SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Performance Schools Act of
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) American K-12 schools spend over $6 billion annually on
        energy costs which is more than is spent on books and computers
        combined.
            (2) Educators teach and students learn best in an
        environment that is comfortable, healthy, naturally lit where
        possible, and in good repair and studies have indicated that
        student achievement is greater and attendance higher when those
        conditions are met.
            (3) Over half of our nation's K-12 schools are more than 40
        years old and in need of renovation to reach such standard of
        efficiency and comfort and 6,000 new schools will be required
        over the next 10 years to accommodate the growing number of
        students.
            (4) Inadequate ventilation in school buildings, poor
        lighting and acoustical quality, and uncomfortable temperatures
        can diminish students' capacity to concentrate and excel.
            (5) Inefficient use of water, either in consumption or from
        poorly maintained systems, is prevalent in older schools.
            (6) Using a whole building approach in the design of new
        schools and the renovation of existing schools--considering how
        materials, systems, and products connect and overlap and also
        how a school is integrated on its site and within the
        surrounding community--will result in high performance school
        buildings.
            (7) Adoption of whole building concepts has been shown to
        result in dramatic improvements in student and teacher
        performance.
            (8) Adopting a whole building approach usually results in a
        lower life-cycle cost for the school building than for a
        conventionally designed and built building.
            (9) Systematic use of energy conservation in school
        construction and renovation projects can save at least one
        quarter of current energy costs, leaving more money for
        teachers and educational materials.
            (10) The use of renewable energy sources such as
        daylighting, passive solar heating, photovoltaics, wind,
        geothermal, hydropower, and biomass power in a building already
        designed to be low-energy can help meet the building's energy
        needs without added emissions.
            (11) Using environmentally preferable products and
        providing for adequate supplies of fresh air will improve
        indoor air quality and provide healthful school buildings.
            (12) Most school districts do not have the knowledge of
        cutting-edge design and technologies to implement optimum
        efficiency into new school construction or into school
        renovations.
            (13) Congress is currently considering legislation that
        will help school districts build new schools and renovate
        existing schools.
    (b) Purpose.--It is the purpose of this Act to assist school
districts in the production of high performance elementary and
secondary school buildings that are healthful, productive, energy
efficient, and environmentally sound.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

    (a) Establishment.--There is established in the Department of
Education the High Performance Schools Program (hereafter in this Act
referred to as the ``Program'').
    (b) In General.--The Secretary of Education may, through the
Program, make grants--
            (1) to be provided to school districts to implement the
        purpose of this Act;
            (2) to administer the program of assistance to school
        districts pursuant to this Act; and
            (3) to promote participation by school districts in the
        program established by this Act.
    (c) Grants to Assist School Districts.--Grants under subsection
(b)(1) shall be used to achieve energy efficiency performance not less
than 30 percent beyond the levels prescribed in the 1998 International
Energy Conservation Code as it is in effect for new construction and
existing buildings. Grants under such subsection shall be made to
school districts that--
            (1) have demonstrated a need for such grants in order to
        respond appropriately to increasing elementary and secondary
        school enrollments or to make major investments in renovation
        of school facilities;
            (2) have demonstrated that the districts do not have
        adequate funds to respond appropriately to such enrollments or
        achieve such investments without assistance; and
            (3) have made a commitment to use the grant funds to
        develop high performance school buildings in accordance with
        the plan developed and approved pursuant to subsection (e)(1).
    (d) Other Grants.--
            (1) Grants for administration.--Grants under subsection
        (b)(2) shall be used to evaluate compliance by school districts
        with requirements of this Act and in addition may be used for--
                    (A) distributing information and materials to
                clearly define and promote the development of high
                performance school buildings for both new and existing
                facilities;
                    (B) organizing and conducting programs for school
                board members, school district personnel, architects,
                engineers, and others to advance the concepts of high
                performance school buildings;
                    (C) obtaining technical services and assistance in
                planning and designing high performance school
                buildings; and
                    (D) collecting and monitoring data and information
                pertaining to the high performance school building
                projects.
            (2) Grants to promote participation.--Grants under
        subsection (b)(3) may be used for promotional and marketing
        activities, including facilitating private and public
        financing, promoting the use of energy service companies,
        working with school administrations, students, and communities,
        and coordinating public benefit programs.
    (e) Implementation.--
            (1) Plans.--Grants under subsection (b) shall be provided
        only to school districts that, in consultation with State
        offices of energy and education, have developed plans that the
        State agency designated by the Governor of the State determines
        to be feasible and appropriate in order to the achieve the
        purposes for which such grants were made.
            (2) Supplementing grant funds.--The State agency referred
        to in paragraph (1) shall encourage qualifying school districts
        to supplement their grant funds with funds from other sources
        in the implementation of their plans.

SEC. 4. ALLOCATION OF FUNDS.

    (a) Governors.--Except as provided in subsection (c), funds
appropriated for the implementation of this Act shall be provided to
the Governors of the States. Each Governor shall determine the
appropriate State agency to administer the program of assistance to
school districts under this Act.
    (b) Purposes.--Except as provided in subsection (c), funds
appropriated under section 5 shall be allocated as follows:
            (1) Seventy percent shall be used to make grants under
        section 3(b)(1).
            (2) Fifteen percent shall be used to make grants under
        section 3(b)(2).
            (3) Fifteen percent shall be used to make grants under
        section 3(b)(3).
    (c) Other Funds.--The Secretary of Education may, through the
Program established under section 3(a), retain an amount, not to exceed
$300,000 per year, to assist State agencies designated by the Governor
in coordinating and implementing such Program. Such funds may be used
to develop reference materials to further define the principles and
criteria to achieve high performance school buildings.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    For grants under section 3(b) there are authorized to be
appropriated $200,000,000 for fiscal year 2001, $210,000,000 for fiscal
year 2002, $220,000,000 for fiscal year 2003, $230,000,000 for fiscal
year 2004, and such sums as may be necessary for each of the subsequent
6 fiscal years.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Elementary and secondary school.--The term ``elementary
        school'' and ``secondary school'' shall have the same meaning
        given such terms in paragraphs (14) and (25) of section 14101
        of the Elementary and Secondary Education Act of 1965 (20
        U.S.C. 8801(14),(25)).
            (2) High performance school building.--The term ``high
        performance school building'' refers to a school building
        which, in its design, construction, operation, and maintenance
        maximizes use of renewable energy and energy conservation
        practices, is cost-effective on a life-cycle basis, uses
        affordable, environmentally preferable, durable materials,
        enhances indoor environmental quality, protects and conserves
        water, and optimizes site potential.
            (3) Renewable energy.--The term ``renewable energy'' means
        energy produced by solar, wind, geothermal, hydropower, and
        biomass power.

Summary: Authorizes the Secretary of Education to make grants, through the Program, for: (1) assisting school districts to implement this Act's purpose. (2) administering the program of assistance to school districts under this Act. And (3) promoting participation by school districts in the Program. Requires grants to assist school districts to be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Requires such grants to be made to school districts that: (1) need to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities. (2) do not have adequate funds to do so without such assistance. And (3) are committed to using grant funds to develop high performance school buildings in accordance with an approved plan. Requires grants for administration to be used to evaluate compliance by school districts with requirements of this Act. Allows such grants also to be used to: (1) distribute information and materials to define and promote development of high performance school buildings for new and existing facilities. (2) organize and conduct programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of such buildings. (3) obtain technical services and assistance in planning and designing such buildings. And (4) collect and monitor data and information pertaining to such building projects. Allows grants to promote participation to be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. Allows grants under this Act to be provided only to school districts that have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate. Requires such State agency to encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. Requires funds appropriated for the implementation of this Act, with the exception of certain reserved funds, to be provided to the Governors of the States. Directs each Governor to determine the appropriate State agency to administer the program of assistance to school districts. Allocates such funds as follows: (1) 70 percent for grants to assist school districts, (2) 15 percent for grants for administration. And (3) 15 percent for grants to promote participation. Authorizes the Secretary of Education to retain, through the Program, a limited annual amount to assist State agencies designated by the Governor in coordinating and implementing such Program. Allows funds to be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. Authorizes appropriations.

