Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Entertainment Protection
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Research shows that exposure to video games,
        television, movies, and other forms of media has powerful
        effects on the development of children and adolescents and that
        such effects can be positive or negative depending on the
        nature and content of the media.
            (2) Experimental research and longitudinal research
        conducted over the course of decades shows that exposure to
        higher levels of violence on television, in movies, and in
        other forms of media in adolescence causes people in the short-
        term and, after repeated exposure, even years later to exhibit
        higher levels of violent thoughts, anti-social and aggressive
        behavior, fear, anxiety, and hostility, and desensitization to
        the pain and suffering of others.
            (3) This evidence is so strong, it has been replicated in
        so many populations, and it draws on such diverse methodologies
        that a 2003 comprehensive review of the literature concluded
        ``the scientific debate over whether media violence increases
        aggression and violence is essentially over'' and 6 major
        medical and public health organizations, including the American
        Medical Association and the American Psychological Association,
        issued a Joint Statement to Congress in 2000 stating that
        research points ``overwhelmingly to a causal connection between
        media violence and aggressive behavior''.
            (4) New research shows that exposure to violent video games
        causes similar effects as does exposure to violence in other
        media, including increased levels of aggression in both the
        short-term and long-term, and research shows that the uniquely
        interactive, engaging nature of video games may be especially
        powerful in shaping children's thoughts, feelings, and
        behaviors.
            (5) Research shows that children are more likely to imitate
        the actions of a character with whom they identify, and in
        violent video games the player is often provided with a
        behavioral script where he or she takes the point of view of
        the shooter or perpetrator.
            (6) Research shows that children are more likely to learn
        from behaviors that they repeat over and over again and
        behaviors that they are rewarded for taking, and in most video
        games, surveys show, players repeat actions over and over
        again, aggression goes unpunished, and perpetrators are
        rewarded for taking aggressive action
            (7) The video game industry, through the Entertainment
        Software Ratings Board, has created a system of self-
        regulation, and a system to provide information to parents
        about the nature and content of video games.
            (8) The Entertainment Software Ratings Board has determined
        that certain video games contain intense violence and explicit
        sexual content that makes them inappropriate for minors, and
        has rated these games Mature and Adults-Only.
            (9) Research shows that children whose parents monitor and
        control their access to violent media are less likely to
        demonstrate the negative effects of such media.
            (10) Parents rely on the Entertainment Software Ratings
        Board ratings system to protect their children from
        inappropriate material yet, numerous studies have demonstrated
        that young people can access Mature-rated games with relative
        ease.
            (11) There is a need to enact legislation to ensure that
        the ratings system is meaningful.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Business.--The term ``business'' means any ongoing
        lawful activity that is conducted--
                    (A) primarily for the purchase, sale, lease, or
                rental of personal or real property, or for the
                manufacture, processing, or marketing of products,
                commodities, or any other personal property; or
                    (B) primarily for the sale of services to the
                public.
            (2) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (3) Entertainment software ratings board.--The term
        ``Entertainment Software Ratings Board'' means the independent
        rating system, or any successor ratings system--
                    (A) established by the Interactive Digital Software
                Association; and
                    (B) developed to provide information to consumers
                regarding the content of video and computer games.
            (4) Video game.--The term ``video game'' means an
        electronic object or device that--
                    (A) stores recorded data or instructions;
                    (B) receives data or instructions generated by the
                person who uses it; and
                    (C) by processing such data or instructions,
                creates an interactive game capable of being played,
                viewed, or experienced on or through a computer, gaming
                system, console, or other technology.

SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.

    (a) In General.--No business shall sell or rent, or permit the sale
or rental of any video game with a Mature, Adults-Only, or Ratings
Pending rating from the Entertainment Software Ratings Board to any
individual who has not attained the age of 17 years.
    (b) Affirmative Defenses.--
            (1) In general.--It shall be a defense to any prosecution
        for a violation of the prohibition under subsection (a) that a
        business--
                    (A) was shown an identification document, which the
                business reasonably believed to be valid, indicating
                that the individual purchasing or renting the video
                game had attained the age of 17 years or older; or
                    (B) had an established ratings enforcement policy--
                            (i) as evidenced by--
                                    (I) cash register prompts reminding
                                employees of that business to check for
                                identification stating that a customer
                                is of an appropriate age to purchase or
                                rent a video game, or an established
                                video game age identification training
                                program for employees of that business;
                                    (II) clear labels indicating the
                                rating on each video game sold or
                                rented by that business; and
                                    (III) signs on the wall of the
                                business property explaining, in
                                simple, easy-to-understand language,
                                the ratings enforcement policy of that
                                business; or
                            (ii) as evidenced by an online age
                        verification system, in the case of online
                        sales.
            (2) Limitation.--If a business is found to repeatedly
        violate the prohibition in subsection (a) despite the adoption
        by such business of an established ratings policy as described
        in paragraph (1)(B), such business shall be prohibited in any
        prosecution for a violation of this section from using any of
        the defenses listed in subsection (b).
    (c) Penalty.--The manager or agent of the manager acting in a
managerial capacity of a business found to be in violation of the
prohibition under subsection (a) shall be subject to a civil penalty,
community service, or both not to exceed--
            (1) $1,000 or 100 hours of community service for the first
        violation; and
            (2) $5,000 or 500 hours of community service for each
        subsequent violation.

SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE.

    (a) In General.--The Commission shall contract with an organization
with expertise in evaluating video game content and that has no
financial or personal interest, connection, or tie with the video game
industry, to determine, in a written report, on an annual basis,
whether the ratings established by the Entertainment Software Ratings
Board remain consistent and reliable over time.
    (b) Content of Analysis.--Each annual analysis report required
under subsection (a) shall--
            (1) evaluate a random sample of video games, representing
        the full menu of Entertainment Software Ratings Board ratings;
            (2) determine whether each such rating has essentially the
        same meaning from year to year; and
            (3) compare Entertainment Software Ratings Board ratings to
        independent, valid, and reliable rating systems ratings.

SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS.

    The Commission shall conduct, and make public the results of, an
annual secret audit of businesses to determine how frequently minors
who attempt to purchase video games with a Mature, Adults-Only, or
Rating Pending rating are able to do so successfully.

SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS.

    (a) In General.--The Commission shall conduct, to the extent
practicable, an investigation into embedded content in video games that
can be accessed through a keystroke combination, pass-code, or other
technological means to estimate--
            (1) what proportion of video games contain embedded content
        that is inconsistent with the rating given to such games, and
        what proportion of the domestic market such games represent;
            (2) what proportion of video games containing embedded
        content that is inconsistent with the rating given to such
        games are known to the video game manufacturer at the time of
        the commercial release of the game to contain embedded content,
        and what proportion of the domestic market such games
        represent; and
            (3) whether video game manufacturers have the capacity to
        ensure that video games do not contain embedded content that is
        inconsistent with the ratings given to such games.
    (b) Sense of Congress.--It is the sense of Congress that whenever
the Commission determines that the content of a video game, either
immediately accessible or embedded but accessible through a keystroke
combination, pass-code, or other technological means, is inconsistent
with the rating given to such game, the Commission shall take
appropriate action under its authority to regulate unfair or deceptive
acts or practices in or affecting commerce as authorized under section
5 of the Federal Trade Commission Act (15 U.S.C. 45).
    (c) Timing of Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall report to Congress the
findings of its investigation under subsection (a).

SEC. 8. AUTHORITY TO REGISTER COMPLAINTS.

    (a) In General.--The Bureau of Consumer Protection of the Federal
Trade Commission shall ensure that consumers can file complaints
alleging that content-descriptions or labels on a video game are
misleading or deceptive using the same Commission Consumer Complaint
procedure by which the Bureau of Consumer Protection accepts complaints
concerning other forms of unfair, deceptive, or fraudulent advertising,
including through an easily accessible online filing system.
    (b) Report to Congress.--The Bureau of Consumer Protection shall
tabulate and report to Congress, on an annual basis, the number of
complaints under subsection (a) levied against each video game
manufacturer and business.

