Input:
SECTION 1. ATTORNEY GENERAL'S STANDING COMMISSION ON SEMIAUTOMATIC
              ASSAULT WEAPONS.

    (a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall establish a Standing
Commission on Semiautomatic Assault Weapons.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 8
        members, including:
                    (A) The Assistant Attorney General for the Criminal
                Division of the Department of Justice.
                    (B) The heads, or their designees, of the Federal
                Bureau of Investigation, the Bureau of Alcohol,
                Tobacco, and Firearms, and the Drug Enforcement Agency.
                    (C) Two representatives of national citizen's
                organizations concerned with protecting the rights of
                the law-abiding public to keep and bear arms.
                    (D) Two representatives of national citizen's
                organizations concerned with protecting the public
                safety and the needs of the Nation's law enforcement
                officers.
            (2) Terms.--The Commission members who are representatives
        of national citizen's organizations shall serve terms of 4
        years, except that the terms of the members first appointed may
        be staggered to ensure that the terms of no more than 3 members
        expire in any 1 year.
            (3) Vacancies.--The Attorney General shall make an
        appointment to fill a vacancy on the Commission not later than
        30 days from the date that the vacancy occurred. An individual
        chosen to fill a vacancy shall be appointed for the unexpired
        term of the member replaced.
    (c) Meetings.--The Commission shall meet at least twice annually,
at the call of the Attorney General and at the request of at least 3
members, based on requests for such a meeting from the public or law
enforcement entities. Each meeting of the Commission shall be open to
the public.
    (d) Duties.--The Commission shall--
            (1) on an ongoing basis based on input solicited from
        private citizens, national organizations, and law enforcement,
        make recommendations to the Attorney General for restricting
        the manufacture, sale, distribution, and possession of
        domestic-made semi-automatic assault weapons and large capacity
        ammunition feeding devices meeting the criteria set forth in
        subsection (e);
            (2) establish procedures for making the recommendations
        required in paragraph (1) and for identifying the nature and
        extent of the restrictions recommended;
            (3) conduct public hearings and meetings on recommendations
        proposed by private citizens, law enforcement, and the
        Commission; and
            (4) together with the recommendations required in paragraph
        (1), transmit to the Attorney General a report containing the
        Commission's findings and conclusions based on a review and
        analysis of information submitted to and collected by the
        Commission.
    (e) Attorney General's Duties.--
            (1) Action based on recommendations.--Within 30 days of
        receipt by the Attorney General of any recommendations of the
        Commission, the Attorney General shall--
                    (A) reject the recommendations in whole of the
                Commission; or
                    (B) accept the recommendations, in whole or in
                part, of the Commission and commence a public process,
                pursuant to the Administrative Procedure Act, for
                issuing regulations based on the Commission's
                recommendations.
            (2) Effect.--(A) If the Attorney General rejects the
        recommendations of the Commission pursuant to paragraph (1)(A),
        recommendations with respect to the semiautomatic assault
        weapons and large capacity ammunition feeding devices shall be
        deemed terminated for the year in which they were transmitted
        to the Attorney General.
            (B) If the Attorney General accepts the recommendations of
        the Commission pursuant to paragraph (1)(B), the Attorney
        General shall not be bound by the recommendations, but may,
        based on information received during public hearings and
        through notices published in the Federal Register pursuant to
        the Administrative Procedure Act--
                    (i) make changes in any of the recommendatins and
                impose such restrictions, as the Attorney General
                determines necessary; or
                    (ii) publish notice in the Federal Register that no
                further action will be taken on the recommendations of
                the Commission.
            (3) Submission to congress.--Contemporaneous with
        publication of final regulations in the Federal Register, the
        Attorney General shall submit the recommendations of the
        Department of Justice, which comprise the final regulations,
        together with such regulations, to the appropriate committees
        of the Congress.
    (f) Effective Date of Regulations.--The effective date of
regulations issued by the Attorney General pursuant to subsection (e)
shall be 90 days after such regulations are published in the Federal
Register and submitted, together with the recommendations of the
Attorney General, to the appropriate committees of Congress.
    (g) Congressional Consideration of Commission Report.--
            (1) In general.--Implementation of regulations submitted to
        the Congress under subsection (e) may be terminated only if a
        joint resolution (described in paragraph (2)) disapproving such
        regulations is enacted, in accordance with the provisions of
        paragraph (3), before the end of the 90-day period beginning on
        the date on which such final regulations were published in the
        Federal Register and the recommendations were submitted to the
        appropriate committees of Congress. For purposes of applying
        the preceding sentence and paragraphs (2) and (3), the days on
        which either House of Congress is not in session because of an
        adjournment of more than 3 days to a day certain shall be
        excluded in the computation of a period.
            (2) Terms of the resolution.--A joint resolution described
        in this paragraph means only a joint resolution which is
        introduced within the 10-day period beginning on the date on
        which the Attorney General submits recommendations and a copy
        of the regulations under subsection (e) and--
                    (A) which does not have a preamble;
                    (B) the matter after the resolving clause of which
                is as follows: ``That Congress disapproves the
                recommendations of the Attorney General, as contained
                in the regulations published by the Attorney General in
                the Federal Register on ____________,'' the blank space
                being filled in with the appropriate date; and
                    (C) the title of which is as follows: ``Joint
                resolution disapproving the recommendations of the
                Attorney General''.
            (3) Procedures for consideration of resolution of
        approval.--Subject to paragraph (4), the provisions of section
        2908 (other than subsection (a)) of the Defense Base Closure
        and Realignment Act of 1990 shall apply to the consideration of
        a joint resolution described in paragraph (2) in the same
        manner as such provisions apply to a joint resolution described
        in section 2908(a) of such Act.
            (4) Special rules.--For purposes of applying paragraph (3)
        with respect to such provisions--
                    (A) any reference to the Committee on Armed
                Services of the House of Representatives shall be
                deemed a reference to an appropriate committee of the
                House of Representatives (specified by the Speaker of
                the House of Representatives at the time of submission
                of recommendations under subsection (e)) and any
                reference to the Committee on Armed Services of the
                Senate shall be deemed a reference to an appropriate
                committee of the Senate (specified by the Majority
                Leader of the Senate at the time of submission of
                recommendations under subsection (e)); and
                    (B) any reference to the date on which the
                President transmits a report shall be deemed a
                reference to a date on which the Attorney General
                submits recommendations under subsection (e).
    (h) Definitions.--
            (1) Semiautomatic assault weapon.--The term ``semiautomatic
        assault weapon'' means--
                    (A) any of the firearms, or types, replicas, or
                duplicates in any caliber of the firearms known as--
                            (i) Norinco, Mitchell, and Poly
                        Technologies Avtomat Kalashnikovs (all models);
                            (ii) Action Arms Israeli Military
                        Industries UZI and Galil;
                            (iii) Beretta AR-70 (SC-70);
                            (iv) Colt AR-15 and Sporter;
                            (v) Fabrique Nationale FN/FAL, FN/LAR, and
                        FNC;
                            (vi) SWD M-101 M-11; M 11-9; and M-12;
                            (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22;
                        and
                            (viii) any shotgun which contains its
                        ammunition in a revolving cylinder, such as but
                        not limited to, the Street Sweeper and Striker
                        12;
                    (B) a semiautomatic rifle that has an ability to
                accept a detachable magazine and has at least 2 of--
                            (i) a folding or telescoping stock;
                            (ii) a pistol grip that protrudes
                        conspicuously beneath the action of the weapon;
                            (iii) a bayonet mount;
                            (iv) a flash suppressor or barrel having a
                        threaded muzzle; and
                            (v) a grenade launcher;
                    (C) a semiautomatic pistol that has an ability to
                accept a detachable magazine and has at least 2 of--
                            (i) an ammunition magazine that attaches to
                        the pistol outside of the pistol grip;
                            (ii) a barrel having a threaded muzzle;
                            (iii) a shroud that is attached to, or
                        partially or completely encircles, the barrel
                        and that permits the shooter to hold the
                        firearm with the nontrigger hand without being
                        burned;
                            (iv) a manufactured weight of 50 ounces or
                        more when the pistol is unloaded; and
                            (v) a semiautomatic version of an automatic
                        firearm; and
                    (D) a semiautomatic shotgun that has at least 2
                of--
                            (i) a folding or telescoping stock;
                            (ii) a pistol grip that protrudes
                        conspicuously beneath the action of the weapon;
                            (iii) a fixed magazine capacity in excess
                        of 5 rounds; and
                            (iv) an ability to accept a detachable
                        magazine.
            (2) Large capacity ammunition feeding device.--The term
        ``large capacity ammunition feeding device'' means--
                    (A) a magazine, belt, drum, feed strip, or similar
                device that has a capacity of, or that can be readily
                restored or converted to accept, more than 10 rounds of
                ammunition;
                    (B) any combination of parts from which a device
                described in clause (i) can be assembled; but
                    (C) does not include an attached tubular device
                designed to accept, and capable of operating only with
                .22 caliber rimfire ammunition.

