instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preservation of Antibiotics for 
Medical Treatment Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In January 2001, a Federal interagency task force--
                    (A) released an action plan to address the 
                continuing decline in effectiveness of antibiotics 
                against common bacterial infections, referred to as 
                antibiotic resistance;
                    (B) determined that antibiotic resistance is a 
                growing menace to all people and poses a serious threat 
                to public health; and
                    (C) cautioned that if current trends continue, 
                treatments for common infections will become 
                increasingly limited and expensive, and, in some cases, 
                nonexistent.
            (2) Antibiotic resistance, resulting in a reduced number of 
        effective antibiotics, may significantly impair the ability of 
        the United States to respond to terrorist attacks involving 
        bacterial infections or a large influx of hospitalized 
        patients.
            (3)(A) Any overuse or misuse of antibiotics contributes to 
        the spread of antibiotic resistance, whether in human medicine 
        or in agriculture.
            (B) Recognizing the public health threat caused by 
        antibiotic resistance, Congress took several steps to curb 
        antibiotic overuse in human medicine through amendments to the 
        Public Health Service Act (42 U.S.C. 201 et seq.) made by 
        section 102 of the Public Health Threats and Emergencies Act 
        (Public Law 106-505, title I; 114 Stat. 2315), but has not yet 
        addressed antibiotic overuse in agriculture.
            (4) In a March 2003 report, the National Academy of 
        Sciences stated that--
                    (A) a decrease in antimicrobial use in human 
                medicine alone will have little effect on the current 
                situation; and
                    (B) substantial efforts must be made to decrease 
                inappropriate overuse in animals and agriculture.
            (5) In 2010, the FDA determined that--
                    (A) 13.1 million kilograms of antibacterial drugs 
                were sold for use on food animals in the United States 
                in 2009;
                    (B) 3.3 million kilograms of antibacterial drugs 
                were used for human health in 2009; and
                    (C) therefore, 80 percent of antibacterial drugs 
                disseminated in the United States in 2009 were sold for 
                use on food animals, rather than being used for human 
                health.
            (6)(A) Large-scale, voluntary surveys by the Department of 
        Agriculture's Animal and Plant Health Inspection Service in 
        1999, 2001, and 2006 revealed that--
                    (i) 84 percent of grower-finisher swine farms, 83 
                percent of cattle feedlots, and 84 percent of sheep 
                farms administer antimicrobials in the feed or water 
                for health or growth promotion reasons; and
                    (ii) many of the antimicrobials identified are 
                identical or closely related to drugs used in human 
                medicine, including tetracyclines, macrolides, 
                Bacitracin, penicillins, and sulfonamides; and
            (B) these drugs are used in people to treat serious 
        diseases such as pneumonia, scarlet fever, rheumatic fever, 
        venereal disease, skin infections, and even pandemics like 
        malaria and plague, as well as bioterrorism agents like 
        smallpox and anthrax.
            (7) Many scientific studies confirm that the nontherapeutic 
        use of antibiotics in agricultural animals contributes to the 
        development of antibiotic-resistant bacterial infections in 
        people.
            (8) The periodical entitled ``Clinical Infectious 
        Diseases'' published a report in June 2002, that--
                    (A) was based on a 2-year review by experts in 
                human and veterinary medicine, public health, 
                microbiology, biostatistics, and risk analysis, of more 
                than 500 scientific studies on the human health impacts 
                of antimicrobial use in agriculture; and
                    (B) recommended that antimicrobial agents should no 
                longer be used in agriculture in the absence of 
                disease, but should be limited to therapy for diseased 
                individual animals and prophylaxis when disease is 
                documented in a herd or flock.
            (9) The United States Geological Survey reported in March 
        2002 that--
                    (A) antibiotics were present in 48 percent of the 
                streams tested nationwide; and
                    (B) almost half of the tested streams were 
                downstream from agricultural operations.
            (10) An April 1999 study by the General Accounting Office 
