[Congressional Record (Bound Edition), Volume 162 (2016), Part 11]
[Senate]
[Pages 15716-15721]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5127. Mr. McCONNELL (for Mr. Shelby (for himself and Mr. Brown)) 
proposed an amendment to the bill H.R. 5602, to amend title 31, United 
States Code, to authorize the Secretary of the Treasury to include all 
funds when issuing certain geographic targeting orders, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

    TITLE I--ENHANCING ANTITERRORISM TOOLS OF THE DEPARTMENT OF THE 
                                TREASURY

     SEC. 101. INCLUSION OF ALL FUNDS.

       (a) In General.--Section 5326 of title 31, United States 
     Code, is amended--
       (1) in the heading of such section, by striking ``coin and 
     currency'';
       (2) in subsection (a)--
       (A) by striking ``subtitle and'' and inserting ``subtitle 
     or to''; and
       (B) in paragraph (1)(A), by striking ``United States coins 
     or currency (or such other monetary instruments as the 
     Secretary may describe in such order)'' and inserting ``funds 
     (as the Secretary may describe in such order),''; and
       (3) in subsection (b)--
       (A) in paragraph (1)(A), by striking ``coins or currency 
     (or monetary instruments)'' and inserting ``funds''; and
       (B) in paragraph (2), by striking ``coins or currency (or 
     such other monetary instruments as the Secretary may describe 
     in the regulation or order)'' and inserting ``funds (as the 
     Secretary may describe in the regulation or order)''.
       (b) Clerical Amendment.--The table of contents for chapter 
     53 of title 31, United States Code, is amended in the item 
     relating to section 5326 by striking ``coin and currency''.

     SEC. 102. IMPROVING ANTITERROR FINANCE MONITORING OF FUNDS 
                   TRANSFERS.

       (a) Study.--
       (1) In general.--To improve the ability of the Department 
     of the Treasury to better track cross-border fund transfers 
     and identify potential financing of terrorist or other forms 
     of illicit finance, the Secretary shall carry out a study to 
     assess--
       (A) the potential efficacy of requiring banking regulators 
     to establish a pilot program to provide technical assistance 
     to depository institutions and credit unions that wish to 
     provide account services to money services businesses serving 
     individuals in Somalia;
       (B) whether such a pilot program could be a model for 
     improving the ability of United States persons to make 
     legitimate funds transfers through transparent and easily 
     monitored channels while preserving strict compliance with 
     the Bank Secrecy Act (Public Law 91-508; 84 Stat. 1114) and 
     related controls aimed at stopping money laundering and the 
     financing of terrorism; and
       (C) consistent with current legal requirements regarding 
     confidential supervisory information, the potential impact of 
     allowing money services businesses to share certain State 
     examination information with depository institutions and 
     credit unions, or whether another appropriate mechanism could 
     be identified to allow a similar exchange of information to 
     give the depository institutions and credit unions a better 
     understanding of whether an individual money services 
     business is adequately meeting its anti-money laundering and 
     counter-terror financing obligations to combat money 
     laundering, the financing of terror, or related illicit 
     finance.
       (2) Public input.--The Secretary should solicit and 
     consider public input as appropriate in developing this 
     study.
       (b) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Financial Services and the Committee on Foreign 
     Affairs of the House of Representatives and the Committee on 
     Banking, Housing, and Urban Affairs and the Committee on 
     Foreign Relations of the Senate a report that contains all 
     findings and determinations made in carrying out the study 
     required under subsection (a).

     SEC. 103. SENSE OF CONGRESS ON INTERNATIONAL COOPERATION 
                   REGARDING TERRORIST FINANCING INTELLIGENCE.

       It is the sense of the Congress that the Secretary, acting 
     through the Under Secretary for Terrorism and Financial 
     Crimes, should intensify work with foreign partners to help 
     the foreign partners develop intelligence analytic 
     capacities, in a finance ministry or other appropriate 
     agency, that are--
       (1) commensurate to the threats faced by the foreign 
     partner; and
       (2) designed to better integrate intelligence efforts with 
     the anti-money laundering and counter-terrorist financing 
     regimes of the foreign partner.

     SEC. 104. EXAMINING THE COUNTER-TERROR FINANCING ROLE OF THE 
                   DEPARTMENT OF THE TREASURY IN EMBASSIES.

       Not later than 180 days after the enactment of this Act, 
     the Secretary shall submit to the Committee on Financial 
     Services and the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs and the Committee on Foreign Relations of the 
     Senate a report that contains--
       (1) a list of the United States embassies in which a full-
     time Department of the Treasury financial attache is 
     stationed and a description of how the interests of the 
     Department of the Treasury relating to terrorist financing 
     and money laundering are addressed (via regional attaches or 
     otherwise) at US embassies where no such attaches are 
     present;
       (2) a list of the United States embassies at which the 
     Department of the Treasury has assigned a technical 
     assistance advisor from the Office of Technical Assistance of 
     the Department of the Treasury;
       (3) an overview of how Department of the Treasury financial 
     attaches and technical assistance advisors assist in efforts 
     to counter illicit finance, to include money laundering, 
     terrorist financing, and proliferation financing; and
       (4) an overview of patterns, trends, or other issues 
     identified by Department of the Treasury attaches and whether 
     resources are sufficient to address these issues.

 TITLE II--NATIONAL STRATEGY FOR COMBATING TERRORIST AND OTHER ILLICIT 
                               FINANCING

     SEC. 201. DEVELOPMENT OF NATIONAL STRATEGY.

