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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Consumers' Assurance in
Moving Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are approximately 1,500,000 interstate household
        moves every year and, while the vast majority of these
        interstate moves are completed successfully, consumer
        complaints have been increasing since the Interstate Commerce
        Commission was abolished in 1996 and oversight of the household
        goods industry was transferred to the Department of
        Transportation.
            (2) While the overwhelming majority of household goods
        carriers are honest and operate within the law, there appears
        to be a growing criminal element that is exploiting a perceived
        void in Federal and State enforcement efforts and who prey upon
        consumers.
            (3) The movement of an individual's household goods is
        unique from the movement of a commercial shipment. A consumer
        may utilize a moving company once or twice in his or her
        lifetime and entrust virtually all of his or her worldly goods
        to a mover.
            (4) Current Federal regulations allow for a household goods
        carrier found to be in violation of Federal law to be subject
        to civil penalties but provide no remedy for consumers who have
        been harmed by fraudulent or deceptive trade practices of a
        household goods mover.
            (5) Various courts have interpreted the ``Carmack''
        amendment, related to a carrier's liability in loss and damage
        claims, to preclude States from pursuing any actions against
        interstate household goods carriers, including the application
        of consumer protection laws against fraudulent movers.
            (6) Federal resources are inadequate to properly police or
        deter, on a nationwide basis, those movers who willfully
        violate Federal regulations governing the household goods
        industry and knowingly prey on consumers who are in a
        vulnerable position. It is appropriate that a Federal-State
        partnership be created to enhance enforcement tools against
        fraudulent moving companies.
            (7) The Department of Transportation should provide greater
        information to consumers and review current consumer protection
        regulations, including insurance and loss and damage remedies
        relating to individual household goods moves, in order to
        recommend modifications to current Federal law and regulations
        relating to rights and liabilities of both consumers and
        household goods carriers.

SEC. 3. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD
              GOODS.

    (a) Nonpreemption of Intrastate Transportation of Household
Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is
amended by inserting ``intrastate'' before ``transportation''.
    (b) Enforcement of Consumer Protection With Respect to Interstate
Household Goods Carriers.--Chapter 145 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 14506. Enforcement of consumer protection with respect to
              interstate household goods carriers
    ``(a) In General.--Notwithstanding any other provision of this
title, an individual or a State or political subdivision of a State may
enforce a consumer protection law, regulation, or other provision
(having the force of law) of such State or political subdivision with
respect to the interstate transportation of household goods as defined
in section 13102(a)(10)(A).
    ``(b) Prior Notification.--Before taking any action to enforce a
consumer protection law, regulation, or other provision of a State
relating to interstate transportation of household goods as defined in
section 13102(a)(10)(A) with respect to a motor carrier providing such
transportation, the State or a political subdivision of a State shall
notify, in writing, the Secretary of Transportation of its intention to
enforce such law, regulation, or other provision with respect to such
carrier; except that, if it is not feasible for the State or political
subdivision to provide the prior notification, the State or political
subdivision shall provide the notification, in writing, immediately
upon instituting such action.
    ``(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed as authorizing a State or political
subdivision of a State to bring an enforcement action under a consumer
protection law, regulation, or other provision of the State relating to
interstate transportation of household goods as defined in section
13102(a)(10)(A) with respect to an activity that is inconsistent with
Federal laws and regulations relating to interstate transportation of
household goods.''.
    (c) Conforming Amendment.--The analysis for chapter 145 of such
title is amended by adding at the end the following:

``14506. Enforcement of consumer protection with respect to interstate
                            household goods carriers.''.

SEC. 4. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO
              ENHANCE FEDERAL-STATE RELATIONS.

    (a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall establish a working
group of State attorneys general, State consumer protection
administrators, and Federal and local law enforcement officials for the
purpose of developing practices and procedures to enhance the Federal-
State partnership in enforcement efforts, exchange of information, and
coordination of enforcement efforts with respect to interstate
transportation of household goods and making legislative and regulatory
recommendations to the Secretary concerning such enforcement efforts.
    (b) Consultation.--In carrying out subsection (a), the working
group shall consult with industries involved in the transportation of
household goods.

SEC. 5. CIVIL AND CRIMINAL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE.

    (a) In General.--Chapter 149 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 14915. Holding household goods hostage
    ``(a) Holding Household Goods Hostage Defined.--For purposes of
this section, the term `holding household goods hostage' means the
knowing and willful failure to deliver to, or unload at, the
destination of a shipment of household goods which is subject to
jurisdiction under subchapter I or III of chapter 135, for which
charges have been estimated by the motor carrier providing
transportation of such goods, and for which the maximum amount required
to be paid at the time of delivery under regulations issued by the
Secretary is 110 percent of such estimated charges.
    ``(b) Civil Penalty.--Whoever is found holding a household goods
shipment hostage is liable to the United States for a civil penalty of
not less than $10,000. If such person is a carrier or broker, the
Secretary of Transportation may suspend for a period of not less than 6
months the registration of such carrier or broker under chapter 139.
    ``(c) Criminal Penalty.--Whoever has been convicted of holding
household goods hostage shall be fined under title 18 or imprisoned not
more than 2 years, or both.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:

``14915. Holding household goods hostage.''.

SEC. 6. CONSUMER HANDBOOK ON DOT WEB SITE.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall take such action as may be necessary
to ensure that publication OCE 100 of the Department of Transportation,
entitled ``Your Rights and Responsibilities When You Move'', is
prominently displayed, and available in language that is readily
understandable by the general public, on the Web site of the Department
of Transportation.

SEC. 7. DISPLAY OF INFORMATION ON HOUSEHOLD GOODS TRANSPORTATION
              RELATED WEB SITES.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall modify the regulations contained in
part 375 of title 49, Code of Federal Regulations, to require a motor
carrier or broker that is subject to such regulations and that
establishes and maintains a Web site to prominently display on the Web
site--
            (1) the Department of Transportation number of the motor
        carrier or broker;
            (2) the OCE 100 publication referred to in section 6; and
            (3) in the case of a broker, a list of all motor carriers
        providing transportation of household goods used by the broker
        and a statement that the broker is not a motor carrier
        providing transportation of household goods.

SEC. 8. CONSUMER COMPLAINT DATA BASE.

    (a) Establishment of System.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation shall--
            (1) establish a system for filing and logging consumer
        complaints relating to motor carriers providing transportation
        of household goods and for compiling complaint information
        gathered by the States with regard to such carriers, a database
        of the complaints, and a procedure for the public to have
        access to the database and for carriers to challenge
        information in the database; and
            (2) issue regulations requiring motor carriers of household
        goods to submit on a semi-annual basis reports summarizing--
                    (A) the number and general category of complaints
                lodged by consumers;
                    (B) the number of claims filed for loss and damage,
                including the aggregate amount of claims; and
                    (C) the number of claims resolved during the
                reporting period and the aggregate amount of claims
                paid by the carrier.
    (b) Use of Information.--In determining which motor carriers
providing transportation of household goods should be subject to a
commercial investigation, the Secretary of Transportation shall
consider information in the data base established under subsection (a).

SEC. 9. INSURANCE REGULATIONS.

    (a) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall undertake a review of
the current Federal regulations regarding insurance coverage provided
by motor carriers providing transportation of household goods and
revise such regulations in order to provide enhanced protection for
shippers in the case of loss or damage as determined necessary.
    (b) Determinations.--The review shall include, but not be limited
to, a determination of--
            (1) whether the current regulations provide adequate
        protection for shippers;
            (2) whether an individual shipper should purchase insurance
        as opposed to the carrier; and
            (3) whether there are abuses of the current regulations
        that leave the shipper unprotected in loss and damage claims.

SEC. 10. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS.

