SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Treatment of Children's Deformities
Act of 1998''.

SEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY
              OR DISORDER.

    (a) Group Health Plans.--
            (1) Public health service act amendments.--(A) Subpart 2 of
        part A of title XXVII of the Public Health Service Act, as
        amended by section 703(a) of Public Law 104-204, is amended by
        adding at the end the following new section:

``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
              CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.

    ``(a) Requirements for Reconstructive Surgery.--
            ``(1) In general.--A group health plan, and a health
        insurance issuer offering group health insurance coverage, that
        provides coverage for surgical benefits shall provide coverage
        for outpatient and inpatient diagnosis and treatment of a minor
        child's congenital or developmental deformity, disease, or
        injury. A minor child shall include any individual through 21
        years of age.
            ``(2) Requirements.--Any coverage provided under paragraph
        (1) shall be subject to pre-authorization or pre-certification
        as required by the plan or issuer, and such coverage shall
        include any surgical treatment which, in the opinion of the
        treating physician, is medically necessary to approximate a
        normal appearance.
            ``(3) Treatment defined.--
                    ``(A) In general.--In this section, the term
                `treatment' includes reconstructive surgical procedures
                (procedures that are generally performed to improve
                function, but may also be performed to approximate a
                normal appearance) that are performed on abnormal
                structures of the body caused by congenital defects,
                developmental abnormalities, trauma, infection, tumors,
                or disease, including--
                            ``(i) procedures that do not materially
                        affect the function of the body part being
                        treated; and
                            ``(ii) procedures for secondary conditions
                        and follow-up treatment.
                    ``(B) Exception.--Such term does not include
                cosmetic surgery performed to reshape normal structures
                of the body to improve appearance or self-esteem.
    ``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
            (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as
        amended by section 604(b)(2) of Public Law 104-204, is amended
        by striking ``section 2704'' and inserting ``sections 2704 and
        2706''.
            (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
        B of title I of the Employee Retirement Income Security Act of
        1974, as amended by section 702(a) of Public Law 104-204, is
        amended by adding at the end the following new section:

``SEC. 713. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL
              OR DEVELOPMENTAL DEFORMITY OR DISORDER.

    ``(a) Requirements for Reconstructive Surgery.--
            ``(1) In general.--A group health plan, and a health
        insurance issuer offering group health insurance coverage, that
        provides coverage for surgical benefits shall provide coverage
        for outpatient and inpatient diagnosis and treatment of a minor
        child's congenital or developmental deformity, disease, or
        injury. A minor child shall include any individual through 21
        years of age.
            ``(2) Requirements.--Any coverage provided under paragraph
        (1) shall be subject to pre-authorization or pre-certification
        as required by the plan or issuer, and such coverage shall
        include any surgical treatment which, in the opinion of the
        treating physician, is medically necessary to approximate a
        normal appearance.
            ``(3) Treatment defined.--
                    ``(A) In general.--In this section, the term
                `treatment' includes reconstructive surgical procedures
                (procedures that are generally performed to improve
                function, but may also be performed to approximate a
                normal appearance) that are performed on abnormal
                structures of the body caused by congenital defects,
                developmental abnormalities, trauma, infection, tumors,
                or disease, including--
                            ``(i) procedures that do not materially
                        affect the function of the body part being
                        treated; and
                            ``(ii) procedures for secondary conditions
                        and follow-up treatment.
                    ``(B) Exception.--Such term does not include
                cosmetic surgery performed to reshape normal structures
                of the body to improve appearance or self-esteem.
    ``(b) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
            (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as
        amended by section 603(b)(1) of Public Law 104-204, is amended
        by striking ``section 711'' and inserting ``sections 711 and
        713''.
            (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
        amended by section 603(b)(2) of Public Law 104-204, is amended
        by striking ``section 711'' and inserting ``sections 711 and
        713''.
            (D) The table of contents in section 1 of such Act is
        amended by inserting after the item relating to section 712 the
        following new item:

``Sec. 713. Standards relating to benefits for minor child's congenital
                            or developmental deformity or disorder.''.
            (3) Internal revenue code amendments.--Subchapter B of
        chapter 100 of the Internal Revenue Code of 1986 (as amended by
        section 1531(a) of the Taxpayer Relief Act of 1997) is
        amended--
                    (A) in the table of sections, by inserting after
                the item relating to section 9812 the following new
                item:

                              ``Sec. 9813. Standards relating to
                                        benefits for minor child's
                                        congenital or developmental
                                        deformity or disorder.''; and
                    (B) by inserting after section 9812 the following:

``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
              CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.

    ``(a) Requirements for Reconstructive Surgery.--
            ``(1) In general.--A group health plan, and a health
        insurance issuer offering group health insurance coverage, that
        provides coverage for surgical benefits shall provide coverage
        for outpatient and inpatient diagnosis and treatment of a minor
        child's congenital or developmental deformity, disease, or
        injury. A minor child shall include any individual through 21
        years of age.
            ``(2) Requirements.--Any coverage provided under paragraph
        (1) shall be subject to pre-authorization or pre-certification
        as required by the plan or issuer, and such coverage shall
        include any surgical treatment which, in the opinion of the
        treating physician, is medically necessary to approximate a
        normal appearance.
            ``(3) Treatment defined.--
                    ``(A) In general.--In this section, the term
                `treatment' includes reconstructive surgical procedures
                (procedures that are generally performed to improve
                function, but may also be performed to approximate a
                normal appearance) that are performed on abnormal
                structures of the body caused by congenital defects,
                developmental abnormalities, trauma, infection, tumors,
                or disease, including--
                            ``(i) procedures that do not materially
                        affect the function of the body part being
                        treated; and
                            ``(ii) procedures for secondary conditions
                        and follow-up treatment.
                    ``(B) Exception.--Such term does not include
                cosmetic surgery performed to reshape normal structures
                of the body to improve appearance or self-esteem.''.
    (b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act, as amended by section 605(a) of Public Law
104-204, is amended by inserting after section 2751 the following new
section:

``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
              CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.

    ``(a) Requirements for Reconstructive Surgery.--
            ``(1) In general.--A group health plan, and a health
        insurance issuer offering group health insurance coverage, that
        provides coverage for surgical benefits shall provide coverage
        for outpatient and inpatient diagnosis and treatment of a minor
        child's congenital or developmental deformity, disease, or
        injury. A minor child shall include any individual through 21
        years of age.
            ``(2) Requirements.--Any coverage provided under paragraph
        (1) shall be subject to pre-authorization or pre-certification
        as required by the plan or issuer, and such coverage shall
        include any surgical treatment which, in the opinion of the
        treating physician, is medically necessary to approximate a
        normal appearance.
            ``(3) Treatment defined.--
                    ``(A) In general.--In this section, the term
                `treatment' includes reconstructive surgical procedures
                (procedures that are generally performed to improve
                function, but may also be performed to approximate a
                normal appearance) that are performed on abnormal
                structures of the body caused by congenital defects,
                developmental abnormalities, trauma, infection, tumors,
                or disease, including--
                            ``(i) procedures that do not materially
                        affect the function of the body part being
                        treated; and
                            ``(ii) procedures for secondary conditions
                        and follow-up treatment.
                    ``(B) Exception.--Such term does not include
                cosmetic surgery performed to reshape normal structures
                of the body to improve appearance or self-esteem.
    ``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
    (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as
added by section 605(b)(3)(B) of Public Law 104-204, is amended by
striking ``section 2751'' and inserting ``sections 2751 and 2752''.
    (c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 1999.
    (2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.
    (d) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''.

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Radio Broadcasting Preservation Act
of 2000''.

SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED.

