Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Public Telecommunications
Infrastructure Act of 1994''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States Government has consistently
        encouraged the development and dissemination of public
        telecommunications services in broadcast and nonbroadcast
        technologies through, among other things, the Public
        Broadcasting Act of 1967, the Public Telecommunications
        Financing Act of 1978, and the Public Telecommunications Act of
        1992, wherein Congress found that ``it is in the public
        interest for the Federal Government to ensure that all citizens
        of the United States have access to public telecommunications
        services through all appropriate available telecommunications
        distribution technologies. . . ''.
            (2) The Government has a compelling interest in ensuring
        that all citizens of the United States have access to
        noncommercial governmental, educational, informational,
        cultural, civic, and charitable services through all
        appropriate telecommunications networks.
            (3) New telecommunications technologies will enhance the
        ability of schools, libraries, local governments, public
        broadcast institutions, and nonprofit organizations to deliver
        and receive noncommercial governmental, educational,
        informational, cultural, civic, and charitable services
        throughout the United States.
            (4) It is in the public interest that these entities be
        granted access to capacity on telecommunications networks for
        the purpose of disseminating and receiving noncommercial
        governmental, educational, informational, cultural, civic, and
        charitable services throughout the United States.
            (5) It is necessary and appropriate that these entities
        have access, without charge, to the capacity on
        telecommunications networks to enable the public to have
        affordable access to the governmental, educational,
        informational, cultural, civic, and charitable services
        provided by such entities.
            (6) Telecommunications services, including cable television
        programming, basic telephone service, and telecommunications
        services not yet available, are likely to become an
        increasingly pervasive presence in the lives of all Americans.
            (7) Most Americans are currently served by
        telecommunications networks that lack sufficiently open
        architecture, sufficient capacity, and adequate
        nondiscriminatory access terms necessary to provide open access
        to a diversity of voice, video, and data communications.
            (8) Private telecommunications carriers are likely to
        control access to telecommunications networks that lack
        sufficiently open architecture, sufficient capacity, and
        adequate nondiscriminatory access terms. Without narrowly
        tailored governmental intervention, the existence of these
        private ``gatekeepers'' is likely to restrict access to these
        networks.
            (9) Private telecommunications carriers respond to
        marketplace forces, and therefore are most likely to exclude
        those members of the public and institutions with the fewest
        financial resources, including but not limited to small town
        and rural residents, low income people, minorities, individuals
        with disabilities, the elderly, and noncommercial organizations
        such as schools, libraries, public broadcasters, and nonprofit
        community and civic organizations.
            (10) To facilitate widespread public discourse on a range
        of public concerns between and among all Americans, the
        Government has a compelling interest in providing broad access
        to telecommunications networks for a diversity of voices,
        viewpoints, and cultural perspectives, including access for
        members of the public whose voices are most likely to be
        excluded by private telecommunications carriers.
            (11) Assuring access to a diversity of voices, viewpoints,
        and cultural perspectives over telecommunications networks
        benefits all members of the public who use telecommunications
        networks to disseminate or receive information.
            (12) Government support and encouragement of a diversity of
        voices, viewpoints, and cultural perspectives over
        telecommunications networks furthers a compelling governmental
        interest in improving democratic self-governance, and improving
        and facilitating local government services and communication
        between citizens and elected and unelected public officials.
            (13) Telecommunications networks make substantial use of
        public rights-of-way in real property and in spectrum
        frequencies.
            (14) Because of the Government's compelling interest in
        ensuring broad and diverse access to telecommunications
        networks for the purposes of disseminating and receiving
        noncommercial educational and informational services, and in
        exchange for the use of public rights-of-way accorded
        telecommunications networks, it is appropriate for Congress
        (through the assertion of concurrent Federal jurisdiction over
        rights-of-way held or controlled by State or local governments)
        to require that owners and operators of telecommunications
        networks reserve capacity on such networks for public use.
            (15) The least restrictive means to ensure that those
        members of the public whose voices are most likely to be
        excluded from telecommunications networks can access those
        networks is to require those networks to reserve a portion of
        their capacity for that access.
            (16) It is in the public interest that reserved network
        capacity for public use be accompanied by funding to facilitate
        use of such capacity to provide noncommercial governmental,
        educational, informational, cultural, civic, and charitable
        services for the public.

SEC. 3. PUBLIC RIGHTS-OF-WAY.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by adding at the end the following new section:

``SEC. 714. PUBLIC RIGHTS-OF-WAY.

    ``(a) Definitions.--As used in this section:
            ``(1) The term `telecommunications network' means any group
        of facilities that has been granted the right to occupy any
        public right-of-way to transmit or carry telecommunications for
        the public, and provides the consumer or end user the
        opportunity to choose from a range of telecommunications that
        are available contemporaneously to the public. A terrestrial
        radio or television broadcast station licensed pursuant to
        Title III shall not be considered a telecommunications network
        by reason of its use of its assigned spectrum.
            ``(2) The term `public right-of-way' means any right-of-
        way, including use of the electromagnetic spectrum, that is
        held or otherwise controlled by Federal, State, or local
        governments on behalf of the public, and is used in the
        transmission or carriage of telecommunications.
            ``(3) The term `telecommunications' means communications of
        any form transmitted or carried by any means, including analog
        or digital electromagnetic signals.
    ``(b) Requirement for Reserved Capacity.--Within 365 days after the
date of enactment of this section, the Commission shall promulgate
regulations to require owners and operators of telecommunications
networks to reserve, for public uses, capacity on such networks for use
free-of-charge by eligible entities. The reserved capacity shall be
considered public property subject to disposition pursuant to
regulations promulgated by the Commission, and the owner or operator of
any affected telecommunications network shall have no control over, and
no liability for, the communications content of such capacity.
    ``(c) Reservation of Capacity.--
            ``(1) Amount of capacity to be reserved.--The Commission
        shall presume that a reservation under this section of 20
        percent of the capacity of a telecommunications network is
        appropriate, but may require a reservation of a lower amount or
        an amount to be phased-in not exceeding 20 percent, upon
        consideration of the type of technology used by the network,
        barriers to accessing the network, and such other factors as
        the Commission considers appropriate. Telecommunications
        networks shall not be required to reserve public capacity in
        excess of that required under this paragraph.
            ``(2) Temporary reductions.--If the Commission determines
        that any portion of the amount of public capacity that a
        telecommunications network is required to reserve under this
        section will go unused, the Commission may temporarily reduce
        the reserved amount by such unused portion. During the period
        when the reserved public capacity of a telecommunications
        network is temporarily reduced, an eligible entity described in
        subsection (d) may request use of any of the portion by which
        such reserved capacity was reduced and the Commission shall,
        within 30 days after the request, provide sufficient capacity
        to meet the request.
            ``(3) Quality.--The quality of telecommunications capacity
        reserved for public uses under this section shall be equivalent
        to the best quality of available capacity of the affected
        telecommunications network in all respects, including
        accessibility, channel positioning, interconnection access
        rights, network capabilities, and such other factors as the
        Commission considers appropriate.
            ``(4) Reduction or elimination of obligations.--The
        Commission may reduce or eliminate obligations upon a
        telecommunications network imposed under this subsection, if
        the Commission determines on the record after notice and
        opportunity for comment, that, throughout its entire service
        area, such network has clearly sufficient open architecture,
        capacity, and nondiscriminatory access terms to ensure that
        economic and technological barriers to access by eligible
        entities describe in subsection (d) are eliminated.
            ``(5) Effect on franchise fee collection.--Nothing in this
        section is intended to affect the power of any franchising
        authority to collect a franchise fee authorized under section
        622.
    ``(d) Allocation of Capacity.--
            ``(1) Eligible entities.--The following entities are the
        entities eligible for access to the public capacity reserved
        under this section:
                    ``(A) State, local, and tribal governments and
                their agencies.
                    ``(B) Accredited educational institutions open to
                enrollment by the public.
                    ``(C) Public telecommunications entities.
                    ``(D) Public and nonprofit libraries.
                    ``(E) Nonprofit organizations described under
                section 501(c)(3) of the Internal Revenue Code of 1986
                that are formed for the purpose of providing
                nondiscriminatory public access to noncommercial
                educational, informational, cultural, civic, or
                charitable services.
            ``(2) Terms and conditions of access.--Such eligible
        entities shall have access to such public capacity at no charge
        (for installation or service) if using such capacity only for
        the provision of educational, informational, cultural, civic,
        or charitable services directly to the public without charge
        for such services. Telecommunications capacity allocated
        pursuant to this section shall not be sold, resold, or
        otherwise transferred in consideration for money or any other
        thing of value.
            ``(3) Allocation.--The Commission shall determine
        appropriate mechanisms and guidelines for allocating such
        public capacity. In so doing, the Commission shall establish
        block allocations to State, local, or tribal governments for
        redistribution among eligible entities pursuant to
        telecommunications plans submitted by State, local, or tribal
        governments, and ensure that the intent of Congress, as
        expressed in section 396(a), is served.
            ``(4) Transition.--The Commission, as telecommunications
        network capacity expands, shall provide for a transition within
        a reasonable period of time from requirements under sections
        335, 611, and 615 to requirements under this section.
    ``(e) Public Telecommunications Infrastructure Fund.--
            ``(1) Establishment.--Within 365 days after the date of
        enactment of this section, the Commission shall promulgate
        regulations to establish a Public Telecommunications
        Infrastructure Fund to provide eligible entities described in
        subsection (d) with economic support to use the capacity
        reserved on telecommunications networks under this section to
        provide noncommercial governmental, educational, informational,
        cultural, civil, and charitable services for the public. Such
        regulations shall provide a mechanism for financing the Public
        Telecommunications Infrastructure Fund by means of--
                    ``(A) contributions, on a competitively neutral
                basis, by owners and operators of telecommunications
                networks (including those regulated under titles II,
                III and VI, except that nothing in this subsection may
                be construed as affecting the power of any franchising
                authority to collect a franchise fee authorized under
                section 622);
                    ``(B) contributions from a designated portion of
                any universal service fund, as may be established under
                this Act;
                    ``(C) contributions from such other sources as the
                Commission may determine to be sufficient and
                appropriate for such purposes; or
                    ``(D) any combination of the contributions
                described in subparagraphs (A), (B), and (C).
            ``(2) Content of regulations.--The regulations promulgated
        under this subsection shall--
                    ``(A) provide that contributions to the Public
                Telecommunications Infrastructure Fund shall begin no
                later than 365 days after promulgation of the
                regulations;
                    ``(B) determine appropriate mechanisms and
                guidelines for allocating the funds collected pursuant
                to this subsection to such State, local, or tribal
                governments as the Commission considers appropriate;
                    ``(C) establish guidelines for the distribution of
                such funds by State, local, or tribal governments to
                provide eligible entities described in subsection (d)
                with sufficient economic support to use the network
                capacity reserved under this section to provide
                noncommercial governmental, educational, informational,
                cultural, civic, and charitable services for the
                public; and
                    ``(D) require that each State, local, or tribal
                government authorized to distribute funds pursuant to
                subparagraph (C) establish a public advisory commission
                that--
                            ``(i) shall be composed of members
                        representing the interests of eligible entities
                        described in subsection (d); and
                            ``(ii) shall ensure that the funds are
                        distributed to a broad cross section of
                        eligible entities in accordance with the
                        guidelines established pursuant to subparagraph
                        (C).''.