SEC. 9. EFFECTIVE DATE.

    This Act shall become effective 120 days after the date of
enactment of this Act.

Output:
Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years.

Subjects violators of this Act to a civil penalty.

Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable.

Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully; and (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content.

Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce.

Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure (including an easily accessible online filing system) by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Campus Fire Safety Right to Know
Act''.

SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT
              TO CAMPUS BUILDINGS.

    Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``and'' at the end of subparagraph
                (N);
                    (B) by striking the period at the end of
                subparagraph (O) and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
            ``(P) the fire safety report prepared by the institution
        pursuant to subsection (h).''; and
            (2) by adding at the end the following new subsection:
    ``(h) Disclosure of Fire Safety Standards and Measures.--
            ``(1) Fire safety reports required.--Each eligible
        institution participating in any program under this title
        shall, beginning in 2001, and each year thereafter, prepare,
        publish, and distribute, through appropriate publications or
        mailings, to all current students and employees, and to any
        applicant for enrollment or employment upon request, an annual
        fire safety report containing at least the following
        information with respect to the campus fire safety practices
        and standards of that institution:
                    ``(A) A statement that identifies each student
                housing facility of the institution, and whether or not
                each such facility is equipped with a fire sprinkler
                system or another equally protective fire safety
                system.
                    ``(B) Statistics concerning the occurrence on
                campus, during the 2 preceding calendar years for which
                data are available, of fires and false fire alarms.
                    ``(C) For each such occurrence, a statement of the
                human injuries or deaths and the structural damage
                caused by the occurrence.
                    ``(D) Information regarding fire alarms, smoke
                alarms, the presence of adequate fire escape planning
                or protocols, rules on portable electrical appliances,
                smoking and open flames (such as candles), regular
                mandatory supervised fire drills, and planned and
                future improvement in fire safety.
            ``(2) Rule of construction.--Nothing in this subsection
        shall be construed to authorize the Secretary to require
        particular policies, procedures, or practices by institutions
        of higher education with respect to fire safety.
            ``(3) Reports.--Each institution participating in any
        program under this title shall make timely reports to the
        campus community on fires that are reported to local fire
        departments and the incidence of false fire alarms on campus.
        Such reports shall be provided to students and employees in a
        manner that is timely and that will aid in the prevention of
        similar occurrences.
            ``(4) Logs.--Each institution participating in any program
        under this title shall make, keep, and maintain a log, written
        in a form that can be easily understood, recording all fires
        reported to local fire departments, including the nature, date,
        time, and general location of each fire, and all false fire
        alarms. All entries that are required pursuant to this
        paragraph shall, except where disclosure of such information is
        prohibited by law, be open to public inspection.
            ``(5) Reports to secretary.--On an annual basis, each
        institution participating in any program under this title shall
        submit to the Secretary a copy of the statistics required to be
        made available under paragraph (1)(B). The Secretary shall--
                    ``(A) review such statistics;
                    ``(B) make copies of the statistics submitted to
                the Secretary available to the public; and
                    ``(C) in coordination with representatives of
                institutions of higher education, identify exemplary
                fire safety policies, procedures, and practices and
                disseminate information concerning those policies,
                procedures, and practices that have proven effective in
                the reduction of campus fires.
            ``(6) Definition of campus.--In this subsection the term
        `campus' has the meaning provided in subsection (f)(6).''.

SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of Education shall prepare and submit to the Congress a
report containing--
            (1) an analysis of the current status of fire safety
        systems in college and university facilities, including
        sprinkler systems;
            (2) an analysis of the appropriate fire safety standards to
        apply to these facilities, which the Secretary shall prepare
        after consultation with such fire safety experts,
        representatives of institutions of higher education, and other
        Federal agencies as the Secretary, in the Secretary's
        discretion, considers appropriate;
            (3) an estimate of the cost of bringing all nonconforming
        dormitories and other campus buildings up to current new
        building codes; and
            (4) recommendations from the Secretary concerning the best
        means of meeting fire safety standards in all college and
        university facilities, including recommendations for methods to
        fund such cost.

Output: Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Partial Hospitalization Services
Integrity Act of 1997''.

SEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES.

    (a) In General.--Section 1861(ff)(2) of the Social Security Act (42
U.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph
(I)--
            (1) by striking ``and furnished'' and inserting
        ``furnished''; and
            (2) by inserting before the period the following: ``, and
        furnished other than in a skilled nursing facility or in an
        individual's personal residence''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to partial hospitalization services furnished on or after the
first day of the third month beginning after the date of the enactment
of this Act.

SEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS.

    Section 1861(ff)(3)(B) of the Social Security Act (42 U.S.C.
1395x(ff)(3)(B)) is amended by striking ``entity'' and all that follows
and inserting the following: ``entity that--
            ``(i) provides the mental health services described in
        paragraph (1) of section 1913(c) of the Public Health Service
        Act;
            ``(ii) meets applicable licensing or certification
        requirements for community mental health centers in the State
        in which it is located; and
            ``(iii) meets such additional conditions as the Secretary
        may specify to ensure (I) the health and safety of individuals
        being furnished such services, (II) the effective or efficient
        furnishing of such services, and (III) the compliance of such
        entity with the criteria described in such section.''.

SEC. 4. RE-ENROLLMENT OF PROVIDERS OF CMHC PARTIAL HOSPITALIZATION
              SERVICES.

    (a) In General.--With respect to each community mental health
center that furnishes partial hospitalization services for which
payment is made under title XVIII of the Social Security Act, the
Secretary of Health and Human Services shall provide for periodic re-
certification to ensure that the provision of such services complies
with section 1913(c) of the Public Health Service Act.
    (b) Deadline for First Re-certification.--The first re-
certification under subsection (a) shall be completed not later than 1
year after the date of the enactment of this Act.

SEC. 5. PROSPECTIVE PAYMENT SYSTEM FOR PARTIAL HOSPITALIZATION
              SERVICES.

    (a) Establishment of System.--Section 1833 of the Social Security
Act (42 U.S.C. 1395l) is amended by inserting after subsection (o) the
following:
    ``(p)(1) The Secretary may establish by regulation a prospective
payment system for partial hospitalization services provided by a
community mental health center or by a hospital to its outpatients. The
system shall provide for appropriate payment levels for efficient
centers and take into account payment levels for similar services
furnished by other efficient entities.
    ``(2) A prospective payment system established pursuant to
paragraph (1) shall provide for payment amounts for--
            ``(A) the first year in which such system applies, at a
        level so that, as estimated by the Secretary, the total
        aggregate payments under this part (including payments
        attributable to deductibles and coinsurance) are equal to the
        total aggregate payments that would have otherwise been made
        under this part if such system had not been implemented; and
            ``(B) each subsequent year, in an amount equal to the
        payment amount provided for under this paragraph for the
        preceding year updated by the percentage increase in the
        consumer price index for all urban consumers (all items; United
        States city average) for the 12-month period ending with
        September of that preceding year.''.
    (b) Coinsurance.--Section 1866(a)(2)(A) of such Act (42 U.S.C.
1395cc(a)(2)(A)) is amended by adding at the end the following: ``In
the case of services described in section 1832(a)(2)(J), clause (ii) of
the first sentence of this subparagraph shall be applied by
substituting the payment basis established under section 1833(p) for
the reasonable charges.''.
    (c) Conforming Amendments.--(1) Section 1832(a)(2) of such Act (42
U.S.C. 1395k(a)(2)) is amended--
            (A) in subparagraph (B), by striking ``or subparagraph
        (I)'' and inserting ``, (I), or (J)''; and
            (B) in subparagraph (J), by striking ``provided by a
        community mental health center (as described in section
        1861(ff)(2)(B))''.
    (2) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended--
            (A) in paragraph (2) preceding subparagraph (A), by
        striking ``(H), and (I)'' and inserting ``(H), (I), and (J)'';
            (B) by striking ``and'' at the end of paragraph (8);
            (C) by striking the period at the end of paragraph (9) and
        inserting ``; and''; and
            (D) by adding at the end the following new paragraph:
            ``(10) in the case of partial hospitalization services, 80
        percent of the payment basis under the prospective payment
        system established under section 1833(p).''.
    (d) Effective Date.--The amendments made by subsections (b) and (c)
apply to services furnished on or after January 1 of the first year
that begins at least 6 months after the date on which regulations are
issued under section 1833(p) of such Act (42 U.S.C. 1395l(p)) as
inserted by subsection (a).