        concluded that resistant strains of 3 microorganisms that cause 
        food-borne illness or disease in humans (Salmonella, 
        Campylobacter, and E. coli) are linked to the use of 
        antibiotics in animals.
            (11) Epidemiological research has shown that resistant 
        Salmonella and Campylobacter infections are associated with 
        increased numbers of ill patients and bloodstream infections, 
        and increased death.
            (12) In 2010, the peer-reviewed journal Molecular Cell 
        published a study demonstrating that low-dosage use of 
        antibiotics causes a dramatic increase in genetic mutation, 
        raising new concerns about the agricultural practice of using 
        low-dosage antibiotics in order to stimulate growth promotion 
        and routinely prevent disease in unhealthy conditions.
            (13)(A) In January 2003, Consumer Reports published test 
        results on poultry products bought in grocery stores nationwide 
        showing disturbingly high levels of Campylobacter and 
        Salmonella bacteria that were resistant to the antibiotics used 
        to treat food-borne illnesses.
            (B) The Food and Drug Administration's National 
        Antimicrobial Resistance Monitoring System routinely finds that 
        retail meat products are contaminated with bacteria (including 
        the foodborne pathogens Campylobacter and Salmonella) that are 
        resistant to antibiotics important in human medicine.
            (C) In December 2007, the USDA issued a fact sheet on the 
        recently recognized link between antimicrobial drug use in 
        animals and Methicillin Resistant Staphylococcus Aureas (MRSA) 
        infections in humans.
            (14) In October 2001, the New England Journal of Medicine 
        published an editorial urging a ban on nontherapeutic use of 
        medically important antibiotics in animals.
            (15)(A) In 1998, the National Academy of Sciences noted 
        that antibiotic-resistant bacteria generate a minimum of 
        $4,000,000,000 to $5,000,000,000 in costs to United States 
        society and individuals yearly.
            (B) In 2009, Cook County Hospital and the Alliance for 
        Prudent Use of Antibiotics estimated that the total health care 
        cost of antibiotic resistant infections in the United States 
        was between $16,600,000,000 and $26,000,000,000 annually.
            (16) The American Medical Association, the American Public 
        Health Association, the National Association of County and City 
        Health Officials, and the National Campaign for Sustainable 
        Agriculture are among the more than 300 organizations 
        representing health, consumer, agricultural, environmental, 
        humane, and other interests that have supported enactment of 
        legislation to phase out nontherapeutic use in farm animals of 
        medically important antibiotics.
            (17) In 2010, the Danish Veterinary and Food Administration 
        testified that the Danish ban of the non-therapeutic use of 
        antibiotics in food animal production resulted in a marked 
        reduction in antimicrobial resistance in multiple bacterial 
        species, including Campylobacter and Enterococci.
            (18) In 2009, the Congressional Research Service concluded 
        that restrictions overseas on the use of antimicrobial drugs in 
        the production of livestock could impact U.S. export markets 
        for livestock and poultry.
            (19) The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        301 et seq.)--
                    (A) requires that all drugs be shown to be safe 
                before the drugs are approved; and
                    (B) places the burden on manufacturers to account 
                for health consequences and prove safety.
            (20)(A) The Food and Drug Administration recently modified 
        the drug approval process for antibiotics to recognize the 
        development of resistant bacteria as an important aspect of 
        safety, but most antibiotics currently used in animal 
        production systems for nontherapeutic purposes were approved 
        before the Food and Drug Administration began considering 
        resistance during the drug-approval process.
            (B) The Food and Drug Administration has not established a 
        schedule for reviewing those existing approvals.
            (21) Certain non-routine uses of antibiotics in animal 
        agriculture are legitimate to prevent animal disease.
            (22) An April 2004 study by the General Accounting Office--
                    (A) concluded that Federal agencies do not collect 
                the critical data on antibiotic use in animals that 
                they need to support research on human health risks; 
                and
                    (B) recommends that the Department of Agriculture 
                and the Department of Health and Human Services develop 
                and implement a plan to collect data on antibiotic use 
                in animals.

