Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission to Study the Federal
Statistical System Act of 1996''.

SEC. 2. FINDINGS.

    The Congress, recognizing the importance of statistical information
in the development and administration of policies for the private and
public sector, finds that--
            (1) accurate Federal statistics are required to develop,
        implement, and evaluate government policies and laws;
            (2) Federal spending consistent with legislative intent
        requires accurate and appropriate statistical information;
            (3) business and individual economic decisions are
        influenced by Federal statistics and contracts are often based
        on such statistics;
            (4) statistical information on the manufacturing and
        agricultural sectors is more complete than statistical
        information regarding the service sector which employs more
        than half the Nation's workforce;
            (5) experts in the private and public sector have long-
        standing concerns about the accuracy and adequacy of numerous
        Federal statistics, including the Consumer Price Index, gross
        domestic product, trade data, wage data, and the poverty rate;
            (6) Federal statistical data should be accurate,
        consistent, and continuous;
            (7) the Federal statistical infrastructure should be
        modernized to accommodate the increasingly complex and ever
        changing American economy;
            (8) Federal statistical agencies should utilize all
        practical technologies to disseminate statistics to the public;
        and
            (9) the Federal statistical infrastructure should maintain
        the privacy of individuals.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known
as the Commission to Study the Federal Statistical System (hereafter in
this Act referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 13
        members of whom--
                    (A) 5 shall be appointed by the President;
                    (B) 4 shall be appointed by the President pro
                tempore of the Senate, in consultation with the
                majority leader and minority leader of the Senate; and
                    (C) 4 shall be appointed by the Speaker of the
                House of Representatives, in consultation with the
                majority leader and minority leader of the House of
                Representatives.
            (2) Political party limitation.--(A) Of the 5 members of
        the Commission appointed under paragraph (1)(A), no more than 3
        members may be members of the same political party.
            (B) Of the 4 members of the Commission appointed under
        subparagraphs (B) and (C) of paragraph (1), respectively, no
        more than 2 members may be members of the same political party.
            (3) Consultation before appointments.--In making
        appointments under paragraph (1), the President, the President
        pro tempore of the Senate, and the Speaker of the House of
        Representatives shall consult with the National Science
        Foundation and appropriate professional organizations, such as
        the American Economic Association and the American Statistical
        Association.
            (4) Qualifications.--An individual appointed to serve on
        the Commission--
                    (A) shall have expertise in statistical policy and
                a background in such disciplines as actuarial science,
                demography, economics, and finance;
                    (B) may not be a Federal officer or employee; and
                    (C) should be an academician, a statistics user in
                the private sector, or a former government official
                with experience related to--
                            (i) the Bureau of Labor Statistics of the
                        Department of Labor; or
                            (ii) the Bureau of Economic Analysis or the
                        Bureau of the Census of the Department of
                        Commerce.
            (5) Date.--The appointments of the members of the
        Commission shall be made no later than 150 days after the date
        of the enactment of this Act.
    (c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
    (d) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
    (e) Meetings.--The Commission shall meet at the call of the
Chairman.
    (f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairman.--The President shall designate a Chairman of the
Commission from among the members.

SEC. 4. FUNCTIONS OF THE COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall conduct a
        comprehensive study of all matters relating to the Federal
        statistical infrastructure, including longitudinal surveys
        conducted by private agencies and partially funded by the
        Federal Government.
            (2) Study and recommendations.--The matters studied by and
        recommendations of the Commission shall include--
                    (A) an examination of multipurpose statistical
                agencies that collect and analyze data of broad
                interest across department and function areas, such as
                the Bureau of Economic Analysis and the Bureau of the
                Census of the Commerce Department, and the Bureau of
                Labor Statistics of the Labor Department;
                    (B) a review and evaluation of the collection of
                data for purposes of administering such programs as
                Old-Age, Survivors and Disability Insurance and
                Unemployment Insurance under the Social Security Act;
                    (C) a review and evaluation of the mission and
                organization of various statistical agencies,
                including--
                            (i) recommendations with respect to
                        statistical activities that should be expanded
                        or deleted;
                            (ii) the order of priority such activities
                        should be carried out;
                            (iii) a review of the advantages and
                        disadvantages of a centralized statistical
                        agency or a partial consolidation of the
                        agencies for the Federal Government; and
                            (iv) an assessment of which agencies could
                        be consolidated into such an agency;
                    (D) an examination of the methodology involved in
                producing official data and recommendations for
                technical changes to improve statistics;
                    (E) an evaluation of the accuracy and
                appropriateness of key statistical indicators and
                recommendations of ways to improve such accuracy and
                appropriateness;
                    (F) a review of interagency coordination of
                statistical data and recommendations of methods to
                standardize collection procedures and surveys, as
                appropriate, and presentation of data throughout the
                Federal system;
                    (G) a review of information technology and
                recommendations of appropriate methods for
                disseminating statistical data, with special emphasis
                on resources, such as the Internet, that allow the
                public to obtain information in a timely and cost-
                effective manner;
                    (H) an examination of individual privacy in the
                context of statistical data;
                    (I) a comparison of the United States statistical
                system to statistical systems of other nations;
                    (J) a consideration of the coordination of
                statistical data with other nations and international
                agencies, such as the Organization for Economic
                Cooperation and Development; and
                    (K) a recommendation of a strategy for maintaining
                a modern and efficient Federal statistical
                infrastructure as the needs of the United States
                change.
    (b) Report.--
            (1) Interim report.--No later than June 1, 1998, the
        Commission shall submit an interim report on the study
        conducted under subsection (a) to the President and to the
        Congress.
            (2) Final report.--No later than January 15, 1999, the
        Commission shall submit a final report to the President and the
        Congress which shall contain a detailed statement of the
        findings and conclusions of the Commission, and recommendations
        for such legislation and administrative actions as the
        Commission considers appropriate.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out the
purposes of this Act.
    (b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) In general.--Subject to paragraph (2), each member of
        the Commission shall be compensated at a rate equal to the
        daily equivalent of the annual rate of basic pay prescribed for
        level IV of the Executive Schedule under section 5315 of title
        5, United States Code, for each day (including travel time)
        during which such member is engaged in the performance of the
        duties of the Commission.
            (2) Chairman.--The Chairman shall be compensated at a rate
        equal to the daily equivalent of the annual rate of basic pay
        prescribed for level III of the Executive Schedule under
        section 5315 of title 5, United States Code, for each day
        (including travel time) during which such member is engaged in
        the performance of the duties of the Commission.
    (b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission. Such travel may include travel outside the United States.
    (c) Staff.--
            (1) In general.--Subject to paragraph (2), the Commission
        shall, without regard to the provisions of title 5, United
        States Code, relating to the competitive service, appoint an
        executive director who shall be paid at a rate equivalent to a
        rate established for the Senior Executive Service under section
        5382 of title 5, United States Code. The Commission shall
        appoint such additional personnel as the Commission determines
        to be necessary to provide support for the Commission, and may
        compensate such additional personnel without regard to the
        provisions of title 5, United States Code, relating to the
        competitive service.
            (2) Limitation.--The total number of employees of the
        Commission (including the executive director) may not exceed
        30.
    (d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.

SEC. 7. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the
Commission submits the final report of the Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $2,500,000 for fiscal year
1997, $5,000,000 for fiscal year 1998, and $2,500,000 for fiscal year
1999 to the Commission to carry out the purposes of this Act.

Output:
Commission to Study the Federal Statistical System Act of 1996 - Establishes the Commission to Study the Federal Statistical System. Directs the Commission to study all matters relating to Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Affordable Vocational and
Collegiate Education (SAVE) Act.''

SEC. 2. DEDUCTION FOR PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:

``SEC. 222. PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS.

    ``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the amount paid by
the taxpayer during the taxable year to any qualified State tuition
program (as defined in section 529) for the benefit of any designated
beneficiary (as defined in such section).
    ``(b) Dollar Limitation.--The deduction allowed by subsection (a)
for the taxable year shall not exceed $5,000 ($10,000 in the case of a
joint return).''
    (b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) of such Code is amended by inserting after paragraph (17) the
following new paragraph:
            ``(18) Payments to qualified state tuition programs.--The
        deduction allowed by section 222.''
    (c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 222 and inserting:

                              ``Sec. 222. Payments to qualified State
                                        tuition programs.
                              ``Sec. 223. Cross reference.''
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM
              QUALIFIED STATE TUITION PROGRAMS.

    (a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code
of 1986 (relating to distributions) is amended to read as follows:
                    ``(B) Distributions for qualified higher education
                expenses.--For purposes of this paragraph--
                            ``(i) In-kind distributions.--No amount
                        shall be includible in gross income under
                        subparagraph (A) by reason of a distribution
                        which consists of providing a benefit to the
                        distributee which, if paid for by the
                        distributee, would constitute payment of a
                        qualified higher education expense.
                            ``(ii) Cash distributions.--In the case of
                        distributions not described in clause (i), if--
                                    ``(I) such distributions do not
                                exceed the qualified higher education
                                expenses (reduced by expenses described
                                in clause (i)), no amount shall be
                                includible in gross income, and
                                    ``(II) in any other case, the
                                amount otherwise includible in gross
                                income shall be reduced by an amount
                                which bears the same ratio to such
                                amount as such expenses bear to such
                                distributions.
                            ``(iii) Treatment as distributions.--Any
                        benefit furnished to a designated beneficiary
                        under a qualified State tuition program shall
                        be treated as a distribution to the beneficiary
                        for purposes of this paragraph.
                            ``(iv) Coordination with hope and lifetime
                        learning credits.--The total amount of
                        qualified higher education expenses with
                        respect to an individual for the taxable year
                        shall be reduced--
                                    ``(I) as provided in section
                                25A(g)(2), and
                                    ``(II) by the amount of such
                                expenses which were taken into account
                                in determining the credit allowed to
                                the taxpayer or any other person under
                                section 25A.
                            ``(v) Coordination with education
                        individual retirement accounts.--If, with
                        respect to an individual for any taxable year--
                                    ``(I) the aggregate distributions
                                to which clauses (i) and (ii) and
                                section 530(d)(2)(A) apply, exceed
                                    ``(II) the total amount of
                                qualified higher education expenses
                                otherwise taken into account under
                                clauses (i) and (ii) (after the
                                application of clause (iv)) for such
                                year,
                        the taxpayer shall allocate such expenses among
                        such distributions for purposes of determining
                        the amount of the exclusion under clauses (i)
                        and (ii) and section 530(d)(2)(A).''.
    (b) Conforming Amendments.--
            (1) Section 135(d)(2)(B) of such Code is amended by
        striking ``the exclusion under section 530(d)(2)'' and
        inserting ``the exclusions under sections 529(c)(3)(B)(i) and
        530(d)(2)''.
            (2) Section 221(e)(2)(A) of such Code is amended by
        inserting ``529,'' after ``135,''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Output: Securing Affordable Vocational and Collegiate Education (SAVE) Act - Amends the Internal Revenue Code to: (1) allow a limited deduction for amounts paid to any qualified State tuition program; and (2) provide that distributions from such programs used to pay qualified higher education expenses shall not be included in gross income.


Input:
SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF TIRES.

    (a) In General.--Chapter 38 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by adding at the end the
following:

                      ``Subchapter E--Tax on Tires

                              ``Sec. 4691. Imposition of tax.

``SEC. 4691. IMPOSITION OF TAX.

    ``(a) General Rule.--There is imposed a tax on the manufacture or
importation of tires of any type, including solid and pneumatic tires.
    ``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) shall be 50 cents per tire.
    ``(c) Liability for Tax.--The tax imposed by subsection (a) shall
be paid by the manufacturer or importer of the tire not later than 30
days after the end of each calendar quarter for each tire manufactured
or imported during such quarter.
    ``(d) Tires on Imported Articles.--For purposes of subsection (a),
if an article imported into the United States is equipped with tires,
the importer of the article shall be treated as the importer of the
tires with which such article is equipped.
    ``(e) Effective Date.--The tax imposed by this section shall apply
to tires manufactured or imported after December 31, 1997, and before
January 1, 2003.''.
    (b) Conforming Amendment.--The table of subchapters for chapter 38
of such Code is amended by adding after the item relating to subchapter
D the following:

                              ``Subchapter E. Tax on tires.''.

SEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST
              FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to the establishment of trust funds) is amended
by adding after section 9511 the following:

``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the ``Waste Tire
Recycling, Abatement, and Disposal Trust Fund'' consisting of such
amounts as may be appropriated or credited to such Trust Fund as
provided in this section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are appropriated to the Waste
Tire Recycling, Abatement, and Disposal Trust Fund amounts equivalent
to--
            ``(1) taxes received in the Treasury under section 4691
        (relating to an assessment on motor vehicle tires); and
            ``(2) amounts received in the Treasury and collected under
        section 4011 of the Solid Waste Disposal Act.
    ``(c) Expenditures.--Amounts in the Waste Tire Recycling,
Abatement, and Disposal Trust Fund shall be available, as provided in
appropriation Acts, only for the purpose of making expenditures to
carry out the purposes of section 4011 of the Solid Waste Disposal Act.
    ``(d) Authority to Borrow.--
            ``(1) In general.--There are authorized to be appropriated
        to the Waste Tire Recycling, Abatement, and Disposal Trust
        Fund, as repayable advances, such sums as may be necessary to
        carry out the purposes of section 4011(k) of the Solid Waste
        Disposal Act.
            ``(2) Limitation on aggregate advances.--The maximum
        aggregate amount of repayable advances to the Waste Tire
        Recycling, Abatement, and Disposal Trust Fund which is
        outstanding at any one time shall not exceed an amount equal to
        the amount which the Secretary estimates will be equal to the
        sum of the amounts received from the tax imposed by section
        4691 during any 2-year period.
            ``(3) Repayment of advances.--
                    ``(A) In general.--Advances made to the Waste Tire
                Recycling, Abatement, and Disposal Trust Fund shall be
                repaid, and interest on such advances shall be paid, to
                the general fund of the Treasury when the Secretary
                determines that moneys are available for such purposes
                in the Waste Tire Recycling, Abatement, and Disposal
                Trust Fund.
                    ``(B) Date for termination of advances.--No advance
                shall be paid to the Trust Fund after December 31, 2001
                and all advances to the Trust Fund shall be repaid on
                or before such date.
                    ``(C) Interest rate on advances.--Interest on
                advances made to the Trust Fund shall be at a rate
                determined by the Secretary to be equal to the current
                market yield on outstanding marketable obligations of
                the United States with remaining periods to maturity
                comparable to the anticipated period during which the
                advance will be outstanding, and shall be compounded
                annually.''.
            (b) Conforming Amendment.--The table of sections for
        subchapter A of chapter 98 of such Code is amended by adding
        after the item relating to section 9511 the following:

                              ``Sec. 9511. Waste Tire Recycling,
                                        Abatement, and Disposal Trust
                                        Fund.''.

Output:
Amends the Internal Revenue Code (IRC) to impose a tax on the manufacture or importation of tires of any type, including solid and pneumatic tires.
Establishes the Waste Tire Recycling, Abatement, and Disposal Trust Fund.  Appropriates to the Fund the taxes received under IRC provisions relating to an assessment on motor vehicle tires and amounts received under specified provisions of the Solid Waste Disposal Act.  Makes Fund amounts available (as provided in appropriations Acts), and authorizes appropriations, for State and Federal waste tire recycling, abatement, and disposal activities and related research.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Improvement Timber
Contract Extension Act of 1996''.

SEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL
              FOREST.

    Title III of the Tongass Timber Reform Act (Public Law 101-626; 104
Stat. 4430) is amended by adding at the end the following new section:

``SEC. 302. 1996 CONTRACT MODIFICATIONS.

    ``(a) Definitions.--In this section:
            ``(1) The term `board feet' means net scribner long-log
        scale for all sawlogs and all hemlock and spruce utility grade
        logs.
            ``(2) The term `contract' means the timber sale contract
        numbered A10fs-1042 between the United States and the Ketchikan
        Pulp Company.
            ``(3) The term `contracting officer' means the Regional
        Forester of Region 10 of the United States Forest Service.
            ``(4) The term `mid-market criteria' means an appraisal
        that ensures an average timber operator will have a weighted
        average profit and risk margin of at least 60 percent of normal
        in a mid-market situation, representative of the most recent 10
        years of actual market data.
            ``(5) The term `proportionality' means the proportion of
        high volume stands (stands of 30,000 or more board feet per
        acre) to low volume stands (stands of 8,000 to 30,000 board
        feet per acre).
            ``(6) The term `purchaser' means the Ketchikan Pulp
        Company.
    ``(b) Findings.--Congress finds the following:
            ``(1) On July 26, 1951, the Forest Service, on behalf of
        the United States, and the purchaser entered into a contract to
        harvest 8,250,000,000 board feet of timber from the Tongass
        National Forest in the State of Alaska. While the contract is
        scheduled to end June 30, 2004, it acknowledges an intention on
        the part of the Forest Service to supply adequate timber
        thereafter for permanent operation of the purchaser's
        facilities on a commercially sound and permanently economical
        basis. This legislation is necessary to effectuate that intent.
            ``(2) A pulp mill or similar facility is necessary in
        southeast Alaska to optimize the level of year-round, high-
        paying jobs in the area, to provide high value added use of
        low-grade wood and by-product material from sawmilling
        operations, and to maintain a stable regional economy.
            ``(3) The purchaser plans to make environmental and
        operational improvements to its pulp mill, including conversion
        to an elementally chlorine free bleaching process, expansion of
        wastewater treatment facilities, relocation of the existing
        wastewater outfall, and improvements to chemical recovery and
        power generation equipment. Total capital expenditures are
        estimated to be $200,000,000, $25,000,000 of which the
        purchaser has already invested.
            ``(4) Extension of the contract for 15 years is the minimum
        reasonable extension period to allow amortization of these
        environmental improvement and energy efficiency projects.
            ``(5) Ketchikan is the fourth largest city in Alaska. Its
        economic and job base are extremely dependent upon the
        continuation of the contract, which provides the principal
        source of year-round employment in the area. The purchaser has
        stated among its goals and objectives the following:
                    ``(A) Continuation of a long-term commitment to
                Ketchikan and southeast Alaska, including maintenance
                of a stable Alaskan workforce, utilization of Alaskan
                contractors, vendors, and suppliers to permit those
                businesses to hire and maintain Alaskan employees.
                    ``(B) Participation in the Forest Service's land
                management planning process with other users so that
                the process may be completed expeditiously with maximum
                information.
                    ``(C) Adherence to sound principles of multiple-use
                and sustained yield of forest resources providing for
                the production of sustainable contract volumes for the
                purchaser and the other timber operators in southeast
                Alaska and the protection and promotion of other forest
                uses, including tourism, fishing, subsistence, hunting,
                mining, and recreation.
                    ``(D) Protection of air, water, and land, including
                fish and wildlife habitat, through compliance with
                applicable Federal, State, and local laws.
                    ``(E) Commitment to continue to explore new
                processes and technology to maximize the use of timber
                harvested and increase the value of products
                manufactured in southeast Alaska.
            ``(6) The national interest is served by a policy that
        accomplishes the proper stewardship of publicly owned assets in
        the Tongass National Forest, a fair return to the United States
        for public timber in the Tongass National Forest, and a proper
        balance among multiple use interests in the Tongass National
        Forest to enhance forest health, sustainable harvest, and the
        general economic health and growth in southeast Alaska and the
        United States in order to improve national economic benefits.
        The national interest is best achieved by fostering domestic
        forest product markets and by modifying the terms of the
        contract pursuant to subsection (c).
    ``(c) Contract Fairness Changes.--The contract is hereby modified
as follows:
            ``(1) Extension.--The term of the contract is extended by
        15 years from June 30, 2004.
            ``(2) Sale Offering plan.--The contract shall include a
        plan describing the amount of volume, location, and the
        schedule by which the purchaser shall receive the timber
        required by paragraph (3) for the remainder of the contract
        term. The plan shall be coordinated with the Tongass Land
        Management Plan.
            ``(3) Volume requirements.--The volume of timber required
        under the contract shall be provided in 5-year increments of
        962,500,000 board feet, which the purchaser shall be obligated
        to harvest in an orderly manner, subject to the following:
                    ``(A) Until March 1, 1999, when the next 5-year
                increment is provided to the purchaser, the Forest
                Service shall provide the purchaser with at least
                192,500,000 board feet per year of available timber at
                a date certain each year and shall maintain a supply of
                timber adequate to insure the purchaser can reasonably
                harvest 192,500,000 board feet each year.
                    ``(B) To ensure harvest in an orderly manner, the
                contracting officer shall provide for the construction
                by the purchaser of roads in portions of the 5-year
                increment area of timber in advance of the 5-year
                operating period by including such roads in the
                environmental impact statement prepared for the 5-year
                operating period.
                    ``(C) Timber selected for inclusion in the 5-year
                increment shall meet the mid-market criteria.
            ``(4) Appraisals and rates.--The contracting officer shall
        perform appraisals using normal independent national forest
        timber sale procedures and designate rates for the increments
        of timber to be provided. The rates shall not be designated at
        a level that places the purchaser at a competitive disadvantage
        to a similar enterprise in the Pacific Northwest and those
        rates shall be the sole charges the purchaser shall be required
        to pay for timber provided.
            ``(5) Measurement of proportionality.--The Forest Service
        shall measure proportionality using the following criteria:
                    ``(A) Measure for groups of all contiguous
                management areas.
                    ``(B) Measure proportionality by acres.
                    ``(C) Measure proportionality over the entire
                rotation age.
            ``(6) Conversion or replacement of pulp mill.--The
        purchaser may convert or replace, in part or in whole, its pulp
        mill with a facility the manufactures any other value added
        product that utilizes pulp logs as a raw material component.
            ``(7) Unilateral termination.--The unilateral termination
        clause of the contract is eliminated.
            ``(8) Subsequent modifications.--Any clause in the
        contract, as modified by this subsection, may be further
        modified only by mutual agreement of the Forest Service and the
        purchaser and may be so modified without further Act of
        Congress.
    ``(d) Effective Date for Contract Modification.--
            ``(1) Effective date.--The modifications made by subsection
        (c) shall take effect 45 days after the date of the enactment
        of the Environmental Improvement Timber Contract Extension Act
        of 1996.
            ``(2) Ministerial duty to modify the contract.--Not later
        than such effective date, the contracting officer shall revise,
        as a ministerial function, the text of the contract to conform
        with the modifications made by subsection (c) and implement the
        modified contract. The contracting officer shall make
        conforming changes to provisions of the contract that were not
        modified by subsection (c) in order to ensure that the
        modifications made by such subsection are implemented.
    ``(e) Transition Timber Supply.--Timber volume available or
scheduled to be offered to the purchaser under the contract in effect
on the day before the date of the enactment of the Environmental
Improvement Timber Contract Extension Act of 1996 shall continue to be
offered and scheduled under the contract as modified by subsection (c)
along with such additional timber volume as is necessary to satisfy the
timber volume requirement of 192,500,000 board feet per year.''.

Output: Environmental Improvement Timber Contract Extension Act of 1996 - Amends the Tongass Timber Reform Act to extend and modify the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legacy IRA Act''.

SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
              CHARITABLE PURPOSES.

    (a) In General.--Paragraph (8) of section 408(d) of the Internal
Revenue Code of 1986 (relating to tax treatment of distributions) is
amended to read as follows:
            ``(8) Distributions for charitable purposes.--
                    ``(A) In general.--No amount shall be includible in
                gross income by reason of a qualified charitable
                distribution.
                    ``(B) Limitations.--
                            ``(i) In general.--The aggregate amount
                        excluded from gross income by subparagraph (A)
                        for a taxable year shall not exceed $400,000.
                            ``(ii) Organization and entity specific
                        limitations.--The amount excluded from gross
                        income by subparagraph (A) for a taxable year
                        shall not exceed--
                                    ``(I) $100,000, in the case of any
                                distribution described in subparagraph
                                (C)(i)(I), and
                                    ``(II) $400,000, in the case of any
                                distribution described in subparagraph
                                (C)(i)(II).
                    ``(C) Qualified charitable distribution.--For
                purposes of this paragraph, the term `qualified
                charitable distribution' means any distribution from an
                individual retirement account--
                            ``(i) which is made directly by the
                        trustee--
                                    ``(I) to a specified charitable
                                organization, or
                                    ``(II) to a split-interest entity,
                                and
                            ``(ii) which is made on or after the date
                        that the individual for whose benefit the
                        account is maintained has attained--
                                    ``(I) in the case of any
                                distribution described in clause
                                (i)(I), age 70\1/2\, and
                                    ``(II) in the case of any
                                distribution described in clause
                                (i)(II), age 65.
                    ``(D) Special rules relating to distributions.--For
                purposes of this paragraph--
                            ``(i) Distribution must be otherwise
                        includible.--A distribution from an individual
                        retirement account shall be treated as a
                        qualified charitable distribution only to the
                        extent that the distribution would be
                        includible in gross income without regard to
                        subparagraph (A).
                            ``(ii) Limitation on income interests.--A
                        distribution from an individual retirement
                        account to a split-interest entity may only be
                        treated as a qualified charitable distribution
                        if--
                                    ``(I) no person holds an income
                                interest in the split-interest entity
                                other than the individual for whose
                                benefit such account is maintained, the
                                spouse of such individual, or both, and
                                    ``(II) the income interest in the
                                split-interest entity is nonassignable.
                            ``(iii) Contributions must be otherwise
                        deductible.--A distribution from an individual
                        retirement account to a specified charitable
                        organization may be treated as a qualified
                        charitable distribution only if--
                                    ``(I) in the case of a distribution
                                to a charitable remainder annuity trust
                                or a charitable remainder unitrust, a
                                deduction for the entire value of the
                                remainder interest in the distribution
                                for the benefit of a specified
                                charitable organization would be
                                allowable under section 170 (determined
                                without regard to subsection (b)
                                thereof and this paragraph), and
                                    ``(II) in the case of a charitable
                                gift annuity, a deduction in an amount
                                equal to the amount of the distribution
                                reduced by the value of the annuity
                                described in section 501(m)(5)(B) would
                                be allowable under section 170
                                (determined without regard to
                                subsection (b) thereof and this
                                paragraph).
                    ``(E) Specified charitable organization defined.--
                For purposes of this paragraph, the term `specified
                charitable organization' means an organization
                described in section 170(b)(1)(A) (other than any
                organization described in section 509(a)(3) or any fund
                or account described in section 4966(d)(2)).
                    ``(F) Split-interest entity defined.--For purposes
                of this paragraph, the term `split-interest entity'
                means--
                            ``(i) a charitable remainder annuity trust
                        (as defined in section 664(d)(1)), but only if
                        such trust is funded exclusively by a qualified
                        charitable distribution,
                            ``(ii) a charitable remainder unitrust (as
                        defined in section 664(d)(2)), but only if such
                        unitrust is funded exclusively by one or more
                        qualified charitable distributions, or
                            ``(iii) a charitable gift annuity (as
                        defined in section 501(m)(5)), but only if such
                        annuity is funded exclusively by a qualified
                        charitable distribution and commences fixed
                        payments of 5 percent or greater not later than
                        one year from date of funding.
                    ``(G) Special rules.--
                            ``(i) Charitable remainder trusts.--
                        Notwithstanding section 664(b), distributions
                        made from a trust described in clause (i) or
                        (ii) of subparagraph (F) shall be treated as
                        ordinary income in the hands of the beneficiary
                        to whom is paid the annuity described in
                        section 664(d)(1)(A) or the payment described
                        in section 664(d)(2)(A).
                            ``(ii) Charitable gift annuities.--
                        Qualified charitable distributions made for a
                        charitable gift annuity shall not be treated as
                        an investment in the contract for purposes of
                        section 72(c).
                            ``(iii) Application of section 72.--
                        Notwithstanding section 72, in determining the
                        extent to which a distribution is a qualified
                        charitable distribution, the entire amount of
                        the distribution shall be treated as includible
                        in gross income without regard to subparagraph
                        (A) to the extent that such amount does not
                        exceed the aggregate amount which would have
                        been so includible if all amounts in all
                        individual retirement plans of the individual
                        were distributed during the taxable year and
                        all such plans were treated as 1 contract for
                        purposes of determining under section 72 the
                        aggregate amount which would have been so
                        includible. Proper adjustments shall be made in
                        applying section 72 to other distributions in
                        such taxable year and subsequent taxable years.
                            ``(iv) Determining deduction under section
                        170.--Qualified charitable distributions shall
                        not be taken into account in determining the
                        deduction under section 170.
                            ``(v) Required minimum distributions.--The
                        entire amount of a qualified charitable
                        distribution shall be taken into account for
                        purposes of section 401(a)(9).
                    ``(H) Termination with respect to split-entities.--
                Subparagraph (A) shall not apply to a distribution to a
                split-interest entity after December 31, 2020.''.
    (b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years ending after the date of the
enactment of this Act.

Output: Legacy IRA Act  This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes.  The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer.  The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5% no later than one year from the date of funding.  A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both; and (2) the income interest in the entity is nonassignable.  The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities.  Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65. (Under current law, the beneficiary must attain the age of 70-1/2 for IRA distributions to a charitable organization.)


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Accountability and Innovative
Research Drug Pricing Act of 2016''.

SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:

            ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND

``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.

    ``(a) Definitions.--In this section:
            ``(1) Average manufacturer price.--The term `average
        manufacturer price' has the meaning given the term in section
        1927(k)(1) of the Social Security Act (42 U.S.C. 1396r-
        8(k)(1)).
            ``(2) Manufacturer.--The term `manufacturer' means the
        person--
                    ``(A) that holds the application for a drug
                approved under section 505 of the Federal Food, Drug,
                and Cosmetic Act or the license issued under section
                351 of the Public Health Service Act; or
                    ``(B) who is responsible for setting the price for
                the drug.
            ``(3) Qualifying drug.--The term `qualifying drug' means
        any drug that is approved under subsection (c) or (j) of
        section 505 of the Federal Food, Drug, and Cosmetic Act or
        licensed under subsection (a) or (k) of section 351 of this
        Act--
                    ``(A) that is--
                            ``(i)(I) subject to section 503(b)(1) of
                        the Federal Food, Drug, and Cosmetic Act; or
                            ``(II) commonly administered by hospitals
                        (as determined by the Secretary);
                            ``(ii) not designated as a drug for a rare
                        disease or condition under section 526 of the
                        Federal Food, Drug, and Cosmetic Act; and
                            ``(iii) not designated by the Secretary as
                        a vaccine; and
                    ``(B) for which, during the previous calendar year,
                at least 1 dollar of the total amount of sales were for
                individuals enrolled under the Medicare program under
                title XVIII of the Social Security Act (42 U.S.C. 1395
                et seq.) or under a State Medicaid plan under title XIX
                of such Act (42 U.S.C. 1396 et seq.) or under a waiver
                of such plan.
    ``(b) Report.--
            ``(1) Report required.--The manufacturer of a qualifying
        drug shall submit a report to the Secretary for each price
        increase of a qualifying drug that will result in an increase
        in the average manufacturer price of that drug that is equal to
        10 percent or more over a 12-month period.
            ``(2) Report deadline.--Each report described in paragraph
        (1) shall be submitted to the Secretary not later than 30 days
        prior to the planned effective date of such price increase.
    ``(c) Contents.--A report under subsection (b) shall, at a minimum,
include--
            ``(1) with respect to the qualifying drug--
                    ``(A) the percentage by which the manufacturer will
                raise the average manufacturer price of the drug on the
                planned effective date of such price increase;
                    ``(B) a justification for, and description of, each
                manufacturer's price increase that occurred during the
                12-month period described in subsection (b)(1);
                    ``(C) the identity of the initial developer of the
                drug;
                    ``(D) a description of the history of the
                manufacturer's price increases for the drug since the
                approval of the application for the drug under section
                505 of the Federal Food, Drug, and Cosmetic Act or the
                issuance of the license for the drug under section 351,
                or since the manufacturer acquired such approved
                application or license;
                    ``(E) the current list price of the drug;
                    ``(F) the total expenditures of the manufacturer
                on--
                            ``(i) materials and manufacturing for such
                        drug; and
                            ``(ii) acquiring patents and licensing for
                        such drug;
                    ``(G) the percentage of total expenditures of the
                manufacturer on research and development for such drug
                that was derived from Federal funds;
                    ``(H) the total expenditures of the manufacturer on
                research and development for such drug that is used
                for--
                            ``(i) basic and preclinical research;
                            ``(ii) clinical research;
                            ``(iii) new drug development;
                            ``(iv) pursuing new or expanded indications
                        for such drug through supplemental applications
                        under section 505 of the Federal Food, Drug,
                        and Cosmetic Act; and
                            ``(v) carrying out postmarket requirements
                        related to such drug, including those under
                        section 505(o)(3) of such Act;
                    ``(I) the total revenue and the net profit
                generated from the qualifying drug for each calendar
                year since the approval of the application for the drug
                under section 505 of the Federal Food, Drug, and
                Cosmetic Act or the issuance of the license for the
                drug under section 351, or since the manufacturer
                acquired such approved application or license; and
                    ``(J) the total costs associated with marketing and
                advertising for the qualifying drug;
            ``(2) with respect to the manufacturer--
                    ``(A) the total revenue and the net profit of the
                manufacturer for the 12-month period described in
                subsection (b)(1);
                    ``(B) the amount the manufacturer has spent on
                dividends and stock repurchases and the specific
                metrics used by the manufacturer to determine executive
                compensation, including any stock-based performance
                metrics, for the 12-month period described in
                subsection (b)(1); and
                    ``(C) any additional information the manufacturer
                chooses to provide related to drug pricing decisions,
                such as total expenditures on--
                            ``(i) drug research and development; or
                            ``(ii) clinical trials on drugs that failed
                        to receive approval by the Food and Drug
                        Administration; and
            ``(3) such other related information as the Secretary
        considers appropriate.
    ``(d) Civil Penalty.--Any manufacturer of a qualifying drug that
fails to submit a report for the drug as required by this section shall
be subject to a civil penalty of $100,000 for each day on which the
violation continues.
    ``(e) Compliance Determinations.--In determining whether a
manufacturer may have been required to submit a report under this
section, and otherwise making determinations about manufacturer
compliance with the requirements of this section, the Inspector General
of the Department of Health and Human Services shall annually review
and consider the average manufacturer price information submitted under
section 447.510 of title 42, Code of Federal Regulations, or any
successor regulations.
    ``(f) Public Posting.--
            ``(1) In general.--Subject to paragraph (3), not later than
        30 days after the submission of a report under subsection (b),
        the Secretary shall post the report on the public Web site of
        the Department of Health and Human Services.
            ``(2) Format.--In developing the format of such report for
        public posting, the Secretary shall consult stakeholders,
        including beneficiary groups, and shall seek feedback on the
        content and format from consumer advocates and readability
        experts to ensure such public reports are user-friendly to the
        public and are written in plain language that consumers can
        readily understand.
            ``(3) Trade secrets and confidential information.--In
        carrying out this section the Secretary shall ensure the
        protection of confidential commercial information and trade
        secrets.''.

``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS.

    ``The Secretary shall collect the civil penalties under section
399OO, in addition to any other amounts available, and without further
appropriation, and shall use such funds to carry out activities
described in this part and to improve consumer and provider information
about drug value and drug price transparency.

``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS.

    ``(a) In General.--Subject to subsection (b), the Secretary shall
submit to Congress, and post on the public Web site of the Department
of Health and Human Services in a way that is easy to use and
understand, an annual report--
            ``(1) summarizing the information reported pursuant to
        section 399OO; and
            ``(2) including copies of the reports and supporting
        detailed economic analyses submitted pursuant to such section.
    ``(b) Trade Secrets and Confidential Information.--In carrying out
this section the Secretary shall ensure the protection of confidential
commercial information and trade secrets.''.

Output: Fair Accountability and Innovative Research Drug Pricing Act of 2016 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products to report to the Department of Health and Human Services (HHS) price increases that result in a 10% or more increase in the price of a drug over a 12-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Manufacturers that do not submit a required report are subject to a civil penalty. The Inspector General of HHS must review drug price information to determine compliance. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pain Relief Promotion Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in the first decade of the new millennium there should
        be a new emphasis on pain management and palliative care;
            (2) the use of certain narcotics and other drugs or
        substances with a potential for abuse is strictly regulated
        under the Controlled Substances Act;
            (3) the dispensing and distribution of certain controlled
        substances by properly registered practitioners for legitimate
        medical purposes are permitted under the Controlled Substances
        Act and implementing regulations;
            (4) the dispensing or distribution of certain controlled
        substances for the purpose of relieving pain and discomfort
        even if it increases the risk of death is a legitimate medical
        purpose and is permissible under the Controlled Substances Act;
            (5) inadequate treatment of pain, especially for chronic
        diseases and conditions, irreversible diseases such as cancer,
        and end-of-life care, is a serious public health problem
        affecting hundreds of thousands of patients every year;
        physicians should not hesitate to dispense or distribute
        controlled substances when medically indicated for these
        conditions; and
            (6) for the reasons set forth in section 101 of the
        Controlled Substances Act (21 U.S.C. 801), the dispensing and
        distribution of controlled substances for any purpose affect
        interstate commerce.

         TITLE I--PROMOTING PAIN MANAGEMENT AND PALLIATIVE CARE

SEC. 101. ACTIVITIES OF AGENCY FOR HEALTH CARE RESEARCH AND QUALITY.

    Part A of title IX of the Public Health Service Act (42 U.S.C. 299
et seq.) is amended by adding at the end the following:

``SEC. 903. PROGRAM FOR PAIN MANAGEMENT AND PALLIATIVE CARE RESEARCH
              AND QUALITY.

    ``(a) In General.--Subject to subsections (e) and (f) of section
902, the Director shall carry out a program to accomplish the
following:
            ``(1) Promote and advance scientific understanding of pain
        management and palliative care.
            ``(2) Collect and disseminate protocols and evidence-based
        practices regarding pain management and palliative care, with
        priority given to pain management for terminally ill patients,
        and make such information available to public and private
        health care programs and providers, health professions schools,
        and hospices, and to the general public.
    ``(b) Definition.--In this section, the term `pain management and
palliative care' means--
            ``(1) the active, total care of patients whose disease or
        medical condition is not responsive to curative treatment or
        whose prognosis is limited due to progressive, far-advanced
        disease; and
            ``(2) the evaluation, diagnosis, treatment, and management
        of primary and secondary pain, whether acute, chronic,
        persistent, intractable, or associated with the end of life;
the purpose of which is to diagnose and alleviate pain and other
distressing signs and symptoms and to enhance the quality of life, not
to hasten or postpone death.''.

SEC. 102. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.

    (a) In General.--Part D of title VII of the Public Health Service
Act (42 U.S.C. 294 et seq.) is amended--
            (1) by redesignating sections 754 through 757 as sections
        755 through 758, respectively; and
            (2) by inserting after section 753 the following:

``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PAIN MANAGEMENT AND
              PALLIATIVE CARE.

    ``(a) In General.--The Secretary, in consultation with the Director
of the Agency for Healthcare Research and Quality, may award grants,
cooperative agreements, and contracts to health professions schools,
hospices, and other public and private entities for the development and
implementation of programs to provide education and training to health
care professionals in pain management and palliative care.
    ``(b) Priority.--In making awards under subsection (a), the
Secretary shall give priority to awards for the implementation of
programs under such subsection.
    ``(c) Certain Topics.--An award may be made under subsection (a)
only if the applicant for the award agrees that the program to be
carried out with the award will include information and education on--
            ``(1) means for diagnosing and alleviating pain and other
        distressing signs and symptoms of patients, especially
        terminally ill patients, including the medically appropriate
        use of controlled substances;
            ``(2) applicable laws on controlled substances, including
        laws permitting health care professionals to dispense or
        administer controlled substances as needed to relieve pain even
        in cases where such efforts may unintentionally increase the
        risk of death; and
            ``(3) recent findings, developments, and improvements in
        the provision of pain management and palliative care.
    ``(d) Program Sites.--Education and training under subsection (a)
may be provided at or through health professions schools, residency
training programs and other graduate programs in the health
professions, entities that provide continuing medical education,
hospices, and such other programs or sites as the Secretary determines
to be appropriate.
    ``(e) Evaluation of Programs.--The Secretary shall (directly or
through grants or contracts) provide for the evaluation of programs
implemented under subsection (a) in order to determine the effect of
such programs on knowledge and practice regarding pain management and
palliative care.
    ``(f) Peer Review Groups.--In carrying out section 799(f) with
respect to this section, the Secretary shall ensure that the membership
of each peer review group involved includes individuals with expertise
and experience in pain management and palliative care for the
population of patients whose needs are to be served by the program.
    ``(g) Definition.--In this section, the term `pain management and
palliative care' means--
            ``(1) the active, total care of patients whose disease or
        medical condition is not responsive to curative treatment or
        whose prognosis is limited due to progressive, far-advanced
        disease; and
            ``(2) the evaluation, diagnosis, treatment, and management
        of primary and secondary pain, whether acute, chronic,
        persistent, intractable, or associated with the end of life;
the purpose of which is to diagnose and alleviate pain and other
distressing signs and symptoms and to enhance the quality of life, not
to hasten or postpone death.''.
    (b) Authorization of Appropriations; Allocation.--
            (1) In general.--Section 758 of the Public Health Service
        Act (as redesignated by subsection (a)(1) of this section) is
        amended, in subsection (b)(1)(C), by striking ``sections 753,
        754, and 755'' and inserting ``sections 753, 754, 755, and
        756''.
            (2) Amount.--With respect to section 758 of the Public
        Health Service Act (as redesignated by subsection (a)(1) of
        this section), the dollar amount specified in subsection
        (b)(1)(C) of such section is deemed to be increased by
        $5,000,000.

SEC. 103. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of
enactment of this Act.

 TITLE II--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED
                             SUBSTANCES ACT

SEC. 201. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF
              CONTROLLED SUBSTANCES.

    (a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following:
    ``(i)(1) For purposes of this Act and any regulations to implement
this Act, alleviating pain or discomfort in the usual course of
professional practice is a legitimate medical purpose for the
dispensing, distributing, or administering of a controlled substance
that is consistent with public health and safety, even if the use of
such a substance may increase the risk of death. Nothing in this
section authorizes intentionally dispensing, distributing, or
administering a controlled substance for the purpose of causing death
or assisting another person in causing death.
    ``(2)(A) Notwithstanding any other provision of this Act, in
determining whether a registration is consistent with the public
interest under this Act, the Attorney General shall give no force and
effect to State law authorizing or permitting assisted suicide or
euthanasia.
    ``(B) Paragraph (2) applies only to conduct occurring after the
date of enactment of this subsection.
    ``(3) Nothing in this subsection shall be construed to alter the
roles of the Federal and State governments in regulating the practice
of medicine. Regardless of whether the Attorney General determines
pursuant to this section that the registration of a practitioner is
inconsistent with the public interest, it remains solely within the
discretion of State authorities to determine whether action should be
taken with respect to the State professional license of the
practitioner or State prescribing privileges.
    ``(4) Nothing in the Pain Relief Promotion Act of 2000 (including
the amendments made by such Act) shall be construed--
            ``(A) to modify the Federal requirements that a controlled
        substance be dispensed only for a legitimate medical purpose
        pursuant to paragraph (1); or
            ``(B) to provide the Attorney General with the authority to
        issue national standards for pain management and palliative
        care clinical practice, research, or quality;
except that the Attorney General may take such other actions as may be
necessary to enforce this Act.''.
    (b) Pain Relief.--Section 304(c) of the Controlled Substances Act
(21 U.S.C. 824(c)) is amended--
            (1) by striking ``(c) Before'' and inserting the following:
    ``(c) Procedures.--
            ``(1) Order to show cause.--Before''; and
            (2) by adding at the end the following:
            ``(2) Burden of proof.--At any proceeding under paragraph
        (1), where the order to show cause is based on the alleged
        intentions of the applicant or registrant to cause or assist in
        causing death, and the practitioner claims a defense under
        paragraph (1) of section 303(i), the Attorney General shall
        have the burden of proving, by clear and convincing evidence,
        that the practitioner's intent was to dispense, distribute, or
        administer a controlled substance for the purpose of causing
        death or assisting another person in causing death. In meeting
        such burden, it shall not be sufficient to prove that the
        applicant or registrant knew that the use of controlled
        substance may increase the risk of death.''.

SEC. 202. EDUCATION AND TRAINING PROGRAMS.

    Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a))
is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) educational and training programs for Federal, State,
        and local personnel, incorporating recommendations, subject to
        the provisions of subsections (e) and (f) of section 902 of the
        Public Health Service Act, by the Secretary of Health and Human
        Services, on the means by which investigation and enforcement
        actions by law enforcement personnel may better accommodate the
        necessary and legitimate use of controlled substances in pain
        management and palliative care.
Nothing in this subsection shall be construed to alter the roles of the
Federal and State governments in regulating the practice of
medicine.''.

SEC. 203. FUNDING AUTHORITY.

    Notwithstanding any other provision of law, the operation of the
diversion control fee account program of the Drug Enforcement
Administration shall be construed to include carrying out section
303(i) of the Controlled Substances Act (21 U.S.C. 823(i)), as added by
this Act, and subsections (a)(4) and (c)(2) of section 304 of the
Controlled Substances Act (21 U.S.C. 824), as amended by this Act.

SEC. 204. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of
enactment of this Act.

Output:
(Sec. 102) Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts for development and implementation of programs to provide education and training to health care professionals in pain management and palliative care. Defines "pain management and palliative care" as certain types of actions, the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death. Adds the provisions of this paragraph to the list of provisions for which the Secretary is required to make a specified amount available and increases the amount specified.
Title II: Use of Controlled Substances Consistent With the Controlled Substances Act
 - Amends the Controlled Substances Act to declare that, for that Act and any implementing regulations, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if it may increase the risk of death.
Prohibits the Attorney General, in determining whether a registration (to manufacture, distribute, or dispense controlled substances) is consistent with the public interest, from giving any force and effect to State law authorizing or permitting assisted suicide or euthanasia, notwithstanding any other provision of the Act, and with regard to conduct after enactment of this Act. Gives the Attorney General, in an action to deny, revoke, or suspend a registration based on alleged intentions to cause or assist in causing death, the burden of proving, by clear and convincing evidence, that the intent was to cause death or assist another person in causing death. Declares that the burden is not met by proving that the applicant or registrant knew that the use of the controlled substance may increase the risk of death.
(Sec. 202) Authorizes the Attorney General to carry out education and training programs for Federal, State, and local personnel on the means by which investigation and enforcement actions by law enforcement personnel may better accommodate the necessary and legitimate use of controlled substances in pain management and palliative care.
(Sec. 203) Requires, notwithstanding any other provision of law, construing the operation of the diversion control fee account program of the Drug Enforcement Administration to include carrying out the provisions of this title (other than section 203).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Smog Reduction Act of 1998''.

SEC. 2. AMENDMENT OF CLEAN AIR ACT.

    Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by
adding at the end the following:
    ``(h) Vehicles Entering Ozone Nonattainment Areas.--
        ``(1) Authority regarding ozone inspection and maintenance
    testing.--
            ``(A) In general.--No noncommercial motor vehicle
        registered in a foreign country and operated by a United States
        citizen or by an alien who is a permanent resident of the
        United States, or who holds a visa for the purposes of
        employment or educational study in the United States, may enter
        a covered ozone nonattainment area from a foreign country
        bordering the United States and contiguous to the nonattainment
        area more than twice in a single calendar-month period, if
        State law has requirements for the inspection and maintenance
        of such vehicles under the applicable implementation plan in
        the nonattainment area.
            ``(B) Applicability.--Subparagraph (A) shall not apply if
        the operator presents documentation at the United States border
        entry point establishing that the vehicle has complied with
        such inspection and maintenance requirements as are in effect
        and are applicable to motor vehicles of the same type and model
        year.
        ``(2) Sanctions for violations.--The President may impose and
    collect from the operator of any motor vehicle who violates, or
    attempts to violate, paragraph (1) a civil penalty of not more than
    $200 for the second violation or attempted violation and $400 for
    the third and each subsequent violation or attempted violation.
        ``(3) State election.--The prohibition set forth in paragraph
    (1) shall not apply in any State that elects to be exempt from the
    prohibition. Such an election shall take effect upon the
    President's receipt of written notice from the Governor of the
    State notifying the President of such election.
        ``(4) Alternative approach.--The prohibition set forth in
    paragraph (1) shall not apply in a State, and the President may
    implement an alternative approach, if--
            ``(A) the Governor of the State submits to the President a
        written description of an alternative approach to facilitate
        the compliance, by some or all foreign-registered motor
        vehicles, with the motor vehicle inspection and maintenance
        requirements that are--
                ``(i) related to emissions of air pollutants;
                ``(ii) in effect under the applicable implementation
            plan in the covered ozone nonattainment area; and
                ``(iii) applicable to motor vehicles of the same types
            and model years as the foreign-registered motor vehicles;
            and
            ``(B) the President approves the alternative approach as
        facilitating compliance with the motor vehicle inspection and
        maintenance requirements referred to in subparagraph (A).
        ``(5) Definition of covered ozone nonattainment area.--In this
    section, the term `covered ozone nonattainment area' means a
    Serious Area, as classified under section 181 as of the date of the
    enactment of this subsection.''.

SEC. 3. GENERAL PROVISIONS.

    (a) In General.--The amendment made by section 2 takes effect 180
days after the date of the enactment of this Act. Nothing in that
amendment shall require action that is inconsistent with the
obligations of the United States under any international agreement.
    (b) Information.--As soon as practicable after the date of the
enactment of this Act, the appropriate agency of the United States
shall distribute information to publicize the prohibition set forth in
the amendment made by section 2.

SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

    (a) In General.--The Comptroller General of the United States shall
conduct a study of the impact of the amendment made by section 2.
    (b) Contents of Study.--The study under subsection (a) shall
compare--
        (1) the potential impact of the amendment made by section 2 on
    air quality in ozone nonattainment areas affected by the amendment;
    with
        (2) the impact on air quality in those areas caused by the
    increase in the number of vehicles engaged in commerce operating in
    the United States and registered in, or operated from, Mexico, as a
    result of the implementation of the North American Free Trade
    Agreement.
    (c) Report.--Not later than July 1, 1999, the Comptroller General
of the United States shall submit to the Committee on Commerce of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report describing the findings of the study under
subsection (a).

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by U.S. citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area.  Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements.
Authorizes civil penalties to be imposed for violation of such prohibition.  Makes such prohibition inapplicable in States which elect to be exempt.   Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles; and (2) the President approves such approach.
Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Navajo Nation Higher Education Act
of 2004''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds as follows:
            (1) The Treaty of 1868 between the United States of America
        and the Navajo Tribe of Indians provides for the education of
        the citizens of the Navajo Nation.
            (2) In 1968, the Navajo Nation created and chartered the
        Navajo Community College by Resolution CN-95-68 as a wholly
        owned educational entity of the Navajo Nation.
            (3) In 1971, Congress enacted the Navajo Community College
        Act (Public Law 92-189; 25 U.S.C. 640a et seq.).
            (4) In 1997, the Navajo Nation officially changed the name
        of the Navajo Community College to Dine College by Resolution
        CAP-35-97.
            (5) The purpose of Dine College is to provide educational
        opportunities to the Navajo people and others in areas
        important to the economic and social development of the Navajo
        Nation.
            (6) The mission of Dine College is to apply the principles
        of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance
        quality student learning through training of the mind and
        heart--
                    (A) through Nitsahakees (Thinking), Nahata
                (Planning), Iina (Living), and Sihasin (Assurance);
                    (B) in study of the Dine language, history,
                philosophy, and culture;
                    (C) in preparation for further studies and
                employment in a multicultural and technological world;
                and
                    (D) in fostering social responsibility, community
                service, and scholarly research that contribute to the
                social, economic, and cultural well-being of the Navajo
                Nation.
            (7) The United States has a trust and treaty responsibility
        to the Navajo Nation to provide for the educational
        opportunities for Navajo people.
            (8) Significant portions of the College's infrastructure
        are dilapidated and pose a serious health and safety risk to
        students, employees and the public.
            (9) The purposes and intent of this Act are consistent with
        Executive Order 13270 on tribal colleges and universities and
        fulfill the United States Government's trust responsibility to
        serve the educational needs of the Navajo people.
            (10) The purposes and intent of this Act are consistent
        with Executive Order 13336 on American Indian and Alaska Native
        education, issued on April 30, 2004, and fulfill the United
        States Government's responsibility to serve the education needs
        of the Navajo people.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (2) Nation.--The term ``Nation'' means the Navajo Nation.
            (3) College.--The term ``College'' means Dine College.
            (4) Operations and maintenance.--The term ``operation and
        maintenance'' means all cost and expenses associated with the
        customary daily operation of the College and necessary
        maintenance costs.
            (5) Infrastructure.--The term ``infrastructure'' means
        College buildings, water and sewer facilities, roads,
        foundation, information technology, and telecommunications,
        including classrooms and external matters such as walkways.
            (6) Renovations and repairs.--The term ``renovations and
        repairs'' means modernization and improvements to the
        infrastructure.

SEC. 4. REAUTHORIZATION OF DINE COLLEGE.

    Congress authorizes the Dine College to receive all Federal funding
and resources under this Act and other laws for its operation,
improvement, and growth, including (but not limited to) the following:
            (1) to provide programs of higher education for citizens of
        the Nation and others;
            (2) to provide vocational and technical education for
        citizens of the Nation and others;
            (3) to preserve and protect the Navajo language,
        philosophy, and culture for citizens of the Nation and others;
            (4) to provide Navajo communities and people with
        employment and training opportunities;
            (5) to provide economic development and community outreach
        for Navajo communities and people; and
            (6) to provide a safe learning, working, and living
        environment for students, employees, and the public.

SEC. 5. FACILITIES AND CAPITAL PROJECTS.

    The College is authorized to expend money received pursuant to
section 7(c) to undertake all renovations and repairs to the College's
infrastructure, as identified by a strategic plan approved by the
College, and submitted to the Secretary.

SEC. 6. STATUS OF FUNDS.

    Funds provided under this Act to the College may be treated as non-
Federal, private funds of the College for purposes of any provision of
Federal law which requires that non-Federal or private funds of the
College be used in a project for a specific purpose.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are hereby authorized to be appropriated to
the College, for each fiscal year, such amounts as are necessary to pay
for the operation and maintenance of the College.
    (b) Budget Placement.--The Secretary shall fund the operation and
maintenance of the College separately from tribal colleges and
universities recognized and funded by the Tribally Controlled College
or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
    (c) Facilities and Capital Projects.--In addition to amounts
appropriated under subsection (a), there are authorized to be
appropriated to carry out section 5, $15,000,000 for each of the first
5 fiscal years beginning after the date of enactment of this Act. Such
amounts may be funded through any one or more of the following
agencies:
            (1) the Department of Interior;
            (2) the Department of Education;
            (3) the Department of Heath and Human Services;
            (4) the Department of Housing and Urban Development;
            (5) the Department of Commerce;
            (6) the Environmental Protection Agency;
            (7) the Department of Veterans Affairs;
            (8) the Department of Agriculture;
            (9) the Department of Homeland Security;
            (10) the Department of Defense;
            (11) the Department of Labor; and
            (12) the Department of Transportation.

SEC. 8. SURVEY, STUDY, AND REPORT.

    (a) Information to Congress.--The Secretary shall conduct a
detailed survey and study of all capital projects and facility needs of
the College, and shall report the results of such survey and study to
Congress not later than October 31, 2009. Such report shall include any
recommendations or views submitted by the College and the Nation, and
shall include detailed recommendations by the Secretary.
    (b) Administrative Expenses.--Funds to carry out this section may
be drawn from general administrative appropriations to the Secretary.

SEC. 9. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT.

    This Act supersedes the Navajo Community College Act (Public Law
92-189; 25 U.S.C. 640a et seq.).

SEC. 10. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS.

    Except as explicitly provided for in other Federal law, nothing in
this Act shall preclude the eligibility of the College to receive
Federal funding and resources under any program authorized under the
Higher Education Act of 1965, the Equity in Educational Land Grant
Status Act (Title V, Part C, of P.L. 103-382; 7 U.S.C. 301 note), or
any other applicable program for the benefit of institutions of higher
education, community colleges, or postsecondary educational
institutions.

Output:
Navajo Nation Higher Education Act of 2004 (sic) - Authorizes the Navajo Nation's Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth.

Authorizes the College to expend certain funds to undertake all renovations and repairs to its infrastructure, as identified by a strategic plan approved by it and submitted to the Secretary of the Interior. Allows funds to be treated as non-Federal, private funds of the College.

Authorizes appropriations to the College for: (1) operation and maintenance, to be funded by the Secretary separately from funding institutions under the Tribally Controlled College or University Assistance Act of 1978; and (2) facilities and capital projects, to be funded through any of specified Federal agencies.

Supersedes and repeals the Navajo Community College Act.