Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Protective Service Reform
and Enhancement Act of 2010''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL PROTECTIVE SERVICE.

    (a) In General.--There is authorized to be appropriated to the
Director of the Federal Protective Service $246,000,000 for fiscal year
2011 to carry out Federal Protective Service counterterrorism
functions, including--
            (1) law enforcement on federally controlled property;
            (2) incident investigations;
            (3) suspect capture and detention;
            (4) 24-hour security alarm monitoring;
            (5) nationwide dispatch services;
            (6) facility security assessments; and
            (7) terrorism prevention.
    (b) Sufficient Funding to Effectively Double the Size of the
Federal Protective Service Inspector Force.--In addition to amounts
authorized under subsection (a), the Federal Protective Service is
authorized 1,200 full-time equivalent positions in the Federal
Protective Service inspector force that monitor performance of security
personal services procured by contract.

SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT BASIC
              SECURITY FUNCTIONS.

    (a) In General.--Section 1315(a) of title 40, United States Code,
is amended by--
            (1) striking ``(a) In General.--'' and inserting the
        following:
    ``(a) In General.--
            ``(1) Protection of federal property.--''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Authority over gsa properties.--The Secretary, acting
        through the Federal Protective Service, shall have the lead
        authority in the executive branch to carry out counterterrorism
        functions on Federal property managed by the General Services
        Administration (including property leased by the General
        Services Administration), including--
                    ``(A) law enforcement on federally controlled
                property;
                    ``(B) incident investigations;
                    ``(C) suspect capture and detention;
                    ``(D) 24-hour security alarm monitoring;
                    ``(E) nationwide dispatch services;
                    ``(F) facility security assessments; and
                    ``(G) terrorism prevention.
            ``(3) Agreements with other law enforcement authorities.--
        Nothing in this subsection shall preempt the Federal Protective
        Service from entering into agreements with other Federal,
        State, or local law enforcement authorities to provide security
        or respond to incidents on property that is under the
        jurisdiction and control of the Administrator of General
        Services.''.
    (b) Conforming Amendments.--
            (1) Section 1315(g) of title 40, United States Code, is
        amended by striking ``Nothing'' and inserting ``Subject to
        subsection (a)(2), nothing''.
            (2) Section 1706(b)(2) of the Homeland Security Act of 2002
        (40 U.S.C. 1315 note) is amended by striking ``The Secretary''
        and inserting ``Subject to subsection (a)(2), the Secretary''.

SEC. 4. STRATEGIC PLAN REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a 5-year budget outlook and strategic plan for the Federal
Protective Service that includes the following:
            (1) Estimates of staffing and associated costs the Federal
        Protective Service requires in order to provide basic security
        functions.
            (2) Estimates of staffing and associated costs the Federal
        Protective Service requires in order to assess the need for
        and, as appropriate, provide building specific security
        countermeasures.
            (3) Estimates of staffing and associated cost the Federal
        Protective Service requires for reimbursable agency-specific
        security work authorization functions.
            (4) Reviews of the performance of contractor-provided
        security guards that assesses both quality and cost of
        individual private contract guard companies performing Federal
        Protective Service guard functions under contract.
    (b) Updates.--The Secretary shall include an annual update of such
plan with the President's annual budget submission to the Congress.

SEC. 5. FACILITY SECURITY RISK ASSESSMENTS.

    (a) In General.--The Secretary of Homeland Security, acting through
the Director of Federal Protective Service, shall--
            (1) conduct facility security assessments in consultation
        with the facility security committee established for a
        facility;
            (2) prepare a report on each assessment, including
        recommendations of countermeasures against a terrorist attack
        to ensure the security of the facility concerned; and
            (3) give the facility security committee established for
        such a facility a 60-day period to review and comment on each
        report.
    (b) Selection of Recommendations for Implementation.--
            (1) Selection by gsa.--Upon the completion of the period
        for review and comment under subsection (a)(3)--
                    (A) the Director shall submit the assessment report
                to the Administrator of General Services; and
                    (B) the Administrator may select for implementation
                any of the recommendations of countermeasures in the
                report for implementation.
            (2) Notification of nonselection.--If the Administrator
        determines that any of the recommendations of countermeasures
        in a report submitted under paragraph (1) should not be
        implemented for a facility, the Administrator shall notify the
        head of each Federal agency in the facility and the facility
        security committee for the facility that the recommendation
        will not be implemented, including the reasons why.
            (3) Selection by facility security committee.--If a
        facility security committee receives notice under paragraph (2)
        regarding any recommendations, it may select any of the
        recommendations for implementation.
    (c) Reimbursement.--If any of the recommendations in a report
submitted under subsection (a) is selected by the Administrator or a
facility security committee under subsection (c) for implementation--
            (1) the Director shall implement the recommendation;
            (2) the Administrator shall allocate to the Federal
        agencies in that facility the costs incurred by the Federal
        Protective Service for such implementation; and
            (3) each such agency shall reimburse the Federal Protective
        Service for the costs allocated to the agency by the
        Administrator.
    (d) Annual Report.--The Director shall submit an annual report to
Congress on the disposition of recommendations included in reports
under this section that the Administrator did not select for
implementation.
    (e) Facility Security Committee Defined.--In this section the term
``facility security committee'' means a facilities facility security
committee established pursuant to the report entitled ``Vulnerability
Assessment of Federal Facilities'', issued by the Interagency Security
Committee established by Executive Order 12977.

SEC. 6. CONTRACT GUARD STAFF.

    (a) Minimum Standards for Training and Annual Recertification.--The
Secretary of Homeland Security shall develop minimum standards for
training and annual recertification for the Federal Protective
Service's contract guards including--
            (1) minimum fitness standards;
            (2) annual recertification on access control policies and
        control equipment, including x-ray and magnetometer training;
            (3) training in arrest and control procedures;
            (4) training in operation of emergency equipment;
            (5) basic first aid and CPR training and certification;
            (6) weapons training, as applicable; and
            (7) behavior detection training.
    (b) Pilot Program.--
            (1) In general.--Within 1 year after the date of enactment
        of this Act, the Director shall establish a 3-year pilot
        program in not less than 3 level IV facilities to test and
        evaluate--
                    (A) to what extent efficiencies exist in having a
                federalized guard staff; and
                    (B) to what extent such a federalized guard staff
                provides a measurable improvement in facility or
                personnel security.
            (2) Report.--Not later than 120 days before the
        commencement of the program, the Director shall report to
        Congress regarding what performance metrics will be considered
        in measuring improvement in efficiencies and security provided
        by such a federalized guard staff.
            (3) Monitoring by gao.--The Comptroller General of the
        United States--
                    (A) shall monitor and review the conduct of the
                pilot program; and
                    (B) shall submit to Congress and the Secretary of
                Homeland Security an interim report 6 months after the
                commencement of the pilot program, and a final report
                within 120 days after the conclusion of the pilot
                program, that each addresses whether--
                            (i) the Secretary has established
                        sufficient mechanisms to determine whether the
                        pilot program provides efficiencies in
                        protecting Federal facilities;
                            (ii) the pilot program consists of an
                        adequate sample of level IV facilities; and
                            (iii) there are cost savings and security
                        enhancements realized by having a federalized
                        guard force.

SEC. 7. SITE INSPECTIONS.