High Performance Schools Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grant Reporting Efficiency and
Agreements Transparency Act of 2018'' or the ``GREAT Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) modernize reporting by recipients of Federal grants and
        cooperative agreements by creating and imposing data standards
        for the information that grants and cooperative agreement
        recipients must report to the Federal Government;
            (2) implement the recommendation by the Director of the
        Office of Management and Budget, under section 5(b)(6) of the
        Federal Funding Accountability and Transparency Act of 2006 (31
        U.S.C. 6101 note), which includes the development of a
        ``comprehensive taxonomy of standard definitions for core data
        elements required for managing Federal financial assistance
        awards'';
            (3) reduce burden and compliance costs of recipients of
        Federal grants and cooperative agreements by enabling
        technology solutions, existing or yet to be developed, by both
        the public and private sectors, to better manage data
        recipients already provide to the Federal Government; and
            (4) to strengthen oversight and management of Federal
        grants and cooperative agreements by agencies through
        consolidated collection and display of and access to open data
        that has been standardized, and where appropriate, transparency
        to the public.

SEC. 3. DATA STANDARDS FOR GRANT REPORTING.

    (a) Amendment.--Subtitle V of title 31, United States Code, is
amended by inserting after chapter 63 the following new chapter:

            ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING

``Sec.
``6401. Definitions.
``6402. Data standards for grant reporting.
``6403. Guidance applying data standards for grant reporting.
``6404. Agency requirements.
``Sec. 6401. Definitions
    ``In this chapter:
            ``(1) Agency.--The term `agency' has the meaning given that
        term in section 552(f) of title 5.
            ``(2) Core data elements.--The term `core data elements'
        means data elements that are not program-specific in nature and
        are required by agencies for all or the vast majority of
        Federal grant and cooperative assistance recipients for
        purposes of reporting.
            ``(3) Director.--The term `Director' means the Director of
        the Office of Management and Budget.
            ``(4) Federal award.--The term `Federal award'--
                    ``(A) means the transfer of anything of value for a
                public purpose of support or stimulation authorized by
                a law of the United States, including financial
                assistance and Government facilities, services, and
                property;
                    ``(B) includes grants, subgrants, awards, and
                cooperative agreements; and
                    ``(C) does not include--
                            ``(i) conventional public information
                        services or procurement of property or services
                        for the direct benefit or use of the
                        Government; or
                            ``(ii) an agreement that provides only--
                                    ``(I) direct Government cash
                                assistance to an individual;
                                    ``(II) a subsidy;
                                    ``(III) a loan;
                                    ``(IV) a loan guarantee; or
                                    ``(V) insurance.
            ``(5) Secretary.--The term `Secretary' means the head of
        the standard-setting agency.
            ``(6) Standard-setting agency.--The term `standard-setting
        agency' means the Executive department designated under section
        6402(a)(1).
            ``(7) State.--The term `State' means each State of the
        United States, the District of Columbia, each commonwealth,
        territory or possession of the United States, and each
        federally recognized Indian Tribe.
``Sec. 6402. Data standards for grant reporting
    ``(a) In General.--
            ``(1) Designation of standard-setting agency.--The Director
        shall designate the Executive department (as defined in section
        101 of title 5) that issues the most Federal awards in a
        calendar year as the standard-setting agency.
            ``(2) Establishment of standards.--Not later than 1 year
        after the date of the enactment of this chapter, the Secretary
        and the Director shall establish Governmentwide data standards
        for information reported by recipients of Federal awards.
            ``(3) Data elements.--The data standards established under
        paragraph (2) shall include, at a minimum--
                    ``(A) standard definitions for data elements
                required for managing Federal awards; and
                    ``(B) unique identifiers for Federal awards and
                entities receiving Federal awards that can be
                consistently applied Governmentwide.
    ``(b) Scope.--The data standards established under subsection (a)
shall include core data elements and may cover any information required
to be reported to any agency by recipients of Federal awards, including
audit-related information reported under chapter 75 of this title.
    ``(c) Requirements.--The data standards required to be established
under subsection (a) shall, to the extent reasonable and practicable--
            ``(1) render information reported by recipients of Federal
        grant and cooperative agreement awards fully searchable and
        machine-readable;
            ``(2) be nonproprietary;
            ``(3) incorporate standards developed and maintained by
        voluntary consensus standards bodies;
            ``(4) be consistent with and implement applicable
        accounting and reporting principles; and
            ``(5) incorporate the data standards established under the
        Federal Funding Accountability and Transparency Act of 2006 (31
        U.S.C. 6101 note).
    ``(d) Consultation.--In establishing the data standards under
subsection (a), the Secretary and the Director shall consult with, as
appropriate--
            ``(1) the Secretary of the Treasury, to ensure that the
        data standards incorporate the data standards created under the
        Federal Funding Accountability and Transparency Act of 2006 (31
        U.S.C. 6101 note);
            ``(2) the head of each agency that issues Federal awards;
            ``(3) recipients of Federal awards and organizations
        representing recipients of Federal awards;
            ``(4) private sector experts;
            ``(5) members of the public, including privacy experts,
        privacy advocates, and industry stakeholders; and
            ``(6) State and local governments.
``Sec. 6403. Guidance applying data standards for grant reporting
    ``(a) In General.--Not later than 2 years after the date of the
enactment of this chapter--
            ``(1) the Secretary and the Director shall issue guidance
        to all agencies directing the agencies to apply the data
        standards established under section 6402 to all applicable
        reporting by recipients of Federal grant and cooperative
        agreement awards; and
            ``(2) the Director shall prescribe guidance applying the
        data standards to audit-related information reported under
        chapter 75.
    ``(b) Guidance.--The guidance issued under this section shall--
            ``(1) to the extent reasonable and practicable--
                    ``(A) minimize the disruption to existing reporting
                practices for agencies and for recipients of Federal
                grant and cooperative agreement awards; and
                    ``(B) explore opportunities to implement modern
                technologies within Federal award reporting;
            ``(2) allow the Director to permit exceptions for
        categories of grants if the Director publishes a list of such
        exceptions, including exceptions for Indian Tribes and Tribal
        organizations consistent with the Indian Self-Determination and
        Education Assistance Act; and
            ``(3) take into consideration the consultation required
        under section 6402(d).
``Sec. 6404. Agency requirements
    ``Not later than 3 years after the date of the enactment of this
chapter, the head of each agency shall ensure that all of the agency's
grants and cooperative agreements use data standards for all future
information collection requests and amend existing information
collection requests covered by chapter 35 of title 44 (commonly
referred to as the Paperwork Reduction Act) to comply with the data
standards established under section 6402, consistent with the guidance
issued by the Secretary and the Director under section 6403.''.
    (b) Technical and Conforming Amendment.--The table of chapters for
subtitle V of title 31, United States Code, is amended by inserting
after the item relating to chapter 63 the following new item:

``64. Data Standards for Grant Reporting....................    6401''.

