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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Benefit Plan Security and
Protection Act of 1994''.

SEC. 2. CLARIFICATION OF SCOPE OF FIDUCIARY DUTIES UNDER ERISA.

    (a) In General.--Section 404(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the
end the following new paragraphs:
    ``(3)(A) In any case in which a fiduciary, in the course of
managing a plan or exercising authority or control respecting
management or disposition of its assets, has an occasion to choose
between any two alternative investments of plan assets, if the
fiduciary in making such choice takes into account other factors in
addition to the rate of return, the riskiness of the investment, and
other direct economic factors, the fiduciary shall not be considered to
be discharging the fiduciary's duties with respect to the plan in
accordance with paragraph (1) and section 403(c)(1) unless--
            ``(i) the fiduciary has determined in advance that both
        alternatives are economically equally advantageous to the
        participants and beneficiaries under the plan, and
            ``(ii) such other factors are taken into account solely to
        the extent that they would be in the economic interest of
        participants and beneficiaries of the plan.
    ``(B)(i) A fiduciary with respect to a plan shall not be considered
to be discharging the fiduciary's duties with respect to the plan in
accordance with paragraph (1) and section 403(c)(1) if the fiduciary,
in making investment decisions with respect to plan assets, takes into
account external benefits.
    ``(ii) A fiduciary shall not be treated as failing to discharge the
fiduciary's duties with respect to the plan in accordance with
paragraph (1) or section 403(c)(1) solely because such investment
yields external benefits.
    ``(iii) For purposes of this subparagraph, the term `external
benefit' means, in connection with any investment of plan assets, a
benefit to individuals other than participants or beneficiaries under
the plan.
    ``(4)(A) Neither the Secretary nor any other agency or
instrumentality of the Government of the United States may--
            ``(i) establish or maintain, or cause to be established or
        maintained, by means of subsidy or otherwise, any list of
        investments or classes of investments purporting to satisfy the
        requirements of paragraph (1) or section 403(c)(1), or
            ``(ii) in any manner pledge, guarantee, ensure, or
        otherwise represent that any particular investment or class of
        investments will yield a sufficiently high rate of return at a
        sufficiently low level of risk to satisfy the requirements of
        paragraph (1) or section 403(c)(1).
    ``(B) None of the funds authorized or appropriated to carry out
this Act or any other provision of law may be used--
            ``(i) by the Secretary or any other agency or
        instrumentality of the United States, or
            ``(ii) by any other institution or entity established,
        chartered, or subsidized by the United States,
to subsidize, or to otherwise increase the rate of return on, any
particular investment or class of investments for the purpose of
causing the requirements of paragraph (1) or section 403(c)(1) to be
met with respect to such investment or class of investments.
    ``(5) Nothing in this title shall be construed to permit any matter
unrelated to the economic interests of participants and beneficiaries
under employee benefit plans to be taken into account in determining
whether a fiduciary has discharged such fiduciary's duties with respect
to a plan in accordance with paragraph (1) and section 403(c)(1).''.

SEC. 3. CLARIFICATION OF SCOPE OF EXCLUSIVE BENEFIT RULE UNDER THE
              INTERNAL REVENUE CODE.

    (a) In General.--Section 401(a) of the Internal Revenue Code of
1986 (requirements for qualification of pension, profit-sharing, and
stock bonus plans) is amended by inserting after paragraph (31) the
following new paragraph:
            ``(32) Additional rules relating to exclusive benefit
        rule.--
                    ``(A) In general.--The requirements of paragraph
                (2) shall not be treated as satisfied with respect to a
                plan, in any case in which a fiduciary, in the course
                of managing a plan or exercising authority or control
                respecting management or disposition of its assets, has
                an occasion to choose between any two alternative
                investments of plan assets, if the fiduciary in making
                such choice takes into account other factors in
                addition to the rate of return, the riskiness of the
                investment, and other direct economic factors, unless--
                            ``(i) the fiduciary has determined in
                        advance that both alternatives are economically
                        equally advantageous to the employees and their
                        beneficiaries under the plan, and
                            ``(ii) such other factors are taken into
                        account solely to the extent that they would be
                        in the economic interest of the employees and
                        their beneficiaries of the plan.
                    ``(B) Disregard of external benefits.--
                            ``(i) In general.--The requirements of
                        paragraph (2) shall not be treated as satisfied
                        with respect to a plan in any case in which a
                        fiduciary with respect to the plan, in making
                        investment decisions with respect to plan
                        assets, takes into account external benefits.
                            ``(ii) External benefits permissible.--The
                        requirements of paragraph (2) shall not be
                        treated as not satisfied solely because such
                        investment yields external benefits.
                            ``(iii) External benefit.--For purposes of
                        this subparagraph, the term `external benefit'
                        means, in connection with any investment of
                        plan assets, a benefit to individuals other
                        than the employees or their beneficiaries under
                        the plan.
                    ``(C) Noninterference with fiduciary
                responsibilities.--
                            ``(i) Prohibition against lists and other
                        referrals.--Neither the Secretary nor any other
                        agency or instrumentality of the Government of
                        the United States may--
                                    ``(I) establish or maintain, or
                                cause to be established or maintained,
                                by means of subsidy or otherwise, any
                                list of investments or classes of
                                investments purporting to satisfy the
                                requirements of subparagraph (A), or
                                    ``(II) in any manner pledge,
                                guarantee, ensure, or otherwise
                                represent that any particular
                                investment or class of investments will
                                yield a sufficiently high rate of
                                return at a sufficiently low level of
                                risk to satisfy the requirements of
                                subparagraph (A).
                            ``(ii) Prohibition against subsidies.--None
                        of the funds authorized or appropriated to
                        carry out this title or any other provision of
                        law may be used--
                                    ``(I) by the Secretary or any other
                                agency or instrumentality of the United
                                States, or
                                    ``(II) by any other institution or
                                entity established, chartered, or
                                subsidized by the United States,
                        to subsidize, or to otherwise increase the rate
                        of return on, any particular investment or
                        class of investments for the purpose of causing
                        the requirements of subparagraph (A) to be met
                        with respect to such investment or class of
                        investments.
                    ``(D) Irrelevance of matters other than economic
                interests of employees and their beneficiaries.--
                Nothing in this paragraph or paragraph (2) shall be
                construed to permit any matter unrelated to the
                economic interests of the employees and their
                beneficiaries to be taken into account in determining
                whether the requirements of paragraph (2) have been
                satisfied.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to acts or
failures to act occurring on or after the date of the enactment of this
Act.

Output: Employee Benefit Plan Security and Protection Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise provisions regarding employee benefit plan fiduciary duties in relation to external benefits, social investing, and economically targeted investments.


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SECTION 1. CHILD OPPORTUNITY ZONE FAMILY CENTERS.

    Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:

            ``Part L--Child Opportunity Zone Family Centers

``SEC. 10995A. SHORT TITLE.

    ``This part may be cited as the `Child Opportunity Zone Family
Center Act of 2001'.

``SEC. 10995B. PURPOSE.

    ``The purpose of this part is to encourage eligible partnerships to
establish or expand child opportunity zone family centers in public
elementary schools and secondary schools in order to provide
comprehensive support services for children and their families, and to
improve the children's educational, health, mental health, and social
outcomes.

``SEC. 10995C. DEFINITIONS.

