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

    (a) Short Title.--This Act may be cited as the ``Angeles and San
Bernardino National Forests Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Administration of Cucamonga, Sheep Mountain, and San Gabriel
                            Wilderness Areas.
Sec. 4. Expansion of Cucamonga and Sheep Mountain Wilderness Areas.
Sec. 5. Protection of property rights and uses in additions to
                            Cucamonga and Sheep Mountain Wilderness
                            Areas.
Sec. 6. Fire management in Cucamonga, Sheep Mountain, and San Gabriel
                            Wilderness Areas.
Sec. 7. Maintenance of Angeles and San Bernardino National Forests.
Sec. 8. Completion of wild and scenic rivers studies.
Sec. 9. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) California has experienced devastating wildfires that
        have caused mudslides, burned public and private lands,
        destroyed and damaged structures and homes, and taken the lives
        of residents and first responders.
            (2) On August 30, 2009, Fire Captain Tedmund ``Ted'' Hall,
        47, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34,
        of the Los Angeles County Fire Department lost their lives
        while battling the Station Fire.
            (3) Coordination among Federal, State, and local agencies
        is essential to effectively respond to emergencies and prevent
        further loss of life from incidents in and around the Angeles
        and San Bernardino National Forests.
            (4) The Angeles and San Bernardino National Forests are
        among the most widely visited national forests in the Nation.
            (5) The Angeles and San Bernardino National Forests provide
        families with a variety of recreational opportunities,
        including hunting, fishing, biking, hiking, boating, swimming,
        off-highway vehicle use, skiing and snowboarding, horseback
        riding, camping, and picnicking.
            (6) The Angeles and San Bernardino National Forests account
        for approximately 70 percent of the open space and provide 35
        percent of the drinking water in Los Angeles County, the most
        populous county in the Nation.
            (7) Several private land holdings and cabin communities are
        located within the Angeles and San Bernardino National Forests.
            (8) The Angeles and San Bernardino National Forests are
        also home to several rare and endangered plant and animal
        species.
            (9) Public safety, preserving recreational activities, and
        the protection of our natural resources must remain the top
        three priorities for these areas.

SEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL
              WILDERNESS AREAS.

    (a) Cucamonga and Sheep Mountain Wilderness Areas.--Except as
otherwise provided in this Act, the Secretary of Agriculture shall
continue to administer the Cucamonga and Sheep Mountain Wilderness
Areas as provided in section 103 of the California Wilderness Act of
1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1131 note) and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to
areas added to the Cucamonga or Sheep Mountain Wilderness Areas by an
amendment made by section 4, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of the enactment of this Act.
    (b) San Gabriel Wilderness Area.--Except as otherwise provided in
this Act, the Secretary of Agriculture shall continue to administer the
San Gabriel Wilderness Area in accordance with section 3 of the Act
entitled ``An Act to designate the San Gabriel Wilderness, Angeles
National Forest, in the State of California'', approved May 24, 1968
(Public Law 90-318; 82 Stat. 131; 16 U.S.C. 1132 note), and the
Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.

    (a) Expansion of Cucamonga Wilderness Area.--Section 101(a)(5) of
the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat.
1619; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the
following: ``and which comprise approximately 18,983 acres, as
generally depicted on a map entitled `Sheep Mountain and Cucamonga
Proposed Wilderness Addition' and dated July 13, 2010,''.
    (b) Expansion of Sheep Mountain Wilderness Area.--Section
101(a)(29) of the California Wilderness Act of 1984 (Public Law 98-425;
98 Stat. 1623; 16 U.S.C. 1132 note) is amended by inserting after
``1984,'' the following: ``and which comprise approximately 53,889
acres, as generally depicted on a map entitled `Sheep Mountain and
Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''.
    (c) Maps and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
file with the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives a copy
of the map referred to in the amendments made by subsections (a) and
(b) and legal descriptions of each wilderness area expanded by such
amendments. The map and legal descriptions shall have the same force
and effect as if included in this Act. The map and legal descriptions
shall be on file and available for public inspection in the appropriate
offices of the Forest Service.

SEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN ADDITIONS TO
              CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.

    (a) Definition of Covered Wilderness Addition.--For purposes of
this section, the term ``covered wilderness addition'' means an area
added by the amendments in subsections (a) and (b) in subsection (4)
to--
            (1) the Cucamonga Wilderness Area; or
            (2) the Sheep Mountain Wilderness Area.
    (b) No Effect on Valid Existing Rights.--No provision in this Act
shall affect any valid existing rights, including the following rights:
            (1) The rights of owners of private property in a covered
        wilderness addition.
            (2) Water rights.
    (c) Hunting, Fishing, and Trapping.--Consistent with section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
Act or the Wilderness Act shall be construed as affecting the
jurisdiction or responsibilities of the State of California with
respect to hunting, fishing, and trapping in a covered wilderness
addition.
    (d) Wildlife and Fish Conservation Activities.--
            (1) In general.--Consistent with section 4(d)(7) of the
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act
        shall be construed as affecting the authority of the State of
        California to carry out activities for the conservation of
        wildlife and fish, including management activities to maintain
        or restore wildlife and fish populations and the habitats
        supporting such populations, in a covered wilderness addition.
            (2) Use of aircraft and other vehicles.--Consistent with
        the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of
        Agriculture may authorize in a covered wilderness addition, in
        the manner in which the Secretary has previously authorized
        such activities in the Cucamonga and Sheep Mountain Wilderness
        Areas--
                    (A) the use of transportation and equipment
                including motor vehicles, motorized equipment or
                motorboats, aircraft, and other forms of mechanical
                transport to carry out activities described in
                paragraph (1); and
                    (B) if the Secretary determines that the minimum
                tools necessary will be used, the infrequent and
                temporary landing of helicopters at unmodified sites
                for wildlife research or for the capture or
                translocation of species of wildlife including bighorn
                sheep.
    (e) Drug Interdiction.--Nothing in this Act or the Wilderness Act
(16 U.S.C. 1131 et seq.) shall interfere with drug interdiction
operations in, around, or affecting a covered wilderness addition
(including low-level overflights of such addition), or otherwise
restrict law enforcement access to a covered wilderness addition.
    (f) Military Activities.--Nothing in this Act or the Wilderness Act
(16 U.S.C. 1131 et seq.) shall interfere with low-level overflights of
military aircraft, the designation of new units of special airspace, or
the use or establishment of military flight training routes over a
covered wilderness addition.
    (g) Horses.--Nothing in this Act precludes horseback riding in, or
the entry of recreational or commercial saddle or pack stock into, a
covered wilderness addition in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)) and subject to any terms and
conditions determined by the Secretary of Agriculture to be necessary.
    (h) Access for Persons With Disabilities.--The Secretary of
Agriculture, in consultation with the public, shall consider options
for the design and construction of trails in the covered wilderness
additions that are suitable for use by persons with disabilities.
    (i) Access to Private Property.--In conformance with subsections
(a) and (b) of section 5 of the Wilderness Act (16 U.S.C. 1134), the
Secretary of Agriculture shall provide any owner of private property
within the boundary of a covered wilderness addition adequate access to
the property to ensure the reasonable use and enjoyment of the property
by the owner.
    (j) Activities or Uses in Buffer Zones.--Congress does not intend
the inclusion of a covered wilderness addition in the Cucamonga or
Sheep Mountain Wilderness Areas to result in the creation of protective
perimeters or buffer zones around such addition. The fact that
nonwilderness activities or uses can be seen or heard from within a
covered wilderness addition shall not, of itself, preclude such
activities or uses up to the boundaries of such addition.

SEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL
              WILDERNESS AREAS.

    (a) Authorized Measures for Control of Fire, Insects, and
Diseases.--
            (1) In general.--The Secretary of Agriculture may take such
        measures in the Cucamonga, Sheep Mountain, and San Gabriel
        Wilderness Areas as are necessary for the control of fire,
        insects, and diseases (including the use of prescribed burning,
        priority treatments, or fuels reduction) in accordance with
        section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1))
        and House Report 98-40 of the 98th Congress.
            (2) Use of mechanized equipment and other measures.--The
        inclusion of the Cucamonga, Sheep Mountain, and San Gabriel
        Wilderness Areas in the National Wilderness Preservation System
        shall not be construed to interfere with or prevent--
                    (A) for purposes of wildfire prevention, the
                mechanical thinning of trees or underbrush in the
                wilderness areas; and
                    (B) for purposes of responding to a wildfire that
                threatens a community, the use by the Secretary, the
                Forest Service, or a Federal Incident Commander of any
                modern method of fire suppression in the wilderness
                areas, including methods involving the use of
                mechanized heavy equipment, installation of fire breaks
                (including roads), and such other methods as are
                necessary to address the threat.
    (b) Revision and Development of Local Fire Management Plans.--As
soon as practicable after the date of the enactment of this Act, the
Secretary of Agriculture shall amend the local fire management plans
that apply to the Cucamonga, Sheep Mountain, and San Gabriel Wilderness
Areas. In the local fire management plans, the Secretary shall identify
the following:
            (1) Best management practices (consistent with subsection
        (a)) for wildfire prevention, wildfire response, and watershed
        protection in the wilderness areas.
            (2) State and local officials to carry out the management
        practices described in paragraph (1).
    (c) Administration.--Not later than one year after the date of the
enactment of this Act, to ensure a timely and efficient response to
wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness
Areas, the Secretary shall carry out the following measures:
            (1) The Secretary shall establish agency approval
        procedures (including delegations of authority, as appropriate,
        to the Forest Supervisor, District Manager, Incident Commander,
        or other agency officials) for responding to wildfires.
            (2) The Secretary shall enter into agreements, as
        appropriate, with State and local firefighting agencies to
        carry out measures for wildfire prevention and response.
    (d) Funding Priorities.--Nothing in this Act limits funding for
fire and fuels management in the Cucamonga, Sheep Mountain, and San
Gabriel Wilderness Areas.

SEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO NATIONAL FORESTS.

    (a) Assessment of Maintenance Backlog.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Agriculture shall assess the backlog in the Angeles and San Bernardino
National Forests in--
            (1) preventive wildfire management activities, including
        fuels reduction;
            (2) maintenance of recreational areas, including the upkeep
        of signage for recreational areas and trails; and
            (3) restoration of the levels of access to and availability
        of recreational facilities and trails to at least the levels
        that existed immediately before the Station Fire in August
        2009.
    (b) Elimination of Maintenance Backlog.--As soon as practicable
after the Secretary of Agriculture has assessed the backlog under
subsection (a), the Secretary shall carry out measures to eliminate the
backlog assessed under subsection (a), focusing on the restoration
described in paragraph (3) of such subsection.

SEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUDIES.

    Not later than two years after the date of the enactment of this
Act, the Secretary of Agriculture shall complete and submit to Congress
the studies, undertaken before the date of the enactment of this Act
and uncompleted as of such date, regarding the potential addition of
portions of the San Gabriel River (East, West, and North Forks), San
Antonio Creek, and Middle Fork Lytle Creek in California to the
national wild and scenic rivers system instituted by the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.). Such studies shall include
information about the effect of each proposed addition on the
following:
            (1) Valid existing rights of owners of property adjacent to
        such rivers, including owners of cabins on leased property, and
        their access to and use of such rivers, including their use of
        pump systems.
            (2) Other uses of such rivers, including the operation of
        dams.
            (3) Sediment management operations for reservoirs.
            (4) Valid existing water rights and easements in such
        rivers.
            (5) Use of and access to existing roadways, bridges, and
        trails, including the extent to which an existing roadway,
        bridge, or trail may be maintained or improved.
            (6) Construction of new roadways, bridges, and trails.
            (7) Implementation of future projects, including any delays
        that may be caused by environmental documentation required as a
        result of the addition.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

Output:
Angeles and San Bernardino National Forests Protection Act - Incorporates specified proposed wilderness additions into the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San Bernardino National Forests in California.

 Sets forth provisions regarding private property and water rights protections and permissible activities in such additions.

Authorizes the Secretary of Agriculture to take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas that are necessary for the control of fire, insects, and diseases.

Directs the Secretary to assess a specified maintenance backlog in the Angeles and San Bernardino National Forests.

Requires completion of the studies regarding the potential addition of portions of the San Gabriel River, San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system.


Input:
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``American Indian
Equal Justice Act''.
    (b) Findings.--Congress finds that--
            (1) a universal principle of simple justice and accountable
        government requires that all persons be afforded legal remedies
        for violations of their legal rights;
            (2) the fifth amendment of the Constitution builds upon
        that principle by guaranteeing that ``. . . no person shall be
        deprived of life, liberty, or property without due process of
        law'';
            (3) sovereign immunity, a legal doctrine that has its
        origins in feudal England when it was policy that the ``King
        could do no wrong'', affronts that principle and is
        incompatible with the rule of law in democratic society;
            (4) for more than a century, the Government of the United
        States and the States have dramatically scaled back the
        doctrine of sovereign immunity without impairing their dignity,
        sovereignty, or ability to conduct valid government policies;
            (5) the only remaining governments in the United States
        that maintain and assert the full scope of immunity from
        lawsuits are Indian tribal governments;
            (6) according to the 1990 decennial census conducted by the
        Bureau of the Census, nearly half of the individuals residing
        on Indian reservations are non-Indian;
            (7) for the non-Indian individuals referred to in paragraph
        (6) and the thousands of people of the United States, Indian
        and non-Indian, who interact with tribal governments everyday,
        the rights to due process and legal remedy are constantly at
        risk because of tribal immunity;
            (8) by providing a complete shield from legal claims, the
        doctrine of sovereign immunity frustrates justice and provokes
        social tensions and turmoil inimical to social peace;
            (9) the Supreme Court has affirmed that Congress has clear
        and undoubted constitutional authority to define, limit, or
        waive the immunity of Indian tribes; and
            (10) it is necessary to address the issue referred to in
        paragraph (9) in order to--
                    (A) secure the rights provided under the
                Constitution for all persons; and
                    (B) uphold the principle that no government should
                be above the law.
    (c) Purpose.--The purpose of this Act is to assist in ensuring due
process and legal rights throughout the United States and to strengthen
the rule of law by making Indian tribal governments subject to judicial
review with respect to certain civil matters.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' means any
        Indian tribe or band with a governing body duly recognized by
        the Secretary of the Interior.
            (2) Tribal immunity.--The term ``tribal immunity'' means
        the immunity of an Indian tribe from jurisdiction of the
        courts, judicial review of an action of that Indian tribe, and
        other remedies.

SEC. 3. COLLECTION OF STATE TAXES.

    Section 1362 of title 28, United States Code, is amended--
            (1) by inserting ``(a)'' before ``The district courts'';
            (2) by inserting ``(referred to in this section as an
        `Indian tribe')'' after ``Interior''; and
            (3) by adding at the end the following:
    ``(b)(1) An Indian tribe, tribal corporation, or member of an
Indian tribe, shall collect, and remit to a State, any excise, use, or
sales tax imposed by the State on nonmembers of the Indian tribe as a
consequence of the purchase of goods or services by the nonmember from
the Indian tribe, tribal corporation, or member.
    ``(2) A State may bring an action in a district court of the United
States to enforce the requirements under paragraph (1).
    ``(3) To the extent necessary to enforce this subsection with
respect to an Indian tribe, tribal corporation, or member of an Indian
tribe, the tribal immunity of that Indian tribe, tribal corporation, or
member is waived.''.

SEC. 4. INDIAN TRIBES AS DEFENDANTS.

    (a) Provisions To Parallel the Provisions That Are Popularly Known
as the Tucker Act.--Section 1362 of title 28, United States Code, as
amended by section 3, is further amended by adding at the end the
following:
    ``(c)(1) The district courts of the United States shall have
original jurisdiction in any civil action or claim against an Indian
tribe, with respect to which the matter in controversy arises under the
Constitution, laws, or treaties of the United States.
    ``(2) The district courts shall have jurisdiction of any civil
action or claim against an Indian tribe for liquidated or unliquidated
damages for cases not sounding in tort that involve any contract made
by the governing body of the Indian tribe or on behalf of an Indian
tribe.
    ``(d) Subject to the provisions of chapter 171A, the district
courts shall have jurisdiction of civil actions in claims against an
Indian tribe for money damages, accruing on or after the date of
enactment of the American Indian Equal Justice Act for injury or loss
of property, personal injury, or death caused by the negligent or
wrongful act or omission of an Indian tribe under circumstances in
which the Indian tribe, if a private individual or corporation would be
liable to the claimant in accordance with the law of the State where
the act or omission occurred.
    ``(e) To the extent necessary to enforce this section, the tribal
immunity (as that term is defined in section 2 of the American Indian
Equal Justice Act) of the Indian tribe (as that term is defined in such
section 2) involved is waived.''.

SEC. 5. TORT CLAIMS PROCEDURE.