Output:
Directs the Attorney General to establish a Standing Commission on Semiautomatic Assault Weapons.
Requires the Commission to:  (1) make recommendations to the Attorney General for restricting the manufacture, sale, distribution, and possession of domestic-made semiautomatic assault weapons and large capacity ammunition feeding devices; (2) conduct public hearings and meetings on recommendations proposed by private citizens, law enforcement, and the Commission; and (3) transmit to the Attorney General together with the required recommendations a report on its findings and conclusions.
Directs the Attorney General to:  (1) reject the recommendations of the Commission in whole (in which case recommendations regarding semiautomatic assault weapons and large capacity ammunition feeding devices shall be deemed terminated for the year in which they were transmitted to the Attorney General); or (2) accept the Commission's recommendations in whole or in part, and commence a public process for issuing regulations based on such recommendations.  Requires the Attorney General to submit the recommendations of the Department of Justice which comprise the final regulations, together with such regulations, to the appropriate congressional committees.
Sets forth provisions regarding:  (1) the effective date of any such regulations; and (2) congressional consideration of the Commission report.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Diabetes Self Management Training
Act of 2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Diabetes is widely recognized as one of the top public
        health threats facing our Nation today. More than 18,000,000
        Americans are currently living with diabetes and that number is
        expected to double by the year 2050. Diabetes is the sixth
        leading cause of death in the United States, causing more than
        200,000 deaths each year.
            (2) Diabetes occurs in two forms. Type 1 diabetes is caused
        by the body's inability to produce insulin, a hormone that
        allows glucose to enter and fuel cells. Type 2 diabetes occurs
        when the body fails to make enough insulin or fails to properly
        use it. Type 1 diabetes typically develops in childhood or
        adolescence and accounts for only 5 to 10 percent of cases of
        diabetes. Type 2 diabetes accounts for 90 to 95 percent of
        diabetes cases and most often appears among people older than
        40. It is especially common in the medicare population, as 1 in
        5 adults over age 65 has type 2 diabetes.
            (3) Diabetes is a costly disease. In 2002, diabetes
        accounted for $132,000,000,000 in direct and indirect health
        care costs. It is especially costly for the medicare program.
        Individuals with diabetes represent approximately 20 percent of
        medicare beneficiaries but account for more than 30 percent of
        fee-for-service medicare expenditures.
            (4) People with type 1 diabetes are required to take daily
        insulin injections to stay alive. While some people with type 2
        diabetes need daily insulin injections, others with type 2
        diabetes can control their diabetes through healthy meal plans,
        exercise, and, for some, oral medications. Diabetes self
        management training (in this section referred to as ``DSMT''),
        also called diabetes education, provides knowledge and skills
        training to patients with diabetes, helping them identify
        barriers, facilitate problem solving, and develop coping skills
        to effectively manage their diabetes. A certified diabetes
        educator is a health care professional, often a nurse,
        dietitian, or pharmacist, who specializes in helping people
        with diabetes develop the self-management skills needed to stay
        healthy and avoid costly acute complications and emergency
        care, as well as debilitating secondary conditions caused by
        diabetes.
            (5) DSMT has been proven effective in helping to reduce the
        risks and complications of diabetes. In 2002, the Diabetes
        Prevention Program study found that participants (all of whom
        were at increased risk of developing type 2 diabetes) who made
        lifestyle changes, such as those taught in DSMT programs,
        reduced their risk of getting type 2 diabetes by 58 percent.
        Lifestyle intervention worked in all of the groups but it
        worked particularly well in people aged 60 and older, reducing
        the development of diabetes by 71 percent. Similarly, studies
        have found that patients under the care of a certified diabetes
        educator are better able to control their diabetes and report
        improvement in their health status. Congress recognized the
        value of DSMT by creating medicare coverage for this benefit
        under the Balanced Budget Act of 1997.
            (6) There are currently more than 20,000 diabetes educators
        in the United States, most of whom are certified diabetes
        educators credentialed by the National Certification Board for
        Diabetes Educators (NCBDE). Eligibility for certification as a
        diabetes educator requires prerequisite qualifying professional
        credentials in specified health care professions and
        professional practice experience that includes a minimum number
        of hours of experience in DSMT. Certified diabetes educators
        must also pass a rigorous national examination and periodically
        renew their credentials. Certified diabetes educators are
        uniquely qualified to provide DSMT under the medicare program.

SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE
              PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF-
              MANAGEMENT TRAINING SERVICES.

    (a) In General.--Section 1861(qq) of the Social Security Act (42
U.S.C. 1395x(qq)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``, or a
                certified diabetes educator (as defined in paragraph
                (3)) who is credentialed by a nationally recognized
                certifying body for diabetes educators'' before the
                semicolon at the end; and
                    (B) in subparagraph (B), by striking ``a
                physician'' through ``meets applicable'' and inserting
                the following: ``a physician, or such other individual
                or entity, or a certified diabetes educator meets the
                quality standards described in this paragraph if the
                physician, other individual or entity, or certified
                diabetes educator meets quality standards established
                by the Secretary, except that the physician, other
                individual or entity, or certified diabetes educator
                shall be deemed to have met such standards if the
                physician, other individual or entity, or certified
                diabetes educator meets applicable''; and
            (2) by adding at the end the following new paragraph:
    ``(3) For purposes of paragraph (2), the term `certified diabetes
educator' means an individual who--
            ``(A) is a health care professional who specializes in
        helping individuals with diabetes develop the self-management
        skills needed to overcome the daily challenges and problems
        caused by the disease;
            ``(B) has met all criteria for initial certification,
        including a prerequisite qualifying professional credential in
        a specified health care profession, has professional practice
        experience in diabetes self-management training that includes a
        minimum number of hours of diabetes self-management training,
        and has passed a national examination offered by a certifying
        body recognized as entitled to grant certification to diabetes
        educators; and
            ``(C) has periodically renewed certification status
        following initial certification.''.
    (b) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States
        shall conduct a study to identify the barriers that exist for
        individuals with diabetes in accessing diabetes self management
        training, including economic and geographic barriers and
        availability of appropriate referrals and access to adequate,
        qualified providers.
            (2) Report.--Not later than 1 year after the date of
        enactment of this Act, the Comptroller General of the United
        States shall submit a report to Congress regarding the study
        conducted under paragraph (1).
    (c) Effective Date.--The amendments made by subsection (a) shall
apply to diabetes outpatient self-management training services
furnished on or after the date that is 6 months after the date of
enactment of this Act.

Output:
Diabetes Self Management Training Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of certified diabetes educators as Medicare providers for purposes of diabetes outpatient self-management training services.

Directs the Comptroller General to study and report to Congress on the barriers that exist for individuals with diabetes in accessing diabetes self-management training.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Rights Act of
1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the protection of private property from a taking by the
        Government without just compensation is an integral protection
        for private citizens incorporated into the Constitution by the
        Fifth Amendment and made applicable to the States by the
        Fourteenth Amendment; and
            (2) Federal agencies should take into consideration the
        impact of Governmental actions on the use and ownership of
        private property.

SEC. 3. PURPOSE.

    The Congress, recognizing the important role that the use and
ownership of private property plays in ensuring the economic and social
well-being of the Nation, declares that it is the policy of the Federal
Government to use all practicable means and measures to minimize
takings of private property by the Federal Government.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``agency'' means an Executive agency as
        defined under section 105 of title 5, United States Code, and--
                    (A) includes the United States Postal Service; and
                    (B) does not include the General Accounting Office;
                and
            (2) the term ``taking of private property'' means any
        action whereby private property is taken in such a way as to
        require compensation under the Fifth Amendment to the United
        States Constitution.