    ``In this part:
            ``(1) Child opportunity zone family center.--The term
        `child opportunity zone family center' means a school-based or
        school-linked community service center that provides and links
        children and their families with comprehensive information,
        support, services, and activities to improve the education,
        health, mental health, safety, and economic well-being of the
        children and their families.
            ``(2) Eligible partnership.--The term `eligible
        partnership' means a partnership--
                    ``(A) that contains--
                            ``(i) at least 1 public elementary school
                        or secondary school that--
                                    ``(I) receives assistance under
                                title I and for which a measure of
                                poverty determination is made under
                                section 1113(a)(5) with respect to a
                                minimum of 40 percent of the children
                                in the school; and
                                    ``(II) demonstrates parent
                                involvement and parent support for the
                                partnership's activities;
                            ``(ii) a local educational agency;
                            ``(iii) a public agency, other than a local
                        educational agency, such as a local or State
                        department of health, mental health, or social
                        services; and
                            ``(iv) a nonprofit community-based
                        organization, providing health, mental health,
                        or social services;
                            ``(v) a local child care resource and
                        referral agency; and
                            ``(vi) a local organization representing
                        parents; and
                    ``(B) that may contain--
                            ``(i) an institution of higher education;
                        and
                            ``(ii) other public or private nonprofit
                        entities with experience in providing services
                        to disadvantaged families.

``SEC. 10995D. GRANTS AUTHORIZED.

    ``(a) In General.--The Secretary may award, on a competitive basis,
grants to eligible partnerships to pay for the Federal share of the
cost of establishing and expanding child opportunity zone family
centers.
    ``(b) Duration.--The Secretary shall award grants under this
section for periods of 5 years.

``SEC. 10995E. REQUIRED ACTIVITIES.

    ``Each eligible partnership receiving a grant under this part shall
use the grant funds--
            ``(1) in accordance with the needs assessment described in
        section 10995F(b)(1), to provide or link children and their
        families with information, support, activities, or services in
        core areas such as education, child care, before- and after-
        school care and enrichment programs, health services, mental
        health services, family support, nutrition, literacy services,
        parenting skills, and drop-out prevention;
            ``(2) to provide intensive, high-quality, research-based
        programs that--
                    ``(A) provide violence prevention education for
                families and developmentally appropriate instructional
                services to children (including children below the age
                of compulsory school attendance); and
                    ``(B) provide effective strategies for nurturing
                and supporting the emotional, social, and cognitive
                growth of children; and
            ``(3) to provide training, information, and support to
        families to enable the families to participate effectively in
        their children's education, and to help their children meet
        challenging standards, including assisting families to--
                    ``(A) understand the applicable accountability
                systems, including State and local content standards,
                performance standards, and assessments, their
                children's educational performance in comparison to the
                standards, and the steps the school is taking to
                address the children's needs and to help the children
                meet the standards; and
                    ``(B) communicate effectively with personnel
                responsible for providing educational services to the
                families' children, and to participate in the
                development and implementation of school-parent
                compacts, parent involvement policies, and school
                plans.

``SEC. 10995F. APPLICATIONS.

    ``(a) In General.--Each eligible partnership desiring a grant under
this part shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
    ``(b) Contents.--Each application submitted pursuant to subsection
(a) shall--
            ``(1) include a needs assessment, including a description
        of how the partnership will ensure that the activities to be
        assisted under this part will be tailored to meet the specific
        needs of the children and families to be served;
            ``(2) describe arrangements that have been formalized
        between the participating public elementary school or secondary
        school, and other partnership members;
            ``(3) describe how the partnership will effectively
        coordinate with the centers under section 1118 and utilize
        Federal, State, and local sources of funding that provide
        assistance to families and their children;
            ``(4) describe the partnership's plan to--
                    ``(A) develop and carry out the activities assisted
                under this part with extensive participation of
                parents, administrators, teachers, pupil services
                personnel, social and human service agencies, and
                community organizations and leaders; and
                    ``(B) coordinate the activities assisted under this
                part with the education reform efforts of the
                participating public elementary school or secondary
                school, and the participating local educational agency;
            ``(5) describe how the partnership will ensure that
        underserved populations such as families of students with
        limited English proficiency, or families of students with
        disabilities, are effectively involved, informed, and assisted;
            ``(6) describe how the partnership will collect and analyze
        data, and will utilize specific performance measures and
        indicators to--
                    ``(A) determine the impact of activities assisted
                under this part as described in section 10995I(a); and
                    ``(B) improve the activities assisted under this
                part; and
            ``(7) describe how the partnership will protect the privacy
        of families and their children participating in the activities
        assisted under this part.

``SEC. 10995G. FEDERAL SHARE.

    ``The Federal share of the cost of establishing and expanding child
opportunity zone family centers--
            ``(1) for the first year for which an eligible partnership
        receives assistance under this part shall not exceed 90
        percent;
            ``(2) for the second such year, shall not exceed 80
        percent;
            ``(3) for the third such year, shall not exceed 70 percent;
            ``(4) for the fourth such year, shall not exceed 60
        percent; and
            ``(5) for the fifth such year, shall not exceed 50 percent.

``SEC. 10995H. FUNDING.

    ``(a) Continuation of Funding.--Each eligible partnership that
receives a grant under this part shall, after the third year for which
the partnership receives funds through the grant, be eligible to
continue to receive the funds if the Secretary determines that the
partnership has made significant progress in meeting the performance
measures used for the partnership's local evaluation under section
10995I(a).
    ``(b) Limitation on Use of Funds To Offset Other Programs.--
Notwithstanding any other provision of law, none of the funds received
under a grant under this part may be used to pay for expenses related
to any other Federal program, including treating such funds as an
offset against such a Federal program.

``SEC. 10995I. EVALUATIONS AND REPORTS.

    ``(a) Local Evaluations.--Each partnership receiving funds under
this part shall conduct annual evaluations and submit to the Secretary
reports containing the results of the evaluations. The reports shall
include the results of the partnership's performance assessment
effectiveness in reaching and meeting the needs of families and
children served under this part, including performance measures
demonstrating--
            ``(1) improvements in areas such as student achievement,
        family participation in schools, and access to health care,
        mental health care, child care, and family support services,
        resulting from activities assisted under this part; and
            ``(2) reductions in such areas as violence among youth,
        truancy, suspension, and dropout rates, resulting from
        activities assisted under this part.
    ``(b) National Evaluations.--The Secretary shall reserve not more
than 3 percent of the amount appropriated under this part to carry out
a national evaluation of the effectiveness of the activities assisted
under this part. Such evaluation shall be completed not later than 3
years after the date of enactment of the Child Opportunity Zone Family
Center Act of 2001, and every year thereafter and shall be submitted to
Congress.
    ``(c) Exemplary Activities.--The Secretary shall broadly
disseminate information on exemplary activities developed under this
part.

``SEC. 10995J. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part
$100,000,000 for fiscal year 2002, and such sums as may be necessary
for each of the fiscal years 2003 through 2005.''.

Output: Child Opportunity Zone Family Center Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to provide for Child Opportunity Zone Family Centers (school-based or school-linked community service centers that provide and link children and their families with comprehensive information, support, services, and activities to improve the children's and families' education, health, mental health, safety, and economic well-being).Authorizes the Secretary of Education to award competitive grants to eligible partnerships for the Federal share of costs of establishing and expanding such centers.


Input:
SECTION 1. SHORT TITLE, REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Public Health
Pesticides Protection Act of 1993''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Insecticide, Fungicide, and Rodenticide
Act.

SEC. 2. DEFINITIONS.

