SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Renewable Energy
Investment Act''.

SEC. 2. INCREASE OF ENERGY CREDIT FOR EQUIPMENT USED TO GENERATE
              ELECTRICITY BY GEOTHERMAL POWER.

    (a) In General.--Clause (i) of section 48(a)(2)(A) of the Internal
Revenue Code of 1986 is amended--
            (1) in subclause (III), by striking ``and''; and
            (2) by adding at the end the following:
                                    ``(V) energy property described in
                                paragraph (3)(A)(iii), but only with
                                respect to periods ending before
                                January 1, 2017, and''.
    (b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

SEC. 3. EXTENSION OF SPECIFIED ENERGY PROPERTY GRANTS IN LIEU OF
              CREDIT.

    (a) In General.--Subsection (a) of section 1603 of the American
Recovery and Reinvestment Tax Act of 2009 is amended by striking
``unless such property--'' and all that follows through the period at
the end and inserting the following: ``unless such property is placed
in service before the credit termination date with respect to such
property.''.
    (b) Effective Date.--The amendment made by this section shall apply
to grants made after the date of the enactment of this Act.

SEC. 4. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT
              PARTIES.

    (a) In General.--Subpart B of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 457 the following new section:

``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX
              INDIFFERENT PARTIES.

    ``(a) In General.--Any compensation which is deferred under a
nonqualified deferred compensation plan of a nonqualified entity shall
be includible in gross income when there is no substantial risk of
forfeiture of the rights to such compensation.
    ``(b) Nonqualified Entity.--For purposes of this section, the term
`nonqualified entity' means--
            ``(1) any foreign corporation unless substantially all of
        its income is--
                    ``(A) effectively connected with the conduct of a
                trade or business in the United States, or
                    ``(B) subject to a comprehensive foreign income
                tax, and
            ``(2) any partnership unless substantially all of its
        income is allocated to persons other than--
                    ``(A) foreign persons with respect to whom such
                income is not subject to a comprehensive foreign income
                tax, and
                    ``(B) organizations which are exempt from tax under
                this title.
    ``(c) Determinability of Amounts of Compensation.--
            ``(1) In general.--If the amount of any compensation is not
        determinable at the time that such compensation is otherwise
        includible in gross income under subsection (a)--
                    ``(A) such amount shall be so includible in gross
                income when determinable, and
                    ``(B) the tax imposed under this chapter for the
                taxable year in which such compensation is includible
                in gross income shall be increased by the sum of--
                            ``(i) the amount of interest determined
                        under paragraph (2), and
                            ``(ii) an amount equal to 20 percent of the
                        amount of such compensation.
            ``(2) Interest.--For purposes of paragraph (1)(B)(i), the
        interest determined under this paragraph for any taxable year
        is the amount of interest at the underpayment rate under
        section 6621 plus 1 percentage point on the underpayments that
        would have occurred had the deferred compensation been
        includible in gross income for the taxable year in which first
        deferred or, if later, the first taxable year in which such
        deferred compensation is not subject to a substantial risk of
        forfeiture.
    ``(d) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Substantial risk of forfeiture.--
                    ``(A) In general.--The rights of a person to
                compensation shall be treated as subject to a
                substantial risk of forfeiture only if such person's
                rights to such compensation are conditioned upon the
                future performance of substantial services by any
                individual.
                    ``(B) Exception for compensation based on gain
                recognized on an investment asset.--
                            ``(i) In general.--To the extent provided
                        in regulations prescribed by the Secretary, if
                        compensation is determined solely by reference
                        to the amount of gain recognized on the
                        disposition of an investment asset, such
                        compensation shall be treated as subject to a
                        substantial risk of forfeiture until the date
                        of such disposition.
                            ``(ii) Investment asset.--For purposes of
                        clause (i), the term `investment asset' means
                        any single asset (other than an investment fund
                        or similar entity)--
                                    ``(I) acquired directly by an
                                investment fund or similar entity,
                                    ``(II) with respect to which such
                                entity does not (nor does any person
                                related to such entity) participate in
                                the active management of such asset (or
                                if such asset is an interest in an
                                entity, in the active management of the
                                activities of such entity), and
                                    ``(III) substantially all of any
                                gain on the disposition of which (other
                                than such deferred compensation) is
                                allocated to investors in such entity.
                            ``(iii) Coordination with special rule.--
                        Paragraph (3)(B) shall not apply to any
                        compensation to which clause (i) applies.
            ``(2) Comprehensive foreign income tax.--The term
        `comprehensive foreign income tax' means, with respect to any
        foreign person, the income tax of a foreign country if--
                    ``(A) such person is eligible for the benefits of a
                comprehensive income tax treaty between such foreign
                country and the United States, or
                    ``(B) such person demonstrates to the satisfaction
                of the Secretary that such foreign country has a
                comprehensive income tax.
            ``(3) Nonqualified deferred compensation plan.--
                    ``(A) In general.--The term `nonqualified deferred
                compensation plan' has the meaning given such term
                under section 409A(d), except that such term shall
                include any plan that provides a right to compensation
                based on the appreciation in value of a specified
                number of equity units of the service recipient.
                    ``(B) Exception.--Compensation shall not be treated
                as deferred for purposes of this section if the service
                provider receives payment of such compensation not
                later than 12 months after the end of the taxable year
                of the service recipient during which the right to the
                payment of such compensation is no longer subject to a
                substantial risk of forfeiture.
            ``(4) Exception for certain compensation with respect to
        effectively connected income.--In the case of a foreign
        corporation with income which is taxable under section 882,
        this section shall not apply to compensation which, had such
        compensation had been paid in cash on the date that such
        compensation ceased to be subject to a substantial risk of
        forfeiture, would have been deductible by such foreign
        corporation against such income.
            ``(5) Application of rules.--Rules similar to the rules of
        paragraphs (5) and (6) of section 409A(d) shall apply.
    ``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations disregarding a substantial risk of
forfeiture in cases where necessary to carry out the purposes of this
section.''.
    (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended
by striking ``and'' at the end of subparagraph (V), by striking the
period at the end of subparagraph (W) and inserting ``, and'', and by
adding at the end the following new subparagraph:
                    ``(X) section 457A(c)(1)(B) (relating to
                determinability of amounts of compensation).''.
    (c) Clerical Amendment.--The table of sections of subpart B of part
II of subchapter E of chapter 1 of such Code is amended by inserting
after the item relating to section 457 the following new item:

``Sec. 457A. Nonqualified deferred compensation from certain tax
                            indifferent parties.''.
    (d) Effective Date.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        amounts deferred which are attributable to services performed
        after December 31, 2008.
            (2) Application to existing deferrals.--In the case of any
        amount deferred to which the amendments made by this section do
        not apply solely by reason of the fact that the amount is
        attributable to services performed before January 1, 2009, to
        the extent such amount is not includible in gross income in a
        taxable year beginning before 2018, such amounts shall be
        includible in gross income in the later of--
                    (A) the last taxable year beginning before 2018, or
                    (B) the taxable year in which there is no
                substantial risk of forfeiture of the rights to such
                compensation (determined in the same manner as
                determined for purposes of section 457A of the Internal
                Revenue Code of 1986, as added by this section).
            (3) Accelerated payments.--No later than 120 days after the
        date of the enactment of this Act, the Secretary shall issue
        guidance providing a limited period of time during which a
        nonqualified deferred compensation arrangement attributable to
        services performed on or before December 31, 2008, may, without
        violating the requirements of section 409A(a) of the Internal
        Revenue Code of 1986, be amended to conform the date of
        distribution to the date the amounts are required to be
        included in income.
            (4) Certain back-to-back arrangements.--If the taxpayer is
        also a service recipient and maintains one or more nonqualified
        deferred compensation arrangements for its service providers
        under which any amount is attributable to services performed on
        or before December 31, 2008, the guidance issued under
        paragraph (4) shall permit such arrangements to be amended to
        conform the dates of distribution under such arrangement to the
        date amounts are required to be included in the income of such
        taxpayer under this subsection.
            (5) Accelerated payment not treated as material
        modification.--Any amendment to a nonqualified deferred
        compensation arrangement made pursuant to paragraph (4) or (5)
        shall not be treated as a material modification of the
        arrangement for purposes of section 409A of the Internal
        Revenue Code of 1986.