SEC. 6. DEMONSTRATION FOR IMPROVED PARTIAL HOSPITALIZATION SERVICES.

    (a) Establishment.--
            (1) In general.--The Secretary of Health and Human Services
        shall implement a demonstration project (in this section
        referred to as the ``project'') under part B of title XVIII of
        the Social Security Act under which community mental health
        centers may offer expanded partial hospitalization services
        (described in paragraph (2)) for purposes of providing for a
        full continuum of ambulatory behavioral health care services.
            (2) Additional mental health services described.--For
        purposes of paragraph (1), the expanded partial hospitalization
        services are outpatient mental health services and such other
        mental health services as the Secretary determines appropriate
        which are not partial hospitalization services as defined in
        section 1861(ff)(1) of such Act (42 U.S.C. 1395x(ff)(1)).
    (b) Selection of Centers.--For purposes of implementing such
project, the Secretary shall select for participation in the project
community mental health centers that serve populations in 3 different
States, 1 of which predominantly serves rural populations.
    (c) Capitated Payment.--Under this project, payment for expanded
partial hospitalization services shall be made on a capitated basis.
    (d) Waiver Authority.--The Secretary may waive such provisions of
title XVIII of the Social Security Act as the Secretary deems necessary
to conduct the project established under this section.
    (e) Evaluation and Report.--
            (1) Evaluation.--The Secretary shall evaluate the project.
        Such evaluation shall include an examination of--
                    (A) the project's effect on the health and well-
                being of beneficiaries;
                    (B) any savings to the medicare program by reason
                of capitated payments for partial hospitalization
                services;
                    (C) the impact of basing payment for such services
                on a capitated basis; and
                    (D) the project's effect on utilization of
                inpatient services (including inpatient mental health
                services) and associated costs.
            (2) Report.--Not later than 4 years after the date of the
        enactment of this Act, the Secretary shall submit to Congress a
        report containing a statement of the findings and conclusions
        of the Secretary pursuant to the evaluation conducted under
        paragraph (1), together with any recommendations for
        legislation the Secretary considers appropriate with respect
        to--
                    (A) the provision of additional mental health
                services by community mental health centers under
                partial hospitalization services; and
                    (B) payment for such services on a capitated basis.
    (f) Duration.--The project shall be conducted for a 3 year period.

Output:
Partial Hospitalization Services Integrity Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to:  (1) deny coverage of partial hospitalization services in home and skilled nursing home settings; (2) provide for new qualifications for community mental health centers as the Secretary of Health and Human Services may specify to ensure the health and safety of individuals being furnished mental health services and the effective or efficient furnishing of such services; and (3) authorize the Secretary to establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or hospital to its outpatients.
Directs the Secretary to:  (1) provide for periodic re-certification to ensure that the provision of such services complies with appropriate criteria under the Public Health Service Act; and (2) implement a demonstration project under Medicare part B (Supplementary Medical Insurance) under which community mental health centers may offer expanded partial hospitalization services which are not currently covered as such under Medicare for purposes of providing for a full continuum of ambulatory behavioral health care services.


Input:
.

    (a) Amendment to Title 31.--Chapter 13 of title 31, United States
Code, is amended by inserting after section 1310 the following new
section:

``SEC. 1311. CONTINUING APPROPRIATIONS.

    ``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year or a joint
resolution making continuing appropriations is not in effect, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
                    ``(A) in the corresponding regular appropriation
                Act for such preceding fiscal year; or
                    ``(B) if the corresponding regular appropriation
                bill for such preceding fiscal year did not become law,
                then in a joint resolution making continuing
                appropriations for such preceding fiscal year.
            ``(2) Appropriations and funds made available, and
        authority granted, for a project or activity for any fiscal
        year pursuant to this section shall be at a rate of operations
        not in excess of the rate of operations provided for in the
        regular appropriation Act providing for such project or
        activity for the preceding fiscal year, or in the absence of
        such an Act, the rate of operations provided for such project
        or activity pursuant to a joint resolution making continuing
        appropriations for such preceding fiscal year.
            ``(3) Appropriations and funds made available, and
        authority granted, for any fiscal year pursuant to this section
        for a project or activity shall be available for the period
        beginning with the first day of a lapse in appropriations and
        ending with the earlier of--
                    ``(A) the date on which the applicable regular
                appropriation bill for such fiscal year becomes law
                (whether or not such law provides for such project or
                activity) or a continuing resolution making
                appropriations becomes law, as the case may be, or
                    ``(B) the last day of such fiscal year.
    ``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
    ``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
    ``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
    ``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
            ``(1) makes an appropriation, makes funds available, or
        grants authority for such project or activity to continue for
        such period, or
            ``(2) specifically provides that no appropriation shall be
        made, no funds shall be made available, or no authority shall
        be granted for such project or activity to continue for such
        period; or
    ``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
            ``(1) Agriculture, rural development, and related agencies
        programs.
            ``(2) The Departments of Commerce, Justice, and State, the
        judiciary, and related agencies.
            ``(3) The Department of Defense.
            ``(4) The government of the District of Columbia and other
        activities chargeable in whole or in part against the revenues
        of the District.
            ``(5) The Departments of Labor, Health and Human Services,
        and Education, and related agencies.
            ``(6) The Department of Housing and Urban Development, and
        sundry independent agencies, boards, commissions, corporations,
        and offices.
            ``(7) Energy and water development.
            ``(8) Foreign assistance and related programs.
            ``(9) The Department of the Interior and related agencies.
            ``(10) Military construction.
            ``(11) The Department of Transportation and related
        agencies.
            ``(12) The Treasury Department, the U.S. Postal Service,
        the Executive Office of the President, and certain independent
        agencies.
            ``(13) The legislative branch.''.
    (b) Conforming Amendment.--Section 202(e)(3) of the Congressional
Budget Act of 1974 is amended by inserting ``and on or before September
30'' before ``of each year''.
    (c) Chapter Analysis.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:

``1311. Continuing appropriations.''.
    (d) Effect of Amendments.--Nothing in the amendments made by this
subsection shall be construed to affect Government obligations mandated
by other law, including obligations with respect to Social Security,
Medicare, and Medicaid.

Output: End Federal Shutdowns Act of 2018 This bill provides specified continuing appropriations to prevent a government shutdown if any regular appropriations bill for a fiscal year has not been enacted or a joint resolution making continuing appropriations is not in effect after the fiscal year begins. The appropriations are provided to continue to fund projects and activities for which funds were provided in the preceding fiscal year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims Protection Act of 2014''.

SEC. 2. INCLUSION OF SENIOR TRIAL COUNSEL DETERMINATIONS ON REFERRAL OF
              CASES TO TRIAL BY COURT-MARTIAL IN CASES REVIEWED BY
              SECRETARIES OF MILITARY DEPARTMENTS.