    Section 14901(d) of title 49, United States Code, is amended--
            (1) by striking ``If a carrier'' and inserting the
        following:
            ``(1) In general.--If a carrier''; and
            (2) by adding at the end the following:
            ``(2) Estimate of broker without carrier agreement.--If a
        broker for transportation of household goods subject to
        jurisdiction under subchapter I of chapter 135 makes an
        estimate of the cost of transporting any such goods before
        entering into an agreement with a carrier to provide
        transportation of household goods subject to such jurisdiction,
        the broker is liable to the United States for a civil penalty
        of not less than $10,000 for each violation.
            ``(3) Unauthorized transportation.--If a person provides
        transportation of household goods subject to jurisdiction under
        subchapter I of chapter 135 or provides broker services for
        such transportation without being registered under chapter 139
        to provide such transportation or services as a motor carrier
        or broker, as the case may be, such person is liable to the
        United States for a civil penalty of not less than $25,000 for
        each violation.''.

SEC. 11. PROGRESS REPORT.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall transmit to Congress a report on the
progress being made in implementing this Act.

Output: Securing Consumers' Assurance in Moving Act of 2003 - Amends Federal transportation law to provide that Federal regulations covering the transportation of household goods by motor private carriers shall not preempt State regulation of intrastate transportation of household goods by such carriers.Authorizes an individual or a State or local government to enforce a consumer protection law, regulation, or other provision with respect to the interstate transportation of household goods by a motor private carrier.Establishes a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials to develop practices and procedures to enhance the Federal-State partnership in enforcement efforts with respect to interstate transportation of household goods by motor private carriers.Sets forth both civil and criminal penalties for persons found holding a household goods shipment hostage (failure to deliver to, or unload at, the destination of a shipment of household goods).Requires: (1) publication OCE 100 of the Department of Transportation (DOT), entitled "Your Rights and Responsibilities When You Move" be prominently displayed on the DOT Web site; and (2) motor carriers or brokers that maintain a web site to display certain household goods information.Establishes a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods.Requires the Secretary to review current Federal regulations regarding insurance coverage provided by a motor carrier providing transportation of household goods and to revise such regulations in order to enhance protection for shippers in the case of loss or damage.Provides civil penalties for a broker for transportation of household goods (or a person that provides transportation of household goods) that: (1) makes an estimate of transportation costs of such goods before entering into a carrier agreement; or (2) provides services for such transportation without being registered.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers Educational
Opportunity Act of 1999''.

SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF
              ACTIVE-DUTY SERVICE.

    (a) In General.--Chapter 30 of title 38, United States Code, is
amended by adding at the end the following new subchapter:

            ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE

``Sec. 3041. Enhanced educational assistance entitlement
    ``(a) Entitlement.--An eligible individual is entitled to enhanced
educational assistance under this subchapter.
    ``(b) Eligible Individual Defined.--For purposes of this
subchapter, the term `eligible individual' means an individual who
meets the service requirement described in subsection (c), who meets
the education completion requirements described in subsection (d), and
whose status after completion of such service is described in section
3011(a)(3) of this title. Such term does not include an individual
described in paragraph (1) or (2) of section 3011(c) of this title.
    ``(c) Service Requirement.--(1) The service requirement referred to
in subsection (b) is as follows:
            ``(A) After September 30, 1999, the individual--
                    ``(i) first enters on active duty;
                    ``(ii) reenlists or extends an enlistment on active
                duty as a member of the Armed Forces; or
                    ``(iii) in the case of an officer, continues to
                serve on active duty after that date.
            ``(B) From the date of such entry, reenlistment, extension,
        or continuation, as the case may be, the individual--
                    ``(i) serves a continuous period of active duty of
                at least four years in the Armed Forces; or
                    ``(ii) serves on active duty in the Armed Forces
                and is discharged or released from active duty--
                            ``(I) as provided in subclause (I) of
                        section 3011(a)(1)(A)(ii) of this title;
                            ``(II) for the convenience of the
                        Government, after having completed not less
                        that 42 months of continuous active duty; or
                            ``(III) as provided in subclause (III) of
                        section 3011(a)(1)(A)(ii) of this title.
    ``(2) In determining service under paragraph (1), the following
rules apply:
            ``(A) Any period of service described in paragraph (2) or
        (3) of section 3011(d) of this title that applies to an
        eligible individual under this section shall not be considered
        a part of the individual's period of active duty.
            ``(B) A member described in paragraph (2) of section
        3011(f) of this title who serves the periods of active duty
        referred to in such paragraph shall be deemed to have served a
        continuous period of active duty the length of which is the
        aggregate length of the periods of active duty referred to in
        such paragraph.
            ``(C) Subsections (g) and (h) of section 3011 of this title
        apply with respect to an eligible individual under this section
        in the same manner as they apply to an individual under section
        3011 of this title.
    ``(d) Education Completion Requirements.--The education completion
requirement referred to in subsection (b) is that the individual shall
have completed the requirements of a secondary school diploma (or
equivalency certificate) by not later than the original ending date of
the individual's period of active duty described in subsection (c)(1)
regardless of whether the individual is discharged or released from
active duty on such date. An individual may meet the requirement of
this subsection by having been granted credit for the equivalent of 12
semester hours in a program of education leading to a standard college
degree before the end of the individual's period of active duty
described in subsection (c)(1).
    ``(e) Election of Basic Educational Assistance.--(1) An eligible
individual entitled to enhanced educational assistance under this
subchapter may elect (in a form and manner prescribed by the Secretary)
to receive basic educational assistance under subchapter II in lieu of
such enhanced educational assistance for an enrollment period. Such an
election shall be made by not later than 30 days before the beginning
of the enrollment period.
    ``(2) An eligible individual may revoke an election made pursuant
to paragraph (1), but in no case may such revocation be made later than
30 days before the beginning of the enrollment period.
``Sec. 3042. Duration of enhanced educational assistance
    ``(a) In General.--Subject to section 3695 of this title and except
provided in subsection (b), each individual entitled to enhanced
educational assistance under section 3041 of this title is entitled to
a monthly enhanced educational assistance allowance under this
subchapter for a period or periods not to exceed a total of 36 months
(or the equivalent thereof in part-time enhanced educational
assistance).
    ``(b) Special Rule for Certain Early Separations.--Subject to
section 3695 of this title, in the case of an individual described in
subclause (I) or (III) of section 3041(c)(1)(B)(ii) who does not serve
a continuous period of active duty of at least four years in the Armed
Forces (as described in section 3041(c)(1)(B)(i) of this title), the
individual is entitled to one month of enhanced educational assistance
benefits under this subchapter (not to exceed a total of 36 months (or
the equivalent thereof in part-time enhanced educational assistance))
for each month of continuous active duty served by the individual
beginning with the date on which the entry on active duty,
reenlistment, enlistment extension, or continuation applicable to that
individual under section 3041(c)(1)(A) of this title begins.
``Sec. 3043. Payment of educational expenses
    ``(a) In General.--(1) Subject to paragraph (2), the Secretary
shall pay to the educational institution providing a course under an
approved program of education to an eligible individual under this
subchapter who is enrolled in the course an amount equal to 90 percent
of the actual cost of tuition and fees otherwise payable by the
individual.
    ``(2) Such cost may not exceed the amount charged to similarly
circumstanced nonveterans.
    ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall
pay to each eligible individual under this subchapter who is pursuing
an approved program of education--
            ``(1) a stipend as provided in section 3044 of this title;
        and
            ``(2) in accordance with regulations prescribed by the
        Secretary, a sum equal to the reasonable cost of books and
        supplies determined to be required by similarly circumstanced
        nonveterans.
    ``(c) Inclusion in Income for Eligibility Determinations for
Federal Educational Loans.--For purposes of determining untaxed income
and benefits for eligibility for student assistance under the
provisions of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), amounts payable with respect to an eligible individual
under subsections (a) and (b)(2) shall not be considered veterans
education benefits for purposes of section 480(vv) of such Act (20
U.S.C. 1087(vv)).
``Sec. 3044. Amount of stipend
    ``(a) In General.--Except as provided in section 3042 of this
title, the stipend under this subchapter shall be paid at a monthly
rate (as that rate may be increased pursuant to subsection (b)) as
follows:
            ``(1) At the monthly rate of $600 for an approved program
        of education pursued on a full-time basis.
            ``(2) At the monthly rate of $450 for an approved program
        of education pursued on a three-quarter-time basis.
            ``(3) At the monthly rate of $300 for an approved program
        of education pursued on a half-time basis.
            ``(4) At the monthly rate of $150 for an approved program
        of education pursued on less than a half-time basis.
    ``(b) Adjustment for Inflation.--With respect to any fiscal year
beginning after fiscal year 2000, the Secretary shall increase the rate
paid under subsection (a)(1) for the previous fiscal year by the
percentage applicable under section 3015(g) of this title.
``Sec. 3045. Tutorial assistance
    ``An individual entitled to an enhanced educational assistance
allowance under this subchapter shall be entitled to benefits provided
an individual under section 3019 of this title, subject to the
conditions provided in such section.''.
    (b) Conforming Amendments.--(1) Section 3002 of such title is
amended by inserting at the end the following new paragraph:
    ``(9) The term `enhanced educational assistance' means educational
assistance provided under subchapter V.''.
    (2) Section 3011 of such title is amended in subsections (f)(1) and
(g) by striking ``chapter'' each place it appears and inserting
``subchapter''.
    (3) Section 3018 of such title is amended by striking ``educational
assistance under this chapter'' each place it appears and inserting
``educational assistance under this subchapter''.
    (4) Section 3018A(a) of such title is amended by striking
``education assistance under this chapter'' and inserting ``educational
assistance under this subchapter''.
    (5) Section 3018B of such title is amended by striking ``education
assistance under this chapter'' each place it appears and inserting
``educational assistance under this subchapter''.
    (6) Section 3018C of such title is amended--
            (A) in subsection (a), by striking ``educational assistance
        under this chapter'' and inserting ``educational assistance
        under this subchapter''; and
            (B) in subsection (b), by striking ``education assistance
        under this chapter'' and inserting ``educational assistance
        under this subchapter''.
    (7) Section 3019 of such title is amended by striking out
``chapter'' each place it appears and inserting in lieu thereof
``subchapter''.
    (8) Section 3031 of such title is amended--
            (A) in subsection (f), by inserting ``or 3042 of this
        title'' after ``section 3013'' each place it appears; and
            (B) in subsection (g), by inserting ``or
        3031(c)(1)(B)(ii)(III)'' after ``section
        3011(a)(1)(A)(ii)(III)''.
    (9) Section 3032(e)(3) of such title is amended by inserting ``, or
section 3044(a)(1)'' after ``section 3015''.
    (c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new items:

            ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE

``3041. Enhanced educational assistance entitlement.
``3042. Duration of enhanced educational assistance.
``3043. Payment of educational expenses.
``3044. Amount of stipend.
``3045. Tutorial assistance.''.

SEC. 3. REPEALS OF PAY REDUCTION AND ELECTION OF BENEFITS.

    (a) Repeals.--
            (1) Active duty program.--(A) Section 3011 of title 38,
        United States Code, is amended--
                    (i) by striking subsection (b); and
                    (ii) in subsection (c), by striking out paragraph
                (1) and redesignating paragraphs (2) and (3) as
                paragraphs (1) and (2), respectively.
            (B) Section 3012 of such title is amended--
                    (i) by striking subsection (c); and
                    (ii) in subsection (d), by striking out paragraph
                (1) and redesignating paragraphs (2) and (3) as
                paragraphs (1) and (2), respectively.
            (2) Opportunities to withdraw election not to enroll.--(A)
        Section 3016(a)(1) of such title is amended by striking ``, and
        does not make an election under section 3011(c)(1) or section
        3012(d)(1)''.
            (B) Sections 3018A, 3018B, and 3018C of such title are each
        amended by adding at the end the following new subsection:
    ``(e) Notwithstanding subsection (b), no reduction in the pay of an
individual under this section shall be made for months beginning after
September 30, 1999. Any obligation of such individual under subsection
(b), as of September 30, 1999, shall be deemed to be fully satisfied as
of such date.''.
            (3) Termination of reductions in progress.--Any reduction
        in the basic pay of an individual referred to in subsection (b)
        of section 3011 of title 38, United States Code, by reason of
        such subsection, or of any individual referred to in subsection
        (c) of section 3012 of such title by reason of such subsection,
        shall cease commencing with months beginning after September
        30, 1999, and any obligation of such individual under such
        subsections, as the case may be, as of September 30, 1999,
        shall be deemed to be fully satisfied as of such date.
    (b) Education Outreach Services to Members of the Armed Forces.--
Section 3034(e)(1) of title 38, United States Code, is amended to read
as follows:
    ``(e)(1) Not later than one year after an individual initially
enters on active duty as a member of the Armed Forces, and at such
additional times as the Secretary determines appropriate, the Secretary
shall furnish the individual the information described in paragraph
(2).''.
    (c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999, and apply to individuals whose initial
obligated period of active duty under section 3011 or 3012 of title 38,
United States Code, as the case may be, begins on or after such date.

Output:
Servicemembers Educational Opportunity Act of 1999 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 1999:  (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force.  Requires each such member to also have completed the requirements of a secondary school diploma or its equivalent by no later than the original ending date before such extension of duty.  Limits to 36 months the period for such enhanced assistance, with a special rule for certain early separations. Requires the payment of educational expenses under such program, including 90 percent of the costs of tuition and fees, and reasonable costs of books, and other supplies.  Requires such amounts to be considered income for purposes of eligibility for Federal educational loans or grants under the Higher Education Act of 1965. Provides:  (1) a monthly stipend for approved programs of education, with different rates for programs pursued on a full-time, three quarter-time, or half-time basis; and (2) tutorial assistance.
(Sec. 3) Repeals, with respect to such assistance:  (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; and (2) a provision authorizing individuals to elect not to receive such assistance.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bipartisan Panel to Design Long-
Range Social Security Reform Act of 1998''.

SEC. 2. ESTABLISHMENT OF PANEL.

    There is established a panel to be known as the Bipartisan Panel to
Design Long-Range Social Security Reform (in this Act referred to as
the ``Panel'').

SEC. 3. DUTIES OF PANEL.

      The Panel shall design a single set of legislative and
administrative recommendations for long-range reforms for restoring the
solvency of the social security system and maintaining retirement
income security in the United States.

SEC. 4. MEMBERSHIP OF THE PANEL.

    (a) Number and Appointment.--The Panel shall be composed of eight
members, of whom--
            (1) two shall be appointed by the President,
            (2) four shall be appointed jointly by the Speaker of the
        House of Representatives, the Minority Leader of the House of
        Representatives, the Majority Leader of the Senate, and the
        Minority Leader of the Senate,
            (3) one shall be appointed jointly by the Chairman of the
        Committee on Ways and Means of the House of Representatives and
        the Chairman of the Committee on Finance of the Senate, and
            (4) one shall be appointed jointly by the Ranking Minority
        Member of the Committee on Ways and Means of the House of
        Representatives and the Ranking Minority Member of the
        Committee on Finance of the Senate.
The members of the Panel shall consist of individuals who are of
recognized standing and distinction, who can represent the multiple
generations who have a stake in the viability of the system, and who
possess the demonstrated capacity to discharge the duties imposed on
the Panel. At least one of the members shall be appointed from
individuals representing the interests of employees, and at least one
of the members shall be appointed from individuals representing the
interests of employers.
    (b) Co-Chairs.--The officials referred to in paragraphs (1) through
(4) of subsection (a) shall designate two of the members of the Panel
to serve as Co-Chairs of the Panel, who shall jointly chair the Panel,
determine its duties, and supervise its staff.
    (c) Terms of Appointment.--The members of the Panel shall serve for
the life of the Panel.
    (d) Vacancies.--A vacancy in the Panel shall not affect the power
of the remaining members to execute the duties of the Panel, but any
such vacancy shall be filled in the same manner in which the original
appointment was made.

