Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Market Promotion
Program Amendments Act of 1993''.

SEC. 2. MODIFICATIONS TO MARKET PROMOTION PROGRAM.

    (a) Small-Sized Commercial Entities and Medium-Sized Commercial
Entities That Are Beginning Exporters.--Section 203(c) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is amended--
            (1) in paragraph (2), by striking ``in the case of an
        unfair trade practice'' and inserting ``in the case of--
                    ``(A) an unfair trade practice; or
                    ``(B) a small-sized commercial entity, or a medium-
                sized commercial entity, that is a beginning exporter,
                as determined by the Secretary.''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Goal for small-sized commercial entities and medium-
        sized commercial entities that are beginning exporters.--In
        carrying out the program established under this section, the
        Secretary shall use, to the maximum extent practicable, at
        least 30 percent of the total funds available or 30 percent of
        the value of any commodities employed, as determined by the
        Secretary, for each of fiscal years 1994 and 1995 for program
        activities involving small-sized commercial entities, and
        medium-sized commercial entities, that are beginning
        exporters.''.
    (b) Branded Promotion.--Section 203(e)(4) of such Act is amended by
adding at the end the following new sentence: ``Assistance provided
under this paragraph may be used only for market promotion activities
that are in addition to activities for which a commercial entity
expends an amount during a year in a foreign country, in United States
dollars adjusted to reflect the latest Consumer Price Index for all-
urban consumers published by the Department of Labor, that is equal to
the dollar amount expended by the commercial entity (other than amounts
provided under this section) on all market promotion activities during
the preceding year in the foreign country.''.
    (c) Other Terms and Conditions.--Section 203(f) of such Act is
amended by adding at the end the following new paragraphs:
            ``(4) Independent audits.--In addition to an audit that is
        required by section 403, the Secretary shall require that, as a
        condition of eligibility for assistance under this section, a
        commercial entity that receives more than $50,000 a year in
        assistance under this section shall provide for an independent
        audit of program activities under this section during the year
        to determine whether the entity has complied with the
        requirements of this section.
            ``(5) Prohibition on assistance for tobacco.--No assistance
        under this section may be used for the development,
        maintenance, or expansion of a commercial export market for
        tobacco.
            ``(6) Definitions.--As used in this section:
                    ``(A) Commercial entity.--The term `commercial
                entity' means a cooperative or private organization
                that exports or promotes an agricultural commodity,
                including an entity that controls, is controlled by, or
                is under common control with such a cooperative or
                private organization.
                    ``(B) Medium-sized commercial entity.--The term
                `medium-sized commercial entity' means a commercial
                entity that employs not less than 51, nor more than
                500, individuals.
                    ``(C) Small-sized commercial entity.--The term
                `small-sized commercial entity' means a commercial
                entity that employs not more than 50 individuals.''.
    (d) Graduation.--Paragraph (2) of section 203(g) of such Act is
amended to read as follows:
            ``(2) Limitations.--
                    ``(A) Branded promotion.--
                            ``(i) In general.--Assistance provided
                        under this section to a commercial entity for
                        activities described in subsection (e)(4) that
                        are conducted in a foreign country--
                                    ``(I) during each year of the first
                                3-year period the commercial entity
                                receives assistance for the activities,
                                shall not exceed 50 percent of the cost
                                of implementing the marketing plan in
                                the country;
                                    ``(II) during the 4th year of the
                                period the commercial entity receives
                                assistance for the activities, shall
                                not exceed 33 percent of the cost of
                                implementing the marketing plan in the
                                country; and
                                    ``(III) during the 5th year of
                                period the commercial entity receives
                                assistance for the activities, shall
                                not exceed 17 percent of the cost of
                                implementing the marketing plan in the
                                country.
                            ``(ii) Maximum period.--Assistance provided
                        under this section to a commercial entity for
                        activities described in subsection (e)(4) that
                        are conducted in a foreign country shall not be
                        provided for more than 5 years.
                    ``(B) Generic promotion.--
                            ``(i) In general.--To be eligible for
                        assistance under this section (other than for
                        activities described in subsection (e)(4) or
                        clause (iii)), an eligible trade organization
                        shall contribute a larger share of the cost of
                        a marketing plan for a foreign country in each
                        year the organization conducts activities in
                        the country, as determined by the Secretary.
                            ``(ii) Maximum period.--The nonfederal
                        share shall be progressively increased in such
                        a manner that an eligible trade organization
                        shall not receive assistance under this section
                        in the country for more than 5 years.
                            ``(iii) Regional state-related trade
                        organizations.--Assistance may be provided
                        under this section for a period not to exceed 5
                        years for each agricultural commodity for which
                        an eligible regional State-related organization
                        has an approved marketing place for an
                        activity, other than for an activity described
                        in subsection (e)(4).
                    ``(C) Waiver.--The Secretary may waive the
                limitations described in subparagraphs (A) and (B) in
                the case of an agricultural commodity with respect to
                which there has been a favorable decision by the United
                States Trade Representative under section 301 of the
                Trade Act of 1974 (19 U.S.C. 2411). To grant waivers,
                the Secretary shall establish criteria that are
                consistent and documented.''.

SEC. 3. COOPERATOR FOREIGN MARKET DEVELOPMENT PROGRAM.

    Section 1126(b) of the Food Security Act of 1985 (7 U.S.C.
1736u(b)) is amended by striking ``shall be'' and inserting ``shall not
be''.

SEC. 4. EFFECTIVE DATE; REGULATIONS.

    (a) Effective Date.--This Act and the amendments made by this Act
shall become effective on the date of enactment of this Act.
    (b) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out this Act and the amendments made by this Act.

Output: Agricultural Market Promotion Program Amendments Act of 1993 - Amends the Agricultural Trade Act of 1978 with regard to the agricultural market promotion program to:  (1) give priority to, and obligate specified funds for, small and medium beginning exporters; (2) permit assistance for branded promotion only to supplement an entity's own promotional activities; (3) prohibit assistance for tobacco promotion; and (4) incrementally reduce and eliminate over a five-year period assistance for branded and generic promotion in a foreign country.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gasoline Price Reduction and
Refinery Tax Fairness Act of 2004''.

SEC. 2. POLICY.

    It is the policy of the United States to take all actions necessary
in the areas of conservation, efficiency, alternative sources,
technology development, and domestic production to reduce the United
States dependence on foreign energy sources by January 1, 2014, to 45
percent of the Nation's total energy needs.

SEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
            ``(24) Oil and gas exploration and production.--The term
        `oil and gas exploration, production, processing, or treatment
        operations or transmission facilities' means all field
        activities or operations associated with exploration,
        production, processing, or treatment operations, or
        transmission facilities, including activities necessary to
        prepare a site for drilling and for the movement and placement
        of drilling equipment, whether or not such field activities or
        operations may be considered to be construction activities.''.

SEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION.

    (a) Establishment.--The President shall establish the Office of
Federal Energy Project Coordination (referred to in this section as the
``Office'') within the Executive Office of the President in the same
manner and with the same mission as the White House Energy Projects
Task Force established by Executive Order No. 13212 (42 U.S.C. 13201
note).
    (b) Staffing.--The Office shall be staffed by functional experts
from relevant Federal agencies on a nonreimbursable basis to carry out
the mission of the Office.
    (c) Report.--The Office shall transmit an annual report to Congress
that describes the activities put in place to coordinate and expedite
Federal decisions on energy projects. The report shall list
accomplishments in improving the Federal decisionmaking process and
shall include any additional recommendations or systemic changes needed
to establish a more effective and efficient Federal permitting process.

SEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES.

    (a) Review of Onshore Oil and Gas Leasing Practices.--
            (1) In general.--The Secretary of the Interior, in
        consultation with the Secretary of Agriculture with respect to
        National Forest System lands under the jurisdiction of the
        Department of Agriculture, shall perform an internal review of
        current Federal onshore oil and gas leasing and permitting
practices.
            (2) Inclusions.--The review shall include the process for--
                    (A) accepting or rejecting offers to lease;
                    (B) administrative appeals of decisions or orders
                of officers or employees of the Bureau of Land
                Management with respect to a Federal oil or gas lease;
                    (C) considering surface use plans of operation,
                including the timeframes in which the plans are
                considered, and any recommendations for improving and
                expediting the process; and
                    (D) identifying stipulations to address site-
                specific concerns and conditions, including those
                stipulations relating to the environment and resource
                use conflicts.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior and the Secretary of
Agriculture shall transmit a report to Congress that describes--
            (1) actions taken under section 3 of Executive Order No.
        13212 (42 U.S.C. 13201 note); and
            (2) actions taken or any plans to improve the Federal
        onshore oil and gas leasing program.

SEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS.

    (a) Timely Action on Leases and Permits.--To ensure timely action
on oil and gas leases and applications for permits to drill on land
otherwise available for leasing, the Secretary of the Interior (in this
section referred to as the ``Secretary'') shall--
            (1) ensure expeditious compliance with section 102(2)(C) of
        the National Environmental Policy Act of 1969 (42 U.S.C.
        4332(2)(C));
            (2) improve consultation and coordination with the States
        and the public; and
            (3) improve the collection, storage, and retrieval of
        information relating to the leasing activities.
    (b) Best Management Practices.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act, the Secretary shall develop and
        implement best management practices to--
                    (A) improve the administration of the onshore oil
                and gas leasing program under the Mineral Leasing Act
                (30 U.S.C. 181 et seq.); and
                    (B) ensure timely action on oil and gas leases and
                applications for permits to drill on lands otherwise
                available for leasing.
            (2) Considerations.--In developing the best management
        practices under paragraph (1), the Secretary shall consider any
        recommendations from the review under section 5.
            (3) Regulations.--Not later than 180 days after the
        development of best management practices under paragraph (1),
        the Secretary shall publish, for public comment, proposed
        regulations that set forth specific timeframes for processing
        leases and applications in accordance with the practices,
        including deadlines for--
                    (A) approving or disapproving resource management
                plans and related documents, lease applications, and
                surface use plans; and
                    (B) related administrative appeals.
    (c) Improved Enforcement.--The Secretary shall improve inspection
and enforcement of oil and gas activities, including enforcement of
terms and conditions in permits to drill.
    (d) Authorization of Appropriations.--In addition to amounts
authorized to be appropriated to carry out section 17 of the Mineral
Leasing Act (30 U.S.C. 226), there are authorized to be appropriated to
the Secretary for each of fiscal years 2005 through 2008--
            (1) $40,000,000 to carry out subsections (a) and (b); and
            (2) $20,000,000 to carry out subsection (c).

SEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall enter into a memorandum of understanding regarding
oil and gas leasing on--
            (1) public lands under the jurisdiction of the Secretary of
        the Interior; and
            (2) National Forest System lands under the jurisdiction of
        the Secretary of Agriculture.
    (b) Contents.--The memorandum of understanding shall include
provisions that--
            (1) establish administrative procedures and lines of
        authority that ensure timely processing of oil and gas lease
        applications, surface use plans of operation, and applications
        for permits to drill, including steps for processing surface
        use plans and applications for permits to drill consistent with
        the timelines established by the amendment made by section 10;
            (2) eliminate duplication of effort by providing for
        coordination of planning and environmental compliance efforts;
        and
            (3) ensure that lease stipulations are--
                    (A) applied consistently;
                    (B) coordinated between agencies; and
                    (C) only as restrictive as necessary to protect the
                resource for which the stipulations are applied.
    (c) Data Retrieval System.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of the Interior and the
        Secretary of Agriculture shall establish a joint data retrieval
        system that is capable of--
                    (A) tracking applications and formal requests made
                in accordance with procedures of the Federal onshore
                oil and gas leasing program; and
                    (B) providing information regarding the status of
                the applications and requests within the Department of
                the Interior and the Department of Agriculture.
            (2) Resource mapping.--Not later than 2 years after the
        date of enactment of this Act, the Secretary of the Interior
        and the Secretary of Agriculture shall establish a joint
        Geographic Information System mapping system for use in--
                    (A) tracking surface resource values to aid in
                resource management; and
                    (B) processing surface use plans of operation and
                applications for permits to drill.

SEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL
              LAND.

    (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C.
6217) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``reserve''; and
                            (ii) by striking ``and'' after the
                        semicolon; and
                    (B) by striking paragraph (2) and inserting the
                following:
            ``(2) the extent and nature of any restrictions or
        impediments to the development of the resources, including--
                    ``(A) impediments to the timely granting of leases;
                    ``(B) post-lease restrictions, impediments, or
                delays on development for conditions of approval,
                applications for permits to drill, or processing of
                environmental permits; and
                    ``(C) permits or restrictions associated with
                transporting the resources for entry into commerce; and
            ``(3) the quantity of resources not produced or introduced
        into commerce because of the restrictions.'';
            (2) in subsection (b)--
                    (A) by striking ``reserve'' and inserting
                ``resource''; and
                    (B) by striking ``publically'' and inserting
                ``publicly''; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Assessments.--Using the inventory, the Secretary of Energy
shall make periodic assessments of economically recoverable resources
accounting for a range of parameters such as current costs, commodity
prices, technology, and regulations.''.
    (b) Methodology.--The Secretary of the Interior shall use the same
assessment methodology across all geological provinces, areas, and
regions in preparing and issuing national geological assessments to
ensure accurate comparisons of geological resources.

SEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING
              REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY,
              DISTRIBUTION, OR USE.

    (a) Requirement.--The head of each Federal agency shall require
that before the Federal agency takes any action that could have a
significant adverse effect on the supply of domestic energy resources
from Federal public land, the Federal agency taking the action shall
comply with Executive Order No. 13211 (42 U.S.C. 13201 note).
    (b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Energy shall publish guidance for
purposes of this section describing what constitutes a significant
adverse effect on the supply of domestic energy resources under
Executive Order No. 13211 (42 U.S.C. 13201 note).
    (c) Memorandum of Understanding.--The Secretary of the Interior and
the Secretary of Agriculture shall include in the memorandum of
understanding under section 7 provisions for implementing subsection
(a) of this section.

SEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
    ``(p) Deadlines for Consideration of Applications for Permits.--
            ``(1) In general.--Not later than 10 days after the date on
        which the Secretary receives an application for any permit to
        drill, the Secretary shall--
                    ``(A) notify the applicant that the application is
                complete; or
                    ``(B) notify the applicant that information is
                missing and specify any information that is required to
                be submitted for the application to be complete.
            ``(2) Issuance or deferral.--Not later than 30 days after
        the applicant for a permit has submitted a complete
        application, the Secretary shall--
                    ``(A) issue the permit; or
                    ``(B)(i) defer decision on the permit; and
                    ``(ii) provide to the applicant a notice that
                specifies any steps that the applicant could take for
                the permit to be issued.
            ``(3) Requirements for deferred applications.--
                    ``(A) In general.--If the Secretary provides notice
                under paragraph (2)(B)(ii), the applicant shall have a
                period of 2 years from the date of receipt of the
                notice in which to complete all requirements specified
                by the Secretary, including providing information
                needed for compliance with the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(B) Issuance of decision on permit.--If the
                applicant completes the requirements within the period
                specified in subparagraph (A), the Secretary shall
                issue a decision on the permit not later than 10 days
                after the date of completion of the requirements
                described in subparagraph (A).
                    ``(C) Denial of permit.--If the applicant does not
                complete the requirements within the period specified
                in subparagraph (A), the Secretary shall deny the
                permit.
    ``(q) Report.--On a quarterly basis, each field office of the
Bureau of Land Management and the Forest Service shall transmit to the
Secretary of the Interior or the Secretary of Agriculture,
respectively, a report that--
            ``(1) specifies the number of applications for permits to
        drill received by the field office in the period covered by the
        report; and
            ``(2) describes how each of the applications was disposed
        of by the field office.''.

SEC. 11. ENVIRONMENTAL REGULATIONS.

    In issuing any rule or order relating to gasoline production and
distribution, a Federal agency shall include a detailed analysis of the
effects the rule or order would have on gasoline supply. Each Federal
agency shall seek to ensure that no such rule or order is issued that
will increase United States dependence on foreign sources of oil.

SEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY.

    (a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (v), by striking
the period at the end of clause (vi) and inserting ``, and'', and by
adding at the end the following new clause:
                            ``(vii) any refinery machinery.''.
    (b) Alternative System.--The table contained in section
168(g)(3)(B) of such Code is amended by inserting after the item
relating to subparagraph (B)(iii) the following new item:

``(B)(vii)..................................................      10''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004.

SEC. 13. REFINERY PERMITTING PROCESS.

    Each Federal agency with authority to approve or disapprove actions
affecting the siting or operation of United States refineries shall,
within 180 days after receiving an application for such approval,
either provide the approval or notify the applicant of the reasons for
rejection along with an explanation of what steps would be necessary to
obtain approval.

Output:
Gasoline Price Reduction and Refinery Tax Fairness Act of 2004 - Amends the Federal Water Pollution Control Act to define "oil and gas exploration, production, processing, or treatment operations or transmission facilities" as all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.

Directs the President to establish the Office of Federal Energy Project Coordination (Office) within the Executive Office of the President.

Instructs the Secretary of the Interior to: (1) perform an internal review of Federal onshore oil and gas leasing and permitting practices; and (2) implement certain best management practices to ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing.

Directs the Secretaries of the Interior and of Agriculture to: (1) enter into a prescribed Memorandum of Understanding regarding oil and gas leasing on public lands; and (2) establish a joint data retrieval system and a joint Geographic Information System mapping system.

Amends the Energy Act of 2000 to require the Secretary of the Interior's inventory of all Federal onshore lands to identify restrictions or impediments to oil and gas resource development of such lands.

Directs each Federal agency head to require the agency, before it takes action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, to act in compliance with a certain Executive Order that identifies actions to expedite energy-related projects.

Amends the Mineral Leasing Act to set a deadline for expeditious consideration of applications for permits for oil and gas leases.

Requires a Federal agency, in issuing any rule or order relating to gasoline production and distribution, to include a detailed analysis of the effects the rule or order would have on gasoline supply and seek to ensure that no rule or order is issued that will increase U.S. dependence on foreign sources of oil.

Amends the Internal Revenue Code to provide for accelerated depreciation for refinery machinery.

Requires each Federal agency with the authority to do so to approve or disapprove (with specified explanations) within 180 days of its receipt any application for approval of an action affecting the siting or operation of U.S. refineries.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deter Revolving-door Appointments In
our Nation; Stop Washington Appointees from becoming Manipulative
Petitioners Act'' or the ``DRAIN the SWAMP Act''.

SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF FORMER POLITICAL
              APPOINTEES.

    (a) 5-Year Post-Employment Ban on Serving as Registered Lobbyist.--
            (1) In general.--Section 207 of title 18, United States
        Code, is amended by striking subsections (c) and (d) and
        inserting the following:
    ``(c) Restrictions on Senior Personnel of the Executive Branch and
Independent Agencies.--
            ``(1) Restrictions.--In addition to the restrictions set
        forth in subsections (a) and (b), any person who is a political
        appointee of the executive branch of the United States
        (including an independent agency), and who, within 5 years
        after the termination of his or her service or employment as
        such a political appointee, knowingly makes, with the intent to
        influence, any communication to or appearance before any
        officer or employee of the department or agency in which such
        person served, on behalf of any other person (except the United
        States), in connection with any matter on which such person
        seeks official action by any officer or employee of such
        department or agency, shall be punished as provided in section
        216 of this title.
            ``(2) Political appointee.--The term `political appointee'
        means an individual who is--
                    ``(A) employed in a position described under
                sections 5312 through 5316 of title 5, United States
                Code (relating to the Executive Schedule);
                    ``(B) a limited term appointee, limited emergency
                appointee, or noncareer appointee in the Senior
                Executive Service, as defined under paragraphs (5),
                (6), and (7), respectively, of section 3132(a) of title
                5, United States Code; or
                    ``(C) employed in a position of a confidential or
                policy-determining character under schedule C of
                subpart C of part 213 of title 5 of the Code of Federal
                Regulations.
            ``(3) Waiver.--At the request of a department or agency,
        the Director of the Office of Government Ethics may waive the
        restrictions contained in paragraph (1) with respect to any
        position, or category of positions, referred to in paragraph
        (2) in such department or agency if the Director determines
        that--
                    ``(A) the imposition of the restrictions with
                respect to such position or positions would create an
                undue hardship on the department or agency in obtaining
                qualified personnel to fill such position or positions;
                and
                    ``(B) granting the waiver would not create the
                potential for use of undue influence or unfair
                advantage.''.
            (2) Conforming amendments.--Section 207 of such title is
        amended--
                    (A) in subsection (f)(1), by striking ``subsection
                (c), (d), or (e)'' and inserting ``subsection (c) or
                (e)'';
                    (B) in subsection (h)(2), by striking ``subsection
                (c)(2)(A)(i) or (iii)'' and inserting ``subsection
                (c)(2)(A) or (C)''; and
                    (C) in subsection (i)(1)(A), by striking
                ``subsections (a), (c), and (d)'' and inserting
                ``subsections (a) and (c)''.
    (b) Lifetime Ban on Serving as Agent of Foreign Government.--
            (1) Registration as agent.--The Foreign Agents Registration
        Act of 1938 (22 U.S.C. 611 et seq.) is amended by adding at the
        end the following new section:

``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL APPOINTEES.

    ``(a) Prohibition.--No individual may register under this Act or
otherwise serve as the agent of a foreign principal if the individual
at any time served as a political appointee (as defined in subsection
(b)).
    ``(b) Political Appointee.--The term `political appointee' means an
individual who is--
            ``(1) employed in a position described under sections 5312
        through 5316 of title 5, United States Code (relating to the
        Executive Schedule);
            ``(2) a limited term appointee, limited emergency
        appointee, or noncareer appointee in the Senior Executive
        Service, as defined under paragraphs (5), (6), and (7),
        respectively, of section 3132(a) of title 5, United States
        Code; or
            ``(3) employed in a position of a confidential or policy-
        determining character under schedule C of subpart C of part 213
        of title 5 of the Code of Federal Regulations.''.
            (2) Other representation as foreign entity.--Section
        207(f)(1)(A) of title 18, United States Code, is amended by
        inserting after ``within 1 year'' the following: ``(or, in the
        case of a person who is subject to the restrictions contained
        in subsection (c), at any time)''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply with respect to any individual whose service as a
        political appointee terminates on or after the date of the
        enactment of this Act.
            (2) Definition.--In paragraph (1), the term ``political
        appointee'' has the meaning given such term in section
        207(c)(2) of title 18, United States Code (as amended by
        subsection (a)(1)), and section 12(b) of the Foreign Agents
        Registration Act of 1938 (as added by subsection (b)(1)).

Output: Deter Revolving-door Appointments in our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act or the DRAIN the SWAMP Act This bill amends the federal criminal code to revise post-employment lobbying restrictions on senior executive branch officials and employees. Specifically, it imposes a five-year ban on communications by a former political appointee with the intent to influence officers or employees at their former executive branch agency or department.  The term political appointee includes certain senior political officials compensated on the Executive Schedule; limited term, limited emergency, and noncareer appointees in the Senior Executive Service; and employees in confidential or policy-determining positions in the excepted service. Additionally, the bill amends the Foreign Agents Registration Act of 1938 to impose a lifetime ban on lobbying by a former political appointee on behalf of a foreign government or foreign political party.


Input:
SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Consumers have the right to know that event data
        recorders are installed in their vehicles, that they are
        capable of collecting data recorded in automobile accidents,
        and how such data may be used.
            (2) From the standpoint of consumer privacy rights, most
        consumers are not aware that their vehicles are recording data
        that not only may be used to aid traffic safety analyses, but
        has the potential of being used against them in a civil or
        criminal proceeding, or by their insurer to increase rates.
            (3) There exists no Federal law clarifying the rights of a
        vehicle owner to ownership of the recorded data and, in the
        absence of Federal direction, States have begun to create
        different standards of ownership and rights for recorded data.

SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES.

    (a) Required Disclosure.--In accordance with regulations prescribed
by the Federal Trade Commission under section 5(c), a dealer shall
disclose, to each consumer who purchases a new automobile, in a clear
and conspicuous written format at the time of purchase, the following
information regarding any event data recorder installed on such new
automobile--
            (1) the presence and location of an event data recorder;
            (2) the type of information recorded by the event data
        recorder and how such information is recorded; and
            (3) that the information recorded by the event data
        recorder also may be used in a law enforcement proceeding.
    (b) Required Disclosures in Owner's Manual.--The manufacturer shall
include, in clear and conspicuous language in the owner's manual of any
new automobile containing an event data recorder, the disclosures
required by subsection (a).

SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA.

    Any event data recorder in the vehicle and any data recorded on any
event data recorder in the vehicle shall be considered the property of
the owner of the vehicle. Data that is recorded on any event data
recorder may not be downloaded or otherwise retrieved by a person other
than the owner of the motor vehicle, except under one of the following
circumstances:
            (1) The owner of the motor vehicle or the owner's agent or
        legal representative consents to the retrieval of the
        information.
            (2) In response to an order of a court having jurisdiction
        to issue the order.
            (3) The data is retrieved by a motor vehicle dealer, or by
        an automotive technician for the purpose of diagnosing,
        servicing, or repairing the motor vehicle.
            (4) For the purpose of improving motor vehicle safety,
        including medical research on the human body's reaction to
        motor vehicle accidents, provided that the identity of the
        registered owner or driver is not disclosed in connection with
        that retrieved data.

SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES.

    No person may manufacture for sale, sell, offer for sale, introduce
or deliver into interstate commerce, or import into the United States,
an automobile manufactured after 2008 (and bearing a model year of 2009
or later) that is equipped with an event data recorder, unless such
event data recorder includes a function whereby the consumer has the
option to enable or disable the recording function of the event data
recorder. Once disabled, the recording function shall not resume
functioning until the consumer elects to enable such functioning.

SEC. 5. ENFORCEMENT.

    (a) Treatment of Violations as Unfair or Deceptive Acts or
Practices.--A violation of section 2, 3 or 4 shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Federal Trade Commission Authority.--The Federal Trade
Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
    (c) Rulemaking.--Within 180 days following the enactment of this
Act, the Federal Trade Commission shall prescribe regulations to carry
out this Act, including guidelines setting forth a uniform method by
which a dealer may provide the disclosures and options required by
section 2.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) The term ``consumer'' has the meaning given the term
        ``ultimate purchaser'' in section 2 of the Automobile
        Information Disclosure Act (15 U.S.C. 1231).
            (2) The term ``dealer'' has the meaning given that term in
        section 30102(a) of title 49, United States Code.
            (3) The term ``event data recorder'' means any device or
        means of technology installed in an automobile that records
        information such as vehicle speed, seatbelt use, application of
        brakes or other information pertinent to the operation of the
        automobile.
            (4) The terms ``manufacturer'' and ``new automobile'' have
        the meanings given those terms in section 2 of the Automobile
        Information Disclosure Act (15 U.S.C. 1231).

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of enactment of
this Act.

Output:
Requires automobile dealers to disclose to each consumer at the time of purchase of a new automobile, and to include in the automobile's owner's manual, information on: (1) the presence and location of an event data recorder (EDR) in such automobile; and (2) the type of information recorded by the EDR, how such information is recorded, and the possible use of such information in law enforcement proceedings.

 Requires the EDR and any data recorded to be considered the property of the vehicle owner. Prohibits the retrieval of EDR data by anyone other than the vehicle owner, except : (1) with the owner's consent; (2) in response to a court order; (3) by a vehicle dealer or an automotive technician for servicing the vehicle; or (4) for improving vehicle safety, provided the identity of the registered owner or driver is not disclosed.

Prohibits persons from manufacturing automobiles for sale in the United States after 2008 (bearing a model year of 2009 or later) that are equipped with EDRs, unless those EDRs can be disabled by the consumer.

Treats a violation of EDR requirements of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stabilize Medicaid and CHIP Coverage
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Every year millions of people are enrolled in Medicaid
        and the Children's Health Insurance Program (in this section
        referred to as ``CHIP''), but subsequently lose their coverage,
        despite still being eligible, because of inefficient and
        cumbersome paperwork and logistical requirements.
            (2) Data show that the typical enrollee receives Medicaid
        coverage for about three-quarters of a year. Coverage periods
        are lower for non-elderly, non-disabled adults than for those
        with disabilities, seniors, and children.
            (3) Medicaid enrollees with coverage disruptions are more
        likely to be hospitalized for illnesses like asthma, diabetes,
        or cardiovascular disease that can be effectively managed
        through ongoing primary medical care and medication, are less
        likely to be screened for breast cancer, and may have poorer
        cancer outcomes.
            (4) Children enrolled in CHIP also experience disruptions
        in health coverage and care. For example, during just a one-
        year period, over one-third of CHIP enrollees were also
        enrolled in a State's Medicaid program. Transitions between
        Medicaid and CHIP can cause disruptions in care because the
        health care coverage and participating providers vary between
        the two programs.
            (5) Interruptions in coverage can impair the receipt of
        effective primary care and lead to expensive hospitalizations
        or emergency room visits. Unnecessary enrollment,
        disenrollment, and reenrollment in Medicaid and CHIP result in
        higher administrative expenses for re-enrollment and result in
        more people uninsured at any given time.
            (6) Stable coverage under Medicaid and CHIP lowers average
        monthly medical costs.
            (7) Continuous enrollment also permits better prevention
        and disease management, leading to fewer serious illnesses and
        hospitalizations.
            (8) Children with stable coverage are less likely to have
        unmet medical needs, allowing children to receive the
        preventive care that is necessary to help them grow into
        healthy adults.

SEC. 3. 12-MONTH CONTINUOUS ENROLLMENT.

    (a) Requirement of 12-Month Continuous Enrollment Under Medicaid.--
Section 1902(e)(12) of the Social Security Act (42 U.S.C. 1396a(e)(12))
is amended to read as follows:
            ``(12) 12-month continuous enrollment.--Notwithstanding any
        other provision of this title, a State plan approved under this
        title (or under any waiver of such plan approved pursuant to
        section 1115 or section 1915), shall provide that an individual
        who is determined to be eligible for benefits under such plan
        (or waiver) shall remain eligible and enrolled for such
        benefits through the end of the month in which the 12-month
        period (beginning on the date of determination of eligibility)
        ends.''.
    (b) Requirement of 12-Month Continuous Enrollment Under CHIP.--
            (1) In general.--Section 2102(b) of the Social Security Act
        (42 U.S.C. 1397bb(b)) is amended by adding at the end the
        following new paragraph:
            ``(6) Requirement for 12-month continuous enrollment.--
        Notwithstanding any other provision of this title, a State
        child health plan that provides child health assistance under
        this title through a means other than described in section
        2101(a)(2), shall provide that an individual who is determined
        to be eligible for benefits under such plan shall remain
        eligible and enrolled for such benefits through the end of the
        month in which the 12-month period (beginning on the date of
        determination of eligibility) ends.''.
            (2) Conforming amendment.--Section 2105(a)(4)(A) of the
        Social Security Act (42 U.S.C. 1397ee(a)(4)(A)) is amended--
                    (A) by striking ``has elected the option of'' and
                inserting ``is in compliance with the requirement
                for''; and
                    (B) by striking ``applying such policy under its
                State child health plan under this title'' and
                inserting ``in compliance with section 2102(b)''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) or
        (3), the amendments made by subsections (a) and (b) shall apply
        to determinations (and redeterminations) of eligibility made on
        or after the date that is 18 months after the date of the
        enactment of this Act.
            (2) Extension of effective date for state law amendment.--
        In the case of a State plan under title XIX or State child
        health plan under title XXI of the Social Security Act (42
        U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) which the
        Secretary of Health and Human Services determines requires
        State legislation (other than legislation appropriating funds)
        in order for the respective plan to meet the additional
        requirement imposed by the amendment made by subsection (a) or
        (b), respectively, the respective plan shall not be regarded as
        failing to comply with the requirements of such title solely on
        the basis of its failure to meet such applicable additional
        requirement before the first day of the first calendar quarter
        beginning after the close of the first regular session of the
        State legislature that begins after the date of enactment of
        this Act. For purposes of the previous sentence, in the case of
        a State that has a 2-year legislative session, each year of the
        session is considered to be a separate regular session of the
        State legislature.
            (3) Option to implement 12-month continuous eligibility
        prior to effective date.--A State may elect through a State
        plan amendment under title XIX or XXI of the Social Security
        Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) to apply
        the amendment made by subsection (a) or (b), respectively, on
        any date prior to the 18-month date specified in paragraph (1),
        but not sooner than the date of the enactment of this Act.

Output: Stabilize Medicaid and CHIP Coverage Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan to provide 12-month continuous enrollment for an eligible individual, regardless of age.  Amends SSA title XXI (State Children's Health Insurance) (CHIP) to require a state CHIP plan also to provide 12-month continuous enrollment for an eligible individual.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iran Sanctions Enabling Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) There is an increasing interest by States, local
        governments, educational institutions, and private institutions
        to seek to disassociate themselves from companies that directly
        or indirectly support the Government of Iran's efforts to
        achieve a nuclear weapons capability.
            (2) Policy makers and fund managers may find moral,
        prudential, or reputational reasons to divest from companies
        that accept the business risk of operating in countries that
        are subject to international economic sanctions or that have
        business relationships with countries, governments, or entities
        with which any United States company would be prohibited from
        dealing because of economic sanctions imposed by the United
        States.

SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN
              COMPANIES INVESTED IN IRAN'S ENERGY SECTOR.

    (a) Statement of Policy.--It is the policy of the United States to
support the decision of State governments, local governments, and
educational institutions to divest from, and to prohibit the investment
of assets they control in, persons that have investments of more than
$20,000,000 in Iran's energy sector.
    (b) Authority to Divest.--Notwithstanding any other provision of
law, a State or local government may adopt and enforce measures that
meet the requirements of subsection (d) to divest the assets of the
State or local government from, or prohibit investment of the assets of
the State or local government in, any person that the State or local
government determines, using credible information available to the
public, engages in investment activities in Iran described in
subsection (c).
    (c) Investment Activities in Iran Described.--A person engages in
investment activities in Iran described in this subsection if the
person--
            (1) has an investment of $20,000,000 or more in the energy
        sector of Iran;
            (2) provides oil or liquified natural gas tankers, or
        products used to construct or maintain pipelines used to
        transport oil or liquified natural gas, for the energy sector
        in Iran; or
            (3) is a financial institution that extends $20,000,000 or
        more in credit to another person, for 45 days or more, if that
        person will use the credit to invest in the energy sector in
        Iran.
    (d) Requirements.--The requirements referred to in subsection (b)
that a measure taken by a State or local government must meet are the
following:
            (1) Notice.--The State or local government shall provide
        written notice to each person to whom the State or local
        government, as the case may be, intends to apply the measure,
        of such intent.
            (2) Timing.--The measure shall apply to a person not
        earlier than the date that is 90 days after the date on which
        the person receives the written notice required by paragraph
        (1).
            (3) Opportunity for hearing.--The State or local government
        shall provide each person referred to in paragraph (1) with an
        opportunity to demonstrate to the State or local government, as
        the case may be, that the person does not engage in investment
        activities in Iran described in subsection (c). If the person
        demonstrates to the State or local government that the person
        does not engage in investment activities in Iran described in
        subsection (c), the measure shall not apply to the person.
            (4) Sense of the congress on avoiding erroneous
        targeting.--It is the sense of the Congress that a State or
        local government should not adopt a measure under subsection
        (b) with respect to a person unless the State or local
        government has made every effort to avoid erroneously targeting
        the person and has verified that the person engages in
        investment activities in Iran described in subsection (c).
    (e) Notice to Department of Justice.--Not later than 30 days after
adopting a measure pursuant to subsection (b), a State or local
government shall submit to the Attorney General of the United States a
written notice which describes the measure.
    (f) Nonpreemption.--A measure of a State or local government
authorized under subsection (b), or described in subsection (i), is not
preempted by any Federal law or regulation.
    (g) Definitions.--In this section:
            (1) Investment.--The ``investment'' of assets, with respect
        to a State or local government, includes--
                    (A) a commitment or contribution of assets;
                    (B) a loan or other extension of credit; or
                    (C) the entry into or renewal of a contract for
                goods or services.
            (2) Assets.--
                    (A) In general.--Except as provided in subparagraph
                (B), the term ``assets'' refers to public monies and
                includes any pension, retirement, annuity, or endowment
                fund, or similar instrument, that is controlled
                directly or indirectly by a State or local government.
                    (B) Exception.--The term ``assets'' does not
                include employee benefit plans covered by title I of
                the Employee Retirement Income Security Act of 1974 (29
                U.S.C. 1001 et seq.).
    (h) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) of
        this subsection and subsection (i), this section shall apply to
        measures adopted by a State or local government on or after the
        date of the enactment of this Act.
            (2) Notice requirements.--Subsections (d) and (e) apply to
        measures adopted by a State or local government on or after the
        date of the enactment of this Act.
    (i) Authorization for Prior Enacted Measures.--Notwithstanding any
other provision of law, a State or local government may enforce a
measure (without regard to the requirements of subsection (d)) adopted
by the State or local government before the date of the enactment of
this Act that provides for the divestiture of assets of the State or
local government from, or prohibits the investment of the assets of the
State or local government in, any person that the State or local
government determines, using credible information available to the
public, engages in investment or business activities in Iran
(determined without regard to subsection (c)) identified in the
measure.

SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
              MANAGERS.

    Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-13(c)(1)) is amended to read as follows:
            ``(1) In general.--Solely for purposes of this subsection,
        and notwithstanding any other provision of Federal or State
        law, no person may bring any civil, criminal, or administrative
        action against any registered investment company, or any
        employee, officer, director, or investment adviser thereof,
        based solely upon the investment company divesting from, or
        avoiding investing in, securities issued by persons that the
        investment company determines, using credible information that
        is available to the public, conduct or have direct investments
        in business operations in Sudan described in section 3(d) of
        the Sudan Accountability and Divestment Act of 2007 or engage
        in investment activities in Iran described in section 3(c) of
        the Iran Sanctions Enabling Act of 2009. Nothing in this
        paragraph shall be construed to create, imply, diminish,
        change, or affect in any way the existence of a private cause
        of action under any other provision of this Act.''.

SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE
              BENEFIT PLANS.

    Section 404 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1104) is amended by adding at the end the following new
subsection:
    ``(e) No person shall be treated as breaching any of the
responsibilities, obligations, or duties imposed upon fiduciaries by
this title for divesting plan assets from, or avoiding investing plan
assets in, persons that are determined by such person, using credible
information that is available to the public, to be engaged in
investment activities in Iran described in section 3(c) of the Iran
Sanctions Enabling Act of 2009. Any divestiture of plan assets from, or
avoidance of investing plan assets in, persons that are so determined
to be engaged in such investment activities shall be treated as in
accordance with this title and the documents and instruments governing
the plan.''.

SEC. 6. DEFINITIONS.

    In this title:
            (1) Energy sector.--The term ``energy sector'' refers to
        activities to develop petroleum or natural gas resources or
        nuclear power.
            (2) Financial institution.--The term ``financial
        institution'' has the meaning given that term in section 14(5)
        of the Iran Sanctions Act of 1996 (Public Law 104-172; 50
        U.S.C. 1701 note).
            (3) Iran.--The term ``Iran'' includes any agency or
        instrumentality of Iran.
            (4) Person.--The term ``person'' means--
                    (A) a natural person, corporation, company,
                business association, partnership, society, trust, or
                any other nongovernmental entity, organization, or
                group;
                    (B) any governmental entity or instrumentality of a
                government, including a multilateral development
                institution (as defined in section 1701(c)(3) of the
                International Financial Institutions Act (22 U.S.C.
                262r(c)(3))); and
                    (C) any successor, subunit, parent company, or
                subsidiary of, or company under common ownership or
                control with, any entity described in subparagraph (A)
                or (B).
            (5) State.--The term ``State'' means each of the several
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, the United States Virgin Islands, Guam, American Samoa,
        and the Commonwealth of the Northern Mariana Islands.
            (6) State or local government.--The term ``State or local
        government'' includes--
                    (A) any State and any agency or instrumentality
                thereof;
                    (B) any local government within a State, and any
                agency or instrumentality thereof;
                    (C) any other governmental instrumentality; and
                    (D) any public institution of higher education
                within the meaning of the Higher Education Act of 1965
                (20 U.S.C. 1001 et seq.).

SEC. 7. SUNSET.

    This Act shall terminate 30 days after the date on which the
President has certified to the Congress that--
            (1) the Government of Iran has ceased providing support for
        acts of international terrorism and no longer satisfies the
        requirements for designation as a state-sponsor of terrorism
        for purposes of section 6(j) of the Export Administration Act
        of 1979, section 620A of the Foreign Assistance Act of 1961,
        section 40 of the Arms Export Control Act, or any other
        provision of law; or
            (2) Iran has ceased the pursuit, acquisition, and
        development of nuclear, biological, and chemical weapons and
        ballistic missiles and ballistic missile launch technology.

            Passed the House of Representatives October 14, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Iran Sanctions Enabling Act of 2009 - (Sec. 3) States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that the have investments of more than $20 million in Iran's energy sector.

Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit their investment in, any person that the state or local government determines, using credible information available to the public, engages in certain investment activities in Iran. Specifies such activities as: (1) the investment of $20 million or more in Iran's energy sector; or (2) provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for that energy sector. Authorizes divestment, as well, from any financial institution which extend $20 million or more in credit to another person, for 45 days or more, if that person will use the credit to invest in Iran's energy sector.

Expresses the sense of Congress that a state or local government should not adopt such measures against such a person unless it has made every effort to avoid erroneously targeting the person and has verified that such person engages in such investment activities.

Declares that any measure of a state or local government authorized under this Act is not preempted by any federal law or regulation.

(Sec. 4) Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by persons that have invested in Sudan or in Iran.

(Sec. 5) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, persons that have engaged in such investment activities in Iran.

(Sec. 7) Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism; or (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bioterror and Pandemic Preparedness
Protection Act''.

SEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
              COUNTERMEASURES.

    Part B of title III of the Public Health Service Act is amended by
inserting after section 319F-2 (42 U.S.C. 247d-6b) the following:

``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
              SECURITY COUNTERMEASURES.

    ``(a) Authority.--The Secretary shall be solely and exclusively
responsible for the administration of this section. This section shall
apply with respect to the design, development, clinical testing and
investigation, manufacture, labeling, distribution, sale, purchase,
donation, dispensing, administration, or use of a security
countermeasure or a qualified pandemic or epidemic product.
    ``(b) Litigation Management.--
            ``(1) Federal cause of action.--
                    ``(A) In general.--There shall exist an exclusive
                Federal cause of action for all claims arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, and use of a qualified
                pandemic or epidemic product or a security
                countermeasure as provided for in clauses (i) and (ii)
                of paragraph (2)(B).
                    ``(B) Action.--With respect to the Federal cause of
                action provided in subparagraph (A)--
                            ``(i) an action may be commenced solely and
                        exclusively against the United States for
                        claims identified in subparagraph (A) that are
                        against a manufacturer, distributor, or health
                        care provider;
                            ``(ii) no cause of action shall be
                        maintained against a manufacturer, distributor,
                        or health care provider for claims identified
                        in subparagraph (A); and
                            ``(iii) for products subject to designation
                        by the Secretary as provided for in clause (ii)
                        of paragraph (2)(B), the protections set forth
                        in clauses (i) and (ii) shall apply to all
                        claims identified in subparagraph (A) that
                        involve products sold, purchased, donated,
                        dispensed, or administered during the effective
                        period set forth in the designation provided
                        for in paragraph (2)(F), regardless of the date
                        of alleged injury.
                    ``(C) Jurisdiction.--The United States District
                Court for the District of Columbia shall have sole and
                exclusive jurisdiction over any claim for loss of
                property, personal injury, or death arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use of a qualified
                pandemic or epidemic product or security countermeasure
                as provided for in clauses (i) and (ii) of paragraph
                (2)(B).
            ``(2) Affirmative defense.--
                    ``(A) In general.--There shall be a rebuttable
                presumption that the Federal Government is immune from
                liability in an action described in subparagraph (B).
                    ``(B) Action described.--An action described in
                this subparagraph is an action that is commenced
                against the United States for claims arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use of--
                            ``(i) a security countermeasure that has
                        been procured for the National Strategic
                        Stockpile under section 319F-2 or a qualified
                        pandemic or epidemic product that has been
                        procured by the Secretary; or
                            ``(ii) a security countermeasure or
                        qualified pandemic or epidemic product in
                        anticipation of and preparation for, in defense
                        against, or in response or recovery to an
                        actual or potential public health emergency,
                        that is a security countermeasure or is
                        designated as a qualified pandemic or epidemic
                        product by the Secretary after the Secretary
                        declared a public health emergency as described
                        in paragraph (1) or (2) of section 319(a).
                    ``(C) Rebuttability.--
                            ``(i) In general.--The presumption
                        described in subparagraph (A) shall be overcome
                        by a determination by the Secretary as provided
                        for in subparagraph (D).
                            ``(ii) Investigation by secretary.--A party
                        seeking a determination under subparagraph (D)
                        may petition the Secretary to investigate
                        claims against a manufacturer, distributor,
                        dispenser, or health care provider arising out
                        of, relating to, or resulting from the design,
                        development, clinical testing and
                        investigation, manufacture, labeling,
                        distribution, sale, purchase, donation,
                        dispensing, administration, or use of products
                        as provided for in clauses (i) and (ii) of
                        subparagraph (B). The decision to undertake
                        such investigation shall be within the
                        Secretary's discretion and shall not be subject
                        to judicial review.
                    ``(D) Determination by secretary.--
                            ``(i) In general.--In making a
                        determination under this subparagraph, the
                        Secretary must find clear and convincing
                        evidence that the manufacturer, distributor, or
                        health care provider intentionally or with
                        willful disregard violated a provision of the
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                        301 et seq.) or this Act and such violation--
                                    ``(I) caused the product to present
                                a significant risk to health; and
                                    ``(II) proximately caused the
                                injury alleged by the petitioner.
                            ``(ii) Notice and hearing.--Prior to the
                        Secretary's making a determination under clause
                        (i), the manufacturer, distributor, dispenser,
                        or health care provider shall have notice and a
                        right to a formal hearing in accordance with
                        section 556 of title 5, United States Code.
                            ``(iii) Judicial review.--At any time prior
                        to the 90th day following a determination by
                        the Secretary under clause (i) of this
                        subparagraph, any manufacturer, distributor, or
                        health care provider who will be adversely
                        affected by such determination may file a
                        petition with the United States Court of
                        Appeals for the circuit wherein such person
                        resides or has his principal place of business,
                        for a judicial review of such determination. A
                        copy of the petition shall be forthwith
                        transmitted by the clerk of the court to the
                        Secretary or other officer designated by the
                        Secretary for that purpose. The Secretary
                        thereupon shall file in the court the record of
                        the findings on which the Secretary based his
                        or her determination. The filing of a petition
                        under this clause shall automatically stay the
                        Secretary's determination for the duration of
                        the judicial proceeding. The sole parties to
                        the judicial proceeding shall be the Secretary
                        and the petitioner. Intervention by third
                        parties in the judicial proceeding shall not be
                        permitted. No subpoenas shall be issued nor
                        shall other compulsory process apply. The
                        court's review of a determination by the
                        Secretary under this clause shall conform to
                        the procedures for judicial review of
                        administrative orders set forth in paragraphs
                        (2) through (6) of section 371(f) of title 21,
                        United States Code, to the extent consistent
                        with this section.
                    ``(E) Scope.--The presumption under subparagraph
                (A) shall apply regardless of whether the claim against
                the United States arises from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use by the Federal
                Government or by non-Federal Government customers.
                    ``(F) Designation.--In any declaration of a public
                health emergency under section 319, the Secretary shall
                identify the pandemic, epidemic, or biological,
                chemical, nuclear agent, or toxin that presents, or may
                present, a public health emergency and shall designate
                the security countermeasure(s) or qualified pandemic or
                epidemic product(s) to be sold by, purchased from, or
                donated by a manufacturer or drawn from the National
                Strategic Stockpile and shall specify in such
                designation the beginning and ending dates of such
                sale, purchase, donation, or use from the stockpile.
                The period so defined shall be the effective period of
                such qualification for any products specified in the
                designation. The declaration shall subsequently be
                amended to reflect any additional sale, purchase, or
                donation of products specified in the designation.
    ``(c) Definitions.--In this section:
            ``(1) Health care provider.--The term `health care
        provider' means a person, including a volunteer, who lawfully
        prescribes, administers, dispenses, or provides a facility to
        administer a security countermeasure or a qualified pandemic or
        epidemic product, including persons who prescribe, administer,
        or provide a facility to administer in accordance with a
        designation under subsection (b)(2)(F).
            ``(2) Loss.--The term `loss' means death, bodily injury, or
        loss of or damage to property, including business interruption
        loss.
            ``(3) Non-federal government customers.--The term `non-
        Federal Government customers' means any customer of a
        manufacturer that is not an agency or instrumentality for the
        United States Government with authority under Public Law 85-804
        to provide for indemnification under certain circumstances for
        third-party claims against its contractors, including a State,
        a local authority, a private entity, a health care provider, or
        an individual.
            ``(4) Qualified pandemic or epidemic product.--The term
        `qualified pandemic or epidemic product' means a drug (as such
        term is defined in section 201(g)(1) of the Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as
        such term is defined by section 351(i) of this Act) or device
        (as such term is defined by section 201(h) of the Federal food,
        Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed,
        modified, or procured to diagnose, mitigate, prevent, treat, or
        cure a pandemic or epidemic or limit the harm such pandemic or
        epidemic might otherwise cause or a serious or life-threatening
        disease or condition caused by such a product, that--
                    ``(A) is approved or cleared under chapter V of the
                Federal Food, Drug, and Cosmetic Act or licensed under
                section 351 of this Act;
                    ``(B) is a product for which the Secretary
                determines that sufficient and satisfactory clinical
                experience or research data (including data, if
                available, from pre-clinical and clinical trials)
                support a reasonable conclusion that the countermeasure
                will qualify for approval or licensing within 8 years
                after the date the Secretary declares a public health
                emergency as described in paragraph (1) or (2) of
                section 319(a); or
                    ``(C) is authorized by the Secretary under this
                section, except that the Secretary may authorize under
                this section the emergency use of a product only if,
                after consultation with the Director of the National
                Institutes of Health and the Director of the Centers
                for Disease Control and Prevention (to the extent
                feasible and appropriate given the circumstances of the
                emergency involved), the Secretary concludes--
                            ``(i) that an agent or toxin identified in
                        a declaration described under subsection (b)
                        can cause a serious or life-threatening disease
                        or condition;
                            ``(ii) that, based on the totality of the
                        scientific evidence available to the Secretary,
                        including data from adequate and well-
                        controlled clinical trials, if available, it is
                        reasonable to believe that--
                                    ``(I) the product may be effective
                                in diagnosing, mitigating, preventing,
                                treating or curing--
                                            ``(aa) a pandemic or
                                        epidemic; or
                                            ``(bb) a serious or life-
                                        threatening disease or
                                        condition caused by a product;
                                        and
                                    ``(II) the known and potential
                                benefits of the product, when used to
                                diagnose, mitigate, prevent, treat or
                                cure such disease or condition,
                                outweigh the known and potential risks
                                of the product;
                            ``(iii) that there is no adequate,
                        approved, and available alternative to the
                        product for diagnosing, mitigating, preventing,
                        treating or curing such disease or condition;
                        and
                            ``(iv) that such other criteria as the
                        Secretary may by regulation prescribe are
                        satisfied.
            ``(5) Security countermeasure.--The term `security
        countermeasure' has the meaning given such term in section
        319F-2(c)(1)(B).''.

SEC. 3. TECHNICAL AMENDMENT.

    Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d
(a)(1)) is amended by inserting ``, or may present,'' after
``present''.

Output:
Bioterror and Pandemic Preparedness Protection Act - Amends the Public Health Service Act to establish an exclusive federal cause of action for all claims relating to a qualified pandemic or epidemic product or a security countermeasure.

Restricts all causes of action for such claims against a manufacturer, distributor, or health care provider and instead provides for sole and exclusive action against the United States. Gives jurisdiction over such an action to the U.S. District Court for the District of Columbia.

Establishes a rebuttable presumption of immunity for the federal government in any such action concerning: (1) a security countermeasure that has been procured for the National Strategic Stockpile; (2) a qualified pandemic or epidemic product that has been procured by the Secretary of Health and Human Services; or (3) a security countermeasure or designated qualified pandemic or epidemic product relating to an actual or potential public health emergency.

Allows a party to petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or heath care provider. Disallows judicial review of the Secretary's decision as to whether to undertake such an investigation.

Declares that the immunity presumption shall be overcome by a determination by the Secretary, by finding clear and convincing evidence, that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated the Federal Food, Drug, and Cosmetic Act or this Act and that such violation: (1) caused the product to present a significant health risk; and (2) proximately caused the injury alleged by the petitioner.