Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Generic Drug Pricing Fairness Act''.

SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1860D-12(b) of the Social Security Act (42
U.S.C. 1395w-112(b)) is amended by adding at the end the following new
paragraph:
            ``(7) Pharmacy benefits manager transparency
        requirements.--Each contract entered into with a PDP sponsor
        under this part with respect to a prescription drug plan
        offered by such sponsor shall provide that the PDP may not
        enter into a contract with any pharmacy benefits manager
        (referred to in this paragraph as a `PBM') to manage the
        prescription drug coverage provided under such plan, or to
        control the costs of the prescription drug coverage under such
        plan, unless the PBM adheres to the following criteria when
        handling personally identifiable utilization and claims data or
        other sensitive patient data:
                    ``(A) The PBM may not transmit any personally
                identifiable utilization or claims data, with respect
                to a plan enrollee, to a pharmacy owned by a PBM if the
                plan enrollee has not voluntarily elected in writing or
                via secure electronic means to fill that particular
                prescription at the PBM-owned pharmacy.
                    ``(B) The PBM may not require that a plan enrollee
                use a retail pharmacy, mail order pharmacy, specialty
                pharmacy, or other pharmacy entity providing pharmacy
                services in which the PBM has an ownership interest or
                that has an ownership interest in the PBM or provide an
                incentive to a plan enrollee to encourage the enrollee
                to use a retail pharmacy, mail order pharmacy,
                specialty pharmacy, or other pharmacy entity providing
                pharmacy services in which the PBM has an ownership
                interest or that has an ownership interest in the PBM,
                if the incentive is applicable only to such
                pharmacies.''.
    (b) Regular Update of Prescription Drug Pricing Standard.--
Paragraph (6) of section 1860D-12(b) of the Social Security Act (42
U.S.C. 1395w-112(b)) is amended to read as follows:
            ``(6) Regular update of prescription drug pricing
        standard.--
                    ``(A) In general.--If the PDP sponsor of a
                prescription drug plan uses a standard for
                reimbursement (as described in subparagraph (B)) of
                pharmacies based on the cost of a drug, each contract
                entered into with such sponsor under this part with
                respect to the plan shall provide that the sponsor
                shall--
                            ``(i) update such standard not less
                        frequently than once every 7 days, beginning
                        with an initial update on January 1 of each
                        year, to accurately reflect the market price of
                        acquiring the drug;
                            ``(ii) disclose to applicable pharmacies
                        the sources used for making any such update;
                            ``(iii) if the source for such a standard
                        for reimbursement is not publicly available,
                        disclose to the applicable pharmacies all
                        individual drug prices to be so updated in
                        advance of the use of such prices for the
                        reimbursement of claims; and
                            ``(iv) establish a process to appeal,
                        investigate, and resolve disputes regarding
                        individual drug prices that are less than the
                        pharmacy acquisition price for such drug.
                    ``(B) Prescription drug pricing standard defined.--
                For purposes of subparagraph (A), a standard for
                reimbursement of a pharmacy is any methodology or
                formula for varying the pricing of a drug or drugs
                during the term of the pharmacy reimbursement contract
                that is based on the cost of the drug involved,
                including drug pricing references and amounts that are
                based upon average wholesale price, wholesale average
                cost, average manufacturer price, average sales price,
                maximum allowable cost (MAC), or other costs, whether
                publicly available or not.''.
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2015.

SEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER
              TRICARE RETAIL PHARMACY PROGRAM.

    Section 1074g(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
    ``(3) To the extent practicable, with respect to the TRICARE retail
pharmacy program described in subsection (a)(2)(E)(ii), the Secretary
shall ensure that a contract entered into with a TRICARE managed care
support contractor includes requirements described in section 1860D-
12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to
ensure the provision of information regarding the pricing standard for
prescription drugs.''.

SEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEE HEALTH
              BENEFITS PROGRAM.

    (a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsections:
    ``(p) A contract may not be made or a plan approved under this
chapter under which a carrier has an agreement with a pharmacy benefits
manager (in this subsection referred to as a `PBM') to manage
prescription drug coverage or to control the costs of the prescription
drug coverage unless the carrier and PBM adhere to the following
criteria:
            ``(1) The PBM may not transmit any personally identifiable
        utilization or claims data with respect to an individual
        enrolled under such contract or plan to a pharmacy owned by the
        PBM if the individual has not voluntarily elected in writing or
        via secure electronic means to fill that particular
        prescription at such a pharmacy.
            ``(2) The PBM may not require that an individual enrolled
        under such contract or plan use a retail pharmacy, mail order
        pharmacy, specialty pharmacy, or other pharmacy entity
        providing pharmacy services in which the PBM has an ownership
        interest or that has an ownership interest in the PBM or
        provide an incentive to a plan enrollee to encourage the
        enrollee to use a retail pharmacy, mail order pharmacy,
        specialty pharmacy, or other pharmacy entity providing pharmacy
        services in which the PBM has an ownership interest or that has
        an ownership interest in the PBM, if the incentive is
        applicable only to such pharmacies.
    ``(q)(1) If a contract made or plan approved under this chapter
provides for a standard for reimbursement (as described in paragraph
(2)) with respect to a prescription drug plan, such contract or plan
shall provide that the applicable carrier--
            ``(A) update such standard not less frequently than once
        every 7 days, beginning with an initial update on January 1 of
        each year, to accurately reflect the market price of acquiring
        the drug;
            ``(B) disclose to applicable pharmacies the sources used
        for making any such update;
            ``(C) if the source for such a standard for reimbursement
        is not publicly available, disclose to the applicable
        pharmacies all individual drug prices to be so updated in
        advance of the use of such prices for the reimbursement of
        claims; and
            ``(D) establish a process to appeal, investigate, and
        resolve disputes regarding individual drug prices that are less
        than the pharmacy acquisition price for such drug.
    ``(2) For purposes of paragraph (1), a standard for reimbursement
of a pharmacy is any methodology or formula for varying the pricing of
a drug or drugs during the term of the pharmacy reimbursement contract
that is based on the cost of the drug involved, including drug pricing
references and amounts that are based upon average wholesale price,
wholesale average cost, average manufacturer price, average sales
price, maximum allowable cost, or other costs, whether publicly
available or not.''.
    (b) Application.--The amendment made by subsection (a) shall apply
to any contract entered into under section 8902 of title 5, United
States Code, on or after the date of enactment of this section.

Output: Generic Drug Pricing Fairness Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor with respect to a PDP the sponsor offers to prohibit the PDP from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under it, unless the PBM adheres to specified criteria when handling personally identifiable utilization and claims data or other sensitive patient data. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor disclose to applicable pharmacies the sources used for making any update of the prescription drug pricing standard, and if the source for such a standard is not publicly available, disclose to such pharmacies all individual drug prices to be so updated in advance of their use for the reimbursement of claims. Requires the PDP sponsor, as well, to establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for a drug.  Directs the Secretary of Defense (DOD), with respect to the TRICARE retail pharmacy program, to ensure that a contract entered into with a TRICARE managed care support contractor includes requirements to ensure the provision of information regarding the pricing standard for prescription drugs. Establishes criteria to which a carrier and a PBM must adhere under a contract or an approved plan under which the carrier has an agreement with the PBM to manage prescription drug coverage or to control the costs of such coverage. Prohibits a PBM under such criteria from: (1) transmitting to a pharmacy owned by the PBM any personally identifiable utilization or claims data relating to an enrolled individual who has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy; or (2) requiring any enrolled individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity in which the PBM has an ownership interest, or that has an ownership interest in the PBM, or give an incentive to encourage an enrollee to use the pharmacy if the incentive applies only to those pharmacies. Requires any contract or approved plan providing for a reimbursement standard with respect to a PDP to require the carrier to: (1) update the standard at least once every seven days to reflect the market price of a drug accurately; (2) disclose to pharmacies the sources used for making any such update; (3) make advance disclosure to those pharmacies of all individual drug prices to be updated if the source for a standard is not publicly available; and (4) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices less than the pharmacy acquisition price.