SEC. 5. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

    (a) In General.--The Congress authorizes and directs that, to the
fullest extent possible--
            (1) the policies, regulations, and public laws of the
        United States shall be interpreted and administered in
        accordance with the policies under this Act; and
            (2) all agencies of the Federal Government shall submit a
        certification to the Attorney General of the United States that
        a private property taking impact analysis has been completed
        before issuing or promulgating any policy, regulation,
        proposal, recommendation (including any recommendation or
        report on proposal for legislation), or related agency action
        which could result in a taking or diminution of use or value of
        private property.
    (b) Content of Analysis.--A private property taking impact analysis
shall be a written statement that includes--
            (1) the specific purpose of the policy, regulation,
        proposal, recommendation, or related agency action;
            (2) an assessment of whether a taking of private property
        may occur under such policy, regulation, proposal,
        recommendation, or related agency action;
            (3) the effect of the policy, regulation, proposal,
        recommendation, or related agency action on the use or value of
        private property, including an evaluation of whether such
        policy, regulation, proposal, recommendation, or related agency
        action requires compensation to private property owners;
            (4) alternatives to the policy, regulation, proposal,
        recommendation, or related agency action that would lessen the
        adverse effects on the use or value of private property;
            (5) an estimate of the cost to the Federal Government if
        the Government is required to compensate a private property
        owner; and
            (6) an estimate of the reduction in use or value of any
        affected private property as a result of such policy,
        regulation, proposal, recommendation, or related agency action.
    (c) Public Availability of Analysis.--An agency shall--
            (1) make each private property taking impact analysis
        available to the public; and
            (2) to the greatest extent practicable, transmit a copy of
        such analysis to the owner or any other person with a property
        right or interest in the affected property.
    (d) Presumptions in Proceedings.--For the purpose of any agency
action or administrative or judicial proceeding, there shall be a
rebuttable presumption that the costs, values, and estimates in any
private property takings impact analysis shall be outdated and
inaccurate, if--
            (1) such analysis was completed 5 years or more before the
        date of such action or proceeding; and
            (2) such costs, values, or estimates have not been modified
        within the 5-year period preceding the date of such action or
        proceeding.

SEC. 6. RULES OF CONSTRUCTION.

    Nothing in this Act shall be construed to--
            (1) limit any right or remedy, or bar any claim of any
        person relating to such person's property under any other law,
        including claims made under section 1346 or 1402 of title 28,
        or chapter 91 of title 28; or
            (2) constitute a conclusive determination of the value of
        any property for purposes of an appraisal for the acquisition
        of property, or for the determination of damages.

SEC. 7. STATUTE OF LIMITATIONS.

    No action may be filed in a court of the United States to enforce
the provisions of this Act on or after the date occurring 6 years after
the date of the submission of the certification of the applicable
private property taking impact analysis with the Attorney General.

SEC. 8. EFFECTIVE DATE.

    The provisions of this Act shall take effect 120 days after the
date of the enactment of this Act.

Output:
Private Property Rights Act of 1994 - States that the Congress declares that it is the policy of the Federal Government to use all practicable means and measures to minimize Federal takings of private property.  Directs Federal agencies to certify to the Attorney General that a private property taking impact analysis has been completed before initiating any action which could result in a taking or diminution of use or value of private property.  Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act.
Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public.
Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
Sets the statute of limitations for court actions for enforcing this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lawful Interrogation and Detention
Act''.

SEC. 2. INTELLIGENCE COMMUNITY DEFINED.

    In this Act, the term ``intelligence community'' has the meaning
given that term in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).

SEC. 3. CLOSURE OF DETENTION FACILITY AT GUANTANAMO BAY.

    (a) Requirement To Close.--Not later than 1 year after the date of
the enactment of this Act, the President shall close the detention
facility at Guantanamo Bay, Cuba operated by the Secretary of Defense
and remove all detainees from such facility.
    (b) Detainees.--Prior to the date that the President closes the
detention facility at Guantanamo Bay, Cuba, as required by subsection
(a), each individual detained at such facility shall be treated
exclusively through one of the following:
            (1) The individual shall be charged with a violation of
        United States or international law and transferred to a
        military or Federal civilian detention facility in the United
        States for further legal proceedings, provided that such a
        Federal civilian facility or military facility has received the
        highest security rating available for such a facility.
            (2) The individual shall be transferred to an international
        tribunal operating under the authority of the United Nations
        that has jurisdiction to hold a trial of such individual.
            (3) The individual shall be transferred to the custody of
        the government of the individual's country of citizenship or a
        different country, provided that such transfer is consistent
        with--
                    (A) the Convention Against Torture and Other Forms
                of Cruel, Inhuman or Degrading Treatment or Punishment
                done at New York, December 10, 1984;
                    (B) all relevant United States law; and
                    (C) any other international obligation of the
                United States.
            (4) If the Secretary of Defense and Director of National
        Intelligence determine, jointly, that the individual poses no
        security threat to the United States and actions cannot be
        taken under paragraph (1) or (3), the individual shall be
        released from further detention.
            (5) The individual shall be held in accordance with the law
        of armed conflict.
    (c) Reporting Requirements.--
            (1) Requirement for report.--Not later than 90 days after
        the date of the enactment of this Act, the President shall
        submit to Congress a report that describes the President's plan
        to implement this section.
            (2) Requirement to update.--The President shall keep
        Congress fully and currently informed of the steps taken to
        implement this section.
    (d) Construction.--
            (1) Immigration status.--The transfer of an individual
        under subsection (b) shall not be considered an entry into the
        United States for purposes of immigration status.
            (2) No additional detention authority.--Nothing in this
        section may be construed as altering or adding to existing
        authorities for, or restrictions on, the detention, treatment,
        or transfer of individuals in United States custody.

SEC. 4. LIMITATION ON INTERROGATION TECHNIQUES.

    No individual in the custody or under the effective control of
personnel of an element of the intelligence community or a contractor
or subcontractor of an element of the intelligence community,
regardless of nationality or physical location of such individual or
personnel, shall be subject to any treatment or technique of
interrogation not authorized by the United States Army Field Manual on
Human Intelligence Collector Operations.

SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRACTORS.

    The Director of the Central Intelligence Agency shall not allow a
contractor or subcontractor to the Central Intelligence Agency to carry
out an interrogation of an individual. Any interrogation carried out on
behalf of the Central Intelligence Agency shall be conducted by an
employee of such Agency.

SEC. 6. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS.

    (a) Requirement.--The head of an element of the intelligence
community or a contractor or subcontractor of such element who detains
or has custody or effective control of an individual shall notify the
International Committee of the Red Cross of the detention of the
individual and provide access to such individual in a manner consistent
with the practices of the Armed Forces.
    (b) Construction.--Nothing in this section shall be construed--
            (1) to create or otherwise imply the authority to detain;
        or
            (2) to limit or otherwise affect any other rights or
        obligations which may arise under the Geneva Conventions, other
        international agreements, or other laws, or to state all of the
        situations under which notification to and access for the
        International Committee of the Red Cross is required or
        allowed.

Output:
Lawful Interrogation and Detention Act - Directs the President, within one year after the enactment of this Act, to close the detention facility at Guantanamo Bay, Cuba, and remove all detainees held there.

Requires each such detainee to be either: (1) charged with a violation of U.S. or international law and transferred to an appropriate U.S. facility for further legal proceedings; (2) transferred for trial to an international tribunal operating under United Nations (UN) authority; (3) transferred (under certain conditions) to the custody of the government of the individual's country of citizenship or a different country; (4) released; or (5) held in accordance with the law of the armed conflict.

Prohibits an individual in the custody or control of an element of the intelligence community (IC) or contractor or subcontractor thereof, regardless of the individual's nationality or physical location, from being subject to any treatment or technique of interrogation not authorized by the U.S. Army Field Manual on Human Intelligence Collector Operations.

Prohibits the Director of the Central Intelligence Agency (CIA) from allowing a CIA contractor or subcontractor to carry out an interrogation. Requires any interrogation carried out on behalf of the CIA to be conducted only by a CIA employee.

Requires the head of an IC element or a contractor or subcontractor of such element who detains or has custody or control over an individual to notify the International Committee of the Red Cross of such detention, and to provide Red Cross access to such individual in a manner consistent with practices of the Armed Forces.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Gun Rights and Due
Process Act''.

SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH.

