SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bank Regulation Adjustment Act''.

SEC. 2. CRIMINAL LIABILITY ESTABLISHED FOR CERTAIN ACTIVITIES RELATING
              TO CREDIT CARDS.

    Section 134 of the Truth in Lending Act (15 U.S.C. 1644) is
amended--
            (1) in the provision designated as subsection (d), by
        redesignating paragraphs (1), (2), and (3) as subparagraphs
        (A), (B), and (C);
            (2) in the provision designated as subsection (e), by
        redesignating paragraphs (1) and (2) as subparagraphs (A) and
        (B);
            (3) by redesignating the provisions designated as
        subsections (a) through (f) as paragraphs (1) through (6),
        respectively;
            (4) by moving the left margin of paragraphs (1) through (6)
        (as so redesignated by paragraph (3) of this section) 2 ems to
        the right;
            (5) by striking ``or'' at the end of paragraph (5) (as so
        redesignated by paragraph (3) of this section);
            (6) by striking ``obtained--'' at the end of paragraph (6)
        (as so redesignated by paragraph (3) of this section) and
        inserting a semicolon;
            (7) by inserting immediately after paragraph (6) (as so
        redesignated) the following new paragraphs:
            ``(7) Whoever, with unlawful or fraudulent intent,
        utilizes, or conspires to utilize, an instrumentality of
        interstate or foreign commerce to notify a creditor in
        accordance with section 161 that a statement of account
        contains a billing error with regard to a transaction, knowing
        the statement to be correct with regard to such transaction; or
            ``(8) Whoever, with unlawful or fraudulent intent,
        utilizes, or conspires to utilize, an instrumentality of
        interstate or foreign commerce to notify a card issuer of an
        unauthorized use of a credit card with regard to a transaction
        knowing the use of the credit card in connection with such
        transaction to have been authorized,'';
            (8) by inserting the following subsection designation and
        heading immediately preceding paragraph (1) (as so
        redesignated):
    ``(a) In General.--''; and
            (9) by adding at the end the following new subsection:
    ``(b) Obtaining Credit Card by Fraudulent Means.--Whoever, with
unlawful or fraudulent intent, utilizes, or conspires to utilize an
instrumentality of interstate or foreign commerce--
            ``(1) to submit an application for a credit card to a
        credit card issuer knowing the application to be forged,
        fictitious, altered, or fraudulent;
            ``(2) to submit false or misleading information to a credit
        card issuer; or
            ``(3) to apply for 2 or more credit cards from 1 or more
        credit card issuers within any 1-year period,
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 10 years, or both.''.

SEC. 3. DECREASE IN CERTAIN BURDENS ASSOCIATED WITH CURRENCY
              TRANSACTION REPORTING REQUIREMENTS.

    Section 5313 of title 31, United States Code, is amended by adding
at the end the following new subsection:
    ``(h) Administrative Action Required.--
            ``(1) Annual inflation adjustment.--Any amount established
        by the Secretary under subsection (a) which defines a
        transaction for which a report is required under such
        subsection shall be adjusted annually after December 31, 1997,
        by the annual percentage increase in the Consumer Price Index
        for Urban Wage Earners and Clerical Workers published by the
        Bureau of Labor Statistics.''.
            ``(2) Infrequent filers.--
                    ``(A) In general.--If the number of reports filed
                by a depository institution under subsection (a)
                averages less than 50 per month, the depository
                institution may file such reports on a quarterly basis.
                    ``(B) Reporting of suspicious transactions not
                affected.--Subparagraph (A) shall not be construed as
                affecting any obligation of a depository institution to
                promptly report any suspicious transaction in
                accordance with section 5318(g).''.

SEC. 4. REPEAL OF ``DUE ON DEMAND'' REQUIREMENT FOR LOANS TO INSIDERS.

    Section 22(g) of the Federal Reserve Act (12 U.S.C. 375a) is
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and'' after the semicolon at the
                end of subparagraph (B);
                    (B) by striking ``; and'' at the end of
                subparagraph (C) and inserting a period; and
                    (C) by striking subparagraph (D);
            (2) by striking paragraph (6); and
            (3) by redesignating paragraphs (7), (8), (9), and (10) as
        paragraphs (6), (7), (8), and (9), respectively.

SEC. 5. REPEAL OF AUTHORITY TO ASSESS EXAMINATION FEES ON STATE
              DEPOSITORY INSTITUTIONS.

    (a) State Member Banks.--The 8th undesignated paragraph of section
9 of the Federal Reserve Act (12 U.S.C. 326) is amended by striking the
penultimate sentence (relating to assessments for examinations).
    (b) Nonmember State Depository Institutions.--Section 10(e)(1) of
the Federal Deposit Insurance Act (12 U.S.C. 1820(e)(1)) is amended by
inserting ``Federal'' before ``depository institution''.

SEC. 6. EFFECTIVE DATE OF BANKING REGULATIONS.

    (a) In General.--Except as provided in subsection (b), no
regulation prescribed by any Federal banking agency shall take effect
before the end of the 180-day period beginning on the date the
regulation is published in final form in the Federal Register unless
the Federal law under which such regulation is prescribed specifies an
effective date for such regulation.
    (b) Exceptions for Regulations Reducing Burdens on Depository
Institutions.--Subsection (a) shall not apply to any regulation the
purpose of which is to reduce the administrative burden on depository
institutions.
    (c) Definitions.--For purposes of this section, the terms
``depository institution'' and ``Federal banking agency'' have the
meaning given to such terms in section 3 of the Federal Deposit
Insurance Act.

SEC. 7. OTHER PROVISIONS.

    (a) Field of Membership Authority.--Section 109 of the Federal
Credit Union Act (12 U.S.C. 1759) is amended by striking ``Federal
credit union membership shall be limited to groups having a common
bond'' and inserting ``the membership of any Federal credit union shall
be limited to groups having common bonds''.
    (b) Expansion of Voting Period Before Conversion to Another Form of
Depository Institution.--Any regulation prescribed by the National
Credit Union Administration under the Federal Credit Union Act which
requires a vote by the members of an insured credit union (as defined
in section 101(7) of the Federal Credit Union Act) in a special meeting
or by mail to approve or disapprove a proposal by the credit union to
transfer all or any portion of the deposits of the credit union to an
insured depository institution (as defined in section 3(c) of the
Federal Deposit Insurance Act) shall allow the credit union to provide
notice of such vote up to 90 days before the date of the vote.

SEC. 8. EXEMPTION FOR FEES AND INCOME ATTRIBUTABLE TO CERTAIN ASSETS OF
              DEPOSITORY INSTITUTIONS.

    Notwithstanding any other provision of Federal law, the fees and
income received by a depository institution (as defined in section 3(c)
of the Federal Deposit Insurance Act) which are attributable to the 1st
$350,000,000 of the total assets of such institution shall be excluded
from gross income of such institution for purposes of any Federal tax
on income for taxable years of the institution which begin after
December 31, 1997.

Summary: Bank Regulation Adjustment Act - Amends the Truth in Lending Act to establish a criminal penalty for specified activities pertaining to fraudulent use of credit cards, including obtaining a credit card by fraudulent means. Amends Federal monetary law to mandate annual inflation adjustments with respect to specified transactions for which a domestic financial institution is required to file currency transaction reports. Permits filers of infrequent currency transaction reports to file on a quarterly basis. Amends the Federal Reserve Act to repeal: (1) the due on demand requirement for insider loans to executive bank officers, (2) reporting requirements pertaining to such loans. And (3) the authority of the Board of Governors of the Federal Reserve System to assess examination fees against State depository institutions. Amends the Federal Deposit Insurance Act to restrict to Federal depository institutions the assessment of examination fees by the Federal Deposit Insurance Corporation. States that the effective date for banking regulations shall be at the end of the 180-day period beginning on the date the regulation is published in final form in the Federal Register . Amends the Federal Credit Union Act to expand Federal credit union membership from groups having a common bond to groups having common bonds. Declares that any regulation prescribed by the National Credit Union Administration which requires a vote by the membership to approve or disapprove a proposal to transfer credit union deposits to an insured depository institution shall allow the credit union to provide notice of such vote up to 90 days before the date of the vote. Excludes from the gross income of a depository institution, for Federal tax purposes, the fees and income it receives which are attributable to the first $350 million of its total assets.