SEC. 4. SINGLE AUDIT ACT.

    (a) Amendments.--
            (1) Section 7502(h) of title 31, United States Code, is
        amended by inserting before ``to a Federal clearinghouse'' the
        following ``in an electronic form consistent with the data
        standards established under chapter 64,''.
            (2) Section 7505 of title 31, United States Code, is
        amended by adding at the end the following new subsection:
    ``(d) Such guidance shall require audit-related information
reported under this chapter to be reported in an electronic form
consistent with the data standards established under chapter 64.''.
    (b) Guidance.--Not later than 2 years after the date of the
enactment of this Act, the Director shall issue guidance requiring
audit-related information reported under chapter 75 of title 31, United
States Code, to be reported in an electronic form consistent with the
data standards established under chapter 64 of title 31, United States
Code, as added by section 3.

SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF
              PUBLIC INFORMATION AS OPEN DATA.

    (a) Collection of Information.--Not later than 4 years after the
date of the enactment of this Act, the Secretary and the Director shall
enable the collection, public display, and maintenance of Federal award
information as a Governmentwide data set, using the data standards
established under chapter 64 of title 31, United States Code, as added
by section 3, subject to reasonable restrictions established by the
Director to ensure protection of personally identifiable and otherwise
sensitive information.
    (b) Publication of Information.--The Secretary and the Director
shall require the publication of recipient-reported data collected from
all agencies on a single public portal. Information may be published on
an existing Governmentwide website as determined appropriate by the
Director.
    (c) Foia.--Nothing in this section shall require the disclosure to
the public of information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').

SEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS.

    (a) Determination Required.--The Director and the Secretary shall
determine whether to use nonproprietary identifiers under section
6402(a)(3)(B) of title 31, United States Code, as added by section
3(a).
    (b) Factors to Be Considered.--In making the determination required
pursuant to subsection (a), the Director and the Secretary shall
consider factors such as accessibility and cost to recipients of
Federal awards, agencies that issue Federal awards, private-sector
experts, and members of the public, including privacy experts and
privacy advocates.
    (c) Publication and Report on Determination.--Not later than the
earlier of 1 year after the date of the enactment of this Act or the
date on which the Secretary and Director establish data standards
pursuant to section 6402(a)(2) of title 31, United States Code, as
added by section 3(a), the Secretary and the Director shall publish and
submit to the Committees on Oversight and Government Reform of the
House of Representatives and Homeland Security and Governmental Affairs
of the Senate a report explaining the reasoning for the determination
made pursuant to subsection (a).

SEC. 7. DEFINITIONS.

    In this Act, the terms ``agency'', ``Director'', ``Federal award'',
and ``Secretary'' have the meaning given those terms in section 6401 of
title 31, United States Code, as added by section 3(a).

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to require the collection of data that is not otherwise
required pursuant to any Federal law, rule, or regulation.

SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of
this Act and the amendments made by

 this Act. Such requirements shall be carried out using amounts
otherwise authorized.

            Passed the House of Representatives September 26, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Grant Reporting Efficiency and Agreements Transparency Act of 2018 or the GREAT Act This bill requires the Office of Management and Budget, jointly withnbsp. The executive department that issues the most federal grant awards, to: (1)nbsp. Establish government-wide data standards for information reported by grant recipients, (2) issue guidance directing federal agencies to apply those standards, and (3)nbsp. Require the publication of recipient-reported data collected from all agencies on a single public website.


SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES,
              SURVIVING JOINT DEBTORS, AND PARENTS.

    (a) Definitions.--For purposes of this section:
            (1) Eligible public servant.--The term ``eligible public
        servant'' means an individual who--
                    (A) served as a police officer, firefighter, other
                safety or rescue personnel, or as a member of the Armed
                Forces; and
                    (B) died (or dies) or became (or becomes)
                permanently and totally disabled due to injuries
                suffered in the terrorist attack on September 11, 2001;
        as determined in accordance with regulations of the Secretary.
            (2) Eligible victim.--The term ``eligible victim'' means an
        individual who died (or dies) or became (or becomes)
        permanently and totally disabled due to injuries suffered in
        the terrorist attack on September 11, 2001, as determined in
        accordance with regulations of the Secretary.
            (3) Eligible spouse.--The term ``eligible spouse'' means
        the spouse of an eligible public servant, as determined in
        accordance with regulations of the Secretary.
            (4) Eligible surviving debtor.--The term ``eligible
        surviving debtor'' means an individual who owes a Federal
        student loan that is a consolidation loan that was used,
        jointly by that individual and an eligible victim, to repay the
        Federal student loans of that individual and of such eligible
        victim.
            (5) Eligible parent.--The term ``eligible parent'' means
        the parent of an eligible victim if--
                    (A) the parent owes a Federal student loan that is
                a consolidation loan that was used to repay a PLUS loan
                incurred on behalf of such eligible victim; or
                    (B) the parent owes a Federal student loan that is
                a PLUS loan incurred on behalf of an eligible victim
                who became (or becomes) permanently and totally
                disabled due to injuries suffered in the terrorist
                attack on September 11, 2001.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (7) Federal student loan.--The term ``Federal student
        loan'' means any loan made, insured, or guaranteed under part
        B, D, or E of title IV of the Higher Education Act of 1965.
    (b) Relief From Indebtedness.--
            (1) In general.--The Secretary shall provide for the
        discharge or cancellation of--
                    (A) the Federal student loan indebtedness of an
                eligible spouse;
                    (B) the consolidation loan indebtedness of an
                eligible surviving debtor;
                    (C) the portion of the consolidation loan
                indebtedness of an eligible parent that was incurred on
                behalf of an eligible victim, if the amount of such
                indebtedness with respect to such eligible victim may
                be reliably determined on the basis of records
                available to the lender; and
                    (D) the PLUS loan indebtedness of an eligible
                parent that was incurred on behalf of an eligible
                victim described in subsection (a)(5)(B).
            (2) Method of discharge or cancellation.--A loan required
        to be discharged or canceled under paragraph (1) shall be
        discharged or canceled by the method used under section 437(a),
        455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965
        (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is
        applicable to such loan.
    (c) Facilitation of Claims.--The Secretary shall--
            (1) establish procedures for the filing of applications for
        discharge or cancellation under this section by regulations
        that shall be prescribed and published within 90 days after the
        date of enactment of this Act and without regard to the
        requirements of section 553 of title 5, United States Code; and
            (2) take such actions as may be necessary to publicize the
        availability of discharge or cancellation of Federal student
        loan indebtedness for eligible spouses, eligible surviving
        debtors, and eligible parents under this section.
    (d) Availability of Funds for Payments.--Funds available for the
purposes of making payments to lenders in accordance with section
437(a) for the discharge of indebtedness of deceased or disabled
individuals shall be available for making payments under section 437(a)
to lenders of loans to the eligible spouses, eligible surviving
debtors, and eligible parents as required by this section.
    (e) Applicable to Outstanding Debt.--The provisions of this section
shall be applied to discharge or cancel only Federal student loans
(including consolidation loans) on which amounts were owed on September
11, 2001.

Summary: Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died or who became permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.