Summary: Enhancing Renewable Energy Investment Act - Amends the Internal Revenue Code to: (1) allow a 30 energy tax credit through 2016 for equipment used to produce electricity by geothermal power. And (2) require the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of certain foreign entities when there is no substantial risk of forfeiture of the rights to such compensation. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow an extension of the grant period for specified energy property in lieu of applicable tax credits.

To increase the energy credit for equipment used to generate electricity by geothermal power, to extend the grants for specified energy property, and for other purposes.


SECTION 1. DEPARTMENT OF AGRICULTURE PROGRAM TO ENCOURAGE AND ASSIST
              THE DONATION OF AGRICULTURAL COMMODITIES UNMARKETABLE
              UNDER MARKETING ORDERS.

    (a) Donation Program.--The Secretary of Agriculture shall establish
a program to encourage and assist producers, processors, and other
handlers of agricultural commodities described in subsection (b) to
donate such commodities to selected food banks, soup kitchens, and
homeless shelters in the United States to assist the homeless and
needy.
    (b) Agricultural Commodities for Donation.--The agricultural
commodities eligible for donation under the program established under
subsection (a) are agricultural commodities that, while still fit for
human consumption, are unmarketable because of grade, size, or quality
restrictions imposed by a marketing order issued under section 8c of
the Agricultural Adjustment Act (reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937) (7 U.S.C. 608c) or by a
marketing order or plan issued under another law relating to the
research and promotion of a specific agricultural commodity.
    (c) Selection of Participants.--The Secretary of Agriculture may
enter into agreements with producers, processors, and other handlers of
agricultural commodities described in subsection (b) who offer to make
such commodities available for donation under the program established
under subsection (a). As part of such an agreement, the Secretary may
agree to pay all or part of the costs incurred to harvest, handle,
package, or process the agricultural commodity to be donated if the
Secretary determines that--
            (1) the commodity would likely not be harvested, handled,
        packaged, or processed in the absence of the payment; and
            (2) volunteer harvesters or voluntary handling, packaging,
        or processing services are unavailable or unfeasible.
    (d) Eligible Food Banks, Soup Kitchens, and Homeless Shelters.--
            (1) Nomination by local governments.--Local governments in
        a State may nominate food banks, soup kitchens, and homeless
        shelters for selection to receive agricultural commodities
        under the program established under subsection (a). The
        nominations shall be submitted to the State official appointed
        by the chief executive of the State to receive such
        nominations.
            (2) State plan.--The State official referred to in
        paragraph (1) shall prepare a donation plan for the State based
        upon the nominations submitted under such paragraph. The
        official shall submit the plan to the Secretary of Agriculture
        at such times as the Secretary may require.
            (3) Selection by secretary.--Based upon the agricultural
        commodities and funds available for the program for a year, the
        Secretary of Agriculture shall review the submitted plans and
        select food banks, soup kitchens, and homeless shelters in each
        State to receive agricultural commodities under the program. If
        the State official referred to in paragraph (1) is not
        appointed for a State, the Secretary may establish an
        alternative method for the selection of food banks, soup
        kitchens, and homeless shelters in that State to receive
        agricultural commodities under the program.
            (4) Consultation.--The nomination and selection of food
        banks, soup kitchens, and homeless shelters under this
        subsection should be made after consultation with nonprofit
        organizations serving the homeless and needy and with other
        interested persons.
    (e) Distribution of Donated Agricultural Commodities.--The
Secretary of Agriculture, in consultation with the Secretary of
Transportation, shall enter into contracts with persons to collect,
store, and distribute agricultural commodities made available for
donation under the program established under subsection (a). Contracts
under this subsection shall be awarded on a competitive basis and may
be for such term as the Secretary of Agriculture considers to be
appropriate.
    (f) Funds for Program.--The Secretary of Agriculture shall use
funds available for the purposes of section 32 of the Act entitled ``An
Act to amend the Agricultural Adjustment Act, and for other
purposes.'', approved August 24, 1935 (7 U.S.C. 612c), to carry out the
program established under subsection (a), including the cost of
contracts entered into under subsection (e). Notwithstanding any other
provision of such section, the amount devoted to this program for a
fiscal year shall be equal to at least 25 percent of the unobligated
balance remaining under such section at the end of the preceding fiscal
year.
    (g) Definitions.--For purposes of this section:
            (1) The term ``food bank'' means a public or charitable
        institution that maintains an established operation involving
        the provision of food or edible commodities, or the products of
        food or edible commodities, to food pantries, soup kitchens,
        hunger relief centers, or other food or feeding centers that
        provide meals or food to homeless or needy individuals on a
        regular basis.
            (2) The term ``soup kitchen'' means a public or charitable
        institution that maintains an established feeding operation to
        provide meals for individuals and families who do not have
        access to food and who are nutritionally at risk, such as the
        homeless, the elderly, and the impoverished.
            (3) The term ``homeless shelter'' means a public or
        charitable institution that maintains an established feeding
        operation to provide meals to homeless or needy individuals as
        part of a regular program to provide shelter, bedding, health
        care services, drug and alcohol abuse counseling, or
        occupational training to such individuals.

Summary: Directs the Secretary of Agriculture to establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible but unmarketable commodities to selected US food banks, soup kitchens, and homeless shelters.

To encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible, but unmarketable, agricultural commodities to food banks, soup kitchens, and homeless shelters.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bank On Our Communities Act of
2009''.

SEC. 2. COMMUNITY CREDIT RENEWAL PROGRAM.