SEC. 3. PURPOSE.

    The purpose of this Act is to preserve the effectiveness of 
medically important antibiotics used in the treatment of human and 
animal diseases by reviewing the safety of certain antibiotics for 
nontherapeutic purposes in food-producing animals.

SEC. 4. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS.

    (a) Definitions.--Section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the 
following:
    ``(ss) Critical Antimicrobial Animal Drug.--The term `critical 
antimicrobial animal drug' means a drug that--
            ``(1) is intended for use in food-producing animals; and
            ``(2) is composed wholly or partly of--
                    ``(A) any kind of penicillin, tetracycline, 
                macrolide, lincosamide, streptogramin, aminoglycoside, 
                or sulfonamide; or
                    ``(B) any other drug or derivative of a drug that 
                is used in humans or intended for use in humans to 
                treat or prevent disease or infection caused by 
                microorganisms.
    ``(tt) Nontherapeutic Use.--The term `nontherapeutic use', with 
respect to a critical antimicrobial animal drug, means any use of the 
drug as a feed or water additive for an animal in the absence of any 
clinical sign of disease in the animal for growth promotion, feed 
efficiency, weight gain, routine disease prevention, or other routine 
purpose.''.
    (b) Applications Pending or Submitted After Enactment.--Section 
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360b(d)(1)) is amended--
            (1) in the first sentence--
                    (A) in subparagraph (H), by striking ``or'' at the 
                end;
                    (B) in subparagraph (I), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (I) the 
                following:
                    ``(J) with respect to a critical antimicrobial 
                animal drug or a drug of the same chemical class as a 
                critical antimicrobial animal drug, the applicant has 
                failed to demonstrate that there is a reasonable 
                certainty of no harm to human health due to the 
                development of antimicrobial resistance that is 
                attributable, in whole or in part, to the 
                nontherapeutic use of the drug; or''; and
            (2) in the second sentence, by striking ``(A) through (I)'' 
        and inserting ``(A) through (J)''.
    (c) Phased Elimination of Nontherapeutic Use in Animals of Critical 
Antimicrobial Animal Drugs Important for Human Health.--Section 512 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by 
adding at the end the following:
    ``(q) Phased Elimination of Nontherapeutic Use in Animals of 
Critical Antimicrobial Animal Drugs Important for Human Health.--
            ``(1) Applicability.--This subsection applies to the 
        nontherapeutic use in a food-producing animal of a drug--
                    ``(A)(i) that is a critical antimicrobial animal 
                drug; or
                    ``(ii) that is of the same chemical class as a 
                critical antimicrobial animal drug; and
                    ``(B)(i) for which there is in effect an approval 
                of an application or an exemption under subsection (b), 
                (i), or (j) of section 505; or
                    ``(ii) that is otherwise marketed for use.
            ``(2) Withdrawal.--The Secretary shall withdraw the 
        approval of a nontherapeutic use in food-producing animals 
        described in paragraph (1) on the date that is 2 years after 
        the date of enactment of this subsection unless--
                    ``(A) before the date that is 2 years after the 
                date of the enactment of this subsection, the Secretary 
                makes a final written determination that the holder of 
                the approved application has demonstrated that there is 
                a reasonable certainty of no harm to human health due 
                to the development of antimicrobial resistance that is 
                attributable in whole or in part to the nontherapeutic 
                use of the drug; or
                    ``(B) before the date specified in subparagraph 
                (A), the Secretary makes a final written determination 
                under this subsection, with respect to a risk analysis 
                of the drug conducted by the Secretary and other 
                relevant information, that there is a reasonable 
                certainty of no harm to human health due to the 
                development of antimicrobial resistance that is 
                attributable in whole or in part to the nontherapeutic 
                use of the drug.
            ``(3) Exemptions.--Except as provided in paragraph (5), if 
        the Secretary grants an exemption under section 505(i) for a 
        drug that is a critical antimicrobial animal drug, the 
        Secretary shall rescind each approval of a nontherapeutic use 
        in a food-producing animal of the critical antimicrobial animal 
        drug, or of a drug in the same chemical class as the critical 
        antimicrobial animal drug, as of the date that is 2 years after 
        the date on which the Secretary grants the exemption.
            ``(4) Approvals.--Except as provided in paragraph (5), if 
        an application for a drug that is a critical antimicrobial 
        animal drug is submitted to the Secretary under section 505(b), 
        the Secretary shall rescind each approval of a nontherapeutic 
        use in a food-producing animal of the critical antimicrobial 
        animal drug, or of a drug in the same chemical class as the 
        critical antimicrobial animal drug, as of the date that is 2 
        years after the date on which the application is submitted to 
        the Secretary.
            ``(5) Exception.--Paragraph (3) or (4), as the case may be, 
        shall not apply if--
                    ``(A) before the date on which approval would be 
                rescinded under that paragraph, the Secretary makes a 
                final written determination that the holder of the 
                application for the approved nontherapeutic use has 
                demonstrated that there is a reasonable certainty of no 
                harm to human health due to the development of 
                antimicrobial resistance that is attributable in whole 
                or in part to the nontherapeutic use in the food-
                producing animal of the critical antimicrobial animal 
                drug; or
                    ``(B) before the date specified in subparagraph 
                (A), the Secretary makes a final written determination 
                under this subsection, with respect to a risk analysis 
                of the critical antimicrobial animal drug conducted by 
                the Secretary and any other relevant information, that 
                there is a reasonable certainty of no harm to human 
                health due to the development of antimicrobial 
                resistance that is attributable in whole or in part to 
                the nontherapeutic use of the drug.''.

SEC. 5. COMMITTEE HEARINGS ON IMPLEMENTATION.

    (a) In General.--The Committee on Energy and Commerce of the House 
of Representatives and the Committee on Energy of the Senate shall each 
hold a hearing on the implementation by the Commissioner of Food and 
Drugs of section 512(q) of the Federal Food, Drug, and Cosmetic Act, as 
added by section 4 of this Act.
    (b) Exercise of Rulemaking Authority.--Subsection (a) is enacted--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and Senate, and, as such, they shall be 
        considered as part of the rules of the House or Senate (as the 
        case may be), and such rules shall supersede any other rule of 
        the House or Senate only to the extent that rule is 
        inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to the 
        procedure in such House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of the 
        House or Senate.
answer:
Preservation of Antibiotics for Medical Treatment Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms.

Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Directs specified congressional committees to hold hearings on the implementation of such a withdrawal of approval.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Ocean Acidification Research 
And Monitoring Act of 2009'' or the ``FOARAM Act''.

SEC. 2. PURPOSES.

    (a) Purposes.--The purposes of this Act are to provide for--
            (1) development and coordination of a comprehensive 
        interagency plan to--
                    (A) monitor and conduct research on the processes 
                and consequences of ocean acidification on marine 
                organisms and ecosystems; and
                    (B) establish an interagency research and 
                monitoring program on ocean acidification;
            (2) establishment of an ocean acidification program within 
        the National Oceanic and Atmospheric Administration;
            (3) assessment and consideration of regional and national 
        ecosystem and socioeconomic impacts of increased ocean 
        acidification; and
            (4) research adaptation strategies and techniques for 
        effectively conserving marine ecosystems as they cope with 
        increased ocean acidification.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ocean acidification.--The term ``ocean acidification'' 
        means the decrease in pH of the Earth's oceans and changes in 
        ocean chemistry caused by chemical inputs from the atmosphere, 
        including carbon dioxide.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.
            (3) Subcommittee.--The term ``Subcommittee'' means the 
        Joint Subcommittee on Ocean Science and Technology of the 
        National Science and Technology Council.