    (a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended
by adding at the end the following: ``The Administrator shall consider
the risks and benefits of public health pesticides separate from the
risks and benefits of other pesticides. In weighing any regulatory
action concerning a public health pesticide under this Act, the
Administrator shall weigh any risks of the pesticide against the health
risks such as the diseases transmitted by the vector to be controlled
by the pesticide.''.
    (b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding
at the end the following:
    ``(hh) Minor Use.--The term `minor use' means the total anticipated
small volume use of any pesticide product against a particular pest or
group of pests which, by itself, would not economically justify a full,
separate pesticide registration. Wherever a minor use is designated in
this Act for agricultural crop production or agricultural uses, such
term includes any use intended to protect the public from insects or
other pests or the diseases which such pests may transmit to man or
domestic animals.
    ``(ii) Public Health Pesticide.--The term `public health pesticide'
means any minor use pesticide product registered for use and used
predominantly in public health programs for vector control or for other
recognized health protection uses, including the prevention or
mitigation of viruses, bacteria, or other microorganisms (other than
viruses, bacteria, or other microorganisms on or in living man or other
living animal) that pose a threat to public health.
    ``(jj) Vector.--The term `vector' means any animal capable of
transmitting the causative agent of human disease or capable of
producing human discomfort or injury, including mosquitoes, flies,
fleas, cockroaches, or other insects and ticks, mites, or rats.''.

SEC. 3. REGISTRATION.

    Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amended--
            (1) by inserting after ``pattern of use,'' the following:
        ``the public health and agricultural need for such minor
        use,'', and
            (2) by striking out ``potential exposure of man and the
        environment to the pesticide'' and inserting in lieu thereof
        ``potential beneficial or adverse effects on man and the
        environment''.

SEC. 4. REREGISTRATION.

    Section 4 (7 U.S.C. 136a-1) is amended--
            (1) in subsection (i)(4), by redesignating subparagraphs
        (B) and (C) as subparagraphs (C) and (D), respectively and by
        adding after subparagraph (A) the following:
                    ``(B) Any pesticide defined as a public health
                pesticide of which more than 50 percent of its usage is
                devoted to the promotion of public health shall be
                exempt from fees prescribed by paragraph (3).''.
            (2) in subsection (i)(5), by redesignating subparagraphs
        (F) and (G) as subparagraphs (G) and (H), respectively, and by
        adding after subparagraph (E) the following:
                    ``(F) An end use product that is registered for a
                public health pesticide of which at least 50 percent of
                its usage is devoted to the promotion of public health
                shall be exempt from the fees prescribed by this
                paragraph.''.
            (3) in subsection (i)(7)(B), by striking out ``or to
        determine'' and inserting in lieu thereof ``, to determine''
        and by inserting before the period the following: ``, or to
        determine the volume usage for public health pesticides''.
            (4) in subsection (k)(3)(A), by striking out ``or'' at the
        end of clause (i), by striking the period at the end of clause
        (ii) and inserting in lieu thereof ``; or'', and by inserting
        after clause (ii) the following:
                            ``(iii) proposes the initial or amended
                        registration of an end use pesticide that, if
                        registered as proposed, would be used for a
                        public health pesticide.''.

SEC. 5. CANCELLATION.

    Section 6(b) is amended by striking out ``or'' at the end of
paragraph (1), by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; or'', and by adding after paragraph
(2) the following:
            ``(3) if a pesticide is registered or proposed for
        registration for public health uses, to send the notice
        specified in this subsection to the Secretary of Health and
        Human Services for review.
 The Secretary of Health and Human Services shall comment under
paragraph (3) in accordance with the procedures followed and subject to
the same conditions as comments by the Secretary of Agriculture in the
case of agricultural pesticides.''.

SEC. 6. VIEWS.

    Section 21 (7 U.S.C. 136s) is amended by redesignating subsections
(b) and (c) as subsections (c) and (d), respectively, and by adding
after subsection (a) the following:
    ``(b) Secretary of Health and Human Services.--The Administrator,
before publishing regulations under this Act for any public health
pesticide, shall solicit the views of the Secretary of Health and Human
Services in the same manner as the views of the Secretary of
Agriculture are solicited under section 25(a).''.

SEC. 7. AUTHORITY OF ADMINISTRATOR.

    Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended--
            (1) by inserting after ``various classes of pesticides''
        the following: ``, including public health pesticides,'', and
            (2) by striking out ``and nonagricultural pesticides'' and
        inserting in lieu thereof ``, nonagricultural, and public
        health pesticides''.

SEC. 8. IDENTIFICATION OF PESTS.

    Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the
following:
    ``(d) Public Health Pests.--The Administrator, in coordination with
the Secretary of Health and Human Services, shall identify pests of
significant public health importance and, in coordination with the
Public Health Service, develop and implement programs to improve and
facilitate the safe and necessary use of chemical, biological, and
other methods to combat and control such pests of public health
importance.''.

SEC. 9. PUBLIC HEALTH PESTICIDES.

    The Federal Insecticide, Fungicide, and Rodenticide Act is amended
by adding at the end the following:

``SEC. 32. PUBLIC HEALTH PESTICIDES.

    ``The Administrator, in conjunction with the Secretary of Health
and Human Services, shall submit an annual report to the Congress by
March 1 of each year describing the uses of public health pesticides to
promote human health protection in the United States. The report shall
include
            ``(1) an analysis of vector control practices,
            ``(2) an analysis of the approximately 50 diseases which
        are associated with arthropods or other vectors, including a
        consideration of the impact of vector control on the incidence
        of such diseases,
            ``(3) an analysis of the role of IPM in vector control and
        how agricultural IPM practices impact public health vector
        control, and
            ``(4) an analysis of public health pesticides, including
        the benefits of vectored disease prevention and a comparison of
        such benefits to the relative risks of the use of public health
        pesticides and the risks of vectored diseases.''.

Output:
Public Health Pesticides Protection Act of 1993 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides.  Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide.
Defines:  (1) a "public health pesticide" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) "vector" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury.
Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health.
Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide.
Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation.
Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Crossing Deterrence Act of
2008''.

SEC. 2. EXPANSION OF OPERATION STREAMLINE.

    (a) In General.--Not later than December 31, 2009, the Secretary of
Homeland Security, in Cooperation with the Attorney General, shall
expand Operation Streamline (the zero-tolerance prosecution policy for
illegal entry and reentry) to all 20 border sectors.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated $500,000,000 for each of the fiscal years 2009 through
2018 to carry out this section.

SEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
            (1) by redesignating subsections (c) and (d) as subsections
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is
apprehended while entering, or attempting to enter, the United States
at a time and place other than as designated by immigration offices--
            ``(1) in the case of a first violation of subsection (a),
        shall be sentenced to a term of imprisonment of not less than
        10 days and not more than 364 days;
            ``(2) in the case of a second violation of subsection (a),
        shall be sentenced to a term of imprisonment of not less than
        60 days and not more than 2 years; and
            ``(3) in the case of a third or subsequent violation of
        subsection (a), shall be sentenced to a term of imprisonment of
        not less than 90 days and not more than 3 years.''.

SEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY.

    Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
and imprisoned not less than 90 days and not more than 2 years.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
prescribed under subsection (a), an alien described in that subsection
who was--
            ``(1) convicted for 3 or more misdemeanors or a felony
        before such removal or departure, shall be fined under title
        18, United States Code, and imprisoned for not less than 1 year
        and not more than 10 years;
            ``(2) convicted for a felony before such removal or
        departure for which the alien was sentenced to a term of
        imprisonment of not less than 30 months, shall be fined under
        such title, and imprisoned for not less than 2 years and not
        more than 15 years;
            ``(3) convicted for a felony before such removal or
        departure for which the alien was sentenced to a term of
        imprisonment of not less than 60 months, shall be fined under
        such title and imprisoned for not less than 4 years and not
        more than 20 years;
            ``(4) convicted for 2 or more felonies before such removal
        or departure, shall be fined under such title and imprisoned
        for not less than 4 years and for not more than 20 years; or
            ``(5) convicted, before such removal or departure, for
        murder, rape, kidnapping, for a felony offense described in
        chapter 77 (relating to peonage and slavery) or 113B (relating
        to terrorism) of such title, shall be fined under such title
        and imprisoned for not less than 5 years and not more than 20
        years.
    ``(c) Reentry After Repeated Removal.--Any alien who, after having
been denied admission, excluded, deported, or removed 2 or more times,
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in the United States, shall be fined
under title 18, United States Code, and imprisoned for not less than 2
years and not more than 10 years.
    ``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described in that
subsection, and the penalties in that subsection shall apply only in
cases in which the conviction or convictions that form the basis for
the additional penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
            ``(1) the alien had sought and received, before the alleged
        violation, the express consent of the Secretary of Homeland
        Security to reapply for admission into the United States;
            ``(2) with respect to an alien previously denied admission
        and removed, the alien--
                    ``(A) was not required to obtain such advance
                consent under the Immigration and Nationality Act or
                under any prior Act; and
                    ``(B) had complied with all other laws and
                regulations governing the alien's admission into the
                United States; or
            ``(3) at the time of the prior exclusion, deportation,
        removal, or denial of admission alleged in the violation, the
        alien--
                    ``(A) was younger than 18 years of age; and
                    ``(B) had not been convicted of a crime or
                adjudicated a delinquent minor by a court of the United
                States, or a court of a State or territory, for conduct
                that would constitute a felony if committed by an
                adult.
    ``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of any prior removal order concerning the alien
unless the alien demonstrates by clear and convincing evidence that--
            ``(1) the alien exhausted all administrative remedies that
        may have been available to seek relief against the order;
            ``(2) the removal proceedings at which the order was issued
        improperly deprived the alien of the opportunity for judicial
        review; and
            ``(3) the entry of the order was fundamentally unfair.
    ``(g) Reentry of Alien Removed Before Completing Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be--
            ``(1) incarcerated for the remainder of the term of
        imprisonment, which was pending at the time of deportation
        without any reduction for parole or supervised release unless
        the alien affirmatively demonstrates that the Secretary of
        Homeland Security has expressly consented to the alien's
        reentry; and
            ``(2) subject to such other penalties relating to the
        reentry of removed aliens as may be available under this
        section or any other provision of law.
    ``(h) Limitation.--An individual who provides an alien with
emergency humanitarian assistance, including emergency medical care and
food, or transports the alien to a location where such assistance can
be rendered without compensation or the expectation of compensation may
not be prosecuted for aiding and abetting a violation of this section
based on the provision of such humanitarian services .
    ``(i) Definitions.--In this section:
            ``(1) Felony.--The term `felony' means any criminal offense
        punishable by a term of imprisonment of more than 1 year under
        the laws of the United States, of any State, or of a foreign
        government.
            ``(2) Misdemeanor.--The term `misdemeanor' means any
        criminal offense punishable by a maximum term of imprisonment
        of not more than 1 year under the applicable laws of the United
        States, of any State, or of a foreign government.
            ``(3) Removal.--The term `removal' includes any denial of
        admission, exclusion, deportation, or removal, or any agreement
        by which an alien stipulates or agrees to exclusion,
        deportation, or removal.
            ``(4) State.--The term `State' means any of the several
        States of the United States, the District of Columbia, and any
        commonwealth, territory, or possession of the United States.''.

SEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR
              INFRASTRUCTURE.

    Section 1361 of title 18, United States Code, is amended--
            (1) by striking ``Whoever'' and inserting the following:
    ``(a) In General.--Whoever''; and
            (2) by adding at the end the following:
    ``(b) Destruction of Border Barriers or Infrastructure.--Any alien
who damages or destroys fencing or infrastructure, such as cameras,
sensors, and vehicle barriers, that has been installed along the
international border of the United States by the United States
Government shall be fined under this title and imprisoned for not less
than 5 years.''.

Output:
Border Crossing Deterrence Act of 2008 - Directs the Secretary of Homeland Security to expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. Authorizes appropriations.

Amends the Immigration and Nationality Act to: (1) revise and increase criminal penalties, including establishing mandatory minimum penalties, for an alien's entry into the United States at an improper time or place; and (2) revise criminal penalty and related provisions, and establish mandatory minimum sentences, respecting the reentry of an alien who has been removed from the United States.

Amends the federal criminal code to establish a mandatory minimum criminal penalty of five years for an alien's destruction of U.S. government-installed border barriers or infrastructure.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Patient Safeguards Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The 2009 Medicare Trustees Report estimates that
        Medicare spending could grow from 3.2 percent of the U.S.
        economy to 11.4 percent during the next 75 years and warns of
        the significant cost burden growth of this magnitude would
        place on workers, Medicare beneficiaries, and the Federal
        budget.
            (2) In 2009, Congress provided $1,150,000,000 for
        comparative effectiveness research, including cost-
        effectiveness analysis.
            (3) The Medicare Payment and Advisory Commission suggested
        that the Centers for Medicare & Medicaid Services use cost
        effectiveness analysis to look at groups of services used to
        treat specific illnesses that have small differences in quality
        but large differences in cost.
            (4) MedPAC has reported concerns that the rigid use of cost
        effectiveness analysis might limit Medicare beneficiaries'
        access to certain services, ration rather than promote
        appropriate care, slow innovation, and interfere with the
        practice of medicine.
            (5) MedPAC has listed methodological and reporting
        shortcomings of cost effectiveness analysis, including not
        using all available clinical evidence, not sufficiently
        reporting on the extent to which the results are applicable to
        the general population, selectively reporting results, and
        placing undue emphasis on certain results of such analysis.
            (6) While serving as the head of Congressional Budget
        Office, White House Budget director Peter Orszag said
        determining which treatment was most cost effective for a given
        population would involve placing a dollar value on an
        additional year of life.
            (7) While serving as the head of Congressional Budget
        Office, White House Budget director Peter Orszag suggested the
        possibility of limiting Medicare coverage for more effective
        but more expensive services.
            (8) CMS recently described cost effectiveness analysis
        expertise as one of its most critical needs to Medicare
        Evidence Development & Coverage Advisory Committee, which
        advises CMS on national coverage determinations (NCDs).
            (9) CMS, through proposed rule making, has twice failed in
        attempts to formally incorporate cost effectiveness analysis
        into NCDs.
            (10) CMS officials report that the agency considers
        potential cost savings before deciding to make changes to a NCD
        that narrows coverage under the Medicare program.
            (11) AARP has stated that comparative effectiveness
        research is intended to help consumers and providers determine
        the best treatment, not just the least costly treatment. AARP
        warned that this information from comparative effectiveness
        research should not be used as a means to deny individuals
        access to appropriate therapeutic options.
            (12) The Congressional Black Caucus, focusing in particular
        on the exacerbating of health inequities across subpopulation
        groups, expressed concerns that comparative effectiveness
        research should not be used as rationale for limiting care to
        the care that works best for the average patient, rather than
        providing coverage for the care that works best for each
        individual patient.
            (13) Congressional New Democrats--
                    (A) argued that any application of comparative
                effectiveness research must protect against the use of
                this research to deny access to care solely based on
                cost; and
                    (B) urged Congress to ensure that clinical
                effectiveness and medical outcomes are the focus of
                comparative effectiveness research funding.
            (14) The American Heart Association--
                    (A) urges Congress to include patient safeguards in
                legislation to prevent the misuse of cost effectiveness
                analysis; and
                    (B) argues that the primary focus of comparative
                effectiveness research should be optimizing clinical
                outcomes and value for patients and society and not for
                the purpose of minimizing costs.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) efforts to make the Medicare program financially
        sustainable, including the application of comparative
        effectiveness research, should not--
                    (A) deprive patients of medically necessary care
                solely due to the cost of such care; or
                    (B) limit access to needed health care services due
                to a patient's age, gender, ethnicity, or disability
                status; and
            (2) Congress should protect patients' access to needed care
        by ensuring that the Administrator of CMS relies on adequate
        clinical expertise when the Administrator proposes to narrow
        coverage for a product or service under the Medicare program
        under title XVIII of the Social Security Act.