Input:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Code Talkers Recognition Act of
2008''.
SEC. 2. PURPOSE.
    The purpose of this Act is to require the issuance of medals to
express the sense of the Congress that--
        (1) the service of Native American code talkers to the United
    States deserves immediate recognition for dedication and valor; and
        (2) honoring Native American code talkers is long overdue.
SEC. 3. FINDINGS.
    The Congress finds the following:
        (1) When the United States entered World War I, Native
    Americans were not accorded the status of citizens of the United
    States.
        (2) Without regard to that lack of citizenship, members of
    Indian tribes and nations enlisted in the Armed Forces to fight on
    behalf of the United States.
        (3) The first reported use of Native American code talkers was
    on October 17, 1918.
        (4) Because the language used by the Choctaw code talkers in
    the transmission of information was not based on a European
    language or on a mathematical progression, the Germans were unable
    to understand any of the transmissions.
        (5) This use of Native American code talkers was the first time
    in modern warfare that such a transmission of messages in a native
    language was used for the purpose of confusing an enemy.
        (6) On December 7, 1941, Japan attacked Pearl Harbor, Hawaii,
    and the Congress declared war the following day.
        (7) The Federal Government called on the Comanche Nation to
    support the military effort during World War II by recruiting and
    enlisting Comanche men to serve in the Army to develop a secret
    code based on the Comanche language.
        (8) The United States Army recruited approximately 50 Native
    Americans for special native language communication assignments.
        (9) The United States Marine Corps recruited several hundred
    Navajos for duty in the Pacific region.
        (10) During World War II, the United States employed Native
    American code talkers who developed secret means of communication
    based on native languages and were critical to winning the war.
        (11) To the frustration of the enemies of the United States,
    the code developed by the Native American code talkers proved to be
    unbreakable and was used extensively throughout the European
    theater.
        (12) In 2001, the Congress and President Bush honored Navajo
    code talkers with congressional gold medals for the contributions
    of the code talkers to the United States Armed Forces as radio
    operators during World War II.
        (13) The heroic and dramatic contributions of Native American
    code talkers were instrumental in driving back Axis forces across
    the Pacific during World War II.
        (14) The Congress should provide to all Native American code
    talkers the recognition the code talkers deserve for the
    contributions of the code talkers to United States victories in
    World War I and World War II.
SEC. 4. DEFINITIONS.
    In this Act, the following definitions shall apply:
        (1) Code talker.--The term ``code talker'' means a Native
    American who--
            (A) served in the Armed Forces during a foreign conflict in
        which the United States was involved; and
            (B) transmitted (encoded and translated) secret coded
        messages for tactical military operations during World War I
        and World War II using their native tribal language (non-
        spontaneous communications)
        (2) Secretary.--The term ``Secretary'' means the Secretary of
    the Treasury.
SEC. 5. CONGRESSIONAL GOLD MEDALS.
    (a) Award Authorization.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the award, on behalf of the Congress, of
gold medals of appropriate design in recognition of the service of
Native American code talkers during World War I and World War II.
    (b) Identification of Recipients.--The Secretary, in consultation
with the Secretary of Defense and the tribes, shall--
        (1) determine the identity, to the maximum extent practicable,
    of each Native American tribe that had a member of that tribe serve
    as a Native American code talker, with the exception of the Navajo
    Nation;
        (2) include the name of each Native American tribe identified
    under subparagraph (A) on a list; and
        (3) provide the list, and any updates to the list, to the
    Smithsonian Institution for maintenance under section 5(c)(2).
    (c) Design and Striking of Medals.--
        (1) In general.--The Secretary shall strike the gold medals
    awarded under subsection (a) with appropriate emblems, devices, and
    inscriptions, as determined by the Secretary.
        (2) Designs of medals emblematic of tribal affiliation and
    participation.--The design of a gold medal under paragraph (1)
    shall be emblematic of the participation of the code talkers of
    each recognized tribe.
        (3) Treatment.--Each medal struck pursuant to this subsection
    shall be considered to be a national medal for purposes of chapter
    51 of title 31, United States Code.
    (d) Action by Smithsonian Institution.--The Smithsonian
Institution--
        (1) shall accept and maintain such gold medals, and such silver
    duplicates of those medals, as recognized tribes elect to send to
    the Smithsonian Institution;
        (2) shall maintain the list developed under section 6(1) of the
    names of Native American code talkers of each recognized tribe; and
        (3) is encouraged to create a standing exhibit for Native
    American code talkers or Native American veterans.
SEC. 6. NATIVE AMERICAN CODE TALKERS.
    The Secretary, in consultation with the Secretary of Defense and
the tribes, shall--
        (1) with respect to tribes recognized as of the date of the
    enactment of this Act --
            (A) determine the identity, to the maximum extent
        practicable, of each Native American code talker of each
        recognized tribe with the exception of the Navajo Nation;
            (B) include the name of each Native American code talker
        identified under subparagraph (A) on a list, to be organized by
        recognized tribe; and
            (C) provide the list, and any updates to the list, to the
        Smithsonian Institution for maintenance under section 5(d)(2);
        (2) in the future, determine whether any Indian tribe that is
    not a recognized as of the date of the enactment of this Act,
    should be eligible to receive a gold medal under this Act; and
        (3) with consultation from the tribes listed in following
    subsection, examine the following specific tribes to determine the
    existence of Code Talkers:
            (A) Assiniboine.
            (B) Chippewa and Oneida.
            (C) Choctaw.
            (D) Comanche.
            (E) Cree.
            (F) Crow.
            (G) Hopi.
            (H) Kiowa.
            (I) Menominee.
            (J) Mississauga.
            (K) Muscogee.
            (L) Sac and Fox.
            (M) Sioux.
SEC. 7. DUPLICATE MEDALS.
    (a) Silver Duplicate Medals.--
        (1) In general.--The Secretary shall strike duplicates in
    silver of the gold medals struck under section 5(b), to be awarded
    in accordance with paragraph (2).
        (2) Eligibility for award.--
            (A) In general.--A Native American shall be eligible to be
        awarded a silver duplicate medal struck under paragraph (1) in
        recognition of the service of Native American code talkers of
        the recognized tribe of the Native American, if the Native
        American served in the Armed Forces as a code talker in any
        foreign conflict in which the United States was involved during
        the 20th century.
            (B) Death of code talker.--In the event of the death of a
        Native American code talker who had not been awarded a silver
        duplicate medal under this subsection, the Secretary may award
        a silver duplicate medal to the next of kin or other personal
        representative of the Native American code talker.
            (C) Determination.--Eligibility for an award under this
        subsection shall be determined by the Secretary in accordance
        with section 6.
    (b) Bronze Duplicate Medals.--The Secretary may strike and sell
duplicates in bronze of the gold medal struck pursuant to section 4
under such regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses, and the cost of the gold and
silver medals.
SEC. 8. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
    (a) Authority to Use Fund Amounts.--There are authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals struck
pursuant to this Act.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 7(b) shall be deposited into the
United States Mint Public Enterprise Fund.

                               Speaker of the House of Representatives.

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

Output:
Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals (to be maintained by the Smithsonian Institution) to recognize the service of Native American code talkers during World War I and World War II. Defines "code talker" as a Native American who served in the Armed Forces during a foreign conflict and who transmitted secret coded messages for tactical military operations during World War I and World War II using native tribal language.

Directs the Secretary of the Treasury: (1) in consultation with the Secretary of Defense and Indian tribes, to identify each Native American tribe, with the exception of the Navajo Nation, that had a member serve as a Native American code talker; (2) to provide a list of such code talkers to the Smithsonian Institution; (3) to design and strike the gold medals to be awarded; and (4) to strike silver duplicate medals for such code talkers or their next of kin or personal representatives. Authorizes the Secretary to strike and sell bronze duplicate medals to pay for the cost of the gold and silver medals.

Directs the Smithsonian Institution to accept and maintain the gold medals awarded on behalf of the code talkers. Encourages the Smithsonian Institution to create a standing exhibit for Native American code talkers or Native American veterans.

Authorizes payment from the U.S. Mint Public Enterprise Fund for the cost of medals struck pursuant to this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Health Access District
Act''.

SEC. 2. DEFINITIONS.