    (a) In General.--Part 6 of title 28, United States Code, is amended
by inserting after chapter 171 the following:

              ``CHAPTER 171A--INDIAN TORT CLAIMS PROCEDURE

``Sec.
``2691. Definitions.
``2692. Liability of Indian tribes.
``2693. Compromise.
``2694. Exceptions; waiver.
``Sec. 2691. Definitions
    ``In this chapter:
            ``(1)(A) Subject to subparagraph (B), the term `employee of
        an Indian tribe' includes--
                    ``(i) an officer or employee of an Indian tribe;
                and
                    ``(ii) any person acting on behalf of an Indian
                tribe in an official capacity, temporarily or
                permanently, whether with or without compensation
                (other than an employee of the Federal Government or
                the government of a State or political subdivision
                thereof who is acting within the scope of the
                employment of that individual).
            ``(B) The term includes an individual who is employed by an
        Indian tribe to carry out a self-determination contract (as
        that term is defined in section 4(j) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C.
        450b(j))).
            ``(2) The term `Indian tribe' means any Indian tribe or
        band with a governing body duly recognized by the Secretary of
        the Interior.
``Sec. 2692. Liability of Indian tribes
    ``(a) An Indian tribe shall be liable, relating to tort claims, in
the same manner and to the same extent, as a private individual or
corporation under like circumstances, but shall not be liable for
interest before judgment or for punitive damages.
    ``(b) In any case described in subsection (a) in which a death was
caused and the law of the State where the act or omission complained of
occurred provides for punitive damages, the Indian tribe shall, in lieu
of being liable for punitive damages, be liable for actual or
compensatory damages resulting from that death to each person on behalf
of whom action was brought.
``Sec. 2693. Compromise
    ``The governing body of an Indian tribe or a designee of that
governing body may arbitrate, compromise, or settle any claim
cognizable under section 1362(d).
``Sec. 2694. Exceptions; waiver
    ``(a) The provisions of this chapter and section 1362(d) shall not
apply to any case relating to a controversy relating to membership in
an Indian tribe.
    ``(b) With respect to an Indian tribe, to the extent necessary to
carry out this chapter, the tribal immunity (as that term is defined in
section 2 of the American Indian Equal Justice Act) of that Indian
tribe is waived.''.
    (b) Clerical Amendment.--The table of chapters for title 28, United
States Code, is amended by inserting after the item relating to chapter
171 the following:

``171A. Indian Tort Claims Procedure........................    2691''.

SEC. 6. INDIAN TRIBES AS DEFENDANTS IN STATE COURTS.

    (a) Consent to Suit in State Court.--Consent is hereby given to
institute a civil cause of action against an Indian tribe in a court of
general jurisdiction of the State, on a claim arising within the State,
including a claim arising on an Indian reservation or Indian country,
in any case in which the cause of action--
            (1) arises under Federal law or the law of a State; and
            (2) relates to--
                    (A) tort claims; or
                    (B) claims for cases not sounding in tort that
                involve any contract made by the governing body of an
                Indian tribe or on behalf of an Indian tribe.
    (b) Tort Claims.--In any action brought in a State court for a tort
claim against an Indian tribe, that Indian tribe shall be liable to the
same extent as a private individual or corporation under like
circumstances, but shall not be liable for interest prior to judgment
or for punitive damages.
    (c) Federal Consent.--Notwithstanding the provisions of the Act of
August 15, 1953 (67 Stat. 588 et seq., chapter 505), section 1360 of
title 28, United States Code, and sections 401 through 404 of the Civil
Rights Act of 1968 (25 U.S.C. 1321 through 1324) and section 406 of
such Act (25 U.S.C. 1326) that require the consent of an Indian tribe
for a State to assume jurisdiction over matters of civil law, this
section constitutes full and complete consent by the United States for
a State court to exercise jurisdiction over any claim referred to in
subsection (a).
    (d) Removal.--An action brought under this section--
            (1) shall not be removable under section 1441 of title 28,
        United States Code; and
            (2) shall be considered to meet the requirements for an
        exception under section 1441(a) of title 28, United States
        Code.

SEC. 7. INDIAN CIVIL RIGHTS.

    Title II of the Civil Rights Act of 1968 (commonly known as the
``Indian Civil Rights Act'') (25 U.S.C. 1301 et seq.) is amended by
adding at the end the following:

``SEC. 204. ENFORCEMENT.

    ``The district courts of the United States shall have jurisdiction
in any civil rights action alleging a failure to comply with rights
secured by the requirements under this title. With respect to an Indian
tribe, to the extent necessary to enforce this title, the tribal
immunity of that Indian tribe (as that term is defined in section 2 of
the American Indian Equal Justice Act) is waived.''.

SEC. 8. APPLICABILITY.

    This Act and the amendments made under this Act shall apply to
cases commenced against an Indian tribe on or after the date of
enactment of this Act.

Output:
American Indian Equal Justice Act - Amends Federal law concerning the jurisdiction of U.S. district courts to make it a requirement that an Indian tribe, tribal corporation, or member of an Indian tribe collect and remit to a State any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by nonmembers from the Indian tribe, tribal corporation, or member.  Permits a State to bring an action in a U.S. district court to enforce the requirement.
Grants U.S. district courts:  (1) original jurisdiction in any civil action or claim against an Indian tribe, in matters arising under the Constitution, laws, or treaties of the United States; (2) jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe; and (3) subject to Indian tribe tort claims procedure provisions under this Act, jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred.
Sets forth Indian tort claims procedure provisions.  Excepts any case relating to a controversy about membership in an Indian tribe.
Grants consent to institute a civil cause of action against an Indian tribe in a State court on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action:  (1) arises under Federal or State law; and (2) relates to tort claims or claims not sounding in tort that involve any contract made by the governing body of an Indian tribe on or behalf of a tribe.  Provides, in any tort action brought in a State court against an Indian tribe, for that tribe to be liable to the same extent as a private individual or corporation under like circumstances, but not to be liable for interest prior to judgment or for punitive damages.
Amends title II of the Civil Rights Act of 1968 (the Indian Civil Rights Act) to grant U.S. district courts jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under such title.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FHA Improvement Act of 1994''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) the single family housing mortgage insurance program of
        the Department of Housing and Urban Development is a
        significant factor in promoting first-time and affordable
        homeownership in the United States;
            (2) use of mortgage financing under the program has
        decreased in recent years, due in part to increasing complexity
        of mortgage origination and servicing under the program;
            (3) simplifying and streamlining the loan criteria and loan
        approval process under the program would have a positive effect
        on use of the program without increasing risk to the Mutual
        Mortgage Insurance Fund; and
            (4) flexible lending products can be developed without
        increasing risk to the Mutual Mortgage Insurance Fund.

SEC. 3. LOAN FLOOR.

    Subparagraph (A) of the first sentence of section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking
the matter following clause (ii) and inserting the following:
                ``except that the applicable dollar amount limitation
                in effect under this subparagraph (A) for any area may
                not be less than the greater of--
                            ``(I) the dollar amount limitation in
                        effect under this section for the area on the
                        date of enactment of the FHA Improvement Act of
                        1994; or
                            ``(II) the applicable average area purchase
                        price determined under section 143(e)(2) of the
                        Internal Revenue Code of 1986, as adjusted by
                        the Secretary to reflect a single amount using
                        purchase prices for residences that have been
                        previously occupied, and for residences that
                        have not been so occupied, which amount shall
                        be adjusted by the Secretary annually on the
                        basis of the Constant Quality Housing Price
                        Index;''.

SEC. 4. CALCULATION OF DOWNPAYMENT.

    Section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)) is amended--
            (1) by striking subparagraph (B) and inserting the
        following new subparagraph:
                    ``(B) except as otherwise provided in this
                paragraph (2), not in excess of--
                            ``(i) 98.75 percent of the appraised value
                        of the property, in the case of a mortgage with
                        an appraised value equal to or less than
                        $50,000, or
                            ``(ii) 97.5 percent of the appraised value
                        of the property, in the case of a mortgage with
                        an appraised value in excess of $50,000,
                plus the amount of the mortgage insurance premium paid
                at the time the mortgage is insured.'';
            (2) by striking the 2d sentence of the matter following
        subparagraph (B); and
            (3) in penultimate undesignated paragraph--
                    (A) in the 2d sentence, by striking ``the preceding
                sentence'' and inserting ``this subsection''; and
                    (B) by striking the first sentence.

SEC. 5. ISSUANCE OF INSURANCE BY MORTGAGEES.

    Section 215 of the National Housing Act (12 U.S.C. 1715f) is
amended--
            (1) by inserting ``(a) Mortgages Without Insured Permanent
        Financing.--'' after ``Sec. 215''; and
            (2) by adding at the end the following new subsection:
    ``(b) Issuance of Insurance Certificates by Mortgagee.--Not later
than the expiration of the 180-day period beginning on the date of the
enactment of this Act, the Secretary shall implement a system for
insuring mortgages under this title involving properties upon which are
located 1- to 4-family dwelling units that provides that any mortgagee
that is authorized by the Secretary to process mortgages as direct
endorsement mortgages may endorse a mortgage for insurance, execute a
firm commitment for insurance binding upon the Secretary, and issue a
certificate of mortgage insurance under this title, without review and
approval by the Secretary of the specific mortgage.''.

SEC. 6. ELIMINATION OF RESTRICTIONS REGARDING NEW CONSTRUCTION.

    (a) In General.--Section 203(b)(2) of the National Housing Act (12
U.S.C. 1709(b)(2)) is amended, in the matter following subparagraph (B)
(as amended by section 3 of this Act)--
            (1) in the 1st undesignated paragraph, by striking
        ``Notwithstanding any other provision of this section,'' and
        all that follows through ``beginning of construction.''; and
            (2) by striking the 2d undesignated paragraph (relating to
        mortgage insurance amounts for residences having solar energy
        systems)
    (b) Repeal of Authority to Expend Amounts From Insurance Fund to
Correct Substantial Defects.--Section 518 of the National Housing Act
(12 U.S.C. 1735b) is hereby repealed.

SEC. 7. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY MEMBERS FOR
              DOWNPAYMENTS.