SEC. 4. PROCESS FOR CERTAIN NATIONAL COVERAGE DETERMINATIONS.

    (a) Requirements for the Issuance of Certain Medicare National
Coverage Determinations.--Unless all of the conditions under subsection
(b) are met, the Administrator may not issue a final national coverage
determination (referred to in this Act as a NCD)--
            (1) if the NCD restricts local or national coverage for an
        item or service that, before the date of the issuance of such
        NCD, was routinely covered under the Medicare program under
        title XVIII of the Social Security Act;
            (2) if the NCD would result in significant cost savings for
        the Medicare program;
            (3) if there is controversy in the available peer-reviewed
        medical and scientific literature about the evidence supporting
        the NCD;
            (4) if the NCD restricts local or national coverage for an
        item or service that--
                    (A) is supported by current clinical practice
                guidelines--
                            (i) included in the National Guideline
                        Clearinghouse maintained by the Agency for
                        Healthcare Research and Quality; or
                            (ii) maintained by a State medical society;
                        or
                    (B) is endorsed by the National Quality Forum or by
                another national organization that evaluates voluntary
                consensus-based provides quality measures and is
                designated by the Secretary for purposes of making an
                endorsement under this subparagraph; or
            (5) if the Administrator determines that--
                    (A) significant differences in opinion exist among
                experts concerning--
                            (i) what evidence should be reviewed in
                        developing the NCD; or
                            (ii) how data should be interpreted for
                        purposes of developing the NCD; and
                    (B) an independent analysis of the evidence and
                data analysis would be valuable in developing the final
                NCD.
    (b) Required Conditions.--The conditions under this subsection are
as follows:
            (1) Request for review.--Before the start of the public
        comment period for a proposed NCD that contains all the
        restrictions on the coverage of products and services included
        in the final NCD, the Administrator makes a formal request to
        MEDCAC for a review of the scientific and clinical evidence
        supporting and opposing the NCD.
            (2) MEDCAC review subcommittee.--
                    (A) In general.--MEDCAC convenes a subcommittee
                to--
                            (i) review the evidence supporting the
                        proposed NCD (including clinical practice
                        guidelines published by medical specialty
                        societies), taking into account--
                                    (I) the evidence related to
                                subpopulations of beneficiaries
                                (including men, women, racial and
                                ethnic minorities, the elderly,
                                individuals with disabilities, and
                                individuals with genetic variations);
                                and
                                    (II) the extent to which patient
                                preference is a factor in the use of
                                the item or service that is the subject
                                of the NCD;
                            (ii) conduct an evaluation of the clinical
                        and scientific evidence relating to the
                        clinical benefits and risks of a technology
                        affected by such NCD; and
                            (iii) determine if the NCD will limit the
                        access of Medicare beneficiaries to medically
                        necessary care.
                    (B) Membership.--The subcommittee under
                subparagraph (A) shall have 15 members, each of whom--
                            (i) shall be a clinical expert in the
                        medical specialty or specialties that are most
                        relevant to the topic of the NCD; and
                            (ii) to the extent feasible, shall have
                        expertise in the development of clinical
                        practice guidelines.
                    (C) Outside experts allowed.--MEDCAC may include
                individuals who are not members of MEDCAC in the
                membership of the subcommittee convened under
                subparagraph (A).
            (3) Subcommittee comment.--
                    (A) In general.--Not later than the last day of the
                period under paragraph (1), the subcommittee convened
                under paragraph (3)(A) shall submit to the
                Administrator a public comment on the NCD that contains
                an evaluation of whether--
                            (i) the NCD is appropriate based on the
                        subcommittee's activities under paragraph
                        (2)(A);
                            (ii) the NCD is consistent with clinical
                        guidelines;
                            (iii) the NCD would adversely impact the
                        access of subpopulations to items or services
                        which may benefit such subpopulations; or
                            (iv) the NCD would adversely impact access
                        to treatment options that are primarily
                        selected by patients, with their physicians,
                        based on patient preference and quality of life
                        criteria.
                    (B) Ncds that prevent access to care.--If MEDCAC
                determines that the proposed NCD could prevent Medicare
                patients from receiving medically necessary care, the
                MEDCAC panel shall include in such public comment a
                recommendation that the proposed NCD not be issued as a
                final NCD.
    (c) Restriction on Additional Limitation on Coverage.--The
Administrator may not issue a final NCD that contains any restrictions
on the coverage of products and services that were not included in the
proposed NCD reviewed under subsection (b).
    (d) Construction.--Nothing in this Act shall be construed as
preventing a Medicare beneficiary from using private funds to purchase
supplemental health insurance coverage or to directly purchase
medically necessary care.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of CMS.
            (2) CMS.--The term ``CMS'' means the Centers for Medicare &
        Medicaid Services.
            (3) MEDCAC.--The term ``MEDCAC'' means the Medicare
        Evidence Development & Coverage Advisory Committee established
        by the Secretary of Health and Human Services pursuant to
        section 222 of the Public Health Service Act.
            (4) Medically necessary services.--The term ``medically
        necessary care'' means health care services or products that a
        prudent physician would provide to a patient for the purpose of
        preventing, diagnosing, treating or rehabilitating an illness,
        injury, disease or its associated symptoms, impairments or
        functional limitations in a manner that is--
                    (A) in accordance with generally accepted standards
                of medical practice;
                    (B) clinically appropriate in terms of type,
                frequency, extent, site and duration; and
                    (C) not primarily for the convenience of the
                patient, physician, or other health care provider.
            (5) MedPAC.--The term ``MedPAC'' means the Medicare Payment
        Advisory Commission established under Section 1805 of the
        Social Security Act.
            (6) National coverage determination.--The term ``national
        coverage determination'' has the meaning given such term in
        section 1869(f)(1)(B) of the Social Security Act.

Output:
Medicare Patient Safeguards Act of 2009 - Expresses the sense of Congress that: (1) efforts to make the Medicare program financially sustainable, including application of comparative effectiveness research, should not deprive patients of medically necessary care solely due to its cost or limit access to needed health care services due to a patient's age, gender, ethnicity, or disability status; and (2) Congress should protect patients' access to needed care by ensuring that the Administrator of Centers for Medicare and Medicaid Services (CMS) relies on adequate clinical expertise when the Administrator proposes to narrow coverage for a product or service under title XVIII (Medicare) of the Social Security Act.

Establishes a process for the issuing of Medicare national coverage determinations by the Administrator. Enumerates prohibitions and conditions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending Maternal Mortality Act of
2018''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Four million American women give birth each year, and
        an estimated 700 will die annually during pregnancy,
        childbirth, or the postpartum period.
            (2) The United States ranks 47th for maternal mortality
        rate globally, and is one of only eight countries in which the
        maternal mortality rate is rising. It is estimated that,
        between 2000 and 2014, the United States maternal mortality
        rate grew by 26.6 percent.
            (3) Common causes of maternal mortality include obstetric
        hemorrhage, hypertension and preeclampsia, sepsis, and
        substance use disorder and overdose.
            (4) More than half of maternal deaths are likely
        preventable.
            (5) Additionally, 65,000 American women experience severe
        maternal morbidity (SMM) annually, meaning the physical and
        psychological conditions that result from, or are aggravated
        by, pregnancy have an adverse effect on the health of a woman.
            (6) Racial and ethnic disparities persist across the
        Nation, and Black women are three to four times more likely to
        die from complications of pregnancy or childbirth than White
        women.