SEC. 5. PROCEDURES.

    (a) Meetings.--The Panel shall meet at the call of its Co-Chairs or
a majority of its members.
    (b) Quorum.--A quorum shall consist of 4 members of the Panel,
except that a lesser number may conduct a hearing under subsection (c).
    (c) Hearings and Other Activities.--For the purpose of carrying out
its duties, the Panel may hold such hearings and undertake such other
activities as the Panel determines to be necessary to carry out its
duties. Meetings held in order to conduct fact finding, as determined
by the Co-Chairs, shall be open to the public. Meetings held in order
to develop policy, as determined by the Co-Chairs, may be held in
executive session, notwithstanding the Federal Advisory Committee Act
and any other provision of law.
    (d) Obtaining Information.--Upon request of the Panel, the
Commissioner of Social Security and the head of any other agency or
instrumentality of the Federal Government shall furnish information
deemed necessary by the Panel to enable it to carry out its duties.

SEC. 6. ADMINISTRATION.

    (a) Compensation.--Except as provided in subsection (b), members of
the Panel shall receive no additional pay, allowances, or benefits by
reason of their service on the Panel.
    (b) Travel Expenses and Per Diem.--Each member of the Panel who is
not a present Member of the Congress and who is not otherwise an
officer or employee of the Federal Government shall receive travel
expenses and per diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United States Code.
    (c) Staff and Support Services.--
            (1) Staff director.--
                    (A) Appointment.--The Panel shall appoint a staff
                director of the Panel.
                    (B) Compensation.--The staff director shall be paid
                at a rate not to exceed the rate established for level
                V of the Executive Schedule.
            (2) Staff.--The Panel shall appoint such additional
        personnel as the Panel determines to be necessary.
            (3) Applicability of civil service laws.--The staff
        director and other members of the staff of the Panel shall be
        appointed without regard to the provisions of title 5, United
        States Code, governing appointments in the competitive service,
        and shall be paid without regard to the provisions of chapter
        51 and subchapter III of chapter 53 of such title relating to
        classification and General Schedule pay rates.
            (4) Experts and consultants.--With the approval of the
        Panel, the staff director may procure temporary and
        intermittent services under section 3109(b) of title 5, United
        States Code.
    (d) Contract Authority.--The Panel may contract with and compensate
government and private agencies or persons for items and services,
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
    (e) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Panel on a reimbursable basis. The facilities shall serve as the
headquarters of the Panel and shall include all necessary equipment and
incidentals required for the proper functioning of the Panel.
    (f) Detail of Federal Employees.--Upon the request of the Panel,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of such agency to the Panel to assist the Panel in
carrying out its duties.
    (g) Use of Mails.--The Panel may use the United States mails in the
same manner and under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
    (h) Administrative Support Services.--Upon the request of the
Panel, the Architect of the Capitol shall provide to the Panel on a
reimbursable basis such administrative support services as the Panel
may request.
    (i) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Panel shall be deemed to be a committee of the
Congress.

SEC. 7. REPORT.

    Not later than February 1, 1999, the Panel shall submit to the
President, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate a report
which shall contain a detailed statement of the findings and
conclusions of the Panel, including the set of recommendations required
under section 3. The report shall include only those recommendations of
the Panel that receive the approval of at least 6 members of the Panel,
including both Co-Chairs.

SEC. 8. TERMINATION.

    The Panel shall terminate March 31, 1999.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Panel, from the
Federal Old-Age and Survivors Insurance Trust Fund, such sums as are
necessary to carry out the provisions of this Act, but not to exceed
$2,000,000.

Output: Bipartisan Panel to Design Long-Range Social Security Reform Act of 1998 - Establishes the Bipartisan Panel to Design Long-Range Social Security Reform to design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and maintaining retirement income security in the United States.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Immigration Litigation
Act''.

SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    (a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraphs (A), (B), and (C), by
                        inserting ``(statutory and nonstatutory),
                        including section 2241 of title 28, United
                        States Code, or any other habeas corpus
                        provision, and sections 1361 and 1651 of title
                        28, United States Code'' after
                        ``Notwithstanding any other provision of law'';
                        and
                            (ii) by adding at the end the following:
                    ``(D) Judicial review of certain legal claims.--
                Nothing in this paragraph shall be construed as
                precluding consideration by the circuit courts of
                appeals of constitutional claims or pure questions of
                law raised upon petitions for review filed in
                accordance with this section. Notwithstanding any other
                provision of law (statutory and nonstatutory),
                including section 2241 of title 28, United States Code,
                or, except as provided in subsection (e), any other
                habeas corpus provision, and sections 1361 and 1651 of
                title 28, United States Code, such petitions for review
                shall be the sole and exclusive means of raising any
                and all claims with respect to orders of removal
                entered or issued under any provision of this Act.'';
                and
                    (B) by adding at the end the following:
            ``(4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory and
        nonstatutory), including section 2241 of title 28, United
        States Code, or any other habeas corpus provision, and sections
        1361 and 1651 of title 28, United States Code, a petition for
        review by the circuit courts of appeals filed in accordance
        with this section is the sole and exclusive means of judicial
        review of claims arising under the United Nations Convention
        Against Torture and Other Forms of Cruel, Inhuman, or Degrading
        Treatment or Punishment.
            ``(5) Exclusive means of review.--The judicial review
        specified in this subsection shall be the sole and exclusive
        means for review by any court of an order of removal entered or
        issued under any provision of this Act. For purposes of this
        title, in every provision that limits or eliminates judicial
        review or jurisdiction to review, the terms `judicial review'
        and `jurisdiction to review' include habeas corpus review
        pursuant to section 2241 of title 28, United States Code, or
        any other habeas corpus provision, sections 1361 and 1651 of
        title 28, United States Code, and review pursuant to any other
        provision of law.'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(B), by inserting ``pursuant to
                subsection (f)'' after ``unless''; and
                    (B) in paragraph (9), by adding at the end the
                following: ``Except as otherwise provided in this
                subsection, no court shall have jurisdiction, by habeas
                corpus under section 2241 of title 28, United States
                Code, or any other habeas corpus provision, by section
                1361 or 1651 of title 28, United States Code, or by any
                other provision of law (statutory or nonstatutory), to
                hear any cause or claim subject to these consolidation
                provisions.'';
            (3) in subsection (f)(2), by inserting ``or stay, by
        temporary or permanent order, including stays pending judicial
        review,'' after ``no court shall enjoin''; and
            (4) in subsection (g), by inserting ``(statutory and
        nonstatutory), including section 2241 of title 28, United
        States Code, or any other habeas corpus provision, and sections
        1361 and 1651 of title 28, United States Code'' after
        ``notwithstanding any other provision of law''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect upon the date of enactment of this Act and shall apply to
cases in which the final administrative removal order was issued
before, on, or after the date of enactment of this Act.

SEC. 3. CONSOLIDATION OF APPEALS.

    (a) In General.--Section 242(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first
sentence and inserting the following: ``The petition for review shall
be filed with the court of appeals for the Federal Circuit.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to any final agency order that was entered on or after the date
of enactment of this Act.

SEC. 4. ADDITIONAL REMOVAL AUTHORITIES.

