SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Securities and Exchange Commission Reserve Fund.
                       TITLE I--TRID IMPROVEMENT

Sec. 101. Amendments to mortgage disclosure requirements.
                  TITLE II--PROTECTION OF SOURCE CODE

Sec. 201. Procedure for obtaining certain intellectual property.
                    TITLE III--FOSTERING INNOVATION

Sec. 301. Temporary exemption for low-revenue issuers.
        TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY

Sec. 401. Nationally traded securities exemption.
       TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS

Sec. 501. Eliminating barriers to jobs for loan originators.
Sec. 502. Amendment to civil liability of the Bureau and other
                            officials.
Sec. 503. Effective date.

SEC. 2. SECURITIES AND EXCHANGE COMMISSION RESERVE FUND.

    Notwithstanding section 4(i)(2)(B)(i) of the Securities Exchange
Act of 1934 (15 U.S.C. 78d(i)(2)(B)(i)), the amount deposited in the
Securities and Exchange Commission Reserve Fund for fiscal year 2018
may not exceed $48,000,000.

                       TITLE I--TRID IMPROVEMENT

SEC. 101. AMENDMENTS TO MORTGAGE DISCLOSURE REQUIREMENTS.

    Section 4(a) of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2603(a)) is amended--
            (1) by striking ``itemize all charges'' and inserting
        ``itemize all actual charges'';
            (2) by striking ``and all charges imposed upon the seller
        in connection with the settlement and'' and inserting ``and the
        seller in connection with the settlement. Such forms''; and
            (3) by inserting after ``or both.'' the following new
        sentence: ``Charges for any title insurance premium disclosed
        on such forms shall be equal to the amount charged for each
        individual title insurance policy, subject to any discounts as
        required by State regulation or the title company rate
        filings.''.

                  TITLE II--PROTECTION OF SOURCE CODE

SEC. 201. PROCEDURE FOR OBTAINING CERTAIN INTELLECTUAL PROPERTY.

    (a) Persons Under Securities Act of 1933.--Section 8 of the
Securities Act of 1933 (15 U.S.C. 77h) is amended by adding at the end
the following:
    ``(g) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title a person to
produce or furnish algorithmic trading source code or similar
intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''.
    (b) Persons Under the Securities Exchange Act of 1934.--Section 23
of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by
adding at the end the following:
    ``(e) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title a person to
produce or furnish algorithmic trading source code or similar
intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''.
    (c) Investment Companies.--Section 31 of the Investment Company Act
of 1940 (15 U.S.C. 80a-30) is amended by adding at the end the
following:
    ``(e) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title an investment
company to produce or furnish algorithmic trading source code or
similar intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''.
    (d) Investment Advisers.--Section 204 of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-4) is amended--
            (1) by adding at the end the following:
    ``(f) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title an investment
adviser to produce or furnish algorithmic trading source code or
similar intellectual property that forms the basis for design of the
algorithmic trading source code, to the Commission unless the
Commission first issues a subpoena.''; and
            (2) in the second subsection (d), by striking ``(d)'' and
        inserting ``(e)''.

                    TITLE III--FOSTERING INNOVATION

SEC. 301. TEMPORARY EXEMPTION FOR LOW-REVENUE ISSUERS.

    Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following:
    ``(d) Temporary Exemption for Low-Revenue Issuers.--
            ``(1) Low-revenue exemption.--Subsection (b) shall not
        apply with respect to an audit report prepared for an issuer
        that--
                    ``(A) ceased to be an emerging growth company on
                the last day of the fiscal year of the issuer following
                the fifth anniversary of the date of the first sale of
                common equity securities of the issuer pursuant to an
                effective registration statement under the Securities
                Act of 1933;
                    ``(B) had average annual gross revenues of less
                than $50,000,000 as of its most recently completed
                fiscal year; and
                    ``(C) is not a large accelerated filer.
            ``(2) Expiration of temporary exemption.--An issuer ceases
        to be eligible for the exemption described under paragraph (1)
        at the earliest of--
                    ``(A) the last day of the fiscal year of the issuer
                following the tenth anniversary of the date of the
                first sale of common equity securities of the issuer
                pursuant to an effective registration statement under
                the Securities Act of 1933;
                    ``(B) the last day of the fiscal year of the issuer
                during which the average annual gross revenues of the
                issuer exceed $50,000,000; or
                    ``(C) the date on which the issuer becomes a large
                accelerated filer.
            ``(3) Definitions.--For purposes of this subsection:
                    ``(A) Average annual gross revenues.--The term
                `average annual gross revenues' means the total gross
                revenues of an issuer over its most recently completed
                three fiscal years divided by three.
                    ``(B) Emerging growth company.--The term `emerging
                growth company' has the meaning given such term under
                section 3 of the Securities Exchange Act of 1934 (15
                U.S.C. 78c).
                    ``(C) Large accelerated filer.--The term `large
                accelerated filer' has the meaning given that term
                under section 240.12b-2 of title 17, Code of Federal
                Regulations, or any successor thereto.''.

        TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY

SEC. 401. NATIONALLY TRADED SECURITIES EXEMPTION.

    Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C.
77r(b)(1)) is amended--
            (1) by striking subparagraph (A);
            (2) in subparagraph (B)--
                    (A) by inserting ``a security designated as
                qualified for trading in the national market system
                pursuant to section 11A(a)(2) of the Securities
                Exchange Act of 1934 that is'' before ``listed''; and
                    (B) by striking ``that has listing standards that
                the Commission determines by rule (on its own
                initiative or on the basis of a petition) are
                substantially similar to the listing standards
                applicable to securities described in subparagraph
                (A)'';
            (3) in subparagraph (C), by striking ``or (B)''; and
            (4) by redesignating subparagraphs (B) and (C) as
        subparagraphs (A) and (B), respectively.

       TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS

SEC. 501. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.

    (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5101 et seq.) is amended by adding at the end the following:

``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.

    ``(a) Temporary Authority To Originate Loans for Loan Originators
Moving From a Depository Institution to a Non-Depository Institution.--
            ``(1) In general.--Upon employment by a State-licensed
        mortgage company, an individual who is a registered loan
        originator shall be deemed to have temporary authority to act
        as a loan originator in an application State for the period
        described in paragraph (2) if the individual--
                    ``(A) has not had an application for a loan
                originator license denied, or had such a license
                revoked or suspended in any governmental jurisdiction;
                    ``(B) has not been subject to or served with a
                cease and desist order in any governmental jurisdiction
                or as described in section 1514(c);
                    ``(C) has not been convicted of a felony that would
                preclude licensure under the law of the application
                State;
                    ``(D) has submitted an application to be a State-
                licensed loan originator in the application State; and
                    ``(E) was registered in the Nationwide Mortgage
                Licensing System and Registry as a loan originator
                during the 12-month period preceding the date of
                submission of the information required under section
                1505(a).
            ``(2) Period.--The period described in paragraph (1) shall
        begin on the date that the individual submits the information
        required under section 1505(a) and shall end on the earliest
        of--
                    ``(A) the date that the individual withdraws the
                application to be a State-licensed loan originator in
                the application State;
                    ``(B) the date that the application State denies,
                or issues a notice of intent to deny, the application;
                    ``(C) the date that the application State grants a
                State license; or
                    ``(D) the date that is 120 days after the date on
                which the individual submits the application, if the
                application is listed on the Nationwide Mortgage
                Licensing System and Registry as incomplete.
    ``(b) Temporary Authority To Originate Loans for State-Licensed
Loan Originators Moving Interstate.--
            ``(1) In general.--A State-licensed loan originator shall
        be deemed to have temporary authority to act as a loan
        originator in an application State for the period described in
        paragraph (2) if the State-licensed loan originator--
                    ``(A) meets the requirements of subparagraphs (A),
                (B), (C), and (D) of subsection (a)(1);
                    ``(B) is employed by a State-licensed mortgage
                company in the application State; and
                    ``(C) was licensed in a State that is not the
                application State during the 30-day period preceding
                the date of submission of the information required
                under section 1505(a) in connection with the
                application submitted to the application State.
            ``(2) Period.--The period described in paragraph (1) shall
        begin on the date that the State-licensed loan originator
        submits the information required under section 1505(a) in
        connection with the application submitted to the application
        State and end on the earliest of--
                    ``(A) the date that the State-licensed loan
                originator withdraws the application to be a State-
                licensed loan originator in the application State;
                    ``(B) the date that the application State denies,
                or issues a notice of intent to deny, the application;
                    ``(C) the date that the application State grants a
                State license; or
                    ``(D) the date that is 120 days after the date on
                which the State-licensed loan originator submits the
                application, if the application is listed on the
                Nationwide Mortgage Licensing System and Registry as
                incomplete.
    ``(c) Applicability.--
            ``(1) Any person employing an individual who is deemed to
        have temporary authority to act as a loan originator in an
        application State pursuant to this section shall be subject to
        the requirements of this title and to applicable State law to
        the same extent as if such individual was a State-licensed loan
        originator licensed by the application State.
            ``(2) Any individual who is deemed to have temporary
        authority to act as a loan originator in an application State
        pursuant to this section and who engages in residential
        mortgage loan origination activities shall be subject to the
        requirements of this title and to applicable State law to the
        same extent as if such individual was a State-licensed loan
        originator licensed by the application State.
    ``(d) Definitions.--In this section, the following definitions
shall apply:
            ``(1) State-licensed mortgage company.--The term `State-
        licensed mortgage company' means an entity licensed or
        registered under the law of any State to engage in residential
        mortgage loan origination and processing activities.
            ``(2) Application state.--The term `application State'
        means a State in which a registered loan originator or a State-
        licensed loan originator seeks to be licensed.''.
    (b) Table of Contents Amendment.--The table of contents in section
1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501
note) is amended by inserting after the item relating to section 1517
the following:

``Sec. 1518. Employment transition of loan originators.''.

SEC. 502. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER
              OFFICIALS.

    Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5112) is amended by striking ``are loan originators or are
applying for licensing or registration as loan originators.'' and
inserting ``have applied, are applying, or are currently licensed or
registered through the Nationwide Mortgage Licensing System and
Registry. The previous sentence shall only apply to persons in an
industry with respect to which persons were licensed or registered
through the Nationwide Mortgage Licensing System and Registry on the
date of the enactment of this sentence.''.

SEC. 503. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect
on the date that is 18 months after the date of the enactment of this
Act.

            Passed the House of Representatives February 14, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This bill specifies that the amount deposited in the Securities and Exchange Commission (SEC) Reserve Fund for FY2018 may not exceed $48 million. TITLE I TRID IMPROVEMENT The bill amends the Real Estate Settlement Procedures of 1974 to modify disclosure requirementsnbsp. Applicable to mortgage loan transactions. Specifically, the disclosed charges for any title insurance premium shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by either state regulation or the title company rate filings. TITLE II PROTECTION OF SOURCE CODE The bill amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to specify that the SEC may not compel a person to produce a source code or similar intellectual property without first issuing a subpoena. TITLE III FOSTERING INNOVATION The bill amends the Sarbanes-Oxley Act of 2002 with respect to auditor-attestation requirements for public companies. These requirements shall not apply with respect to any audit report prepared for an issuer that: ceased to be an emerging growth company on the last day of its fiscal year following the fifth anniversary of its first sale of common equity securities, had average annual gross revenues of less than $50 million as of its most recently completed fiscal year, and is not a large accelerated filer. This exemption shall expire at the earliest of: (1) the last day of the fiscal year 10 years after the issuer's first sale of common equity securities, (2) the end of the fiscal year in which the issuer's average annual gross revenues exceed $50 million, or (3) when the issuer becomes a large accelerated filer. TITLE IV NATIONAL SECURITIES EXCHANGE REGULATORY PARITY The bill amends the Securities Act of 1933 to exempt from state registration securities qualified for national trading by the SEC and authorized to be listed on a national securities exchange. Currently, securities listed on exchanges specified by statute or rule are exempt. TITLE V ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS The bill amends the S. A. F. E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution. The bill revises the S. A. F. E. Mortgage Licensing Act's civil liability immunity provisions.

TRID Improvement Act of 2017


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Laboratory Technology
Maturation Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National laboratory.--The term ``National Laboratory''
        has the meaning given the term in section 2 of the Energy
        Policy Act of 2005 (42 U.S.C. 15801).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (3) Small business concern.--The term ``small business
        concern'' has the meaning given the term in section 3 of the
        Small Business Act (15 U.S.C. 632).

SEC. 3. ESTABLISHMENT OF TECHNOLOGY MATURATION GRANT PROGRAM.

    (a) In General.--The Secretary shall establish the National
Laboratory technology maturation program under which the Secretary
shall make grants to National Laboratories for the purpose of
increasing the successful transfer of technologies licensed from
National Laboratories to small business concerns by providing a link
between an innovative process or technology and a practical application
with potential to be successful in commercial markets.
    (b) Application for Grant From the Secretary.--
            (1) In general.--Each National Laboratory that elects to
        apply for a grant under subsection (a) shall submit an
        application to the Secretary at such time, in such manner, and
        containing such information as the Secretary may reasonably
        require.
            (2) Contents.--In an application submitted under this
        subsection, a National Laboratory shall describe how the
        National Laboratory will--
                    (A) manage a technology maturation program;
                    (B) encourage small business concerns, with an
                emphasis on businesses in the region in which the
                National Laboratory is located, to participate in the
                technology maturation program;
                    (C) select small business concerns and technologies
                to participate in the technology maturation program
                using a selection board (referred to in this section as
                the ``selection board'') made up of technical and
                business members, including venture capitalists and
                investors; and
                    (D) measure the results of the program and the
                return on investment, including--
                            (i) the number of technologies licensed to
                        small business concerns;
                            (ii) the number of new small business
                        concerns created;
                            (iii) the number of jobs created or
                        retained;
                            (iv) sales of the licensed technologies;
                            (v) the change in average salaries paid by
                        the participating small business concerns; and
                            (vi) any additional external investment
                        attracted by participating small business
                        concerns.
    (c) Maximum Grant.--The maximum amount of a grant received by a
National Laboratory under subsection (a) shall be $5,000,000 for each
fiscal year.
    (d) Vouchers to Small Business Concerns From National
Laboratories.--
            (1) In general.--A National Laboratory receiving a grant
        under subsection (a) shall use the grant funds to provide
        vouchers to small business concerns that hold a technology
        license from a National Laboratory to pay the cost of providing
        assistance from scientists and engineers at the National
        Laboratory to assist in the development of the licensed
        technology and further develop related products and services
        until the products and services are market-ready or
        sufficiently developed to attract private investment.
            (2) Use of voucher funds.--A small business concern
        receiving a voucher under paragraph (1) may use the voucher--
                    (A) to gain access to special equipment or
                facilities at the National Laboratory that awarded the
                voucher;
                    (B) to partner with the National Laboratory on a
                commercial prototype; and
                    (C) to perform early-stage feasibility or later-
                stage field testing.
            (3) Eligible projects.--A National Laboratory receiving a
        grant under subsection (a) may provide a voucher to small
        business concerns and partnerships between a small business
        concern and an institution of higher education (as defined in
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
        1001(a))) for projects--
                    (A) involving--
                            (i) commercial prototypes;
                            (ii) scale-up and field demonstrations; or
                            (iii) other activities that move the
                        technology closer to successful
                        commercialization; and
                    (B) that do not exceed 1 year.
            (4) Application for voucher from national laboratory.--Each
        small business concern that holds a technology license from a
        National Laboratory that elects to apply for a voucher under
        paragraph (1) shall submit an application to the selection
        board at such time, in such manner, and containing such
        information as the selection board may reasonably require.
            (5) Criteria.--The selection board may award vouchers based
        on--
                    (A) the technological and commercial viability of
                the project for commercial success;
                    (B) a significant opportunity for new company
                formation or growth of an existing company in the
                region in which the National Laboratory is located;
                    (C) access to a strong, experienced business and
                technical team;
                    (D) clear, market-driven milestones for the project
                that connect to an ability to leverage matching funds
                from other sources;
                    (E) a clear path for commercialization;
                    (F) identification of a profitable market;
                    (G) the potential to enhance the technology-driven
                economy of the region in which the National Laboratory
                is located;
                    (H) availability and source of matching funds for
                the project; and
                    (I) compatibility with the mission of the National
                Laboratory.
            (6) Maximum voucher.--The maximum amount of a voucher
        received by a small business concern under paragraph (1) shall
        be $250,000.
            (7) Progress tracking.--
                    (A) In general.--The National Laboratory that
                awards a voucher to carry out a project under paragraph
                (1) shall establish a procedure to monitor interim
                progress of the project toward commercialization
                milestones.
                    (B) Termination of voucher.--If the National
                Laboratory determines that a project is not making
                adequate progress toward commercialization milestones
                under the procedure established pursuant to
                subparagraph (A), the project shall not continue to
                receive funding or assistance under this subsection.