    (a) Third-Adjacent Channel Protections Required.--
            (1) Modifications required.--The Federal Communications
        Commission shall modify the rules authorizing the operation of
        low-power FM radio stations, as proposed in MM Docket No. 99-
        25, to--
                    (A) prescribe minimum distance separations for
                third-adjacent channels (as well as for co-channels and
                first- and second-adjacent channels); and
                    (B) prohibit any applicant from obtaining a low-
                power FM license if the applicant has engaged in any
                manner in the unlicensed operation of any station in
                violation of section 301 of the Communications Act of
                1934 (47 U.S.C. 301).
            (2) Congressional authority required for further changes.--
        The Federal Communications Commission may not--
                    (A) eliminate or reduce the minimum distance
                separations for third-adjacent channels required by
                paragraph (1)(A); or
                    (B) extend the eligibility for application for low-
                power FM stations beyond the organizations and entities
                as proposed in MM Docket No. 99-25 (47 CFR 73.853),
        except as expressly authorized by Act of Congress enacted after
        the date of the enactment of this Act.
            (3) Validity of prior actions.--Any license that was issued
        by the Commission to a low-power FM station prior to the date
        on which the Commission modify its rules as required by
        paragraph (1) and that does not comply with such modifications
        shall be invalid.
    (b) Further Evaluation of Need for Third-Adjacent Channel
Protections.--
            (1) Pilot program required.--The Federal Communications
        Commission shall conduct an experimental program to test
        whether low-power FM radio stations will result in harmful
        interference to existing FM radio stations if such stations are
        not subject to the minimum distance separations for third-
        adjacent channels required by subsection (a). The Commission
        shall conduct such test in no more than nine FM radio markets,
        including urban, suburban, and rural markets, by waiving the
        minimum distance separations for third-adjacent channels for
        the stations that are the subject of the experimental program.
        At least one of the stations shall be selected for the purpose
        of evaluating whether minimum distance separations for third-
        adjacent channels are needed for FM translator stations. The
        Commission may, consistent with the public interest, continue
        after the conclusion of the experimental program to waive the
        minimum distance separations for third-adjacent channels for
        the stations that are the subject of the experimental program.
            (2) Conduct of testing.--The Commission shall select an
        independent testing entity to conduct field tests in the
        markets of the stations in the experimental program under
        paragraph (1). Such field tests shall include--
                    (A) an opportunity for the public to comment on
                interference; and
                    (B) independent audience listening tests to
                determine what is objectionable and harmful
                interference to the average radio listener.
            (3) Report to congress.--The Commission shall publish the
        results of the experimental program and field tests and afford
        an opportunity for the public to comment on such results. The
        Federal Communications Commission shall submit a report on the
        experimental program and field tests to the Committee on
        Commerce of the House of Representatives and the Committee on
        Commerce, Science, and Transportation of the Senate not later
        than February 1, 2001. Such report shall include--
                    (A) an analysis of the experimental program and
                field tests and of the public comment received by the
                Commission;
                    (B) an evaluation of the impact of the modification
                or elimination of minimum distance separations for
                third-adjacent channels on--
                            (i) listening audiences;
                            (ii) incumbent FM radio broadcasters in
                        general, and on minority and small market
                        broadcasters in particular, including an
                        analysis of the economic impact on such
                        broadcasters;
                            (iii) the transition to digital radio for
                        terrestrial radio broadcasters;
                            (iv) stations that provide a reading
                        service for the blind to the public; and
                            (v) FM radio translator stations;
                    (C) the Commission's recommendations to the
                Congress to reduce or eliminate the minimum distance
                separations for third-adjacent channels required by
                subsection (a); and
                    (D) such other information and recommendations as
                the Commission considers appropriate.

Summary: Prohibits the FCC, without specific authorization by Congress, from: (1) eliminating or reducing such minimum distance separations for third-adjacent channels. Or (2) extending the eligibility for low-power FM stations beyond those organizations and entities proposed in MM Docket No. 99-25. Invalidates any previously issued low-power FM station license that does not comply with such rule modifications. Directs the FCC to conduct an experimental program to test whether low- power FM stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separation requirements. Requires the FCC to: (1) publish test results and allow an opportunity for public comment. And (2) report test results and FCC recommendations on reducing or eliminating minimum distance standards to specified congressional committees.


SECTION 1. DENIAL OF CERTAIN TAX BENEFITS.

    (a) General Rule.--Section 527 of the Internal Revenue Code of 1986
(relating to political organizations) is amended by adding at the end
thereof the following new subsection:
    ``(i) Special Rules for Certain Campaign Committees.--
            ``(1) In general.--In the case of any political
        organization to which this subsection applies for any taxable
        year--
                    ``(A) all excess campaign contributions received by
                such organization during such taxable year shall be
                included in gross income and the exemptions provided by
                subsection (c)(1) for exempt function income shall not
                apply to such contributions, and
                    ``(B) the provisions of subsection (h) shall not
                apply to such organization for such taxable year.
            ``(2) Organizations to which subsection applies.--This
        subsection shall apply to any political organization for any
        taxable year if--
                    ``(A) such organization is a campaign committee of
                a candidate for election as a Member of the House of
                Representatives or as a Delegate or Resident
                Commissioner to the House of Representatives, and
                    ``(B) the contribution limitations of paragraph (3)
                are not satisfied by such candidate--
                            ``(i) in the case of the first taxable year
                        beginning in an election cycle, for the portion
                        of such election cycle ending with the close of
                        the taxable year, or
                            ``(ii) in the case of the taxable year in
                        which such election cycle ends, for the entire
                        election cycle.
            ``(3) Contribution limitations.--The contribution
        limitations of this paragraph are satisfied by any candidate
        for any election cycle (or portion thereof) if--
                    ``(A) the sum of the following amounts does not
                exceed $600,000:
                            ``(i) the amount of cash and the fair
                        market value of other property held by campaign
                        committees of such candidate as of the
                        beginning of such election cycle, plus
                            ``(ii) the aggregate amount of political
                        contributions accepted by such candidate or by
                        such candidate's campaign committees during
                        such election cycle (or portion thereof), and
                    ``(B) the aggregate amount of political
                contributions from multicandidate political committees
                accepted by such candidate or by such candidate's
                campaign committees during such election cycle (or
                portion thereof) does not exceed $300,000.
            ``(4) Excess campaign contributions.--
                    ``(A) In general.--For purposes of this subsection,
                the term `excess campaign contributions' means the
                amount of contributions received by the political
                organization during the taxable year to the extent such
                contributions exceed the amount permitted under the
                contribution limitations of paragraph (3).
                    ``(B) Special rule.--For purposes of this subtitle,
                contributions received during the portion of any
                election cycle before the first taxable year beginning
                in such cycle shall be treated as received in such
                first taxable year.
            ``(5) Election cycle.--For purposes of this subsection, the
        term `election cycle' means the period beginning with the day
        after the date of a general election for the House of
        Representatives and ending with the date of the next general
        election for the House of Representatives.
            ``(6) Multicandidate political committee.--The term
        `multicandidate political committee' has the meaning given such
        term by section 315(a)(4) of the Federal Election Campaign Act
        of 1971 (2 U.S.C. 441a(a)(4)).''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 2. DENIAL OF LOWEST UNIT CHARGE FOR CAMPAIGN ADS.

    Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b))
is amended by adding at the end the following new sentence:
``The limitations on charges contained in this subsection shall not
apply in the case of a candidate for election as a Member of, or
Delegate or Resident Commissioner to, the United States House of
Representatives unless such candidate certifies, at the time of
entering into a contract for the use of such broadcasting station, that
such candidate has not obtained any excess campaign contributions for
the current election cycle, as determined under section 527(i)(4) of
the Internal Revenue Code of 1986.''.

SEC. 3. REDUCED THIRD-CLASS MAILING RATES.