    (a) In General.--Section 241(b) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)) is amended--
            (1) in paragraph (1)--
                    (A) in each of subparagraphs (A) and (B), by
                striking the period at the end and inserting ``unless,
                in the opinion of the Secretary of Homeland Security,
                removing the alien to such country would be prejudicial
                to the United States.''; and
                    (B) by amending subparagraph (C) to read as
                follows:
                    ``(C) Alternative countries.--If the alien is not
                removed to a country designated in subparagraph (A) or
                (B), the Secretary of Homeland Security shall remove
                the alien to--
                            ``(i) the country of which the alien is a
                        citizen, subject, or national, where the alien
                        was born, or where the alien has a residence,
                        unless the country physically prevents the
                        alien from entering the country upon the
                        alien's removal there; or
                            ``(ii) any country whose government will
                        accept the alien into that country.''; and
            (2) in paragraph (2)--
                    (A) by striking ``Attorney General'' each place
                such term appears and inserting ``Secretary of Homeland
                Security'';
                    (B) by amending subparagraph (D) to read as
                follows:
                    ``(D) Alternative countries.--If the alien is not
                removed to a country designated under subparagraph
                (A)(i), the Secretary of Homeland Security shall remove
                the alien to a country of which the alien is a subject,
                national, or citizen, where the alien was born, or
                where the alien has a residence, unless--
                            ``(i) such country physically prevents the
                        alien from entering the country upon the
                        alien's removal there; or
                            ``(ii) in the opinion of the Secretary of
                        Homeland Security, removing the alien to the
                        country would be prejudicial to the United
                        States.''; and
                    (C) by amending subparagraph (E)(vii) to read as
                follows:
                            ``(vii) Any country whose government will
                        accept the alien into that country.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any deportation, exclusion, or removal on or after such date pursuant
to any deportation, exclusion, or removal order, regardless of whether
such order is administratively final before, on, or after such date.

SEC. 5. BURDEN OF PROOF.

    (a) Conditions for Granting Asylum.--Section 208(b) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
            (1) in paragraph (1), by striking ``The Attorney General''
        and inserting the following:
                    ``(A) Eligibility.--The Secretary of Homeland
                Security or the Attorney General''; and
            (2) by adding at the end the following:
                    ``(B) Burden of proof.--The burden of proof is on
                the applicant to establish that the applicant is a
                refugee within the meaning of section 101(a)(42)(A). To
                establish that the applicant is a refugee within the
                meaning of this Act, the applicant must establish that
                race, religion, nationality, membership in a particular
                social group, or political opinion was or will be the
                central motive for persecuting the applicant. The
                testimony of the applicant, only if it is credible, is
                persuasive, and refers to specific facts that
                demonstrate that the applicant is a refugee, may be
                sufficient to sustain such burden without
                corroboration. Where the trier of fact finds that it is
                reasonable to expect corroborating evidence for certain
                alleged facts pertaining to the specifics of the
                applicant's claim, such evidence must be provided
                unless a reasonable explanation is given as to why such
                information is not provided. The credibility
                determination of the trier of fact may be based, in
                addition to other factors, on the demeanor, candor, or
                responsiveness of the applicant or witness, the
                consistency between the applicant's or witness's
                written and oral statements, whether or not under oath,
                made at any time to any officer, agent, or employee of
                the United States, the internal consistency of each
                such statement, the consistency of such statements with
                the country conditions in the country from which the
                applicant claims asylum, as presented by the Department
                of State, and any inaccuracies or falsehoods in such
                statements. These factors may be considered
                individually or cumulatively.''.
    (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of
the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by
adding after subparagraph (D) the following flush language:
        ``No court shall reverse a determination made by an adjudicator
        with respect to the availability of corroborating evidence as
        described in section 208(b)(1)(B), unless the court finds that
        a reasonable adjudicator is compelled to conclude that such
        corroborating evidence is unavailable.''.
    (c) Effective Date.--The amendment made by subsection (b) shall
take effect upon the date of enactment of this Act and shall apply to
cases in which the final administrative removal order was issued
before, on, or after the date of enactment of this Act.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect upon
the date of enactment of this Act.

Output:
Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions.

 Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law.

Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.

Limits judicial authority to grant stays of removal.

Requires all petitions for review of removal orders to be filed in the U.S. Court of Appeals for the Federal Circuit.

Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien.

Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status; and (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Metropolitan Medical Response System
Program Act of 2009''.

SEC. 2. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    (a) Amendment.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    ``(a) In General.--The Secretary shall conduct a Metropolitan
Medical Response System Program, that shall assist State and local
governments in preparing for and responding to public health and mass
casualty incidents resulting from natural disasters, acts of terrorism,
and other man-made disasters.
    ``(b) Financial Assistance.--
            ``(1) Authorization of grants.--
                    ``(A) In general.--The Secretary, through the
                Administrator of the Federal Emergency Management
                Agency, may make grants under this section to State and
                local governments to assist in preparing for and
                responding to mass casualty incidents resulting from
                natural disasters, acts of terrorism, and other man-
                made disasters.
                    ``(B) Consultation.--In developing guidance for
                grants authorized under this section, the Administrator
                shall consult with the Assistant Secretary, Office of
                Health Affairs.
            ``(2) Use of funds.--A grant made under this section may be
        used to support the integration of emergency management,
        health, and medical systems into a coordinated response to mass
        casualty incidents caused by any hazard, including--
                    ``(A) to strengthen medical surge capacity;
                    ``(B) to strengthen mass prophylaxis capabilities
                including development and maintenance of an initial
                pharmaceutical stockpile sufficient to protect first
                responders, their families, and immediate victims from
                a chemical or biological event;
                    ``(C) to strengthen chemical, biological,
                radiological, nuclear, and explosive detection,
                response, and decontamination capabilities;
                    ``(D) to develop and maintain mass triage and pre-
                hospital treatment plans and capabilities;
                    ``(E) for planning;
                    ``(F) to support efforts to strengthen information
                sharing and collaboration capabilities of regional,
                State, and urban areas in support of public health and
                medical preparedness;
                    ``(G) for medical supplies management and
                distribution;
                    ``(H) for training and exercises;
                    ``(I) for integration and coordination of the
                activities and capabilities of public health personnel
                and medical care providers with those of other
                emergency response providers as well as other Federal
                agencies, the private sector, and nonprofit
                organizations, for the forward movement of patients;
                and
                    ``(J) for such other activities as the
                Administrator provides.
            ``(3) Eligibility.--
                    ``(A) In general.--Except as provided in
                subparagraph (C), any jurisdiction that received funds
                through the Metropolitan Medical Response System
                Program in fiscal year 2009 shall be eligible to
                receive a grant under this section.
                    ``(B) Additional jurisdictions.--
                            ``(i) Unrepresented states.--
                                    ``(I) In general.--Except as
                                provided in subparagraph (C), for any
                                State in which no jurisdiction received
                                funds through the Metropolitan Medical
                                Response System Program in fiscal year
                                2009, or in which funding was received
                                only through another State, the
                                metropolitan statistical area in such
                                State with the largest population of
                                all such areas in such State shall be
                                eligible to receive a grant under this
                                section.
                                    ``(II) Limitation.--For each of
                                fiscal years 2010 through 2012, no
                                jurisdiction that would otherwise be
                                eligible to receive grants under
                                subclause (I) shall receive a grant
                                under this section if it would result
                                in any jurisdiction under subparagraph
                                (A) receiving less funding than such
                                jurisdiction received in fiscal year
                                2009.
                            ``(ii) Other jurisdictions.--
                                    ``(I) In general.--Subject to
                                subparagraph (C), the Administrator may
                                determine that additional jurisdictions
                                are eligible to receive grants under
                                this section.
                                    ``(II) Limitation.--For each of
                                fiscal years 2010 through 2012, the
                                eligibility of any additional
                                jurisdiction to receive grants under
                                this section is subject to the
                                availability of appropriations beyond
                                that necessary to--
                                            ``(aa) ensure that each
                                        jurisdiction eligible to
                                        receive a grant under
                                        subparagraph (A) does not
                                        receive less funding than such
                                        jurisdiction received in fiscal
                                        year 2009; and
                                            ``(bb) provide grants to
                                        jurisdictions eligible under
                                        clause (i).
                    ``(C) Performance requirement after fiscal year
                2010.--A jurisdiction shall not be eligible for a grant
                under this subsection from funds available after fiscal
                year 2010 unless the Secretary determines that the
                jurisdiction maintains a sufficient measured degree of
                capability in accordance with the performance measures
                issued under subsection (c).
            ``(4) Distribution of funds.--
                    ``(A) In general.--The Administrator shall
                distribute grant funds under this section to the State
                in which the jurisdiction receiving a grant under this
                section is located.
                    ``(B) Pass through.--Subject to subparagraph (C),
                not later than 45 days after the date on which a State
                receives grant funds under subparagraph (A), the State
                shall provide the jurisdiction receiving the grant 100
                percent of the grant funds, and not later than 45 days
                after the State releases the funds, all fiscal agents
                shall make the grant funds available for expenditure.
                    ``(C) Exception.--The Administrator may permit a
                State to provide to a jurisdiction receiving a grant
                under this section 97 percent of the grant funds
                awarded if doing so would not result in any
                jurisdiction eligible for a grant under paragraph
                (3)(A) receiving less funding than such jurisdiction
                received in fiscal year 2009.
            ``(5) Regional coordination.--The Administrator shall
        ensure that each jurisdiction that receives a grant under this
        section, as a condition of receiving such grant, is actively
        coordinating its preparedness efforts with surrounding
        jurisdictions, with the official with primary responsibility
        for homeland security (other than the Governor) of the
        government of the State in which the jurisdiction is located,
        and with emergency response providers from all relevant
        disciplines, as determined by the Administrator, to effectively
        enhance regional preparedness.
    ``(c) Performance Measures.--The Administrator, in coordination
with the Assistant Secretary, Office of Health Affairs, and the
National Metropolitan Medical Response System Working Group, shall
issue performance measures within one year after the date of enactment
of this section that enable objective evaluation of the performance and
effective use of funds provided under this section in any jurisdiction.
    ``(d) Metropolitan Medical Response System Working Group Defined.--
In this section, the term `National Metropolitan Medical Response
System Working Group' means--
            ``(1) 10 Metropolitan Medical Response System Program grant
        managers, who shall--
                    ``(A) include one such grant manager from each
                region of the Agency;
                    ``(B) comprise a population-based cross section of
                jurisdictions that are receiving grant funds under the
                Metropolitan Medical Response System Program; and
                    ``(C) include--
                            ``(i) 3 selected by the Administrator; and
                            ``(ii) 3 selected by the Assistant
                        Secretary, Office of Health Affairs; and
            ``(2) 3 State officials who are responsible for
        administration of State programs that are carried out with
        grants under this section, who shall be selected by the
        Administrator.
    ``(e) Authorization of Appropriations.--There is authorized to be
appropriated $75,000,000 to carry out the program for each of fiscal
years 2010 through 2014.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
V the following new item:

``Sec. 525. Metropolitan Medical Response System Program.''.

SEC. 3. METROPOLITAN MEDICAL RESPONSE PROGRAM REVIEW.

    (a) In General.--The Administrator of the Federal Emergency
Management Agency, the Assistant Secretary, Office of Health Affairs,
and the National Metropolitan Medical Response System Working Group
shall conduct a review of the Metropolitan Medical Response System
Program authorized under section 525 of the Homeland Security Act of
2002, as added by section 2 of this Act, including an examination of--
            (1) the goals and objectives of the Metropolitan Medical
        Response System Program;
            (2) the extent to which the goals and objectives are being
        met;
            (3) the performance metrics that can best help assess
        whether the Metropolitan Medical Response System Program is
        succeeding;
            (4) how the Metropolitan Medical Response System Program
        can be improved;
            (5) how the Metropolitan Medical Response System Program
        complements and enhances other preparedness programs supported
        by the Department of Homeland Security and the Department of
        Health and Human Services;
            (6) the degree to which the strategic goals, objectives,
        and capabilities of the Metropolitan Medical Response System
        Program are incorporated in State and local homeland security
        plans;
            (7) how eligibility for financial assistance, and the
        allocation of financial assistance, under the Metropolitan
        Medical Response System Program should be determined, including
        how allocation of assistance could be based on risk;
            (8) whether the Metropolitan Medical Response System
        Program would be more effective if it were managed as a
        contractual agreement; and
            (9) the resource requirements of the Metropolitan Medical
        Response System Program.
    (b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator and the Assistant Secretary, Office of
Health Affairs shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the results of the
review under this subsection.
    (c) Consultation.--The Administrator of the Federal Emergency
Management Agency shall consult with the Secretary of Health and Human
Services in the implementation of subsection (a)(5).
    (d) Definition.--In this section the term ``National Metropolitan
Medical Response System Working Group'' has the meaning that term has
in section 525 of the Homeland Security Act of 2002, as amended by this
section.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENT.

    Section 635 of the Post-Katrina Management Reform Act of 2006 (6
U.S.C. 723) is repealed.

Output:
Metropolitan Medical Response System Program Act of 2009 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to conduct a Metropolitan Medical Response System Program that shall assist state and local governments in preparing for and responding to public health and mass casualty incidents resulting from natural disasters, terrorist acts, and other man-made disasters. (Repeals provisions of the Post-Katrina Management Reform Act of 2006 regarding a Metropolitan Medical Response Program.)

Authorizes the Secretary, through the Administrator of the Federal Emergency Management Agency (FEMA), to make grants to state and local governments for such purposes. Authorizes the use of grant funds to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard.

Sets forth eligibility requirements. Directs the Administrator to ensure that each jurisdiction that receives a grant, as a condition of receiving such grant, is actively coordinating its preparedness efforts with surrounding jurisdictions, with the official with primary responsibility for homeland security (other than the governor) of the government of the state in which the jurisdiction is located, and with emergency response providers from all relevant disciplines, to effectively enhance regional preparedness.

Requires the Administrator: (1) in coordination with the Assistant Secretary, Office of Health Affairs, and a National Metropolitan Medical Response System Working Group, to issue performance measures that enable objective evaluation of the performance and effective use of funds provided in any jurisdiction; and (2) together with the Assistant Secretary and the Working Group, to conduct a review of the Program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chacoan Outliers Protection Act of
1993''.

SEC. 2. CONFORMING AMENDMENT.

    (a) Section 501 of Public Law 96-550 (16 U.S.C. 410ii) is amended
in the title by striking ``Congressional findings'' and inserting in
lieu thereof ``Congressional findings and purpose''.
    (b) Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is
amended by striking ``San Juan Basin;'' and inserting in lieu thereof,
``San Juan Basin and surrounding areas;''.

SEC. 3. ADDITIONS TO CHACO ARCHEOLOGICAL PROTECTION SITES.

    Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is
amended to read as follows:
    ``(b)(1) Thirty-nine outlying sites as generally depicted on a map
entitled ``Chaco Culture Archeological Protection Sites'', numbered
310/80,033-B and dated September 1991, are hereby designated as `Chaco
Culture Archeological Protection Sites'. The thirty-nine archeological
protection sites totaling approximately 14,372 acres identified as
follows:

Name:                                                             Acres
        Allentown..............................................     380
        Andrews Ranch..........................................     950
        Bee Burrow.............................................     480
        Bisa'ani...............................................     131
        Casa del Rio...........................................      40
        Casamero...............................................     160
        Chimney Rock...........................................   3,160
        Coolidge...............................................     450
        Dalton Pass............................................     135
        Dittert................................................     480
        Great Bend.............................................      26
        Greenlee Ruin..........................................      60
        Grey Hill Spring.......................................      23
        Guadalupe..............................................     115
        Halfway House..........................................      40
        Haystack...............................................     565
        Hogback................................................     453
        Indian Creek...........................................     100
        Jacques................................................      66
        Kin Nizhoni............................................     726
        Lake Valley............................................      30
        Manuelito-Atsee Nitsaa.................................      60
        Manuelito-Kin Hochoi...................................     116
        Muddy Water............................................   1,090
        Navajo Springs.........................................     260
        Newcomb................................................      50
        Peach Springs..........................................   1,046
        Pierre's Site..........................................     440
        Raton Well.............................................      23
        Salmon Ruin............................................       5
        San Mateo..............................................      61
        Sanostee...............................................   1,565
        Section 8..............................................      10
        Skunk Springs/Crumbled House...........................     533
        Standing Rock..........................................     348
        Toh-la-kai.............................................      10
        Twin Angeles...........................................      40
        Upper Kin Klizhin......................................     60.
    ``(2) The map referred to in paragraph (1) shall be kept on file
and available for public inspection in the appropriate offices of the
National Park Service, the office of the State Director of the Bureau
of Land Management located in Santa Fe, New Mexico, the office of the
Area Director of the Bureau of Indian Affairs located in Window Rock,
Arizona, and the offices of the Arizona and New Mexico State Historic
Preservation Officers.''.