    Section 1744 of the National Defense Authorization Act for Fiscal
Year 2014 is amended--
            (1) in subsection (c)--
                    (A) in the subsection heading, by inserting ``or
                Senior Trial Counsel'' after ``Staff Judge Advocate'';
                and
                    (B) by inserting ``or the senior trial counsel
                detailed to the case'' after ``Military Justice),'';
                and
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting ``or
                Senior Trial Counsel'' after ``Staff Judge Advocate'';
                and
                    (B) by inserting ``or the senior trial counsel
                detailed to the case'' after ``Military Justice),''.

SEC. 3. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON
              SEXUAL ASSAULT PREVENTION AND RESPONSE.

    (a) Additional Duty of Special Victims' Counsel.--In addition to
any duties authorized by section 1044e of title 10, United States Code
(as added by section 1716 of the National Defense Authorization Act for
Fiscal Year 2014), a Special Victims' Counsel designated under
subsection (a) of such section 1044e shall provide advice to victims of
sexual assault on the advantages and disadvantages of prosecution of
the offense concerned by court-martial or by a civilian court with
jurisdiction over the offense before such victims express their
preference as to the prosecution of the offense under subsection (b).
    (b) Consultation With Victims Regarding Preference in Prosecution
of Certain Sexual Offenses.--
            (1) In general.--The Secretaries of the military
        departments shall each establish a process to ensure
        consultation with the victim of a covered sexual offense that
        occurs in the United States with respect to the victim's
        preference as to whether the offense should be prosecuted by
        court-martial or by a civilian court with jurisdiction over the
        offense.
            (2) Weight afforded preference.--The preference expressed
        by a victim under paragraph (1) with respect to the prosecution
        of an offense, while not binding, should be afforded great
        weight in the determination whether to prosecute the offense by
        court-martial or by a civilian court.
            (3) Notice to victim of lack of civilian criminal
        prosecution after preference for such prosecution.--In the
        event a victim expresses a preference under paragraph (1) in
        favor of prosecution of an offence by civilian court and the
        civilian authorities determine to decline prosecution, or defer
        to prosecution by court-martial, the victim shall be promptly
        notified of that determination.
    (c) Performance Appraisals of Members of the Armed Forces.--
            (1) Appraisals of all members on compliance with sexual
        assault prevention and response programs.--The Secretaries of
        the military departments shall each ensure that the written
        performance appraisals of members of the Armed Forces (whether
        officers or enlisted members) under the jurisdiction of such
        Secretary include an assessment of the extent to which each
        such member supports the sexual assault prevention and response
        program of the Armed Force concerned.
            (2) Performance appraisals of commanding officers.--The
        Secretaries of the military departments shall each ensure that
        the performance appraisals of commanding officers under the
        jurisdiction of such Secretary indicate the extent to which
        each such commanding officer has or has not established a
        command climate in which--
                    (A) allegations of sexual assault are properly
                managed and fairly evaluated; and
                    (B) a victim can report criminal activity,
                including sexual assault, without fear of retaliation,
                including ostracism and group pressure from other
                members of the command.
    (d) Command Climate Assessments Following Incidents of Certain
Sexual Offenses.--
            (1) Assessments required.--The Secretaries of the military
        departments shall each establish a process whereby a command
        climate assessment is performed following an incident involving
        a covered sexual offense for each of the command of the accused
        and the command of the victim. If the accused and the victim
        are within the same command, only a single climate assessment
        is required. The process shall ensure the timely completion of
        command climate assessments for provision to military criminal
        investigation organizations and commanders pursuant to
        paragraph (2).
            (2) Provision to military criminal investigation
        organizations and commanders.--A command climate assessment
        performed pursuant to paragraph (1) shall be provided to the
        following:
                    (A) The military criminal investigation
                organization conducting the investigation of the
                offense concerned.
                    (B) The commander next higher in the chain of
                command of the command covered by the climate
                assessment.
    (e) Confidential Review of Characterization of Terms of Discharge
of Victims of Sexual Offenses.--
            (1) In general.--The Secretaries of the military
        departments shall each establish a confidential process,
        through boards for the correction of military records of the
        military department concerned, by which an individual who was
        the victim of a covered sexual offense during service in the
        Armed Forces may challenge, on the basis of being the victim of
        such an offense, the terms or characterization of the
        individual's discharge or separation from the Armed Forces.
            (2) Consideration of individual experiences in connection
        with offenses.--In deciding whether to modify the terms or
        characterization of an individual's discharge or separation
        pursuant to the process required by paragraph (1), the
        Secretary of the military department concerned shall instruct
        boards to give due consideration to the psychological and
        physical aspects of the individual's experience in connection
        with the offense concerned, and to what bearing such experience
        may have had on the circumstances surrounding the individual's
        discharge or separation from the Armed Forces.
            (3) Preservation of confidentiality.--Documents considered
        and decisions rendered pursuant to the process required by
        paragraph (1) shall not be made available to the public, except
        with the consent of the individual concerned.
    (f) Covered Sexual Offense Defined.--In subsections (a) through
(e), the term ``covered sexual offense'' means any of the following:
            (1) Rape or sexual assault under subsection (a) or (b) of
        section 920 of title 10, United States Code (article 120 of the
        Uniform Code of Military Justice).
            (2) Forcible sodomy under section 925 of title 10, United
        States Code (article 125 of the Uniform Code of Military
        Justice).
            (3) An attempt to commit an offense specified in paragraph
        (1) or (2) as punishable under section 880 of title 10, United
        States Code (article 80 of the Uniform Code of Military
        Justice).
    (g) Modification of Military Rules of Evidence Relating to
Admissibility of General Military Character Toward Probability of
Innocence.--Not later than 180 days after the date of the enactment of
this Act, Rule 404(a) of the Military Rules of Evidence shall be
modified to clarify that the general military character of an accused
is not admissible for the purpose of showing the probability of
innocence of the accused, except that evidence of a trait of the
military character of an accused may be offered in evidence by the
accused when that trait is relevant to an element of an offense for
which the accused has been charged.

SEC. 4. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND
              RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE
              ACADEMIES.

    (a) Military Service Academies.--The Secretary of the military
department concerned shall ensure that the provisions of title XVII of
the National Defense Authorization Act for Fiscal Year 2014 (as amended
by this Act) and this Act apply to the United States Military Academy,
the Naval Academy, and the Air Force Academy, as applicable.
    (b) Coast Guard Academy.--The Secretary of Homeland Security shall
ensure that the provisions of title XVII of the National Defense
Authorization Act for Fiscal Year 2014 (as so amended) and this Act
apply to the Coast Guard Academy.

SEC. 5. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE
              DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND
              TO SEXUAL ASSAULT.

    (a) Strategic Framework on Collaboration Required.--Not later than
270 days after the date of the enactment of this Act, the Secretary of
Defense and the Attorney General shall jointly develop a strategic
framework for ongoing collaboration between the Department of Defense
and the Department of Justice in their efforts to prevent and respond
to sexual assault. The framework shall be based on and include the
following:
            (1) An assessment of the role of the Department of Justice
        in investigations and prosecutions of sexual assault cases in
        which the Department of Defense and the Department of Justice
        have concurrent jurisdiction, with the assessment to include a
        review of and list of recommended revisions to relevant
        Memoranda of Understanding and related documents between the
        Department of Justice and the Department of Defense.
            (2) An assessment of the feasibility of establishing the
        position of advisor on military sexual assaults within the
        Department of Justice (using existing Department resources and
        personnel) to assist in the activities required under paragraph
        (1) and provide to the Department of Defense investigative and
        other assistance in sexual assault cases occurring on domestic
        and overseas military installations over which the Department
        of Defense has primary jurisdiction, with the assessment to
        address the feasibility of maintaining representatives or
        designees of the advisor at military installations for the
        purpose of reviewing cases of sexual assault and providing
        assistance with the investigation and prosecution of sexual
        assaults.
            (3) An assessment of the number of unsolved sexual assault
        cases that have occurred on military installations, and a plan,
        with appropriate benchmarks, to review those cases using
        currently available civilian and military law enforcement
        resources, such as new technology and forensics information.
            (4) A strategy to leverage efforts by the Department of
        Defense and the Department of Justice--
                    (A) to improve the quality of investigations,
                prosecutions, specialized training, services to
                victims, awareness, and prevention regarding sexual
                assault; and
                    (B) to address social conditions that relate to
                sexual assault.
            (5) Mechanisms to promote information sharing and best
        practices between the Department of Defense and the Department
        of Justice on prevention and response to sexual assault,
        including victim assistance through the Violence against Women
        Act and Office for Victims of Crime programs of the Department
        of Justice.
    (b) Report.--The Secretary of Defense and the Attorney General
shall jointly submit to the appropriate committees of Congress a report
on the framework required by subsection (a). The report shall--
            (1) describe the manner in which the Department of Defense
        and Department of Justice will collaborate on an ongoing basis
        under the framework;
            (2) explain obstacles to implementing the framework; and
            (3) identify changes in laws necessary to achieve the
        purpose of this section.
    (c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on
        the Judiciary of the Senate; and
            (2) the Committee on Armed Services and the Committee on
        the Judiciary of the House of Representatives.