SEC. 4. ANNUAL REPORT.

    (a) In General.--Each National Laboratory receiving a grant under
section 3 shall submit to the Secretary an annual report, at such time
and in such manner as the Secretary may reasonably require.
    (b) Contents of Report.--The report submitted under subsection (a)
shall--
            (1) include a list of each recipient of a voucher and the
        amount of each voucher awarded; and
            (2) provide an estimate of the return on investment,
        including--
                    (A) the number of technologies licensed to small
                business concerns;
                    (B) the number of new small business concerns
                created;
                    (C) the number of jobs created or retained;
                    (D) sales of the licensed technologies;
                    (E) the change in average salaries paid by the
                participating small business concerns; and
                    (F) any additional external investment attracted by
                participating small business concerns.

SEC. 5. FINAL REPORT.

    Not later than 5 years after the date of enactment of this Act, the
Secretary shall submit to the Committees on Armed Services and Energy
and Natural Resources of the Senate and the Committees on Armed
Services and Science, Space, and Technology of the House of
Representatives a report on the results of the program established
under section 3, including--
            (1) the return on investment; and
            (2) any recommendations for improvements to the program.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$25,000,000 for each of fiscal years 2015 through 2019.

Summary: National Laboratory Technology Maturation Act of 2014 - Requires the Secretary of Energy (DOE) to establish the National Laboratory technology maturation program to make grants of up to $5 million per fiscal year to National Laboratories to increase the successful transfer of technologies licensed from National Laboratories to small businesses by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. Requires grant recipients to use the funds to provide vouchers of up to $250,000 each to small businesses that hold a technology license from a National Laboratory to pay the cost of providing assistance from its scientists and engineers to assist in the development of the licensed technology and further develop related products and services until they are market-ready or sufficiently developed to attract private investment. Requires a National Laboratory that awards a voucher to carry out such a project to: (1) establish a procedure to monitor interim progress of the project toward commercialization milestones, and (2) discontinue providing such funding or assistance if it determines that a project is not making adequate progress toward such milestones under the procedure.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma
Patient Registry Act of 2015''.

SEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH.

    Title III of the Public Health Service Act is amended by inserting
after section 399V-5 of such Act (42 U.S.C. 280g-16) the following:

``SEC. 399V-6. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND
              RESEARCH.

    ``(a) In General.--The Secretary, acting through the Administrator
of the Agency for Toxic Substances and Disease Registry, shall develop
a patient registry to collect data on mesothelioma, including
information with respect to the incidence and prevalence of the disease
in the United States.
    ``(b) Uses.--The Secretary shall use the registry under subsection
(a)--
            ``(1) to enhance and expand infrastructure and activities
        for tracking the epidemiology of mesothelioma patients;
            ``(2) to collect, consolidate, and report on health
        information on patients who have been diagnosed with
        mesothelioma, including with respect to--
                    ``(A) treatment outcomes, including patient
                longevity; and
                    ``(B) the number of patients receiving treatment
                for mesothelioma disaggregated by hospital;
            ``(3) to better describe the incidence and prevalence of
        mesothelioma in the United States;
            ``(4) to facilitate further research on mesothelioma;
            ``(5) to examine factors, such as environmental and
        occupational factors, that may be associated with mesothelioma;
            ``(6) to better outline key demographic factors (such as
        age, race or ethnicity, gender, and family history) associated
        with mesothelioma; and
            ``(7) to make the information in such registry, other than
        individually identifiable information, available to the public
        to facilitate and enhance research on, and prevention and
        treatment of, mesothelioma.
    ``(c) Content.--In carrying out this section, the Secretary--
            ``(1) shall provide for the collection and storage of
        information on the incidence and prevalence of mesothelioma in
        the United States;
            ``(2) when scientifically possible, shall provide for the
        collection and storage of other available information on
        mesothelioma, such as information concerning--
                    ``(A) demographics and other information associated
                or possibly associated with mesothelioma, such as age,
                race, ethnicity, sex, geographic location, and family
                history;
                    ``(B) risk factors associated or possibly
                associated with mesothelioma, including genetic and
                environmental risk factors; and
                    ``(C) diagnosis and progression markers; and
            ``(3) may provide for the collection and storage of
        information relevant to analysis on mesothelioma, such as
        information concerning--
                    ``(A) the epidemiology of the disease;
                    ``(B) the natural history of the disease;
                    ``(C) the prevention of the disease;
                    ``(D) the detection, management, and treatment
                approaches for the disease; and
                    ``(E) the development of outcomes measures.
    ``(d) Consultation.--In carrying out this section, the Secretary
shall consult with individuals with appropriate expertise, including
non-Federal mesothelioma experts including--
            ``(1) epidemiologists with experience in disease
        surveillance or registries;
            ``(2) representatives of national voluntary associations
        that focus on mesothelioma or have demonstrated experience in
        research, care, or patient service for mesothelioma;
            ``(3) health information technology experts or other
        information management specialists;
            ``(4) clinicians with expertise in mesothelioma; and
            ``(5) research scientists with experience conducting
        translational research or utilizing surveillance systems for
        scientific research purposes.
    ``(e) Coordination With Other Federal Agencies.--The Secretary
shall make information in and analysis derived from the registry under
this section available, as appropriate, to Federal departments and
agencies, such as the National Institutes of Health, the Food and Drug
Administration, the Centers for Medicare & Medicaid Services, the
Agency for Healthcare Research and Quality, the Department of Veterans
Affairs, and the Department of Defense.
    ``(f) Public Access.--Subject to subsection (g), the Secretary
shall make information in, and analysis derived from, the registry
under this section available, as appropriate, to the public, including
researchers.
    ``(g) Privacy.--The Secretary shall ensure that privacy and
security protections applicable to the registry under this section are
at least as stringent as the privacy and security protections under
HIPAA privacy and security law (as defined in section 3009).
    ``(h) Reports to Congress.--
            ``(1) Initial report.--Not later than 18 months after the
        date of enactment of the Mary Jo Lawyer Spano Mesothelioma
        Patient Registry Act of 2015, the Secretary shall submit to the
        Congress a report that--
                    ``(A) shall outline--
                            ``(i) the findings in the mesothelioma
                        patient registry under subsection (a);
                            ``(ii) future plans for expansion or
                        revision of such registry; and
                            ``(iii) the scope of such registry; and
                    ``(B) may include a description of the activities
                undertaken by the Secretary to establish partnerships
                with research and patient advocacy communities to
                expand such registry.
            ``(2) Subsequent report.--Not later than 4 years after the
        date of enactment of the Mary Jo Lawyer Spano Mesothelioma
        Patient Registry Act of 2015, the Secretary shall submit a
        report to the Congress concerning the implementation of this
        section. Such report should include information on--
                    ``(A) the development and maintenance of the
                mesothelioma patient registry under subsection (a);
                    ``(B) the type of information collected and stored
                in the registry;
                    ``(C) the use and availability of such information,
                including guidelines for such use; and
                    ``(D) the use and coordination of databases that
                collect or maintain information on mesothelioma.''.