SEC. 4. ASSISTANCE TO THE NAVAJO NATION.

    Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by
adding the following new subsection at the end thereof:
    ``(f) The Secretary is authorized to assist the Navajo Nation in
the protection and management of those Chaco Culture Archeological
Protection Sites located on lands under the jurisdiction of the Navajo
Nation through a grant, contract, or cooperative agreement entered into
pursuant to the Indian Self-Determination and Education Act (Public Law
93-638), as amended, to assist the Navajo Nation in site planning,
resource protection, interpretation, resource management actions, and
such other purposes as may be identified in such grant, contract, or
cooperative agreement.''.

            Passed the Senate July 21 (legislative day, June 30), 1993.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

Output:
Chacoan Outliers Protection Act of 1993 - Designates seven new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado.  Expands the boundaries and removes or reduces the acreage of certain existing Sites.
Authorizes the Secretary of the Interior to assist the Navajo Nation in the protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Assurance of Radiologic
Excellence Act of 2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) More than 300,000,000 medical imaging examinations and
        radiation therapy treatments are administered annually in the
        United States.
            (2) Seven out of every 10 Americans undergo a medical
        imaging examination or radiation therapy treatment every year
        in the United States.
            (3) The administration of medical imaging examinations and
        radiation therapy treatments and the effect on individuals of
        such procedures have a substantial and direct effect upon
        public health and safety and upon interstate commerce.
            (4) It is in the interest of public health and safety to
        minimize unnecessary or inappropriate exposure to radiation due
        to the performance of medical imaging and radiation therapy
        procedures by personnel lacking appropriate education and
        credentials.
            (5) It is in the interest of public health and safety to
        have a continuing supply of adequately educated persons and
        appropriate accreditation and certification programs
        administered by State governments.
            (6) Persons who perform or plan medical imaging or
        radiation therapy, including those employed at Federal
        facilities or reimbursed by Federal health programs, should be
        required to demonstrate competence by reason of education,
        training, and experience.
            (7) The protection of public health and safety from
        unnecessary or inappropriate medical imaging and radiation
        therapy procedures and the assurance of efficacious procedures
        are the responsibilities of both the State and the Federal
        Governments.
            (8) Facilities that conduct medical imaging or radiation
        therapy engage in and affect interstate commerce. Patients
        travel regularly across State lines to receive medical imaging
        services or radiation therapy. Facilities that conduct medical
        imaging or radiation therapy engage technicians, physicians,
        and other staff in an interstate market, and purchase medical
        and other supplies in an interstate market.
            (9) In 1981, Congress enacted the Consumer-Patient
        Radiation Health and Safety Act of 1981 (Public Law 97-35)
        which established minimum Federal standards for the
        accreditation of education programs for persons who perform or
        plan medical imaging examinations and radiation therapy
        treatments and for the certification of such persons. The Act
        also provided the States with a model State law for the
        licensing of such persons.
            (10) Twenty-two years after the enactment of the Consumer-
        Patient Radiation Health and Safety Act of 1981--
                    (A) 13 States do not require licensure of any kind
                for persons who perform or plan medical imaging
                examinations and radiation therapy treatments;
                    (B) 37 States license, regulate, or register
                radiographers;
                    (C) 28 States license radiation therapists;
                    (D) 22 States license nuclear medicine
                technologists;
                    (E) 8 States license or require board certification
                of medical physicists; and
                    (F) no States regulate or license medical
                dosimetrists.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure the accreditation of education programs for,
        and the licensure or certification of, persons who perform,
        plan, evaluate, or verify patient dose for medical imaging
        examinations and radiation therapy treatments; and
            (2) to ensure the safety and accuracy of medical imaging
        examinations and radiation therapy treatments.

SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.

    Part F of title III of the Public Health Service Act (42 U.S.C. 262
et seq.) is amended by adding at the end the following:

           ``Subpart 4--Medical Imaging and Radiation Therapy

``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.

    ``(a) In General.--The Secretary shall establish standards to
assure the safety and accuracy of medical imaging or radiation therapy.
Such standards shall include licensure or certification, accreditation,
and other requirements determined by the Secretary to be appropriate.
    ``(b) Exemptions.--The standards established under subsection (a)
shall not apply to physicians (as defined in section 1861(r) of the
Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and
physician assistants (as defined in section 1861(aa)(5) of the Social
Security Act (42 U.S.C. 1395x(aa)(5))).
    ``(c) Requirements.--Under the standards established under
subsection (a), the Secretary shall ensure that individuals prior to
performing or planning such imaging or therapy--
            ``(1) have successfully completed a national examination
        approved by the Secretary under subsection (d) for individuals
        who perform or plan medical imaging or radiation therapy; and
            ``(2) meet such other requirements relating to medical
        imaging or radiation therapy as the Secretary may prescribe.
    ``(d) Approved Bodies.--
            ``(1) In general.--The Secretary shall certify private
        nonprofit organizations or State agencies as approved bodies
        with respect to the accreditation of educational programs or
        the administration of examinations to individuals for purposes
        of subsection (c)(1) if such organizations or agencies meet the
        standards established by the Secretary under paragraph (2) and
        provide the assurances required under paragraph (3).
            ``(2) Standards.--The Secretary shall establish minimum
        standards for the certification of approved bodies under
        paragraph (1) (including standards for recordkeeping, the
        approval of curricula and instructors, the charging of
        reasonable fees for accreditation or for undertaking
        examinations), and other additional standards as the Secretary
        may require.
            ``(3) Assurances.--To be certified as an approved body
        under paragraph (1), an organization or agency shall provide
        the Secretary satisfactory assurances that the body will--
                    ``(A) comply with the standards described in
                paragraph (2);
                    ``(B) notify the Secretary in a timely manner
                before the approved body changes the standards of the
                body; and
                    ``(C) provide such other information as the
                Secretary may require.
            ``(4) Withdrawal of approval.--
                    ``(A) In general.--The Secretary may withdraw the
                certification of an approved body if the Secretary
                determines the body does not meet the standards under
                paragraph (2).
                    ``(B) Effect of withdrawal.--If the Secretary
                withdraws the certification of an approved body under
                subparagraph (A), the accreditation of an individual or
                the completion of an examination administered by such
                body shall continue in effect until the expiration of a
                reasonable period, as determined by the Secretary, for
                such individual to obtain another accreditation or to
                complete another examination.
    ``(e) Existing State Standards.--Standards for the licensure or
certification of personnel, accreditation of educational programs, or
administration of examinations, established by a State prior to the
effective date of the standards promulgated under this section, shall
be deemed to be in compliance with the requirements of this section
unless the Secretary determines that such State standards do not meet
the minimum standards prescribed by the Secretary or are inconsistent
with the purposes of this section.
    ``(f) Evaluation and Report.--The Secretary shall periodically
evaluate the performance of each approved body under subsection (d) at
an interval determined appropriate by the Secretary. The results of
such evaluations shall be included as part of the report submitted to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives in accordance with 354(e)(6)(B).
    ``(g) Delivery of and Payment for Services.--Not later than 18
months after the date of enactment of this section, the Secretary shall
promulgate regulations to ensure that all programs that involve the
performance of or payment for medical imaging or radiation therapy,
that are under the authority of the Secretary, are performed in
accordance with the standards established under this section.
    ``(h) Alternative Standards for Rural Areas.--The Secretary shall
determine whether the standards developed under subsection (a) must be
met in their entirety with respect to payment for medical imaging or
radiation therapy that is performed in a geographic area that is
determined by the Medicare Geographic Classification Review Board to be
a `rural area'. If the Secretary determines that alternative standards
for such rural areas are appropriate to assure access to quality
medical imaging, the Secretary is authorized to develop such
alternative standards. Alternative standards developed under this
subsection shall apply in rural areas to the same extent and in the
same manner as standards developed under subsection (a) apply in other
areas.
    ``(i) Regulations.--Not later than 18 months after the date of
enactment of this section, the Secretary shall promulgate such
regulations as may be necessary to implement this section.
    ``(j) Definitions.--In this section:
            ``(1) Approved body.--The term `approved body' means a
        nonprofit organization or State agency that has been certified
        by the Secretary under subsection (d)(1) to accredit or
        administer examinations to individuals who perform or plan
        medical imaging or radiation therapy.
            ``(2) Medical imaging.--The term `medical imaging' means
        any procedure or article, excluding medical ultrasound
        procedures, intended for use in the diagnosis or treatment of
        disease or other medical or chiropractic conditions in humans,
        including diagnostic X-rays, nuclear medicine, and magnetic
        resonance procedures.
            ``(3) Perform.--The term `perform', with respect to medical
        imaging or radiation therapy, means--
                    ``(A) the act of directly exposing a patient to
                radiation via ionizing or radio frequency radiation or
                to a magnetic field for purposes of medical imaging or
                for purposes of radiation therapy; and
                    ``(B) the act of positioning a patient to receive
                such an exposure.
            ``(4) Plan.--The term `plan' with respect to medical
        imaging or radiation therapy, means the act of preparing for
        the performance of such a procedure to a patient by evaluating
        site-specific information, based on measurement and
        verification of radiation dose distribution, computer analysis,
        or direct measurement of dose, in order to customize the
        procedure for the patient.
            ``(5) Radiation therapy.--The term `radiation therapy',
        means any procedure or article intended for use in the cure,
        mitigation, treatment, or prevention of disease in humans that
        achieves its intended purpose through the emission of
        radiation.''.