    (a) Right of Entry.--For purposes of carrying out this Act, the
Secretary of Homeland Security shall have, on presentation of
credentials, a right of entry to, on, or through any property for which
security is provided by the Federal Protective Service.
    (b) Inspections and Verifications.--
            (1) In general.--The Secretary shall, at such time and
        place as the Secretary determines to be reasonable and
        appropriate, conduct security inspections and verifications for
        property for which security is provided by the Federal
        Protective Service.
            (2) Unannounced inspections.--In addition to any inspection
        conducted pursuant to paragraph (1), the Secretary shall
        require such properties to undergo unannounced security
        inspections. The inspections required under this paragraph
        shall be--
                    (A) conducted without prior notice to the facility;
                    (B) designed to evaluate undergoing inspection--
                            (i) the ability of the Federal Protective
                        Service security and contract guards to prevent
                        an incident that applicable security
                        performance standards are intended to prevent;
                            (ii) the ability of the Federal Protective
                        Service security and contract guards to protect
                        against terrorist threats that are required to
                        be addressed by applicable performance
                        standards; and
                            (iii) any weaknesses in the security plan
                        of the facility;
                    (C) conducted so as not to affect the actual
                security, physical integrity, or safety of the property
                or its employees while the inspection is conducted; and
                    (D) conducted at least--
                            (i) every year in the case of a level IV
                        facility;
                            (ii) every 2 years in the case of a level
                        III facility;
                            (iii) every 3 years in the case of a level
                        II facility; and
                            (iv) every four years in the case of a
                        level I facility.
    (c) Report.--The Secretary shall report annually with the
President's budget submission to Congress on covert testing strategy
and results of unannounced inspections under this section.

SEC. 8. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND
              TRAINING.

    (a) In General.--Within 6 months of the date of enactment of this
Act, the Director of the Federal Protective Service, in consultation
with the Assistant Secretary, Transportation Security Administration,
shall publish--
            (1) a list of qualified vendors and a list of qualified
        products that would promote common standards of deployment of
        personnel and technology;
            (2) standards for training personnel, among all Federal
        Protective Service protected properties; and
            (3) best practices for utilizing items on the qualified
        products list so they are utilized in the most effective
        manner, including a process to best utilize existing products
        currently deployed.
    (b) Requirement To Use Lists.--
            (1) In general.--Following the publication of the qualified
        vendors list and the qualified products list under subsection
        (a), the Federal Protective Service may not enter into any
        contractual arrangement for services or products covered by
        such lists--
                    (A) with any person that is not included on the
                qualified vendors list;
                    (B) for procurement of any product that is not
                included on the qualified products list; or
                    (C) under which a subcontract may be awarded to a
                person that is not included on the qualified vendors
                list.
            (2) Limitation on application.--
                    (A) In general.--Paragraph (1) shall not apply to
                any contract the Director of the Federal Protective
                Service determines to be necessary to carry out the
                security missions of the Federal Protective Service.
                    (B) Notification to congress.--The Director shall
                notify the Committee on Homeland Security of the House
                of Representatives and the Committee on Homeland
                Security and Governmental Affairs of the Senate in
                writing within 30 days after entering any contract
                under this paragraph, setting forth the determination
                under subparagraph (A) and the basis for that
                determination.
    (c) Cooperative Agreement.--Within 6 months after the date of
enactment of this Act, the Secretary of Homeland Security shall require
the Assistant Secretary, Transportation Security Administration, the
Under Secretary for Science and Technology, and the Under Secretary for
National Protection and Programs to enter into a memorandum of
understanding, or similar cooperative agreement, pursuant to which the
Transportation Security Laboratory will provide the Federal Protective
Service with expertise, consultation, exchange of information, and
testing for technology covered by the qualified vendors list and the
qualified products list required by this section.

SEC. 9. PROHIBITED ITEMS LIST.

    (a) In General.--Not later than the end of the 180-day period
beginning on the date of enactment of this Act, the Secretary of
Homeland Security, acting through the Under Secretary of the National
Programs and Protection Directorate and in consultation with
Administrator of General Services, shall issue and implement a list of
items, including component parts, that are prohibited from being
brought into facilities protected by Federal Protective Service, unless
specifically authorized on a case-by-case basis by the Secretary or the
Secretary's designee.
    (b) Additional Items.--Nothing in this section prohibits a facility
security committee from prohibiting items that are not included on such
list from being brought into the facility of that committee.
    (c) Failure To Issue List.--If the Secretary of Homeland Security
fails to implement a prohibited items list in accordance with
subsection (a), then the prohibited items list established by the
Transportation Security Administration for civilian aviation shall
apply for facilities protected by Federal Protective Service--
            (1) effective upon expiration of the period referred to in
        subsection (a); and
            (2) until such time as the Secretary, acting through the
        Under Secretary of the National Programs and Protection
        Directorate, issues a prohibited items list described in
        subsection (a).
    (d) Facility Security Committee Defined.--In this section the term
``facility security committee'' means a facility security committee
established pursuant to the report entitled ``Vulnerability Assessment
of Federal Facilities'', issued by the Interagency Security Committee
established by Executive Order 12977.

SEC. 10. REPORT REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress the
following:
            (1) A strategy for more effectively managing the contract
        guard program of the Federal Protective Service that ensures
        there is adequate oversight and monitoring of training for such
        program.
            (2) A status report on the implementation of the RAMP
        program, including an estimated date by which it will be fully
        operational.
            (3) Estimates of the additional manpower, resources, and
        funding the Federal Protective Service would need in order to
        provide security for high-profile terror trials in multiple or
        varying locations.
            (4) A status report on the implementation of the CADIS
        program, including an estimated date by which it will be fully
        operational.
            (5) A coordinated strategy for cooperation between the
        Under Secretary of National Programs and Protection and the
        Under Secretary for Science and Technology regarding research,
        development, and deployment of security technology conducted by
        the Transportation Security Laboratory.
    (b) Definitions.--In this section:
            (1) CADIS program.--The term ``CADIS program'' means the
        Computer Aided Dispatch Information System of the Federal
        Protective Service.
            (2) RAMP program.--The term ``RAMP program'' means the Risk
        Assessment and Management Program of the Federal Protective
        Service.

Output:
Federal Protective Service Reform and Enhancement Act of 2010 - Authorizes: (1) appropriations to the Director of the Federal Protective Service (FPS) for FY2011 to carry out counterterrorism functions; and (2) 1,200 full-time equivalent positions in the inspector force that monitor performance of security personal services procured by contract. Grants the Secretary of the Department of Homeland Security (DHS), acting through FPS, lead authority in the executive branch to carry out counterterrorism functions on federal property managed by the General Services Administration (GSA).

Requires the Secretary to submit to Congress a five-year budget outlook and strategic plan for FPS. Requires annual updates. Directs the Secretary, through the Director, to: (1) conduct facility security assessments; (2) prepare a report on each assessment; and (3) give the facility security committee established for such a facility a 60-day period to review and comment on each report. Provides for the selection by GSA of recommendations for implementation.

Requires: (1) the Secretary to develop minimum standards for training and annual recertification for FPS's contract guards; (2) the Director to establish a three-year pilot program in not less than three level IV facilities to test and evaluate to what extent efficiencies exist in having a federalized guard staff and to what extent such a staff provides a measurable improvement in security; and (3) the Comptroller General to monitor and review the program.

Grants the Secretary a right of entry to property for which security is provided by FPS for unannounced inspections. Requires the Secretary to conduct security inspections, including unannounced inspections, of such properties.