    (a) Comprehensive Health Access District.--In this Act, the term
``comprehensive health access district'' means a community in which
unemployment and the percentage of residents with incomes below the
poverty line are greater than the national average, and in which a
majority of the following conditions occur at rates greater than the
national average:
            (1) Infant mortality and low birth-weight babies.
            (2) Proportion of children below the age of 5 who have not
        received age-appropriate routine child-hood immunizations.
            (3) Hospitalization for preventable illnesses and
        conditions that may be managed successfully on an outpatient
        basis, such as otitis media, diabetes, and hypertension.
            (4) Emergency room visits for nonemergency conditions.
            (5) Accidental injury.
            (6) Incidence of tuberculosis, acquired immune deficiency
        syndrome, Black Lung disease, or cancer.
            (7) Incidence of violent crimes.
    (b) Comprehensive Community-Based Health Access Plan.--In this Act,
the terms ``comprehensive community-based health access plan'' and
``health access plan'' mean an entity that provides health care
services on a prepaid, capitated basis or any other risk basis and that
the Secretary has certified meets all the requirements contained in
section 5.
    (c) Secretary.--In this Act, the term ``Secretary'' means the
Secretary of Health and Human Services.

SEC. 3. MEDICAID STATE PLAN REQUIREMENTS FOR COMPREHENSIVE HEALTH
              ACCESS DISTRICTS.

    Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended--
            (1) by striking the period at the end of paragraph (65) and
        inserting ``; and'', and
            (2) by inserting after paragraph (65) the following new
        paragraph:
            ``(66) provide that each comprehensive health access
        district located within the State is served by a comprehensive
        community-based health access district plan (as such terms are
        defined in section 2 of the Comprehensive Health Access
        District Act).''.

SEC. 4. HEALTH ALLIANCE OBLIGATIONS WITH RESPECT TO COMPREHENSIVE
              HEALTH ACCESS DISTRICTS.

    Each Health Alliance or other health insurance purchasing
cooperative created as a result of the enactment of comprehensive
health care reform legislation that receives premiums on behalf of
persons formerly insured under title XIX of the Social Security Act and
whose boundaries encompass a comprehensive health access district shall
insure that a least one comprehensive community-based health access
plan is available to persons living in such district.

SEC 5. COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS.

    (a) Organizational Requirements.--
            (1) In general.--A health access plan must--
                    (A) be a public or private organization, organized
                under the laws of any State;
                    (B) locate its primary place of business in the
                comprehensive health access district it serves;
                    (C) give preference in hiring to otherwise
                qualified individuals who live within the comprehensive
                health access district; and
                    (D) have made adequate provision against the risk
                of insolvency, which provision is satisfactory to the
                State and which assures that individuals enrolled in a
                plan are in no case liable for debt of the plan in case
                of the plan's insolvency.
            (2) Methods of providing against risk of insolvency.--The
        provisions against the risk of insolvency under paragraph
        (1)(D) may include--
                    (A) escrow or similar arrangements to ensure that
                funds for the payment of providers are available only
                for such payments and cannot be otherwise used by the
                plan;
                    (B) reinsurance purchased by the plan of an amount
                which is reasonably adequate to insure against
                unexpected costs;
                    (C) a demonstration of financial viability, as
                evidenced by the plan's obtaining a significant amount
                of reinsurance, line of credit, or performance bond; or
                    (D) such other mechanisms and requirements as the
                State finds appropriate.
    (b) Service Requirements.--
            (1) Basic benefits.--A health access plan shall provide,
        either directly or through arrangements with providers, the
        following basic benefits:
                    (A) Hospital services, including inpatient,
                outpatient and 24-hour emergency services.
                    (B) Emergency and ambulatory medical and surgical
                services.
                    (C) Physicians' services.
                    (D) Medical care other than physicians' services
                recognized under State law and furnished by licensed
                practitioners within the scope of their practice as
                defined by State law.
                    (E) Dental services.
                    (F) Vision services.
                    (G) Preventive health care services (including
                children's eye and ear examinations to determine the
                need for vision and hearing correction, well child
                services, immunizations against vaccine-preventable
                diseases, and screening for elevated blood lead
                levels).
                    (H) Outpatient laboratory, radiology, and
                diagnostic services.
                    (I) Ambulance services.
                    (J) Mental health and substance abuse services.
                    (K) Family planning services and services for
                pregnant women.
                    (L) Outpatient prescription drugs and biologicals.
            (2) Community-based health services.--In addition to
        providing the services described in paragraph (1), a health
        access plan shall--
                    (A) identify the most frequent causes of morbidity
                and mortality in the comprehensive health access
                district (such as acquired immune deficiency syndrome,
                tuberculosis, mental illness, substance abuse and
                addiction, childhood developmental disorders
                (particularly those caused by children's exposure to
                violence), asthma, teen pregnancy, unhealthy behaviors
                (such as smoking and high-fat diets), and lead
                poisoning); and
                    (B) design and implement programs of prevention,
                early intervention, or treatment intended to ameliorate
                or eliminate the factors identified in subparagraph
                (A).
                    (3) Coordination of services.--In addition to
                providing the services described in paragraphs (1) and
                (2), a health access plan must promote its enrollees'
                access to social, educational or economic services
                (such as child day care, nutritional services,
                vocational training, and adult literacy programs).
    (c) Service Network Requirements.--
            (1) Basic service network.--A health access plan shall
        enter into arrangements with a sufficient number and variety of
        providers to guarantee that--
                    (A) the plan's enrollees have access to the
                services described in subsection (b); and
                    (B) the provider network takes into account and is
                representative of the cultural identity and diversity
                of the community being served.
            (2) Traditional community providers.--A health access plan
        shall, to the extent feasible, draw upon health care providers
        currently serving the community, including health centers (as
        defined in section 330(a) of the Public Health Service Act) and
        hospitals operated by units of local government, in developing
        its service network.
            (3) Development of new health resources.--A health access
        plan shall develop new health resources in the community (such
        as schoolbased clinics, mobile screening programs, and clinics
        based in public housing) to meet needs that are not met by
        existing community resources.
    (d) Access Standards.--A health access plan shall insure that each
individual enrolled in it--
            (1) is linked with the primary care physician within the
        health access plan's provider network of the individual's
        choice and has access to that doctor on a 24-hour a day, 7-day
        a week basis;
            (2) has round-the-clock telephone access to a central
        program office for information purposes as well as to voice
        grievances; and
            (3) has access to interpreter services as necessary (where
        a significant proportion of the population in the community
        health access district is non-English speaking, the health
        access plan shall insure that a corresponding proportion of its
        health care providers have multilingual capability).
    (e) Quality Assurance Standards.--A health access plan shall
establish and maintain a quality assurance program that includes at
least the following activities:
            (1) Treatment standards.--A health access plan shall
        establish--
                    (A) minimum standards for treating patients that
                participating providers must satisfy;
                    (B) a program of ongoing medical record reviews and
                other provider audits to insure compliance with the
                plan's treatment standards; and
                    (C) a system of sanctions to insure that providers
                who do not comply with the plan's treatment standards
                will be penalized and, if found to be repeatedly out of
                compliance, terminated from participation in the health
                access plan service network.
            (2) Data collection.--A health access plan shall monitor
        morbidity and mortality within the comprehensive health access
        district and identify the leading causes of death and disease.
            (3) Member surveys.--A health access plan shall survey its
        enrollees on a regular basis to determine their satisfaction
        with the quality of services received.
            (4) Independent quality audits.--A health access plan shall
        be evaluated on a regular basis by an independent health care
        accrediting organization.
    (f) Effective Grievance Procedures.--A health access plan must
provide for effective procedures for hearing and resolving grievances
between the plan and individuals enrolled in the plan.
    (g) Confidentiality of Enrollee Records.--
            (1) A health access plan shall ensure that information
        concerning its enrollees is protected from unauthorized
        disclosure by the plan, its employees or its providers.
            (2) To promote the coordination of benefits to health plan
        enrollees, a health access plan may disclose information about
        its enrollees to the extent necessary to facilitate the
        enrollee's receipt of services and assistance from other
        entities.

SEC. 6. DESIGNATION OF COMPREHENSIVE HEALTH ACCESS DISTRICTS AND
              CERTIFICATION OF COMPREHENSIVE COMMUNITY-BASED HEALTH
              ACCESS PLANS.

    The Secretary shall designate a community that meets the criteria
set forth in section 2(a) as a comprehensive health access district and
shall certify an entity that meets the requirements set forth in
section 5 as a comprehensive community-based health access plan. Each
such certification and designation shall be reviewed every five years.
The Secretary may delegate all or part of the certification function
for health access plans to the State in which the health access plan
operates.