    (a) In General.--Section 3626(e) of title 39, United States Code,
is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``and the National'' and inserting
                ``the National''; and
                    (B) by striking ``Committee;'' and inserting
                ``Committee, and, subject to paragraph (3), a campaign
                committee of a candidate for the House of
                Representatives;'';
            (2) in paragraph (2)(B), by striking ``and'' after the
        semicolon;
            (3) in paragraph (2)(C), by striking the period and
        inserting ``; and'';
            (4) by adding after paragraph (2)(C) the following:
            ``(D) the term `candidate for the House of Representatives'
        means a candidate for election as a Member of, or Delegate or
        Resident Commissioner to, the House of Representatives.''; and
            (5) by adding after paragraph (2) the following:
    ``(3) The rates under this subsection shall not be available to a
campaign committee of a candidate for the House of Representatives
unless such committee certifies, at such time and in such manner as the
Postal Service by regulation requires, that such candidate has not
obtained any excess campaign contributions for the current election
cycle, as determined under section 527(i)(4) of the Internal Revenue
Code of 1986.''.
    (b) Sense of the Congress.--It is the sense of the Congress that
any additional costs incurred by the United Postal Service in
connection with providing reduced rates of postage pursuant to the
amendments made by subsection (a) should be funded out of any revenues
attributable to the amendment made by section 1.

Summary: Amends the Internal Revenue Code with respect to political organizations to establish a campaign contribution limitation scheme applicable to the campaign committee of a candidate for election to the House of Representatives. Provides that excess campaign contributions received by such an organization shall be included in its gross income. Amends the Communications Act of 1934 and Federal postal service law to condition the lowest unit charge for campaign ads upon a candidate's certification of compliance with such contribution limitation. Expresses the sense of the Congress that additional costs incurred by the United Postal Service in providing reduced rates of postage pursuant to this Act should be funded out of revenues attributable to this Act.

To deny certain benefits to candidates for election to the House of Representatives who accept contributions in excess of certain limitations, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Lending to
Entrepreneurs for Growth in Underserved Populations Act of 2011'' or
the ``Small Business Leg-Up Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Families and small businesses in under-served areas
        have for generations been unable to access affordable credit.
            (2) The financial crisis of 2008 only served to exacerbate
        efforts by entrepreneurs to access capital for the purpose of
        creating jobs and improving economic outcomes in the community.
            (3) Small business investments revitalize communities by
        creating jobs but also contributing to the local tax base,
        which helps finance investments in schools, hospitals,
        infrastructure, and public safety.
            (4) The Community Development Financial Institutions Fund
        is well placed to make careful, targeted investments in
        community development financial institutions for the purposes
        of improving economic outcomes for underserved families across
        America.
            (5) Providing the Community Development Financial
        Institutions Fund with a robust capital infusion will make
        efficient use of taxpayer dollars, by leveraging Federal
        investment for the purpose of small business lending.

SEC. 3. TRANSFER OF FUNDS FROM SMALL BUSINESS LENDING FUND TO THE CDFI
              FUND.

    (a) Unobligated Funds.--On the date of the expiration of the
investment authority described under section 4109(a) of the Small
Business Jobs Act of 2010, the Secretary shall transfer all unobligated
funds in the Small Business Lending Fund to the Community Development
Financial Institutions Fund.
    (b) Proceeds.--Section 4103(b)(3) of the Small Business Jobs Act of
2010 is amended to read as follows:
            ``(3) Proceeds transferred to cdfi fund.--All funds
        received by the Secretary in connection with purchases made
        pursuant to paragraph (1), including principal, interest
        payments, dividend payments, and proceeds from the sale of any
        financial instrument, shall be transferred to the Community
        Development Financial Institutions Fund.''.

SEC. 4. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM.

    (a) In General.--The Riegle Community Development and Regulatory
Improvement Act of 1994 is amended by adding after section 108 the
following new section:

``SEC. 108A. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM TO INCREASE
              CREDIT AVAILABILITY FOR SMALL BUSINESSES.

    ``(a) Small Business Revolving Loan Program.--
            ``(1) In general.--Using amounts described under subsection
        (b), the Administrator shall carry out a Small Business Capital
        Investment Program (`Program') to make capital investments in
        eligible community development financial institutions in order
        to increase the availability of credit for small businesses.
            ``(2) Structure of the program.--To the extent practicable,
        the Administrator shall carry out the Program in the same
        manner as the Small Business Lending Fund Program authorized
        under section 4103(a)(2) of the Small Business Jobs Act of
        2010, except that--
                    ``(A) all funds received by the Administrator in
                connection with purchases made under the Program,
                including principal, interest payments, dividend
                payments, and proceeds from the sale of any financial
                instrument, shall be deposited into the Fund;
                    ``(B) eligible community development financial
                institutions may apply to receive a capital investment
                from the Fund in an amount not exceeding 10 percent of
                total assets, or such other percentage as the
                Administrator determines to be appropriate; and
                    ``(C) the authority to make capital investments in
                eligible community development financial institutions
                shall continue so long as amounts described under
                subsection (b) are available to make such investments.
    ``(b) Funding.--
            ``(1) In general.--Notwithstanding any other provision of
        this Act, amounts deposited into the Fund pursuant to section
        4(a) of the Small Business Leg-Up Act of 2011, section
        4103(b)(3) of the Small Business Jobs Act of 2010, or
        subsection (a)(2)(A) shall only be available to carry out the
        Program established under subsection (a).
            ``(2) Administration costs.--Interest payments received
        under subsection (a)(2)(A) may be used to pay for the
        administrative costs of carrying out the Program.
            ``(3) Authorization of appropriations.--There is authorized
        to be appropriated to the Administrator $4,000,000 to carry out
        the Program.
    ``(c) Rulemaking.--The Administrator may issue such regulations as
the Administrator determines to be appropriate to carry out this
section.
    ``(d) Eligible Community Development Financial Institution Defined
.--For purposes of this section, the term `eligible community
development financial institution' means a community development
financial institution with assets of $10,000,000,000 or less, as
reported in audited financial statements.''.
    (b) Technical Amendment.--The table of contents for the Riegle
Community Development and Regulatory Improvement Act of 1994 is amended
by inserting after the item relating to section 108 the following new
item:

``108A. Small Business Capital Investment Program to increase credit
                            availability for small businesses.''.

Summary: Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2011 or the Small Business Leg-Up Act of 2011 - Requires, upon the expiration of investment authority for the Small Business Lending Fund Program provided in the Small Business Jobs Act of 2010, that all unobligated funds in the Small Business Lending Fund be transferred to the Community Development Financial Institutions (CDFI) Fund. Directs that all funds received in connection with certain purchases of preferred stock and other financial instruments pursuant to such authority be transferred to the CDFI Fund. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to direct the Administrator of the CDFI Fund to carry out a Small Business Capital Investment (SBCI) Program to continue making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. Requires that: (1) all funds the Administrator receives in connection with SBCI Program purchases be deposited in the CDFI Fund, and (2) the authority to make such capital investments continue so long as specified funding amounts are available. Allows eligible community development financial institutions to apply to receive a capital investment of up to 10 of total assets, or another appropriate percentage determined by the Administrator. Directs the Administrator, to the extent practicable and except as otherwise provided, to carry out the SBCI Program in the same manner as the Small Business Lending Fund Program.

To transfer unobligated and repaid funds from the Small Business Lending Fund Program to the Community Development Financial Institutions Fund to continue the program of making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Employee Stock Option Act
of 2002''.

SEC. 2. INCENTIVES TO GRANT EMPLOYEE STOCK OPTIONS.