Directs the Director to publish: (1) a list of qualified vendors and products that would promote common standards of deployment of personnel and technology; (2) standards for training personnel among all FPS protected properties; and (3) best practices for utilizing items on the qualified products list. Directs the Secretary to issue and implement a list of items that are prohibited from being brought into facilities protected by FPS unless specifically authorized on a case-by-case basis.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cosmetology Tax Fairness and
Compliance Act of 2003''.

SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID
              WITH RESPECT TO EMPLOYEE TIPS.

    (a) Expansion of Credit to Other Lines of Business.--Paragraph (2)
of section 45B(b) of the Internal Revenue Code of 1986 is amended to
read as follows:
            ``(2) Application only to certain lines of business.--In
        applying paragraph (1), there shall be taken into account only
        tips received from customers or clients in connection with--
                    ``(A) the providing, delivering, or serving of food
                or beverages for consumption if the tipping of
                employees delivering or serving food or beverages by
                customers is customary, or
                    ``(B) the providing of any cosmetology service for
                customers or clients at a facility licensed to provide
                such service if the tipping of employees providing such
                service is customary.''
    (b) Definition of Cosmetology Service.--Section 45B of such Code is
amended by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively, and by inserting after subsection (b) the following
new subsection:
    ``(c) Cosmetology Service.--For purposes of this section, the term
`cosmetology service' means--
            ``(1) hairdressing,
            ``(2) haircutting,
            ``(3) manicures and pedicures,
            ``(4) body waxing, facials, mud packs, wraps, and other
        similar skin treatments, and
            ``(5) any other beauty related service provided at a
        facility at which a majority of the services provided (as
        determined on the basis of gross revenue) are described in
        paragraphs (1) through (4).''
    (c) Effective Date.--The amendments made by this section shall
apply to tips received for services performed after December 31, 2003.

SEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF
              COSMETOLOGY SERVICES.

    (a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by inserting after
section 6050T the following new section:

``SEC. 6050U. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION
              TO BE PROVIDED TO COSMETOLOGISTS.

    ``(a) In General.--Every person (referred to in this section as a
`reporting person') who--
            ``(1) employs 1 or more cosmetologists to provide any
        cosmetology service,
            ``(2) rents a chair to 1 or more cosmetologists to provide
        any cosmetology service on at least 5 calendar days during a
        calendar year, or
            ``(3) in connection with its trade or business or rental
        activity, otherwise receives compensation from, or pays
        compensation to, 1 or more cosmetologists for the right to
        provide cosmetology services to, or for cosmetology services
        provided to, third-party patrons,
shall comply with the return requirements of subsection (b) and the
taxpayer education requirements of subsection (c).
    ``(b) Return Requirements.--The return requirements of this
subsection are met by a reporting person if the requirements of each of
the following paragraphs applicable to such person are met.
            ``(1) Employees.--In the case of a reporting person who
        employs 1 or more cosmetologists to provide cosmetology
        services, the requirements of this paragraph are met if such
        person meets the requirements of sections 6051 (relating to
        receipts for employees) and 6053(b) (relating to tip reporting)
        with respect to each such employee.
            ``(2) Independent contractors.--In the case of a reporting
        person who pays compensation to 1 or more cosmetologists (other
than as employees) for cosmetology services provided to third-party
patrons, the requirements of this paragraph are met if such person
meets the applicable requirements of section 6041 (relating to returns
filed by persons making payments of $600 or more in the course of a
trade or business), section 6041A (relating to returns to be filed by
service-recipients who pay more than $600 in a calendar year for
services from a service provider), and each other provision of this
subpart that may be applicable to such compensation.
            ``(3) Chair renters.--
                    ``(A) In general.--In the case of a reporting
                person who receives rent or other fees or compensation
                from 1 or more cosmetologists for use of a chair or for
                rights to provide any cosmetology service at a salon or
                other similar facility for more than 5 days in a
                calendar year, the requirements of this paragraph are
                met if such person--
                            ``(i) makes a return, according to the
                        forms or regulations prescribed by the
                        Secretary, setting forth the name, address, and
                        TIN of each such cosmetologist and the amount
received from each such cosmetologist, and
                            ``(ii) furnishes to each cosmetologist
                        whose name is required to be set forth on such
                        return a written statement showing--
                                    ``(I) the name, address, and phone
                                number of the information contact of
                                the reporting person,
                                    ``(II) the amount received from
                                such cosmetologist, and
                                    ``(III) a statement informing such
                                cosmetologist that (as required by this
                                section), the reporting person has
                                advised the Internal Revenue Service
                                that the cosmetologist provided
                                cosmetology services during the
                                calendar year to which the statement
                                relates.
                    ``(B) Method and time for providing statement.--The
                written statement required by clause (ii) of
                subparagraph (A) shall be furnished (either in person
                or by first-class mail which includes adequate notice
                that the statement or information is enclosed) to the
                person on or before January 31 of the year following
                the calendar year for which the return under clause (i)
                of subparagraph (A) is to be made.
    ``(c) Taxpayer Education Requirements.--In the case of a reporting
person who is required to provide a statement pursuant to subsection
(b), the requirements of this subsection are met if such person
provides to each such cosmetologist annually a publication, as
designated by the Secretary, describing--
            ``(1) in the case of an employee, the tax and tip reporting
        obligations of employees, and
            ``(2) in the case of a cosmetologist who is not an employee
        of the reporting person, the tax obligations of independent
        contractors or proprietorships.
The publications shall be furnished either in person or by first-class
mail which includes adequate notice that the publication is enclosed.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Cosmetologist.--
                    ``(A) In general.--The term `cosmetologist' means
                an individual who provides any cosmetology service.
                    ``(B) Anti-avoidance rule.--The Secretary may by
                regulation or ruling expand the term `cosmetologist' to
                include any entity or arrangement if the Secretary
                determines that entities are being formed to circumvent
                the reporting requirements of this section.
            ``(2) Cosmetology service.--The term `cosmetology service'
        has the meaning given to such term by section 45B(c).
            ``(3) Chair.--The term `chair' includes a chair, booth, or
        other furniture or equipment from which an individual provides
        a cosmetology service (determined without regard to whether the
        cosmetologist is entitled to use a specific chair, booth, or
        other similar furniture or equipment or has an exclusive right
        to use any such chair, booth, or other similar furniture or
        equipment).
    ``(e) Exceptions for Certain Employees.--Subsection (c) shall not
apply to a reporting person with respect to an employee who is employed
in a capacity for which tipping (or sharing tips) is not customary.''
    (b) Conforming Amendments.--
            (1) Section 6724(d)(1)(B) of such Code (relating to the
        definition of information returns) is amended by redesignating
        clauses (xii) through (xviii) as clauses (xiii) through (xix),
        respectively and by inserting after clause (xi) the following
        new clause:
                            ``(xii) section 6050U(a) (relating to
                        returns by cosmetology service providers).''
            (2) Section 6724(d)(2) of such Code is amended by striking
        ``or'' at the end of subparagraph (AA), by striking the period
        at the end of subparagraph (BB) and inserting ``, or'', and by
        inserting after subparagraph (BB) the following new
        subparagraph:
                    ``(CC) subsections (b)(3)(A)(ii) and (c) of section
                6050U (relating to cosmetology service providers) even
                if the recipient is not a payee.''
            (3) The table of sections for subpart B of part III of
        subchapter A of chapter 61 of the Internal Revenue Code of 1986
        is amended by adding after section 6050T the following new
        item:

                              ``Sec. 6050U Returns relating to
                                        cosmetology services and
                                        information to be provided to
                                        cosmetologists.''
    (c) Effective Date.--The amendments made by this section shall
apply to calendar years after 2003.