Bank Regulation Adjustment Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Contractor Tax
Simplification Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Simplifying the tax rules with respect to independent
        contractors was the top vote-getter at the 1995 White House
        Conference on Small Business. Conference delegates recommended
        that Congress ``should recognize the legitimacy of an
        independent contractor''. The Conference found that the current
        common law is ``too subjective'' and called upon the Congress
        to establish ``realistic and consistent guidelines''.
            (2) It is in the best interests of taxpayers and the
        Federal Government to have fair and objective rules for
        determining who is an employee and who is an independent
        contractor.

SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
              EMPLOYEES.

    (a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(general provisions relating to employment taxes) is amended by adding
after section 3510 the following new section:

``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
              EMPLOYEES.

    ``(a) General Rule.--For purposes of this subtitle, and
notwithstanding any provision of this subtitle to the contrary, if the
requirements of subsections (b), (c), and (d) are met with respect to
any service performed by any individual, then with respect to such
service--
            ``(1) the service provider shall not be treated as an
        employee,
            ``(2) the service recipient shall not be treated as an
        employer, and
            ``(3) the payor shall not be treated as an employer.
    ``(b) Service Provider Requirements With Regard to Service
Recipient.--For the purposes of subsection (a), the requirements of
this subsection are met if the service provider, in connection with
performing the service--
            ``(1) has a significant investment in assets and/or
        training,
            ``(2) incurs significant unreimbursed expenses,
            ``(3) agrees to perform the service for a particular amount
        of time or to complete a specific result and is liable for
        damages for early termination without cause,
            ``(4) is paid primarily on a commissioned basis, or
            ``(5) purchases products for resale.
    ``(c) Additional Service Provider Requirements With Regard to
Others.--For the purposes of subsection (a), the requirements of this
subsection are met if--
            ``(1) the service provider--
                    ``(A) has a principal place of business,
                    ``(B) does not primarily provide the service in the
                service recipient's place of business, or
                    ``(C) pays a fair market rent for use of the
                service recipient's place of business; or
            ``(2) the service provider--
                    ``(A) is not required to perform service
                exclusively for the service recipient, and
                    ``(B) in the year involved, or in the preceding or
                subsequent year--
                            ``(i) has performed a significant amount of
                        service for other persons,
                            ``(ii) has offered to perform service for
                        other persons through--
                                    ``(I) advertising,
                                    ``(II) individual written or oral
                                solicitations,
                                    ``(III) listing with registries,
                                agencies, brokers, and other persons in
                                the business of providing referrals to
                                other service recipients, or
                                    ``(IV) other similar activities, or
                            ``(iii) provides service under a business
                        name which is registered with (or for which a
                        license has been obtained from) a State, a
                        political subdivision of a State, or any agency
                        or instrumentality of 1 or more States or
                        political subdivisions.
    ``(d) Written Document Requirements.--For purposes of subsection
(a), the requirements of this subsection are met if the services
performed by the individual are performed pursuant to a written
contract between such individual and the person for whom the services
are performed, or the payor, and such contract provides that the
individual will not be treated as an employee with respect to such
services for purposes of this subtitle.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) If for any taxable year any service recipient or
        payor fails to meet the applicable reporting requirements of
        sections 6041(a), 6041A(a), or 6051 with respect to a service
        provider, then, unless such failure is due to reasonable cause
        and not willful neglect, this section shall not apply in
        determining whether such service provider shall not be treated
        as an employee of such service recipient or payor for such
        year.
            ``(2) If the service provider is performing services
        through an entity owned in whole or in part by such service
        provider, then the references to `service provider' in
        subsections (b) through (d) may include such entity, provided
        that the written contract referred to in paragraph (1) of
        subsection (d) may be with either the service provider or such
        entity and need not be with both.
    ``(f) Definitions.--For the purposes of this section--
            ``(1) Service provider.--The term `service provider' means
        any individual who performs service for another person.
            ``(2) Service recipient.--Except as provided in paragraph
        (5), the term `service recipient' means the person for whom the
        service provider performs such service.
            ``(3) Payor.--Except as provided in paragraph (5), the term
        `payor' means the person who pays the service provider for the
        performance of such service in the event that the service
        recipients do not pay the service provider.
            ``(4) In connection with performing the service.--The term
        `in connection with performing the service' means in connection
        or related to--
                    ``(A) the actual service performed by the service
                provider for the service recipients or for other
                persons for whom the service provider has performed
                similar service, or
                    ``(B) the operation of the service provider's trade
                or business.
            ``(5) Exceptions.--The terms `service recipient' and
        `payor' do not include any entity which is owned in whole or in
        part by the service provider.''
    (b) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:

                              ``Sec. 3511. Standards for determining
                                        whether individuals are not
                                        employees.''
    (c) Effective Date.--The amendments made by this Act shall apply to
services performed after December 31, 1998.

Summary: Independent Contractor Tax Simplification Act of 1998 - Amends the Internal Revenue Code to set forth standards for determining whether individual service providers are not employees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Economy Workforce Act''.

SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS.

    Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C.
1153(e)(1)) is amended--
            (1) by striking ``(1) Immigrant visas'' and inserting
        ``(1)(A) Subject to the succeeding provisions of this
        paragraph, immigrant visas''; and
            (2) by adding at the end the following:
    ``(B)(i) An immigrant visa may be made available under paragraph
(1), (2)(B), (3), or (4) of subsection (a) to an alien who--
            ``(I) does not have a bachelor's degree (or higher degree)
        only if there is no qualified individual to whom such a visa
        may be made available under the respective paragraph who has
        such a degree; or
            ``(II) is not a high school graduate only if there is no
        qualified individual to whom such a visa may be made available
        under the respective paragraph who has a bachelor's degree (or
        higher degree) or who is a high school graduate.
    ``(ii) For purposes of clause (i)--
            ``(I) the term `bachelor's degree' includes a foreign
        degree that is a recognized foreign equivalent of a bachelor's
        degree; and
            ``(II) the term `high school graduate' means an individual
        who has successfully completed either a 12-year course of
        elementary and secondary school study in the United States or a
        formal course of elementary and secondary school study abroad
        equivalent to a 12-year course of elementary and secondary
        school study in the United States.
    ``(iii) The determination of educational status under clause (i)
shall be made using the most recent evidence with respect to
educational credentials proffered by the alien.''.

SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS.

    Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(2)) is amended to read as follows:
            ``(2) Requirement of education.--
                    ``(A) In general.--An alien is not eligible for a
                visa under this subsection unless the alien has a
                bachelor's degree (or higher degree).
                    ``(B) Definition.--For purposes of subparagraph
                (A), the term `bachelor's degree' includes a foreign
                degree that is a recognized foreign equivalent of a
                bachelor's degree.''.

SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO
              DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND
              VERIFICATION OF EDUCATIONAL CREDENTIALS.

    Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended by adding at the end the following:
    ``(h) Determinations With Respect to Foreign Degree Equivalence.--
For purposes of subsections (c)(2) and (e)(1)(B), in the case of an
alien obtaining a foreign degree, or completing a foreign course of
elementary and secondary school study, any determination with respect
to the equivalence of that degree or course of study to a degree
obtained, or a course of study completed, in the United States shall be
made by the Secretary of State. In carrying out the preceding sentence,
the Secretary of State shall verify the authenticity of any foreign
educational credential proffered by an alien.''.