       (a) In General.--The President, acting through the 
     Secretary shall, in consultation with the Attorney General, 
     the Secretary of State, the Secretary of Homeland Security, 
     the Director of National Intelligence, and the appropriate 
     Federal banking agencies, develop a national strategy for 
     combating the financing of terrorism and related forms of 
     illicit finance.
       (b) Transmittal to Congress.--
       (1) In general.--Not later than January 31, 2018, the 
     President shall submit to the appropriate congressional 
     committees a comprehensive national strategy developed in 
     accordance with subsection (a).
       (2) Updates.--Not later than January 31, 2020, and January 
     31, 2022, the President shall submit to the appropriate 
     congressional committees updated versions of the national 
     strategy submitted under paragraph (1).
       (c) Separate Presentation of Classified Material.--Any part 
     of the national strategy that involves information that is 
     properly classified under criteria established by the 
     President shall be submitted to the Congress separately in a 
     classified annex and, if requested by the chairman or ranking 
     Member of one of the appropriate congressional committees, as 
     a briefing at an appropriate level of security.

     SEC. 202. CONTENTS.

       (a) In General.--The strategy described in section 201 
     shall contain the following:
       (1) Evaluation of existing efforts.--An assessment of the 
     effectiveness of and ways in which the United States is 
     currently addressing the highest levels of risk of various 
     forms of illicit finance, including those identified in the 
     documents entitled ``2015 National Money Laundering Risk 
     Assessment'' and ``2015 National Terrorist Financing Risk 
     Assessment'', published by the Department of the Treasury and 
     a description of how the strategy is integrated into, and 
     supports, the broader counter terrorism strategy of the 
     United States.
       (2) Goals, objectives, and priorities.--A comprehensive, 
     research-based, long-range, quantifiable discussion of goals, 
     objectives, and priorities for disrupting and preventing 
     illicit finance activities within and transiting the 
     financial system of the United States that outlines 
     priorities to reduce the incidence, dollar value, and effects 
     of illicit finance.
       (3) Threats.--An identification of the most significant 
     illicit finance threats to the financial system of the United 
     States.
       (4) Reviews and proposed changes.--Reviews of enforcement 
     efforts, relevant regulations and relevant provisions of law 
     and, if

[[Page 15717]]

     appropriate, discussions of proposed changes determined to be 
     appropriate to ensure that the United States pursues 
     coordinated and effective efforts at all levels of 
     government, and with international partners of the United 
     States, in the fight against illicit finance.
       (5) Detection and prosecution initiatives.--A description 
     of efforts to improve detection and prosecution of illicit 
     finance, including efforts to ensure that--
       (A) subject to legal restrictions, all appropriate data 
     collected by the Federal Government that is relevant to the 
     efforts described in this section be available in a timely 
     fashion to--
       (i) all appropriate Federal departments and agencies; and
       (ii) as appropriate and consistent with section 314 of the 
     International Money Laundering Abatement and Financial Anti-
     Terrorism Act of 2001 (31 U.S.C. 5311 note), to financial 
     institutions to assist the financial institutions in efforts 
     to comply with laws aimed at curbing illicit finance; and
       (B) appropriate efforts are undertaken to ensure that 
     Federal departments and agencies charged with reducing and 
     preventing illicit finance make thorough use of publicly 
     available data in furtherance of this effort.
       (6) The role of the private financial sector in prevention 
     of illicit finance.--A discussion of ways to enhance 
     partnerships between the private financial sector and Federal 
     departments and agencies with regard to the prevention and 
     detection of illicit finance, including--
       (A) efforts to facilitate compliance with laws aimed at 
     stopping such illicit finance while maintaining the 
     effectiveness of such efforts; and
       (B) providing guidance to strengthen internal controls and 
     to adopt on an industry-wide basis more effective policies.
       (7) Enhancement of intergovernmental cooperation.--A 
     discussion of ways to combat illicit finance by enhancing--
       (A) cooperative efforts between and among Federal, State, 
     and local officials, including State regulators, State and 
     local prosecutors, and other law enforcement officials;
       (B) cooperative efforts with and between governments of 
     countries and with and between multinational institutions, 
     including the Financial Action Task Force, with expertise in 
     fighting illicit finance.
       (8) Trend analysis of emerging illicit finance threats.--A 
     discussion of and data regarding trends in illicit finance, 
     including evolving forms of value transfer such as so-called 
     cryptocurrencies, other methods that are computer, 
     telecommunications, or Internet-based, cyber crime, or any 
     other threats that the Secretary may choose to identify.
       (9) Budget priorities.--A multiyear budget plan that 
     identifies sufficient resources needed to successfully 
     execute the full range of missions called for in this 
     section.
       (10) Technology enhancements.--An analysis of current and 
     developing ways to leverage technology to improve the 
     effectiveness of efforts to stop the financing of terrorism 
     and other forms of illicit finance, including better 
     integration of open-source data.

                         TITLE III--DEFINITIONS

     SEC. 301. DEFINITIONS.

       In this Act--
       (1) the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Armed Services, the 
     Committee on the Judiciary, Committee on Homeland Security, 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (B) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, Committee on Armed 
     Services, Committee on the Judiciary, Committee on Homeland 
     Security and Governmental Affairs, and the Select Committee 
     on Intelligence of the Senate;
       (2) the term ``appropriate Federal banking agencies'' has 
     the meaning given the term in section 3 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1813);
       (3) the term ``Bank Secrecy Act'' means--
       (A) section 21 of the Federal Deposit Insurance Act (12 
     U.S.C. 1829b);
       (B) chapter 2 of title I of Public Law 91-508 (12 U.S.C. 
     1951 et seq.); and
       (C) subchapter II of chapter 53 of title 31, United States 
     Code;
       (4) the term ``illicit finance'' means the financing of 
     terrorism, money laundering, or other forms of illicit 
     financing domestically or internationally, as defined by the 
     President;
       (5) the term ``money services business'' has the meaning 
     given the term under section 1010.100 of title 31, Code of 
     Federal Regulations;
       (6) the term ``Secretary'' means the Secretary of the 
     Treasury; and
       (7) the term ``State'' means each of the several States, 
     the District of Columbia, and each territory or possession of 
     the United States.
                                 ______
                                 
  SA 5128. Mr. McCONNELL (for Mrs. Ernst) proposed an amendment to the 
bill S. 3336, to provide installation reutilization authority for 
arsenals, depots, and plants; as follows:

       On page 1, strike lines 3 and 4 and insert the following:

     SECTION 1. INSTALLATION REUTILIZATION AUTHORITY FOR ARSENALS, 
                   DEPOTS, AND PLANTS.