    (a) In General.--Section 423 of the Internal Revenue Code of 1986
(relating to employee stock purchase plans) is amended by adding at the
end the following new subsection:
    ``(d) Special Incentives With Respect to Employee Stock Purchase
Plans Which Meet Certain Additional Requirements.--
            ``(1) In general.--If--
                    ``(A) section 421(a) would (but for this
                subsection) apply with respect to the transfer of stock
                to an individual by reason of this section, and
                    ``(B) the requirements of paragraph (2) are met
                with respect to such transfer,
        the rules of paragraph (3) shall apply in lieu of the rules of
        section 421(a) and section 56(b)(3) shall not apply.
            ``(2) Requirements.--A transfer of stock to an individual
        meets the requirements of this paragraph if--
                    ``(A) the price paid by the individual for the
                stock under the option is paid only through payroll
                deductions in substantially equal amounts over a period
                of not less than 12 months and not more than 60 months,
                    ``(B) such payroll deductions are held in a trust
                described in paragraph (5),
                    ``(C) the price of the stock acquired under the
                option is not less than the fair market value of the
                stock at the time the option is granted,
                    ``(D) ownership of the stock is transferred to the
                individual at the end of the payroll deduction period
                (or, if earlier, the date that the price of the stock
                under the option is fully paid),
                    ``(E) the individual's election to commence
                withholding to purchase such stock pursuant to the
                option is made during the 30-day period beginning on
                the earliest date that the individual could have made
                the election to commence withholding to acquire stock
                pursuant to such option, and
                    ``(F) the stock acquired by the individual pursuant
                to the option--
                            ``(i) is held by the trust described in
                        paragraph (5) until the individual elects to
                        dispose of such stock, or
                            ``(ii) at the election of the individual,
                        is transferred to the individual.
            ``(3) Special tax treatment.--
                    ``(A) Treatment of payroll deductions.--With
                respect to the payroll deductions referred to in
                paragraph (2)(A)--
                            ``(i) the gross income of the individual
                        shall not include an amount equal to such
                        deductions,
                            ``(ii) for purposes of subtitle C, the
                        individual's remuneration for employment shall
                        not include an amount equal to such deductions,
                        and
                            ``(iii) the deduction otherwise allowable
                        under section 162 for remuneration paid to such
                        individual shall be reduced by an amount equal
                        to such deductions.
                The aggregate amount to which the preceding sentence
                applies for any taxable year of an individual shall not
                exceed the limitation under section 402(g)(1) for such
                taxable year.
                    ``(B) Treatment when share transferred to
                individual.--
                            ``(i) Employee.--No amount shall be
                        includible in the gross income of an individual
                        (or treated as remuneration for purposes of
                        subtitle C) by reason of the transfer of
                        ownership of stock acquired pursuant to an
                        option to which this subsection applies.
                            ``(ii) Employer.--There shall be allowed as
                        a deduction under section 162 to the person
                        whose deduction was reduced under subparagraph
                        (A)(iii) (for the taxable year in which such
                        transfer of ownership occurs) an amount equal
                        to the fair market value of the stock at the
                        time of such transfer.
                    ``(C) Treatment when share disposed of.--At the
                time the stock is disposed of, so much of the gain as
                does not exceed the deduction allowed under
                subparagraph (B)(ii) shall be treated as ordinary
                income.
                    ``(D) Failure to include proper amount of ordinary
                income.--If--
                            ``(i) the gain on any disposition of stock
                        acquired pursuant to an option to which this
                        subsection applies exceeds the deduction
                        allowed under subparagraph (B)(ii), and
                            ``(ii) the individual fails to include in
                        gross income as ordinary income at least the
                        amount of such deduction,
                then the entire amount of gain shall be included in
                gross income as ordinary income.
            ``(4) Special rules.--
                    ``(A) Determination of option price.--For purposes
                of paragraph (2), an option to acquire stock shall be
                treated as being granted on the earliest date that the
                individual could have made the election to acquire
                stock pursuant to such option.
                    ``(B) Return of payroll deductions.--Nothing in
                this subsection shall prevent the return of an
                individual's payroll deductions to the individual if
                the individuals elects not to use the deducted amounts
                to acquire the stock. The amount so returned shall be
                included in the gross income of such individual for the
                taxable year in which paid to the individual and shall
                be treated for purposes of subtitle C as remuneration
                from employment.
                    ``(C) Termination of employment.--If an individual
                terminates employment with the person who granted the
                option to acquire stock, paragraph (2)(A) shall not
                apply to amounts paid within 3 months after such
                termination to the extent such amounts do not exceed
                the amount payable under options granted before the
                date of such termination. In the case of an individual
                who is disabled or who dies before the close of such 3
                months, the preceding sentence shall be applied by
                substituting `1 year' for `3 months'.
                    ``(D) Treatment of nonresident aliens.--If an
                individual is a nonresident alien individual for any
                portion of the taxable year, this subsection shall
                apply only if--
                            ``(i) such individual is treated as a
                        resident alien of the United States for
                        purposes of this chapter by reason of an
                        election under subsection (g) or (h) of section
                        6013, or
                            ``(ii) such individual has income from
                        sources within the United States or which is
                        effectively connected with the conduct of a
                        trade or business in the United States.
                    ``(E) Certain employees may be excluded.--In
                applying subsection (b)(4) for purposes of this
                subsection, there may be excluded employees included in
                a unit of employees covered by an agreement between
                employee representatives and one or more employers
                which the Secretary finds to be a collective bargaining
                agreement, if the benefits provided under this
                subsection were the subject of good faith bargaining
                between such employee representatives and such employer
                or employers.
            ``(5) Rate of cash compensation must be unaffected.--The
        grant of any options under the arrangement may not be directly
        linked with a systematic reduction in the annual rate at which
        basic or regular cash compensation is paid to employees under
        the arrangement, as determined under regulations prescribed by
        the Secretary of the Treasury.
            ``(6) Trust holding payroll deductions.--A trust is
        described in this paragraph if--
                    ``(A) the trust is created or organized in the
                United States exclusively for the purposes of holding
                payroll deductions pursuant to this subsection and
                stock acquired with such payroll deductions,
                    ``(B) a separate account is maintained for each
                individual, and
                    ``(C) any earnings on payroll deductions of an
                individual are paid not less often than annually to
                such individual.
        The Employee Retirement Income Security Act of 1974 shall not
        apply to any trust described in this paragraph.
            ``(7) Regulations.--The Secretary shall prescribe such
        regulations as may be appropriate to carry out this
        subsection.''
    (b) Exemption From Tax for Trust Holding Payroll Deductions, Etc.--
Subsection (a) of section 501 of such Code is amended by striking ``or
section 401(a)'' and inserting ``, section 401(a), or section
423(d)(5)''.
    (c) Information Reporting.--
            (1) In general.--Subpart B of part III of subchapter A of
        chapter 61 of such Code is amended by adding at the end the
        following new section:

``SEC. 6050T. RETURNS RELATING TO TRANSFER OF OWNERSHIP OF STOCK
              ACQUIRED PURSUANT TO CERTAIN STOCK OPTIONS.