    Section 103 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5213) is amended--
            (1) by striking ``In exercising the authorities granted''
        and inserting the following:
    ``(a) In General.--In exercising the authorities granted'';
            (2) in paragraph (5), by inserting before the semicolon the
        following: ``, except that the needs of certain small financial
        institutions may be taken into account, as set forth in
        paragraph (6), and the viability of certain small financial
        institutions may be established, as set forth in subsection
        (b)(3)''; and
            (3) by adding at the end the following:
    ``(b) Community Credit Renewal Program.--
            ``(1) In general.--There is established within the Treasury
        the Community Credit Renewal Fund, which shall be used by the
        Secretary to provide assistance to community banking
        institutions in an amount not to exceed $15,000,000,000.
            ``(2) Transfer of funds.--Of amounts made available to
        carry out this title, the Secretary shall transfer
        $15,000,000,000 to Community Credit Renewal Fund for purposes
        of this subsection.
            ``(3) Determination of viability.--Notwithstanding any
        other provision of this title, the Secretary shall provide
        assistance under this subsection to any community banking
        institution, and a community banking institution may establish
        its long-term viability for purposes of subsection (a)(4), by
        demonstrating its receipt of capital from investors other than
        the Secretary, if--
                    ``(A) the amount of capital to be received from
                investors other than the Secretary is equal to or
                greater than the amount of capital to be received from
                the Secretary;
                    ``(B) the aggregate amount of capital to be
                received from the Secretary and from investors other
                than the Secretary is determined, on the basis of a
                forward-looking assessment by the institution by its
                management (in consultation with the appropriate
                Federal banking agency), to enable the community
                banking institution to remain well-capitalized (as
                determined by the appropriate Federal banking agency)
                even under a reasonably adverse economic scenario
                during the 2-year period following the date of receipt
                of such capital, and to increase the outstanding loans
                of the community banking institution, by December 31,
                2010, such that the total amount of commercial and
                industrial loans is at least 5 percent greater than the
                smallest amount of such loans held by the community
                banking institution, as of any quarter-end in calendar
                year 2009;
                    ``(C) not later than--
                            ``(i) 20 business days prior to the
                        proposed date of the investment by the
                        Secretary, the community banking institution
                        notifies the Secretary, or the designee
                        selected by the Secretary to receive such
                        notice, of the amount of capital that the
                        community banking institution proposes to
                        solicit from investors other than the
                        Secretary, on the condition that such capital
                        will be matched or supplemented by an
                        investment by the Secretary, and of the amount
                        of capital that the community banking
                        institution proposes be invested by the
                        Secretary; and
                            ``(ii) the close of business on the 5th
                        business day after the date of the receipt of
                        notice under clause (i) (or such longer period
                        as the Secretary may reasonably establish, up
                        to an additional 10 business days), the
                        Secretary does not notify the community banking
                        institution of the refusal of the Secretary to
                        make the matching or supplementary investment
                        and the grounds for such refusal, including the
                        determination of the Secretary, in consultation
                        with the appropriate Federal banking agency,
                        that the aggregate amount of capital to be
                        raised would not be enough to meet the
                        requirements of this subsection, provided,
                        however, that the Secretary may not refuse to
                        make a matching or supplementary investment to
                        an institution solely on the grounds that the
                        institution holds a CAMEL composite rating of 3
                        under the Uniform Financial Institutions Rating
                        System (or an equivalent rating under a
                        comparable rating system);
                    ``(D) the capital is received from investors other
                than the Secretary on the same day as the date of
                receipt of capital from the Secretary, and such date is
                prior to the earlier of--
                            ``(i) 9 months after the date of enactment
                        of this subsection; or
                            ``(ii) September 30, 2010; and
                    ``(E) the aggregate amount of funds invested by the
                Secretary under this subsection does not exceed
                $15,000,000,000.
            ``(4) Lending incentives and penalties.--
                    ``(A) Penalties.--
                            ``(i) In general.--The interest rate or
                        dividend to be paid on the Federal capital
                        provided under this subsection by a community
                        banking institution shall be increased to a
                        penalty rate established by the Secretary,
                        which shall be not less than 5 percentage
                        points higher than the initial dividend or
                        interest rate set for all community banking
                        institutions assisted under this subsection if,
                        by December 31, 2010, the community banking
                        institution has failed--
                                    ``(I) to increase its total amount
                                of commercial, industrial, and consumer
                                loans by a dollar amount that is equal
                                to the amount of capital received from
                                the Secretary; or
                                    ``(II) to increase its total amount
                                of commercial and industrial loans by a
                                dollar amount that is at least 5
                                percent greater than the smallest
                                amount of such loans held by the
                                community banking institution as of any
                                quarter end of the first three quarters
                                in calendar year 2009.
                            ``(ii) Exemption authority.--The Secretary
                        may provide for exceptions to the provisions of
                        this paragraph in the case of exigent
                        circumstances, as determined by the Secretary.
                    ``(B) Incentives for commercial and industrial
                loans.--Notwithstanding any other provision of this
                title--
                            ``(i) for each dollar that a community
                        banking institution that has received
                        assistance under this subsection does in
                        commercial and industrial loans above the
                        amounts described in subparagraph (A)(i)(II)--
                                    ``(I) the community banking
                                institution may redeem or repurchase
                                one dollar of securities or stock held
                                by the Secretary at a discount level
                                established by the Secretary, except
                                that such level shall be a minimum of
                                20 percent below par; or
                                    ``(II) the Secretary may, by rule,
                                allow for a reduction in the interest
                                or dividend paid on the securities; and
                            ``(ii) if the dollar increase in lending by
                        a community banking institution that has
                        received assistance under this subsection
                        exceeds the total Federal assistance under this
                        subsection, the Secretary may establish rules
                        for additional discounts on redemption of stock
                        or securities held by the Secretary.
            ``(5) Definitions.--As used in this subsection--
                    ``(A) the term `community banking institution'
                means a insured depository institution, or a holding
                company thereof, having total assets of less than
                $5,000,000,000; and
                    ``(B) the terms `insured depository institution'
                and `appropriate Federal banking agency' have the same
                meanings as in section 3 of the Federal Deposit
                Insurance Act (12 U.S.C. 1813).''.

Summary: Bank On Our Communities Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to provide that the needs and viability of insured depository institutions with total assets of less than $5 billion may be taken into account by the Secretary of the Treasury when exercising authority under EESA. Establishes within the Treasury the Community Credit Renewal Fund to provide up to $15 billion in assistance to community banking institutions. Prescribes the manner in which a community banking institution may establish its long-term viability by demonstrating receipt of capital from investors other than the Secretary. Subjects a community banking institution to penalties if has failed by December 31, 2010, to: (1) increase its total amount of commercial, industrial, and consumer loans by a dollar amount equal to the amount of capital received from the Secretary. Or (2) increase its total amount of commercial and industrial loans by a dollar amount at least 5 greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. Prescribes lending incentives to spur commercial and industrial loans by a community banking institution.

A bill to amend the Emergency Economic Stabilization Act of 2008, with respect to considerations of the Secretary of the Treasury in providing assistance under that Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Housing and Community
Renewal Development Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Congressional Findings.--The Congress finds the following:
            (1) Addressing the problem of contaminated abandoned
        industrial or commercial properties by funding programs that
        encourage the reuse of such properties must continue to be a
        priority of this country.
            (2) Brownfields grant programs funded through the
        Environmental Protection Agency (EPA) are utilized for
        environmental assessment, planning, job training, and cleanup.
            (3) EPA brownfields programs are not adequate to
        rehabilitate, demolish, or redevelop structures.
            (4) The Department of Housing and Urban Development is an
        appropriate agency to provide grants to redevelop contaminated,
        abandoned or underutilized buildings, which pose not only a
        possible health risk but also impact a community's quality of
        life.
            (5) Local communities need additional redevelopment
        programs that provide new flexibility to organizations to be
        part of community development efforts.
            (6) The Congress should fund appropriate Federal programs
        that allow communities to redevelop their neighborhoods and
        improve the quality of life in the surrounding areas.
    (b) Purpose.--The purpose of this Act is to empower local
communities and their partners to clean and redevelop brownfields in
their communities by providing--
            (1) flexibility for the development of local plans to
        address brownfields problems; and
            (2) access to economic development grant funds.

SEC. 3. GRANT PROGRAM TO PROMOTE COMMUNITY RENEWAL THROUGH BROWNFIELD
              REDEVELOPMENT.

    Section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308) is amended--
            (1) by redesignating subsection (r) as subsection (s); and
            (2) by inserting after subsection (q) the following new
        subsection:
    ``(r) Grant Program to Promote Community Renewal Through Brownfield
Redevelopment.--
            ``(1) Establishment of program.--The Secretary shall
        establish a program under this subsection to make grants to
        assist in carrying out redevelopment activities for brownfield
        sites and abandoned, idled, and underused industrial,
        commercial or housing structures located in brownfield sites.
            ``(2) Grantees and grant conditions.--A grant may be made
        under this subsection to a unit of general local government,
        including an agency of such a unit, an entity affiliated with
        such a unit, a nonprofit organization, or a community
        development corporation, but only pursuant to a grant proposal
        for redevelopment of a brownfield site or sites, which is
        submitted to and approved by the Secretary and ensures that the
        grant will be used for at least one of the following purposes:
                    ``(A) To benefit low and moderate income
                communities.
                    ``(B) To increase affordable housing opportunities.
                    ``(C) To address imminent threats or urgent
                community needs.
                    ``(D) To provide open spaces or parks.
            ``(3) Priority.--In awarding grants under this subsection,
        the Secretary shall give priority to grant proposals that
        ensure that the grant will be used for two or more of the
        objectives specified in subparagraphs (A) through (D) of
        paragraph (2).
            ``(4) Availability of assistance.--The Secretary shall not
        require, for eligibility to a grant under this section, that
        such grant amounts be used only in connection or conjunction
        with projects and activities assisted with a loan guaranteed
        under this section.
            ``(5) Grant amount.--Each grant award made under this
        subsection shall be of sufficient size to carry out the goals
        of this subsection, but shall not exceed $1,000,000.
            ``(6) Administrative costs.--A recipient of a grant under
        this subsection may use not more than 10 percent of the amount
        of the grant for reasonable administrative costs necessary in
        carrying out the brownfields project for which the grant is
        made.
            ``(7) Audits.--The Secretary shall establish and carry out
        procedures for auditing or reviewing grants made under this
        subsection.
            ``(8) Violations.--The Secretary shall establish and
        implement appropriate measures to sanction grantees who are
        found to have violated the requirements under this subsection
        or any grant conditions.
            ``(9) Definition.--For purposes of this subsection, the
        term `brownfield site' has the meaning given such term in
        section 101 of the Comprehensive Environmental Response,
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
            ``(10) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be
                appropriated for grants under this subsection
                $25,000,000 for fiscal year 2008, $50,000,000 for
                fiscal year 2009, and $75,000,000 for fiscal year 2010.
                    ``(B) Availability.--Any amounts appropriated
                pursuant to this paragraph shall remain available until
                expended.
            ``(11) Report to congress.--The Secretary shall submit a
        report to the Congress, not later than 30 months after the date
        of the enactment of the Brownfields Housing and Community
        Renewal Development Act, on the use and impact of the grant
        program under this subsection.''.