Output: Consumer Assurance of Radiologic Excellence Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish standards to assure the safety and accuracy of medical imaging or radiation therapy. States that such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary.Exempts the standards from applying to physicians, nurse practitioners, and physician assistants.Requires individuals prior to performing or preparing such imaging or therapy to have successfully completed a national exam approved by the Secretary.Directs the Secretary to certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations if such organizations or agencies meet certain standards and give certain assurances. Allows the Secretary to withdraw approval from an approved body.Permits the Secretary to develop alternative standards for rural areas if such action is needed to assure access to quality medical imaging.


Input:
SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL.

    (a) Conveyance of Property.--
            (1) In general.--As soon as practicable, but not later than
        180 days, after the date of enactment of this Act, the
        Secretary of Health and Human Services (referred to in this Act
        as the ``Secretary'') shall convey to the Tanana Tribal Council
        located in Tanana, Alaska (referred to in this section as the
        ``Council''), all right, title, and interest of the United
        States in and to the property described in subsection (b) for
        use in connection with health and social services programs.
            (2) Effect on any quitclaim deed.--The conveyance by the
        Secretary of title by warranty deed under this subsection
        shall, on the effective date of the conveyance, supersede and
        render of no future effect any quitclaim deed to the property
        described in subsection (b) executed by the Secretary and the
        Council.
            (3) Conditions.--The conveyance of the property under this
        section--
                    (A) shall be made by warranty deed; and
                    (B) shall not--
                            (i) require any consideration from the
                        Council for the property;
                            (ii) impose any obligation, term, or
                        condition on the Council; or
                            (iii) allow for any reversionary interest
                        of the United States in the property.
    (b) Property Described.--The property, including all land,
improvements, and appurtenances, described in this subsection is the
property included in U.S. Survey No. 5958, Lot 12, in the village of
Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks
Meridian, Alaska, containing 11.25 acres.
    (c) Environmental Liability.--
            (1) Liability.--
                    (A) In general.--Notwithstanding any other
                provision of law, the Council shall not be liable for
                any soil, surface water, groundwater, or other
                contamination resulting from the disposal, release, or
                presence of any environmental contamination on any
                portion of the property described in subsection (b) on
                or before the date on which the property is conveyed to
                the Council.
                    (B) Environmental contamination.--An environmental
                contamination described in subparagraph (A) includes
                any oil or petroleum products, hazardous substances,
                hazardous materials, hazardous waste, pollutants, toxic
                substances, solid waste, or any other environmental
                contamination or hazard as defined in any Federal or
                State of Alaska law.
            (2) Easement.--The Secretary shall be accorded any easement
        or access to the property conveyed under this section as may be
        reasonably necessary to satisfy any retained obligation or
        liability of the Secretary.
            (3) Notice of hazardous substance activity and warranty.--
        In carrying out this section, the Secretary shall comply with
        subparagraphs (A) and (B) of section 120(h)(3) of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH
              CORPORATION.

    (a) Conveyance of Property.--
            (1) In general.--As soon as practicable, but not later than
        180 days, after the date of enactment of this Act, the
        Secretary shall convey to the Bristol Bay Area Health
        Corporation located in Dillingham, Alaska (referred to in this
        section as the ``Corporation''), all right, title, and interest
        of the United States in and to the property described in
        subsection (b) for use in connection with health and social
        services programs.
            (2) Effect on any quitclaim deed.--The conveyance by the
        Secretary of title by warranty deed under this subsection
        shall, on the effective date of the conveyance, supersede and
        render of no future effect any quitclaim deed to the property
        described in subsection (b) executed by the Secretary and the
        Corporation.
            (3) Conditions.--The conveyance of the property under this
        section--
                    (A) shall be made by warranty deed; and
                    (B) shall not--
                            (i) require any consideration from the
                        Corporation for the property;
                            (ii) impose any obligation, term, or
                        condition on the Corporation; or
                            (iii) allow for any reversionary interest
                        of the United States in the property.
    (b) Property Described.--The property, including all land,
improvements, and appurtenances, described in this subsection is the
property included in Dental Annex Subdivision, creating tract 1, a
subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36,
Township 13 South, Range 56 West, Seward Meridian, Bristol Bay
Recording District, Dillingham, Alaska, according to Plat No. 2015-8,
recorded on May 28, 2015, in the Bristol Bay Recording District,
Dillingham, Alaska, containing 1.474 acres more or less.
    (c) Environmental Liability.--
            (1) Liability.--
                    (A) In general.--Notwithstanding any other
                provision of law, the Corporation shall not be liable
                for any soil, surface water, groundwater, or other
                contamination resulting from the disposal, release, or
                presence of any environmental contamination on any
                portion of the property described in subsection (b) on
                or before the date on which the property is conveyed to
                the Corporation.
                    (B) Environmental contamination.--An environmental
                contamination described in subparagraph (A) includes
                any oil or petroleum products, hazardous substances,
                hazardous materials, hazardous waste, pollutants, toxic
                substances, solid waste, or any other environmental
                contamination or hazard as defined in any Federal or
                State of Alaska law.
            (2) Easement.--The Secretary shall be accorded any easement
        or access to the property conveyed under this section as may be
        reasonably necessary to satisfy any retained obligation or
        liability of the Secretary.
            (3) Notice of hazardous substance activity and warranty.--
        In carrying out this section, the Secretary shall comply with
        subparagraphs (A) and (B) of section 120(h)(3) of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

            Passed the Senate March 22, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

Output: .  (Sec. 1) This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs.   (Sec. 2) HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision containing 1.474 acres more or less, also for use in connection with health and social services programs.  Such conveyances by warranty deed: (1) shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Council or Corporation; and (2) shall not require any consideration from the Council or Corporation for the property, impose any obligation, term, or condition on the Council or Corporation, or allow for any U.S. reversionary interest in the property.  The Council or Corporation shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination.  HHS shall: (1) be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability; and (2) comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for certain deeds for the transfer of U.S.-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released.