A bill to provide for cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents of individuals who died or became permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Livestock Concentration Report
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Antitrust laws.--The term ``antitrust laws'' has the
        meaning provided in subsection (a) of the first section of the
        Clayton Act (15 U.S.C. 12(a)), except that the term includes
        section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to
        the extent the section applies to unfair methods of
        competition.
            (2) Commission.--The term ``Commission'' means the
        Commission on Concentration in the Livestock Industry
        established under section 3.
            (3) Study of concentration in the red meat packing
        industry.--The term ``study of concentration in the red meat
        packing industry'' means the study of concentration in the red
        meat packing industry proposed by the Department of Agriculture
        in the Federal Register on January 9, 1992 (57 Fed. Reg. 875),
        and for which funds were appropriated by Public Law 102-142
        (105 Stat. 878).

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--A Commission on Concentration in the Livestock
Industry shall be established that shall be composed of--
            (1) the Secretary of Agriculture, who shall be the
        chairperson of the Commission; and
            (2) 2 members who represent each of the following
        categories:
                    (A) Cattle producers.
                    (B) Hog producers.
                    (C) Lamb producers.
                    (D) Meat packers.
                    (E) Experts in antitrust laws.
                    (F) Economists.
                    (G) Corporate chief financial officers.
                    (H) Corporate procurement experts.
    (b) Appointment.--The members of the Commission appointed under
subsection (a)(2) shall be appointed as follows:
            (1) The President shall appoint 4 members.
            (2) The Majority Leader of the Senate shall appoint 4
        members.
            (3) The Minority Leader of the Senate shall appoint 2
        members.
            (4) The Speaker of the House of Representatives shall
        appoint 4 members.
            (5) The Minority Leader of the House of Representatives
        shall appoint 2 members.

SEC. 4. DUTIES OF COMMISSION.

    (a) In General.--The Commission shall--
            (1) determine whether the study of concentration in the red
        meat packing industry adequately--
                    (A) examined and identified procurement markets for
                slaughter cattle in the continental United States;
                    (B) analyzed the effects that slaughter cattle
                procurement practices, and concentration in the
                procurement of slaughter cattle, have on the purchasing
                and pricing of slaughter cattle by beef packers;
                    (C) examined the use of captive cattle supply
                arrangements by beef packers and the effects of the
                arrangements on slaughter cattle markets;
                    (D) examined the economics of vertical integration
                and of coordination arrangements in the hog
                slaughtering and processing industry;
                    (E) examined the pricing and procurement by hog
                slaughtering plants operating in the Eastern corn belt;
                    (F) reviewed the pertinent research literature on
                issues relating to the structure and operation of the
                meat packing industry; and
                    (G) represents, with respect to the matters
                described in subparagraphs (A) through (F), the current
                situation in the livestock industry compared to the
                situation of the industry reflected in the data on
                which the study is based;
            (2) to request the Attorney General to report on the
        application of the antitrust laws and operation of other
        Federal laws applicable, with respect to concentration and
        vertical integration in the procurement and pricing of
        slaughter cattle and of slaughter hogs by meat packers;
            (3) review laws and regulations relating to the operation
        of the meat packing industry regarding the concentration,
        vertical integration, and vertical coordination in the
        industry;
            (4) review the farm-to-retail price spread for livestock
        during the period beginning on January 1, 1993, and ending on
        the date the report is submitted under section 5(a);
            (5) review the adequacy of price data obtained by the
        Department of Agriculture under section 203 of the Agricultural
        Marketing Act of 1946 (7 U.S.C. 1622);
            (6) make recommendations regarding the adequacy of price
        discovery in the livestock industry for animals held for
        market; and
            (7) review the lamb industry study completed by the
        Department of Justice during 1993.
    (b) Solicitation of Information.--For purposes of complying with
paragraphs (2), (3), and (4) of subsection (a), the Commission shall
solicit information from all parts of the livestock industry, including
livestock producers, livestock marketers, industry employees, meat
packers, meat processors, and retailers.

SEC. 5. REPORT AND TERMINATION.

    (a) Report.--Not later than 90 days after the study of
concentration in the red meat packing industry is submitted to
Congress, the Commission shall submit to the President, the Speaker of
the House of Representatives, and the President pro tempore of the
Senate a report summarizing the results of the duties carried out under
section 4.
    (b) Termination.--Not later than 30 days after submission of the
report, the Commission shall terminate.

            Passed the Senate December 20, 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1340

_______________________________________________________________________

                                 AN ACT

 To establish a Commission on Concentration in the Livestock Industry,
                        and for other purposes.

Summary: Livestock Concentration Report Act - Establishes a Commission on Concentration in the Livestock Industry composed of the Secretary of Agriculture, cattle, hog, and lamb producers, meat packers, corporate representatives, economists, and antitrust experts to review: (1) the adequacy of the study of concentration in the red meat packing industry. (2) the impact of antitrust, coordination, and other laws affecting the meat packing industry, (3) certain farm-to-retail and other price related data, (4) a specified lamb study. And (5) certain hog processing activities. Requires the Commission to report to the Congress within a specified time, and terminates the Commission within a specified time after such submission.

Livestock Concentration Report Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Tax Relief Act of
2007''.

SEC. 2. WORK OPPORTUNITY CREDIT MADE PERMANENT.

    (a) In General.--Subsection (c) of section 51 of the Internal
Revenue Code of 1986 is amended by striking paragraph (4).
    (b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred to individuals who begin work for the
employer after the date of the enactment of this Act.

SEC. 3. NEW MARKETS TAX CREDIT MADE PERMANENT.

    (a) In General.--Subparagraph (D) of section 45D(f)(1) of the
Internal Revenue Code of 1986 (relating to national limitation on
amount of investments designated) is amended by striking ``for 2006,
2007, and 2008'' and inserting ``for 2006 and each calendar year
thereafter''.
    (b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.

SEC. 4. QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY AND QUALIFIED
              RESTAURANT PROPERTY TREATED AS 15-YEAR PROPERTY.

    (a) In General.--Clauses (iv) and (v) of section 168(e)(3)(E) of
the Internal Revenue Code of 1986 are each amended by striking ``placed
in service before January 1, 2008''.
    (b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2007.

SEC. 5. RESEARCH CREDIT.

    (a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by striking subsection (h).
    (b) Conforming Amendment.--Section 45C(b)(1) of such Code (relating
to qualified clinical testing expenses) is amended by striking
subparagraph (D).
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2007.

SEC. 6. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

    (a) In General.--Section 198 is amended by striking subsection (h).
    (b) Effective Date.--The amendment made by this section shall apply
to expenditures paid or incurred after December 31, 2007.

SEC. 7. INCREASE IN EXCLUSION OF GAIN FROM QUALIFIED SMALL BUSINESS
              STOCK.

    (a) In General.--Paragraph (1) of section 1202(a) of the Internal
Revenue Code of 1986 is amended by striking ``50 percent'' and
inserting ``62.5 percent''.
    (b) Empowerment Zone Businesses.--Subparagraph (A) of section
1202(a)(2) is amended--
            (1) by striking ``60 percent'' and inserting ``75
        percent'', and
            (2) by striking ``50 percent'' and inserting ``62.5
        percent''.
    (c) Effective Date.--The amendments made by this section shall
apply to sales or exchanges of qualified small business stock in
taxable years beginning after the date of the enactment of this Act.

SEC. 8. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A
              MONTH FROM APRIL TO NOVEMBER.

    (a) In General.--Part I of subchapter E of chapter 1 of the
Internal Revenue Code of 1986 (relating to accounting periods) is
amended by inserting after section 444 the following new section:

``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING
              IN A MONTH FROM APRIL TO NOVEMBER.