    ``(a) In General.--Any person who is allowed a deduction for any
taxable year under section 423(d)(3)(B)(ii) with respect to the
transfer of ownership of stock to any individual shall make the return
described in subsection (b) with respect to such transfer at such time
as the Secretary may by regulations prescribe.
    ``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
            ``(1) is in such form as the Secretary may prescribe,
            ``(2) contains--
                    ``(A) the name, address, and TIN of the individual
                to whom the stock ownership was so transferred,
                    ``(B) the amount of the deduction allowed under
                section 423(d)(3)(B)(ii) with respect to such transfer,
                and
                    ``(C) such other information as the Secretary may
                prescribe.
    ``(c) Statements To Be Furnished To Persons With Respect To Whom
Information Is Required.--Every person required to make a return under
subsection (a) shall furnish to each individual whose name is required
to be set forth in such return a written statement showing--
            ``(1) the name, address, and phone number of the
        information contact of the person required to make such return,
        and
            ``(2) the amount of the deduction described in subsection
        (a) with respect to stock ownership transferred to such
        individual.
The written statement required under the preceding sentence shall be
furnished to the person on or before January 31 of the year following
the calendar year for which the return under subsection (a) was
required to be made.''
            (2) Assessable penalties.--
                    (A) Subparagraph (B) of section 6724(d)(1) of such
                Code (relating to definitions) is amended by
                redesignating clauses (xi) through (xvii) as clauses
                (xii) through (xviii), respectively, and by inserting
                after clause (x) the following new clause:
                            ``(xi) section 6050T (relating to returns
                        relating to transfers of ownership of stock
                        acquired pursuant to certain stock options),''.
                    (B) Paragraph (2) of section 6724(d) of such Code
                is amended by striking ``or'' at the end of the next to
                last subparagraph, by striking the period at the end of
                the last subparagraph and inserting ``, or'', and by
                adding at the end the following new subparagraph:
                    ``(BB) section 6050T(c) (relating to returns
                relating to transfers of ownership of stock acquired
                pursuant to certain stock options).''.
            (3) Clerical amendment.--The table of sections for subpart
        B of part III of subchapter A of chapter 61 of such Code is
        amended by inserting after the item relating to section 6050S
        the following new item:

                              ``Sec. 6050T. Returns relating to
                                        transfers of ownership of stock
                                        acquired pursuant to certain
                                        stock options.''.
    (d) Effective Date.--The amendments made by this section shall
apply to options granted after the date of the enactment of this Act.

Summary: Workplace Employee Stock Option Act of 2002 - Amends the Internal Revenue Code to provide for the exclusion from gross income of certain stock purchased with payroll deductions through an employee stock purchase plan. Sets forth special rules with respect to the inclusion of nonresident aliens under the provisions of this Act. Allows certain employees to be excluded from purchasing stock options under this Act. Requires certain employers to submit information returns relating to the transfer of ownership of stock acquired by employees pursuant to certain stock options, and assesses penalties for failure to comply.

To amend the Internal Revenue Code of 1986 to encourage the granting of employee stock options.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Living Wage Act''.

SEC. 2. INCREASE IN EARNED INCOME TAX CREDIT.

    (a) General Rule.--Subsections (a) and (b) of section 32 of the
Internal Revenue Code of 1986 (relating to earned income tax credit)
are amended to read as follows:
    ``(a) Allowance of Credit.--
            ``(1) In general.--In the case of an eligible individual,
        there shall be allowed as a credit against the tax imposed by
        this subtitle for the taxable year an amount equal to the
        credit percentage of so much of the earned income for the
        taxable year as does not exceed $8,000.
            ``(2) Limitation.--The amount of the credit allowable to a
        taxpayer under this subsection for any taxable year shall not
        exceed the excess (if any) of--
                    ``(A) the credit percentage of $8,000, over
                    ``(B) the phaseout percentage of so much of the
                adjusted gross income (or, if greater, the earned
                income) of the taxpayer for the taxable year as exceeds
                $10,000.
    ``(b) Percentages.--For purposes of subsection (a)--
            ``(1) Credit percentage.--
                    ``(A) In general.--The credit percentage is the
                percentage equal to the sum of--
                            ``(i) 20 percent,
                            ``(ii) 5 percent for each school age
                        qualifying child, plus
                            ``(iii) 10 percent for each preschool age
                        qualifying child.
                    ``(B) Not more than 4 children taken into
                account.--Not more than 4 children shall be taken into
                account under subparagraph (A), and preschool age
                qualifying children shall be taken into account before
                any other children are taken into account.
            ``(2) Phaseout percentage.--
                    ``(A) Phasedown to minimum benefit.--
                            ``(i) In general.--The phaseout percentage
                        is the percentage determined in accordance with
                        the following table:

                         ``If the combination of

                           qualifying children taken

                           into account under
                                                           The phaseout
                           paragraph (1) is--
                                                        percentage is--
                                 1 S.................          13
                                 2 S, or 1 P.........          14
                                 3 S, or 1 S and 1 P.          15
                                 4 S, or 2 S and 1 P,          16
                            or 2 P.
                                 3 S and 1 P, or 1 S           17
                            and 2 P.
                                 2 S and 2 P, or 3 P.          18
                                 1 S and 3 P.........          19
                                 4 P.................         20.
                            ``(ii) Symbols used in table.--For purposes
                        of clause (i)--
                                    ``(I) S means school age qualifying
                                child, and
                                    ``(II) P means preschool age
                                qualifying child.
                    ``(B) Minimum benefit for taxpayers with incomes
                below $50,000.--Except as provided in subparagraph (C),
                subparagraph (A) shall not apply so as to reduce the
                credit allowed by this section to a taxpayer to less
                than the minimum benefit determined in accordance with
                the following table:

                    ``If the phaseout percentage
                                                            The minimum
                      applicable to the taxpayer is--
                                                           benefit is--
                              13.....................          $200
                              14.....................           400
                              15.....................           600
                              16.....................           800
                              17.....................         1,000
                              18.....................         1,200
                              19.....................         1,400
                              20.....................        1,600.
                    ``(C) Phaseout of minimum benefit.--If the adjusted
                gross income (or, if greater, the earned income) of the
                taxpayer for the taxable year exceeds $50,000, the
                minimum benefit determined under subparagraph (B) shall
                be reduced by 15 percent of such excess.
            ``(3) Special rules for individual whose only children have
        attained age 16.--For purposes of this section, in the case of
        an individual who is an eligible individual solely by reason of
        children each of whom has attained age 16 as of the close of
        the taxable year--
                    ``(A) the credit percentage shall be 20 percent,
                    ``(B) the phaseout percentage shall be 12 percent,
                and
                    ``(C) subparagraphs (B) and (C) of paragraph (2)
                shall not apply.''
    (b) Preschool Age and School Age Qualifying Children Defined.--
Subsection (c) of section 32 of such Code is amended by adding at the
end the following new paragraph:
            ``(4) Preschool age and school age qualifying children.--
                    ``(A) Preschool age qualifying child.--The term
                `preschool age qualifying child' means any qualifying
                child who has not attained age 6 as of the close of the
                taxable year.
                    ``(B) School age qualifying child.--The term
                `school age qualifying child' means any qualifying
                child who has attained age 6 but not age 16 as of the
                close of the taxable year.''
    (c) Advance Payment Provisions.--
            (1) Subsection (b) of section 3507 of such Code is amended
        by striking ``and'' at the end of paragraph (2), by striking
        the period at the end of paragraph (3) and inserting ``, and'',
        and by inserting after paragraph (3) the following new
        paragraph:
            ``(4) states the number and ages of qualifying children (as
        defined in section 32(c)) of the employee for the taxable
        year.''
            (2) Paragraph (2) of section 3507(c) of such Code is
        amended--
                    (A) in subparagraph (B)(i), by striking ``(without
                regard to subparagraph (D)'' and by striking ``section
                32(a)(1)'' and inserting ``section 32(a)'',
                    (B) in subparagraph (B)(ii), by striking ``section
                32(b)(1)(B)(ii)'' and inserting ``section 32(a)(2)''
                and by striking ``section 32(a)(1)'' and inserting
                ``section 32(a)'', and
                    (C) by adding at the end the following new
                sentence:
        ``For purposes of this paragraph, the credit percentage shall
        be determined under section 32(b) on the basis of the number
        and ages of qualifying children specified in the earned income
        eligibility certificate and the determination of the amounts
        referred to in subparagraph (B)(ii) shall be made on the basis
        of the number and ages of qualifying children so specified.''
            (3) Clause (i) of section 3507(e)(3)(A) of such Code is
        amended by inserting before ``, or'' the following: ``(or
        changing the percentages applicable to the employee under
        section 32(b) for the taxable year)''.
    (d) Conforming Amendments.--
            (1) Paragraph (2) of section 32(f) of such Code is
        amended--
                    (A) by striking ``subsection (b)'' each place it
                appears in subparagraphs (A) and (B) and inserting
                ``subsection (a)(2)'', and
                    (B) by adding at the end the following new
                sentence:
        ``Separate tables shall be prescribed for each of the phaseout
        percentages specified in the table contained in subsection
        (b)(2)(A)(i).''
            (2) Paragraphs (1) and (2) of section 32(i) of such Code
        are amended to read as follows:
            ``(1) In general.--In the case of any taxable year
        beginning after 1995, each amount referred to in paragraph (2)
        shall be increased by an amount equal to--
                    ``(A) such amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                the taxable year begins by substituting `1994' for
                `1989' in subparagraph (B) thereof.
            ``(2) Amounts.--The amounts referred to in this paragraph
        are--
                    ``(A) the credit percentages used for purposes of
                subsection (a),
                    ``(B) the $10,000 amount contained in subsection
                (a)(2)(B), and
                    ``(C) the $50,000 amount contained in subsection
                (b)(2)(C).''
            (3) Section 213 of such Code (relating to medical, dental,
        etc., expenses) is amended by striking subsection (f).
            (4) Paragraph (3) of section 162(l) of such Code is amended
        to read as follows:
            ``(3) Coordination with medical deduction.--Any amount paid
        by a taxpayer for insurance to which paragraph (1) applies
        shall not be taken into account in computing the amount
        allowable to the taxpayer as a deduction under section
        213(a).''
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993; except that
the amendments made by subsection (c) shall take effect on January 1,
1994.