    (a) Title 18 Definitions.--Chapter 44 of title 18, United States
Code, is amended--
            (1) in section 921(a), by adding at the end the following:
            ``(36)(A) Subject to subparagraph (B), the term `has been
        adjudicated mentally incompetent or has been committed to a
        psychiatric hospital', with respect to a person--
                    ``(i) means the person is the subject of an order
                or finding by a judicial officer or court--
                            ``(I) that was issued after a hearing--
                                    ``(aa) of which the person received
                                actual notice; and
                                    ``(bb) at which the person had an
                                opportunity to participate with
                                counsel; and
                            ``(II) that found that the person, as a
                        result of marked subnormal intelligence, mental
                        impairment, mental illness, incompetency,
                        condition, or disease--
                                    ``(aa) was guilty but mentally ill
                                in a criminal case, in a jurisdiction
                                that provides for such a verdict;
                                    ``(bb) was not guilty in a criminal
                                case by reason of insanity or mental
                                disease or defect;
                                    ``(cc) was incompetent to stand
                                trial in a criminal case; or
                                    ``(dd) was not guilty by reason of
                                lack of mental responsibility under
                                section 850a of title 10 (article 50a
                                of the Uniform Code of Military
                                Justice); and
                    ``(ii) does not include--
                            ``(I) an admission to a psychiatric
                        hospital for observation; or
                            ``(II) a voluntary admission to a
                        psychiatric hospital.
            ``(B) In this paragraph, the term `order or finding' does
        not include--
                    ``(i) an order or finding that has expired or has
                been set aside or expunged;
                    ``(ii) an order or finding that is no longer
                applicable because a judicial officer or court has
                found that the person who is the subject of the order
                or finding--
                            ``(I) does not present a danger to himself
                        or herself or to others;
                            ``(II) has been restored to sanity or cured
                        of mental disease or defect;
                            ``(III) has been restored to competency; or
                            ``(IV) no longer requires involuntary
                        inpatient or outpatient treatment by a
                        psychiatric hospital; or
                    ``(iii) an order or finding with respect to which
                the person who is subject to the order or finding has
                been granted relief from disabilities under section
                925(c), under a program described in section
                101(c)(2)(A) or 105 of the NICS Improvement Amendments
                Act of 2007 (18 U.S.C. 922 note), or under any other
                State-authorized relief from disabilities program of
                the State in which the original commitment or
                adjudication occurred.
            ``(37) The term `psychiatric hospital' includes a mental
        health facility, a mental hospital, a sanitarium, or a
        psychiatric facility, including a psychiatric ward in a general
        hospital.''; and
            (2) in section 922--
                    (A) in subsection (d)(4)--
                            (i) by striking ``as a mental defective''
                        and inserting ``mentally incompetent''; and
                            (ii) by striking ``any mental institution''
                        and inserting ``a psychiatric hospital''; and
                    (B) in subsection (g)(4)--
                            (i) by striking ``as a mental defective or
                        who has'' and inserting ``mentally incompetent
                        or has''; and
                            (ii) by striking ``mental institution'' and
                        inserting ``psychiatric hospital''.
    (b) Technical and Conforming Amendments.--The NICS Improvement
Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
            (1) by striking ``as a mental defective'' each place that
        term appears and inserting ``mentally incompetent'';
            (2) by striking ``mental institution'' each place that term
        appears and inserting ``psychiatric hospital'';
            (3) in section 101(c)--
                    (A) in paragraph (1), in the matter preceding
                subparagraph (A), by striking ``to the mental health of
                a person'' and inserting ``to whether a person is
                mentally incompetent''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(i), by striking
                        ``to the mental health of a person'' and
                        inserting ``to whether a person is mentally
                        incompetent''; and
                            (ii) in subparagraph (B), by striking ``to
                        the mental health of a person'' and inserting
                        ``to whether a person is mentally
                        incompetent''; and
            (4) in section 102(c)(3)--
                    (A) in the paragraph heading, by striking ``as a
                mental defective or committed to a mental institution''
                and inserting ``as mentally incompetent or committed to
                a mental institution''; and
                    (B) by striking ``mental institutions'' and
                inserting ``psychiatric hospitals''.

SEC. 3. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS.

    (a) Definition.--In this section, the term ``covered veteran''
means a person who, on the day before the date of enactment of this
Act, is considered to have been adjudicated as a mental defective or
committed to a mental institution under subsection (d)(4) or (g)(4) of
section 922 of title 18, United States Code, as a result of having been
found by the Department of Veterans Affairs to be mentally incompetent.
    (b) Review.--The Secretary of Veterans Affairs shall--
            (1) not later than 90 days after the date of enactment of
        this Act, conduct a review relating to each covered veteran to
        determine whether the proceedings for the adjudication or
        commitment of the covered veteran were conducted in accordance
        with, and resulted in an order or finding described in, section
        921(a)(36) of title 18, United States Code, as added by this
        Act; and
            (2) unless the Secretary certifies that the proceedings
        were conducted in accordance with, and resulted in an order or
        finding described in, section 921(a)(36) of title 18, United
        States Code, as added by this Act, ensure that the records of
        the covered veteran used for purposes of any determination of
        whether the covered veteran is disqualified from possessing or
        receiving a firearm under subsection (g) or (n) of section 922
        of title 18, United States Code, are modified to indicate that
        the covered veteran has not been adjudicated mentally
        incompetent or committed to a psychiatric hospital.
    (c) Enforcement.--
            (1) Identification of inaccurate records.--Not later than
        January 1 of each year, the Attorney General shall--
                    (A) review the record of each person who is
                considered to have been adjudicated mentally
                incompetent or committed to a psychiatric hospital
                under subsection (d)(4) or (g)(4) of section 922 of
                title 18, United States Code, as a result of having
                been found by the Department of Veterans Affairs to be
                mentally incompetent;
                    (B) identify each such record that does not include
                documentation indicating that the proceedings for the
                adjudication or commitment were conducted in accordance
                with, and resulted in an order or finding described in,
                section 921(a)(36) of title 18, United States Code, as
                added by this Act; and
                    (C) submit to the Secretary of the Treasury and
                Congress a report providing the number of records
                identified under subparagraph (B).
            (2) Rescission.--Effective on the date on which the
        Attorney General submits a report under paragraph (1)(C), there
        is rescinded from the unobligated balances in the
        appropriations account appropriated under the heading ``general
        administration'' under the heading ``Departmental
        Administration'' under the heading ``DEPARTMENT OF VETERANS
        AFFAIRS'' the amount equal to the product of--
                    (A) the number of records that the report states
                were identified by the Attorney General under paragraph
                (1)(B); and
                    (B) $10,000.
    (d) Appointment of Fiduciaries.--
            (1) In general.--Chapter 55 of title 38, United States
        Code, is amended by adding at the end the following:
``Sec. 5511. Use of determinations to appoint fiduciaries
    ``No determination by the Secretary that benefits under this title
to which an individual is entitled shall be paid to a fiduciary shall
be considered to be a determination that the individual has been
adjudicated mentally incompetent for purposes of subsections (d)(4) and
(g)(4) of section 922 of title 18.''.
            (2) Clerical amendment.--The table of sections for chapter
        55 of title 38, United States Code, is amended by adding at the
        end the following:

``5511. Use of determinations to appoint fiduciaries.''.

SEC. 4. USE OF DETERMINATIONS MADE BY THE COMMISSIONER OF SOCIAL
              SECURITY.

    (a) Title II.--Section 205(j) of the Social Security Act (42 U.S.C.
405(j)) is amended by adding at the end the following:
    ``(11) No determination by the Commissioner of Social Security with
respect to an individual, including a determination that benefits under
this title to which such individual is entitled shall be paid to a
representative payee, shall be considered to be a determination that
the individual has been adjudicated mentally incompetent for purposes
of subsections (d)(4) and (g)(4) of section 922 of title 18, United
States Code.''.
    (b) Title XVI.--Section 1631(a)(2) of such Act (42 U.S.C.
1383(a)(2)) is amended by adding at the end the following:
    ``(J) No determination by the Commissioner of Social Security with
respect to an individual, including a determination that benefits under
this title to which such individual is entitled shall be paid to a
representative payee, shall be considered to be a determination that
the individual has been adjudicated mentally incompetent for purposes
of subsections (d)(4) and (g)(4) of section 922 of title 18, United
States Code.''.
    (c) Enforcement.--
            (1) Identification of inaccurate records.--Not later than
        January 1 of each year, the Attorney General shall--
                    (A) review the record of each person who is
                considered to have been adjudicated mentally
                incompetent or committed to a psychiatric hospital
                under subsection (d)(4) or (g)(4) of section 922 of
                title 18, United States Code, as a result of a
                determination by the Commissioner of Social Security;
                    (B) identify each such record that does not include
                documentation indicating that the proceedings for the
                adjudication or commitment were conducted in accordance
                with, and resulted in an order or finding described in,
                section 921(a)(36) of title 18, United States Code, as
                added by this Act; and
                    (C) submit to the Secretary of the Treasury and
                Congress a report providing the number of records
                identified under subparagraph (B).
            (2) Rescission.--
                    (A) In general.--Effective on the date on which the
                Attorney General submits a report under paragraph
                (1)(C), there is rescinded from the unobligated
                balances in the Federal Old-Age and Survivors Insurance
                Trust Fund, the Federal Disability Insurance Trust
                Fund, the Federal Hospital Insurance Trust Fund, and
                the Federal Supplementary Medical Insurance Trust Fund,
                on a pro rata basis, the amount equal to the product
                of--
                            (i) the number of records that the report
                        states were identified by the Attorney General
                        under paragraph (1)(B); and
                            (ii) $10,000.
                    (B) Treatment of amounts.--Amounts rescinded under
                subparagraph (A) shall be deemed to have been expended
                for costs described in section 201(g)(1) of the Social
                Security Act (42 U.S.C. 401(g)(1)).