    (a) In General.--Section 203(b)(9) of the National Housing Act (12
U.S.C. 1709(b)(9)) is amended by inserting before the period at the end
the following: ``: Provided further, That for purposes of this
paragraph, the Secretary shall consider as cash or its equivalent any
amounts borrowed from a family member (as such term is defined in
section 201), subject only to the requirements that, in any case in
which the repayment of such borrowed amounts is secured by a lien
against the property, such lien shall be subordinate to the mortgage
and the sum of the principal obligation of the mortgage and the
obligation secured by such lien may not exceed 100 percent of the
appraised value of the property plus any initial service charges,
appraisal, inspection, and other fees in connection with the
mortgage''.
    (b) Definition of Family Member.--Section 201 of the National
Housing Act (12 U.S.C. 1707) is amended by adding at the end the
following new subsections:
    ``(e) The term `family member' means, with respect to a mortgagor
under such section, a child, parent, or grandparent of the mortgagor
(or the mortgagor's spouse). In determining whether any of the
relationships referred to in the preceding sentence exist, a legally
adopted son or daughter of an individual (and a child who is a member
of an individual's household, if placed with such individual by an
authorized placement agency for legal adoption by such individual), and
a foster child of an individual, shall be treated as a child of such
individual by blood.
    ``(f) The term `child' means, with respect to a mortgagor under
such section, a son, stepson, daughter, or stepdaughter of such
mortgagor.''.

SEC. 8. APPROVAL OF CONDOMINIUM PROJECTS.

    Section 234 of the National Housing Act (12 U.S.C. 1715y) is
amended by striking subsection (k) and inserting the following new
subsection:
    ``(k) Approval of Projects.--
            ``(1) In general.--A mortgage covering a multifamily
        project or a condominium unit in a multifamily project shall be
        eligible for mortgage insurance under this section
        notwithstanding any other provision of this section relating to
        requirements for multifamily projects if the project has been
        approved by a government-sponsored housing enterprise and--
                    ``(A) in the case of a mortgage covering any
                condominium unit in the project, the mortgage otherwise
                complies with the requirements under this section
                regarding eligibility of mortgages for mortgage
                insurance provided under subsection (c); and
                    ``(B) in the case of a blanket mortgage covering
                the multifamily project, the mortgage otherwise
                complies with the requirements under this section
                regarding eligibility of mortgages for mortgage
                insurance provided under subsection (d).
            ``(2) Definitions.--For purposes of this subsection, the
        following definitions shall apply:
                    ``(A) The term `approved by a government-sponsored
                housing enterprise' means, with respect to a
                multifamily housing project having a condominium
                ownership structure, that a government-sponsored
                housing enterprise has determined that any mortgage
                covering the project or any condominium property in the
                project may be purchased by the enterprise if such
                mortgage is otherwise determined by the enterprise to
                meet the standards and requirements of the enterprise
                relating to mortgages.
                    ``(B) The term `condominium unit' means, with
                respect to a multifamily property, a 1-family dwelling
                unit in the project and an undivided interest in the
                common areas and facilities that serve the project.
                    ``(C) The term `government-sponsored housing
                enterprise' means--
                            ``(i) the Federal National Mortgage
                        Association; and
                            ``(ii) the Federal Home Loan Mortgage
                        Corporation.''.

SEC. 9. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES.

    Title II of the National Housing Act (12 U.S.C. 1701 et seq.) is
amended by adding at the end the following new section:

                    ``2-step single family mortgages

    ``Sec. 256. (a) Authority.--After making the finding required under
subsection (d), the Secretary may insure under any provision of this
title a mortgage involving property upon which there is located a
dwelling designed principally for occupancy by 1 to 4 families, where
the mortgage provides that the effective rate of interest charged is--
            ``(1) fixed for the duration of a specified period that
        consists of not less than the first 5 years of the mortgage
        term;
            ``(2) adjusted by the mortgagee upon the expiration of the
        specified period referred to in paragraph (1) for the mortgage;
        and
            ``(3) for the term of the mortgage remaining after such
        adjustment--
                    ``(A) fixed at the adjusted rate established
                pursuant to paragraph (2); or
                    ``(B) periodically adjusted by the mortgagee.
    ``(b) Redetermination of Rate.--For each mortgage insured pursuant
to this section, the adjustment of the effective rate of interest
pursuant to subsection (a)(2) may be accomplished through adjustments
in the monthly payment amount, the outstanding principal balance, or
the mortgage term, or a combination of such factors, except that in no
case may any extension of a mortgage term result in a total term in
excess of 40 years. The adjustment in the effective rate of interest
shall correspond to a specified national interest rate index that is
approved in regulations issued by the Secretary and information on
which is readily accessible to the mortgagors from generally available
published sources.
    ``(c) Limitations on Second-Step Periodic Rates.--For each mortgage
insured pursuant to this section for which the effective rate of
interest charged pursuant to subsection (a)(3) is periodically adjusted
under subparagraph (B) of such subsection, such adjustments in the
interest rate--
            ``(1) may be accomplished through adjustments in the
        monthly payment amount, the outstanding principal balance, or
        the mortgage term, or a combination of such factors, except
        that in no case may any extension of a mortgage term result in
        a total term in excess of 40 years;
            ``(2) shall correspond to a specified national interest
        rate index that is approved in regulations issued the Secretary
        and information on which is readily accessible to the
        mortgagors from generally available published sources;
            ``(3) shall be made on an annual basis;
            ``(4) shall be limited, with respect to any single interest
        rate increase, to no more than 1 percent on the outstanding
        loan balance; and
            ``(5) be limited to a maximum increase of 5 percentage
        points above the initial contract interest rate over the term
        of the mortgage.
    ``(d) Conditions on Insuring Authority.--The Secretary may insure
mortgages pursuant to this section only after determining that the risk
posed by such insurance to the financial safety and soundness of the
insurance fund of which the mortgage insurance is an obligation does
not exceed such risk posed by insurance of mortgages of equivalent
terms having fixed interest rates over such terms.
    ``(e) Description of Features.--The Secretary shall issue
regulations requiring that the mortgagee make available to the
mortgagor, at the time of loan application, a written explanation of
the features of the 2-step mortgage insured pursuant to this section.
    ``(f) Limitation of Total Number of Mortgages Insured.--The
aggregate number of mortgages and loans insured pursuant to this
section in any fiscal year may not exceed 10 percent of the aggregate
number of mortgages and loans insured by the Secretary under this title
during the preceding fiscal year.''.

SEC. 10. STUDY REGARDING MORTGAGE INSURANCE PREMIUMS AND MORTGAGE
              AMOUNT LIMITATIONS.

    The Secretary of Housing and Urban Development shall conduct a
study to determine--
            (1) various methods of decreasing the amounts of the up-
        front and annual premiums charged for mortgage insurance under
        the single family home mortgage insurance program under title
        II of the National Housing Act; and
            (2) the effects of such various methods on the financial
        safety and soundness of the Mutual Mortgage Insurance Fund.
Not later than the expiration of the 18-month period beginning on the
date of the enactment of this Act, the Secretary shall submit a report
to the Congress containing the findings of the study under this section
and any recommendations of the Secretary resulting from such findings.

Output:
FHA Improvement Act of 1994 - Amends the National Housing Act to revise the single family mortgage insurance program.
Directs the Secretary of Housing and Urban Development to study mortgage insurance premiums and mortgage amount limitations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helicopter Medical Services Patient
Safety, Protection, and Coordination Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Federal Aviation Administration is responsible for
        regulating civil aviation in the United States.
            (2) Each State is responsible for the regulation of public
        health planning and protection, patient safety and protection,
        emergency medical services, the quality and coordination of
        medical care, and the practice of medicine within its
        jurisdiction.
            (3) Helicopter medical services are an essential component
        of the health care delivery and emergency medical services
        system in each State and are integral to each State's
        management of public health planning and protection, patient
        safety and protection, emergency medical services, the quality
        and coordination of medical care, and the practice of medicine
        within the State's jurisdiction.
            (4) Existing or future regulation of helicopter medical
        services by the several States is in the public interest.
            (5) Helicopter medical services represent a unique and
        discrete area of air transportation because those services
        present issues involving the adequacy and availability of
        medical services to patients.
            (6) Court rulings and statutory interpretations issued by
        the Secretary of Transportation have imposed limitations on,
        impeded, or prevented, the ability of States to effectively
        regulate helicopter medical services in a manner similar to the
        regulation of other health care services by the States.
            (7) Those rulings and interpretations have concluded that
        certain State actions related to public health planning and
        protection, patient safety and protection, emergency medical
        services, the quality and coordination of medical care, and the
        practice of medicine, and related aspects of helicopter medical
        services, are preempted by Federal law, either pursuant to the
        preemption provisions of the Airline Deregulation Act of 1978
        (Public Law 95-504; 92 Stat. 1705) or through the application
        of the ``field occupation'' preemption doctrine.
            (8) The Airline Deregulation Act of 1978 did not
        contemplate helicopter medical services, and the use of the Act
        to strike down intrastate health-related regulations overseeing
        the provision of helicopter medical services that would
        otherwise be permissible with respect to any other segment of
        the health care industry is not in the public interest.
            (9) At the same time, it is also important to ensure that
        the Federal Aviation Administration's plenary and exclusive
        jurisdiction over matters of aviation safety is not infringed
        by any State. Accordingly, any State health-related regulation
        of helicopter medical services must be harmonized and shall not
        be inconsistent with Federal regulation of aviation safety
        because the safe operation of the helicopter medical services
        flight is of paramount importance.
            (10) Accordingly, there is a need for clarification of
        existing Federal law so that States may regulate helicopter
        medical services with respect to public health planning and
        protection, patient safety and protection, emergency medical
        services, the quality and coordination of medical care, and the
        practice of medicine without infringing on the Federal
        government's plenary power to regulate aviation safety.