Output: Cosmetology Tax Fairness and Compliance Act of 2003 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists. Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Access to Emergency
Defibrillation Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Over 220,000 Americans die each year from cardiac
        arrest. Every 2 minutes, an individual goes into cardiac arrest
        in the United States.
            (2) The chance of successfully returning to a normal heart
        rhythm diminishes by 10 percent each minute following sudden
        cardiac arrest.
            (3) Eighty percent of cardiac arrests are caused by
        ventricular fibrillation, for which defibrillation is the only
        effective treatment.
            (4) Sixty percent of all cardiac arrests occur outside the
        hospital. The average national survival rate for out-of-
        hospital cardiac arrest is only 5 percent.
            (5) Communities that have established and implemented
        public access defibrillation programs have achieved average
        survival rates for out-of-hospital cardiac arrest as high as 50
        percent.
            (6) According to the American Heart Association, wide use
        of defibrillators could save as many as 50,000 lives nationally
        each year.
            (7) Successful public access defibrillation programs ensure
        that cardiac arrest victims have access to early 911
        notification, early cardiopulmonary resuscitation, early
        defibrillation, and early advanced care.

SEC. 3. PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND PROJECTS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by Public Law 106-310, is amended by adding after
section 311 the following:

``SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS.

    ``(a) In General.--The Secretary shall award grants to States,
political subdivisions of States, Indian tribes, and tribal
organizations to develop and implement public access defibrillation
programs--
            ``(1) by training and equipping local emergency medical
        services personnel, including firefighters, police officers,
        paramedics, emergency medical technicians, and other first
        responders, to administer immediate care, including
        cardiopulmonary resuscitation and automated external
        defibrillation, to cardiac arrest victims;
            ``(2) by purchasing automated external defibrillators,
        placing the defibrillators in public places where cardiac
        arrests are likely to occur, and training personnel in such
        places to administer cardiopulmonary resuscitation and
        automated external defibrillation to cardiac arrest victims;
            ``(3) by setting procedures for proper maintenance and
        testing of such devices, according to the guidelines of the
        manufacturers of the devices;
            ``(4) by providing training to members of the public in
        cardiopulmonary resuscitation and automated external
        defibrillation;
            ``(5) by integrating the emergency medical services system
        with the public access defibrillation programs so that
        emergency medical services personnel, including dispatchers,
        are informed about the location of automated external
        defibrillators in their community; and
            ``(6) by encouraging private companies, including small
        businesses, to purchase automated external defibrillators and
        provide training for their employees to administer
        cardiopulmonary resuscitation and external automated
        defibrillation to cardiac arrest victims in their community.
    ``(b) Preference.--In awarding grants under subsection (a), the
Secretary shall give a preference to a State, political subdivision of
a State, Indian tribe, or tribal organization that--
            ``(1) has a particularly low local survival rate for
        cardiac arrests, or a particularly low local response rate for
        cardiac arrest victims; or
            ``(2) demonstrates in its application the greatest
        commitment to establishing and maintaining a public access
        defibrillation program.
    ``(c) Use of Funds.--A State, political subdivision of a State,
Indian tribe, or tribal organization that receives a grant under
subsection (a) may use funds received through such grant to--
            ``(1) purchase automated external defibrillators that have
        been approved, or cleared for marketing, by the Food and Drug
        Administration;
            ``(2) provide automated external defibrillation and basic
        life support training in automated external defibrillator usage
        through nationally recognized courses;
            ``(3) provide information to community members about the
        public access defibrillation program to be funded with the
        grant;
            ``(4) provide information to the local emergency medical
        services system regarding the placement of automated external
        defibrillators in public places;
            ``(5) produce such materials as may be necessary to
        encourage private companies, including small businesses, to
purchase automated external defibrillators; and
            ``(6) carry out other activities that the Secretary
        determines are necessary or useful to pursue the purposes of
        this section.
    ``(d) Application.--
            ``(1) In general.--To be eligible to receive a grant under
        subsection (a), a State, political subdivision of a State,
        Indian tribe, or tribal organization shall prepare and submit
        an application to the Secretary at such time, in such manner,
        and containing such information as the Secretary may reasonably
        require.
            ``(2) Contents.--An application submitted under paragraph
        (1) shall--
                    ``(A) describe the comprehensive public access
                defibrillation program to be funded with the grant and
                demonstrate how such program would make automated
                external defibrillation accessible and available to
                cardiac arrest victims in the community;
                    ``(B) contain procedures for implementing
                appropriate nationally recognized training courses in
                performing cardiopulmonary resuscitation and the use of
                automated external defibrillators;
                    ``(C) contain procedures for ensuring direct
                involvement of a licensed medical professional and
                coordination with the local emergency medical services
                system in the oversight of training and notification of
                incidents of the use of the automated external
                defibrillators;
                    ``(D) contain procedures for proper maintenance and
                testing of the automated external defibrillators,
                according to the labeling of the manufacturer;
                    ``(E) contain procedures for ensuring notification
                of local emergency medical services system personnel,
                including dispatchers, of the location and type of
                devices used in the public access defibrillation
                program; and
                    ``(F) provide for the collection of data regarding
                the effectiveness of the public access defibrillation
                program to be funded with the grant in affecting the
                out-of-hospital cardiac arrest survival rate.
    ``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2002 through 2007. Not more than 10 percent of amounts received
under a grant awarded under this section may be used for administrative
expenses.

``SEC. 313. PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS.

    ``(a) In General.--The Secretary shall award grants to political
subdivisions of States, Indian tribes, and tribal organizations to
develop and implement innovative, comprehensive, community-based public
access defibrillation demonstration projects that--
            ``(1) provide cardiopulmonary resuscitation and automated
        external defibrillation to cardiac arrest victims in unique
        settings;
            ``(2) provide training to community members in
        cardiopulmonary resuscitation and automated external
        defibrillation; and
            ``(3) maximize community access to automated external
        defibrillators.
    ``(b) Use of Funds.--A recipient of a grant under subsection (a)
shall use the funds provided through the grant to--
            ``(1) purchase automated external defibrillators that have
        been approved, or cleared for marketing, by the Food and Drug
        Administration;
            ``(2) provide basic life training in automated external
        defibrillator usage through nationally recognized courses;
            ``(3) provide information to community members about the
        public access defibrillation demonstration project to be funded
        with the grant;
            ``(4) provide information to the local emergency medical
        services system regarding the placement of automated external
        defibrillators in the unique settings; and
            ``(5) carry out other activities that the Secretary
        determines are necessary or useful to pursue the purposes of
        this section.
    ``(c) Application.--
            ``(1) In general.--To be eligible to receive a grant under
        subsection (a), a political subdivision of a State, Indian
        tribe, or tribal organization shall prepare and submit an
        application to the Secretary at such time, in such manner, and
        containing such information as the Secretary may reasonably
        require.
            ``(2) Contents.--An application submitted under paragraph
        (1) may--
                    ``(A) describe the innovative, comprehensive,
                community-based public access defibrillation
                demonstration project to be funded with the grant;
                    ``(B) explain how such public access defibrillation
                demonstration project represents innovation in
                providing public access to automated external
                defibrillation; and
                    ``(C) provide for the collection of data regarding
                the effectiveness of the demonstration project to be
                funded with the grant in--
                            ``(i) providing emergency cardiopulmonary
                        resuscitation and automated external
                        defibrillation to cardiac arrest victims in the
                        setting served by the demonstration project;
                        and
                            ``(ii) affecting the cardiac arrest
                        survival rate in the setting served by the
                        demonstration project.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2002 through 2007. Not more than 10 percent of amounts received
under a grant awarded under this section may be used for administrative
expenses.''.