    ``(a) General Rule.--A qualified small business may elect to have a
taxable year, other than the required taxable year, which ends on the
last day of any of the months of April through November (or at the end
of an equivalent annual period (varying from 52 to 53 weeks)).
    ``(b) Years for Which Election Effective.--An election under
subsection (a)--
            ``(1) shall be made not later than the due date (including
        extensions thereof) for filing the return of tax for the first
        taxable year of the qualified small business, and
            ``(2) shall be effective for such first taxable year or
        period and for all succeeding taxable years of such qualified
        small business until such election is terminated under
        subsection (c).
    ``(c) Termination.--
            ``(1) In general.--An election under subsection (a) shall
        be terminated on the earliest of--
                    ``(A) the first day of the taxable year following
                the taxable year for which the entity fails to meet the
                gross receipts test,
                    ``(B) the date on which the entity fails to qualify
                as an S corporation, or
                    ``(C) the date on which the entity terminates.
            ``(2) Gross receipts test.--For purposes of paragraph (1),
        an entity fails to meet the gross receipts test if the entity
        fails to meet the gross receipts test of section 448(c).
            ``(3) Effect of termination.--An entity with respect to
        which an election is terminated under this subsection shall
        determine its taxable year for subsequent taxable years under
        any other method that would be permitted under subtitle A.
            ``(4) Income inclusion and deduction rules for period after
        termination.--If the termination of an election under paragraph
        (1)(A) results in a short taxable year--
                    ``(A) items relating to net profits for the period
                beginning on the day after its last fiscal year-end and
                ending on the day before the beginning of the taxable
                year determined under paragraph (4) shall be includible
                in income ratably over the succeeding 4 taxable years,
                or (if fewer) the number of taxable years equal to the
                fiscal years for which the election under this section
                was in effect, and
                    ``(B) items relating to net losses for such period
                shall be deductible in the first taxable year after the
                taxable year with respect to which the election
                terminated.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified small business.--The term `qualified small
        business' means an entity--
                    ``(A)(i) for which an election under section
                1362(a) is in effect for the first taxable year or
                period of such entity and for all subsequent years, or
                    ``(ii) which is treated as a partnership for the
                first taxable year or period of such entity for Federal
                income tax purposes,
                    ``(B) which conducts an active trade or business or
                which would qualify for an election to amortize start-
                up expenditures under section 195, and
                    ``(C) which is a start-up business.
            ``(2) Start-up business.--For purposes of paragraph (1)(C),
        an entity shall be treated as a start-up business so long as
        not more than 75 percent of the entity is owned by any person
        who previously conducted a similar trade or business at any
        time within the 1-year period ending on the date on which such
        entity is formed. For purposes of the preceding sentence, a
        person and any other person bearing a relationship to such
        person specified in section 267(b) or 707(b)(1) shall be
        treated as one person, and sections 267(b) and 707(b)(1) shall
        be applied as if section 267(c)(4) provided that the family of
        an individual consists of the individual's spouse and the
        individual's children under the age of 21.
            ``(3) Required taxable year.--The term `required taxable
        year' has the meaning given to such term by section 444(e).
    ``(e) Tiered Structures.--The Secretary shall prescribe rules
similar to the rules of section 444(d)(3) to eliminate abuse of this
section through the use of tiered structures.''.
    (b) Conforming Amendment.--Section 444(a)(1) of such Code is
amended by striking ``section,'' and inserting ``section and section
444A''.
    (c) Clerical Amendment.--The table of sections for part I of
subchapter E of chapter 1 of such Code is amended by inserting after
the item relating to section 444 the following new item:

``444A. Qualified small businesses election of taxable year ending in a
                            month from April to November.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 9. INCREASE IN MAXIMUM NUMBER OF S CORPORATION SHAREHOLDERS.

    (a) In General.--Subparagraph (A) of section 1361(b)(1) is amended
by striking ``100'' and inserting ``150''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 10. GOVERNMENT CONTRACTS WITH SMALL BUSINESSES NOT SUBJECT TO TAX
              WITHHOLDING.

    (a) In General.--Paragraph (2) of section 3402(t) is amended by
striking ``and'' at the end of subparagraph (H), by striking the period
at the end of subparagraph (I) and inserting ``, and'', and by adding
at the end the following new subparagraph:
                    ``(J) to any specified small business.''.
    (b) Specified Small Business.--Subsection (t) of section 3402 is
amended by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
            ``(3) Specified small business.--For purposes of this
        subsection, the term `specified small business' means a
        corporation or partnership which meets the gross receipts test
        of section 448(c) for the taxable year prior to the taxable
        year in which the payment is received (or, in the case of a
        sole proprietorship, which would meet such test if such
        proprietorship were a corporation).''.
    (c) Effective Date.--The amendments made by this section shall take
effect as if included in section 511 of the Tax Increase Prevention and
Reconciliation Act of 2005.

Summary: Small Business Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) make permanent the work opportunity tax credit, the new markets tax credit, and the tax credit for increasing research activities. (2) make permanent accelerated depreciation of qualified leasehold improvement and restaurant property and expensing of environmental remediation expenditures. (3) increase the partial tax exclusion of gain from sales of certain small business stock for noncorporate business taxpayers and businesses in an empowerment zone. (4) permit certain small businesses to elect taxable years ending between April and November. (5) increase the allowable number of S corporation shareholders from 100 to 150. And (6) exempt certain small businesses from the 3 withholding requirement applicable to payments made to such businesses by government entities.

To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses.


SECTION 1. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES KILLED
              OR WOUNDED IN TERRORIST ATTACKS WITHIN THE UNITED STATES.

    (a) Findings.--Congress makes the following findings:
            (1) The Final Report of the National Commission on
        Terrorist Attacks Upon the United States (commonly known as the
        ``9/11 Commission Report'') recognizes that there is a certain
        ideology that gives rise to terrorism.
            (2) This ideology that gives rise to terrorism can even
        influence citizens and residents of the United States to
        perpetrate attacks within the United States against members of
        the Armed Forces.
            (3) Two such attacks have already occurred within the
        United States, one at a recruiting station in Little Rock,
        Arkansas, on June 1, 2009, and one at Fort Hood, Texas, on
        November 5, 2009.
            (4) According to investigative reports released by the
        Committee on Homeland Security of the House of Representatives
        and the Committee on Homeland Security and Governmental Affairs
        of the Senate at least 33 threats, plots, and strikes related
        to domestic terrorism against United States military
        communities have been uncovered since September 11, 2001.
            (5) These threats, plots, and strikes demonstrate that
        members of the Armed Forces are at risk of terrorist attack not
        only when deployed overseas, but also while stationed within
        the United States.
            (6) The Department of Defense has recognized the threat
        posed by terrorist attacks, including those perpetrated by a
        member of the Armed Forces, by issuing revised regulations,
        including Army Regulation 381-12 regarding the Military
        Intelligence Threat Awareness and Reporting Program, to require
        reporting of potential terrorist insider threat activity,
        including when a member of the Armed Forces is ``advocating the
        use of unlawful violence or force to achieve goals that are
        political, religious, or ideological in nature''.
    (b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense (and the Secretary of Homeland Security with
respect to the Coast Guard) should duly honor those members of the
Armed Forces who are killed or wounded in terrorist attacks within the
United States that are inspired by the ideology that gives rise to
terrorism, as defined by the Final Report of the National Commission on
Terrorist Attacks Upon the United States (commonly known as the ``9/11
Commission Report'').
    (c) Award of Purple Heart.--
            (1) Award required.--Chapter 57 of title 10, United States
        Code, is amended by inserting after section 1129 the following
        new section:
``Sec. 1129a. Purple Heart: members killed or wounded by terrorist
              attacks perpetrated within the United States
    ``(a) For purposes of the award of the Purple Heart, the Secretary
concerned shall treat a member of the armed forces described in
subsection (b) in the same manner as a member who is killed or wounded
in action as the result of an act of the enemy of the United States.
    ``(b)(1) A member of the armed forces described in this subsection
is a member who the Secretary concerned determines was killed or
wounded in a terrorist attack within the United States perpetrated by
an individual or individuals expressing a political, religious, or
ideological obligation to engage in unlawful violence directed against
United States military operations or foreign policy, as described in
Army Regulation 318-12 of October 2010 regarding the Military
Intelligence Threat Awareness and Reporting Program.
    ``(2) In this subsection, the term `terrorist attack' means the
calculated use of violence or threat of violence to inculcate fear
intended to coerce or to intimidate governments or societies in the
pursuit of goals that are generally political, religious, or
ideological, as described in the Army Regulation referred to in
paragraph (1).
    ``(3) In implementing this section, the Secretary concerned shall
make no distinction between `international terrorism' and `domestic
terrorism', as those terms are defined in section 2331 of title 18.
    ``(4) If a terrorist attack referred to in paragraph (1) includes,
as victims, members of more than one armed force, the determination
required by such paragraph shall be made jointly by the Secretaries of
the armed forces concerned.
    ``(c) Subsection (a) shall not apply to a member of the armed
forces whose death or wound is the result of the willful misconduct of
the member.
    ``(d) Nothing in this section shall be interpreted--
            ``(1) to affect the designation of any individual alleged
        to have perpetrated an attack referred to in subsection (b)(1)
        as an enemy combatant for any purposes under law; or
            ``(2) to preempt or otherwise affect any legal proceedings
        relating to such an attack.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 57 of such title is amended by inserting
        after the item relating of section 1129 the following new item:

``1129a. Purple Heart: members killed or wounded by terrorist attacks
                            perpetrated within the United States.''.
            (3) Retroactive effective date and application.--
                    (A) Effective date.--The amendments made by this
                subsection shall take effect as of January 1, 2009.
                    (B) Review of certain previous incidents.--The
                Secretaries of the military departments (and the
                Secretary of Homeland Security with respect to the
                Coast Guard) shall undertake a review of each death or
                wounding of a member of the Armed Forces that occurred
                within the United States between January 1, 2009, and
                the date of the enactment of this Act under
                circumstances that could qualify the death or wounding
                as being the result of a terrorist attack within the
                United States to determine whether the death or
                wounding does qualify as a death or wounding resulting
                from a terrorist attack within the United States for
                purposes of section 1129a of title 10, United States
                Code, as added by this subsection.
                    (C) Actions following review.--If the death or
                wounding of a member of the Armed Forces reviewed under
                subparagraph (B) is determined to qualify as a death or
                wounding resulting from a terrorist attack within the
                United States for purposes of such section 1129a, the
                Secretary of the military department concerned (or the
                Secretary of Homeland Security with respect to a member
                of the Coast Guard) shall take appropriate action under
                such section to award the Purple Heart to the member.

Summary: Expresses the sense of Congress that the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard, should duly honor those members of the Armed Forces who are killed or wounded in the United States in terrorist attacks that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States. Provides that, for purposes of awarding the Purple Heart, the Secretary of the military department concerned shall treat a member of the Armed Forces who is killed or wounded in a terrorist attack within the United States in the same manner as a member killed or wounded in action due to an act of an enemy of the United States. Makes this Act effective as of January 1, 2009. Directs the Secretaries concerned to: (1) review each death or wounding of a member within the United States between January 1, 2009, and the date of enactment of this Act to determine whether such death or wounding qualifies as a death or wounding resulting from a terrorist attack for purposes of this Act, and (2) upon a positive determination, take appropriate action.

A bill to amend title 10, United States Code, to provide for the award of the Purple Heart to members of the Armed Forces who are killed or wounded in a terrorist attack perpetrated within the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Research Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Nearly 4 of 5 peer reviewed research projects deemed
        worthy of funding by the National Institutes of Health are not
        funded.
            (2) Less than 2 percent of the nearly one trillion dollars
        our Nation spends on health care is devoted to health research,
        while the defense industry spends 15 percent of its budget on
        research.
            (3) Public opinion surveys have shown that Americans want
        more Federal resources put into health research and support by
        having a portion of their health insurance premiums set aside
        for this purpose.
            (4) Ample evidence exists to demonstrate that health
        research has improved the quality of health care in the United
        States. Advances such as the development of vaccines, the cure
        of many childhood cancers, drugs that effectively treat a host
        of diseases and disorders, a process to protect our Nation's
        blood supply from the HIV virus, progress against
        cardiovascular disease including heart attack and stroke, and
        new strategies for the early detection and treatment of
        diseases such as colon, breast, and prostate cancer clearly
        demonstrates the benefits of health research.
            (5) Among the most effective methods to control health care
        costs are prevention and cure of disease and disability, thus,
        health research which holds the promise of cure and prevention
        of disease and disability is a critical component of any
        comprehensive health care reform plan.
            (6) The state of our Nation's research facilities at the
        National Institutes of Health and at universities is
        deteriorating significantly. Renovation and repair of these
        facilities are badly needed to maintain and improve the quality
        of research.
            (7) Because the Omnibus Budget Reconciliation Act of 1993
        freezes discretionary spending for the next 5 years, the
        Nation's investment in health research through the National
        Institutes of Health is likely to decline in real terms unless
        corrective legislative action is taken.
            (8) A health research fund is needed to maintain our
        Nation's commitment to health research and to increase the
        percentage of approved projects which receive funding at the
        National Institutes of Health to at least 33 percent.

SEC. 3. NATIONAL FUND FOR HEALTH RESEARCH.

    (a) Establishment.--There is established in the Treasury of the
United States an account, to be known as the ``National Fund for Health
Research'' (hereafter referred to in this section as the ``Fund''),
consisting of such amounts as are transferred to the Fund under
subsection (b) and any interest earned on investment of amounts in the
Fund.
    (b) Transfers to Fund.--
            (1) In general.--The Secretary of the Treasury shall
        transfer to the Fund an amount equal to the amounts designated
        under paragraph (2) and received in the Treasury.
            (2) Amounts.--
                    (A) In general.--With respect to each calendar year
                beginning with the first full calendar year during
                which a comprehensive health care reform program
                utilizing a regional and corporate health alliance
                structure has been implemented, each such alliance
                shall set aside and transfer to the Treasury of the
                United States the applicable amount under subparagraph
                (B) and under section 6097 of the Internal Revenue Code
                of 1986.
                    (B) Applicable amount.--The applicable amount under
                this subparagraph with respect to a regional or
                corporate alliance shall be equal to--
                            (i) with respect to the first full calendar
                        year described in subparagraph (A), .25 percent
                        of all health premiums received by the alliance
                        for such year;
                            (ii) with respect to the second calendar
                        year described in subparagraph (A), .50 percent
                        of all health premiums received by the alliance
                        for such year;
                            (iii) with respect to the third calendar
                        year described in subparagraph (A), .75 percent
                        of all health premiums received by the alliance
                        for such year; and
                            (iv) with respect to the fourth and
                        succeeding calendar years described in
                        subparagraph (A), 1 percent of all health
                        premiums received by the alliance for such
                        year.
            (3) Designation of overpayments and contributions.--
                    (A)  In general.--Subchapter A of chapter 61 of the
                Internal Revenue Code of 1986 (relating to returns and
                records) is amended by adding at the end the following
                new part:

   ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
                   NATIONAL FUND FOR HEALTH RESEARCH

``Sec. 6097. Amounts for the National Fund for Health Research.