SEC. 3. CLARIFICATION OF STATE AUTHORITY OVER HELICOPTER MEDICAL
              SERVICES.

    (a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40130. Clarification of State authority over helicopter medical
              services
    ``(a) Clarification of State Authority.--Nothing in this subtitle
shall prohibit a State from--
            ``(1) requiring medical licenses for the provision of
        helicopter medical services between locations within the State;
        or
            ``(2) prescribing regulations relating to the provision of
        such services if such regulations are prescribed pursuant to
        subsection (c), (d), or (e).
    ``(b) Applicability of Federal Aviation Safety Authority.--No State
health-related regulation established pursuant to this section shall
supersede or be inconsistent with any Federal operating requirement
with respect to aviation safety.
    ``(c) State Authority Over Medical Services.--A State may prescribe
regulations relating to the provision of helicopter medical services
with respect to the following:
            ``(1) The medical qualifications and medical training of
        helicopter medical personnel, except that a State may not
        impose any requirement with respect to a pilot.
            ``(2) The obligation of providers of helicopter medical
        services to comply with the health planning, patient safety,
        and medical service requirements of the State, including--
                    ``(A) coordination of the interrelationship,
                interaction, and agreements among providers of
                helicopter medical services, providers of other
                emergency medical services, providers of other medical
                transport services, referring entities, and medical
                institutions that receive patients transported by
                providers of helicopter medical services with respect
                to the transport of patients;
                    ``(B) demonstration of adequate capacity to provide
                helicopter medical services;
                    ``(C) demonstration of the need for new or expanded
                helicopter medical services;
                    ``(D) determinations with respect to the number and
                base location of helicopters used in the provision of
                helicopter medical services within the State or region
                of the State or the regulation of competition for
                specific markets within the State;
                    ``(E) affiliation with health care institutions;
                    ``(F) sanitation and infection control protocols;
                    ``(G) medical records requirements;
                    ``(H) quality of medical care requirements,
                including participation in patient safety and medical
                quality control efforts, such as peer review processes,
                utilization review, and error reporting systems; and
                    ``(I) the proffer of gifts of monetary value (other
                than training or educational programs) to referring
                entities (or personnel employed by such entities)
                within the State.
    ``(d) State Authority Over Medical Services Subject to
Harmonization Requirement.--A State may prescribe regulations relating
to the provision of helicopter medical services with respect to the
following, if such regulations are harmonized with, and do not infringe
upon, any applicable Federal operating requirements:
            ``(1) The establishment of appropriate medical criteria for
        determining the appropriate medical institution to receive a
        patient being transported from the scene at which the patient's
        injury or accident, or other event resulting in the need for
        medical services for the patient, occurred.
            ``(2) The specification of service requirements with
        respect to geographic areas within the State or during
        specified hours and days.
            ``(3) The coordination of flight requests for emergency
        helicopter medical services.
            ``(4) The compliance with accreditation requirements
        regarding medical services, except where such requirements
        infringe upon relevant Federal operating requirements.
            ``(5) The provision of emergency helicopter medical
        services to all persons for whom such services are medically
        necessary and appropriate.
    ``(e) State Authority Over Medical Services Subject to Consistency
Requirement.--
            ``(1) In general.--Subject to paragraph (2), a State may
        prescribe regulations relating to the provision of helicopter
        medical services with respect to the following, if such
        regulations are consistent with, and do not infringe upon, any
        applicable Federal operating requirements:
                    ``(A) The necessary medical equipment and supplies
                to be carried on board or affixed to the helicopter.
                    ``(B) The physical attributes of the helicopter--
                            ``(i) necessary for the provision of
                        quality medical care, including--
                                    ``(I) permanently installed climate
                                control systems capable of meeting
                                specified temperature settings;
                                    ``(II) a configuration that allows
                                adequate access to the patient, medical
                                equipment, and medical supplies by the
                                helicopter medical personnel;
                                    ``(III) use of materials in the
                                helicopter that are appropriate for
                                proper patient care;
                                    ``(IV) sufficient electrical supply
                                to support medical equipment without
                                compromising helicopter power; and
                                    ``(V) the ability of the helicopter
                                to transport a patient a certain
                                distance without refueling within the
                                State; and
                            ``(ii) necessary--
                                    ``(I) for the protection of
                                helicopter personnel, ground medical
                                personnel, and emergency response
                                personnel; and
                                    ``(II) to ensure that the
                                helicopter has no structural or
                                functional defects that may adversely
                                affect such personnel, such as by
                                requiring tailroter illumination for
                                loading patients at night or external
                                search lights.
                    ``(C) Communication capabilities enabling--
                            ``(i) the helicopter medical personnel to
                        communicate with emergency medical services and
                        public safety personnel and personnel at
                        medical institutions that receive patients
                        transported by providers of helicopter medical
                        services; and
                            ``(ii) the flightcrew to communicate with
                        the helicopter medical personnel, to the extent
                        that the communications do not interfere with
                        the safe operation of the flight.
            ``(2) Limitations.--
                    ``(A) Providers licensed in multiple states.--If a
                provider of helicopter medical services is licensed to
                provide such services in more than one State and the
                regulations established pursuant to this subsection by
                the States in which the provider is licensed are
                inconsistent, the provider shall comply with the most
                stringent of such regulations.
                    ``(B) Nondelegation requirement.--A State may not
                delegate authority provided under this subsection to a
                political subdivision of the State.
    ``(f) Interstate Agreements.--In regulating the provision of
helicopter medical services pursuant to this section, a State shall, if
necessary, establish regulations or negotiate mutual aid agreements
with adjacent States or providers of helicopter medical services in
adjacent States to ensure access to helicopter medical services across
State borders.
    ``(g) Definitions.--In this section:
            ``(1) Helicopter medical services.--The term `helicopter
        medical services' means the helicopter transport of a patient,
        in both emergency and nonemergency situations, as well as the
        medical services provided to such patient in the course of
        transport by such helicopter.
            ``(2) Federal operating requirements.--The term `Federal
        operating requirements' means requirements under part A of
        subtitle VII of title 49, United States Code, and Federal
        aviation regulations set forth in title 14, Code of Federal
        Regulations.
            ``(3) Referring entities.--The term `referring entity'
        means any entity that dispatches or provides a referral for a
        provider of helicopter medical services, such as a medical
        institution, an agency providing emergency medical services, or
        a first responder.''.
    (b) Conforming Amendment.--The table of sections at the beginning
of chapter 401 of title 49, United States Code, is amended by adding at
the end the following:

``40130. Clarification of State authority over intrastate helicopter
                            medical services.''.

Output:
Helicopter Medical Services Patient Safety, Protection, and Coordination Act - Authorizes states to regulate helicopter medical services with respect to: (1) the medical qualifications and training of helicopter medical personnel; and (2) the obligation of providers of helicopter medical services to comply with a state's health planning, patient safety, and medical service requirements. Prohibits states from imposing requirements on pilots.

Authorizes states to regulate the following aspects of helicopter medical services to the extent such regulations are harmonized with applicable federal operating requirements: (1) establishment of criteria for determination of the appropriate medical institution to receive a transported patient; (2) specification of service requirements with respect to geographic areas within a state or during specified hours and days; (3) coordination of flight requests for emergency helicopter medical services; (4) compliance with medical services accreditation requirements, except where they infringe upon relevant federal operating requirements; and (5) provision of emergency helicopter medical services to all persons where needed.

Authorizes a state to regulate certain aspects of helicopter medical services to the extent that such regulations are consistent with, and do not infringe upon, applicable federal operating requirements.

Specifies among the aspects of helicopter medical services which states may regulate: (1) the necessary medical equipment and supplies to be carried on board or affixed to the helicopter; (2) the physical attributes of the helicopter necessary for the provision of quality medical care and for the protection of helicopter, ground medical, and emergency response personnel; and (3) specified communication capabilities among helicopter medical personnel and emergency medical services and public safety personnel, and between the flight crew and helicopter medical personnel. Requires a provider of helicopter medical services that is licensed in more than one state where state helicopter medical services regulations are inconsistent to comply with the most stringent regulation.

Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states, or providers of helicopter medical services in such states, to ensure access to such services across state borders.


Input:
To amend the Federal Food, Drug, and Cosmetic Act to ensure that human
tissue intended for transplantation is safe and effective and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Human Tissue for
Transplantation Act of 1993''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Food, Drug, and Cosmetic Act.