SEC. 5. ADMINISTRATIVE OBLIGATIONS.

    (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of State, in consultation with the Attorney General, shall promulgate
regulations regarding the allocation of immigrant visas, made available
under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the
Immigration and Nationality Act, pursuant to the amendments made by
this Act.
    (b) Determinations With Respect to Foreign Degrees.--
            (1) In general.--Not later than 90 days after the date of
        the enactment of this Act, the Secretary of State, in
        consultation with the Attorney General and the Secretary of
        Education, shall promulgate regulations to carry out section
        203(h) of the Immigration and Nationality Act (as added by
        section 4).
            (2) Imposition of fee.--Such regulations may permit the
        Secretary of State to charge and collect a processing and
        verification fee, to be set at a level that will ensure
        recovery of the full costs incurred in carrying out such
        section 203(h).
            (3) Use of fee.--There is established in the general fund
        of the Treasury a separate account, which shall be known as the
        ``Foreign Degree Equivalence Account''. Notwithstanding any
        other provision of law, there shall be deposited as offsetting
        receipts into the account all fees collected pursuant to
        paragraph (2). Amounts deposited into the account shall remain
        available to the Secretary of State until expended to carry out
        section 203(h) of the Immigration and Nationality Act (as added
        by section 4).
    (c) Other Regulations.--Except as provided in subsections (a) and
(b), not later than 90 days after the date of the enactment of this
Act, the Attorney General, in consultation with the Secretary of State
and the Secretary of Education, shall promulgate regulations
implementing the amendments made by this Act.
    (d) Forms.--Not later than 90 days after the date on which
regulations are promulgated under subsections (a) through (c), the
Attorney General and the Secretary of State shall each make available
revised forms, as appropriate, that prominently include instructions
regarding procedures for establishing an alien's level of educational
attainment for purposes of the amendments made by this Act. Such forms
shall include appropriate forms for supplementing prior submissions.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to immigrant visas made
available under section 203(a) of the Immigration and Nationality Act
on or after the date that is 180 days after the date of the enactment
of this Act, and immigrant visas made available under section 203(c) of
such Act on or after October 1, 2002, regardless of the date any
classification petition under section 204 of such Act may have been
filed.

Summary: Requires diversity immigrants to have at least a bachelor's degree. Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury.

New Economy Workforce Act


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Voluntary Medicare
Prescription Drug Plan Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for outpatient prescription drugs.
        ``Part D--Voluntary Medicare Prescription Drug Coverage

        ``Sec. 1860A. Medicare Prescription Drug Plan.
        ``Sec. 1860B. Rx Option.
        ``Sec. 1860C. Combined deductible.
        ``Sec. 1860D. Partnerships with private entities to offer the
                            Rx Option.''.
Sec. 3. Conforming changes to Medigap.

SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by redesignating part D as part E and by
inserting after part C the following new part:

        ``Part D--Voluntary Medicare Prescription Drug Coverage

                   ``medicare prescription drug plan

    ``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan
eligible individual may elect coverage (beginning on January 1, 2001)
under this part by enrolling in the Rx Option in order to receive
coverage for outpatient prescription drugs as described in section
1860B and to pay a combined deductible under section 1860C.
    ``(b) Medicare Prescription Drug Plan Eligible Individual
Defined.--In this part, the term `Medicare Prescription Drug Plan
eligible individual' means an individual who is--
            ``(1) eligible for benefits under part A and enrolled under
        part B;
            ``(2) not enrolled in a Medicare+Choice plan under part C;
        and
            ``(3) not eligible for medical assistance for outpatient
        prescription drugs under title XIX.

                              ``rx option

    ``Sec. 1860B. (a) Enrollment in the Rx Option.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Secretary shall establish a process for the enrollment of
        Medicare Prescription Drug Plan eligible individuals under the
        Rx Option that is based upon the process for enrollment in
        Medicare+Choice plans under part C of this title.
            ``(2) Exceptions.--
                    ``(A) 2-year obligation.--Except as provided in
                subparagraph (B), a Medicare Prescription Drug Plan
                eligible individual who elects the Rx Option shall be
                subject to the provisions of this part for a minimum
                period of 2 years, beginning with the first full month
                during which the individual is eligible for benefits
                under the Rx Option.
                    ``(B) Free look period.--An individual who elects
                the Rx Option may disenroll from such Option no later
                than the last day of the first full month following the
                month in which such election was made.
            ``(3) Enrollment in medicare supplemental policies.--An
        individual enrolled in the Rx Option may be enrolled only in a
        medicare supplemental policy subject to the special rules
        described in section 1882(v).
    ``(b) Outpatient Prescription Drug Benefits.--
            ``(1) In general.--Beginning in 2001, under the Rx Option,
        after the enrollee has met the combined deductible under
        section 1860C, the Secretary shall provide a benefit for
        outpatient prescription drugs through private entities under
        section 1860D equal to 50 percent of the lesser of--
                    ``(A) the cost of outpatient prescription drugs for
                such year; or
                    ``(B) $5000.
            ``(2) Cost-of-living adjustment.--
                    ``(A) In general.--In the case of any calendar year
                beginning after 2001, the dollar amount in paragraph
                (1)(B) shall be increased by an amount equal to--
                            ``(i) such dollar amount; multiplied by
                            ``(ii) the cost-of-living adjustment.
                    ``(B) Cost-of-living adjustment.--For purposes of
                subparagraph (A), the cost-of-living adjustment for any
                calendar year is the percentage (if any) by which--
                            ``(i) the prescription drug component of
                        the Consumer Price Index for all urban
                        consumers (all items city average) for the 12-
                        month period ending with August of the
                        preceding year; exceeds
                            ``(ii) such prescription drug component of
                        the Consumer Price Index for the 12-month
                        period ending with August 2000.
                    ``(C) Rounding.--If any increase determined under
                subparagraph (B) is not a multiple of $1, such increase
                shall be rounded to the nearest multiple of $1.

                         ``combined deductible

    ``Sec. 1860C. (a) In General.--Notwithstanding any provision of
this title and beginning in 2001, a beneficiary electing the Rx Option
shall be subject to a combined deductible that shall apply in lieu of
the deductibles applied under sections 1813(a)(1) and 1833(b).
    ``(b) Amount.--
            ``(1) In general.--For purposes of subsection (a), the
        combined deductible is equal to $675.
            ``(2) Cost-of-living adjustment.--In the case of any
        calendar year after 2001, the dollar amount in paragraph (1)
        shall be increased by an amount equal to--
                    ``(A) such dollar amount; multiplied by
                    ``(B) the increase in the medical component of the
                CPI as determined by the Bureau of Labor Statistics.
            ``(3) Rounding.--If any increase determined under paragraph
        (2) is not a multiple of $1, such increase shall be rounded to
        the nearest multiple of $1.
    ``(c) Application.--In applying the combined deductible described
in subsection (a) such deductible shall apply to each expense incurred
on a calendar year basis for each item or service covered under this
title, and each expense paid on a calendar year basis for such an item
or service shall be credited against such deductible.

      ``partnerships with private entities to offer the rx option

    ``Sec. 1860D. (a) Partnerships.--
            ``(1) In general.--The Secretary shall contract with
        private entities for the provision of outpatient prescription
        drug benefits under the Rx Option.
            ``(2) Private entities.--The private entities described in
        paragraph (1) shall include insurers (including issuers of
        medicare supplemental policies under section 1882),
        pharmaceutical benefit managers, chain pharmacies, groups of
        independent pharmacies, and other private entities that the
        Secretary determines are appropriate.
            ``(3) Areas.--The Secretary may award a contract to a
        private entity under this section on a local, regional, or
        national basis.
            ``(4) Drug benefits only through private entities.--
        Outpatient prescription drug benefits under the Rx Option shall
        be offered only through a contract with a private entity under
        this section.
    ``(b) Secretary Required To Contract With Any Willing Qualified
Private Entity.--The Secretary may not exclude a private entity from
receiving a contract to provide outpatient prescription drug benefits
under the Rx Option if the private entity meets all of the requirements
established by the Secretary for providing such benefits.''.