``SEC. 313A. GRANTS FOR ACCESS TO DEFIBRILLATION.

    ``(a) Program Authorized.--The Secretary of Health and Human
Services shall award a grant to a health care organization to establish
a national information clearinghouse that provides information to
increase public access to defibrillation in schools.
    ``(b) Duties.--The health care organization that receives a grant
under this section shall promote public access to defibrillation in
schools by--
            ``(1) providing timely information to entities regarding
        public access defibrillation program implementation and
        development;
            ``(2) developing and providing comprehensive program
        materials to establish a public access defibrillation program
        in schools;
            ``(3) providing support to CPR and AED training programs;
            ``(4) fostering new and existing community partnerships
        with and among public and private organizations (such as local
        educational agencies, nonprofit organizations, public health
        organizations, emergency medical service providers, fire and
        police departments, and parent-teacher associations) to promote
        public access to defibrillation in schools;
            ``(5) establishing a data base to gather information in a
        central location regarding sudden cardiac arrest in the
        pediatric population and identifying or conducting further
        research into the problem; and
            ``(6) providing assistance to communities that wish to
        develop screening programs for at risk youth.
    ``(c) Application.--A health care organization desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
    ``(d) Report.--Not later than 5 years after the date on which the
health care organization receives a grant under this section, such
organization shall submit to the Secretary of Health and Human Services
a report that describes activities carried out with funds received
under this section. Not later than 3 months after the date on which
such report is received by the Secretary of Health and Human Services,
the Secretary shall prepare and submit to the appropriate committees of
Congress an evaluation that reviews such report and evaluates the
success of such clearinghouse.
    ``(e) Authorization of Appropriations.--From funds authorized to be
appropriated for fiscal years 2002 through 2006 for activities and
programs under the Department of Health and Human Services, $800,000 of
such funds may be appropriated to carry out the programs described in
this section for each of the fiscal years 2002 through 2006.''.

Output: Community Access to Emergency Defibrillation Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs by: (1) training and equipping local emergency medical services personnel to administer immediate care, including cardiopulmonary resuscitation (CPR) and automated external defibrillation (AED), to cardiac arrest victims; (2) purchasing AEDs, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer CPR and AED to such victims; (3) setting procedures for proper maintenance and testing of such devices; (4) providing training to members of the public in CPR and AED; (5) integrating the emergency medical services system with the public access defibrillation programs; and (6) encouraging private companies to purchase AEDs and provide training for their employees to administer CPR and AED to cardiac arrest victims in their community.Directs the Secretary to award grants to States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that: (1) provide CPR and AED to cardiac arrest victims in unique settings; (2) provide training to community members in CPR and AED; and (3) maximize community access to AEDs.Directs the Secretary to award a grant to a health care organization to establish a national information clearinghouse that provides information to increase public access to defibrillation in schools.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Access to Manufactured
Housing Act of 2013''.

SEC. 2. MORTGAGE ORIGINATOR DEFINITION.

    (a) Amendment to Definition.--Section 1401 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act is amended, in paragraph
(2)(C)(ii) of the matter proposed to be added to section 103 of the
Truth in Lending Act, by striking ``an employee of a retailer of
manufactured homes who is not described in clause (i) or (iii) of
subparagraph (A) and who does not advise a consumer on loan terms
(including rates, fees, and other costs)'' and inserting ``a retailer
of manufactured or modular homes or its employees unless such retailer
or its employees receive compensation or gain for engaging in
activities described in subparagraph (A) that is in excess of any
compensation or gain received in a comparable cash transaction''.
    (b) Technical Amendments.--(1) Section 1401 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act is amended, in the matter
proposed to be added to section 103 of the Truth in Lending Act, by
redesignating subsection (cc) as subsection (dd).
    (2) Section 1431(d) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended--
            (A) by striking ``subsection (cc)'' and inserting
        ``subsection (dd)''; and
            (B) in the matter proposed to be added to section 103 of
        the Truth in Lending Act by redesignating subsection (dd) as
        subsection (ee).
    (c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Dodd-Frank Wall Street
Reform and Consumer Protection Act to which they relate.

SEC. 3. HIGH-COST MORTGAGE DEFINITION.

    Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is
amended--
            (1) by redesignating subsection (aa) (relating to
        disclosure of greater amount or percentage), as so designated
        by section 1100A of Public Law 111-203, as subsection (bb);
            (2) by redesignating subsection (bb) (relating to high cost
        mortgages), as so designated by section 1100A of Public Law
        111-203, as subsection (aa), and moving such subsection to
        immediately follow subsection (z); and
            (3) in subsection (aa)(1)(A), as so redesignated--
                    (A) in clause (i)(I)--
                            (i) by striking ``(8.5 percentage points,
                        if the dwelling is personal property and the
                        transaction is for less than $50,000)''; and
                            (ii) by striking ``or'' at the end;
                    (B) in clause (i)(II), by adding ``or'' at the end;
                    (C) in clause (i), by adding at the end the
                following:
                                    ``(III) by a first mortgage on a
                                consumer's principal dwelling that is
                                considered personal property (or is a
                                consumer credit transaction that does
                                not include the purchase of real
                                property on which a dwelling is to be
                                placed), the annual percentage rate at
                                consummation of the transaction will
                                exceed the average prime offer rate, as
                                defined in section 129C(b)(2)(B), for a
                                comparable transaction, by more than--
                                            ``(aa) 8.5 percentage
                                        points, in the case of a
                                        transaction in an amount of
                                        $50,000 or more, but less than
                                        $75,000 (as such amounts are
                                        adjusted by the Bureau to
                                        reflect the change in the
                                        Consumer Price Index);
                                            ``(bb) 10.5 percentage
                                        points, in the case of a
                                        transaction in an amount of
                                        more than $30,000, but less
                                        than $50,000 (as such amounts
                                        are adjusted by the Bureau to
                                        reflect the change in the
                                        Consumer Price Index); or
                                            ``(cc) 12.5 percentage
                                        points, in the case of a
                                        transaction in an amount of
                                        $30,000 or less (as such amount
                                        is adjusted by the Bureau to
                                        reflect the change in the
                                        Consumer Price Index), or a
                                        higher percentage established
                                        by the Bureau not to exceed
                                        14.5 percentage points in such
                                        cases, if the Bureau determines
                                        that the lower rate would
                                        restrict access to credit and
                                        that raising the rate would not
                                        have a detrimental impact on
                                        consumer protection.''; and
                    (D) in clause (ii)--
                            (i) in subclause (I), by striking ``or'' at
                        the end; and
                            (ii) by adding at the end the following:
                                    ``(III) in the case of a
                                transaction for less than $75,000 (as
                                such amount is adjusted by the Bureau
                                to reflect the change in the Consumer
                                Price Index) in which the dwelling is
                                considered personal property (or is a
                                consumer credit transaction that does
                                not include the purchase of real
                                property on which a dwelling is to be
                                placed) the greater of 5 percent of the
                                total transaction amount or $3,000 (as
                                such amount is adjusted by the Bureau
                                to reflect the change in the Consumer
                                Price Index); or''.

