SECTION 1. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS.

    (a) In General.--Section 3111 is amended by adding at the end the
following new subsection:
    ``(d) Special Exemption for Certain Individuals Hired in 2010.--
            ``(1) In general.--Subsection (a) shall not apply to wages
        paid by a qualified employer with respect to employment during
        the period beginning on the day after the date of the enactment
        of this subsection and ending on December 31, 2010, of any
        qualified individual for services performed--
                    ``(A) in a trade or business of such qualified
                employer, or
                    ``(B) in the case of a qualified employer exempt
                from tax under section 501(a), in furtherance of the
                activities related to the purpose or function
                constituting the basis of the employer's exemption
                under section 501.
            ``(2) Qualified employer.--For purposes of this
        subsection--
                    ``(A) In general.--The term `qualified employer'
                means any employer other than the United States, any
                State, or any political subdivision thereof, or any
                instrumentality of the foregoing.
                    ``(B) Treatment of employees of post-secondary
                educational institutions.--Notwithstanding subparagraph
                (A), the term `qualified employer' includes any
                employer which is a public institution of higher
                education (as defined in section 101(b) of the Higher
                Education Act of 1965).
            ``(3) Qualified individual.--For purposes of this
        subsection, the term `qualified individual' means any
        individual who--
                    ``(A) begins employment with a qualified employer
                after February 3, 2010, and before January 1, 2011,
                    ``(B) certifies by signed affidavit, under
                penalties of perjury, that such individual has not been
                employed for more than 40 hours during the 60-day
                period ending on the date such individual begins such
                employment,
                    ``(C) is not employed by the qualified employer to
                replace another employee of such employer unless such
                other employee separated from employment voluntarily or
                for cause, and
                    ``(D) is not an individual described in section
                51(i)(1) (applied by substituting `qualified employer'
                for `taxpayer' each place it appears).
            ``(4) Election.--A qualified employer may elect to have
        this subsection not apply. Such election shall be made in such
        manner as the Secretary may require.''.
    (b) Coordination With Work Opportunity Credit.--Section 51(c) is
amended by adding at the end the following new paragraph:
            ``(5) Coordination with payroll tax forgiveness.--The term
        `wages' shall not include any amount paid or incurred to a
        qualified individual (as defined in section 3111(d)(3)) during
        the 1-year period beginning on the hiring date of such
        individual by a qualified employer (as defined in section
        3111(d)) unless such qualified employer makes an election not
        to have section 3111(d) apply.''.
    (c) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsection (a). Amounts appropriated
by the preceding sentence shall be transferred from the general fund at
such times and in such manner as to replicate to the extent possible
the transfers which would have occurred to such Trust Fund had such
amendments not been enacted.
    (d) Effective Date.--The amendments made by this section shall
apply to wages paid after the date of the enactment of this Act.

SEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED
              INDIVIDUALS IN 2010.

    (a) In General.--In the case of any taxable year ending after the
date of the enactment of this Act, the current year business credit
determined under section 38(b) of the Internal Revenue Code of 1986 for
such taxable year shall be increased by an amount equal to the product
of--
            (1) $1,000, and
            (2) the number of retained workers with respect to which
        subsection (b)(2) is first satisfied during such taxable year.
    (b) Limitation.--The increase determined under subsection (a) with
respect to any retained worker shall not exceed an amount equal to 4
percent of the wages (as defined in section 3401(a) of the Internal
Revenue Code of 1986) with respect to such retained worker for the 52
consecutive week period described in subsection (c)(2).
    (c) Retained Worker.--For purposes of this section, the term
``retained worker'' means any qualified individual (as defined in
section 3111(d)(3) of the Internal Revenue Code of 1986)--
            (1) who was employed by the taxpayer on any date during the
        taxable year,
            (2) who was so employed by the taxpayer for a period of not
        less than 52 consecutive weeks, and
            (3) whose wages for such employment during the last 26
        weeks of such period equaled at least 80 percent of such wages
        for the first 26 weeks of such period.
    (d) Limitation on Carrybacks.--No portion of the unused business
credit under section 38 of the Internal Revenue Code of 1986 for any
taxable year which is attributable to the increase in the current year
business credit under this section may be carried to a taxable year
beginning before the date of the enactment of this section.

Summary: Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers, including public institutions of higher education, from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days. And (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Prohibits any carryback of unused business tax credit amounts. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.

To amend the Internal Revenue Code of 1986 to provide an exemption for employer payroll taxes during 2010 for wages with respect to the employment of new hires and to provide a credit for retaining employees.


SECTION 1. SHORT TITLE.

    This title may be cited as the ``21st Century Media Responsibility
Act of 2001''.

SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA
              PRODUCTS.

    (a) Declaration of Policy.--Section 2 of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1331) is amended--
            (1) by inserting ``(a) Policy Regarding Cigarettes.--''
        before ``It is the policy of the Congress''; and
            (2) by adding at the end the following:
    ``(b) Policy Regarding Violence in Audio and Visual Media
Products.--It is also the policy of Congress, and the purpose of this
Act, to provide for the establishment, use, and enforcement of a
consistent and comprehensive system for labeling violent content in
audio and visual media products (including labeling of such products in
the advertisements for such products), whereby--
            ``(1) the public may be adequately informed of--
                    ``(A) the nature, context, and intensity of
                depictions of violence in audio and visual media
                products; and
                    ``(B) matters needed to judge the appropriateness
                of the purchase, viewing, listening to, use, or other
                consumption of audio and visual media products
                containing violent content by minors of various ages;
                and
            ``(2) the public may be assured of--
                    ``(A) the accuracy and consistency of the system in
                labeling the nature, context, and intensity of
                depictions of violence in audio and visual media
                products; and
                    ``(B) the accuracy and consistency of the system in
                providing information on matters needed to judge the
                appropriateness of the purchase, viewing, listening to,
                use, or other consumption of audio and visual media
                products containing violent content by minors of
                various ages.''.
    (b) Labeling of Audio and Visual Media Products.--That Act is
further amended by inserting after section 4 (15 U.S.C. 1333) the
following new section:

             ``labeling of audio and visual media products

    ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and
producers of interactive video game products and services, video
program products, motion picture products, and sound recording products
may submit to the Federal Trade Commission a joint proposal for a
system for labeling the violent content in interactive video game
products and services, video program products, motion picture products,
and sound recording products.
    ``(2) The proposal under this subsection should, to the maximum
extent practicable, meet the requirements set forth in subsection (b).
    ``(3)(A) The antitrust laws shall not apply to any joint
discussion, consideration, review, action, or agreement between or
among manufacturers and producers referred to in paragraph (1) for
purposes of developing a joint proposal for a system for labeling
referred to in that paragraph.
    ``(B) For purposes of this paragraph, the term `antitrust laws' has
the meaning given such term in the first section of the Clayton Act (15
U.S.C. 12) and includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45).
    ``(b) Requirements for Labeling System.--A system for labeling the
violent content in interactive video game products and services, video
program products, motion picture products, and sound recording products
under this section shall meet the following requirements:
            ``(1) The label of a product or service shall consist of a
        single label which--
                    ``(A) takes into account the nature, context, and
                intensity of the depictions of violence in the product
                or service; and
                    ``(B) assesses the totality of all depictions of
                violence in the product or service.
            ``(2) The label of a product or service shall specify a
        minimum age in years for the purchase, viewing, listening to,
        use, or consumption of the product or service in light of the
        totality of all depictions of violence in the product or
        service.
            ``(3) The format of the label for products and services
        shall--
                    ``(A) incorporate each label provided for under
                paragraphs (1) and (2);
                    ``(B) include a symbol or icon, and written text;
                and
                    ``(C) be identical for each given label provided
                under paragraphs (1) and (2), regardless of the type of
                product or service involved.
            ``(4) In the case of a product or service sold in a box,
        carton, sleeve, or other container, the label shall appear on
        the box, carton, sleeve, or container in a conspicuous manner.
            ``(5) In the case of a product or service that is intended
        to be viewed, the label shall--
                    ``(A) appear before the commencement of the product
                or service;
                    ``(B) appear in both visual and audio form; and
                    ``(C) appear in visual form for at least five
                seconds.
            ``(6) Any advertisement for a product or service shall
        include a label of the product or service in accordance with
        the applicable provisions of this subsection.
    ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the
manufacturers and producers referred to in subsection (a) submit to the
Federal Trade Commission a proposal for a labeling system referred to
in that subsection not later than 180 days after the date of the
enactment of the 21st Century Media Responsibility Act of 2001, the
Commission shall review the labeling system contained in the proposal
to determine whether the labeling system meets the requirements set
forth in subsection (b) in a manner that addresses fully the purposes
set forth in section 2(b).
    ``(B) Not later than 180 days after commencing a review of the
proposal for a labeling system under subparagraph (A), the Commission
shall issue a labeling system for purposes of this section. The
labeling system issued under this subparagraph may include such
modifications of the proposal as the Commission considers appropriate
in order to assure that the labeling system meets the requirements set
forth in subsection (b) in a manner that addresses fully the purposes
set forth in section 2(b).
    ``(2)(A) If the manufacturers and producers referred to in
subsection (a) do not submit to the Commission a proposal for a
labeling system referred to in that subsection within the time provided
under paragraph (1)(A), the Commission shall prescribe regulations to
establish a labeling system for purposes of this section that meets the
requirements set forth in subsection (b).
    ``(B) Any regulations under subparagraph (A) shall be prescribed
not later than one year after the date of the enactment of the 21st
Century Media Responsibility Act of 2001.
    ``(e) Prohibition on Sale or Distribution Without Label.--
Commencing one year after the date of the enactment of the 21st Century
Media Responsibility Act of 2001, a person may not manufacture or
produce for sale or distribution in commerce, package for sale or
distribution in commerce, or sell or distribute in commerce any
interactive video game product or service, video program product,
motion picture product, or sound recording product unless the product
or service bears a label in accordance with the labeling system issued
or prescribed by the Federal Trade Commission under subsection (d)
which--
            ``(1) is appropriate for the nature, context, and intensity
        of the depictions of violence in the product or service; and
            ``(2) specifies an appropriate minimum age in years for
        purchasers and consumers of the product or service.
    ``(f) Prohibition on Sale in Violation of Age Restriction.--
Commencing one year after the date of the enactment of the 21st Century
Media Responsibility Act of 2001, a person may not sell in commerce an
interactive video game product or service, video program product,
motion picture product, or sound recording product to an individual
whose age in years is less than the age specified as the minimum age in
years for a purchaser and consumer of the product or service, as the
case may be, under the labeling system issued or prescribed by the
Federal Trade Commission under subsection (d).
    ``(g) Investigations of Improper Labeling.--The Federal Trade
Commission shall have the authority to receive and investigate
allegations that an interactive video game product or service, video
program product, motion picture product, or sound recording product
does not bear a label under the labeling system issued or prescribed by
the Commission under subsection (d) that is appropriate for the product
or service, as the case may be, given the nature, context, and
intensity of the depictions of violence in the product or service.''.
    (c) Civil Penalty.--That Act is further amended by inserting after
section 10 (15 U.S.C. 1338) the following new section:

                            ``civil penalty

    ``Sec. 10A. (a) In General.--Any person who violates subsection (e)
or (f) of section 4A shall be subject to a civil penalty in an amount
not to exceed $10,000 for each such violation.
    ``(b) Duration of Violation.--In the case of an interactive video
game product or service, video program product, motion picture product,
or sound recording product determined to violate section 4A(e), each
day from the date of the commencement of sale or distribution of the
product or service, as the case may be, to the date of the
determination of the violation shall constitute a separate violation of
subsection (a), and all such violations shall be aggregated together
for purposes of determining the total liability of the manufacturer or
producer of the product or service, as the case may be, for such
violations under that subsection.''.
    (d) Short Title of Act.--The first section of that Act (15 U.S.C.
1331 note) is amended to read as follows: ``That this Act may be cited
as the `Federal Cigarette and Media Violence Labeling and Advertising
Act'''.

Summary: st Century Media Responsibility Act of 2001 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including the appropriateness of such products for minors. Authorizes manufacturers and producers of interactive video game, video program, motion picture, and sound recording products to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling violent content. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing. And (2) the label should appear conspicuously on the product. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from: (1) manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Or (2) selling such product to an individual under the minimum age specified under the labeling system. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.

To provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Answer Africa's Call Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) African poverty and stagnation are the greatest tragedy
        of our time and demand a forceful response by the United
        States.
            (2) The world, especially the United States, is awash with
        wealth on a scale that has never been seen in human history.
            (3) We live in a world where new medicines and medical
        techniques have eradicated many of the diseases and ailments
        that plagued the rich world.
            (4) In Africa, some 4,000,000 children under the age of
        five die each year, two-thirds of them from illnesses that cost
        very little to treat; malaria is the biggest single killer of
        African children, and half of those deaths could be avoided if
        the parents of these children had access to diagnosis and drugs
        that cost little more than $1 per dose.
            (5) We live in a world where scientists can map the human
        genome and have the technology to clone a human being.
            (6) In Africa, we allow more than 250,000 women die each
        year from complications in pregnancy or childbirth.
            (7) We live in a world where the Internet in the blink of
        an eye can transfer more information than any human brain could
        hold.
            (8) In Africa each day, some 40,000,000 children are not
        able to go to school.
            (9) We live in a world which, faced by one of the most
        devastating diseases ever seen, AIDS, has developed the
        antiretroviral drugs to control its advance.
            (10) In Africa, where 25,000,000 people are infected with
        AIDS, antiretroviral drugs are not made generally available; as
        a result, 2,000,000 people will die of AIDS in 2005.
            (11) We live in a world where rich nations spend as much as
        the entire income of all the people in Africa subsidizing the
        unnecessary production of unwanted food, in an amount of almost
        $1,000,000,000 each day.
            (12) In Africa, hunger is a key factor in more deaths than
        those caused by all of the continent's infectious diseases
        combined.
            (13) We live in a world where every cow in Europe receives
        almost $2 each day in government subsidies.
            (14) In Africa the average daily income is approximately
        $1.
            (15) The contrast between the lives led by those who live
        in rich countries and those of poor people in Africa is the
        greatest scandal of our age.
            (16) One in six children in Africa dies before reaching the
        age of 5.
            (17) Two-thirds of all the African children who die under
        the age of 5 could be saved by low-cost treatments such as
        vitamin A, and a tenth of all the diseases suffered by African
        children are caused by intestinal worms that infect 200,000,000
        people and could be treated for just 25 cents per child.
            (18) More than 300,000,000 Africans--42 percent of Africa's
        population--still do not have access to safe water, and 60
        percent do not have access to basic sanitation.
            (19) 62 percent of all people aged 15-24 years who live
        with HIV are found in Africa.
            (20) Africa had 43,000,000 orphans in 2003, of which AIDS
        was responsible for 12,000,000.
            (21) In Zambia, 71 percent of child prostitutes are
        orphans.