SEC. 7. NATIONAL HEALTH OUTCOMES RESEARCH AND EVALUATION.

    (a) Provision of Information.--In order to evaluate the performance
of health access plans in improving the health status of persons living
in comprehensive health access districts, each health access plan shall
provide the Secretary, at a time and in a manner specified by the
Secretary, at least the following information:
            (1) Information on the characteristics of enrollees that
        may affect their need for or use of health services.
            (2) Information on the types of treatments and services and
        outcomes of treatments with respect to the clinical health,
        functional status and well-being of enrollees.
            (3) Information on enrollee satisfaction.
            (4) Information on health care expenditures, volume and
        prices of procedures, and use of specialized services.
    (b) Analysis of Information.--The Secretary shall analyze the
information reported by health access plans in order to report to
Congress, the plans and the public, not less often than annually, on
the following:
            (1) The health status of persons living in comprehensive
        health access district (particularly those indicators listed in
        section 2(a)).
            (2) The level and rate of expenditures by health access
        plans on medical services and other programs to improve health
        status.
            (3) The effectiveness of health access plans in improving
        health outcomes (particularly outcomes related to health
        indicators listed in section 2(a)).
    (c) Research.--
            (1) The Secretary shall examine the relationship between
        socioeconomic factors and health status and, based on his
        findings, suggest interventions appropriate to comprehensive
        health access districts.
            (2) The Secretary may contract with non-governmental
        entities to perform this research. Persons undertaking this
        work shall have access to the information provided by the
        health access plans to the Secretary.

SEC. 8. REGULATIONS AND EFFECTIVE DATE.

    (a) In General.--The Secretary shall promulgate regulations
necessary to implement this Act.
    (b) Effective Date.--This Act shall take effect on July 1, 2000,
without regard to whether or not final regulations to carry out this
Act have been promulgated by such date.

Output:
Comprehensive Health Access District Act - Defines: (1) "comprehensive health access district" as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average; and (2) "comprehensive community-based health access plan" as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements.
(Sec. 3) Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan.
(Sec. 4) Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district.
(Sec. 5) Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan.
(Sec. 6) Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria.
(Sec. 7) Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``So No Innocent Person Ever Repeats
the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''.

SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS.

    (a) Inspections.--Section 923(g)(1) of title 18, United States
Code, is amended--
            (1) in subparagraph (B)(ii)(I), by striking ``once'' and
        inserting ``4 times'';
            (2) in subparagraph (C)(i), by striking ``once'' and
        inserting ``4 times'';
            (3) by redesignating subparagraph (D) as subparagraph (E);
        and
            (4) by inserting after subparagraph (C), the following:
                    ``(D) If a licensed importer, licensed
                manufacturer, licensed dealer, or licensed collector is
                found in violation of this chapter, or the related
                regulations, the Attorney General shall inspect or
                examine the inventory and records of such violator not
                less than once each year during the 3 years following
                such violation.''.
    (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first
sentence by striking ``firearms at his'' and inserting ``firearms and
ammunition, except on .22 caliber rimfire ammunition, at such
licensee's''.
    (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United
States Code, is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E);
        and
            (3) by inserting after subparagraph (C) the following:
            ``(D) willfully violates section 923(g); or''.

SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS.

    (a) Suspensions.--Section 924 of title 18, United States Code, as
amended by section 2(c), is further amended by adding at the end the
following:
    ``(q) A licensed importer, manufacturer, dealer, or collector who
violates any provision of this chapter, or the related regulations, may
be subject to--
            ``(1) the revocation of any applicable license;
            ``(2) the suspension of any applicable license; or
            ``(3) a fine under this title.''.
    (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18,
United States Code, is amended by adding at the end the following:
    ``(8) If an inspection under paragraph (1) reveals that a licensee
has violated any provision of this chapter, or the related regulations,
the Attorney General shall--
            ``(A) issue a warning letter to the alleged violator, and
        maintain a copy of such letter, along with any written report
        prepared by the inspector--
                    ``(i) in the files of the appropriate Director of
                Industry Operations; and
                    ``(ii) at the headquarters of the Bureau of
                Alcohol, Tobacco, Firearms, and Explosives;
            ``(B) issue a notice of revocation of the license and
        conduct the appropriate proceedings; or
            ``(C) issue a notice of revocation, suspension, or
        imposition of a civil fine, and conduct the appropriate
        proceedings.''.
    (c) Timeliness of Enforcement Actions.--The Attorney General shall,
by regulation, require the Director of Industry Operations of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final
decision within 120 days from the date on which a notice of revocation,
suspension, or imposition of a civil fine is mailed to a licensee (as
that term is defined in section 103(j)(1) of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note).
    (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of
title 18, United States Code, is amended by striking the period at the
end of the first sentence and inserting ``, and shall not postpone the
effective date of such decision unless so ordered by a United States
district court judge or magistrate who has jurisdiction over the
matter.''.
    (e) Enforcement Action not Dependent Upon Criminal Conviction.--
Section 923(f) of title 18, United States Code, is amended by striking
paragraph (4).

SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS.

    Section 922(b)(3) of title 18, United States Code, is amended by
striking ``(A) shall not apply'' and all that follows through ``and
(B)''.

SEC. 5. BALLISTICS TESTING OF FIREARMS.

    (a) Short Title.--This section may be cited as the ``Technological
Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''.
    (b) Purposes.--The purposes of this section are--
            (1) to increase public safety by assisting law enforcement
        in solving more gun-related crimes and offering prosecutors
        evidence to link felons to gun crimes through ballistics
        technology;
            (2) to provide for ballistics testing of all new firearms
        for sale to assist in the identification of firearms used in
        crimes;
            (3) to require ballistics testing of all firearms in
        custody of Federal agencies to assist in the identification of
        firearms used in crimes; and
            (4) to add ballistics testing to existing firearms
        enforcement programs.
    (c) Definition of Ballistics.--Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
    ``(36) Ballistics.--The term `ballistics' means a comparative
analysis of fired bullets and cartridge casings to identify the firearm
from which bullets and cartridge casings were discharged, through
identification of the unique markings that each firearm imprints on
bullets and cartridge casings.''.
    (d) Test Firing and Automated Storage of Ballistics Records.--
            (1) Amendment.--Section 923 of title 18, United States
        Code, is amended by adding at the end the following:
    ``(m)(1) In addition to the other licensing requirements under this
section, a licensed manufacturer or licensed importer shall--
            ``(A) test fire firearms manufactured or imported by such
        licensees as specified by the Attorney General by regulation;
            ``(B) prepare ballistics images of the fired bullet and
        cartridge casings from the test fire;
            ``(C) make the records available to the Attorney General
        for entry into the electronic database established under
        paragraph (3)(B); and
            ``(D) store the fired bullet and cartridge casings in such
        a manner and for such a period as specified by the Attorney
        General by regulation.
    ``(2) Nothing in this subsection creates a cause of action against
any Federal firearms licensee or any other person for any civil
liability except for imposition of a civil penalty under this section.
    ``(3)(A) The Attorney General shall assist firearm manufacturers
and importers in complying with paragraph (1) by--
            ``(i) acquiring, installing, and upgrading ballistics
        equipment and bullet and cartridge casing recovery equipment to
        be placed at locations readily accessible to licensed
        manufacturers and importers;
            ``(ii) hiring or designating sufficient personnel to
        develop and maintain a database of ballistics images of fired
        bullets and cartridge casings, research, and evaluation;
            ``(iii) providing education about the role of ballistics as
        part of a comprehensive firearm crime reduction strategy;
            ``(iv) providing for the coordination among Federal, State,
        and local law enforcement and regulatory agencies and the
        firearm industry to curb firearm-related crime and illegal
        firearm trafficking; and
            ``(v) taking other necessary steps to make ballistics
        testing effective.
    ``(B) The Attorney General shall--
            ``(i) establish an electronic database--
                    ``(I) through which State and local law enforcement
                agencies can promptly access the ballistics records
                stored under this subsection, as soon as such
                capability is available; and
                    ``(II) that shall not include any identifying
                information regarding dealers, collectors, or
                purchasers of firearms; and
            ``(ii) require training for all ballistics examiners.
    ``(4) The Attorney General shall conduct mandatory ballistics
testing of all firearms obtained or in the possession of their
respective agencies.
    ``(5) Not later than 3 years after the date of enactment of this
subsection, and annually thereafter, the Attorney General shall submit
to the Committees on the Judiciary of the Senate and the House of
Representatives a report regarding the implementation of this section,
including--
            ``(A) the number of Federal and State criminal
        investigations, arrests, indictments, and prosecutions of all
        cases in which access to ballistics records, provided under the
        system established under this section and under similar systems
        operated by any State, served as a valuable investigative tool
        in the prosecution of gun crimes;
            ``(B) the extent to which ballistics records are accessible
        across jurisdictions; and
            ``(C) a statistical evaluation of the test programs
        conducted pursuant to paragraph (4).
    ``(6) There are authorized to be appropriated to the Department of
Justice $20,000,000 for each of the fiscal years 2005 through 2008 to
carry out this subsection, to be used to--
            ``(A) install ballistics equipment and bullet and cartridge
        casing recovery equipment;
            ``(B) establish sites for ballistics testing;
            ``(C) pay salaries and expenses of necessary personnel; and
            ``(D) conduct related research and evaluation.''.
            (2) Effective date.--
                    (A) In general.--Except as provided in
                subparagraphs (A) and (B), the amendment made by
                paragraph (1) shall take effect on the date on which
                the Attorney General, in consultation with the Board of
                the National Integrated Ballistics Information Network,
                certifies that the ballistics system used by the
                Department of Justice is sufficiently developed to
                support mandatory ballistics testing of new firearms.
                    (B) Ballistics testing.--Section 923(m)(1) of title
                18, United States Code, as added by paragraph (1),
                shall take effect 2 years after the date of enactment
                of this Act.
                    (C) Effective on date of enactment.--Section
                923(m)(4) of title 18, United States Code, as added by
                paragraph (1), shall take effect on the date of
                enactment of this Act.
    (e) Privacy Rights of Law Abiding Citizens.--Ballistics information
of individual guns in any form or database established by this section
may not be used for prosecutorial purposes unless law enforcement
officials have a reasonable belief that a crime has been committed and
that ballistics information would assist in the investigation of that
crime.

SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO,
              FIREARMS, AND EXPLOSIVES.

    (a) Gun Crime Task Forces.--
            (1) In general.--The Attorney General shall establish,
        within each field division of the Bureau of Alcohol, Tobacco,
        Firearms, and Explosives, a group of inspectors, agents, and
        support personnel to be known as the ``gun crime task force''.
            (2) Purpose.--The gun crime task forces established
        pursuant to paragraph (1) shall investigate, and assist in the
        regulation of, and if appropriate, the prosecution of,
        licensees (as that term is defined in section 103(j)(1) of the
        Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and
        unlicensed dealers, who are suspected of violating chapter 44
        or 96 of title 18, United States Code.
    (b) Authorization of Appropriations.--
            (1) Gun crime task forces.--There are authorized to be
        appropriated $10,000,000 for each of the fiscal years 2005
        through 2008 to carry out the provisions of subsection (a).
            (2) Industry operations.--There are authorized to be
        appropriated $25,000,000 for each of the fiscal years 2005
        through 2008 to employ additional inspectors, regulators, and
        employees in the Industry Operations field divisions of the
        Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Output:
So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition.

Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate.

Repeals an exemption from Brady Act requirements involving gun sales to instate residents.

Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified.

Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hass Avocado Quality Assurance Act
of 2007''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Hass avocados are an integral food source in the United
        States that are a valuable and healthy part of the human diet
        and are enjoyed by millions of persons every year for a
        multitude of everyday and special occasions.
            (2) Hass avocados are a significant tree fruit crop grown
        by many individual producers both domestically and abroad.
            (3) Hass avocados move in interstate and foreign commerce
        and Hass avocados that do not move in interstate or foreign
        channels of commerce but only in intrastate commerce directly
        affect interstate commerce of Hass avocados.
            (4) The maintenance and expansion of markets in existence
        on the date of enactment of this Act, and the development of
        new or improved markets or uses for Hass avocados, are needed
        to preserve and strengthen the economic viability of the
        domestic Hass avocado industry for the benefit of producers,
        importers, and other persons associated with the producing,
        importing, marketing, processing, and consuming of Hass
        avocados.
            (5) The marketing of immature Hass avocados adversely
        affects demand for all Hass avocados because immature avocados
        are unpalatable and unfit for human consumption and, when
        marketed, result in dissatisfied customers who will cease
        purchasing Hass avocados.
            (6) There is no better method of ensuring the maturity of
        Hass avocados than through requiring that Hass avocados meet an
        established mandatory minimum maturity standard, as measured by
        percentage of dry matter.
            (7) The application of consistent and mandatory minimum
        maturity standards for all Hass avocados is necessary for the
        maintenance, expansion, and development of markets for Hass
        avocados.
    (b) Purpose.--It is the purpose of this Act to set forth certain
mandatory quality standards in the form of mandatory minimum maturity
requirements for all Hass avocados, and to provide the Secretary with
the authority necessary to ensure that such standards are met, with the
intention of--
            (1) strengthening the position of the Hass avocado industry
        in the domestic marketplace; and
            (2) maintaining, developing, and expanding markets and uses
        for Hass avocados.

SEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS.

    Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) is amended by adding at the end the following:

``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS.

    ``(a) In General.--Not later than 180 days after the date of the
enactment of the Hass Avocado Quality Assurance Act of 2007, the
Secretary of Agriculture shall issue final regulations to ensure that
all Hass avocados sold to consumers in the United States meet the
minimum maturity standards (as measured by percentage of dry matter)
for sale to a consumer of the State of California, as required by
regulations issued pursuant to chapter 9 of division 17 of the
California Food and Agricultural Code or any succeeding provision of
California law governing the minimum maturity standards of Hass
avocados for sale to a consumer.
    ``(b) Exceptions.--Subsection (a) and the regulations issued
pursuant to subsection (a) shall not apply to Hass avocados--
            ``(1) intended for consumption by charitable institutions;
            ``(2) intended for distribution by relief agencies;
            ``(3) intended for commercial processing into products; or
            ``(4) that the Secretary determines should not be subject
        to such subsection or such regulations.
    ``(c) Use of Existing Inspectors.--The Secretary shall, to the
greatest extent practicable, use inspectors that inspect avocados for
compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C.
608e-1), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, to conduct inspections under this section.
    ``(d) Penalties.--
            ``(1) Diversion.--The Secretary may divert, export, or
        repack and reinspect any Hass avocados that do not meet the
        requirements of this section or the regulations issued pursuant
        to this section.
            ``(2) Civil penalties.--The Secretary may require any
        person who violates this section or the regulations issued
        pursuant to this section to--
                    ``(A) forfeit to the United States a sum equal to
                the value of the commodity at the time of violation,
                which forfeiture shall be recoverable in a civil suit
                brought in the name of the United States; or
                    ``(B) on conviction, be fined not less than $50 or
                more than $5,000 for each violation.
    ``(e) Fees.--The Secretary may prescribe and collect fees to cover
the costs of providing for the inspection of Hass avocados under this
section. All fees and penalties collected shall be credited to the
accounts that incur such costs and shall remain available until
expended without fiscal year limitation.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.

SEC. 4. SEVERABILITY.

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

Output:
Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California.

Provides exceptions for commercial processing and charitable and relief uses.

Sets forth penalty provisions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Help Organ Procurement Expand Act of
2001''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) 13 people die every day waiting for a life-saving
        transplant operation;
            (2) over 67,000 people are currently waiting for a
        transplant operation--including over 44,000 kidney patients,
        14,000 liver patients, 4,000 lung patients, and 800 pancreas
        patients;
            (3) every 14 minutes, a new name is added to the national
        transplant waiting list;
            (4) between 10,000 and 12,000 people die annually who are
        considered medically suitable for organ donation, yet only an
        estimated 5,200 people donate their organs every year;
            (5) one donor can help more than 50 people in need of an
        organ;
            (6) current programs designed to expand the number of
        available organs do not contain any economic awards or
        incentives for patients to become organ donors; and
            (7) current debates in Congress and in the Administration
        have unfortunately focused on the way organs ought to be
        allocated, rather than addressing the root cause of the
        problem, which is a lack of available transplant organs.

SEC. 3. CREDIT FOR ORGAN DONATION.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:

``SEC. 25B. ORGAN DONATION.