       On page 1, line 6, strike ``arsenal, the Secretary 
     concerned'' and insert ``arsenal, depot, or plant, the 
     Secretary of the Army''.
       On page 2, line 4, insert ``, depot, or plant'' after 
     ``arsenal''.
       On page 2, line 8, insert ``, depot, or plant'' after 
     ``arsenal''.
       On page 2, line 12, insert ``, depot, or plant'' after 
     ``arsenal''.
       On page 2, line 17, strike ``Secretary concerned'' and 
     insert ``Secretary of the Army''.
       On page 2, line 21, insert ``, depot, or plant'' after 
     ``arsenal''.
       On page 4, line 3, insert ``, Depot, or Plant'' after 
     ``Arsenal''.
       On page 4, line 5, insert ``, depot, or plant'' after 
     ``arsenal''.
       On page 4, line 6, strike ``Department of the Defense'' and 
     insert ``Army''.
                                 ______
                                 
  SA 5129. Mr. McCONNELL (for Mrs. Ernst) proposed an amendment to the 
bill S. 3336, to provide installation reutilization authority for 
arsenals, depots, and plants; as follows:

       Amend the title so as to read: ``A bill to provide 
     installation reutilization authority for arsenals, depots, 
     and plants.''.
                                 ______
                                 
  SA 5130. Mr. MANCHIN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed by him to the bill H.R. 34, to 
authorize and strengthen the tsunami detection, forecast, warning, 
research, and mitigation program of the National Oceanic and 
Atmospheric Administration, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

                      TITLE XIX--MINERS PROTECTION

     SEC. 19001. SHORT TITLE.

       This title may be cited as the ``Miners Protection Act of 
     2016''.

     SEC. 19002. INCLUSION OF CERTAIN RETIREES IN THE 
                   MULTIEMPLOYER HEALTH BENEFIT PLAN.

       (a) In General.--Section 402 of the Surface Mining Control 
     and Reclamation Act of 1977 (30 U.S.C. 1232) is amended--
       (1) in subsection (h)(2)(C)--
       (A) by striking ``A transfer'' and inserting the following:
       ``(i) Transfer to the plan.--A transfer'';
       (B) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively, and moving such subclauses 2 ems to 
     the right; and
       (C) by striking the matter following such subclause (II) 
     (as so redesignated) and inserting the following:
       ``(ii) Calculation of excess.--The excess determined under 
     clause (i) shall be calculated by taking into account only--

       ``(I) those beneficiaries actually enrolled in the Plan as 
     of the date of the enactment of the Miners Protection Act of 
     2016 who are eligible to receive health benefits under the 
     Plan on the first day of the calendar year for which the 
     transfer is made, other than those beneficiaries enrolled in 
     the Plan under the terms of a participation agreement with 
     the current or former employer of such beneficiaries; and
       ``(II) those beneficiaries whose health benefits, defined 
     as those benefits payable directly following death or 
     retirement or upon a finding of disability by an employer in 
     the bituminous coal industry under a coal wage agreement (as 
     defined in section 9701(b)(1) of the Internal Revenue Code of 
     1986), would be denied or reduced as a result of a bankruptcy 
     proceeding commenced in 2012 or 2015.

       ``(iii) Eligibility of certain retirees.--Individuals 
     referred to in clause (ii)(II) shall be treated as eligible 
     to receive health benefits under the Plan.
       ``(iv) Requirements for transfer.--The amount of the 
     transfer otherwise determined under this subparagraph for a 
     fiscal year shall be reduced by any amount transferred for 
     the fiscal year to the Plan, to pay benefits required under 
     the Plan, from a voluntary employees' beneficiary association 
     established as a result of a bankruptcy proceeding described 
     in clause (ii).
       ``(v) VEBA transfer.--The administrator of such voluntary 
     employees' beneficiary association shall transfer to the Plan 
     any amounts received as a result of such bankruptcy 
     proceeding, reduced by an amount for administrative costs of 
     such association.''; and
       (2) in subsection (i)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following:
       ``(4) Additional amounts.--
       ``(A) Calculation.--If the dollar limitation specified in 
     paragraph (3)(A) exceeds the aggregate amount required to be 
     transferred under paragraphs (1) and (2) for a fiscal year, 
     the Secretary of the Treasury shall transfer an additional 
     amount equal to the difference between such dollar limitation 
     and such aggregate amount to the trustees of the 1974 UMWA 
     Pension Plan to pay benefits required under that plan.

[[Page 15718]]

       ``(B) Cessation of transfers.--The transfers described in 
     subparagraph (A) shall cease as of the first fiscal year 
     beginning after the first plan year for which the funded 
     percentage (as defined in section 432(i)(2) of the Internal 
     Revenue Code of 1986) of the 1974 UMWA Pension Plan is at 
     least 100 percent.
       ``(C) Prohibition on benefit increases, etc.--During a 
     fiscal year in which the 1974 UMWA Pension Plan is receiving 
     transfers under subparagraph (A), no amendment of such plan 
     which increases the liabilities of the plan by reason of any 
     increase in benefits, any change in the accrual of benefits, 
     or any change in the rate at which benefits become 
     nonforfeitable under the plan may be adopted unless the 
     amendment is required as a condition of qualification under 
     part I of subchapter D of chapter 1 of the Internal Revenue 
     Code of 1986.
       ``(D) Treatment of transfers for purposes of withdrawal 
     liability under erisa.--The amount of any transfer made under 
     subparagraph (A) (and any earnings attributable thereto) 
     shall be disregarded in determining the unfunded vested 
     benefits of the 1974 UMWA Pension Plan and the allocation of 
     such unfunded vested benefits to an employer for purposes of 
     determining the employer's withdrawal liability under section 
     4201.
       ``(E) Requirement to maintain contribution rate.--A 
     transfer under subparagraph (A) shall not be made for a 
     fiscal year unless the persons that are obligated to 
     contribute to the 1974 UMWA Pension Plan on the date of the 
     transfer are obligated to make the contributions at rates 
     that are no less than those in effect on the date which is 30 
     days before the date of enactment of the Miners Protection 
     Act of 2016.
       ``(F) Enhanced annual reporting.--
       ``(i) In general.--Not later than the 90th day of each plan 
     year beginning after the date of enactment of the Miners 
     Protection Act of 2016, the trustees of the 1974 UMWA Pension 
     Plan shall file with the Secretary of the Treasury or the 
     Secretary's delegate and the Pension Benefit Guaranty 
     Corporation a report (including appropriate documentation and 
     actuarial certifications from the plan actuary, as required 
     by the Secretary of the Treasury or the Secretary's delegate) 
     that contains--