Output:
National Public Telecommunications Infrastructure Act of 1994 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to require owners and operators of telecommunications networks to reserve, for public uses, capacity on such networks for use free-of-charge by eligible entities.  Considers the reserved capacity as public property subject to disposition. Provides that the owner or operator of any affected telecommunication network shall not have control over, or liability for, the communications content of such capacity.
Prohibits telecommunications networks from being required to reserve in excess of 20 percent of their capacity for public use. Allows the FCC to temporarily reduce such required reserved capacity by the unused portion.
Requires the quality of telecommunications capacity reserved for public uses to be equivalent to the best quality of available capacity of the affected telecommunications network.
Authorizes the FCC to reduce or eliminate such imposed obligations upon a telecommunications network that ensures that economic and technological barriers to access by eligible entities are eliminated.
Includes as eligible entities:  (1) State, local, and tribal governments and their agencies; (2) accredited educational institutions open to enrollment by the public; (3) public telecommunications entities; (4) public and nonprofit libraries; and (5) nonprofit organizations that are formed to provide nondiscriminatory public access to noncommercial educational, informational, cultural, civic, or charitable services.
Specifies the terms and conditions of such access.
Directs the FCC to establish a Public Telecommunications Infrastruture Fund to provide eligible entities with economic support to use the capacity reserved on telecommunications networks to provide noncommercial governmental, educational, informational, cultural, civil, and charitable services for the public.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making Every Representative's
Integrity Transparent Act of 2014'' or the ``MERIT Act''.

SEC. 2. PROHIBITING CAMPAIGN COMMITTEES FROM EMPLOYING RELATIVES OF
              CANDIDATES.

    (a) Prohibition.--Section 302 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 432) is amended by adding at the end the following
new subsection:
    ``(j) Restrictions on Dealings With Relatives of Candidates.--
            ``(1) Prohibiting employment.--
                    ``(A) Authorized committees.--An authorized
                committee of a candidate may not employ in a paid
                position any individual who is a relative of the
                candidate.
                    ``(B) Leadership pacs.--A leadership PAC (as
                defined in section 304(i)(8)(B)) may not employ in a
                paid position any individual who is a relative of the
                candidate or individual holding Federal office who
                establishes, finances, maintains, or controls the
                leadership PAC.
            ``(2) Relative defined.--In this subsection, the term
        `relative' means, with respect to a candidate or individual
        holding Federal office, an aunt, brother, brother-in-law,
        daughter, daughter-in-law, father, father-in-law, first cousin,
        grandson, granddaughter, half-brother, half-sister, husband,
        mother, mother-in-law, nephew, niece, sister, sister-in-law,
        son, son-in-law, stepbrother, stepdaughter, stepfather,
        stepmother, stepsister, stepson, uncle, or wife.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.

SEC. 3. LIMIT ON INTEREST RATE PAID BY CAMPAIGN COMMITTEES ON LOANS
              MADE BY CANDIDATES.

    (a) Limit on Interest Rate.--Section 302 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432), as amended by section 2, is
further amended by adding at the end the following new subsection:
    ``(k) Limit on Interest Rate Paid on Loans Made by Candidates.--
            ``(1) Limit.--If an authorized committee of a candidate
        accepts a loan from the candidate, the committee may not pay
        interest on the loan at an annual rate higher than the prime
        rate as of the date the loan is agreed to plus 2 percentage
        points.
            ``(2) Prime rate defined.--In this subsection, the term
        `prime rate' means the bank prime loan rate published in the
        Federal Reserve Statistical Release on selected interest rates
        (daily or weekly), and commonly referred to as the H.15 release
        (or any successor publication).''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to loans made on or after the date of the enactment
of this Act.

SEC. 4. ENHANCED DISCLOSURE OF CERTAIN INFORMATION BY CAMPAIGN
              COMMITTEES.

    (a) Loans Made by Candidates.--Section 304(b)(3)(E) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(b)(3)(E)) is amended by
striking ``and the date and amount or value of such loan;'' and
inserting the following: ``the date and amount or value of such loan,
and in the case of a loan made to an authorized committee which is made
by or guaranteed by the candidate, the terms and conditions of the
loan, including the aggregate amount of the loan, the annualized
interest rate (and, if the interest rate is variable, a description of
how the rate may vary), the terms and conditions (if any) under which
the interest rate may be changed from fixed to variable or from
variable to fixed, the repayment schedule, the duration of the loan,
any fees and penalties which may be assessed on the borrower, and the
requirements (if any) for loan forgiveness or deferment;''.
    (b) Payments to Relatives of Candidates.--
            (1) Payments for operating expenses.--Section 304(b)(5)(A)
        of such Act (2 U.S.C. 434(b)(5)(A)) is amended by striking the
        semicolon at the end and inserting the following: ``, and, if
        the person to whom the expenditure is made is a relative of the
        candidate (as defined in section 302(j)(2)) or is a business
        organization with respect to which a relative of the candidate
        (as so defined) serves as an officer or director, the name and
        address of the relative and the type of relative involved;''.
            (2) Other disbursements.--Section 304(b)(6)(A) of such Act
        (2 U.S.C. 434(b)(6)(A)) is amended by striking the semicolon at
        the end and inserting the following: ``, and, if the person who
        received the disbursement is a relative of the candidate (as
        defined in section 302(j)(2)) or is a business organization
        with respect to which a relative of the candidate (as so
        defined) serves as an officer or director, the name and address
        of the relative and the type of relative involved;''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to reports filed under section 304 of the Federal
Election Campaign Act of 1971 after the date of the enactment of this
Act.

SEC. 5. CLARIFICATION OF RULES APPLICABLE TO USES OF CONTRIBUTIONS
              ACCEPTED BY POLITICAL COMMITTEES.