    ``(a) Allowance of Credit.--In the case of a qualified person,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year with respect to all qualified organ
donations an amount equal to $2,500.
    ``(b) Qualified Organ Donation.--
            ``(1) In general.--For purposes of this section, the term
        `qualified organ donation' means the donation of a kidney,
        liver, heart, pancreas, pancreas islet cells, lung, or
        intestine.
            ``(2) Exceptions.--The term `qualified organ donation'
        shall not include the donation of an organ under any of the
        following circumstances:
                    ``(A) The donor has been killed with assistance
                from a physician.
                    ``(B) The otherwise eligible individual has
                authorized the withdrawal or denial of life sustaining
                medical treatment of the donor.
                    ``(C) The otherwise eligible individual medically
                conducted or assisted in the operation to recover the
                organ.
                    ``(D) The organs to be donated come from an unborn
                child or human fetus that was aborted.
                    ``(E) The donor has committed suicide.
                    ``(F) Legal consent failed to be obtained from the
                donor or their family prior to the organ recovery.
                    ``(G) The otherwise eligible individual has been
                indicted or convicted of a felony or a misdemeanor
                offense against the donor, or is actively under
                criminal investigation for the possible felony offense
                against the donor.
                    ``(H) In the case of living donors, the decision to
                donate the organ, in the judgment of the donor's
                attending physicians, would subject the donor to
                unacceptable levels of medical risk of death or
                permanent debilitation.
    ``(c) Qualified Person.--For purposes of this section, the term
`qualified person' means--
            ``(1) in the case of a live organ donor, the organ donor
        himself, and
            ``(2) in the case of a deceased organ donor--
                    ``(A) the beneficiary designated for purposes of
                this section,
                    ``(B) the estate in the case the deceased organ
                donor died testate but without designating a
                beneficiary for the purposes of this section, or
                    ``(C) the class of beneficiaries designated under
                State law in the case that the deceased organ donor
                died intestate.
    ``(d) Allocation of Credit Amount Among Beneficiaries.--In the case
that more than 1 person is a beneficiary under subsection (c), the
amount allowed under subsection (a) shall be divided among each of the
beneficiaries on a pro rata basis unless--
            ``(1) the will of the deceased organ donor provides for a
        different allocation, or
            ``(2) the beneficiaries agree to a different allocation.
    ``(e) Carryforwards of Unused Credit.--If the credit allowable
under subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this section,
section 23, and section 1400C), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such taxable year. For purposes of the preceding
sentence, credits shall be treated as used on a first-in first-out
basis.''.
    (b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:

                              ``Sec. 25B. Organ donation.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.

Output: Help Organ Procurement Expand Act of 2001 - Amends the Internal Revenue Code to allow a $2,500 tax credit for qualified organ donations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-Mail User Protection Act of
1998''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Internet has become a critical mode of global
        communication and now presents unprecedented opportunities for
        the development and growth of global commerce and an integrated
        worldwide economy.
            (2) The receipt of unsolicited commercial e-mail may result
        in undue monetary costs to recipients who cannot refuse to
        accept such mail and who incur costs for the storage of such
        mail, or for the time spent accessing, reviewing, and
        discarding such mail, or for both.
            (3) An increasing number of senders of unsolicited
        commercial e-mail purposefully disguise the source of such mail
        so as to prevent recipients from responding to such mail
        quickly and easily.
            (4) Because recipients of unsolicited commercial e-mail
        that does not provide a return address are unable to avoid the
        receipt of such mail through reasonable means, such mail may
        threaten the privacy of recipients.
            (5) By providing remedies similar to those provided with
        respect to unsolicited facsimile transmissions and automated
        dialing equipment in the Telephone Consumer Protection Act of
        1991, the Congress can provide privacy protections without
        infringing important Constitutional rights or imperiling the
        commercial development of the Internet.

SEC. 3. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL.

    Part 1 of title II of the Communications Act of 1934 is amended by
inserting after section 230 (47 U.S.C. 230) the following new section:

``SEC. 231. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL.

    ``(a) Violations Directed at Interactive Computer Services.--
            ``(1) For purposes of this subsection, a violation is
        defined as each initiation of a transmission without regard to
        the number of electronic mail addresses to which the
        transmission is sent.
            ``(2) It shall be a violation of this Act, punishable under
        subsection (c)(1), for any person--
                    ``(A) to intentionally initiate the transmission of
                an unsolicited commercial e-mail message from an
                unregistered or fictitious Internet domain, or an
                unregistered or fictitious electronic mail address, for
                the purpose of--
                            ``(i) preventing replies to such message
                        through the use of standard reply mechanisms in
                        the recipient's electronic mail system, or
                            ``(ii) preventing receipt of standard
                        notices of non-delivery;
                    ``(B) to intentionally use or distribute a computer
                program or other technical mechanism or procedure
                intending to disguise the source of unsolicited
                commercial e-mail messages or to disable or circumvent
                a mail filtering tool;
                    ``(C) to intentionally distribute, through computer
                software or in any other manner, a collection or list
                of electronic mail addresses knowing that the
                collection or list contains addresses of persons who
have previously requested removal from the list;
                    ``(D) to intentionally register, create, or cause
                to be created an Internet domain under false pretenses
                or to apply for, register, or otherwise obtain the use
                of an Internet electronic mail account for the sole or
                primary purpose of disguising the source of unsolicited
                electronic mail messages;
                    ``(E) to direct an unsolicited commercial e-mail
                message through the server of an interactive computer
                service provider to one or more subscribers of the
                interactive computer service, knowing or having reason
                to know that such action is in contravention of the
                rules of the interactive computer service with respect
                to unsolicited commercial e-mail messages;
                    ``(F) knowing or having reason to know that such
                action is in contravention of the rules of an
                interactive computer service, to access the server of
                such interactive computer service and to use a computer
                program to collect electronic mail addresses of
                subscribers of the interactive computer service for the
                purpose of sending such subscribers unsolicited
                commercial e-mail or selling or distributing the list
                thereby collected or obtained.
    ``(b) Violations Directed at Individuals.--
            ``(1) For purposes of this subsection, a violation is
        defined as each electronic mail address which receives a
        transmission.
            ``(2) It shall be a violation of this Act, punishable under
        subsection (c)(2), for any person--
                    ``(A) to fail to comply with the request of the
                recipient of an electronic mail message, made to the
                sender or mailing list manager, as appropriate, to
                cease sending electronic messages to the recipient in
                the future; or
                    ``(B) to initiate the transmission of an
                unsolicited commercial e-mail message to a recipient
                despite having been given prior notice (either directly
                or through a standard method developed, adopted, or
                modified by an Internet standard setting organization,
                such as the Internet Engineering Task Force, to better
                facilitate pre-emptive consumer control over
                unsolicited, commercial e-mail) that the recipient does
                not wish to receive such messages.
    ``(c) Liability for Violations.--Any person or entity who violates
any provision of subsection (a) or (b) shall be liable to any injured
party for such relief as is set out below.
            ``(1) Relief for interactive computer services.--In an
        action under this section for violation of subsection (a),
        relief may include--
                    ``(A) such preliminary and other equitable or
                declaratory relief as may be appropriate;
                    ``(B) for actual monetary loss from a violation,
                statutory damages of not more than $10,000 for each
                violation, and, if the court finds that the defendant's
                actions were particularly egregious, willful, or
                knowing, the court may, in its discretion, increase the
                amount of an award to an amount equal to not more than
10 times the amount available hereunder, and
                    ``(C) reasonable attorneys' fees and other
                litigation costs reasonably incurred.
            ``(2) Relief for individuals.--
                    ``(A) In an action under this section for violation
                of subsection (b), relief shall be sought in an action
                brought by the attorney general of one or more states.
                    ``(B) Whenever the attorney general of a State, or
                an official or agency designated by a State, has reason
                to believe that any person has engaged or is engaging
                in a pattern or practice of transmitting unsolicited
                commercial e-mail to residents of that State in
                violation of this section or the regulations prescribed
                under this section, the State may bring a civil action
                on behalf of its residents for such relief as may be
                appropriate.
                    ``(C) In an action under this subsection,
                appropriate relief includes--
                            ``(i) an injunction or such preliminary and
                        other equitable or declaratory relief as may be
                        appropriate;
                            ``(ii) an action to recover statutory $500
                        in damages for each violation; or
                            ``(iii) both such actions.
                    ``(D) If the court finds the defendant's actions
                were particularly egregious, willful, or knowing, the
                court may, in its discretion, increase the amount of
                the award to an amount equal to not more than ten times
                the amount available in (C).
                    ``(E) reasonable attorneys' fees and other
                litigation costs reasonably occurred.
    ``(d) State Law.--Nothing in this Act shall be construed to prevent
any State from enforcing any State law that is consistent with this
Act. No cause of action may be brought and no liability may be imposed
under any State or local law that is inconsistent with this Act.
    ``(e) Definitions.--In this Act:
            ``(1) Electronic mail address.--
                    ``(A) In general.--The term `electronic mail
                address' means a destination (commonly expressed as a
                string of characters) to which electronic mail can be
                sent or delivered.
                    ``(B) Inclusion.--In the case of the Internet, the
                term `electronic mail address' may include an
                electronic mail address consisting of a user name of
                mailbox (commonly referred to as the `local part') and
                a reference to an Internet domain (commonly referred to
                as the `domain part').
            ``(2) Initiates the transmission.--The term `initiates the
        transmission', in the case of an electronic mail message,
        refers to the action of the original sender of the message and
        not to any intervening computer service that may handle or
        retransmit the message, unless the intervening computer service
        retransmits the message with an intent to engage in activities
        prohibited by this Act.
            ``(3) Interactive computer service.--The term `interactive
        computer service' has the meaning given that term in section
        230(c)(2) of the Communications Act of 1934 (47 U.S.C.
        230(e)(2)).
            ``(4) Internet.--The term `Internet' has the meaning given
        that term in section 230(c)(1) of the Communications Act of
        1934 (47 U.S.C. 230(c)(1)).
            ``(5) Internet domain.--The term `Internet domain' refers
        to a specific computer system (commonly referred to as a
        `host') or collection of computer systems attached to or able
        to be referenced from the Internet which are assigned a
        specific reference point on the Internet (commonly referred to
        as the `Internet domain name') and registered with an
        organization recognized by the computer industry as a
        registrant of Internet domains.
            ``(6) Mailing list.--The term `mailing list' refers to a
        computer program that provides electronic mailing list
        management functions, including functions that allow
        individuals to subscribe and unsubscribe to and from electronic
        mailing lists.
            ``(7) Mail filtering tool.--The term `mail filtering tool'
        means any computer program, procedure, or mechanism used by an
        individual recipient or interactive computer service to block,
        return, reroute, or otherwise screen or sort incoming
        electronic mail messages.
            ``(8) Servers.--The term `server' refers to any computer or
        program that provides support or services of any kind,
        including electronic mailboxes, to other computers.
            ``(9) Unsolicited commercial e-mail message.--The term
        `unsolicited commercial e-mail message' means any electronic
        mail other than--
                    ``(A) electronic mail sent by persons to recipients
                with whom they have a direct or indirect relationship,
                including a prior business relationship; or
                    ``(B) mail sent by a source to a recipient where
                such recipient, or someone authorized by him, has at
                any time affirmatively requested communications from
                that source.''.

SEC. 4. EFFECTIVE DATE.

    The provisions of this Act shall take effect 45 days after the date
of enactment of this Act.

Output: E-Mail User Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit any person from:  (1) intentionally soliciting the transmission of unsolicited commercial e-mail from an unregistered or fictitious Internet domain or e-mail address in order to prevent reply through standard reply mechanisms; (2) intentionally using or distributing a computer program or other mechanism or procedure to disguise the source of unsolicited commercial e-mail; (3) intentionally distributing a collection or list of e-mail addresses knowing that persons on such list have previously requested removal from the list; (4) intentionally registering or creating an Internet e-mail account for the sole or primary purpose of disguising the source of unsolicited e-mail messages; (5) directing an unsolicited commercial e-mail message to subscribers of an interactive computer service (service), knowing such to be in contravention to the rules of such service with respect to unsolicited commercial e-mail messages; or (6) accessing the server of a service and using a computer program to collect e-mail addresses of service subscribers in order to send such subscribers unsolicited commercial e-mail or to sell or distribute a list of such subscribers.  Considers each transmission received by an individual to be a separate violation for purposes of this Act.  Provides appropriate relief for both individuals and service providers.  Authorizes a State, through its Attorney General, to bring an action on behalf of its residents for appropriate relief.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unemployment Compensation,
Reemployment, and Fairness Act of 1993''.

SEC. 2. INDIVIDUALS IN SELF-EMPLOYMENT PROGRAMS.

    (a) In General.--Section 3304(a)(8) of the Internal Revenue Code of
1986 (relating to requirements) is amended by striking ``compensation''
and inserting ``(A) compensation'', by striking the semicolon and
inserting ``; and'', and by adding at the end thereof the following new
subparagraph:
                    ``(B) if the State elects to participate,
                compensation shall not be denied or reduced to any
                individual for any week because such individual is
                participating in a qualified self-employment program
                (as defined in section 3306(t)) with the approval of
                the State agency (or because of the application, to any
                such week in such program, of State law provisions
                relating to availability for work, active search for
                work, or refusal to accept work);''.
    (b) Definition.--Section 3306 of such Code (relating to
definitions) is amended by adding at the end thereof the following new
subsection:
    ``(t) Qualified Self-Employment Program.--For purposes of this
chapter, the term `qualified self-employment program' means a program
which--
            ``(1) meets the requirements established by the Secretary
        of Labor, including requirements for State agencies to
        determine what constitutes a good prospect for successful,
        permanent self-employment,
            ``(2) is approved by the State agency, and
            ``(3) provides training for individuals attempting to
        become self-employed.''.
    (c) Effective Date.--The amendments made by this section shall
apply to compensation paid for weeks beginning on or after January 1,
1993.

SEC. 3. EARLY REEMPLOYMENT REVIEW OF UNEMPLOYED WORKERS.

    (a) In General.--Section 303 of the Social Security Act (42 U.S.C.
503) is amended by adding at the end thereof the following new
subsection:
    ``(j)(1) The State agency charged with the administration of the
State law--
            ``(A) shall, not later than the last day of the 5th week
        for which compensation is payable in an unemployed individual's
        benefit year, provide an early review of the individual's
        reemployment prospects, to the extent the State agency
        determines effective,
            ``(B) shall, to the extent the State agency determines
        effective, provide reemployment review information to other
        State employment and training program staff, including staff of
        State job services and service delivery areas (as described in
        section 101 of the Job Training Partnership Act),
            ``(C) shall, to the extent the State agency determines
        effective, provide job search and placement services,
        counseling, testing, occupational and labor market information,
        assessment, and referral to employers,
            ``(D) shall provide technical and training program staff to
        assist with reemployment services,
            ``(E) shall provide followup evaluation and assistance to
        individuals participating in reemployment activities, and
            ``(F) may provide reemployment reviews and, to the extent
        the State agency determines effective, reemployment services
        for workers who have received notice of permanent layoff or
        impending layoff, or workers in occupations which are
        experiencing limited demand due to technological change, impact
        of imports, or plant closures.
    ``(2) The Secretary of Labor shall prescribe such regulations as
are necessary to carry out the provisions of this subsection, including
regulations--
            ``(A) to carry out the provisions of subparagraphs (A) and
        (B) of paragraph (1),
            ``(B) to determine whether an individual should be
        considered temporarily or permanently laid off, and
            ``(C) to assist States in examining the use of computer
        technology to achieve the purposes of this subsection.''.
    (b) Effective Date.--The amendment made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.

SEC. 4. HEARINGS FOR EMPLOYERS.

    (a) In General.--Section 303(a)(3) of the Social Security Act (42
U.S.C. 503(a)(3)) is amended by inserting ``and for all taxpayers with
respect to liability to make contributions, and to pay amounts, under
the unemployment compensation law of the State'' before the semicolon.
    (b) Regulations.--The Secretary of Labor may prescribe such
regulations as the Secretary deems necessary to carry out the amendment
made by subsection (a) to section 303(a)(3) of the Social Security Act.
    (c) Effective Date.--The amendment made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.