SEC. 2. FINDINGS.

    The Congress finds that reasonable assurance of the safety and
effectiveness of human tissue for transplantation through regulatory
oversight is necessary to protect the public health against the
transmission of infectious disease or the conduct of medical therapy
with human tissue unfit for use.

SEC. 3. DEFINITIONS.

    Section 201 (21 U.S.C. 321) is amended--
            (1) in the first sentence of paragraph (g)(1), by striking
        ``, and (D), and inserting ``, (D)'' and by inserting before
        the period ``, and (E) human tissue in combination with a drug
        as described in clause (A), (B), (C), or (D)'',
            (2) in paragraph (h), by inserting after ``implant,'' the
        following: ``human tissue (other than banked human tissue),'',
        and
            (3) by adding at the end the following:
    ``(gg)(1) The term `tissue' means an aggregate of cells or their
intercellular substance that form a structural material.
    ``(2)(A) The term `banked human tissue' means any tissue--
            ``(i) derived from a human body that is intended for
        administration to a human for the diagnosis, cure, mitigation,
        treatment or prevention of any condition or disease,
            ``(ii) procured, processed, stored, or distributed by
        methods to prevent the transmission of infectious disease and
        to preserve clinical usefulness, and
            ``(iii) not intended to change tissue structure or
        functional characteristics.
    ``(B) Such term does not include--
            ``(i) whole organs, including hearts, kidneys, livers,
        lungs, pancreases, or any other organ containing vasculature
        that carries blood after transplantation,
            ``(ii) blood, blood products, bone marrow, reproductive
        tissue, or human milk, or
            ``(iii) autograft human tissue that is not stored or
        processed during a single surgical procedure.''.
    ``(3) The term `human tissue bank' means a person that procures,
processes, stores, or distributes banked human tissue.''.

SEC. 4. REGULATION OF HUMAN TISSUE BANKS

    Chapter V is amended by adding at the end the following:

                   ``Subchapter D-Human Tissue Banks

                   ``regulation of human tissue banks

    ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the
transmission of infectious disease by the use of banked human tissue,
the Secretary may by regulation require--
            ``(1) the screening of donors of tissue,
            ``(2) the testing of donors of tissue and tissue donated,
        and
            ``(3) recordkeeping by human tissue banks, including
        records that provide a method to track tissue from a donor to a
        recipient and from a recipient to a donor, taking into account
        the privacy interest of donors, donor families, and recipients.
    ``(b) Good Tissue Banking Practice.--The Secretary shall by
regulation establish good tissue banking practices by human tissue
banks which may require--
            ``(1) ascertainment of donor suitability,
            ``(2) recovery of cadaveric or living donor tissue,
            ``(3) tissue screening and acceptance,
            ``(4) validation of the manufacturing, equipment, and
        facilities used for banked human tissue,
            ``(5) finished tissue inspection and control,
            ``(6) inspection for quality control,
            ``(7) investigation of failures involving banked human
        tissue and files of complaints about such failures,
            ``(8) recordkeeping,
            ``(9) assurance of the quality of banked human tissue,
            ``(10) personnel requirements, including a requirement for
        a medical director who is a physician licensed to practice
        medicine in the State in which the bank is located, and
            ``(11) special practices for specific tissues.
    ``(c) Labeling, Advertising, and Promotion.--The Secretary may by
regulation prescribe requirements for the labeling, advertising, and
promotion of banked human tissue by human tissue banks. Such
requirements shall include--
            ``(1) requirements for adequate direction for use, and
            ``(2) information about results from the use of banked
        human tissue according to directions or under customary and
        usual conditions.
    ``(d) Operating Permits.--
            ``(1) In general.--The Secretary shall by regulation
        require human tissue banks to acquire a permit for operation.
        Such a permit may be acquired by a human tissue bank if--
                    ``(A) the human tissue bank has on file with the
                Secretary an application for such permit which
                demonstrates, through supporting documentation, that
                the bank is in compliance with the requirements of
                subsections (a), (b), and (c),
                    ``(B) the human tissue bank has on file with the
                Secretary an application for an exemption from the
                requirements of subsection (a), (b), or (c) and the
                Secretary has approved such application based upon--
                            ``(i) data from well controlled scientific
                        studies designed to provide reasonable
                        assurance that an exemption from such
                        requirements is safe and does not reduce
                        clinical utility, or
                            ``(ii) a determination by the Secretary,
                        after consultation with a Tissue Advisory
                        Committee, that such an exemption does not
                        affect the safety and effectiveness of the
                        operations of such bank, or
                    ``(C) the human tissue bank has on file with the
                Secretary an application for an exemption from the
                requirements of subsection (a), (b), or (c) to
                investigate new or existing standards, methods, or uses
                relating to tissue, such application is submitted with
                a proposed scientific protocol for such investigation,
                and the Secretary has determined that such
                investigation does not affect the safety and
                effectiveness of the operations of such bank and that
                patients of the bank will be protected by a requirement
                of adequate informed consent.
            ``(2) Permits.--The Secretary shall issue an operating
        permit to a human tissue bank if the Secretary determines the
        bank meets the requirements of paragraph (1). Such a permit
        shall identify the tissues banked by the bank and the methods
        of procurement, processing, storage, and distribution of such
        tissue which the Secretary had determined to be safe and
        effective. A permit shall be valid for such period as specified
        by the Secretary but not for more than 3 years.
            ``(3) Amendment.--The Secretary shall allow a human tissue
        bank which has a permit issued under paragraph (2) to amend the
        permit if under the amendment the human tissue bank is still in
        compliance with paragraph (1).
            ``(4) Revocation.--The Secretary shall revoke, in whole or
        in part, a permit of a human tissue bank issued under paragraph
        (2) if the Secretary determines that the bank is operating in a
        manner which is inconsistent with its permit and which places
        the bank out of compliance with paragraph (1).
    ``(e) Registration.--Each human tissue bank, except human tissue
banks that operate solely for research or teaching, shall under
regulations of the Secretary be required to register in accordance with
the requirements of section 510 as made applicable under such
regulations.
    ``(f) Regulations.--The Secretary shall promulgate the regulations
required by subsection (a), (b), (c), (d), and (e) within 5 years of
the date of the enactment of the Human Tissue for Transplantation Act
of 1993 and shall be based on adequate scientific evidence.

                      ``tissue advisory committees

    ``Sec. 546. (a) In General.--The Secretary shall establish a
national advisory committee to be known as the Tissue Advisory
Committee (hereinafter in this section referred to as the `advisory
committee'). The advisory committee shall be established within one
year of the date of the enactment of the Human Tissue for
Transplantation Act of 1993.
    ``(b) Composition.--The advisory committee shall be comprised of
not fewer than 13 or more than 19 individuals who are not officers or
employees of the Federal Government. The Secretary shall make
appointments to the advisory committee from among physicians, other
health care practitioners, and representatives of human tissue bank
consumers and industry groups whose clinical practice, research
specialization, or expertise include a significant focus on tissue
transplantation by human tissue banks.
    ``(c) Functions.--The advisory committee shall--
            ``(1) advise the Secretary on appropriate quality standards
        and regulations for human tissue banks under section 545,
            ``(2) report on new developments concerning tissue
        transplantation,
            ``(3) advise the Secretary on appropriate standards for the
        prevention of infectious disease transmission by banked human
        tissues,
            ``(4) advise the Secretary on appropriate quality standards
        for good tissue banking practices under section 545(b),
            ``(5) advise the Secretary in the development of
        regulations to ensure that adequate directions for use of
        banked human tissues are provided by human tissue banks,
            ``(6) make recommendations in the establishment of
        mechanisms to investigate consumer complaints, and
            ``(7) perform such other activities as the Secretary may
        require.
    ``(d) Meetings.--The advisory committee shall meet not less often
than quarterly during the first 3 years of its operation.
    ``(e) Chairperson.--The Secretary shall appoint the chairperson of
the advisory committee from among members of the advisory committee.''.

SEC. 5. ENFORCEMENT.