    (a) Prohibiting Conversion to Personal Use.--Section 313(b)(2) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(b)(2)) is
amended by striking ``the candidate's election campaign or individual's
duties as a holder of Federal office,'' and inserting the following:
``the candidate's election campaign, the individual's duties as a
holder of Federal office, or the political committee's political
activities (as the case may be),''.
    (b) Clarification That Contributions May Be Used for Authorized
Expenditures in Connection With Political Activities and for Other
Lawful Purposes.--
            (1) In general.--Section 313(a) of such Act (2 U.S.C.
        439a(a)) is amended--
                    (A) in the matter preceding paragraph (1), by
                striking ``accepted by a candidate'' and inserting
                ``accepted by a candidate or a political committee'';
                    (B) in the matter preceding paragraph (1), by
                striking ``used by the candidate or individual'' and
                inserting ``used by the candidate, individual, or
                political committee''; and
                    (C) in paragraph (1), by striking the semicolon at
                the end and inserting the following: ``, or, in the
                case of a political committee, in connection with the
                committee's political activities;''.
            (2) Conforming amendments.--Section 313(a) of such Act (2
        U.S.C. 439a(a)) is amended--
                    (A) in paragraph (2), by striking ``for ordinary
                and necessary expenses'' and inserting ``in the case of
                a candidate or individual, for ordinary and necessary
                expenses'';
                    (B) in paragraph (3), by striking ``for
                contributions'' and inserting ``in the case of a
                candidate or individual, for contributions'';
                    (C) in paragraph (4), by striking ``for transfers''
                and inserting ``in the case of a candidate or
                individual, for transfers''; and
                    (D) in paragraph (5), by striking ``for donations''
                and inserting ``in the case of a candidate or
                individual, for donations''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after December 2014.

SEC. 6. REQUIRING LOBBYISTS TO IDENTIFY RELATIVES WHO ARE COVERED
              OFFICIALS AND DISCLOSE LOBBYING CONTACTS WITH RELATIVES.

    (a) Identification of Relatives Who Are Covered Officials in
Registration Statements.--
            (1) In general.--Section 4(b)(6) of the Lobbying Disclosure
        Act of 1995 (2 U.S.C. 1603(b)(6)) is amended to read as
        follows:
            ``(6) for each employee of the registrant who has acted or
        whom the registrant expects to act as a lobbyist on behalf of
        the client--
                    ``(A) the name of the employee;
                    ``(B) the position in which the employee served if
                such employee has served as a covered executive branch
                official or a covered legislative branch official in
                the 20 years before the date on which the employee
                first acted as a lobbyist on behalf of the client; and
                    ``(C) the name of each relative of the employee who
                serves currently or who served previously as a covered
                executive branch official or a covered legislative
                branch official and, in the case of an official who is
                or was a Member of Congress, the Congressional Bioguide
                Identifier assigned to the Member by the Clerk of the
                House of Representatives or the Secretary of the
                Senate, as the case may be.''.
            (2) Updates to registration for lobbyists who become
        relatives of covered officials after registration.--Section 4
        of such Act (2 U.S.C. 1603) is amended by adding at the end the
        following new subsection:
    ``(e) Updates to Registration for Employees Who Become Relatives of
Covered Officials.--If, after a registrant registers under this
section, an employee of the registrant who is identified in the
registration under subsection (b)(6) becomes the relative of a covered
legislative branch official or a covered executive branch official, the
registrant shall update the registration to include the information
described in subparagraph (B) of such subsection with respect to the
employee and the official not later than 90 days after the employee
becomes the relative of the official.''.
            (3) Effective date; transition rule for current
        registrants.--
                    (A) Effective date.--The amendments made by this
                subsection shall apply with respect to registrations
                made under section 4 of the Lobbying Disclosure Act of
                1995 after the date of the enactment of this Act.
                    (B) Transition rule.--A registrant who registered
                under section 4 of the Lobbying Disclosure Act of 1995
                prior to the date of the enactment of this Act shall
                include the information described in section 4(b)(6)(C)
                of such Act (as added by paragraph (1)) in the next
                quarterly report on lobbying activities which the
                registrant files under section 5(a) of such Act after
                the date of the enactment of this Act.
    (b) Inclusion of Lobbying Contacts With Relatives in Quarterly
Reports on Lobbying Activities.--
            (1) In general.--Section 5(b)(2) of such Act (2 U.S.C.
        1604(b)(2)) is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (C);
                    (B) by striking the semicolon at the end of
                subparagraph (D) and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(E) if, on behalf of the client, any lobbyist
                employed by the registrant contacted a relative who is
                a covered legislative branch official or covered
                executive branch official, a statement identifying the
                lobbyist, the official (and, if the official is a
                Member of Congress, the Congressional Bioguide
                Identifier assigned to the Member by the Clerk of the
                House of Representatives or the Secretary of the
                Senate, as the case may be), the subject matter of the
                contact, and the type of relative involved;''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply with respect to reports filed under section 5 of
        the Lobbying Disclosure Act of 1995 with respect to quarterly
        periods which begin on or after the date of the enactment of
        this Act.
    (c) Relative Defined.--Section 3 of such Act (2 U.S.C. 1602) is
amended--
            (1) by redesignating paragraph (16) as paragraph (17); and
            (2) by inserting after paragraph (15) the following new
        paragraph:
            ``(16) Relative.--The term `relative' means, with respect
        to a lobbyist or employee of a registrant, an aunt, brother,
        brother-in-law, daughter, daughter-in-law, father, father-in-
        law, first cousin, grandson, granddaughter, half-brother, half-
        sister, husband, mother, mother-in-law, nephew, niece, sister,
        sister-in-law, son, son-in-law, stepbrother, stepdaughter,
        stepfather, stepmother, stepsister, stepson, uncle, or wife.''.

Output: Making Every Representative's Integrity Transparent Act of 2014 or the MERIT Act - Amends the Federal Election Campaign Act of 1971 to prohibit a candidate's authorized committee from employing any of the candidate's relatives in a paid position. Prohibits a leadership political action committee (PAC) from employing in a paid position any relative of the candidate or any individual holding federal office who establishes, finances, maintains, or controls the leadership PAC. Limits the interest rate an authorized committee may pay on a loan accepted from the candidate to an annual rate no higher than the prime rate plus 2%. Revises political committee disclosure requirements about:  loans made by candidates, expenditures to relatives of candidates for operating expenses, and  disbursements received by a candidate's relative or a business organization one of whose officers or dicrectors is a relative of the candidate.   Applies the prohibition against the conversion to personal use of contributions accepted by candidates also to contributions accepted by political committees. Allows the use of contributions accepted by political committees for authorized expenditures in connection with political activities. Amends the Lobbying Disclosure Act of 1995 to: (1) require lobbying registrations to contain, for each employee of the registrant who has acted or who the registrant expects to act as a lobbyist on behalf of the client, the name of each relative of the employee who serves currently or who has served previously as a covered executive or legislative branch official, including the Congressional Bioguide Identifier of any covered official who is or was a Member of Congress; (2) require updates to registrations for employees who become relatives of covered officials, and (3) include lobbying contacts with relatives who are covered officials in quarterly reports on lobbying activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Pension
Liability Funding Reform Act of 1996''.

  TITLE I--FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA PENSION FUNDS

SEC. 101. INCREASE IN AND EXTENSION OF FEDERAL CONTRIBUTION.

    (a) In General.--Section 144(a) of the District of Columbia
Retirement Reform Act (sec. 1-724(a), D.C. Code) is amended--
            (1) in the matter preceding paragraph (1), by striking
        ``2004--'' and inserting ``2036 the following amounts:'';
            (2) in paragraph (1)--
                    (A) by striking ``as'' and inserting ``As'', and
                    (B) by striking ``Fund, the sum'' and all that
                follows and inserting the following: ``Fund--
                    ``(A) for each fiscal year through fiscal year
                1996, the sum of $34,170,000, reduced by the amount of
                any reduction required under section 145(c); and
                    ``(B) for fiscal year 1997 and each subsequent
                fiscal year, the sum of $193,579,000, reduced by the
                amount of any such reduction.'';
            (3) in paragraph (2)--
                    (A) by striking ``as'' and inserting ``As'', and
                    (B) by striking ``Fund, the sum'' and all that
                follows and inserting the following: ``Fund--
                    ``(A) for each fiscal year through fiscal year
                1996, the sum of $17,680,000; and
                    ``(B) for fiscal year 1997 and each subsequent
                fiscal year, the sum of $100,152,500.''; and
            (4) in paragraph (3)--
                    (A) by striking ``as'' and inserting ``As'', and
                    (B) by striking ``Fund, the sum'' and all that
                follows and inserting the following: ``Fund--
                    ``(A) for each fiscal year through fiscal year
                1996, the sum of $220,000; and
                    ``(B) for fiscal year 1997 and each subsequent
                fiscal year, the sum of $1,268,500.''.
    (b) Conforming Amendments.--The District of Columbia Retirement
Reform Act is amended--
            (1) in section 142(b)(1) (sec. 1-722(b)(1), D.C. Code), by
        striking ``2004'' each place it appears in subparagraphs (A)
        and (D) and inserting ``2036'';
            (2) in section 142(b)(2) (sec. 1-722(b)(2), D.C. Code), by
        striking ``2005'' and inserting ``2037'';
            (3) in section 142(c)(1)(A) (sec. 1-722(c)(1)(A), D.C.
        Code), by striking ``2003'' and inserting ``2035'';
            (4) in section 144(e) (sec.1-724, D.C. Code)--
                    (A) by striking ``2004'' in paragraph (1) and
                inserting ``2036'', and
                    (B) by striking paragraph (2);
            (5) in section 145 (sec. 1-725, D.C. Code), by striking
        ``2004'' each place it appears in subsections (a)(1) and (c)(1)
        and inserting ``2036''; and
            (6) in section 162(d) (sec. 1-732(d)(1), D.C. Code), by
        striking paragraph (5).