Summary: Brownfields Housing and Community Renewal Development Act - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a grants program for redevelopment activities for brownfield sites and abandoned, idled, and underused industrial, commercial, or housing structures located in brownfield sites.

To amend the Housing and Community Development Act of 1974 to provide financial assistance for the development and reuse of brownfields.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Meat and Poultry Products Inspection
Amendments of 1993''.

SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION
              ACT.

    (a) Removal of Intrastate Distribution Limitation.--Subsection
(a)(1) of section 301 of the Federal Meat Inspection Act (21 U.S.C.
661) is amended by striking ``solely for distribution within such
State.''.
    (b) Use of State Inspectors.--Subsection (a) of such section is
amended by adding at the end the following new paragraph:
            ``(5) In addition to appointing inspectors under section
        21, the Secretary may enter into agreements to utilize officers
        and employees of a State or the District of Columbia to conduct
        such examinations, investigations, and inspections authorized
        under this Act as the Secretary determines practicable.''.
    (c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Subsection (c)(3) of such
section is amended by striking ``, with respect to the operations and
transactions within such State which are regulated under subparagraph
(1), he'' and inserting ``with respect to all establishments within its
jurisdiction which do not operate under Federal inspection under title
I and at which any cattle, sheep, swine, goats, or equines are
slaughtered, or their carcasses, or parts or products thereof, are
prepared, for use as human food, and with respect to the distribution
of carcasses, parts thereof, meat, or meat food products of such
animals within the States, the Secretary''.
    (d) Expansion of State Inspection Authority.--Such section is
further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d)(1) Except as provided in paragraph (2), carcasses, parts of
carcasses, meat, and meat food products of cattle, sheep, swine, goats,
or equines prepared under State inspection in any State (other than a
State designated under subsection (c)) in compliance with the meat
inspection law of the State shall be eligible for sale or
transportation in interstate commerce, and for entry into and use in
the preparation of products in establishments at which Federal
inspection is maintained under title I, in the same manner and to the
same extent as products prepared at such establishments.
    ``(2) State inspected articles described in paragraph (1), and
federally inspected articles prepared (in whole or in part) from such
State inspected articles--
            ``(A) shall not be eligible for sale or transportation in
        foreign commerce; and
            ``(B) shall be separated at all times from all other
        federally inspected articles in any federally inspected
        establishment that engages in the preparation, sale, or
        transportation of carcasses, parts of carcasses, meat, or meat
        food products, for foreign commerce.
    ``(3) All carcasses, parts of carcasses, meat, and meat food
products that are inspected in a program of inspection in a State
(other than a State designated under subsection (c)) pursuant to State
law shall be identified as so inspected only by official marks that
identify the State and are such design as the State shall prescribe.
Federally inspected articles prepared (in whole or in part) from such
State inspected articles shall be identified as so inspected only by
the same official marks as prescribed by the Secretary for articles
slaughtered or prepared under title I.
    ``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only on October 1 of any year. Such transfer shall occur only if--
            ``(A) the operator provides written notice of the intention
        to transfer to both inspection agencies at least six months in
        advance of that date; and
            ``(B) the Secretary determines that the transfer will
        effectuate the purposes set forth in section 2 and will not
        adversely affect the stability of the total State and Federal
        inspection systems.
    ``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner which would require
Federal inspection.
    ``(6) For purposes of this subsection, the term `interstate
commerce' means commerce between States or between a State and the
District of Columbia.''.
    (e) Prohibition on Additional or Different State Requirements.--
Section 408 of such Act (21 U.S.C. 678) is amended to read as follows:
    ``Sec. 408. (a) Requirements within the scope of this Act with
respect to premises, facilities and operations of any establishment at
which inspection is provided under title I, which are in addition to,
or different than those made under this Act may not be imposed by any
State or Territory or the District of Columbia. However, any such
jurisdiction may impose recordkeeping and other requirements within the
scope of section 202, if consistent with such section, with respect to
any such establishment.
    ``(b)(1) Except as provided in paragraph (2), marking, labeling,
packaging, or ingredient requirements in addition to (or different
than) those made under this Act may not be imposed by any State or
Territory or the District of Columbia with respect to articles prepared
at any establishment under Federal inspection in accordance with the
requirements of title I or with respect to articles prepared for
commerce at any State inspected establishment in accordance with the
requirements of section 301(d).
    ``(2) A State or territory or the District of Columbia may,
consistent with the requirements under this Act, exercise concurrent
jurisdiction with the Secretary over articles distributed in commerce
or otherwise subject to this Act, for the purpose of preventing the
distribution for human food purposes of any such articles which are not
in compliance with the requirements under this Act and are outside of
any federally or State inspected establishment, or in the case of
imported articles, which are not at such an establishment, after their
entry into the United States.
    ``(c) This Act shall not preclude any State or Territory or the
District of Columbia from imposing a requirement or taking other
action, consistent with this Act, with respect to any other matters
regulated under this Act.''.

SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS
              INSPECTION ACT.

    (a) Removal of Intrastate Distribution Limitation.--Subsection
(a)(1) of section 5 of the Poultry Products Inspection Act (21 U.S.C.
454) is amended by striking ``solely for distribution within such
State.''.
    (b) Use of State Inspectors.--Subsection (a) of such section is
amended by adding at the end the following new paragraph:
            ``(5) The Secretary may enter into agreements to utilize
        officers and employees of a State or the District of Columbia
        to conduct such examinations, investigations, and inspections
        authorized under this Act as the Secretary determines
        practicable.''.
    (c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Subsection (c)(3) of such
section is amended by striking ``, with respect to the operations and
transactions within such State which are regulated under subparagraph
(1) of this paragraph (c), he'' and inserting ``with respect to all
establishments within its jurisdiction which do not operate under
Federal inspection under this Act and at which any poultry are
slaughtered, or any poultry products are processed, for use as human
food, and with respect to the distribution of poultry products within
the States, the Secretary''.
    (d) Expansion of State Inspection Authority.--Such section is
further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d)(1) Except as provided in paragraph (2), poultry products
processed under State inspection in any State (other than a State
designated under subsection (c)) in compliance with the poultry
products inspection law of the State shall be eligible for sale or
transportation in interstate commerce, and for entry into and use in
the preparation of products in establishments at which Federal
inspection is maintained under this Act, in the same manner and to the
same extent as poultry products processed at such establishments.
Poultry products complying with the requirements of the poultry product
inspection laws of the State (other than a State designated under
subsection (c)) in which the products were processed shall be
considered as complying with this Act.
    ``(2) State inspected poultry products described in paragraph (1),
and federally inspected poultry products processed (in whole or in
part) from such State inspected poultry products--
            ``(A) shall not be eligible for sale or transportation in
        foreign commerce; and
            ``(B) shall be separated at all times from all other
        federally inspected poultry products in any federally inspected
        establishment that engages in the processing, sale, or
        transportation of poultry products for foreign commerce.
    ``(3) All poultry products that are inspected in a program of
inspection in a State (other than a State designated under subsection
(c)) pursuant to State law shall be identified as so inspected only by
official marks that identify the State and are such design as the State
shall prescribe. Federally inspected poultry products processed (in
whole or in part) from such State inspected poultry products shall be
identified as so inspected only by the same official marks as
prescribed by the Secretary for poultry products processed under this
Act (other than this section or section 11).
    ``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only on October 1 of any year. Such transfer shall occur only if--
            ``(A) the operator provides written notice of the intention
        to transfer to both inspection agencies at least six months in
        advance of that date; and
            ``(B) the Secretary determines that the transfer will
        effectuate the legislative policy set forth in section 3 and
        will not adversely affect the stability of the total State and
        Federal inspection systems.
    ``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner which would require
Federal inspection.
    ``(6) For purposes of this subsection, the term `interstate
commerce' means commerce between States or between a State and the
District of Columbia.''.
    (e) Prohibition on Additional or Different State Requirements.--
Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows:
    ``Sec. 23. (a) Requirements within the scope of this Act with
respect to premises, facilities and operations of any official
establishment, which are in addition to, or different than those made
under this Act may not be imposed by any State or territory or the
District of Columbia. However, any such jurisdiction may impose
recordkeeping and other requirements within the scope of section 11(b),
if consistent with such section, with respect to any such
establishment.
    ``(b)(1) Except as provided in paragraph (2), marking, labeling,
packaging, or ingredient requirements in addition to (or different
than) those made under this Act may not be imposed by any State or
territory or the District of Columbia with respect to articles prepared
at any establishment under Federal inspection in accordance with the
requirements of this Act or with respect to articles prepared for
commerce at any State inspected establishment in accordance with the
requirements of section 5(d). Further storage or handling requirements
found by the Secretary to unduly interfere with the free flow of
poultry products in commerce shall not be imposed by any State or
territory or the District of Columbia.
    ``(2) A State or territory or the District of Columbia may,
consistent with the requirements of this Act, exercise concurrent
jurisdiction with the Secretary over articles distributed in commerce
or otherwise subject to this Act, for the purpose of preventing the
distribution for human food purposes of any such articles which are not
in compliance with the requirements of this Act and are outside of any
federally or State inspected establishment, or in the case of imported
articles, which are not at such an establishment, after their entry
into the United States.
    ``(c) This Act shall not preclude any State or territory or the
District of Columbia from making requirements or taking other action,
consistent with this Act, with respect to any other matters regulated
under this Act.''.

