Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Medications to Treat Addiction
Act of 1998''.

                   TITLE I--PHARMACOTHERAPY RESEARCH

SEC. 101. REAUTHORIZATION FOR MEDICATION DEVELOPMENT PROGRAM.

    Section 464P(e) of the Public Health Service Act (42 U.S.C. 285o-
4(e)) is amended to read as follows:
    ``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 1999 through 2001 of which the following
amount may be appropriated from the Violent Crime Reduction Trust Fund:
            ``(1) $100,000,000 for fiscal year 2000; and
            ``(2) $100,000,000 for fiscal year 2001.''.

           TITLE II--PATENT PROTECTIONS FOR PHARMACOTHERAPIES

SEC. 201. RECOMMENDATION FOR INVESTIGATION OF DRUGS.

    Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360aa(a)) is amended--
            (1) in the first sentence, by striking ``States'' and
        inserting ``States, or for treatment of an addiction to illegal
        drugs,'';
            (2) in the second sentence, by striking ``States'' and
        inserting ``States, or for treatment of an addiction to illegal
        drugs''; and
            (3) by striking ``such disease or condition'' each place it
        appears and inserting ``such disease or condition, or treatment
        of such addiction,''.

SEC. 202. DESIGNATION OF DRUGS.

    Section 526(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bb(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting before the period in the first
                sentence the following: ``, or for treatment of an
                addiction to illegal drugs'';
                    (B) in the third sentence, by striking ``rare
                disease or condition'' and inserting ``rare disease or
                condition, or for treatment of an addiction to illegal
                drugs,'';
                    (C) by striking ``such disease or condition,'' and
                inserting ``such disease or condition, or treatment of
                such addiction,''; and
                    (D) by striking ``such disease or condition.'' and
                inserting ``such disease or condition, or treatment of
                such addiction.''; and
            (2) in paragraph (2)--
                    (A) by striking ``(2) For'' and inserting ``(2)(A)
                For'';
                    (B) by striking ``(A) affects'' and inserting ``(i)
                affects'';
                    (C) by striking ``(B) affects'' and inserting
                ``(ii) affects''; and
                    (D) by adding at the end the following:
    ``(B) For purposes of this subchapter, the term `treatment of an
addiction to illegal drugs' means treatment by any pharmacological
agent or medication that--
            ``(i) reduces the craving for an illegal drug for an
        individual who--
                    ``(I) habitually uses the illegal drug in a manner
                that endangers the public health, safety, or welfare;
                or
                    ``(II) is so addicted to the use of the illegal
                drug that the individual is not able to control the
                addiction through the exercise of self-control;
            ``(ii) blocks the behavioral and physiological effects of
        an illegal drug for an individual described in clause (i);
            ``(iii) safely serves as a replacement therapy for the
        treatment of abuse of an illegal drug for an individual
        described in clause (i);
            ``(iv) moderates or eliminates the process of withdrawal
        from an illegal drug for an individual described in clause (i);
            ``(v) blocks or reverses the toxic effect of an illegal
        drug on an individual described in clause (i); or
            ``(vi) prevents, where possible, the initiation of abuse of
        an illegal drug in individuals at high risk.
    ``(C) The term `illegal drug' means a controlled substance
identified under schedules I, II, III, IV, and V in section 202(c) of
the Controlled Substances Act (21 U.S.C. 812(c)).''.

SEC. 203. PROTECTION FOR DRUGS.

    Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360cc) is amended--
            (1) in subsection (a), by striking ``rare disease or
        condition,'' and inserting ``rare disease or condition, or for
        treatment of an addiction to illegal drugs,'';
            (2) in subsection (b), by striking ``rare disease or
        condition'' and inserting ``rare disease or condition, or for
        treatment of an addiction to illegal drugs,'';
            (3) by striking ``such disease or condition'' each place it
        appears and inserting ``such disease or condition, or treatment
        of such addiction,''; and
            (4) in subsection (b)(1), by striking ``the disease or
        condition'' and inserting ``the disease, condition, or
        addiction''.

SEC. 204. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS.

    Section 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360dd) is amended--
            (1) by striking ``rare disease or condition'' and inserting
        ``rare disease or condition, or for treatment of an addiction
        to illegal drugs,''; and
            (2) by striking ``the disease or condition'' each place it
        appears and inserting ``the disease, condition, or addiction''.

SEC. 205. CONFORMING AMENDMENTS.

    (a) Subchapter Heading.--The subchapter heading of subchapter B of
chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa
et seq.) is amended by striking ``Conditions'' and inserting
``Conditions, or for Treatment of an Addiction''.
    (b) Section Headings.--The section heading of sections 525 through
528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa
through 360dd) are amended by striking ``conditions'' and inserting
``conditions, or for treatment of an addiction''.
    (c) Fees.--Section 736(a)(1)(E) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379h(a)(1)(E)) is amended--
            (1) in the subparagraph heading, by striking ``orphan'';
            (2) by striking ``for a rare disease or condition'' each
        place it appears and inserting ``for a rare disease or
        condition, or for treatment of an addiction to illegal
        drugs,''; and
            (3) in the first sentence, by striking ``rare disease or
        condition.'' and inserting ``rare disease or condition, or
        other than for treatment of an addiction to illegal drugs,
        respectively.''.

 TITLE III--ENCOURAGING PRIVATE SECTOR DEVELOPMENT OF PHARMACOTHERAPIES

SEC. 301. DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE
              TREATMENT OF ADDICTION TO ILLEGAL DRUGS.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by adding at the end the following:

        ``Subchapter F--Drugs for Cocaine and Heroin Addictions

``SEC. 571. CRITERIA FOR AN ACCEPTABLE DRUG TREATMENT FOR COCAINE AND
              HEROIN ADDICTIONS.

    ``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall, in cooperation with the Institute of Medicine of the
National Academy of Sciences, establish criteria for an acceptable drug
for the treatment of an addiction to cocaine and for an acceptable drug
for the treatment of an addiction to heroin. The criteria shall be used
by the Secretary in making a contract, or entering into a licensing
agreement, under section 572.
    ``(b) Requirements.--The criteria established under subsection (a)
for a drug shall include requirements--
            ``(1) that the application to use the drug for the
        treatment of addiction to cocaine or heroin was filed and
        approved by the Secretary under this Act after the date of
        enactment of this section;
            ``(2) that a performance based test on the drug--
                    ``(A) has been conducted through the use of a
                randomly selected test group that received the drug as
                a treatment and a randomly selected control group that
                received a placebo; and
                    ``(B) has compared the long term differences in the
                addiction levels of control group participants and test
                group participants;
            ``(3) that the performance based test conducted under
        paragraph (2) demonstrates that the drug is effective through
        evidence that--
                    ``(A) a significant number of the participants in
                the test who have an addiction to cocaine or heroin are
                willing to take the drug for the addiction;
                    ``(B) a significant number of the participants in
                the test who have an addiction to cocaine or heroin and
                who were provided the drug for the addiction during the
                test are willing to continue taking the drug as long as
                necessary for the treatment of the addiction; and
                    ``(C) a significant number of the participants in
                the test who were provided the drug for the period of
                time required for the treatment of the addiction
                refrained from the use of cocaine or heroin, after the
                date of the initial administration of the drug on the
                participants, for a significantly longer period than
                the average period of refraining from such use under
                currently available treatments (as of the date of the
                application described in paragraph (1)); and
            ``(4) that the drug shall have a reasonable cost of
        production.
    ``(c) Review and Publication of Criteria.--The criteria established
under subsection (a) shall, prior to the publication and application of
such criteria, be submitted for review to the Committee on the
Judiciary, and the Committee on Education and the Workplace, of the
House of Representatives, and the Committee on the Judiciary, and the
Committee on Labor and Human Resources, of the Senate. Not later than
90 days after notifying each of the committees, the Secretary shall
publish the criteria in the Federal Register.

``SEC. 572. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT.

    ``(a) Application.--
            ``(1) In general.--The patent owner of a drug to treat an
        addiction to cocaine or heroin, may submit an application to
        the Secretary--
                    ``(A) to enter into a contract with the Secretary
                to sell to the Secretary the patent rights of the owner
                relating to the drug; or
                    ``(B) in the case in which the drug is approved
                under section 505 by the Secretary for more than 1
                indication, to enter into an exclusive licensing
                agreement with the Secretary for the manufacture and
                distribution of the drug to treat an addiction to
                cocaine or heroin.
            ``(2) Requirements.--An application described in paragraph
        (1) shall be submitted at such time and in such manner, and
        accompanied by such information, as the Secretary may require.
    ``(b) Contract and Licensing Agreements.--
            ``(1) Requirements.--The Secretary may enter into a
        contract or a licensing agreement described in subsection (a)
        with a patent owner who has submitted an application in
        accordance with subsection (a) if the drug covered under the
        contract or licensing agreement meets the criteria established
        by the Secretary under section 551(a).
            ``(2) Special rule.--The Secretary may, under paragraph
        (1), enter into--
                    ``(A) not more than 1 contract or exclusive
                licensing agreement relating to a drug for the
                treatment of an addiction to cocaine; and
                    ``(B) not more than 1 contract or licensing
                agreement relating to a drug for the treatment of an
                addiction to heroin.
            ``(3) Coverage.--A contract or licensing agreement
        described in subparagraph (A) or (B) of paragraph (2) shall
        cover not more than 1 drug.
            ``(4) Purchase amount.--Subject to amounts provided in
        advance in appropriations Acts--
                    ``(A) the amount to be paid to a patent owner who
                has entered into a contract or licensing agreement
                under this subsection relating to a drug to treat an
                addiction to cocaine shall not exceed $100,000,000; and
                    ``(B) the amount to be paid to a patent owner who
                has entered into a contract or licensing agreement
                under this subsection relating to a drug to treat an
                addiction to heroin shall not exceed $50,000,000.
    ``(c) Transfer of Rights Under Contracts and Licensing Agreement.--
            ``(1) Contracts.--A contract under subsection (b)(1) to
        purchase the patent rights relating to a drug to treat cocaine
        or heroin addiction shall transfer to the Secretary--
                    ``(A) the exclusive right to make, use, or sell the
                patented drug within the United States for the term of
                the patent;
                    ``(B) any foreign patent rights held by the patent
                owner with respect to the drug;
                    ``(C) any patent rights relating to the process of
                manufacturing the drug; and
                    ``(D) any trade secret or confidential business
                information relating to the development of the drug,
                process for manufacturing the drug, and therapeutic
                effects of the drug.
            ``(2) Licensing agreements.--A licensing agreement under
        subsection (b)(1) to purchase an exclusive license relating to
        manufacture and distribution of a drug to treat an addiction to
        cocaine or heroin shall transfer to the Secretary--
                    ``(A) the exclusive right to make, use, or sell the
                patented drug for the purpose of treating an addiction
                to cocaine or heroin within the United States for the
                term of the patent;
                    ``(B) the right to use any patented processes
                relating to manufacturing the drug; and
                    ``(C) any trade secret or confidential business
                information relating to the development of the drug,
                process for manufacturing the drug, and therapeutic
                effects of the drug relating to use of the drug to
                treat an addiction to cocaine or heroin.

``SEC. 573. PLAN FOR MANUFACTURE AND DEVELOPMENT.

    ``(a) In General.--Not later than 90 days after the date on which
the Secretary purchases the patent rights of a patent owner, or enters
into a licensing agreement with a patent owner, under section 572,
relating to a drug under section 571, the Secretary shall develop a
plan for the manufacture and distribution of the drug.
    ``(b) Plan Requirements.--The plan shall set forth--
            ``(1) procedures for the Secretary to enter into licensing
        agreements with private entities for the manufacture and the
        distribution of the drug;
            ``(2) procedures for making the drug available to nonprofit
        entities and private entities to use in the treatment of a
        cocaine or heroin addiction;
            ``(3) a system to establish the sale price for the drug;
        and
            ``(4) policies and procedures with respect to the use of
        Federal funds by State and local governments or nonprofit
        entities to purchase the drug from the Secretary.
    ``(c) Applicability of Procurement and Licensing Laws.--Federal law
relating to procurements and licensing agreements by the Federal
Government shall be applicable to procurements and licenses covered
under the plan described in subsection (a).
    ``(d) Review of Plan.--
            ``(1) In general.--Upon completion of the plan under
        subsection (a), the Secretary shall notify the Committee on the
        Judiciary, and the Committee on Education and the Workplace, of
        the House of Representatives, and the Committee on the
        Judiciary, and the Committee on Labor and Human Resources, of
        the Senate, of the development of the plan and publish the plan
        in the Federal Register. The Secretary shall provide an
        opportunity for public comment on the plan for a period of not
        more than 30 days after the date of the publication of the plan
        in the Federal Register.
            ``(2) Final plan.--Not later than 60 days after the date of
        the expiration of the comment period described in paragraph
        (1), the Secretary shall publish in the Federal Register a
        final plan described in subsection (a). The implementation of
        the plan shall begin on the date of the publication of the
        final plan.
    ``(e) Construction.--The development, publication, or
implementation of the plan, or any other agency action with respect to
the plan, shall not be considered agency action subject to judicial
review. No official or court of the United States shall have power or
jurisdiction to review the decision of the Secretary on any question of
law or fact relating to any agency action with respect to the plan.
    ``(f) Regulations.--The Secretary may promulgate regulations to
carry out this section.

``SEC. 574. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this
subchapter, such sums as may be necessary in each of the fiscal years
1999 through 2001.''.

Output:
TABLE OF CONTENTS:
     Title I:  Pharmacotherapy Research
     Title II:  Patent Protections for Pharmacotherapies
     Title III:  Encouraging Private Sector Development of
          Pharmacotherapies
New Medications to Treat Addiction Act of 1998 -
Title I: Pharmacotherapy Research
 - Amends the Public Health Service Act to authorize appropriations as necessary to carry out provisions relating to development of medications to treat drug addiction, allowing specified sums of those amounts to be appropriated from the Violent Crime Reduction Trust Fund.
Title II:  Patent Protections for Pharmacotherapies
 - Amends the Federal Food, Drug, and Cosmetic Act to add references to drugs for the treatment of addiction to illegal drugs to provisions relating to drugs for rare diseases or conditions, allowing exclusive approval, certification, or licensure, subject to exception.  Requires that the sponsor of such a treatment drug be encouraged to design open protocols.
Title III:  Encouraging Private Sector Development of Pharmacotherapies
 - Mandates establishment of criteria for an acceptable drug for the treatment of addiction to cocaine and an acceptable drug for the treatment of addiction to heroin.
Allows the patent owner of a drug to treat cocaine or heroin addiction to apply to the Secretary of Health and Human Services to sell the patent rights to, or make an exclusive licensing agreement with, the Secretary.  Sets the purchase amount at $100 million for the cocaine treatment drug and $50 million for the heroin treatment drug. Directs the Secretary, after the sale or licensing, to develop a manufacturing and distribution plan.
Authorizes appropriations to carry out this title.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fix United States Government
Contracting Deficit with China Act''.

SEC. 2. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) The purchase of government goods and services is an
        important means through which the government fulfills its
        constitutional duties to provide for the common defense and
        promote the general welfare of the United States.
            (2) American taxpayers expect that government procurement
        serves the interests of all Americans.
            (3) The United States and several of its trading partners
        are signatories to the WTO Agreement on Government Procurement,
        which holds that signatories agree to certain restraints with
        regard to government procurement.
            (4) However, the People's Republic of China is not a
        signatory to the Agreement on Government Procurement, and that,
        accordingly, it is not a violation of that agreement for the
        Congress to establish procurement policies as best suit the
        American public interest with regard to Chinese goods.
            (5) China has structured its government procurement law to
        favor its domestic goods, as noted in article 10 of such law.
            (6) China has also recently announced a plan to favor so-
        called ``indigenous innovation'' under which the Chinese
        Government would expressly favor locally developed products and
        technologies.
            (7) American companies have had little or no success in
        accessing Chinese Government procurement contracts, while
        Chinese companies have had great success in selling goods for
        United States Government projects.
    (b) Statement of Policy.--Accordingly, it shall be the policy of
the United States to limit the total value of Chinese goods that may be
procured by the United States Government during a calendar year to not
more than the total value of United States goods procured by the
Chinese Government if any during the preceding calendar year.

SEC. 3. CERTIFICATION; PROHIBITION AND LIMITATION ON UNITED STATES
              PROCUREMENT OF CHINESE GOODS.

    (a) Certification.--Not later than March 1 of each year beginning
in 2012, the Secretary of Commerce shall submit to Congress a
certification in writing that contains the following:
            (1) A determination of whether or not the Chinese
        Government has prohibited the procurement of United States
        goods by the Chinese Government during the preceding calendar
        year.
            (2) If the Chinese Government has not prohibited the
        procurement of United States goods by the Chinese Government
        during the preceding calendar year, an identification of the
        total value of United States goods procured by the Chinese
        Government during the preceding calendar year, as determined by
        the International Trade Administration under section 4.
    (b) Prohibition.--If the Secretary determines and certifies to
Congress under subsection (a)(1) that the Chinese Government has
prohibited the procurement of United States goods by the Chinese
Government during the preceding calendar year, then--
            (1) the head of each executive agency may not award a
        contract for the procurement of Chinese goods during the
        succeeding calendar year; and
            (2) the Secretary of Transportation shall prohibit a State
        or other entity from using funds made available from the
        Highway Trust Fund or the Airport and Airway Trust Fund for the
        award of a contract for the procurement of Chinese goods during
        the succeeding calendar year.
    (c) Limitation.--
            (1) In general.--If the Secretary determines and certifies
        to Congress under subsection (a)(1) that the Chinese Government
        has not prohibited the procurement of United States goods by
        the Chinese Government during the preceding calendar year, then
        the total value of Chinese goods that may be procured by the
        United States Government during the succeeding calendar year
        may not exceed the total value of United States goods procured
        by the Chinese Government during the preceding calendar year,
        as identified under subsection (a)(2).
            (2) Rule of construction.--For purposes of determining the
        total value of Chinese goods that may be procured by the United
        States Government during a calendar year under paragraph (1),
        the total value of Chinese goods procured by a State or other
        entity using funds made available from the Highway Trust Fund
        or the Airport and Airway Trust Fund during the preceding
        calendar year shall be deemed to be Chinese goods procured by
        the United States Government.

SEC. 4. ITA PROGRAM AND NOTIFICATION.

    (a) Program.--The International Trade Administration shall
establish a program--
            (1) to identify the total value of United States goods
        procured by the Chinese Government on an annual basis, as
        required under section 3(a)(2), including an accounting of the
        value of such procurement; and
            (2) to provide notification in accordance with subsection
        (b).
    (b) Notification.--The International Trade Administration shall
publish notice in the Federal Register on or as soon as practicable
after the date on which the total value of Chinese goods procured by
the United States Government equals 50 percent, 75 percent, and 100
percent of the total value of United States goods procured by the
Chinese Government during the preceding calendar year for purposes of
complying with the limitation under section 3(c).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Chinese good.--The term ``Chinese good'' means a good
        that is the growth, product, or manufacture of the People's
        Republic of China. A good shall be determined to be the
        manufacture of the People's Republic of China for purposes of
        this paragraph if the sum of--
                    (A) the cost or value of the materials produced in
                China, plus
                    (B) the direct costs of processing operations
                performed in China,
        is not less than 50 percent of the appraised value of such good
        at the time it is entered.
            (2) Chinese government.--The term ``Chinese Government''
        means the central government of the People's Republic of China
        and any other governmental entity, including--
                    (A) any agency or instrumentality of the Chinese
                Government;
                    (B) any entity that is owned or controlled,
                directly or indirectly, by the Chinese Government; and
                    (C) any Chinese provincial or local governmental
                entity.
            (3) Executive agency.--The term ``executive agency'' has
        the meaning given the term in section 4 of the Office of
        Federal Procurement Policy Act (41 U.S.C. 403).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (5) United states good.--The term ``United States good''
        means a good that is the growth, product, or manufacture of the
        United States. A good shall be determined to be the manufacture
        of the United States for purposes of this paragraph if the sum
        of--
                    (A) the cost or value of the materials produced in
                the United States, plus
                    (B) the direct costs of processing operations
                performed in the United States,
        is not less than 50 percent of the appraised value of such good
        at the time it is entered.

Output:
Fix United States Government Contracting Deficit with China Act - Directs the Secretary of Commerce to certify annually to Congress: (1) a determination of whether the Chinese government has prohibited its procurement of U.S. goods during the preceding calendar year; and (2) the total value of U.S. goods procured by the Chinesse government during that year, if the Chinese government has not prohibited such procurement.

Prohibits the head of each executive agency from awarding a contract for the procurement of Chinese goods during the succeeding calendar year if the Chinese government has prohibited procurement of U.S. goods during the preceding calendar year.

Directs the Secretary of Transportation (DOT), in such an instance, to prohibit a state or other entity from using funds made available to it from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year.

Limits the total value of Chinese goods that may be procured by the U.S. government during the succeeding calendar year to the total value of U.S. goods procured by the Chinese Government during the preceding calendar year, if in fact the Chinese government has not prohibited its procurement of U.S. goods during that preceding calendar year.

Directs the International Trade Administration to establish a program to: (1) identify annually the total value of U.S. goods procured by the Chinese government; and (2) provide notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the U.S. government equals 50%, 75%, and 100% of the total value of U.S. goods procured by the Chinese government during the preceding calendar year, for purposes of compliance with the limitation required by this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Waste, Fraud, and Abuse
Act of 2010''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) To protect the taxpayer and the Treasury, it is the
        responsibility of the Congress to provide Federal agencies with
        the financial resources necessary to enforce the laws of the
        United States and to prevent waste, fraud, and abuse of
        taxpayer's dollars.
            (2) For every $1 invested in the Department of Health and
        Human Services and the Department of Justice for program
        integrity efforts to prevent waste, fraud, and abuse of
        Medicare, Medicaid, and the Children's Health Insurance
        Program, approximately $1.55 will be saved, according to a
        report issued by the Office of Management and Budget.
            (3) Increased program integrity efforts by the Department
        of Health and Human Services and the Department of Justice can
        provide an estimated savings of $4,470,000,000 on an investment
        of $3,100,000,000 in Medicare, Medicaid, and the Children's
        Health Insurance Program over the next 5 fiscal years and an
        estimated savings of $9,870,000,000 on an investment of
        $6,753,000,000 over the next 10 fiscal years, according to a
        report issued by the Office of Management and Budget.
            (4) For every $1 invested in the Social Security
        Administration for program integrity efforts to increase the
        volume of continuing disability reviews conducted pursuant to
        section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to
        determine whether a recipient of disability insurance benefits
        under section 223(a) of such Act (42 U.S.C. 423(a)) will
        continue to be eligible for such benefits, approximately $10
        will be saved, according to a report issued by the Office of
        Management and Budget.
            (5) For every $1 invested in the Social Security
        Administration for program integrity efforts to increase the
        volume of continuing disability reviews conducted pursuant to
        section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to
        determine whether a recipient of supplemental security income
        benefits under section 1611 of such Act (42 U.S.C. 1382) will
        continue to be eligible for such benefits, approximately $8
        will be saved, according to a report issued by the Office of
        Management and Budget.
            (6) Providing additional funding to the Social Security
        Administration to increase the volume of continuing disability
        reviews conducted pursuant to sections 221(i) and 1631(j) of
        Social Security Act (42 U.S.C. 421(i), 1383(j), respectively)
        can provide an estimated savings of $16,102,000,000 on an
        investment of $3,953,000,000 over the next 5 fiscal years and
        an estimated savings of $57,838,000,000 on an investment of
        $10,252,000,000 over the next 10 fiscal years, according to a
        report issued by the Office of Management and Budget.
            (7) The tax gap, the difference between the annual amount
        of Federal income taxes owed and the amount voluntarily paid on
        time, places an undue burden upon the overwhelming majority of
        taxpayers who fully and voluntarily pay their taxes on time.
            (8) In a report released in 2009 by the Internal Revenue
        Service, it was estimated that in 2005 (the most recent
        estimate available) the gross tax gap was $345,000,000,000 and
        the net tax gap (after the collection of late and enforced
        payments) was $290,000,000,000.
            (9) In 2009, for every $1 that was invested for the
        purposes of enforcing the tax code, the Internal Revenue
        Service returned an average of $4 to the Treasury, with some
        enforcement activities returning as much as $11 for every $1
        invested, according to a report issued by the Office of
        Management and Budget.
            (10) By increasing overall tax enforcement efforts, the
        Internal Revenue Service can provide an estimated savings of
        $13,874,000,000 on an investment of $8,869,000,000 over the
        next 5 fiscal years and an estimated savings of $62,217,000,000
        on an investment of $23,275,000,000 over the next 10 fiscal
        years, according to a report issued by the Office of Management
        and Budget.
            (11) For each $1 invested to increase the volume of in-
        person reemployment and eligibility assessments conducted by
        States for the Department of Labor's unemployment insurance
        program, approximately $3.19 will be saved over the next 10
        years, according to a report issued by the Office of Management
        and Budget.
            (12) States will save the Department of Labor's
        unemployment insurance program an estimated $937,000,000 on an
        investment of $325,000,000 by increasing the volume of in-
        person reemployment and eligibility assessments over the next 5
        fiscal years and an estimated savings of $2,296,000,000 on an
        investment of $720,000,000 over the next 10 fiscal years,
        according to a report issued by the Office of Management and
        Budget.
            (13) The investments described in the preceding paragraphs,
        if carried out, will save the taxpayers nearly $2,000,000,000
        during fiscal year 2011, while laying the foundations for
        saving more than $35,000,000,000 over the next 5 fiscal years
        and more than $132,000,000,000 over the next 10 fiscal years.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency head.--The term ``agency head'' means--
                    (A) the Attorney General;
                    (B) the Commissioner of Social Security;
                    (C) the Secretary of Health and Human Services;
                    (D) the Secretary of Labor; and
                    (E) the Secretary of the Treasury.
            (2) Director.--The term ``Director'' means the Director of
        the Office of Management and Budget.

SEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS.

    (a) Program Integrity Efforts.--
            (1) In general.--Each agency head, in consultation with the
        Director, shall--
                    (A) identify existing Federal laws and regulations
                that may impede the ability to decrease waste, fraud,
                and abuse of funds appropriated to the agency head's
                agency; and
                    (B) develop appropriate performance metrics to
                measure such agency's success in decreasing waste,
                fraud, and abuse.
            (2) Development of metrics.--In developing performance
        metrics referred to in paragraph (1)(B), each agency head
        shall--
                    (A) ensure that such metrics accurately demonstrate
                the effectiveness of the programs and activities
                referred to in subsection (d) in decreasing waste,
                fraud, and abuse;
                    (B) provide estimates for points of diminishing
                returns on the funds provided under this Act to
                increase program integrity efforts;
                    (C) identify optimal baselines for each of the
                metrics developed under this subsection and appropriate
                methods to measure variations from such baselines; and
                    (D) set performance targets for each of fiscal
                years 2012 through 2020.
    (b) Innovation and Development.--Each agency head shall make
appropriate accommodations for innovation and development to address
the program integrity efforts for programs and activities referred to
in subsection (d).
    (c) Reports.--
            (1) In general.--Each agency head shall submit to
        Congress--
                    (A) not later than 6 months after the date of
                enactment of this Act, an interim report that includes
                a description of--
                            (i) what the performance metrics developed
                        under subsection (a) will be measuring; and
                            (ii) how such metrics will measure and
                        provide an accurate analysis of the performance
                        of the applicable programs and activities
                        referred to in subsection (d); and
                    (B) not later than 1 year after the date of
                enactment of this Act, a final report that sets forth
                the performance metrics developed under subsection (a).
            (2) Federal register; web site.--Each agency head shall
        publish in the Federal Register and make available on the
        agency Web site the performance metrics set forth in its final
        report submitted under paragraph (1)(B) not later than 30 days
        after such report is submitted.
            (3) Modification of performance metrics.--Not later than 30
        days after the date on which any performance metrics developed
        under subsection (a) are modified by an agency head, such
        agency head shall submit to Congress a written notice
        describing such modifications.
            (4) OMB annual report.--Using the performance metrics
        developed under subsection (a), each year, beginning with the
        first fiscal year following the date on which the final reports
        are required to be submitted under paragraph (1)(B), on or
        after the first Monday in January but not later than the first
        Monday in February, the Director shall submit to Congress an
        annual report measuring the success of the agency head's agency
        in decreasing waste, fraud, and abuse of funds appropriated to
        such agency. Each annual report shall include a summary of and
        justifications for any modified performance metrics submitted
        to Congress pursuant to paragraph (3).
            (5) Referral of reports.--Each report submitted pursuant to
        this subsection shall be referred to the Committee on
        Appropriations and the Committee on the Budget of the House of
        Representatives and the Committee on Appropriations and the
        Committee on the Budget of the Senate, and any other
        appropriate committee of jurisdiction.
    (d) Authorization of Appropriations.--
            (1) Department of health and human services; department of
        justice.--For the purposes of continuing and increasing program
        integrity efforts of the Department of Health and Human
        Services and the Department of Justice to prevent waste, fraud,
        and abuse of Medicare, Medicaid, and the Children's Health
        Insurance Program, there are authorized to be appropriated the
        following sums:
                    (A) $561,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $589,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $619,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $649,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $682,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $3,653,000,000 for the period encompassing
                fiscal years 2016 through 2020.
            (2) Social security administration.--For the purposes of
        continuing and increasing program integrity efforts of the
        Social Security Administration by increasing the volume of
        continuing disability reviews conducted pursuant to sections
        221(i) and 1631(j) of the Social Security Act (42 U.S.C.
        421(i), 1383(j), respectively), there are authorized to be
        appropriated to the Commissioner of Social Security the
        following sums:
                    (A) $513,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $642,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $751,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $924,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $1,123,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $6,299,000,000 for the period encompassing
                fiscal years 2016 through 2020.
            (3) Department of the treasury.--For purposes of continuing
        and increasing program integrity efforts of the Department of
        the Treasury by expanding tax enforcement activities, there are
        authorized to be appropriated to the Secretary of the Treasury
        the following sums:
                    (A) $1,115,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $1,357,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $1,724,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $2,105,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $2,568,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $14,406,000,000 for the period encompassing
                fiscal years 2016 through 2020.
            (4) Department of labor.--For purposes of continuing and
        increasing program integrity efforts of the Department of Labor
        by increasing the volume of in-person reemployment and
        eligibility assessments of unemployment insurance beneficiaries
        conducted by States, there are authorized to be appropriated to
        the Secretary of Labor the following sums:
                    (A) $55,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $60,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $65,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $70,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $75,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $395,000,000 for the period encompassing fiscal
                years 2016 through 2020.

Output:
Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury (agency head), in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies; and (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse.

Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse; (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines; and (4) set performance targets for each of FY2012-FY2020.

Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act.

Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report; and (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dru Sjodin National Sex Offender
Public Database Act of 2004'' or ``Dru's Law''.

SEC. 2. DEFINITION.

    In this Act:
            (1) Criminal offense against a victim who is a minor.--The
        term ``criminal offense against a victim who is a minor'' has
        the same meaning as in section 170101(a)(3) of the Jacob
        Wetterling Crimes Against Children and Sexually Violent
        Offender Registration Act (42 U.S.C. 14071(a)(3)).
            (2) Minimally sufficient sexual offender registration
        program.--The term ``minimally sufficient sexual offender
        registration program'' has the same meaning as in section
        170102(a) of the Jacob Wetterling Crimes Against Children and
        Sexually Violent Offender Registration Act (42 U.S.C.
        14072(a)).
            (3) Sexually violent offense.--The term ``sexually violent
        offense'' has the same meaning as in section 170101(a)(3) of
        the Jacob Wetterling Crimes Against Children and Sexually
        Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
            (4) Sexually violent predator.--The term ``sexually violent
        predator'' has the same meaning as in section 170102(a) of the
        Jacob Wetterling Crimes Against Children and Sexually Violent
        Offender Registration Act (42 U.S.C. 14072(a)).

SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.

    (a) In General.--The Attorney General shall--
            (1) make publicly available in a registry (in this Act
        referred to as the ``public registry'') from information
        contained in the the National Sex Offender Registry, via the
        Internet, all information described in subsection (b); and
            (2) allow for users of the public registry to determine
        which registered sex offenders are currently residing within a
        radius, as specified by the user of the public registry, of the
        location indicated by the user of the public registry.
    (b) Information Available in Public Registry.--With respect to any
person convicted of a criminal offense against a victim who is a minor
or a sexually violent offense, or any sexually violent predator,
required to register with a minimally sufficient sexual offender
registration program within a State, including a program established
under section 170101 of the Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration Act (42 U.S.C. 14017(b)),
the public registry shall provide, to the extent available in the
National Sex Offender Registry--
            (1) the name and any known aliases of the person;
            (2) the date of birth of the person;
            (3) the current address of the person and any subsequent
        changes of that address;
            (4) a physical description and current photograph of the
        person;
            (5) the nature of and date of commission of the offense by
        the person;
            (6) the date on which the person is released from prison,
        or placed on parole, supervised release, or probation; and
            (7) any other information the Attorney General considers
        appropriate.

SEC. 4. RELEASE OF HIGH RISK INMATES.

    (a) Civil Commitment Proceedings.--
            (1) In general.--Any State that provides for a civil
        commitment proceeding, or any equivalent proceeding, shall
        issue timely notice to the attorney general of that State of
        the impending release of any person incarcerated by the State
        who--
                    (A) is a sexually violent predator; or
                    (B) has been deemed by the State to be at high-risk
                for recommitting any sexually violent offense or
                criminal offense against a victim who is a minor.
            (2) Review.--Upon receiving notice under paragraph (1), the
        State attorney general shall consider whether or not to
        institute a civil commitment proceeding, or any equivalent
        proceeding required under State law.
    (b) Monitoring of Released Persons.--
            (1) In general.--Each State shall intensively monitor, for
        not less than 1 year, any person described under paragraph (2)
        who--
                    (A) has been unconditionally released from
                incarceration by the State; and
                    (B) has not been civilly committed pursuant to a
                civil commitment proceeding, or any equivalent
                proceeding under State law.
            (2) Applicability.--Paragraph (1) shall apply to--
                    (A) any sexually violent predator; or
                    (B) any person who has been deemed by the State to
                be at high-risk for recommitting any sexually violent
                offense or criminal offense against a victim who is a
                minor.
    (c) Compliance.--
            (1) Compliance date.--Each State shall have not more than 3
        years from the date of enactment of this Act in which to
        implement the requirements of this section.
            (2) Ineligibility for funds.--A State that fails to
        implement the requirements of this section, shall not receive
        25 percent of the funds that would otherwise be allocated to
        the State under section 20106(b) of the Violent Crime Control
        and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)).
            (3) Reallocation of funds.--Any funds that are not
        allocated for failure to comply with this section shall be
        reallocated to States that comply with this section.

            Passed the Senate November 19, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Output:
Dru Sjodin National Sex Offender Public Database Act of 2004 or Dru's Law - Directs the Attorney General to: (1) make publicly available in a registry via the Internet, from information contained in the National Sex Offender Registry, specified information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor, who are required to register with a minimally sufficient State sexual offender registration program; and (2) allow registry users to identity offenders who are currently residing within a radius of the location indicated by the user. Requires registry information to include the offender's name, address, date of birth, physical description, and photograph, the nature and date of commission of the offense, and the date on which the person is released from prison or placed on parole, supervised release, or probation

Requires: (1) any State that provides for a civil commitment proceeding to notify the State attorney general of the impending release of a sexually violent predator or a person has been deemed to be at high-risk for recommitting any sexually violent offense or criminal offense against a minor; (2) the State attorney general to consider instituting a civil commitment proceeding; and (3) each State to intensively monitor, for at least a year, any such person who has been unconditionally released by the State and who has not been civilly committed.

Makes a State that fails to implement Act requirements ineligible to receive 25 percent of funds that would otherwise be allocated to it under the Violent Crime Control and Law Enforcement Act of 1994.


Input:
SECTION 1. CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS.

    (a) Establishment of Program.--
            (1) Program requirements.--Chapter 201 of title 49, United
        States Code, is amended by adding at the end of subchapter II
        the following new section:
``Sec. 20154. Capital grants for rail line relocation projects
    ``(a) Establishment of Program.--The Secretary of Transportation
shall carry out a grant program to provide financial assistance for
local rail line relocation projects.
    ``(b) Eligibility.--A State is eligible for a grant under this
section for any project for the improvement of the route or structure
of a rail line passing through a municipality of the State that--
            ``(1) is carried out for the purpose of mitigating the
        adverse effects of rail traffic on safety, motor vehicle
        traffic flow, or economic development in the municipality;
            ``(2) involves a lateral or vertical relocation of any
        portion of the rail line within the municipality to avoid a
        closing of a grade crossing or the construction of a road
        underpass or overpass; and
            ``(3) meets the costs-benefits requirement set forth in
        subsection (c).
    ``(c) Costs-Benefits Requirement.--A grant may be awarded under
this section for a project for the relocation of a rail line only if
the benefits of the project for the period equal to the estimated
economic life of the relocated rail line exceed the costs of the
project for that period, as determined by the Secretary considering the
following factors:
            ``(1) The effects of the rail line and the rail traffic on
        motor vehicle and pedestrian traffic, safety, and area commerce
        if the rail line were not so relocated.
            ``(2) The effects of the rail line, relocated as proposed,
        on motor vehicle and pedestrian traffic, safety, and area
        commerce.
            ``(3) The effects of the rail line, relocated as proposed,
        on the freight and passenger rail operations on the rail line.
    ``(d) Considerations for Approval of Grant Applications.--In
addition to considering the relationship of benefits to costs in
determining whether to award a grant to an eligible State under this
section, the Secretary shall consider the following factors:
            ``(1) The capability of the State to fund the rail line
        relocation project without Federal grant funding.
            ``(2) The requirement and limitation relating to allocation
        of grant funds provided in subsection (e).
            ``(3) Equitable treatment of the various regions of the
        United States.
    ``(e) Allocation Requirements.--
            ``(1) Grants not greater than $20,000,000.--At least 50
        percent of all grant funds awarded under this section out of
        funds appropriated for a fiscal year shall be provided as grant
        awards of not more than $20,000,000 each.
            ``(2) Limitation per project.--Not more than 25 percent of
        the total amount available for carrying out this section for a
        fiscal year may be provided for any one project in that fiscal
        year.
    ``(f) Federal Share.--The total amount of a grant awarded under
this section for a rail line relocation project shall be 90 percent of
the shared costs of the project, as determined under subsection (g)(4).
    ``(g) State Share.--
            ``(1) Percentage.--A State shall pay 10 percent of the
        shared costs of a project that is funded in part by a grant
        awarded under this section.
            ``(2) Forms of contributions.--The share required by
        paragraph (1) may be paid in cash or in kind.
            ``(3) In-kind contributions.--The in-kind contributions
        that are permitted to be counted under paragraph (2) for a
        project for a State are as follows:
                    ``(A) A contribution of real property or tangible
                personal property (whether provided by the State or a
                person for the State).
                    ``(B) A contribution of the services of employees
                of the State, calculated on the basis of costs incurred
                by the State for the pay and benefits of the employees,
                but excluding overhead and general administrative
                costs.
                    ``(C) A payment of any costs that were incurred for
                the project before the filing of an application for a
                grant for the project under this section, and any in-
                kind contributions that were made for the project
                before the filing of the application, if and to the
                extent that the costs were incurred or in-kind
                contributions were made, as the case may be, to comply
                with a provision of a statute required to be satisfied
                in order to carry out the project.
            ``(4) Costs not shared.--
                    ``(A) In general.--For the purposes of subsection
                (f) and this subsection, the shared costs of a project
                in a municipality do not include any cost that is
                defrayed with any funds or in-kind contribution that a
                source other than the municipality makes available for
                the use of the municipality without imposing at least
                one of the following conditions:
                            ``(i) The condition that the municipality
                        use the funds or contribution only for the
                        project.
                            ``(ii) The condition that the availability
                        of the funds or contribution to the
                        municipality is contingent on the execution of
                        the project.
                    ``(B) Determinations of the secretary.--The
                Secretary shall determine the amount of the costs, if
                any, that are not shared costs under this paragraph and
                the total amount of the shared costs. A determination
                of the Secretary shall be final.
            ``(h) Multistate Agreements To Combine Amounts.--Two or
        more States (not including political subdivisions of States)
        may, pursuant to an agreement entered into by the States,
        combine any part of the amounts provided through grants for a
        project under this section if--
                    ``(1) the project will benefit each of the States
                entering into the agreement; and
                    ``(2) the agreement is not a violation of a law of
                any such State.
    ``(i) Regulations.--The Secretary shall prescribe regulations for
carrying out this section.
    ``(j) State Defined.--In this section, the term `State' includes,
except as otherwise specifically provided, a political subdivision of a
State.
    ``(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for use in carrying out this section
$350,000,000 for each of the fiscal years 2004 through 2008.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such chapter is amended by adding at the end the
        following new item:

``20154. Capital grants for rail line relocation projects.''.
    (b) Regulations.--
            (1) Interim regulations.--Not later than October 1, 2003,
        the Secretary of Transportation shall issue temporary
        regulations to implement the grant program under section 20154
        of title 49, United States Code, as added by subsection (a).
        Subchapter II of chapter 5 of title 5, United States Code,
        shall not apply to the issuance of a temporary regulation under
        this subsection or of any amendment of such a temporary
        regulation.
            (2) Final regulations.--Not later than April 1, 2004, the
        Secretary shall issue final regulations implementing the
        program.

Output: Amends Federal transportation law to direct the Secretary of Transportation to carry out a grant program to provide financial assistance to States for 90 percent of the cost of local rail line relocation projects.


Input:
SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Indian Gaming
Regulatory Act Amendments of 1994''.
    (b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

SEC. 2. DEFINITIONS.

    (a) Class II Gaming.--(1) Clause (i) of section 4(7)(A) (25 U.S.C.
2703(7)(A)) is amended--
            (A) by striking ``(if played in the same location)''; and
            (B) by striking ``bingo, and'' and inserting ``bingo
        (whether or not electronic, computer, or other technologic aids
        are used in connection therewith so long as the fundamental
        characteristics of the game remain the same), and''.
    (2) Clause (ii) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is
amended by striking ``that--'' and all that follows through ``such card
games.'' at the end thereof and inserting a period.
    (3) Clause (ii) of section 4(7)(B) (25 U.S.C. 2703(7)(B)) is
amended by inserting ``, except electronic or technological aids used
in connection with class II games,'' after ``game of chance''.
    (4) Subparagraph (C) of section 4(7) (25 U.S.C. 2703(7)) is amended
by striking ``Chairman'' and inserting ``Commission''.
    (5) Paragraph (7) of section 4 (25 U.S.C. 2703) is amended by
striking subparagraphs (D), (E), and (F).
    (6) Paragraph (8) of section 4 (25 U.S.C. 2703) is amended by
inserting at the end ``and means manufacturing and assembly of gaming
devices (defined as gambling devices by section 5 of the Act of January
2, 1951 (15 U.S.C. 1175)).''.
    (b) Compact; Electronic Facsimile.--Section 4 of the Act (25 U.S.C.
2703) is amended by adding at the end the following new paragraphs:
            ``(11) The term `Compact' means the regulatory regime for
        operating class III gaming entered into by a tribe and the
        Secretary.
            ``(12) The term `electronic facsimile' means a copy of some
        or all of the fundamental elements of a game, where the
        electronic or electromechanical device alters the game rather
        than simply electronically replicating the fundamental elements
        of a game.''.
    (c) Section 6 of Public Law 101-301.--Section 6 of Public Law 101-
301 (25 U.S.C. 2703 note; 104 Stat. 209) is repealed.

SEC. 3. POWERS OF THE CHAIRMAN.

    Section 6(b) of the Act (25 U.S.C. 2705(b)) is amended to read as
follows:
    ``(b) Prior to taking any action set forth in subsection (a) of
this section, the Chairman shall, in good faith, consult with the Tribe
which has jurisdiction over the gaming activity in dispute and attempt
to resolve the dispute in a manner that avoids such actions. Only after
the Commission has concluded that cooperative resolution has been
adequately pursued and that further consultation would be futile, may
the Chairman take such actions.''.

SEC. 4. POWERS OF THE COMMISSION.

    Section 7 (25 U.S.C. 2706) is amended--
            (1) in subsection (a)(2), by inserting ``appropriate but
        not punitive'' after ``collection of'';
            (2) in subsections (b)--
                    (A) in paragraph (1), by inserting ``and class III
                gaming, where a Compact so provides, where gaming is''
                after ``class II gaming''; and
                    (B) in paragraph (2), by inserting ``and class III
                gaming, where a Compact so provides, where gaming''
                after ``class II gaming''; and
            (3) by striking subsection (c).

SEC. 5. INTERIM AUTHORITY TO REGULATE GAMING.

    Section 10 of the Act (25 U.S.C. 2709) is repealed.

SEC. 6. TRIBAL GAMING ORDINANCES.

    (a) Class II Gaming.--Subsection (b) of section 11 (25 U.S.C. 2710)
is amended by amending subparagraph (A) of paragraph (4) to read as
follows:
    ``(A) A tribal ordinance or resolution may provide for the
licensing or regulation of Indian charitable class II gaming activities
on Indian lands up to the same level and scope as permitted by tribal
class II gaming. A tribal ordinance or resolution may provide for the
licensing or regulation of class II gaming activities owned by any
person or entity other than the Indian tribe and conducted on Indian
lands, only if the tribal licensing requirements include the
requirements described in the subclauses of subparagraph (B)(i) and are
at least as restrictive as those established by State law governing
similar gaming within the jurisdiction of the State within which such
Indian lands are located.''.
    (b) Regulation of Class II Gaming.--Subsection (c)(3) of section 11
(25 U.S.C. 2710) is amended by inserting ``, whether by management
contract or otherwise,'' after ``class II gaming activity'' in the
matter preceding subparagraph (A).
    (c) Class III Gaming.--Section 11(d) (25 U.S.C. 2710(d)) is
amended--
            (1) in paragraph (1), by amending subparagraphs (B) and (C)
        to read as follows:
            ``(B) located in a State where the requirements of
        paragraphs (6)(A) and (B) are satisfied and the gaming activity
        is eligible for inclusion in a Compact, and
            ``(C) conducted in conformance with a Compact that is in
        effect.'';
            (2) in paragraph (2)--
                    (A) by striking ``Tribal-State compact entered into
                under paragraph (3) by the Indian tribe'' in
                subparagraph (C) and inserting ``Compact'';
                    (B) by striking ``Tribal-State compact'' in
                subparagraph (D)(iii)(I) and inserting ``Compact'';
            (3) by amending paragraph (3) to read as follows:
    ``(3)(A)(i) Any Indian tribe having jurisdiction over the Indian
lands upon which a class III gaming activity is to be conducted shall
request the Secretary to enter into a Compact with the tribe. Such
request shall specify the gaming activity or activities to be governed
by the Compact.
    ``(ii) Negotiations between the tribe and the Secretary shall be
completed within 180 days, subject to the procedures required by
paragraph (5)(B) that the Secretary and the tribe shall utilize to
resolve disputes arising from negotiations.
    ``(iii) The Compact shall be effective upon publication in the
Federal Register by the Secretary.
    ``(iv) The Commission shall pursuant to section 7 of this Act
monitor class III gaming to the extent provided by each Compact as
published by the Secretary.
    ``(B) Any Compact entered into under subparagraph (A) may include
provisions relating to--
            ``(i) the adoption of any of the criminal and civil laws
        and regulations of the Indian tribe, or with tribal consent, of
        the State, that are directly related to, and necessary for, the
        licensing and regulation of such activity;
            ``(ii) the assessment by the Secretary of such activities
        in such amounts as are necessary to defray the costs of
        regulating such activity;
            ``(iii) remedies for breach of contract;
            ``(iv) standards for the operation of such activity and
        maintenance of the gaming facility, including licensing; and
            ``(v) any other subjects that are reasonably related to the
        operation of gaming activities.''.
            (4) by striking out paragraphs (4) and (5);
            (5) by striking paragraph (8) and redesignating paragraph
        (9) as paragraph (11); and
            (6) by striking paragraphs (6) and (7) and inserting the
        following:
    ``(4) The provisions of section 5 of the Act of January 2, 1951 (25
Stat. 1175), shall not apply to any gaming on Indian lands, or to
manufacturing and assembly of gaming devices on Indian lands.
    ``(5)(A) The United States district courts shall have jurisdiction
over--
            ``(i) any cause of action for a declaratory judgment
        arising from the failure of an Indian tribe and the Secretary
        to resolve disputes pursuant to paragraph (3) of this section,
            ``(ii) any cause of action initiated by United States or
        Indian tribe to enjoin a class III gaming activity located on
        Indian tribes and conducted in violation of any Compact entered
        into under paragraph (3) that is in effect, and
            ``(iii) any cause of action initiated by the Secretary or a
        tribe to enforce provisions of Compacts.
    ``(B) Notwithstanding any declaratory judgment action pending under
paragraph (6), a tribe and the Secretary may negotiate and proceed to
mediation under the Act on issues not subject to the declaratory
judgment action.
    ``(6)(A) No later than 120 days after the Tribe has notified the
Secretary its election to negotiate a Compact, or no later than such
longer period as may be extended in writing by the parties, either
party may initiate an action in Federal district court for a
declaration whether a gaming activity is subject to Compact negotiation
under this Act. In any such declaratory action, the court shall declare
that the gaming activity as a matter of Federal law shall be the
subject of negotiation if it finds that--
            ``(i) the gaming activity is not prohibited as a matter of
        State criminal law and public policy; or
            ``(ii) if the gaming activity is subject to prosecution and
        criminal sanction as a matter of State law, the gaming activity
        meets one or more of the following criteria--
                    ``(I) its principal characteristics are
                substantially similar to principal characteristics of
                gaming activities that are not subject to prosecution
                and criminal sanction as a matter of State law;
                    ``(II) State law permits the gaming activity
                subject to regulation;
                    ``(III) as a matter of State law some person,
                organization, or entity within the State may engage in
                the gaming activity for some purpose; and
                    ``(IV) there is a pervasive pattern of
                nonenforcement of the prohibition of such gaming.
    ``(B) The Compact also shall include such provisions which best
meet the objectives of this Act and are consistent with any declaratory
judgment issued pursuant to this paragraph.
    ``(7)(A) Subject to subparagraph (B), if the parties agree on a
Compact, the Secretary shall adopt such Compact and publish the Compact
in the Federal Register.
    ``(B) The Compact referred to in subparagraph (A) shall not be
approved by the Secretary--
            ``(i) unless it contains provisions relating to internal
        controls of cash flow transactions, recordkeeping and
        reporting, accounting, security, and licensing of employees;
        and
            ``(ii) if the Compact does not violate--
                    ``(I) any provisions of this Act;
                    ``(II) any other provision of Federal law that does
                not relate to jurisdiction over gaming on Indian
                reservations; or
                    ``(III) the trust obligations of the United States
                to Indians.
    ``(8) Except for an appeal under chapter 7 of title 5, United
States Code, publication of a Compact pursuant to this subsection which
permits a class III gaming activity shall be conclusive that such class
III gaming is an activity subject to negotiations where the gaming is
to be conducted, in any matter under consideration by the Commission or
a Federal court.
    ``(9) If the parties do not agree on a Compact under this
subsection before the date that is 45 days after the expiration of the
180-day period with respect to the last Tribal Compact proposal during
the 180-day period, the Compact shall be considered approved, but only
to the extent that the Compact is consistent with the provisions of
this Act.
    ``(10) The Secretary shall publish in the Federal Register notice
of any Compact that has been approved, or considered to have been
approved, under this subsection. Failure of the Secretary to publish
pursuant to this subsection shall not affect the legality of the
compact, which shall be treated as if notice was timely and properly
published.'';
            (7) in paragraph (11) (as so redesignated), by striking
        ``subsections (b), (c), (d), (f), (g), and (h) of''.

SEC. 7. REVIEW OF EXISTING ORDINANCES AND CONTRACTS.

    (a) Management Contract.--Paragraph (3) of section 12(a) (25 U.S.C.
2711(a)) is amended by striking ``all collateral agreements to such
contract that relate to the gaming activity'' and inserting ``all other
agreements that comprise whole or partial consideration of the parties
entering into the management agreement''.
    (b) Review.--Paragraph (1) of section 13(c) (25 U.S.C. 2712(c)) is
amended by striking ``all collateral agreements,'' and inserting ``all
related agreements involving the same parties, financing or leasing
agreements, or any agreement that pertains to significant management
functions or responsibilities,''.

SEC. 8. CIVIL PENALTIES.

    (a) Date From Which Fines Run.--Paragraph (1) of section 14(a) (25
U.S.C. 2713(a)) is amended by adding at the end the following: ``Fines
imposed under this paragraph may not run from before the date of notice
of violation.''.
    (b) Informal Dispute Resolution.--Paragraph (2) of section 14(a)
(25 U.S.C. 2713(a)) is amended by inserting ``an opportunity for
resolving disputes informally and'' after ``provide''.

SEC. 9. GAMING ON LANDS ACQUIRED AFTER DATE OF ENACTMENT.

    (a) Repeal of Concurrence by Governor.--Subparagraph (A) of section
20(b)(1) (25 U.S.C. 2719(b)(1)) is amended by striking ``, but only''
and all that follows through ``determination''.
    (b) Application of Internal Revenue Code.--Paragraph (1) of section
20(d) (25 U.S.C. 2719(d)) is amended--
            (1) by inserting ``, and the exemption from Federal taxes
        provided to the States with respect to any gaming activity,''
        after ``wagering operations'' the first place it appears; and
            (2) by striking ``or under a Tribal-State'' and all that
        follows through ``effect,'' and inserting ``and the reporting
        of cash transactions,''.

SEC. 10. CRIMINAL PENALTIES.

    Subsections (c)(2) and (d) of section 1166 of title 18, United
States Code, are each amended by striking ``Tribal State compact'' and
inserting ``Compact''.

SEC. 11. APPLICABILITY OF FEDERAL LAWS TO CLASS III GAMING.

    The Act (25 U.S.C. 2701 et seq.) is amended by adding at the end
the following:

                            ``miscellaneous

    ``Sec. 25. (a) Class III gaming activities that are as a matter of
Federal law, lawfully in any jurisdiction on the date of the enactment
of this section, shall, notwithstanding the provisions of this Act,
remain lawful for purposes of section 11(d)(6) of this Act.
    ``(b) For purposes of Federal law, the laws in effect on the date
that a tribe notifies the Secretary (or prior to 1993, notified the
State) that it wishes to negotiate a Compact, shall be the basis for
determining the scope of gaming in section 11(d) of this Act for any
Compact, or for procedures in lieu of a compact.
    ``(c) For purposes of this Act, any change in State law which
occurs after the earlier of (1) a Tribe's request to the State for
negotiations of a Tribal-State Compact pursuant to this Act, or (2) the
Tribe's request to the Secretary for a Compact pursuant to this Act,
shall not have any affect upon the terms and conditions of the Compact,
or upon the obligations of any government entity pursuant to this Act.
    ``(d) Notwithstanding any provision of this Act, tribes with Indian
lands in the Eastern District of Washington shall be entitled to
conduct class III gaming activities without a Compact, as long as such
games are limited to the nature and scope of gaming activities in
effect on or prior to November 1, 1994, so long as such activities are
otherwise in compliance with this Act.
    ``(e) Notwithstanding any provision of this Act, tribes with Indian
lands in Wisconsin shall be entitled to conduct class III gaming
activities consistent with the decision of the Federal district court
in Lac du Flambeau Band of Lake Superior Chippewa v. State of
Wisconsin, 770 F. Supp. 480 (W.D. Wis. 1991).''.

SEC. 12. EFFECTIVE DATE.

    (a) Tribal-State Compacts.--Notwithstanding any other provision of
this Act or an amendment made by this Act, all Tribal-State Compacts
approved by the Secretary of the Interior, and procedures for
governance in lieu of Compacts promulgated by the Secretary, under the
Indian Gaming Regulatory Act as in effect on the date before the date
of enactment of this Act, shall continue to be fully operative and
binding on the parties and shall not be subject to revision unless
agreed to by the parties.
    (b) Pending Negotiations of Tribal-State Compacts.--Any tribe that
requested a State to negotiate a Tribal-State Compact prior to the
enactment of this Act and has not completed that process may request
the Secretary to enter into a Compact as specified under section
11(d)(3)(A) of the Indian Gaming Regulatory Act, as provided by the
amendments made by this Act.
    (c) Class III Gaming Under Certain Department of the Interior
Regulations.--Notwithstanding any provision of the amendments made by
this Act, tribes operating class III gaming pursuant to regulations
promulgated by the Department of the Interior and in effect on or
before the date of enactment of this Act shall be entitled to conduct
class III gaming activities without the approval of a Compact,
consistent with such regulations.
    (d) Definition.--For the purposes of this section, the term
``Tribal-State Compact'' has the same meaning given such term in the
Indian Gaming Regulatory Act, as such Act was in effect on the date
before the date of enactment of this Act.

Output:
Indian Gaming Regulatory Act Amendments of 1994 - Amends the Indian Gaming Regulatory Act to include manufacturing and assembly of gaming devices within the definition of "class III gaming."
Defines "Compact" as the class III gaming regulatory regime.
Directs the Chairman of the National Indian Gaming Commission (Commission) to consult with an affected tribe before taking action authorized by such Act.
Authorizes the Commission to monitor class III gaming where a Compact so provides.
Authorizes class II tribal gaming ordinances to regulate non-Indian gaming activities on Indian lands to the same level as class III regulations permit.
Sets forth Compact provisions.
Applies the Federal tax exemption given to State gaming activities to Indian gaming activities.
Applies Federal laws to class III gaming activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sugar Competitiveness Act of 1995''.

SEC. 2. MARKET-ORIENTED SUGAR PROGRAM LOANS.

    (a) In General.--Section 206 of the Agricultural Act of 1949 (7
U.S.C. 1446g) is amended--
            (1) by striking the section heading, subsections (a)
        through (h), and subsection (j);
            (2) by inserting before subsection (i) the following:

``SEC. 206. RECOURSE LOANS TO PROCESSORS OF SUGARCANE AND SUGAR BEETS.

    ``(a) Sugarcane Processor Loans.--
            ``(1) In general.--The Secretary shall make recourse loans
        available to processors of sugarcane on raw cane sugar
        processed from the 1995 and succeeding crops of sugarcane.
            ``(2) Loan rates.--Recourse loans under this subsection
        shall be make at the rate of 18 cents per pound of raw cane
        sugar for the 1995 crop of sugarcane; 16 cents per pound of raw
        cane sugar for the 1996 crop of sugarcane; 14 cents per pound
        for the 1997 crop of sugarcane; and 12 cents per pound for the
        1998 and succeeding crops of sugarcane.
    ``(b) Sugar Beet Processor Loans.--
            ``(1) In general.--The Secretary shall make recourse loans
        available to processors of sugar beets on refined sugar
        processed from the 1995 and succeeding crops of sugar beets.
            ``(2) Loan rates.--Recourse loans under this subsection for
        sugar refined from a crop of sugar beets shall be made at a
        rate, per pound of refined sugar, that reflects--
                    ``(A) an amount that bears the same relation to the
                loan rate in effect under subsection (a)(2) as the
                weighted average of producer returns for sugar beets
                bears to the weighted average of producer returns for
                sugarcane, expressed on a cents per pound basis for
                refined beet sugar and raw cane sugar, for the most
                recent 5-year period for which data are available; plus
                    ``(B) an amount that covers sugar beet processor
                fixed marketing expenses.
    ``(c) Administrative Rules.--
            ``(1) National loan rates.--Recourse loans under this
        section shall be made available at all locations nationally at
        the rates specified in this section, without adjustment to
        provide regional differentials.
            ``(2) Length of loans.--Each recourse loan made under this
        section shall be for a term of 3 months, and may be extended
        for additional 3-month terms, except that--
                    ``(A) no loan may have a cumulative term in excess
                of 9 months or a term that extends beyond September 30
                of the fiscal year in which the loan is made; and
                    ``(B) a processor may terminate a loan and redeem
                the collateral for the loan at any time by payment in
                full of principal, interest, and fees then owing.
    ``(d) Prohibition on Price Support.--The Secretary may not make
price support available, whether in the form of nonrecourse loans,
payments, purchases, or other operations, for the 1995 or subsequent
crops of sugarcane or sugar beets by using the funds of the Commodity
Credit Corporation.
    ``(e) Use of Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this section.''.
    (b) Effect on Existing Loans.--
            (1) Except as provided in paragraph (2), section 206 of the
        Agricultural Act of 1949 (7 U.S.C. 1446g), as in effect on the
        day before the date of the enactment of this Act, shall
        continue to apply with respect to nonrecourse loans made under
        such section before such date.
            (2) Any loan in effect on the day before the date of the
        enactment of this Act that is extended on or after the date of
        enactment shall be converted, when extended, into a recourse
        loan at the loan rate specified in section 206(a), as amended
        by this Act, and any loan made on or after the date of
        enactment shall be a recourse loan.
    (c) Extension and Modification of Marketing Assessment.--Subsection
(i) of the Agricultural Act of 1949 (7 U.S.C. 1446g) is amended--
            (1) by striking ``(i)'' and inserting ``(f)'';
            (2) in paragraph (1)--
                    (A) by striking ``1992 through 1996'' and inserting
                ``1992 through 2003'';
                    (B) in subparagraph (A), by striking ``subsection
                (b)'' and inserting ``subsection (a)''; and
                    (C) in subparagraph (B)--
                            (i) by striking ``subsection (b)'' and
                        inserting ``subsection (a)'';
                            (ii) by striking ``1998'' and inserting
                        ``2003'';
                            (iii) by striking ``1.1 percent'' and
                        inserting ``1.5 percent''; and
                            (iv) by striking ``(but not more than .198
                        cents per pound of raw cane sugar)'' and
                        inserting ``as of October 1, 1995'';
            (3) in paragraph (2)--
                    (A) by striking ``1992 through 1996'' and inserting
                ``1992 through 2003''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``1998'' and inserting
                        ``2003'';
                            (ii) by striking ``1.1794 percent'' and
                        inserting ``1.6083 percent'';
                            (iii) by striking ``(but not more than
                        .2123 cents per pound of beet sugar)'' and
                        inserting ``as of October 1, 1995''; and
                            (iv) adding at the end the following new
                        paragraph:
            ``(7) Imported sugar.--Effective only for imports of raw
        cane sugar and refined sugar during the 1996 through 2003
        fiscal years, each exporter of raw cane sugar or refined sugar
        to be imported into the United States shall remit to the
        Commodity Credit Corporation a nonrefundable marketing
        assessment in an amount equal--
                    ``(A) in the case of imports of raw cane sugar, 1.5
                percent of the loan level established under subsection
                (a) per pound of raw cane sugar as of October 1, 1995;
                    ``(B) in the case of imports of refined sugar,
                1.6083 percent of the loan level established under
                subsection (b) per pound of refined sugar as of October
                1, 1995.''.
    (d) Conforming Amendments.--
            (1) Price support for designated nonbasic agricultural
        commodities.--Section 201(a) of the Agricultural Act of 1949 (7
        U.S.C. 1446(a)) is amended by striking out ``milk, sugar beets,
        and sugarcane'' and inserting in lieu thereof ``and milk''.
            (2) Price support benefits to producers.--
                    (A) In general.--Section 401(e) of such Act (7
                U.S.C. 1421(e)) is amended by striking out ``(1)'' in
                paragraph (1) and striking out paragraph (2).
                    (B) Technical amendment.--Section 405(b) of such
                Act (7 U.S.C. 1425(b)) is amended by striking out the
                last sentence.
            (3) Title iii of the agricultural act of 1949.--Section 301
        of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by
        inserting ``(other than sugarcane and sugar beets)'' before
        ``at a level''.
            (4) Powers of commodity credit corporation.--Section 5(a)
        of the Commodity Credit Corporation Charter Act (15 U.S.C.
        714c(a)) is amended by inserting ``(except for sugarcane and
        sugar beets of the 1996 and subsequent crops)'' after
        ``agricultural commodities''.
            (5) Section 32 activities.--The second sentence of the
        first paragraph of section 32 of the Act of August 24, 1935 (7
        U.S.C. 612c) is amended by inserting ``(other than sugarcane
        and sugar beets)'' after ``commodity'' the last place it
        appears.
    (e) CCC Sales Price Restrictions.--Section 407(c) of such Act (7
U.S.C. 1427(c)) is amended by adding at the end a new paragraph as
follows:
            ``(6) Sugar.--The Corporation may sell for unrestricted use
        sugar surrendered to it under the loan programs provided for in
        section 351 at such price as the Corporation determines
        appropriate to maintain and expand export and domestic markets
        for sugar and to avoid undue disruption of commercial sales of
        sugar.''.
    (f) Assurance of Adequate Supplies of Sugar.--Effective October 1,
1996, section 902(a) of the Food Security Act of 1985 (7 U.S.C. 1446g
note) is amended to read as follows: ``Beginning with the quota year
for sugar imports that begins after the 1994/1995 quota year, the
President and the Secretary of Agriculture shall use all authorities
available to the President and the Secretary, as the case may be, to
ensure that adequate supplies of raw cane sugar are made available to
the United States market at prices no greater than the higher of--
            ``(1) the world sugar price (adjusted to a delivered
        basis); or
            ``(2) the raw cane sugar loan rate in effect under section
        206(a) of the Agricultural Act of 1949 (plus interest).''.

SEC. 3. TERMINATION OF MARKETING QUOTA AND ALLOTMENTS.

    (a) Termination.--
            (1) In general.--Subject to paragraph (2), part VII of
        subtitle B of title III of the Agricultural Adjustment Act of
        1938 (7 U.S.C. 1359aa-1359jj) is repealed.
            (2) Effective date.--Paragraph (1) shall be effective
        October 1, 1996, for sugar marketed on or after such date.
    (b) Conforming Amendment.--Section 344(f)(2) of such Act (7 U.S.C.
1344(f)(2)) is amended by striking out ``sugar cane for sugar; sugar
beets for sugar;''.

Output:
Sugar Competitiveness Act of 1995 - Amends the Agricultural Act of 1949 to replace current sugar price support provisions with recourse loans to sugarcane and sugar beet producers.  Reduces sugarcane loan rates from 18 cents per pound to 12 cents per pound over three years.
Prohibits sugar price supports.  Provides for the conversion of any current nonrecourse loans that are extended into recourse loans.
Extends and increases sugar marketing assessment provisions. Includes imported sugar within such provisions' scope.
Provides for the regulation of imported raw sugarcane at prices not greater than the world sugar price or the raw sugarcane loan rate.
Amends the Agricultural Adjustment Act of 1938 to terminate sugar marketing quota and allotment provisions.