Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Handgun Control Act of 1996''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress hereby finds and declares--
            (1) that the estimated total number of handguns in private
        hands has reached seventy-six million;
            (2) that handguns play a major role, and a role
        disproportionate to their number in comparison with long guns,
        in the commission of homicide, aggravated assault, and armed
        robbery, and that the percentage of violent crimes in which
        handguns are used is increasing;
            (3) that more than one-half of all handguns are acquired
        secondhand and that licensing and restrictions on sale of new
        handguns will not significantly reduce handgun crime and
        handgun violence;
            (4) that with few exceptions handguns are not used for
        sporting or recreational purposes and that such purposes do not
        require keeping of handguns in private homes;
            (5) that handguns in the home are of less value than is
        commonly thought in defending against intruders and that such
        defensive purposes can be adequately accomplished by other
        means;
            (6) that violent crimes perpetrated with handguns
        constitute a burden upon and interfere with interstate and
        foreign commerce and threaten the internal security and
        domestic tranquillity of the Nation; and
            (7) that a national firearms policy which restricts the
        availability of handguns for nonlaw enforcement and nonmilitary
        purposes will significantly reduce violent crime, reduce deaths
        from handguns, and reduce other handgun violence in the United
        States.

SEC. 3. HANDGUN CONTROLS.

    Title 18, United States Code, is amended by inserting after chapter
50 the following:

                        ``CHAPTER 50A--HANDGUNS

``Sec.
``1091. Unlawful acts.
``1092. Licensing.
``1093. Penalties.
``1094. Exceptions.
``1095. Voluntary delivery to law enforcement agency; reimbursement.
``1096. Rules and regulations.
``1097. Effect on State law.
``1098. Definitions.
``Sec. 1091. Unlawful acts
    ``(a) Except as provided in section 1094 of this chapter and in
subsection (b) of this section, it shall be unlawful for any person to
import, manufacture, sell, buy, transfer, receive, or transport any
handgun.
    ``(b) The Secretary may, consistent with public safety and
necessity, exempt from the operation of subsection (a) of this section
such importation, manufacture, sale, purchase, transfer, receipt, or
transportation of handguns by importers, manufacturers, or dealers,
licensed under chapter 44 of this title, and by pistol clubs licensed
under this chapter, as may in his judgment be required for the
operation of such pistol clubs or for purposes described in section
1094 of this chapter.
``Sec. 1092. Licensing
    ``(a) A pistol club desiring to be licensed under this chapter
shall file an application for such license with the Secretary. The
application shall be in such form and contain such information as the
Secretary shall by regulation prescribe. The fee for such license shall
be $25 per year.
    ``(b) Any importer, manufacturer, or dealer desiring to be licensed
under this chapter shall apply as provided in chapter 44 of this title.
    ``(c) Any application submitted under subsection (a) shall be
approved if--
            ``(1) all members of the pistol club are twenty-one years
        of age or older;
            ``(2) no member of the pistol club is prohibited from
        transporting, shipping, or receiving firearms or ammunition in
        interstate or foreign commerce under section 922(g) or (h) of
        this title or under the law of the State in which the club will
        be located or of the State in which the member is domiciled;
            ``(3) no member of the pistol club has willfully violated
        any of the provisions of this chapter or of chapter 44 of this
        title or any regulations issued thereunder;
            ``(4) the pistol club has not willfully failed to disclose
        any material information required, or has not made any false
        statement as to any material fact, in connection with his
        application; and
            ``(5) the pistol club has premises from which it operates
        and--
                    ``(A) maintains possession and control of the
                handguns used by its members, and
                    ``(B) has procedures and facilities for keeping
                such handguns in a secure place, under the control of
                the club's chief officer, at all times when they are
                not being used for target shooting or other sporting or
                recreational purposes.
    ``(d)(1) The Secretary must approve or deny an application for a
license within the forty-five-day period beginning on the date it is
received. If the Secretary fails to act within such period, the
applicant may file an action under section 1361 of title 28 to compel
the Secretary to act. If the Secretary approves an applicant's
application, such applicant shall be issued a license upon payment of
the prescribed fee.
    ``(2) The Secretary may, after notice and opportunity for hearing,
revoke any license issued under this section if the holder of such
license has violated any provision of this chapter or of chapter 44 of
this title or any rule or regulation prescribed by the Secretary under
such chapters. The Secretary's action under this paragraph may be
reviewed only as provided in subsection (e) of this section.
    ``(e)(1) Any person whose application for a license is denied and
any holder of a license which is revoked shall receive a written notice
from the Secretary stating specifically the grounds upon which the
application was denied or upon which the license was revoked. Any
notice of revocation of a license shall be given to the holder of such
license before the effective date of the revocation.
    ``(2) If the Secretary denies an application for, or revokes, a
license, he shall, upon request by the aggrieved party, promptly hold a
hearing to review his denial or revocation. In the case of a revocation
of a license, the Secretary shall upon the request of the holder of the
license stay the effective date of the revocation. A hearing held under
this paragraph shall be held at a location convenient to the aggrieved
party.
    ``(3) If after a hearing held under paragraph (2) the Secretary
decides not to reverse his decision to deny an application or revoke a
license, the Secretary shall give notice of his decision to the
aggrieved party. The aggrieved party may at any time within sixty days
after the date notice was given under this paragraph file a petition
with the United States District Court for the district in which he
resides or has his principal place of business for a judicial review of
such denial or revocation. In a proceeding conducted under this
subsection, the court may consider any evidence submitted by the
parties to the proceeding. If the court decides that the Secretary was
not authorized to deny the application or to revoke the license, the
court shall order the Secretary to take such action as may be necessary
to comply with the judgment of the court.
    ``(f) Each licensed pistol club shall maintain such records of
receipt, sale, or other disposition, of handguns at such place, for
such period, and in such form as the Secretary may by regulations
prescribe. Such pistol clubs shall make such records available for
inspection at all reasonable times, and shall submit to the Secretary
such reports and information with respect to such records and the
contents thereof as he shall by regulations prescribe. The Secretary
may enter at reasonable times the premises (including places of
storage) of any pistol club for the purpose of inspecting or examining
(1) any records of documents required to be kept by such pistol club
under the provisions of this chapter or chapter 44 of this title and
regulations issued under such chapters, and (2) any handguns or
ammunition kept or stored by such pistol club at such premises. Upon
the request of any State or any political subdivision thereof, the
Secretary may make available to such State or any political subdivision
thereof any information which he may obtain by reason of the provisions
of this chapter with respect to the identification of persons who are
members of pistol clubs within such State or political subdivision
thereof, together with a description of the handguns included in such
pistol club's license.
    ``(g) Licenses issued under the provisions of subsection (c) of
this section shall be kept posted and kept available for inspection on
the premises covered by the license.
``Sec. 1093. Penalties
    ``(a) Whoever violates any provision of this chapter or knowingly
makes any false statement or representation with respect to the
information required by the provisions of this chapter to be kept in
the records of a pistol club licensed under this chapter, or in
applying for any license under the provisions of this chapter, shall be
fined under this title, imprisoned not more than 5 years, or both.
    ``(b) Any handgun involved or used in, or intended to be used in,
any violation of the provisions of this chapter or chapter 44 of this
title or any rule or regulation promulgated thereunder, or any
violation of any other criminal law of the United States, shall be
subject to seizure and forfeiture and all provisions of the Internal
Revenue Code of 1986 relating to the seizure, forfeiture, and
disposition of firearms shall, so far as applicable, extend to seizures
and forfeitures under the provisions of this chapter.
``Sec. 1094. Exceptions
    ``(a) The provisions of this chapter shall not apply with respect
to the importation, manufacture, sale, purchase, transfer, receipt, or
transportation of any handgun which the Secretary determines is being
imported or manufactured for, sold, or transferred to, purchased,
received, or transported by, or issued for the use of, the United
States or any department or agency thereof or any State or any
department, agency, or political subdivision thereof.
    ``(b) The provisions of this chapter shall not apply with respect
to the importation, manufacture, sale, purchase, transfer, receipt, or
transportation of a handgun which the Secretary determines is
unserviceable, not restorable to firing condition, and intended for use
as a curio, museum piece, or collectors' item.
``Sec. 1095. Voluntary delivery to law enforcement agency;
              reimbursement
    ``(a) A person may at any time deliver to any Federal, State, or
local law enforcement agency designated by the Secretary a handgun
owned or possessed by such person. The Secretary shall arrange with
each agency designated to receive handguns for the transfer,
destruction, or other disposition of all handguns delivered under this
section.
    ``(b) Upon proof of lawful acquisition and ownership by a person
delivering a handgun to a law enforcement agency under this section,
the owner of the handgun shall be entitled to receive from the United
States a payment equal to the fair market value of the handgun or $25,
whichever is more. The Secretary shall provide for the payment,
directly or indirectly, through Federal, State, and local law
enforcement agencies, of the amounts to which owners of handguns
delivered under this section are entitled.
    ``(c) The amounts authorized in subsection (b) of this section
shall be paid out of the fees collected under section 1092(a) of this
chapter to the extent that such fees are sufficient for this purpose.
The remainder of amounts authorized in subsection (b) of this section
shall be paid out of general revenues.
``Sec. 1096. Rules and regulations
    ``(a) The Secretary may prescribe such rules and regulations as he
deems necessary to carry out the provisions of this chapter,
including--
            ``(1) regulations providing that a person licensed under
        this chapter, when dealing with another person so licensed or
        with a person licensed under chapter 44 of this title, shall
        provide such other licensed person a certified copy of his
        license; and
            ``(2) regulations providing for the issuance, at a
        reasonable cost, to a person licensed under this chapter, of
        certified copies of his license for use as provided under
        regulations issued under paragraph (1) of this subsection.
    ``(b) The Secretary shall give reasonable public notice, and afford
to interested parties opportunity for hearing, prior to prescribing
rules and regulations authorized by this section.
``Sec. 1097. Effect on State law
    ``No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which such
provision operates to the exclusion of the law of any State on the same
subject, unless there is a direct and positive conflict between such
provision and the law of the State so that the two cannot be reconciled
or consistently stand together.
``Sec. 1098. Definitions
    ``As used in this chapter:
            ``(1) The term `person' and the term `whoever' include any
        individual, corporation, company, association, firm,
        partnership, club, society, or joint-stock company.
            ``(2) The term `importer' means any person engaged in the
        business of importing or bringing handguns into the United
        States for purposes of sale or distribution; and the term
        `licensed importer' means any such person licensed under the
        provisions of chapter 44 of this title.
            ``(3) The term `manufacturer' means any person engaged in
        the manufacture or assembly of handguns for the purposes of
        sale or distribution; and the term `licensed manufacturer'
        means any such person licensed under the provisions of chapter
        44 of this title.
            ``(4) The term `dealer' means (A) any person engaged in the
        business of selling handguns at wholesale or retail, (B) any
        person engaged in the business of repairing handguns or of
        making or fitting special barrels, or trigger mechanisms to
        handguns, or (C) any person who is a pawnbroker. The term
        `licensed dealer' means any dealer who is licensed under the
        provisions of chapter 44 of this title.
            ``(5) The term `collector' means any person who acquires,
        holds, or disposes of handguns as curios, or relics, as the
        Secretary shall by regulation define, and the term `licensed
        collector' means any such person licensed under the provisions
        of chapter 44 of this title.
            ``(6) The term `Secretary' or `Secretary of the Treasury'
        means the Secretary of the Treasury or his delegate.
            ``(7) The term `handgun' means any weapon--
                    ``(A) designed or redesigned, or made, or remade,
                and intended to be fired while held in one hand;
                    ``(B) having a barrel less than ten inches in
                length; and
                    ``(C) designed or redesigned, or made or remade, to
                use the energy of an explosive to expel a projectile or
                projectiles through a smooth or rifled bore.
            ``(8) The term `pistol club' means a club organized for
        target shooting with handguns or to use handguns for sporting
        or other recreational purposes and which--
                    ``(A) maintains possession and control of the
                handguns used by its members, and
                    ``(B) has procedures and facilities for keeping
                such handguns in a secure place, under the control of
                the club's chief officer, at all times when they are
                not being used for target shooting, sporting, or other
                recreational purposes.
        The term `licensed pistol club' means any pistol club which is
        licensed under this chapter.''.

SEC. 4. ENFORCEMENT AND ADMINISTRATION.

    The enforcement and administration of the amendment made by this
Act shall be vested in the Secretary of the Treasury.

SEC. 5. EFFECT ON OTHER FEDERAL LAW.

    Nothing in this Act or the amendment made by this Act shall be
construed as modifying or affecting any provision of--
            (1) the National Firearms Act (chapter 53 of the Internal
        Revenue Code of 1954);
            (2) section 414 of the Mutual Security Act of 1954 (22
        U.S.C. 1934), as amended, relating to munitions control; or
            (3) section 1715 of title 18, United States Code, relating
        to nonmailable firearms.

SEC. 6. EFFECTIVE DATE.

    The provisions of this Act shall take effect one year after the
date of the enactment of this Act.

Output:
Handgun Control Act of 1996 - Amends the Federal criminal code to prohibit the importation, manufacture, sale, purchase, transfer, receipt, or transportation (use) of a handgun, with exceptions.
Authorizes the Secretary of the Treasury, consistent with public safety and necessity, to exempt such activities by licensed importers, manufacturers, or dealers, and by licensed pistol clubs, as may be required for the operation of such clubs.
Requires a pistol club desiring to be licensed to file an application for a license with the Secretary.  Establishes a $25 per year license fee.  Requires approval of any such application if:  (1) all club members are age 21 or older; (2) no member of the club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under Federal or applicable State law; (3) no member of the club has willfully violated any Federal firearms law or regulations; (4) the club has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with the application; and (5) the club has premises from which it operates and maintains possession and control of the handguns used by its members and has procedures and facilities for keeping such handguns in a secure place, under the control of the club's chief officer, at all times when they are not being used for target shooting or other sporting or recreational purposes.
Establishes procedures and requirements regarding:  (1) approval or denial of applications; (2) license revocation, including notice and opportunity for a hearing; (3) review by the Secretary and appeal of application denials; (4) records requirements by licensed clubs; and (5) license posting and availability for inspection on the premises covered by the licensee.
Sets penalties for violations.  Subjects handguns involved, used, or intended to be used in violation of Federal firearms provisions to seizure and forfeiture and makes all provisions of the Internal Revenue Code relating to seizure, forfeiture, and disposition of firearms, so far as applicable, extend to such seizures and forfeitures.
Makes this Act inapplicable to such use:  (1) by the United States or any department or agency thereof or any State or department, agency, or political subdivision thereof; and (2) in which the handgun is determined to be unserviceable, not restorable to firing condition, and intended for use as a curio, museum piece, or collectors' item.
Sets forth provisions regarding:  (1) voluntary delivery of a handgun to a law enforcement agency, including provision for reimbursement upon proof of lawful acquisition and ownership; (2) rulemaking by the Secretary; (3) the Secretary's enforcement and administration authority; and (4) the effect of this Act on State law and on other Federal law.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) International terrorism is a serious and deadly problem
        that threatens the vital interests of the United States.
            (2) The Constitution confers upon Congress the power to
        punish crimes against the law of nations and to carry out the
        treaty obligations of the United States, and therefore Congress
        may by law impose penalties relating to the provision of
        material support to foreign organizations engaged in terrorist
        activity, and allow for victims of international terrorism to
        recover damages from those who have harmed them.
            (3) International terrorism affects the interstate and
        foreign commerce of the United States by harming international
        trade and market stability, and limiting international travel
        by United States citizens as well as foreign visitors to the
        United States.
            (4) Some foreign terrorist organizations, acting through
        affiliated groups or individuals, raise significant funds
        outside the United States for conduct directed and targeted at
        the United States.
            (5) Foreign organizations that engage in terrorist activity
        are so tainted by their criminal conduct that any contribution
        to such an organization facilitates that conduct.
            (6) The imposition of civil liability at every point along
        the causal chain of terrorism is necessary to deter the flow of
        terrorism's lifeblood, money. As recognized by Judge Richard
        Posner in Boim v. Holy Land Foundation for Relief and
        Development, Nos. 05-1815, 05-1816, 05-1821, 05-1822, _ F.3d _
        (7th Cir. 2008) (en banc), ``Damages are a less effective
        remedy against terrorists and their organizations than against
        their financial angels . . . suits against financiers of
        terrorism can cut the terrorists' lifeline.'' Moreover, the
        statute of limitations for such claims must be extensive, for
        as the Seventh Circuit notes, ``Seed money for terrorism can
        sprout acts of violence long after the investment''.
            (7) The reasoning like that of the United States Court of
        Appeals for the Second Circuit in In Re: Terrorists Attacks on
        September 11, 2001, 538 F.3d 71 (2d Cir. 2008) undermine
        important counter-terrorism policies of the United States, by
        affording undue protection from civil liability to persons,
        entities and states that provide material support or resources
        to foreign terrorist organizations, and by depriving victims of
        international terrorism of meaningful access to court to seek
        redress for their injuries.
            (8) The United Nations Security Council declared in
        Resolution 1373, adopted on September 28, 2001, that all states
        have an affirmative obligation to ``refrain from providing any
        form of support, active or passive, to entities or persons
        involved in terrorist acts,'' and to ``ensure that any person
        who participates in the financing, planning, preparation or
        perpetration of terrorist acts or in supporting terrorist acts
        is brought to justice''.
            (9) Consistent with these declarations, no state possesses
        the discretion to engage knowingly in the financing or
        sponsorship of terrorism, whether directly or indirectly.
            (10) Persons, entities or states that knowingly or
        recklessly contribute material support or resources, directly
        or indirectly, to persons or organizations that pose a
        significant risk of committing acts of terrorism that threaten
        the security of United States nationals or the national
        security, foreign policy, or economy of the United States,
        necessarily direct their conduct at the United States, and
        should reasonably anticipate being haled into court in the
        United States to answer for such activities.
            (11) The United States has a vital interest in providing
        persons and entities injured as a result of terrorist attacks
        committed within the United States with full access to court to
        pursue civil claims against persons, entities, or states that
        have knowingly or recklessly provided material support or
        resources, directly or indirectly, to the persons or
        organizations responsible for their injuries.
    (b) Purpose.--The purpose of this Act is to provide civil litigants
with the fullest possible basis, consistent with the Constitution, to
seek relief against persons, entities and foreign states, wherever
acting and wherever they may be found, which have provided material
support or resources, directly or indirectly, to foreign organizations
that engage in terrorist activities against the United States.

SEC. 3. FOREIGN SOVEREIGN IMMUNITY.

    (a) Exceptions.--Section 1605(a) of title 28, United States Code,
is amended--
            (1) by amending paragraph (5) to read as follows:
            ``(5) not otherwise encompassed in paragraph (2), in which
        money damages are sought against a foreign state arising out of
        physical injury or death, or damage to or loss of property,
        occurring in the United States and caused by the tortious act
        or omission of that foreign state or of any official or
        employee of that foreign state while acting within the scope of
        his office or employment (regardless of where the underlying
        tortious act or omission occurs), including any statutory or
        common law tort claim arising out of an act of extrajudicial
        killing, aircraft sabotage, hostage taking, terrorism, or the
        provision of material support or resources for such an act, or
        any claim for contribution or indemnity relating to a claim
        arising out of such an act, except this paragraph shall not
        apply to--
                    ``(A) any claim based upon the exercise or
                performance or the failure to exercise or perform a
                discretionary function, regardless of whether the
                discretion is abused; or
                    ``(B) any claim arising out of malicious
                prosecution, abuse of process, libel, slander,
                misrepresentation, deceit, interference with contract
                rights, or any claim for emotional distress or
                derivative injury suffered as a result of an event or
                injury to another person that occurs outside of the
                United States; or''; and
            (2) by inserting after subsection (d) the following:
    ``(e) Definitions.--For purposes of subsection (a)(5)--
            ``(1) the terms `aircraft sabotage', `hostage taking', and
        `material support or resources' have the meanings given those
        terms in section 1605A(h); and
            ``(2) the term `terrorism' means international terrorism,
        and domestic terrorism, as those terms are defined in section
        2331 of title 18.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.

SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
              TERRORIST ACTS.

    (a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
    ``(d) Liability.--In an action arising under subsection (a),
liability may be asserted as to the person or persons who committed
such act of international terrorism or any person or entity that aided,
abetted, provided material support or resources (as defined in section
2339A(b)(1)) to, or conspired with the person or persons who committed
such an act of international terrorism.
    ``(e) Non-Applicability of Law of Preclusion.--Any civil action or
claim that seeks recovery under this chapter for conduct that was the
basis of a civil action or claim previously dismissed for lack of
subject matter jurisdiction for failure to meet the requirements for an
exception under section 1605(a) of title 28 is not subject to dismissal
under the law of preclusion.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
    (c) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects a foreign state's immunity from
jurisdiction under other law.

SEC. 5. JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST ACTS.

    (a) In General.--Section 2334 of title 18, United States Code, is
amended by inserting at the end the following:
    ``(e) Jurisdiction.--The district courts shall have personal
jurisdiction, to the maximum extent permissible under the Fifth
Amendment of the United States Constitution, over any person who aids
and abets an act of international terrorism or who provides material
support or resources as set forth in sections 2339A, 2339B, or 2339C of
this title, for acts of international terrorism in which any national
of the United States suffers injury in his or her person, property or
business by reason of such an act in violation of section 2333 of this
title.''.
    (b) Effective Date.--The amendment made by this section shall apply
to all proceedings pending in any form on the date of the enactment of
this Act and to all proceedings commenced on or after such the date of
enactment.

SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
              TERRORIST ACTS.

    (a) In General.--Section 2337 of title 18, United States Code, is
amended to read as follows:
``Sec. 2337. Suits against Government officials
    ``No action shall be maintained under section 2333 of this title
against the United States, an agency of the United States, or an
officer or employee of the United States or any agency thereof acting
within his or her official capacity or under color of legal
authority.''.
    (b) Effective Date.--The amendment made by this section shall apply
to all proceedings pending in any form on the date of the enactment of
this Act and to all proceedings commenced on or after such date of
enactment.

SEC. 7. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING TERRORIST
              ACTS.

    (a) In General.--Section 2335 of title 18, United States Code, is
amended--
            (1) in subsection (a), by striking ``four years'' and
        inserting ``15 years''; and
            (2) in subsection (b), by striking ``four years'' and
        inserting ``15 years''.
    (b) Effective Date.--The amendments made by this section shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
    (c) Effect on Dismissed Causes of Action.--Any private civil action
under section 2333 of title 18, United States Code--
            (1) that was dismissed as time barred prior to the date of
        enactment of this Act, and
            (2) that would have been timely filed pursuant to section
        2335 of title 18, United States Code, as amended by this
        section,
may be refiled not later than 90 days after the date of enactment of
this Act.

SEC. 8. SEVERABILITY.

    If any provision of this Act or the amendments made by this Act or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act, the amendments made by this Act, or the
application thereof to other persons not similarly situated or to other
circumstances shall not be affected by such invalidation.

Output:
Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act.

Amends the federal criminal code to: (1) impose liability on, and grant U.S. district courts personal jurisdiction over, any person who aids, abets, provides material support or resources to, or conspires with a person who commits an act of international terrorism that injures a U.S. national; (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism; and (3) extend from 4 to 15 years the limitation period for bringing an action for civil damages resulting from an act of international terrorism and allow previously time-barred cases that would have been timely filed under such extended limitation period to be refiled within 90 days of the enactment of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fix And Improve Reimbursement (FAIR)
for Physicians Act of 2006''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The Medicare sustainable growth rate (SGR) formula,
        used in establishing payment rates under the physician fee
        schedule under the Medicare program, resulted in significant
        payment cuts to physicians and health care professionals in
        2002.
            (2) The Medicare SGR formula would have resulted in payment
        cuts to physicians and health care professionals in 2003, 2004,
        2005, and 2006 had Congress not intervened.
            (3) The Medicare SGR formula will result in a 5 percent
        payment cut to physicians and health care professionals
        effective January 1, 2007.
            (4) According to the Medicare Payment Advisory Commission
        (MedPAC) and the Board of Trustees of the Federal Hospital
        Insurance Trust Fund and the Federal Supplementary Medical
        Insurance Trust Fund, the Medicare SGR formula will result in
        substantial payment cuts to physicians and health care
        professionals through at least 2015.
            (5) MedPAC does not support the impending payment cuts
        described in paragraphs (3) and (4) and is concerned that such
        consecutive annual payment cuts would threaten access to
        physician services over time, particularly primary care
        services.
            (6) MedPAC has raised concerns over current payment
        policies that may discourage medical students and residents
        from becoming primary care physicians because many Medicare
        beneficiaries rely on primary care providers for important
        health care management.
            (7) According to a 2006 American Medical Association
        survey, if payment cuts to physicians under the Medicare
        program go into effect, 45 percent of physicians plan to
        decrease the number of new Medicare patients they accept, 50
        percent of physicians plan to defer the purchase of information
        technology, 37 percent of physicians who treat patients living
        in rural communities will discontinue rural outreach services,
        and 43 percent of physicians will decrease the number of new
        TRICARE patients they accept.
            (8) MedPAC, who considers the Medicare SGR formula a
        flawed, inequitable mechanism for controlling the volume of
        services, first recommended repeal of the Medicare SGR formula
        in 2001 and since then has consistently recommended repealing
        the formula.
            (9) Annual actions by Congress to override the Medicare SGR
        formula result in instability and unpredictability for
        physicians, health care professionals, seniors, and individuals
        with disabilities.
            (10) Annual actions by Congress to override the Medicare
        SGR formula do not solve the long-term problem as the formula
        extracts the added spending in future years by imposing ever
        more drastic cuts.
            (11) Stable, positive updates under the Medicare physician
        fee schedule that accurately reflect medical practice cost
        increases are vital for encouraging and economically supporting
        physicians' ability to make the significant financial
        investment required for health information technology and
        participation in quality improvement programs.
            (12) A stable payment system for physicians is critical to
        preserve Medicare beneficiaries' access to high-quality health
        care.
            (13) Adopting MedPAC's recommendation to update payments
        for physicians' services under the Medicare program in 2007 and
        2008 by the projected change in input prices less MedPAC's
        expectation for productivity growth is necessary to allow
        M.D.s, D.O.s, and health care professionals to continue to
        provide access to high-quality Medicare services for all
        Medicare beneficiaries while giving Congress time to develop an
        alternative payment system that accurately reflects the costs
        of providing care to Medicare beneficiaries
    (b) Purpose.--The purpose of this Act is to sunset the Medicare
sustainable growth rate formula as of January 1, 2009, in order to
expedite Congressional action in establishing a new physician payment
system under the Medicare program that would appropriately reimburse
physicians by keeping pace with increases in medical practice costs and
providing stable, positive Medicare updates.

SEC. 3. SUNSET OF MEDICARE SUSTAINABLE GROWTH RATE FORMULA.

    (a) In General.--Subsection (f) of section 1848 of the Social
Security Act (42 U.S.C. 1395w-4) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall apply
to services furnished on or after January 1, 2009.

SEC. 4. ESTABLISHMENT OF PHYSICIAN PAYMENT UPDATE COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established a commission to be
        known as the ``Physician Payment Update Commission'' (referred
        to in this section as the ``Commission'').
            (2) Membership.--
                    (A) Composition.--The Commission shall be composed
                of 17 members appointed by the Comptroller General of
                the United States, upon the recommendation of the
                Majority and Minority Leaders of the Senate.
                    (B) Date of appointments.--Members of the
                Commission shall be appointed not later than 3 months
                after the date of enactment of this Act.
            (3) Qualifications.--
                    (A) In general.--The membership of the Commission
                shall include individuals with national recognition for
                their expertise in health finance and economics,
                actuarial science, integrated delivery systems,
                allopathic and osteopathic medicine and other areas of
                health services, and other related fields, who provide
                a mix of different professionals, broad geographic
                representation, and a balance between urban and rural
                representatives.
                    (B) Inclusion.--The members of the Commission shall
                include (but not be limited to) physicians and other
                health professionals, employers, third-party payers,
                individuals skilled in the conduct and interpretation
                of biomedical, health services, and health economics
                research and technology assessment. Such membership
                shall also include representatives of consumers and the
                elderly.
                    (C) Majority physicians and other health
                professionals.--Individuals who are physicians or other
                health professionals shall constitute a majority of the
                membership of the Commission.
            (4) Term; vacancies.--
                    (A) Term.--A member shall be appointed for the life
                of the Commission.
                    (B) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the
                        Commission; and
                            (ii) shall be filled in the same manner as
                        the original appointment was made.
            (5) Meetings.--The Commission shall meet at the call of the
        Chairperson.
            (6) Quorum.--A majority of the members of the Commission
        shall constitute a quorum, but a lesser number of members may
        hold hearings.
            (7) Chairperson.--The Comptroller General shall designate a
        member of the Commission, at the time of the appointment of the
        member, as Chairperson.
    (b) Duties.--
            (1) Study.--The Commission shall conduct a study of all
        matters relating to payment rates under the Medicare physician
        fee schedule under section 1848 of the Social Security Act (42
        U.S.C. 1395w-4).
            (2) Recommendations.--The Commission shall develop
        recommendations on the establishment of a new physician payment
        system under the Medicare program that would appropriately
        reimburse physicians by keeping pace with increases in medical
        practice costs and providing stable, positive Medicare updates.
            (3) Report.--Not later than December 1, 2007, the
        Commission shall submit to the appropriate Committees of
        Congress and the Medicare Payment Advisory Commission--
                    (A) a detailed statement of the findings and
                conclusions of the Commission; and
                    (B) the recommendations of the Commission for such
                legislation and administrative actions as the
                Commission considers appropriate.
    (c) Powers.--
            (1) Hearings.--The Commission may hold such hearings, meet
        and act at such times and places, take such testimony, and
        receive such evidence as the Commission considers advisable to
        carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly
                from a Federal agency such information as the
                Commission considers necessary to carry out this
                section.
                    (B) Provision of information.--On request of the
                Chairperson of the Commission, the head of the agency
                shall provide the information to the Commission.
            (3) Postal services.--The Commission may use the United
        States mails in the same manner and under the same conditions
        as other agencies of the Federal Government.
    (d) Commission Personnel Matters.--
            (1) Compensation of members.--
                    (A) In general.--Members of the Commission shall
                serve without compensation in addition to the
                compensation received for the services of the member as
                an officer or employee of the Federal Government.
                    (B) Travel expenses.--A member of the Commission
                shall be allowed travel expenses, including per diem in
                lieu of subsistence, at rates authorized for an
                employee of an agency under subchapter I of chapter 57
                of title 5, United States Code, while away from the
                home or regular place of business of the member in the
                performance of the duties of the Commission.
            (2) Staff and support services.--
                    (A) Executive director.--The Chairperson shall
                appoint an executive director of the Commission.
                    (B) Staff.--With the approval of the Commission,
                the executive director may appoint such personnel as
                the executive director considers appropriate.
                    (C) Applicability of civil service laws.--The staff
                of the Commission shall be appointed without regard to
                the provisions of title 5, United States Code,
                governing appointments in the competitive service, and
                shall be paid without regard to the provisions of
                chapter 51 and subchapter III of chapter 53 of such
                title (relating to classification and General Schedule
                pay rates.
                    (D) Experts and consultants.--With the approval of
                the Commission, the executive director may procure
                temporary and intermittent services under section
                3109(b) of title 5, United States Code.
    (e) Termination of Commission.--The Commission shall terminate 30
days after the date on which the Commission submits the report of the
Commission under subsection (b)(3).
    (f) Review and Response to Recommendations by the Medicare Payment
Advisory Commission.--
            (1) In general.--Not later than January 1, 2008, the
        Medicare Payment Advisory Commission shall--
                    (A) review the recommendations included in the
                report submitted under subsection (b)(3); and
                    (B) submit to the appropriate Committees of
                Congress a report on such review.
            (2) Contents of report on review of commission
        recommendations.--The report submitted under paragraph (1)(B)
        shall include the following:
                    (A) If the Medicare Payment Advisory Commission
                supports such recommendations, the reasons for such
                support; or
                    (B) If the Medicare Payment Advisory Commission
                does not support such recommendations, the
                recommendations of the Medicare Payment Advisory
                Commission, together with an explanation as to why the
                Medicare Payment Advisory Commission does not support
                the recommendations of the Commission.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Such appropriation shall be payable from the Federal Supplementary
Medical Insurance Trust Fund under section 1841 of the Social Security
Act (42 U.S.C. 1395t).

Output:
Fix And Improve Reimbursement (FAIR) for Physicians Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to repeal the sustainable growth rate (SGR) formula.

Establishes the Physician Payment Update Commission to study and report to the appropriate congressional committees and the Medicare Payment Advisory Commission (MEDPAC) on all matters relating to payment rates under the Medicare physician fee schedule. Requires the Commission to develop recommendations for establishment of a new Medicare physician payment system that would keep pace with increases in medical practice costs and provide stable, positive Medicare updates.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accutane Safety and Risk Management
Act''.

SEC. 2. FEDERAL FOOD, DRUG, AND COSMETIC ACT; RESTRICTIONS REGARDING
              DRUG ISOTRETINOIN.

    (a) In General.--Not later than the expiration of the 30-day period
beginning on the date of the enactment of this Act, the Secretary of
Health and Human Services (referred to in this Act as the
``Secretary''), acting through the Commissioner of Food and Drugs,
shall withdraw the approval under section 505 of the Federal Food,
Drug, and Cosmetic Act of each application for a drug that contains
isotretinoin as an active ingredient (including the drug marketed as
Accutane). During or after such period, any holder of an application
that is subject to the preceding sentence may file with the Secretary a
supplemental application for such drug, and the Secretary may approve
the supplemental application in accordance with subsection (b).
    (b) Restrictions.--Any approval by the Secretary of a supplemental
application for a drug containing isotretinoin pursuant to subsection
(a) shall provide that such drug is being approved as a drug subject to
subpart H of part 314 of title 21, Code of Federal Regulations. The
Secretary shall under such subpart H establish restrictions on the
distribution of the drug. Such restrictions shall require that
distribution of the drug under all the approved supplemental
applications be exclusively through a single program, approved by the
Secretary, that provides for the distribution of the drug in accordance
with the following conditions:
            (1) Distribution of the drug by manufacturers is directly
        to pharmacists (without the involvement of entities engaged in
        the wholesale distribution of drugs), and each pharmacist
        receiving the drug is in compliance with the following:
                    (A) The pharmacist has registered with the program.
                    (B) The pharmacist has received education on
                potential side effects of the drug relating to birth
                defects and mental health or behavioral issues that, as
                of the day before the date of the enactment of this
                Act, were described on the approved labeling for the
                drug (including depression, suicidal ideation, suicide
                attempts, suicide, and aggressive or violent behavior).
                    (C) The pharmacist agrees that the drug will be
                dispensed only pursuant to prescriptions issued by
                practitioners at treatment centers certified under
                paragraph (2).
                    (D) The pharmacist has signed and filed with the
                program a statement that the pharmacist understands the
                conditions for participation in the program as a
                pharmacist, and will maintain compliance with the
                agreement described in subparagraph (C) and otherwise
                comply with applicable conditions.
            (2) The program certifies clinics and medical offices as
        treatment centers regarding the drug, makes the certifications
        in accordance with the conditions described in subsection (c),
        provides that the certifications are effective for one year,
        and maintains a registry of treatment centers for which
        certifications are in effect.
            (3) The program develops and makes available to
        practitioners materials for educating patients on the drug,
        including managing the risks associated with the drug, and such
        materials include a questionnaire, to be completed monthly by
        patients, that warns patients of the adverse side effects
        described in paragraph (1)(B) and monitors for the development
        of any such effects in patients.
            (4) The drug is prescribed for a patient by a practitioner
        only in accordance with the following:
                    (A) The drug is prescribed for severe, recalcitrant
                nodular acne that is unresponsive to conventional
                therapy, including antibiotics.
                    (B) The patient is registered with the program.
                    (C) Using the materials referred to in paragraph
                (3), the practitioner educates the patient on the drug,
                including providing one-on-one, in-person counseling.
                    (D) The practitioner provides to the patient the
                questionnaire referred to in paragraph (3), and the
                patient completes the questionnaire.
                    (E) The patient signs a statement providing the
                informed consent of the patient to undergo treatment
                with the drug (or a parent or guardian of the patient
                signs the statement, in the case of a patient who is a
                minor or otherwise lacks legal capacity).
                    (F) The patient undergoes the appropriate blood
                tests.
                    (G) In the case of a female patient--
                            (i) the education under subparagraph (C)
                        includes education on the need to avoid
                        becoming pregnant while being treated with the
                        drug; and
                            (ii) the practitioner determines that the
                        patient is not pregnant, as indicated by an
                        electronic verification, provided to the
                        practitioner by an accredited laboratory, that
                        the patient has undergone a pregnancy test and
                        received a negative result.
                    (H) In the case of a male patient, the education
                under subparagraph (C) includes education on the need
                to avoid impregnating women while being treated with
                the drug.
                    (I) The prescription is issued only after
                compliance with subparagraphs (B) through (H).
                    (J) The prescription is for a 30-day supply of the
                drug, with no refills.
                    (K) Each further prescription for the drug is
                issued by the practitioner to the patient only pursuant
                to another in-person consultation with the
                practitioner, and prior to issuing the prescription,
                compliance with subparagraphs (C) through (I) is
                repeated.
                    (L) The patient undergoes the appropriate blood
                tests 30 days after the conclusion of treatment with
                the drug.
            (5) Such additional conditions as the Secretary may by
        regulation determine to be necessary to protect the public
        health with respect to the drug.
    (c) Certification of Treatment Centers.--For purposes of subsection
(b)(2), the conditions for the program to certify a clinic or medical
office as a treatment center regarding a drug containing isotretinoin
are as follows:
            (1) The program determines that each of the practitioners
        at the clinic or office who will prescribe the drug is in
        compliance with the following:
                    (A) The practitioner is authorized under the law of
                the State involved to administer prescription drugs.
                    (B) The practitioner has registered with the
                program and received education on the potential side
                effects referred to in subsection (b)(1)(B).
                    (C) The practitioner agrees as follows:
                            (i) The practitioner will prescribe the
                        drug for a patient in accordance with
                        subsection (b)(4).
                            (ii) If a female patient being treated with
                        the drug becomes pregnant, the practitioner
                        will immediately report the pregnancy to the
                        program and provide follow-up in accordance
                        with the program.
                            (iii) The practitioner will not issue
                        prescriptions for the drug by telephone or
                        facsimile transmission, or through the
                        Internet.
                            (iv) The practitioner will--
                                    (I) report to the Secretary any
                                information received by the
                                practitioner on adverse events that are
                                associated with the use of the drug by
                                patients of the practitioner; and
                                    (II) submit such reports quarterly,
                                except in the case of a patient death
                                associated with the drug, in which case
                                the report will be submitted
                                immediately, but in no case later than
                                15 days after the date on which the
                                practitioner learns of the death.
                    (D) The practitioner has signed and filed with the
                program a statement that the practitioner understands
                the conditions for participation in the program as a
                practitioner, and will maintain compliance with the
                agreements described in subparagraph (C) and otherwise
                comply with applicable conditions.
            (2) After the initial certification of the clinic or
        office, the program renews a certification for additional one-
        year periods only if the program has conducted an evaluation to
        determine whether, during the preceding one-year period, each
        practitioner at the center who prescribes the drug has
        maintained substantial compliance with applicable conditions of
        the program.
            (3) Such additional conditions as the Secretary may by
        regulation determine to be necessary to protect the public
        health with respect to the drug.
    (d) Monitoring by Secretary.--The Secretary shall monitor the
distribution of drugs containing isotretinoin under supplemental
applications approved under subsection (b), including the prescribing
and dispensing of the drug, to determine whether the drug is being
distributed in accordance with the program approved by the Secretary
under such subsection.
    (e) Additional Approved Uses.--
            (1) In general.--With respect to a drug that contains
        isotretinoin as an active ingredient, this section may not be
        construed as prohibiting the Secretary from approving an
        application under section 505 of the Federal Food, Drug, and
        Cosmetic Act for such a drug for a use different than the use
        described in subsection (b)(4)(A) (which different use is
        referred to in this subsection as a ``new use'').
            (2) Conditions.--For purposes of paragraph (1):
                    (A) An approval by the Secretary of a new use is
                subject to the same conditions as apply under
                subsection (b) with respect to the use described in
                paragraph (4)(A) of such subsection.
                    (B) In applying such conditions to the new use, the
                Secretary may authorize the program under subsection
                (b) to be expanded to include the new use, or the
                Secretary may require the establishment of a separate
                program for the new use.
                    (C) The requirement of monitoring under subsection
                (d) applies with respect to the new use to the same
                extent and in the same manner as the requirement
                applies with respect to the use described in subsection
                (b)(4)(A).
                    (D) Section 3 applies with respect to the new use.

SEC. 3. REPORTING OF ADVERSE EVENTS BY MANUFACTURERS AND DISTRIBUTORS.

    (a) In General.--Each person who is a manufacturer or distributor
of a drug containing isotretinoin shall report to the Secretary any
information received by such person on adverse events that are
associated with such drug. In any case in which an individual reports
an adverse event to such person and states that the individual believes
the drug is a factor in the event, the person shall consider the event
to be associated with the drug for purposes of the preceding sentence.
    (b) Timeframe for Reporting.--A person described in subsection (a)
shall submit reports under such subsection to the Secretary on a
quarterly basis, except that in the case of a death associated with
isotretinoin, the report shall be submitted immediately, but in no case
later than 15 days after the date on which the person learns of the
death.

SEC. 4. FURTHER STUDIES.

    (a) In General.--The Secretary, in consultation with the Director
of the Centers for Disease Control and Prevention, the Director of the
National Institutes of Health, and the Director of the National
Institute of Mental Health, shall continue to conduct and support
appropriate studies to explore, in adolescents and adults--
            (1) the effects of isotretinoin and retinoid acid on the
        central nervous system, including the brain; and
            (2) the behavioral effects of isotretinoin, including
        depression, suicidal ideation, suicide attempts, suicide, and
        aggressive or violent behavior.
    (b) Authorization of Appropriations.--For the purpose of studies
under subsection (a), there are authorized to be appropriated such sums
as may be necessary for fiscal year 2006 and each subsequent fiscal
year, in addition to any other authorizations of appropriations that
are available for such purpose.

Output:
Accutane Safety and Risk Management Act - Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to withdraw approval within 30 days for the sale of drugs that contain isotretinoin as an active ingredient, including Accutane.

Allows the Secretary to approve subsequent supplemental applications for such drugs subject to certain restrictions, including safety reporting. Requires that distribution of such subsequently approved drugs be limited, including by: (1) allowing distribution only directly from manufacturers to pharmacists; (2) requiring pharmacists to register, receive education on side effects, dispense only those prescriptions from physicians at certified treatment centers, and file a statement of compliance; (3) developing educational materials for patients, including monthly questionnaires for patients to monitor the development of adverse side effects; (4) requiring patients to register, receive counseling on the drug, sign a statement providing informed consent for treatment, and undergo appropriate tests; and (5) limiting prescriptions to a 30-day supply with no refills.

Specifies conditions for a clinic to be certified as a treatment center for a drug containing isotretinoin, including requiring each practitioner to meet certain conditions, such as requirements for registration, an agreement to prescribe in accordance with this Act, and reporting of adverse events.

Requires the Secretary to monitor the distribution of such drugs to determine whether the drug is being distributed in accordance with this Act.

Specifies conditions under which the Secretary may approve a drug that contains isotretinoin as an active ingredient for a new use.

Requires manufacturers and distributors of isotretinoin to report any information on adverse events associated with the drug to the Secretary.

Requires the Secretary to conduct and support studies to explore the effects of isotretinoin on the central nervous system and behavior, including depression, suicide, and violent behavior.


Input:
SECTION 1. FINDINGS.

    The Congress finds that--
            (1) Ukraine allows its citizens the right and opportunity
        to emigrate, free of anything more than a nominal tax on
        emigration or on the visas or other documents required for
        emigration and free of any tax, levy, fine, fee, or other
        charge on any citizens as a consequence of the desire of such
        citizens to emigrate to the country of their choice;
            (2) Ukraine has been found to be in full compliance with
        the freedom of emigration requirements under title IV of the
        Trade Act of 1974 since 1997;
            (3) since reestablishing independence in 1991, Ukraine has
        taken important steps toward the creation of democratic
        institutions and a free-market economy and, as a participating
        state of the Organization for Security and Cooperation in
        Europe (OSCE), is committed to developing a system of
        governance in accordance with the principles regarding human
        rights and humanitarian affairs that are set forth in the Final
        Act of the Conference on Security and Cooperation in Europe
        (also known as the ``Helsinki Final Act'') and successive
        documents;
            (4) Ukraine has shown progress towards meeting
        international commitments and standards in its most recent
        Parliamentary elections, recognizing that significant
        shortcomings remain, including in the implementation of
        Ukraine's election laws, illegal interference by public
        authorities in the electoral process, and allegations of
        intimidation against opposition contestants, activists, and
        voters;
            (5) as a participating state of the OSCE, Ukraine is
        committed to addressing issues relating to its national and
        religious minorities and to adopting measures to ensure that
        persons belonging to national minorities have full equality
        both individually and communally;
            (6) Ukraine has enacted legislation providing protection
        against incitement to violence against persons or groups based
        on national, racial, ethnic, or religious discrimination,
        including anti-Semitism, and has committed itself, including
        through a letter to the President of the United States, to
        ensuring freedom of religion and combating racial and ethnic
        intolerance and hatred;
            (7) Ukraine has engaged in efforts to combat ethnic and
        religious intolerance by cooperating with various United States
        nongovernmental organizations;
            (8) Ukraine is continuing the restitution of religious
        properties, including religious and communal properties
        confiscated from national and religious minorities during the
        Soviet era, is facilitating the revival of those minority
        groups, and is in the process of developing a legislative
        framework for completing this process, as was confirmed in a
        letter to the President of the United States;
            (9) Ukraine has received normal trade relations treatment
        since concluding a bilateral trade agreement with the United
        States that entered into force on June 23, 1992;
            (10) Ukraine is making progress toward accession to the
        World Trade Organization, recognizing that many issues remain
        to be resolved, including commitments relating to access of
        United States agricultural products, protection of intellectual
        property rights, tariff and excise tax reductions for goods
        (including automobiles), trade in services, agricultural
        subsidy levels, elimination of export incentives for industrial
        goods, and reform of customs procedures and technical,
        sanitary, and phytosanitary measures;
            (11) Ukraine has enacted protections reflecting
        internationally recognized labor rights, noting that gaps
        remain both in the country's legal regime and its enforcement
        record;
            (12) as a participating state of the OSCE, Ukraine has
        committed itself to respecting freedom of the press, although
        infringements of this freedom continue to occur;
            (13) Ukraine has established positive relations with
        neighboring countries, and has stated its desire to pursue a
        course of European integration with a commitment to ensuring
        democracy and prosperity for its citizens; and
            (14) Ukraine has participated with the United States in its
        peacekeeping operations in Europe and has provided important
        cooperation in the global struggle against international
        terrorism.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
              TO UKRAINE.

    (a) Presidential Determinations and Extension of Unconditional and
Permanent Nondiscriminatory Treatment.--Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
            (1) determine that such title should no longer apply to
        Ukraine; and
            (2) after making a determination under paragraph (1) with
        respect to Ukraine, proclaim the extension of unconditional and
        permanent nondiscriminatory treatment (permanent normal trade
        relations treatment) to the products of that country.
    (b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Ukraine, chapter 1 of
title IV of the Trade Act of 1974 shall cease to apply to that country.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that the United States remain fully
committed to a multifaceted engagement with Ukraine, including by--
            (1) urging Ukraine to fulfill its commitments as a
        participating member of the OSCE, and to continue its current
        policy--
                    (A) of providing for the free emigration of its
                citizens;
                    (B) of safeguarding religious liberty throughout
                Ukraine;
                    (C) of enforcing existing Ukrainian laws at the
                national and local levels to combat ethnic, religious,
                and racial discrimination and violence;
                    (D) of expanding the restitution of religious and
                communal properties, including establishing a legal
                framework for the completion of such restitution in the
                future; and
                    (E) of respecting media freedoms fully;
            (2) working with Ukraine to improve in the areas described
        in section 1(11);
            (3) supporting Ukraine's efforts to make substantial and
        meaningful progress in enacting and enforcing the protection of
        intellectual property rights;
            (4) working with Ukraine to ensure quick resolution of
        trade disputes that may arise, particularly in the poultry and
        other agricultural sectors; and
            (5) continuing monitoring by the United States of human
        rights, rule of law, and media freedoms in Ukraine, including
        the issues described in paragraphs (1) and (2), providing
        assistance to nongovernmental organizations and human rights
        groups involved in human rights, democracy, and rule of law
        activities in Ukraine, and attempting to establish annual
        discussions with Ukraine regarding those issues, including the
        participation of United States and Ukrainian nongovernmental
        organizations in such discussions.

SEC. 4. REPORTING REQUIREMENT.

    The reports required by sections 102(b) and 203 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and
6433) shall continue to include an assessment of the status of the
issues described in subparagraphs (A) through (D) of section 3(1).

SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992,
              BILATERAL TRADE AGREEMENT.

    (a) Finding.--The Congress finds that the trade agreement between
the United States and Ukraine that entered into force on June 23, 1992,
remains in force between the 2 countries and provides the United States
with important rights, including the right to use specific safeguard
rules to respond to import surges from Ukraine.
    (b) Applicability of Safeguard.--Section 421 of the Trade Act of
1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such
section applies to the People's Republic of China, so long as the trade
agreement described in subsection (a) remains in force.

SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION
              NEGOTIATIONS.

    (a) Notice of Agreement on Accession to WTO by Ukraine.--Not later
than 5 days after the date on which the United States has entered into
a bilateral agreement with Ukraine on the terms of accession by Ukraine
to the World Trade Organization, the President shall so notify the
Congress, and the President shall transmit to the Congress, not later
than 15 days after that agreement is entered into, a report that sets
forth the provisions of that agreement.
    (b) Resolution of Disapproval.--
            (1) Introduction.--If a resolution of disapproval is
        introduced in the House of Representatives or the Senate during
        the 30-day period (not counting any day which is excluded under
        section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)),
        beginning on the date on which the President first notifies the
        Congress under subsection (a) of the agreement referred to in
        that subsection, that resolution of disapproval shall be
        considered in accordance with this subsection.
            (2) Resolution of disapproval.--In this subsection, the
        term ``resolution of disapproval'' means only a joint
        resolution of the two Houses of the Congress, the matter after
        the resolving clause of which is as follows: ``That it is the
        sense of the Congress that the agreement between the United
        States and Ukraine on the terms of accession by Ukraine to the
        World Trade Organization, of which Congress was notified on __,
        does not adequately advance the interests of the United
        States.'', with the blank space being filled with the
        appropriate date.
            (3) Procedures for considering resolutions.--
                    (A) Introduction and referral.--Resolutions of
                disapproval--
                            (i) in the House of Representatives--
                                    (I) may be introduced by any Member
                                of the House;
                                    (II) shall be referred to the
                                Committee on Ways and Means and, in
                                addition, to the Committee on Rules;
                                and
                                    (III) may not be amended by either
                                Committee; and
                            (ii) in the Senate--
                                    (I) may be introduced by any Member
                                of the Senate;
                                    (II) shall be referred to the
                                Committee on Finance; and
                                    (III) may not be amended.
                    (B) Committee discharge and floor consideration.--
                The provisions of subsections (c) through (f) of
                section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c)
                through (f)) (relating to committee discharge and floor
                consideration of certain resolutions in the House and
                Senate) apply to a resolution of disapproval to the
                same extent as such subsections apply to resolutions
                under such section.
    (c) Rules of House of Representatives and Senate.--Subsection (b)
is enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of
        Representatives and the Senate, respectively, and as such are
        deemed a part of the rules of each House, respectively, and
        such procedures supersede other rules only to the extent that
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right
        of either House to change the rules (so far as relating to the
        procedures of that House) at any time, in the same manner, and
        to the same extent as any other rule of that House.

Output:
Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine.

Expresses the sense of Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by: (1) urging Ukraine to fulfill its commitments as a participating member of the Organization for Security and Cooperation in Europe (OSCE), and to continue its current policy with regard to human rights, rule of law, and media freedoms; (2) working with Ukraine to improve in the areas of its legal regime and enforcement of internationally recognized labor rights; (3) supporting Ukraine's efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; (4) working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the poultry and other agricultural sectors; and (5) continued monitoring by the United States of human rights, rule of law, and media freedoms in Ukraine, including the issues described in this Act, providing assistance to nongovernmental organizations and human rights groups involved in human rights, democracy, and rule of law activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions.

Applies to Ukraine to the same extent as to the People's Republic of China, so long as the 1992 trade agreement between the United States and Ukraine remains in force, the requirement of the Trade Act of 1974 that the President proclaim increased duties or other import restrictions with respect to any product of Ukraine being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to U.S. producers of a like or directly competitive product.

Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization; (2) a resolution of disapproval of such agreement; and (3) procedures for consideration of the resolution.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Television Violence
Protection Act of 1993''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``violence'' means any action that has as an
        element the use or threatened use of physical force against the
        person of another, or against one's self, with intent to cause
        bodily harm to such person or one's self. For purposes of this
        Act, an action may involve violence regardless of whether or
        not such action or threat of action occurs in a realistic or
        serious context or in a humorous or cartoon type context.
            (2) The term ``programming'' includes cartoons.
            (3) The term ``child'' or ``children'' means any individual
        or individuals under 18 years of age.
            (4) The term ``person'' shall have the same meaning given
        that term under section 602(14) of the Communications Act of
        1934 (47 U.S.C. 522(14)).
            (5) The term ``cable operator'' shall have the same meaning
        given that term under section 602(4) of the Communications Act
        of 1934 (47 U.S.C. 522(4)).
            (6) The term ``cable service'' shall have the same meaning
        given that term under section 602(5) of the Communications Act
        of 1934 (47 U.S.C. 522(5)).
            (7) The term ``television broadcast licensee'' means a
        ``licensee'' as defined in section 3(c) of the Communications
        Act of 1934 (47 U.S.C. 153(c)) authorized to engage in
        television broadcasting, including independent television
        broadcasting.
            (8) The term ``franchising authority'' shall have the same
        meaning given that term under section 602(10) of the
        Communications Act of 1934 (47 U.S.C. 522(10)).

SEC. 3. RULEMAKING REQUIRED.

    (a) Standards.--The Federal Communications Commission shall, within
30 days after the date of the enactment of this section, initiate a
rulemaking proceeding to prescribe standards applicable to television
broadcast licensees, and cable operators providing cable service under
a franchise granted by a franchising authority, requiring such
television broadcast licensees and cable operators, including cable
programmers, in connection with the broadcasting of any video
programming which may contain violence, or unsafe gun practices, to
require a video and audio warning at the time of such broadcast to the
effect that such programming may contain violence, or unsafe gun
practices, and may adversely affect the mental or physical health, or
both, of a child, and may, if the events portrayed in such programming
occur in real life, warrant the imposition of criminal penalties.
    (b) Contents of Standards.--Standards required by subsection (a)
shall require:
            (1) Broadcast television licensees, and cable operators,
        including cable programmers, to include, at the beginning of
        the programming, and at other appropriate times during such
        programming, a warning label, with an audio voice over, to the
        effect that the programming may contain violence, or unsafe gun
        practices, and may adversely affect the mental or physical
        health, or both, of a child, and may, if the events portrayed
        in such programming occur in real life, warrant the imposition
        of criminal penalties.
            (2) Public notice to assist interested persons in
        identifying programming which may contain violence, or unsafe
        gun practices.
    (c) Final Standards.--The Commission shall, within 150 days
following the date of the enactment of this Act, prescribe final
standards in accordance with this section.
    (d) Exception.--The provisions of subsection (a) shall not apply to
any programming broadcast, in any time zone, during the period
commencing at 11:00 P.M. and ending at 6:00 A.M.

SEC. 4. VIOLATIONS.

    (a) Violations.--If a person violates any rule or regulation issued
or promulgated pursuant to section 3, the Federal Communications
Commission may, after notice and opportunity for hearing, impose on the
person a civil fine of not more than $5,000. For purposes of this
subsection, each day of violation constitutes a separate violation.
    (b) Intentional Violations.--If a person intentionally violates any
rule or regulation issued or promulgated pursuant to section 3, the
Federal Communications Commission shall, after notice and opportunity
for hearing, impose on the person a civil fine of not less than $10,000
or more than $25,000. For purposes of this subsection, each day of
violation constitutes a separate violation.

SEC. 5. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING.

    The Federal Communications Commission may exempt, as public
interest requires, certain video programming from the requirements of
section 3, including news broadcasts, sporting events, educational
programming and documentaries.

SEC. 6. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL.

    The Federal Communications Commission shall consider, among the
elements in its review of an application for renewal of a television
broadcast license, including an independent television broadcaster,
whether the licensee has complied with the standards required to be
prescribed under section 3 of this Act.

Output:
Children's Television Violence Protection Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television broadcast licensees and cable operators, including cable programmers, to require a video and audio warning with regard to programming that may contain violence or unsafe gun practices, that may adversely affect the mental or physical health of a child, and that may, if the events portrayed in such programming occur in real life, warrant the imposition of criminal penalties.
Exempts any programming broadcast between 11:00 P.M. and 6:00 A.M.  Authorizes the FCC to exempt, as public interest requires, certain video programming, including news broadcasts, sporting events, educational programming, and documentaries.
Directs the FCC to consider, in its review of an application for renewal of a television broadcast license, whether the licensee has complied with this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family and Medical Leave Inclusion
Act''.

SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT
              CHILD, SIBLING, OR GRANDPARENT.

    (a) Definitions.--
            (1) Inclusion of grandparents, grandchildren, parents-in-
        law, siblings, and domestic partners.--Section 101 of such Act
        is further amended by adding at the end the following:
            ``(20) Domestic partner.--The term `domestic partner'
        means--
                    ``(A) the person recognized as the domestic partner
                of the employee under any domestic partner registry or
                civil union laws of the State or political subdivision
                of a State where the employee resides, or who is
                lawfully married to the employee under the laws of the
                State where the employee resides; or
                    ``(B) in the case of an unmarried employee who
                lives in a State where a person cannot marry a person
                of the same sex under the laws of the State, an
                unmarried adult person of the same sex as the employee
                who is in a committed, personal relationship with the
                employee, is not a domestic partner to any other
                person, and who is designated to the employer by such
                employee as that employee's domestic partner.
            ``(21) Grandchild.--The term `grandchild' means the son or
        daughter of an employee's son or daughter.
            ``(22) Grandparent.--The term `grandparent' means a parent
        of a parent of an employee.
            ``(23) Parent-in-law.--The term `parent-in-law' means a
        parent of the spouse or domestic partner of an employee.
            ``(24) Sibling.--The term `sibling' means any person who is
        a son or daughter of an employee's parent.
            ``(25) Son-in-law and daughter-in-law.--The terms `son-in-
        law' and `daughter-in-law', used with respect to an employee,
        means any person who is a spouse or domestic partner of a son
        or daughter of the employee.''.
            (2) Inclusion of adult children and children of a domestic
        partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is
        amended--
                    (A) by inserting ``a child of an individual's
                domestic partner,'' after ``a legal ward,''; and
                    (B) by striking ``who is--'' and all that follows
                and inserting ``and includes an adult child''.
    (b) Leave Requirement.--Section 102 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612) is amended--
            (1) in subsection (a)(1)(C), by striking ``spouse, or a
        son, daughter, or parent of the employee, if such spouse, son,
        daughter, or parent'' and inserting ``spouse or domestic
        partner, or a son, daughter, parent, parent-in-law,
        grandparent, grandchild, or sibling, of the employee if such
        spouse, domestic partner, son, daughter, parent, parent-in-law,
        grandparent, grandchild, or sibling'';
            (2) in subsection (a)(1)(E), by striking ``spouse, or a
        son, daughter, or parent'' and inserting ``spouse or domestic
        partner, or a son, daughter, parent, parent-in-law, grandchild,
        or sibling'';
            (3) in subsection (a)(3), by striking ``spouse, son,
        daughter, parent,'' and inserting ``spouse or domestic partner,
        son, daughter, son-in-law, daughter-in-law, parent, parent-in-
        law, grandparent, or sibling,'';
            (4) in subsection (e)(2)(A), by striking ``spouse,
        parent,'' and inserting ``spouse or domestic partner, parent,
        parent-in-law, grandparent, grandchild, sibling,'';
            (5) in subsection (e)(3), by striking ``spouse, or a son,
        daughter, or parent,'' and inserting ``spouse or domestic
        partner, or a son, daughter, parent, parent-in-law, grandchild,
        or sibling,''; and
            (6) in subsection (f)--
                    (A) in the matter preceding subparagraph (A), by
                inserting ``or domestic partners'' after ``husband and
                wife''; and
                    (B) in subparagraph (B), by inserting ``or parent-
                in-law'' after ``parent''.
    (c) Certification.--Section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613) is amended--
            (1) in subsection (a), by striking ``spouse, or parent''
        and inserting ``spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, or sibling'';
            (2) in subsection (b)(4)(A), by striking ``spouse, or
        parent and an estimate of the amount of time that such employee
        is needed to care for the son, daughter, spouse, or parent''
        and inserting ``spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, or sibling and an estimate of the
        amount of time that such employee is needed to care for such
        son, daughter, spouse or domestic partner, parent, parent-in-
        law, grandparent, or sibling''; and
            (3) in subsection (b)(7), by striking ``parent, or spouse''
        and inserting ``spouse or domestic partner, parent, parent-in-
        law, grandparent, or sibling''.
    (d) Employment and Benefits Protection.--Section 104(c)(3) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is
amended--
            (1) in subparagraph (A)(i), by striking ``spouse, or
        parent'' and inserting ``spouse or domestic partner, parent,
        parent-in-law, grandparent, or sibling''; and
            (2) in subparagraph (C)(ii), by striking ``spouse, or
        parent'' and inserting ``spouse or domestic partner, parent,
        parent-in-law, grandparent, or sibling''.

SEC. 3. FEDERAL EMPLOYEES.

    (a) Definitions.--
            (1) Inclusion of grandparents, parents-in-law, siblings,
        and domestic partners.--Section 6381 of title 5, United States
        Code, is amended--
                    (A) in paragraph (11) by striking ``; and'' and
                inserting a semicolon;
                    (B) in paragraph (12), by striking the period and
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(13) the term `domestic partner' means--
                    ``(A) the person recognized as the domestic partner
                of the employee under any domestic partner registry or
                civil union laws of the State or political subdivision
                of a State where the employee resides, or who is
                lawfully married to the employee under the laws of the
                State where the employee resides; or
                    ``(B) in the case of an unmarried employee who
                lives in a State where a person cannot marry a person
                of the same sex under the laws of the State, an
                unmarried adult person of the same sex as the employee
                who is in a committed, personal relationship with the
                employee, is not a domestic partner to any other
                person, and who is designated to the employing agency
                by such employee as that employee's domestic partner;
            ``(14) the term `parent-in-law' means a parent of the
        spouse or domestic partner of an employee;
            ``(15) the term `grandchild' means the son or daughter of
        an employee's son or daughter;
            ``(16) the term `grandparent' means a parent of a parent of
        an employee;
            ``(17) the term `sibling' means any person who is a son or
        daughter of an employee's parent; and
            ``(18) the terms `son-in-law and daughter-in-law', used
        with respect to an employee, means any person who is a spouse
        or domestic partner of a son or daughter of the employee.''.
            (2) Inclusion of adult children and children of a domestic
        partner.--Section 6381(6) of such title is amended--
                    (A) by inserting ``a child of an individual's
                domestic partner,'' after ``a legal ward,''; and
                    (B) by striking ``who is--'' and all that follows
                and inserting ``and includes an adult child''.
    (b) Leave Requirement.--Section 6382 of title 5, United States
Code, is amended--
            (1) in subsection (a)(1)(C), by striking ``spouse, or a
        son, daughter, or parent of the employee, if such spouse, son,
        daughter, or parent'' and inserting ``spouse or domestic
        partner, or a son, daughter, parent, parent-in-law,
        grandparent, grandchild, or sibling, of the employee if such
        spouse, domestic partner, son, daughter, parent, parent-in-law,
        grandparent, grandchild, or sibling'';
            (2) in subsection (a)(1)(E), by striking ``spouse, or a
        son, daughter, or parent'' and inserting ``spouse or domestic
        partner, or a son, daughter, parent, parent-in-law, grandchild,
        or sibling'';
            (3) in subsection (a)(3), by striking ``spouse, son,
        daughter, parent,'' and inserting ``spouse or domestic partner,
        son, daughter, son-in-law, daughter-in-law, parent, parent-in-
        law, grandparent, sibling,'';
            (4) in subsection (e)(2)(A), by striking ``spouse,
        parent,'' and inserting ``spouse or domestic partner, parent,
        parent-in-law, grandparent, grandchild, sibling,''; and
            (5) in subsection (e)(3), by striking ``spouse, or a son,
        daughter, or parent,'' and inserting ``spouse or domestic
        partner, or a son, daughter, parent, parent-in-law, grandchild,
        or sibling,''.
    (c) Certification.--Section 6383 of title 5, United States Code, is
amended--
            (1) in subsection (a), by striking ``spouse, or parent''
        and inserting ``spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, or sibling''; and
            (2) in subsection (b)(4)(A), by striking ``spouse, or
        parent, and an estimate of the amount of time that such
        employee is needed to care for such son, daughter, spouse, or
        parent'' and inserting ``spouse or domestic partner, parent,
        parent-in-law, grandparent, grandchild, or sibling and an
        estimate of the amount of time that such employee is needed to
        care for such son, daughter, spouse or domestic partner,
        parent, parent-in-law, grandparent, grandchild, or sibling''.

Output:
Family and Medical Leave Inclusion Act - Amends the Family and Medical Leave Act of 1993 to provide for employee leave to care for a domestic partner or his or her child, parent-in-law, adult child, sibling, grandparent, grandchild, son-in-law, or daughter-in-law (as well as for a spouse, child, or parent), if such person has a serious health condition.

Amends federal civil service law to apply the same leave allowance to federal employees.