       ``(I) whether the plan is in endangered or critical status 
     under section 305 of the Employee Retirement Income Security 
     Act of 1974 and section 432 of the Internal Revenue Code of 
     1986 as of the first day of such plan year;
       ``(II) the funded percentage (as defined in section 
     432(i)(2) of such Code) as of the first day of such plan 
     year, and the underlying actuarial value of assets and 
     liabilities taken into account in determining such 
     percentage;
       ``(III) the market value of the assets of the plan as of 
     the last day of the plan year preceding such plan year;
       ``(IV) the total value of all contributions made during the 
     plan year preceding such plan year;
       ``(V) the total value of all benefits paid during the plan 
     year preceding such plan year;
       ``(VI) cash flow projections for such plan year and either 
     the 6 or 10 succeeding plan years, at the election of the 
     trustees, and the assumptions relied upon in making such 
     projections;
       ``(VII) funding standard account projections for such plan 
     year and the 9 succeeding plan years, and the assumptions 
     relied upon in making such projections;
       ``(VIII) the total value of all investment gains or losses 
     during the plan year preceding such plan year;
       ``(IX) any significant reduction in the number of active 
     participants during the plan year preceding such plan year, 
     and the reason for such reduction;
       ``(X) a list of employers that withdrew from the plan in 
     the plan year preceding such plan year, and the resulting 
     reduction in contributions;
       ``(XI) a list of employers that paid withdrawal liability 
     to the plan during the plan year preceding such plan year 
     and, for each employer, a total assessment of the withdrawal 
     liability paid, the annual payment amount, and the number of 
     years remaining in the payment schedule with respect to such 
     withdrawal liability;
       ``(XII) any material changes to benefits, accrual rates, or 
     contribution rates during the plan year preceding such plan 
     year;
       ``(XIII) any scheduled benefit increase or decrease in the 
     plan year preceding such plan year having a material effect 
     on liabilities of the plan;
       ``(XIV) details regarding any funding improvement plan or 
     rehabilitation plan and updates to such plan;
       ``(XV) the number of participants and beneficiaries during 
     the plan year preceding such plan year who are active 
     participants, the number of participants and beneficiaries in 
     pay status, and the number of terminated vested participants 
     and beneficiaries;
       ``(XVI) the information contained on the most recent annual 
     funding notice submitted by the plan under section 101(f) of 
     the Employee Retirement Income Security Act of 1974;
       ``(XVII) the information contained on the most recent 
     Department of Labor Form 5500 of the plan; and
       ``(XVIII) copies of the plan document and amendments, other 
     retirement benefit or ancillary benefit plans relating to the 
     plan and contribution obligations under such plans, a 
     breakdown of administrative expenses of the plan, participant 
     census data and distribution of benefits, the most recent 
     actuarial valuation report as of the plan year, copies of 
     collective bargaining agreements, and financial reports, and 
     such other information as the Secretary of the Treasury or 
     the Secretary's delegate, in consultation with the Secretary 
     of Labor and the Director of the Pension Benefit Guaranty 
     Corporation, may require.

       ``(ii) Electronic submission.--The report required under 
     clause (i) shall be submitted electronically.
       ``(iii) Information sharing.--The Secretary of the Treasury 
     or the Secretary's delegate shall share the information in 
     the report under clause (i) with the Secretary of Labor.
       ``(iv) Penalty.--Any failure to file the report required 
     under clause (i) on or before the date described in such 
     clause shall be treated as a failure to file a report 
     required to be filed under section 6058(a) of the Internal 
     Revenue Code of 1986, except that section 6652(e) of such 
     Code shall be applied with respect to any such failure by 
     substituting `$100' for `$25'. The preceding sentence shall 
     not apply if the Secretary of the Treasury or the Secretary's 
     delegate determines that reasonable diligence has been 
     exercised by the trustees of such plan in attempting to 
     timely file such report.
       ``(G) 1974 umwa pension plan defined.--For purposes of this 
     paragraph, the term `1974 UMWA Pension Plan' has the meaning 
     given the term in section 9701(a)(3) of the Internal Revenue 
     Code of 1986, but without regard to the limitation on 
     participation to individuals who retired in 1976 and 
     thereafter.''.
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to fiscal years beginning after September 30, 2016.
       (2) Reporting requirements.--Section 402(i)(4)(F) of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(i)(4)(F)), as added by this section, shall apply to plan 
     years beginning after the date of the enactment of this Act.

     SEC. 19003. CLARIFICATION OF FINANCING OBLIGATIONS.