SEC. 5. STATE HEALTH REPORTS.

    Section 102(c)(3) of the NICS Improvement Amendments Act of 2007
(18 U.S.C. 922 note) is amended by adding at the end the following: ``A
report made available by a State indicating that a person has been
adjudicated as mentally incompetent or committed to a mental
institution shall not be used for purposes of any determination of
whether a person is disqualified from possessing or receiving a firearm
under subsection (g) or (n) of section 922 of title 18, United States
Code, unless the Attorney General determines that the proceedings for
the adjudication or commitment were conducted in accordance with, and
resulted in an order or finding described in, section 921(a)(36) of
title 18, United States Code, and that the State has provided clear and
convincing evidence that the person poses a significant danger.''.

SEC. 6. APPLICABILITY OF AMENDMENTS.

    With respect to any record of a person prohibited from possessing
or receiving a firearm under subsection (d)(4) or (g)(4) of section 922
of title 18, United States Code, before the date of enactment of this
Act, the Attorney General shall remove such a record from the National
Instant Criminal Background Check System--
            (1) upon being made aware that the person is no longer
        considered as adjudicated mentally incompetent or committed to
        a psychiatric hospital according to the criteria under
        paragraph (36)(A)(i)(II) of section 921(a) of title 18, United
        States Code (as added by this Act), and is therefore no longer
        prohibited from possessing or receiving a firearm;
            (2) upon being made aware that any order or finding that
        the record is based on is an order or finding described in
        paragraph (36)(B) of section 921(a) of title 18, United States
        Code (as added by this Act); or
            (3) upon being made aware that the person has been found
        competent to possess a firearm after an administrative or
        judicial review under subsection (c) or (d) of section 5511 of
        title 38, United States Code (as added by this Act).

Output: Protecting Gun Rights and Due Process Act This bill amends the federal criminal code and other laws to raise the threshold that must be met with respect to disqualifying an individual, for reasons relating to mental health, from possessing or receiving a firearm. Specifically, such an individual must have been either adjudicated mentally incompetent or committed to a psychiatric hospital. In addition, the bill excludes, for purposes of a determination of whether an individual is disqualified from possessing or receiving a firearm: (1) certain state health reports, and (2) specified determinations made by the Department of Veterans Affairs or the Social Security Administration.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Mandate Reduction, Reform,
and Budget Act of 1993''.

SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.

    (a) Federal Regulatory Budget Cost Control System.--Title III of
the Congressional Budget Act of 1974 is amended by inserting before
section 300 the following new center heading ``PART A--GENERAL
PROVISIONS'' and by adding at the end the following new part:

             ``PART B--FEDERAL MANDATE BUDGET COST CONTROL

SEC. 321. OMB-CBO REPORTS.

    ``(a) OMB-CBO Initial Report.--Within 1 year after the date of
enactment of this section, OMB and CBO shall jointly issue a report to
the President and each House of Congress that contains the following:
            ``(1) For the first budget year beginning after the
        issuance of this report, a projection of the aggregate direct
        cost to States and local governments of complying with all
        Federal mandates in effect immediately before issuance of the
        report containing the projection for that budget year of the
        effect of current-year Federal mandates into the budget year
        and the outyears based on those mandates.
            ``(2) A calculation of the estimated aggregate direct cost
        to States and local governments of compliance with all Federal
        mandates as a percentage of the gross domestic product (GDP).
            ``(3) The estimated marginal cost (measured as a reduction
        in estimated gross domestic product) to States and local
        governments of compliance with all Federal mandates in excess
        of the cap (to be determined under paragraph (5)) allowable for
        the sixth year following the budget year and subsequent fiscal
        years.
            ``(4) The effect on the domestic economy of different types
        of Federal mandates.
            ``(5) The appropriate level of personnel, administrative
        overhead, and programmatic savings that should be achieved on a
        fiscal year by fiscal year basis by Federal agencies that issue
        mandates with direct costs to States and local governments
        through the reduction of such aggregate costs to States and
        local governments by 6.5 percent for the budget year (as
        measured against the aggregate mandate baseline for the first
        budget year to which this part applies) and by 6.5 percent
        increments for each of the outyears (until the aggregate level
        of such costs does not exceed 3 percent of the estimated gross
        domestic product for the same fiscal year as the estimated
        costs that will be incurred).
            ``(6) Recommendations for budgeting, technical, and
        estimating changes to improve the Federal mandate budgeting
        process.
    ``(b) Update Reports.--OMB and CBO shall issue update reports on
September 15th of the fifth year beginning after issuance of the
initial report and at 5-year intervals thereafter containing all the
information required in the initial report, but based upon all Federal
mandates in effect immediately before issuance of the most recent
update report.
    ``(c) Initial Baseline Report.--Within 30 days after the date of
enactment of this section, OMB and CBO shall jointly issue a report to
the President and each House of Congress that contains an initial
aggregate mandate baseline for the first budget year that begins at
least 120 days after that date of enactment. That baseline will be a
projection of the aggregate direct cost to States and local governments
of complying with all Federal mandates in effect immediately before
issuance of the report containing the projection for that budget year
of the effect of current-year Federal mandates into the budget year and
the outyears based on those mandates.

``SEC. 322. AGGREGATE MANDATE BASELINE.

    ``(a) In General.--For the first budget year beginning after the
date of enactment of this section and for every other fiscal year
thereafter, the aggregate mandate baseline refers to a projection of
the aggregate direct cost to States and local governments of complying
with all Federal mandates in effect immediately before issuance of the
report containing the projection for that budget year of the effect of
current-year Federal mandates into the budget year and the outyears
based on those mandates. However, in the case of each of the succeeding
fiscal years, the baseline shall be adjusted for the estimated growth
during that year in the gross domestic product (GDP).
    ``(b) OMB-CBO Aggregate Mandate Baseline Reports.--(1) The first
budget year for which there shall be an aggregate mandate baseline
shall be the budget year to which the initial OMB-CBO baseline report
issued under section 321(c) pertains.
    ``(2) In the case of each budget year after the budget year
referred to in paragraph (1), not later than September 15 of the
current year, OMB and CBO shall jointly issue a report containing the
baseline referred to in subsection (a) for that budget year.

``SEC. 323. RECONCILIATION AND ALLOCATIONS.