Summary: Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry to develop a patient registry to collect data on mesothelioma. The Agency shall use the registry to: enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients, collect, consolidate, and report on health information on mesothelioma patients. Describe the incidence and prevalence of mesothelioma in the United States, facilitate research on mesothelioma, examine factors that may be associated with mesothelioma, outline key demographic factors associated with mesothelioma. And make information available to the public to facilitate and enhance research on, and the prevention and treatment of, mesothelioma. The Agency: (1) shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States and information concerning demographics and other information associated with mesothelioma, such as geographic location and family history, risk factors, and diagnosis and progression markers. (2) may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning the epidemiology, natural history, and prevention of the disease, the detection, management, and treatment approaches for the disease, and the development of outcomes measures. And (3) shall make registry information available to federal agencies and the public.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Hardship Relief
Act''.

SEC. 2. HARDSHIP EXEMPTION TO EMPLOYER HEALTH INSURANCE MANDATE FOR
              SMALL BUSINESSES.

    (a) In General.--Section 4980H of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(e) Hardship Exemption for Small Businesses.--
            ``(1) In general.--Subsections (a) and (b) shall not apply
        to any small business for any month if such small business is
        experiencing a hardship with respect to the calendar year in
        which such month begins.
            ``(2) Hardship.--A small business shall be treated for
        purposes of this subsection as experiencing a hardship for any
        calendar year if such business demonstrates to the satisfaction
        of the Secretary that such business--
                    ``(A) missed two or more consecutive loan payments
                during such year,
                    ``(B) is a debtor in a title 11 case (as defined in
                section 108(d)(2)) the pendency of which includes any
                portion of such year,
                    ``(C) received a notice from a utility during such
                year that such utility is preparing to stop providing
                services to such business by reason of nonpayment of
                amounts owed for utility service,
                    ``(D) received a notice of eviction of foreclosure
                during such year,
                    ``(E) experienced a fire, flood, other natural or
                human-caused disaster that resulted in substantial
                damage to property of the business during such year, or
                    ``(F) experiences such other hardship during such
                year as the Secretary may determine for purposes of
                this subsection.
            ``(3) Limitation to 5 years of exemptions.--Paragraph (1)
        shall not apply to any small business for any calendar year if
        such paragraph has applied to such small business for any 5
        previous calendar years.
            ``(4) Small business.--For purposes of this subsection--
                    ``(A) In general.--The term `small business' means,
                with respect to any calendar year, an employer who
                employed an average of not more than 100 full-time
                employees on business days during the preceding
                calendar year.
                    ``(B) Application of certain rules for determining
                employer size; treatment of full-time equivalents as
                full-time employees.--Rules similar to the rules of
                subparagraphs (C) and (E) of subsection (c)(2) shall
                apply for purposes of this subsection.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to months beginning after the date of the enactment of this Act.
    (c) Hardship Exemption Not To Be Used as Sole Criteria for Audit.--
Notwithstanding any other provision of law, whether the hardship
exemption provided under section 4980H of the Internal Revenue Code of
1986 (as added by this section) applies with respect to a taxpayer
shall not be taken into account by the Internal Revenue Service as the
sole factor in determining whether to audit such taxpayer.
    (d) Treasury Study on Additional Indications of Business
Hardship.--
            (1) Study.--The Secretary of the Treasury shall conduct a
        study regarding the additional hardships which would be
        appropriate to add to the list of hardships in paragraph (2) of
        section 4980H(e) of the Internal Revenue Code of 1986 (as added
        by this section), consistent with the purposes of such section.
            (2) Determination of additional hardships.--Not later than
        6 months after the date of the enactment of this Act, the
        Secretary of the Treasury shall, with respect to any hardship
        which the Secretary determines should be added to such list of
        hardships, add such hardship to such list by making the
        determination described in subparagraph (F) of such section.
            (3) Report.--Not later than 6 months after the date of the
        enactment of this Act, the Secretary of the Treasury shall
        provide a written report to Congress with respect to the study
        conducted under paragraph (1). Such report shall include a
        description of each hardship considered for inclusion in such
        list of hardships, whether the Secretary made the determination
        to include such hardship in such list, and the reasons that
        such hardship was or was not so included, as the case may be.
            (4) References to secretary of the treasury.--Any reference
        in this subsection to the Secretary of the Treasury shall
        include a reference to any designee of such Secretary.

Summary: Small Business Hardship Relief Act - Amends the Internal Revenue Code to exempt from the employer mandate to provide minimum essential health care coverage for its employees a small business nbsp. Experiencing a hardship. Defines hardship to include situations in which a small business has missed two or more consecutivenbsp. Loan payments, is a debtor in a Chapter 11 (reorganization) bankruptcy proceeding,nbsp. Has received a notice of termination of utility services or a notice of eviction, has experienced a fire, flood, or other disaster, or hasnbsp. Experienced another hardships as determined by the Secretary of the Treasury. Directs the Secretary to conduct a study to identify additional hardships appropriate for granting an hardship exemption. Prohibits the Internal Revenue Service (IRS) fromnbsp, taking into accountnbsp, the applicability of a hardship exemption to a small businessnbsp. As the sole factor in determining whether to audit such business.

Small Business Hardship Relief Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Fiscal Relief Act of 2004''.

SEC. 2. EXTENSION OF TEMPORARY STATE FISCAL RELIEF.

    (a) Extension of Temporary Freeze of Medicaid FMAP for Certain
States.--Section 401(a) of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (42 U.S.C. 1396d note) is amended--
            (1) in the subsection heading, by striking
        ``$10,000,000,000 for a'';
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by striking ``first 3
                quarters of''; and
                    (B) by striking ``the first, second, and third
                calendar quarters'' and inserting ``each calendar
                quarter'';
            (3) by redesignating paragraphs (3) through (9) as
        paragraphs (4) through (10), respectively; and
            (4) by inserting after paragraph (2), the following:
            ``(3) Permitting maintenance of fiscal year 2004 fmap for
        fiscal year 2005.--Subject to paragraph (6), if the FMAP
        determined without regard to this subsection for a State for
        fiscal year 2005 is less than the FMAP as so determined for
        fiscal year 2004, the FMAP for the State for fiscal year 2004
        shall be substituted for the State's FMAP for each calendar
        quarter of fiscal year 2005, before the application of this
        subsection.''.
    (b) Temporary Increase in Medicaid FMAP for All States.--Section
401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42
U.S.C. 1396d note), as amended by subsection (a), is amended by
striking paragraphs (4) and (5) (as redesignated by subsection (a)(3))
and inserting the following:
            ``(4) Temporary increase in medicaid fmap.--
                    ``(A) General 2.95 percentage points increase for
                last 2 calendar quarters of fiscal year 2003 and first
                3 calendar quarters of fiscal year 2004.--Subject to
                paragraphs (6), (7), and (8), for each State for the
                third and fourth calendar quarters of fiscal year 2003
                and for the first, second, and third calendar quarters
                of fiscal year 2004, the FMAP (taking into account the
                application of paragraphs (1), (2), and (3)) shall be
                increased by 2.95 percentage points.
                    ``(B) General 1.26 percentage points increase for
                last calendar quarter of fiscal year 2004 and each
                calendar quarter of fiscal year 2005.--Subject to
                paragraphs (6), (7), and (8), for each State for the
                fourth calendar quarter of fiscal year 2004 and each
                calendar quarter of fiscal year 2005, the FMAP (taking
                into account the application of paragraphs (1), (2),
                and (3) but without regard to the application of
                subparagraph (A)) shall be increased by 1.26 percentage
                points.
            ``(5) Increase in cap on medicaid payments to
        territories.--
                    ``(A) Last 2 calendar quarters of fiscal year 2003
                and first 3 calendar quarters of fiscal year 2004.--
                Subject to paragraphs (7) and (8), with respect to the
                third and fourth calendar quarters of fiscal year 2003
                and the first, second, and third calendar quarters of
                fiscal year 2004, the amounts otherwise determined for
                Puerto Rico, the Virgin Islands, Guam, the Northern
                Mariana Islands, and American Samoa under subsections
(f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308)
shall each be increased by an amount equal to 5.90 percent of such
amounts.
                    ``(B) Last calendar quarter of fiscal year 2004 and
                each calendar quarter of fiscal year 2005.--Subject to
                paragraphs (7) and (8), with respect to the fourth
                calendar quarter of fiscal year 2004 and each calendar
                quarter of fiscal year 2005, the amounts otherwise
                determined for Puerto Rico, the Virgin Islands, Guam,
                the Northern Mariana Islands, and American Samoa under
                subsections (f) and (g) of section 1108 of the Social
                Security Act (42 U.S.C. 1308) shall each be increased
                by an amount equal to 2.52 percent of such amounts.''.
    (c) Conforming Amendments.--Section 401(a) of the Jobs and Growth
Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as
amended by subsections (a) and (b), is amended--
            (1) in paragraph (1), by striking ``paragraph (5)'' and
        inserting ``paragraph (6)'';
            (2) in paragraph (2), by striking ``paragraph (5)'' and
        inserting ``paragraph (6)'';
            (3) in paragraph (7) (as redesignated by subsection
        (a)(3))--
                    (A) by striking ``paragraph (4)'' each place it
                appears and inserting ``paragraph (5)''; and
                    (B) by striking ``paragraph (3)'' each place it
                appears and inserting ``paragraph (4)'';
            (4) in paragraph (8) (as so redesignated), by striking
        ``the first, second and third calendar quarters of fiscal year
        2004'' and inserting ``each calendar quarter of fiscal year
        2004 and fiscal year 2005''; and
            (5) in paragraph (10) (as so redesignated), by striking
        ``October 1, 2004'' and inserting ``January 1, 2005''.

