Input:
SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Energy Employees
Occupational Illness Compensation Program Designation of
Responsibilities Act''.
    (b) Findings.--
            (1) Since World War II, hundreds of thousands of men and
        women have served the Nation in building its nuclear defense.
        In the course of their work, they overcame previously
        unimagined scientific and technical challenges. However,
        thousands of these courageous Americans paid a high price for
        their service, developing disabling or fatal illnesses as a
        result of exposure to silica, beryllium, ionizing radiation,
        and other hazards unique to nuclear weapons production and
        testing.
            (2) Too often, these workers were neither adequately
        protected from, nor informed of, the occupational hazards to
        which they were exposed.
            (3) Over the past 20 years more than 2 dozen scientific
        findings have emerged that indicate that Department of Energy
        workers are experiencing increased risks of dying from cancer
        and nonmalignant diseases at numerous facilities that provided
        for the Nation's nuclear deterrent. Several of these studies
        also establish a correlation between excess diseases and
        exposure to silica, radiation, and beryllium.
            (4) Federal workers' compensation programs have generally
        not included these workers. Further, because of long latency
        periods, the uniqueness of the hazards to which they were
        exposed, and inadequate exposure data, many of these
        individuals have been unable to obtain State workers'
        compensation benefits. This problem has been exacerbated by the
        past policy of the Department of Energy and its predecessors of
        encouraging and assisting its contractors in opposing the
        claims of workers who sought those benefits.
            (5) The civilian men and women who performed duties
        uniquely related to the Department of Energy's nuclear weapons
        production program over the last 50 years should have
        efficient, uniform, and adequate compensation for beryllium-
        related health conditions, radiation-related health conditions,
        and silica-related health conditions in order to assure
        fairness and equity.
            (6) The Federal Government should provide necessary
        information and otherwise help employees of the Department of
        Energy or its contractors to determine if their illnesses are
        associated with conditions of their nuclear weapons-related
        work. It should provide workers and their survivors with all
        pertinent and available information necessary for evaluating
        and processing claims. It should also ensure that this program
        minimizes the administrative responsibilities to accomplish
        these goals.
            (7) This situation is sufficiently unique to the Department
        of Energy's nuclear weapons production program that it is
        appropriate for congressional action.

SEC. 2. ALLOCATION OF RESPONSIBILITIES FOR ADMINISTERING PROGRAM.

    (a) Secretary of Labor.--The Secretary of Labor shall have primary
responsibility for administering the Energy Employees Occupational
Illness Compensation Program (hereinafter in this Act referred to as
the ``Program'') established under section 3611 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as enacted by
Public Law 106-398; 114 Stat. 1654A-497) (hereinafter in this Act
referred to as the ``2000 Act''). Specifically, the Secretary shall
immediately and forthwith carry out the following with respect to the
Program:
            (1) Administer and decide all questions arising under the
        2000 Act not assigned to other agencies by that Act or this
Act, including determining the eligibility of individuals with covered
occupational illnesses and their survivors and adjudicating claims for
compensation and benefits.
            (2) Not later than May 31, 2001, promulgate regulations for
        the administration of the Program, except for functions
        assigned to other agencies pursuant to the 2000 Act or this
        Act.
            (3) Not later than July 31, 2001, ensure the availability,
        in paper and electronic format, of forms necessary for making
        claims under the Program.
            (4) Develop informational materials, in coordination with
        the Secretary of Energy and the Secretary of Health and Human
        Services, to help potential claimants understand the Program
        and the application process, and provide these materials to
        individuals upon request and to the Secretary of Energy and the
        Attorney General for dissemination to potentially eligible
        individuals.
    (b) Secretary of Health and Human Services.--The Secretary of
Health and Human Services shall carry out the following with respect to
the Program:
            (1) Not later than May 31, 2001, promulgate regulations
        establishing--
                    (A) guidelines, pursuant to section 3623(c) of the
                2000 Act, to assess the likelihood that an individual
                with cancer sustained the cancer in the performance of
                duty at a Department of Energy facility or an atomic
                weapons employer facility, as defined by that Act; and
                    (B) methods, pursuant to section 3623(d) of the
                2000 Act, for arriving at and providing reasonable
                estimates of the radiation doses received by
                individuals applying for assistance under the Program
                for whom there are inadequate records of radiation
                exposure.
            (2) In accordance with procedures developed by the
        Secretary of Health and Human Services, consider and issue
        determinations on petitions by classes of employees to be
        treated as members of the Special Exposure Cohort.
            (3) With the assistance of the Secretary of Energy, apply
        the methods promulgated under subsection (b)(1)(B) to estimate
        the radiation doses received by individuals applying for
        assistance.
            (4) Upon request from the Secretary of Energy, appoint
        members for a physician panel or panels to consider individual
        workers' compensation claims as part of the Worker Assistance
        Program under the process established pursuant to subsection
        (c)(5).
            (5) Provide the Advisory Board established under section 3
        with administrative services, funds, facilities, staff, and
        other necessary support services and perform the administrative
        functions of the President under the Federal Advisory Committee
        Act, as amended (5 U.S.C. App.), with respect to the Advisory
        Board.
    (c) Secretary of Energy.--The Secretary of Energy shall carry out
the following with respect to the Program:
            (1) Provide the Secretary of Health and Human Services and
        the Advisory Board on Radiation and Worker Health access, in
        accordance with law, to all relevant information pertaining to
        worker exposures, including access to restricted data, and any
        other technical assistance needed to carry out their
        responsibilities under subsection (b)(2) and section 3(b),
        respectively.
            (2) Upon request from the Secretary of Health and Human
        Services or the Secretary of Labor, and as permitted by law,
        require a Department of Energy contractor, subcontractor, or
        designated beryllium vendor, pursuant to section 3631(c) of the
        2000 Act, to provide information relevant to a claim under the
        Program.
            (3) Identify and notify potentially eligible individuals of
        the availability of compensation under the Program.
            (4) Designate, pursuant to sections 3621(4)(B) and 3622 of
        the 2000 Act, atomic weapons employers and additions to the
        list of designated beryllium vendors.
            (5) Pursuant to Subtitle D of the 2000 Act, negotiate
        agreements with the chief executive officer of each State in
        which there is a Department of Energy facility, and other
        States as appropriate, to provide assistance to a Department of
        Energy contractor employee on filing a State workers'
        compensation system claim, and establish a Worker Assistance
        Program to help individuals whose illness is related to
        employment in the Department of Energy's nuclear weapons
        complex, or the individual's survivor if the individual is
        deceased, in applying for State workers' compensation benefits.
        This assistance shall include--
                    (A) submittal of reasonable claims to a physician
                panel, appointed by the Secretary of Health and Human
                Services and administered by the Secretary of Energy,
under procedures established by the Secretary of Energy, for
determination of whether the individual's illness or death arose out of
and in the course of employment by the Department of Energy or its
contractors and exposure to a toxic substance at a Department of Energy
facility; and
                    (B) for cases determined by the physician panel and
                the Secretary of Energy under section 3661(d) and (e)
                of the 2000 Act to have arisen out of and in the course
                of employment by the Department of Energy or its
                contractors and exposure to a toxic substance at a
                Department of Energy facility, providing assistance to
                the individual in filing for workers' compensation
                benefits. The Secretary shall not contest these claims
                and, to the extent permitted by law, shall direct a
                Department of Energy contractor who employed the
                applicant not to contest the claims.
            (6) Report on the Worker Assistance Program by making
        publicly available on at least an annual basis claims-related
        data, including the number of claims filed, the number of
        illnesses found to be related to work at a Department of Energy
        facility, job location and description, and number of
        successful State workers' compensation claims awarded.
    (d) Attorney General.--The Attorney General shall carry out the
following with respect to the Program:
            (1) Develop procedures to notify, to the extent possible,
        each claimant (or the survivor of that claimant if deceased)
        whose claim for compensation under section 5 of the Radiation
        Exposure Compensation Act has been or is approved by the
        Department of Justice, of the availability of supplemental
        compensation and benefits under the Program.
            (2) Identify and notify eligible covered uranium employees
        or their survivors of the availability of supplemental
        compensation under the Program.
            (3) Upon request by the Secretary of Labor, provide
        information needed to adjudicate the claim of a covered uranium
        employee under the Program.

SEC. 3. ESTABLISHMENT OF ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

    (a) Establishment.--Pursuant to Public Law 106-398, there is hereby
established an Advisory Board on Radiation and Worker Health. The
Advisory Board shall consist of not more than 20 members to be
appointed by the President. Members shall include affected workers and
their representatives, and representatives from scientific and medical
communities. The President shall designate a Chair for the Board among
its members.
    (b) Duties.--The Advisory Board shall--
            (1) advise the Secretary of Health and Human Services on
        the development of guidelines under section 2(b)(1)(A);
            (2) advise the Secretary of Health and Human Services on
        the scientific validity and quality of dose reconstruction
        efforts performed for the Program; and
            (3) upon request by the Secretary of Health and Human
        Services, advise the Secretary on whether there are individuals
        or classes of employees at any Department of Energy facility
        who were exposed to radiation but for whom it is not feasible
        to estimate their radiation dose with sufficient accuracy, and
        on whether such radiation dose may have endangered the health
        of members of the class.

SEC. 4. REPORTING REQUIREMENTS.

    The Secretaries of Labor, Health and Human Services, and Energy
shall, as part of their annual budget submissions, report to the Office
of Management and Budget on their activities under the Program,
including total expenditures related to benefits and program
administration. Each such report shall include, among other things, a
description of the administrative structure established within their
agencies to implement the 2000 Act. In addition, the Secretary of Labor
shall annually report on the total number and types of claims for which
compensation was considered and other data pertinent to evaluating the
Federal Government's performance in fulfilling the requirements of the
2000 Act.

Output: Energy Employees Occupational Illness Compensation Program Designation of Responsibilities Act - Allocates specified responsibilities with respect to the Energy Employees Occupational Illness Compensation Program among the Secretaries of Labor, Health and Human Services, and Energy, and the Attorney General.Establishes the Advisory Board on Radiation and Worker Health.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Hearing Detection and
Intervention Act of 2006''.

SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING LOSS.

    Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is
amended--
            (1) in the section heading, by striking ``infants'' and
        inserting ``newborns, infants, and young children'';
            (2) in subsection (a)--
                    (A) in the heading, by striking ``Newborn and
                Infant'' and inserting ``Newborn, Infant, and Young
                Child'';
                    (B) in the matter preceding paragraph (1), by
                striking ``newborn and infant hearing screening,
                evaluation and intervention programs and systems'' and
                inserting ``newborn, infant, and young child hearing
                screening, evaluation, diagnosis, and intervention
                programs and systems, and to assist in the recruitment,
                retention, education, and training of qualified
                personnel and health care providers,''; and
                    (C) by amending paragraph (1) to read as follows:
            ``(1) To develop and monitor the efficacy of statewide
        programs and systems for hearing screening of newborns,
        infants, and young children; prompt evaluation and diagnosis of
        children referred from screening programs; and appropriate
        educational, audiological, and medical interventions for
        children identified with hearing loss. Early intervention
        includes referral to and delivery of information and services
        by schools and agencies, including community, consumer, and
        parent-based agencies and organizations and other programs
        mandated by part C of the Individuals with Disabilities
        Education Act, which offer programs specifically designed to
        meet the unique language and communication needs of deaf and
        hard of hearing newborns, infants, and young children. Programs
        and systems under this paragraph shall establish and foster
        family-to-family support mechanisms that are critical in the
        first months after a child is identified with hearing loss.'';
                    (D) in paragraph (2), by striking ``newborn and
                infant'' and inserting ``newborn, infant, and young
                child''; and
                    (E) by adding at the end the following:
            ``(3) To develop efficient models to ensure that newborns,
        infants, and young children who are identified with a hearing
        loss through screening are not lost to follow-up by a qualified
        health care provider. These models shall be evaluated for their
        effectiveness, and State agencies shall be encouraged to adopt
        models that effectively reduce loss to follow-up.
            ``(4) To ensure an adequate supply of qualified personnel
        to meet the screening, evaluation, and early intervention needs
        of children.'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking the term ``newborn and
                        infant'' each place such term appears and
                        inserting ``newborn, infant, and young child'';
                        and
                            (ii) in subparagraph (A), by striking
                        ``hearing loss screening, evaluation, and
                        intervention programs'' and inserting ``hearing
                        loss screening, evaluation, diagnosis, and
                        intervention programs'';
                    (B) in paragraph (2)--
                            (i) by striking ``for purposes of this
                        section, continue'' and insert the following:
                        ``for purposes of this section--
                    ``(A) continue'';
                            (ii) by striking the period at the end and
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(B) establish a postdoctoral fellowship program
                to foster research and development in the area of early
                hearing detection and intervention.'';
            (4) in paragraphs (2) and (3) of subsection (c), by
        striking the term ``newborn and infant hearing screening,
        evaluation and intervention programs'' each place such term
        appears and inserting ``newborn, infant, and young child
        hearing screening, evaluation, diagnosis, and intervention
        programs''; and
            (5) in subsection (e)--
                    (A) in paragraph (3), by striking ``ensuring that
                families of the child'' and all that follows and
                inserting ``ensuring that families of the child are
                provided comprehensive, consumer-oriented information
                about the full range of family support, training,
                information services, and language and communication
                options and are given the opportunity to consider and
                obtain the full range of early intervention services,
                educational and program placements, and other options
                for their child from highly qualified providers.''; and
                    (B) in paragraph (6)--
                            (i) by striking ``newborn and infant'' and
                        inserting ``newborn, infant, and young child'';
                            (ii) by striking ``newborns and infants''
                        and inserting ``newborns, infants, and young
                        children''; and
                            (iii) by striking ``, after rescreening,'';
                        and
            (6) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in the heading, by striking ``Newborn
                        and Infant'' and inserting ``Newborn, Infant,
                        and Young Child''; and
                            (ii) by striking ``fiscal year 2002'' and
                        inserting ``fiscal years 2007 through 2012'';
                    (B) in paragraph (2), by striking ``fiscal year
                2002'' and inserting ``fiscal years 2007 through
                2012''; and
                    (C) in paragraph (3), by striking ``fiscal year
                2002'' and inserting ``fiscal years 2007 through
                2012''.

Output:
Early Hearing Detection and Intervention Act of 2006 - Amends the Public Health Service Act to expand the newborns and infants hearing loss program to: (1) provide services for young children (currently, limited to infants and newborns); and (2) include diagnostic services among services provided.

Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to assist in the recruitment, retention, education, and training of qualified personnel and health care providers.

Includes within the purposes of such program: (1) developing efficient models to ensure that newborns, infants, and young children who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider; and (2) ensuring an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children.

Requires the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute on Deafness and Other Communication Disorders, to establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention.

Amends the definition of "early intervention" to require that families be given the opportunity to obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Space Launch Amendments
Act of 2004''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the goal of opening space to the American people and
        their private commercial, scientific, and cultural enterprises
        should guide Federal space investments, policies, and
        regulations;
            (2) private industry has begun to develop commercial launch
        vehicles capable of carrying human beings into space, and
        greater private investment in these efforts will stimulate the
        Nation's commercial space transportation industry as a whole;
            (3) space transportation is inherently risky;
            (4) a critical area of responsibility for the Office of the
        Associate Administrator for Commercial Space Transportation is
        to regulate the emerging commercial human space flight
        industry; and
            (5) the public interest is served by creating a clear legal
        and regulatory regime for commercial human space flight.

SEC. 3. AMENDMENTS.

    (a) Findings and Purposes.--Section 70101 of title 49, United
States Code, is amended--
            (1) in subsection (a)(3), by inserting ``human space
        flight,'' after ``microgravity research,''; and
            (2) in subsection (a)(4)--
                    (A) by striking ``satellite''; and
                    (B) by striking ``services now available from'' and
                inserting ``capabilities of''.
    (b) Definitions.--Section 70102 of title 49, United States Code, is
amended--
            (1) by redesignating paragraphs (2) through (17) as
        paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13),
        (14), (15), (16), (18), (21), and (22), respectively;
            (2) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) `crew' means any employee of a licensee or
        transferee, or of a contractor or subcontractor of a licensee
        or transferee, who performs activities in the course of that
        employment directly relating to the launch, reentry, or other
        operation of or in a launch vehicle or reentry vehicle that
        carries human beings.'';
            (3) in paragraph (4), as so redesignated by paragraph (1)
        of this subsection, by inserting ``, crew, or space flight
        participant'' after ``any payload'';
            (4) in paragraph (6)(A), as so redesignated by paragraph
        (1) of this subsection, by striking ``and payload'' and
        inserting ``, payload, crew (including crew training), or space
        flight participant'';
            (5) in paragraph (8)(A), as so redesignated by paragraph
        (1) of this subsection, by inserting ``or human beings'' after
        ``place a payload'';
            (6) by inserting after paragraph (10), as so redesignated
        by paragraph (1) of this subsection, the following new
        paragraph:
            ``(11) `permit' means an experimental permit issued under
        section 70105.''.
            (7) in paragraph (13), as so redesignated by paragraph (1)
        of this subsection, by inserting ``crew, or space flight
        participants,'' after ``and its payload,'';
            (8) in paragraph (14)(A), as so redesignated by paragraph
        (1) of this subsection, by striking ``and its payload''
        inserting ``and payload, crew (including crew training), or
        space flight participant'';
            (9) by inserting after paragraph (16), as so redesignated
        by paragraph (1) of this subsection, the following new
        paragraph:
            ``(17) `space flight participant' means an individual, who
        is not crew, carried within a launch vehicle or reentry
        vehicle.'';
            (10) by inserting after paragraph (18), as so redesignated
        by paragraph (1) of this subsection, the following new
        paragraphs:
            ``(19) `suborbital rocket' means a rocket-propelled vehicle
        intended for flight on a suborbital trajectory whose thrust is
        greater than its lift for the majority of the powered portion
        of its flight.
            ``(20) `suborbital trajectory' means the intentional flight
        path of a launch vehicle, reentry vehicle, or any portion
        thereof, whose vacuum instantaneous impact point does not leave
        the surface of the Earth.''; and
            (11) in paragraph (21), as so redesignated by paragraph (1)
        of this subsection--
                    (A) by striking ``or'' at the end of subparagraph
                (C);
                    (B) by striking the period at the end of
                subparagraph (D) and inserting ``; or''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(E) crew or space flight participants.''.
    (c) Commercial Human Space Flight.--(1) Section 70103(a) of title
49, United States Code, is amended by inserting ``, through the
Associate Administrator for Commercial Space Transportation,'' after
``Secretary of Transportation''.
    (2) Section 70103(b)(1) of title 49, United States Code, is amended
by inserting ``, including those involving space flight participants''
after ``private sector''.
    (3) Section 70104(a) of title 49, United States Code, is amended--
            (A) by striking ``License Requirement.--A license issued or
        transferred under this chapter'' and inserting ``Requirement.--
        A license issued or transferred under this chapter, or a
        permit,''; and
            (B) by inserting after paragraph (4) the following:
``Notwithstanding this subsection, a permit shall not authorize a
person to operate a launch site or reentry site.''.
    (4) Section 70104(b) of title 49, United States Code, is amended by
inserting ``or permit'' after ``holder of a license''.
    (5) The section heading of section 70105 of title 49, United States
Code, is amended by striking ``License applications'' and inserting
``Applications'', and the item relating to that section in the table of
sections for chapter 701 of title 49, United States Code, is amended
accordingly.
    (6) Section 70105(a) of title 49, United States Code, is amended--
            (A) by striking ``Applications.-- '' and inserting
        ``Licenses.--'';
            (B) in paragraph (1), by striking ``subsection (b)(2)(D)''
        both places it appears and inserting ``subsection (c)(2)(D)'';
        and
            (C) in paragraph (2), by inserting ``, including crews,''
        after ``or personnel''.
    (7) Section 70105 of title 49, United States Code, is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the following new
subsection:
    ``(b) Experimental Permits.--(1) A person may apply to the
Secretary of Transportation for an experimental permit under this
subsection in the form and manner the Secretary prescribes. Consistent
with the public health and safety, safety of property, and national
security and foreign policy interests of the United States, the
Secretary, not later than 90 days after receiving an application
pursuant to this subsection, shall issue a permit if the Secretary
decides in writing that the applicant complies, and will continue to
comply, with this chapter and regulations prescribed under this
chapter. The Secretary shall inform the applicant of any pending issue
and action required to resolve the issue if the Secretary has not made
a decision not later than 60 days after receiving an application. The
Secretary shall transmit to the Committee on Science of the House of
Representatives and Committee on Commerce, Science, and Transportation
of the Senate a written notice not later than 15 days after any
occurrence when a permit is not issued within the deadline established
by this subsection.
    ``(2) In carrying out paragraph (1), the Secretary may establish
procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel, including crews,
that may be used in conducting commercial space launch or reentry
activities pursuant to a permit.
    ``(3) In order to encourage the development of a commercial space
flight industry, the Secretary, to the greatest extent practicable,
shall when issuing permits use the authority granted under subsection
(c)(2)(C).
    ``(4) The Secretary may issue a permit only for reusable suborbital
rockets that will be launched or reentered solely for--
            ``(A) research and development to test new design concepts,
        new equipment, or new operating techniques;
            ``(B) showing compliance with requirements as part of the
        process for obtaining a license under this chapter; or
            ``(C) crew training prior to obtaining a license for a
        launch or reentry using the design of the rocket for which the
        permit would be issued.
    ``(5) Permits issued under this subsection shall--
            ``(A) authorize an unlimited number of launches and
        reentries for a particular suborbital rocket design for the
        uses described in paragraph (4); and
            ``(B) specify the modifications that may be made to the
        suborbital rocket without changing the design to an extent that
        would invalidate the permit.
    ``(6) Permits shall not be transferable.
    ``(7) A permit may not be issued for, and a permit that has already
been issued shall cease to be valid for, a particular design for a
reusable suborbital rocket after a license has been issued for the
launch or reentry of a rocket of that design.
    ``(8) No person may operate a reusable suborbital rocket under a
permit for carrying any property or human being for compensation or
hire.
    ``(9) For the purposes of sections 70106, 70107, 70108, 70109,
70110, 70112, 70115, 70116, 70117, and 70121 of this chapter--
            ``(A) a permit shall be considered a license;
            ``(B) the holder of a permit shall be considered a
        licensee;
            ``(C) a vehicle operating under a permit shall be
        considered to be licensed; and
            ``(D) the issuance of a permit shall be considered
        licensing.
This paragraph shall not be construed to allow the transfer of a
permit.''.
    (8) Section 70105(c)(1) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
    (9) Section 70105(c)(2)(B) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
striking ``an additional requirement'' and inserting ``any additional
requirement''.
    (10) Section 70105(c)(2)(C) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
    (11) Section 70105(c)(2)(D) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
    (12) Section 70105(c)(3) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following: ``Nothing in this paragraph shall be
construed to allow the launch or reentry of a launch vehicle or a
reentry vehicle without a license or permit if a human being will be on
board.''.
    (13) Section 70105(c) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following new paragraphs:
    ``(4) The holder of a license or a permit under this chapter may
launch or reenter crew only if--
            ``(A) the crew has received training and has satisfied
        medical or other standards specified in the license or permit
        in accordance with regulations promulgated by the Secretary;
        and
            ``(B) the holder of the license or permit and crew have
        complied with all requirements of the laws of the United States
        that apply to crew.
    ``(5) The holder of a license or a permit under this chapter may
launch or reenter a space flight participant only if--
            ``(A) in accordance with regulations promulgated by the
        Secretary, the holder of the license or permit has informed the
        space flight participant in writing about the risks of the
        launch or reentry, including the safety record of the launch or
        reentry vehicle type, and the space flight participant has
        provided written informed consent to participation in the
        launch or reentry; and
            ``(B) the holder of the license or permit and space flight
        participant have complied with all requirements of the laws of
        the United States related to launching or reentering a space
        flight participant.''.
    (14) Section 70105(d) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``of a license''.
    (15) Section 70106(a) of title 49, United States Code, is amended--
            (A) by inserting ``at a site used for crew training,''
        after ``assemble a launch vehicle or reentry vehicle,''; and
            (B) by striking ``section 70104(c)'' and inserting
        ``sections 70104(c) and 70105(c)(4)''.
    (16) Section 70110(a)(1) of title 49, United States Code, is
amended by striking ``70105(a)'' and inserting ``70105''.
    (17) Section 70112(b)(1) of title 49, United States Code, is
amended--
            (A) by inserting ``space flight participants,'' after ``its
        contractors, subcontractors,'';
            (B) by inserting ``or by space flight participants,'' after
        ``its own employees''; and
            (C) by adding at the end the following: ``The requirement
        for space flight participants to make a reciprocal waiver of
        claims with the licensee or transferee shall expire 3 years
        after the first licensed launch of a launch vehicle carrying a
        space flight participant.''.
    (18) Section 70112(b)(2) of title 49, United States Code, is
amended--
            (A) by inserting ``crew, space flight participants,'' after
        ``transferee, contractors, subcontractors,''; and
            (B) by inserting ``or by space flight participants,'' after
        ``its own employees''.
    (19) Section 70113(a)(1) of title 49, United States Code, is
amended by inserting ``but not against a space flight participant,''
after ``subcontractor of a customer,''.
    (20) Section 70113(f) of title 49, United States Code, is amended
by striking ``December 31, 2004.'' and inserting ``December 31, 2007.
This section does not apply to permits.''.
    (21) Section 70115(b)(1)(D)(i) of title 49, United States Code, is
amended by inserting ``crew training site,'' after ``site of a launch
vehicle or reentry vehicle,''.
    (22) Section 70119 of title 49, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
            ``(1) $11,776,000 for fiscal year 2005;
            ``(2) $11,776,000 for fiscal year 2006; and
            ``(3) $11,776,000 for fiscal year 2007.''.
    (23) Section 70120 of title 49, United States Code, is amended by
adding at the end the following new subsections:
    ``(c) Amendments.--Not later than 12 months after the date of
enactment of the Commercial Space Launch Amendments Act of 2004, the
Secretary shall publish proposed regulations to carry out that Act,
including regulations relating to crew, space flight participants, and
permits for launch or reentry of reusable suborbital rockets. Not later
than 18 months after such date of enactment, the Secretary shall issue
final regulations.
    ``(d) Effective Date.--(1) Licenses for the launch or reentry of
launch vehicles or reentry vehicles with human beings on board and
permits may be issued by the Secretary prior to the issuance of the
regulations described in subsection (c).
    ``(2) As soon as practicable after the date of enactment of the
Commercial Space Launch Amendments Act of 2004, the Secretary shall
issue guidelines or advisory circulars to guide the implementation of
that Act until regulations are issued.
    ``(3) Notwithstanding paragraphs (1) and (2), no licenses for the
launch or reentry of launch vehicles or reentry vehicles with human
beings on board or permits may be issued starting three years after the
date of enactment of the Commercial Space Launch Amendments Act of 2004
unless the final regulations described in subsection (c) have been
issued.''.

SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE
              TRANSPORTATION LIABILITY RISK SHARING REGIME.

    Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall enter into an appropriate arrangement
with the National Academy of Public Administration to conduct a study
of how best to gradually eliminate the liability risk sharing regime in
the United States for commercial space transportation under section
70113 of title 49, United States Code. The study shall assess methods
by which the liability risk sharing regime could be eliminated by 2008
or as soon as possible thereafter and the impact those methods would be
likely to have on the commercial space transportation industry. The
methods examined shall include incremental approaches.

SEC. 5. TECHNICAL AMENDMENT.

    Section 102(c) of the Commercial Space Act of 1998 is repealed.

            Passed the House of Representatives March 4, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
Commercial Space Launch Amendments Act of 2004 - (Sec. 2) States that Congress finds that: (1) the goal of opening space to the American people and to their private commercial enterprises should guide Federal space investments, policies, and regulations; (2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space; (3) greater private investment in these efforts will stimulate the commercial space transportation industry; and (4) space transportation is inherently risky.

(Sec. 3) Amends the Commercial Space Launch Act to define the following terms: (1) crew; (2) permit; (3) space flight participant; (4) suborbital rocket; and (5) suborbital trajectory. Amends the definitions of: (1) launch; (2) launch services; (3) reentry services; (4) launch vehicle; (5) reenter and reentry; and (6) third party.

Declares that regulatory authority for such transportation shall be carried out by the Secretary of Transportation (as under current law), but through the Associate Administrator for Commercial Space Transportation.

 Provides for the issuance of experimental permits (including permits for reusable suborbital rockets) allowing for an unlimited number of launches.

Directs the Secretary when issuing permits, in order to encourage the development of a commercial space flight industry and to the greatest extent practicable, to use the authority to waive, by regulation, any Federal law requirement as a requirement for a license if such requirement is not necessary to protect the public health and safety, safety of property, and U.S. national security and foreign policy interests.

Limits the Secretary's authority to issue permits for reusable suborbital rockets to those rockets that will be launched or reentered solely for: (1) research and development to test new design concepts, new equipment, or new operating techniques; (2) showing compliance with requirements as part of the process for obtaining a license; or (3) crew training before obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued.

Prohibits operating a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire.

Permits the holder of a license or a permit to: (1) launch or reenter crew only if the crew has received specified training and has satisfied specified medical standards; (2) launch or reenter a space flight participant only if the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the vehicle type, and the space flight participant has provided written informed consent to participation; and (3) launch and reenter crews and space flight participants only in accordance with regulations and applicable laws.

Provides for expedited procedures for the issuance of permits.

Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government. Declares that the requirement for flight participants shall expire three years after the first licensed launch of a launch vehicle carrying the space flight participant.

Makes liability indemnification program requirements inapplicable to space flight participants.

Extends from December 31, 2004, through December 31, 2007, liability insurance and financial responsibility requirements.

Authorizes appropriations through FY 2007.

(Sec. 4) Requires the Secretary of Transportation to arrange with the National Academy of Public Administration for a study to assess: (1) methods by which the liability risk sharing regime for commercial space transportation could be eliminated by 2008 (or as soon as possible thereafter); and (2) the impact those methods would be likely to have on the commercial space transportation industry.


Input:
SECTION 1. PURPOSES.

    The purposes of this Act are--
            (1) to augment law enforcement services and community
        policing efforts by providing accessible crisis intervention
        services for children who are involved in violent incidents,
        and training for law enforcement officers in child development,
        family, and cultural issues;
            (2) to facilitate interaction between law enforcement
        agencies, child and family service organizations, local
        educational agencies, and other community members for the
        purpose of building coalitions for the prevention of community
        violence;
            (3) to provide mentors for high-risk children and youth;
            (4) to promote conflict resolution training for children
        and youth; and
            (5) to identify children and families at high risk for
        developing behavioral or emotional problems resulting from
        exposure to community violence and provide mental health and
        other support services to such children and families, including
        crisis intervention for child witnesses and victims of
        violence.

SEC. 2. GRANT AUTHORIZATION.

    (a) Establishment.--(1) The Attorney General, in consultation with
the Secretary of Health and Human Services, and where appropriate the
Secretary of Education, is authorized to award grants to States for use
by local law enforcement agencies for the establishment of law
enforcement and child and family services partnership programs to carry
out activities described in section 1.
    (2) In awarding grants described in paragraph (1), the Attorney
General shall give priority to States that have law enforcement
agencies that--
            (A) are engaged in community-based policing; and
            (B) intend to target programs for disadvantaged
        communities.
    (b) Grant Distribution.--The Attorney General shall, to the extent
practicable, achieve an equitable distribution of assistance among the
urban and rural areas of the United States.
    (c) Grant Amount.--A grant awarded under this Act shall be of
sufficient size and scope to adequately support programs authorized
under section 2.
    (d) Duration.--A grant made under this Act shall be for a period of
not less than 2 years.

SEC. 3. USES OF FUNDS.

    (a) In General.--Grants made under this Act to the States for use
by law enforcement agencies shall be used--
            (1) to provide 24-hour response to crisis situations
        affecting children and youth;
            (2) to provide training for law enforcement officers
        jointly taught by law enforcement officers and child guidance
        professionals that includes instruction by child and family
        service organizations in the basic principles of human
        behavior, child psychology, and family systems;
            (3) to develop or expand community activities for children
        and families that are designed jointly by the law enforcement
        and child and family services partnership, including conflict
        resolution training programs for children and youth, after-
        school activity and neighborhood recreation programs, and
        parent support groups led jointly by child guidance and law
        enforcement professionals;
            (4) to establish weekly case conferences by a team of child
        guidance professionals and law enforcement officers;
            (5) to provide formal mentoring programs; or
            (6) to assist and support the local educational agency
        located in or near the community that the partnership serves in
        developing and implementing conflict resolution programs.
    (b) Limitation.--Of the total amount of funds made available under
this Act for each fiscal year, not more than 10 percent of such funds
may be used to implement the mentoring and conflict resolution programs
established by paragraphs (5) and (6) of subsection (a).

SEC. 4. APPLICATIONS.

    (a) State Applications.--To request a grant under this Act a State
shall--
            (1) prepare and submit to the Attorney General an
        application in such form, at such time, and in accordance with
        such procedures, as the Attorney General shall establish;
            (2) provide an assurance that funds received under this Act
        shall be used to supplement, not supplant, non-Federal funds
        that would otherwise be available for programs funded under
        this Act; and
            (3) use the office designated under section 507 of the
        Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C.
        3757) to--
                    (A) prepare the application as required under this
                section; and
                    (B) administer grant funds received under this Act,
                including review of spending, processing, progress,
                financial reporting, technical assistance, grant
                adjustments, accounting, auditing, and fund
                disbursement.
    (b) Local Applications.--(1) To request funds under this Act from a
State, the chief executive of a law enforcement agency shall submit an
application to the office designated under subsection (a).
    (2) Each application under paragraph (1) shall include--
            (A) assurances that there is a partnership established
        between the law enforcement agency and a child and family
        service organization;
            (B) assurances that the applicant has coordinated with
        other segments of the community to ensure that the partnership
        efforts complement existing community anti-violence efforts;
            (C) assurances that programs developed shall maintain
        confidentiality for all individuals served;
            (D) assurances that adequate resources for training of law
        enforcement officers and professional consultation services for
        children and families, including professionals licensed to
        provide child and family evaluations and treatment, will be
        provided;
            (E) assurances that funds received under this Act shall be
        used to supplement, not supplant, non-Federal funds that would
        otherwise be available for programs funded under this Act; and
            (F) assurance that the partnership shall provide local
        matching funds in accordance with the Federal share
        requirements under section 5.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) In General.--(1) The Federal share of a grant made under this
Act may not exceed--
            (A) with respect to the first fiscal year, 75 percent of
        the total costs of the projects described in the application
        submitted under section 4 for such fiscal year;
            (B) with respect to the second fiscal year, 70 percent of
        the total costs of the projects described in the application
        submitted under section 4 for such fiscal year; and
            (C) with respect to any subsequent fiscal year, 60 percent
        of the total costs of the projects described in the application
        submitted under section 4 for such fiscal year.
    (2) The Attorney General may accept the value of in-kind
contributions made by the grant recipient as a part or all of the non-
Federal share of grants.
    (b) Technical Assistance.--The National Institute of Justice may
provide training and technical assistance to law enforcement and child
and family service partnerships.
    (c) Administrative Costs.--A State or law enforcement agency may
use not more than 5 percent of the funds it receives from this Act for
administrative expenses.

SEC. 6. EVALUATIONS AND REPORTS.

    (a) Evaluation.--The Attorney General shall conduct evaluations to
determine the effectiveness of the programs funded under this Act.
    (b) Reports and Evaluations.--
            (1) Interim.--Not later than December 31, 1995, the
        Attorney General shall prepare and submit to the Committees on
        the Judiciary of the House and Senate an interim progress
        report based on information reported by the grantees and the
        results (as of the date of the submission of such report) of
        the evaluation conducted under subsection (a).
            (2) Final.--Not later than December 31, 1998, the Attorney
        General shall prepare and submit to the Committees on the
        Judiciary of the House and Senate a review and summary of the
        results of the evaluation conducted under subsection (a).

SEC. 7. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Child and family service organization.--The term
        ``child and family service organization'' means a public or
        private nonprofit entity (such as child guidance centers, child
        psychiatry or child psychology departments of hospitals or
        university medical centers, or community mental health centers
        providing child and family services) that provides mental
        health services to children and families and that meets
        nationally recognized guidelines (such as guidelines prescribed
        for mental health centers and for child welfare and family
        service agencies) with respect to the services provided to
        children and families.
            (2) Community-based policing.--The term ``community-based
        policing'' means a commitment and an effort (within the
        confines of budget restrictions) made by a law enforcement
        agency to establish or expand cooperative efforts between the
        police and a community in order to increase police presence in
        the community, including--
                    (A) developing innovative neighborhood-oriented
                policing programs and community-based crime-prevention
                programs; and
                    (B) creating decentralized police substations
                throughout the community to encourage interaction and
                cooperation between the public and law enforcement
                personnel on a local level, including the permanent
                assignment of officers to a specific neighborhood or
                substation.
            (3) Formal mentoring program.--The term ``formal mentoring
        program'' means a community partnership with corporations,
        universities, labor organizations, nonprofit entities (such as
        professional societies) or government agencies which recruits
        and trains individuals representative of the cultural diversity
        of their community, and includes individuals such as police
        officers, child and family services staff, and community and
        business leaders, to serve as role models for high-risk
        children and youth.
            (4) Law enforcement agency.--The term ``law enforcement
        agency'' means an entity that serves a specific community and
        has the legal responsibility of policing the activities of such
        community.
            (5) Law enforcement and child and family services
        partnership.--The term ``law enforcement and child and family
        services partnership'' means a cooperative agreement between a
        law enforcement agency and a child and family service
        organization.
            (6) Mentor.--The term ``mentors'' means individuals
        representative of the cultural diversity of the community, and
        includes individuals such as police officers, child and family
        services staff, and community and business leaders, who are
        recruited and trained by a formal mentoring program to serve as
        role models for high-risk children and youth.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act,
$10,000,000 for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998.

Output:
Authorizes the Attorney General to award grants to States for use by local law enforcement agencies for the establishment of law enforcement and child and family services partnership programs to:  (1) augment law enforcement services and community policing efforts by providing accessible crisis intervention services for children who are involved in violent incidents and training for law enforcement officers (officers) in child development, family, and cultural issues; (2) facilitate interaction between law enforcement agencies, child, and family service organizations, local educational agencies, and other community members for the purpose of building coalitions for the prevention of community violence; (3) provide mentors for high-risk children and youth; (4) promote conflict resolution training for children and youth; and (5) identify children and families at high risk for developing behavioral or emotional problems resulting from exposure to community violence and provide mental health and other support services to such children and families, including crisis intervention for children witnesses and victims of violence.
Directs the Attorney General, in awarding such grants, to give priority to States that have law enforcement agencies that:  (1) are engaged in community-based policing; and (2) intend to target programs for disadvantaged communities.
Authorizes the use of such grants to:  (1) provide 24-hour response to crisis situations affecting children and youth, training for officers jointly taught by officers and child guidance professionals, and formal mentoring programs; (2) develop or expand community activities for children and families that are designed jointly by the law enforcement and child and family services partnership; (3) establish weekly case conferences by a team of child guidance professionals and officers; and (4) assist and support the local educational agency located in or near the community the partnership serves in developing and implementing conflict resolution programs.
Sets forth provisions regarding:  (1) limitations on the use of grant funds; (2) State and local application requirements; (3) the Federal share; and (4) evaluations and reporting requirements.
Authorizes the National Institute of Justice to provide training and technical assistance to law enforcement and child and family service partnerships.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Y2K Liability and Antitrust Reform
Act''.

SEC. 2. LIABILITY FOR COMPUTER DATE FAILURE.

    (a) General Rule.--
            (1) Designers, developers, and manufacturers.--An action
        which is brought in a Federal or State court against a person
        because of a computer date failure shall be deemed to be based
        solely in contract and shall only allow recovery for
        consequential business loss and costs of repairs or replacement
        resulting from the failure if the following conditions are met:
                    (A) The plaintiff in the action has not suffered
                any personal injury, excluding emotional harm, as a
                result of the computer date failure.
                    (B) The defendant in the action has--
                            (i) given notice, described in paragraph
                        (2), by mail to all buyers known to the
                        defendant of the computer system or any
                        component of the system or computer program or
                        software or hardware that experiences or may
                        experience a computer date failure and with
                        respect to buyers not known to the defendant
                        given notice on the defendant's World Wide Web
                        site on the Internet;
                            (ii) made available at no charge to the
                        buyer a repair or replacement for a computer
                        program or software or hardware which was first
                        introduced for sale after December 31, 1994,
                        and which was involved in the computer date
                        failure; and
                            (iii) made available to the buyer a repair
                        or replacement for a computer program or
                        software or hardware which was first introduced
                        for sale before January 1, 1995, and which was
                        involved in a computer date failure.
            (2) Notice.--The notice specified in paragraph (1)(B)(i)
        shall specify the computer system or component of the system or
        computer program or software supplied by the defendant that
        experiences or may experience a computer date failure and shall
        explain the manner by which the buyer may obtain repair or
        replacement of the computer system or component of the system
        or computer program or software if repair or replacement is
        available or obtain additional information on such system,
        component, program, or software.
            (3) Application.--This subsection shall not be construed to
        limit the ability of contracting parties to enter into
        agreements as they deem appropriate on the issues of liability
        and damages resulting from computer date failure.
            (4) Definition.--For purposes of this subsection, the term
        ``person'' means a person who is engaged in commerce to design,
        develop, or manufacture a computer system, computer program or
        software, or component.
    (b) Special Rule.--
            (1) Other persons.--An action which is brought in a Federal
        or State court against a person (other than a person described
        in subsection (a)) because of a computer date failure shall be
        deemed to be based solely in contract and shall only allow
        recovery for consequential business loss and costs of repairs
        or replacement resulting from the failure if the following
        conditions are met:
                    (A) The plaintiff in the action has not suffered
                any personal injury, excluding emotional harm, as a
                result of the computer date failure.
                    (B) The defendant in the action has--
                            (i) made all reasonable efforts to protect
                        its system, program, or software from a
                        computer date failure, including efforts to
                        acquire hardware or software that will not
                        experience a computer date failure;
                            (ii) not later than July 1, 1999, tested
                        its systems, programs, or software by actually
                        simulating the transition from December 31,
                        1999 to January 1, 2000 and made any other test
                        that a reasonable person would believe
                        necessary to prevent a computer date failure;
                            (iii) not later than August 1, 1999,
                        provided notice to its customers and to the
                        President's Council on the Year 2000 Conversion
                        of efforts to avoid a computer date failure,
                        including a general description of its
                        compliance efforts, the results of the tests
                        under clause (ii), and the likelihood that it
                        will make transition to the Year 2000 without a
                        computer date failure; and
                            (iv) not later than August 1, 1999, posted
                        the notice it made under clause (iii)
                        prominently in its place of business for public
                        review.
                The President's Council on the Year 2000 Conversion
                shall make available the notice it received under
                clause (iii) on the Council's homepage on the worldwide
                web.
            (2) Application.--This subsection shall not be construed to
        limit the ability of contracting parties to enter into
        agreements as they deem appropriate on the issues of liability
        and damages resulting from computer date failure.
    (c) Definitions.--For purposes of this section:
            (1) Action.--The term ``action'' means an action to recover
        damages resulting directly or indirectly from a computer date
        failure, an action based on breach of contract, a shareholder
        or derivative action, and an action based on an alleged failure
        to properly detect, disclose, prevent, report on, or remediate
        a computer date failure.
            (2) Computer date failure.--The term ``computer date
        failure'' means--
                    (A) a present or future inability of the computer
                system or computer program or software to accurately
                store, process, provide, or receive data from, into,
                and between the years 1999 and 2000 and beyond if all
                other technology used in combination with such system,
                program, or software properly exchanges data with it;
                or
                    (B) the possibility of the existence of any such
                inability or incompatibility.
            (3) Computer program or software.--The term ``computer
        program or software'' is a set of statements or instructions to
        be used directly or indirectly in a computer in order to bring
        about a certain result.
            (4) Computer system.--The term ``computer system'' means
        any electronic device or collection of devices, including
        support devices, networks, and embedded chips and excluding
        calculators that are not programmable, that contains computer
        programs or electronic instructions and that performs
        functions, including logic, arithmetic, data processing, data
        storage and retrieval, communication, or control.

SEC. 3. TEMPORARY ANTITRUST EXEMPTION.

    (a) Exemption.--Except as provided in subsection (b), the antitrust
laws shall not apply to conduct engaged in, including making and
implementing an agreement, solely for the purpose of establishing
responses designed to mitigate the impact of computer date failure in a
computer system, in a component of a computer system, or in a computer
program or software if such conduct occurs, or such agreement is made
and implemented, only in the period beginning on the date of the
enactment of this Act and ending December 31, 2001.
    (b) Exception to Exemption.--Subsection (a) shall not apply with
respect to conduct that results in a boycott of any person.
    (c) Definition of Antitrust Laws.--For purposes of this section,
the term ``antitrust laws''--
            (1) has the meaning given it in subsection (a) of the first
        section of the Clayton Act (15 U.S.C. 12(a)), except that such
        term includes section 5 of the Federal Trade Commission Act (15
        U.S.C. 45) to the extent such section 5 applies to unfair
        methods of competition, and
            (2) includes any State law similar to the laws referred to
        in subparagraph (A).

Output:
Y2K Liability and Antitrust Reform Act - Provides that an action resulting from a computer date failure which is brought in Federal or State court shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repair or replacement resulting from the failure if the plaintiff has not suffered any personal injury, excluding emotional harm, as a result and the defendant is:  (1) a person who is engaged  in commerce to design, develop, or manufacture a computer system, program, software, or component, has given specified notice to buyers, has made available at no charge repair or replacement of hardware and software for products sold after December 31, 1994, and has made available to the buyer a repair or replacement for a computer program or software or hardware that was introduced for sale before January 1, 1995; or (2) any other person who has made reasonable efforts to protect its system, program, or software from computer date failure, has conducted reasonable tests to prevent a computer date failure by July 1, 1999, and has notified its customers and the President's Council on the Year 2000 Conversion by August 1, 1999, of efforts to avoid such failure.
(Sec. 3) Makes the antitrust laws inapplicable to conduct engaged in between the enactment date of this Act and December 31, 2001, solely for the purpose of establishing responses designed to mitigate the impact of computer date failure in a computer system, with an exception for conduct that results in a boycott.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordable Drugs Access Act''.

SEC. 2. WAIVER REQUIREMENT FOR PERSONAL IMPORTATION OF PRESCRIPTION
              DRUGS FROM CANADA.

    (a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end
the following section:

  ``waiver requirement for personal importation of prescription drugs
                              from canada

    ``Sec. 805. (a) In General.--With respect to the importation by
individuals of prescription drugs from Canada, the Secretary shall in
accordance with this section establish by regulation a waiver of
prohibitions under this Act that apply to the importation of drugs.
Such a waiver shall permit an individual to import into the United
States any prescription drug that--
            ``(1) is imported from Canada for personal use by the
        individual (not for resale);
            ``(2) is approved by the Secretary under section 505, is
        manufactured in an establishment registered with the Secretary
        under section 510, and is not a controlled substance in
        schedule I, II, or III under section 202(c) of the Controlled
        Substances Act;
            ``(3) is imported from a Canadian pharmacy that has
        submitted to the Secretary a registration that identifies the
        pharmacy and provides documentation that the pharmacy is
        licensed in Canada;
            ``(4) is imported in a quantity that does not (for that
        instance of importation) exceed a 90-day supply;
            ``(5) at the time of importation, is accompanied by a copy
        of a valid prescription for the drug for the individual, issued
        in the United States by a practitioner in accordance with
        section 503(b), or is accompanied by documentation that
        verifies the issuance of such a prescription for the
        individual;
            ``(6) is in the form of a final finished dosage; and
            ``(7) is imported under such other conditions as the
        Secretary determines to be necessary to ensure public safety.
    ``(b) Study; Limitation on Waiver Requirement.--
            ``(1) Study.--During the one-year period beginning on the
        effective date of this section, the Secretary shall conduct a
        study of prescription drugs imported from Canada under
        subsection (a), and of prescription drugs that are imported
        into the United States from other countries for personal use,
        in order to determine the authenticity and quality of such
        drugs.
            ``(2) Limitation.--If through the study under paragraph (1)
        the Secretary determines that drugs imported under subsection
        (a) present a significant threat to the public health, the
        following applies:
                    ``(A) The Secretary may, in order to protect the
                public health, establish one or more conditions for the
                importation from Canada of prescription drugs for
                personal use that are different than the conditions
                described in such subsection, in which case any
                conflicting condition described in such subsection
                ceases to apply.
                    ``(B) The Secretary may publish in the Federal
                Register a statement that, pursuant to this section,
                the Secretary has determined that waivers under this
                section should be terminated in order to protect the
                public health. Effective on the date on which such a
                statement is so published, this section ceases to have
                any legal effect.
    ``(c) Authority Regarding Other Countries.--If through the study
under subsection (b)(1) the Secretary determines that drugs imported
under subsection (a) do not present a significant threat to the public
health, or if under authority of subsection (b)(2)(A) the Secretary
establishes conditions in order to protect the public health, the
Secretary may, in the case of such countries in addition to Canada as
the Secretary determines to be appropriate, establish by regulation a
waiver of prohibitions under this Act that apply to the importation of
drugs, under which waiver individuals are permitted to import into the
United States prescription drugs that meet the conditions that apply
under subsection (a) (or under subsection (b)(2)(A), as the case may
be). Such regulations may establish country-specific conditions, as
determined appropriate by the Secretary to protect the public health.
    ``(d) Definition.--For purposes of this section, the term
`prescription drug' means a drug that is subject to section 503(b).''.
    (b) Assessment Regarding Additional Agency Inspectors at Ports of
Entry.--The Secretary of Health and Human Services shall conduct an
assessment to determine the additional number of inspectors that should
be added for the Food and Drug Administration at ports of entry into
the United States in order to provide adequate assurance that drugs
imported into the United States meet the standards of the Federal Food,
Drug, and Cosmetic Act. Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report describing the findings of the assessment.

SEC. 3. CONTROLLED SUBSTANCES; IMPORTATION WITHOUT VALID PRESCRIPTIONS.

    Section 1006(a)(2) of the Controlled Substances Import and Export
Act (21 U.S.C. 956(a)(2)) is amended by striking ``that exceeds 50
dosage units'' and all that follows and inserting the following: ``that
exceeds 10 dosage units of the controlled substance, except that if the
individual is importing more than one such controlled substance into
the United States, the combined total number of dosage units of such
substances imported by the individual may not exceed 10 dosage
units.''.

SEC. 4. INTERNET SALES OF PRESCRIPTION DRUGS.

    (a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following section:

``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS.

    ``(a) Requirements Regarding Information on Internet Site.--
            ``(1) In general.--A person may not dispense a prescription
        drug pursuant to a sale of the drug by such person if--
                    ``(A) the purchaser of the drug submitted the
                purchase order for the drug, or conducted any other
                part of the sales transaction for the drug, through an
                Internet site; and
                    ``(B) such site, or any other Internet site used by
                such person for purposes of sales of a prescription
                drug, fails to meet each of the requirements specified
                in paragraph (2) (other than a site or pages on a site
                that are not intended to be accessed by purchasers or
                prospective purchasers).
            ``(2) Requirements.--With respect to an Internet site, the
        requirements referred to in subparagraph (B) of paragraph (1)
        for a person to whom such paragraph applies are as follows:
                    ``(A) Each page of the site shall include either
                the following information or a link to a page that
                provides the following information:
                            ``(i) The name of such person; the address
                        of the principal place of business of the
                        person with respect to sales of prescription
                        drugs through the Internet; and the telephone
                        number for such place of business.
                            ``(ii) Each State in which the person is
                        authorized by law to dispense prescription
                        drugs.
                            ``(iii) The name of each individual who
                        serves as a pharmacist for purposes of the
                        site, and each State in which the individual is
                        authorized by law to dispense prescription
                        drugs.
                            ``(iv) If the person provides for medical
                        consultations through the site for purposes of
                        providing prescriptions, the name of each
                        individual who provides such consultations;
                        each State in which the individual is licensed
                        or otherwise authorized by law to provide such
                        consultations; and the type or types of health
                        professions for which the individual holds such
                        licenses or other authorizations.
                    ``(B) A link to which paragraph (1) applies shall
                be clearly visible on the page involved, shall not be
                of a size smaller than other links on the page (if
                any), and shall include in the caption for the link the
                words `licensing and contact information'.
    ``(b) Internet Sales Without Appropriate Medical Relationships.--
            ``(1) In general.--A person may not dispense a prescription
        drug, or arrange the dispensing of such a drug, pursuant to a
        sale of the drug if--
                    ``(A) for purposes of such sale, the purchaser
                communicated with the person through the Internet;
                    ``(B) the patient for whom the drug was purchased
                did not, when such communications began, have a
                prescription for the drug;
                    ``(C) pursuant to such communications, the person
                provided for the involvement of a practitioner and the
                practitioner issued a prescription for the drug that
                was purchased;
                    ``(D) the person knew, or had reason to know, that
                the practitioner did not, when issuing the
                prescription, have a qualifying medical relationship
                with the patient; and
                    ``(E)(i) the person received payment for the drug
                from the purchaser; or
                    ``(ii) in the case of arranging the dispensing of
                the drug, the person received payment for doing so from
                the person who dispensed the drug.
        For purposes of subparagraph (E), payment is received if money
        or other valuable consideration is received.
            ``(2) Qualifying medical relationship.--
                    ``(A) In general.--With respect to issuing a
                prescription for a drug for a patient, a practitioner
                has a qualifying medical relationship with the patient
                for purposes of this section if at least one in-person
                medical evaluation of the patient has been conducted by
                the practitioner. This subparagraph and subparagraph
                (B) may not be construed as having any applicability
                beyond this section.
                    ``(B) In-person medical evaluation.--A medical
                evaluation by a practitioner is an in-person medical
                evaluation for purposes of this section if the
                practitioner is in the physical presence of the patient
                as part of conducting the evaluation, without regard to
                whether portions of the evaluation are conducted by
                other health professionals.
    ``(c) Actions by States.--
            ``(1) In general.--Whenever an attorney general of any
        State has reason to believe that the interests of the residents
        of that State have been or are being threatened or adversely
        affected because any person has engaged or is engaging in a
        pattern or practice that violates section 301(l), the State may
        bring a civil action on behalf of its residents in an
        appropriate district court of the United States to enjoin such
        practice, to enforce compliance with such section (including a
        nationwide injunction), to obtain damages, restitution, or
        other compensation on behalf of residents of such State, to
        obtain reasonable attorneys fees and costs if the State
        prevails in the civil action, or to obtain such further and
        other relief as the court may deem appropriate.
            ``(2) Notice.--The State shall serve prior written notice
        of any civil action under paragraph (1) or (5)(B) upon the
        Secretary and provide the Secretary with a copy of its
        complaint, except that if it is not feasible for the State to
        provide such prior notice, the State shall serve such notice
        immediately upon instituting such action. Upon receiving a
        notice respecting a civil action, the Secretary shall have the
        right--
                    ``(A) to intervene in such action;
                    ``(B) upon so intervening, to be heard on all
                matters arising therein; and
                    ``(C) to file petitions for appeal.
            ``(3) Construction.--For purposes of bringing any civil
        action under paragraph (1), nothing in this chapter shall
        prevent an attorney general of a State from exercising the
        powers conferred on the attorney general by the laws of such
        State to conduct investigations or to administer oaths or
        affirmations or to compel the attendance of witnesses or the
        production of documentary and other evidence.
            ``(4) Venue; service of process.--Any civil action brought
        under paragraph (1) in a district court of the United States
        may be brought in the district in which the defendant is found,
        is an inhabitant, or transacts business or wherever venue is
        proper under section 1391 of title 28, United States Code.
        Process in such an action may be served in any district in
        which the defendant is an inhabitant or in which the defendant
        may be found.
            ``(5) Actions by other state officials.--
                    ``(A) Nothing contained in this section shall
                prohibit an authorized State official from proceeding
                in State court on the basis of an alleged violation of
                any civil or criminal statute of such State.
                    ``(B) In addition to actions brought by an attorney
                general of a State under paragraph (1), such an action
may be brought by officers of such State who are authorized by the
State to bring actions in such State on behalf of its residents.
    ``(d) Definitions.--
            ``(1) Internet-related definitions.--For purposes of this
        section:
                    ``(A) The term `Internet' means collectively the
                myriad of computer and telecommunications facilities,
                including equipment and operating software, which
                comprise the interconnected world-wide network of
                networks that employ the transmission control protocol/
                internet protocol, or any predecessor or successor
                protocols to such protocol, to communicate information
                of all kinds by wire or radio.
                    ``(B) The term `link', with respect to the
                Internet, means one or more letters, words, numbers,
                symbols, or graphic items that appear on a page of an
                Internet site for the purpose of serving, when
                activated, as a method for executing an electronic
                command--
                            ``(i) to move from viewing one portion of a
                        page on such site to another portion of the
                        page;
                            ``(ii) to move from viewing one page on
                        such site to another page on such site; or
                            ``(iii) to move from viewing a page on one
                        Internet site to a page on another Internet
                        site.
                    ``(C) The term `page', with respect to the
                Internet, means a document or other file accessed at an
                Internet site.
                    ``(D)(i) The terms `site' and `address', with
                respect to the Internet, mean a specific location on
                the Internet that is determined by Internet Protocol
                numbers. Such term includes the domain name, if any.
                    ``(ii) The term `domain name' means a method of
                representing an Internet address without direct
                reference to the Internet Protocol numbers for the
                address, including methods that use designations such
                as `.com', `.edu', `.gov', `.net', or `.org'.
                    ``(iii) The term `Internet Protocol numbers'
                includes any successor protocol for determining a
                specific location on the Internet.
            ``(2) Other definitions.--For purposes of this section:
                    ``(A) The term `practitioner', with respect to the
                issuance of a prescription for a drug for a patient,
                means--
                            ``(i) an individual authorized by law to
                        administer the drug; or
                            ``(ii) an individual who is not so
                        authorized but represents himself or herself as
                        an individual who is so authorized.
                    ``(B) The term `prescription drug' means a drug
                that is subject to section 503(b).
                    ``(C) The term `qualifying medical relationship',
                with respect to a practitioner and a patient, has the
                meaning indicated for such term in subsection (b).''.
    (b) Inclusion as Prohibited Act.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after
paragraph (k) the following:
    ``(l) The dispensing of a prescription drug in violation of section
503B, or arranging for the dispensing of such a drug in violation of
such section.''.
    (c) Internet Sales of Prescription Drugs; Consideration by
Secretary of Practices and Procedures for Certification of Legitimate
Businesses.--In carrying out section 503B of the Federal Food, Drug,
and Cosmetic Act (as added by subsection (a) of this section), the
Secretary of Health and Human Services shall take into consideration
the practices and procedures of public or private entities that certify
that businesses selling prescription drugs through Internet sites are
legitimate businesses, including practices and procedures regarding
disclosure formats and verification programs.
    (d) Effective Date.--The amendments made by subsections (a) and (b)
take effect upon the expiration of the 60-day period beginning on the
date of the enactment of this Act, without regard to whether a final
rule to implement such amendments has been promulgated by the Secretary
of Health and Human Services under section 701(a) of the Federal Food,
Drug, and Cosmetic Act. The preceding sentence may not be construed as
affecting the authority of such Secretary to promulgate such a final
rule.

Output: Affordable Drugs Access Act - Amends the Federal Food, Drug, and Cosmetic Act to require a waiver of prohibitions which would then permit an individual to import a prescription drug from Canada. Stipulates that the drug be: (1) imported in final form in limited quantities for personal use from a registered Canadian pharmacy; (2) approved by the Secretary of Health and Human Services; and (3) accompanied by a valid prescription.Requires the Secretary to study the authenticity and quality of drugs imported into the United States from other countries for personal use. Authorizes the Secretary, based on whether study results indicate the presence or absence of a significant threat to public health, to: (1) condition the entry of drugs; (2) terminate the waiver; and/or (3) extend the waiver to other countries.Amends the Controlled Substances Import and Export Act to reduce the aggregate number of dosage units of a controlled substance a U.S. resident may import into the United States without a prescription.Regulates the Internet sale of prescription drugs. Requires Internet sites used for purposes of sales of a prescription drug to include a page (and links thereto) providing the identities of the seller and the persons serving as pharmacists or medical consultants and the States in which the seller and such persons are authorized to dispense drugs or provide consultations.Permits State enforcement of Internet prescription drug sale requirements, but retains the right of the Secretary to intervene.


Input:
SECTION 1. CONVEYANCE OF TITLE TO WORKS, FACILITIES, AND LANDS.

    (a) Definitions.--
            (1) Consolidated contract.--The term ``consolidated
        contract'' means the ``Amendatory and Supplemental Consolidated
        Contract with Wellton-Mohawk Irrigation and Drainage District
        for Delivery of Water, Construction of Works, Repayment, and
        Project Power Supply'' (Reclamation's Contract Number 1-07-30-
        W0021 Amendment No. 1) and any amendments or supplements.
            (2) Designated lands.--The term ``Designated Lands'' means
        those lands within or adjacent to the Division designated by
        Wellton-Mohawk, in conjunction with Reclamation, on the
        Production Re-examination Board maps referenced in the
        Consolidated Contract. Wellton-Mohawk will acquire the
        Designated Lands by fair value purchase or exchange as set
        forth in the Memorandum of Agreement.
            (3) Division.--The term ``Division'' means the Wellton-
        Mohawk Division of the Gila Project, Arizona.
            (4) Memorandum of agreement.--The term ``Memorandum of
        Agreement'' means the agreement to be made between the
        Secretary and Wellton-Mohawk setting forth, among other things,
        the amount of administrative costs to be shared by the United
        States and Wellton-Mohawk; the fair value price of the
        Designated Lands to be purchased by Wellton-Mohawk; the date
        certain by which transfer must be completed to avoid transfer
        by operation of law; and, addressing salinity control concerns
        of Reclamation with regards to return flows from Wellton-
        Mohawk.
            (5) Reclamation.--The term ``Reclamation'' means the
        Department of the Interior, Bureau of Reclamation.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (7) Wellton-mohawk.--The term ``Wellton-Mohawk'' means the
        Wellton-Mohawk Irrigation and Drainage District, an irrigation
        and drainage district created, organized and existing under and
        by virtue of the laws of the State of Arizona. Wellton-Mohawk
        is a fully paid out single reclamation purpose district and
        intends to continue to operate as a single reclamation purpose
        district following transfer of title to its works, facilities,
        and lands.
            (8) Western.--The term ``Western'' means the Department of
        Energy, Western Area Power Administration.
    (b) Conveyance.--The Secretary shall, upon payment of such
consideration as provided in this section and section (d) (requiring
fair value payment for Designated Lands) and none other, convey to
Wellton-Mohawk, by quitclaim deed or patent, all right, title, and
interest of the United States in and to Designated Lands, easements,
and rights-of-way of or in connection with the Division, together with
the pumping plants, canals, drains, laterals, roads, pumps, motors,
checks, headgates, relifts, transformers, buildings, works, including
Gila River flood protection and control works and related works and
facilities made a part of the project works by Reclamation Contract 9-
07-30-W0117, and other improvements or appurtenances to the land or
used for the delivery of water from the headworks (but not the
headworks themselves) of the Wellton-Mohawk Canal, including all
facilities used in conjunction with the Division (including the
Wellton-Mohawk Main Conveyance Channel and drainage facilities of the
Division and related purposes for which the allocable construction
costs have been fully repaid by Wellton-Mohawk). Administrative costs,
including costs associated with compliance with procedural requirements
of environmental or other statutes, of transfer of title to works,
facilities, and lands and related activities shall be paid in equal
shares by the United States and Wellton-Mohawk, pursuant to the
Memorandum of Agreement. Reclamation is hereby authorized to expend
funds for the purpose of completing the transfer of title to works,
facilities, and lands herein authorized and directed.
    (c) Water and Power Delivery.--Notwithstanding the transfer of
title to works, facilities, and lands, the Secretary shall continue to
deliver water to Wellton-Mohawk in accordance with the terms of the
Consolidated Contract. Notwithstanding the transfer of title to works,
facilities, and lands, the Secretary and Western shall continue to
provide Wellton-Mohawk with project reserved power from the Parker
Reclamation Power Plant and Davis Reclamation Power Plant, in
accordance with the terms of the Consolidated Contract and the ``Power
Management Agreement'' (Reclamation's and Western's Contract Numbers 6-
CU-30-P1136, 6-CU-30-P1137, and 6-CU-30-P1138).
    (d) Payment.--Consideration for the Designated lands shall be the
fair value of the Designated Lands as established in the Memorandum of
Agreement. Fair value shall be paid to the United States by Wellton-
Mohawk, to the United States at the time of transfer.
    (e) Liability.--Effective on the date of conveyance of the project
works, facilities and lands, described in section 1(b), the United
States shall not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating to the
conveyed works, facilities, and lands, except for damages caused by
acts of negligence committed by the United States or by its employees,
agents, or contractors as provided in the Federal Tort Claims Act (28
U.S.C. 2671 et seq.).
    (f) Salinity Control.--The Memorandum of Agreement shall resolve
any salinity control issues resulting from return flows from Wellton-
Mohawk in accordance with Public Law 93-320.
    (g) Report.--The Secretary shall provide a report to the Committee
on Resources of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States Senate
within 18 months from the date of enactment of this Act on the status
of the transfer, any obstacles to completion of the transfer as
provided in this section, and the anticipated date for such transfer.
If such transfer has not occurred by the date certain established in
the Memorandum of Agreement, then upon the tender of fair value, as
established by Wellton-Mohawk, to the Secretary by Wellton-Mohawk, all
right, title, and interest of the United States in and to the works,
facilities, and lands described in section (b) shall transfer to and
vest in Wellton-Mohawk by operation of law. The Secretary shall provide
such evidence of title as Wellton-Mohawk may request at no cost to
Wellton-Mohawk.

Output:
Directs the Secretary of the Interior, after payment to the United States of appropriate consideration, to transfer certain works, facilities, and titles of the Gila Project, Arizona, as well as designated lands within or adjacent to such Project, to the Wellton-Mohawk Irrigation and Drainage District in Arizona.  Requires the Secretary to continue to deliver water to the District under the terms of a current consolidated contract.
Directs the Secretary to report to specified congressional committees on the status of such transfer, any transfer obstacles, and the anticipated transfer completion date.