Output: Preserving Access to Manufactured Housing Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to revise the exclusion from the meaning of "mortgage originator" of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms (including rates, fees, and other costs). Excludes from the meaning of "mortgage originator," instead, any retailer of manufactured or modular homes or its employees unless the retailer or its employees receive compensation or gain for engaging in certain activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act to revise the definition of "high cost mortgage."


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fallen Timbers Battlefield and Fort
Miamis National Historical Site Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The 185-acre Fallen Timbers Battlefield is the site of
        the 1794 battle between the United States Army, led by General
        Anthony Wayne, and the confederation of Native American tribes
        led by the great Chief Tecumseh.
            (2) British troops, led by General Henry Proctor, landed at
        Fort Miamis in the spring of 1813 and attacked the fort twice,
        without success.
            (3) Fort Miamis and the Fallen Timbers Battlefield are in
        Lucas County, Ohio, in the city of Maumee.
            (4) The 9-acre Fallen Timbers Battlefield Monument is
        listed as a National Historic Landmark.
            (5) Fort Miamis is listed in the National Register of
        Historic Places as a historic site.
            (6) In 1959, the Battle of Fallen Timbers was included in
        the National Survey of Historic Sites and Buildings as 1 of 22
        sites representing the ``Advance of the Frontier, 1763-1830''.
            (7) In 1960, the Battle of Fallen Timbers was designated as
        a National Historic Landmark.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To recognize and preserve the 185-acre Fallen Timbers
        Battlefield site.
            (2) To formalize the linkage of the Fallen Timbers
        Battlefield and Monument to Fort Miamis.
            (3) To preserve and interpret United States military
        history and Native American culture in the Northwest Territory
        during the period from 1794 through 1813.
            (4) To provide assistance to the State of Ohio, political
        subdivisions of the State, and nonprofit organizations in the
        State, in implementing a management plan that will preserve and
        interpret the historical, cultural, natural, recreational, and
        scenic resources of the historical site.
            (5) To authorize the Secretary to provide technical
        assistance to the State of Ohio, political subdivisions of the
        State, and nonprofit organizations in the State (including the
        Ohio Historical Society, the city of Maumee, the Maumee Valley
        Heritage Corridor, the city of Toledo, the Fallen Timbers
        Battlefield Preservation Commission, and the Metropark District
        of the Toledo Area) in developing the management plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Historical site.--The term ``historical site'' means
        the Fallen Timbers Battlefield and Monument and Fort Miamis
        National Historical Site established by section 4.
            (2) Management entity.--The term ``management entity''
        means--
                    (A) the Ohio Historical Society, the city of
                Maumee, the Maumee Valley Heritage Corridor, Inc., the
                city of Toledo, the Metropark District of the Toledo
                Area, and
                    (B) any other entity designated by the Governor of
                Ohio and approved by the Secretary in accordance with
                section 5, as a member of the management entity;
        acting jointly.
            (3) Management plan.--The term ``management plan'' means a
        plan for management of the historical site, that is developed
by the management entity and approved by the Secretary in accordance
with section 7.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Technical assistance.--The term ``technical
        assistance'' means any guidance, advice, or other aid, other
        than financial assistance, provided by the Secretary.

SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL
              SITE.

    (a) Establishment.--There is established in the State of Ohio the
Fallen Timbers Battlefield and Fort Miamis National Historical Site.
    (b) Components.--
            (1) In general.--The historical site is comprised of the
        following:
                    (A) The Fallen Timbers site, comprised generally of
                the following:
                            (i) The Fallen Timbers battlefield site,
                        consisting of an approximately 185-acre parcel
                        located north of U.S. 24, west of U.S. 23/I-
                        475, south of the Norfolk and Western Railroad
                        line, and east of Jerome Road.
                            (ii) The approximately 9-acre Fallen
                        Timbers battlefield monument, located south of
                        U.S. 24.
                    (B) The Fort Miamis Park site.
            (2) Map.--The management entity shall prepare a map of the
        historical site, which shall be on file and available for
public inspection in the offices of the management entity.
            (3) Consent of local property owners.--No privately owned
        property shall be included within the boundaries of the
        historical site unless the owner of the property consents to
        the inclusion.

SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY.

    Not later than 60 days after the date of the enactment of this Act,
the Governor of Ohio may designate any entity for purposes of section
3(2)(A) and transmit that designation to the Secretary. The Secretary
shall approve or disapprove any entity designated by the Governor by
not later than 60 days after the date of that transmittal.

SEC. 6. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The historical site shall remain a National
historical site unless--
            (1) the Secretary determines that--
                    (A) the use, condition, or development of the
                historical site is incompatible with the purposes of
                this Act; or
                    (B) the management entity has not made reasonable
                and appropriate progress in preparing or implementing
                the management plan for the historical site; and
            (2) after making a determination under paragraph (1), the
        Secretary submits to the Congress notification that
        establishment of the historical site should be withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination
under subsection (a)(1), the Secretary shall hold a public hearing in
the historical site.
    (c) Time of Withdrawal of Designation.--
            (1) Definition of legislative day.--In this subsection, the
        term ``legislative day'' means any calendar day on which both
        Houses of Congress are in session.
            (2) Time period.--The withdrawal of the historical site
        designation shall become final 90 legislative days after the
        Secretary submits to Congress the notification under subsection
        (a)(2).

SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS.

    (a) Approval.--
            (1) In general.--The management entity shall submit any
        proposed management plan to the Governor of the State of Ohio.
        Within 60 days after receiving the proposed management plan,
        the Governor shall transmit to the Secretary the proposed plan
        and any recommendations of the Governor regarding the proposed
        plan. Within 30 days after receiving the proposed management
        plan, the Secretary shall approve the proposed plan or return
        it to the Governor with any changes recommended by the
        Secretary.
            (2) Role of secretary.--The Secretary may not approve a
        proposed management plan unless it includes provisions which
        describe the role of the Secretary in implementing the plan.
            (3) Assistance.--The Secretary shall assist the management
        entity in the preparation of the management plan.
    (b) Ensuring Consistency of Other Federal Actions.--Any Federal
agency conducting an activity directly affecting the historical site
shall consider the potential effect of the activity on the management
plan and shall consult with the management entity with respect to the
activity to minimize the adverse effects of the activity on the
historical site.

SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) No Effect on Authority of Governments.--Nothing in this Act
modifies, enlarges, or diminishes the authority of any Federal
department or agency to regulate the use of land.
    (b) No Zoning or Land Use Powers.--Nothing in this Act--
            (1) grants any power of zoning or land use control to the
        management entity; or
            (2) modifies, enlarges, or diminishes any existing
        authority to regulate land use by any State or local government
        entity which is a member of the management entity.
    (c) No Effect on Local Authority or Private Property.--Nothing in
this Act affects or authorizes the management entity to interfere
with--
            (1) the rights of any person with respect to private
        property; or
            (2) any local zoning ordinance or land use plan of the
        State of Ohio or a political subdivision of the State.

SEC. 9. FISHING, TRAPPING, AND HUNTING.

    (a) No Diminishment of State Authority.--Establishment of the
historical site does not diminish the authority of the State of Ohio to
manage fish and wildlife, including the regulation of fishing, hunting,
and trapping in the historical site.
    (b) No Conditioning of Approval and Assistance.--Neither the
Secretary nor any other Federal agency may make a limitation on
fishing, hunting, or trapping--
            (1) a condition of the determination of eligibility for
        assistance under this Act; or
            (2) a condition for the receipt, in connection with the
        historical site, of any other form of assistance from the
        Secretary or the agency, respectively.