    ``(a) Reconciliation Directives.--In addition to the requirements
of section 310, a concurrent resolution on the budget for any fiscal
year shall specify--
            ``(1) changes in laws and regulations necessary to reduce
        the aggregate direct cost to States and local governments of
        complying with all Federal mandates by 6.5 percent for the
        budget year (as measured against the aggregate mandate baseline
        for the first budget year to which this part applies) and by
        6.5 percent increments for each of the outyears (until the
        aggregate level of such costs does not exceed 3 percent of the
        estimated gross domestic product for the same fiscal year as
        the estimated costs that will be incurred) for Federal agencies
        that issue mandates producing direct costs to States and local
        governments; and
            ``(2) changes in laws necessary to achieve reductions in
        the level of personnel and administrative overhead and to
        achieve programmatic savings for the budget year and the
        outyears for those agencies of the following:
                    ``(A) In the first outyear, one-fourth of the
                percent of reduction in mandate authority from the
                aggregate mandate base.
                    ``(B) In the second outyear, one-third of the
                percent of reduction in mandate authority from the
                aggregate mandate base.
                    ``(C) In the third, fourth, fifth, and sixth years
                following the budget year, one-half of the percent of
                reduction in mandate authority from the aggregate
                mandate base.
Section 310(c) shall not apply with respect to directions made under
this section.
    ``(b) Allocation of Totals.--(1) The Committees on the Budget of
the House of Representatives and the Senate shall each allocate
aggregate 2-year mandate authority among each committee of its House
and by major functional category for the first budget year beginning
after the date of enactment of this section and for the second, fourth,
and sixth years following the budget year and then every other year
thereafter.
    ``(2) As soon as practicable after receiving an allocation under
paragraph (1), each committee shall subdivide its allocation among its
subcommittees or among programs over which it has jurisdiction.
    ``(c) Point of Order.--(1) It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution, or
amendment thereto, which would cause the appropriate allocation made
under subsection (b) for a fiscal year of mandate authority to be
exceeded.
    ``(2) Waiver.--The point of order set forth in paragraph (1) may
only be waived by the affirmative vote of at least three-fifths of the
Members voting, a quorum being present.
    ``(d) Determinations by Budget Committees.--For purposes of this
section, the level of mandate authority for a fiscal year shall be
determined by the Committee on the Budget of the House of
Representatives or the Senate, as the case may be.
    ``(e) Exceeding Allocation Totals.--Whenever any Committee of the
House of Representatives exceeds its allocation of aggregate 2-year
mandate authority under subsection (b)(1), any Member of the House of
Representatives may offer a bill in the House (which shall be highly
privileged, unamendable, and debateable for 30 minutes) which shall
only prohibit the issuance of mandates by any agency under the
jurisdiction of that committee for the fiscal years covered by that
allocation until that committee eliminates its breach.

``SEC. 324. ANALYSIS OF MANDATES COSTS BY CONGRESSIONAL BUDGET OFFICE.

    ``CBO shall prepare for each bill or resolution of a public
character reported by any committee of the House of Representatives or
the Senate (except the Committee on Appropriations of each House), and
submit to such committee--
            ``(1) an estimate of the costs which would be incurred by
        States and local governments in carrying out or complying with
        such bill or resolution in the fiscal year in which it is to
        become effective and in each of the 4 fiscal years following
        such fiscal year, together with the basis of each such
        estimate; and
            ``(2) a comparison of the estimate of costs described in
        paragraph (1) with any available estimates of costs made by
        such committee or by any Federal agency.

``SEC. 325. DEFINITIONS.

    ``As used in this part:
            ``(1) The term `CBO' refers to the Director of the
        Congressional Budget Office.
            ``(2) The term `OMB' refers to the Director of the Office
        of Management and Budget.
            ``(3) The term `costs' when referring to `mandates' means
        the direct cost to States and local governments of complying
        with Federal mandates.
            ``(4) The term `direct costs' means (recognizing that
        direct costs are not the only costs associated with Federal
        mandates) all expenditures occurring as a direct result of
        complying with Federal mandates, except those applying to the
        military or agency organization, management, and personnel.''.

SEC. 3. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS.

    Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
            ``(29) a mandate authority budget analysis of the aggregate
        direct cost to States and local governments of complying with
        all current and proposed Federal mandates and proposals for
        complying with section 323 of the Congressional Budget Act of
        1974 for the budget year and the outyears.''

SEC. 4. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL MANDATES.

    (a) Costs to State and Local Governments.--Chapter 6 of title 5,
United States Code, popularly known as the ``Regulatory Flexibility
Act'', is amended--
            (1) by adding at the end of section 603 the following:
    ``(d) Each initial regulatory flexibility analysis for a proposed
rule that establishes or implements a new Federal mandate shall also
contain a description of the nature and amount of monetary costs that
will be incurred by State and local governments in complying with the
Federal mandate.'';
            (2) in section 604(a)--
                    (A) in paragraph (2) by striking ``and'' after the
                semicolon;
                    (B) in paragraph (3) by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) in the case of an analysis for a rule that
        establishes or implements a new Federal mandate, a statement of
        the nature and amount of monetary costs that will be incurred
        by State and local governments in complying with the Federal
        mandate.''; and
            (3) in section 607 by inserting before the period the
        following: ``, except that estimates of monetary costs under
        sections 603(d) and 604(a)(4) shall only be in the form of a
        numerical description''.
    (b) Agency Reports.--Each agency that under chapter 6 of title 5,
United States Code, prepares an initial regulatory flexibility analysis
for a proposed rule that establishes or implements a new Federal
mandate shall at the same time submit to each House of Congress and to
CBO and OMB a cost estimate and cost benefit analysis of any new
Federal mandate that would have an aggregate direct cost to State and
local governments of at least $10,000,000 for any fiscal year.

Output:
Federal Mandate Reduction, Reform, and Budget Act of 1993 - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for the Office of Management and Budget and the Congressional Budget Office (CBO) with respect to reducing the direct costs to States and local governments of complying with Federal mandates.  Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross national product for the same fiscal year as the costs will be incurred.
Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees).  Requires a similar analysis in the President's annual budget submissions.
Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments.  Requires Federal agencies to prepare a cost estimate and cost benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Battlefield Excellence through
Superior Training Practices Act'' or the ``BEST Practices Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Department of Defense has made impressive strides
        in the development and use of methods of medical training and
        troop protection, such as the use of tourniquets and
        improvements in body armor, that have led to decreased
        battlefield fatalities.
            (2) The Department of Defense uses more than 8,500 live
        animals each year to train physicians, medics, corpsmen, and
        other personnel methods of responding to severe battlefield
        injuries.
            (3) The civilian sector has almost exclusively phased in
        the use of superior human-based training methods for numerous
        medical procedures currently taught in military courses using
        animals.
            (4) Human-based medical training methods such as simulators
        replicate human anatomy and can allow for repetitive practice
        and data collection.
            (5) According to scientific, peer-reviewed literature,
        medical simulation increases patient safety and decreases
        errors by healthcare providers.
            (6) The Army Research, Development and Engineering Command
        and other entities of the Department of Defense have taken
        significant steps to develop methods to replace live animal-
        based training.
            (7) According to the report by the Department of Defense
        titled ``Final Report on the use of Live Animals in Medical
        Education and Training Joint Analysis Team'', published on July
        12, 2009--
                    (A) validated, high-fidelity simulators were to
                have been available for nearly every high-volume or
                high-value battlefield medical procedure by the end of
                2011, and many were available as of 2009; and
                    (B) validated, high-fidelity simulators were to
                have been available to teach all other procedures to
                respond to common battlefield injuries by 2014.
            (8) The Center for Sustainment of Trauma and Readiness
        Skills of the Air Force exclusively uses human-based training
        methods in its courses and does not use animals.
            (9) In 2013, the Army instituted a policy forbidding non-
        medical personnel from participating in training courses
        involving the use of animals.
            (10) In 2013, the medical school of the Department of
        Defense, part of the Uniformed Services University of the
        Health Sciences, replaced animal use within its medical student
        curriculum.
            (11) The Coast Guard announced in 2014 that it would reduce
        by half the number of animals it uses for combat trauma
        training courses but stated that animals would continue to be
        used in courses designed for Department of Defense personnel.
            (12) Effective January 1, 2015, the Department of Defense
        replaced animal use in six areas of medical training, including
        Advanced Trauma Life Support courses and the development and
        maintenance of surgical and critical care skills for field
        operational surgery and field assessment and skills tests for
        international students offered at the Defense Institute of
        Medical Operations.

SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL
              TRAINING.