SEC. 6. MODIFICATION OF DEADLINE FOR REPORT ON NEED FOR PUNITIVE UCMJ
              ARTICLE ON INAPPROPRIATE CONTACT WITH PROSPECTIVE AND NEW
              MEMBERS OF THE ARMED FORCES.

    Section 1741(d) of the National Defense Authorization Act for
Fiscal Year 2014 is amended by striking ``120 days'' and inserting ``60
days''.

SEC. 7. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT
              ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES.

    It is the sense of the Senate that--
            (1) the panel to review and assess the systems used to
        respond to sexual assault established by section 576 of the
        National Defense Authorization Act for Fiscal Year 2013 (Public
        Law 112-239; 126 Stat. 1758) is conducting an independent
        assessment of the systems used to investigate, prosecute, and
        adjudicate crimes involving adult sexual assault and related
        offenses;
            (2) the work of the panel will be critical in informing the
        efforts of Congress to combat rape, sexual assault, and other
        sex-related crimes in the Armed Forces;
            (3) the panel should include in its assessment under
        subsection (d)(1) of section 576 of the National Defense
        Authorization Act for Fiscal Year 2013 a review of the reforms
        that will be enacted pursuant to title XVII of the National
        Defense Authorization Act for Fiscal Year 2014 (as amended by
        this Act) and this Act; and
            (4) the views of the victim advocate community should
        continue to be well-represented on the panel,

         and input from victims should continue to play a central role
        in informing the work of the panel.

            Passed the Senate March 10, 2014.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.

Output: .  Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 (NDAA 2014) to revise the sexual assault prevention and response program activities of the Armed Forces.  (Sec. 2) Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial (currently, such determination is made solely by the staff judge advocate).  (Sec. 3) Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial.  Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism.  Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces.  Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense (good soldier defense) shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. (Sec. 4) Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the U.S. Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. (Sec. 5) Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction; (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations; (3) an assessment of the number of unsolved sexual assault cases; (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault; and (5) mechanisms to promote information sharing and best practices between DOD and DOJ.  (Sec. 6) Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces.  (Sec. 7) Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014; and (4) the views of the victim advocate community should continue to be well-represented on the panel.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secondary Metal
Theft Prevention Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of the Congress.
Sec. 4. Purposes.
Sec. 5. Purchase transaction requirements.
Sec. 6. Protection of personal information.
Sec. 7. Enforcement by Federal Trade Commission.
Sec. 8. Enforcement by State Attorneys General.
Sec. 9. Civil penalty.
Sec. 10. State and local law not preempted.
Sec. 11. Definitions.
Sec. 12. Effective date.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Since 2006, metal theft has been on the rise, largely
        due to a surge in the global demand for scrap metal and a
        historic increase in the price of metal commodities.
            (2) Theft of metal components is jeopardizing the integrity
        of critical infrastructure in the United States through theft
        of metal in transportation, electrical, and telecommunications
        networks.
            (3) Theft of manhole covers, storm water grates, highway
        guard rails, railroad tracks, automobile components, and street
        lamps pose a significant public safety risk.
            (4) Many State laws call on secondary metal recyclers to
        help deter this crime and assist law enforcement by documenting
        transactions and collecting information in order to identify
        the sellers of scrap metal and the material they are selling.
        These laws have been a significant deterrent to the problem of
        metal theft.
            (5) Although many States have enacted metal theft laws,
        metal theft is a nationwide crime that crosses state lines.
            (6) An overarching Federal law is necessary to deter metal
        theft across the country.
            (7) Combating the problem of metal theft will require
        improved communications between metal businesses and law
        enforcement agencies.
            (8) The secondary metal recycling industry should be
        commended for educating the public and law enforcement to the
        problems related to metal theft, issuing ``Do Not Buy'' lists,
        partnering with the National Crime Prevention Council, and
        creating a Theft Alert System.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of the Congress that Federal, State, and local
government agencies should work with representatives of the secondary
metal recycling industry to develop and improve effective
countermeasures to combat the theft and sale of stolen secondary metal.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to protect consumers, businesses, critical
        infrastructure, and State and local governments from the
        problem of secondary metal theft;
            (2) to regulate interstate commerce by limiting trafficking
        in stolen secondary metal sold for the purpose of recycling or
        reuse;
            (3) to permit legitimate secondary metal transactions to
        continue to take place; and
            (4) to establish a system to document secondary metal
        transactions between sellers and buyers while addressing the
        growing problem of secondary metal theft.

SEC. 5. PURCHASE TRANSACTION REQUIREMENTS.

    (a) Do-not-buy List.--Unless the seller establishes by written
documentation that the seller is the owner, or an employee, agent, or
other person authorized to sell on behalf of the owner, it is unlawful
for a secondary metal recycling agent to purchase for recycling any
secondary metal that is--
            (1) marked with name, logo, or initials of a railroad, an
        electric, gas, or water company, a telephone company, cable
        company, or a public utility or that has been altered to
        remove, conceal, or obliterate such a name, logo, or initials
        through burning or cutting of wire sheathing or other means;
            (2) marked with the name of a city, county, or State
        government entity;
            (3) a street light pole or fixture;
            (4) a road or bridge guard rail;
            (5) a highway or street sign;
            (6) a water meter cover;
            (7) a storm water grate;
            (8) unused or undamaged building construction or utility
        material;
            (9) an historical marker;
            (10) a grave marker or cemetery urn or vase;
            (11) a utility access cover; or
            (12) a bulk container for beer with a capacity of 7.75
        gallons or more.
    (b) Record Keeping.--
            (1) In general.--A secondary metal recycling agent shall
        maintain a written or electronic record of each secondary metal
        purchase. The record shall include--
                    (A) the agent's name and address;
                    (B) the date of the transaction;
                    (C) a description of the secondary metal purchased,
                including--
                            (i) a general physical description;
                            (ii) a product description, such as wire,
                        tubing, extrusions, casting, or other kind of
                        product; and
                            (iii) the weight, quantity, or volume
                        purchased;
                    (D) the amount paid by the agent;
                    (E) the name and address of the person to which the
                payment was made;
                    (F) the name of the person delivering the secondary
                metal to the agent, including a distinctive number from
                a Federal or State government-issued photo
                identification card and a description of the type of
                the identification; and
                    (G) the license tag number, State-of-issue, make,
                and model, if available, of the vehicle used to deliver
                the secondary metal to the agent.
            (2) Repeat sellers.--A secondary metal recycling agent may
        comply with the requirements of paragraph (1) with respect to
        the second or a subsequent purchase of secondary metal from the
        same person by--
                    (A) reference to the existing record relating to
                the seller; and
                    (B) recording any information for the transaction
                that is different from the existing record for that
                person.
            (3) Record retention period.--A secondary metal recycling
        agent shall maintain any record required by this subsection for
        not less than 2 years from the date of the transaction to which
        the record relates.
    (c) Purchases in Excess of $75.--
            (1) In general.--A secondary metal recycling agent may not
        pay cash for a single purchase of secondary metal in excess of
        $75. For purposes of this paragraph, more than 1 purchase in
        any 48-hour period from the same seller shall be considered to
        be a single purchase.
            (2) Payment method.--
                    (A) Occasional sellers.--Except as provided in
                subparagraph (B), for any purchase of secondary metal
                in excess of $75 a secondary metal recycling agent
                shall make payment by check that--
                            (i) is payable to the seller; and
                            (ii) includes the name and address of the
                        seller.
                    (B) Established commercial transactions.--A
                secondary metal recycling agent may make payments for
                purchases of secondary metal in excess of $75 from a
                governmental or commercial supplier of secondary metal
                with which the agent has an established commercial
                relationship by electronic funds transfer or other
                established commercial transaction payment method
                through a commercial bank if the agent maintains a
                written record of such payments that identifies the
                seller, the amount paid, and the date of the purchase.
    (d) Public Notice Requirement.--A secondary metal recycling agent
shall display, at its principal place of business and at any site at
which secondary metal is accepted by or for the agent, a printed notice
advising the public that the sale of stolen secondary metal is
prohibited under Federal and State laws.