Summary: Meat and Poultry Products Inspection Amendments of 1993 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) remove the intrastate distribution requirement for Federal-State cooperation, (2) authorize the use of State inspectors, and (3) expand State inspection authority.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Honest Fishermen Act of
2015''.

SEC. 2. SEAFOOD SAFETY.

    (a) Coordination.--
            (1) National sea grant college program.--The Administrator
        of the National Oceanic and Atmospheric Administration shall
        ensure that the Administration's seafood inspection activities
        are coordinated with the national sea grant college program to
        provide outreach to the States, local health agencies,
        consumers, and the seafood industry on seafood safety.
            (2) Inspecting to prevent seafood fraud.--The Secretary of
        Commerce and the Secretary of Health and Human Services shall,
        to the maximum extent practicable, ensure that inspections and
        tests for seafood safety also collect information for seafood
        fraud detection and prevention.
    (b) List of Offenders.--The Secretary of Health and Human Services,
in consultation with the Secretary of Commerce, shall develop,
maintain, and post on the public website of the Department of Health
and Human Services a list that--
            (1) includes, by country, each exporter whose seafood is
        imported or offered for import into the United States; and
            (2) for each such exporter, tracks the timing, type, and
        frequency of violations of Federal law relating to seafood
        safety.
    (c) Impact on Existing Food Safety Authority.--Nothing in this
section limits the authority of the Secretary of Health and Human
Services to execute or enforce food safety laws, including the FDA Food
Safety Modernization Act (Public Law 111-353).

SEC. 3. SEAFOOD IDENTIFICATION.

    (a) Seafood Traceability Requirements.--
            (1) In general.--Beginning not later than the end of
        calendar year 2017, the Secretary of Commerce, in consultation
        with the Secretaries of Health and Human Services and Homeland
        Security, shall implement the following requirements with
        respect to seafood imported into the United States or otherwise
        distributed or offered for sale in interstate commerce:
                    (A) In addition to disclosure of the United Nations
                Food and Agriculture Organization Major Fishing Area,
                or a more specific location, in which the fish was
                caught, and of the information required to be submitted
                to the Secretary of Commerce under section 303(a)(5) of
                the Magnuson-Stevens Fishery Conservation and
                Management Act (16 U.S.C. 1853(a)(5)), at a minimum the
                following information shall be displayed on the
                packaging of, or otherwise accompany, seafood through
                processing, distribution, and final sale:
                            (i) The acceptable market name (as
                        determined by the Food and Drug Administration)
                        and scientific name for the seafood species.
                            (ii) Whether the seafood was harvested wild
                        or was farm-raised.
                            (iii) The method of harvest of the seafood
                        including gear type as listed in section
                        600.725 of title 50, Code of Federal
                        Regulations and defined in section 600.10 of
                        such title.
                            (iv) The date of the catch.
                            (v) The weight or number, as appropriate,
                        of product for an individual fish or lot.
                    (B) If seafood has been previously frozen, treated
                with any substance (other than ice or water) that may
                affect the true weight of the seafood, or processed in
                a country other than that in which it was landed or
                harvested, by any harvester, processor, distributor, or
                retailer, such information shall be included in the
                labeling of, or otherwise accompany, the seafood
                through processing, distribution, and final sale.
                    (C) If the seafood was farm-raised, that
                information, along with information regarding the
                country of cultivation, the location of the aquaculture
                production area, and the method of cultivation, shall
                be included in the labeling of, or otherwise accompany,
                the seafood through processing, distribution, and final
                sale.
                    (D) No importer, processor, distributor, or
                retailer may be found to be in violation of the
                requirements under this subsection for unknowingly
                selling a product that was already mislabeled upon
                receipt, provided that the importer, processor,
                distributor, or retailer can provide the required
                product traceability documentation.
            (2) Alternative means of disclosure for certain categories
        of information.--
                    (A) In general.--Notwithstanding paragraph (1),
                instead of including any category of information
                described in subparagraph (B) in the packaging or
                labeling of seafood, an importer, processor,
                distributor, or retailer (including a restaurant) may,
                with respect to such category, choose to satisfy the
                requirements of this paragraph by making the
                information available upon request to any Federal,
                State, or local official authorized to conduct
                inspections of--
                            (i) seafood; or
                            (ii) any facility that processes or sells
                        seafood.
                    (B) Categories.--The categories of information
                described in this subparagraph are--
                            (i) the information required to be
                        submitted to the Secretary of Commerce under
                        section 303(a)(5) of the Magnuson-Stevens
                        Fishery Conservation and Management Act (16
                        U.S.C. 1853(a)(5));
                            (ii) if the seafood was farm-raised, the
                        location of the aquaculture production area,
                        and the method of cultivation;
                            (iii) the date of the catch; and
                            (iv) the weight or number, as appropriate,
                        of product for an individual fish or lot.
            (3) Domestic fishermen.--Disclosure of data pursuant to
        section 303(a)(5) of the Magnuson-Stevens Fishery Conservation
        and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging
        in fishing on a vessel of the United States in the exclusive
        economic zone (as those terms are used in that Act) is deemed
        to be in compliance by such person with the requirements
        implemented under paragraph (1) of this subsection.
    (b) Refusal of Admission.--
            (1) In general.--Subject to paragraphs (3) and (4), all
        seafood imported or offered for import originating from an
        exporter shall be refused admission if--
                    (A) the Secretary of Commerce finds that any
                shipment of such seafood appears to be in violation of
                subsection (a); or
                    (B) the Secretary of Health and Human Services
                finds that any shipment of such seafood appears to be
                in violation of this Act or other applicable Federal
                laws or regulations.
            (2) Import certification.--For any exporter whose seafood
        products are refused admission under paragraph (1) based on a
        prior shipment, the Secretary of Health and Human Services
        shall determine whether to require, as a condition of granting
        admission into the United States to an article of seafood
        originating from such exporter, that such seafood be
        accompanied by a certification or other assurance under section
        801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
        381(q)).
            (3) Allowance of individual shipments.--Paragraph (1) does
        not apply with respect to an individual shipment of seafood
        originating from an exporter whose products must otherwise be
        refused admission under such paragraph if the exporter presents
        evidence to the Secretary of Health and Human Services or the
        Secretary of Commerce from a laboratory accredited under
        section 422 of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 350k), or other equivalent evidence, documenting that
        the shipment is in compliance with the provisions of subsection
        (a) and other applicable Federal laws or regulations
        prohibiting seafood fraud.
            (4) Termination of individual shipment screening
        requirement.--Paragraph (1) shall cease to prohibit the
        admission of seafood originating from an exporter based on a
        prior shipment if the Secretary of Health and Human Services or
        the Secretary of Commerce determines that--
                    (A) each prior shipment whose appearance triggered
                the application of such paragraph was in fact in
                compliance with the provisions of subsection (a) and
                other applicable Federal laws or regulations, including
                those prohibiting seafood fraud; or
                    (B) during the preceding 12 months, no shipment of
                seafood originating from the exporter has triggered the
                application of paragraph (1).
    (c) Penalties.--The Secretary of Commerce shall prevent any person
from violating this Act, or any Act to which this section applies, in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though sections 308 through 311 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through
1861) were incorporated into and made a part of and applicable to this
Act.
    (d) List of Offenders.--The Secretary of Commerce, in consultation
with the Secretary of Health and Human Services, shall develop,
maintain, and post on the public website of the Department of Commerce
a list that--
            (1) includes, by country, each exporter whose seafood is
        imported or offered for import into the United States; and
            (2) for each such exporter, tracks the timing, type, and
        frequency of violations of Federal law relating to seafood
        fraud.
    (e) Inspections.--The Secretary of Commerce, in consultation with
the Secretary of Health and Human Services, shall--
            (1) increase, as resources allow, the number of foreign and
        domestic seafood shipments that are inspected for seafood fraud
        by National Oceanic and Atmospheric Administration inspectors
        and authorized officers, including verification of compliance
        with the traceability requirements of subsection (a);
            (2) ensure that the percentage of seafood shipments
        inspected during a given year is not lower than the percentage
        inspected during the previous year; and
            (3) to the maximum extent practicable, ensure that
        inspections and tests for seafood fraud prevention also collect
        information to support the Secretary of Health and Human
        Services in implementing the seafood safety requirements of the
        FDA Food Safety Modernization Act (Public Law 111-353).
    (f) Impact on Existing Food Safety Authority.--Nothing in this
section shall be construed to limit the authority of the Secretary of
Health and Human Services to execute or enforce food safety laws or
regulations that may be adopted pursuant to the FDA Food Safety
Modernization Act (Public Law 111-353).