       (a) In General.--Subsection (a) of section 9704 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking paragraph (3),
       (2) by striking ``three premiums'' and inserting ``two 
     premiums'', and
       (3) by striking ``, plus'' at the end of paragraph (2) and 
     inserting a period.
       (b) Conforming Amendments.--
       (1) Section 9704 of the Internal Revenue Code of 1986 is 
     amended--
       (A) by striking subsection (d), and
       (B) by redesignating subsections (e) through (j) as 
     subsections (d) through (i), respectively.
       (2) Subsection (d) of section 9704 of such Code, as so 
     redesignated, is amended--
       (A) by striking ``3 separate accounts for each of the 
     premiums described in subsections (b), (c), and (d)'' in 
     paragraph (1) and inserting ``2 separate accounts for each of 
     the premiums described in subsections (b) and (c)'', and
       (B) by striking ``or the unassigned beneficiaries premium 
     account'' in paragraph (3)(B).
       (3) Subclause (I) of section 9703(b)(2)(C)(ii) of such Code 
     is amended by striking ``9704(e)(3)(B)(i)'' and inserting 
     ``9704(d)(3)(B)(i)''.
       (4) Paragraph (3) of section 9705(a) of such Code is 
     amended--
       (A) by striking ``the unassigned beneficiary premium under 
     section 9704(a)(3) and'' in subparagraph (B), and
       (B) by striking ``9704(i)(1)(B)'' and inserting 
     ``9704(h)(1)(B)''.
       (5) Paragraph (2) of section 9711(c) of such Code is 
     amended--
       (A) by striking ``9704(j)(2)'' in subparagraph (A)(i) and 
     inserting ``9704(i)(2)'',
       (B) by striking ``9704(j)(2)(B)'' in subparagraph (B) and 
     inserting ``9704(i)(2)(B)'', and
       (C) by striking ``9704(j)'' and inserting ``9704(i)''.
       (6) Paragraph (4) of section 9712(d) of such Code is 
     amended by striking ``9704(j)'' and inserting ``9704(i)''.
       (c) Elimination of Additional Backstop Premium.--
       (1) In general.--Paragraph (1) of section 9712(d) of the 
     Internal Revenue Code of 1986 is amended by striking 
     subparagraph (C).
       (2) Conforming amendment.--Paragraph (2) of section 9712(d) 
     of such Code is amended--
       (A) by striking subparagraph (B),
       (B) by striking ``, and'' at the end of subparagraph (A) 
     and inserting a period, and
       (C) by striking ``shall provide for--'' and all that 
     follows through ``annual adjustments'' and inserting ``shall 
     provide for annual adjustments''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after September 30, 2016.

[[Page 15719]]



     SEC. 19004. CUSTOMS USER FEES.

       (a) In General.--Section 13031(j)(3)(A) of the Consolidated 
     Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(j)(3)(A)) is amended by striking ``September 30, 2025'' 
     and inserting ``May 6, 2026''.
       (b) Rate for Merchandise Processing Fees.--Section 503 of 
     the United States-Korea Free Trade Agreement Implementation 
     Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by 
     striking ``September 30, 2025'' and inserting ``May 6, 
     2026''.
                                 ______
                                 
  SA 5131. Ms. WARREN (for herself and Mr. Merkley) submitted an 
amendment intended to be proposed by her to the bill H.R. 34, to 
authorize and strengthen the tsunami detection, forecast, warning, 
research, and mitigation program of the National Oceanic and 
Atmospheric Administration, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike section 3037.
                                 ______
                                 
  SA 5132. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 34, to authorize and strengthen the tsunami 
detection, forecast, warning, research, and mitigation program of the 
National Oceanic and Atmospheric Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 3033.
                                 ______
                                 
  SA 5133. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 34, to authorize and strengthen the tsunami 
detection, forecast, warning, research, and mitigation program of the 
National Oceanic and Atmospheric Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

      DIVISION C--FEDERAL RESEARCH TRANSPARENCY AND ACCOUNTABILITY

     SEC. 20001. SHORT TITLE.

       This division may be cited as the ``Federal Research 
     Transparency and Accountability Act of 2016''.

     SEC. 20002. DEFINITIONS.

       In this division--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code; and
       (2) the term ``covered study'' means any study that--
       (A) is carried out in whole or in part with Federal funds; 
     and
       (B) is published, presented at a conference or meeting, or 
     otherwise made publicly available.

     SEC. 20003. FEDERALLY FUNDED RESEARCH DISCLOSURES AND 
                   DATABASE.

       (a) Prevention of Duplicative Research Funding.--The 
     Director of the Office of Management and Budget shall 
     coordinate with each agency that provides funding to entities 
     to carry out research and development to establish a system 
     to detect potential duplicative applications for funding in 
     order to prevent duplicative funding.
       (b) Database of Federally Funded Research and 
     Development.--
       (1) In general.--Each agency shall include in a publicly 
     accessible database a searchable listing of each unclassified 
     research and development project that is funded by the 
     agency, including a contract, grant, cooperative agreement, 
     or task order.
       (2) Contents.--A database described in paragraph (1) shall, 
     with respect to each unclassified research and development 
     project of an agency, contain--
       (A) the agency component that is carrying out or providing 
     funding or other assistance for the project;
       (B) the name of the project;
       (C) an abstract or summary of the project;
       (D) the funding level for the project;
       (E) the duration of the project;
       (F) the name of any contractor, subcontractor, or grantee;
       (G) the title of any published study funded by or related 
     to the project; and
       (H) expected objectives and milestones for the project.
       (3) Existing database.--An agency may satisfy the 
     requirements under this subsection if the Director of the 
     Office of Management and Budget determines that the agency 
     maintains a publicly accessible database, including a 
     database operated by or shared with another agency, that 
     substantially meets the requirements of this subsection.
       (c) Requirement for Acknowledgment in Covered Studies.--The 
     acknowledgment section in each covered study shall include--
       (1) the name of each agency that provided funding for the 
     covered study;
       (2) the project or award number associated with the covered 
     study; and
       (3) an estimate of the total cost of the covered study.
       (d) Study.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study and make publicly available a 
     report, which shall--
       (1) analyze the compliance of agencies, contractors, 
     subcontractors, and grantees with the requirements of this 
     division;
       (2) identify any obstacles that remain to prevent the 
     public from accessing the cost and findings of covered 
     studies and other research and development projects funded by 
     agencies; and
       (3) analyze efforts by agencies to prevent duplicative 
     spending.
                                 ______
                                 
  SA 5134. Mr. MERKLEY (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill H.R. 34, to 
authorize and strengthen the tsunami detection, forecast, warning, 
research, and mitigation program of the National Oceanic and 
Atmospheric Administration, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike sections 5009 and 5011.
                                 ______
                                 
  SA 5135. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 34, to authorize and strengthen the tsunami 
detection, forecast, warning, research, and mitigation program of the 
National Oceanic and Atmospheric Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike sections 5002, 5003, 5004, and 5012 of division A.
                                 ______
                                 
  SA 5136. Mr. LEAHY (for himself, Mr. Grassley, Ms. Klobuchar, and Mr. 
Lee) submitted an amendment intended to be proposed by him to the bill 
H.R. 34, to authorize and strengthen the tsunami detection, forecast, 
warning, research, and mitigation program of the National Oceanic and 
Atmospheric Administration, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of title III of division A, add the following:

                        Subtitle K--CREATES Act

     SEC. 3201. SHORT TITLE.