SEC. 3. PLAN FOR REDUCING MATERNAL MORTALITY.

    The Public Health Service Act is amended by inserting after section
229 of such Act (42 U.S.C. 237a) the following new section:

``SEC. 229A. PLAN FOR REDUCING MATERNAL MORTALITY.

    ``(a) In General.--Not later than 1 year after the date of
enactment of the Ending Maternal Mortality Act of 2018, and biennially
thereafter, the Secretary shall develop and submit to the Congress a
national plan to reduce the rate of preventable maternal mortality,
with the goals of--
            ``(1) cutting the rate in half over the 10 years following
        such date of enactment; and
            ``(2) eliminating preventable maternal deaths by the date
        that is 20 years after such date of enactment.
    ``(b) Objectives; Strategy.--In each biennial plan under subsection
(a), the Secretary shall include--
            ``(1) a list of objectives for meeting the goals described
        in subsection (a); and
            ``(2) a strategy for implementing the plan across the
        agencies and offices of the Department of Health and Human
        Services.
    ``(c) Specific Issues.--In each biennial plan under subsection (a),
the Secretary shall address the following:
            ``(1) Increasing public understanding of maternal mortality
        and severe maternal morbidity, including risk factors, warning
        signs, and prevention of common causes like hemorrhage,
        preeclampsia, and substance use disorders and other mental
        health conditions.
            ``(2) Improving understanding of the root causes of
        maternal mortality and severe maternal morbidity, including
        both medical and socioeconomic factors.
            ``(3) Improving data collection, including State-level
        reporting.
            ``(4) Identifying at-risk populations and eliminating
        disparities that persist based on a mother's race, ethnicity,
        socioeconomic status, and geographic location.
            ``(5) Supporting and expanding maternal mortality review
        committees that bring together public and private relevant
        stakeholders to review cases of pregnancy-related and
        pregnancy-associated complications and deaths to make
        recommendations to improve the quality of care and outcomes.
            ``(6) Assessing hospital culture of safety in maternity
        care and how best to provide resources to improve outcomes.
            ``(7) Improving health and treatment services for expectant
        mothers struggling with substance use and mental health
        disorders.
            ``(8) Studying and supporting local and targeted responses
        to maternal death.
            ``(9) Identifying Federal programs and activities to reduce
        maternal mortality and making recommendations for improving the
        effectiveness and coordination of such programs and activities.
    ``(d) Public Posting.--The Secretary shall make each plan submitted
to the Congress under this section publicly accessible on the website
of the Department of Health and Human Services.
    ``(e) Consultation.--In developing each biennial plan under this
section, the Secretary shall solicit input from organizations
representing patients, health care providers, hospitals, other
treatment facilities, public health departments and practitioners, and
other entities, as appropriate.
    ``(f) Definitions.--In this section:
            ``(1) The term `maternal mortality' refers to maternal
        deaths that occur during, or within the 12 months following,
        pregnancy.
            ``(2) The term `maternal morbidity' refers to pregnancy-
        related and pregnancy-associated complications that do not
        result in maternal death.
            ``(3) The term `severe maternal morbidity' includes
        unexpected outcomes of labor and delivery that result in
        significant short- or long-term consequences to a woman's
        health.''.

Output: Ending Maternal Mortality Act of 2018 This bill amends the Public Health Service Act to require the Department of Health and Human Services to publish every two years a national plan to reduce the rate of preventable maternal mortality (maternal deaths that occur during or within 12 months of pregnancy). Each plan must address specific issues relating to maternal mortality and severe maternal morbidity (unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health), such as issues surrounding public awareness, at-risk populations and disparities, and quality of care.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Backcountry Landing Strip Access
Act''.

SEC. 2. FINDINGS.

    Congress finds that aircraft landing strips--
            (1) serve an essential safety function as emergency landing
        areas;
            (2) serve as trailhead access points for--
                    (A) outdoor enthusiasts and their activities,
                including hiking, fishing, and hunting;
                    (B) land management activities, including forest
                management and firefighting; and
                    (C) inholdings, including mining, ranching,
                scientific research, and tourism;
            (3) provide access to national parks, national forests,
        wilderness areas, and other Federal land for people who would
        otherwise be physically unable to enjoy such places;
            (4) support the economies of the surrounding communities by
        providing efficient access for visitors seeking recreational
        activities; and
            (5) serve an essential role in search and rescue, forest
        and ecological management, research, wildlife management,
        aerial mapping, firefighting, and disaster relief.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Federal Aviation Administration.
            (2) Aircraft landing strip.--The term ``aircraft landing
        strip'' means an established aircraft landing strip located on
        Federal land under the administrative jurisdiction of the
        Secretary that is for aircraft landing and departure
        activities.
            (3) Permanently close.--The term ``permanently close''
        means any closure lasting more than 30 consecutive days in any
        calendar year.
            (4) Secretary.--The term ``Secretary'' means--
                    (A) with respect to land under the jurisdiction of
                the Department of the Interior, the Secretary of the
                Interior; and
                    (B) with respect to land under the jurisdiction of
                the Department of Agriculture, the Secretary of
                Agriculture.

SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN
              AIRCRAFT LANDING STRIPS.

    (a) In General.--The Secretary shall not take any action that would
permanently close, restrict, or render or declare as unserviceable any
aircraft landing strip unless--
            (1) the action has been approved by the head of the
        aviation department of the State in which the aircraft landing
        strip is located;
            (2) the Secretary publishes notice of the proposed action
        in the Federal Register, including notice that the action would
        permanently close, restrict, or render or declare as
        unserviceable the aircraft landing strip;
            (3) the Secretary provides for a 90-day public comment
        period beginning on the date on which the notice under
        paragraph (2) is published; and
            (4) the Secretary and the head of the aviation department
        of the State in which the affected aircraft landing strip is
        located have taken into consideration any comments received
        during the comment period described in paragraph (3).
    (b) Policies.--
            (1) Backcountry aviation policies.--Not later than 2 years
        after the date of the enactment of this Act, the Secretary of
        the Interior and the Secretary of Agriculture shall jointly--
                    (A) establish a national policy for governing
                backcountry aviation issues relating to the management
                of Federal land under the jurisdiction of the
                Department of the Interior and the Department of
                Agriculture; and
                    (B) require officials with jurisdiction over the
                land described in subparagraph (A) to adhere to the
                policy established pursuant to such subparagraph.
            (2) Requirements.--Any policy affecting air access to an
        aircraft landing strip, including the policy established under
        paragraph (1), shall not take effect unless the policy--
                    (A) acknowledges that the Administrator has the
                sole authority to control aviation and airspace over
                the United States; and
                    (B) was developed after seeking and considering
                comments from State governments and the public.
    (c) Maintenance of Airstrips.--
            (1) In general.--To ensure that aircraft landing strips are
        maintained in a manner that is consistent with the resource
        values of any adjacent area, the Secretary shall consult with--
                    (A) the head of the aviation department of each
                State in which an aircraft landing strip is located;
                and
                    (B) any other interested parties.
            (2) Cooperative agreements.--The Secretary may enter into
        cooperative agreements with interested parties for the
        maintenance of aircraft landing strips.
            (3) Maintenance standards.--State aircraft landing strip
        maintenance standards shall be used as the minimum standard
        when such standards are available.
    (d) Exchanges or Acquisitions.--
            (1) Conditions.--If the Federal Government acquires private
        or public property on which an aircraft landing strip is
        located, the acquisition may not require--
                    (A) the closure or purposeful neglect of the
                aircraft landing strip; or
                    (B) any other action that would restrict the use of
                any aircraft landing strip.
            (2) Availability.--Each private or publicly owned aircraft
        landing strip acquired by the Federal Government shall be made
        available to the general public for unrestricted use.
    (e) Effect on Federal Aviation Administration Authority.--Nothing
in this Act may be construed to affect the authority of the
Administrator over aviation or airspace.