SEC. 3. STATEMENT OF POLICY.

    The Congress supports implementing the recommendations of the
Commission for Africa, which call for rich nations to increase foreign
assistance to Africa, provide debt relief, eliminate trade distorting
agricultural subsidies, and remove insidious trade barriers that impede
economic opportunity in sub-Saharan Africa.

SEC. 4. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND
              INTERNATIONAL FINANCE FACILITY.

    (a) Imposition of Tax.--Section 1 of the Internal Revenue Code of
1986 (relating to imposition of tax on individuals) is amended by
adding at the end the following new subsection:
    ``(j) Additional Income Tax.--
            ``(1) In general.--If the adjusted gross income of an
        individual exceeds the threshold amount, the tax imposed by
        this section (determined without regard to this subsection)
        shall be increased by an amount equal to 0.8 percent of so much
        of the adjusted gross income as exceeds the threshold amount.
            ``(2) Threshold amounts.--For purposes of this subsection,
        the term `threshold amount' means--
                    ``(A) $1,000,000 in the case of a joint return, and
                    ``(B) $500,000 in the case of any other return.
            ``(3) Tax not to apply to estates and trusts.--This
        subsection shall not apply to an estate or trust.
            ``(4) Termination.--This subsection shall not apply to
        taxable years beginning after December 31, 2010.''.
    (b) Establishment of United States International Finance Facility
Trust Fund.--
            (1) In general.--Subchapter A of chapter 98 of such Code
        (relating to trust fund code) is amended by adding at the end
        the following:

``SEC. 9511. UNITED STATES INTERNATIONAL FINANCE FACILITY 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 `United States
International Finance Facility Trust Fund' (referred to in this section
as the `Trust Fund'), consisting of such amounts as may be appropriated
or credited to the Trust Fund as provided in this section or section
9602(b).
    ``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the increase in revenues received in
the Treasury as the result of the surtax imposed under section 1(j).
    ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust
Fund shall be available without further appropriation to make
expenditures in connection with United States commitments to the
International Finance Facility.''.
            (2) Conforming amendment.--The table of sections for
        subchapter A of chapter 98 of such Code is amended by adding at
        the end the following:

``Sec. 9511. United States International Finance Facility Trust
                            Fund.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
    (d) Section 15 not to Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.

SEC. 5. MODIFICATIONS TO PREFERENTIAL TRADE TREATMENT FOR PRODUCTS OF
              SUB-SAHARAN AFRICAN COUNTRIES.

    (a) Removal of Agriculture Tariff-Rate Quota Limitation;
Agricultural Safeguard.--Section 503(b) of the Trade Act of 1974 (19
U.S.C. 2463(b)) is amended by striking paragraph (3) and inserting the
following:
            ``(3) Agricultural products.--
                    ``(A) In general.--No quantity of an agricultural
                product subject to a tariff-rate quota that exceeds the
                in-quota amount shall be eligible for duty-free
                treatment under this title, except as provided in
                subparagraph (B).
                    ``(B) Imports from countries designated under
                section 506a.--Subparagraph (A) shall not apply to
                over-quota imports of agricultural products subject to
                a tariff-rate quota that are the growth, product, or
                manufacture of a country designated as a beneficiary
                sub-Saharan African country under section 506A(a)(1).
            ``(4) Safeguard for agricultural products.--
                    ``(A) In general.--The President shall assess a
                duty, in the amount prescribed under subparagraph (B),
                on over-quota imports of any agricultural product
                described in paragraph (3)(B) for which preferential
                treatment is claimed, if the President determines that
                the unit import price of the product when it enters the
                United States, determined on an F.O.B. basis, is less
                than the annual trigger price determined in accordance
                with subparagraph (D).
                    ``(B) Calculation of additional duties.--The amount
                of the additional duty assessed under this subsection
                shall be determined as follows:
                            ``(i) If the difference between the unit
                        import price and the trigger price is less
                        than, or equal to, 10 percent of the trigger
                        price, no additional duty shall be imposed.
                            ``(ii) If the difference between the unit
                        import price and the trigger price is greater
                        than 10 percent, but less than or equal to 40
                        percent, of the trigger price, the additional
                        duty shall be equal to 30 percent of the
                        difference between the preferential tariff rate
                        and the column 1 general rate of duty imposed
                        under the HTS on like articles at the time the
                        additional duty is imposed.
                            ``(iii) If the difference between the unit
                        import price and the trigger price is greater
                        than 40 percent, but less than or equal to 60
                        percent, of the trigger price, the additional
                        duty shall be equal to 50 percent of the
                        difference between the preferential tariff rate
                        and the column 1 general rate of duty imposed
                        under the HTS on like articles at the time the
                        additional duty is imposed.
                            ``(iv) If the difference between the unit
                        import price and the trigger price is greater
                        than 60 percent, but less than or equal to 75
                        percent, of the trigger price, the additional
                        duty shall be equal to 70 percent of the
                        difference between the preferential tariff rate
                        and the column 1 general rate of duty imposed
                        under the HTS on like articles at the time the
                        additional duty is imposed.
                            ``(v) If the difference between the unit
                        import price and the trigger price is greater
                        than 75 percent of the trigger price, the
                        additional duty shall be equal to 100 percent
                        of the difference between the preferential
                        tariff rate and the column 1 general rate of
                        duty imposed under the HTS on like articles at
                        the time the additional duty is imposed.
                    ``(C) Exceptions.--No additional duty under this
                paragraph shall be assessed on an agricultural product
                if, at the time of entry into the customs territory of
                the United States, the product is subject to import
                relief under chapter 1 of title II of the Trade Act of
                1974 (19 U.S.C. 2251 et seq.).
                    ``(D) Calculation of trigger price.--(i) Not later
                than 60 days after the date of the enactment of the
                Answer Africa's Call Act, and annually thereafter, the
                President shall, in consultation with the Secretary of
                Agriculture, establish the annual trigger price for
                each over-quota agricultural product described in
                paragraph (3)(B), and shall publish such prices in the
                Federal Register. The President shall establish the
                trigger price for a product at a level not below the 3-
                year average import price for that product.
                    ``(ii) Not later than 30 days before publishing the
                trigger prices in the Federal Register under clause
                (i), the President shall notify and consult with the
                Committees on Ways and Means and Agriculture of the
                House of Representatives and the Committees on Finance
                and Agriculture of the Senate on the proposed trigger
                prices.
                    ``(E) Notice to country concerned.--Not later than
                60 days after the President first assesses additional
                duties under this paragraph on over-quota imports of
                agricultural products described in paragraph (3)(B),
                the President shall notify the beneficiary sub-Saharan
                African country where the product was grown,
                manufactured, or produced, in writing of such action
                and shall provide to the country data supporting the
                assessment of the additional duties.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) F.O.B.--The term `F.O.B.' means free
                        on board, regardless of the mode of
                        transportation, at the point of direct shipment
                        by the seller to the buyer.
                            ``(ii) HTS.--The term `HTS' means the
                        Harmonized Tariff Schedule of the United
                        States.
                            ``(iii) Unit import price.--The term `unit
                        import price' means the price expressed in
                        dollars per kilogram.''.
    (b) Short Supply Provisions.--Section 112(b)(5) of the African
Growth and Opportunity Act (19 U.S.C. 3721(b)(5)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) In general.--Articles that are both cut (or
                knit-to-shape) and sewn or otherwise assembled in one
                or more beneficiary sub-Saharan African countries--
                            ``(i) from fabric or yarn which need not be
                        originating under General Note 12(t) of the
                        Harmonized Tariff Schedule of the United States
                        for the apparel article to qualify as
                        originating under that Note; or
                            ``(ii) from fabric or yarn which--
                                    ``(I) is the component that
                                determines the classification of the
                                articles under the Harmonized Tariff
                                Schedule of the United States;
                                    ``(II) is not commercially
                                available; and
                                    ``(III) which the President
                                proclaims as eligible for use under
                                this paragraph without regard to where
                                the fabric or yarn is formed pursuant
                                to the procedures set forth in
                                subparagraph (B).''; and
            (2) in subparagraph (B), in the matter preceding clause
        (i), by striking ``not described in subparagraph (A)'' and
        inserting ``and thus eligible for use in the production of cut
        components or knit-to-shape components described in
        subparagraph (A)(ii)''.
    (c) User Developed Beneficiary Sub-Saharan African Countries.--
Section 112(b)(3)(B) of the African Growth and Opportunity Act (19
U.S.C. 3721(b)(3)(B)) is amended--
            (1) in clause (ii)--
                    (A) in subclause (II), by inserting ``and'' after
                the semicolon; and
                    (B) by striking subclauses (III) and (IV) and
                inserting the following:
                                    ``(III) 2.9285 percent for the 1-
                                year period beginning October 2, 2005,
                                and for each 1-year period thereafter
                                through September 30, 2015.'';
            (2) in clause (iii)--
                    (A) in subclause (II), by striking ``and'';
                    (B) in subclause (III), by striking the period and
                inserting ``; and''; and
                    (C) by adding after subclause (III) the following:
                                    ``(IV) Mauritius, except that the
                                applicable percentage with respect to
                                Mauritius shall be 5 percent of the
                                applicable percentage described in
                                clause (ii)(III).''; and
            (3) by striking clause (iv).