       This subtitle may be cited as the ``Creating and Restoring 
     Equal Access to Equivalent Samples Act of 2016'' or the 
     ``CREATES Act of 2016''.

     SEC. 3202. FINDINGS.

       Congress finds the following:
       (1) It is the policy of the United States to promote 
     competition in the market for drugs and biological products 
     by facilitating the timely entry of low-cost generic and 
     biosimilar versions of those drugs and biological products.
       (2) Since their enactment in 1984 and 2010, respectively, 
     the Drug Price Competition and Patent Term Restoration Act of 
     1984 (Public Law 98-417; 98 Stat. 1585) and the Biologics 
     Price Competition and Innovation Act of 2009 (Subtitle A of 
     title VII of Public Law 111-148; 124 Stat. 804), have 
     provided pathways for making lower-cost versions of 
     previously approved drugs and previously licensed biological 
     products available to the people of the United States in a 
     timely manner, thereby lowering overall prescription drug 
     costs for patients and taxpayers by billions of dollars each 
     year.
       (3) In order for these pathways to function as intended, 
     developers of generic drugs and biosimilar biological 
     products (referred to in this section as ``generic product 
     developers'') must be able to obtain quantities of the 
     reference listed drug or biological product with which the 
     generic drug or biosimilar biological product is intended to 
     compete (referred to in this section as a ``covered 
     product'') for purposes of supporting an application for 
     approval by the Food and Drug Administration, including for 
     testing to show that--
       (A) a prospective generic drug is bioequivalent to the 
     covered product in accordance with subsection (j) of section 
     505 of the Federal, Food, Drug, and Cosmetic Act (21 U.S.C. 
     355), or meets the requirements for approval of an 
     application submitted under subsection (b)(2) of that 
     section; or
       (B) a prospective biosimilar biological product is 
     biosimilar to or interchangeable with its reference 
     biological product under section 351(k) of the Public Health 
     Service Act (42 U.S.C. 262(k)), as applicable.
       (4) For drugs and biological products that are subject to a 
     risk evaluation and mitigation strategy, another essential 
     component in the creation of low-cost generic and biosimilar 
     versions of covered products is the ability of generic 
     product developers to join the manufacturer of the covered 
     product (referred to in this section as the ``license 
     holder'') in a single, shared system of elements to assure 
     safe use and supporting agreements, or secure a variance 
     therefrom, as required by section 505-1 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355-1).
       (5) Contrary to the policy of the United States to promote 
     competition in the market for drugs and biological products 
     by facilitating the timely entry of lower-cost generic and 
     biosimilar versions of those drugs

[[Page 15720]]

     and biological products, certain license holders are 
     preventing generic product developers from obtaining 
     quantities of the covered product necessary for the generic 
     product developer to support an application for approval by 
     the Food and Drug Administration, including testing to show 
     bioequivalence, biosimilarity, or interchangeability to the 
     covered product, in some instances based on the justification 
     that the covered product is subject to a risk evaluation and 
     mitigation strategy with elements to assure safe use under 
     section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355-1).
       (6) The Director of the Center for Drug Evaluation and 
     Research at the Food and Drug Administration has testified 
     that some manufacturers of covered products have used REMS 
     and distribution restrictions adopted by the manufacturer on 
     their own behalf as reasons to not sell quantities of a 
     covered product to generic product developers, causing 
     barriers and delays in getting generic products on the 
     market. The Food and Drug Administration has reported 
     receiving significant numbers of inquiries from generic 
     product developers who were unable to obtain samples of 
     covered products to conduct necessary testing and otherwise 
     meet requirements for approval of generic drugs.
       (7) The Chairwoman of the Federal Trade Commission has 
     testified that the Federal Trade Commission continues to be 
     very concerned about potential abuses by manufacturers of 
     brand drugs of REMS or other closed distribution systems to 
     impede generic competition.
       (8) Also contrary to the policy of the United States to 
     promote competition in the market for drugs and biological 
     products by facilitating the timely entry of lower-cost 
     generic and biosimilar versions of those drugs and biological 
     products, certain license holders are impeding the prompt 
     negotiation and development on commercially reasonable terms 
     of a single, shared system of elements to assure safe use, 
     which may be necessary for the generic product developer to 
     gain approval for its drug or licensing for its biological 
     product.
       (9) While the antitrust laws may address the refusal by 
     some license holders to provide quantities of a covered 
     product to a generic product developer, a more tailored legal 
     pathway would help ensure that generic product developers can 
     obtain necessary quantities of a covered product in a timely 
     way for purposes of developing a generic drug or biosimilar 
     biological product, facilitating competition in the 
     marketplace for drugs and biological products.
       (10) The antitrust laws may address actions by license 
     holders who impede the prompt negotiation and development of 
     a single, shared system of elements to assure safe use, and 
     the Food and Drug Administration has some authority to waive 
     the requirement of a single, shared system. Clearer 
     regulatory authority to approve different systems that meet 
     the statutory requirements to ensure patient safety, however, 
     would limit the effectiveness of bad faith negotiations over 
     single, shared systems to delay generic approval. At the same 
     time, clearer regulatory authority would ensure all systems 
     protect patient safety.

