Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Tim Fagan's Law'' or the ``Counterfeit
Drug Enforcement Act of 2014''.

SEC. 2. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE
              ADULTERATED OR MISBRANDED; MISREPRESENTATION AS APPROVED
              DRUGS.

    (a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the
following paragraphs:
    ``(3) Notwithstanding paragraph (1) or (2), in the case of a person
who violates subsection (a), (b), or (c) of section 301 with respect to
a drug that is subject to section 503(b)(1)(B), if the person knowingly
caused the drug to be adulterated or misbranded and sells or trades the
drug, or the person purchases or trades for the drug knowing or having
reason to know that the drug was knowingly caused to be adulterated or
misbranded, the person shall be fined in accordance with title 18,
United States Code, or imprisoned for any term of years or for life, or
both.
    ``(4) Notwithstanding paragraph (1) or (2), in the case of a person
who violates section 301(d) with respect to a drug, if the person
caused the drug to be misrepresented as a drug that is subject to
section 503(b)(1)(B) and for which an approved application is in effect
under section 505 and the person sells or trades the drug, or the
person purchases or trades for the drug knowing or having reason to
know that the drug was knowingly caused to be so misrepresented, the
person shall be fined in accordance with title 18, United States Code,
or imprisoned for any term of years or for life, or both.''.
    (b) Notification of Food and Drug Administration by
Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(k)) is amended by adding at the end the following
paragraph:
    ``(6) A manufacturer of a drug that receives or otherwise becomes
aware of information that reasonably suggests that a violation
described in paragraph (3) or (4) of section 303(a) may have occurred
with respect to the drug shall report such information to the Secretary
not later than 48 hours after first receiving or otherwise becoming
aware of the information.''.

SEC. 3. USE OF TECHNOLOGIES FOR PREVENTING COUNTERFEITING OF DRUGS.

    Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
352) is amended by adding at the end the following:
    ``(dd) If it is a drug and it is not manufactured in accordance
with any regulations of the Secretary requiring the use of technologies
that the Secretary has determined are technically feasible and will
assist in preventing violations of this Act to which paragraphs (3) and
(4) of section 303(a) apply (relating to the knowing adulteration or
misbranding of drugs and the knowing misrepresentation of drugs).''.

SEC. 4. COUNTERFEIT DRUGS; INCREASED FUNDING FOR INSPECTIONS,
              EXAMINATIONS, AND INVESTIGATIONS.

    For the purpose of increasing the capacity of the Food and Drug
Administration to conduct inspections, examinations, and investigations
under the Federal Food, Drug, and Cosmetic Act with respect to
violations described in paragraphs (3) and (4) of section 303(a) of
such Act, there is authorized to be appropriated $60,000,000 for each
of the fiscal years 2015 through 2018, in addition to other
authorizations of appropriations that are available for such purpose.

SEC. 5. PUBLIC EDUCATION REGARDING COUNTERFEIT DRUGS.

    (a) In General.--The Secretary of Health and Human Services shall
carry out a program to educate the public and health care professionals
on counterfeit drugs, including techniques to identify drugs as
counterfeit.
    (b) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there is authorized to be appropriated $5,000,000
for each of the fiscal years 2015 through 2018, in addition to other
authorizations of appropriations that are available for such purpose.

SEC. 6. RECALL AUTHORITY REGARDING DRUGS.

    Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506F
the following section:

``SEC. 506G. RECALL AUTHORITY.

    ``(a) Order To Cease Distribution of Drug; Notification of Health
Professionals.--
            ``(1) In general.--If the Secretary finds that a drug
        intended for human use may constitute a threat to the public
        health, the Secretary shall issue an order requiring the
        appropriate person (including the manufacturers, importers,
        distributors, or retailers of the drug)--
                    ``(A) to immediately cease distribution of the
                drug; and
                    ``(B) to immediately notify health professionals of
                the order and to instruct such professionals to cease
                administering, distributing, selling, or prescribing
                the drug.
            ``(2) Informal hearing.--An order under paragraph (1) shall
        provide the person subject to the order with an opportunity for
        an informal hearing, to be held not later than 10 days after
        the date of the issuance of the order, on the actions required
        by the order and on whether the order should be amended to
        require a recall of the drug involved. If, after providing an
        opportunity for such a hearing, the Secretary determines that
        inadequate grounds exist to support the actions required by the
        order, the Secretary shall vacate the order.
    ``(b) Order To Recall Drug.--
            ``(1) In general.--If, after providing an opportunity for
        an informal hearing under subsection (a)(2), the Secretary
        determines that the order should be amended to include a recall
        of the drug with respect to which the order was issued, the
        Secretary shall, except as provided in paragraphs (2) and (3),
        amend the order to require a recall. The Secretary shall
        specify a timetable in which the drug recall will occur and
        shall require periodic reports to the Secretary describing the
        progress of the recall.
            ``(2) Certain actions.--An amended order under paragraph
        (1)--
                    ``(A) shall not require recall of a drug from
                individuals; and
                    ``(B) shall provide for notice to individuals
                subject to the risks associated with the use of the
                drug.
            ``(3) Assistance of health professionals.--In providing the
        notice required by paragraph (2)(B), the Secretary may use the
        assistance of health professionals who administered the drug
        involved to individuals or prescribed the drug for individuals.
        If a significant number of such individuals cannot be
        identified, the Secretary shall notify such individuals
        pursuant to section 705(b).''.

SEC. 7. AUTHORITY TO ISSUE SUBPOENAS WITH RESPECT TO PREVENTING THREATS
              TO THE PUBLIC HEALTH.

    Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333(a)) is amended by adding at the end the following subsection:
    ``(h) The Secretary and the Attorney General shall develop and
implement a procedure through which the Chief Counsel in the Food and
Drug Administration is authorized to issue subpoenas regarding
investigations under this Act of acts or omissions that may constitute
a threat to the public health, including investigations of alleged
violations to which paragraph (3) or (4) of subsection (a) apply and
alleged violations with respect to which the Secretary is considering
the use of authorities under section 304.''.

Output: Tim Fagan's Law or Counterfeit Drug Enforcement Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to establish a criminal fine and/or imprisonment for a person who: (1) knowingly causes a prescription drug to be adulterated, misbranded, or misrepresented as an approved prescription drug and sells or trades the drug; or (2) purchases or trades for a drug knowing or having reason to know that the drug was knowingly adulterated, misbranded, or misrepresented. Requires a manufacturer of a drug to notify the Department of Health and Human Services (HHS) within 48 hours after first receiving or becoming aware of information that reasonably suggests that such a violation may have occurred.  Deems a drug to be misbranded if it is not manufactured using technologies that HHS determines are technically feasible and assist in preventing such violations. Authorizes additional appropriations for Food and Drug Administration (FDA) inspections, examinations, and investigations. Requires HHS to educate the public and health care professionals on counterfeit drugs. Directs HHS, upon a finding that a drug intended for human use may constitute a threat to the public health, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to cease distribution of the drug and to notify and instruct health professionals to cease administering, distributing, selling, or prescribing the drug. Requires HHS, after providing the person with an opportunity for an informal hearing, to amend the order to include a recall, if appropriate. Requires HHS and the Attorney General to establish a procedure through which the FDA is authorized to issue subpoenas.


Input:
SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Private Student
Loan Debt Swap Act of 2009''.
    (b) Purpose.--It is the purpose of this Act to establish a
temporary private student loan debt swap program to assist eligible
borrowers in refinancing all or a portion of their private education
debt with less costly loans with the same terms and conditions as
Federal direct loans.

SEC. 2. PRIVATE EDUCATION LOAN REFINANCING.

    Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended by adding at the end the following:

              ``PART J--PRIVATE EDUCATION LOAN REFINANCING

``SEC. 499E. PRIVATE EDUCATION LOAN REFINANCING.

    ``(a) In General.--
            ``(1) Authority.--The Secretary shall carry out a Private
        Education Loan Debt Swap program in accordance with this
        section.
            ``(2) Availability of funds.--There are hereby made
        available, in accordance with the provisions of this section,
        such sums as may be necessary to make loans under this section
        through refinancing to all individuals eligible to receive
        private education loan refinancing under this section.
            ``(3) Private education loan.--In this section, the term
        `private education loan' has the meaning given the term in
        section 140 of the Truth in Lending Act (15 U.S.C. 1650).
    ``(b) Eligible Debt Swap Loan Borrower.--An individual shall be
eligible to receive private education loan refinancing under this
section if the individual--
            ``(1)(A) was, at any time after July 1, 1994, eligible to
        obtain an unsubsidized Federal Stafford Loan under section 428H
        for a period of undergraduate or graduate enrollment;
            ``(B) incurred at least 1 private education loan for such
        period of enrollment;
            ``(C) is not enrolled in an eligible institution on at
        least a half-time basis;
            ``(D) remains indebted on at least 1 private education loan
        eligible for refinancing under this section and--
                    ``(i) has never obtained an unsubsidized Federal
                Stafford Loan under section 428H; or
                    ``(ii) has borrowed an aggregate amount under the
                unsubsidized Federal Stafford Loan program under
                section 428H that is less than the maximum aggregate
                amount indicated under section 428H(d) for loans first
                disbursed on or after July 1, 2008;
            ``(E) is not in default on a loan made, insured, or
        guaranteed under this title;
            ``(F) has made not less than 2 consecutive payments on the
        private education loan to be refinanced and is not more than 90
        days delinquent on such loan; and
            ``(G) has not previously obtained refinancing under this
        section; or
            ``(2)(A) was, at any time after July 1, 2006, eligible to
        obtain a Federal PLUS Loan under section 428B for a period of
        graduate or professional enrollment;
            ``(B) incurred at least 1 private education loan for such
        period of enrollment;
            ``(C) is not in default on a loan made, insured, or
        guaranteed under this title;
            ``(D) has made not less than 2 consecutive payments on the
        private education loan to be refinanced and is not more than 90
        days delinquent on such loan;
            ``(E) does not have an adverse credit history; and
            ``(F) has not previously obtained refinancing under this
        section.
    ``(c) Refinancing Under the Debt Swap Loan Program.--
            ``(1) In general.--The Secretary shall refinance or make a
        payment on a private education loan in accordance with this
        subsection for an individual who is eligible for private
        education loan refinancing pursuant to subsection (b).
            ``(2) Types of loans that shall be refinanced.--A private
        education loan is eligible to be refinanced under this
        subsection if the loan was incurred--
                    ``(A) after July 1, 1994, and before July 1, 2010;
                and
                    ``(B) to pay the cost of attendance for enrollment
                in an eligible program at an institution of higher
                education eligible to participate in programs under
                this title.
            ``(3) Loan limits.--The maximum amount of a private
        education loan that may be refinanced under this subsection
        is--
                    ``(A) for an individual described in subsection
                (b)(1), an amount equal to the sum of unpaid principal,
                accrued interest, and late charges of all private
                education loans eligible under paragraph (2) incurred
                by such individual not to exceed the maximum aggregate
                amount of unsubsidized Federal Stafford Loans under
                section 428H(d) for loans first disbursed on or after
                July 1, 2008, applicable to an undergraduate student
                under such section if the individual incurred such loan
                to enroll in an undergraduate program or applicable to
                a graduate student under such section if the individual
                incurred such loan to enroll in a graduate program,
                less any amount previously borrowed by such individual
                pursuant to section 428 or part D; and
                    ``(B) for an individual described in subsection
                (b)(2), an amount equal to the sum of unpaid principal,
                accrued interest, and late charges of all private
                education loans eligible under paragraph (2) incurred
                by such individual, less any amount previously borrowed
                by such individual pursuant to section 428B for such
                period of enrollment in a graduate or professional
                program.
            ``(4) Interest rate.--The interest rate for a private
        education loan refinanced under this subsection shall be--
                    ``(A) for an individual described in subsection
                (b)(1), the same interest rate applicable to an
                unsubsidized Federal Stafford Loan; and
                    ``(B) for an individual described in subsection
                (b)(2), the same interest rate applicable to a Federal
                Direct PLUS loan.
            ``(5) Repayment terms.--A private education debt swap loan
        made under this subsection through refinancing shall have the
        same repayment terms, conditions, and benefits as Federal
        Direct Consolidation Loans.
            ``(6) Termination of authority.--The authority to refinance
        private education loans under this subsection expires on July
        1, 2011, or the date that is 1 year after certification by the
        Secretary to Congress that the debt swap loan program pursuant
        to this section is fully operational, whichever date is later.
            ``(7) Loan application and promissory note.--The Secretary
        shall develop and distribute a standard application and
        promissory note and loan disclosure form for loans made under
        this section through refinancing.
            ``(8) Loan disbursement.--Proceeds of any loan made under
        this section shall be paid by the Secretary directly to the
        holder of the private education loan being refinanced for the
        purpose of discharging or reducing such private education loan
        debt on behalf of the borrower, subject to repayment terms
        under this section.
    ``(d) Public Awareness Campaign.--
            ``(1) In general.--The Secretary shall carry out a national
        awareness campaign on the availability and benefits of
        refinancing private education loans under this section.
            ``(2) Content of campaign.--The campaign described in
        paragraph (1) shall include--
                    ``(A) explaining the benefits of borrowing through
                the Federal student loan programs authorized under this
                title compared to private loans; and
                    ``(B) information on all of the repayment options,
                loan forgiveness opportunities, low-fixed interest
                rates and other benefits of such Federal student loan
                programs.
    ``(e) Report to Congress.--The Secretary shall report to Congress
annually on the volume and repayment status of private education loans
refinanced under this section.''.

Output:
Private Student Loan Debt Swap Act of 2009 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to implement a Private Education Loan Debt Swap program.

Requires the Secretary, under such program, to refinance the private education loans of certain borrowers who: (1) after July 1, 1994, were eligible for unsubsidized Stafford Loans under the Federal Family Education Loan (FFEL) program, or, after July 1, 2006, were eligible for FFEL PLUS Loans for graduate or professional education; (2) are not in default on a loan made, insured, or guaranteed under title IV; and (3) have made at least two consecutive payments on the private education loan to be refinanced and are not more than 90 days delinquent on such loan.

Makes the program applicable only to private education loans incurred after July 1, 1994, and before July 1, 2010, which were used for the cost of enrolling at institutions of higher education eligible to participate in title IV programs.

Sets the interest rate on such refinanced loans at the rate applicable to: (1) unsubsidized Stafford loans, for borrowers who were eligible for such loans; and (2) Federal Direct PLUS loans, for borrowers who were eligible for those loans.

Gives refinanced loans the same repayment terms, conditions, and benefits as Consolidation Loans under the Direct Loan program.

Directs the Secretary carry out a national awareness campaign on the availability and benefits of refinancing private education loans under this program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Mental Health Treatment
First Act''.

SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE-
              RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION,
              ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER.

    (a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1712B the following
new section:
``Sec. 1712C. Mental health care and rehabilitation for service-related
              post-traumatic stress disorder, depression, anxiety
              disorder, or related substance use disorder
    ``(a) In General.--The Secretary shall carry out a program of
mental health care and rehabilitation for veterans who--
            ``(1) are diagnosed by a physician of the Department with
        post-traumatic stress disorder, depression, anxiety disorder,
        or substance use disorder related to post-traumatic stress
        disorder, depression, or anxiety disorder that is service-
        related (as determined in accordance with subsection (b)); and
            ``(2) agree to the conditions of participation applicable
        to such veterans set forth in subsection (c).
    ``(b) Treatment of Conditions as Service-Related.--(1) A condition
of a veteran described in subsection (a)(1) shall be treated as
service-related for purposes of this section if--
            ``(A) the condition has previously been adjudicated by the
        Secretary to be service-connected; or
            ``(B) the condition is judged by the physician of the
        Department making the diagnosis for the veteran as described in
        subsection (a)(1) to be plausibly related to the service of the
        veteran in the active military, naval, or air service.
    ``(2) The Secretary shall prescribe in regulations the standards to
be utilized by physicians of the Department in judging under paragraph
(1)(B) whether or not a condition of a veteran described in subsection
(a)(1) is plausibly related to the service of the veteran in the active
military, naval, or air service.
    ``(c) Conditions of Participation.--(1) As conditions for
participation in the program under this section, a veteran seeking
mental health care and rehabilitation under the program for a condition
described in subsection (a)(1) who has not yet filed a claim for
disability under this title for such condition shall agree as follows:
            ``(A) To comply substantially with the treatment regimen
        and rehabilitation plan prescribed under subsection (d) for the
        veteran.
            ``(B) Not to submit a claim for disability compensation
        under chapter 11 of this title for post-traumatic stress
        disorder, depression, anxiety disorder, or a related substance
        use disorder until the earlier of--
                    ``(i) the end of the one-year period beginning on
                the date of the commencement of the program by the
                veteran; or
                    ``(ii) the conclusion of the treatment regimen and
                rehabilitation plan prescribed under subsection (d) for
                the veteran.
    ``(2) As conditions for participation in the program under this
section, a veteran seeking mental health care and rehabilitation under
the program for a condition described in subsection (a)(1) who has
filed a claim for disability under this title for such condition that
has not been adjudicated by the Secretary at the time of the diagnosis
of the veteran described in subsection (a)(1)--
            ``(A) shall agree to comply substantially with the
        treatment regimen and rehabilitation plan prescribed under
        subsection (d) for the veteran; and
            ``(B) may agree, at the election of the veteran, to the
        suspension by the Secretary of adjudication of such claim until
        completion by the veteran of the treatment regimen and
        rehabilitation plan.
    ``(3) As conditions for participation in the program under this
section, a veteran seeking mental health care and rehabilitation under
the program for one or more conditions described in subsection (a)(1)
that have been determined by the Secretary to be service-connected
shall agree as follows:
            ``(A) To comply substantially with the treatment regimen
        and rehabilitation plan prescribed under subsection (d) for the
        veteran.
            ``(B) Not to submit a claim for an increase in disability
        compensation under chapter 11 of this title for or based on
        such condition or conditions until the earlier of--
                    ``(i) the end of the one-year period beginning on
                the date of the commencement of the program by the
                veteran; or
                    ``(ii) the completion of the treatment regimen and
                rehabilitation plan prescribed under subsection (d) for
                the veteran.
    ``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary
shall provide for each veteran who participates in the program under
this section a treatment regimen and rehabilitation plan for the post-
traumatic stress disorder, depression, anxiety disorder, or related
substance use disorder of such veteran as described in subsection
(a)(1). The treatment regimen and rehabilitation plan shall be devised
by appropriate clinicians and other appropriate personnel of the
Department assigned for that purpose.
    ``(2) The treatment regimen and rehabilitation plan for a veteran
under this subsection shall include such mental health care and
rehabilitation as the clinicians and other personnel concerned consider
appropriate for the remediation of the condition or conditions of the
veteran covered by the plan.
    ``(3) The duration of each treatment regimen and rehabilitation
plan under this subsection shall be such period as the clinician
concerned considers appropriate.
    ``(e) Wellness Stipends.--(1) Subject to paragraph (4), each
veteran covered by subsection (c)(1) who participates in the program
under this section shall be paid a stipend as follows:
            ``(A) $2,000 payable upon commencement of the treatment
        regimen and rehabilitation plan provided under subsection (d)
        for such veteran.
            ``(B) $1,500 payable every 90 days thereafter upon
        certification by the clinician treating such veteran under the
        program that such veteran is in substantial compliance with
        such treatment regimen and rehabilitation plan, except that the
        total amount payable to such veteran under this subparagraph
        may not exceed $6,000.
            ``(C) $3,000 payable at the earlier of--
                    ``(i) the date of the conclusion of such treatment
                regimen and rehabilitation plan; or
                    ``(ii) one year after the date of the commencement
                of such treatment regimen and rehabilitation plan by
                the veteran.
    ``(2) Subject to paragraph (4), each veteran covered by subsection
(c)(2) who participates in the program under this section shall be paid
a stipend as follows:
            ``(A) If such veteran agrees as provided in subparagraph
        (B) of subsection (c)(2), the stipend payable under paragraph
        (1).
            ``(B) If such veteran does not agree as provided in
        subparagraph (B) of subsection (c)(2), the stipend payable
        under paragraph (3).
    ``(3) Subject to paragraph (4), each veteran covered by subsection
(c)(3) who participates in the program under this section shall be paid
a stipend as follows:
            ``(A) $667 payable upon commencement of the treatment
        regimen and rehabilitation plan provided under subsection (d)
        for such veteran.
            ``(B) $500 payable every 90 days thereafter upon
        certification by the clinician treating such veteran under the
        program that such veteran is in substantial compliance with
        such treatment regimen and rehabilitation plan, except that the
        total amount payable to such veteran under this subparagraph
        may not exceed $2,000.
            ``(C) $1,000 payable at the earlier of--
                    ``(i) the date of the conclusion of such treatment
                regimen and rehabilitation plan; or
                    ``(ii) one year after the date of the commencement
                of such treatment regimen and rehabilitation plan by
                the veteran.
    ``(4) In the event a veteran is determined by the Secretary to have
failed to comply with any condition agreed to by the veteran under
subsection (c), payment to the veteran of any stipend otherwise
authorized to be payable under this subsection shall cease.
    ``(f) Limitation on Participation.--(1) Except as provided in
paragraph (2), a veteran may participate only once in the program under
this section.
    ``(2)(A) A veteran may participate more than once in the program
under this section if the Secretary determines that such additional
participation in the program will assist the veteran in achieving the
remediation of the condition or conditions addressed by participation
in the program.
    ``(B) The total amount of stipend payable under subsection (e) to a
veteran covered by subparagraph (A) may not exceed $11,000.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1712B the following new item:

``1712C. Mental health care and rehabilitation for service-related
                            post-traumatic stress disorder, depression,
                            anxiety disorder, or related substance use
                            disorder.''.

Output: Veterans Mental Health Treatment First Act - Directs the Secretary of Veterans Affairs to carry out a program of mental health care and rehabilitation for veterans who: (1) are diagnosed by a Department of Veterans Affairs (VA) physician with post-traumatic stress disorder (PTSD) or depression, anxiety, or substance abuse that is either related to the PTSD or service-related; and (2) agree to participation conditions, including compliance with a treatment regimen and rehabilitation plan prescribed by the Secretary of Veterans Affairs. Requires each participant to be paid a stipend during successful program participation, limiting to $11,000 the total stipend paid to each individual.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``D'Oench Duhme Reform Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) in D'Oench Duhme & Co. v. Federal Deposit Insurance
        Corporation, 315 U.S. 447 (1942), the Supreme Court determined
        that secret side agreements that were not recorded in the
        records of an insured depository institution should not be
        enforceable against Federal banking agencies when those
        agencies acquired assets following the failure of the
        institution;
            (2) the Supreme Court based its holding (hereafter in this
        section referred to as the ``D'Oench doctrine'') on its power
        to develop Federal common law;
            (3) in 1950, the Congress supplemented the D'Oench doctrine
        by amending section 13(e) of the Federal Deposit Insurance Act
        to invalidate agreements relating to assets acquired by Federal
        banking agencies that were not recorded in official depository
        institution records;
            (4) Federal and State courts have expanded the scope of the
        D'Oench doctrine and section 13(e) of the Federal Deposit
        Insurance Act by interpreting them to bar tort claims based on
        oral representations, claims that do not relate to assets
        acquired by Federal banking agencies, and numerous other claims
        and defenses beyond the original scope and intent of those two
        lines of authority;
            (5) the Federal banking agencies' aggressive use of the
        D'Oench doctrine and section 13(e) of the Federal Deposit
        Insurance Act in the administrative claims process and
        litigation, combined with the expansive interpretation of those
        authorities by the Supreme Court, have led to fundamentally
        unfair results; and
            (6) many individuals have been barred from asserting
        potentially valid claims and defenses once an insured
        depository institution has been declared insolvent and taken
        over by a Federal banking agency.
    (b) Purposes.--The purposes of this Act are--
            (1) to unify the lines of authority developed under the
        Federal common law and referred to in subsection (a) and
        section 13(e) of the Federal Deposit Insurance Act, so that all
        cases relating to agreements against the interest of the
        Federal Deposit Insurance Corporation are decided pursuant to
        Federal statutory law; and
            (2) to return the D'Oench doctrine to its original purpose
        by continuing to bar the enforcement of unrecorded agreements,
        but allowing certain potentially valid intentional tort and
        other claims and defenses to be adjudicated on their merits.

SEC. 3. CLARIFICATION.

    Section 13(e) of the Federal Deposit Insurance Act (12 U.S.C.
1823(e)) is amended to read as follows:
    ``(e) Agreements Against Interests of the Corporation.--
            ``(1) In general.--No agreement which tends to diminish or
        defeat the interest of the Corporation in any asset acquired by
        the Corporation under this section or under section 11, by
        purchase or assumption, or in its capacity as receiver of any
        insured depository institution, shall be enforceable against
        the Corporation unless that agreement is in writing and was
        executed in the ordinary course of business by an insured
        depository institution through an officer or other employee or
        representative of the institution having the authority to
        execute such an agreement on behalf of the institution.
            ``(2) Claims against the corporation.--Notwithstanding
        paragraph (1), no court may bar, estop, or otherwise prohibit
        the adjudication against the Corporation, in its corporate
        capacity and as receiver of an insured depository institution,
        of--
                    ``(A) a claim or defense that does not relate to
                specific assets acquired by the Corporation;
                    ``(B) a claim or defense that does relate to
                transactions that would not, in the normal course of
                business, be reflected in the transaction records of
                the institution;
                    ``(C) a claim or defense in litigation commenced
                before the date of the appointment of the Corporation
                as receiver or conservator for the insured depository
                institution;
                    ``(D) a claim or defense, filed at any time, based
                on alleged intentional torts or alleged violation of
                State or Federal law, if--
                            ``(i) the party asserting the claim or
                        defense demonstrates that the party did not--
                                    ``(I) participate in a scheme to
                                defraud the subject insured depository
                                institution; or
                                    ``(II) knowingly lend itself to a
                                scheme to mislead bank examiners by
                                misrepresenting the value of the assets
                                of the institution; and
                            ``(ii) any oral representations relied upon
                        are not in conflict with a written agreement
                        contained in the records of the institution.
            ``(3) Status as holder in due course.--Except as otherwise
        provided in paragraph (1), any other provision of Federal
        statutory law, or applicable State law, the Corporation may not
        defeat a claim related to an asset by demonstrating that the
        asset was acquired in good faith, for value, and without actual
        knowledge of the claim, unless the Corporation also
        demonstrates that the asset was not acquired by the Corporation
        upon its appointment as conservator or receiver or as part of a
        purchase and assumption transaction.
            ``(4) Exception for vendor agreements.--Subsection (e)(1)
        does not apply to an agreement for the sale or purchase of
        goods or services actually received by or delivered to an
        insured depository institution before the date of appointment
        of a receiver for that institution.''.

SEC. 4. REPEAL.

    Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C.
1821(d)) is amended--
            (1) by striking paragraph (9); and
            (2) by redesignating paragraphs (10) through (19) as
        paragraphs (9) through (18), respectively.

SEC. 5. CONFORMING AMENDMENTS.

    Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is
amended--
            (1) in subsection (e)--
                    (A) in paragraph (8)(A), by striking ``subsection
                (d)(9) of this section and'';
                    (B) in paragraph (8)(B), by striking ``(12)'' and
                inserting ``(11)''; and
                    (C) in paragraph (8)(E), by striking ``subsection
                (d)(9) of this section,''; and
            (2) in subsection (g)(4), by striking ``(d)(11)'' and
        inserting ``(d)(10)''.

SEC. 6. APPLICABILITY.

    Section 13(e) of the Federal Deposit Insurance Act, as amended by
this Act, shall apply to administrative claims brought or pending, and
any litigation filed, in progress, or on appeal, on or after October
19, 1993.

Output:
D'Oench Duhme Reform Act - Amends the Federal Deposit Insurance Corporation Act to revise its D'Oench Duhme provisions which render unenforceable against the Federal Deposit Insurance Corporation (FDIC) in its capacity as receiver of an insured depository institution any secret side agreements not recorded in the institution's records. Declares that an agreement against the interests of the FDIC in its capacity as receiver is not enforceable against it unless the agreement is in writing and was executed by the insured depository institution in the ordinary course of business.
Declares that no court may prohibit the adjudication of specified types of claims and defenses against the FDIC in its capacity as receiver of an insured depository institution, including certain intentional tort claims and other claims that do not relate to specific assets acquired by the FDIC.
Declares that, except as otherwise provided by Federal or State law, the FDIC may not defeat a claim related to an asset by demonstrating that it acquired the asset as a holder in due course without actual knowledge of the claim, unless it also demonstrates that the asset was not acquired upon its appointment as conservator or receiver or as part of a purchase and assumption transaction.  Excepts from this provision vendor agreements for the sale or purchase of goods or services delivered to an insured depository institution before the appointment of a receiver for such institution.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hood Bay Land Exchange Act of
1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
        (1) The Alaska National Interest Lands Conservation Act
    established the Admiralty Island National Monument which is managed
    by the Secretary of Agriculture, by and through the Forest Service.
        (2) The Forest Service has established a policy of encouraging
    the acquisition of private land inholdings within Admiralty Island
    National Monument on a willing buyer/willing seller basis. Congress
    has supported this policy, for example by passage of the Greens
    Creek Land Exchange Act of 1996 which provided for a land exchange
    of certain public and private lands in Admiralty Island National
    Monument.
        (3) Lands owned by Alaska Pulp Corporation, consisting of 54
    acres, more or less, located in Hood Bay on Admiralty Island within
    the boundaries of the Kootznoowoo Wilderness are available for
    transfer to Federal ownership on a willing seller/willing buyer
    basis. The acquisition of these lands would provide Federal
    ownership of this valuable land in a critical area of Admiralty
    Island National Monument.
        (4) The United States is the owner of certain reversionary
    interests to 143.87 acres, more or less, located adjacent to Silver
    Bay near Sitka, Alaska, which interests were reserved in patent No.
    1213671 issued to the Alaska Pulp Corporation on October 18, 1960.
    The transfer of the reversionary interests of the United States in
    such lands adjacent to Silver Bay to the Alaska Pulp Corporation
    would facilitate future use and development of that land.
        (5) The future acquisition by the United States of the Chaik
    Bay property on Admiralty Island to be incorporated into the
    Kootznoowoo Wilderness would be in the public interest.

SEC. 3. DEFINITIONS.

    As used in this Act:
        (1) The term ``ANILCA'' means the Alaska National Interest
    Lands Conservation Act (16 U.S.C. 3101 et seq.).
        (2) The term ``Company'' means the Alaska Pulp Corporation, an
    Alaska corporation, its successors, and assigns.
        (3) The term ``Company Property'' means the property depicted
    on United States Survey Plat 1058 approved March 20, 1917,
    consisting of approximately 54 acres of land.
        (4) The term ``Federal Property'' means the reversionary
    interest of the United States described in paragraphs (6) and (7)
    of the patent dated October 18, 1960, granted by the Bureau of Land
    Management to Alaska Lumber & Pulp Co., which was recorded at Book
    15, Pages 271-273, Sitka Recording District on November 9, 1960.
    The term ``Federal Property'' does not include the interests
    described in paragraphs (1) through (5) of the said patent.
        (5) The term ``Monument'' means the Admiralty Island National
    Monument, which was established by section 503 of ANILCA and which
    is managed by the Secretary of Agriculture as a unit of the
    National Forest System.
        (6) The term ``Secretary'' means the Secretary of Agriculture.
        (7) The term ``Sitka'' means the city and borough of Sitka,
    Alaska, a home-rule borough formed in accordance with the laws of
    the State of Alaska.
        (8) The term ``Sitka Property'' means the property depicted on
    the maps entitled ``Sitka Property'', dated August 29, 1997,
    consisting of approximately 49 acres of land.

SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.

    (a) Exchange of Company and Federal Property.--After the Company
conveys to the United States, by general warranty deed, all right,
title, and interest of the Company in and to the Company Property, the
Secretary shall within 60 days of acceptance of delivery of said deed,
unconditionally and without limitation except as provided herein,
relinquish to the Company all right, title, and interest of the United
States in and to the Federal Property and shall evidence that
relinquishment by conveying to the Company a quitclaim deed to the
Federal Property.
    (b) Relinquishment of Property to Sitka.--Upon relinquishment of
the Federal Property to the Company under subsection (a), the Company
shall transfer all right, title, and interest of the Company in the
Sitka Property to Sitka.
    (c) Availability of Maps.--The maps referred to in section 3(3)
depicting the Company Property and in section 3(4) depicting the
Federal Property shall be on file and available for public inspection
in the Office of the Forest Supervisor, Chatham Area, Tongass National
Forest, in Sitka, Alaska. The maps referred to in section 3(8)
depicting the Sitka Property shall be on file and available for public
inspection in the Office of the Manager of the city and borough of
Sitka, Alaska, until the conveyance described in subsection (b), at
which time the maps shall be recorded along with the deed.

SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND
              EXCHANGE.

    (a) Surveys.--Notwithstanding any other provision of law, the
Secretary of the Interior may conduct and approve all cadastral surveys
that are necessary for completion of the exchange. The cost of any
surveys shall be borne by the Company.
    (b) Equal Value Exchange.--The values of the Federal Property and
the Company Property are deemed to be of equal value.
    (c) Administration.--The Secretary is directed to implement and
administer the rights and obligations of the United States under this
Act.
    (d) Cleanup Obligations.--Nothing in this Act shall impact or alter
the Company's rights, duties, and obligations regarding investigation,
remediation, cleanup, and restoration under its September 10, 1995,
Commitment Agreement with the State of Alaska or other applicable law.
The Company shall use its property consistent with all restrictive
covenants, including those restrictive covenants recorded on September
4, 1997.
    (e) Title Standards.--Title to the Company Property to be conveyed
to the United States shall be acceptable to the Secretary consistent
with the title review standard of the Attorney General of the United
States.

SEC. 6. GENERAL PROVISIONS.

    (a) Management of Company Property.--Upon acquisition of the
Company Property by the United States pursuant to this Act, said
property shall be managed as a part of the Admiralty Island National
Monument and the Kootznoowoo Wilderness.
    (b) Authorization To Negotiate for Acquisition of Property.--In
furtherance of the purposes of the Kootznoowoo Wilderness, the
Secretary, acting through the Forest Service, is authorized to enter
into negotiations with the owners of private property in Chaik Bay on
Admiralty Island, with the objective of acquiring such property. The
Secretary is authorized to enter into an option to purchase or an
exchange agreement with the owners of such property to be effected
either through existing administrative mechanisms provided by law and
regulation, or by subsequent ratification by Act of Congress.

                               Speaker of the House of Representatives.

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

Output: Hood Bay Land Exchange Act of 1997 - Provides for:  (1) the relinquishment, by quitclaim deed, of the reversionary interest of the United States in specified Federal land in Sitka, Alaska, to the Alaska Pulp Corporation in exchange, by general warranty deed, for specified Corporation property located within the Admiralty Island National Monument; and (2) the Corporation's transfer of specified property to Sitka. Deems the values of the Federal Property and the Corporation's Property to be equal. States that nothing in this Act shall impact or alter the Corporation's rights, duties, and obligations regarding investigation, remediation, cleanup, and restoration under its September 10, 1995, Commitment Agreement with the State of Alaska or other applicable law. Requires the Corporation Property acquired by the United States to be managed as a part of the Admiralty Island National Monument and the Kootznoowoo Wilderness. Authorizes the Secretary of Agriculture, acting through the Forest Service, to negotiate with the owners of private property in the Chaik Bay on Admiralty Island, with the objective of acquiring such property. Allows the Secretary to enter into an option to purchase or an exchange agreement with such property owners to be effected either through existing administrative mechanisms provided by law and regulation, or by subsequent ratification by Act of Congress.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scott Campbell, Stephanie Roper,
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights
Act''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    (a) Amendment to Title 18.--Part II of title 18, United States
Code, is amended by adding at the end the following:

                  ``CHAPTER 237--CRIME VICTIMS' RIGHTS

``Sec.
``3771. Crime victims' rights.
``Sec. 3771. Crime victims' rights
    ``(a) Rights of Crime Victims.--A crime victim has the following
rights:
            ``(1) The right to be reasonably protected from the
        accused.
            ``(2) The right to reasonable, accurate, and timely notice
        of any public proceeding involving the crime or of any release
        or escape of the accused.
            ``(3) The right not to be excluded from any such public
        proceeding.
            ``(4) The right to be reasonably heard at any public
        proceeding involving release, plea, or sentencing.
            ``(5) The right to confer with the attorney for the
        Government in the case.
            ``(6) The right to full and timely restitution as provided
        in law.
            ``(7) The right to proceedings free from unreasonable
        delay.
            ``(8) The right to be treated with fairness and with
        respect for the victim's dignity and privacy.
    ``(b) Rights Afforded.--In any court proceeding involving an
offense against a crime victim, the court shall ensure that the crime
victim is afforded the rights described in subsection (a). The reasons
for any decision denying relief under this chapter shall be clearly
stated on the record.
    ``(c) Best Efforts to Accord Rights.--
            ``(1) Government.--Officers and employees of the Department
        of Justice and other departments and agencies of the United
        States engaged in the detection, investigation, or prosecution
        of crime shall make their best efforts to see that crime
        victims are notified of, and accorded, the rights described in
        subsection (a).
            ``(2) Conflict.--In the event of any material conflict of
        interest between the prosecutor and the crime victim, the
        prosecutor shall advise the crime victim of the conflict and
        take reasonable steps to direct the crime victim to the
        appropriate legal referral, legal assistance, or legal aid
        agency.
            ``(3) Notice.--Notice of release otherwise required
        pursuant to this chapter shall not be given if such notice may
        endanger the safety of any person.
    ``(d) Enforcement and Limitations.--
            ``(1) Rights.--The crime victim, the crime victim's lawful
        representative, and the attorney for the Government may assert
        the rights established in this chapter. A person accused of the
        crime may not obtain any form of relief under this chapter.
            ``(2) Multiple crime victims.--In a case where the court
        finds that the number of crime victims makes it impracticable
        to accord all of the crime victims the rights contained in this
        chapter, the court shall fashion a procedure to give effect to
        this chapter.
            ``(3) Writ of mandamus.--If a Federal court denies any
        right of a crime victim under this chapter or under the Federal
        Rules of Criminal Procedure, the Government or the crime victim
        may apply for a writ of mandamus to the appropriate court of
        appeals. The court of appeals shall take up and decide such
        application forthwith and shall order such relief as may be
        necessary to protect the crime victim's ability to exercise the
        rights.
            ``(4) Error.--In any appeal in a criminal case, the
        Government may assert as error the district court's denial of
        any crime victim's right in the proceeding to which the appeal
        relates.
            ``(5) New trial.--In no case shall a failure to afford a
        right under this chapter provide grounds for a new trial.
            ``(6) No cause of action.--Nothing in this chapter shall be
        construed to authorize a cause of action for damages.
    ``(e) Definitions.--For the purposes of this chapter, the term
`crime victim' means a person directly and proximately harmed as a
result of the commission of a Federal offense. In the case of a crime
victim who is under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardians of the crime victim or the
representatives of the crime victim's estate, family members, or any
other persons appointed as suitable by the court, may assume the crime
victim's rights under this chapter, but in no event shall the defendant
be named as such guardian or representative.
    ``(f) Procedures to Promote Compliance.--
            ``(1) Regulations.--Not later than 1 year after the date of
        enactment of this chapter, the Attorney General of the United
        States shall promulgate regulations to enforce the rights of
        crime victims and to ensure compliance by responsible officials
        with the obligations described in law respecting crime victims.
            ``(2) Contents.--The regulations promulgated under
        paragraph (1) shall--
                    ``(A) establish an administrative authority within
                the Department of Justice to receive and investigate
                complaints relating to the provision or violation of
                the rights of a crime victim;
                    ``(B) require a course of training for employees
                and offices of the Department of Justice that fail to
                comply with provisions of Federal law pertaining to the
                treatment of crime victims, and otherwise assist such
                employees and offices in responding more effectively to
                the needs of crime victims;
                    ``(C) contain disciplinary sanctions, including
                suspension or termination from employment, for
                employees of the Department of Justice who willfully or
                wantonly fail to comply with provisions of Federal law
                pertaining to the treatment of crime victims; and
                    ``(D) provide that the Attorney General, or the
                designee of the Attorney General, shall be the final
                arbiter of the complaint, and that there shall be no
                judicial review of the final decision of the Attorney
                General by a complainant.''.
    (b) Table of Chapters.--The table of chapters for part II of title
18, United States Code, is amended by inserting at the end the
following:

``237. Crime victims' rights................................    3771''.
    (c) Repeal.--Section 502 of the Victims' Rights and Restitution Act
of 1990 (42 U.S.C. 10606) is repealed.

SEC. 3. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.

    (a) Crime Victims Legal Assistance Grants.--The Victims of Crime
Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after
section 1404C the following:

``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.

    ``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public and private entities, to develop, establish,
and maintain programs for the enforcement of crime victims' rights as
provided in law.
    ``(b) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
    (b) Authorization of Appropriations.--In addition to funds made
available under section 1402(d) of the Victims of Crime Act of 1984,
there are authorized to be appropriated to carry out this Act--
            (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each
        of fiscal years 2006, 2007, 2008, and 2009 to United States
        Attorneys Offices for Victim/Witnesses Assistance Programs;
            (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each
        of the fiscal years 2006, 2007, 2008, and 2009, to the Office
        for Victims of Crime of the Department of Justice for
        enhancement of the Victim Notification System;
            (3) $300,000 in fiscal year 2005 and $500,000 for each of
        the fiscal years 2006, 2007, 2008, and 2009, to the Office for
        Victims of Crime of the Department of Justice for staff to
        administer the appropriation for the support of the National
        Crime Victim Law Institute or other organizations as designated
        under paragraph (4);
            (4) $7,000,000 for fiscal year 2005 and $11,000,000 for
        each of the fiscal years 2006, 2007, 2008, and 2009, to the
        Office for Victims of Crime of the Department of Justice, for
        the support of--
                    (A) the National Crime Victim Law Institute and the
                establishment and operation of the Institute's programs
                to provide counsel for victims in criminal cases for
                the enforcement of crime victims' rights in Federal
                jurisdictions, and in States and tribal governments
                that have laws substantially equivalent to the
                provisions of chapter 237 of title 18, United States
                Code; or
                    (B) other organizations substantially similar to
                that organization as determined by the Director of the
                Office for Victims of Crime.
    (c) Increased Resources to Develop State-of-the-Art Systems for
Notifying Crime Victims of Important Dates and Developments.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404D the following:

``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.

    ``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public or private entities, to develop and implement
state-of-the-art systems for notifying victims of crime of important
dates and developments relating to the criminal proceedings at issue in
a timely and efficient manner, provided that the jurisdiction has laws
substantially equivalent to the provisions of chapter 237 of title 18,
United States Code.
    ``(b) Integration of Systems.--Systems developed and implemented
under this section may be integrated with existing case management
systems operated by the recipient of the grant.
    ``(c) Authorization of Appropriations.--In addition to funds made
available under section 1402(d), there are authorized to be
appropriated to carry out this section--
            ``(1) $5,000,000 for fiscal year 2005; and
            ``(2) $5,000,000 for each of the fiscal years 2006, 2007,
        2008, and 2009.
    ``(d) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.

SEC. 4. REPORTS.

    (a) Administrative Office of the United States Courts.--Not later
than 1 year after the date of enactment of this Act and annually
thereafter, the Administrative Office of the United States Courts, for
each Federal court, shall report to Congress the number of times that a
right established in chapter 237 of title 18, United States Code, is
asserted in a criminal case and the relief requested is denied and,
with respect to each such denial, the reason for such denial, as well
as the number of times a mandamus action is brought pursuant to chapter
237 of title 18, and the result reached.
    (b) General Accounting Office.--
            (1) Study.--The Comptroller General shall conduct a study
        that evaluates the effect and efficacy of the implementation of
        the amendments made by this Act on the treatment of crime
        victims in the Federal system.
            (2) Report.--Not later than 3 years after the date of
        enactment of this Act, the Comptroller General shall prepare
        and submit to the appropriate committees a report containing
        the results of the study conducted under subsection (a).

Output:
Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to provide that a crime victim has the following rights: (1) to be reasonably protected from the accused; (2) to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused and to not be excluded from any such proceeding; (3) to be reasonably heard at any public proceeding involving release, plea, or sentencing; (4) to confer with the attorney for the Government in the case; (5) to full and timely restitution as provided in law; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and with respect for the victim's dignity and privacy. Directs: (1) the court to ensure that a victim is afforded these rights; (2) officers and employees of Federal agencies engaged in the detection, investigation, or prosecution of crime to make their best efforts to see that victims are notified of, and accorded, these rights; and (3) the Attorney General to promulgate regulations to enforce victims' rights and to ensure compliance by responsible officials with the obligations respecting crime victims.

Amends the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to make grants to: (1) develop, establish, and maintain programs for the enforcement of victims' rights; and (2) develop and implement state-of-the-art systems for notifying victims of important dates and developments relating to criminal proceedings.

Requires: (1) the Administrative Office of the United States Courts to report annually on the number of times such victims' rights are asserted and the relief requested is denied; and (2) the Comptroller General to evaluate the effect of this Act on the treatment of victims.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Campaign Finance Improvement Act of
1998''.

SEC. 2. MANDATORY ELECTRONIC PRESERVATION AND FILING OF FEDERAL
              ELECTION COMMISSION REPORTS; ACCESS THROUGH INTERNET
              SITE.

    (a) Electronic Filing Through the Internet.--Section 304(a)(11) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is
amended to read as follows:
    ``(11)(A) Through a competitive bidding process, the Commission
shall establish a public Internet site not later than January 1, 1999,
with the following features:
            ``(i) Any person filing a report required by this Act may
        post the report directly on the site.
            ``(ii) Any member of the public may obtain the reports
        posted on the site (together with any other information the
        Commission may make available through the site) at any time.
            ``(iii) Any information in a report posted on the site
        shall be subject to the same prohibition on sale and use as
        information from a report or statement under paragraph (4).
            ``(iv) All information posted on the site shall be
        integrated in a manner which permits users to search the
        information across categories and sources.
    ``(B) Each person required to file a report under this Act shall
file the report by posting it directly on the Internet site established
under subparagraph (A), or by filing it by such electronic method as
the Commission may designate to enable the Commission to post the
report on such site immediately upon receipt.
    ``(C) The Commission shall provide for one or more methods (other
than requiring a signature on the report being filed) for verification
of reports filed in accordance with the methods described in
subparagraph (B). Any verification under the preceding sentence shall
be treated for all purposes (including penalties for perjury) in the
same manner as a verification by signature.
    ``(D) As used in this paragraph, the term ``report'' means, with
respect to the Commission, a report, designation, or statement required
by this Act to be filed with the Commission.''.
    (b) Requiring Commission To Make Software Available.--Section
311(a) of such Act (2 U.S.C. 438(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) through competitive bidding, obtain and provide for
        computer software required to carry out section 304(a)(11).''.
    (c) Internet Defined.--Section 301 of such Act (2 U.S.C. 431) is
amended by striking paragraph (19) and inserting the following new
paragraph:
    ``(19) The term `Internet' means the international computer network
of both Federal and non-Federal interoperable packet-switched data
networks.''.

SEC. 3. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS.

    (a) Requiring Reporting of All Contributions of $200 or More Within
10 Days of Receipt.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) is amended by adding at the end the following
new subsection:
    ``(d)(1) Each political committee which receives a contribution of
$200 or more shall notify the Commission of the contribution not later
than 10 days after receipt, and shall include the identification of the
contributor, the date of receipt and amount of the contribution, and
(in the case of an authorized committee of a candidate) the name of the
candidate and the office sought by the candidate.
    ``(2) The report required under this subsection shall be in
addition to all other reports required under this Act.''.
    (b) Expanding Types of Contributions to Principal Campaign
Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of
such Act (2 U.S.C. 434(a)(6)(A)) is amended--
            (1) by striking ``$1,000'' and inserting ``$200''; and
            (2) by striking ``20th day'' and inserting ``90th day''.

SEC. 4. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY HOUSE
              CANDIDATES TO COME FROM IN-STATE RESIDENTS.

    Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
    ``(i)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not accept
contributions with respect to an election from persons other than
individuals residing in the State involved totaling in excess of the
aggregate amount of contributions accepted with respect to the election
from individuals residing in the State involved.
    ``(2) Paragraph (1) shall not apply with respect to contributions
from a political committee of a national, State, or local political
party (including any subordinate committee thereof).''.

SEC. 5. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
              IDENTIFICATION OF CONTRIBUTORS.

    Section 302(i) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(i)) is amended--
            (1) by striking ``(i) When the treasurer'' and inserting
        ``(i)(1) Except as provided in paragraph (2), when the
        treasurer''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.

SEC. 6. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS.

    Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441g) is amended by striking ``exceed $100'' and inserting ``exceed
$20''.

SEC. 7. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.

    Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a) is amended by adding at the end the following new
paragraph:
    ``(9)(A) For purposes of the limitations imposed by this section,
any contribution made by a dependent minor shall be treated as follows:
            ``(i) If the dependent minor is the dependent of one other
        individual, the contribution shall be treated as a contribution
        made by such other individual.
            ``(ii) If the dependent minor is the dependent of another
        individual and such other individual's spouse, the contribution
        shall be allocated among such individuals in such manner as
        such other individuals may determine.
    ``(B) In this paragraph, the term `dependent minor' means an
individual who--
            ``(i) is a dependent of another individual; and
            ``(ii) has not, as of the time of making the contribution
        involved, attained the legal age for voting in elections for
        Federal office in the State in which such individual
        resides.''.

SEC. 8. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS
              IN CONNECTION WITH FEDERAL ELECTIONS.

    Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully
admitted'' and all that follows and inserting a period.

SEC. 9. MANDATORY SUBMISSION OF MONTHLY REPORTS BY NATIONAL POLITICAL
              PARTY COMMITTEES.

    Section 304(a)(4)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)(4)(B)) is amended--
            (1) by striking ``monthly reports'' and inserting ``in the
        case of a national committee of a political party and any other
        political committee (other than an authorized committee of a
        candidate) not filing quarterly reports under subparagraph (A),
        monthly reports''; and
            (2) by striking the period at the end and inserting the
        following: ``except that in the case of a national committee of
        a political party, the committee shall file the reports due in
        November and December of such year together with such a pre-
        general election report, post-general election report, and year
        end report.''.

SEC. 10. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
              POLITICAL PARTIES.

    (a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
            (1) by striking ``and'' at the end of subparagraph (H);
            (2) by adding ``and'' at the end of subparagraph (I); and
            (3) by adding at the end the following new subparagraph:
                    ``(J) in the case of a political committee of a
                national political party, all funds transferred to any
                political committee of a State or local political
                party, without regard to whether or not the funds are
                otherwise treated as contributions or expenditures
                under this title;''.
    (b) Disclosure by State Political Parties of Information Reported
Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by
section 3(a), is further amended by adding at the end the following new
subsection:
    ``(e) If a political committee of a State political party is
required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.

SEC. 11. UNION DISCLOSURE.

    (a) In General.--Section 201(b) of the Labor Management Reporting
and Disclosure Act of 1959 (29 U.S.C. 431(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (5); and
            (2) by adding at the end the following:
            ``(7) an itemization of amounts spent by the labor
        organization for--
                    ``(A) contract negotiation and administration;
                    ``(B) organizing activities;
                    ``(C) strike activities;
                    ``(D) political activities;
                    ``(E) lobbying and promotional activities; and
                    ``(F) market recovery and job targeting programs;
                and
            ``(8) all transactions involving a single source or payee
        for each of the activities described in subparagraphs (A)
        through (F) of paragraph (7) in which the aggregate cost
        exceeds $10,000.''.
    (b) Computer Network Access.--Section 201(c) of the Labor
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is
amended by inserting ``including availability of such reports via a
public Internet site or another publicly accessible computer network,''
after ``its members,''.
    (c) Reporting by Secretary.--Section 205(a) of the Labor Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 435(a)) is amended by
inserting after ``and the Secretary'' the following: ``shall make the
reports and documents filed pursuant to section 201(b) available via a
public Internet site or another publicly accessible computer network.
The Secretary''.

SEC. 12. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR
              POLITICAL ACTIVITIES.

    (a) In General.--Section 316 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441b) is amended by adding at the end the following
new subsection:
    ``(c)(1) Except with the separate, prior, written, voluntary
authorization of each individual, it shall be unlawful--
            ``(A) for any national bank or corporation described in
        this section to collect from or assess its stockholders or
        employees any dues, initiation fee, or other payment as a
        condition of employment if any part of such dues, fee, or
        payment will be used for political activity in which the
        national bank or corporation is engaged; and
            ``(B) for any labor organization described in this section
        to collect from or assess its members or nonmembers any dues,
        initiation fee, or other payment if any part of such dues, fee,
        or payment will be used for political activity in which the
        labor organization is engaged.
    ``(2) An authorization described in paragraph (1) shall remain in
effect until revoked and may be revoked at any time. Each entity
collecting from or assessing amounts from an individual with an
authorization in effect under such paragraph shall provide the
individual with a statement that the individual may at any time revoke
the authorization.
    ``(3) For purposes of this subsection, the term `political
activity' means any activity carried out for the purpose of influencing
(in whole or in part) any election for Federal office, influencing the
consideration or outcome of any Federal legislation or the issuance or
outcome of any Federal regulations, or educating individuals about
candidates for election for Federal office or any Federal legislation,
law, or regulations.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts collected or assessed on or after the date of the
enactment of this Act.

SEC. 13. SOLICITATIONS BY TRADE ASSOCIATIONS OF SHAREHOLDERS AND
              PERSONNEL OF MEMBER CORPORATIONS.

    Section 316(b)(4)(D) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441b(b)(4)(D)) is amended by striking ``to the extent that''
and all that follows and inserting a period.

SEC. 14. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall
apply with respect to elections and transactions occurring after
December 31, 1998.

Output:
Campaign Finance Improvement Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require the Federal Election Commission to:  (1) establish a specified public Internet site by January 1, 1999; (2) permit persons required to file reports under FECA to file such reports by directly posting them on the Internet site or by filing them electronically to enable the Commission to post reports on such site immediately upon receipt; (3) provide for one or more methods (other than requiring a signature on the reports being filed) for verification of reports filed in accordance with the methods described in the preceding; and (4) obtain and provide for computer software required to carry out this Act through competitive bidding.
(Sec. 3) Requires each political committee which receives a contribution of $200 or more to report the contribution not later than ten days after receipt and include the contributor's identification, the date of receipt and the contribution amount, and (in the case of a candidate's authorized committee) the candidate's name and the office sought by the candidate.
Expands the types of contributions required to be reported by principal campaign committees and changes the deadline for reporting such contributions by any authorized committee of a candidate.
(Sec. 4) Prohibits House of Representatives candidates from accepting contributions in an election from persons other than in-State residents totaling in excess of the aggregate amount of contributions accepted in the election from such residents, with the exception of contributions from national, State, and local political parties.
(Sec. 5) Waives the "best efforts" exception with respect to information on the identification of any person who makes a contribution or contributions aggregating more than $200 in a year.
(Sec. 6) Lowers the threshold for U.S. and foreign cash contributions from $100 to $20.
(Sec. 7) Sets forth requirements for the treatment of contributions made by dependent minors.
(Sec. 8) Redefines foreign national to include any individual who is not a U.S. citizen, whether in the U.S. lawfully or unlawfully.
(Sec. 9) Requires the submission of monthly reports by national political party committees and any other political committees (other than candidates' authorized committees) not filing quarterly reports.
Requires national political party committees to file the reports due in November and December of any year in which a regularly scheduled general election is held, together with the pre-general election report, post-general election report, and year end report.
(Sec. 10) Requires the disclosure of all fund transfers by national political parties to State and local political parties, without regard to whether or not the funds are otherwise treated as contributions or expenditures.
Requires disclosure by State political parties of disbursements required to be reported under State or local law.
(Sec. 11) Amends the Labor Management Reporting and Disclosure Act of 1959 to:  (1) require the inclusion of specified expenditures in the annual financial reports of labor organizations; and (2) make information contained in labor organization reports and annual financial reports available via a public Internet site or another publicly accessible computer network.
(Sec. 12) Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for:  (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged.
States that an authorization shall remain in effect until revoked and may be revoked at any time.  Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
(Sec. 13) Removes the conditions on the solicitation of contributions by trade associations from shareholders and personnel (and their families) of member corporations of such associations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Highway Construction Private
Investment Act of 1993''.

SEC. 2. INCLUSION OF INTERSTATE SYSTEM IN TOLL ROAD PROGRAM.

    Section 129(a)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (A) by striking ``(other than a
        highway, bridge, or tunnel on the Interstate System)''; and
            (2) in subparagraph (D) by striking ``(other than a highway
        on the Interstate System)''.

SEC. 3. MINIMUM OBLIGATIONS FOR PRIVATELY FINANCED TOLL FACILITIES.

    Section 129 of title 23, United States Code, is amended by adding
at the end the following new subsection:
    ``(e) Private Participation in Financing of Toll Facilities.--
            ``(1) Minimum obligations.--
                    ``(A) General rule.--In order not to have funds
                withheld under paragraph (2), each State shall enter
                into in each fiscal year beginning after September 30,
                1993, under subsection (a) contracts with private
                persons to finance construction of toll facilities
                which require the private persons to obligate under
                such contracts in the aggregate an amount equal to or
                exceeding the State's aggregate apportionment amount
                for such fiscal year.
                    ``(B) Aggregate apportionment amount defined.--As
                used in this subsection, the term `aggregate
                apportionment amount' means--
                            ``(i) in the case of fiscal year 1994, 15
                        percent of the aggregate amount of funds
                        apportioned to the State for fiscal year 1994
                        under sections 104, 144, 157, and 160 of this
                        title and sections 1013(c) and 1015 of the
                        Intermodal Surface Transportation Efficiency
                        Act of 1991;
                            ``(ii) in the case of fiscal year 1995, 20
                        percent of the aggregate amount of funds
                        apportioned to the State for fiscal year 1995
                        under such sections; and
                            ``(iii) in the case of fiscal year 1996 and
                        thereafter, 25 percent of the aggregate amount
                        of funds apportioned to the State for the
                        fiscal year under such sections.
            ``(2) Withholding of apportionments.--
                    ``(A) In general.--If a State does not enter into
                contracts described in paragraph (1) in a fiscal year
                which require private persons to obligate under such
                contracts an aggregate amount equal to or exceeding the
                State's aggregate apportionment for such fiscal year,
                the Secretary shall withhold from apportionment under
                sections 104, 144, 157, and 160 of this title and
                sections 1013(c) and 1015 of the Intermodal Surface
                Transportation Efficiency Act of 1991 on the first day
                of the succeeding fiscal year an amount equal to the
                difference between the aggregate apportionment amount
                and the amount required to be obligated under such
                contracts.
                    ``(B) Treatment.--The amount to be withheld from
                apportionment to a State under subparagraph (A) shall
                be withheld proportionately from each of the
                apportionments to the State under the sections referred
                to under subparagraph (A).
            ``(3) Obligation authority.--
                    ``(A) Treatment of withheld apportionments;
                corresponding obligation authority.--For purposes of
                imposition of any limitation on obligations for
                Federal-aid highways and highway safety construction
                programs, funds withheld from apportionment to a State
                under paragraph (2) for a fiscal year shall be treated
                as having been apportioned to the State for the fiscal
                year; except that obligation authority under such
                limitation corresponding to the funds so withheld from
                apportionment shall be distributed in accordance with
                subparagraph (B).
                    ``(B) Distribution of obligation authority.--
                Obligation authority corresponding to funds withheld
                from apportionment under paragraph (2) shall be--
                            ``(i) distributed to the State from which
                        such funds were withheld if the Secretary finds
                        under paragraph (4) that the State made good
                        faith efforts to enter into contracts described
                        in paragraph (1); or
                            ``(ii) distributed proportionately among
                        the States to which such funds are apportioned
                        under paragraph (5) if the Secretary does not
                        make such a finding.
            ``(4) Apportionment of withheld funds.--If, before October
        31 of such fiscal year, a State from which funds are withheld
        from apportionment for a fiscal year under paragraph (2)
        demonstrates to the satisfaction of the Secretary that it used
        good faith efforts to enter into contracts described in
        paragraph (1) in the preceding fiscal year which require
        private persons to obligate an aggregate amount which equals or
        exceeds the State's aggregate apportionment amount for such
        fiscal year, the Secretary shall apportion, on the date of
        making such finding, to the State the withheld funds.
            ``(5) Reapportionment of withheld funds.--
                    ``(A) In general.--If, before October 31 of a
                fiscal year, the Secretary does not find that a State
                made the good faith efforts referred to in paragraph
                (4), the Secretary shall apportion, not later than
                November 10 of such fiscal year, the funds withheld
                from apportionment to the State among those States
                which entered into contracts described in paragraph (1)
                in the preceding fiscal year which required private
                persons to obligate an aggregate amount exceeding those
                State's respective aggregate apportionment amounts for
                such fiscal year. Such funds shall be apportioned among
                such States so that each of such States is apportioned
                an amount determined by multiplying the amount of funds
                withheld from apportionment and the quotient of--
                            ``(i) the percentage by which--
                                    ``(I) the aggregate amount which
                                was actually required to be obligated
                                by private persons under contracts
                                described in paragraph (1) and entered
                                into in the preceding fiscal year with
                                the State for which determination is
                                being made; exceeds
                                    ``(II) the aggregate apportionment
                                amount for the preceding fiscal year of
                                the State for which the determination
                                is being made; divided by
                            ``(ii) the aggregate of all such
                        percentages for all such States.
                    ``(B) Transfer to stp apportionment.--Subject to
                subparagraph (C), the Secretary shall transfer amounts
                apportioned to a State under this paragraph to the
                apportionment of such State under section 104(b)(3) for
                the surface transportation program.
                    ``(C) Limitation on applicability of certain
                requirements of stp program.--The following provisions
                of section 133 of this title shall not apply to the
                amounts transferred under subparagraph (B) to the
                apportionment of the State for the surface
                transportation program:
                            ``(i) Subsection (d)(1).
                            ``(ii) Subsection (d)(2).
                            ``(iii) Subsection (d)(3).''.

Output:
Highway Construction Private Investment Act of 1993 - Directs the Secretary of Transportation to permit Federal participation in initial construction of any toll highway, bridge, or tunnel on the Interstate System and in the reconstruction of a toll-free Federal-aid highway on the Interstate System and its conversion to a toll facility.
Requires each State, to avoid having specified Federal highway funds withheld from apportionment, to enter into contracts with private persons to finance construction of toll facilities which require such persons to obligate under such contracts, in the aggregate, an amount equal to or exceeding the State's aggregate apportionment amount for the fiscal year.
Sets forth provisions regarding the reapportionment of withheld funds.