                TITLE II--CHANGES IN RETIREMENT BENEFITS

      Subtitle A--Police Officers' and Fire Fighters' Contribution

SEC. 201. INCREASE IN CONTRIBUTION.

    The first sentence of subsection (d)(1) of the Policemen and
Firemen's Retirement and Disability Act (sec. 4-612(a), D.C. Code) is
amended by inserting after ``per centum'' the following: ``(or, with
respect to a member who is an officer or member of the Metropolitan
Police force or the Fire Department of the District of Columbia, 8 per
centum for each pay period which begins on or after October 1, 1996)''.

SEC. 202. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.

    Subsection (m) of the Policemen and Firemen's Retirement and
Disability Act (sec. 4-624, D.C. Code) is amended--
            (1) in paragraph (2), by striking ``the Mayor shall'' and
        all that follows and inserting the following: ``on January 1 of
        each year (or within a reasonable time thereafter), the Mayor
        shall determine the per centum change in the price index for
        the preceding year by determining the difference between the
        index published for December of the preceding year and the
        index published for December of the second preceding year.'';
        and
            (2) by amending paragraph (3) to read as follows:
    ``(3) If (in accordance with paragraph (2)) the Mayor determines in
a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before September 1 of the year
shall, effective September 1 of the year, be increased by an amount
equal to--
            ``(A) in the case of an annuity having a commencing date on
        or before September 1 of such preceding year, the per centum
        change computed under paragraph (2), adjusted to the nearest
        \1/10\ of 1 per centum; or
            ``(B) in the case of an annuity having a commencing date
        after September 1 of such preceding year, a pro rata increase
        equal to the product of--
                    ``(i) \1/12\ of the per centum change computed
                under paragraph (2), multiplied by
                    ``(ii) the number of months (not to exceed 12
                months, counting any portion of a month as an entire
                month) for which the annuity was payable before the
                effective date of the increase,
                                                adjusted to the nearest
                        \1/10\ of 1 per centum.''.

SEC. 203. EQUALIZATION OF CONTRIBUTION RULES FOR FORMER RETIREES.

    (a) In General.--Section 209(a)(2)(B) of the District of Columbia
Retirement Reform Act (sec. 4-625(2), D.C. Code) is amended by striking
``having a commencing date after the effective date of such
amendment.''.
    (b) Repeal of Relief Allowance or Compensation Increase.--Section
301 of the District of Columbia Police and Firemen's Salary Act of 1953
(sec. 4-605, D.C. Code) is repealed.

                   Subtitle B--Teachers' Contribution

SEC. 211. INCREASE IN CONTRIBUTION.

    The first sentence of section 1 of the Act entitled ``An Act for
the retirement of public-school teachers in the District of Columbia'',
approved August 7, 1946 (sec. 31-1221(a), D.C. Code), is amended by
inserting after ``per centum'' the following: ``(or, with respect to
each pay period which begins on or after October 1, 1996, 8 per
centum)''.

SEC. 212. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.

    Section 21(b) of the Act entitled ``An Act for the retirement of
public-school teachers in the District of Columbia'', approved August
7, 1946 (sec. 31-1241(b), D.C. Code) is amended--
            (1) in paragraph (1), by striking ``The Mayor shall--'' and
        all that follows and inserting the following: ``On January 1 of
        each year (or within a reasonable time thereafter), the Mayor
        shall determine the per centum change in the price index for
        the preceding year by determining the difference between the
        index published for December of the preceding year and the
        index published for December of the second preceding year.'';
        and
            (2) by amending paragraph (2) to read as follows:
    ``(2) If (in accordance with paragraph (1)) the Mayor determines in
a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before September 1 of the year
shall, effective September 1 of the year, be increased by an amount
equal to--
            ``(A) in the case of an annuity having a commencing date on
        or before September 1 of such preceding year, the per centum
        change computed under paragraph (1), adjusted to the nearest
        \1/10\ of 1 per centum; or
            ``(B) in the case of an annuity having a commencing date
        after September 1 of such preceding year, a pro rata increase
        equal to the product of--
                    ``(i) \1/12\ of the per centum change computed
                under paragraph (1), multiplied by
                    ``(ii) the number of months (not to exceed 12
                months, counting any portion of a month as an entire
                month) for which the annuity was payable before the
                effective date of the increase, adjusted to the nearest
                \1/10\ of 1 per centum.''.

                    Subtitle C--Judges' Contribution

SEC. 221. INCREASE IN CONTRIBUTION.

    (a) Amount of Withholding.--The first sentence of section 11-
1563(a), D.C. Code, is amended by inserting after ``per centum'' the
following: ``(or, with respect to each pay period which begins on or
after October 1, 1996, 4\1/2\ per centum)''.
    (b) Computation of Retirement Salary.--Section 11-1564(d)(1), D.C.
Code, is amended by inserting after ``United States Code,'' the
following: ``with respect to services performed before October 1, 1996,
and equal to 4\1/2\ per centum of such salary, pay, or compensation
with respect to services performed on or after October 1, 1996,''.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

    The amendments made by this Act shall take effect October 1, 1996.

Output:
TABLE OF CONTENTS:
     Title I:  Federal Contribution to District of Columbia
          Pension Funds
     Title II:  Changes in Retirement Benefits
          Subtitle A:  Police Officers' and Fire Fighters'
               Contribution
     Title III:  Effective Date
          Subtitle B:  Teachers' Contribution
          Subtitle C:  Judges' Contribution
District of Columbia Pension Liability Funding Reform Act of1996 - Title I:  Federal Contribution to District of Columbia Pension Funds - Amends the District of Columbia Retirement Reform Act to increase and extend through FY 2036 the Federal contributions to the District of Columbia Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds.
Title II:  Changes in Retirement Benefits - Subtitle A:  Police Officers' and Fire Fighters' Contribution
 - Amends the Policemen and Firemen's Retirement and Disability Act to increase retirement contributions withheld from the basic salary of members or officers of the Metropolitan Police force or the Fire Department of the District of Columbia.
Provides for annual (currently, biannual) cost-of-living adjustments of retirement annuities for such individuals.
Repeals provisions of the District of Columbia Police and Firemen's Salary Act of 1953 regarding pension relief allowances or retirement compensation increases for certain individuals.
Subtitle B:  Teachers' Contribution
 - Increases retirement contributions withheld from the basic salary of District of Columbia public school teachers.
Provides for annual (currently, biannual) cost-of-living adjustments for such individuals.
Subtitle C:  Judges' Contribution
 - Increases retirement contributions withheld from the basic salary of District of Columbia judges.
Title III:  Effective Date
 - Makes this Act effective on October 1, 1996.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Malpractice Relief Act of
2004''.

SEC. 2. CREDIT FOR QUALIFIED EXPENDITURES FOR MEDICAL PROFESSIONAL
              MALPRACTICE INSURANCE.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business tax credits)
is amended by adding at the end the following:

``SEC. 45G. CREDIT FOR EXPENDITURES FOR MEDICAL PROFESSIONAL
              MALPRACTICE INSURANCE.