SEC. 3. DEPENDENT CARE CREDIT LIMITED TO HANDICAPPED DEPENDENTS AND
              SPOUSES.

    (a) In General.--Paragraph (1) of section 21(b) of the Internal
Revenue Code of 1986 (defining qualifying individual and employment-
related expenses) is amended by striking subparagraph (A), by
redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively, and by adding at the end the following new sentence:
        ``In the case of an individual described in subparagraph (A)
        who has not attained age 16 as of the close of the taxable
        year, such individual may be treated as a qualifying individual
        for purposes of this section only if the taxpayer elects not to
        treat such individual as a qualifying child under section 32
        for such year.''
    (b) Conforming Amendments.--
            (1) Subparagraph (B) of section 21(b)(2) of such Code is
        amended by striking ``care of--'' and all that follows and
        inserting ``care of a qualifying individual who regularly
        spends at least 8 hours each day in the taxpayer's household.''
            (2) Paragraph (2) of section 21(d) of such Code is amended
        by striking ``subsection (b)(1)(C)'' and inserting ``subsection
        (b)(1)(B)''.
            (3) Paragraph (5) of section 21(e) of such Code is
        amended--
                    (A) by striking ``is under the age of 13 or'' in
                subparagraph (B), and
                    (B) by striking ``subparagraph (A) or (B) of
                subsection (b)(1) (whichever is appropriate)'' and
                inserting ``subsection (b)(1)(A)''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.

SEC. 4. ELIMINATION OF PROPOSED CHANGES IN TREATMENT OF EARNED INCOME
              CREDIT IN DETERMINING CERTAIN WELFARE BENEFITS.

    Paragraphs (1) and (2)(A) of section 402(c) of the Family Support
Act of 1988 are repealed.

Summary: Family Living Wage Act - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $8,000 the amount of earned income subject to the credit, (2) establish the basic credit at 20 percent. And (3) permit an additional credit of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $50,000. Indexes amounts relating to the credit beginning in 1995. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 16 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act.

Family Living Wage Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare/Medicaid Solvency Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) illnesses and diseases that result from the use of
        tobacco products cost Federal Government health care programs
        billions of dollars, including $10,200,000,000 in the medicare
        program, $5,100,000,000 in the medicaid program, and
        $4,700,000,000 in other Federal health programs in fiscal year
        1993;
            (2) in April 1994, the trustees of the medicare trust funds
        concluded that such funds may be insolvent in 2001;
            (3) such insolvency would severely affect the ability of
        the medicare trust funds to continue to protect the health of
        America's senior citizens; and
            (4) the medicare population has a significantly higher risk
        of contracting illnesses and diseases that result from the use
        of tobacco products than younger age groups.
    (b) Purpose.--The purpose of this Act is to insure the long-term
viability of the medicare, medicaid, and other federal health programs
by establishing a dedicated trust fund to reimburse the government for
the health care costs of individuals with diseases attributable to the
use of tobacco products.

SEC. 3. TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST
              REIMBURSEMENT TRUST FUND.

    (a) In General.--The Internal Revenue Code of 1986 is amended by
adding at the end the following new subtitle:

``Subtitle K--Tobacco Product Manufacturers Contribution to Health Care
                     Cost Reimbursement Trust Fund.

                              ``Chapter 100. Tobacco Product
                                        Manufacturers Contribution to
                                        Health Care Cost Reimbursement
                                        Trust Fund.

  ``CHAPTER 100--TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH
                  CARE COST REIMBURSEMENT TRUST FUND.

                              ``Sec. 9801. Establishment of Tobacco
                                        Product Health Care Cost
                                        Reimbursement Trust Fund.
                              ``Sec. 9802. Contributions to Trust Fund.

``SEC. 9801. ESTABLISHMENT OF TOBACCO PRODUCT HEALTH CARE COST
              REIMBURSEMENT TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Tobacco Product
Health Care Cost Reimbursement Trust Fund' (hereafter referred to in
this chapter as the `Trust Fund'), consisting of such amounts as may be
appropriated or transferred to the Trust Fund as provided in this
section or section 9602(b).
    ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the
Trust Fund an amount equivalent to contributions received in the
Treasury under section 9802.
    ``(c) Distribution of Amounts in Trust Fund.--
            ``(1) In general.--The amounts in the Trust Fund shall be
        available in each fiscal year (beginning with fiscal year
        1997), as provided by appropriation Acts, to the Secretary--
                    ``(A) to distribute to each particular Secretary
                responsible for the expenditure of Federal funds for
                that fiscal year under title XVIII or XIX of the Social
                Security Act or any other Federal program for the
                payment of health care costs of individuals with
                diseases attributable to the use of tobacco products,
                and
                    ``(B) to pay all expenses of administration
                incurred by the Department of the Treasury in
                administering this chapter and the Trust Fund.
            ``(2) Determination of distribution.--Each particular
        Secretary described in paragraph (1)(A) shall submit to the
        Secretary of the Treasury such documentation as the Secretary
        requires to determine the appropriate distribution under
        paragraph (1)(A).
            ``(3) Use of distributions.--In any case in which an
        expenditure of Federal funds described in paragraph (1)(A) was
        made from a trust fund, the distribution under paragraph (1)(A)
        reimbursing such expenditure shall be made to such trust fund.
            ``(4) State medicaid expenditures.--For purposes of this
        section, the Secretary of Health and Human Services shall
        include in the Secretary's submission under paragraph (2) the
        expenditure of State funds under State plans under title XIX of
        the Social Security Act for the payment of health care costs of
        individuals with diseases attributable to the use of tobacco
        products, and to the extent the distribution to the Secretary
        under paragraph (1)(A) is attributable to such expenditure,
        shall reimburse the various States for such expenditures.
    ``(d) Administrative Rules.--For purposes of this section, the
rules of subchapter B of chapter 98 shall apply.
    ``(e) Tobacco Products.--For purposes of this chapter, the term
`tobacco products' has the meaning given such term by section 5702(c).

``SEC. 9802. CONTRIBUTIONS TO TRUST FUND.