SEC. 4. AUTHORITY OF STATES.

    Whenever the attorney general of a State, or an official or agency
designated by a State, has reason to believe that any person has
engaged or is engaging in a pattern or practice of seafood fraud in
violation of subsection (a) or (b) of section 3, the State may bring a
civil action on behalf of its residents to enjoin fraud, an action to
recover for actual monetary loss or receive $10,000 in damages for each
violation, or both such actions. If the court finds the defendant
willfully or knowingly violated this Act, the court may, in its
discretion, increase the amount of the award to an amount equal to not
more than 3 times the amount available under the preceding sentence.
Nothing in this section shall preclude an individual from bringing a
civil action.

SEC. 5. PREEMPTION.

    Nothing in this Act preempts the authority of a State to establish
and enforce requirements for improving seafood safety and preventing
seafood fraud that are consistent with the requirements of this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``other applicable Federal laws and
        regulations'' means Federal statutes, regulations, and
        international agreements (other than this Act) pertaining to
        the importation, exportation, transportation, sale, harvest,
        processing, or trade of seafood, including the Magnuson-Stevens
        Fishery Conservation and Management Act (16 U.S.C. 1801 et
        seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
        seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
        et seq.), the FDA Food Safety Modernization Act (Public Law
        111-353), the Fair Packaging and Labeling Act (15 U.S.C. 1451
        et seq.), subtitle D of the Agricultural Marketing Act of 1946
        (7 U.S.C. 1638 et seq.), parts 60 and 65 of title 7, Code of
        Federal Regulations (or any successor regulations), and part
        123 of title 21, Code of Federal Regulations (or any successor
        regulations).
            (2) The term ``seafood'' means finfish, mollusks,
        crustaceans, and all other forms of marine animal and plant
        life other than marine mammals and birds.
            (3) The term ``seafood fraud'' means the mislabeling or
        misrepresentation of the information required under this Act or
        other applicable Federal laws and regulations.

Summary: Protecting Honest Fishermen Act of 2015 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to ensure that its seafood inspection activities are coordinated with the national sea grant college program to provide outreach on seafood safety to states, local health agencies, consumers, and the seafood industry. The Department of Commerce and the Department of Health and Human Services (HHS) must ensure that seafood inspections and tests collect information for seafood fraud detection and prevention. Seafood fraud is defined as the mislabeling or misrepresentation of seafood information. Seafood imported into the United States or distributed or offered for sale in interstate commerce must display through processing, distribution, and final sale: (1) the market and scientific species names, (2) whether the seafood was harvested wild or was farm-raised, (3) the harvest method and date of the catch, and (4) the weight or number of product for an individual fish or lot. Additional information is required for seafood that was: (1) previously frozen, treated with substances affecting weight, or processed in a country other than that in which it was landed or harvested. Or (2) farm-raised. The bill exempts importers, processors, distributors, or retailers from violations for unknowingly selling a product that was already mislabeled upon receipt, provided that such entities can produce the appropriate product traceability documentation. As an alternative to the disclosure requirements for certain categories of information, an importer, processor, distributor, or retailer may make the information available upon request to federal, state, or local officials authorized to conduct inspections of: (1) seafood, or (2) any facility that processes or sells seafood. Persons engaging in fishing on a US vessel in the exclusive economic zone under the Magnuson-Stevens Fishery Conservation and Management Act are deemed to be in compliance with traceability requirements if they disclose data required for a fishery management plan. Seafood imports from an exporter shall be refused admission if any shipment of such seafood appears to be in violation of such seafood traceability requirements or other applicable federal laws or regulations. An exception is provided for individual shipments if the exporter presents evidence of compliance from an accredited laboratory. HHS and Commerce must post on their public websites a list that: (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States. And (2) tracks, for each exporter, the timing, type, and frequency of violations. Commerce is required to: (1) increase the number of shipments inspected for seafood fraud by NOAA inspectors and authorized officers, (2) prevent the percentage of seafood shipments inspected from declining in a subsequent year, and (3) ensure that inspections for fraud prevention also collect seafood safety information. The bill also authorizes states to bring civil actions for seafood fraud violations.

Protecting Honest Fishermen Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Life-Saving New Therapies
for Neonates Act of 2015''.

SEC. 2. PROMOTING THE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR
              NEONATES.

    Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360aa et seq.) is amended by inserting after section 529
the following:

``SEC. 530. EXCLUSIVITY TO ENCOURAGE DEVELOPMENT OF SAFE AND EFFECTIVE
              THERAPIES FOR NEONATES.

    ``(a) Definitions.--In this section:
            ``(1) Neonatal drug.--The term `neonatal drug' means a drug
        for the prevention or treatment of a disease or condition of a
        preterm or full-term neonate.
            ``(2) Neonatal drug application.--The term `neonatal drug
        application' means a human drug application, as defined in
        section 735(1), that--
                    ``(A) is for a drug or biological product--
                            ``(i) that is for the prevention or
                        treatment of a disease or condition listed on
                        the Priority List of Critical Needs for
                        Neonates described in subsection (c); and
                            ``(ii) that contains no active ingredient
                        (including any ester or salt of the active
                        ingredient) that has been previously approved
                        in any other application under section
                        505(b)(1), 505(b)(2), or 505(j) of this Act or
                        section 351(a) or 351(k) of the Public Health
                        Service Act;
                    ``(B) is submitted under section 505(b)(1) of this
                Act or section 351(a) of the Public Health Service Act;
                    ``(C) the Secretary determines to be eligible for a
                neonatal drug exclusivity voucher, in accordance with
                subsection (b);
                    ``(D) relies on clinical data derived from studies
                examining a neonatal population and dosages of the drug
                intended for that population; and
                    ``(E) is approved after the date of the enactment
                of the Promoting Life-Saving New Therapies for Neonates
                Act of 2015.
            ``(3) Neonatal drug exclusivity voucher.--The term
        `neonatal drug exclusivity voucher' means a voucher issued by
        the Secretary to the sponsor of a neonatal drug application
        that entitles the holder of such voucher to one year of
        transferable extension of all existing patents and marketing
        exclusivities, including any extensions, for a single human
        drug with respect to an application submitted under section
        505(b)(1) or for a single human biologic product with respect
        to an application submitted under section 351(a) of the Public
        Health Service Act, including the 6-month period described in
        section 505A, the 4- and 5-year periods described in
        subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the
        3-year periods described in clauses (iii) and (iv) of
        subsection (c)(3)(E) and clauses (iii) and (iv) of subsection
        (j)(5)(F) of section 505, the 7-year period described in
        section 527, the 5-year period described in section 505E, and
        the 12-year period described in section 351(k)(7).
    ``(b) Neonatal Drug Exclusivity Voucher.--
            ``(1) In general.--The Secretary shall award a neonatal
        drug exclusivity voucher to the sponsor of a neonatal drug
        application upon approval by the Secretary of such neonatal
        drug application.
            ``(2) Transferability.--
                    ``(A) In general.--The sponsor of a neonatal drug
                application that receives a neonatal drug exclusivity
                voucher under this section may transfer (including by
                sale) the voucher to a sponsor of a human drug for
                which an application under section 505(b)(1) or section
                351 of the Public Health Service Act has been approved,
                will be submitted, or has been submitted.
                    ``(B) Nontransferability.--A neonatal exclusivity
                voucher may not be transferred to, or used for, a drug
                with respect to which all patents and exclusivities
                have expired as of the date of the transfer.
                    ``(C) Notification of transfer.--Each person to
                whom a voucher is transferred shall notify the
                Secretary of such change in ownership of the voucher
                not later than 30 calendar days after such transfer.
                    ``(D) Prohibition on additional fees.--The
                Secretary shall not apply a fee for the exercise of a
                voucher under this section. The preceding sentence
                shall not affect the authority of the Secretary to
                apply fees with respect to a neonatal drug application
                that are otherwise applicable under law.
                    ``(E) Revocation of voucher.--The Secretary may
                revoke any neonatal exclusivity voucher if the neonatal
                drug product for which such voucher was awarded is not
                marketed in the United States within the 365-day period
                beginning on the date of the approval of such drug
                under section 505 of this Act or section 351 of the
                Public Health Service Act.
            ``(3) Limitations.--
                    ``(A) No award for prior approved application.--A
                sponsor of a neonatal drug may not receive a voucher
                under this section if the neonatal drug application was
                submitted to the Secretary prior to the date of
                enactment of this section.
                    ``(B) Required pediatric research.--The Secretary
                shall limit grants of exclusivity under this section to
                drugs that are not required to complete neonatal
                studies under section 505B.
                    ``(C) No combining vouchers.--A sponsor may not use
                a neonatal exclusivity voucher on a product for which
                the sponsor also intends to use a voucher obtained or
                purchased pursuant to section 524 or section 529.
            ``(4) Notification of intent to use voucher.--
                    ``(A) Notification by sponsor.--The sponsor of a
                human drug application intending to use a voucher
                awarded or transferred under this section shall notify
                the Secretary not later than 15 months prior to loss of
                patent and exclusivities on the drug for which the
                voucher will be redeemed, in such form as the Secretary
                may require.
                    ``(B) Notification by secretary.--Within 30
                calendar days of such notification to the Secretary,
                the Secretary shall notify the sponsor of its
                eligibility to redeem a voucher for the intended drug.
    ``(c) Priority List of Critical Needs for Neonates.--
            ``(1) In general.--The Secretary, in consultation with the
        Pediatric Advisory Committee, the National Institutes of
        Health, the International Neonatal Consortium sponsored by
        Critical Path Institute, and other stakeholders, shall, within
        one year of the date of enactment of the Promoting Life-Saving
        New Therapies for Neonates Act of 2015--
                    ``(A) develop and publish a list of critical
                research priorities related to specific diseases or
                conditions common to the neonatal population (referred
                to as the `Priority List of Critical Needs for
                Neonates');
                    ``(B) issue guidance specific to the neonatal drug
                exclusivity voucher program; and
                    ``(C) perform other activities necessary to support
                neonatal drug applications.
            ``(2) Public comment.--The Secretary shall provide a period
        of public notice and comment on the proposed list and shall
        hold public meetings to elicit input from patient advocacy and
        other organizations prior to publishing the final list.
            ``(3) Subsequent update.--The Secretary may revise, and
        publish in accordance with paragraph (1)(A), the Priority List
        of Critical Needs for Neonates every 3 years, or as frequently
        as the Secretary determines necessary.
            ``(4) Restriction on removal from list.--No disease or
        condition on the Priority List of Critical Needs for Neonates
        may be removed until after completion of the study and report
        under subsection (d).
    ``(d) GAO Study and Report.--
            ``(1) Study.--
                    ``(A) In general.--Beginning 8 years after the date
                of enactment of the Promoting Life-Saving New Therapies
                for Neonates Act of 2015 or on the date that the
                Secretary awards the third neonatal exclusivity voucher
                under this section, whichever is earlier, the
                Comptroller General of the United States shall conduct
                a study of the effectiveness of the program under this
                section for the development of human drugs to treat and
                prevent diseases or conditions in the neonatal
                population.
                    ``(B) Contents of the study.--In conducting the
                study under subparagraph (A), the Comptroller General
                shall examine the following:
                            ``(i) The number of neonatal drug vouchers
                        awarded under this section.
                            ``(ii) The indications for each drug for
                        which a neonatal exclusivity voucher was
                        approved under section 505 or section 351 of
                        the Public Health Service Act, and whether any
                        other drugs with indications for populations
                        other than neonates were approved with an
                        indication for neonates under those sections.
                            ``(iii) Whether, and to what extent, an
                        unmet need related to the treatment or
                        prevention of a disease or condition that
                        affects the neonatal population was met through
                        the approval of a neonatal drug.
                            ``(iv) The value of the neonatal
                        exclusivity voucher if transferred.
                            ``(v) Identification of each drug for which
                        a neonatal exclusivity voucher was used.
                            ``(vi) The length of the period of time
                        between the date on which a neonatal
                        exclusivity voucher was awarded and the date on
                        which it was used.
            ``(2) Report.--Not later than 1 year after the date under
        paragraph (1)(A), the Comptroller General shall submit to the
        Committee on Health, Education, Labor, and Pensions of the
        Senate and the Committee on Energy and Commerce of the House of
        Representatives a report containing the results of the study
        under paragraph (1).''.

Summary: Promoting Life-Saving New Therapies for Neonates Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to award the sponsor of a new drug or biological product for the treatment of newborns a neonatal drug exclusivity voucher upon approval of the medication. A neonatal drug exclusivity voucher is a transferable voucher for a one-year extension of all existing patents and marketing exclusivities for a brand name medication. For a sponsor to be eligible for a voucher, the new medication must: (1) treat a condition identified in the Priority List of Critical Needs for Neonates required under this Act, and (2) have been studied in newborns. A voucher may be revoked if the new medication is not marketed in the United States within one year of approval. A voucher may not be used: (1) to extend the marketing exclusivity period for a drug for which the FDA requires an assessment of the safety and effectiveness in newborns, or (2) on the same product as a priority review voucher. A sponsor intending to use a voucher must notify the FDA at least 15 months before the expiration of the patents or exclusivity to be extended. The Government Accountability Office must study the effectiveness of this voucher program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Secrets Safety Act of
2000''.

SEC. 2. INVENTORY OF RESTRICTED DATA AT NATIONAL
              SECURITY LABORATORIES.

    (a) Inventory Required.--Not later than 90 days after the date of
the enactment of this Act, the Administrator for Nuclear Security shall
conduct an inventory of each document or device at each national
security laboratory that contains Restricted Data and shall submit to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report containing the
results of that inventory.
    (b) Definitions.--For purposes of this section:
            (1) The term ``national security laboratory'' has the
        meaning given such term in section 3281 of the National Nuclear
        Security Administration Act (50 U.S.C. 2471).
            (2) The term ``Restricted Data'' has the meaning given such
        term in paragraphs (1) and (2) of section 11 y. of the Atomic
        Energy Act of 1954 (42 U.S.C. 2014(y)).

SEC. 3. INCREASED SECURITY FOR VAULTS AT NATIONAL SECURITY
              LABORATORIES.

    (a) Access to Vaults.--(1) Section 3234 of the National Nuclear
Security Administration Act (50 U.S.C. 2424) is amended--
            (A) by striking ``The Administrator'' and inserting ``(a)
        Procedures Required.--The Administrator''; and
            (B) by adding at the end the following new subsection:
    ``(b) Access to Vaults at National Security Laboratories.--With
respect to any vault containing Restricted Data at any national
security laboratory, the procedures shall, at a minimum, provide that
an individual shall not have unrestricted access to any such vault
except in accordance with the following requirements:
            ``(1) Before each such access, the identity of the
        individual is verified by--
                    ``(A) an attendant through direct visual
                observation;
                    ``(B) biometric technology; or
                    ``(C) other means providing a high confidence level
                in verifying the identity of the individual.
            ``(2) For each such access, a permanent record of such
        access is maintained.
    ``(c) Change of Lock Combinations to Vaults at National Security
Laboratories.--The Administrator shall ensure, for each vault
containing Restricted Data at each national security laboratory, that
the combination of each lock to such vault is changed not later than--
            ``(1) one week after each removal of an individual from the
        list of individuals permitted access to such vault; and
            ``(2) 12 months after the date on which the combination was
        last changed.''.
    (2) The requirements of subsection (b) of section 3234 of such Act
(as added by paragraph (1)) shall apply to each access referred to in
that subsection that occurs after the expiration of the 24-hour period
beginning upon the enactment of this Act.
    (3) The Administrator for Nuclear Security shall ensure, for each
vault containing Restricted Data at each national security laboratory,
that the combination of each lock to such vault is changed not later
than 30 days after the date of the enactment of this Act.
    (b) Report on NNSA Polygraph Policy.--(1) Not later than 90 days
after the date of the enactment of this Act, the Administrator for
Nuclear Security shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the policy recommendations of the
Adminstrator regarding the use of counterintelligence polygraph
examinations within the National Nuclear Security Administration. The
report shall contain the recommendations of the Administrator as to
what the policy of the Administration should be regarding--
            (A) the use of such examinations generally as a
        prerequisite to access (restricted or unrestricted) to
        Restricted Data; and
            (B) the use of such examinations as a prerequisite to
        access (restricted or unrestricted) to vaults containing
        Restricted Data.
    (2) For purposes of this section, the term ``Restricted Data'' has
the meaning given such term in paragraphs (1) and (2) of section 11 y.
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

SEC. 4. USE OF ELECTRONIC LOCKS FOR CLASSIFIED AREAS AND CLASSIFIED
              INFORMATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    Section 3234 of the National Nuclear Security Administration Act
(50 U.S.C. 2424), as amended by section 3 of this Act, is further
amended by adding at the end the following new subsection:
    ``(d) Electronic Locks Required.--The Administrator shall ensure
that, after October 1, 2002, each lock used by the Administration to
secure any vault, safe, or other container used to store Restricted
Data is an electronic lock that meets or exceeds the FF-L-2740A lock
standard of the General Services Administration, as in effect on the
date of the enactment of the Nuclear Secrets Safety Act of 2000.''.

            Amend the title so as to read: ``A bill to require an
        inventory of documents and devices containing Restricted Data
        at the national security laboratories of the National Nuclear
        Security Administration, to improve security procedures for
        access to the vaults containing Restricted Data at those
        laboratories, and for other purposes.''.

Summary: Amends the National Nuclear Security Administration Act, with respect to procedures for ensuring that any individual is not permitted access to any classified area of a laboratory vault containing Restricted Data, to require such procedures, at a minimum, to provide that an individual shall not have access to any such vault unless, before each access, the individual's identity is verified by an attendant through direct visual observation. Requires the counterintelligence program at each such laboratory to include a polygraph program for individuals with access to any vault containing Restricted Data. Requires each such individual to undergo a polygraph examination within one year after having access to any such vault, in particular within 30 days after first access . Requires the Administrator for Nuclear Security to ensure that the combination of each lock to each laboratory vault containing Restricted Data is changed not later than 30 days after enactment of this Act.

Nuclear Secrets Safety Act of 2000


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accessing Medicare Therapies Act of
2013''.

SEC. 2. COUNTING THE NEGOTIATED PRICE OF DRUGS PROVIDED FREE OR AT
              NOMINAL CHARGE UNDER COMPASSIONATE TREATMENT PROGRAMS
              TOWARDS INCURRED OUT-OF-POCKET COSTS.

    (a) In General.--Section 1860D-2(b)(4) of the Social Security Act
(42 U.S.C. 1395w-102(b)(4)) is amended--
            (1) in subparagraph (C), by striking ``subparagraph (E)''
        and inserting ``subparagraphs (E) and (F)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) Inclusion of negotiated price of drugs
                provided under compassionate treatment programs.--
                            ``(i) In general.--In applying subparagraph
                        (A) with respect to an individual enrolled in a
                        prescription drug plan, incurred costs shall
                        include the negotiated price described in
                        clause (ii) of a covered part D drug if--
                                    ``(I) the drug is classified, for
                                purposes of applying tiered copayments
                                consistent with section 1860D-
                                2(b)(2)(B), in the highest copayment
                                tier (such as a tier 4 for specialty
                                brand-name drugs);
                                    ``(II) the drug is furnished to the
                                individual free or at nominal charge
                                under a compassionate treatment program
                                (as defined in clause (iii)); and
                                    ``(III) the drug, if furnished
                                other than through such program, is
                                covered under the formulary of the plan
                                or is available through exception or
                                appeal.
                            ``(ii) Negotiated price.--The negotiated
                        price described in this clause, for a covered
                        part D drug which is dispensed to an enrollee--
                                    ``(I) by a pharmacy, is the
                                negotiated price at such pharmacy; or
                                    ``(II) other than by a pharmacy, is
                                the average negotiated price for the
                                drug in the prescription drug plan in
                                the zip code of the enrollee as of the
                                date the drug is dispensed.
                            ``(iii) Compassionate treatment program
                        defined.--In this subparagraph, the term
                        `compassionate treatment program' means, with
                        respect to covered part D drugs, a program
                        that--
                                    ``(I) is administered by an entity
                                described in section 501(c)(3) of the
                                Internal Revenue Code of 1986 that is
                                exempt from tax under section 501(a) of
                                such Code;
                                    ``(II) takes title to the drugs and
                                distributes the drugs to eligible part
                                D individuals free or at nominal charge
                                on the basis of the entity's assessment
                                of financial need of such individuals;
                                    ``(III) does not distribute the
                                drugs to an individual unless the
                                individual's household income (as
                                determined under section 36B of the
                                Internal Revenue Code of 1986) is less
                                than the maximum income level for the
                                taxpayer in the household to be
                                eligible for a refundable credit under
                                such section; and
                                    ``(IV) meets such additional
                                requirements as the Inspector General
                                of the Department of Health and Human
                                Services establishes, consistent with
                                guidance and advisory opinions issued
                                under section 1128D, to prevent fraud
                                or abuse in the application of this
                                subparagraph.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to drugs furnished in plan years beginning on or after January 1,
2014.

Summary: Accessing Medicare Therapies Act of 2013 - Amends part D of title XVIII (Medicare) of the Social Security Act, with respect to cost-sharing under a prescription drug plan, to require incurred costs to include the negotiated price of a covered part D drug if the drug is: (1) classified in the highest copayment tier. (2) furnished to the individual free or at nominal charge under a compassionate treatment program. And (3) covered under the formulary of the plan, if the drug is furnished other than through such a program, or is available through exception or appeal.