     SEC. 3203. ACTIONS FOR DELAYS OF GENERIC DRUGS AND BIOSIMILAR 
                   BIOLOGICAL PRODUCTS.

       (a) Definitions.--In this section--
       (1) the term ``covered product''--
       (A) means--
       (i) any drug approved under subsection (b) or (j) of 
     section 505 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355) or biological product licensed under subsection 
     (a) or (k) of section 351 of the Public Health Service Act 
     (42 U.S.C. 262);
       (ii) any combination of a drug or biological product 
     described in clause (i); or
       (iii) when reasonably necessary to demonstrate sameness, 
     biosimilarity, or interchangeability for purposes of section 
     505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355), or section 351 of the Public Health Service Act (42 
     U.S.C. 262), as applicable, any product, including any 
     device, that is marketed or intended for use with such drug 
     or biological product; and
       (B) does not include any drug or biological product that 
     the Secretary has determined to be currently in shortage and 
     that appears on the drug shortage list in effect under 
     section 506E of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 356e), unless the shortage will not be promptly 
     resolved--
       (i) as demonstrated by the fact that the drug or biological 
     product has been in shortage for more than 6 months; or
       (ii) as otherwise determined by the Secretary;
       (2) the term ``device'' has the meaning given the term in 
     section 201 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321);
       (3) the term ``eligible product developer'' means a person 
     that seeks to develop a product for approval pursuant to an 
     application for approval under subsection (b)(2) or (j) of 
     section 505 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355) or for licensing pursuant to an application under 
     section 351(k) of the Public Health Service Act (42 U.S.C. 
     262(k));
       (4) the term ``license holder'' means the holder of an 
     application approved under subsection (c) or (j) of section 
     505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355) or the holder of a license under subsection (a) or (k) 
     of section 351 of the Public Health Service Act (42 U.S.C. 
     262) for a covered product;
       (5) the term ``REMS'' means a risk evaluation and 
     mitigation strategy under section 505-1 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355-1);
       (6) the term ``REMS with ETASU'' means a REMS that contains 
     elements to assure safe use under section 505-1 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1);
       (7) the term ``Secretary'' means the Secretary of Health 
     and Human Services;
       (8) the term ``single, shared system of elements to assure 
     safe use'' means a single, shared system of elements to 
     assure safe use under section 505-1 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355-1); and
       (9) the term ``sufficient quantities'' means an amount of a 
     covered product that allows the eligible product developer 
     to--
       (A) conduct testing to support an application--
       (i) for approval under subsection (b)(2) or (j) of section 
     505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355); or
       (ii) for licensing under section 351(k) of the Public 
     Health Service Act (42 U.S.C. 262(k)); and
       (B) fulfill any regulatory requirements relating to such an 
     application for approval or licensing.
       (b) Civil Action for Failure to Provide Sufficient 
     Quantities of a Covered Product.--
       (1) In general.--An eligible product developer may bring a 
     civil action against the license holder for a covered product 
     seeking relief under this subsection in an appropriate 
     district court of the United States alleging that the license 
     holder has declined to provide sufficient quantities of the 
     covered product to the eligible product developer on 
     commercially reasonable, market-based terms.
       (2) Elements.--
       (A) In general.--To prevail in a civil action brought under 
     paragraph (1), an eligible product developer shall prove, by 
     a preponderance of the evidence--
       (i) that--

       (I) the covered product is not subject to a REMS with 
     ETASU; or
       (II) if the covered product is subject to a REMS with 
     ETASU--

       (aa) the eligible product developer has obtained a covered 
     product authorization from the Secretary in accordance with 
     subparagraph (B); and
       (bb) the eligible product developer has provided a copy of 
     the covered product authorization to the license holder;
       (ii) that, as of the date on which the civil action is 
     filed, the product developer has not obtained sufficient 
     quantities of the covered product on commercially reasonable, 
     market-based terms;
       (iii) that the eligible product developer has requested to 
     purchase sufficient quantities of the covered product from 
     the license holder; and
       (iv) that the license holder has not delivered to the 
     eligible product developer sufficient quantities of the 
     covered product on commercially reasonable, market-based 
     terms--

       (I) for a covered product that is not subject to a REMS 
     with ETASU, by the date that is 31 days after the date on 
     which the license holder received the request for the covered 
     product; and
       (II) for a covered product that is subject to a REMS with 
     ETASU, by 31 days after the later of--

       (aa) the date on which the license holder received the 
     request for the covered product; or
       (bb) the date on which the license holder received a copy 
     of the covered product authorization issued by the Secretary 
     in accordance with subparagraph (B).
       (B) Authorization for covered product subject to a rems 
     with etasu.--
       (i) Request.--An eligible product developer may submit to 
     the Secretary a written request for the eligible product 
     developer to be authorized to obtain sufficient quantities of 
     an individual covered product subject to a REMS with ETASU.
       (ii) Authorization.--Not later than 90 days after the date 
     on which a request under clause (i) is received, the 
     Secretary shall, by written notice, authorize the eligible 
     product developer to obtain sufficient quantities of an 
     individual covered product subject to a REMS with ETASU for 
     purposes of--

       (I) development and testing that does not involve human 
     clinical trials, if the eligible product developer has agreed 
     to comply with any conditions the Secretary determines 
     necessary; or
       (II) development and testing that involves human clinical 
     trials, if the eligible product developer has--

       (aa)(AA) submitted protocols, informed consent documents, 
     and informational materials for testing that include 
     protections that provide safety protections comparable to 
     those provided by the REMS for the covered product; or
       (BB) otherwise satisfied the Secretary that such 
     protections will be provided; and
       (bb) met any other requirements the Secretary may 
     establish.