SEC. 3. TRANSITIONAL FUND TO IMPLEMENT THE MEDICARE PRESCRIPTION DRUG,
              IMPROVEMENT, AND MODERNIZATION ACT OF 2003.

    Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h))
is amended--
            (1) in paragraph (1)--
                    (A) by striking ``described in paragraph (2)'' and
                inserting ``described in--
                    ``(A) paragraph (2)(A)'';
                    (B) by striking the period and inserting ``; and'';
                and
                    (C) by adding at the end the following:
                    ``(B) paragraph (2)(B) the per centum specified in
                section 1903(a)(7) shall be increased to such
                percentage as the Secretary specifies, except that the
                percentage shall not be less than the percentage
                applied by the Secretary to the payments made for
                administrative expenditures described in subparagraph
                (A) before the date of enactment of this
                subparagraph.'';
            (2) in paragraph (2), by striking ``that (but for the
        enactment of this section) would not be incurred.'' and
        inserting ``that--
                    ``(A) but for the enactment of this section would
                not be incurred; or
                    ``(B) but for the enactment of the Medicare,
                Prescription Drug, Improvement, and Modernization Act
                of 2003 and the amendments made by that Act would not
                be incurred.''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Limitations.--
                    ``(A) Welfare reform attributable expenditures.--
                The total amount of additional Federal funds that are
                expended as a result of the application of this
                subsection with respect to administrative expenditures
                described in paragraph (2)(A) for the period beginning
                with fiscal year 1997 shall not exceed $500,000,000. In
                applying this subparagraph, the Secretary shall ensure
                the equitable distribution of additional funds among
                the States.
                    ``(B) MMA attributable expenditures.--The total
                amount of additional Federal funds that are expended as
                a result of the application of this subsection with
                respect to administrative expenditures described in
                paragraph (2)(B) for the period beginning on October 1,
                2004, and ending on the later of April 1, 2006, or the
                end of the first fiscal year quarter that begins on or
                after the date on which benefits are first provided
                under the voluntary prescription drug benefit program
                under part D of title XVIII (other than under the
                program under subpart 4 of part D of title XVIII),
                shall not exceed $1,200,000,000. In applying this
                subparagraph, the Secretary shall ensure the equitable
                distribution of additional funds among the States,
                taking into account the following:
                            ``(i) The percentage of individuals who
                        reside in a State who are eligible for medicare
                        cost-sharing under clause (i), (iii), or (iv)
                        of section 1902(a)(10)(E).
                            ``(ii) The number of full-benefit dual
                        eligible individuals (as defined in section
                        1935(c)(6)) who reside in a State.''.

Summary: State Fiscal Relief Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States . Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. And (2) by 1.26 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Amends SSA title XIX, with respect to the transitional increased Federal matching rate for increased administrative costs, to require a specified minimum increase for administrative expenditures that would not be incurred but for enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Sets $1.2 billion as the cap on the total amount of additional Federal funds expended as a result of this Act with respect to such administrative expenditures between October 1, 2004, and the later of either: (1) April 1, 2006. Or (2) the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under SSA title XVIII (Medicare) part D.

A bill to extend temporary State fiscal relief, and for other purposes.


SECTION 1. FINDINGS; SENSE OF THE CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) The workers who mine American coal have fueled nearly 2
        centuries of industrial development, and are crucial to the
        Nation's economic well-being.
            (2) The Federal Government has had a central role with
        regard to both the coal industry and the health and welfare of
        coal miners. Both the Congress and the executive branch have
        frequently intervened in the coal industry to protect the
        interests of both coal miners and the industry itself. For
        example--
                    (A) the Congress enacted legislation--
                            (i) regulating the coal industry to protect
                        the health and safety of coal miners; and
                            (ii) guaranteeing health care for coal
                        miners and their families, and providing
                        benefits to victims of black lung disease; and
                    (B) the Executive Branch has seized the Nation's
                coal mines for the purpose of negotiating a collective
                bargaining agreement on the mine owners' behalf, has
                otherwise frequently intervened in collective
                bargaining in the coal industry, and has created
                numerous panels and commissions to study problems and
                issues unique to coal mining communities and the coal
                Industry.
            (3) Because coal is an abundant domestic resource, a strong
        coal industry serves to reduce American dependence upon foreign
        oil and is vital both to commerce and to the defense of the
        United States.
            (4) As the result of the abuse of the provisions of
        bankruptcy law, certain coal industry employers have been able
        to gain unfair advantages over their competitors, primarily at
        the expense of their employees.
    (b) Sense of the Congress.-- It is the sense of the Congress that
the abuse of the provisions of bankruptcy law by certain coal industry
employers is damaging to the economic health of the United States, as
well as to the employees who are directly harmed by such legal abuses.

SEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE.

    Title 11 of the United States Code is amended--
            (1) in section 101 by inserting after paragraph (5) the
        following:
            ``(5A) Coal industry employer.--The term `coal industry
        employer' means an employer in the coal industry, and all
        members of the employer's controlled group of corporations and
        all trades and businesses under common control (within the
        meaning of sections 52(a) and 52(b) of the Internal Revenue
        Code of 1986).
            ``(5B) Covered facility of a coal industry employer.--The
        term `covered facility of a coal industry employer' means any
        facility owned or operated by a coal industry employer that is
        involved in the production, processing, or transportation of
        coal.'';
            (2) in section 363 by adding at the end the following:
    ``(p) Notwithstanding subsection (f), a covered facility of a
debtor that is coal industry employer that is sold by the trustee shall
remain subject to the labor rights of the current and former employees
of the debtor. For purposes of this subsection, the term `labor rights'
means--
            ``(1) if the employees at a covered facility of a coal
        industry employer to be sold are covered under the terms of a
        current collective bargaining agreement (other than an
        agreement that has been rejected pursuant to the terms of
        sections 365 or 1113), the obligations of the debtor arising
        under that agreement or under the National Labor Relations Act;
        or
            ``(2) if the employees at a covered facility of a coal
        industry employer to be sold are represented by a labor
        organization but are not covered under the terms of an current
        collective bargaining agreement, the obligations of the debtor
        arising under the National Labor Relations Act.
Furthermore, in the case of the sale of a covered facility of a coal
industry employer at which employees are represented by a labor
organization, such labor organization shall be conclusively presumed to
enjoy majority support for a period of 1 year from the date of such
sale, or such longer period as required by applicable nonbankruptcy
law.'';
            (3) in section 1113 by adding at the end the following:
    ``(g)(1) Notwithstanding any other provision of this section, no
application for the rejection of a collective bargaining agreement
between a coal industry employer relating to a covered facility of such
coal industry employer shall be approved unless the following
additional conditions are met:
            ``(A) The information provided pursuant to subsection
        (b)(1)(B) has been personally verified by the principal
        officers (including the principal executive officer and
        principal financial officer) of the debtor under penalty of
        perjury.
            ``(B) As soon as practicable after the filing of an
        application under this section, the Secretary of Labor shall
        submit a list of five disinterested individuals who are
        qualified and willing to serve as trustees in the case. The
        United States trustee shall appoint one of such individuals to
        serve as trustee in the case.
            ``(C) The court finds that the executive management of the
        debtor has not received any wage increases or bonuses during
        the period that the case is pending under this title, or within
        the year preceding the filing of the petition, or that any such
        wage increases or bonuses have been disgorged and refunded to
        the debtor.
            ``(D) The court finds that the proposal made pursuant to
        subsection (b)(1)(A)--
                    ``(i) does not purport to relieve the debtor, or
                the purchaser of a covered facility of a coal industry
                employer, from any obligations otherwise arising under
                the National Labor Relations Act;
                    ``(ii) provides that the purchaser of any facility
                owned by the debtor is to be considered a `successor'
                under the National Labor Relations Act;
                    ``(iii) does not abridge labor rights, as defined
                in section 363(p); and
                    ``(iv) provides that existing employees retain all
                noneconomic employment rights provided under the terms
                of the collective bargaining agreement (including the
                right to not be terminated without cause and any recall
                rights following a layoff), both with regard to the
                debtor and the purchaser of a covered facility of a
                coal industry employer.
    ``(2) Any obligations arising under the terms of a collective
bargaining agreement prior to the entry of relief under this section
shall be secured by a lien on all of the assets of the debtor.''; and
            (4) in section 1114 by adding the following at the end:
    ``(m) If the court enters an order approving an application for the
modification of retiree benefits owed by a coal industry employer
relating to a covered facility of such coal industry employer, all
members of the debtor's controlled group of corporations and all trades
and businesses under common control (within the meaning of sections
52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly
and severally liable for all damages arising as the result of the entry
of such order, and all such claims shall be entitled to priority
pursuant to section 507(a)(1).''.

SEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS.

    This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act, and shall apply with respect to
cases commenced under title 11 of the United States Code before, on, or
after such date.

Summary: Expresses the sense of Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. Amends Federal bankruptcy law to declare that sale by the bankruptcy trustee of a facility owned or operated by a coal industry employer involved in coal production, processing, or transportation is subject to the labor rights of the current and former employees of the debtor. States that if employees at such facility are represented by a labor organization, such organization is conclusively presumed to enjoy majority support for a period of one year from the date of such sale, or such longer period as required by applicable nonbankruptcy law. Sets forth criteria for approval of an application to reject a collective bargaining agreement by a coal industry employer relating to a covered facility. States that obligations arising under the terms of a collective bargaining agreement before the entry of bankruptcy relief are secured by a lien on all of the debtor's assets. Declares that all members of a debtor's controlled group of corporations are jointly and severally liable for damages arising as the result of the court-approved application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility. Declares all such claims entitled to priority status.

To amend title 11 of the United States Code to protecting the labor rights of current and former employees of coal industry employers that are debtors under such title.


SECTION 1. INCLUSION OF HAZARDOUS DUTY PAY AND DIVING PAY IN
              COMPUTATION OF MILITARY RETIRED PAY FOR MEMBERS OF THE
              ARMED FORCES WITH EXTENSIVE HAZARDOUS DUTY EXPERIENCE.

    (a) In General.--Chapter 71 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1415. Members with extensive hazardous duty experience: increase
              in retired pay
    ``(a) Increase in Retired Pay for Qualifying Members.--The retired
pay of a member who performs qualifying hazardous duty and who retires
on or after the date of the enactment of this section shall be
increased by the amount determined under subsection (b).
    ``(b) Computation of Increase.--The amount of an increase in
retired pay under this section shall be the sum of the following:
            ``(1) Hazardous duty special pay.--If the member received
        special pay under section 301 of title 37, the amount equal to
        the product of--
                    ``(A) the monthly amount of special pay under that
                section as in effect for the final month for which the
                member received that special pay; and
                    ``(B) the fraction in which the numerator is the
                number of months for which the member received such
                special pay and the denominator is the total number of
                months for which the member received basic pay.
            ``(2) Diving duty special pay.--If the member received
        special pay under section 304 of title 37, the amount equal to
        the product of--
                    ``(A) the monthly amount of special pay under that
                section as in effect for the final months for which the
                member received that special pay; and
                    ``(B) the fraction in which the numerator is the
                number of months for which the member received such
                special pay and the denominator is the total number of
                months for which the member received basic pay.
    ``(c) Qualifying Members.--A member shall be considered to have
performed qualifying hazardous duty for purposes of this section if the
member received special pay under section 301 of title 37 (relating to
special pay for hazardous duty) or section 304 of title 37 (relating to
special pay for diving duty), or both, for not less than 60 months
(whether or not consecutive).
    ``(d) Treatment Under Other Provisions Relating to Retired Pay.--An
amount by which retired pay is increased under this section shall not
be considered to be retired pay for purposes of section 1408 of this
title or for purposes of the Survivor Benefit Plan under subchapter II
of chapter 73 of this title.
    ``(e) Retainer Pay.--In this section, the term `retired pay'
includes retainer pay payable under section 6330 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``1415. Members with extensive hazardous duty experience: increase in
                            retired pay.''.

SEC. 2. COMPTROLLER GENERAL STUDY OF TAX CREDITS AND SMALL BUSINESS
              LOAN CHANGES TO ASSIST BUSINESSES THAT EMPLOY GUARD AND
              RESERVE MEMBERS.

    (a) Study Required.--The Comptroller General shall conduct a study
to determine--
            (1) whether members of the National Guard and Reserve
        comprise a disproportionately large portion of the employees of
        any size or type of business, including small business
        concerns;
            (2) the amount of Federal tax benefit that would be
        appropriate to compensate such a business for costs associated
        with employing members of National Guard and Reserve units and
        having such members called to active duty; and
            (3) whether changes can be made to the small business loan
        program, such as a targeted level of loans, reduced interest
        rates, and reduced paperwork burdens for loan applications, to
        assist small business concerns to deal with the costs
        associated with employing members of National Guard and Reserve
        units and having such members called to active duty.
    (b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the study. The report shall include
legislative proposals--
            (1) to provide the recommended tax benefit identified in
        the study; and
            (2) to modify the small business loan program to assist
        small business concerns that employ members of National Guard
        and Reserve units.

SEC. 3. SECRETARY OF DEFENSE REPORT ON EXPANSION OF JUNIOR ROTC AND
              SIMILAR MILITARY PROGRAMS FOR YOUNG PEOPLE.

    (a) Findings.--Congress finds that--
            (1) the Junior Reserve Officers' Training Corps, the Civil
        Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of
        the Marine Corps League provide significant benefits for the
        Armed Forces, including significant public relations benefits;
        and
            (2) there is substantial interest in expanding the scope of
        those programs.
    (b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report providing the Secretary's assessment of the
feasibility and desirability of expanding the Junior Reserve Officers'
Training Corps program of each of the military departments, the Civil
Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the
Marine Corps League. The report shall include such recommendations as
the Secretary considers appropriate for expansion of those programs
through an increase in the number of units or participants in those
programs, increased funding for those programs, or such other means as
the Secretary determines.

Summary: Includes hazardous duty pay and diving duty special pay received for at least 60 months as qualifying pay in the computation of military retired pay. Directs the Comptroller General to study the possibility of tax credits or small business loan incentives for businesses that employ National Guard and reserve personnel. Directs the Secretary of Defense to report to Congress on an assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps (ROTC) program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League.

To amend title 10, United States Code, to provide for the inclusion of hazardous duty pay and diving pay in the computation of military retired pay for members of the Armed Forces with extensive hazardous duty experience, to require a Comptroller General study on the need for a tax credit for businesses that employ members of the National Guard and Reserve, and to require a report by the Secretary of Defense on the expansion of the Junior ROTC and similar military programs for young people.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Work Made For Hire and Copyright
Corrections Act of 2000''.

SEC. 2. WORK MADE FOR HIRE.

    (a) Definition.--The definition of ``work made for hire'' contained
in section 101 of title 17, United States Code, is amended--
        (1) in paragraph (2), by striking ``as a sound recording,'';
    and
        (2) by inserting after paragraph (2) the following:
    ``In determining whether any work is eligible to be considered a
    work made for hire under paragraph (2), neither the amendment
    contained in section 1011(d) of the Intellectual Property and
    Communications Omnibus Reform Act of 1999, as enacted by section
    1000(a)(9) of Public Law 106-113, nor the deletion of the words
    added by that amendment--
            ``(A) shall be considered or otherwise given any legal
        significance, or
            ``(B) shall be interpreted to indicate congressional
        approval or disapproval of, or acquiescence in, any judicial
        determination,
    by the courts or the Copyright Office. Paragraph (2) shall be
    interpreted as if both section 2(a)(1) of the Work Made For Hire
    and Copyright Corrections Act of 2000 and section 1011(d) of the
    Intellectual Property and Communications Omnibus Reform Act of
    1999, as enacted by section 1000(a)(9) of Public Law 106-113, were
    never enacted, and without regard to any inaction or awareness by
    the Congress at any time of any judicial determinations.''.
    (b) Effective Date.--
        (1) Effective date.--The amendments made by this section shall
    be effective as of November 29, 1999.
        (2) Severability.--If the provisions of paragraph (1), or any
    application of such provisions to any person or circumstance, is
    held to be invalid, the remainder of this section, the amendments
    made by this section, and the application of this section to any
    other person or circumstance shall not be affected by such
    invalidation.

SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE.

    (a) Amendments to Chapter 7.--Chapter 7 of title 17, United States
Code, is amended as follows:
        (1) Section 710, and the item relating to that section in the
    table of contents for chapter 7, are repealed.
        (2) Section 705(a) is amended to read as follows:
    ``(a) The Register of Copyrights shall ensure that records of
deposits, registrations, recordations, and other actions taken under
this title are maintained, and that indexes of such records are
prepared.''.
        (3)(A) Section 708(a) is amended to read as follows:
    ``(a) Fees.--Fees shall be paid to the Register of Copyrights--
        ``(1) on filing each application under section 408 for
    registration of a copyright claim or for a supplementary
    registration, including the issuance of a certificate of
    registration if registration is made;
        ``(2) on filing each application for registration of a claim
    for renewal of a subsisting copyright under section 304(a),
    including the issuance of a certificate of registration if
    registration is made;
        ``(3) for the issuance of a receipt for a deposit under section
    407;
        ``(4) for the recordation, as provided by section 205, of a
    transfer of copyright ownership or other document;
        ``(5) for the filing, under section 115(b), of a notice of
    intention to obtain a compulsory license;
        ``(6) for the recordation, under section 302(c), of a statement
    revealing the identity of an author of an anonymous or pseudonymous
    work, or for the recordation, under section 302(d), of a statement
    relating to the death of an author;
        ``(7) for the issuance, under section 706, of an additional
    certificate of registration;
        ``(8) for the issuance of any other certification; and
        ``(9) for the making and reporting of a search as provided by
    section 705, and for any related services.
The Register is authorized to fix fees for other services, including
the cost of preparing copies of Copyright Office records, whether or
not such copies are certified, based on the cost of providing the
service.''.
            (B) Section 708(b) is amended--
                (i) by striking the matter preceding paragraph (1) and
            inserting the following:
    ``(b) Adjustment of Fees.--The Register of Copyrights may, by
regulation, adjust the fees for the services specified in paragraphs
(1) through (9) of subsection (a) in the following manner:'';
                (ii) in paragraph (1), by striking ``increase'' and
            inserting ``adjustment'';
                (iii) in paragraph (2), by striking ``increase'' the
            first place it appears and inserting ``adjust''; and
                (iv) in paragraph (5), by striking ``increased'' and
            inserting ``adjusted''.
    (b) Conforming Amendment.--Section 121(a) of title 17, United
States Code, is amended by striking ``sections 106 and 710'' and
inserting ``section 106''.
    (c) Effective Date.--
        (1) In general.--The amendments made by this section shall take
    effect on the date of the enactment of this Act.
        (2) Carry-over of existing fees.--The fees under section 708(a)
    of title 17, United States Code, on the date of the enactment of
    this Act shall be the fees in effect under section 708(a) of such
    title on the day before such date of enactment.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Requires the Register of Copyrights to ensure that records of deposits, registrations, recordations, and other related actions taken under copyright provisions are maintained and that indexes of such records are prepared. Revises Copyright Office fee provisions. Authorizes the Register to adjust such fees.

Work Made for Hire and Copyright Corrections Act of 2000


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Competitiveness Act of
2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) If the United States is to dominate the next critically
        decisive stage of industrial progress, it must be the first to
        create the technologies and skilled workforce capable of taking
        advantage of new high technology opportunities.
            (2) Research, innovation, and human capital are our
        principal strengths. By sustaining United States investments in
        research and finding collaborative arrangements to leverage
        existing resources and funds in a scarce budget environment, we
        ensure that America remains at the forefront of scientific and
        technological capability.
            (3) The United States has begun to confront a new level of
        global competition.
            (4) The United States remains a leading attraction for
        innovating talent and entrepreneurial activity. The United
        States's research and development system is the best in the
        world. It comprises the world's largest market and promotes a
        vibrant entrepreneurial business climate.
            (5) For the United States to maintain its high standards of
        living through continued economic prosperity over the long-
        term, the basic components of the Nation's innovation
        ecosystems must remain healthy.
            (6) Technology transfer of publicly funded research is a
        critical mechanism for optimizing the return on taxpayer
        investment, particularly where other benefits are not
        measurable at all or are very long-term.
            (7) Active marketing and educational campaigns tailored by
        individual Federal agencies on their respective research and
        development activities are important where--
                    (A) inventions have multiple applications and may
                need to be matched-up with commercial enterprises
                representing several industries; and
                    (B) new invention applications may require rapid
                development and dissemination by companies not
                otherwise known by the agency.
            (8) Technology transfer has become a very broad activity,
        with many stakeholders and users. Aggregating available
        technology transfer resources into a single location, available
        in an electronic format, would help--
                    (A) facilitate the access, administration,
                education, monitoring, and efficiency of technology
                transfer activities with the government;
                    (B) stimulate further interaction and
                responsiveness from the private sector; and
                    (C) facilitate the formation of much needed
                technology transfer databases and provide opportunities
                to examine and track more refined measurements of
                technology flows.
            (9) A 2003 Department of Commerce survey reported that only
        34 percent of the Federal laboratories surveyed formed
        laboratory industrial advisory committees. These committees can
        advocate and promote effective communication between Federal
        laboratories and the user communities to help facilitate mutual
        understanding and leverage maximum impact of the research
        conducted.
            (10) Because the entire innovation process is continuing to
        evolve in an arena of increasing global competition,
        identifying metrics to quantify program effectiveness is of
        increasing importance. Metrics need to take into account a wide
        range of steps in a highly complex process, as well as the
        ultimate product or service, but should not constrain the
        continued evolution or development of new technology transfer
approaches. In addition, these metrics need to accommodate.
                    (A) characteristics unique to varying industries;
                and
                    (B) mission differences between the licensing
                institutions.
            (11) Local and regional impacts from Federal research and
        development activities have a direct impact on communities in
        which they are conducted. Such activities attract new
        businesses to these areas, thereby stimulating local economies
        and improving local education.
            (12) State governments are already active in providing a
        friendly and complementary research and development
        environment.
            (13) Half of all States each receive half a billion or more
        Federal research and development dollars yearly.
            (14) Given the importance of Federal research and
        development investments to the Nation, States, and localities,
        little information is widely available. There is a need for a
        data system that can provide detailed information on all of the
        activities and scope of the Federal research and development
        enterprise so that State and local officials can use the
        information to identify new opportunities for State-Federal
        research collaboration.

SEC. 3. OUTREACH ACTIVITIES.