    (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended--
            (1) by inserting ``, banked human tissue,'' after ``drug''
        before paragraph (a),
            (2) in paragraphs (a)(2)(B) and (d), by inserting ``or
        banked human tissue'' after ``drug'' each place it occurs,
            (3) by adding at the end the following:
    ``(j)(1) If it is banked human tissue and the materials,
facilities, or controls used for its procurement, processing,
distribution, or storage are not in conformity with the requirements of
section 545(b).
    ``(2) If it is banked human tissue for which an exemption for
investigation use of human tissue has been granted under section
545(d)(1)(D) and the person granted such exemption or any investigator
fails to comply with the requirements of such section.'', and
            (4) in the title to the section, by inserting ``or banked
        human tissue'' after ``drugs.
    (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended--
            (1) by inserting ``, banked human tissue,'' after ``drug''
        before paragraph (a),
            (2) in paragraph (f), the first sentence of paragraph (h),
        and (i), by inserting ``or banked human tissue'' after ``drug''
        each place it occurs
            (3) in paragraph (o), by inserting ``or if an application
        or other information respecting it was not provided as required
        by section 545(d),'' after ``510(e)'',
            (4) by adding at the end the following:
    ``(u)(1) If it is banked human tissue subject to regulation under
section 545(c) unless it bears such labeling as may be required.
    ``(2) If it is a banked human tissue distributed or offered for
sale in any State and its promotion or advertising is false or
misleading in any particular.'', and
            (5) in the title to the section, by inserting ``or banked
        human tissue'' after ``drugs.
    (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended--
            (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by
        inserting ``, banked human tissue'' after ``drug'' each place
        it occurs,
            (2) in paragraph (d), by striking ``404 or 505'' and
        inserting ``404, 505, or 545'',
            (3) in paragraph (j), by inserting ``, 545'' after ``520'',
            (4) in paragraph (p), by striking ``510,'' and inserting
        ``510 or 545(e),'', and
            (5) in paragraphs (q)(2) and (r), by inserting ``or banked
        human tissue'' after ``device''.
    (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by
inserting ``or banked human tissues'' after ``devices''.
    (e) Seizures.--Section 304 (21 U.S.C. 334) is amended--
            (1) in subsections (a)(1) and (d)(1), by inserting ``,
        banked human tissue'' after ``drug'',
            (2) in subsection (a)(1), by striking ``, and (D)'' and
        inserting ``(D) Any adulterated or misbranded banked human
        tissue, and (E)'', and
            (3) in subsection (g)(1), by striking ``or a vehicle, a
        device'' and inserting ``, a vehicle, a device, or banked human
        tissue'' and by inserting after each other occurrence of
        ``device'' the following: ``or banked human tissue''.
    (f) Investigations.--Section 702 (21 U.S.C. 372) is amended--
            (1) in subsection (b), by inserting ``, banked human
        tissue'' after ``drug'', and
            (2) in subsection (d), by inserting ``or banked human
        tissues'' after ``drugs''.
    (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is
amended--
            (1) by inserting ``or banked human tissues'' after
        ``drugs'' each place it occurs, and
            (2) by inserting ``or banked human tissue'' after ``drug''
        each place it occurs.
    (h) Inspections.--Section 704 (21 U.S.C. 374) is amended--
            (1) in subsection (a)(1)(A), by inserting ``, banked human
        tissues'' after ``drugs'' each place it occurs,
            (2) in subsection (a)(1)(B), by inserting ``, banked human
        tissues'' after ``prescription drugs'' each place it occurs,
        and
            (3) in subsection (b), by inserting ``, banked human
        tissue'' after ``drug''.
    (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by
inserting ``, banked human tissues'' after ``drugs''.
    (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a)
is amended by inserting ``or banked human tissue'' after ``device''.
    (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended--
            (1) in the first sentence of subsection (a), by inserting
        ``, banked human tissues'' and ``drugs'',
            (2) in subsection (a)(3), by inserting ``or 545'' after
        ``505'', and
            (3) in subsections (b) and (e)(1), by inserting ``, banked
        human tissue'' after ``drug''.

SEC. 6. FUNDING.

    (a) Imposition.--Each human tissue bank--
            (1) which has a permit issued under section 545(d) shall
        pay a fee for such permit, and
            (2) which is registered under section 545(e) shall pay a
        fee for such registration.
The fees imposed under this subsection are imposed to cover the costs
of the Secretary in the implementation of sections 545 and 546.
    (b) Fee Amount.--The Secretary shall determine the amount of the
fees imposed by subsection (a) on the basis of the gross revenue of the
human tissue bank paying the fee which relates to the procurement,
processing, storage, and distribution of human tissue.
    (c) Crediting and Availability of Fees.--
            (1) In general.--Fees collected for a fiscal year pursuant
        to subsection (a) shall be credited to the appropriation
        account for salaries and expenses of the Secretary and shall be
        available in accordance with appropriation Acts until expended
        without fiscal year limitation.
            (2) Collections.--The fees imposed under subsection (a)--
                    (A) shall be collected in each fiscal year in an
                amount equal to the amount specified in appropriation
                Acts for such fiscal year, and
                    (B) shall only be collected and available to defray
                the costs of implementing sections 545 and 546.
    (d) Effective Date.--The fee authorized by subsection (a)(1) shall
take effect 4 years after the date of the enactment of the Human Tissue
for Transplantation Act of 1993 and the fee authorized by subsection
(a)(2) shall take effect one year after the date of the enactment.

SEC. 7. HUMAN HEART VALVES.

    (a) Enforcement.--The Secretary of Health and Human Services may
not enforce the Secretary's regulation, promulgated on May 13, 1987,
and published at page 18162 of 52 Federal Register, insofar as such
regulation applies to human heart valves.
    (b) Premarket Approval Determination.--The determination of the
Secretary issued June 26, 1991 (56 FR 29177), acting through the Food
and Drug Administration, that human heart valves are replacement heart
valves subject to premarket approval under section 515 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force
and effect.

Output:
Human Tissue for Transplantation Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of human tissue banks and tissue banking practices.
Directs the Secretary of Health and Human Services to establish a Tissue Advisory Committee for advice on standards and regulations.
Provides for the use of tissue bank permit fees to cover costs of implementing this Act.
Prohibits the Secretary from enforcing existing regulations that treat human heart valves as medical devices subject to premarket approval.  Rescinds the determination by the Secretary that human heart valves must undergo premarket approval.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Alternatives for Energy
Independence Act of 2005''.

SEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF
              2005 FOR OIL AND GAS.

    (a) Repeal.--The following provisions, and amendments made by such
provisions, of the Energy Policy Act of 2005 are hereby repealed:
            (1) Section 1323 (relating to temporary expensing for
        equipment used in refining of liquid fuels).
            (2) Section 1324 (relating to pass through to owners of
        deduction for capital costs incurred by small refiner
        cooperatives in complying with Environmental Protection Agency
        sulfur regulations).
            (3) Section 1325 (relating to natural gas distribution
        lines treated as 15-year property).
            (4) Section 1326 (relating to natural gas gathering lines
        treated as 7-year property).
            (5) Section 1328 (relating to determination of small
        refiner exception to oil depletion deduction).
            (6) Section 1329 (relating to amortization of geological
        and geophysical expenditures).
    (b) Administration of Internal Revenue Code of 1986.--The Internal
Revenue Code of 1986 shall be applied and administered as if the
provisions, and amendments, specified in subsection (a) had never been
enacted.

SEC. 3. INCREASE IN FUEL CELL TAX INCENTIVES FOR RESIDENTIAL AND
              BUSINESS USES.

    (a) Residential Use.--Subparagraph (C) of section 25D(b)(1) of the
Internal Revenue Code of 1986 (relating to maximum credit) is amended
by striking ``$500'' and inserting ``$1,000''.
    (b) Business Use.--
            (1) Increase.--Subparagraph (B) of section (48)(c)(1) of
        such Code (relating to qualified fuel cell property) is amended
        by striking ``$500'' and inserting ``$1,000''.
            (2) Extension.--Subparagraph (E) of section (48)(c)(1) of
        such Code (relating to termination) is amended by striking
        ``December 31, 2007'' and inserting ``December 31, 2012''.

SEC. 4. ALTERNATIVE MOTOR VEHICLE TAX INCENTIVES.