    ``(a) Annual Premiums.--Each manufacturer of tobacco products shall
pay to the Trust Fund, an annual contribution equal to the product of
the amount determined under subsection (b) for each fiscal year
(beginning with fiscal year 1997) and the manufacturer's market share
percentage determined under subsection (c) for the calendar year
preceding such fiscal year.
    ``(b) Determination of Funding Levels.--
            ``(1) In general.--Not later than the date the President is
        required to submit the budget of the United States for a fiscal
        year to Congress, the Director of the Centers for Disease
        Control and Prevention, after consultation with the Directors
        of the National Institutes of Health, the National Cancer
        Institute, and the National Heart, Lung, and Blood Institute,
        shall make an estimate of--
                    ``(A) the amount of Federal expenditures for that
                fiscal year under titles XVIII and XIX of the Social
                Security Act and other Federal programs, and
                    ``(B) the amount of State expenditures for that
                fiscal year under State plans under title XIX of the
                Social Security Act,
        for payment of health care costs of individuals with diseases
        attributable to the use of tobacco products.
            ``(2) Disclosure of estimate methodology.--The Director of
        the Centers for Disease Control and Prevention shall publish in
        the Federal Register all relevant documentation considered and
        the methodology used in making the estimate described in
        paragraph (1).
            ``(3) Report in budget.--The President shall include the
        estimate described in paragraph (1) in the budget for the
        fiscal year.
    ``(c) Market Share Percentage.--
            ``(1) In general.--Not later than July 1, the Secretary
        shall determine and publish the market share percentage for the
        preceding calendar year for each manufacturer of tobacco
        products by determining such manufacturer's percentage share of
        the total amount of tobacco products sold in the United States
        during such calendar year.
            ``(2) Information.--Not later than April 1, each
        manufacturer of tobacco products shall furnish to the Secretary
        such information as the Secretary may require to determine any
        market share percentage under this subsection for the preceding
        calendar year.
    ``(d) Payment of Contributions.--The annual contribution under
subsection (a) for any fiscal year shall be payable in 12 monthly
installments, due on the twenty-fifth day of each calendar month in the
fiscal year.
    ``(e) Enforcement.--For penalties and other general and
administrative provisions applicable to this section, see subtitle F.
    ``(f) Manufacturer of Tobacco Products.--For purposes of this
section, the term `manufacturer of tobacco products' has the meaning
given such term by section 5702(d).''
    (b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

Summary: MedicareMedicaid Solvency Act - Amends the Internal Revenue Code to establish in the Treasury the Tobacco Product Health Care Cost Reimbursement Trust Fund. Directs the Secretary of the Treasury to: (1) distribute amounts in the Fund to each Secretary responsible for the expenditure of Federal funds for that fiscal year under titles XXVIII (Medicare) and XIX (Medicaid) of the Social Security Act or any other Federal program for the payment of health care costs for individuals with diseases attributable to the use of tobacco products. And (2) pay administrative expenses of the Fund. Requires each manufacturer of tobacco products to pay to the Fund an annual contribution based on the total amount of tobacco-related Federal health care costs in proportion to that manufacturer's share of the tobacco market.

Medicare/Medicaid Solvency Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Slate for Kids Online Act of
2018''.

SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998.

    (a) Definitions.--Section 1302 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end
the following:
            ``(13) Delete.--The term `delete' means to remove personal
        information such that the information is not maintained in
        retrievable form and cannot be retrieved in the normal course
        of business.''.
    (b) Regulation of Unfair and Deceptive Acts and Practices in
Connection With the Collection and Use of Personal Information From and
About Children on the Internet.--Section 1303 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Failure to delete.--It is unlawful for an operator of
        a website or online service directed to children, or any
        operator that has actual knowledge that it is collecting
        personal information from a child, to fail to delete personal
        information collected from or about a child if a request for
        deletion is made pursuant to regulations prescribed under
        subsection (e).''; and
            (2) by adding at the end the following:
    ``(e) Right of an Individual To Delete Personal Information
Collected When the Person Was a Child.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this subsection, the Commission shall promulgate
        under section 553 of title 5, United States Code, regulations
        that require the operator of any website or online service
        directed to children, or any operator that has actual knowledge
        that it has collected personal information from a child or
        maintains such personal information--
                    ``(A) to provide notice on the website of how an
                individual over the age of 13, or a legal guardian of
                an individual over the age of 13 acting with the
                knowledge and consent of the individual, can request
                that the operator delete all personal information in
                the possession of the operator that was collected from
                or about the individual when the individual was a child
                notwithstanding any parental consent that may have been
                provided when the individual was a child;
                    ``(B) to promptly delete all personal information
                in the possession of the operator that was collected
                from or about an individual when the individual was a
                child when such deletion is requested by an individual
                over the age of 13 or by the legal guardian of such
                individual acting with the knowledge and consent of the
                individual, notwithstanding any parental consent that
                may have been provided when the individual was a child;
                    ``(C) to provide written confirmation of deletion,
                after the deletion has occurred, to an individual or
                legal guardian of such individual who has requested
                such deletion pursuant to this subsection; and
                    ``(D) to except from deletion personal information
                collected from or about a child--
                            ``(i) only to the extent that the personal
                        information is necessary--
                                    ``(I) to respond to judicial
                                process; or
                                    ``(II) to the extent permitted
                                under any other provision of law, to
                                provide information to law enforcement
                                agencies or for an investigation on a
                                matter related to public safety; and
                            ``(ii) if the operator retain such excepted
                        personal information for only as long as
                        reasonably necessary to fulfill the purpose for
                        which the information has been excepted and
                        that the excepted information not be used,
                        disseminated or maintained in a form
                        retrievable to anyone except for the purposes
                        specified in this subparagraph.''.
    (c) Safe Harbors.--Section 1304 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6503) is amended--
            (1) in subsection (a), by striking ``section 1303(b)'' and
        inserting ``subsections (b) and (e) of section 1303''; and
            (2) in subsection (b)(1), by striking ``subsection (b)''
        and inserting ``subsections (b) and (e)''.
    (d) Actions by States.--Section 1305(a)(1) of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by
striking ``1303(b)'' and inserting ``subsection (b) or (e) of section
1303''.

Summary: Clean Slate for Kids Online Act of 2018 This bill amends the Children's Online Privacy Protection Act of 1998 to require the operator of any website or online service directed to children: to provide notice on the website about how an individual over age 13, or the guardian of an individual over 13, can request the deletion of all personal information in the operator's possession collected when the individual was a child, to promptly delete, upon request, all personalnbsp, information in thenbsp. Operator's possession that was collected from or about the individual when the individual was a child, and tonbsp. Provide written confirmation of deletion. Delete means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business. The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to respond to judicial process or to provide information to law enforcement agencies.

Clean Slate for Kids Online Act of 2018


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Firefighters Pay Fairness Act of
1994''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) improve pay equality between Federal firefighters and
        municipal and other public sector firefighters;
            (2) enhance recruitment and retention of firefighters in
        order to maintain the highest quality Federal fire service; and
            (3) encourage Federal firefighters to pursue career
        advancement and training opportunities.

SEC. 3. BIWEEKLY PAY PERIODS; COMPUTATION OF PAY.

    Section 5504 of title 5, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The pay period for an employee covers 2 administrative
workweeks. For the purpose of this section, the term--
            ``(1) `employee' means--
                    ``(A) an employee in or under an executive agency;
                    ``(B) an employee in or under the judicial branch;
                    ``(C) an employee in or under the Office of the
                Architect of the Capitol, the Botanic Garden, and the
                Library of Congress, for whom a basic administrative
                workweek is established under section 6101(a)(5); and
                    ``(D) an individual employed by the government of
                the District of Columbia;
        but does not include an employee or individual excluded from
        the definition of an employee in section 5541(2) other than an
        employee or individual excluded by section 5541(2)(xvi);
            ``(2) `firefighter' has the same meaning as such term is
        defined under sections 8331 and 8401; and
            ``(3) `firefighting duties' means those duties usually
        performed by a firefighter in responding to or engaging in the
        control and extinguishment of a fire.'';
            (2) in subsection (b) in the first sentence by inserting
        ``(except as provided under subsection (c))'' after ``in the
        case of an employee'';
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (b) the following
        subsection:
    ``(c)(1) For pay computation purposes affecting a firefighter, the
annual rate of basic pay established by or under statute is deemed the
annual basic pay to be used in calculating payment for employment
during 26 administrative biweekly work periods of up to 106 hours each.
When it is necessary for computation of pay under this subsection to
convert an annual rate of basic pay to a basic hourly, daily, or
biweekly rate, the following rules govern:
            ``(A) To derive an hourly rate, divide the annual rate by
        2,087.
            ``(B) To derive a daily rate, multiply the hourly rate by
        the number of hours in the regularly scheduled daily tour of
        duty.
            ``(C) To derive a biweekly rate, multiply the hourly rate
        by the total number of hours not to exceed 106 hours, in the
        regularly scheduled tours of duty during the biweekly period.
Rates are computed to the nearest cent, counting one-half and over as a
whole cent.
    ``(2) Notwithstanding the provisions of paragraph (1), for pay
computation purposes affecting an employee who is not a firefighter but
who performs firefighting duties during a biweekly pay period, the
biweekly pay for that period shall be the greater of pay calculated
under--
            ``(A) subsection (b) of this section and sections 5542(a),
        5545, and 5546, using the employee's annual rate of basic pay;
        or
            ``(B) paragraph (1) and section 5542(d), using the
        employee's annual rate of basic pay.
Rates are computed to the nearest cent, counting one-half and over as a
whole cent.''.

SEC. 4. OVERTIME.

    (a) Application of Fair Labor Standards Act of 1938.--Section
5542(c) of title 5, United States Code, is amended to read as follows:
    ``(c) Subsection (a) shall not apply to an employee who is subject
to the overtime provisions of section 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 207). In the case of a firefighter subject to the
provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29
U.S.C. 207(k)), overtime shall be determined in accordance with the
provisions of subsection (d). In the case of all other employees who
would, were it not for the preceding sentences, be subject to the
provisions of subsection (a), the Office of Personnel Management shall
by regulation prescribe what hours shall be deemed to be hours of work
and what hours of work shall be deemed to be overtime hours for the
purpose of such section 7 so as to ensure than no employee receives
less pay by reason of the preceding sentence.''.
    (b) Application to Firefighters.--Section 5542 of title 5, United
States Code, is amended by adding at the end thereof the following new
subsection:
    ``(d) Firefighters who are subject to the provisions of section
7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)), for
full-time, part-time, and intermittent tours of duty, hours ordered or
approved which in the aggregate exceed 106 hours in a biweekly period,
shall be compensated at one and one-half times the hourly rate of basic
pay of such employee as determined under subsection (b)(2). Payments
calculated under this subsection for hours in excess of 106 in the
regularly scheduled biweekly tour of duty shall be considered to be
part of basic pay for purposes of retirement under chapter 83 or 84, as
applicable, life insurance under chapter 87, and for such other
purposes as may be expressly provided for by law or as the Office of
Personnel Management may by regulation prescribe.''.
    (c) Limitation on Payment of Other Premium Pay.--Section 5545(c) of
title 5, United States Code, is amended by adding a new sentence at the
end thereof to read as follows:
``Paragraphs (1) and (2) of this subsection shall not be applicable to
employees who are subject to the provisions of section 7(k) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 207(k)) and the overtime
calculations provided for under subsection (d).''.

SEC. 5. MINIMUM PAY RATE FOR FIREFIGHTER PROMOTED TO SUPERVISORY
              POSITION.

    (a) In General.--Chapter 53 of title 5, United States Code, is
amended--
            (1) by redesignating section 5385 as section 5386; and
            (2) by inserting after section 5384 the following new
        section:
``Sec. 5385. Minimum pay rate for firefighter promoted to supervisory
              position
    ``(a) For purposes of this section, the term--
            ``(1) `agency' has the meaning as such term is defined
        under section 5102(1);
            ``(2) `employee' has the meaning as such term is defined
        under section 5102(2); and
            ``(3) `firefighter' has the meaning as such term is defined
        under sections 8331 and 8401.
    ``(b)(1) The position to which an employee described under
paragraph (2) is promoted shall be paid at a basic rate of pay equal to
or greater than the annual aggregate rate of pay based on basic pay and
regularly scheduled overtime pay received by such employee in the
calendar year immediately preceding the promotion.
    ``(2) Paragraph (1) applies to an employee who--
            ``(A) is in a position as a firefighter;
            ``(B) is promoted to a supervisory position as a
        firefighter; and
            ``(C) after such promotion, is not subject to the
        provisions of section 7(k) of the Fair Labor Standards Act of
        1938 (29 U.S.C. 207(k)).''.
    (b) Technical and Conforming Amendments.--The table of sections for
chapter 53 of title 5, United States Code, is amended by striking out
the item relating to section 5385 and inserting in lieu thereof the
following:

``5385. Minimum pay rate for firefighter promoted to supervisory
                            position.
``5386. Regulations.''.

SEC. 6. TRAINING.

    Section 4109 of title 5, United States Code, is amended by adding
at the end thereof the following new subsection:
    ``(d) Notwithstanding subsection (a)(1), a firefighter, as defined
under sections 8331 and 8401, who is selected and assigned for training
under this chapter, shall be paid during the period of training at the
rate of basic pay of such employee and overtime which is normally paid
for the regularly scheduled tour of duty of such employee.''.

SEC. 7. TECHNICIAN BONUSES.

    (a) In General.--Chapter 45 of title 5, United States Code, is
amended by adding at the end thereof the following new subchapter:

     ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND
                             CERTIFICATIONS

``Sec. 4531. Definitions
    ``For the purpose of this subchapter, the term--
            ``(1) `firefighter' has the same meaning as such term is
        defined under sections 8331 and 8401; and
            ``(2) `firefighting duties' means those duties usually
        performed by a firefighter in responding to or engaging in the
        control and extinguishment of a fire.
``Sec. 4532. Award authority
    ``(a) An agency may pay a cash award of up to 5 percent of basic
pay, to a firefighter or other employee who performs firefighting
duties, employed in or under such agency who possesses and makes
substantial use of special skills or certifications, including handling
hazardous materials or certification as an emergency medical
technician.
    ``(b) Awards under this section shall be paid under regulations
prescribed by the head of the agency involved or pursuant to
negotiations as the case may be. Such regulations or collective
bargaining provisions shall include--
            ``(1) procedures under which such special skills or
        certifications shall be ascertained;
            ``(2) criteria for determining the amount paid to
        individuals for recognition under this section; and
            ``(3) any other provisions which may be necessary to carry
        out the purposes of this subchapter.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 45 of title 5, United States Code, is amended by adding at the
end thereof the following:

     ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND
                             CERTIFICATIONS

``4531. Definitions.
``4532. Award authority.''.

SEC. 8. EFFECTIVE DATES.

    The provisions of this Act shall become effective as follows:
            (1) Sections 3, 4, and 5 shall be effective beginning with
        the applicable first pay period which begins on or after 60
        days after the date of the enactment of this Act.
            (2) Section 6 shall take effective 60 days after the date
        of the enactment of this Act.
            (3) Section 7 shall take effect on October 1, 1994.

Summary: Firefighters Pay Fairness Act of 1994 - Amends Federal law to extend existing biweekly pay period and pay computation requirements to Federal fire fighters and employees of the judicial branch. Repeals the current exception from such requirements of employees on the Isthmus of Panama in the service of the Panama Canal Commission. States that, for fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Specifies limits on the payment of other premium pay to such fire fighters. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position. And (2) selected and assigned for training. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who possess and make substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician.

Firefighters Pay Fairness Act of 1994