Summary: Answer Africa's Call Act - Amends the Internal Revenue Code to impose an additional income tax (surcharge) on adjusted gross incomes exceeding certain threshold levels . Makes such Fund amounts available without further appropriation for expenditures in connection with US commitments to the International Finance Facility. Amends the Trade Act of 1974 to modify the preferential trade treatment for agricultural products of beneficiary sub-Saharan African countries. Removes the limitation on eligibility for duty-free treatment of an agriculture product subject to a tariff-rate quota exceeding the in-quota amount, if the over-quota import is the growth, product, or manufacture of a beneficiary sub-Saharan African country. Requires the President to: (1) assess a duty on such an over-quota product if its unit import price is less than the annual trigger price, (2) establish an annual trigger price for each such product. And (3) notify the beneficiary sub-Saharan African country concerned of such additional duty. Amends the African Growth and Opportunity Act (AGOA) to revise criteria for preferential treatment of apparel articles wholly assembled from fabric or yarn not available in commercial quantities in the United States to make certain yarn or fabrics eligible for use in the production of specified cut or knit-to-shape apparel articles. Modifies AGOA special rules for lesser developed countries with respect to preferential treatment for apparel articles wholly assembled, or knit to shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric or yarn used. Extends through FY 2015 the applicable percentage component of the preferential treatment formula established for FY 2005. Includes Mauritius in such extension, with no change in its current limitation of 5 of such applicable percentage.

To implement measures to help alleviate the poor living conditions in Africa.


SECTION 1. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS.

    (a) In General.--Section 304(a)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2414(a)(2)(A)) is amended by inserting after ``agreement,'' the
following: ``except an investigation initiated pursuant to section
302(b)(2)(A) involving rights under the Agreement on Trade-Related
Aspects of Intellectual Property Rights (defined in section 101(d)(15)
of the Uruguay Round Agreements Act) or the GATT 1994 (referred to in
section 101(d)(1) of such Act) relating to products subject to
intellectual property protection,''.
    (b) Timeframe for TRIPS Agreement Determinations.--Section
304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows:
            ``(A) If an investigation is initiated under this chapter
        by reason of section 302(b)(2) and--
                    ``(i) the Trade Representative considers that
                rights under the Agreement on Trade-Related Aspects of
                Intellectual Property Rights or the GATT 1994 relating
                to products subject to intellectual property protection
                are involved, the Trade Representative shall make the
                determination required under paragraph (1) not later
                than 30 days after the date on which the dispute
                settlement procedure is concluded; or
                    ``(ii) the Trade Representative does not consider
                that a trade agreement, including the Agreement on
                Trade-Related Aspects of Intellectual Property Rights),
                is involved or does not make a determination described
                in subparagraph (B) with respect to such investigation,
                the Trade Representative shall make the determinations
                required under paragraph (1) with respect to such
                investigation by no later than the date that is 6
                months after the date on which such investigation is
                initiated.''.
    (c) Conforming Amendment.--Section 305(a)(2)(B) of the Trade Act of
1974 is amended by striking ``section 304(a)(3)(A)'' and inserting
``section 304(a)(3)(A)(ii)''.

SEC. 2. PETITIONS FOR REVIEW UNDER ATPA AND CBERA.

    (a) ATPA.--Section 203 of the Andean Trade Preference Act (19
U.S.C. 3202) is amended by adding at the end the following new
subsection:
    ``(g) Petitions for Review.--The United States Trade Representative
shall ensure a timely review and disposition of requests received from
an interested party that the President reconsider the status of a
country as a beneficiary country under this Act.''.
    (b) CBI.--Section 212 of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2702) is amended by adding at the end the following new
subsection:
    ``(g) Petitions for Review.--The United States Trade Representative
shall ensure a timely review and disposition of requests received from
an interested party that the President reconsider the status of a
country as a beneficiary country under this Act.''.

SEC. 3. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
              RIGHTS UNDER GSP.

    Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462(c)) is
amended by striking the semicolon at the end of paragraph (5) and
adding the following: ``notwithstanding the fact that the foreign
country may be in compliance with the specific obligations of the
Agreement on Trade-Related Aspects of Intellectual Property Rights
referred to in section 101(d)(15) of the Uruguay Round Agreements
Act;''.

SEC. 4. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
              RIGHTS UNDER CBI.

    (a) In General.--Section 212(c) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(c)) is amended by striking the semicolon
at the end of paragraph (9) and adding the following: ``notwithstanding
the fact that the foreign country may be in compliance with the
specific obligations of the Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in section 101(d)(15) of the
Uruguay Round Agreements Act;''.
    (b) CBTPA Beneficiary Country.--Section 213(b)(5)(B)(ii) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)(ii)) is
amended to read as follows:
                            ``(ii) The extent to which the country
                        provides adequate and effective protection of
                        intellectual property rights notwithstanding
                        the fact that the foreign country may be in
                        compliance with the specific obligations of the
                        Agreement on Trade-Related Aspects of
                        Intellectual Property Rights referred to in
                        section 101(d)(15) of the Uruguay Round
                        Agreements Act;''.

SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
              RIGHTS UNDER THE ATPA.

    (a) In General.--Section 203(d) of the Andean Trade Preference Act
(19 U.S.C. 3202(d)) is amended by striking the semicolon at the end of
paragraph (9) and adding the following: ``notwithstanding the fact that
the foreign country may be in compliance with the specific obligations
of the Agreement on Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) of the Uruguay Round
Agreements Act;''.
    (b) ATPDEA Beneficiary Country.--Section 204(b)(6)(B)(ii) of the
Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)(ii)) is amended to
read as follows:
                            ``(ii) The extent to which the country
                        provides adequate and effective protection of
                        intellectual property rights notwithstanding
                        the fact that the foreign country may be in
                        compliance with the specific obligations of the
                        Agreement on Trade-Related Aspects of
                        Intellectual Property Rights referred to in
                        section 101(d)(15) of the Uruguay Round
                        Agreements Act.''.

Summary: Amends the Trade Act of 1974 to require the US Trade Representative (USTR) to make specified determinations about US rights within 30 days after a dispute settlement procedure is concluded if the USTR considers that US rights are involved under the Agreement on Trade-Related Aspects of Intellectual Property Rights or the GATT 1994 relating to products subject to intellectual property protection. Amends the Andean Trade Preference Act (ATPA) and the Caribbean Basin Economic Recovery Act (CBERA) to require the USTR to ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under such Acts. Amends the Trade Act of 1974, CBERA, and ATPA to revise the requirement that the President, when making a determination to designate a country as a beneficiary developing country entitled to certain trade benefits, to take into account, among other things, the extent to which such country is providing adequate and effective protection of intellectual property rights. Requires the President to make such determination notwithstanding the fact that the country may be in compliance with TRIPS .

A bill to amend the provisions of title III of the Trade Act of 1974 relating to violations of the TRIPS Agreement, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Treatment of Polluted
Stormwater Runoff Act'' or the ``STOPS Runoff Act''.

SEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.

    (a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:

``SEC. 330. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Control measure.--The term `control measure' means a
        program, structural or nonstructural management practice,
        operational procedure, or policy on or off the project site
        that is intended to prevent, reduce, or control highway runoff
        pollution.
            ``(2) Covered project.--The term `covered project' means a
        rehabilitation, reconfiguration, renovation, major resurfacing,
        or construction project carried out under this title that--
                    ``(A) results in a 10-percent or greater increase
                in impervious surface of the aerial extent within the
                right-of-way of the project limit on a Federal-aid
                highway or associated facility; or
                    ``(B) results in an increase of 1 acre or more in
                impervious surface coverage.
            ``(3) Highway runoff pollution.--The term `highway runoff
        pollution' means, in relation to a Federal-aid highway,
        associated facility, or control measure retrofit project, one
        or more of the following:
                    ``(A) A discharge of sediment, metals, chemicals,
                nitrogen and phosphorous, or oil and grease in runoff.
                    ``(B) A discharge of peak flow rate, water
                temperature, or volume of runoff that exceeds
                predevelopment amounts.
            ``(4) Predevelopment hydrology.--The term `predevelopment
        hydrology' means, for project sites covered by this section,
        that--
                    ``(A) the precipitation from all rainfall events
                less than or equal to the 95th percentile rain event
                shall be managed on-site through stormwater management
                practices designed, constructed, and maintained to
                prevent off-site discharge, to the maximum extent
                technically feasible; or
                    ``(B) runoff typical of natural conditions prior to
                anthropogenic disturbance, as determined by site-
                specific conditions, local meteorology, and continuous
                simulation modeling techniques, are preserved through
                stormwater management practices that are designed,
                constructed, and maintained to manage the volume, rate,
                and temperature of stormwater runoff following
                construction.
            ``(5) Watershed-based environmental management approach.--
        The term `watershed-based environmental management approach'
        means an approach under which--
                    ``(A) the selection of solutions that prevent or
                minimize the environmental impact of an individual
                project is made within the broader context of the
                environmental protection and restoration goals of any
                watershed that drains the project site, rather than
                selecting solutions solely based on site level
                considerations; and
                    ``(B) priority consideration is given to--
                            ``(i) protection of drinking water
                        supplies;
                            ``(ii) protection and restoration of
                        waterways listed by a State as impaired in
                        accordance with section 303(d) of the Federal
                        Water Pollution Control Act (33 U.S.C.
                        1313(d));
                            ``(iii) preservation of aquatic ecosystems
                        and fisheries; and
                            ``(iv) cost-effective expenditure of
                        Federal funds.
    ``(b) Establishment.--The Secretary, with the concurrence of the
Administrator of the Environmental Protection Agency, shall establish a
Federal-aid highway runoff pollution avoidance and management program
to ensure that covered projects are sited, constructed, and maintained
in accordance with design standards intended to protect surface and
ground water quality and ensure the long-term management of stormwater
originating from Federal-aid highways.
    ``(c) Project Approval.--The Secretary may approve a covered
project of a State under section 106 only if the State provides
assurances satisfactory to the Secretary that the State will site,
design, and construct the covered project in accordance with the design
standards described in subsection (d).
    ``(d) Design Standards.--
            ``(1) In general.--The post-construction condition of a
        covered project shall maintain or restore, to the maximum
        extent technically feasible, the predevelopment hydrology of
        the project site with regard to the temperature, rate, chemical
        composition, volume, and duration of flow.
            ``(2) Covered projects in impaired watersheds.--Any covered
        project carried out within a watershed that contains an
        impaired water listed under section 303(d) of the Federal Water
        Pollution Control Act (33 U.S.C. 1313(d)) shall be in
        accordance with--
                    ``(A) the load or wasteload allocation requirements
                established by the Administrator of the Environmental
                Protection Agency or the State; and
                    ``(B) the requirements relating to predevelopment
                hydrology under paragraph (1).
            ``(3) Additional prioritized requirements.--In addition to
        the requirements described in paragraphs (1) and (2), a covered
        project shall, in the following order of priority--
                    ``(A) reduce the creation of highway runoff
                pollution from the covered project by--
                            ``(i) avoiding or minimizing the alteration
                        of natural features and hydrology; and
                            ``(ii) maximizing the use of pollution
                        source control measures that use existing
                        terrain and natural features, including natural
                        drainage ways, soils, and vegetation, to reduce
                        creation of pollution from the covered project;
                    ``(B) maximize the capture of highway runoff
                pollution created by the covered project through
                control measures, including environmental site design
                techniques and other control measures that promote
                evapotranspiration, infiltration, reuse, and retention;
                and
                    ``(C) for highway runoff pollution remaining after
                the application of the onsite measures in subparagraphs
                (A) and (B), use a watershed-based environmental
                management or equivalent approach to avoid adverse
                water quality effects from the covered project
                through--
                            ``(i) capture and treatment of highway
                        runoff pollution with appropriate control
                        measures on the site;
                            ``(ii) discharge of highway runoff
                        pollution directly to an off-site control
                        measure under the control of the State with
                        documented capacity to provide functionally and
                        quantitatively equivalent management of runoff
                        pollution to that required to achieve the
                        minimum standards of this subsection for the
                        design life of the project; and
                            ``(iii) if the control measures described
                        in clauses (i) and (ii) are found to be
                        technically infeasible based on site conditions
                        or other appropriate factors, and an
                        appropriate off-site runoff pollution
                        mitigation program exists, contribution to a
                        mitigation program that would produce
                        functionally and quantitatively equivalent or
                        greater control and management of runoff
                        pollution to that required by this subsection.
            ``(4) Off-site control measures.--Of the control measures
        described in paragraph (3)(C)(iii), the Secretary shall give
        priority to off-site control measures that address the impacts
        of runoff pollution to waterways that are--
                    ``(A) listed as impaired in accordance with section
                303(d) of the Federal Water Pollution Control Act (33
                U.S.C. 1313(d)); and
                    ``(B) located in--
                            ``(i) the same 8-digit Hydrologic Unit Code
                        as the covered project; or
                            ``(ii) the lowest Hydrologic Unit Code that
                        is the most protective of the waters receiving
                        the discharge.
    ``(e) Guidance.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this section, the Secretary, with the
        concurrence of the Administrator of the Environmental
        Protection Agency, shall publish guidance to assist States in
        complying with this section.
            ``(2) Contents of guidance.--The guidance shall include
        guidelines for the establishment of State processes and
        programs that will be used to assist in avoiding, minimizing,
        and managing highway runoff pollution from covered projects in
        accordance with the design standards described in subsection
        (d), including guidelines--
                    ``(A) to help States integrate the planning,
                selection, design, and long-term operation and
                maintenance of control measures consistent with the
                design standards in the overall project planning
                process;
                    ``(B) for a watershed-based environmental
                management approach to assist projects in achieving
                consistency with the design standards;
                    ``(C) for the development and use of off-site
                runoff pollution mitigation programs to achieve
                compliance with the design standards; and
                    ``(D) for State inspection and reporting to
                document State compliance and project consistency with
                this section.
            ``(3) Updating standards.--Not later than 5 years after the
        date of publication of the guidance, and every 5 years
        thereafter, the Secretary, with concurrence of the
        Administrator of the Environmental Protection Agency, shall
        update, as applicable, the guidance described in this
        subsection.
    ``(f) Limitation on Statutory Construction.--Nothing in this
section affects the applicability of any provision of Federal, State,
or local law that is more stringent than the requirements of this
section.
    ``(g) Reporting.--
            ``(1) In general.--Except as provided in paragraph (2)(A),
        the Secretary shall require each State to submit to the
        Secretary an annual report that describes the highway runoff
        pollution reductions achieved for covered projects carried out
        by the State after the date of enactment of this section.
            ``(2) Reporting requirements under permit.--
                    ``(A) In general.--A State shall not be required to
                submit an annual report described in paragraph (1) if
                the State--
                            ``(i) is operating Federal-aid highways in
                        the State in a post-construction condition in
                        accordance with a permit issued under the
                        Federal Water Pollution Control Act (33 U.S.C.
                        1251 et seq.);
                            ``(ii) is subject to an annual reporting
                        requirement under such a permit (regardless of
                        whether the permitting authority is a Federal
                        or State agency); and
                            ``(iii) carries out a covered project with
                        respect to a Federal-aid highway in the State
                        described in clause (i).
                    ``(B) Transmission of report.--A Federal or State
                permitting authority that receives an annual report
                described in subparagraph (A)(ii) shall, upon receipt
                of such a report, transmit a copy of the report to the
                Secretary.''.
    (b) Effective Date.--This Act and the amendments made by this Act
apply to covered projects (as defined in section 330(a)(2) of title 23,
United States Code) (as added by subsection (a)), the construction of
which commences on or after the date that is 1 year after the date of
enactment of this Act.
    (c) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:

``330. Federal-aid highway runoff pollution management program.''.

Summary: Safe Treatment of Polluted Stormwater Runoff Act or STOPS Runoff Act - Directs the Secretary of Transportation (DOT), with the concurrence of the Administrator of the Environmental Protection Agency (EPA), to establish a federal-aid highway runoff pollution avoidance and management program to ensure that covered federal-aid highway projects are sited, constructed, and maintained in accordance with certain design standards to control and treat polluted stormwater runoff from federal-aid highways. Authorizes the Secretary to approve state covered highway projects receiving federal funding only if the state provides assurances that it will site, design, and construct the project in accordance with such standards.

A bill to amend title 23, United States Code, to direct the Secretary to establish a comprehensive design standard program to prevent, control, and treat pollulted stormwater runoff from federally funded highways and roads, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Generic Drug Pricing Fairness Act''.

SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1860D-12(b) of the Social Security Act (42
U.S.C. 1395w-112(b)) is amended by adding at the end the following new
paragraph:
            ``(7) Pharmacy benefits manager transparency
        requirements.--Each contract entered into with a PDP sponsor
        under this part with respect to a prescription drug plan
        offered by such sponsor shall provide that the PDP may not
        enter into a contract with any pharmacy benefits manager
        (referred to in this paragraph as a `PBM') to manage the
        prescription drug coverage provided under such plan, or to
        control the costs of the prescription drug coverage under such
        plan, unless the PBM adheres to the following criteria when
        handling personally identifiable utilization and claims data or
        other sensitive patient data:
                    ``(A) The PBM may not transmit any personally
                identifiable utilization or claims data, with respect
                to a plan enrollee, to a pharmacy owned by a PBM if the
                plan enrollee has not voluntarily elected in writing or
                via secure electronic means to fill that particular
                prescription at the PBM-owned pharmacy.
                    ``(B) The PBM may not require that a plan enrollee
                use a retail pharmacy, mail order pharmacy, specialty
                pharmacy, or other pharmacy entity providing pharmacy
                services in which the PBM has an ownership interest or
                that has an ownership interest in the PBM or provide an
                incentive to a plan enrollee to encourage the enrollee
                to use a retail pharmacy, mail order pharmacy,
                specialty pharmacy, or other pharmacy entity providing
                pharmacy services in which the PBM has an ownership
                interest or that has an ownership interest in the PBM,
                if the incentive is applicable only to such
                pharmacies.''.
    (b) Regular Update of Prescription Drug Pricing Standard.--
Paragraph (6) of section 1860D-12(b) of the Social Security Act (42
U.S.C. 1395w-112(b)) is amended to read as follows:
            ``(6) Regular update of prescription drug pricing
        standard.--
                    ``(A) In general.--If the PDP sponsor of a
                prescription drug plan uses a standard for
                reimbursement (as described in subparagraph (B)) of
                pharmacies based on the cost of a drug, each contract
                entered into with such sponsor under this part with
                respect to the plan shall provide that the sponsor
                shall--
                            ``(i) update such standard not less
                        frequently than once every 7 days, beginning
                        with an initial update on January 1 of each
                        year, to accurately reflect the market price of
                        acquiring the drug;
                            ``(ii) disclose to applicable pharmacies
                        the sources used for making any such update;
                            ``(iii) if the source for such a standard
                        for reimbursement is not publicly available,
                        disclose to the applicable pharmacies all
                        individual drug prices to be so updated in
                        advance of the use of such prices for the
                        reimbursement of claims; and
                            ``(iv) establish a process to appeal,
                        investigate, and resolve disputes regarding
                        individual drug prices that are less than the
                        pharmacy acquisition price for such drug.
                    ``(B) Prescription drug pricing standard defined.--
                For purposes of subparagraph (A), a standard for
                reimbursement of a pharmacy is any methodology or
                formula for varying the pricing of a drug or drugs
                during the term of the pharmacy reimbursement contract
                that is based on the cost of the drug involved,
                including drug pricing references and amounts that are
                based upon average wholesale price, wholesale average
                cost, average manufacturer price, average sales price,
                maximum allowable cost (MAC), or other costs, whether
                publicly available or not.''.
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2015.

SEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER
              TRICARE RETAIL PHARMACY PROGRAM.

    Section 1074g(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
    ``(3) To the extent practicable, with respect to the TRICARE retail
pharmacy program described in subsection (a)(2)(E)(ii), the Secretary
shall ensure that a contract entered into with a TRICARE managed care
support contractor includes requirements described in section 1860D-
12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to
ensure the provision of information regarding the pricing standard for
prescription drugs.''.

SEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEE HEALTH
              BENEFITS PROGRAM.

    (a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsections:
    ``(p) A contract may not be made or a plan approved under this
chapter under which a carrier has an agreement with a pharmacy benefits
manager (in this subsection referred to as a `PBM') to manage
prescription drug coverage or to control the costs of the prescription
drug coverage unless the carrier and PBM adhere to the following
criteria:
            ``(1) The PBM may not transmit any personally identifiable
        utilization or claims data with respect to an individual
        enrolled under such contract or plan to a pharmacy owned by the
        PBM if the individual has not voluntarily elected in writing or
        via secure electronic means to fill that particular
        prescription at such a pharmacy.
            ``(2) The PBM may not require that an individual enrolled
        under such contract or plan use a retail pharmacy, mail order
        pharmacy, specialty pharmacy, or other pharmacy entity
        providing pharmacy services in which the PBM has an ownership
        interest or that has an ownership interest in the PBM or
        provide an incentive to a plan enrollee to encourage the
        enrollee to use a retail pharmacy, mail order pharmacy,
        specialty pharmacy, or other pharmacy entity providing pharmacy
        services in which the PBM has an ownership interest or that has
        an ownership interest in the PBM, if the incentive is
        applicable only to such pharmacies.
    ``(q)(1) If a contract made or plan approved under this chapter
provides for a standard for reimbursement (as described in paragraph
(2)) with respect to a prescription drug plan, such contract or plan
shall provide that the applicable carrier--
            ``(A) update such standard not less frequently than once
        every 7 days, beginning with an initial update on January 1 of
        each year, to accurately reflect the market price of acquiring
        the drug;
            ``(B) disclose to applicable pharmacies the sources used
        for making any such update;
            ``(C) if the source for such a standard for reimbursement
        is not publicly available, disclose to the applicable
        pharmacies all individual drug prices to be so updated in
        advance of the use of such prices for the reimbursement of
        claims; and
            ``(D) establish a process to appeal, investigate, and
        resolve disputes regarding individual drug prices that are less
        than the pharmacy acquisition price for such drug.
    ``(2) For purposes of paragraph (1), a standard for reimbursement
of a pharmacy is any methodology or formula for varying the pricing of
a drug or drugs during the term of the pharmacy reimbursement contract
that is based on the cost of the drug involved, including drug pricing
references and amounts that are based upon average wholesale price,
wholesale average cost, average manufacturer price, average sales
price, maximum allowable cost, or other costs, whether publicly
available or not.''.
    (b) Application.--The amendment made by subsection (a) shall apply
to any contract entered into under section 8902 of title 5, United
States Code, on or after the date of enactment of this section.

Summary: Generic Drug Pricing Fairness Act - Amends part D of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor with respect to a PDP the sponsor offers to prohibit the PDP from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under it, unless the PBM adheres to specified criteria when handling personally identifiable utilization and claims data or other sensitive patient data. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor disclose to applicable pharmacies the sources used for making any update of the prescription drug pricing standard, and if the source for such a standard is not publicly available, disclose to such pharmacies all individual drug prices to be so updated in advance of their use for the reimbursement of claims. Requires the PDP sponsor, as well, to establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for a drug. Directs the Secretary of Defense (DOD), with respect to the TRICARE retail pharmacy program, to ensure that a contract entered into with a TRICARE managed care support contractor includes requirements to ensure the provision of information regarding the pricing standard for prescription drugs. Establishes criteria to which a carrier and a PBM must adhere under a contract or an approved plan under which the carrier has an agreement with the PBM to manage prescription drug coverage or to control the costs of such coverage. Prohibits a PBM under such criteria from: (1) transmitting to a pharmacy owned by the PBM any personally identifiable utilization or claims data relating to an enrolled individual who has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy. Or (2) requiring any enrolled individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity in which the PBM has an ownership interest, or that has an ownership interest in the PBM, or give an incentive to encourage an enrollee to use the pharmacy if the incentive applies only to those pharmacies. Requires any contract or approved plan providing for a reimbursement standard with respect to a PDP to require the carrier to: (1) update the standard at least once every seven days to reflect the market price of a drug accurately. (2) disclose to pharmacies the sources used for making any such update. (3) make advance disclosure to those pharmacies of all individual drug prices to be updated if the source for a standard is not publicly available. And (4) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices less than the pharmacy acquisition price.

Generic Drug Pricing Fairness Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shawnee Tribe Status Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Cherokee Shawnees, also known as the Loyal
        Shawnees, are recognized as the descendants of the Shawnee
        Tribe which was incorporated into the Cherokee Nation of
        Indians of Oklahoma pursuant to an agreement entered into by
        and between the Shawnee Tribe and the Cherokee Nation on June
        7, 1869, and approved by the President on June 9, 1869, in
        accordance with Article XV of the July 19, 1866, Treaty between
        the United States and the Cherokee Nation (14 Stat. 799).
            (2) The Shawnee Tribe from and after its incorporation and
        its merger with the Cherokee Nation has continued to maintain
        the Shawnee Tribe's separate culture, language, religion, and
        organization, and a separate membership roll.
            (3) The Shawnee Tribe and the Cherokee Nation have
        concluded that it is in the best interests of the Shawnee Tribe
        and the Cherokee Nation that the Shawnee Tribe be restored to
        its position as a separate federally recognized Indian tribe
        and all current and historical responsibilities, jurisdiction,
        and sovereignty as it relates to the Shawnee Tribe, the
        Cherokee-Shawnee people, and their properties everywhere,
        provided that civil and criminal jurisdiction over Shawnee
        individually owned restricted and trust lands, Shawnee tribal
        trust lands, dependent Indian communities, and all other forms
        of Indian country within the jurisdictional territory of the
        Cherokee Nation and located within the State of Oklahoma shall
        remain with the Cherokee Nation, unless consent is obtained by
        the Shawnee Tribe from the Cherokee Nation to assume all or any
        portion of such jurisdiction.
            (4) On August 12, 1996, the Tribal Council of the Cherokee
        Nation unanimously adopted Resolution 96-09 supporting the
        termination by the Secretary of the Interior of the 1869
        Agreement.
            (5) On July 23, 1996, the Shawnee Tribal Business Committee
        concurred in such resolution.
            (6) On March 13, 2000, a second resolution was adopted by
        the Tribal Council of the Cherokee Nation (Resolution 15-00)
        supporting the submission of this legislation to Congress for
        enactment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Cherokee nation.--The term ``Cherokee Nation'' means
        the Cherokee Nation, with its headquarters located in
        Tahlequah, Oklahoma.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Shawnee Tribe,
        known also as the ``Loyal Shawnee'' or ``Cherokee Shawnee'',
        which was a party to the 1869 Agreement between the Cherokee
        Nation and the Shawnee Tribe of Indians.
            (4) Trust land.--The term ``trust land'' means land, the
        title to which is held by the United States in trust for the
        benefit of an Indian tribe or individual.
            (5) Restricted land.--The term ``restricted land'' means
        any land, the title to which is held in the name of an Indian
        or Indian tribe subject to restrictions by the United States
        against alienation.