Output:
Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio.
Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior.
Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deter Cyber Theft Act''.

SEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN
              CYBERSPACE.

    (a) Report Required.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, and annually thereafter, the
        Director of National Intelligence shall submit to the
        appropriate congressional committees a report on foreign
        economic and industrial espionage in cyberspace during the 12-
        month period preceding the submission of the report that--
                    (A) identifies--
                            (i) foreign countries that engage in
                        economic or industrial espionage in cyberspace
                        with respect to trade secrets or proprietary
                        information owned by United States persons;
                            (ii) foreign countries identified under
                        clause (i) that the Director determines engage
                        in the most egregious economic or industrial
                        espionage in cyberspace with respect to such
                        trade secrets or proprietary information (in
                        this section referred to as ``priority foreign
                        countries'');
                            (iii) technologies or proprietary
                        information developed by United States persons
                        that--
                                    (I) are targeted for economic or
                                industrial espionage in cyberspace; and
                                    (II) to the extent practicable,
                                have been appropriated through such
                                espionage;
                            (iv) articles manufactured or otherwise
                        produced using technologies or proprietary
                        information described in clause (iii)(II);
                            (v) services provided using such
                        technologies or proprietary information; and
                            (vi) foreign entities, including entities
                        owned or controlled by the government of a
                        foreign country, that request, engage in,
                        support, facilitate, or benefit from the
                        appropriation through economic or industrial
                        espionage in cyberspace of technologies or
                        proprietary information developed by United
                        States persons;
                    (B) describes the economic or industrial espionage
                engaged in by the foreign countries identified under
                clauses (i) and (ii) of subparagraph (A); and
                    (C) describes--
                            (i) actions taken by the Director and other
                        Federal agencies to decrease the prevalence of
                        economic or industrial espionage in cyberspace;
                        and
                            (ii) the progress made in decreasing the
                        prevalence of such espionage.
            (2) Determination of foreign countries engaging in economic
        or industrial espionage in cyberspace.--For purposes of clauses
        (i) and (ii) of paragraph (1)(A), the Director shall identify a
        foreign country as a foreign country that engages in economic
        or industrial espionage in cyberspace with respect to trade
        secrets or proprietary information owned by United States
        persons if the government of the foreign country--
                    (A) engages in economic or industrial espionage in
                cyberspace with respect to trade secrets or proprietary
                information owned by United States persons; or
                    (B) facilitates, supports, fails to prosecute, or
                otherwise permits such espionage by--
                            (i) individuals who are citizens or
                        residents of the foreign country; or
                            (ii) entities that are organized under the
                        laws of the foreign country or are otherwise
                        subject to the jurisdiction of the government
                        of the foreign country.
            (3) Prioritization of collection and analysis of
        information.--The President shall direct the Director to make
        it a priority for the intelligence community to collect and
        analyze information in order to identify articles described in
        clause (iv) of paragraph (1)(A), services described in clause
        (v) of that paragraph, and entities described in clause (vi) of
        that paragraph.
            (4) Form of report.--Each report required by paragraph (1)
        shall be submitted in unclassified form but may contain a
        classified annex.
    (b) Action by President.--
            (1) In general.--Not later than 120 days after each report
        required by subsection (a)(1) is submitted, the President shall
        direct U.S. Customs and Border Protection to exclude from entry
        into the United States an article described in paragraph (2) if
        the President determines the exclusion of the article is
        warranted--
                    (A) for the enforcement of intellectual property
                rights; or
                    (B) to protect the integrity of the Department of
                Defense supply chain.
            (2) Article described.--An article described in this
        paragraph is an article--
                    (A) identified under subsection (a)(1)(A)(iv);
                    (B) produced or exported by an entity that--
                            (i) is owned or controlled by the
                        government of a priority foreign country; and
                            (ii) produces or exports articles that are
                        the same as or similar to articles manufactured
                        or otherwise produced using technologies or
                        proprietary information identified under
                        subsection (a)(1)(A)(iii); or
                    (C) produced or exported by an entity identified
                under subsection (a)(1)(A)(vi).
    (c) Consistency With International Agreements.--This section shall
be applied in a manner that is consistent with the obligations of the
United States under international agreements.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee
                on Homeland Security and Governmental Affairs, the
                Committee on Finance, the Committee on Foreign
                Relations, and the Select Committee on Intelligence of
                the Senate; and
                    (B) the Committee on Armed Services, the Committee
                on Homeland Security, the Committee on Foreign Affairs,
                the Committee on Ways and Means, and the Permanent
                Select Committee on Intelligence of the House of
                Representatives.
            (2) Cyberspace.--The term ``cyberspace''--
                    (A) means the interdependent network of information
                technology infrastructures; and
                    (B) includes the Internet, telecommunications
                networks, computer systems, and embedded processors and
                controllers.
            (3) Economic or industrial espionage.--The term ``economic
        or industrial espionage'' means--
                    (A) stealing a trade secret or proprietary
                information or appropriating, taking, carrying away, or
                concealing, or by fraud, artifice, or deception
                obtaining, a trade secret or proprietary information
                without the authorization of the owner of the trade
                secret or proprietary information;
                    (B) copying, duplicating, downloading, uploading,
                destroying, transmitting, delivering, sending,
                communicating, or conveying a trade secret or
                proprietary information without the authorization of
                the owner of the trade secret or proprietary
                information; or
                    (C) knowingly receiving, buying, or possessing a
                trade secret or proprietary information that has been
                stolen or appropriated, obtained, or converted without
                the authorization of the owner of the trade secret or
                proprietary information.
            (4) Intelligence community.--The term ``intelligence
        community'' has the meaning given that term in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (5) Own.--The term ``own'', with respect to a trade secret
        or proprietary information, means to hold rightful legal or
        equitable title to, or license in, the trade secret or
        proprietary information.
            (6) Person.--The term ``person'' means an individual or
        entity.
            (7) Proprietary information.--The term ``proprietary
        information'' means competitive bid preparations, negotiating
        strategies, executive emails, internal financial data,
        strategic business plans, technical designs, manufacturing
        processes, source code, data derived from research and
        development investments, and other commercially valuable
        information that a person has developed or obtained if--
                    (A) the person has taken reasonable measures to
                keep the information confidential; and
                    (B) the information is not generally known or
                readily ascertainable through proper means by the
                public.
            (8) Technology.--The term ``technology'' has the meaning
        given that term in section 16 of the Export Administration Act
        of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the
        International Emergency Economic Powers Act (50 U.S.C. 1701 et
        seq.)).
            (9) Trade secret.--The term ``trade secret'' has the
        meaning given that term in section 1839 of title 18, United
        States Code.
            (10) United states person.--The term ``United States
        person'' means--
                    (A) an individual who is a citizen of the United
                States or an alien lawfully admitted for permanent
                residence to the United States; or
                    (B) an entity organized under the laws of the
                United States or any jurisdiction within the United
                States.

Output: Deter Cyber Theft Act - Requires the Director of National Intelligence (DNI) to annually report to specified congressional committees on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to identify countries that engage in such espionage as well as countries that engage in the most egregious forms of such espionage. Directs the President to exclude from entry into the United States any article produced or exported by an entity identified within any such report, as long as the President determines that such exclusion is warranted for the enforcement of intellectual property rights or to protect the integrity of the Department of Defense (DOD) supply chain.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Office of Surgeon General Sunset
Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary for Health of the Department of
        Health and Human Services.
            (2) Federal agency.--The term ``Federal agency'' has the
        meaning given to the term ``agency'' by section 551(1) of title
        5, United States Code.
            (3) Function.--The term ``function'' means any duty,
        obligation, power, authority, responsibility, right, privilege,
        activity, or program.
            (4) Office.--The term ``office'' includes any office,
        administration, agency, institute, unit, organizational entity,
        or component thereof.
            (5) Office of the assistant secretary.--The term ``Office
        of the Assistant Secretary'' means the Office of the Assistant
        Secretary for Health of the Department of Health and Human
        Services.