    (a) Increases in Credit.--
            (1) New qualified fuel cell motor vehicle.--Subsection (b)
        of section 30B of such Code (relating to new qualified fuel
        cell motor vehicle credit) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``$8,000'' in subparagraph
                        (A) and inserting ``$16,000'',
                            (ii) by striking ``$10,000'' in
                        subparagraph (B) and inserting ``$20,000'',
                            (iii) by striking ``$20,000'' in
                        subparagraph (C) and inserting ``$40,000'', and
                            (iv) by striking ``$40,000'' in
                        subparagraph (D) and inserting ``$80,000'', and
                    (B) in paragraph (2)(A)--
                            (i) by striking ``$1,000'' in clause (i)
                        and inserting ``$2,000'',
                            (ii) by striking ``$1,500'' in clause (ii)
                        and inserting ``$3,000'',
                            (iii) by striking ``$2,000'' in clause
                        (iii) and inserting ``$4,000'',
                            (iv) by striking ``$2,500'' in clause (iv)
                        and inserting ``$5,000'',
                            (v) by striking ``$3,000'' in clause (v)
                        and inserting ``$6,000'',
                            (vi) by striking ``$3,500'' in clause (vi)
                        and inserting ``$7,000'', and
                            (vii) by striking ``$4,000'' in clause
                        (vii) and inserting ``$8,000''.
            (2) New advanced lean burn technology motor vehicle.--
                    (A) Fuel economy.--The table in clause (i) of
                section 30B(c)(2)(A) of such Code (relating to fuel
                economy) is amended--
                            (i) by striking ``$400'' and inserting
                        ``$800'',
                            (ii) by striking ``$800'' and inserting
                        ``$1,600'',
                            (iii) by striking ``$1,200'' and inserting
                        ``$2,400'',
                            (iv) by striking ``$1,600'' and inserting
                        ``$3,200'',
                            (v) by striking ``$2,000'' and inserting
                        ``$4,000'', and
                            (vi) by striking ``$2,400'' and inserting
                        ``$4,800''.
                    (B) Conservation.--The table in subparagraph (B) of
                section 30B(c)(2) of such Code (relating to
                conservation credit) is amended--
                            (i) by striking ``$250'' and inserting
                        ``$500'',
                            (ii) by striking ``$500'' and inserting
                        ``$1,000'',
                            (iii) by striking ``$750'' and inserting
                        ``$1,500'', and
                            (iv) by striking ``$1,000'' and inserting
                        ``$2,000''.
    (b) Expansion of Number of New Qualified Hybrid and Advanced Lean
Burn Technology Vehicles Eligible for Credit.--Paragraph (2) of section
30B(f) of such Code (relating to phaseout) is amended by striking
``60,000'' and inserting ``120,000''.
    (c) Increase in Credit for Alternative Fuel Vehicle Refueling
Property.--Subsection (b) of section 30C of such Code (relating to
limitation) is amended--
            (1) in paragraph (1) by striking ``$30,000'' and inserting
        ``$60,000'', and
            (2) in paragraph (2) by striking ``$1,000'' and inserting
        ``$2,000''.
    (d) Extensions of Incentives.--
            (1) New qualified fuel cell motor vehicle.--Paragraph (1)
        of section 30B(j) of such Code (relating to termination) is
        amended by striking ``December 31, 2014'' and inserting
        ``December 31, 2019''.
            (2) Alternative fuel vehicle refueling property.--
                    (A) Hydrogen-related property.--Paragraph (1) of
                section 30C(g) of such Code (relating to termination)
                is amended by striking ``December 31, 2014'' and
                inserting ``December 31, 2019''.
                    (B) Other fuels-related property.--Paragraph (2) of
                section 30C(g) of such Code (relating to termination)
                is amended by striking ``December 31, 2009'' and
                inserting ``December 31, 2011''.
    (e) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Energy Policy Act of
2005 to which they relate.

Output:
Clean Alternatives for Energy Independence Act of 2005 - Repeals certain tax benefits relating to oil and natural gas enacted by the Energy Policy Act of 2005.

Amends the Internal Revenue Code to increase: (1) the tax credit for investment in residential and business fuel cell property; (2) the tax credit for investment in fuel cell motor and advanced lean burn technology motor vehicles; (3) the number of hybrid and advanced lean burn technology vehicles eligible for the alternative motor vehicle tax credit; and (4) the tax credit for investment in commercial and residential alternative fuel vehicle refueling property. Extends through 2012 the tax credit for business fuel cell property.

Extends through 2019 the tax credits for: (1) investment in qualified fuel cell motor vehicles; (2) investment in alternative fuel vehicle refueling hydrogen-related property (through 2011 for other fuel-related property).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Security Act of 2010''.

SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS.

    (a) Program To Prohibit Possession.--Section 44903 of title 49,
United States Code, is amended by adding at the end the following new
subsection:
    ``(m) Program To Prohibit Possession of Firearms at Airports.--
            ``(1) Establishment.--The Assistant Secretary of Homeland
        Security (Transportation Security Administration) shall
        establish and carry out a program to prohibit, except as
        provided in paragraph (3), any individual from possessing a
        firearm at a covered airport, including any individual who
        enters the airport, or who exits public transportation at the
        airport, for the following purposes:
                    ``(A) Air travel.
                    ``(B) Meeting another individual.
                    ``(C) Picking up cargo.
                    ``(D) Employment at the airport.
            ``(2) Requirements for airport operators.--In carrying out
        the program established under paragraph (1), the Assistant
        Secretary shall require each airport operator to--
                    ``(A) conspicuously display notices summarizing the
                program--
                            ``(i) at each entrance to the airport; and
                            ``(ii) in such form, and containing such
                        information, as the Assistant Secretary shall
                        by regulation prescribe; and
                    ``(B) require law enforcement personnel to--
                            ``(i) monitor the airport to prevent
                        violations of paragraph (1); and
                            ``(ii) escort any individual described in
                        paragraph (3)(B)(ii) who is discovered by such
                        personnel to be in possession of a firearm
                        referred to in paragraph (3)(B)(i), to ensure
                        that such individual continues to be excepted
                        from paragraph (1) by reason of paragraph
                        (3)(B).
            ``(3) Exceptions.--The following individuals shall not be
        prohibited by paragraph (1) from possessing a firearm under
        such paragraph:
                    ``(A) Individuals authorized to carry a firearm.--
                An individual who, by regulation, is authorized by the
                Administrator of the Federal Aviation Administration or
                the Assistant Secretary to carry a firearm at the
                covered airport.
                    ``(B) Travelers.--An individual who possesses a
                firearm, if--
                            ``(i) the firearm is unloaded, carried in a
                        hard-sided container that is locked, and the
                        key or combination to the lock is in the
                        exclusive possession of the individual; and
                            ``(ii) the individual--
                                    ``(I) is carrying a ticket in the
                                name of the individual for a flight
                                that is scheduled for departure from
                                the covered airport within 24 hours or
                                that has arrived at the airport within
                                the preceding 24 hours; or
                                    ``(II) communicates the intention
                                to obtain a ticket for departure
                                referred to in subclause (I) at the
                                covered airport and obtains and carries
                                such ticket or does not obtain such
                                ticket for a compelling reason.
                    ``(C) Individuals shipping firearms.--An individual
                who possesses a firearm in a capacity relating to the
                shipment of the firearm in air commerce and who, by
                regulation, is authorized by the Administrator of the
                Federal Aviation Administration or the Assistant
                Secretary to possess the firearm at the covered airport
                in such capacity.
                    ``(D) Law enforcement officers.--An on-duty law
                enforcement officer of a State or political subdivision
                of a State, or an officer or employee of the Federal
                Government, who is authorized to carry a firearm.
                    ``(E) Certain individuals on public
                transportation.--An individual passing through an
                airport on public transportation.
                    ``(F) Additional authorized individuals.--An
                individual who is otherwise authorized by the
                Administrator of the Federal Aviation Administration or
                the Assistant Secretary to possess a firearm at a
                covered airport.
            ``(4) Issuance of regulations.--Not later than one year
        after the date of enactment of this Act, the Assistant
        Secretary of Homeland Security (Transportation Security
        Administration) shall issue regulations to carry out this
        subsection.
            ``(5) Definitions.--In this subsection:
                    ``(A) Airport.--The term `airport' means an airport
                and any appurtenant building or area that is related to
                the operation of the airport, including a building or
                area on the site of the airport designed to--
                            ``(i) receive passengers or cargo before or
                        after a flight; or
                            ``(ii) facilitate arrival at or departure
                        from the airport, including--
                                    ``(I) a road or section of road
                                used primarily for arrival at or
                                departure from the airport;
                                    ``(II) an airport parking area; and
                                    ``(III) a public transportation
                                stop.
                    ``(B) Airport operator.--The term `airport
                operator' means the operator of a covered airport.
                    ``(C) Assistant secretary.--The term `Assistant
                Secretary' means the Assistant Secretary of Homeland
                Security (Transportation Security Administration).
                    ``(D) Covered airport.--The term `covered airport'
                means an airport that in the preceding fiscal year
                received an amount allocated or apportioned under
                chapter 471.
                    ``(E) Firearm.--The term `firearm' has the meaning
                given the term in section 921(a)(3) of title 18.
                    ``(F) Public transportation.--The term `public
                transportation' means a conveyance that provides
                regular and continuing general or special
                transportation to the public.''.
    (b) Criminal Penalty for Possession.--
            (1) In general.--Chapter 44 of title 18, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 932. Possession of firearms at airports
    ``(a) In General.--Except as provided in subsection (b), an
individual who knowingly possesses a firearm at a covered airport shall
be fined under this title, imprisoned not more than 10 years, or both.
    ``(b) Exceptions.--Subsection (a) shall not apply to an individual
described in section 44903(m)(3) of title 49.
    ``(c) Definition of Covered Airport.--In this section, the term
`covered airport' has the meaning given the term in section
44903(m)(5)(D) of title 49.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall take effect on the date that is 30 days after the date on
        which the Assistant Secretary of Homeland Security
        (Transportation Security Administration) has issued regulations
        pursuant to section 44903(m)(4) of title 49, United States Code
        (as added by subsection (a)).
            (3) Conforming amendment.--The table of sections for
        chapter 44 of title 18, United States Code, is amended by
        adding at the end the following new item:

``932. Possession of firearms at airports.''.

Output:
Airport Security Act of 2010 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish a program to prohibit all but specified authorized individuals from possessing a firearm at a covered airport, including any individual who enters the airport, or exits public transportation at it, for air travel, meeting another individual, picking up cargo, or employment.

Directs the Assistant Secretary to require airport operators to: (1) display conspicuous notices summarizing the program at each airport entrance; and (2) require law enforcement personnel to monitor the airport to prevent violations and escort air travelers who are authorized to carry a firearm.

Prescribes criminal penalties for nonauthorized individuals who knowingly possess a firearm at a covered airport.