``SEC. 6097. AMOUNTS FOR THE NATIONAL FUND FOR HEALTH RESEARCH.

    ``(a) In General.--Every individual (other than a nonresident
alien) may designate that--
            ``(1) a portion (not less than $1) of any overpayment of
        the tax imposed by chapter 1 for the taxable year, and
            ``(2) a cash contribution (not less than $1),
be paid over to the National Fund for Health Research established under
section 3 of the Health Research Act of 1994. In the case of a joint
return of a husband and wife, each spouse may designate one-half of any
such overpayment of tax (not less than $2).
    ``(b) Manner and Time of Designation.--Any designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the original return of the tax imposed by chapter 1 for
such taxable year. Such designation shall be made either on the 1st
page of the return or on the page bearing the taxpayer's signature.
    ``(c) Overpayments Treated as Refunded.--For purposes of this
section, any overpayment of tax designated under subsection (a) shall
be treated as being refunded to the taxpayer as of the last day
prescribed for filing the return of tax imposed by chapter 1
(determined with regard to extensions) or, if later, the date the
return is filed.
    ``(d) Designated Amounts Not Deductible.--No amount designated
pursuant to subsection (a) shall be allowed as a deduction under
section 170 or any other section for any taxable year.
    ``(e) Termination.--This section shall not apply to taxable years
beginning in a calendar year after a determination by the Secretary
that the sum of all designations under subsection (a) for taxable years
beginning in the second and third calendar years preceding the calendar
year is less than $5,000,000.''.
                    (B) Clerical amendment.--The table of parts for
                subchapter A of chapter 61 of such Code is amended by
                adding at the end the following new item:

                              ``Part IX. Designation of overpayments
                                        and contributions for the
                                        National Fund for Health
                                        Research.''.
                    (C) Effective date.--The amendments made by this
                paragraph shall apply to taxable years beginning after
                December 31, 1993.
    (c) Expenditures From Fund.--
            (1) In general.--The Secretary of the Treasury shall pay
        annually, within 30 days after the President signs an
        appropriations Act for the Departments of Labor, Health and
        Human Services, and Education and related agencies, or by the
        end of the first quarter of the fiscal year, to the Secretary
        of Health and Human Services on behalf of the National
        Institutes of Health, an amount equal to the amount in the
        National Fund for Health Research at the time of such payment,
        to enable the Secretary to carry out the purpose of section
        404F of the Public Health Service Act, less any administrative
        expenses which may be paid under paragraph (3).
            (2) Purposes for expenditures from fund.--Part A of title
        IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is
        amended by adding at the end the following new section:

``SEC. 404F. EXPENDITURES FROM THE NATIONAL FUND FOR HEALTH RESEARCH.

    ``(a) In General.--From amounts received for any fiscal year from
the National Fund for Health Research, the Secretary of Health and
Human Services shall distribute--
            ``(1) 2 percent of such amounts during any fiscal year to
        the Office of the Director of the National Institutes of Health
        to be allocated at the Director's discretion for the following
        activities:
                    ``(A) for carrying out the responsibilities of the
                Office of the Director, National Institutes of Health,
                including the Office of Research on Women's Health and
                the Office of Research on Minority Health, the Office
                of Alternative Medicine and the Office of Rare Diseases
                Research; and
                    ``(B) for construction and acquisition of equipment
                for or facilities of or used by the National Institutes
                of Health;
            ``(2) 2 percent of such amounts for transfer to the
        National Center for Research Resources to carry out section
        1502 of the National Institutes of Health Revitalization Act of
        1993 concerning Biomedical and Behavioral Research Facilities;
            ``(3) 1 percent of such amounts during any fiscal year for
        carrying out section 301 and part D of title IV with respect to
        health information communications; and
            ``(4) the remainder of such amounts during any fiscal year
        to member institutes of the National Institutes of Health and
        Centers in the same proportion to the total amount received
        under this section, as the amount of annual appropriations
        under appropriations Acts for each member institute and Centers
        for the fiscal year bears to the total amount of appropriations
        under appropriations Acts for all member institutes and Centers
        of the National Institutes of Health for the fiscal year.
    ``(b) Plans of Allocation.--The amounts transferred under
subsection (a) shall be allocated by the Director of NIH or the various
directors of the institutes and centers, as the case may be, pursuant
to allocation plans developed by the various advisory councils to such
directors, after consultation with such directors.''.
            (3) Administrative expenses.--Amounts in the National Fund
        for Health Research shall be available to pay the
        administrative expenses of the Department of the Treasury
        directly allocable to--
                    (A) modifying the individual income tax return
                forms to carry out section 6097 of the Internal Revenue
                Code of 1986;
                    (B) carrying out this section with respect to such
                Fund; and
                    (C) processing amounts received under this section
                and transferring such amounts to such Fund.
            (4) Trigger and release of fund monies.--No expenditures
        shall be made pursuant to section 3(c) during any fiscal year
        in which the annual amount appropriated for the National
        Institutes of Health is less than the amount so appropriated
        for the prior fiscal year.
    (d) Budget Enforcement.--Amounts contained in the National Fund for
Health Research shall be excluded from, and shall not be taken into
account for purposes of, any budget enforcement procedures under the
Congressional Budget Act of 1974 or the Balanced Budget Emergency
Deficit Control Act of 1985.

Summary: Health Research Act of 1994 - Establishes in the Treasury the National Fund for Health Research. Requires regional and corporate health alliances formed under a comprehensive health care reform program to set aside and transfer specified amounts each calendar year into the Fund. Amends the Internal Revenue Code to authorize individuals to designate for payment into the Fund at least $1 of a cash contribution or of any tax overpayment made. Requires the Secretary of Health and Human Services to distribute specified amounts from the Fund for various health research activities of the National Institutes of Health and the National Center for Research Resources. Excludes Fund amounts from any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985 .