    ``(a) General Rule.--For purposes of section 38, in the case of an
eligible person, the medical malpractice insurance expenditure tax
credit determined under this section for a taxable year is the amount
equal to the applicable percentage of qualified medical malpractice
insurance expenditures.
    ``(b) Limitation.--
            ``(1) In general.--The amount of qualified medical
        malpractice insurance expenditures taken into account under
        subsection (a) for a taxable year with respect to an eligible
        person shall not exceed the amount equal to twice the average
        of costs of qualified medical malpractice insurance for
        similarly situated eligible persons.
            ``(2) Average costs.--For purposes of paragraph (1), the
        Secretary of Health and Human Services, after consultation with
        State boards of medical licensure and State boards (or
        agencies) regulating insurance, shall--
                    ``(A) determine average costs (rounded to the
                nearest whole dollar) of providing or furnishing
                general medical malpractice liability insurance to
                eligible persons, and
                    ``(B) certify the amount of such costs to the
                Secretary on or before the 15th day of November of each
                year.
    ``(c) Definitions and Special Rule.--For purposes of this section--
            ``(1) Qualified medical malpractice insurance
        expenditure.--
                    ``(A) In general.--The term `qualified medical
                malpractice insurance expenditure' means so much of any
                professional insurance premium, surcharge, payment, or
                other cost or expense which is paid or incurred in the
                taxable year by an eligible person for the sole purpose
                of providing or furnishing general medical malpractice
                liability insurance for such eligible person.
            ``(2) Eligible person.--The term `eligible person' means--
                    ``(A) any physician (as defined in section
                213(d)(4)) who practices in any surgical specialty or
                subspecialty, emergency medicine, obstetrics,
                anesthesiology or who does intervention work which is
                reflected in medical malpractice insurance
                expenditures,
                    ``(B) any physician (as so defined) who practices
                in general medicine, allergy, dermatology, pathology,
                or any other specialty not otherwise described in this
                section, and
                    ``(C) any hospital, clinic, or long-term care
                provider,
        which meets applicable legal requirements to provide the health
        care services involved.
            ``(3) Applicable percentage.--The applicable percentage
        is--
                    ``(A) 20 percent in the case of a person described
                in paragraph (2)(A),
                    ``(B) 10 percent in the case of a person described
                in paragraph (2)(B), and
                    ``(C) 15 percent in the case of a person described
                in paragraph (2)(C).
            ``(4) Similarly situated.--The determination of whether
        persons are similarly situated shall be made on the basis of
        medical practices primarily located within a statistical area
        (as defined in section 142(k)(2)) and shall differentiate
        between specialty and subspecialty medical practices.
    ``(d) Election not to Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.
    ``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2005.''.
    (b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by adding at
the end the following new paragraph:
            ``(16) the medical malpractice insurance expenditure tax
        credit determined under section 45G(a).''.
    (c) Limitation on Carryback.--Section 39(d) of such Code (relating
to transition rules) is amended by adding at the end the following new
paragraph:
            ``(11) No carryback of medical malpractice insurance
        expenditure tax credit before effective date.--No portion of
        the unused business credit for any taxable year which is
        attributable to the credit determined under section 45G may be
        carried back to any taxable year beginning before January 1,
        2004.''.
    (d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
    ``(d) Credit for Medical Malpractice Liability Insurance
Premiums.--
            ``(1) In general.--No deduction shall be allowed for that
        portion of the qualified medical malpractice insurance
        expenditures otherwise allowable as a deduction for the taxable
        year which is equal to the amount of the credit allowable for
        the taxable year under section 45G (determined without regard
        to section 38(c)).
            ``(2) Controlled groups.--In the case of a corporation
        which is a member of a controlled group of corporations (within
        the meaning of section 41(f)(5)) or a trade or business which
        is treated as being under common control with other trades or
        business (within the meaning of section 41(f)(1)(B)), this
        subsection shall be applied under rules prescribed by the
        Secretary similar to the rules applicable under subparagraphs
        (A) and (B) of section 41(f)(1).''.
    (e) Grants to Non-Profit Hospitals, Clinics, and Long-Term Care
Providers.--
            (1) In general.--The Secretary of Health and Human
        Services, acting through the Administrator of the Health
        Resources and Services Administration, shall award grants to
        eligible non-profit hospitals, clinics, and long-term care
        providers to assist such hospitals, clinics, and long-term care
        providers in defraying qualified medical malpractice insurance
        expenditures.
            (2) Eligible non-profit hospital, clinic, or long-term care
        provider.--To be eligible to receive a grant under paragraph
        (1) an entity shall--
                    (A) be a non-profit hospital, clinic, or long-term
                care provider;
                    (B) be an organization described in section 501(c)
                of the Internal Revenue Code of 1986 and exempt from
                tax under section 501(a) of such Code for the year for
                which an application is submitted under subparagraph
                (C); and
                    (C) prepare and submit to the Secretary of Health
                and Human Services an application at such time, in such
                manner, and containing such information as the
                Secretary may require.
            (3) Amount of grant.--The amount of a grant to a non-profit
        hospital, clinic, or long-term care provider under paragraph
        (1) shall equal 15 percent of the amount of the qualified
        medical malpractice insurance expenditures of the hospital,
        clinic, or long-term care provider for the year involved.
            (4) Qualified medical malpractice insurance expenditure.--
        In this subsection, the term ``qualified medical malpractice
        insurance expenditure'' means so much of any professional
        insurance premium, surcharge, payment or other cost or expense
        which is incurred by a non-profit hospital, clinic, or long-
        term care provider in a year for the sole purpose of providing
        or furnishing general medical malpractice liability insurance
        for such hospital, clinic, or long-term care provider as does
        not exceed twice the average of such costs for similarly
        situated hospitals, clinics, or long-term care provider homes.
            (5) Authorization of appropriations.--There are authorized
        to be appropriated to carry out this subsection such sums as
        may be necessary for each of fiscal years 2005 and 2006.
    (f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45G. Credit for expenditures for medical professional
                            malpractice insurance.''.
    (g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

Output:
Medical Malpractice Relief Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for taxable years beginning in 2004 or 2005 for expenditures for medical professional malpractice insurance. Allows a credit for: (1) 20 percent of the malpractice insurance expenditures of a physician who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, or anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures; (2) ten percent of such expenditures of a physician who practices in general medicine, allergy, dermatology, pathology, or other specialty; and (3) 15 percent of such expenditures of any hospital, clinic, or long-term care provider. Limits the amount of expenditures that may be taken into account to twice the average of costs of medical malpractice insurance for similarly situated health care providers, as determined by the Secretary of Health and Human Services.

Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to make grants to certain non-profit hospitals, clinics, and long-term care providers to assist such entities in defraying their medical malpractice insurance expenditures. Limits the amount of such grants to 15 percent of the medical malpractice insurance expenditures incurred by such entities in any year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Technology
Improvement Act of 2004''.

SEC. 2. HOMELAND SECURITY TECHNOLOGY TRANSFER PROGRAM.

    (a) In General.--Section 313 of the Homeland Security Act of 2002
(6 U.S.C. 193) is amended--
            (1) in subsection (b), by adding at the end the following:
            ``(6) The establishment of a multi-agency homeland security
        technology, equipment, and information transfer program to
        allow for the transfer of technology, equipment, and
        information to State and local law enforcement agencies.'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
    ``(c) Technology Transfer Program.--In developing the program
described under subsection (b)(6), the Secretary, acting through the
Under Secretary for Science and Technology shall--
            ``(1) in close cooperation with the Office of Domestic
        Preparedness, conduct, on an ongoing basis--
                    ``(A) research and development of new technologies;
                    ``(B) surveys and reviews of available appropriate
                technologies; and
                    ``(C) tests, evaluations, and demonstrations of new
                and available technologies that significantly improve
                the capability of law enforcement agencies in
                countering terrorist threats;
            ``(2) in support of the activities described in paragraph
        (1)--
                    ``(A) consult with State and local law enforcement
                agencies and others determined by the Secretary,
                including the advisory committee established under
                section 430(d);
                    ``(B) work with the National Institute for
                Standards and Technology and any other office or agency
                determined by the Secretary;
                    ``(C) at the discretion of the Secretary, enter
                into agreements and coordinate with other Federal
                agencies to maximize the effectiveness of the
                technologies, equipment, and information; and
            ``(3) provide a comprehensive list of available
        technologies, equipment, and information to the Office for
        Domestic Preparedness which shall administer a technology
        transfer program described under section 430(d).''.
    (b) Office for Domestic Preparedness.--Section 430 of the Homeland
Security Act of 2002 (6 U.S.C. 238) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Technology, Equipment, and Information Transfer Program.--
            ``(1) Administration.--The Director of the Office for
        Domestic Preparedness, in coordination with the Under Secretary
        for Science and Technology, shall establish and administer a
        technology transfer program through which the Director shall--
                    ``(A) make the counterterrorism technology,
                equipment, and information available to State and local
                law enforcement agencies each year based on--
                            ``(i) the comprehensive list of available
                        technologies, equipment, and information
                        described under section 313(c); and
                            ``(ii) the needs identified by the advisory
                        committee established under this subsection;
                    ``(B) consult with State and local law enforcement
                agencies and others, as determined by the Secretary;
                    ``(C) accept applications from the head of State
                and local law enforcement agencies that wish to acquire
                such technologies, equipment, and information to
                improve the homeland security capabilities of those
                agencies, and review these applications with the
                advisory committee established under this subsection;
                and
                    ``(D) transfer the approved technology, equipment,
                and information and provide the appropriate training to
                the State or local law enforcement agencies to
                implement such technology, equipment, and information.
            ``(2) Technology transfer advisory committee.--Under the
        authority of section 871, the Secretary, acting through the
        Director of the Office for Domestic Preparedness, shall
        establish an advisory committee, or designate an existing
        advisory committee comprised of retired and active duty State
        and local law enforcement officers, to advise the Director of
        the Office for Domestic Preparedness and the Under Secretary
        for Science and Technology regarding the homeland security
        technology transfer program established under this subsection.
            ``(3) Expansion of program.--Upon the approval of the
        Secretary, the Director of the Office for Domestic Preparedness
        may expand the program established under this subsection to
        transfer technology, equipment, and information to first
        responders other than law enforcement agencies and revise the
        advisory committee accordingly.
            ``(4) Limitation on administration expenditure.--Not more
        than 10 percent of the budget of the technology, equipment, and
        information transfer program established under this subsection
        may be used for administrative expenses.
            ``(5) Authorization of Appropriations.--There are
        authorized to be appropriated $50,000,000 for each of the
        fiscal years 2005 through 2014 to carry out this subsection.''.

            Passed the Senate February 4, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 1612

_______________________________________________________________________

                                 AN ACT

To establish a technology, equipment, and information transfer program
              within the Department of Homeland Security.

Output:
Homeland Security Technology Improvement Act of 2004 - Amends the Homeland Security Act of 2002 to include, as an element of the program to encourage technological innovation in facilitating the mission of the Department of Homeland Security, the establishment of a multi-agency homeland security technology, equipment, and information transfer program to allow for the transfer of technology, equipment, and information to State and local law enforcement agencies. Requires the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, in developing such program, to: (1) in close cooperation with the Office for Domestic Preparedness, conduct research and development of new technologies, surveys and reviews of available appropriate technologies, and tests, evaluations, and demonstrations of new and available technologies that significantly improve the capability of law enforcement agencies in countering terrorist threats; (2) in support of such activities, consult with State and local law enforcement agencies and others, work with the National Institute for Standards and Technology and any other office or agency, and enter into agreements and coordinate with other Federal agencies to maximize the effectiveness of the technologies, equipment, and information; and (3) provide a comprehensive list of available technologies, equipment, and information to the Office of Domestic Preparedness, which shall administer the technology transfer program.

 Requires the Director of the Office for Domestic Preparedness, in coordination with the Under Secretary, to: (1) make counterterrorism technology, equipment, and information available to State and local law enforcement agencies based on the list of available technologies, equipment, and information and the needs identified by the technology transfer advisory committee established by this Act; (2) consult with State and local law enforcement agencies; (3) accept applications from State and local law enforcement agencies that wish to acquire such technologies, equipment, and information to improve their homeland security capabilities and review such applications with the advisory committee; and (4) transfer the approved technology, equipment, and information and provide training to the State or local law enforcement agencies to implement such technology equipment, and information.

Allows the Director, upon approval of the Secretary, to expand the program to first responders other than law enforcement agencies and to revise the advisory committee accordingly.

Limits expenditures for administrative costs to ten percent of the program budget.

Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clinical Research Enhancement Act of
1997''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Clinical research is critical to the advancement of
        scientific knowledge and to the development of cures and
        improved treatment for disease.
            (2) Tremendous advances in biology are opening doors to new
        insights into human physiology, pathophysiology and disease,
        creating extraordinary opportunities for clinical research.
            (3) Clinical research includes translational research which
        is an integral part of the research process leading to general
        human applications. It is the bridge between the laboratory and
        new methods of diagnosis, treatment, and prevention and is thus
        essential to progress against cancer and other diseases.
            (4) The United States will spend more than $1 trillion on
        health care in 1997, but the Federal budget for health research
        at the National Institutes of Health was $12.7 billion, only 1
        percent of that total.
            (5) Studies at the Institute of Medicine, the National
        Research Council, and the National Academy of Sciences have all
        addressed the current problems in clinical research.
            (6) The Director of the National Institutes of Health has
        recognized the current problems in clinical research and has
        through the use of an advisory committee begun to evaluate
        these problems.
            (7) The current level of training and support for health
        professionals in clinical research is fragmented, frequently
        undervalued, and potentially underfunded.
            (8) Young investigators are not only apprentices for future
        positions but a crucial source of energy, enthusiasm, and ideas
        in the day-to-day research that constitutes the scientific
        enterprise. Serious questions about the future of life-science
        research are raised by the following:
                    (A) The number of young investigators applying for
                grants dropped by 54 percent between 1985 and 1993.
                    (B) The number of federally funded research (R01)
                grants awarded to persons under the age of 36 have
                decreased by 70 percent from 1985 to 1993.
                    (C) Newly independent life-scientists are expected
                to raise funds to support their new research programs
                and a substantial proportion of their own salaries.
            (9) The following have been cited as reasons for the
        decline in the number of active clinical researchers, and those
        choosing this career path:
                    (A) A medical school graduate incurs an average
                debt of $80,000, as reported in the Medical School
                Graduation Questionnaire by the American Association of
                Medical Colleges (AAMC).
                    (B) The prolonged period of clinical training
                required increases the accumulated debt burden.
                    (C) The decreasing number of mentors and role
                models.
                    (D) The perceived instability of funding from the
                National Institutes of Health and other Federal
                agencies.
                    (E) The almost complete absence of clinical
                research training in the curriculum of training grant
                awardees.
                    (F) Academic Medical Centers are experiencing
                difficulties in maintaining a proper environment for
                research in a highly competitive health care
                marketplace, which are compounded by the decreased
                willingness of third party payers to cover health care
                costs for patients engaged in research studies and
                research procedures.
            (10) In 1960, general clinical research centers were
        established under the Office of the Director of the National
        Institutes of Health with an initial appropriation of
        $3,000,000.
            (11) Appropriations for general clinical research centers
        in fiscal year 1997 equaled $153,000,000.
            (12) In fiscal year 1997, there were 74 general clinical
        research centers in operation, supplying patients in the areas
        in which such centers operate with access to the most modern
        clinical research and clinical research facilities and
        technologies.
            (13) The average annual amount allocated for each general
        clinical research center is $1,900,000, establishing a current
        funding level of 75 percent of the amounts approved by the
        Advisory Council of the National Center for Research Resources.
    (b) Purpose.--It is the purpose of this Act to provide additional
support for and to expand clinical research programs.

SEC. 3. INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH
              IN CLINICAL RESEARCH.

    Section 402 of the Public Health Service Act (42 U.S.C. 282) is
amended by adding at the end the following:
    ``(l)(1) The Director of NIH shall undertake activities to support
and expand the involvement of the National Institutes of Health in
clinical research.
    ``(2) In carrying out paragraph (1), the Director of NIH shall--
            ``(A) design test pilot projects and implement the
        recommendations of the Division of Research Grants Clinical
        Research Study Group and other recommendations for enhancing
        clinical research, where applicable; and
            ``(B) establish an intramural clinical research fellowship
        program and a continuing education clinical research training
        program at NIH.
    ``(3) The Director of NIH, in cooperation with the Directors of the
Institutes, Centers, and Divisions of the National Institutes of
Health, shall support and expand the resources available for the
diverse needs of the clinical research community, including inpatient,
outpatient, and critical care clinical research.
    ``(4) The Director of NIH shall establish peer review mechanisms to
evaluate applications for--
            ``(A) clinical research career enhancement awards;
            ``(B) innovative medical science awards;
            ``(C) graduate training in clinical investigation awards;
            ``(D) intramural clinical research fellowships.
Such review mechanisms shall include individuals who are exceptionally
qualified to appraise the merits of potential clinical research
training and research grant proposals.''.

SEC. 4. GENERAL CLINICAL RESEARCH CENTERS.

    Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is further amended by adding at the end the following:

``SEC. 409B. GENERAL CLINICAL RESEARCH CENTERS.

    ``(a) Grants.--The Director of the National Center for Research
Resources shall award grants for the establishment of general clinical
research centers to provide the infrastructure for clinical research
including clinical research training and career enhancement. Such
centers shall support clinical studies and career development in all
settings of the hospital or academic medical center involved.
    ``(b) Activities.--In carrying out subsection (a), the Director of
NIH shall expand the activities of the general clinical research
centers through the increased use of telecommunications and
telemedicine initiatives.
    ``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary.

``SEC. 409C. ENHANCEMENT AWARDS.

    ``(a) Clinical Research Career Enhancement Award.--
            ``(1) In general.--The Director of the National Center for
        Research Resources shall make grants (to be referred to as
        `clinical research career enhancement awards') to support
        individual careers in clinical research at general clinical
        research centers or at other institutions that have the
        infrastructure and resources deemed appropriate for conducting
        patient-oriented clinical research. The Director of the
        National Center for Research Resources shall, where
        practicable, collaborate or consult with other Institute
        Directors in making awards under this subsection.
            ``(2) Applications.--An application for a grant under this
        subsection shall be submitted by an individual scientist at
such time as the Director may require.
            ``(3) Limitations.--The amount of a grant under this
        subsection shall not exceed $125,000 per year per grant. Grants
        shall be for terms of 5 years. The Director shall award not
        more than 20 grants in the first fiscal year, and not more than
        40 grants in the second fiscal year, in which grants are
        awarded under this subsection.
            ``(4) Authorization of appropriations.--There is authorized
        to be appropriated to make grants under paragraph (1),
        $3,000,000 for fiscal year 1998, and such sums as may be
        necessary for each subsequent fiscal year.
    ``(b) Innovative Medical Science Award.--
            ``(1) In general.--The Director of the National Center for
        Research Resources shall make grants (to be referred to as
        `innovative medical science awards') to support individual
        clinical research projects at general clinical research centers
        or at other institutions that have the infrastructure and
        resources deemed appropriate for conducting patient-oriented
        clinical research. The Director of the National Center for
        Research Resources shall, where practicable, collaborate or
        consult with other Institute Directors in making awards under
        this subsection.
            ``(2) Applications.--An application for a grant under this
        subsection shall be submitted by an individual scientist at
        such time as the Director requires.
            ``(3) Limitations.--The amount of a grant under this
        subsection shall not exceed $175,000 per year per grant.
            ``(4) Authorization of appropriations.--There is authorized
        to be appropriated to make grants under this subsection,
        $52,500,000 for fiscal year 1998, and such sums as may be
        necessary for each subsequent fiscal year.
    ``(c) Graduate Training in Clinical Investigation Award.--
            ``(1) In general.--The Director of the National Center for
        Research Resources shall make grants (to be referred to as
        `graduate training in clinical investigation awards') to
        support individuals pursuing master's or doctoral degrees in
        clinical investigation.
            ``(2) Applications.--An application for a grant under this
        subsection shall be submitted by an individual scientist at
        such time as the Director may require.
            ``(3) Limitations.--The amount of a grant under this
        subsection shall not exceed $75,000 per year per grant. Grants
        shall be for terms of 2 years or more and will provide stipend,
        tuition, and institutional support for individual advanced
        degree programs in clinical investigation.
            ``(4) Definition.--As used in this subsection, the term
        `advanced degree programs in clinical investigation' means
        programs that award a master's or Ph.D. degree after 2 or more
        years of training in areas such as the following:
                    ``(A) Analytical methods, biostatistics, and study
                design.
                    ``(B) Principles of clinical pharmacology and
                pharmacokinetics.
                    ``(C) Clinical epidemiology.
                    ``(D) Computer data management and medical
                informatics.
                    ``(E) Ethical and regulatory issues.
                    ``(F) Biomedical writing.
            ``(5) Authorization of Appropriations.--There is authorized
        to be appropriated to make grants under this subsection,
        $3,000,000 for fiscal year 1998, and such sums as may be
        necessary for each subsequent fiscal year.''.

SEC. 5. CLINICAL RESEARCH ASSISTANCE.

    (a) National Research Service Awards.--Section 487(a)(1)(C) of the
Public Health Service Act (42 U.S.C. 288(a)(1)(C)) is amended by
striking ``50 such'' and inserting ``100 such''.
    (b) Loan Repayment Program.--Section 487E of the Public Health
Service Act (42 U.S.C. 288-5) is amended--
            (1) in the section heading, by striking ``from
        disadvantaged backgrounds'';
            (2) in subsection (a)(1)--
                    (A) by striking ``who are from disadvantaged
                backgrounds''; and
                    (B) by striking ``as employees of the National
                Institutes of Health'' and inserting ``as part of a
                clinical research training position'';
            (3) in subsection (a), by striking paragraph (3) and
        inserting the following:
            ``(3) Applicability of certain provisions regarding
        obligated service.--With respect to the National Health Service
        Corps Loan Repayment Program established under subpart III of
        part D of title III, the provisions of such subpart shall,
        except as inconsistent with this section, apply to the program
        established in this section in the same manner and to the same
        extent as such provisions apply to such loan repayment
        program.'';
            (4) in subsection (b)--
                    (A) by striking ``Amounts'' and inserting the
                following:
            ``(1) In general.--Amounts''; and
                    (B) by adding at the end the following:
            ``(2) Disadvantaged backgrounds set-aside.--In carrying out
        this section, the Secretary shall ensure that not less than 50
        percent of the contracts involve those appropriately qualified
        health professionals who are from disadvantaged backgrounds.'';
        and
            (5) by adding at the end the following:
    ``(c) Definition.--As used in subsection (a)(1), the term `clinical
research training position' means an individual serving in a general
clinical research center or in clinical research at the National
Institutes of Health, or a physician receiving a clinical research
career enhancement award, an innovative medical science award, or a
graduate training in clinical investigation award.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each fiscal year.''.

SEC. 6. DEFINITION.

    Section 409 of the Public Health Service Act (42 U.S.C. 284d) is
amended--
            (1) by striking ``For purposes'' and inserting ``(a) Health
        Service Research.--For purposes''; and
            (2) by adding at the end the following:
    ``(b) Clinical Research.--As used in this title, the term `clinical
research' means patient oriented clinical research conducted with human
subjects, or research on the causes and consequences of disease in
human populations involving material of human origin (such as tissue
specimens and cognitive phenomena) for which an investigator or
colleague directly interacts with human subjects in an outpatient or
inpatient setting to clarify a problem in human physiology,
pathophysiology, or disease; or epidemiologic or behavioral studies,
outcomes research, or health services research, or developing new
technologies or therapeutic interventions.''.

Output:
Clinical Research Enhancement Act of 1997 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to:  (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms.
(Sec. 4) Mandates grants to:  (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as clinical research career enhancement awards); (3) support individual clinical research projects at general clinical research centers or other institutions (to be known as innovative medical science awards); and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards).  Authorizes appropriations.
(Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions.
Modifies the loan repayment program to:  (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award, an innovative medical science award, or a graduate training in clinical investigation award (currently, a period of service as an NIH employee).  Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds.  Authorizes appropriations to carry out the loan repayment provisions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economic Security Act of 1996''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) economic security is an integral part of national
        security;
            (2) the development of new ideas and technical innovation
        is critical to sustaining a healthy and competitive national
        economy;
            (3) encouraging innovation and creativity requires adequate
        protection of vital economic proprietary information, both
        tangible and intangible;
            (4) over 50 countries have covertly tried to obtain
        advanced technologies from United States industries;
            (5) the theft, wrongful destruction or alteration,
        misappropriation, or wrongful conversion by foreign governments
        or their agents of vital economic proprietary information
        belonging to United States owners directly and substantially
        threatens the health and competitiveness of critical segments
        of the United States economy and, consequently, the Nation's
        security; and
            (6) current laws are inadequate to protect against economic
        espionage by foreign governments or those acting on their
        behalf.
    (b) Purpose.--The purpose of this Act is to protect the national
security by preventing economic espionage and furthering the
development and lawful utilization of United States vital proprietary
economic information by protecting it from theft, wrongful destruction
or alteration, misappropriation, and conversion by foreign governments
and their agents or instrumentalities. This Act is intended to protect
the vital proprietary economic information of the United States
Government and United States firms, businesses, industries, and
individuals both domestically and abroad by punishing individuals,
corporations, and institutions that engage in economic espionage with
the intent or purpose of aiding foreign nations or governments and
their instrumentalities and agents.

SEC. 3. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF VITAL
              PROPRIETARY ECONOMIC INFORMATION.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 421
et seq.) is amended by adding at the end the following new title:

  ``TITLE IX--ECONOMIC ESPIONAGE AND PROTECTION OF VITAL PROPRIETARY
                          ECONOMIC INFORMATION

``SEC. 901. DEFINITIONS.

    ``As used in this title:
            ``(1) The term `foreign corporation, institution, or
        instrumentality' means any corporation, agency, component,
        institution, association, instrumentality, or legal,
        commercial, or business entity that is substantially owned,
        controlled, sponsored, commanded, managed, or dominated by a
        foreign government or subdivision of a foreign government.
            ``(2) The term `foreign agent' means any officer, employee,
        proxy, servant, delegate, or representative of a foreign nation
        or government.
            ``(3) The term `person' means a natural person,
        corporation, agency, association, institution, or any other
        legal, commercial, or business entity.
            ``(4) The term `vital proprietary economic information'
        means all forms and types of financial, business, scientific,
        technical, economic, or engineering information, including
        data, plans, tools, mechanisms, compounds, formulas, designs,
        prototypes, processes, procedures, programs, codes, or
        commercial strategies, whether tangible or intangible, and
        however stored, compiled, or memorialized, if--
                    ``(A) the owner has taken reasonable measures to
                keep such information confidential; and
                    ``(B) the information derives independent economic
                value, actual or potential, from not being generally
                known to, and not being readily ascertainable,
                acquired, or developed by legal means by the public.
            ``(5) The term `owner' means the United States person or
        persons in whom, or United States Government component,
        department, or agency in which, rightful legal, beneficial, or
        equitable title to, or license in, vital proprietary economic
        information is reposed.
            ``(6) The term `United States person' means--
                    ``(A) in the case of a natural person, a United
                States citizen or permanent resident alien; and
                    ``(B) in the case of a nonnatural person, an entity
                substantially owned or controlled by the United States
                Government or by United States citizens or permanent
                resident aliens, or incorporated in the United States.

``SEC. 902. ENGAGING IN ECONOMIC ESPIONAGE TO AID FOREIGN NATIONS,
              GOVERNMENTS, CORPORATIONS, INSTITUTIONS,
              INSTRUMENTALITIES, OR AGENTS.

    ``(a) In General.--Any person who, with intent to, or reason to
believe that it will, injure any owner and benefit any foreign nation,
government, corporation, institution, instrumentality, or agent--
            ``(1) steals, wrongfully appropriates, takes, carries away,
        or conceals, or by fraud, artifice, or deception obtains vital
        proprietary economic information;
            ``(2) wrongfully copies, duplicates, sketches, draws,
        photographs, downloads, uploads, alters, destroys, photocopies,
        replicates, transmits, delivers, sends, mails, communicates, or
        conveys vital proprietary economic information;
            ``(3) receives, buys, or possesses vital proprietary
        economic information, knowing the vital proprietary economic
        information to have been obtained by any of the means described
        in paragraph (1) or (2);
            ``(4) attempts to commit any offense described in
        paragraphs (1) through (3);
            ``(5) wrongfully solicits another to commit any offense
        described in paragraphs (1) through (3); or
            ``(6) conspires with one or more other persons to commit
        any offense described in paragraphs (1) through (3), and one or
        more of such persons do any act to effect the object of the
        conspiracy,
shall, except as provided in subsection (b), be fined not more than
$500,000 or imprisoned not more than 25 years, or both.
    ``(b) Corporations.--Any corporation that commits any offense
described in subsection (a) shall be fined not more than $10,000,000.

``SEC. 903. CRIMINAL FORFEITURE.

    ``(a) In General.--Notwithstanding any provision of State law, any
person convicted of a violation under this title shall forfeit to the
United States--
            ``(1) any property constituting or derived from, any
        proceeds the person obtained, directly or indirectly, as the
        result of such violation; and
            ``(2) any of the person's property used, or intended to be
        used, in any manner or part to commit or facilitate the
        commission of such violation.
    ``(b) Court Order.--The court, in imposing a sentence on such
person, shall order, in addition to any other sentence imposed pursuant
to this title, that the person forfeit to the United States all
property described in this section.
    ``(c) Applicable Law.--Property subject to forfeiture under this
section, any seizure and disposition thereof, and any administrative or
judicial proceeding in relation thereto, shall be governed by section
413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except for subsection 413(d) which shall not apply to
forfeitures under this section.
    ``(d) Crime Victims Fund.--Notwithstanding section 524(c) of title
28, United States Code, there shall be deposited in the Crime Victims
Fund established under section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601) all amounts from the forfeiture of property under
this section remaining after the payment of the expenses for forfeiture
and sale authorized by law.

``SEC. 904. IMPORT AND EXPORT SANCTIONS.

    ``(a) In General.--The President may prohibit, for a period of up
to 5 years, the importation into, or exportation from, the United
States of any product produced, made, assembled, or manufactured by a
person convicted of any offense described in section 902.
    ``(b) Civil Penalties.--The Attorney General may impose a civil
penalty not to exceed 5 times the value of the exports or imports
involved or $100,000, whichever is greater, against any person who
knowingly violates any order of the President issued under the
authority of this title. Such penalty may be imposed only after notice
and opportunity for a hearing on the record in accordance with sections
554 through 557 of title 5.

``SEC. 905. EXTRATERRITORIALITY.

    ``(a) Conduct Occurring in the United States.--This title applies
to conduct occurring within the territorial and special maritime
jurisdiction of the United States.
    ``(b) Conduct Occurring Outside the United States.--This title
applies to conduct occurring outside the United States if--
            ``(1) the offender is a United States person; or
            ``(2) the victim of the offense is an owner, as defined in
        section 901, and the offense was intended to have or had a
        substantial or direct effect on the United States.

``SEC. 906. CONSTRUCTION WITH OTHER LAWS.

    ``This title shall not be construed to preempt or displace any
other Federal or State remedies, whether civil or criminal, for the
misappropriation of vital proprietary economic information, or to
affect the otherwise lawful disclosure of information by any government
employee under section 552 of title 5 (commonly known as the Freedom of
Information Act).

``SEC. 907. PRESERVATION OF CONFIDENTIALITY.

    ``In any prosecution under this title, the court may enter such
orders and take such other action as may be necessary and appropriate
to preserve the confidentiality of vital proprietary economic
information, consistent with rule 16 of the Federal Rules of Criminal
Procedure, the Federal Rules of Evidence, and other applicable laws. An
interlocutory appeal by the United States shall lie from a decision or
order of a district court authorizing the disclosure of vital
proprietary economic information.

``SEC. 908. LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES.

    ``This title does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United
States.''.
    (b) Technical Amendment.--The table of contents of the National
Security Act of 1947 is amended by adding at the end the following:

  ``TITLE IX--ECONOMIC ESPIONAGE AND PROTECTION OF VITAL PROPRIETARY
                          ECONOMIC INFORMATION

``Sec. 901. Definitions.
``Sec. 902. Engaging in economic espionage to aid foreign nations,
                            governments, corporations, institutions,
                            instrumentalities, or agents.
``Sec. 903. Criminal forfeiture.
``Sec. 904. Import and export sanctions.
``Sec. 905. Extraterritoriality.
``Sec. 906. Construction with other laws.
``Sec. 907. Preservation of confidentiality.
``Sec. 908. Law enforcement and intelligence activities.''.

SEC. 4. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
              INTERCEPTION OF ORAL COMMUNICATIONS.

    Section 2516(1)(a) of title 18, United States Code, is amended by
inserting ``title IX of the National Security Act of 1947 (relating to
economic espionage and protection of vital proprietary economic
information in interstate and foreign commerce),'' after ``fuel),''.

Output:
Economic Security Act of 1996 - Amends the National Security Act of 1947 to impose penalties upon individuals and corporations that engage in economic espionage, or that attempt, conspire, or solicit others to do so, in order to aid foreign nations, governments, corporations, institutions, instrumentalities, or agents.
Provides for the forfeiture of any property that is used to commit, or that constitutes or is derived from any proceeds obtained as the result of, such violation.
Authorizes:  (1) the President to prohibit for a period of up to five years the importation into, or exportation from, the United States of any product produced, made, assembled, or manufactured by a person convicted of any such offense; and (2) the Attorney General to impose a civil penalty (after notice and opportunity for a hearing on the record) not to exceed five times the value of the exports or imports involved or $100,000, whichever is greater, against any person who knowingly violates any such presidential order.
Sets forth provisions regarding:  (1) extraterritoriality; (2) construction with other laws; (3) confidentiality; and (4) law enforcement and intelligence activities.
Includes economic espionage among the offenses with respect to which the Attorney General may authorize an application for, and a Federal judge may grant, an order authorizing interception of wire, oral, or electronic communications.