Output:
Unemployment Compensation, Reemployment, and Fairness Act of 1993 - Amends the Internal Revenue Code to allow States to pay unemployment benefits to eligible individuals while they participate in qualified self-employment training programs.
Amends the Social Security Act to require the State agency administering unemployment compensation to provide:  (1) early reemployment review of unemployed workers; (2) technical and training program staff to assist with reemployment services; and (3) followup reevaluation and assistance to individuals participating in reemployment activities.  Requires such agency to provide:  (1) reemployment review information to other State employment and training program staff; and (2) job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers.  Allows such agency to provide reemployment reviews and services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations experiencing limited demand due to technological change, impact of imports, or plant closures.
Amends the Social Security Act to require States to grant administrative hearings for employers with respect to their liability for paying unemployment taxes.
Outlines the Secretary of Labor's administrative responsibilities under this Act.


Input:
SECTION 1. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND.

    The Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the
following:

``SEC. 122. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND.

    ``(a) Purpose.--The purpose of this section are to establish a
small dollar loan-loss guarantee fund to--
            ``(1) serve as a loss reserve for qualifying loans to
        consumers offered by eligible financial institutions;
            ``(2) increase the number of qualifying loan products
        offered to consumers by such institutions; and
            ``(3) increase consumer access to mainstream financial
        institutions and provide consumers with alternative choices to
        pay day loans.
    ``(b) Definitions.--For purposes of this section, the following
definitions shall apply:
            ``(1) Consumer reporting agency that compiles and maintains
        files on consumers on a nationwide basis.--The term `consumer
        reporting agency that compiles and maintains files on consumers
        on a nationwide basis' has the same meaning given such term in
        section 603(p) of the Fair Credit Reporting Act (15 U.S.C.
        1681a(p)).
            ``(2) Eligible financial institution.--The term `eligible
        financial institution' means--
                    ``(A) any community development financial
                institution, provided that if such institution is
                subject to examination under the Community Reinvestment
                Act of 1977, that such institution received a
                satisfactory or an outstanding rating in meeting the
                needs of the community as part of its last examination
                under such Act; and
                    ``(B) any other entity, organization, or
                institution whose primary mission is to serve low- to
                moderate-income individuals, as determined appropriate
                by the Administrator.
            ``(3) Fund.--The term `Fund' means the CDFI Small Dollar
        Loan-Loss Guarantee Fund established under subsection (c).
            ``(4) Qualifying loan.--The term `qualifying loan' means a
        loan that satisfies the following requirements:
                    ``(A) The loan is made to a consumer by an eligible
                financial institution.
                    ``(B) The loan is made in an amount not exceeding
                $2,500.
                    ``(C) The loan--
                            ``(i) has a repayment period of at least 60
                        days;
                            ``(ii) is repaid in installments, and such
                        installment payments result in the reduction in
                        the principle balance owed on the loan;
                            ``(iii) has an annual percentage rate that
                        the Administrator determines to be acceptable
                        through the application process for the
                        purposes of this section, but in no event shall
                        such annual percentage rate exceed 36 percent;
                        and
                            ``(iv) has no pre-payment penalty.
                    ``(D) At the time of origination of the loan, the
                eligible financial institution that made the loan
                offered the consumer information.
                    ``(E) The eligible financial institution making the
                loan reports payments regarding the loan to at least 1
                of the consumer reporting agencies that compiles and
                maintains files on consumers on a nationwide basis.
    ``(c) Establishment.--
            ``(1) In general.--There is established a CDFI Small Dollar
        Loan-Loss Guarantee Fund, which shall be used by the
        Administrator to defray the cost of losses on qualifying loans
        to consumers made by eligible financial institutions.
            ``(2) Use of fund amounts.--
                    ``(A) Reimbursement.--From amounts available in the
                Fund, the Administrator may provide reimbursement of a
                qualifying loan loss that is up to 60 percent of the
                loss on the qualifying loan to an eligible financial
                institution that has submitted an application pursuant
                to the requirements of subparagraph (B). The
                Administrator shall take into consideration the overall
                default rates of the qualifying loan portfolio in an
                eligible financial institution when determining the
                reimbursement rate of loan loss.
                    ``(B) Application.--In order to receive any amounts
                from the Fund under this section, each eligible
                financial institution shall submit an application at
                such time, in, such form, and with such information and
                assurances as the Administrator may require.
            ``(3) Deposits.--
                    ``(A) In general.--The Fund shall consist of--
                            ``(i) any amounts deposited pursuant to
                        subsection (d)(4);
                            ``(ii) any amounts borrowed pursuant to
                        subsection (e);
                            ``(iii) a portion, as determined by the
                        Administrator, of the proceeds of fees
                        collected by an eligible financial institution
                        for the origination of the qualifying loans to
                        consumers; and
                            ``(iv) any amounts transferred, credited,
                        donated, or bequeathed to the Fund by any
                        individual, foundation, corporation, or other
                        legal entity.
                    ``(B) Solvency of fund.--In making the
                determination required under subparagraph (A), the
                Administrator shall give priority consideration to that
                amount that would best protect and ensure the solvency
                of the Fund.
                    ``(C) Investment authority.--Funds that are not
                otherwise distributed by the Fund to eligible financial
                institutions for reimbursement of qualifying loan
                losses shall be invested in obligations of the United
                States or in obligations guaranteed as principle and
                interest by the United States.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        for each fiscal year such sums as are necessary to carry out
        this section.
            ``(2) Administrative costs.--From amounts made available
        under this section, the Administrator may reserve not more than
        10 percent for administrative costs.
            ``(3) Technical assistance grants.--Amounts made available
        under this section may be used to make technical assistance
        grants to applicants to develop and support a small dollar loan
        program. Any technical assistance grants made under this
        paragraph shall be made in accordance with subsections (b),
        (c), and (d) of section 108, provided that the Administrator
        may waive the requirements of subsection (e) of such section
        108 with respect to such grants.
            ``(4) Deposit into fund.--Amounts made available under this
        section may be deposited into the CDFI Small Dollar Loan-Loss
        Guarantee Fund established under this section.
    ``(e) Borrowing Authority.--The Administrator is authorized to
borrow from the Treasury, and the Secretary of the Treasury is
authorized and directed to loan to the Administrator on such terms as
may be fixed by the Administrator and the Secretary, such funds as in
the judgment of the Administrator are from time to time required to
maintain the solvency of the Fund, not exceeding in the aggregate
$75,000,000 outstanding at any one time, subject to the approval of the
Secretary of the Treasury: Provided, That the rate of interest to be
charged in connection with any loan made pursuant to this subsection
shall not be less than an amount determined by the Secretary of the
Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturity. For such purpose the Secretary of the Treasury is authorized
to use as a public-debt transaction the proceeds of the sale of any
securities hereafter issued under the Second Liberty Bond Act, as
amended, and the purposes for which securities may be issued under the
Second Liberty Bond Act, as amended, are extended to include such
loans. Any such loan shall be used by the Administrator solely in
carrying out its functions with respect to the Fund. All loans and
repayments under this subsection shall be treated as public-debt
transactions of the United States. The Administrator may employ any
amounts obtained under this subsection for purposes of the Fund and the
borrowing shall become a liability of the Fund to the extent funds are
employed therefor.
    ``(f) Report to Congress.--Not later than 1 year after the CDFI
Small Dollar Loan-Loss Guarantee Fund makes its first reimbursement to
an eligible financial institution, and every year thereafter, the
Administrator shall submit to the Banking, Housing, and Urban Affairs
Committee of the Senate, the Financial Services Committee of the House
of Representatives, and the Committee on Appropriations of both the
Senate and the House of Representatives a report describing--
            ``(1) the activities of the Fund, including the cumulative
        volume and amounts of loan reimbursements that have been
        distributed from the Fund during the prior 12 months;
            ``(2) the solvency of the Fund;
            ``(3) the default rate of qualifying loans; and
            ``(4) any measurable results, as appropriate and available,
        related to the achievement of the purposes of this section as
        such purposes are set forth under subsection (a).''.

Output:
Amends the Community Development Banking and Financial Institutions Act of 1994 to establish the Community Development Financial Institutions (CDFI) Small Dollar Loan-Loss Guarantee Fund to defray the cost of losses on specified qualifying consumer loans (not exceeding $2500) made by certain CDFIs and institutions whose primary mission is to serve low- to moderate-income individuals.

Authorizes appropriations to implement the program and to provide technical assistance grants to applicants to develop and support a small dollar loan program.

Authorizes the Administrator of the CFDI Fund to borrow from the Treasury as necessary to maintain Fund solvency.