SEC. 6. PROTECTION OF PERSONAL INFORMATION.

    (a) In General.--A secondary metal recycling agent or the agent,
employee, or representative of a secondary metal recycling agent may
not disclose the identity of any person from which the agent purchases
secondary metal without the consent of the seller except in response to
a request from a law enforcement agency or judicial process.
    (b) Safeguards.--A secondary metal recycling agent shall implement
reasonable safeguards--
            (1) to protect the security of information required under
        section 5(b)(1) maintained by that agent; and
            (2) to prevent unauthorized access to or disclosure of that
        information.
    (c) Limits on Liability.--A secondary metal recycling agency shall
not be liable to any seller for a disclosure of information required
under section 5(b)(1) if the secondary metal recycling agent has met
the requirements of subsection (b) of this section.

SEC. 7. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) In General.--Violation of any provision of this Act shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices. The Federal Trade Commission shall enforce this Act in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act.
    (b) Regulations.--
            (1) In general.--The Commission may promulgate such
        regulations as it finds necessary or appropriate under this
        Act.
            (2) Initial guidance.--Within 6 months after the date of
        enactment of this Act, the Commission shall promulgate a final
        rule--
                    (A) setting forth the minimum requirements for the
                documentation required by section 5(a);
                    (B) establishing criteria for record retention
                under section 5(b)(3);
                    (C) establishing requirements for treatment of a
                seller as a governmental or commercial supplier with an
                established commercial relationship under section
                5(c)(2)(B);
                    (D) establishing public notice requirements under
                section 5(d); and
                    (E) establishing criteria for safeguards under
                section 6(b).

SEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    (a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of this Act whenever the
attorney general of the State has reason to believe that the interests
of the residents of the State have been or are being threatened or
adversely affected by the violation of this Act or a regulation under
this Act by a secondary metal recycling agent doing business in that
State.
    (b) Notice.--
            (1) Notice required.--At least 30 days before filing an
        action under subsection (a), the attorney general of the State
        involved shall provide to the Federal Trade Commission--
                    (A) written notice of the action; and
                    (B) a copy of the complaint for the action.
            (2) Authorization to proceed.--The State may bring the
        action if it does not receive a request from the Federal Trade
        Commission, within 30 days after the Commission receives the
        notice, not to proceed with its action.
    (c) Federal Proceedings.--After receiving notice under subsection
(b), the Commission may--
            (1) request that the State not proceed with the action
        pending the final disposition of a pending Federal proceeding
        or action;
            (2) initiate an action in the appropriate United States
        district court and move to consolidate all pending actions,
        including State actions, in such court;
            (3) intervene in the action brought under subsection (a);
        or
            (4) file petitions for appeal of a decision in such action.
    (c) Pending Federal Proceedings.--If the Federal Trade Commission
has instituted an enforcement action against a secondary metal
recycling agent for a violation of this Act or any regulation under
this Act, a State may not bring an action, during the pendency of the
Commission's enforcement action, under this section against that
secondary metal recycling agent for any violation alleged in the
Commission's enforcement action.
    (d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section regarding notification shall be
construed to prevent the attorney general of a State from exercising
the powers conferred on such attorney general by the laws of that State
to--
            (1) conduct investigations;
            (2) administer oaths or affirmations; or
            (3) compel the attendance of witnesses or the production of
        documentary and other evidence.
    (e) Venue; Service of Process.--
            (1) Venue.--Any action brought under subsection (a) may be
        brought in--
                    (A) the district court of the United States that
                meets applicable requirements relating to venue under
                section 1391 of title 28, United States Code; or
                    (B) another court of competent jurisdiction.
            (2) Service of process.--In an action brought under
        subsection (a), process may be served in any district in which
        the defendant--
                    (A) is an inhabitant; or
                    (B) may be found.

SEC. 9. CIVIL PENALTY.

    The knowing violation of any provision of this Act is punishable by
a civil penalty of not to exceed $10,000.

SEC. 10. STATE AND LOCAL LAW NOT PREEMPTED.

    Nothing in this Act preempts any State or local law regulating the
sale or purchase of secondary metal.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Secondary metal.--The term ``secondary metal'' means--
                    (A) wire or cable commonly used by communications
                and electrical utilities; and
                    (B) copper, aluminum, or other metal (including any
                metal combined with other materials) that is valuable
                for recycling or reuse as raw metal.
            (2) Secondary metal recycling agent.--The term ``secondary
        metal recycling agent'' means any person engaged in the
        business of purchasing secondary metal for reuse or recycling,
        without regard to whether that person is engaged in the
        business of recycling or otherwise processing the purchased
        secondary metal for reuse.

SEC. 12. EFFECTIVE DATE.

    Except as required by section 7(b)(2), this Act shall take effect 6
months after the date of enactment.

Output:
Secondary Metal Theft Prevention Act of 2009 - Expresses the sense of Congress that government agencies should work with representatives of the secondary metal recycling industry to combat the theft and sale of stolen secondary metal. Defines "secondary metal" as: (1) wire or cable commonly used by communications and electrical utilities; and (2) copper, aluminum, or other metal (including when combined with other materials) that is valuable for recycling or reuse as raw metal.

Makes it unlawful to sell certain secondary metal unless the seller documents ownership and maintains written or electronic records of each secondary metal purchase. Includes within the prohibition: (1) secondary metal that is marked with the name, logo, or initials of a railroad, a utility company, or a state or local government; (2) highway or street poles, fixtures, rails, or signs; (3) unused or undamaged building construction or utility material; (4) historical markers or grave markers; and (5) large bulk containers for beer. Prohibits cash purchases of secondary metal in excess of $75 or small multiple cash purchases within a 48-hour period. Requires purchasers of secondary metal in excess of $75 to pay by check.

Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Imposes a civil penalty for violations.

Declares that this Act does not preempt any state or local law regulating the sale or purchase of secondary metal.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investing for Tomorrow's Schools Act
of 2014''.