SEC. 4. INTERAGENCY SUBCOMMITTEE.

    (a) Designation.--
            (1) In general.--The Joint Subcommittee on Ocean Science 
        and Technology of the National Science and Technology Council 
        shall coordinate Federal activities on ocean acidification and 
        establish an interagency working group.
            (2) Membership.--The interagency working group on ocean 
        acidification shall be comprised of senior representatives from 
        the National Oceanic and Atmospheric Administration, the 
        National Science Foundation, the National Aeronautics and Space 
        Administration, the United States Geological Survey, the United 
        States Fish and Wildlife Service, and such other Federal 
        agencies as appropriate.
            (3) Chairman.--The interagency working group shall be 
        chaired by the representative from the National Oceanic and 
        Atmospheric Administration.
    (b) Duties.--The Subcommittee shall--
            (1) develop the strategic research and monitoring plan to 
        guide Federal research on ocean acidification required under 
        section 5 of this Act and oversee the implementation of the 
        plan;
            (2) oversee the development of--
                    (A) an assessment of the potential impacts of ocean 
                acidification on marine organisms and marine 
                ecosystems; and
                    (B) adaptation and mitigation strategies to 
                conserve marine organisms and ecosystems exposed to 
                ocean acidification;
            (3) facilitate communication and outreach opportunities 
        with nongovernmental organizations and members of the 
        stakeholder community with interests in marine resources;
            (4) coordinate the United States Federal research and 
        monitoring program with research and monitoring programs and 
        scientists from other nations; and
            (5) establish or designate an Ocean Acidification 
        Information Exchange to make information on ocean acidification 
        developed through or utilized by the interagency ocean 
        acidification program accessible through electronic means, 
        including information which would be useful to policymakers, 
        researchers, and other stakeholders in mitigating or adapting 
        to the impacts of ocean acidification.
    (c) Reports to Congress.--
            (1) Initial report.--Not later than 1 year after the date 
        of enactment of this Act, the Subcommittee shall transmit a 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science and 
        Technology and the Committee on Natural Resources of the House 
        of Representatives that--
                    (A) includes a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) describes the progress in developing the plan 
                required under section 5 of this Act.
            (2) Biennial report.--Not later than 2 years after the 
        delivery of the initial report under paragraph (1) and every 2 
        years thereafter, the Subcommittee shall transmit a report to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of Representatives 
        that includes--
                    (A) a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) an analysis of the progress made toward 
                achieving the goals and priorities for the interagency 
                research plan developed by the Subcommittee under 
                section 5.
            (3) Strategic research plan.--Not later than 2 years after 
        the date of enactment of this Act, the Subcommittee shall 
        transmit the strategic research plan developed under section 5 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of Representatives. 
        A revised plan shall be submitted at least once every 5 years 
        thereafter.

SEC. 5. STRATEGIC RESEARCH PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Subcommittee shall develop a strategic plan for 
Federal research and monitoring on ocean acidification that will 
provide for an assessment of the impacts of ocean acidification on 
marine organisms and marine ecosystems and the development of 
adaptation and mitigation strategies to conserve marine organisms and 
marine ecosystems. In developing the plan, the Subcommittee shall 
consider and use information, reports, and studies of ocean 
acidification that have identified research and monitoring needed to 
better understand ocean acidification and its potential impacts, and 
recommendations made by the National Academy of Sciences in the review 
of the plan required under subsection (d).
    (b) Contents of the Plan.--The plan shall--
            (1) provide for interdisciplinary research among the ocean 
        sciences, and coordinated research and activities to improve 
        the understanding of ocean chemistry that will affect marine 
        ecosystems;
            (2) establish, for the 10-year period beginning in the year 
        the plan is submitted, the goals and priorities for Federal 
        research and monitoring which will--
                    (A) advance understanding of ocean acidification 
                and its physical, chemical, and biological impacts on 
                marine organisms and marine ecosystems;
                    (B) improve the ability to assess the socioeconomic 
                impacts of ocean acidification; and
                    (C) provide information for the development of 
                adaptation and mitigation strategies to conserve marine 
                organisms and marine ecosystems;
            (3) describe specific activities, including--
                    (A) efforts to determine user needs;
                    (B) research activities;
                    (C) monitoring activities;
                    (D) technology and methods development;
                    (E) data collection;
                    (F) database development;
                    (G) modeling activities;
                    (H) assessment of ocean acidification impacts; and
                    (I) participation in international research 
                efforts;
            (4) identify relevant programs and activities of the 
        Federal agencies that contribute to the interagency program 
        directly and indirectly and set forth the role of each Federal 
        agency in implementing the plan;
            (5) consider and utilize, as appropriate, reports and 
        studies conducted by Federal agencies, the National Research 
        Council, or other entities;
            (6) make recommendations for the coordination of the ocean 
        acidification research and monitoring activities of the United 
        States with such activities of other nations and international 
        organizations;
            (7) outline budget requirements for Federal ocean 
        acidification research and monitoring and assessment activities 
        to be conducted by each agency under the plan;
            (8) identify the monitoring systems and sampling programs 
        currently employed in collecting data relevant to ocean 
        acidification and prioritize additional monitoring systems that 
        may be needed to ensure adequate data collection and monitoring 
        of ocean acidification and its impacts; and
            (9) describe specific activities designed to facilitate 
        outreach and data and information exchange with stakeholder 
        communities.
    (c) Program Elements.--The plan shall include at a minimum the 
following program elements:
            (1) Monitoring of ocean chemistry and biological impacts 
        associated with ocean acidification at selected coastal and 
        open-ocean monitoring stations, including satellite-based 
        monitoring to characterize--
                    (A) marine ecosystems;
                    (B) changes in marine productivity; and
                    (C) changes in surface ocean chemistry.
            (2) Research to understand the species specific 
        physiological responses of marine organisms to ocean 
        acidification, impacts on marine food webs of ocean 
        acidification, and to develop environmental and ecological 
        indices that track marine ecosystem responses to ocean 
        acidification.
            (3) Modeling to predict changes in the ocean carbon cycle 
        as a function of carbon dioxide and atmosphere-induced changes 
        in temperature, ocean circulation, biogeochemistry, ecosystem 
        and terrestrial input, and modeling to determine impacts on 
        marine ecosystems and individual marine organisms.
            (4) Technology development and standardization of carbonate 
        chemistry measurements on moorings and autonomous floats.
            (5) Assessment of socioeconomic impacts of ocean 
        acidification and development of adaptation and mitigation 
        strategies to conserve marine organisms and marine ecosystems.
    (d) National Academy of Sciences Evaluation.--The Secretary shall 
enter into an agreement with the National Academy of Sciences to review 
the plan.
    (e) Public Participation.--In developing the plan, the Subcommittee 
shall consult with representatives of academic, State, industry and 
environmental groups. Not later than 90 days before the plan, or any 
revision thereof, is submitted to the Congress, the plan shall be 
published in the Federal Register for a public comment period of not 
less than 60 days.

SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES.

    (a) In General.--The Secretary shall establish and maintain an 
ocean acidification program within the National Oceanic and Atmospheric 
Administration to conduct research, monitoring, and other activities 
consistent with the strategic research and implementation plan 
developed by the Subcommittee under section 5 that--
            (1) includes--
                    (A) interdisciplinary research among the ocean and 
                atmospheric sciences, and coordinated research and 
                activities to improve understanding of ocean 
                acidification;
                    (B) the establishment of a long-term monitoring 
                program of ocean acidification utilizing existing 
                global and national ocean observing assets, and adding 
                instrumentation and sampling stations as appropriate to 
                the aims of the research program;
                    (C) research to identify and develop adaptation 
                strategies and techniques for effectively conserving 
                marine ecosystems as they cope with increased ocean 
                acidification;
                    (D) as an integral part of the research programs 
                described in this Act, educational opportunities that 
                encourage an interdisciplinary and international 
                approach to exploring the impacts of ocean 
                acidification;
                    (E) as an integral part of the research programs 
                described in this Act, national public outreach 
                activities to improve the understanding of current 
                scientific knowledge of ocean acidification and its 
                impacts on marine resources; and
                    (F) coordination of ocean acidification monitoring 
                and impacts research with other appropriate 
                international ocean science bodies such as the 
                International Oceanographic Commission, the 
                International Council for the Exploration of the Sea, 
                the North Pacific Marine Science Organization, and 
                others;
            (2) provides grants for critical research projects that 
        explore the effects of ocean acidification on ecosystems and 
        the socioeconomic impacts of increased ocean acidification that 
        are relevant to the goals and priorities of the strategic 
        research plan; and
            (3) incorporates a competitive merit-based process for 
        awarding grants that may be conducted jointly with other 
        participating agencies or under the National Oceanographic 
        Partnership Program under section 7901 of title 10, United 
        States Code.
    (b) Additional Authority.--In conducting the Program, the Secretary 
may enter into and perform such contracts, leases, grants, or 
cooperative agreements as may be necessary to carry out the purposes of 
this Act on such terms as the Secretary considers appropriate.

SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES.

    (a) Research Activities.--The Director of the National Science 
Foundation shall continue to carry out research activities on ocean 
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification 
and its impacts, including--
            (1) impacts on marine organisms and marine ecosystems;
            (2) impacts on ocean, coastal, and estuarine 
        biogeochemistry; and
            (3) the development of methodologies and technologies to 
        evaluate ocean acidification and its impacts.
    (b) Consistency.--The research activities shall be consistent with 
the strategic research plan developed by the Subcommittee under section 
5.
    (c) Coordination.--The Director shall encourage coordination of the 
Foundation's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES.

    (a) Ocean Acidification Activities.--The Administrator of the 
National Aeronautics and Space Administration, in coordination with 
other relevant agencies, shall ensure that space-based monitoring 
assets are used in as productive a manner as possible for monitoring of 
ocean acidification and its impacts.
    (b) Program Consistency.--The Administrator shall ensure that the 
Agency's research and monitoring activities on ocean acidification are 
carried out in a manner consistent with the strategic research plan 
developed by the Subcommittee under section 5.
    (c) Coordination.--The Administrator shall encourage coordination 
of the Agency's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) NOAA.--There are authorized to be appropriated to the National 
Oceanic and Atmospheric Administration to carry out the purposes of 
this Act--
            (1) $8,000,000 for fiscal year 2009;
            (2) $12,000,000 for fiscal year 2010;
            (3) $15,000,000 for fiscal year 2011; and
            (4) $20,000,000 for fiscal year 2012.
    (b) NSF.--There are authorized to be appropriated to the National 
Science Foundation to carry out the purposes of this Act--
            (1) $6,000,000 for fiscal year 2009;
            (2) $8,000,000 for fiscal year 2010;
            (3) $12,000,000 for fiscal year 2011; and
            (4) $15,000,000 for fiscal year 2012.
answer:
Federal Ocean Acidification Research And Monitoring Act of 2009 or FOARAM Act - Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.

Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council coordinate federal activities on ocean acidification and establish an interagency working group.

Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides, among other things, for the development of adaptation and mitigation strategies. Directs the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan.

Directs the Secretary to establish and maintain an ocean acidification program in NOAA to conduct research, monitoring, and other activities, including: (1) providing grants for critical research projects exploring the ecosystem and socioeconomic impacts of ocean acidification; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program.

Requires the National Science Foundation (NSF) director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts.

Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for the monitoring of ocean acidification and its impacts.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Success Act of 1999''.

      TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS

SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW.

    (a) Purpose.--It is the purpose of this title to authorize 
individuals to enter into contracts for the purposes of obtaining funds 
for the payment of tuition and other related expenses of postsecondary 
education by agreeing to pay to the holder of the contract a specified 
percentage of the individual's future earned income.
    (b) Lawfulness of Contracts; Preemption.--Any human capital 
investment contract that complies with the requirements of section 102 
shall be a valid, binding, and enforceable contract notwithstanding any 
State law limiting or otherwise regulating assignments of future wages 
or other income.

SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS.

    (a) Definition of Human Capital Investment Contract.--For purposes 
of this title, the term ``human capital investment contract'' means an 
agreement between an eligible student and any other person under which 
the eligible student sells and assigns specified percentages of the 
eligible student's future income, for a specified period of time, in 
exchange for payments to or on behalf of such student for--
            (1) the tuition and related expenses of attendance by the 
        student at an eligible institution, and
            (2) any income taxes owed by the student as a consequence 
        of the receipt of such payments.
    (b) Terms and Conditions of Agreements.--A human capital investment 
contract complies with the requirements of this section if the contract 
complies with each of the following conditions:
            (1) Specified percentage of earned income.--A human capital 
        investment contract shall specify the percentages of future 
        earned income which the student will be obligated to pay, 
        except that the contract--
                    (A) shall specify the maximum amount of earned 
                income for each year to which such specified percentage 
                shall apply;
                    (B) shall provide a schedule of reductions in such 
                percentage if the student's earned income from full-
                time employment is less than amounts specified in the 
                contract; and
                    (C) may specify a schedule of increases in such 
                percentage if the student obtains a deferral under 
                paragraph (6), subject to the limitation in paragraph 
                (2).
            (2) Aggregate limitation on obligation.--No eligible 
        student may enter into any human capital investment contract if 
        the total percentage of such student's future earned income 
        that the student agrees to pay under that contract, and any 
        other human capital investment contracts of such student, 
        exceeds 20 percent of such future earned income.
            (3) Specified duration; extension of period for 
        deferrals.--A human capital investment contract shall specify 
        the maximum period of time during which the student will be 
        obligated to pay a portion of the student's future earned 
        income from full-time employment, except that--
                    (A) except as provided in subparagraph (B), such 
                period may not exceed 180 months; and
                    (B) such contract may provide that such period may 
                be extended by the number of months during which the 
                student obtains a deferral of payments under paragraph 
                (5) or (6).
            (4) Commencement of repayment.--A human capital investment 
        contract shall provide that the student is not obligated to 
        commence payments, and that the deferral period in paragraph 
        (5) does not begin to toll, until the student--
                    (A) ceases to carry at an eligible institution at 
                least the minimum academic workload set forth in the 
                contract; or
                    (B) ceases to be eligible to meet the deferral 
                requirements set forth in paragraph (6).
            (5) Deferral for under-employment or unemployment.--A human 
        capital investment contract shall provide that the student may 
        obtain a deferral of the obligation to make payments under the 
        contract during any period in which the student is unemployed, 
        except that the contract may provide that, if the student is 
        unemployed for longer than a maximum period specified in the 
        contract, the student agrees to extinguish obligations under 
        the contract by payment of--
                    (A) the amounts determined in accordance with 
                paragraph (7), and
                    (B) any related administrative costs of collecting 
                such amounts, including attorney's fees.
            (6) Deferral during periods of graduate study.--A human 
        capital investment contract shall provide that a student who is 
        enrolled or accepted for enrollment in a postgraduate degree 
program is not obligated to commence payments under the contract until 
the student ceases to carry a full-time academic workload leading to 
such a degree at an eligible institution, except that the contract may 
provide that the maximum period for which payments may be deferred 
pursuant to this paragraph shall not exceed 48 months.
            (7) Accelerated repayment.--A human capital investment 
        contract shall specify the terms and conditions by which the 
        student may extinguish the student's obligations under the 
        contract before the end of the payment period specified in the 
        human capital investment contract, based on the remaining term 
        of such period.
    (c) Required Disclosures.--A human capital investment contract does 
not comply with the requirements of this section unless the eligible 
student is provided, before entry into agreement, a disclosure document 
that clearly and simply discloses that--
            (1) the agreement is not a debt instrument, and that the 
        amount the student will be required to pay under the 
        agreement--
                    (A) may be more or less than the amount provided to 
                the student; and
                    (B) will vary in proportion to the student's future 
                earned income;
            (2) the obligations of the student under the agreement are 
        not dischargeable under bankruptcy law;
            (3) the obligations of the student under the agreement may 
        be extinguished by accelerating payments, as specified in the 
        agreement; and
            (4) the duration of the student's obligations under the 
        agreement (absent such accelerating payments).

SEC. 103. DEFINITIONS.

    As used in this title--
            (1) Earned income.--
                    (A) The term ``earned income'' means compensation 
                and self-employment income.
                    (B) The term ``compensation'' means the gross 
                amount of salaries, wages, and other remunerations 
                earned by the student as an employee, not taking into 
                account any deferred compensation arrangements or any 
                payments to any retirement, pension, or other benefit 
                plan.
                    (C) The term ``self-employment income'' means the 
                net earnings from self-employment, as defined in 
                section 1402 of the Internal Revenue Code of 1986, and 
                regulations prescribed thereunder.
            (2) Eligible student.--The term ``eligible student'' means 
        any person--
                    (A) who is a citizen or national of the United 
                States, a permanent resident of the United States, able 
                to provide evidence from the Immigration and 
                Naturalization Service that he or she is in the United 
                States for other than a temporary purpose with the 
                intention of becoming a citizen or permanent resident, 
                or permanent resident of the Trust Territory of the 
                Pacific Islands, Guam, the Northern Mariana Islands;
                    (B) who is enrolled or accepted for enrollment in a 
                degree, certificate, or other program (including a 
                program of study abroad approved for credit by the 
                eligible institution at which such student is enrolled) 
                leading to a recognized educational credential at an 
                eligible institution of higher education; and
                    (C) who is not enrolled in an elementary or 
                secondary school.
            (3) Eligible institution.--The term ``eligible 
        institution'' means an institution of higher education as such 
        term is defined in section 481(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1088(a)).
            (4) Full-time employment; period of no employment.--
        Determinations of full-time employment in a given calendar year 
        shall be based on an average employment of 35 hours (or more) 
        per week during such year (a total of 1,820 hours or more for 
        the year). Determinations of period of no employment of a 
        student shall be determined separately for each calendar year 
        and expressed as a whole number of weeks and shall be based on 
        the excess, if any, of 1,820 over the total number of hours of 
        employment of the student during the year, divided by 35, and 
        rounded down to the nearest whole number.
            (5) State law.--
                    (A) The term ``State law'' means any law, decision, 
                rule, regulation, or other action having the effect of 
                a law of any State or any political subdivision of a 
                State, or any agency or instrumentality of a State or 
                political subdivision of a State, except that a law of 
                the United States applicable only to the District of 
                Columbia shall be treated as a State law (rather than a 
                law of the United States).
                    (B) The term ``State'' includes, in addition to the 
                several States of the Union, the Commonwealth of Puerto 
                Rico, the District of Columbia, Guam, American Samoa, 
                the Virgin Islands, the government of the Northern 
                Mariana Islands, and the Trust Territory of the Pacific 
                Islands.

     TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS

SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS.

    (a) In General.--Section 7701 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (m) as subsection (n) and by 
inserting after subsection (l) the following new subsection:
    ``(m) Human Capital Investment Contracts.--A human capital 
investment contract (as defined in section 102 of the Student Success 
Act of 1999) shall not be treated as a debt instrument for purposes of 
this title, and amounts received by the student for entering into such 
a contract shall be includible in such student's gross income for 
purposes of subtitle A.''
    (b) Depreciation.--Section 167 of the Internal Revenue Code of 1986 
(relating to depreciation) is amended by redesignating subsection (h) 
as subsection (i) and by inserting after subsection (g) the following 
new subsection:
    ``(h) Human Capital Investment Contracts.--If a depreciation 
deduction is allowable under subsection (a) with respect to any human 
capital investment contract (as defined in section 102 of the Student 
Success Act of 1999), such deduction--
            ``(1) shall be allowable beginning with the taxable year 
        during which the student is first obligated to begin payments 
        under the contract, and
            ``(2) shall be computed by using the straight-line method 
        and a useful life equal to the shorter of--
                    ``(A) 15 years, or
                    ``(B) the maximum period the student is obligated 
                to make payments under the contract (determined without 
                regard to any extension of such period by reason of a 
                deferral).''
    (c) Deduction for Payments.--
            (1) In general.--Part VII of subchapter B of chapter 1 of 
        such Code is amended by redesignating section 221 as section 
        222 and by inserting after section 220 the following new 
        section:

``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS.

    ``In the case of an individual who is obligated to make payments 
under a human capital investment contract (as defined in section 102 of 
the Student Success Act of 1999), there shall be allowed as a deduction 
the amount of such payments made during the taxable year.''
            (2) Deduction allowable in determining adjusted gross 
        income.--Subsection (a) of section 62 of such Code is amended 
        by inserting after paragraph (16) the following new paragraph:
            ``(17) Human capital investment contract payments.--The 
        deduction allowed by section 221.''
            (3) Clerical amendment.--The table of sections for part VII 
        of subchapter B of chapter 1 of such Code is amended by 
        striking the last item and inserting the following new items:

                              ``Sec. 221. Payments under human capital 
                                        investment contracts.
                              ``Sec. 222. Cross reference.''
    (d) Qualifying Income of Publicly Traded Partnerships.--Paragraph 
(1) of section 7704(d) of such Code is amended by striking ``and'' at 
the end of subparagraph (F), by striking the period at the end of 
subparagraph (G) and inserting ``, and'', and by inserting after 
subparagraph (G) the following new subparagraph:
                    ``(H) income derived from, or gain from the sale or 
                other disposition of any human capital investment 
                contract (as defined in section 102 of the Student 
                Success Act of 1999).''
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.

    TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT 
                               CONTRACTS

SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT 
              COMPANIES.

    Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 
80a-2) is amended by inserting ``human capital investment contracts (as 
such term is defined in section 102 of the Student Success Act of 
1999),'' after ``relating to foreign currency,''.

    TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT 
                               CONTRACTS

SEC. 401. EXCEPTION TO DISCHARGE.

    Section 523(a) of title 11, United States Code, is amended--
            (1) in paragraph (17) by striking ``and'' at the end,
            (2) in paragraph (18) by striking the period at the end and 
        inserting ``; and'', and
            (3) by adding at the end the following:
            ``(19) for a payment owed by the debtor as a result of a 
        payment made to or for the benefit of the debtor, under a human 
        capital investment contract (as defined in section 102 of the 
        Student Success Act of 1999 unless--
                    ``(A) such payment owed by the debtor first became 
                due more than 7 years (exclusive of any applicable 
                suspension of the debtor's payment period) before the 
                date of the filing of the petition; or
                    ``(B) excepting such debt from discharge under this 
                paragraph will impose an undue hardship on the debtor 
                and the debtor's dependents.''.

    TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL 
                          INVESTMENT CONTRACTS

SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF 
              FINANCIAL NEED.

    Section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 
1087vv(a)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
    ``(3) No portion of any amounts received by a student for entering 
into a human capital investment contract (as defined in section 102 of 
the Student Success Act of 1997) shall be included as income or assets 
in the computation of expected family contribution for any program 
funded in whole or in part under this Act.''.
answer:

TABLE OF CONTENTS: 
     Title I: Authorization of Human Capital Investment Contracts 
     Title II: Tax Treatment of Human Capital Investment 
          Contracts 
     Title III: Securities Law Treatment of Human Capital 
          Investment Contracts 
     Title IV: Bankruptcy Law Treatment of Human Capital 
          Investment Contracts 
     Title V: Federal Student Assistance Treatment of Human 
          Capital Investment Contracts 
Student Success Act of 1999 - 
Title I: Authorization of Human Capital Investment Contracts
 - Authorizes individuals to enter into human capital investment contracts (HCICs) for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. 
(Sec. 101) Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. 
(Sec. 102) Sets forth terms and conditions of HCICs, including requirements relating to: (1) specification of the percentages of future earned income which the student will be obligated to pay and of the maximum amount of earned income for each year to which such specified percentage shall apply; (2) a schedule of reductions in such percentage if the student's earned income from full-time employment is less than amounts specified in the contract (and an allowable schedule of limited increases in such percentage if the student obtains a deferral); (3) prohibitions against a student's entering into HCICs where payments exceed 20 percent of future earned income; (4) specification of the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, up to 180 months, with extensions by the number of deferred months; (5) no obligation to commence payments while carrying at least a minimum academic workload or while eligible for deferrals; (6) deferrals during periods of unemployment (as well as allowing certain payments to extinguish obligation after a maximum period of unemployment); (7) deferrals for up to 48 months of graduate education; (8) accelerated repayment; and (9) required disclosures. 
Title II: Tax Treatment of Human Capital Investment Contracts
 - Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes; and (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes. 
(Sec. 201) Sets forth conditions for allowable depreciation deductions with respect to HCICs. 
Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC. 
Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation. 
Title III: Securities Law Treatment of Human Capital Investment Contracts
 - Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies. 
Title IV: Bankruptcy Law Treatment of Human Capital Investment Contracts
 - Amends Federal bankruptcy law to except from discharge in bankruptcy any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC, unless: (1) such payment owed by the debtor first became due more than seven years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition for bankruptcy; or (2) excepting such debt from discharge will impose an undue hardship on the debtor and the debtor's dependents. 
Title V: Federal Student Assistance Treatment of Human Capital Investment Contracts
 - Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA.