Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Morris K. Udall Parkinson's Disease
Research Act Amendments of 2005''.

SEC. 2. MORRIS K. UDALL PARKINSON'S DISEASE RESEARCH ACT OF 1997.

    (a) Findings.--Subsection (b) of section 603 of the Morris K. Udall
Parkinson's Disease Research Act of 1977 (42 U.S.C. 284f note) is
amended by striking paragraph (1) and inserting the following:
            ``(1) Finding.--Congress finds that, to take full advantage
        of the tremendous potential for finding a cure or effective
        treatment, the Federal investment in Parkinson's must be
        expanded, as well as the coordination strengthened among the
        National Institutes of Health research institutes.''.
    (b) Public Health Service Act.--Section 409B of the Public Health
Service Act (42 U.S.C. 284f) is amended--
            (1) in subsection (b), by striking paragraph (2) and
        inserting the following:
            ``(2) Conference.--
                    ``(A) In general.--The Director of NIH shall
                convene a coordinating and planning conference every 2
                years with relevant institutes and non-governmental
                organizations to conduct a thorough investigation of
                all Parkinson's research that is funded in whole or in
                part by the National Institutes of Health and to
                identify shortcomings and opportunities for more
                effective treatments and a cure for Parkinson's
                disease. The Director shall report to Congress on the
                coordination among the institutes in carrying out such
                research.
                    ``(B) Research investment plan.--
                            ``(i) In general.--The results of each
                        conference convened under subparagraph (A)
                        shall be included in a research investment plan
                        that provides for measurable results with the
                        goals of better treatments and a cure for
                        Parkinson's disease being the determining
                        factors in the allocation of Parkinson's
                        disease research dollars. The plan shall
                        include an outline of the manner in which to
                        fully utilize the Udall Center program to
                        ensure the continuation of a particular focus
                        on translational research, including a clinical
                        component.
                            ``(ii) Budget and implementation
                        strategy.--The plan submitted under clause (i)
                        shall include a budget (that includes both
                        programmatic and dollar line items) and
                        implementation strategy (that incorporates the
                        use of special initiatives such as Requests for
                        Applications, Program Announcements with set-
                        asides or similar directed research mechanisms)
                        together with results to be reported back to
                        Congress.
                    ``(C) Submissions to congress.--The plan under
                subparagraph (B) (including the budget and
                implementation strategy) and the expected results of
                plan implementation shall be submitted to Congress not
                later than 3 months after the conference is convened
                under subparagraph (A). Reports on the outcomes of the
                plan, including actual spending and actual results,
                shall be submitted to Congress on an annual basis.
                    ``(D) Funding.--The Secretary shall ensure that
                adequate funding is available under this section to
                carry out the activities described in the investment
                plan under subparagraph (B).'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``not more than 10''; and
                            (ii) by adding at the end the following:
                        ``The Director shall ensure that an additional
                        center shall be funded under this paragraph to
                        serve as the coordinating center to coordinate
                        the activities conducted by each of the centers
                        funded under this paragraph to further focus
                        and manage the interdisciplinary efforts of
                        such centers.'';
                    (B) in paragraph (2)(A)(ii), by striking ``conduct
                basic and clinical research'' and inserting ``in
                carrying out research, ensure that a significant
                clinical component is provided for in addition to
                ongoing basic research''; and
                    (C) by adding at the end the following:
            ``(5) Review process.--The Director of NIH shall establish
        a review process with respect to applications received for
        grants under paragraph (1). Such process shall provide for the
        evaluation of applicants in a manner that recognizes the unique
        aspects of the clinical, coordination, and multidisciplinary
        components of the applicants.'';
            (3) in subsection (d)--
                    (A) by striking ``is authorized to establish a
                grant program'' and inserting ``shall award grants'';
                and
                    (B) by inserting before the period at the end the
                following: ``and shall be awarded in a manner
                consistent with the research investment plan under
                subsection (b)(2)(B)''; and
            (4) by striking subsection (e) and inserting the following:
    ``(e) Report.--The Director of NIH, in consultation with the
Director of the Centers for Disease Control and Prevention, shall
conduct an investigation, and prepare and submit to the appropriate
committees of Congress a report, on the incidence of Parkinson's
disease, including age, occupation, and geographic population clusters,
and related environmental factors relating to such disease.
    ``(f) Authorization of Appropriations.--For the purposes of
carrying out this section, section 301, and this title with respect to
research focused on Parkinson's disease, there are authorized to be
appropriated not to exceed such sums as may be necessary for each of
fiscal years 2007 through 2012.''.

Output:
Morris K. Udall Parkinson's Disease Research Act Amendments of 2005 - Amends the Public Health Service Act to revise provisions regarding a research planning conference required to be convened by the Director of the National Institutes of Health (NIH) to require such conference to: (1) investigate Parkinson's research funded by NIH; and (2) identify shortcomings and opportunities for more effective treatments and a cure for Parkinson's disease.

Requires the result of each conference to be included in a research investment plan that also: (1) provides for measurable results with the goals of better treatments and a cure for Parkinson's disease determining the allocation of research dollars; (2) includes an outline of how to fully utilize the Udall Center program; and (3) includes a budget and implementation strategy.

Requires the Secretary of Health and Human Services to ensure adequate funding to carry out activities described in the investment plan.

Requires the Director to ensure funding for an additional Morris K. Udall research center to coordinate activities conducted by, and manage the interdisciplinary efforts of, the other centers. Requires each research center to ensure that there is a significant clinical component and ongoing basic research. Requires the Director to establish an application review process for grants to fund such research centers. Directs (currently, allows) the Director to award grants to support qualified investigators with potential for significant future Parkinson's disease breakthroughs.

Requires the Director to investigate and report to Congress on the incidence of Parkinson's disease.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quadrennial Homeland Security Review
Technical Correction Act of 2016''.

SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
            (1) in subsection (a)(3)--
                    (A) in subparagraph (B), by striking ``and'';
                    (B) by redesignating subparagraph (C) as
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the
                following new subparagraph (C):
                    ``(C) representatives from appropriate advisory
                committees established pursuant to section 871 of this
                Act, including the Homeland Security Advisory Council
                and the Homeland Security Science and Technology
                Advisory Committee, or otherwise established, including
                the Aviation Security Advisory Committee established
                pursuant to section 44946 of title 49, United States
                Code; and'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by inserting before the
                semicolon at the end the following: ``based on the risk
                assessment required pursuant to subsection (c)(2)(B)'';
                    (B) in paragraph (3)--
                            (i) by inserting ``, to the extent
                        practicable,'' after ``describe''; and
                            (ii) by striking ``budget plan'' and
                        inserting ``resources required'';
                    (C) in paragraph (4)--
                            (i) by inserting ``, to the extent
                        practicable,'' after ``identify'';
                            (ii) by striking ``budget plan required to
                        provide sufficient resources to successfully''
                        and inserting ``resources required to''; and
                            (iii) by striking the semicolan after
                        ``paragraph (2)'' and inserting ``, including
                        any resources identified from redundant,
                        wasteful, or unnecessary capabilities and
                        capacities that can be redirected to better
                        support other existing capabilities and
                        capacities; and'';
                    (D) in paragraph (5), by striking ``; and'' and
                inserting a period; and
                    (E) by striking paragraph (6);
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``December 31 of the year''
                        and inserting ``60 days after the date of the
                        submittal of the President's budget for the
                        fiscal year after the fiscal year''; and
                            (ii) by striking ``conducted'' and
                        inserting ``required under subsection (a)(1)'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking
                        ``description of the threats to'' and inserting
                        ``risk assessment of'';
                            (ii) in subparagraph (C), by inserting ``,
                        as required under subsection (b)(2)'' before
                        the semicolon at the end;
                            (iii) in subparagraph (D), by inserting
                        ``to the extent practicable,'' before ``a
                        description'';
                            (iv) in subparagraph (F)--
                                    (I) by inserting ``to the extent
                                practicable,'' before ``a discussion'';
                                and
                                    (II) by striking ``the status of'';
                            (v) in subparagraph (G)--
                                    (I) by inserting ``to the extent
                                practicable,'' before ``a discussion'';
                                    (II) by striking ``the status of'';
                                    (III) by inserting ``and risks''
                                before ``to national homeland''; and
                                    (IV) by inserting ``and'' after the
                                semicolon;
                            (vi) by striking subparagraph (H); and
                            (vii) by redesignating subparagraph (I) as
                        subparagraph (H);
                    (C) by redesignating paragraph (3) as paragraph
                (4); and
                    (D) by inserting after paragraph (2) the following
                new paragraph (3):
            ``(3) Documentation.--The Secretary shall retain and, upon
        request, provide to Congress the following documentation
        regarding the quadrennial homeland security review:
                    ``(A) Records regarding the consultation carried
                out the pursuant to subsection (a)(3), including--
                            ``(i) all written communications, including
                        communications sent out by the Secretary and
                        feedback submitted to the Secretary through
                        technology, online communications tools, in-
                        person discussions, and the interagency
                        process; and
                            ``(ii) information on how feedback received
                        by the Secretary informed the quadrennial
                        homeland security review.
                    ``(B) Information regarding the risk assessment, as
                required under subsection (c)(2)(B), including--
                            ``(i) the risk model utilized to generate
                        the risk assessment;
                            ``(ii) information, including data used in
                        the risk model, utilized to generate the risk
                        assessment;
                            ``(iii) sources of information, including
                        other risk assessments, utilized to generate
                        the risk assessment; and
                            ``(iv) information on assumptions, weighing
                        factors, and subjective judgments utilized to
                        generate the risk assessment, together with
                        information on the rationale or basis
                        thereof.''; and
            (4) by adding at the end the following new subsection:
    ``(e) Review.--Not later than 90 days after the submission of the
report pursuant to subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the review were integrated into the
acquisition strategy and expenditure plans for the Department.''.
    (b) Effective Date.--The amendments made by this Act shall apply
with respect to a quadrennial homeland security review required to be
submitted after December 31, 2017.

            Passed the House of Representatives July 11, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: (This measure has not been amended since it was reported to the House on July 5, 2016.  Quadrennial Homeland Security Review Technical Correction Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to make technical corrections regarding quadrennial homeland security reviews. The bill includes among the entities with whom the Department of Homeland Security (DHS) is required to consult in conducting each review appropriate advisory committees established pursuant to such Act or otherwise, including the Homeland Security Advisory Council, the Homeland Security Science and Technology Advisory Committee, and the Aviation Security Advisory Committee.  DHS's outline and prioritization of the full range of critical homeland security mission areas of the nation for each review must be based on a risk assessment of the nation's homeland security interests.  Each review shall include a description of: (1) the resources required for the homeland security program (currently, a budget plan for such program); and (2) the resources required to execute the missions called for in the homeland security strategy and the homeland security mission areas (currently, a budget plan for such resources), including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities. DHS must submit the report on each review within 60 days after the date of submittal of the President's budget for the fiscal year after the fiscal year in which such a review is required (currently by December 31 of the year in which the review is conducted). The bill repeals requirements that DHS review and assess the effectiveness of the mechanisms of DHS for executing the process of turning the requirements developed in each review into an acquisition strategy and expenditure plan. But DHS must provide information on the degree to which the findings and recommendations developed in each review were integrated into DHS's acquisition strategy and expenditure plans. DHS must retain and, upon request, provide specified documentation regarding each review, including: (1) records regarding the consultation carried out, and (2) information regarding the risk assessment of the nation's homeland security interests. This bill shall apply to each quadrennial homeland security review required to be submitted after December 31, 2017.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 1997''.

SEC. 2. DECLARATION OF PURPOSE AND POLICY.

    The Congress declares that the following is the policy of the
United States:
            (1) Labor-management relationships and partnerships are
        based on trust, mutual respect, open communications, bilateral
        and consensual problem solving, and shared accountability.
        Dispute resolution procedures are fair, determinative, simple,
        fast and inexpensive, and effectively and swiftly deal with
        issues. Labor-management cooperation fully utilizes the
        strengths of both parties to best serve the interests of the
        public, operating as a team to carry out the public safety
        mission in a quality work environment. In many public safety
        agencies it is the union that provides the institutional
        stability as elected leaders and appointees come and go.
            (2) The health and safety of the Nation and the best
        interest of public safety employers and employees can be best
        protected by the settlement of issues through the processes of
        collective bargaining.
            (3) The Federal Government shall make available
        governmental facilities for conciliation, mediation, and
        voluntary arbitration to aid and encourage employers and the
        representatives of their employees to reach and maintain
        agreements concerning rates of pay, hours, and working
        conditions, and to make all reasonable efforts to settle their
        differences by mutual agreement reached through collective
        bargaining or by such methods as may be provided for in any
        applicable agreement for the settlement of disputes.
            (4) Certain controversies which arise involving collective
        bargaining agreements may be avoided or minimized through
        mediations and conciliation.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Director'' means the Director of the Federal
        Mediation and Conciliation Service.
            (2) The term ``public safety officer'' means an employee of
        a public safety agency who is a law enforcement officer, a
        firefighter, or emergency medical services personnel. The term
        includes an individual who is temporarily transferred to a
        supervisory or administrative position, but does not include a
        permanent management or supervisory employee.
            (3) The term ``firefighter'' means an individual employed
        in a fire department who--
                    (A) primarily performs work directly related to the
                control and extinguishment of fires;
                    (B) is responsible for the maintenance and use of
                firefighting apparatus and equipment, fire prevention
                and investigation, communications and dispatch; or
                    (C) provides emergency medical care.
            (4) The term ``law enforcement officer'' means a member of
        a law enforcement agency serving in a law enforcement position,
        which is usually indicated by formal training (regardless of
        whether the officer has completed or been assigned to such
        training) and usually accompanied by the power to make arrests.
            (5) The term ``emergency medical services personnel'' means
        an individual who provides out-of-hospital emergency medical
        care, including an emergency medical technician, paramedic, or
        first responder.
            (6) The term ``law enforcement agency'' means a State or
        local public agency that is charged by law with the duty to
        prevent or investigate crimes or apprehend or hold in custody
        persons charged with or convicted of crimes.
            (7) The term ``management or supervisory employee''
        includes any public safety personnel exempted from the
        provisions of chapter 8 of title 29, United States Code.
            (8) The terms ``employer'' and ``public safety employer''
        mean any State, political subdivision of a State, the District
of Columbia, or any territory or possession of the United States.

SEC. 4. RIGHT OF PUBLIC SAFETY OFFICERS TO ORGANIZE AND BARGAIN
              COLLECTIVELY.

    (a) Minimum Procedures.--To be exempt from the requirements of
section 5, a State shall--
            (1) grant public safety employees the right to form and
        join a labor organization which does not include management and
        supervisory employees and which is, or seeks to be, recognized
        as the exclusive bargaining agent of such employees;
            (2) require public safety employers to recognize the
        employees' labor organization (freely chosen by a majority of
        the employees), agree to bargain with the labor organization,
        and to commit any agreements to writing in a contract or
        memorandum of understanding;
            (3) allow bargaining over hours, wages, terms, and
        conditions of employment;
            (4) prohibit bargaining over issues which are inherent
        management functions;
            (5) protect all existing collective bargaining agreements,
        memoranda of understanding, certifications, recognitions, and
        elections;
            (6) require fact finding in the event of an interest
        impasse;
            (7) allow the parties voluntarily to agree to submit
        disagreements to arbitration;
            (8) require enforcement through State courts of all rights,
        responsibilities, and protections provided in this section and
        of any written contract or memorandum of understanding; and
            (9) prohibit strikes and lockouts.
    (b) Determination.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Director of the Federal Mediation
        and Conciliation Service shall issue a determination as to
        whether a State meets the requirements of subsection (a).
            (2) Subsequent determinations.--After the expiration of the
        180-day period referred to in paragraph (1), an employer or
        labor organization may request the Director of the Federal
        Mediation and Conciliation Service to determine whether the
        State meets the requirements of subsection (a). The Director
        shall issue such a determination not later than 30 days after
        written receipt of such a request.
            (3) Failure to meet requirements.--A State that does not
        meet or exceed the requirements of subsection (a) shall be
        subject to the regulations and procedures described in section
        5.

SEC. 5. FEDERAL MEDIATION AND CONCILIATION.

    (a) In General.--Not later than one year after the date of the
enactment of this Act, the Director of the Federal Mediation and
Conciliation Service shall issue regulations establishing collective
bargaining procedures for public safety employers and employees in
States that are not granted an exemption under section 4.
    (b) Role of FMCS.--The regulations described in subsection (a)
shall incorporate the rights and responsibilities in section 4(a), and
shall use the services of the Federal Mediation and Conciliation
Service. The Federal Mediation and Conciliation Service shall have the
same authority as a State Labor Relations Board, or in a case where no
such Board exists, the National Labor Relations Board, for public
safety employers and employees covered under this Act.
    (c) Enforcement.--A public safety employer, employee, and labor
organization each shall have the right to seek enforcement of this
section through appropriate State courts.

SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

    A public safety employer, employee, or labor organization may not
engage in lockouts or strikes.

SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.

    A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) in effect on the day before the date of
enactment of this Act shall not be invalidated by enactment of this
Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.

Output:
Public Safety Employer-Employee Cooperation Act of 1997 - Provides collective bargaining rights for public safety officers employed by States or local governments.
Requires States to grant public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees.  Specifies related requirements for public safety employers.
Requires the Director the Federal Mediation and Conciliation Service (FMCS) to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that fail to comply with the requirements of this Act.  Gives the FMCS the same authority as a State Labor Relations Board (or of the National Labor Relations Board where no such State Board exists) for public safety employers and employees covered by this Act.  Grants a public safety employer, employee, or labor organization the right to seek enforcement of such regulations through appropriate State courts.
Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes.
Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internal Revenue Service
Accountability Act''.

SEC. 2. CRIMINAL PENALTY FOR CERTAIN UNAUTHORIZED ACTIONS.

    (a) In General.--Section 7214 of the Internal Revenue Code of 1986
(relating to offenses by officers and employees of the United States)
is amended--
            (1) by striking ``or'' at the end of paragraph (8),
            (2) by adding ``or'' at the end of paragraph (9),
            (3) by inserting after paragraph (9) the following new
        paragraph:
            ``(10) who willfully and maliciously disregards such law,
        or any regulation promulgated under such law, relating to any
        proceeding against any taxpayer;'', and
            (4) by striking ``$10,000, or imprisoned not more than 5
        years, or both'' and inserting ``$10,000 ($1,000, in the case
        of an offense under paragraph (10)), or imprisoned not more
        than 5 years (1 year, in the case of an offense under paragraph
        (10), or both''.
    (b) Effective Date.--The amendments made by this section shall
apply to actions by officers or employees after the date of the
enactment of this Act.

SEC. 3. INTERNAL REVENUE SERVICE EMPLOYEES PERSONALLY LIABLE FOR
              DAMAGES AND LITIGATION COSTS IN CERTAIN CASES.

    (a) Litigation Costs.--Section 7430 of the Internal Revenue Code of
1986 (relating to awarding of costs and certain fees) is amended by
adding at the end the following new subsection:
    ``(g) Personal Liability of Internal Revenue Service Officers and
Employees in Certain Cases.--
            ``(1) In general.--In any proceeding in which the
        prevailing party is awarded a judgment for reasonable
        litigation costs under this section, the court may assess a
        portion of such costs against any Internal Revenue Service
        officer or employee (and such officer or employee shall not be
        reimbursed by the United States for the costs so assessed) if
        the court determines that such proceeding resulted from any
        arbitrary, capricious, or malicious act of such officer or
        employee. For purposes of this section, the term `officer or
        employee' includes a former officer or employee.
            ``(2) Representation of officer or employee.--Upon the
        request of any Internal Revenue Service officer or employee,
        such officer or employee may be represented by the United
        States in any proceeding with respect to the issue of whether
        there is to be an assessment against such officer or employee
        under paragraph (1). If, in any case in which such an officer
        or employee is so represented by the United States, it is
        finally determined that such officer or employee is liable for
        an assessment under paragraph (1), such officer or employee
        shall also be liable to repay the United States for the costs
        of its representation under this paragraph.''.
    (b) Civil Damages and Court Costs for Failure To Release Lien.--
Section 7432 of the Internal Revenue Code of 1986 (relating to civil
damages for failure to release lien) is amended by adding at the end
the following new subsection:
    ``(f) Personal Liability of Internal Revenue Service Officers and
Employees in Certain Cases.--
            ``(1) In general.--In any proceeding in which the
        prevailing plaintiff is awarded a judgment under this section
        for damages described in subsection (b), the court may assess a
        portion of such damages against any Internal Revenue Service
        officer or employee (and such officer or employee shall not be
        reimbursed by the United States for the damages so assessed) if
        the court determines that such proceeding resulted from any
        arbitrary, capricious, or malicious act of such officer or
        employee. For purposes of this section, the term `officer or
        employee' includes a former officer or employee.
            ``(2) Representation of officer or employee.--Upon the
        request of any Internal Revenue Service officer or employee,
        such officer or employee may be represented by the United
        States in any proceeding with respect to the issue of whether
        there is to be an assessment against such officer or employee
        under paragraph (1). If, in any case in which such an officer
        or employee is so represented by the United States, it is
        finally determined that such officer or employee is liable for
        an assessment under paragraph (1), such officer or employee
        shall also be liable to repay the United States for the costs
        of its representation under this paragraph.''.
    (c) Civil Damages and Court Costs for Certain Unauthorized
Collection Actions.--Section 7433 of the Internal Revenue Code of 1986
(relating to civil damages for certain unauthorized collection actions)
is amended by adding at the end the following new subsection:
    ``(e) Personal Liability of Internal Revenue Service Officers and
Employees in Certain Cases.--
            ``(1) In general.--In any proceeding in which the
        prevailing plaintiff is awarded a judgment for damages
        described in subsection (b), the court may assess a portion of
        such damages against any Internal Revenue Service officer or
        employee (and such officer or employee shall not be reimbursed
        by the United States for the damages so assessed) if the court
        determines that such proceeding resulted from any arbitrary,
        capricious, or malicious act of such officer or employee. For
        purposes of this section, the term `officer or employee'
        includes a former officer or employee.
            ``(2) Representation of officer or employee.--Upon the
        request of any Internal Revenue Service officer or employee,
        such officer or employee may be represented by the United
        States in any proceeding with respect to the issue of whether
        there is to be an assessment against such officer or employee
        under paragraph (1). If, in any case in which such an officer
        or employee is so represented by the United States, it is
        finally determined that such officer or employee is liable for
        an assessment under paragraph (1), such officer or employee
        shall also be liable to repay the United States for the costs
        of its representation under this paragraph.''.
    (d) Effective Date.--The amendments made by this section shall
apply in the case of proceedings commenced after the date of the
enactment of this Act.

SEC. 4. PROTECTING THE PRIVACY OF TAXPAYERS.

    (a) Civil Penalty for Unauthorized Access of Returns and Return
Information.--Section 7431 of the Internal Revenue Code of 1986
(relating to civil damages for unauthorized disclosure of returns and
return information) is amended--
            (1) by inserting ``or accesses'' after ``discloses'' in
        subsection (a)(1),
            (2) by inserting ``or Access'' after ``Disclosure'' in the
        heading for subsection (a)(1),
            (3) by inserting ``(or former officer or employee)'' after
        ``officer or employee'' both places it appears in subsection
        (a),
            (4) by inserting ``or access'' after ``disclosure'' each
        place it appears in subsections (b), (c)(1), and (d),
            (5) by inserting ``the earlier of notification to or''
        after ``after the date of'' in subsection (d), and
            (6) by inserting ``or access'' after ``disclosure'' in the
        heading.
    (b) Criminal Penalty for Unauthorized Access of Returns and Return
Information.--Section 7213(a)(1) of the Internal Revenue Code of 1986
(relating to Federal employees and other persons) is amended--
            (1) by striking ``this paragraph'' and inserting ``this
        subparagraph'',
            (2) by striking ``It shall be unlawful'' and inserting the
        following:
                    ``(A) Disclosure.--It shall be unlawful'', and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Access.--It shall be unlawful for any
                officer, employee, or other person described in
                subparagraph (A) willfully to access without
                authorization any return or return information (as
                defined in section 6103(b)). Any violation of this
                subparagraph shall be punishable by dismissal from
                office or discharge from employment and, further, shall
                be a misdemeanor punishable upon conviction by a fine
                in any amount not exceeding $1,000, or imprisonment of
                not more than 1 year, or both, together with costs of
                prosecution, and, if necessary, by dismissal from
                office or discharge from employment.''.
    (c) Notification of Unauthorized Access.--Section 6103 of the
Internal Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information) is amended by
redesignating subsection (q) as subsection (r) and by inserting after
subsection (p) the following new subsection:
    ``(q) Unauthorized Access Prohibited.--
            ``(1) In general.--Except as authorized by this title, no
        officer or employee (or former officer or employee) of the
        United States shall access any return or return information.
            ``(2) Notification.--Upon discovery that a taxpayer's
        return or return information has been accessed in violation of
        paragraph (1), the taxpayer shall be notified immediately.''.
    (d) Conforming Amendment.--The table of sections for subchapter B
of chapter 76 of the Internal Revenue Code of 1986 is amended by
inserting ``or access'' after ``disclosure'' in the item relating to
section 7431.
    (e) Effective Date.--The amendments made by this section shall
apply to actions by officers or employees after the date of the
enactment of this Act.

SEC. 5. LIMITATIONS ON EXAMINATIONS.

    (a) In General.--Section 7602 of the Internal Revenue Code of 1986
(relating to examination of books and witnesses) is amended by adding
at the end the following new subsection:
    ``(d) Limitations on Authority To Examine.--In taking any action
under subsection (a), the Secretary--
            ``(1) shall demonstrate, upon demand of any person
        described in subsection (a), reasonable justification (and not
        random selection) for initiating an examination of a return,
        and
            ``(2) shall not--
                    ``(A) initiate an examination of a return or issue
                of a return if such return or issue of a return has
                previously been examined, or
                    ``(B) extend back an examination under subsection
                (a), once initiated, beyond a 3-taxable-year period
                ending on the day before the beginning of the taxable
                year which includes the date of initiation,
        except upon court approval if in the course of an investigation
        into possible criminal activity.''.
    (b) Effective Date.--The amendment made by this section shall apply
to examinations initiated after the date of the enactment of this Act.

SEC. 6. EXTENSION OF TIME TO PAY TAX AFTER NOTICE AND DEMAND.

    (a) In General.--Section 6651(a)(3) of the Internal Revenue Code of
1986 (relating to addition to the tax) is amended by striking ``21
calendar days'' and inserting ``90 calendar days''.
    (b) Effective Date.--The amendment made by this section shall apply
to notices and demands given after the date of the enactment of this
Act.

SEC. 7. ENSURING THE INTEGRITY OF JUDICIAL PROCEEDINGS.

    (a) In General.--Subchapter B of chapter 76 of the Internal Revenue
Code of 1986 (relating to proceedings by taxpayers and third parties)
is amended by redesignating section 7436 as section 7437 and by
inserting after section 7435 the following new section:

``SEC. 7436. DECLARATORY JUDGMENTS RELATING TO SECRETARIAL
              NONACQUIESCENCE.

    ``In a case of actual controversy involving the Secretary's
decision to not acquiesce with respect to conclusions of law in
identical or similar cases to a case or cases previously decided within
the same court jurisdiction or appellate circuit, upon the filing of an
appropriate pleading and the exhaustion of administrative remedies
available to the petitioner within the Internal Revenue Service, the
district court for such jurisdiction may make a declaration with
respect to the Secretary's decision. Any such declaration shall have
the force and effect of a final judgment or decree of the district
court and shall be reviewable as such.''.
    (b) Conforming Amendment.--The table of sections for such
subchapter B is amended by striking the item relating to section 7436
and inserting the following new items:

                              ``Sec. 7436. Declaratory judgments
                                        relating to secretarial
                                        nonacquiescence.
                              ``Sec. 7437. Cross references.''.
    (c) Effective Date.--The amendments made by this section shall
apply to court proceedings initiated after the date of the enactment of
this Act.

SEC. 8. LIMITATIONS ON ASSET SEIZURES AND LEVIES.

    (a) In General.--Section 6331(a) of the Internal Revenue Code of
1986 (relating to levy and distraint) is amended by inserting ``, upon
the consent of an appropriate court,'' after ``it shall be lawful for
the Secretary''.
    (b) Effective Date.--The amendment made by this section shall apply
to levies initiated after the date of the enactment of this Act.

SEC. 9. NO INTEREST ON PENALTIES, ADDITIONAL AMOUNTS, AND ADDITIONS TO
              TAX.

    (a) In General.--Section 6601(e)(2) of the Internal Revenue Code of
1986 (relating to applicable rules) is amended to read as follows:
            ``(2) No interest on penalties, additional amounts, and
        additions to tax.--Interest shall not be imposed under
subsection (a) in respect of any assessable penalty, additional amount,
or addition to tax.''.
    (b) Effective Date.--The amendment made by this section shall apply
to notices and demands given after the date of the enactment of this
Act.

SEC. 10. INTEREST RATE FOR OVERPAYMENTS TO EQUAL RATE FOR
              UNDERPAYMENTS.

    (a) In General.--Section 6621(a) of the Internal Revenue Code of
1986 (relating to determination of rate of interest) is amended to read
as follows:
    ``(a) General Rule.--The overpayment rate and the underpayment rate
established under this section shall be the Federal short-term rate
determined under subsection (b).''.
    (b) Conforming Amendment.--Section 6621 of the Internal Revenue
Code of 1986 (relating to determination of rate of interest) is amended
by striking subsection (c).
    (c) Effective Date.--The amendments made by this section shall
apply for purposes of determining interest to periods after the date of
the enactment of this Act.

SEC. 11. FAIRNESS WHEN COLLECTING A TAX DUE TO MATHEMATICAL AND
              CLERICAL ERRORS.

    (a) In General.--Section 6404(d) of the Internal Revenue Code of
1986 (relating to abatements) is amended to read as follows:
    ``(d) Abatement of Interest, Penalty, Additional Amount, and
Addition to Tax Attributable to Certain Mathematical or Clerical
Errors.--In the case of an assessment of additional tax attributable to
a mathematical or clerical error (as defined in section 6213(g)(2)),
the Secretary shall abate any interest, penalty, additional amount, and
addition to tax with respect to such assessment if, within 60 days
after notice of such assessment is sent under section 6213(b)(1) by
certified mail or registered mail, the taxpayer pays, or files a
request for an abatement of, such assessment.''.
    (b) Effective Date.--The amendment made by this section shall apply
to notices filed after the date of the enactment of this Act.

Output:
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to impose a fine or imprisonment upon any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer.
Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee.  Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs.  Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions.
Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification.
Requires reasonable justification (not random selection) for examining a return.  Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years.
Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown.
Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases.
Requires court consent for a levy to collect a tax.
Prohibits interest on assessable penalties, additional amounts, or additions to tax.
Sets the interest rate for overpayments and underpayments (the same rate for both).
Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving American Privacy Act of
2013''.

SEC. 2. USE OF UNMANNED AIRCRAFT SYSTEMS.

    (a) In General.--Part II of title 18, United States Code, is
amended by inserting after chapter 205 the following:

            ``CHAPTER 205A--USE OF UNMANNED AIRCRAFT SYSTEMS

``3119a. Definitions.
``3119b. Use of public unmanned aircraft systems.
``3119c. Use of covered information as evidence.
``3119d. Administrative discipline.
``3119e. Reporting.
``3119f. Private use of unmanned aircraft systems.
``3119g. Application with other Federal laws.
``3119h. Ban on weaponization.
``3119i. Rule of construction regarding State laws on unmanned aircraft
                            system usage.
``Sec. 3119a. Definitions
    ``In this Act:
            ``(1) Court of competent jurisdiction.--The term `court of
        competent jurisdiction' includes--
                    ``(A) any district court of the United States
                (including a magistrate judge of such a court) or any
                United States court of appeals that--
                            ``(i) has jurisdiction over the offense
                        being investigated;
                            ``(ii) is in a district in which the public
                        unmanned aircraft system is located or where
                        the public unmanned aircraft system is being or
                        sought to be operated; or
                            ``(iii) is acting on a request for foreign
                        assistance pursuant to section 3512 of title
                        18, United States Code; or
                    ``(B) a court of general criminal jurisdiction of a
                State authorized by the law of that State to issue
                search warrants.
            ``(2) Covered information.--The term `covered information'
        means--
                    ``(A) information that is reasonably likely to
                enable identification of an individual; or
                    ``(B) information about an individual's property
                that is not in plain view.
            ``(3) Governmental entity.--The term `governmental entity'
        means a department or agency of the United States or any State
        or political subdivision thereof.
            ``(4) Public unmanned aircraft system.--The term `public
        unmanned aircraft system' has the meaning given such term in
        section 331 of the FAA Modernization and Reform Act of 2012 (49
        U.S.C. 40101 note).
            ``(5) State.--The term `State' means any State of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, and any territory or possession of the United
        States.
            ``(6) Unmanned aircraft system.--The term `unmanned
        aircraft system' has the meaning given such term in section 331
        of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
        40101 note).
``Sec. 3119b. Use of public unmanned aircraft systems
    ``(a) Application.--A governmental entity shall operate any public
unmanned aircraft system only in accordance with this Act.
    ``(b) Minimization.--In operating a public unmanned aircraft system
or disclosing any covered information collected by such operation, a
governmental entity shall minimize, to the maximum extent practicable,
the collection or disclosure of such covered information.
    ``(c) Data Collection Statement Required.--
            ``(1) Concurrent with an application for a certificate or
        license to operate a public unmanned aircraft system in the
        national airspace, a governmental entity shall submit to the
        Attorney General a data collection statement, in such form and
        manner as the Attorney General may by rule require, that
        describes--
                    ``(A) the purpose for which the public unmanned
                aircraft system will be used;
                    ``(B) whether the public unmanned aircraft system
                is capable of collecting covered information;
                    ``(C) the length of time for which the collected
                covered information will be retained;
                    ``(D) an individual point of contact for citizen
                feedback;
                    ``(E) the particular unit of the governmental
                entity responsible for safe and appropriate operation
                of the public unmanned aircraft system;
                    ``(F) the rank and title of the individual who may
                authorize the operation of the public unmanned aircraft
                system;
                    ``(G) the applicable data minimization policies
                barring the collection of covered information unrelated
                to the investigation of crime and requiring the
                destruction of covered information that is no longer
                relevant to the investigation of a crime; and
                    ``(H) the applicable audit and oversight procedures
                that ensure governmental entities and those acting on
                their behalf use the unmanned aircraft system only as
                authorized, within the scope of the data collection
                statement, and in compliance with data minimization
                policies.
            ``(2) The applicant is responsible for submitting to the
        Attorney General updates to the data collection statement.
            ``(3) The Attorney General may request that the Secretary
        of Transportation revoke the certificate or license to operate
        the public unmanned aircraft system in the national airspace if
        the operator's activity contravenes the data collection
        statement disclosures required in paragraph (1).
            ``(4) Not later than 6 months after the date of enactment
        of this Act, the Attorney General shall issue regulations to
        establish a database, that is publicly accessible via
        electronic means, indexing the certificates or licenses and the
        associated data collection statements described in this
        subsection for public unmanned aircraft systems operated within
        the national airspace.
``Sec. 3119c. Use of covered information as evidence
    ``(a) In General.--Covered information that a governmental entity
collects by operation of a public unmanned aircraft system, and
evidence derived from such covered information, may not be received as
evidence against an individual in any trial, hearing, or other
proceeding in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other authority of
the United States, a State, or a political subdivision thereof, unless
such operation and collection, or disclosure of such covered
information is in accordance with this Act.
    ``(b) Prohibition on Use for Law Enforcement Purposes.--Except as
provided in subsection (c), a governmental entity may not--
            ``(1) operate a public unmanned aircraft system for a law
        enforcement purpose to collect covered information; or
            ``(2) disclose covered information so collected.
    ``(c) Exceptions.--A governmental entity may operate a public
unmanned aircraft system and may collect or disclose covered
information acquired by such operation for a law enforcement purpose
only if such operation, collection, or disclosure is in accordance with
any of the following:
            ``(1) Warrant.--The operation, collection, or disclosure
        is--
                    ``(A) pursuant to a warrant issued by a court of
                competent jurisdiction; and
                    ``(B) not later than 10 days after the execution of
                the warrant, the governmental entity that sought the
                warrant serves a copy of the warrant on each person on
                whom covered information was collected, except, if
                providing such notice would seriously jeopardize an
                ongoing criminal or national security investigation,
                the court may delay such notice on request of the
                governmental entity.
            ``(2) Order.--The operation, collection, or disclosure is
        pursuant to an order that may be lawfully issued by a court of
        competent jurisdiction--
                    ``(A) based on the allegation by the governmental
                entity requesting such order of specific and
                articulable facts showing a reasonable suspicion of
                criminal activity and a reasonable probability that the
                operation of a public unmanned aircraft system will
                provide evidence of such criminal activity;
                    ``(B) authorizing the operation of a public
                unmanned aircraft system only in a stipulated public
                area for a period of not more than 48 hours;
                    ``(C) which may be renewed at the court's
                discretion for a total period of operation of not
                longer than 30 days; and
                    ``(D) notice is provided--
                            ``(i) not later than 10 days after the
                        termination of which, by serving a copy on each
                        person on whom covered information was
                        collected; or
                            ``(ii) not less than 48 hours prior to such
                        operation, to the public in the stipulated
                        public area, by prominent placement of a
                        notification--
                                    ``(I) in a major publication (with
                                circulation of more than 1,000 in that
                                area);
                                    ``(II) on a public Internet Web
                                site of the governmental entity, for
                                the duration of the operation; or
                                    ``(III) on public signage in the
                                area, for the duration of the
                                operation.
            ``(3) U.S. land border.--The operation is within a distance
        of 25 miles from any external land boundary of the United
        States and is for the purpose of patrolling or securing the
        border.
            ``(4) Consent.--The covered information that is collected
        or disclosed pertains to an individual who provides prior
        written consent to such collection or disclosure.
            ``(5) Emergency.--The operation is--
                    ``(A) an investigative or law enforcement officer
                reasonably believes that an emergency situation exists
                that--
                            ``(i) involves--
                                    ``(I) immediate danger of death or
                                serious physical injury to any person;
                                    ``(II) conspiratorial activities
                                threatening the national security
                                interest; or
                                    ``(III) conspiratorial activities
                                characteristic of organized crime; and
                            ``(ii) requires such operation, collection,
                        or disclosure before a warrant or order
                        authorizing such operation, collection, or
                        disclosure may, with due diligence, be
                        obtained;
                    ``(B) that officer applies for such a warrant or
                order not later than 48 hours after such operation
                begins; and
                    ``(C) that operation is terminated immediately on
                the earlier of when--
                            ``(i) the information necessary to resolve
                        the emergency situation is collected; or
                            ``(ii) the court denies the application for
                        the warrant or order.
            ``(6) Effect of failure to secure warrant or order.--If a
        warrant or order described in paragraph (5) is denied, then for
        purposes of subsection (b), an operation, collection, or
        disclosure under that paragraph shall not be considered to be
        an operation, collection, or disclosure authorized under this
        subsection. Any covered information so collected shall be
        removed from all databases of the governmental entity.
``Sec. 3119d. Administrative discipline
    ``(a) Administrative Discipline.--If a court or appropriate
department or agency determines that a governmental entity has violated
any provision of this Act, and the court or appropriate department or
agency finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee of the
United States acted intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
a decision or findings of the court or appropriate department or
agency, promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted. If
the head of the department or agency involved determines that
disciplinary action is not warranted, such head shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons for
such determination.
    ``(b) Improper Disclosure Is Violation.--Any willful disclosure or
use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by this Act is a
violation of this Act for purposes of this section.
``Sec. 3119e. Reporting
    ``(a) In January of each year, any Federal judge who has issued a
warrant or order (or an extension thereof) under section 3 on operation
of public unmanned aircraft systems that expired during the preceding
year, or who has denied approval of such a warrant or order during that
year, shall report to the Administrative Office of the United States
Courts--
            ``(1) the fact that an order or extension was applied for;
            ``(2) the kind of order or extension applied for;
            ``(3) the fact that the order or extension was granted as
        applied for, was modified, or was denied;
            ``(4) the period of collections authorized by the order,
        and the number and duration of any extensions of the order;
            ``(5) the offense specified in the order or application, or
        extension of an order; and
            ``(6) the identity of the applying agency making the
        application and the rank and title of the person authorizing
        the application.
    ``(b) In March of each year the Attorney General, an Assistant
Attorney General specially designated by the Attorney General, or the
principal prosecuting attorney of a State, or the principal prosecuting
attorney for any political subdivision of a State, shall report to the
Administrative Office of the United States Courts--
            ``(1) the information required by paragraphs (1) through
        (6) of subsection (a) with respect to each application for an
        order or extension made during the preceding calendar year;
            ``(2) a general description of all the information
        collected under such order or extension, including--
                    ``(A) the approximate nature and frequency of
                incriminating conduct collected;
                    ``(B) the approximate number of persons whose
                covered information was collected; and
                    ``(C) the approximate nature, amount, and cost of
                the manpower and other resources used in the
                collection;
            ``(3) the number of arrests resulting from covered
        information collected from such order or extension, and the
        offenses for which arrests were made;
            ``(4) the number of trials resulting from such covered
        information;
            ``(5) the number of motions to suppress made with respect
        to such covered information, and the number granted or denied;
            ``(6) the number of convictions resulting from such covered
        information, and the offenses for which the convictions were
        obtained, and a general assessment of the importance of the
        information collected; and
            ``(7) the information required by paragraphs (2) through
        (6) of this subsection with respect to orders or extensions
        obtained in a preceding calendar year.
    ``(c) In June of each year the Director of the Administrative
Office of the United States Courts shall transmit to the Congress a
full and complete report that includes a summary and analysis of all
information received under subsection (a) and (b) during the preceding
calendar year. The Director of the Administrative Office of the United
States Courts is authorized to issue regulations regarding the content
and form of the reports required to be filed by subsections (a) and (b)
of this section.
``Sec. 3119f. Private use of unmanned aircraft systems
    ``It shall be unlawful to intentionally operate a private unmanned
aircraft system to capture, in a manner that is highly offensive to a
reasonable person, any type of visual image, sound recording, or other
physical impression of a individual engaging in a personal or familial
activity under circumstances in which the individual had a reasonable
expectation of privacy, through the use of a visual or auditory
enhancing device, regardless of whether there is a physical trespass,
if this image, sound recording, or other physical impression could not
have been achieved without a trespass unless the visual or auditory
enhancing device was used.
``Sec. 3119g. Application with other Federal laws
    ``Nothing in this Act may be construed to modify, limit, or
supersede the operation of chapter 119 of title 18, United States Code.
``Sec. 3119h. Ban on weaponization
    ``It shall be unlawful for any investigative or law enforcement
officer or private individual to operate an unmanned aircraft system
that is armed with a firearm (as such term is defined in section 921 of
title 18, United States Code) within the airspace of the United States.
``Sec. 3119i. Rule of construction regarding State laws on unmanned
              aircraft system usage
    ``Nothing in this Act shall be construed to preempt any State law
regarding the use of unmanned aircraft systems exclusively within the
borders of that State.''.
    (b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 205 the following:

``205A. Use of unmanned aircraft systems....................   3119a''.

Output: Preserving American Privacy Act of 2013 - Amends the federal criminal code to require a governmental entity operating a public unmanned aircraft system to minimize the collection or disclosure of covered information. Defines "covered information" as: (1) information that is reasonably likely to enable identification of an individual, or (2) information about an individual's property that is not in plain view. Requires such entity to submit to the Attorney General, with an application for a certificate or license to operate such a system in national airspace, a data collection statement that describes the purpose for which the system will be used, the length of time the collected information will be retained, the entity responsible for operating the system, the data minimization policies barring the collection of information unrelated to the investigation and requiring the destruction of information that is no longer relevant, and applicable audit and oversight procedures. Authorizes the Attorney General to request that the Secretary of Transportation (DOT) revoke such a certificate or license if the operator's activity contravenes such statement. Directs the Attorney General to issue regulations to establish a database indexing such certificates, licenses, and statements. Prohibits a government entity from operating a public unmanned aircraft system and collecting or disclosing covered information for a law enforcement purpose, except: (1) pursuant to a warrant or court order meeting specified requirements; (2) for the purpose of patrolling or securing the border within 25 miles from any external land boundary of the United States; (3) with the prior written consent of the individual to whom the covered information pertains; or (4) where an emergency situation exists that involves immediate danger of death or serious physical injury to any person, or conspiratorial activities threatening the national security interest or characteristic of organized crime, and that requires action before a warrant or order can be obtained. Bars covered information obtained otherwise from being received as evidence in any trial, hearing, or other proceeding. Requires federal judges and state and local prosecuting attorneys to report on such warrants or orders issued or denied each year to the Administrative Office of the United States Courts, which shall report a summary of such information to Congress. Provides for administrative discipline proceedings when there is a serious question about whether a U.S. officer or employee acted intentionally with respect to a violation of this Act. Prohibits: (1) intentionally operating a private unmanned aircraft system to capture, in a manner that is highly offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of an individual engaging in personal or familial activity under circumstances in which the individual had a reasonable expectation of privacy; and (2) any investigative or law enforcement officer or private individual from operating an unmanned aircraft system that is armed with a firearm within U.S. airspace.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Toxics by Rail Accountability and
Community Knowledge (TRACK) Act of 2014''.

SEC. 2. CHEMICAL EXPOSURE RIGHT-TO-KNOW.

    (a) Definitions.--In this section:
            (1) Long-lasting or irreversible health consequences.--The
        term ``long-lasting or irreversible health consequences'' means
        those health consequences occurring at the exposure threshold
        defined in the Acute Exposure Guideline Level AEGL-2 or AEGL-3,
        as established by the National Advisory Committee on Acute
        Exposure Guideline Levels for Hazardous Substances.
            (2) Post-accident public health assessment.--The term
        ``post-accident public health assessment'' means a scientific
        assessment of the impacts of a hazardous material release on
        public health made by a qualified entity.
            (3) Qualified entity.--The term ``qualified entity'' means
        a Federal, State, or other governmental entity responsible for
        emergency response, public health, chemical safety or
        transportation, or environmental protection.
    (b) Right-To-Know Protections.--Beginning 180 days after the date
of the enactment of this Act, railroad carriers that are found to be at
fault by an administrative, judicial, or investigatory process for an
accident or incident during calendar year 2010 or later that led to an
unintended release of hazardous materials shall periodically review any
post-accident public health assessments regarding the extent to which
individuals exposed to the hazardous material that was released could
experience long-lasting or irreversible health consequences, and--
            (1) inform in a timely manner individuals exposed to the
        hazardous material of any health information, including
        information regarding long-lasting or irreversible health
        consequences, included in such reports; and
            (2) offer to renegotiate any legal settlements made to
        individuals impacted by a hazardous material release for which
        additional information about the potential for long-lasting or
        irreversible health consequences has been later disclosed in a
        post-accident public health assessment.
    (c) Enforcement.--Any railroad carrier violating subsection (b)(2)
or a regulation prescribed pursuant to such subsection shall be liable
to the Federal Government for a civil penalty for each violation or for
each day the violation continues, as follows:
            (1) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class I
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $100,000 and
        not more than $1,000,000.
            (2) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class II
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $25,000 and not
        more than $250,000.
            (3) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class III
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $10,000 and not
        more than $100,000.

SEC. 3. COMMODITY FLOW TRANSPARENCY.

    Not later than two years after the date of the enactment of this
Act, the Secretary of Transportation shall prescribe regulations
requiring a railroad carrier transporting a hazardous material to
provide first responders, emergency response officials, and law
enforcement personnel in the communities through which the hazardous
material is transported with accurate and current commodity flow data
and assist with development of emergency operations and response plans
designed to protect public health and community safety in the event of
a railroad accident or incident involving the hazardous material. In
prescribing these regulations, the Secretary may consider which
hazardous materials or classes of hazardous materials are most relevant
to be included within commodity flow information based on factors
including the volume of the hazardous material transported and the
threat to public health and community safety posed by each hazardous
material.

SEC. 4. MOVEABLE BRIDGE INSPECTION BEFORE TRAIN MOVEMENT.

    (a) Procedure Required.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation shall
prescribe regulations establishing a procedure for a railroad carrier
to permit a train to pass a red signal aspect protecting a moveable
bridge.
    (b) Training and Qualifications.--
            (1) Training program.--The procedure established pursuant
        to subsection (a) shall require a railroad carrier that
        operates across a moveable bridge to have in place a program to
        train and qualify employees of the carrier to determine whether
        a train can safely travel across a moveable bridge when a
        signal protecting the bridge is displaying a red signal aspect.
            (2) Required qualifications.--The railroad carrier shall
        ensure that only an individual qualified under the railroad
        carrier's training program is responsible for making a
        determination regarding whether it is safe for a train to
        travel across a moveable bridge when a signal protecting the
        bridge is displaying a red signal aspect.
    (c) Enforcement.--Any railroad carrier violating this section or a
regulation prescribed in this section shall be liable to the Federal
Government for a civil penalty for each violation or for each day the
violation continues, as follows:
            (1) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class I
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $100,000 and
        not more than $1,000,000.
            (2) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class II
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $25,000 and not
        more than $250,000.
            (3) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class III
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $10,000 and not
        more than $100,000.

SEC. 5. ROUTE RISK ASSESSMENT.

    (a) Route Risk Assessment Tools.--The Secretary of Transportation,
in collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall develop a
route risk assessment tool for the use of short line and regional
railroad carriers that--
            (1) addresses any known limitations of the Rail Corridor
        Risk Management Safety software tool for short line and
        regional railroad carriers; and
            (2) allows for safety and security risk assessments to be
        performed by short line and regional railroad carriers in
        instances when alternative routes are not available.
    (b) Route Risk Assessment Audits.--The Secretary of Transportation,
in collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall implement
a program to conduct audits of short line and regional railroads to
ensure that proper route risk assessments that identify safety and
security vulnerabilities are being performed and are incorporated into
a safety management system program.

SEC. 6. RAILROAD SAFETY RISK REDUCTION PROGRAM AMENDMENTS.

    (a) Safety Management Systems.--Section 20156(d)(1) of title 49,
United States Code, is amended--
            (1) in subparagraph (A), by striking ``; and'' and
        inserting a semicolon;
            (2) in subparagraph (B), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the use of safety management systems and
                their associated key principles, including top-down
                ownership and policies, analysis of operational
                incidents and accidents, and continuous evaluation and
                improvement programs.''.
    (b) Sense of Congress.--It is the sense of Congress that, under the
Railroad Safety Risk Reduction Program under section 20156 of title 49,
United States Code, the Secretary of Transportation should include
within the definition of ``a railroad carrier that has an inadequate
safety performance'' any railroad carrier that is at fault for an
incident, accident, or emergency involving hazardous materials that has
led to a fatality or personal injury, an evacuation, or environmental
damage within the last five years.

SEC. 7. FIRST RESPONDER RIGHT-TO-KNOW.

    (a) Real-Time Emergency Response Notification.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Transportation shall prescribe regulations--
            (1) requiring a railroad carrier transporting a hazardous
        material to have the capability to generate, maintain,
        retrieve, and promptly deliver accurate and real-time consists
        that include the identity and location of the hazardous
        material on the train;
            (2) requiring a railroad carrier transporting a hazardous
        material to provide such information promptly to first
        responders, emergency response officials, and law enforcement
        personnel in the event of an incident, accident, or emergency,
        or as required by these entities to protect public health and
        community safety; and
            (3) prohibiting a railroad carrier, employee, or agent from
        withholding, or a railroad carrier from instructing its
        employees or agents to withhold, a train consist or a real-time
        train consist from first responders, emergency response
        officials, and law enforcement personnel in the event of an
        incident, accident, or emergency involving the transportation
        of hazardous materials by railroad that threatens public health
        or safety.
    (b) Emergency Response Standardization.--The Secretary of
Transportation, in consultation with railroad carriers, shall ensure
that emergency response information carried by train crews transporting
hazardous materials is consistent with and is at least as protective as
the emergency response guidance provided in the Emergency Response
Guidebook issued by the Department of Transportation.
    (c) Enforcement.--Any railroad carrier violating subsection (a)(3)
or a regulation prescribed under subsection (a)(3) shall be liable to
the Federal Government for a civil penalty for each violation or each
day the violation continues, as follows:
            (1) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class I
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $100,000 and
        not more than $1,000,000.
            (2) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class II
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $25,000 and not
        more than $250,000.
            (3) For a railroad carrier that has annual carrier
        operating revenues that meet the threshold amount for Class III
        carriers as determined by the Surface Transportation Board
        under section 1201.1-1 of title 49, Code of Federal
        Regulations, the penalty shall be not less than $10,000 and not
        more than $100,000.

SEC. 8. PUBLIC EDUCATION.

    Not later than one year after the date of the enactment of this
Act, the Secretary of Transportation shall prescribe regulations
requiring railroad carriers transporting hazardous materials to
develop, implement, and periodically evaluate a public education
program for the communities along railroad hazardous materials routes.
The public education program may include the following elements:
            (1) Procedures for reporting the release of a hazardous
        material.
            (2) Physical indications of a release of a hazardous
        material, including a focus on hazardous materials that are
        most commonly transported in or near a given community.
            (3) Methods of communication that will be used to alert the
        community in the event of a railroad incident, accident, or
        emergency involving a hazardous material.
            (4) Steps that should be taken by community residents to
        ensure public health and safety in the event of a hazardous
        material release.
            (5) Discussion of possible public health and safety
        concerns associated with an unintended release of a hazardous
        material, including a focus on hazardous materials that are
        most commonly transported in or near a given community.

SEC. 9. INFLATION ADJUSTMENTS.

    The Secretary of Transportation shall issue a statement of agency
policy adjusting the penalty schedules for violations outlined in this
Act as necessary to account for inflation, each time the Secretary is
required by law to review the minimum and maximum civil monetary
penalty for inflation under the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461 note). The
Secretary may subject the statement of agency policy to notice and
comment, as the Secretary considers appropriate.

Output: Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014 - Requires railroad carriers found at fault for an unintended release of hazardous materials (hazmat) due to a railroad accident or incident during calendar year 2010 to:   review periodically any post-accident public health assessments of hazmat-exposed individuals who could experience long-lasting or irreversible health effects; inform those individuals in a timely manner of any health information, including information on long-lasting or irreversible health consequences; and  offer to renegotiate any legal settlements made to affected individuals in which additional information about potential for such consequences has been later disclosed in a post-accident public health assessment.  Directs the Secretary of Transportation (DOT) to prescribe regulations:   requiring railroad carriers transporting hazmat to give first responders, emergency response officials, and law enforcement personnel accurate and current commodity flow data and assist with the development of emergency operations and hazmat response plans for railroad accidents or incidents; and establishing a procedure for railroad carriers to permit a train to pass a red signal at a moveable bridge.  Requires the Secretary, in collaboration with the Secretary of Homeland Security (DHS) and the American Short Line and Regional Railroad Association, to develop route safety and security risk assessment tools for short line and regional railroad carriers. Revises the railroad safety risk reduction program by requiring railroad carriers to develop a comprehensive program to improve safety by reducing the number and rates of accidents, incidents, injuries, and fatalities (as under current law) through the use of safety management systems and their associated key principles, analysis of operational incidents and accidents, and continuous evaluation and improvement programs. Directs the Secretary to prescribe regulations requiring railroad carriers transporting hazmat to:  give first responders, emergency response officials, and law enforcement personnel real-time information regarding hazmat on the train in the event of an incident, accident, or emergency; and develop a public education program for communities along railroad hazmat routes.  Prescribes certain civil penalties for any railroad carrier that violates a requirement or regulation under this Act.