SEC. 3. TERMINATION AND TRANSFER OF FUNCTIONS.

    (a) Termination.--The Office of the Surgeon General of the Public
Health Service and the position of such Surgeon General are terminated.
    (b) Transfer of Functions.--There are transferred to Office of the
Assistance Secretary for Health all functions which the Surgeon General
exercised before the date of the enactment of this Act (including all
related functions of any officer or employee of the Office of the
Surgeon General).

SEC. 4. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT
              AND BUDGET.

    If necessary, the Office of Management and Budget shall make any
determination of the functions that are transferred under section 3.

SEC. 5. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise
provided by this Act, the Assistant Secretary may delegate any of the
functions transferred to the Assistant Secretary by this Act and any
function transferred or granted to such Assistant Secretary after the
effective date of this Act to such officers and employees of the Office
of the Assistant Secretary as the Assistant Secretary may designate,
and may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions by the Assistant
Secretary under this section or under any other provision of this Act
shall relieve such Assistant Secretary of responsibility for the
administration of such functions.

SEC. 6. REORGANIZATION.

    The Assistant Secretary is authorized to allocate or reallocate any
function transferred under section 3 among the officers of the Office
of the Assistant Secretary, and to establish, consolidate, alter, or
discontinue such organizational entities in the Office of the Assistant
Secretary as may be necessary or appropriate.

SEC. 7. RULES.

    The Assistant Secretary is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United States Code,
such rules and regulations as the Assistant Secretary determines
necessary or appropriate to administer and manage the functions of the
Office of the Assistant Secretary.

SEC. 8. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    Except as otherwise provided in this Act, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by this Act, subject to section 1531 of title 31, United
States Code, shall be transferred to Office of the Assistant Secretary.
Unexpended funds transferred pursuant to this section shall be used
only for the purposes for which the funds were originally authorized
and appropriated.

SEC. 9. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and
Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the functions transferred by this Act, and to make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions, as may be necessary to carry out the provisions of
this Act.
    (b) Termination of Affairs.--The Director of the Office of
Management and Budget shall provide for the termination of the affairs
of all entities terminated by this Act and for such further measures
and dispositions as may be necessary to effectuate the purposes of this
Act.

SEC. 10. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this Act, the
transfer pursuant to this Act of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for one year after the date of transfer of
such employee under this Act.
    (b) Executive Schedule Positions.--Except as otherwise provided in
this Act, any person who, on the day preceding the effective date of
this Act, held a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the Office of the
Assistant Secretary to a position having duties comparable to the
duties performed immediately preceding such appointment shall continue
to be compensated in such new position at not less than the rate
provided for such previous position, for the duration of the service of
such person in such new position.
    (c) Termination of Certain Positions.--Positions whose incumbents
are appointed by the President, by and with the advice and consent of
the Senate, the functions of which are transferred by this Act, shall
terminate on the effective date of this Act.

SEC. 11. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
            (1) which have been issued, made, granted, or allowed to
        become effective by the President, any Federal agency or
        official thereof, or by a court of competent jurisdiction, in
        the performance of functions which are transferred under this
        Act, and
            (2) which are in effect at the time this Act takes effect,
        or were final before the effective date of this Act and are to
        become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Assistant Secretary or other authorized official, a
court of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this Act shall not
affect any proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or financial
assistance pending before the Office of the Surgeon General at the time
this Act takes effect, with respect to functions transferred by this
Act but such proceedings and applications shall be continued. Orders
shall be issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if this Act had
not been enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act had not
been enacted.
    (c) Suits Not Affected.--The provisions of this Act shall not
affect suits commenced before the effective date of this Act, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Office of the Surgeon General, or by or
against any individual in the official capacity of such individual as
an officer of the Office of the Surgeon General, shall abate by reason
of the enactment of this Act.
    (e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Office of the Surgeon General
relating to a function transferred under this Act may be continued by
the Office of the Assistant Secretary with the same effect as if this
Act had not been enacted.

SEC. 12. SEPARABILITY.

    If a provision of this Act or its application to any person or
circumstance is held invalid, neither the remainder of this Act nor the
application of the provision to other persons or circumstances shall be
affected.

SEC. 13. TRANSITION.

    The Assistant Secretary is authorized to utilize--
            (1) the services of such officers, employees, and other
        personnel of the Office of the Surgeon General with respect to
        functions transferred to the Office of the Assistant Secretary
        by this Act; and
            (2) funds appropriated to such functions for such period of
        time as may reasonably be needed to facilitate the orderly
        implementation of this Act.

SEC. 14. REFERENCES.

    Reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or relating
to--
            (1) the Surgeon General with regard to functions
        transferred under section 3, shall be deemed to refer to the
        Assistant Secretary for Health of the Department of Health and
        Human Services; and
            (2) the Office of the Surgeon General with regard to
        functions transferred under section 3, shall be deemed to refer
        to the Office of the Assistant Secretary for Health of the
        Department of Health and Human Services.

SEC. 15. SAVINGS.

    Any amounts appropriated for the Office of the Surgeon General for
fiscal year 1998 and remaining available on the date of enactment of
this Act shall be transferred to the Secretary of Health and Human
Services and utilized to carry out child immunization programs.

SEC. 16. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Recommended Legislation.--After consultation with the
appropriate committees of the Congress and the Director of the Office
of Management and Budget, the Assistant Secretary shall prepare and
submit to the Congress a legislative proposal in the form of an
implementing bill containing technical and conforming amendments to
reflect the changes made by this Act.
    (b) Submission to the Congress.--Not later than 6 months after the
effective date of this Act, the Assistant Secretary shall submit the
implementing bill referred to under subsection (a).
    (c) Repeals.--Sections 204 and 205 of the Public Health Service Act
(42 U.S.C. 205 and 206) are repealed.
    (d) Additional Conforming Amendments.--
            (1) Section 202 of the Public Health Service Act (42 U.S.C.
        203) is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2), (3), and (4)
                as paragraphs (1), (2), and (3), respectively.
            (2) Section 206(a) of the Public Health Service Act (42
        U.S.C. 207(a)) is amended--
                    (A) in the first sentence by striking ``The Surgeon
                General'' and all that follows through ``the Chief
                Medical Officer'' and inserting ``The Chief Medical
                Officer''; and
                    (B) by striking the second sentence.

SEC. 17. EFFECTIVE DATE.

    This Act shall be become effective on the date on which the
individual who is serving as the Surgeon General on the date of
enactment of this Act resigns or is terminated or the date on which the
term of service of such individual as Surgeon General expires,
whichever occurs first.

Output: Office of Surgeon General Sunset Act - Terminates the Office and position of the Surgeon General of the Public Health Service, transferring the Office's functions to the Assistant Secretary for Health of the Department of Health and Human Services.  Requires that the Office of Management and Budget make determinations of the functions transferred.  Provides for related delegation, reorganization, rules and regulations, transfer and allocations of appropriations and personnel, other transfers, the effect on personnel, and the effect on legal documents, proceedings, and administrative actions.