Health Research Act of 1994


SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Aviation Security Stakeholder
Participation Act of 2014''.
SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.
    (a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44946. Aviation Security Advisory Committee
    ``(a) Establishment.--The Assistant Secretary shall establish
within the Transportation Security Administration an aviation security
advisory committee.
    ``(b) Duties.--
        ``(1) In general.--The Assistant Secretary shall consult the
    Advisory Committee, as appropriate, on aviation security matters,
    including on the development, refinement, and implementation of
    policies, programs, rulemaking, and security directives pertaining
    to aviation security, while adhering to sensitive security
    guidelines.
        ``(2) Recommendations.--
            ``(A) In general.--The Advisory Committee shall develop, at
        the request of the Assistant Secretary, recommendations for
        improvements to aviation security.
            ``(B) Recommendations of subcommittees.--Recommendations
        agreed upon by the subcommittees established under this section
        shall be approved by the Advisory Committee before transmission
        to the Assistant Secretary.
        ``(3) Periodic reports.--The Advisory Committee shall
    periodically submit to the Assistant Secretary--
            ``(A) reports on matters identified by the Assistant
        Secretary; and
            ``(B) reports on other matters identified by a majority of
        the members of the Advisory Committee.
        ``(4) Annual report.--The Advisory Committee shall submit to
    the Assistant Secretary an annual report providing information on
    the activities, findings, and recommendations of the Advisory
    Committee, including its subcommittees, for the preceding year. Not
    later than 6 months after the date that the Secretary receives the
    annual report, the Secretary shall publish a public version
    describing the Advisory Committee's activities and such related
    matters as would be informative to the public consistent with the
    policy of section 552(b) of title 5.
        ``(5) Feedback.--Not later than 90 days after receiving
    recommendations transmitted by the Advisory Committee under
    paragraph (4), the Assistant Secretary shall respond in writing to
    the Advisory Committee with feedback on each of the
    recommendations, an action plan to implement any of the
    recommendations with which the Assistant Secretary concurs, and a
    justification for why any of the recommendations have been
    rejected.
        ``(6) Congressional notification.--Not later than 30 days after
    providing written feedback to the Advisory Committee under
    paragraph (5), the Assistant Secretary shall notify the Committee
    on Commerce, Science, and Transportation of the Senate and the
    Committee on Homeland Security of the House of Representatives on
    such feedback, and provide a briefing upon request.
        ``(7) Report to congress.--Prior to briefing the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Homeland Security of the House of Representatives
    under paragraph (6), the Assistant Secretary shall submit to such
    committees a report containing information relating to the
    recommendations transmitted by the Advisory Committee in accordance
    with paragraph (4).
    ``(c) Membership.--
        ``(1) Appointment.--
            ``(A) In general.--Not later than 180 days after the date
        of enactment of the Aviation Security Stakeholder Participation
        Act of 2014, the Assistant Secretary shall appoint the members
        of the Advisory Committee.
            ``(B) Composition.--The membership of the Advisory
        Committee shall consist of individuals representing not more
        than 34 member organizations. Each organization shall be
        represented by 1 individual (or the individual's designee).
            ``(C) Representation.--The membership of the Advisory
        Committee shall include representatives of air carriers, all-
        cargo air transportation, indirect air carriers, labor
        organizations representing air carrier employees, labor
        organizations representing transportation security officers,
        aircraft manufacturers, airport operators, airport construction
        and maintenance contractors, labor organizations representing
        employees of airport construction and maintenance contractors,
        general aviation, privacy organizations, the travel industry,
        airport-based businesses (including minority-owned small
        businesses), businesses that conduct security screening
        operations at airports, aeronautical repair stations, passenger
        advocacy groups, the aviation security technology industry
        (including screening technology and biometrics), victims of
        terrorist acts against aviation, and law enforcement and
        security experts.
        ``(2) Term of office.--
            ``(A) Terms.--The term of each member of the Advisory
        Committee shall be 2 years. A member of the Advisory Committee
        may be reappointed.
            ``(B) Removal.--The Assistant Secretary may review the
        participation of a member of the Advisory Committee and remove
        such member for cause at any time.
        ``(3) Prohibition on compensation.--The members of the Advisory
    Committee shall not receive pay, allowances, or benefits from the
    Government by reason of their service on the Advisory Committee.
        ``(4) Meetings.--
            ``(A) In general.--The Assistant Secretary shall require
        the Advisory Committee to meet at least semiannually and may
        convene additional meetings as necessary.
            ``(B) Public meetings.--At least 1 of the meetings
        described in subparagraph (A) shall be open to the public.
            ``(C) Attendance.--The Advisory Committee shall maintain a
        record of the persons present at each meeting.
        ``(5) Member access to sensitive security information.--Not
    later than 60 days after the date of a member's appointment, the
    Assistant Secretary shall determine if there is cause for the
    member to be restricted from possessing sensitive security
    information. Without such cause, and upon the member voluntarily
    signing a non-disclosure agreement, the member may be granted
    access to sensitive security information that is relevant to the
    member's advisory duties. The member shall protect the sensitive
    security information in accordance with part 1520 of title 49, Code
    of Federal Regulations.
        ``(6) Chairperson.--A stakeholder representative on the
    Advisory Committee who is elected by the appointed membership of
    the Advisory Committee shall chair the Advisory Committee.
    ``(d) Subcommittees.--
        ``(1) Membership.--The Advisory Committee chairperson, in
    coordination with the Assistant Secretary, may establish within the
    Advisory Committee any subcommittee that the Assistant Secretary
    and Advisory Committee determine to be necessary. The Assistant
    Secretary and the Advisory Committee shall create subcommittees to
    address aviation security issues, including the following:
            ``(A) Air cargo security.--The implementation of the air
        cargo security programs established by the Transportation
        Security Administration to screen air cargo on passenger
        aircraft and all-cargo aircraft in accordance with established
        cargo screening mandates.
            ``(B) General aviation.--General aviation facilities,
        general aviation aircraft, and helicopter operations at general
        aviation and commercial service airports.
            ``(C) Perimeter and access control.--Recommendations on
        airport perimeter security, exit lane security and technology
        at commercial service airports, and access control issues.
            ``(D) Security technology.--Security technology standards
        and requirements, including their harmonization
        internationally, technology to screen passengers, passenger
        baggage, carry-on baggage, and cargo, and biometric technology.
        ``(2) Risk-based security.--All subcommittees established by
    the Advisory Committee chairperson in coordination with the
    Assistant Secretary shall consider risk-based security approaches
    in the performance of their functions that weigh the optimum
    balance of costs and benefits in transportation security, including
    for passenger screening, baggage screening, air cargo security
    policies, and general aviation security matters.
        ``(3) Meetings and reporting.--Each subcommittee shall meet at
    least quarterly and submit to the Advisory Committee for inclusion
    in the annual report required under subsection (b)(4) information,
    including recommendations, regarding issues within the
    subcommittee.
        ``(4) Subcommittee chairs.--Each subcommittee shall be co-
    chaired by a Government official and an industry official.
    ``(e) Subject Matter Experts.--Each subcommittee under this section
shall include subject matter experts with relevant expertise who are
appointed by the respective subcommittee chairpersons.
    ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee and its
subcommittees.
    ``(g) Definitions.--In this section:
        ``(1) Advisory committee.--The term `Advisory Committee' means
    the aviation security advisory committee established under
    subsection (a).
        ``(2) Assistant secretary.--The term `Assistant Secretary'
    means the Assistant Secretary of Homeland Security (Transportation
    Security Administration).
        ``(3) Perimeter security.--
            ``(A) In general.--The term `perimeter security' means
        procedures or systems to monitor, secure, and prevent
        unauthorized access to an airport, including its airfield and
        terminal.
            ``(B) Inclusions.--The term `perimeter security' includes
        the fence area surrounding an airport, access gates, and access
        controls.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter
449 of title 49, United States Code, is amended by adding at the end
the following new item:

``44946. Aviation Security Advisory Committee.''.

                               Speaker of the House of Representatives.

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

Summary: This measure has not been amended since it was passed by the Senate on December 9, 2014. Aviation Security Stakeholder Participation Act of 2014 - Directs the Assistant Secretary of Homeland Security to establish in the TSA an aviation security advisory committee. Requires the Assistant Secretary to consult with the Advisory Committee on aviation security matters. Requires the Advisory Committee to develop, upon the Assistant Secretary's request, recommendations to improve aviation security. Requires the Assistant Secretary to appoint to the Advisory Committee members representing up to 34 member organizations, including air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees as well as those representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors as well as labor organizations representing them, general aviation, privacy organizations, the travel industry, airport-based businesses, businesses that conduct security operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry , victims of terrorist acts against aviation, and law enforcement and security experts. Establishes within the Advisory Committee: (1) an air cargo security subcommittee, (2) a general aviation subcommittee, (3) an airport perimeter security and access control subcommittee. And (4) a security technology subcommittee. Requires all subcommittees to consider risk-based security approaches in the performance of their functions with respect to transportation security.