    (a) Technology Transfer Director.--The Secretary of Commerce shall
designate a Technology Transfer Director within the Technology
Administration to perform oversight of and policy development for
technology transfer activities at the Department of Commerce.
    (b) Duties.--The Director shall--
            (1) coordinate the activities of the Interagency Working
        Group on Technology Transfer, oversee the expenditure of funds
        allocated to the Technology Transfer Working Group;
            (2) coordinate with each technology partnership ombudsman
        appointed under section 11 of the Technology Transfer
        Commercialization Act of 2000 (42 U.S.C. 7261c);
            (3) establish and maintain procedures for ensuring the
        effective coordination of the technology transfer outreach
        activities of the Department between and among--
                    (A) the National Technical Information Service;
                    (B) the Federal Laboratory Consortium for
                Technology Transfer;
                    (C) the National Science Foundation;
                    (D) the National Aeronautics and Space
                Administration; and
                    (E) other appropriate Federal agencies.
    (b) Responsibilities.--The Director's responsibilities shall
include--
            (1) coordinating technology transfer activities occurring
        at National Laboratories and single purpose research
        facilities;
            (2) exchanging information about technology transfer
        practices, including alternative approaches to resolution of
        disputes involving intellectual property rights and other
        technology transfer matters;
            (3) developing and disseminating to the public and
        prospective technology partners information about opportunities
        and procedures for technology transfer through a one-stop
        information virtual center; and
            (4) providing and disseminating information through
        prepared material on Federally owned or originated products,
        processes, and services having potential application to State
        and local governments and to private industry.
    (d) Oversight.--The Director shall--
            (1) periodically review the procedures maintained under
        subsection (c) for the purpose of ensuring that such procedures
        meet the requirements of that subsection; and
            (2) make such modifications to such procedures as the
        Director considers appropriate in light of such review in order
        to better achieve the purposes of this section.

SEC. 4. RESEARCH ACTIVITIES.

    (a) In General.--The Secretary, through the Technology Transfer
Director as established by section 3, shall establish a research
program within the Technology Administration that will--
            (1) involve consultation, as appropriate, with the various
        units of the Commerce Department, including the Federal
        Laboratory Consortium for Technology Transfer, each Federal
        agency's research and technology applications, and utilization
        (with the consent of the agency involved) of the expertise and
        services of the National Science Foundation, the National
        Aeronautics and Space Administration, and other Federal
        agencies;
            (2) build upon ongoing efforts of the private sector; and
            (3) involve consortia that include government and industry.
    (b) Development of Research Tools and Practices.--The Director
shall work with industry, trade associations, professional societies,
and others to conduct experimentation, analysis, testing, verification,
and demonstration of improved tools and practices that identify--
            (1) best practices for technology transfer, and
            (2) metrics to quantify technology transfer practices
        effectiveness, taking into account wide range of differences in
        technology, market dynamics, intellectual property in varying
        industrial sectors, as well as different mission differences
        between licensing institutions.
    (c) Study.--The Director shall work with industry, trade
associations, professional societies, and others--
            (1) to develop reliable data on how to improve workforce
        education and address critical workforce issues, including the
        availability of scientists and engineers and a readily
        available pool of skilled employees;
            (2) to process reviews to reduce complexity of, and time
        required to complete, technology transfer transactions;
            (3) to study and assess the implications of technology
        development and transfer in a global environment, with specific
        attention to the effects of emerging technology; and
            (4) to analyze why the widely recognized ``valley of
        death'' remains an obstacle to the adaption by the private
        sector of Federal laboratory technologies for use in commercial
        markets.
    (d) Dissemination and Technical Assistance Program.--The Director
shall oversee a dissemination and technical assistance program to
assist with the immediate dissemination and implementation of the
practices, standards, and codes developed by the Technology
Administration.
    (e) Reports.--
            (1) Initial report.--Not later than 120 days after the date
        of enactment of this Act, the Director shall submit a report
        detailing the proposed schedule of studies and other activities
        to be undertaken under this Act to the Senate Committee on
        Commerce, Science, and Transportation and the House of
        Representatives Committee on Science.
            (2) Annual progress reports.--Not later than 12 months
        after the date of enactment of this Act, and annually
        thereafter, the Director shall submit a progress report to the
        committees described under paragraph (1), which summarizes the
        Technology Administration's activities under this Act.

SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    The Secretary shall designate a small business advocate within the
Department--
            (1) to increase the participation of small business
        concerns, including socially and economically disadvantaged
        small business concerns, in procurement, collaborative
        research, technology licensing, and technology transfer
        activities conducted by the National Laboratories or single-
        purpose research facilities;
            (2) to report to the National Laboratory Consortium on the
        actual participation of small business concerns in procurement
        and collaborative research along with recommendations, if
        appropriate, on how to improve participation;
            (3) to make available to small business concerns training,
        mentoring, and clear, up-to-date information on how to
        participate in procurement and collaborative research,
        including how to submit effective proposals, and information
        related to alternative approaches to resolution of disputes
        involving intellectual property rights and other technology
        transfer matters;
            (4) to increase awareness inside the National Laboratories
        and single-purpose research facilities of the capabilities and
        opportunities presented by small business concerns; and
            (5) to establish guidelines for a small business program
        under this Act and report on the effectiveness of such program
        to the Secretary.

SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES.

    (a) Establishment.--The Secretary shall establish a State and
Industry Task Force for the purpose of highlighting areas--
            (1) where the Federal government can help in State efforts
        to provide a complementary research and development
        environment; and
            (2) that exist where the Federal government could assist in
        efforts to help match Federal programs, to the extent possible,
        with State economic development efforts.
    (b) Membership.--The Task Force shall be comprised of not fewer
than 9 nor more than 15 members appointed by the Secretary, and shall
include such representatives from State and local governments,
industry, universities, professional societies, Government
laboratories, and other organizations as the Secretary considers
appropriate based on the Secretary's assessment of the technical and
other qualifications of such representatives.
    (c) Terms.--
            (1) In general.--The term of a member of the Task Force
        shall be 3 years.
            (2) Staggered terms.--The Secretary may appoint members of
        the Task Force in a manner that allows the terms of the members
        serving at any time to expire at spaced intervals so as to
        ensure continuity in the functioning of the Task Force.
            (3) Reappointment.--A member of the Task Force whose term
        expires may be reappointed.
    (d) Chairperson.--The Task Force shall have a chairperson, who
shall be elected by the members.
    (e) Cooperation.--The heads of Federal agencies shall cooperate
with the Task Force in carrying out the requirements of this section
and shall furnish to the Task Force such information as the committee
considers necessary to enable it to carry out its functions.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Technology
        Transfer Director appointed under section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (3) Small business concern.--The term ``small business
        concern'' has the meaning given that term in section 3 of the
        Small Business Act (15 U.S.C. 632).
            (4) Socially and economically disadvantaged small business
        concerns.--The term ``socially and economically disadvantaged
        small business concerns'' has the meaning given that term in
        section 8(a)(4) of the Small Business Act (15 U.S.C.
        637(a)(4)).

Summary: Innovation Competitiveness Act of 2004 - Directs the Secretary of Commerce to designate a Technology Transfer Director within the Technology Administration to perform oversight and policy and development for technology transfer activities at the Department of Commerce. Requires the Director to: (1) coordinate activities of the Interagency Working Group on Technolgy Transfer, (2) coordinate with certain technology partnership ombudsmans. And (3) establish procedures for coordinating the Commerce Department's technology transfer outreach activities between appropriate Federal agencies, including the National Technical Information Service and the Federal Laboratory Consortium for Technology Transfer. Directs the Secretary to establish a research program within the Technology Administration that: (1) involves consultation with the various units of the Commerce Department, (2) builds upon ongoing private sector efforts. And (3) involves consortia. Instructs the Director to work with industry, trade associations, professional societies, and others to: (1) develop improved technology transfer research tools and practices. And (2) conduct a specified study. Requires the Director to oversee a dissemination and technical assistance program for the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. Directs the Secretary to designate a small business advocate within the Commerce Department to: (1) increase the participation of small business concerns. And (2) establish guidelines for a small business program under this Act. Directs the Secretary to establish a State and Industry Task Force to highlight areas where the Federal Government can help States to provide a complementary research and development environment.

A bill to enhance the Federal investment in research and development and the development of innovative technologies, and for other purposes.