SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Medicare Patient
IVIG Access Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare payment for intravenous immune globulins (IVIG).
Sec. 4. Coverage and payment of intravenous immune globulin in the
                            home.
Sec. 5. Collection of data and review of complexity codes for physician
                            administration of IVIG.
Sec. 6. Reports.
Sec. 7. Offset.

SEC. 2. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) The 2001 report of the Medicare Payment Advisory
        Commission to Congress states that ``to help ensure
        beneficiaries' access to high-quality care, Medicare payments
        should correspond to the cost efficient providers incur in
        furnishing this care''. Payments that do not meet this
        objective may create barriers to access.
            (2) Intravenous immune globulin (IVIG) is a human blood
        plasma derived product, which over the past 25 years has become
        an invaluable therapy for many chronic conditions and
        illnesses, including primary immunodeficiency diseases,
        autoimmune, and neurological disorders. For many of these
        disorders, IVIG is the most effective and viable treatment
        available, and has dramatically improved the quality of life
        for persons with these conditions and has become a life-saving
        therapy for many.
            (3) The Food and Drug Administration (FDA) recognizes each
        IVIG brand as a unique biologic. The differences in basic
        fractionation and the addition of various modifications for
        further purification, stabilization, and virus inactivation/
        removal yield clearly different biological products. As a
        result, IVIG therapies are not interchangeable, with patient
        tolerance differing from one IVIG brand to another.
            (4) The report of the Office of the Assistant Secretary for
        Planning and Evaluation (ASPE), Department of Health and Human
        Services (DHHS), ``Analysis of Supply, Distribution, Demand,
        and Access Issues Associated with Immune Globulin Intravenous
        (IGIV)'', issued in May 2007, found that IVIG manufacturing is
        complex and requires substantial upfront cash outlay and
        planning and takes between 7 and 12 months from plasma
        collection at donor centers to FDA lot release.
            (5) The Medicare Prescription Drug, Improvement, and
        Modernization Act of 2003 changed Medicare's reimbursement
        methodology for IVIG from average wholesale price (AWP) to
        average sales price plus 6 percent (ASP+6), effective January
        1, 2005, for physicians, and January 1, 2006, for hospital
        outpatient departments, thereby reducing reimbursement rates
        paid to these providers of IVIG on behalf of Medicare
        beneficiaries.
            (6) An Office of the Inspector General (OIG) April 2007
        report, Intravenous Immune Globulin: Medicare Payment and
        Availability, found that Medicare reimbursement for IVIG was
        inadequate to cover the cost many providers must pay for the
        product. During the third quarter of 2006, 44 percent of IVIG
        sales to hospitals and 41 percent of sales to physicians by the
        three largest distributors occurred at prices above Medicare
        payment amounts.
            (7) The ASPE report notes that after the new reimbursement
        rules for physicians were instituted in 2005, 42 percent of
        Medicare beneficiaries who had received their IVIG treatment in
        their physician's office at the end of 2004 were shifted to the
        hospital outpatient setting by the beginning of 2006. This
        shift in site of care has resulted in lack of continuity of
        care and adverse impact on health outcomes and quality of life.
            (8) The OIG also reported that 61 percent of responding
        physicians indicated that they had sent patients to hospitals
        for IVIG treatment, largely because of their inability to
        purchase IVIG at prices below the Medicare payment amounts. In
        addition, OIG found that some physicians had stopped providing
        IVIG to Medicare beneficiaries altogether.
            (9) The OIG's 2007 report concluded that whatever
        improvement some providers saw in the relationship of Medicare
        reimbursement for IVIG to prices paid during the first three
        quarters of 2006 would be eroded if manufacturers were to
        increase prices for IVIG in the future.
            (10) The Centers for Medicare & Medicaid Services, in
        recognition of dislocations experienced by patients and
        providers in obtaining IVIG since the change to the ASP+6
        reimbursement methodology, has provided during 2006 and 2007 a
        temporary additional payment for IVIG preadministration-related
        services to compensate physicians and hospital outpatient
        departments for the extra resources they have had to expend in
        locating and obtaining appropriate IVIG products and in
        scheduling patient infusions.
            (11) The Medicare Modernization Act of 2003 (MMA)
        established an IVIG home infusion benefit for persons with
        primary immunodeficiency disease (PIDD), paying only for IVIG
        and specifically excluding coverage of items and services
        related to administration of the product.
            (12) The ASPE report, Analysis of Supply, Distribution,
        Demand, and Access Issues Associated with Immune Globulin
        Intravenous (IGIV), found that Medicare's IVIG home infusion
        benefit is not designed to reimburse for more than the cost of
        IVIG and does not cover the cost of infusion services (for
        example, nursing and clinical services and supplies) in the
        home. As a consequence, the report found that home infusion
        providers generally do not accept new PIDD patients with only
        Medicare coverage. These limitations in service are caused by
        health care providers--
                    (A) not being able to acquire IVIG at prices at or
                below the Medicare part B reimbursement level; and
                    (B) not being reimbursed for the infusion services
                provided by a nurse.
            (13) Physicians administering IVIG to Medicare
        beneficiaries are reimbursed at the same low complexity level
        as the administration of antibiotics. However the
        administration of IVIG requires special preparation and
        handling, involves significant patient risk, and prolonged
        nursing time to monitor the patient during infusion.

SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS (IVIG).

    (a) In General.--Section 1842(o) of the Social Security Act (42
U.S.C. 1395u(o)) is amended--
            (1) in paragraph (1)(E)(ii), by inserting before the period
        the following: ``, plus an additional amount (if applicable)
        under paragraph (7)'';
            (2) in paragraph (7), by striking ``(6)'' and inserting
        ``(7)'' and by redesignating it as paragraph (8); and
            (3) by inserting after paragraph (6) the following new
        paragraph:
            ``(7)(A) Not later than 6 months after the date of the
        enactment of the Medicare Patient IVIG Access Act of 2009, the
        Secretary shall--
                    ``(i) collect data on the differences, if any,
                between payments to physicians for immune globulins
                under paragraph (1)(E)(ii) and costs incurred by
                physicians for furnishing these products; and
                    ``(ii) review available data, including survey data
                presented by members of the IVIG community and pricing
                data collected by the Federal Government, on the access
                of individuals eligible for services under this part to
                immune globulins.
            ``(B) Upon completion of the review and collection of data
        under subparagraph (A), and not later than 7 months after the
        date of the enactment of this paragraph, the Secretary shall
        provide, if appropriate, to physicians furnishing immune
        globulins, a payment, in addition to the payment provided for
        in paragraph (1)(E)(ii), for all items related to the
        furnishing of immune globulins, in an amount that the Secretary
        determines to be appropriate. Such payment shall continue for a
        period of 2 years beginning on the date such additional payment
        is first provided under this subparagraph.''.
    (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14)
of such Act (42 U.S.C. 1395l(t)(14)) is amended--
            (1) in subparagraph (A)(iii), in the matter preceding
        subclause (I), by striking ``subparagraph (E)'' and inserting
        ``subparagraphs (E) and (I)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(I) Additional payment for immune globulins.--
                            ``(i) Data collection and review.--Not
                        later than 6 months after the date of the
                        enactment of the Medicare Patient IVIG Access
                        Act of 2009, the Secretary shall--
                                    ``(I) review available data,
                                including survey data presented by
                                members of the IVIG community and
                                pricing data collected by the Federal
                                Government, on the access of
                                individuals eligible for services under
                                this part to immune globulins; and
                                    ``(II) collect data on the
                                differences, if any, between payments
                                for immune globulins under subparagraph
                                (A)(iii) and costs incurred for
                                furnishing these products.
                            ``(ii) Additional payment authority.--Upon
                        completion of the review and collection of data
                        under clause (i), and not later than 7 months
                        after the date of the enactment of this
                        subparagraph, the Secretary shall provide, if
                        appropriate, to hospitals furnishing immune
                        globulins as part of a covered OPD service, a
                        payment, in addition to the payment provided
                        for under subparagraph (A)(iii), for all items
                        related to the furnishing of immune globulins,
                        in an amount that the Secretary determines to
                        be appropriate. Such payment shall continue for
                        a period of 2 years beginning on the date such
                        additional payment is first provided under this
                        clause.''.

SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE
              HOME.

    (a) Including Coverage of Administration.--Section 1861 of the
Social Security Act (42 U.S.C. 1395x) is amended--
            (1) in subsection (s)(2)(Z), by inserting ``and items and
        services related to the administration of intravenous immune
        globulin'' after ``globulin''; and
            (2) in subsection (zz), by striking ``but not including
        items or services related to the administration of the
        derivative,''.
    (b) Payment for Intravenous Immune Globulin Administration in the
Home.--Section 1842(o) of such Act (42 U.S.C. 1395u(o)), as amended by
section 3(a), is amended--
            (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)''
        and inserting ``paragraph (7) or (8)'';
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following new
        paragraph:
            ``(8)(A) Subject to subparagraph (B), in the case of
        intravenous immune globulins described in section 1861(s)(2)(Z)
        that are furnished on or after January 1, 2010, the Secretary
        shall provide for a separate payment for items and services
        related to the administration of such intravenous immune
        globulins in an amount that the Secretary determines to be
        appropriate based on a review of available published and
        unpublished data and information, including the Study of
        Intravenous Immune Globulin Administration Options: Safety,
        Access, and Cost Issues conducted by the Secretary (CMS
        Contract #500-95-0059). Such payment amount may take into
        account the following:
                    ``(i) Pharmacy overhead and related expenses.
                    ``(ii) Patient service costs.
                    ``(iii) Supply costs.
            ``(B) The separate payment amount provided under this
        paragraph for intravenous immune globulins furnished in 2010 or
        a subsequent year shall be equal to the separate payment amount
        determined under this paragraph for the previous year increased
        by the percentage increase in the medical care component of the
        consumer price index for all urban consumers (United States
        city average) for the 12-month period ending with June of the
        previous year.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to intravenous immune globulin administered on or after
January 1, 2010.

SEC. 5. COLLECTION OF DATA AND REVIEW OF COMPLEXITY CODES FOR PHYSICIAN
              ADMINISTRATION OF IVIG.

    (a) Data Collection.--The Secretary of Health and Human Services
may enter into a contract for the collection of data, by not later than
6 months after the date of the enactment of this Act, on the practice
of IVIG infusion, including collection of data on the complexity of
such infusions.
    (b) Data Review.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall review data collected under
such contract as well as data submitted by members of the medical
community related to the current infusion payment codes under part B of
title XVIII of the Social Security Act.
    (c) Modification of Codes.--Upon completion of any data collection
under subsection (a) and the review under subsection (b) and not later
than 7 months after the date of the enactment of this Act, the
Secretary shall--
            (1) provide notice to the appropriate Medicare
        administrative contractors regarding which existing infusion
        codes shall be used for purposes of IVIG reimbursement under
        part B of title XVIII of the Social Security Act; or
            (2) submit to Congress and the RBRUS Committee (RUC) a
        report on why an additional infusion payment code is necessary.

SEC. 6. REPORTS.

    (a) Report by the Secretary.--Not later than 7 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall submit a report to Congress on the following:
            (1) The results of the data collection and review conducted
        by the Secretary under subparagraph (A) of section 1842(o)(7)
        of the Social Security Act, as added by section 3(a), and
        clause (i) of section 1833(t)(14)(I) of such Act, as added by
        section 3(b).
            (2) Whether the Secretary plans to use the authority under
        subparagraph (C) of such section 1842(o)(7) and clause (iii) of
        such section 1833(t)(14)(I) of such Act to provide an
        additional payment to physicians furnishing intravenous immune
        globulins and, if the Secretary does not plan to use such
        authority, the reasons why the payment is appropriate without
        such an additional payment based on the data collected and
        reviewed.
    (b) MedPAC Report.--Not later than 2 years after the date of the
enactment of this Act, the Medicare Payment Advisory Commission shall
submit a report to the Secretary and to Congress that contains the
following:
            (1) In the case where the Secretary has used the authority
        under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the
        Social Security Act, as added by subsections (a) and (b),
        respectively, of section 3 to provide an additional payment to
        physicians furnishing intravenous immune globulins during the
        preceding year, an analysis of whether beneficiary access to
        intravenous immune globulins under the Medicare program under
        title XVIII of the Social Security Act has improved as a result
        of the Secretary's use of such authority.
            (2) An analysis of the appropriateness of implementing a
        new methodology for payment for intravenous immune globulins
        under part B of title XVIII of the Social Security Act (42
        U.S.C. 1395k et seq.).
            (3) An analysis of the feasibility of reducing the lag time
        with respect to data used to determine the average sales price
        under section 1847A of the Social Security Act (42 U.S.C.
        1395w-3a).
            (4) Recommendations for such legislation and administrative
        action as the Medicare Payment Advisory Commission determines
        appropriate.

SEC. 7. OFFSET.

    Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is
amended by adding at the end the following: ``Such term includes
disposable drug delivery systems, including elastomeric infusion pumps,
for the treatment of colorectal cancer.''.

Summary: Medicare Patient IVIG Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to collect data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology. And (2) costs incurred by physicians for furnishing these products. Requires the Secretary also to review data on the access of eligible individuals to immune globulins. Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services. Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home. Allows the Secretary to contract for the collection of data on the practice of IVIG infusion. Directs the Secretary to review data collected under such a contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B of SSA title XVIII. Requires the Secretary, upon completion of any data collection and review, to: (1) notify the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of part B IVIG reimbursement. Or (2) report to Congress and the RBRUS Committee (RUC) on why an additional infusion payment code is necessary. Extends the meaning of durable medical equipment to include disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.

A bill to amend title XVIII of the Social Security Act to improve access of Medicare beneficiaries to intravenous immune globulins (IVIG).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Data in Government Act of
2017''.

SEC. 2. PRESERVING GOVERNMENT DATA.