SEC. 4. FEDERAL RECOGNITION, TRUST RELATIONSHIP, AND PROGRAM
              ELIGIBILITY.

    (a) Federal Recognition.--The Federal recognition of the Tribe and
the trust relationship between the United States and the Tribe are
hereby reaffirmed. Except as otherwise provided in this Act, the Act of
June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly known as
the ``Oklahoma Indian Welfare Act''), and all laws and rules of law of
the United States of general application to Indians, Indian tribes, or
Indian reservations which are not inconsistent with this Act shall
apply to the Tribe, and to its members and lands. The Tribe is hereby
recognized as an independent tribal entity, separate from the Cherokee
Nation or any other Indian tribe.
    (b) Program Eligibility.--
            (1) In general.--Subject to the provisions of this
        subsection, the Tribe and its members are eligible for all
        special programs and services provided by the United States to
        Indians because of their status as Indians.
            (2) Continuation of benefits.--Except as provided in
        paragraph (3), the members of the Tribe who are residing on
        land recognized by the Secretary to be within the Cherokee
        Nation and eligible for Federal program services or benefits
        through the Cherokee Nation shall receive such services or
        benefits through the Cherokee Nation.
            (3) Administration by tribe.--The Tribe shall be eligible
        to apply for and administer the special programs and services
        provided by the United States to Indians because of their
        status as Indians, including such programs and services within
        land recognized by the Secretary to be within the Cherokee
        Nation, in accordance with applicable laws and regulations to
        the same extent that the Cherokee Nation is eligible to apply
        for and administer programs and services, but only--
                    (A) if the Cherokee Nation consents to the
                operation by the Tribe of federally funded programs and
                services;
                    (B) if the benefits of such programs or services
                are to be provided to members of the Tribe in areas
                recognized by the Secretary to be under the
                jurisdiction of the Tribe and outside of land
                recognized by the Secretary to be within the Cherokee
                Nation, provided that those members are not receiving
                such programs or services from another Indian tribe; or
                    (C) if under applicable provisions of Federal law,
                the Cherokee Nation is not eligible to apply for and
                administer such programs or services.
            (4) Duplication of services not allowed.--The Tribe shall
        not be eligible to apply for or administer any Federal programs
        or services on behalf of Indian recipients if such recipients
        are receiving or are eligible to receive the same federally
        funded programs or services from the Cherokee Nation.
            (5) Cooperative agreements.--Nothing in this section shall
        restrict the Tribe and the Cherokee Nation from entering into
        cooperative agreements to provide such programs or services and
        such funding agreements shall be honored by Federal agencies,
        unless otherwise prohibited by law.

SEC. 5. ESTABLISHMENT OF A TRIBAL ROLL.

    (a) Approval of Base Roll.--Not later than 180 days after the date
of enactment of this Act, the Tribe shall submit to the Secretary for
approval its base membership roll, which shall include only individuals
who are not members of any other federally recognized Indian tribe or
who have relinquished membership in such tribe and are eligible for
membership under subsection (b).
    (b) Base Roll Eligibility.--An individual is eligible for
enrollment on the base membership roll of the Tribe if that
individual--
            (1) is on, or eligible to be on, the membership roll of
        Cherokee Shawnees maintained by the Tribe prior to the date of
        enactment of this Act which is separate from the membership
        roll of the Cherokee Nation; or
            (2) is a lineal descendant of any person--
                    (A) who was issued a restricted fee patent to land
                pursuant to Article 2 of the Treaty of May 10, 1854,
                between the United States and the Tribe (10 Stat.
                1053); or
                    (B) whose name was included on the 1871 Register of
                names of those members of the Tribe who moved to, and
                located in, the Cherokee Nation in Indian Territory
                pursuant to the Agreement entered into by and between
                the Tribe and the Cherokee Nation on June 7, 1869.
    (c) Future Membership.--Future membership in the Tribe shall be as
determined under the eligibility requirements set out in subsection
(b)(2) or under such future membership ordinance as the Tribe may
adopt.

SEC. 6. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION.

    (a) Existing Constitution and Governing Body.--The existing
constitution and bylaws of the Cherokee Shawnee and the officers and
members of the Shawnee Tribal Business Committee, as constituted on the
date of enactment of this Act, are hereby recognized respectively as
the governing documents and governing body of the Tribe.
    (b) Constitution.--Notwithstanding subsection (a), the Tribe shall
have a right to reorganize its tribal government pursuant to section 3
of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).

SEC. 7. TRIBAL LAND.

    (a) Land Acquisition.--
            (1) In general.--The Tribe shall be eligible to have land
        acquired in trust for its benefit pursuant to section 5 of the
        Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section
        1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501).
            (2) Certain land in oklahoma.--Notwithstanding any other
        provision of law but subject to subsection (b), if the Tribe
        transfers any land within the boundaries of the State of
        Oklahoma to the Secretary, the Secretary shall take such land
        into trust for the benefit of the Tribe.
    (b) Restriction.--No land recognized by the Secretary to be within
the Cherokee Nation or any other Indian tribe may be taken into trust
for the benefit of the Tribe under this section without the consent of
the Cherokee Nation or such other tribe, respectively.

SEC. 8. JURISDICTION.

    (a) In General.--The Tribe shall have jurisdiction over trust land
and restricted land of the Tribe and its members to the same extent
that the Cherokee Nation has jurisdiction over land recognized by the
Secretary to be within the Cherokee Nation and its members, but only if
such land--
            (1) is not recognized by the Secretary to be within the
        jurisdiction of another federally recognized tribe; or
            (2) has been placed in trust or restricted status with the
        consent of the federally recognized tribe within whose
        jurisdiction the Secretary recognizes the land to be, and only
        to the extent that the Tribe's jurisdiction has been agreed to
        by that host tribe.
    (b) Rule of Construction.--Nothing in this Act shall be construed
to diminish or otherwise limit the jurisdiction of any Indian tribe
that is federally recognized on the day before the date of enactment of
this Act over trust land, restricted land, or other forms of Indian
country of that Indian tribe on such date.

SEC. 9. INDIVIDUAL INDIAN LAND.

    Nothing in this Act shall be construed to affect the restrictions
against alienation of any individual Indian's land and those
restrictions shall continue in force and effect.

SEC. 10. TREATIES NOT AFFECTED.

    No provision of this Act shall be construed to constitute an
amendment, modification, or interpretation of any treaty to which a
tribe mentioned in this Act is a party nor to any right secured to such
a tribe or to any other tribe by any treaty.

Summary: Makes the Tribe and its members eligible for all special programs and services provided by the United States to Indians. Requires the Tribe to submit its base membership roll to the Secretary of the Interior for approval. Recognizes the Tribe's constitution and bylaws and governing body. Makes the Tribe eligible to have land acquired in trust for its benefit. Grants the Tribe jurisdiction over its and its members' trust and restricted land.

Shawnee Tribe Status Act of 2000