[[Page 15721]]

       (iii) Notice.--A covered product authorization issued under 
     this subparagraph shall state that the provision of the 
     covered product by the license holder under the terms of the 
     authorization will not be a violation of the REMS for the 
     covered product.
       (3) Affirmative defense.--In a civil action brought under 
     paragraph (1), it shall be an affirmative defense, on which 
     the defendant has the burden of persuasion by a preponderance 
     of the evidence--
       (A) that, on the date on which the eligible product 
     developer requested to purchase sufficient quantities of the 
     covered product from the license holder--
       (i) neither the license holder nor any of its agents, 
     wholesalers, or distributors was engaged in the manufacturing 
     or commercial marketing of the covered product; and
       (ii) neither the license holder nor any of its agents, 
     wholesalers, or distributors otherwise had access to 
     inventory of the covered product to supply to the eligible 
     product developer on commercially reasonable, market-based 
     terms; or
       (B) that--
       (i) the license holder sells the covered product through 
     agents, distributors, or wholesalers;
       (ii) the license holder has placed no restrictions, 
     explicit or implicit, on its agents, distributors, or 
     wholesalers to sell covered products to eligible product 
     developers; and
       (iii) the covered product can be purchased by the eligible 
     product developer in sufficient quantities on commercially 
     reasonable, market-based terms from the agents, distributors, 
     or wholesalers of the license holder.
       (4) Remedies.--
       (A) In general.--If an eligible product developer prevails 
     in a civil action brought under paragraph (1), the court 
     shall--
       (i) order the license holder to provide to the eligible 
     product developer without delay sufficient quantities of the 
     covered product on commercially reasonable, market-based 
     terms;
       (ii) award to the eligible product developer reasonable 
     attorney fees and costs of the civil action; and
       (iii) award to the eligible product developer a monetary 
     amount sufficient to deter the license holder from failing to 
     provide other eligible product developers with sufficient 
     quantities of a covered product on commercially reasonable, 
     market-based terms, if the court finds, by a preponderance of 
     the evidence--

       (I) that the license holder delayed providing sufficient 
     quantities of the covered product to the eligible product 
     developer without a legitimate business justification; or
       (II) that the license holder failed to comply with an order 
     issued under clause (i).

       (B) Maximum monetary amount.--A monetary amount awarded 
     under subparagraph (A)(iii) shall not be greater than the 
     revenue that the license holder earned on the covered product 
     during the period--
       (i) beginning on--

       (I) for a covered product that is not subject to a REMS 
     with ETASU, the date that is 31 days after the date on which 
     the license holder received the request; or
       (II) for a covered product that is subject to a REMS with 
     ETASU, the date that is 31 days after the later of--

       (aa) the date on which the license holder received the 
     request; or
       (bb) the date on which the license holder received a copy 
     of the covered product authorization issued by the Secretary 
     in accordance with paragraph (2)(B); and
       (ii) ending on the date on which the eligible product 
     developer received sufficient quantities of the covered 
     product.
       (C) Avoidance of delay.--The court may issue an order under 
     subparagraph (A)(i) before conducting further proceedings 
     that may be necessary to determine whether the eligible 
     product developer is entitled to an award under clause (ii) 
     or (iii) of subparagraph (A), or the amount of any such 
     award.
       (c) Limitation of Liability.--A license holder for a 
     covered product shall not be liable for any claim arising out 
     of the failure of an eligible product developer to follow 
     adequate safeguards to assure safe use of the covered product 
     during development or testing activities described in this 
     section, including transportation, handling, use, or disposal 
     of the covered product by the eligible product developer.
       (d) Rule of Construction.--
       (1) Definition.--In this subsection, the term ``antitrust 
     laws''--
       (A) has the meaning given the term in subsection (a) of the 
     first section of the Clayton Act (15 U.S.C. 12); and
       (B) includes section 5 of the Federal Trade Commission Act 
     (15 U.S.C. 45) to the extent that such section applies to 
     unfair methods of competition.
       (2) Antitrust laws.--Nothing in this section shall be 
     construed to limit the operation of any provision of the 
     antitrust laws.

     SEC. 3204. REMS APPROVAL PROCESS FOR SUBSEQUENT FILERS.

       Section 505-1 of the Federal Food Drug and Cosmetic Act (21 
     U.S.C. 355-1) is amended--
       (1) in subsection (g)(4)(B)--
       (A) in clause (i) by striking ``or'' after the semicolon;
       (B) in clause (ii) by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(iii) accommodate different approved risk evaluation and 
     mitigation strategies for a reference drug product and a drug 
     that is the subject of an abbreviated new drug 
     application.''; and
       (2) in subsection (i)(1), by striking subparagraph (B) and 
     inserting the following:
       ``(B) Elements to assure safe use, if required under 
     subsection (f) for the listed drug.
       ``(i) Subject to clause (ii), a drug that is the subject of 
     an abbreviated new drug application may use--

       ``(I) a single, shared system with the listed drug under 
     subsection (f); or
       ``(II) a different, comparable aspect of the elements to 
     assure safe use under subsection (f).

       ``(ii) The Secretary may require a drug that is the subject 
     of an abbreviated new drug application and the listed drug to 
     use a single, shared system under subsection (f), if the 
     Secretary determines that no different, comparable aspect of 
     the elements to assure safe use could satisfy the 
     requirements of subsection (f).''.
                                 ______
                                 
  SA 5137. Mr. McCONNELL (for himself and Mr. Reid) proposed an 
amendment to the concurrent resolution H. Con. Res. 174, directing the 
Clerk of the House of Representatives to make a correction in the 
enrollment of H.R. 34; as follows:

       Beginning on page 1, line 7, strike ``following 
     correction:'' and all that follows and insert the following:
     ``following corrections:
       ``(1) Amend the long title so as to read: `An Act to 
     accelerate the discovery, development, and delivery of 21st 
     century cures, and for other purposes.'.
       ``(2) Amend the section heading for section 1001 so as to 
     read: `beau biden cancer moonshot and nih innovation 
     projects'.
       ``(3) Amend the table of contents in section 1 so that the 
     item relating to section 1001 reads as follows:

```1001. Beau Biden Cancer Moonshot and NIH innovation projects.'.''.

                          ____________________