    (a) In General.--Subchapter I of chapter 35 of title 44, United
States Code, is amended--
            (1) in section 3502--
                    (A) in paragraph (13), by striking ``and'' at the
                end;
                    (B) in paragraph (14), by striking the period at
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(15) the term `data' means recorded information,
        regardless of form or the media on which the data is recorded;
            ``(16) the term `data asset' means a collection of data
        elements or data sets that may be grouped together;
            ``(17) the term `machine-readable' means a format in which
        information or data can be easily processed by a computer
        without human intervention while ensuring no semantic meaning
        is lost;
            ``(18) the term `open format' means a technical format that
        is not encumbered by restrictions that would impede use or
        reuse;
            ``(19) the term `open Government data' means a public data
        asset that is--
                    ``(A) machine-readable;
                    ``(B) available in an open format; and
                    ``(C) part of the worldwide public domain or, if
                necessary, published with an open license; and
            ``(20) the term `public data asset' means a data asset
        created or maintained by an agency, or a contractor of an
        agency, that--
                    ``(A) is not protected under copyright or patent
                laws; and
                    ``(B)(i) may be released to the public; or
                    ``(ii) has been released to the public in an open
                format.''; and
            (2) by adding at the end the following:
``Sec. 3522. Requirement to preserve Government data
    ``(a) In General.--Except as provided under subsection (c), any
open Government data that is made available to the public for a period
of not less than 90 consecutive days shall--
            ``(1) remain machine-readable, available in an open format,
        and part of the worldwide public domain or, if necessary,
        published with an open license; and
            ``(2) not be altered in such a way as to decrease the
        machine-readable nature of the open Government data.
    ``(b) Alteration of Digital Location, Format, or Content.--
            ``(1) In general.--It shall not be a violation of
        subsection (a) to alter--
                    ``(A) the digital location or format of open
                Government data for the purpose of routine asset
                maintenance or long-term archiving if the alteration
                does not decrease the open public accessibility or the
                machine-readable nature of the open Government data; or
                    ``(B) the contents of open Government data for
                purposes of updating the open Government data or
                correcting an error in the open Government data.
            ``(2) Permanence of data after updates.--For purposes of
        subsection (a), any alteration of the digital location, format,
        or contents of open Government data under subparagraph (A) or
        (B) of paragraph (1) shall not constitute a renewal of the
        period for which the open Government data has been made
        available to the public.
            ``(3) Record of data changes after updates.--Any
        substantial alteration of the contents of open Government data
        under subparagraph (A) or (B) of paragraph (1) shall be
        recorded in a log that is made available to the public in an
        open format along with the open Government data.
    ``(c) Exceptions.--
            ``(1) Conservation of agency resources.--An agency may
        remove open Government data from public availability if--
                    ``(A) the head of the agency determines that the
                open Government data--
                            ``(i) is too costly to maintain; or
                            ``(ii) does not provide sufficient value to
                        the public;
                    ``(B) not less than 6 months before the date on
                which the agency removes the open Government data from
                public availability, the agency publishes a notice of
                the removal in the Federal Register, including--
                            ``(i) a clear identification of the open
                        Government data;
                            ``(ii) if applicable, the digital object
                        identifier of the open Government data;
                            ``(iii) a detailed description of the
                        reasons for the removal; and
                            ``(iv) a detailed description of efforts to
                        make the open Government data permanently
                        publicly available; and
                    ``(C) the open Government data is available for
                download on the worldwide public domain for a period of
                not less than 6 months before the date on which the
                agency removes the open Government data from public
                availability.
            ``(2) Other provisions of law.--Subsection (a) shall not
        apply in the case of open Government data that is required to
        be removed from public availability or altered under another
        provision of law.''.
    (b) Technical and Conforming Amendment.--The table of sections for
subchapter I of chapter 35 of title 44, United States Code, is amended
by inserting after the item relating to section 3521 the following:

``3522. Requirement to preserve Government data.''.

Summary: Preserving Data in Government Act of 2017 This bill requires that any open government data that is made available to the public for at least 90 consecutive days must: (1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, be published with an open license. And (2) not be altered in such a way as to decrease its machine-readable nature. It shall not be a violation of such requirement to alter: (1) the digital location or format of open government data for routine asset maintenance or long-term archiving if such alteration does not decrease the open public accessibility or the machine-readable nature of the data, or (2) the contents of such data to update it or correct an error. Any substantial alteration of the data's contents shall be recorded in a log that is made available to the public in an open format along with the data. An agency may remove such data from public availability if: the agency determines that the data is too costly to maintain or does not provide sufficient value to the public, the agency publishes specified notice at least six months in advance of such removal, and the data is available for download on the worldwide public domain for at least six months before such removal. This bill shall not apply to such data that is required to be removed from public availability or altered under another provision of law.


SECTION 1. INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE
              PROGRAM.

    (a) Specific Appropriation or Contribution.--Section 1702 of the
Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made unless--
                    ``(A) an appropriation for the cost of the
                guarantee has been made;
                    ``(B) the Secretary has received from the borrower
                a payment in full for the cost of the guarantee and
                deposited the payment into the Treasury; or
                    ``(C) a combination of appropriations under
                subparagraph (A) or payments from the borrower under
                subparagraph (B) has been made that is sufficient to
                cover the cost of the guarantee.
            ``(2) Limitation.--The source of payments received from a
        borrower under subparagraph (B) or (C) of paragraph (1) shall
        not be a loan or other debt obligation that is made or
        guaranteed by the Federal Government.''; and
            (2) by adding at the end the following:
    ``(l) Credit Report.--If, in the opinion of the Secretary, a third-
party credit rating of the applicant or project is not relevant to the
determination of the credit risk of a project, if the project costs are
not projected to exceed $100,000,000, and the applicant agrees to
accept the credit rating assigned to the applicant by the Secretary,
the Secretary may waive any otherwise applicable requirement (including
any requirement described in part 609 of title 10, Code of Federal
Regulations) to provide a third-party credit report.
    ``(m) Direct Hire Authority.--
            ``(1) In general.--Notwithstanding sections 3304 and
        sections 3309 through 3318 of title 5, United States Code, the
        head of the loan guarantee program under this title (referred
        to in this subsection as the `Executive Director') may, on a
        determination that there is a severe shortage of candidates or
        a severe hiring need for particular positions to carry out the
        functions of this title, recruit and directly appoint highly
        qualified critical personnel with specialized knowledge
        important to the function of the programs under this title into
        the competitive service.
            ``(2) Exception.--The authority granted under paragraph (1)
        shall not apply to positions in the excepted service or the
        Senior Executive Service.
            ``(3) Requirements.--In exercising the authority granted
        under paragraph (1), the Executive Director shall ensure that
        any action taken by the Executive Director--
                    ``(A) is consistent with the merit principles of
                section 2301 of title 5, United States Code; and
                    ``(B) complies with the public notice requirements
                of section 3327 of title 5, United States Code.
            ``(4) Sunset.--The authority provided under paragraph (1)
        shall terminate on September 30, 2011.
    ``(n) Professional Advisors.--The Secretary may--
            ``(1) retain agents and legal and other professional
        advisors in connection with guarantees and related activities
        authorized under this title;
            ``(2) require applicants for and recipients of loan
        guarantees to pay all fees and expenses of the agents and
        advisors; and
            ``(3) notwithstanding any other provision of law, select
        such advisors in such manner and using such procedures as the
        Secretary determines to be appropriate to protect the interests
        of the United States and achieve the purposes of this title.
    ``(o) Multiple Sites.--Notwithstanding any contrary requirement
(including any provision under part 609.12 of title 10, Code of Federal
Regulations) an eligible project may be located on 2 or more non-
contiguous sites in the United States.''.
    (b) Applications for Multiple Eligible Projects.--Section 1705 of
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Multiple Applications.--Notwithstanding any contrary
requirement (including any provision under part 609.3(a) of title 10,
Code of Federal Regulations), a project applicant or sponsor of an
eligible project may submit an application for more than 1 eligible
project under this section.''.
    (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at
the end the following:
            ``(4) Energy efficiency projects, including projects to
        retrofit residential, commercial, and industrial buildings,
        facilities, and equipment.''.
    (d) Fees; Professional Advisors.--Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
            (1) by striking subsection (f) and inserting the following:
    ``(f) Fees.--Except as otherwise permitted under subsection (i),
administrative costs shall be not more than $100,000 or 10 basis points
of the loan.'';
            (2) by redesignating subsections (i) and (j) as subsections
        (j) and (k), respectively; and
            (3) by inserting after subsection (h) the end the
        following:
    ``(i) Professional Advisors.--The Secretary may--
            ``(1) retain agents and legal and other professional
        advisors in connection with guarantees and related activities
        authorized under this section;
            ``(2) require applicants for and recipients of loan
        guarantees to pay directly, or through the payment of fees to
        the Secretary, all fees and expenses of the agents and
        advisors; and
            ``(3) notwithstanding any other provision of law, select
        such advisors in such manner and using such procedures as the
        Secretary determines to be appropriate to protect the interests
        of the United States and achieve the purposes of this
        section.''.

Summary: Amends the Energy Policy Act of 2005 (EPA) to prohibit federal loan guarantees for innovative technologies unless: (1) an appropriation for the cost of the guarantee has been made. (2) the Secretary of Energy (DOE) has received and deposited into the Treasury payment in full from the borrower for the cost of the guarantee. Or (3) a combination of appropriations or payments from the borrower has been made that is sufficient to cover the cost of the guarantee. Authorizes the Secretary to waive requirements to provide a third-party credit report if: (1) such report, in the Secretary's opinion, is not relevant to the determination of the credit risk of a project. (2) the project costs are not projected to exceed $100 million. And (3) the applicant agrees to accept the credit rating the Secretary assigns. Authorizes the head of the loan guarantee program, if there is either a severe shortage of candidates or a severe hiring need for particular positions, to recruit and directly appoint into the competitive service highly qualified critical personnel with specialized knowledge important to program functions . Amends the EPA and the Energy Independence and Security Act of 2007 to authorize the Secretary to: (1) retain agents and professional advisors in connection with guarantees and related activities. And (2) require loan guarantee applicants and recipients to pay all fees and expenses of such agents and advisors. Authorizes the Secretary to make energy efficiency loan guarantees for projects starting construction by September 30, 2011, to retrofit residential, commercial, and industrial buildings, facilities, and equipment.

A bill to amend the Energy Policy Act of 2005 to improve the loan guarantee program of the Department of Energy under title XVII of that Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Campaign Sunlight Act of 2012''.

SEC. 2. ESTABLISHMENT AND OPERATION OF WEBSITE OF POLITICAL
              ADVERTISEMENTS.

    (a) Establishment of Website.--Section 318 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441d) is amended by adding at the end
the following new subsection:
    ``(e) Website for Contents of Political Advertisements.--
            ``(1) Website described.--
                    ``(A) In general.--The Commission shall establish
                and operate a website, to be known as the `Campaign
                Accountability Site', through which members of the
                public may view the contents of political
                advertisements.
                    ``(B) Format.--In operating the website under this
                subsection, the Commission shall--
                            ``(i) make the contents of a political
                        advertisement available for viewing in the same
                        format through which the advertisement was
                        disseminated; and
                            ``(ii) make the sources of the contents of
                        the advertisement available on the website
                        directly or through hyperlinks to the sources,
                        as submitted to the Commission by the sponsor
                        of the advertisement under paragraph (2)(B).
                    ``(C) Hyperlink.--The Commission shall make the
                website established and operated under this subsection
                available through a hyperlink on the Commission's
                official public website.
            ``(2) Requiring sponsors of advertisements to provide
        contents to commission.--
                    ``(A) In general.--The sponsor of a political
                advertisement shall submit the contents of the
                advertisement to the Commission in such format as the
                Commission may require to enable the Commission to
                include the advertisement on the website established
                and operated under paragraph (1).
                    ``(B) Inclusion of sources cited in contents.--If
                the contents of a political advertisement include
                references to any quotation, article, hyperlink, or
                other source for any statement made in the
                advertisement, the sponsor of the advertisement shall
                include the full contents of the source (or a hyperlink
                to the full contents of the source) in the contents
                submitted to the Commission under this paragraph.
                    ``(C) Deadline for submission.--The sponsor of a
                political advertisement shall submit the contents of
                the advertisement to the Commission under subparagraph
                (A) not later than--
                            ``(i) 24 hours after the advertisement is
                        disseminated, in the case of an advertisement
                        that is disseminated during the 7-day period
                        that ends on the date of the election involved;
                        or
                            ``(ii) 72 hours after the advertisement is
                        disseminated, in the case of an advertisement
                        that is disseminated during any other period.
                    ``(D) Payment of fee.--If the Commission determines
                that it is appropriate to impose fees on the sponsors
                of political advertisements in amounts which do not
                exceed the amount necessary to cover the costs to the
                Commission of establishing and operating the website
                under paragraph (1), at the time the sponsor of a
                political advertisement submits the contents of the
                advertisement to the Commission under subparagraph (A),
                the sponsor shall pay the Commission the amount of any
                such fee (as determined under a fee schedule
                established by the Commission).
                    ``(E) Sponsor defined.--For purposes of this
                subsection, the `sponsor' of a political advertisement
                is--
                            ``(i) in the case of a political
                        advertisement that is described in paragraph
                        (1) or (2) of subsection (a), the authorized
                        political committee involved; or
                            ``(ii) in the case of a political
                        advertisement that is described in paragraph
                        (3) of subsection (a), the person who is
                        required under such paragraph to be identified
                        as the person who paid for the advertisement.
            ``(3) Political advertisement defined.--In this subsection,
        a `political advertisement' means a communication that is
        subject to subsection (a) that refers to a clearly identified
        candidate and is disseminated during the 1-year period which
        ends on the date of the election for the office sought by the
        candidate.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to political advertisements disseminated after the
expiration of the 120-day period that begins on the date of the
enactment of this Act.

Summary: Campaign Sunlight Act of 2012 - Amends the Federal Election Campaign Act of 1971 to direct the Federal Election Commission (FEC) to establish and operate a website through which members of the public may view the contents of political advertisements. Requires the sponsor of a political advertisement to submit its contents to the FEC in a format the FEC may require. Requires the format to make the sources of such contents available on the website directly or through hyperlinks to the sources. Requires the sponsor to submit an advertisement to the FEC within: (1) 24 hours after its dissemination, if it is disseminated during the 7 days before the election involved, or (2) 72 hours after dissemination during any other period.

To amend the Federal Election Campaign Act of 1971 to require the Federal Election Commission to establish and operate a website through which members of the public may view the contents of certain political advertisements, to require the sponsors of such advertisements to furnish the contents of the advertisements to the Commission, and for other purposes.


SECTION 1. REPEAL OF CARRYOVER BASIS; ETC.

    (a) In General.--Subtitles A and E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the amendments
made by such subtitles, are hereby repealed; and the Internal Revenue
Code of 1986 shall be applied as if such subtitles, and amendments, had
never been enacted.
    (b) Sunset Not To Apply.--
            (1) Subsection (a) of section 901 of the Economic Growth
        and Tax Relief Reconciliation Act of 2001 is amended by
        striking ``this Act'' and all that follows and inserting ``this
        Act (other than title V) shall not apply to taxable, plan, or
        limitation years beginning after December 31, 2010.''.
            (2) Subsection (b) of such section 901 is amended by
        striking ``, estates, gifts, and transfers''.
    (c) Conforming Amendments.--Subsections (d) and (e) of section 511
of the Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subsections, are hereby repealed; and the
Internal Revenue Code of 1986 shall be applied as if such subsections,
and amendments, had never been enacted.

SEC. 2. MODIFICATIONS TO ESTATE TAX.

    (a) Increase in Exclusion Equivalent of Unified Credit to
$3,500,000.--
            (1) In general.--Subsection (c) of section 2010 of the
        Internal Revenue Code of 1986 (relating to applicable credit
        amount) is amended by striking all that follows ``the
        applicable exclusion amount'' and inserting ``. For purposes of
        the preceding sentence, the applicable exclusion amount is
        $3,500,000 ($3,000,000 in the case of estates of decedents
        dying, and gifts made, after December 31, 2002, and before
        January 1, 2009).''.
            (2) Earlier termination of section 2057.--Subsection (f) of
        section 2057 of such Code is amended by striking ``December 31,
        2003'' and inserting ``December 31, 2002''.
    (b) Maximum Estate Tax Rate To Remain at 50 Percent; Phaseout of
Graduated Rates and Unified Credit.--Paragraph (2) of section 2001(c)
of such Code is amended to read as follows:
            ``(2) Phaseout of graduated rates and unified credit.--The
        tentative tax determined under paragraph (1) shall be increased
        by an amount equal to 5 percent of so much of the amount (with
        respect to which the tentative tax is to be computed) as
        exceeds $10,000,000. The amount of the increase under the
        preceding sentence shall not exceed the sum of the applicable
        credit amount under section 2010(c) and $224,200.''
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2002.

SEC. 3. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS;
              LIMITATION ON MINORITY DISCOUNTS.

    (a) In General.--Section 2031 of the Internal Revenue Code of 1986
(relating to definition of gross estate) is amended by redesignating
subsection (d) as subsection (f) and by inserting after subsection (c)
the following new subsections:
    ``(d) Valuation Rules for Certain Transfers of Nonbusiness
Assets.--For purposes of this chapter and chapter 12--
            ``(1) In general.--In the case of the transfer of any
        interest in an entity other than an interest which is actively
        traded (within the meaning of section 1092)--
                    ``(A) the value of any nonbusiness assets held by
                the entity shall be determined as if the transferor had
                transferred such assets directly to the transferee (and
                no valuation discount shall be allowed with respect to
                such nonbusiness assets), and
                    ``(B) the nonbusiness assets shall not be taken
                into account in determining the value of the interest
                in the entity.
            ``(2) Nonbusiness assets.--For purposes of this
        subsection--
                    ``(A) In general.--The term `nonbusiness asset'
                means any asset which is not used in the active conduct
                of 1 or more trades or businesses.
                    ``(B) Exception for certain passive assets.--Except
                as provided in subparagraph (C), a passive asset shall
                not be treated for purposes of subparagraph (A) as used
                in the active conduct of a trade or business unless--
                            ``(i) the asset is property described in
                        paragraph (1) or (4) of section 1221(a) or is a
                        hedge with respect to such property, or
                            ``(ii) the asset is real property used in
                        the active conduct of 1 or more real property
                        trades or businesses (within the meaning of
                        section 469(c)(7)(C)) in which the transferor
                        materially participates and with respect to
                        which the transferor meets the requirements of
                        section 469(c)(7)(B)(ii).
                For purposes of clause (ii), material participation
                shall be determined under the rules of section 469(h),
                except that section 469(h)(3) shall be applied without
                regard to the limitation to farming activity.
                    ``(C) Exception for working capital.--Any asset
                (including a passive asset) which is held as a part of
                the reasonably required working capital needs of a
                trade or business shall be treated as used in the
                active conduct of a trade or business.
            ``(3) Passive asset.--For purposes of this subsection, the
        term `passive asset' means any--
                    ``(A) cash or cash equivalents,
                    ``(B) except to the extent provided by the
                Secretary, stock in a corporation or any other equity,
                profits, or capital interest in any entity,
                    ``(C) evidence of indebtedness, option, forward or
                futures contract, notional principal contract, or
                derivative,
                    ``(D) asset described in clause (iii), (iv), or (v)
                of section 351(e)(1)(B),
                    ``(E) annuity,
                    ``(F) real property used in 1 or more real property
                trades or businesses (as defined in section
                469(c)(7)(C)),
                    ``(G) asset (other than a patent, trademark, or
                copyright) which produces royalty income,
                    ``(H) commodity,
                    ``(I) collectible (within the meaning of section
                401(m)), or
                    ``(J) any other asset specified in regulations
                prescribed by the Secretary.
            ``(4) Look-thru rules.--
                    ``(A) In general.--If a nonbusiness asset of an
                entity consists of a 10-percent interest in any other
                entity, this subsection shall be applied by
                disregarding the 10-percent interest and by treating
                the entity as holding directly its ratable share of the
                assets of the other entity. This subparagraph shall be
                applied successively to any 10-percent interest of such
                other entity in any other entity.
                    ``(B) 10-percent interest.--The term `10-percent
                interest' means--
                            ``(i) in the case of an interest in a
                        corporation, ownership of at least 10 percent
                        (by vote or value) of the stock in such
                        corporation,
                            ``(ii) in the case of an interest in a
                        partnership, ownership of at least 10 percent
                        of the capital or profits interest in the
                        partnership, and
                            ``(iii) in any other case, ownership of at
                        least 10 percent of the beneficial interests in
                        the entity.
            ``(5) Coordination with subsection (b).--Subsection (b)
        shall apply after the application of this subsection.
    ``(e) Limitation on Minority Discounts.--For purposes of this
chapter and chapter 12, in the case of the transfer of any interest in
an entity other than an interest which is actively traded (within the
meaning of section 1092), no discount shall be allowed by reason of the
fact that the transferee does not have control of such entity if the
transferee and members of the family (as defined in section
2032A(e)(2)) of the transferee have control of such entity.''
    (b) Effective Date.--The amendments made by this section shall
apply to transfers after the date of the enactment of this Act.

Summary: Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal subtitles A and E of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions. Repeals the sunset provisions applicable to the remaining provisions of title V. Increases the unified tax credit amount for years before 2009. Modifies provisions concerning phaseout of graduated rates and unified credit. Sets valuation rules for certain transfers of nonbusiness assets, or assets not used in the active conduct of one or more trades or businesses. Sets forth criteria under which certain passive assets shall not be treated as used in the active conduct of business and defines passive assets. Specifies a limitation on minority discounts.

To amend the Internal Revenue Code of 1986 to limit the applicability of the estate tax to estates of over $3,500,000, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fulfilling the Potential of Women in
Academic Science and Engineering Act of 2008''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In its 2007 report, Beyond Bias and Barriers, the
        National Academies state that, to maintain its scientific and
        engineering leadership amid increasing economic and educational
        globalization, the United States must aggressively pursue the
        innovative capacity of all of its people--women and men.
            (2) Women make up an increasing proportion of science and
        engineering majors at all institutions of higher education,
        including at top-rated programs such as those at the
        Massachusetts Institute of Technology where women make up 51
        percent of its science undergraduates and 35 percent of its
        engineering undergraduates.
            (3) Despite this progress, however, women still receive
        only 20 percent of all bachelor's degrees awarded in
        engineering and physics.
            (4) For women to participate to their full potential across
        all science and engineering fields, they must see a career path
        that allows them to reach their full intellectual potential;
        much remains to be done to achieve that goal.
            (5) The Federal Government provides over 60 percent of
        research funding at institutions of higher education.
            (6) Women are a small portion of the science and
        engineering faculty members at major research universities, and
        they typically receive fewer institutional resources for their
        research activities than their male colleagues.
            (7) Unintentional biases and outmoded institutional
        structures are hindering the access and advancement of women in
        science and engineering.
            (8) Women hold a small portion of leadership positions in
        our institutions of higher education, scientific and
        professional societies, and honorary organizations.
            (9) Neither our institutions of higher education nor our
        Nation can afford such underuse of precious human capital in
        science and engineering.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Director.--The term ``Director'' means the Director of
        the Office of Science and Technology Policy in the Executive
        Office of the President, acting through the National Science
        and Technology Council.
            (2) Federal science agency.--The term ``Federal science
        agency'' means any Federal agency that is responsible for at
        least 2 percent of the total Federal obligation for research
        and development at institutions of higher education, according
        to the most recent data available from the National Science
        Foundation.
            (3) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term in section 101(a) of the Higher Education Act of 1965 (20
        U.S.C. 1001(a)).

SEC. 4. WORKSHOPS TO ENHANCE GENDER EQUITY IN ACADEMIC SCIENCE AND
              ENGINEERING.

    (a) In General.--Not later than 6 months after the date of
enactment of this Act, the Director shall develop a uniform policy for
each Federal science agency to carry out a program of workshops that
educate program officers, members of grant review panels, institution
of higher education department chairs, and other federally funded
researchers about methods that minimize the effects of gender bias in
evaluation, including of Federal research grants, for hiring, tenure,
and promotion, and for selection for any other honor based on academic
merit. Each Federal science agency shall establish a program of
workshops according to this policy.
    (b) Interagency Coordination.--The Director shall ensure that
programs of workshops across the Federal science agencies are
coordinated and supported jointly as appropriate. As part of this
process, the Director shall ensure that at least 1 workshop is
supported every 2 years among the Federal science agencies in each of
the major science and engineering disciplines supported by those
agencies.
    (c) Scientific and Professional Societies.--Federal science
agencies may carry out the program of workshops under this section by
making grants to eligible organizations. In addition to any other
organizations made eligible by the Federal science agencies, the
following organizations are eligible for grants under this section:
            (1) Nonprofit scientific and professional societies and
        organizations that represent one or more science and
        engineering disciplines.
            (2) Nonprofit organizations that have the primary mission
        of advancing the participation of women in science and
        engineering.
    (d) Characteristics of Workshops.--The workshops shall have the
following characteristics:
            (1) Invitees to workshops shall include at least--
                    (A) the chairs from at least the top 50 institution
                of higher education departments in the relevant
                discipline, as determined by the amount of Federal
                research and development funds obligated to each
                department in the prior year based on data available
                from the National Science Foundation;
                    (B) members of any standing research grant review
                panel appointed by the Federal science agencies in the
                relevant discipline;
                    (C) in the case of major science and engineering
                disciplines supported by the Department of Energy, the
                individuals from each of the Department of Energy
                National Laboratories with personnel management
                responsibilities comparable to those of an institution
                of higher education department chair; and
                    (D) Federal science agency program officers in the
                relevant discipline, other than program officers that
                participate in comparable workshops organized and run
                specifically for that agency's program officers.
            (2) Activities at the workshops shall include research
        presentations and interactive discussions or other activities
        that increase the awareness of the existence of gender bias in
        recruitment, hiring, tenure review, promotion, grant
        evaluation, award selection, and other forms of formal
        recognition of individual achievement and provide strategies to
        overcome such bias.
            (3) Research presentations and other workshop programs, as
        appropriate, shall include a discussion of the unique
        challenges faced by women from historically underrepresented
        groups.
            (4) Workshop programs shall include information on best
        practices and the value of mentoring undergraduate and graduate
        women students as well as outreach to girls earlier in their
        science, technology, engineering, and mathematics education.
    (e) Report.--
            (1) In general.--Not later than 5 years after the date of
        enactment of this Act, the Director shall transmit to the
        Committee on Science and Technology of the House of
        Representatives and the Committee on Commerce, Science, and
        Transportation of the Senate a report evaluating the impact of
        the program carried out under this section to reduce gender
        bias towards women engaged in research funded by the Federal
        Government. The Director shall include in this report any
        recommendations for improving the evaluation process described
        in paragraph (2).
            (2) Minimum criteria for evaluation.--In determining the
        effectiveness of the program, the Director shall consider, at a
        minimum--
                    (A) the rates of participation by invitees in the
                workshops authorized under this section;
                    (B) the results of attitudinal surveys conducted on
                workshop participants before and after the workshops;
                    (C) any institutional policy or practice changes
                reported by participants from institutions of higher
                education; and
                    (D) for institution of higher education department
                chairs and Department of Energy National Laboratory
                employees who participated in at least 1 workshop 3 or
                more years prior to the due date for the report, trends
                in the data for the department represented by the chair
                or employee including--
                            (i) the number and percent of women
                        faculty;
                            (ii) the number and percent of women in
                        tenure-track positions by rank;
                            (iii) tenure promotion outcomes by gender;
                            (iv) years in rank by gender;
                            (v) time at institution by gender;
                            (vi) attrition by gender;
                            (vii) the number of women who are in
                        nontenure-track positions, including teaching
                        and research;
                            (viii) the number and percent of women
                        faculty in endowed or named chairs; and
                            (ix) the number and percent of women
                        faculty on promotion and tenure committees.
    (f) Minimizing Costs.--To the extent practicable, workshops shall
be held in conjunction with national or regional disciplinary meetings
to minimize costs associated with participant travel.
    (g) Authorization of Appropriations.--Each Federal science agency
is authorized to contribute funds, from funds which are otherwise
authorized, to support the workshop and evaluation requirements under
this section, including--
            (1) providing grants to organizations, including the
        organizations identified under subsection (c), to plan and
        organize the workshops; and
            (2) reimbursing the travel and lodging costs of invited
        speakers and workshop participants.

SEC. 5. EXTENDED RESEARCH GRANT SUPPORT AND INTERIM TECHNICAL SUPPORT
              FOR CAREGIVERS.

    (a) Policies for Caregivers.--Not later than 6 months after the
date of enactment of this Act, the Director shall develop a uniform
policy to--
            (1) extend the period of grant support for federally funded
        researchers who have caregiving responsibilities; and
            (2) provide funding for interim technical staff support for
        federally funded researchers who take a leave of absence for
        caregiving responsibilities.
    (b) Report.--Upon developing the policy required under subsection
(a), the Director shall transmit a copy of the policy to the Committee
on Science and Technology of the House of Representatives and to the
Committee on Commerce, Science, and Transportation of the Senate.

SEC. 6. COLLECTION OF DATA ON FEDERAL RESEARCH GRANTS.

    (a) In General.--Each Federal science agency shall collect
standardized annual composite information on demographics, field, award
type and budget request, review score, and funding outcome for all
applications for research and development grants to institutions of
higher education supported by that agency.
    (b) Reporting of Data.--
            (1) The Director shall establish a policy to ensure
        uniformity and standardization of data collection required
        under subsection (a).
            (2) Not later than June 30, 2010, and annually thereafter,
        each Federal science agency shall submit data collected under
        subsection (a) to the National Science Foundation.
            (3) The National Science Foundation shall be responsible
        for storing and publishing all of the grant data submitted
        under paragraph (2) in conjunction with the biennial report
        required under section 37 of the Science and Engineering Equal
        Opportunities Act (42 U.S.C. 1885d).

SEC. 7. PUBLICATION OF LIST OF INSTITUTIONAL PARTICIPATION IN WORKSHOPS
              TO ENHANCE GENDER EQUITY IN ACADEMIC SCIENCE AND
              ENGINEERING.

    The Director, on the basis of data reported by the Federal science
agencies, shall publish annually a list of institutions of higher
education science and engineering departments represented by
individuals who attend the workshops described in section 4. The list
shall be publicly available through the website of the Office of
Science and Technology Policy. Any institution of higher education
science and engineering department that is publicized on the list may
publicize its receipt of such recognition on its website, in printed
materials, or through other means.

Summary: Fulfilling the Potential of Women in Academic Science and Engineering Act of 2008 - Requires the Director of the Office of Science and Technology Policy to develop a policy for federal science agencies to carry out a program of workshops that educate specified federally funded researchers about methods that minimize the effects of gender bias in evaluation, including of federal research grants, for hiring, tenure, and promotion, and for selection for any other honor based on academic merit. Requires the support of at least one workshop every two years among the federal science agencies in the major science and engineering disciplines. Authorizes federal science agencies to carry out such program by making grants to eligible organizations as described in this Act. Requires the Director to transmit a report evaluating such program's impact in reducing gender bias towards women engaged in research funded by the federal government. Requires the Director to develop a policy to extend research grant support and provide interim technical support for federally funded researchers who are caregivers. Requires transmission of a copy of such policy to specified congressional committees. Requires federal science agencies to collect specified standardized annual data for all applications for research and development grants to institutions of higher education and to submit the data collected to the National Science Foundation (NSF). Makes the NSF responsible for storing and publishing all such grant data. Requires annual publication of a list of the institutions of higher education science and engineering departments represented by individuals who attend the workshops described above.

To increase awareness of the existence of and to overcome gender bias in academic science and engineering through research and training, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patient Access to Disposable Medical
Technology Act of 2015''.

SEC. 2. COVERAGE OF CERTAIN DISPOSABLE MEDICAL TECHNOLOGIES UNDER THE
              MEDICARE PROGRAM.

    (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:

               ``Substitute Disposable Medical Technology

    ``(iii) The term `substitute disposable medical technology' means
medical equipment that--
            ``(1) is primarily and customarily used to serve a medical
        purpose;
            ``(2) would otherwise be covered as durable medical
        equipment under this title but for the fact that such equipment
        is not durable (as defined by the Secretary for purposes of
        coverage of durable medical equipment under this title); and
            ``(3) the Secretary determines substitutes for durable
        medical equipment.''.
    (b) Payment Provisions.--Section 1834(a) of the Social Security Act
(42 U.S.C. 1395m(a)) is amended by adding at the end the following new
paragraph:
            ``(23) Special payment rule for substitute disposable
        medical technologies.--Notwithstanding the preceding provisions
        of this subsection, the Secretary shall determine the payment
        amount under this subsection for a substitute disposable
        medical technology (as defined in section 1861(iii)), and for
        any services and supplies used in conjunction with such
        technology, in accordance with the following:
                    ``(A) Single payment amount.--The Secretary shall
                determine a single payment amount that shall be paid
                for a substitute disposable medical technology and for
                any services and supplies used in conjunction with such
                technology. A payment for such a technology and for any
                such services and supplies that is made in the amount
                of such single payment amount shall constitute full
                payment under this title for such technology and such
                services and supplies.
                    ``(B) Calculation of payment amount.--The single
                payment amount described in subparagraph (A) for a
                substitute disposable medical technology and for any
                services and supplies used in conjunction with such
                technology shall be calculated by--
                            ``(i) calculating the sum of the amounts of
                        payment that otherwise would be made under this
                        section for--
                                    ``(I) the item of durable medical
                                equipment for which the Secretary
                                determines, pursuant to section
                                1861(iii)(3), that such substitute
                                disposable medical technology
                                substitutes; and
                                    ``(II) all services and supplies
                                used in conjunction with such item of
                                durable medical equipment;
                            ``(ii) calculating the amount that is 95
                        percent of the sum calculated under clause (i);
                        and
                            ``(iii) calculating the single payment
                        amount for the substitute disposable medical
                        technology and for any services and supplies
                        used in conjunction with such technology such
                        that the sum of the payments under this
                        subsection for--
                                    ``(I) all substitute disposable
                                medical technologies that the Secretary
                                determines, pursuant to section
                                1861(iii)(3), will be necessary to
                                provide a substitute for the item of
                                durable medical equipment described in
                                clause (i)(I); and
                                    ``(II) any services and supplies
                                used in conjunction with such
                                technologies;
                        is equal to the amount calculated under clause
                        (ii).
                    ``(C) Lump-sum payment.--The single payment amount
                described in subparagraph (A) for a substitute
                disposable medical technology and for any services and
                supplies used in conjunction with such technology shall
                be made in a lump-sum amount.''.
    (c) Nonapplication of Competitive Acquisition.--Section
1847(a)(7)(B) of the Social Security Act (42 U.S.C. 1395w-3(a)(7)(B))
is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
                            ``(iii) that are substitute disposable
                        medical technologies (as defined in section
                        1861(n)(2)(B)).''.
    (d) Effective Date.--The amendments made by this section shall
apply with respect to items and services furnished on or after the date
that is one year after the date of the enactment of this section.

Summary: Patient Access to Disposable Medical Technology Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to cover substitute disposable medical technology, subject it to a special payment rule, and exempt it from competitive acquisition.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Job Creation and Economic Growth
Act''.

SEC. 2. AMENDMENTS TO THE BUDGET CONTROL ACT OF 2011.

    (a) Title Amendment.--The title heading of title IV of the Budget
Control Act of 2011 (Public Law 112-25) is amended by inserting ``, JOB
CREATION, AND ECONOMIC GROWTH'' after ``DEFICIT REDUCTION''.
    (b) Additional Duties of Joint Select Committee.--Section 401 of
the Budget Control Act of 2011 (Public Law 112-25) is amended--
            (1) in subsection (a)(1), by inserting ``, Job Creation,
        and Economic Growth'' after ``Deficit Reduction'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``, Job
                Creation, and Economic Growth'' after ``Deficit
                Reduction'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking
                        ``Goal'' and inserting ``Goals'';
                            (ii) by striking ``goal'' and inserting
                        ``goals''; and
                            (iii) by inserting before the period ``and
                        to spur economic growth and restore the
                        Nation's workforce to full employment, which
                        shall be defined by the Secretary of Labor not
                        later than 14 days after the date of enactment
                        of the Job Creation and Economic Growth Act,
                        over the period of fiscal years 2012 and
                        2013'';
                    (C) in paragraph (3)(A)(i), by inserting ``and
                significantly improve the short-term and long-term
                employment levels in the United States and spur
                economic growth'' before the period;
                    (D) in paragraph (3)(A)(ii), by striking ``reduce
                the deficit consistent with the goal'' and inserting
                ``reduce the deficit and improve employment levels
                consistent with the goal'';
                    (E) in paragraph (3)(B)--
                            (i) in the subparagraph heading, by
                        striking ``Report'' and inserting ``Reports'';
                            (ii) in clause (i)--
                                    (I) by striking ``and'' at the end
                                of subclause (I);
                                    (II) in subclause (II), by
                                inserting ``with respect to deficit
                                reduction'' after ``subclause (I)'';
                                    (III) by striking the period at the
                                end of subclause (II) and inserting a
                                semicolon;
                                    (IV) by inserting after subclause
                                (II) the following new subclauses:
                                    ``(III) proposed legislative
                                language to carry out such
                                recommendations as described in
                                subclause (I) with respect to job
                                creation measures, which shall include
                                a statement of the job creation
                                achieved by the legislation over the
                                period of fiscal years 2012 and
                                2013.''; and
                            (iii) in clause (iv), by striking ``the
                        joint committee report'' and inserting ``that
                        joint committee report''; and
                            (iv) in clause (v), by striking ``vote''
                        and inserting ``votes''; and
                    (F) in paragraph (4)--
                            (i) in subparagraph (A), by striking ``12''
                        and inserting ``16'';
                            (ii) in each of clause (i) through (iv) of
                        subparagraph (B), by striking ``three'' each
                        place it appears and inserting ``4''; and
                            (iii) by adding at the end the following
                        new subparagraph:
                    ``(F) Subcommittee.--The joint committee shall
                appoint some of its members to a special subcommittee
                which shall make recommendations to the joint committee
                on measures to spur economic growth and restore the
                Nation's workforce to full employment over the period
                of fiscal years 2012 and 2013.''.
    (c) Conforming Amendments Relating to Expedited Consideration of
Joint Committee Recommendations.--Section 402 of the Budget Control Act
of 2011 (Public Law 112-25) is amended--
            (1) in subsection (a)--
                    (A) by striking ``If approved by the majority'' and
                all that follows through ``section 401(b)(3)(B)(iv)''
                and insert the following:
            ``(1) Approved deficit reduction legislative language.--If
        approved by the majority required by section 401(b)(3)(B)(ii),
        the proposed legislative language described in clause (i)(II)
        of section 401(b)(1)(B) and submitted pursuant to clause (iv)
        of such section''; and
                    (B) by adding at the end the following:
            ``(2) Job creation legislative language.--
                    ``(A) If approved.--If approved by the majority
                required by section 401(b)(3)(B)(ii), the proposed
                legislative language described in clause (i)(III) of
                section 401(b)(1)(B) submitted pursuant to clause (iv)
                of such section shall be introduced in the Senate (by
                request) on the next day on which the Senate is in
                session by the majority leader of the Senate or by a
                Member of the Senate designated by the majority leader
                of the Senate and shall be introduced in the House of
                Representatives (by request) on the next legislative
                day by the majority leader of the House or by a Member
                of the House designated by the majority leader of the
                House.
                    ``(B) If not approved.--If no legislative language
                described in subclause (III) of section 401(b)(1)(B)(i)
                is approved by the vote required by such section, then
                any such legislative language that was brought to a
                vote under such section shall be introduced in the
                Senate (by request) on the next day on which the Senate
                is in session by the majority leader of the Senate or
                by a Member of the Senate designated by the majority
                leader of the Senate and shall be introduced in the
                House of Representatives (by request) on the next
                legislative day by the majority leader of the House or
                by a Member of the House designated by the majority
                leader of the House.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``the joint committee
                        bill'' each place it appears and inserting ``a
                        joint committee bill''; and
                            (ii) in the last sentence, by striking
                        ``the joint committee bill'' and inserting
                        ``that joint committee bill'';
                    (B) in paragraph (2), in the first sentence, by
                striking ``the joint committee bill'' and inserting
                ``that joint committee bill''; and
                    (C) in paragraph (3), by striking ``The joint
                committee bill'' and inserting ``A joint committee
                bill'';
            (3) in subsection (c)--
                    (A) in paragraphs (3) and (4), by striking ``the
                joint committee bill'' each place it appears and
                inserting ``a joint committee bill''; and
                    (B) in paragraph (5), by striking ``the joint
                committee bill'' the first place it appears and
                inserting ``a joint committee bill'';
            (4) in subsection (d), by striking ``The joint committee
        bill'' and insert ``A joint committee bill'';
            (5) in subsection (e)(1) in the matter preceding
        subparagraph (A)--
                    (A) by striking ``before passing the joint'' and
                inserting ``before passing a joint''; and
                    (B) by striking ``a joint committee bill'' and
                inserting ``a related joint committee bill'';
            (6) in subsection (f)(2)--
                    (A) by striking ``the joint committee bill'' the
                first place it appears and inserting ``a joint
                committee bill''; and
                    (B) by striking ``receives the joint committee
                bill'' and inserting ``receives the related joint
                committee bill'';
            (7) in subsection (f)(3), by striking ``the joint committee
        bill'' and inserting ``a joint committee bill''; and
            (8) in subsection (g)--
                    (A) in paragraph (1), by inserting ``, in the case
                of a joint committee bill that was introduced pursuant
                to subsection (a)(1)'' before the semicolon; and
                    (B) in paragraph (2), by inserting ``, in the case
                of any joint committee bill that was introduced
                pursuant to subsection (a)'' before the period.
    (d) Table of Contents Amendment.--In the table of contents in
section 1(b) of the Budget Control Act of 2011, the item relating to
title IV is amended to read as follows:

``TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION, JOB CREATION,
                         AND ECONOMIC GROWTH''.

Summary: Job Creation and Economic Growth Act - Amends the Budget Control Act of 2011 to redesignate the Joint Select Committee on Deficit Reduction as the Joint Select Committee on Deficit Reduction, Job Creation, and Economic Growth. Adds as a goal of the joint committee spurring economic growth and restoring the nation's workforce to full employment over the period of FY2012 and FY2013. Revises the duties of the joint committee to require it to make recommendations that will significantly improve US short-term and long-term employment levels and spur economic growth. Requires the joint committee, by November 23, 2011, to vote on proposed legislative language to carry out joint committee recommendations with respect to job creation measures, including a statement of job creation achieved by such legislation. Increases the number of members of the joint committee from 12 to 16. Directs the joint committee to appoint some of its members to a special subcommittee to make recommendations on measures to spur economic growth and restore the nation's workforce to full employment over the period of FY2012 and FY2013. Prescribes procedures for expedited congressional consideration of proposed joint committee job creation legislative language.

To amend the Budget Control Act of 2011 to require the joint select committee of Congress to report findings and propose legislation to restore the Nation's workforce to full employment over the period of fiscal years 2012 and 2013.