SEC. 3. CONFORMING CHANGES TO MEDIGAP.

    Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is
amended by adding at the end the following new subsection:
    ``(v) Special Rules for Medicare Prescription Drug Plan
Enrollees.--
            ``(1) Revision of benefit packages.--
                    ``(A) In general.--Notwithstanding subsection (p),
                the benefit packages established under such subsection
                (including the 2 plans described in paragraph (11)(A)
                of such subsection) shall be revised (in the manner
                described in subsection (p)(1)(E)) so that each of the
                benefit packages classified as `A' through `J' remain
                exactly the same, except that each benefit package
                shall include special rules that apply only to
                individuals enrolled in the Rx Option under section
                1860B as follows:
                            ``(i) Combined deductible.--Each benefit
                        package shall require the beneficiary of the
                        policy to pay annual out-of-pocket expenses
                        (other than premiums) in an amount equal to the
                        amount of the combined deductible under section
                        1860C(b) before the policy begins payment of
                        any benefits.
                            ``(ii) Prescription drug coverage.--In the
                        case of a benefit package classified as `H',
                        `I', and `J', such policy may not provide
                        coverage for outpatient prescription drugs that
                        duplicates the coverage for outpatient
                        prescription drugs provided under the Rx Option
                        under section 1860B(b).
                    ``(B) Adjusted premium.--In the case of an
                individual enrolled in the Rx Option, the premium for
                the policy in which the individual is enrolled may be
                appropriately adjusted to reflect the special rules
                applicable to such individual under subparagraph (A).
            ``(2) Renewability and continuity of coverage.--The
        revisions of benefit packages under paragraph (1) shall not
        affect--
                    ``(A) the renewal of medicare supplemental policies
                under this section that are in existence on the
                effective date of such revisions; or
                    ``(B) the continuity of coverage under such
                policies.''.

Summary: Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year. Or (2) $5000. Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biofuels Research and Development
Enhancement Act'' .

SEC. 2. BIOFUELS AND BIOREFINERY INFORMATION CENTER.

    (a) In General.--The Secretary of Energy (in this Act referred to
as the ``Secretary''), in cooperation with the Secretary of
Agriculture, shall establish an information center to make available to
interested parties information on research, development, and commercial
application of technologies related to biofuels and biorefineries,
including--
            (1) biochemical and thermochemical conversion technologies
        capable of making fuels from lignocellulosic feedstocks;
            (2) biotechnology processes capable of making biofuels with
        an emphasis on development of biorefinery technologies using
        enzyme-based processing systems; and
            (3) other advanced processes and technologies that will
        enable the development of biofuels.
    (b) Administration.--In administering the biofuels and biorefinery
information center, the Secretary shall--
            (1) continually update information provided by the center;
            (2) make information available to interested parties on the
        process for establishing a biorefinery; and
            (3) make information and assistance provided by the center
        available through a toll-free telephone number and website.

SEC. 3. BIOFUELS AND ADVANCED BIOFUELS INFRASTRUCTURE.

    Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is
amended by adding at the end the following new subsection:
    ``(f) Biofuels and Advanced Biofuels Infrastructure.--
            ``(1) In general.--The Secretary shall carry out a program
        of research, development, and demonstration as it relates
        existing transportation fuel distribution infrastructure and
        new alternative distribution infrastructure. The program shall
        focus on the physical and chemical properties of biofuels and
        efforts to prevent or mitigate against adverse impacts of those
        properties in the following areas:
                    ``(A) Corrosion of metal, plastic, rubber, cork,
                fiberglass, glues, or any other material used in pipes
                and storage tanks.
                    ``(B) Dissolving of storage tank sediments.
                    ``(C) Clogging of filters.
                    ``(D) Contamination from water or other adulterants
                or pollutants.
                    ``(E) Poor flow properties related to low
                temperatures.
                    ``(F) Oxidative and thermal instability in long-
                term storage and use.
                    ``(G) Increased volatile emissions.
                    ``(H) Microbial contamination.
                    ``(I) Problems associated with electrical
                conductivity.
                    ``(J) Increased nitrogen oxide emissions.''.

SEC. 4. BIODIESEL.

    Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to Congress a report on any research and
development challenges inherent in increasing to 5 percent the
proportion of diesel fuel sold in the United States that is biodiesel
(as defined in section 757 of the Energy Policy Act of 2005 (42 U.S.C.
16105)).

SEC. 5. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

    Section 977(a)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16317(a)(1)) is amended by inserting before the period at the end the
following: ``, including the establishment of at least 11 bioresearch
centers of varying sizes, as appropriate, that focus on biofuels, of
which at least 2 centers shall be located in each of the 4 Petroleum
Administration for Defense Districts with no subdistricts and at least
1 center shall be located in each of the subdistricts of the Petroleum
Administration for Defense District with subdistricts''.

SEC. 6. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND DEVELOPMENT IN
              CERTAIN STATES.

    (a) In General.--The Secretary shall provide grants to eligible
entities for research, development, demonstration, and commercial
application of biofuel production technologies in States with low rates
of ethanol production, including low rates of production of cellulosic
biomass ethanol, as determined by the Secretary.
    (b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
            (1)(A) be an institution of higher education (as defined in
        section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
        located in a State described in subsection (a); or
            (B) be a consortium including at least 1 such institution
        of higher education, and industry, State agencies, Indian
        tribal agencies, or local government agencies located in the
        State; and
            (2) have proven experience and capabilities with relevant
        technologies.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.

SEC. 7. BIOREFINERY ENERGY EFFICIENCY.

    Section 932 of Energy Policy Act of 2005 (42 U.S.C. 16232), is
amended by adding at the end the following new subsection:
    ``(g) Biorefinery Energy Efficiency.--The Secretary shall establish
a program of research, development, demonstration, and commercial
application for increasing energy efficiency and reducing energy
consumption in the operation of biorefinery facilities.''.

SEC. 8. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH
              HIGHER LEVELS OF ETHANOL.

    (a) In General.--The Secretary, in cooperation with the Secretary
of Agriculture, the Administrator of the Environmental Protection
Agency, and the Secretary of Transportation, and after providing notice
and an opportunity for public comment, shall conduct a study of the
feasibility of increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol that are not less than 10
percent and not more than 40 percent.
    (b) Study.--The study under subsection (a) shall include--
            (1) a review of production and infrastructure constraints
        on increasing consumption of ethanol;
            (2) an evaluation of the economic, market, and energy-
        related impacts of State and regional differences in ethanol
        blends;
            (3) an evaluation of the economic, market, and energy-
        related impacts on gasoline retailers and consumers of separate
        and distinctly labeled fuel storage facilities and dispensers;
            (4) an evaluation of the environmental impacts of the
        ethanol blends described in subsection (a) on evaporative and
        exhaust emissions from on-road, off-road, and marine vehicle
        engines;
            (5) an evaluation of the impacts of the ethanol blends
        described in subsection (a) on the operation, durability, and
        performance of on-road, off-road, and marine vehicle engines;
        and
            (6) an evaluation of the safety impacts of the ethanol
        blends described in subsection (a) on consumers that own and
        operate off-road and marine vehicle engines.
    (c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing
the results of the study conducted under this section.

SEC. 9. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85
              FUEL.

    (a) In General.--The Secretary shall conduct a study of whether
optimizing flexible fueled vehicles to operate using E-85 fuel would
increase the fuel efficiency of flexible fueled vehicles, and shall
include recommendations for how manufacturers can best optimize such
vehicles to increase fuel efficiency.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Science and
Technology of the House of Representatives the Committee on Energy and
Natural Resources of the Senate a report that describes the results of
the study under this section, including any recommendations of the
Secretary.

SEC. 10. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF
              BIODIESEL.

    (a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall initiate a study on the effects of the
use of biodiesel on engine durability.
    (b) Components.--The study under this section shall include--
            (1) an assessment of whether the use of biodiesel in
        conventional diesel engines lessens engine durability; and
            (2) an assessment of the effects referred to in subsection
        (a) with respect to biodiesel blends at varying concentrations,
        including the following percentage concentrations of biodiesel:
                    (A) 5 percent biodiesel.
                    (B) 10 percent biodiesel.
                    (C) 20 percent biodiesel.
                    (D) 30 percent biodiesel.
                    (E) 100 percent biodiesel.
    (c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Science and
Technology of the House of Representatives the Committee on Energy and
Natural Resources of the Senate a report that describes the results of
the study under this section, including any recommendations of the
Secretary.

SEC. 11. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF
              APPROPRIATION.

    (a) Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231)
is amended--
            (1) in subsection (b)--
                    (A) at the end of paragraph (2) by striking
                ``and'';
                    (B) at the end of paragraph (3) by striking the
                period and inserting ``; and''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(4) $963,000,000 for fiscal year 2010.''; and
            (2) in subsection (c)--
                    (A) in paragraph (2), by striking ``$251,000,000''
                and inserting ``$377,000,000'';
                    (B) in paragraph (3), by striking ``$274,000,000''
                and inserting ``$398,000,000''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(4) $419,000,000 for fiscal year 2010, of which
        $150,000,00 shall be for section 932(d).''.

Summary: Biofuels Research and Development Enhancement Act - Directs the Secretary of Energy to establish an information center on research, development, and commercial application of technologies related to biofuels and biorefineries, including: (1) biochemical and thermochemical conversion technologies to make fuels from lignocellulosic feedstocks, (2) biotechnology processes that emphasize enzyme-based processing systems. And (3) other advanced processes and technologies that will enable biofuel development. Amends the Energy Policy Act of 2005 to instruct the Secretary to implement a research, development, and demonstration program relating to: (1) existing transportation fuel distribution infrastructure and new alternative distribution infrastructure, focusing on the physical and chemical properties of biofuels and prevention of or mitigation against certain adverse impacts. (2) bioresearch centers located in Petroleum Administration for Defense Districts, with a focus on biofuels. And (3) increased energy efficiency and reduced energy consumption in biorefinery facilities. Directs the Secretary to make grants for research, development, demonstration, and commercial application of biofuel production technologies in states with low rates of ethanol production and of cellulosic biomass ethanol. Requires the Secretary to study and report to Congress on: (1) research and development challenges in increasing to 5 biodiesel fuel sold in the United States. (2) the feasibility of increasing domestic consumption of ethanol-blended gasoline with specified levels of ethanol. (3) whether optimizing flexible fueled vehicles to use E-85 fuel would increase their fuel efficiency, and (4) the effects of biodiesel upon engine durability.

To enhance research, development, demonstration, and commercial application of biofuels related technologies, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alternatives to Opioids (ALTO) in
the Emergency Department Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Opioids contributed to the deaths of more than 42,000
        people in 2016, more than any year on official record. Forty
        percent of all opioid overdose deaths involve a prescription
        opioid.
            (2) The economic burden of prescription opioid misuse in
        the United States is estimated to be $78,500,000,000 per year.
        This includes costs stemming from health care, including
        addiction treatment, lost productivity, and criminal justice
        involvement.
            (3) Over 200 million opioid prescriptions are written in
        the United States each year, and 2,000,000 Americans have the
        symptoms of substance use disorder.
            (4) Approximately 21 to 29 percent of patients prescribed
        opioids for chronic pain misuse them.
            (5) Emergency departments in several States, including in
        New Jersey and Colorado, have developed innovative programs to
        more widely utilize non-opioid pain treatments to reduce the
        use of opioids.

SEC. 3. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS DEMONSTRATION
              PROGRAM.

    (a) Demonstration Program Grants.--The Secretary of Health and
Human Services acting through the Assistant Secretary for Mental Health
and Substance Use (in this section referred to as the ``Secretary'')
shall carry out a 3-year demonstration program under which the
Secretary shall award grants to eligible hospitals and emergency
departments, including freestanding emergency departments, to develop,
implement, enhance, or study alternative pain management protocols and
treatments that promote the appropriate limited use of opioids in
emergency departments.
    (b) Eligibility.--To be eligible to receive a grant under
subsection (a), a hospital or emergency department shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
    (c) Geographic Diversity.--In awarding grants under this section,
the Secretary shall seek to ensure geographical diversity among grant
recipients.
    (d) Use of Funds.--In addition to the activities described in
subsection (a), grants under this section shall be used to--
            (1) target common painful conditions, which may include
        renal colic, sciatica, headaches, musculoskeletal pain, and
        extremity fractures;
            (2) train providers and other hospital personnel on
        protocols and use of treatments that promote the appropriate
        limited use of opioids in the emergency department;
            (3) collect data, including data required for the reporting
        requirement established under subsection (f); and
            (4) provide alternatives to opioids to patients with
        painful conditions, not including patients who present with
        pain related to cancer, end-of-life symptom palliation, or
        complex multisystem trauma.
    (e) Duties of the Secretary.--The Secretary shall offer to each
recipient of a grant under subsection (a) technical support through a
process that provides for--
            (1) the provision of information by the Secretary on
        alternative pain management protocols and treatments, which may
        include--
                    (A) non-opioid medications;
                    (B) protocols and treatments that do not involve a
                medication;
                    (C) alternative pain management protocols and
                treatments that are appropriate to use for specific
                common painful conditions, such as renal colic, back
                pain, pain from fractures, and other common painful
                conditions that present to the emergency department;
                    (D) the alternative pain management protocol or
                treatments, if any, that are appropriate for certain
                patient populations, such as geriatric patients,
                pregnant patients, and pediatric patients; and
                    (E) any other information the Secretary determines
                necessary; and
            (2) the provision of information by emergency departments
        and providers that have successfully implemented alternatives
        to opioids programs in the emergency department, promoting non-
        opioid protocols and medications while appropriately limiting
        the use of opioids.
    (f) Report to the Secretary.--Each recipient of a grant under this
section shall submit to the Secretary annual evaluations of the
progress of the program funded through the grant. These evaluations
shall include--
            (1) a description of and specific information about the
        alternative pain management protocols and treatments employed;
            (2) data on the alternative pain management protocols and
        treatments employed, including--
                    (A) during a baseline period before the program
                began, as defined by the Secretary;
                    (B) at various stages of the program, as determined
                by the Secretary;
                    (C) the conditions for which the alternative pain
                management protocols and treatments were employed; and
                    (D) data on patients' self-reported pain rating,
                using a pain scale model provided by the Secretary,
                before and after the alternative pain management
                protocol or treatment was provided;
            (3) data on the opioid prescriptions written, including--
                    (A) during a baseline period before the program
                began, as defined by the Secretary;
                    (B) at various stages of the program, as determined
                by the Secretary;
                    (C) the conditions for which the opioids were
                prescribed; and
                    (D) data on patients' self-reported pain rating,
                using a pain scale model provided by the Secretary,
                before and after the opioid prescription was provided;
            (4) the demographic characteristics of patients who were
        treated with an alternative pain management protocol, including
        age, sex, race, ethnicity, and insurance status and type;
            (5) data on patients who were eventually prescribed opioids
        after alternative pain management protocols and treatments were
        employed;
            (6) data on patients who were transitioned to inpatient
        care following treatment with an alternative pain management
        protocol and treatment; and
            (7) any other information the Secretary deems necessary.
    (g) Report to Congress.--Not later than 120 days after completion
of the demonstration program under this section, the Secretary shall
submit a report to the Congress on the results of the demonstration
program and include in the report--
            (1) the number of applications received and the number
        funded;
            (2) a summary of the evaluations described in subsection
        (f), including standardized data; and
            (3) recommendations for broader implementation of pain
        management protocols that limit the use of opioids in emergency
        departments or other areas of the health care delivery system.
    (h) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2019 through 2021.

Summary: Alternatives to Opioids (ALTO) in the Emergency Department Act This bill requiresnbsp. The Department of Health and Human Services to carry out a three-year demonstration program awarding grants to hospitals and emergency departments to develop, implement, enhance, or study alternative pain management protocols and treatments that promote limited use of opioids in emergency departments.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Protection Home Inspection
Counseling Act of 2012''.

SEC. 2. HOME INSPECTION COUNSELING.

    Section 1451 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 1701x-1) is amended--
            (1) in subsection (b)--
                    (A) by striking the subsection designation and all
                that follows through ``Each'' and inserting the
                following:
    ``(b) Requirement for FHA-Approved Lenders.--
            ``(1) Requirement.--Each''; and
                    (B) by adding at the end the following new
                paragraph:
            ``(2) Effective date; mortgagee letter.--Not later than the
        expiration of the 90-day period beginning upon the date of the
        enactment of the Consumer Protection Home Inspection Counseling
        Act of 2012, the Secretary shall publish a Mortgagee Letter
        informing mortgagees of their obligation under paragraph
        (1).'';
            (2) in subsection (c)--
                    (A) by striking the subsection designation and all
                that follows through ``Each'' and inserting the
                following:
    ``(c) Requirements for HUD-Approved Counseling Agencies.--
            ``(1) Provision of materials.--Each'';
                    (B) by striking ``subparagraphs (C) and (D) of'';
                and
                    (C) by adding at the end the following new
                paragraphs:
            ``(2) Requirements for housing counselors.--Each person
        providing counseling for a housing counseling entity
        authorized, certified, or funded in whole or in part under
        section 106 of the Housing and Urban Development Act of 1968
        (12 U.S.C. 1701x) shall be trained through the voluntary home
        inspection training module established pursuant to subsection
        (d), shall distribute the counseling aids to be developed under
        this section, and shall explain the materials specified in
        subsection (a)(1) and other aids and materials set forth in
        this section.
            ``(3) Requirements for homeownership counseling programs.--
        Any homeownership counseling program required under, or
        provided in connection with, any program administered by the
        Department of Housing and Urban Development shall be provided
        only by organizations or counselors certified by the Secretary
        pursuant to this section as competent to provide voluntary home
        inspection counseling.
            ``(4) Sanctions.--The Secretary may withhold, withdraw, or
        suspend housing counseling certifications for any housing
        counselor or counseling entity that fails to meet the
        requirements of this section.'';
            (3) in subsection (d)--
                    (A) in paragraph (3), by striking ``and'' at the
                end;
                    (B) in paragraph (4), by striking the period at the
                end and inserting ``; and'';
                    (C) by redesignating paragraphs (1) through (4) (as
                so amended) as subparagraphs (A) through (D),
                respectively, and realigning such subparagraphs (as so
                redesignated) so as to be indented 4 ems from the left
                margin;
                    (D) by striking the subsection designation and all
                that follows through ``shall include--'' and inserting
                the following:
    ``(d) Training.--
            ``(1) Establishment.--The Secretary shall establish a
        comprehensive program to train staff of the Department,
        contractors, individuals, and entities that provide housing
        counseling under programs authorized, certified, or funded
        under section 106 of the Housing and Urban Development Act of
        1968 (12 U.S.C. 1701x) to also provide counseling to consumers
        on voluntary home inspection.
            ``(2) Requirements.--The training program established
        pursuant to this subsection shall include development of a
        training module to train counselors as well as counseling aids
        to be used by housing counselors and suitable for distribution
        to consumers. The training materials shall be written in plain
        language and shall be comprehensible to untrained consumers
        with or without ongoing assistance from housing counselors.
        Training provided under the program shall include--'';
                    (E) in paragraph (2), as added by the amendment
                made by subparagraph (D) of this paragraph, by adding
                at the end the following new subparagraph:
                    ``(E) Internet website references and information
                sufficient for counselors and homebuyers to locate and
                select a local professional home inspector.''; and
                    (F) by adding at the end the following new
                paragraphs:
            ``(3) Content.--At a minimum, the home inspection
        counseling program established under this subsection, and the
        training module and counseling aids developed under this
        subsection, shall convey the following information:
                    ``(A) That a home inspection in connection with
                purchase of a home is voluntary, but not mandatory,
                which means that the homebuyer must make a personal
                choice whether to obtain a home inspection.
                    ``(B) That the Department of Housing and Urban
                Development recommends that homebuyers obtain a
                voluntary home inspection.
                    ``(C) That a home inspection is an in-depth
                technical and objective examination of the physical
                structure and internal systems of the home, from the
                foundation to the roof, and should be performed by a
                trained and experienced professional home inspector.
                    ``(D) That a home inspection is not required in the
                case of an FHA loan insured under title II of the
                National Housing Act (12 U.S.C. 1707 et seq.) and that
                a home inspection is not performed by FHA.
                    ``(E) That in most cases, no home inspection will
                be performed unless the homebuyer requests one.
                    ``(F) That it is the burden of the homebuyer to
                arrange for a home inspection if one is requested.
                    ``(G) That an appraisal is not equivalent to a home
                inspection.
                    ``(H) That if the homebuyer chooses to obtain a
                home inspection, it is generally to the homebuyer's
                benefit to do so as early as possible.
                    ``(I) That the homebuyer may ask to make the
                transaction contingent on the outcome of the home
                inspection and that the homebuyer may realize
                substantial financial benefits from the home
                inspection, including from identifying possible repairs
                that could be performed and paid for by the seller
                prior to the closing.
                    ``(J) That the homebuyer should consider requesting
                a voluntary home inspection.
            ``(4) Additional guidance materials.--The Secretary shall
        develop, in consultation with national professional home
        inspector associations, additional guidance materials to
        educate housing counselors on how to advise consumers how to
        locate, interview, and select a professional home inspector,
        and on how consumers may independently locate, interview, and
        select a professional home inspector. The Secretary shall
        require that these materials be made available to counselors
        providing housing counseling under the programs referred to in
        this section.''; and
            (4) by adding at the end the following new subsections:
    ``(e) Certification of Counselors.--
            ``(1) Protocol.--The Secretary shall, in the discretion of
        the Secretary, develop a new independent protocol, or amend
        existing protocols, to certify that housing counselors whose
        activities are authorized, certified, or funded in whole or in
        part under section 106 of the Housing and Urban Development Act
        of 1968 (12 U.S.C. 1701x) have successfully completed training
        using the voluntary home inspection training module and
        counseling aids established and developed pursuant to this
        section.
            ``(2) Standards for materials and forms.--The Secretary
        shall establish standards and requirements for voluntary home
        inspection counseling materials and forms to be used, as
        appropriate, by organizations providing voluntary home
        inspection counseling. Such standards shall conform with the
        content requirements under this section.
    ``(f) Report.--Not later than the expiration of the 12-month period
beginning upon the date of the enactment of the Consumer Protection
Home Inspection Counseling Act of 2012, the Secretary shall submit a
report to the Congress describing the actions that have been undertaken
to comply with this section, disclosing the actions that are required
under this section but have not at such time been addressed, assessing
the results of this section that have been achieved at such time,
identifying areas for improvement in the implementation of this
section, and making recommendations to enhance implementation of this
section.''.

Summary: Consumer Protection Home Inspection Counseling Act of 2012 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to direct the Secretary of Housing and Urban Development (HUD) to publish a Mortgagee Letter informing mortgagees of their obligation to provide prospective homebuyers with specified HUD public outreach publications concerning the importance of obtaining independent home inspections. Requires persons providing housing counseling for HUD-approved counseling agencies to: (1) be trained through a certain voluntary home inspection training module, and (2) distribute and explain certain counseling aids. Requires any homeownership counseling program under HUD auspices or administration to be provided only by organizations or counselors HUD-certified as competent to provide voluntary home inspection counseling. Authorizes HUD to withhold, withdraw, or suspend housing counseling certifications for any non-compliant housing counselor or counseling entity. Requires HUD to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection. Requires such training program to include development of a training module to: (1) train counselors as well as counseling aids for use by housing counselors and suitable for distribution to consumers. And (2) be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. Requires HUD, at the Secretary's discretion, to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established under this Act.

To amend section 1451 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to establish programs to provide counseling to homebuyers regarding voluntary home inspections and to train counselors to provide such counseling, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``U.S. Merchant Marine Academy Board
of Visitors Enhancement Act''.

SEC. 2. UNITED STATES MERCHANT MARINE ACADEMY BOARD OF VISITORS.

    Section 51312 of title 46, United States Code, is amended to read
as follows:
``Sec. 51312. Board of Visitors
    ``(a) In General.--A Board of Visitors to the United States
Merchant Marine Academy (referred to in this section as the `Board' and
the `Academy', respectively) shall be established to provide
independent advice and recommendations on matters relating to the
United States Merchant Marine Academy.
    ``(b) Appointment and Membership.--
            ``(1) In general.--Not later than 60 days after the date of
        the enactment of the U.S. Merchant Marine Academy Board of
        Visitors Enhancement Act, the Board shall be composed of--
                    ``(A) 2 Senators appointed by the chairman, in
                consultation with the ranking member, of the Committee
                on Commerce, Science, and Transportation of the Senate;
                    ``(B) 3 members of the House of Representatives
                appointed by the chairman, in consultation with the
                ranking member, of the Committee on Armed Services of
                the House of Representatives;
                    ``(C) 1 Senator appointed by the Vice President,
                who shall be a member of the Committee on
                Appropriations of the Senate;
                    ``(D) 2 members of the House of Representatives
                appointed by the Speaker of the House of
                Representatives, in consultation with the Minority
                Leader, at least 1 of whom shall be a member of the
                Committee on Appropriations of the House of
                Representatives;
                    ``(E) the Commander of the Military Sealift
                Command;
                    ``(F) the Assistant Commandant for Prevention
                Policy of the United States Coast Guard;
                    ``(G) 4 individuals appointed by the President; and
                    ``(H) as ex officio members--
                            ``(i) the chairman of the Committee on
                        Commerce, Science, and Transportation of the
                        Senate;
                            ``(ii) the chairman of the Committee on
                        Armed Services of the House of Representatives;
                            ``(iii) the chairman of the Advisory Board
                        to the Academy established under section 51313;
                        and
                            ``(iv) the member of the House of
                        Representatives in whose congressional district
                        the Academy is located, as a non-voting member,
                        unless such member of the House of
                        Representatives is appointed as a voting member
                        of the Board under subparagraph (B) or (D).
            ``(2) Presidential appointees.--Of the individuals
        appointed by the President under paragraph (1)(H)--
                    ``(A) at least 2 shall be graduates of the Academy;
                    ``(B) at least 1 shall be a senior corporate
                officer from a United States maritime shipping company
                that participates in the Maritime Security Program, or
                in any Maritime Administration program providing
                incentives for companies to register their vessels in
                the United States, and this appointment shall rotate
                biennially among such companies; and
                    ``(C) 1 or more may be a Senate-confirmed
                Presidential appointee, a member of the Senior
                Executive Service, or an officer of flag-rank who from
                the United States Coast Guard, the National Oceanic and
                Atmospheric Administration, or any of the military
                services that commission graduates of the Academy,
                exclusive of the Board members described in
                subparagraph (E), (F), or (G) of paragraph (1).
            ``(3) Term of service.--Each member of the Board shall
        serve for a term of 2 years commencing at the beginning of each
        Congress, except that any member whose term on the Board has
        expired shall continue to serve until a successor is
        designated.
            ``(4) Vacancies.--If a member of the Board is no longer
        able to serve on the Board or resigns, the Designated Federal
        Officer selected under subsection (g)(2) shall immediately
        notify the official who appointed such member. Not later than
        60 days after that notification, such official shall designate
        a replacement to serve the remainder of such member's term.
            ``(5) Current members.--Each member of the Board serving as
        a member of the Board on the date of the enactment of the U.S.
        Merchant Marine Academy Board of Visitors Enhancement Act shall
        continue to serve on the Board for the remainder of such
        member's term.
            ``(6) Designation and responsibility of substitute board
        members.--
                    ``(A) Authority to designate.--A member of the
                Board described in subparagraph (E), (F), or (G) of
                paragraph (1) or subparagraph (B) or (C) of paragraph
                (2) may, if unable to attend or participate in an
                activity described in subsection (d), (e), or (f),
                designate another individual to serve as a substitute
                member of the Board, on a temporary basis, to attend or
                participate in such activity.
                    ``(B) Requirements.--A substitute member of the
                Board designated under subparagraph (A) shall be--
                            ``(i) an individual who has been appointed
                        by the President and confirmed by the Senate;
                            ``(ii) a member of the Senior Executive
                        Service; or
                            ``(iii) an officer of flag-rank who is
                        employed by--
                                    ``(I) the United States Coast
                                Guard; or
                                    ``(II) the Military Sealift
                                Command.
                    ``(C) Participation.--A substitute member of the
                Board designated under subparagraph (A)--
                            ``(i) shall be permitted to fully
                        participate in the proceedings and activities
                        of the Board;
                            ``(ii) shall report back to the member on
                        the Board's activities not later than 15 days
                        following the substitute member's participation
                        in such activities; and
                            ``(iii) shall be permitted to participate
                        in the preparation of reports described in
                        paragraph (j) related to any proceedings or
                        activities of the Board in which such
                        substitute member participates.
    ``(c) Chairperson.--
            ``(1) In general.--On a biennial basis, the Board shall
        select from among its members, a member of the House of
        Representatives or a Senator to serve as the Chairperson.
            ``(2) Rotation.--A member of the House of Representatives
        and a member of the Senate shall alternately serve as the Chair
        of the Board on a biennial basis.
            ``(3) Term.--An individual may not serve as Chairperson for
        more than 1 consecutive term.
    ``(d) Meetings.--
            ``(1) In general.--The Board shall meet several times each
        year as provided for in the Charter described in paragraph
        (2)(B), including at least 1 meeting held at the Academy.
            ``(2) Selection and consideration.--Not later than 60 days
        after the date of the enactment of the U.S. Merchant Marine
        Academy Board of Visitors Enhancement Act, the Designated
        Federal Officer selected under subsection (g)(2) shall organize
        a meeting of the Board for the purposes of--
                    ``(A) selecting a Chairperson; and
                    ``(B) considering an official Charter for the
                Board, which shall provide for the meeting of the Board
                several times each year.
    ``(e) Visiting the Academy.--
            ``(1) Annual visit.--The Board shall visit the Academy
        annually on a date selected by the Board, in consultation with
        the Secretary of Transportation and the Superintendent of the
        Academy.
            ``(2) Other visits.--In cooperation with the
        Superintendent, the Board or its members may make other visits
        to the Academy in connection with the duties of the Board.
            ``(3) Access.--While visiting the Academy under this
        subsection, members of the Board shall have reasonable access
        to the grounds, facilities, midshipmen, faculty, staff, and
        other personnel of the Academy for the purpose of carrying out
        the duties of the Board.
    ``(f) Responsibility.--The Board shall inquire into the state of
morale and discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating to the
Academy that the Board decides to consider.
    ``(g) Department of Transportation Support.--The Secretary of
Transportation shall--
            ``(1) provide support as deemed necessary by the Board for
        the performance of the Board's functions;
            ``(2) not later than 30 days after the date of the
        enactment of the U.S. Merchant Marine Academy Board of Visitors
        Enhancement Act, select a Designated Federal Officer to support
        the performance of the Board's functions; and
            ``(3) in cooperation with the Maritime Administrator and
        the Superintendent of the Academy, advise the Board of any
        institutional issues, consistent with applicable laws
        concerning the disclosure of information.
    ``(h) Staff.--Staff members may be designated to serve without
reimbursement as staff for the Board by--
            ``(1) the Chairperson of the Board;
            ``(2) the chairman of the Committee on Commerce, Science,
        and Transportation of the Senate; and
            ``(3) the chairman of the Committee on Armed Services of
        the House of Representatives.
    ``(i) Travel Expenses.--While serving away from home or regular
place of business, a member of the Board or a staff member designated
under subsection (h) shall be allowed travel expenses, including per
diem in lieu of subsistence, as authorized under section 5703 of title
5, United States Code.
    ``(j) Reports.--
            ``(1) Annual report.--Not later than 60 days after each
        annual visit required under subsection (e)(1), the Board shall
        submit to the President a written report of its actions, views,
        and recommendations pertaining to the Academy.
            ``(2) Other reports.--If the members of the Board visit the
        Academy under subsection (e)(2), the Board may--
                    ``(A) prepare a report on such visit; and
                    ``(B) if approved by a majority of the members of
                the Board, submit such report to the President not
                later than 60 days after the date of the approval.
            ``(3) Advisors.--The Board may call in advisers--
                    ``(A) for consultation regarding the execution of
                the Board's responsibility under subsection (f); or
                    ``(B) to assist in the preparation of a report
                described in paragraph (1) or (2).
            ``(4) Submission.--A report submitted to the President
        under paragraph (1) or (2) shall be concurrently submitted to--
                    ``(A) the Secretary of Transportation;
                    ``(B) the Committee on Commerce, Science, and
                Transportation of the Senate; and
                    ``(C) the Committee on Armed Services of the House
                of Representatives.''.

            Passed the Senate June 26, 2014.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.

Summary: US Merchant Marine Academy Board of Visitors Enhancement Act - Amends federal shipping law to: (1) expand the membership of the Board of Visitors to the U. S. Merchant Marine Academy, and (2) specify requirements for the presidential appointees. Authorizes certain Board members to designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in any activity the Board member is unable to attend or participate in. Prescribes requirements for designated substitute Board members. Requires the Board to select biennially from among its members a member of the House of Representatives or a Senator to serve as Board Chairperson. Directs the Secretary of Transportation (DOT) to select a Designated Federal Officer to support the performance of the Board's functions. Directs the Board to report annually to the President on its actions, views, and recommendations with respect to the Academy.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security COLA Limitation Act
of 1994''.

SEC. 2. LIMITATIONS ON COST-OF-LIVING ADJUSTMENTS.

    (a) In General.--
            (1) Reduction in increases applied to higher primary
        insurance amounts.--Section 215(i)(2)(A) of the Social Security
        Act (42 U.S.C. 415(i)(2)(A)) is amended--
                    (A) by redesignating clause (iii) as clause (vii);
                and
                    (B) in clause (ii), by striking ``The increase
                shall'' in the matter following subclause (III) and all
                that follows through ``Any increase'' and inserting the
                following:
    ``(iii) With respect to the amounts described in subclauses (I) and
(III) of clause (ii), the increase shall be derived by multiplying each
of such amounts (including each of those amounts as previously
increased under this subparagraph) by the applicable increase
percentage.
    ``(iv) With respect to primary insurance amounts described in
subclause (II) of clause (ii), the increase shall be derived by--
            ``(I) multiplying each of such amounts (including each such
        amount as previously increased under this subparagraph) by the
        applicable increase percentage,
            ``(II) determining among all such amounts as increased
        under subclause (I) the greatest primary insurance amount which
        is below the 20th percentile of such amounts, and
            ``(III) reducing each primary insurance amount as increased
        under subclause (I) to the sum of such amount determined as if
        there had been no reduction in such amount under this subclause
        in any preceding year and the amount of the increase under
        subclause (I) in the primary insurance amount described in
        subclause (II).
    ``(v) Any amount increased under clause (iii) or clause (iv) which
is not a multiple of $0.10 shall be decreased to the next lower
multiple of $0.10.
    ``(vi) Any increase''.
            (2) Conforming amendment.--The last sentence of section
        215(a)(4) of such Act (42 U.S.C. 415(a)(4)) is amended, in
        subclause (I), by striking ``clause (iii) of subsection
        (i)(2)(A)'' and inserting ``clause (vii) of subsection
        (i)(2)(A)''.
    (b) Conforming Amendments To Maintain Current Levels of Cost-of-
Living Adjustment Under Other Programs.--
            (1) Supplemental security income for the aged, blind, and
        disabled.--Section 1617(a)(2) of the Social Security Act (42
        U.S.C. 1382f(a)(2)) is amended by striking ``by the same
        percentage'' and all that follows through ``percentage,'' and
        inserting the following: ``by the applicable increase
        percentage (within the meaning of section 215(i)(1)(C)) used in
        determining the amount by which benefit amounts under title II
        are increased for such month''.
            (2) Supplementary medical insurance.--Section 1839(a)(3)(B)
        of such Act (42 U.S.C. 1395r(a)(3)(B)) is amended by striking
        ``by a percentage'' and all that follows through ``November 1''
        and inserting the following: ``by the applicable increase
        percentage (within the meaning of section 215(i)(1)(C)) used in
        determining the amount by which benefit amounts under title II
        are increased for the month of December preceding the year of
        the promulgation''.
            (3) Certain veteran's benefits.--Section 3112 of title 38,
        United States Code, is amended--
                    (A) in subsection (a), by striking ``by the same
                percentage by which such benefit amounts are
                increased'' and inserting ``by the applicable increase
                percentage (within the meaning of section 215(i)(1)(C)
                of such Act) used in determining the amount by which
                such benefit amounts are increased''; and
                    (B) in subsection (b)(1), by striking ``by the same
                percentage as the percentage by which such benefit
                amounts are increased'' and inserting ``by the
                applicable increase percentage (within the meaning of
                section 215(i)(1)(C) of such Act) used in determining
                the amount by which such benefit amounts are
                increased''.
            (4) Cost-of-living adjustments to limitations on benefits
        and contributions under qualified plans.--Subsection (d) of
        section 415 of the Internal Revenue Code of 1986 (relating to
        cost-of-living adjustments) is amended by striking ``section
        215(i)(2)(A)'' and inserting ``section 215(i)(2)(A)(iii)''.
    (c) Amendment to Prior Applicable Law.--Section 215(i)(4) of the
Social Security Act (42 U.S.C. 415(i)(4)) is amended by adding at the
end the following new sentence: ``The Secretary shall provide by
regulation for the continued application of this subsection as in
effect in December 1978 as provided by the preceding provisions of this
paragraph and the amendments referred to therein. Such regulations
shall provide for the application of the amendments to the preceding
provisions of this subsection made by section 2 of the Social Security
Solvency Enhancement Act of 1994 so as to have the same effect on the
corresponding provisions of this subsection as in effect in December
1978 and applicable in accordance with this paragraph.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to
adjustments under section 215(i) of the Social Security Act effective
with months after November 1994.

Summary: Social Security COLA Limitation Act of 1994 - Amends title II of the Social Security Act to establish a flat-rate cost-of-living adjustment.