SEC. 2. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

    (a) Establishment.--
            (1) Cooperative agreements.--Subject to the provisions of
        this section, the Secretary of the Treasury, in consultation
        with the Secretary of Education, may enter into cooperative
        agreements with States for the establishment of State
        infrastructure banks and multistate infrastructure banks for
        making loans--
                    (A) to local educational agencies for building or
                repairing elementary or secondary schools which provide
                free public education (as such terms are defined in
                section 14101 of the Elementary and Secondary Education
                Act of 1965 (20 U.S.C. 8801));
                    (B) to public libraries for building or repairing
                library facilities;
                    (C) to eligible charter school entities for use for
                the objective described in section 5224(2) of such Act
                (20 U.S.C. 7223c(2)) consistent with subpart 2 of part
                B of title V of such Act (20 U.S.C. 7223 et seq.); and
                    (D) to community learning centers to connect and
                improve broadband services.
            (2) Interstate compacts.--Congress grants consent to two or
        more of the States, entering into a cooperative agreement under
        paragraph (1) with the Secretary of the Treasury for the
        establishment of a multistate infrastructure bank, to enter
        into an interstate compact establishing such bank in accordance
        with this section.
    (b) Funding.--The Secretary of the Treasury, in consultation with
the Secretary of Education, shall make grants to State infrastructure
banks and multistate infrastructure banks in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section. Each bank shall apply repayments of
principal and interest on loans to the making of additional loans. The
Secretary shall take final action on an application for a grant under
this subsection within 90 days of the date of the submission of such
application.
    (c) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
            (1) contribute, at a minimum, in each account of the bank
        from non-Federal sources an amount equal to 25 percent of the
        amount of each capitalization grant made to the State and
        contributed to the bank under subsection (b);
            (2) identify an operating entity of the State as recipient
        of the grant if the entity has the capacity to manage loan
        funds and issue debt instruments of the State for purposes of
        leveraging the funds;
            (3) allow such funds to be used as reserve for debt issued
        by the State so long as proceeds are deposited in the fund for
        loan purposes;
            (4) ensure that investment income generated by funds
        contributed to an account of the bank will be--
                    (A) credited to the account;
                    (B) available for use in providing loans to
                projects eligible for assistance from the account; and
                    (C) invested in United States Treasury securities,
                bank deposits, or such other financing instruments as
                the Secretary may approve to earn interest to enhance
                the leveraging of projects assisted by the bank;
            (5) ensure that any loan from the bank to an eligible
        charter school entity, local educational agency, public
        library, or community learning center will bear interest at or
        below the lowest interest rates being offered for bonds the
        income from which is exempt from Federal taxation, as
        determined by the State, to make the project that is the
        subject of the loan feasible;
            (6) ensure that repayment of any loan from the bank to an
        eligible charter school entity, local educational agency,
        public library, or community learning center will commence not
        later than 1 year after the project has been completed;
            (7) ensure that the term for repaying any loan to an
        eligible charter school entity, local educational agency,
        public library, or community learning center will not exceed 30
        years after the date of the first payment on the loan under
        paragraph (5);
            (8) ensure that the funds loaned annually that are used
        under subsection (a)(1)(C) are limited to a percentage of the
        total funds loaned that does not exceed the percentage of
        elementary and secondary school students in the State enrolled
        in charter schools during the most recent school year for which
        enrollment data are available;
            (9) ensure that the funds loaned annually under subsection
        (a)(1)(D) are used exclusively to connect and improve broadband
        services; and
            (10) require the bank to make an annual report to the
        Secretary on its status and make such other reports as the
        Secretary may require by guidelines.
    (d) Forms of Assistance From Infrastructure Banks.--
            (1) In general.--An infrastructure bank established under
        this section may make loans in an amount equal to all or part
        of the cost of carrying out a project eligible for assistance
        under this section.
            (2) Applications for loans.--An application to an
        infrastructure bank for a loan shall include--
                    (A) in the case of a renovation project, a
                description of each architectural, civil, structural,
                mechanical, or electrical deficiency to be corrected
                with funds under a loan and the priorities to be
                applied;
                    (B) a description of the criteria used by the
                applicant to determine the type of corrective action
                necessary for the renovation of a facility;
                    (C) a description of improvements to be made and a
                cost estimate for the improvements;
                    (D) a description of how work undertaken with the
                loan will promote the conservation of energy, water, or
                waste; and
                    (E) such other information as the infrastructure
                bank may require.
        An infrastructure bank shall take final action on a completed
        application submitted to it within 90 days after the date of
        its submission.
            (3) Criteria for loans.--In considering applications for a
        loan to an eligible charter school entity, local educational
        agency, public library, or community learning center, an
        infrastructure bank shall consider--
                    (A) the extent to which the eligible charter school
                entity, local educational agency, public library, or
                community learning center involved lacks the fiscal
                capacity, including the ability to raise funds through
                the full use of such agency's bonding capacity and
                otherwise, to undertake the project for which the loan
                would be used without the loan;
                    (B) in the case of a local educational agency, the
                threat that the condition of the physical plant in the
                project poses to the safety and well-being of students;
                    (C) the demonstrated need for the construction,
                reconstruction, or renovation based on the condition of
                the facility in the project;
                    (D) the age of such facility; and
                    (E) demonstrated need to connect and improve
                broadband services in the local community.
    (e) Qualifying Projects.--
            (1) In general.--Subject to subsection (a)(1), a project is
        eligible for a loan from an infrastructure bank if it is a
        project that consists of--
                    (A) the construction of new elementary or secondary
                schools to meet the needs imposed by enrollment growth;
                    (B) the repair, rebuilding, or upgrading of
                classrooms or structures related to academic learning,
                including the repair of leaking roofs, crumbling walls,
                inadequate plumbing, poor ventilation equipment, and
                inadequate heating or light equipment;
                    (C) an activity to increase physical safety at the
                educational facility involved;
                    (D) an activity to enhance the educational facility
                involved to provide access for students, teachers, and
                other individuals with disabilities;
                    (E) an activity to address environmental or health
                hazards at the educational facility involved, such as
                poor ventilation, indoor air quality, or lighting;
                    (F) the provision of basic infrastructure that
                facilitates educational technology, such as
                communications outlets, electrical systems, power
                outlets, or a communication closet;
                    (G) work that will bring an educational facility
                into conformity with the requirements of--
                            (i) environmental protection or health and
                        safety programs mandated by Federal, State, or
                        local law if such requirements were not in
                        effect when the facility was initially
                        constructed; and
                            (ii) hazardous waste disposal, treatment,
                        and storage requirements mandated by the
                        Resource Conservation and Recovery Act of 1976
                        or similar State laws;
                    (H) work that will enable efficient use of
                available energy resources;
                    (I) work that will reduce reliance on fossil fuels
                and expand use of solar power, wind power, and other
                renewable energy resources;
                    (J) work to detect, remove, or otherwise contain
                asbestos hazards in educational facilities;
                    (K) work to construct new public library facilities
                or repair or upgrade existing public library
                facilities;
                    (L) work to connect entities described in
                subsection (a)(1) to broadband services, and to improve
                such connections for such entities; or
                    (M) measures designed to reduce or eliminate human
                exposure to classroom noise and environmental noise
                pollution.
            (2) Davis-bacon.--The wage requirements of the Act of March
        3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a
        et seq.) shall apply with respect to individuals employed on
        the projects described in paragraph (1).
            (3) Green practices.--An entity using a loan under this
        section to fund a new construction or renovation project
        described in paragraph (1) shall ensure that the project is
        certified, verified, or consistent with State laws,
        regulations, and any applicable provisions of--
                    (A) the LEED Green Building Rating System;
                    (B) Living Building Challenge;
                    (C) the CHPS green building rating program
                developed by the Collaborative for High Performance
                Schools; or
                    (D) a program that--
                            (i) has equivalent or more stringent
                        standards;
                            (ii) is adopted by the State or another
                        jurisdiction with authority over the entity;
                        and
                            (iii) includes a verifiable method to
                        demonstrate compliance with such program.
    (f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available.
    (g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited towards the non-Federal share of the cost
of any project.
    (h) Secretarial Requirements.--In administering this section, the
Secretary of the Treasury shall specify procedures and guidelines for
establishing, operating, and providing assistance from an
infrastructure bank.
    (i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
    (j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
    (k) Program Administration.--For each of fiscal years 2015 through
2019, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
    (l) Secretarial Review.--The Secretary of the Treasury shall review
the financial condition of each infrastructure bank established under
this section and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
    (m) Authorization of Appropriations.--For grants to States for the
initial capitalization of infrastructure banks there are authorized to
be appropriated $500,000,000 for fiscal year 2015 and for each of the 4
succeeding fiscal years.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Community learning center.--The term ``community
        learning center'' has the meaning given such term in section
        4201(b)(1) of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 7171(b)(1)).
            (2) Eligible charter school entity.--The term ``eligible
        charter school entity'' means--
                    (A) a charter school (as defined in section 5210 of
                the Elementary and Secondary Education Act of 1965 (20
                U.S.C. 7221i)); or
                    (B) a developer (as so defined) that has applied to
                an authorized public chartering agency (as so defined)
                to operate a charter school.
            (3) Local educational agency.--(A) The term ``local
        educational agency'' means a public board of education or other
        public authority legally constituted within a State for either
        administrative control or direction of, or to perform a service
        function for, public elementary or secondary schools in a city,
        county, township, school district, or other political
        subdivision of a State, or for such combination of school
        districts or counties as are recognized in a State as an
        administrative agency for its public elementary or secondary
        schools.
            (B) The term includes any other public institution or
        agency having administrative control and direction of a public
        elementary or secondary school.
            (C) The term includes an elementary or secondary school
        funded by the Bureau of Indian Affairs but only to the extent
        that such inclusion makes such school eligible for programs for
        which specific eligibility is not provided to such school in
        another provision of law and such school does not have a
        student population that is smaller than the student population
        of the local educational agency receiving assistance under this
        Act with the smallest student population, except that such
        school shall not be subject to the jurisdiction of any State
        educational agency other than the Bureau of Indian Affairs.
            (4) Outlying area.--The term ``outlying area'' means the
        Virgin Islands, Guam, American Samoa, the Commonwealth of the
        Northern Mariana Islands, the Republic of the Marshall Islands,
        the Federated States of Micronesia, and the Republic of Palau.
            (5) Public library.--The term ``public library'' means a
        library that serves free of charge all residents of a
        community, district, or region, and receives its financial
        support in whole or in part from public funds. Such term also
        includes a research library, which, for the purposes of this
        sentence, means a library that--
                    (A) makes its services available to the public free
                of charge;
                    (B) has extensive collections of books,
                manuscripts, and other materials suitable for scholarly
                research which are not available to the public through
                public libraries;
                    (C) engages in the dissemination of humanistic
                knowledge through services to readers, fellowships,
                educational and cultural programs, publication of
                significant research, and other activities; and
                    (D) is not an integral part of an institution of
                higher education.
            (6) State.--The term ``State'' means each of the 50 States,
        the District of Columbia, the Commonwealth of Puerto Rico, and
        each of the outlying areas.