    (a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2017. Use of human-based methods for certain medical training
    ``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2020,
the Secretary of Defense shall develop, test, and validate human-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries with the goal of
replacing live animal-based training methods.
    ``(2) Not later than October 1, 2022, the Secretary--
            ``(A) shall only use human-based training methods for the
        purpose of training members of the armed forces in the
        treatment of combat trauma injuries; and
            ``(B) may not use animals for such purpose.
    ``(b) Exception for Particular Commands and Training Methods.--(1)
The Secretary may exempt a particular command, particular training
method, or both, from the requirement for human-based training methods
under subsection (a)(2) if the Secretary determines that human-based
training methods will not provide an educationally equivalent or
superior substitute for live animal-based training methods for such
command or training method, as the case may be.
    ``(2) Any exemption under this subsection shall be for such period,
not more than one year, as the Secretary shall specify in granting the
exemption. Any exemption may be renewed (subject to the preceding
sentence).
    ``(c) Annual Reports.--(1) Not later than October 1, 2018, and each
year thereafter, the Secretary shall submit to the congressional
defense committees a report on the development and implementation of
human-based training methods for the purpose of training members of the
armed forces in the treatment of combat trauma injuries under this
section.
    ``(2) Each report under this subsection on or after October 1,
2022, shall include a description of any exemption under subsection (b)
that is in force at the time of such report, and a current
justification for such exemption.
    ``(d) Definitions.--In this section:
            ``(1) The term `combat trauma injuries' means severe
        injuries likely to occur during combat, including--
                    ``(A) hemorrhage;
                    ``(B) tension pneumothorax;
                    ``(C) amputation resulting from blast injury;
                    ``(D) compromises to the airway; and
                    ``(E) other injuries.
            ``(2) The term `human-based training methods' means, with
        respect to training individuals in medical treatment, the use
        of systems and devices that do not use animals, including--
                    ``(A) simulators;
                    ``(B) partial task trainers;
                    ``(C) moulage;
                    ``(D) simulated combat environments;
                    ``(E) human cadavers; and
                    ``(F) rotations in civilian and military trauma
                centers.
            ``(3) The term `partial task trainers' means training aids
        that allow individuals to learn or practice specific medical
        procedures.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by adding at the end the following
new item:

``2017. Use of human-based methods for certain medical training.''.

Output: Battlefield Excellence through Superior Training Practices Act or the BEST Practices Act This bill requires the Department of Defense (DOD), no later than: (1) October 1, 2020, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat trauma injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2022, to use only use human-based training methods for such purposes.  The bill prohibits the use of animals in such training after the latter date, but permits DOD to exempt a particular command or training method from human-based training method requirements for up to one year if the human-based methods will not provide an educationally equivalent or superior substitute for live animal-based training methods. Allows exemption periods to be renewed. DOD shall submit an annual report to Congress regarding the development and implementation of the human-based training methods, including the justifications for any exemptions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Travel America Now Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Prior to September 11, 2001, more than 19,000,000
        Americans were employed in travel and travel-related jobs, with
        an estimated annual payroll of $171,500,000,000.
            (2) In recent years, the travel and tourism industry has
        grown to be the third largest industry in the United States as
        measured by retail sales, with over $582,000,000,000 in
        expenditures, generating over $99,600,000,000 in Federal,
        State, and local tax revenues in 2000.
            (3) In 2000, the travel and tourism industry created a
        $14,000,000,000 balance of trade surplus for the United States.
            (4) The travel and tourism industry and all levels of
        government are working together to ensure that, following the
        horrific terrorist attacks on the World Trade Center and the
        Pentagon on September 11, 2001, travel is safe and secure, and
        that confidence among travelers is maintained.
            (5) Urgent, short-term measures are necessary to keep
        working people working and to generate cash flow to assist the
        travel and tourism industry in its ongoing efforts to retain
        its economic footing.
            (6) Increased consumer spending on travel and tourism is
        essential to revitalizing the United States economy.
            (7) The American public should be encouraged to travel for
        personal, as well as business, reasons as a means of keeping
        working people working and generating cash flow that can help
        stimulate a rebound in the Nation's economy.

SEC. 3. PERSONAL TRAVEL CREDIT.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:

``SEC. 25C. PERSONAL TRAVEL CREDIT.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified personal travel
expenses which are paid or incurred by the taxpayer on or after the
date of the enactment of this section and before January 1, 2002.
    ``(b) Maximum Credit.--The credit allowed to a taxpayer under
subsection (a) for any taxable year shall not exceed $500 ($1,000, in
the case of a joint return).
    ``(c) Qualified Personal Travel Expenses.--For purposes of this
section--
            ``(1) In general.--The term `qualified personal travel
        expenses' means reasonable expenses in connection with a
        qualifying personal trip for--
                    ``(A) travel by aircraft, rail, watercraft, or
                motor vehicle, and
                    ``(B) lodging while away from home at any
                commercial lodging facility.
        Such term does not include expenses for meals, entertainment,
        amusement, or recreation.
            ``(2) Qualifying personal trip.--
                    ``(A) In general.--The term `qualifying personal
                trip' means travel within the United States--
                            ``(i) the farthest destination of which is
                        at least 100 miles from the taxpayer's
                        residence,
                            ``(ii) involves an overnight stay at a
                        commercial lodging facility and
                            ``(iii) which is taken on or after the date
                        of the enactment of this section.
                    ``(B) Only personal travel included.--Such term
                shall not include travel if, without regard to this
                section, any expenses in connection with such travel
                are deductible in connection with a trade or business
                or activity for the production of income.
            ``(3) Commercial lodging facility.--The term `commercial
        lodging facility' includes any hotel, motel, resort, rooming
        house, or campground.
    ``(d) Special Rules.--
            ``(1) Denial of credit to dependents.--No credit shall be
        allowed under this section to any individual with respect to
        whom a deduction under section 151 is allowable to another
        taxpayer for a taxable year beginning in the calendar year in
        which such individual's taxable year begins.
            ``(2) Expenses must be substantiated.--No credit shall be
        allowed by subsection (a) unless the taxpayer substantiates by
        adequate records or by sufficient evidence corroborating the
        taxpayer's own statement the amount of the expenses described
        in subsection (c)(1).
    ``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which credit is allowed under
this section.''.
    (b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting before the item relating to section 26 the
following new item:

                              ``Sec. 25C. Personal travel credit.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.

SEC. 4. TEMPORARY INCREASE IN DEDUCTION FOR BUSINESS MEALS AND
              ENTERTAINMENT.

    (a) In General.--Subsection (n) of section 274 of the Internal
Revenue Code of 1986 (relating to only 50 percent of meal and
entertainment expenses allowed as deduction) is amended by adding at
the end the following new paragraph:
            ``(4) Temporary increase in limitation.--With respect to
        any expense or item paid or incurred on or after the date of
        the enactment of this paragraph and before January 1, 2002,
        paragraph (1) shall be applied by substituting `100 percent'
        for `50 percent'.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.

SEC. 5. NET OPERATING LOSS CARRYBACK FOR TRAVEL AND TOURISM INDUSTRY.

    (a) In General.--Paragraph (1) of section 172(b) of the Internal
Revenue Code of 1986 (relating to years to which loss may be carried)
is amended by adding at the end the following new subparagraph:
                    ``(H) Travel and tourism industry losses.--In the
                case of a taxpayer which has a travel or tourism loss
                (as defined in subsection (j)) for a taxable year that
                includes any portion of the period beginning on or
                after September 12, 2001, and ending before January 1,
                2002, such travel or tourism loss shall be a net
                operating loss carryback to each of the 5 taxable years
                preceding the taxable year of such loss.''.
    (b) Special Rules for Travel and Tourism Industry Losses.--Section
172 of the Internal Revenue Code of 1986 (relating to net operating
loss deduction) is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the following new
subsection:
    ``(j) Rules Relating to Travel and Tourism Industry Losses.--For
purposes of this section--
            ``(1) In general.--The term `travel or tourism loss' means
        the lesser of--
                    ``(A) the amount which would be the net operating
                loss for the taxable year if only income and deductions
                attributable to the travel or tourism businesses are
                taken into account, or
                    ``(B) the amount of the net operating loss for such
                taxable year.
            ``(2) Travel or tourism business.--The term `travel or
        tourism business' includes the active conduct of a trade or
        business directly related to travel or tourism, including--
                    ``(A) the provision of commercial transportation
                (including rentals) or lodging,
                    ``(B) the operation of airports or other
                transportation facilities or the provision of services
                or the sale of merchandise within such facilities,
                    ``(C) the provision of services as a travel agent,
                    ``(D) the operation of convention, trade show, or
                entertainment facilities, and
                    ``(E) the provision of other services as specified
                by the Secretary.
            ``(3) Coordination with subsection (b)(2).--For purposes of
        applying subsection (b)(2), a travel or tourism loss for any
        taxable year shall be treated in a manner similar to the manner
        in which a specified liability loss is treated.
            ``(4) Election.--Any taxpayer entitled to a 5-year
        carryback under subsection (b)(1)(H) from any loss year may
        elect to have the carryback period with respect to such loss
        year determined without regard to subsection (b)(1)(H). Such
        election shall be made in such manner as may be prescribed by
        the Secretary and shall be made by the due date (including
        extensions of time) for filing the taxpayer's return for the
        taxable year of the net operating loss. Such election, once
        made for any taxable year, shall be irrevocable for such
        taxable year.
            ``(5) Related taxpayers.--Under regulations prescribed by
        the Secretary and at the election of a taxpayer entitled to a
        5-year carryback under subsection (b)(1)(H) with respect to a
        travel or tourism loss, such loss may be credited against the
        taxable income earned during the 5-year carryback period by any
        member of a controlled group of corporations (as defined in
        section 1563(a)) of which the taxpayer is a component or
        additional member within the meaning of section 1563(b).''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years ending before, on, or after the date of the
enactment of this Act.

SEC. 6. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION

    The constitutional authority upon which this Act rests is the power
of Congress to lay and collect taxes, set forth in article I, section 8
of the United States Constitution.

Output: Travel America Now Act of 2001-Amends the Internal Revenue Code to temporarily: (1) allow a credit for qualified personal travel expenses; (2) restore full deductibility for business entertainment expenses; and (3) extend the carry-back period for travel or tourism industry losses.


Input:
SECTION 1. UNIFORM STANDARDS FOR AWARD OF PUNITIVE DAMAGES.

    (a) General Rule.--Punitive damages may, to the extent permitted by
applicable State law, be awarded against a defendant if the claimant
establishes by clear and convincing evidence that conduct carried out
by the defendant with a conscious, flagrant indifference to the rights
or safety of others was the proximate cause of the harm that is the
subject of the action--
            (1) in any civil action where the claim relates to
        volunteer services performed by the defendant for a government
        entity or a not for profit organization organized and conducted
        for public benefit and operated primarily for charitable,
        civic, educational, religious, welfare, or health purposes; or
            (2) in any civil action where the claim relates to
        activities or services performed by a not for profit
        organization organized and conducted for public benefit and
        operated primarily for charitable, civic, educational,
        religious, welfare, or health purposes, not including health
        care providers.
    (b) Limitation on Amount.--
            (1) In general.--The amount of punitive damages that may be
        awarded in an action described in subsection (a) may not exceed
        the greater of--
                    (A) 2 times the sum of the amount awarded to the
                claimant for economic loss and non-economic loss; or
                    (B) $250,000.
            (2) Special rule.--Notwithstanding paragraph (1), in any
        action described in section (a) against an individual whose net
        worth does not exceed $500,000 or against an owner of an
        unincorporated business, or any partnership, corporation,
        association, congregation, unit of local government, or
        organization which has fewer than 25 full-time employees, the
        punitive damages shall not exceed the lesser of--
                    (A) 2 times the sum of the amount awarded to the
                claimant for economic loss and non-economic loss; or
                    (B) $250,000.
            (3) Exception for particular categories of misconduct.--The
        limitations on the amount of punitive damages contained in
        paragraphs (1) and (2) shall not apply in any action described
        in subsection (a)(1) or (a)(2) where the misconduct for which
        punitive damages are awarded--
                    (A) constitutes a crime of violence (as that term
                is defined in section 16 of title 18, United States
                Code) or act of international terrorism (as that term
                is defined in section 2331 of title 18) for which the
                defendant has been convicted in any court;
                    (B) constitutes a hate crime (as that term is used
                in the Hate Crime Statistics Act (28 U.S.C. 534 note));
                    (C) involves a sexual offense, as defined by
                applicable State law, for which the defendant has been
                convicted in any court;
                    (D) involves misconduct for which the defendant has
                been found to have violated a Federal or State civil
                rights law; or
                    (E) where the defendant was under the influence (as
                determined pursuant to applicable State law) of
                intoxicating alcohol or any drug, as defined in section
                104(b)(2) of this title, at the time of the misconduct
                for which punitive damages are awarded.
            (4) Exception for insufficient award in cases of egregious
        conduct.--
                    (A) Determination by court.--If the court makes a
                determination, after considering each of the factors in
                subparagraph (B), that the application of paragraph (1)
                would result in an award of punitive damages that is
                insufficient to punish the egregious conduct of the
                defendant against whom the punitive damages are to be
                awarded or to deter such conduct in the future, the
                court shall determine the additional amount of punitive
                damages (referred to in this paragraph as the
                ``additional amount'') in excess of the amount
                determined in accordance with paragraph (1) to be
                awarded against the defendant in a separate proceeding
                in accordance with this paragraph.
                    (B) Factors for consideration.--In any proceeding
                under paragraph (A), the court shall consider--
                            (i) the extent to which the defendant acted
                        with actual malice;
                            (ii) the likelihood that serious harm would
                        arise from the conduct of the defendant;
                            (iii) the degree of the awareness of the
                        defendant of that likelihood;
                            (iv) the profitability of the misconduct to
                        the defendant;
                            (v) the duration of the misconduct and any
                        concurrent or subsequent concealment of the
                        conduct by the defendant;
                            (vi) the attitude and conduct of the
                        defendant upon the discovery of the misconduct
                        and whether the misconduct has terminated;
                            (vii) the financial condition of the
                        defendant; and
                            (viii) the cumulative deterrent effect of
                        other losses, damages, and punishment suffered
                        by the defendant as a result of the misconduct,
                        reducing the amount of punitive damages on the
                        basis of the economic impact and severity of
                        all measures to which the defendant has been or
                        may be subjected, including--
                                    (I) compensatory and punitive
                                damage awards to similarly situated
                                claimants;
                                    (II) the adverse economic effect of
                                stigma or loss of reputation;
                                    (III) civil fines and criminal and
                                administrative penalties; and
                                    (IV) stop sale, cease and desist,
                                and other remedial or enforcement
                                orders.
                    (C) Requirements for awarding additional amount.--
                If the court awards an additional amount pursuant to
                this subsection, the court shall state its reasons for
                setting the amount of the additional amount in findings
                of fact and conclusions of law.
                    (D) Preemption.--This section does not create a
                cause of action for punitive damages and does not
                preempt or supersede any State or Federal law to the
                extent that such law would further limit the award of
                punitive damages. Nothing in this subsection shall
                modify or reduce the ability of courts to order
                remittiturs.
            (5) Application by court.--This subsection shall be applied
        by the court and application of this subsection shall not be
        disclosed to the jury. Nothing in this subsection shall
        authorize the court to enter an award of punitive damages in
        excess of the jury's initial award of punitive damages.
    (c) Bifurcation at Request of Any Party.--
            (1) In general.--At the request of any party the trier of
        fact in any action that is subject to this section shall
        consider in a separate proceeding, held subsequent to the
        determination of the amount of compensatory damages, whether
        punitive damages are to be awarded for the harm that is the
        subject of the action and the amount of the award.
            (2) Inadmissibility of evidence relative only to a claim of
        punitive damages in a proceeding concerning compensatory
        damages.--If any party requests a separate proceeding under
        paragraph (1), in a proceeding to determine whether the
        claimant may be awarded compensatory damages, any evidence,
        argument, or contention that is relevant only to the claim of
        punitive damages, as determined by applicable State law, shall
        be inadmissible.
    (d) Definition.--
            Health care provider.--The term ``health care provider''
        means any person, organization, or institution that is engaged
        in the delivery of health care services in a State and that is
        required by the laws or regulations of the State to be
        licensed, registered, or certified by the State to engage in
        the delivery of such services in the State.

Output:
Authorizes punitive damages to be awarded against a defendant, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the civil action where the claim relates to:  (1) volunteer services performed by the defendant for a government entity or a not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes; or (2) activities or services performed by such a not-for-profit organization, excluding health care providers.
Limits the amount of punitive damages that may be awarded in such an action to:  (1) the greater of twice the sum of the amount awarded to the claimant for economic loss and non-economic loss or $250,000, in general; and (2) the lesser of twice that sum or $250,000 in any such action against an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business or any partnership, corporation, association, congregation, unit of local government, or organization which has fewer than 25 full-time employees.
Makes exceptions to such limits on punitive damages:  (1) for particular categories of misconduct, such as where that misconduct constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted; and (2) where such limits would result in an award that is insufficient to punish the egregious conduct of the defendant or to deter such conduct in the future.
Sets forth provisions regarding:  (1) consideration of punitive damages in a separate proceeding at the request of any party; and (2) inadmissibility of evidence relative only to a claim of punitive damages in a proceeding concerning compensatory damages.