Output:
Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the action has been approved by the head of the aviation department of the state in which the landing strip is located; (2) the Secretary publishes notice of the proposed action and provides for a 90-day public comment thereafter; and (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received.

Requires the Secretaries to: (1) establish a nationwide policy for governing backcountry aviation issues relating to the management of federal land under the jurisdiction of the Departments of the Interior and Agriculture; and (2) require officials with jurisdiction over such land to adhere to such policy.

Requires private and publicly-owned aircraft landing strips acquired by the government to be made available to the public for unrestricted use.


Input:
SECTION 1. ENERGY INNOVATION HUBS.

    (a) Authorization of Program.--
            (1) In general.--The Secretary of Energy shall carry out a
        program to enhance the Nation's economic, environmental, and
        energy security by making awards to consortia for establishing
        and operating Energy Innovation Hubs to conduct and support,
        whenever practicable at one centralized location,
        multidisciplinary, collaborative research, development,
        demonstration, and commercial application of advanced energy
        technologies.
            (2) Technology development focus.--The Secretary shall
        designate for each Hub a unique advanced energy technology
        focus.
            (3) Coordination.--The Secretary shall ensure the
        coordination of, and avoid unnecessary duplication of, the
        activities of Hubs with those of other Department of Energy
        research entities, including the National Laboratories, the
        Advanced Research Projects Agency--Energy, Energy Frontier
        Research Centers, and within industry.
    (b) Consortia.--
            (1) Eligibility.--To be eligible to receive an award under
        this section for the establishment and operation of a Hub, a
        consortium shall--
                    (A) be composed of no fewer than 2 qualifying
                entities; and
                    (B) operate subject to an agreement entered into by
                its members that documents--
                            (i) the proposed partnership agreement,
                        including the governance and management
                        structure of the Hub;
                            (ii) measures to enable cost-effective
                        implementation of the program under this
                        section;
                            (iii) a proposed budget, including
                        financial contributions from non-Federal
                        sources;
                            (iv) a plan for managing intellectual
                        property rights; and
                            (v) an accounting structure that enables
                        the Secretary to ensure that the consortium has
                        complied with the requirements of this section.
            (2) Application.--A consortium seeking to establish and
        operate a Hub under this section, acting through a prime
        applicant, shall transmit to the Secretary an application at
        such time, in such form, and accompanied by such information as
        the Secretary shall require, including a detailed description
        of the elements of the consortium agreement required under
        paragraph (1)(B). If the consortium members will not be located
        at one centralized location, such application shall include a
        communications plan that ensures close coordination and
        integration of the Hub's activities.
    (c) Selection and Schedule.--The Secretary shall select consortia
for awards for the establishment and operation of Hubs through
competitive selection processes. In selecting consortia, the Secretary
shall consider the information a consortium must disclose according to
subsection (b), as well as any existing facilities a consortium will
provide for Hub activities. Awards made to a Hub shall be for a period
not to exceed 5 years, after which the award may be renewed, subject to
a rigorous merit review. A Hub already in existence on the date of
enactment of this Act may continue to receive support for a period of 5
years beginning on the date of establishment of that Hub.
    (d) Hub Operations.--
            (1) In general.--Each Hub shall conduct or provide for
        multidisciplinary, collaborative research, development,
        demonstration, and, where appropriate, commercial application
        of advanced energy technologies within the technology
        development focus designated under subsection (a)(2). Each Hub
        shall--
                    (A) encourage collaboration and communication among
                the member qualifying entities of the consortium and
                awardees by conducting activities whenever practicable
                at one centralized location;
                    (B) develop and publish on the Department of
                Energy's website proposed plans and programs;
                    (C) submit an annual report to the Secretary
                summarizing the Hub's activities, including detailing
                organizational expenditures, and describing each
                project undertaken by the Hub; and
                    (D) monitor project implementation and
                coordination.
            (2) Conflicts of interest.--
                    (A) Procedures.--Hubs shall maintain conflict of
                interest procedures, consistent with those of the
                Department of Energy, to ensure that employees and
                consortia designees for Hub activities who are in
                decisionmaking capacities disclose all material
                conflicts of interest and avoid such conflicts.
                    (B) Disqualification and revocation.--The Secretary
                may disqualify an application or revoke funds
                distributed to a Hub if the Secretary discovers a
                failure to comply with conflict of interest procedures
                established under subparagraph (A).
            (3) Prohibition on construction.--
                    (A) In general.--No funds provided pursuant to this
                section may be used for construction of new buildings
                or facilities for Hubs. Construction of new buildings
                or facilities shall not be considered as part of the
                non-Federal share of a Hub cost-sharing agreement.
                    (B) Test bed and renovation exception.--Nothing in
                this subsection shall prohibit the use of funds
                provided pursuant to this section, or non-Federal cost
                share funds, for research or for the construction of a
                test bed or renovations to existing buildings or
                facilities for the purposes of research if the
                Secretary determines that the test bed or renovations
                are limited to a scope and scale necessary for the
                research to be conducted.
    (e) Termination.--Consistent with the existing authorities of the
Department, the Secretary may terminate an underperforming Hub for
cause during the performance period.
    (f) Definitions.--For purposes of this section:
            (1) Advanced energy technology.--The term ``advanced energy
        technology'' means--
                    (A) an innovative technology--
                            (i) that produces energy from solar, wind,
                        geothermal, biomass, tidal, wave, ocean, or
                        other renewable energy resources;
                            (ii) that produces nuclear energy;
                            (iii) for carbon capture and sequestration;
                            (iv) that enables advanced vehicles,
                        vehicle components, and related technologies
                        that result in significant energy savings;
                            (v) that generates, transmits, distributes,
                        utilizes, or stores energy more efficiently
                        than conventional technologies, including
                        through Smart Grid technologies; or
                            (vi) that enhances the energy independence
                        and security of the United States by enabling
                        improved or expanded supply and production of
                        domestic energy resources, including coal, oil,
                        and natural gas;
                    (B) research, development, demonstration, and
                commercial application activities necessary to ensure
                the long-term, secure, and sustainable supply of energy
                critical elements; or
                    (C) another innovative energy technology area
                identified by the Secretary.
            (2) Energy critical element.--The term ``energy critical
        element'' means any of a class of chemical elements that have a
        high risk of a supply disruption and are critical to one or
        more new, energy-related technologies such that a shortage of
        such element would significantly inhibit large-scale deployment
        of technologies that produce, transmit, store, or conserve
        energy.
            (3) Hub.--The term ``Hub'' means an Energy Innovation Hub
        established or operating in accordance with this section,
        including any Energy Innovation Hub existing as of the date of
        enactment of this Act.
            (4) Qualifying entity.--The term ``qualifying entity''
        means--
                    (A) an institution of higher education;
                    (B) an appropriate State or Federal entity,
                including the Department of Energy Federally Funded
                Research and Development Centers;
                    (C) a nongovernmental organization with expertise
                in advanced energy technology research, development,
                demonstration, or commercial application; or
                    (D) any other relevant entity the Secretary
                considers appropriate.

Output: This bill requires the Department of Energy (DOE) to carry out a grant program to enhance the nation's economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies. Advanced energy technologies are innovative technologies or research, development, demonstration, and commercial application activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements. These elements have a high risk of a supply disruption and are critical to new, energy-related technologies in that a shortage of the element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy.  Examples of advanced energy technology include an innovative technology that:  produces energy from renewable energy resources;   produces nuclear energy;  includes carbon capture and sequestration;  enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings;   generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies; and   enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources.  DOE must designate a unique advanced energy technology focus for each hub.  Grants may not be used for constructing new buildings or facilities for hubs. Further, construction of new buildings or facilities may not be considered as part of the non-federal share of a hub cost-sharing agreement. Grants and non-federal cost share funds may be used for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Center for Pain Research
Act of 1996''.

SEC. 2. NATIONAL CENTER FOR PAIN RESEARCH.

    (a) Establishment.--Section 401(b)(2) of the Public Health Service
Act (42 U.S.C. 281(b)(2)) is amended by adding at the end thereof the
following new subparagraph:
            ``(F) The National Center for Pain Research.''.
    (b) Operation.--Part E of title IV (42 U.S.C. 287 et seq.) is
amended by adding at the end thereof the following new subpart:

             ``Subpart 5--National Center for Pain Research

``SEC. 485E. ESTABLISHMENT AND PURPOSE OF THE CENTER.

    ``(a) Establishment.--The Secretary shall establish within the
National Institutes of Health, a center to be known as the National
Center for Pain Research (hereafter referred to in this subpart as the
`Center'). The Center shall be headed by a Director (hereafter referred
to in this subpart as the `Director') who shall be appointed by the
Director of NIH, after consultation with experts in the fields of pain
research and treatment representing the disciplines designated in
subsection (b)(3), and have the powers described in section 405.
    ``(b) General Purpose.--The general purpose of the National Center
for Pain Research is--
            ``(1) to improve the quality of life of individuals
        suffering from pain by fostering of clinical and basic science
        research into the causes of and effective treatments for pain;
            ``(2) to establish a national agenda for conducting and
        supporting pain research in the specific categories described
        in subparagraphs (A), (B), (C), and (D) of paragraph (3);
            ``(3) to identify, coordinate and support research,
        training, health information dissemination and related
        activities with respect to--
                    ``(A) acute pain;
                    ``(B) cancer and HIV-related pain;
                    ``(C) back pain, headache pain, and facial pain;
                and
                    ``(D) other painful conditions;
        including the biology of pain, the development of new and the
        refinement of existing pain treatments, the delivery of pain
        treatment through the health care system and the coordination
        of interdisciplinary pain management, that should be conducted
        or supported by the National Institutes of Health;
            ``(4) to conduct and support pain research, training,
        education and related activities that have been identified as
        requiring additional, special priority as determined
        appropriate by the Director of the Center and the advisory
        council established under subsection (c);
            ``(5) to coordinate all pain research, training, and
        related activities being carried out among and within the
        National Institutes of Health;
            ``(6) to initiate a comprehensive program of collaborative
        interdisciplinary research among schools, colleges and
        universities, including colleges of medicine and osteopathy,
        colleges of nursing, colleges of chiropractic who are members
        of the Association of Chiropractic Colleges, schools of
        dentistry, schools of physical therapy, schools of occupational
        therapy, and schools of clinical psychology, comprehensive
        health care centers, and specialized centers of pain research
        and treatment; and
            ``(7) to promote the sufficient allocation of the resources
        of the National Institutes of Health for conducting and
        supporting pain research in the specific categories described
        in subparagraphs (A), (B), (C), and (D) of paragraph (3).
    ``(c) Advisory Council.--
            ``(1) In general.--The National Pain Research Center
        Advisory Board shall be the advisory council for the Center.
        Section 406 applies to the advisory council established under
        this paragraph, except that--
                    ``(A) the members of the advisory council shall
                include representatives of the broad range of health
                and scientific disciplines involved in research and
                treatment related to those categories of pain described
                in subsection (b)(2), and shall include an equal number
                of representatives of physicians who practice pain
                management, clinical psychologists, individuals who
                provide physical medicine and rehabilitative services
                (including physical therapy and occupational therapy),
                nurses, dentists, and chiropractic health care
                professionals;
                    ``(B) the nonvoting ex officio members shall
                include--
                            ``(i) the Director of the National Cancer
                        Institute;
                            ``(ii) the Director of the National
                        Institute of Dental Research;
                            ``(iii) the Director of the National
                        Institute of Child Health and Human
                        Development;
                            ``(iv) the Director of the National
                        Institute of Nursing Research;
                            ``(v) the Director of the National
                        Institute of Allergy and Infectious Diseases;
                            ``(vi) the Director of the National
                        Institute of Arthritis and Musculoskeletal and
                        Skin Diseases;
                            ``(vii) the Director of the National
                        Institute of Neurological Disorders and Stroke;
                            ``(viii) the Director of the National
                        Institute on Drug Abuse; and
                            ``(ix) the Director of the National
                        Institute on Disability and Rehabilitation
                        Research of the Department of Education; and
                    ``(3) the council shall meet at least two times
                each fiscal year.
            ``(2) Duties.--The advisory council shall advise, assist,
        consult with and make recommendations to the Director of the
        Center concerning matters relating to the coordination,
        research, training, education, and related general purposes set
        forth in sub section (b), including policy recommendations with
        regard to grants, contracts, and the operations of the Center.
    ``(d) Establishment of Regional Pain Research Centers.--
            ``(1) Establishment.--To facilitate and enhance the
        research, training, education, and related activities to be
        carried out by the Center, the Director of the Center, in
        consultation with the advisory council established under
        subsection (c), shall establish not less than six regional pain
        research centers.
            ``(2) Focus and distribution.--
                    ``(A) Focus.--The regional centers established
                under paragraph (1) shall have as their primary focus
                one of the categories of pain described in
                subparagraphs (A), (B), (C), and (D) of subsection
                (b)(3).
                    ``(B) Distribution.--One regional pain research
                center shall be established in each of the following
                six regions of the United States as defined by the
                Secretary:
                    ``(A) The northeast region.
                    ``(B) The southeast region.
                    ``(C) The midwest region.
                    ``(D) The southwest region.
                    ``(E) The west region, including Hawaii.
                    ``(F) The Pacific Northwest region, including
                Alaska.
            ``(2) Use of technology.--The regional centers established
        under paragraph (1) shall be a part of the Center and shall be
        interconnected to the Center headquarters through the
        utilization of distance learning technologies, satellites,
        fiber optic links, or other telecommunications and computer
        systems, to allow for the interactive exchange of information,
        research data, findings, training programs, educational
        programs, and other Center research and related initiatives.
            ``(3) Initial regional centers.--The initial regional
        centers shall be selected through a competitive process from
        among institutions and centers of the type described in
        subsection (b)(6).
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--For the purposes of carrying out this
        section, there are authorized to be appropriated $20,000,000
        for each of fiscal years 1997, 1998, and 1999, and such sums as
        may be necessary for fiscal year 2000.
            ``(2) Regional centers.--Of the amount appropriated under
        paragraph (1) for fiscal year 1998 and each subsequent fiscal
        year, not less than $1,000,000 shall be made available to each
        of the regional centers established under subsection (d).
            ``(3) Report to congress.--Not later than January 1, 1998,
        and each January 1, thereafter, the Director of the Center
        shall prepare and submit to the committees of Congress a report
        concerning the total amount of funds expended to support for
        pain-related research in for the year for which the report was
        prepared.''.

Output: National Center for Pain Research Act of 1996 - Amends the Public Health Service Act to establish, in the National Institutes of Health, the National Center for Pain Research.  Makes the National Pain Research Center Advisory Board the advisory council for the Center. Mandates establishment of not less than six regional pain research centers.  Authorizes appropriations.