Output: Investing for Tomorrow's Schools Act of 2014 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states to establish state and multistate infrastructure banks that make loans to local educational agencies, public libraries, and charter schools or their developers to construct or renovate public elementary or secondary schools and public libraries. Requires loans also to community learning centers to connect and improve broadband services. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Directs the Secretary to make grants to such banks to provide initial capital for such loans. Requires states to contribute from nonfederal sources at least 25% of the amount of each federal capitalization grant made to the state and contributed to the bank. Lists types of projects eligible for such bank loans. Requires borrowers to use, to the maximum extent practicable, green construction or renovation practices that are consistent with: (1) Leadership in Energy and Environmental Design (LEED) green building rating standards, (2) Energy Star standards, (3) Collaborative for High Performance Schools (CHPS) criteria, (4) Green Building Initiative environmental design and rating standards (Green Globes), or (5) equivalent standards adopted by the entities that have jurisdiction over them.


Input:
SECTION 1. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST
              DISADVANTAGED COMMUNITIES.

    Section 629 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5197h) is amended to read as follows:

``SEC. 629. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST
              DISADVANTAGED COMMUNITIES.

    ``(a) In General.--The Director shall establish an emergency
preparedness demonstration program to research and promote the capacity
of disadvantaged communities to carry out programs to provide data,
information, and awareness education by providing grants to or
executing contracts or cooperative agreements with eligible nonprofit
organizations to establish and conduct such programs.
    ``(b) Activities Supported.--An eligible nonprofit organization may
use a grant, contract, or cooperative agreement awarded under this
section--
            ``(1) to conduct research into the status of emergency
        preparedness and disaster response awareness in households of
        disadvantaged individuals located in urban and rural
        communities, particularly in those States and regions most
        impacted by natural and manmade disasters and emergencies; and
            ``(2) to develop and promote awareness of emergency
        preparedness education programs within disadvantaged
        communities, including development and preparation of
        culturally competent educational and awareness materials that
        can be used to disseminate information to organizations and
        institutions serving disadvantaged individuals.
    ``(c) Eligible Organizations.--An organization shall be eligible to
be awarded a grant, contract, or cooperative agreement under this
section with respect to a program if the organization is a nonprofit
organization that is described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under
section 501(a) of such Code, whose primary mission is to provide
services to disadvantaged communities, and that can demonstrate a
partnership with a disadvantaged business enterprise, including
enterprises located in a HUBZone, with respect to the program.
    ``(d) Use of Funds.--A recipient of a grant, contract, or
cooperative agreement awarded under this section may only use the
proceeds of the grant, contract, or agreement to--
            ``(1) acquire expert professional services necessary to
        conduct research in disadvantaged communities, including
        African American and Hispanic communities;
            ``(2) develop and prepare informational materials to
        promote awareness among disadvantaged communities about
        emergency preparedness and how to protect their households and
        communities in advance of disasters;
            ``(3) establish consortia with national organizations
        serving disadvantaged individuals, institutions of higher
        education serving disadvantaged individuals, and faith-based
        institutions to disseminate information about emergency
        preparedness to disadvantaged communities; and
            ``(4) implement a joint project with an institution serving
        disadvantaged individuals, including a part B institution (as
        defined in section 322(2) of the Higher Education Act of 1965
        (20 U.S.C. 1061(2))), an institution described in subparagraph
        (A), (B), or (C) of section 326(e)(1) of that Act (20 U.S.C.
        1063b(e)(1)(A), (B), or (C)), and a Hispanic-serving
        institution (as defined in section 502(a)(5) of that Act (20
        U.S.C. 1101a(a)(5))).
    ``(e) Application and Review Procedure.--To be eligible to receive
a grant, contract, or cooperative agreement under this section, an
organization must submit an application to the Director at such time,
in such manner, and accompanied by such information as the Director may
reasonably require. The Director shall establish a procedure by which
to accept such applications.
    ``(f) Definitions.--In this section, the following definitions
apply:
            ``(1) Disadvantaged business enterprise.--The term
        `disadvantaged business enterprise' means a business enterprise
        owned and controlled by disadvantaged individuals.
            ``(2) Disadvantaged community.--The term `disadvantaged
        community' means a community predominately populated by
        disadvantaged individuals.
            ``(3) Disadvantaged individual.--The term `disadvantaged
        individual' means a socially or economically disadvantaged
        individual as defined by section 8(a) of the Small Business Act
        (15 U.S.C. 637(a)).
            ``(4) HUBZone.--The term `HUBZone' has the meaning given
        such term in section 3(p) of the Small Business Act (15 U.S.C.
        632(p)).
    ``(g) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2004 through 2007. Such sums shall remain available
until expended.''.

Output:
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to change the eligibility standard for assistance under the emergency preparedness demonstration program established by such Act from "minority communities" to "disadvantaged communities."

Defines "disadvantaged communities" as a communities predominantly populated by socially or economically disadvantaged individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities.