SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Salton Sea
Reclamation Act of 1998''.
  (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                  TITLE I--SALTON SEA FEASIBILITY STUDY

Sec. 101. Salton Sea Feasibility study authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono
          Salton Sea National Wildlife Refuge.

 TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER
                              AND NEW RIVER

Sec. 201. Alamo River and New River irrigation drainage water.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) The term ``Committees'' means the Committee on Resources
    and the Committee on Transportation and Infrastructure of the House
    of Representatives and the Committee on Energy and Natural
    Resources and the Committee on Environmental and Public Works of
    the Senate.
        (2) The term ``Salton Sea Authority'' means the Joint Powers
    Authority by that name established under the laws of the State of
    California by a Joint Power Agreement signed on June 2, 1993.
        (3) The term ``Secretary'' means the Secretary of the Interior,
    acting through the Bureau of Reclamation.

                 TITLE I--SALTON SEA FEASIBILITY STUDY

SEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION.

    (a) In General.--No later than January 1, 2000, the Secretary, in
accordance with this section, shall complete all feasibility studies
and cost analyses for the options set forth in subsection (b)(2)(A)
necessary for Congress to fully evaluate such options.
    (b) Feasibility Study.--
        (1) In general.--
            (A) The Secretary shall complete all studies, including,
        but not limited to environmental and other reviews, of the
        feasibility and benefit-cost of various options that permit the
        continued use of the Salton Sea as a reservoir for irrigation
        drainage and: (i) reduce and stabilize the overall salinity of
        the Salton Sea; (ii) stabilize the surface elevation of the
        Salton Sea; (iii) reclaim, in the long term, healthy fish and
        wildlife resources and their habitats; and (iv) enhance the
        potential for recreational uses and economic development of the
        Salton Sea.
            (B) Based solely on whatever information is available at
        the time of submission of the report, the Secretary shall: (i)
        identify any options he deems economically feasible and cost
        effective; (ii) identify any additional information necessary
        to develop construction specifications; and (iii) submit any
        recommendations, along with the results of the study to the
        Committees no later than January 1, 2000.
            (C)(i) The Secretary shall carry out the feasibility study
        in accordance with a memorandum of understanding entered into
        by the Secretary, the Salton Sea Authority, and the Governor of
        California.
            (ii) The memorandum of understanding shall, at a minimum,
        establish criteria for evaluation and selection of options
        under subparagraph (2)(A), including criteria for determining
        benefit and the magnitude and practicability of costs of
        construction, operation, and maintenance of each option
        evaluated.
        (2) Options to be considered.--Options considered in the
    feasibility study--
            (A) shall consist of, but need not be limited to--
                (i) use of impoundments to segregate a portion of the
            waters of the Salton Sea in one or more evaporation ponds
            located in the Salton Sea basin;
                (ii) pumping water out of the Salton Sea;
                (iii) augmented flows of water into the Salton Sea;
                (iv) a combination of the options referred to in
            clauses (i), (ii), and (iii); and
                (v) any other economically feasible remediation option
            the Secretary considers appropriate and for which
            feasibility analyses and cost estimates can be completed by
            January 1, 2000;
            (B) shall be limited to proven technologies; and
            (C) shall not include any option that--
                (i) relies on the importation of any new or additional
            water from the Colorado River; or
                (ii) is inconsistent with the provisions of sub-
            section (c).
        (3) Assumptions.--In evaluating options, the Secretary shall
    apply assumptions regarding water inflows into the Salton Sea Basin
    that encourage water conservation, account for transfers of water
    out of the Salton Sea Basin, and are based on a maximum likely
    reduction in inflows into the Salton Sea Basin which could be
    800,000 acre-feet or less per year.
        (4) Consideration of costs.--In evaluating the feasibility of
    options, the Secretary shall consider the ability of Federal,
    tribal, State and local government sources and private sources to
    fund capital construction costs and annual operation, maintenance,
    energy, and replacement costs and shall set forth the basis for any
    cost sharing allocations as well as anticipated repayment, if any,
    of Federal contributions.
    (c) Relationship to Other Law.--
        (1) Reclamation laws.--Activities authorized by this Act shall
    not be subject to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C.
    391 et seq.), and Acts amendatory thereof and supplemental thereto.
    Amounts expended for those activities shall be considered
    nonreimbursable for purposes of those laws and shall not be
    considered to be a supplemental or additional benefit for purposes
    of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C.
    390aa et seq.).
        (2) Preservation of rights and obligations with respect to the
    colorado river.--This Act shall not be considered to supersede or
    otherwise affect any treaty, law, decree, contract, or agreement
    governing use of water from the Colorado River. All activities
    taken under this Act must be carried out in a manner consistent
    with rights and obligations of persons under those treaties, laws,
    decrees, contracts, and agreements.

SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.

    (a) In General.--The Secretary shall provide for the conduct,
concurrently with the feasibility study under section 101(b), of
studies of hydrology, wildlife pathology, and toxicology relating to
wildlife resources of the Salton Sea by Federal and non-Federal
entities.
    (b) Selection of Topics and Management of Studies.--
        (1) In general.--The Secretary shall establish a committee to
    be known as the ``Salton Sea Research Management Committee''. The
    committee shall select the topics of studies under this section and
    manage those studies.
        (2) Membership.--The committee shall consist of the following
    five members:
            (A) The Secretary.
            (B) The Governor of California.
            (C) The Executive Director of the Salton Sea Authority.
            (D) The Chairman of the Torres Martinez Desert Cahuilla
        Tribal Government.
            (E) The Director of the California Water Resources Center.
    (c) Coordination.--The Secretary shall require that studies under
this section are coordinated through the Science Subcommittee which
reports to the Salton Sea Research Management Committee. In addition to
the membership provided for by the Science Subcommittee's charter,
representatives shall be invited from the University of California,
Riverside; the University of Redlands; San Diego State University; the
Imperial Valley College; and Los Alamos National Laboratory.
    (d) Peer Review.--The Secretary shall require that studies under
this section are subjected to peer review.
    (e) Authorization of Appropriations.--For wildlife resources
studies under this section there are authorized to be appropriated to
the Secretary, through accounts within the Fish and Wildlife Service,
exclusively, $5,000,000.
    (f) Advisory Committee Act.--The committee, and its activities, are
not subject to the Federal Advisory Commission Act (5 U.S.C. App.).

SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS SONNY BONO
              SALTON SEA NATIONAL WILDLIFE REFUGE.

    (a) Refuge Renamed.--The Salton Sea National Wildlife Refuge,
located in Imperial County, California, is hereby renamed and shall be
known as the ``Sonny Bono Salton Sea National Wildlife Refuge''.
    (b) References.--Any reference in any statute, rule, regulation,
Executive order, publication, map, or paper or other document of the
United States to the Salton Sea National Wildlife Refuge is deemed to
refer to the Sonny Bono Salton Sea National Wildlife Refuge.

TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER
                             AND NEW RIVER

SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION DRAINAGE WATER.

    (a) River Enhancement.--
        (1) In general.--The Secretary is authorized and directed to
    promptly conduct research and construct river reclamation and
    wetlands projects to improve water quality in the Alamo River and
    New River, Imperial County, California, by treating water in those
    rivers and irrigation drainage water that flows into those rivers.
        (2) Acquisitions.--The Secretary may acquire equipment, real
    property from willing sellers, and interests in real property
    (including site access) from willing sellers as needed to implement
    actions under this section if the State of California, a political
    subdivision of the State, or Desert Wildlife Unlimited has entered
    into an agreement with the Secretary under which the State,
    subdivision, or Desert Wildlife Unlimited, respectively, will,
    effective 1 year after the date that systems for which the
    acquisitions are made are operational and functional--
            (A) accept all right, title, and interest in and to the
        equipment, property, or interests; and
            (B) assume responsibility for operation and maintenance of
        the equipment, property, or interests.
        (3) Transfer of title.--Not later than 1 year after the date a
    system developed under this section is operational and functional,
    the Secretary shall transfer all right, title, and interest of the
    United States in and to all equipment, property, and interests
    acquired for the system in accordance with the applicable agreement
    under paragraph (2).
        (4) Monitoring and other actions.--The Secretary shall
    establish a long-term monitoring program to maximize the
    effectiveness of any wetlands developed under this title and may
    implement other actions to improve the efficacy of actions
    implemented pursuant to this section.
    (b) Cooperation.--The Secretary shall implement subsection (a) in
cooperation with Desert Wildlife Unlimited, the Imperial Irrigation
District, California, and other interested persons.
    (c) Federal Water Pollution Control.--Water withdrawn solely for
the purpose of a wetlands project to improve water quality under
subsection (a)(1), when returned to the Alamo River or New River, shall
not be required to meet water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
    (d) Authorization of Appropriations.--For river reclamation and
other irrigation drainage water treatment actions under this section,
there are authorized to be appropriated to the Secretary $3,000,000.

                               Speaker of the House of Representatives.

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

Summary: TABLE OF CONTENTS: Title I: Salton Sea Feasibility Study Title II: Emergency Action to Improve Water Quality in the Alamo River and New River Salton Sea Reclamation Act of 1998 - Title I: Salton Sea Feasibility Study - Directs the Secretary of the Interior, by January 1, 2000, to complete all feasibility studies and cost analyses with respect to a feasibility study for the reclamation of the Salton Sea, located in Imperial and Riverside Counties, California, which shall include options for achieving salinity reduction and stabilization, stabilizing surface elevation, restoring fish and wildlife resources, and enhancing recreational use and economic development. Requires a report to specified congressional committees containing proposed options and recommendations. Directs the Secretary to carry out the study under a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California. Prohibits the inclusion of any option that relies on the importation of any new or additional water from the Colorado River. Preserves all current rights and obligations concerning Colorado River water use. Directs the Secretary to conduct, concurrently with the feasibility study, studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea by Federal and non-Federal sources. Directs the Secretary to establish the Salton Sea Research Management Committee to select and manage such studies. Authorizes appropriations. Renames the Salton Sea National Wildlife Refuge as the Sonny Bono Salton Sea National Wildlife Refuge. Title II: Emergency Action to Improve Water Quality in the Alamo River and New River - Authorizes and directs the Secretary to promptly conduct research and construct river reclamation and wetlands projects to improve water quality in the Alamo and New Rivers in Imperial County, California, by treating water in those rivers and irrigation drainage water that flows into those rivers. Directs the Secretary to establish a long-term monitoring program to maximize the effectiveness of any wetlands developed under this Act. Authorizes appropriations.

Salton Sea Reclamation Act of 1998


SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY.

    (a) Short Title.--This Act may be cited as the ``Homeowner
Empowerment Act of 2008''.
    (b) Constitutional Authority To Enact This Legislation.--The
constitutional authority upon which this Act rests is the power of
Congress to lay and collect taxes, set forth in article I, section 8 of
the United States Constitution.

SEC. 2. EXCLUSION FROM GROSS INCOME OF CERTAIN DISTRIBUTIONS FROM
              QUALIFIED RETIREMENT PLANS USED FOR MORTGAGE PAYMENTS.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139A the following new section:

``SEC. 139B. CERTAIN DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS USED
              FOR MORTGAGE PAYMENTS.

    ``(a) In General.--Gross income shall not include a qualified
mortgage distribution.
    ``(b) Limitation.--Subsection (a) shall not apply to any
distribution made in any month to the extent that such distribution
(when added to all other distributions made in such month which are
taken into account under subsection (a) with respect to any individual)
exceeds $5,000.
    ``(c) Qualified Mortgage Distribution.--For purposes of this
section--
            ``(1) In general.--The term `qualified mortgage
        distribution' means any distribution which is made before
        January 1, 2010, from an individual retirement plan, or from
        amounts attributable to employer contributions made pursuant to
        elective deferrals described in subparagraph (A) or (C) of
        section 402(g)(3) or section 501(c)(18)(D)(iii), directly by
        the trustee of the plan to a mortgagee with respect to a
        qualified mortgage of any individual. Such term shall not
        include any distribution to the extent that such distribution
        exceeds the required minimum payment due under the terms of the
        mortgage.
            ``(2) Qualified mortgage.--The term `qualified mortgage'
        means any mortgage which is--
                    ``(A) secured by the principal residence (within
                the meaning of section 121) of the mortgagor, and
                    ``(B) originated before January 1, 2008.
    ``(d) Requirement To Repay Distributions.--For purposes of this
section--
            ``(1) In general.--The term `qualified mortgage
        distribution' shall not include any distribution except to the
        extent that one or more contributions to an individual
        retirement plan of the taxpayer in an aggregate amount equal to
        such distribution are made during the 12-year period beginning
        on the date of such distribution.
            ``(2) Treatment of recontributions.--In the case of any
        contribution to an individual retirement plan taken into
        account under paragraph (1)--
                    ``(A) the dollar limitations otherwise applicable
                to contributions to individual retirement plans shall
                not apply to such contribution, and
                    ``(B) no deduction shall be allowed for such
                contribution.
            ``(3) Failure to repay.--In the case of a failure to make
        the aggregate amount of contributions described in paragraph
        (1) during the 12-year period described therein with respect to
        any distribution which would (but for paragraph (1)) be a
        qualified mortgage distribution, such distribution shall be
        includible in the gross income of the taxpayer for the taxable
        year in which such 12-year period ends in lieu of the taxable
        year in which the distribution was made.''.
    (b) Waiver of 10 Percent Early Withdrawal Penalty Without Regard to
Repayment Requirement.--Paragraph (2) of section 72(t) is amended by
adding at the end the following new subparagraph:
                    ``(H) Qualified mortgage distributions.--Any
                qualified mortgage distribution (as defined in section
                139B, but without regard to subsection (d) thereof).''.
    (c) Conforming Amendments.--
            (1) Section 401(k)(2)(B)(i) of such Code is amended by
        striking ``or'' at the end of subclause (IV), by striking
        ``and'' at the end of subclause (V) and inserting ``or'', and
        by inserting after subclause (V) the following new subclause:
                                    ``(VI) in the case of a
                                distribution to which section 139B(a)
                                applies, the date on which such
                                distribution is made, and''.
            (2) Section 403(b)(7)(A)(ii) of such Code is amended by
        inserting ``or 139B(a)'' after ``section 72(t)(2)(G)''.
            (3) Section 403(b)(11) of such Code is amended by striking
        ``or'' at the end of subparagraph (B), by striking the period
        at the end of subparagraph (C) and inserting ``, or'', and by
        inserting after subparagraph (C) the following new
        subparagraph:
                    ``(D) for distributions to which section 139B(a)
                applies.''.
    (d) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.

Summary: Homeowner Empowerment Act of 2008 - Amends the Internal Revenue Code to: (1) exclude from gross income distributions from individual retirement plans and other qualified retirement plans for payments on the mortgage of a taxpayer's principal residence. (2) require repayments of amounts distributed from such retirement plans over a 12-year period. And (3) waive the 10 penalty on premature distributions from retirement plans for distributions used to pay a mortgage.

To amend the Internal Revenue Code of 1986 to exclude from gross income certain distributions from qualified retirement plans used for mortgage payments.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Export Promotion
Enhancement Act of 2008''.
    (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. Purpose.
         TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988

Sec. 101. Establishment and purpose.
Sec. 102. Duties.
Sec. 103. Strategic plan.
Sec. 104. Director and Associate Directors.
Sec. 105. Staff; experts and consultants.
Sec. 106. Advisory Board on Trade Promotion.
Sec. 107. Report to Congress.
Sec. 108. Report on export policy.
Sec. 109. Authorization of appropriations.
Sec. 110. Clerical amendment.
Sec. 111. Effective date.
       TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES

Sec. 201. Conforming amendments to other laws.
Sec. 202. References.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As the world's largest economy, the United States has
        an enormous stake in the future of the global trading system.
            (2) Exports are a crucial force driving the United States
        economy and job creation.
            (3) While nearly 97 percent of United States exporters are
        small and medium enterprises (SMEs), SMEs account for just over
        one-fourth of exports, leaving much room for growth.
            (4) Two-thirds of United States exporters have fewer than
        20 employees and sell to just one foreign market.
            (5) Manufacturers account for 61 percent of total United
        States exports with small manufacturers accounting for
        approximately 15 percent of total United States exports. Thirty
        percent of small manufacturers do not currently export but
        would consider doing so if they had more help in securing vital
        information on foreign markets, customers, and export
        procedures.
            (6) United States small and medium enterprises face tough
        competition from trading partners of the United States that
        aggressively undertake export promotion programs that directly
        support and underwrite the expanded growth in trade of their
        small and medium enterprises.
            (7) United States trade promotion is carried out in part by
        21 departments and agencies of the Federal Government.
        Representatives from these Federal departments and agencies are
        members of the Trade Promotion Coordinating Committee (TPCC), a
        Federal committee that has not lived up to congressional intent
        to provide a seamless offering of export promotion products and
        services due in part to the inadequate allocation of resources
        and a lack of ultimate decision making budget input authority
        to ensure effective results are achieved for the invested
        resources.

SEC. 3. PURPOSE.

    The purpose of this Act and the amendments made by this Act is to
improve the performance and results of trade promotion policies and
programs of the Federal Government in accordance with the Government
Performance and Results Act of 1993 (Public Law 103-62).

         TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988

SEC. 101. ESTABLISHMENT AND PURPOSE.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``in the Executive Office
                        of the President'' after ``shall establish'';
                            (ii) by striking ``Trade Promotion
                        Coordinating Committee'' and inserting ``Office
                        of Trade Promotion''; and
                            (iii) by striking ``TPCC'' each place it
                        appears and inserting ``Office'';
                    (B) in paragraph (1), by inserting ``and oversee''
                after ``to coordinate''; and
                    (C) in paragraph (2), by inserting ``and supervise
                implementation of'' after ``to develop''; and
            (2) in subsections (b) through (f), by striking ``TPCC''
        each place it appears and inserting ``Office''.

SEC. 102. DUTIES.

    Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(b)) is amended--
            (1) by redesignating paragraphs (1) through (6) as
        paragraphs (2) through (7), respectively;
            (2) by inserting before paragraph (2) (as redesignated) the
        following new paragraph:
            ``(1) advise the President, and others within the Executive
        Office of the President, on matters relating to trade promotion
        policies and programs of the United States Government;''.
            (3) in paragraph (2) (as redesignated), by striking
        ``coordinate'' and inserting ``supervise'';
            (4) in paragraph (4) (as redesignated)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by inserting ``and attainment of
                        measurable results'' after ``better delivery of
                        services''; and
                            (ii) by inserting ``with emphasis on small
                        and medium enterprises'' after ``United States
                        businesses''; and
                    (B) in subparagraph (C), by adding at the end
                before the semicolon the following: ``, including
                assistance to match United States businesses with
                foreign businesses, as appropriate'';
            (5) in paragraph (5) (as redesignated), by inserting ``and
        enhance the effectiveness of'' after ``prevent unnecessary
        duplication in''; and
            (6) in paragraph (6) (as redesignated) to read as follows:
            ``(6) review and make input on the appropriate levels and
        allocation of resources among agencies in support of export
        promotion and export financing and advise the President as to
        the concurrence in these allocations based on its review;
        and''.

SEC. 103. STRATEGIC PLAN.

    Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and explain'' and inserting ``,
                explain''; and
                    (B) by adding at the end before the semicolon the
                following: ``, and detail the benchmarks for the
                implementation of the priorities'';
            (2) in paragraph (2), by inserting ``and effectiveness''
        after ``to improve coordination''; and
            (3) in paragraph (4)--
                    (A) by striking ``propose to the President an
                annual'' and inserting ``include in the annual Federal
                budget submission to Congress a detailed'';
                    (B) by striking ``that supports'' and inserting
                ``and oversee its implementation so it supports''; and
                    (C) by adding ``and'' after the semicolon;
            (4) in paragraph (5), by striking ``; and'' and inserting a
        period; and
            (5) by striking paragraph (6).

SEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended by striking subsection (d) and inserting the following new
subsection:
    ``(d) Director and Associate Directors.--
            ``(1) Director.--There shall be at the head of the Office a
        Director of the Office of Trade Promotion, who shall--
                    ``(A) be appointed by the President, by and with
                the advice and consent of the Senate; and
                    ``(B) be compensated at a rate consistent with the
                compensation of the directors of other offices within
                the Executive Office of the President.
            ``(2) Associate directors.--The President may appoint not
        more than two Associate Directors of the Office of Trade
        Promotion, by and with the advice and consent of the Senate,
        who shall each--
                    ``(A) be compensated at a rate not to exceed the
                rate provided for other associate directors of offices
                within the Executive Office of the President; and
                    ``(B) perform such functions as the Director may
                prescribe.''.

SEC. 105. STAFF; EXPERTS AND CONSULTANTS.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended by striking subsection (e) and inserting the following new
subsection:
    ``(e) Staff; Experts and Consultants.--
            ``(1) Staff.--
                    ``(A) In general.--The Director of the Office may
                appoint and fix the pay of additional personnel as the
                Director considers appropriate.
                    ``(B) Staff of federal agencies.--Upon request of
                the Director, the head of any Federal department or
                agency that is represented on the Advisory Board on
                Trade Promotion established pursuant to subsection (f)
                may detail any of the personnel of that department or
                agency to the Office to assist it in carrying out its
                duties under this section.
            ``(2) Experts and consultants.--The Director of the Office
        may procure temporary and intermittent services under section
        3109(b) of title 5, United States Code, but at rates for
        individuals not to exceed the daily equivalent of the maximum
        annual rate of basic pay for GS-15 of the General Schedule.''.

SEC. 106. ADVISORY BOARD ON TRADE PROMOTION.

    (a) Advisory Board on Trade Promotion.--Section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new
        subsection:
    ``(f) Advisory Board on Trade Promotion.--
            ``(1) Establishment and purpose.--The President shall
        establish the Advisory Board on Trade Promotion (hereafter in
        this subsection referred to as the `Advisory Board'). The
        purpose of the Advisory Board shall be to advise the Director
        of the Office in carrying out the duties of the Office under
        this section and section 6 of the Export Enhancement Act of
        1999 (15 U.S.C. 4727a).
            ``(2) Membership.--
                    ``(A) In general.--Members of the Advisory Board
                shall include representatives from--
                            ``(i) the Department of Agriculture;
                            ``(ii) the Department of Commerce;
                            ``(iii) the Department of Defense;
                            ``(iv) the Department of Energy;
                            ``(v) the Department of the Interior;
                            ``(vi) the Department of Labor;
                            ``(vii) the Department of State;
                            ``(viii) the Department of Transportation;
                            ``(ix) the Department of the Treasury;
                            ``(x) the Environmental Protection Agency;
                            ``(xi) the Export-Import Bank of the United
                        States;
                            ``(xii) the United States Agency for
                        International Development;
                            ``(xiii) the Millennium Challenge
                        Corporation;
                            ``(xiv) the Office of Management and
                        Budget;
                            ``(xv) the Overseas Private Investment
                        Corporation;
                            ``(xvi) the Small Business Administration;
                            ``(xvii) the Trade and Development Agency;
                            ``(xviii) the Office of the United States
                        Trade Representative; and
                            ``(xix) at the discretion of the President,
                        such other departments or agencies as may be
                        necessary.
                    ``(B) Chairperson.--The Secretary of Commerce shall
                serve as the chairperson of the Advisory Board.
            ``(3) Member qualifications.--Members of the Advisory Board
        shall be appointed by the heads of their respective departments
        or agencies. Such members, as well as alternates designated by
        any members unable to attend a meeting of the Advisory Board,
        shall be individuals who exercise significant decisionmaking
        authority in their respective departments or agencies.''.
    (b) Environmental Trade Promotion.--
            (1) Environmental trade working group.--Section 2313(b) of
        the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is
        amended--
                    (A) in the heading, by striking ``Trade Promotion
                Coordination Committee'' and inserting ``Advisory Board
                on Trade Promotion'';
                    (B) in paragraph (1)--
                            (i) by striking ``Trade Promotion
                        Coordination Committee'' and inserting
                        ``Advisory Board on Trade Promotion''; and
                            (ii) by striking ``TPCC'' and inserting
                        ``Advisory Board'';
                    (C) in paragraph (2)(A), by striking ``TPCC'' and
                inserting ``Advisory Board''; and
                    (D) in paragraph (4) to read as follows:
            ``(4) Report to congress.--The chairperson of the Advisory
        Board shall submit to the Director of the Office of Trade
        Promotion a report on the activities of the Working Group to be
        included in the annual report submitted to Congress by the
        Director of the Office pursuant to section 2312(g).''.
            (2) Environmental technologies trade advisory committee.--
        Section 2313(c)(1) of the Export Enhancement Act of 1988 (15
        U.S.C. 4728(c)(1)) is amended by striking ``TPCC'' and
        inserting ``Advisory Board''.
            (3) International regional environmental initiatives.--
        Section 2313(h) of the Export Enhancement Act of 1988 (15
        U.S.C. 4728(h)) is amended by striking ``TPCC'' each place it
        appears and inserting ``Office of Trade Promotion''.

SEC. 107. REPORT TO CONGRESS.

    (a) Report to Congress.--Section 2312(g) of the Export Enhancement
Act of 1988 (as redesignated by section 106(a)(1) of this title) is
amended to read as follows:
    ``(g) Report to Congress.--
            ``(1) In general.--The Director of the Office shall prepare
        and submit to the appropriate congressional committees an
        annual report that describes the strategic plan developed by
        the Office pursuant to subsection (c), the implementation of
        the plan and any revisions thereto, and the extent to which
        funding for the plan is appropriate.
            ``(2) Definition.--In this subsection, the term
        `appropriate congressional committees' means--
                    ``(A) the Committee on Banking, Housing, and Urban
                Affairs of the Senate; and
                    ``(B) the Committee on Foreign Affairs of the House
                of Representatives.''.

SEC. 108. REPORT ON EXPORT POLICY.

    Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15
U.S.C. 4729(b)(1)(B)) is amended to read as follows:
                    ``(B) the report of the Director of the Office of
                Trade Promotion that contains the strategic plan
                submitted to Congress in accordance with section
                2312(g);''.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C.
4727), as amended by this title, is further amended by adding at the
end the following new subsection:
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        to carry out this section and section 2313, section 6 of the
        Export Enhancement Act of 1999, and section 304 of the FREEDOM
        Support Act such sums as may be necessary for fiscal year 2008
        and each subsequent fiscal year.
            ``(2) Availability.--Amounts appropriated pursuant to the
        authorization of appropriations under paragraph (1) are
        authorized to remain available until expended.''.

SEC. 110. CLERICAL AMENDMENT.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C.
4727(a)) is amended in the heading by striking ``trade promotion
coordinating committee'' and inserting ``office of trade promotion''.

SEC. 111. EFFECTIVE DATE.

    The President shall establish the Office of Trade Promotion and the
Advisory Board on Trade Promotion pursuant to section 2312 of the
Export Enhancement Act of 1988 (as amended by this title) not later
than 180 days after the date of the enactment of this Act.

       TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES

SEC. 201. CONFORMING AMENDMENTS TO OTHER LAWS.

    (a) Export Enhancement Act of 1999.--The Export Enhancement Act of
1999 is amended--
            (1) in section 6 (15 U.S.C. 1547a)--
                    (A) in the heading, by striking ``tpcc'' and
                inserting ``the office of trade promotion'';
                    (B) in the matter preceding paragraph (1), by
                striking ``Trade Promotion Coordinating Committee'' and
                inserting ``Office of Trade Promotion''; and
                    (C) in paragraph (3), by striking ``inclding'' and
                inserting ``including''; and
            (2) in the heading of section 7, by striking ``tpcc
        reports'' and inserting ``reports of the office of trade
        promotion''.
    (b) FREEDOM Support Act.--The FREEDOM Support Act is amended--
            (1) in section 303(b) (22 U.S.C. 5823(b)), by striking
        ``Chair of the Trade Promotion Coordinating Committee'' and
        inserting ``Director of the Office of Trade Promotion'';
            (2) in section 304 (22 U.S.C. 5824)--
                    (A) in the heading, by striking ``trade promotion
                coordinating committee'' and inserting ``office of
                trade promotion''; and
                    (B) in the matter preceding paragraph (1), by
                striking ``Trade Promotion Coordinating Committee'' and
                inserting ``Office of Trade Promotion''; and
            (3) by amending the item relating to section 304 of the
        table of contents to read as follows:

``Sec. 304. Interagency working group on energy of the Office of Trade
                            Promotion.''.
    (c) Export-Import Bank Act of 1945.--Section 2(b)(1)(A) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by
striking ``Trade Promotion Coordinating Committee'' and inserting
``Office of Trade Promotion''.

SEC. 202. REFERENCES.

    Any reference in a law, regulation, document, or other record of
the United States to the Trade Promotion Coordinating Committee or TPCC
shall be deemed to be a reference to the Office of Trade Promotion.

Summary: Export Promotion Enhancement Act of 2008 - Amends the Export Enhancement Act of 1988 to establish in the Executive Office of the President the Office of Trade Promotion. (Currently, there exists a Trade Promotion Coordinating Committee Requires the Office to perform duties currently assigned to the TPCC, as well as advise the President and others within the Executive Office on matters relating to trade promotion policies and programs of the US Government. Requires the President to appoint an Office Director. Authorizes the President to appoint up to two Associate Directors. Directs the President to establish the Advisory Board on Trade Promotion to advise the Office Director.

To amend the Export Enhancement Act of 1988 to establish the Office of Trade Promotion in the Executive Office of the President, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reclamation Rural and Small
Community Water Enhancement Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Federal reclamation laws.--The term ``Federal
        reclamation laws'' means the Reclamation Act and Acts
        amendatory thereof and supplementary thereto;
            (2) Regional rural water supply system.--The term
        ``regional rural water supply system'' means a water supply
        system that serves multiple towns or communities in a rural
        area (including Indian reservations) where such towns or
        communities have a population not exceeding 40,000 persons.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. GENERAL AUTHORITY.

            (a) In General.--The Secretary, acting pursuant to the
        Federal reclamation laws, is directed to undertake a program to
        investigate and identify opportunities to ensure safe and
        adequate regional rural water supply systems for municipal and
        industrial use in small communities and rural areas through the
        construction of new regional rural water supply systems and the
        enhancement of existing rural water supply systems.
    (b) Exception.--
            (1) In conducting the investigations and studies authorized
        by this Act, the Secretary may include a town or community with
        a population in excess of 40,000 persons if, in the Secretary's
        discretion, such town or community is considered to be a
        critical partner in the proposed regional rural water supply
        system.
            (2) In conducting a feasibility study of a regional rural
        water supply system that includes a community with a population
        in excess of 40,000 persons, the Secretary may consider a non-
        federal cost share in excess of the percentage set forth in
        sections 6(a) and 6(b)(5).
    (c) Limitation.--Such program shall be limited to the States and
areas referred to in section 1 of the Reclamation Act of 1902 (Act of
June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands
within the external boundaries of such States and areas.
    (d) Agreements.--The Secretary is authorized to enter into such
agreements and promulgate such regulations as may be necessary to carry
out the purposes and provisions of this Act.

SEC. 4. COORDINATION AND PLANNING.

    (a) Coordination.--
            (1) Consultation.--In undertaking this program, the
        Secretary shall consult and coordinate with the Secretary of
        Agriculture, the Administrator of the Environmental Protection
        Agency, and the Director of the Indian Health Service, in order
        to develop criteria to ensure that the program does not
        duplicate, but instead complements, activities undertaken
        pursuant to the authorities administered by such agency heads.
            (2) Report on authorities.--Within one year after the date
        of enactment of this Act, the Secretary shall submit to the
        Committee on Energy and Natural Resources of the Senate and the
        Committee on Resources of the House of Representatives, a
        report setting forth the results of the consultation required
        in paragraph (1) and criteria developed pursuant to such
        consultation.
    (b) Report and Action on Authorized Projects.--
            (1) Within one year after the date of enactment of this
        Act, the Secretary shall submit to the Committee on Energy and
        Natural Resources of the Senate and the Committee on Resources
        of the House of Representatives a report setting forth--
                    (A) the status of all rural water projects within
                the jurisdiction of the Secretary authorized prior to
                the date of enactment of this Act; and
                    (B) the Secretary's plan, including projected
                financial and workforce requirements, for the
                completion of the rural water projects within the time
                frames set forth in the public laws authorizing the
                projects or the final engineering reports submitted
                pursuant thereto.
            (2) The Secretary shall take all necessary steps to
        complete the projects within the time frames identified in
        subsection (1)(B).

SEC. 5. APPRAISAL INVESTIGATIONS.

    (a) Appraisal Investigations.--Based on evidence of local interest
and upon the request of a local sponsor, the Secretary may undertake
appraisal investigations to identify opportunities for the construction
of regional rural water supply systems and the enhancement of existing
rural water supply systems for small communities and rural areas. Each
such investigation shall include recommendations as to the preparation
of a feasibility study of the potential system or system enhancement.
    (b) Considerations.--Appraisal investigations undertaken pursuant
to this Act shall consider, among other things--
            (1) whether an established water supply exists for the
        proposed regional rural water supply system;
            (2) the need for the regional rural water supply system or
        for enhancements to an existing rural water system, including
        but not limited to, alternative water supply opportunities and
        projected demand for water supply;
            (3) environmental considerations relating to the regional
        rural water supply system or rural water system enhancement;
            (4) public health and safety considerations relating to the
        regional rural water supply system or rural water system
        enhancement;
            (5) Indian trust responsibility considerations relating to
        the regional rural water supply system or rural water system
        enhancement; and
            (6) the availability of other Federal authorities or
        programs to address the water supply needs identified.
    (c) Consultation and Cooperation.--The Secretary shall consult and
cooperate with appropriate Federal, state, tribal, regional, and local
authorities during the conduct of each appraisal investigation
conducted pursuant to this Act.
    (d) Costs Nonreimbursable.--The costs of such appraisal
investigations shall be nonreimbursable.
    (e) Public Availability.--The Secretary shall make available to the
public, upon request, the results of each appraisal investigation
undertaken pursuant to this Act, and shall promptly publish in the
Federal Register a notice of the availability of those results.

SEC. 6. FEASIBILITY STUDIES.

    (a) Feasibility Studies.--The Secretary is authorized to
participate with appropriate Federal, state, tribal, regional, and
local authorities in studies to determine the feasibility of regional
rural water supply systems and rural water supply system enhancements
where an appraisal investigation so warrants. The Federal share of the
costs of such feasibility studies shall not exceed 50 percent of the
total, except that the Secretary may increase the Federal share of the
costs of such feasibility study if the Secretary determines, based upon
a demonstration of financial hardship, that the non-Federal participant
is unable to contribute at least 50 percent of the costs of such study.
The Secretary may accept as part of the non-Federal cost share the
contribution of such in-kind services by the non-Federal participant
that the Secretary determines will contribute substantially toward the
conduct and completion of the study.
    (b) Considerations.--In addition to the requirements of other
Federal laws, feasibility studies authorized under this Act shall
consider, among other things--
            (1) whether an established water supply exists for the
        proposed regional rural water supply system;
            (2) near- and long-term water demand and supplies in the
        study area including any opportunities to treat and utilize
        impaired water supplies through innovative and economically
        viable treatment technologies;
            (3) public health and safety and environmental quality
        issues related to the regional rural water supply system or
        rural water system enhancement;
            (4) opportunities for water conservation in the study area
        to reduce water use and water system costs;
            (5) the construction costs and projected operation and
        maintenance costs of the proposed regional rural water supply
        system and an assessment of participating communities' ability
        to pay 20 percent to 50 percent of the construction costs and
        the full share of the system operation and maintenance costs;
            (6) opportunities for mitigation of fish and wildlife
        losses incurred as a result of the construction of the regional
        rural water supply system or rural water system enhancement on
        an acre-for-acre basis, based on ecological equivalency,
        concurrent with system construction; and
            (7) the extent to which assistance for rural water supply
        is available pursuant to other Federal authorities and the
        likely effectiveness of efforts to coordinate assistance
        provided by the Secretary with other available Federal programs
        and assistance.
    (c) Use of Other Reports.--In conducting a feasibility study
pursuant to this section, or an appraisal investigation under section
5, the Secretary shall, to the maximum extent practicable, utilize, in
whole or in part, any engineering or other relevant report submitted by
a state, tribal, regional, or local authority associated with the
proposed regional rural water supply system.
    (d) Public Availability.--The Secretary shall make available to the
public, upon request, the results of each feasibility study undertaken
pursuant to this Act, and shall promptly publish in the Federal
Register a notice of the availability of those results.
    (e) Disclaimer.--Nothing contained in this section shall be
interpreted as requiring a feasibility study or imposing any other new
requirement for rural water projects or programs that are already
authorized.

SEC. 7. AUTHORIZATION.

    There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.

Summary: Reclamation Rural and Small Community Water Enhancement Act - Directs the Secretary of the Interior to undertake a program to investigate and identify opportunities for ensuring safe and adequate regional rural water supply systems for use in small communities and rural areas through the construction of new regional systems and the enhancement of existing ruralsystems. Limits participation in such program to the States and areas referred to in the Reclamation Act of 1902. Requires the Secretary to: (1) submit to specified congressional committees a report setting forth the status of all rural water projects within the Secretary's jurisdiction authorized prior to enactment of this Act and the Secretary 's plan for completing such projects within their respective time frames. And (2) take steps to complete such projects within such time frames. Authorizes the Secretary to undertake appraisal investigations to identify opportunities for the construction of new systems and enhancement of existing systems for small communities and rural areas. And (2) participate with appropriate Federal, State, tribal, regional, and local authorities in studies to determine the feasibility of such projects where such an investigation so warrants.

A bill to provide for a Bureau of Reclamation program to assist states and local communities in evaluating and developing rural and small community water supply systems, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Fair Drug Pricing Act of
2015''.

SEC. 2. REQUIREMENT TO DETERMINE LOWER COVERED PART D DRUG PRICES FOR
              CERTAIN COVERED PART D DRUGS.

    (a) In General.--Section 1860D-11(i) of the Social Security Act (42
U.S.C. 1395w-111(i)) is amended--
            (1) by striking ``(i) Noninterference.--In'' and inserting
        the following:
    ``(i) Noninterference.--
            ``(1) In general.--In'';
            (2) by inserting ``subject to paragraph (2),'' after
        ``part,''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Exception for specified drugs.--
                    ``(A) Requirement.--
                            ``(i) In general.--Notwithstanding
                        paragraph (1), the part D price for specified
                        drugs shall be determined in accordance with
                        the process described in subparagraph (B).
                            ``(ii) Specified drugs.--For purposes of
                        this paragraph, the term `specified drug' means
                        a covered part D drug--
                                    ``(I) that is--
                                            ``(aa) a single source drug
                                        or biological;
                                            ``(bb) not a biological
                                        product licensed pursuant to an
                                        application under section
                                        351(k) of the Public Health
                                        Service Act; and
                                            ``(cc) not both
                                        manufactured by more than two
                                        drug manufacturers and
                                        manufactured by at least one
                                        such manufacturer as a generic
                                        drug; or
                                    ``(II) that--
                                            ``(aa) is selected by the
                                        Secretary for purposes of this
                                        paragraph; and
                                            ``(bb) the Secretary
                                        determines is a covered part D
                                        drug with respect to which
                                        there is limited ability for
                                        PDP sponsors and MA
                                        organizations to negotiate
                                        manufacturer rebates, such that
                                        the Secretary determines that
                                        the failure to apply this
                                        paragraph will have a
                                        significant fiscal impact on
                                        the program under this title.
                            ``(iii) Part d price defined.--For purposes
                        of this paragraph, the term `part D price'
                        means, with respect to a covered part D drug,
                        the price (including discounts, rebates, and
                        other price concessions) that may be charged to
                        PDP sponsors and MA organizations for such drug
                        for part D eligible individuals who are
                        enrolled under a prescription drug plan or
                        under an MA-PD plan.
                            ``(iv) Regulations for identification of
                        specified drugs.--The Secretary, not later than
                        one year after the date of the enactment of
                        this paragraph, shall promulgate regulations
                        regarding the identification of single source
                        drugs and biologicals as specified drugs.
                            ``(v) Process to petition that drug is no
                        longer a specified drug.--The Secretary shall
                        establish a process under which a manufacturer
                        for a specified drug may petition the Secretary
                        for the rescinding of a previous identification
                        of a drug as a specified drug under clause (ii)
                        based upon the drug involved no longer being a
                        specified drug.
                    ``(B) Price determination process.--For purposes of
                subparagraph (A), the process described in this
                subparagraph, with respect to the part D price for a
                specified drug for a plan year, is the following:
                            ``(i) Limited period for negotiation for
                        first plan year.--
                                    ``(I) In general.--The Secretary
                                shall negotiate such price with the
                                drug manufacturer involved for a period
                                of not more than 90 days beginning on
                                the date of identification of the drug
                                as a specified drug for such plan year
                                by the Secretary.
                                    ``(II) Successful negotiations.--In
                                the case that such negotiation with
                                respect to such 90-day period results
                                in a price that is agreed to by both
                                the Secretary and manufacturer, such
                                price shall be the maximum part D price
                                for such specified drug through the end
                                of the plan year beginning after such
                                period.
                            ``(ii) Secretary sets price for first plan
                        year in case of failure to negotiate price.--In
                        the case that negotiations under clause (i),
                        with respect to a specified drug, do not result
                        in a price for such specified drug that is so
                        agreed to by the Secretary and drug
                        manufacturer, the Secretary shall determine a
                        price for such drug based on--
                                    ``(I) the information provided to
                                the Secretary by the drug manufacturer
                                during the 90-day period described in
                                clause (i)(I) regarding costs
                                associated with such drug that are
                                applicable with respect to such drug
                                manufacturer;
                                    ``(II) in the case that payment is
                                made for such drug by the Department of
                                Veterans Affairs or under title XIX,
                                the net priced paid for such drug by
                                such Department or under such title, as
                                applicable;
                                    ``(III) ensuring affordability of
                                such drug, and accessibility to such
                                drug, for individuals entitled to
                                benefits under part A or enrolled under
                                part B; and
                                    ``(IV) such other factors as the
                                Secretary determines appropriate.
                        The price determined under this clause shall be
                        the maximum part D price for such specified
                        drug through the end of the plan year beginning
                        after such determination of such price.
                            ``(iii) Price in subsequent plan years.--
                        For each plan year that is subsequent to the
                        plan year for which a price is determined for a
                        specified drug under clause (i) or (ii) and in
                        which, on the first day of such subsequent plan
                        year, the identification of such drug as a
                        specified drug still applies, the maximum price
                        for such drug shall be the maximum part D price
                        for the previous year determined under clause
                        (i) or (ii), as applicable, increased by the
                        percentage increase in the consumer price index
                        for all urban consumers (all items; U.S. city
                        average) for the 12-month period ending with
                        June of the year before such subsequent plan
                        year.
                            ``(iv) Consultation.--In determining a
                        price for a specified drug under clause (ii),
                        the Secretary may consult with the Comptroller
                        General, the Medicare Payment Advisory
                        Commission, the Medicaid and CHIP Payment and
                        Access Commission, or other outside,
                        independent experts.
                    ``(C) No change in rules for formularies.--
                            ``(i) In general.--Nothing in subparagraph
                        (A) or (B) shall be construed to authorize the
                        Secretary to establish or require a particular
                        formulary.
                            ``(ii) Construction.--Clause (i) shall not
                        be construed as affecting the Secretary's
                        authority to ensure appropriate and adequate
                        access to covered part D drugs under
                        prescription drug plans and under MA-PD plans,
                        including compliance of such plans with
                        formulary requirements under section 1860D-
                        4(b)(3).
                    ``(D) Construction.--Nothing in this paragraph
                shall be construed as--
                            ``(i) preventing the sponsor of a
                        prescription drug plan, or an organization
                        offering an MA-PD plan, from obtaining a
                        discount or reduction of the price for a
                        covered part D drug described in subparagraph
                        (A) below the price negotiated under such
                        subparagraph or determined under subparagraph
                        (B); or
                            ``(ii) permitting the Secretary to make
                        proprietary data available to the public.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Drug manufacturer.--The term `drug
                        manufacturer' has the meaning given the term
                        `manufacturer' in section 1860D-14A(g)(5).
                            ``(ii) Single source drug or biological.--
                        The term `single source drug or biological' has
                        the meaning given such term in section
                        1847A(c)(6)(D).''.
    (b) Requiring Participation in Negotiation Process as Condition of
Part D Drug Coverage.--Section 1860D-14A(b) of the Social Security Act
(42 U.S.C. 1395w-114a(b)) is amended by adding at the end the following
new paragraph:
            ``(5) Participation in negotiation process.--Each agreement
        under this subsection shall include, with respect to plans
        years beginning with plan year 2017, an agreement by the
        manufacturer, with respect to each specified drug of such
        manufacturer under section 1860d-11(i)(2), to participate in
        the negotiation process under such section for such drug,
        including accepting the price resulting from the negotiation
        (or, in the case that such negotiation does not result in a
        price for such drug that is agreed to by the Secretary and the
        manufacturer, the price resulting from the application of
        subparagraph (B)(ii) of such section) as the maximum price for
        such drug for the period provided under such section.''.

SEC. 3. STUDY AND REPORT.

    (a) Study.--The Secretary of Health and Human Services shall
conduct a study examining--
            (1) the impact of the amendments made by section 2 on--
                    (A) the cost of single source drugs and biologicals
                (as defined in section 1847A(c)(6)(D) of the Social
                Security Act (42 U.S.C. 1395w-3a(c)(6)(D))) for which
                payment is made under part B of title XVIII of such
                Act; and
                    (B) the accessibility of such drugs and biologicals
                for individuals entitled to benefits under part A of
                such title or enrolled under part B of such title; and
            (2) options that would permit or require the Secretary to
        create and implement, not later than one year after the date of
        the report described in subsection (b)--
                    (A) a method to apply to such single source drugs
                and biologicals for which the Secretary determines
                appropriate--
                            (i) an authority similar to the authority
                        granted to the Secretary under subparagraph (A)
                        of section 1860D-11(i)(2) of such Act (relating
                        to negotiating with drug manufacturers the part
                        D prices for certain specified drugs); and
                            (ii) a negotiation process similar to the
                        process under subparagraph (B) of such section;
                        and
                    (B) a method, such as a rebate program, to
                incorporate the rate negotiated for such drugs and
                biologicals pursuant to the authority described in
                subparagraph (A) into payments for such drugs and
                biologicals under part B of such Act.
    (b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit a report to Congress on the results of the study conducted under
subsection (a). Such report shall include recommendations regarding the
options examined pursuant to paragraph (2) of such subsection.

Summary: Medicare Fair Drug Pricing Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare amp. Medicaid Services (CMS) to negotiate with drug manufacturers in determining the price that may be charged for prescription drugs under the Medicare prescription drug benefit. Under current law, CMS may not interfere with negotiations between drug manufacturers and prescription drug plan (PDP) sponsors. The bill creates an exception to this prohibition with respect to specified drugs that: (1) are single-source or biological, (2) are not both manufactured by more than two drug manufacturersnbsp. And manufactured by at least one manufacturer as a generic drug, and (3) meet other specified requirements. CMS must promulgate regulations regarding the identification of such drugs. With respect tonbsp. These drugs, CMS shall negotiate the price that may be charged to PDP sponsors and Medicare Advantage (MA) organizations for Medicare and MA enrollees. The bill establishes processes for negotiation and price determination in the initial plan year and subsequent plan years. A manufacturer must participate in the negotiation process as a condition of coverage under the Medicare prescription drug benefit.

Medicare Fair Drug Pricing Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Tuberculosis (TB) Now Act of
2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Tuberculosis is one of the greatest infectious causes
        of death of adults worldwide, killing 1.6 million people per
        year--one person every 20 seconds.
            (2) One-third of the world's population is infected with
        the tuberculosis bacterium and an estimated 8.8 million
        individuals develop active tuberculosis each year.
            (3) Tuberculosis is the leading infectious killer among
        individuals who are HIV-positive due to their weakened immune
        systems, and it is estimated that one-third of people with HIV
        infection have tuberculosis.
            (4) Today, tuberculosis is a leading killer of women of
        reproductive age.
            (5) There are 22 countries that account for 80 percent of
        the world's burden of tuberculosis. The People's Republic of
        China and India account for 36 percent of all estimated new
        tuberculosis cases each year.
            (6) Driven by the HIV/AIDS pandemic, incidence rates of
        tuberculosis in Africa have more than doubled on average since
        1990. The problem is so pervasive that in August 2005, African
        Health Ministers and the World Health Organization (WHO)
        declared tuberculosis to be an emergency in Africa.
            (7) The wide extent of drug resistance, including both
        multi-drug resistant tuberculosis (MDR-TB) and extensively drug
        resistant tuberculosis (XDR-TB), represents both a critical
        challenge to the global control of tuberculosis and a serious
        worldwide public health threat. XDR-TB, which is characterized
        as being MDR-TB with additional resistance to multiple second-
        line anti-tuberculosis drugs, is associated with worst
        treatment outcomes of any form of tuberculosis. XDR-TB is
        converging with the HIV epidemic, undermining gains in HIV
        prevention and treatment programs and requires urgent
        interventions. Drug resistance surveillance reports have
        confirmed the serious scale and spread of tuberculosis with
        XDR-TB strains confirmed on six continents. Demonstrating the
        lethality of XDR-TB, an initial outbreak in Tugela Ferry, South
        Africa, in 2006 killed 52 of 53 patients with hundreds more
        cases reported since that time. Of the world's regions, sub-
        Saharan Africa, faces the greatest gap in capacity to prevent,
        find, and treat XDR-TB.
            (8) With more than 50 percent of tuberculosis cases in the
        United States attributable to foreign-born individuals and with
        the increase in international travel, commerce, and migration,
        elimination of tuberculosis in the United States depends on
        efforts to control the disease in developing countries. Recent
        research has shown that to invest in tuberculosis control
        abroad, where treatment and program costs are significantly
        cheaper than in the United States, would be a cost-effective
        strategy to reduce tuberculosis-related morbidity and mortality
        domestically.
            (9) The threat that tuberculosis poses for Americans
        derives from the global spread of tuberculosis and the
        emergence and spread of strains of multi-drug resistant
        tuberculosis and extensively drug resistant tuberculosis, which
        are far more deadly, and more difficult and costly to treat.
            (10) DOTS (Directly Observed Treatment Short-course) is one
        of the most cost-effective health interventions available today
        and is a core component of the new Stop TB Strategy.
            (11) The Stop TB Strategy, developed by the World Health
        Organization, builds on the success of DOTS and ongoing
        challenges so as to serve all those in need and reach targets
        for prevalence, mortality, and incidence reduction. The Stop TB
        Strategy includes six components:
                    (A) Pursuing high-quality expansion and enhancement
                of DOTS coverage.
                    (B) Implementing tuberculosis and HIV collaborative
                activities, preventing and controlling multi-drug
                resistant tuberculosis, and addressing other special
                challenges.
                    (C) Contributing to the strengthening of health
                systems.
                    (D) Engaging all health care providers, including
                promotion of the International Standards for
                Tuberculosis Care.
                    (E) Empowering individuals with tuberculosis and
                communities.
                    (F) Enabling and promoting research to develop new
                diagnostics, drugs, vaccines, and program-based
                operational research relating to tuberculosis.
            (12) The Global Plan to Stop TB 2006-2015: Actions for Life
        is a comprehensive plan developed by the Stop TB Partnership
        that sets out the actions necessary to achieve the millennium
        development goal of cutting tuberculosis deaths and disease
        burden in half by 2015 and thus eliminate tuberculosis as a
        global health problem by 2050.
            (13) While innovations such as the Global Tuberculosis Drug
        Facility have enabled low-income countries to treat a standard
        case of tuberculosis with drugs that cost as little as $16 for
        a full course of treatment, there are still millions of
        individuals with no access to effective treatment.
            (14) As the global resource investment in fighting
        tuberculosis increases, partner nations and international
        institutions must commit to a corresponding increase in the
        technical and program assistance necessary to ensure that the
        most effective and efficient tuberculosis treatments are
        provided.
            (15) The Global Fund to Fight AIDS, Tuberculosis and
        Malaria is an important global partnership established to
        combat these three infectious diseases that together kill
        millions of people a year. Expansion of effective tuberculosis
        treatment programs constitutes a major component of Global Fund
        investment, along with integrated efforts to address HIV and
        tuberculosis in areas of high prevalence.
            (16) The United States Agency for International Development
        and the Centers for Disease Control and Prevention are actively
        involved with global tuberculosis control efforts. Because the
        global tuberculosis epidemic directly impacts tuberculosis in
        the United States, Congress has urged the Centers for Disease
        Control and Prevention each year to increase its involvement
        with international tuberculosis control efforts.
            (17) The United States Agency for International Development
        is the lead United States Government agency for international
        tuberculosis efforts, working in close partnership with the
        Centers for Disease Control and Prevention and with the
        President's Emergency Plan for HIV/AIDS Relief. The goal of the
        United States Agency for International Development is to
        contribute to the global reduction of morbidity and mortality
        associated with tuberculosis by building country capacity to
        prevent and cure tuberculosis and achieve global targets of 70
        percent case detection and 85 percent treatment success rates.
        The United States Agency for International Development provides
        support for tuberculosis programs in countries that have a high
        burden of tuberculosis, a high prevalence of tuberculosis and
        HIV, and a high risk of MDR-TB.

SEC. 3. ASSISTANCE TO COMBAT TUBERCULOSIS.

    (a) Policy.--Subsection (b) of section 104B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-3) is amended to read as
follows:
    ``(b) Policy.--It is a major objective of the foreign assistance
program of the United States to control tuberculosis. In all countries
in which the Government of the United States has established
development programs, particularly in countries with the highest burden
of tuberculosis and other countries with high rates of tuberculosis,
the United States Government should prioritize the achievement of the
following goals by not later than December 31, 2015:
            ``(1) Reduce by half the tuberculosis death and disease
        burden from the 1990 baseline.
            ``(2) Sustain or exceed the detection of at least 70
        percent of sputum smear-positive cases of tuberculosis and the
        cure of at least 85 percent of those cases detected.''.
    (b) Authorization.--Subsection (c) of such section is amended--
            (1) in the heading, by striking ``Authorization'' and
        inserting ``Assistance Required''; and
            (2) by striking ``is authorized to'' and inserting
        ``shall''.
    (c) Priority To Stop TB Strategy.--Subsection (e) of such section
is amended--
            (1) in the heading, to read as follows: ``Priority To Stop
        TB Strategy.--'';
            (2) in the first sentence, by striking ``In furnishing''
        and all that follows through ``, including funding'' and
        inserting the following:
            ``(1) Priority.--In furnishing assistance under subsection
        (c), the President shall give priority to--
                    ``(A) activities described in the Stop TB Strategy,
                including expansion and enhancement of DOTS coverage,
                treatment for individuals infected with both
                tuberculosis and HIV and treatment for individuals with
                multi-drug resistant tuberculosis (MDR-TB),
                strengthening of health systems, use of the
                International Standards for Tuberculosis Care by all
                providers, empowering individuals with tuberculosis,
                and enabling and promoting research to develop new
                diagnostics, drugs, and vaccines, and program-based
                operational research relating to tuberculosis; and
                    ``(B) funding''; and
            (3) in the second sentence--
                    (A) by striking ``In order to'' and all that
                follows through ``not less than'' and inserting the
                following:
            ``(2) Availability of amounts.--In order to meet the
        requirements of paragraph (1), the President--
                    ``(A) shall ensure that not less than'';
                    (B) by striking ``for Directly Observed Treatment
                Short-course (DOTS) coverage and treatment of multi-
                drug resistant tuberculosis using DOTS-Plus,'' and
                inserting ``to implement the Stop TB Strategy; and'';
                and
                    (C) by striking ``including'' and all that follows
                and inserting the following:
                    ``(B) should ensure that not less than $15,000,000
                of the amount made available to carry out this section
                for a fiscal year is used to make a contribution to the
                Global Tuberculosis Drug Facility.''.
    (d) Assistance for WHO and the Stop Tuberculosis Partnership.--Such
section is further amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new
        subsection:
    ``(f) Assistance for WHO and the Stop Tuberculosis Partnership.--In
carrying out this section, the President, acting through the
Administrator of the United States Agency for International
Development, is authorized to provide increased resources to the World
Health Organization (WHO) and the Stop Tuberculosis Partnership to
improve the capacity of countries with high rates of tuberculosis and
other affected countries to implement the Stop TB Strategy and specific
strategies related to addressing extensively drug resistant
tuberculosis (XDR-TB).''.
    (e) Definitions.--Subsection (g) of such section, as redesignated
by subsection (d)(1), is amended--
            (1) in paragraph (1), by adding at the end before the
        period the following: ``, including low cost and effective
        diagnosis and evaluation of treatment regimes, vaccines, and
        monitoring of tuberculosis, as well as a reliable drug supply,
        and a management strategy for public health systems, with
        health system strengthening, promotion of the use of the
        International Standards for Tuberculosis Care by all care
        providers, bacteriology under an external quality assessment
        framework, short-course chemotherapy, and sound reporting and
        recording systems''; and
            (2) by adding after paragraph (5) the following new
        paragraph:
            ``(6) Stop tb strategy.--The term `Stop TB Strategy' means
        the six-point strategy to reduce tuberculosis developed by the
        World Health Organization. The strategy is described in the
        Global Plan to Stop TB 2007-2016: Actions for Life, a
        comprehensive plan developed by the Stop Tuberculosis
        Partnership that sets out the actions necessary to achieve the
        millennium development goal of cutting tuberculosis deaths and
        disease burden in half by 2016.''.
    (f) Annual Report.--Clause (iii) of section 104A(e)(2)(C) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(e)(2)(C)) is amended
by adding at the end before the semicolon the following: ``, including
the percentage of such United States foreign assistance provided for
diagnosis and treatment of individuals with tuberculosis in countries
with the highest burden of tuberculosis, as determined by the World
Health Organization (WHO)''.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to
        the President not more than $400,000,000 for fiscal year 2008
        and not more than $550,000,000 for fiscal year 2009 to carry
        out section 104B of the Foreign Assistance Act of 1961 (22
        U.S.C. 2151b-3), as amended by subsections (a) through (e) of
        this section.
            (2) Funding for cdc.--Of the amounts appropriated pursuant
        to the authorization of appropriations under paragraph (1), not
        more than $70,000,000 for fiscal year 2008 and not more than
        $100,000,000 for fiscal year 2009 shall be made available for
        the purpose of carrying out global tuberculosis activities
        through the Centers for Disease Control and Prevention.
            (3) Additional provisions.--Amounts appropriated pursuant
        to the authorization of appropriations under paragraph (1) and
        amounts made available pursuant to paragraph (2)--
                    (A) are in addition amounts otherwise made
                available for such purposes; and
                    (B) are authorized to remain available until
                expended.

            Passed the House of Representatives November 5, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Stop Tuberculosis (TB) Now Act of 2007 - Amends the Foreign Assistance Act of 1961 to require the President to furnish assistance for tuberculosis (TB) prevention, treatment, and elimination. Gives priority to activities described in the Stop TB Strategy . Revises related fund use provisions. Authorizes the President, through the United States Agency for International Development (USAID), to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high TB rates and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing drug resistant tuberculosis (XDR-TB). Authorizes: (1) FY2008-FY2009 appropriations for the President to carry activities to combat tuberculosis. And (2) set-asides from such amounts for global tuberculosis activities by the Centers for Disease Control and Prevention (CDC).

To amend the Foreign Assistance Act of 1961 to provide increased assistance for the prevention, treatment, and control of tuberculosis, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Anti-Violence Empowerment
Act''.

                    TITLE I--SCHOOL SAFETY PROGRAMS

SEC. 101. PROGRAM AUTHORIZED.

    The Secretary of Education is authorized to provide grants to local
educational agencies to establish or enhance crisis intervention
programs, including the hiring of school counselors and to enhance
school safety programs for students, staff, and school facilities.

SEC. 102. GRANT AWARDS.

    (a) Local Awards.--The Secretary shall award grants to local
educational agencies on a competitive basis.
    (b) Grant Programs.--From the amounts appropriated under section
106, the Secretary shall reserve--
            (1) 50 percent of such amount to award grants to local
        educational agencies to hire school counselors; and
            (2) 50 percent of such amount to award grants to local
        educational agencies to enhance school safety programs for
        students, staff, and school facilities.
    (c) Priority.--Such awards shall be based on one or more of the
following factors:
            (1) Quality of existing or proposed violence prevention
        program.
            (2) Greatest need for crisis intervention counseling
        services.
            (3) Documented financial need based on number of students
        served under part A of title I of the Elementary and Secondary
        Education Act of 1965.
    (d) Equitable Distribution.--In awarding grants under this title,
the Secretary shall ensure, to the extent practicable, an equitable
geographic distribution among the regions of the United States and
among urban, suburban, and rural areas.
    (e) Administrative Costs.--The Secretary may reserve not more than
1 percent from amounts appropriated under section 106 for
administrative costs.
    (f) Eligibility.--A local educational agency that meets the
requirements of this title shall be eligible to receive a grant to hire
school counselors and a grant to enhance school safety programs for
students, staff, and school facilities.

SEC. 103. APPLICATIONS.

    (a) In General.--Each local educational agency desiring a grant
under this title shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
    (b) Contents.--Such application shall include a plan that contains
the following:
            (1) In the case of a local educational agency applying for
        a grant to enhance school safety programs--
                    (A) a description of any existing violence
                prevention, safety, and crisis intervention programs;
                    (B) proposed changes to any such programs and a
                description of any new programs; and
                    (C) documentation regarding financial need.
            (2) In the case of a local educational agency applying for
        a grant to hire school counselors--
                    (A) a description of the need for a crisis
                intervention counseling program; and
                    (B) documentation regarding financial need.

SEC. 104. REPORTING.

    Each local educational agency that receives a grant under this
title shall provide an annual report to the Secretary. In the case of a
local educational agency that receives a grant to enhance school safety
programs, such report shall describe how such agency used funds
provided under this title and include a description of new school
safety measures and changes implemented to existing violence
prevention, safety, and crisis intervention programs. In the case of a
local educational agency that receives a grant to hire school
counselors, such report shall describe how such agency used funds
provided under this title and include the number of school counselors
hired with such funds.

SEC. 105. DEFINITIONS.

    For purposes of this title:
            (1) The terms ``elementary school'', ``local educational
        agency'', and ``secondary school'' have the same meanings given
        the terms in section 14101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 8801).
            (2) The term ``school counselor'' means an individual who
        has documented competence in counseling children and
        adolescents in a school setting and who--
                    (A) possesses State licensure or certification
                granted by an independent professional regulatory
                authority;
                    (B) in the absence of such State licensure or
                certification, possesses national certification in
                school counseling or a specialty of counseling granted
                by an independent professional organization; or
                    (C) holds a minimum of a master's degree in school
                counseling from a program accredited by the Council for
                Accreditation of Counseling and Related Educational
                Programs or the equivalent.
            (3) The term ``Secretary'' means the Secretary of
        Education.
            (4) the term ``school safety'' means the safety of
        students, faculty, and school facilities from acts of violence.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title
$700,000,000 for each of fiscal years 2000 through 2004.

                    TITLE II--INCREASED COPS FUNDING

SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM.

    Section 1001(a)(11) of part J of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended
by adding at the end the following:
    ``(C) In addition to amounts made available under subparagraph (A),
there are authorized to be appropriated to carry out part Q, to remain
available until expended, the total amount of $1,500,000,000 for fiscal
years 2000 through 2004, of which 50 percent shall be used for
cooperative partnerships between schools and State and local police
departments to provide for the use of police officers in schools.''.

SEC. 202. GRANT AUTHORITY.

    Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
            (1) in subsection (i), by striking the second sentence; and
            (2) by striking subsection (k).

                    TITLE III--21ST CENTURY LEARNING

SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH.

    Section 10907 of part I of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8247) is amended by striking
``appropriated'' and all that follows before the period and inserting
the following: ``appropriated to carry out this part--
            ``(1) such sums as may be necessary for fiscal year 1999;
        and
            ``(2) $250,000,000 for each of fiscal years 2000 through
        2004''.

               TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE

SEC. 401. MODEL PROGRAM.

    Not later than 120 days after the date of the enactment of this
Act, the Secretary of Education, in consultation with the Attorney
General, shall develop a model violence prevention program to be made
available to local educational agencies.

SEC. 402. CLEARINGHOUSE.

    The Secretary of Education shall establish and maintain a national
clearinghouse to provide technical assistance regarding the
establishment and operation of alternative violence prevention
programs. The national clearinghouse shall make information regarding
alternative violence prevention programs available to local educational
agencies.

Summary: Requires awards to be based on one or more of the following factors: (1) quality of existing or proposed violence prevention program, (2) greatest need for crisis intervention counseling services. And (3) documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA). Authorizes appropriations. Title II: Increased COPS Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2004 the authorization of appropriations for certain grant programs for Community Policing and Cops on the Beat . Requires 50 percent of such funds to be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools. Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority . Title III: 21st Century Learning - Amends ESEA to extend through FY 2004 the authorization of appropriations for after-school and life skills programs for at-risk youth. Title IV: Model Program and Clearinghouse - Directs the Secretary to: (1) develop a model violence prevention program to be made available to LEAs. And (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and to operate such programs.

School Anti-Violence Empowerment Act