Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Daniel Faulkner Law Enforcement
Officers and Judges Protection Act of 2007''.

SEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW
              ENFORCEMENT OFFICER OR FEDERAL JUDGE.

    (a) Murder.--Section 1114 of title 18, United States Code, is
amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) If the victim of an offense punishable under this section or
section 1117 is a Federal law enforcement officer or a United States
judge (as those terms are defined in section 115), the offender shall
be punished by a fine under this title and--
            ``(1) in the case of murder in the first degree, or an
        attempt or conspiracy to commit murder in the first degree,
        death or imprisonment for life;
            ``(2) in the case of murder in the second degree, or an
        attempt or conspiracy to commit murder in the second degree,
        imprisonment for any term of years not less than 25 or for
        life; and
            ``(3) in the case of voluntary manslaughter, imprisonment
        for any term of years not less than 10 or for life.''.
    (b) Kidnapping.--Section 1201(a) of title 18, United States Code,
is amended--
            (1) by redesignating subsections (f), (g), and (h) as
        subsections (g), (h), and (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) If the victim of an offense punishable under subsection (a),
(c), or (d) is a Federal law enforcement officer or a United States
judge (as those terms are defined in section 115), the offender shall
be punished by a fine under this title and imprisonment for any term of
years not less than 20 or for life, or, if death results, may be
sentenced to death.''.

SEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT
              OFFICER OR FEDERAL JUDGE.

    (a) In General.--Section 111 of title 18, United States Code, is
amended to read as follows:
``Sec. 111. Assaulting or interfering with certain officers or
              employees
    ``(a) Officers and Employees.--
            ``(1) In general.--It shall be unlawful to--
                    ``(A) assault or interfere with an officer or
                employee described in section 1114, while such officer
                or employee is engaged in, or on account of the
                performance of, official duties;
                    ``(B) assault or interfere with an individual who
                formerly served as an officer or employee described in
                section 1114 on account of the performance of official
                duties; or
                    ``(C) assault or interfere with an individual on
                account of that individual's current or former status
                as an officer or employee described in section 1114.
            ``(2) Penalty.--Any person who violates paragraph (1),
        shall be--
                    ``(A) fined under this title;
                    ``(B)(i) in the case of an interference or a simple
                assault, imprisoned for not more than 1 year;
                    ``(ii) in the case of an assault involving actual
                physical contact or the intent to commit any other
                felony, imprisoned for not more than 10 years;
                    ``(iii) in the case of an assault resulting in
                bodily injury, imprisoned for not more than 20 years;
                or
                    ``(iv) in the case of an assault resulting in
                substantial bodily injury (as that term is defined in
                section 113), or if a dangerous weapon was used or
                possessed during and in relation to the offense
                (including a weapon intended to cause death or danger
                but that fails to do so by reason of a defective
                component), imprisoned for not more than 30 years; or
                    ``(C) fined under subparagraph (A) and imprisoned
                under subparagraph (B).
    ``(b) Law Enforcement Officers and Judges.--
            ``(1) In general.--If the victim of an assault punishable
        under this section is a Federal law enforcement officer or a
        United States judge (as those terms are defined in section
        115)--
                    ``(A) and if the assault resulted in substantial
                bodily injury (as that term is defined in section 113),
                the offender shall be punished by a fine under this
                title and imprisonment for not less 5 years nor more
                than 30 years; and
                    ``(B) and if the assault resulted in serious bodily
                injury (as that term is defined in section 2119(2)), or
                a dangerous weapon was used or possessed during and in
                relation to the offense, the offender shall be punished
                by a fine under this title and imprisonment for any
                term of years not less than 10 or for life.
            ``(2) Imposition of punishment.--Each punishment for
        criminal conduct described in this subsection shall be in
        addition to any other punishment for other criminal conduct
        during the same criminal episode.''.
    (b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 7 of title 18, United States Code, is amended
by striking the item relating to section 111 and inserting the
following:

``111. Assaulting or interfering with certain officers or employees.''.

SEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW
              ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR
              ASSAULTING A FAMILY MEMBER.

    (a) In General.--Section 115 of title 18, United States Code, is
amended--
            (1) by redesignating subsections (c) and (d) as subsections
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) If an offense punishable under this section is committed
with the intent to impede, intimidate, or interfere with a Federal law
enforcement officer or a United States judge while that officer or
judge is engaged in the performance of official duties, with the intent
to retaliate against that officer or judge or a person who formerly
served as such an officer or judge on account of the performance of
official duties, or with the intent to retaliate against an individual
on account of that individual's current or former status as such an
officer or judge, the offender shall be punished--
            ``(A) in the case of murder, attempted murder, conspiracy
        to murder, or manslaughter, as provided in section 1114(b);
            ``(B) in the case of kidnapping, attempted kidnapping, or
        conspiracy to kidnap, as provided in section 1201(f);
            ``(C) in the case of an assault resulting in bodily injury
        or involving the use or possession of a dangerous weapon during
        and in relation to the offense, as provided for a comparable
        offense against a Federal law enforcement officer or United
        States judge under section 111; and
            ``(D) in the case of any other assault or threat, by a fine
        under this title and imprisonment for not more than 10 years.
    ``(2) Each punishment for criminal conduct described in this
subsection shall be in addition to any other punishment for other
criminal conduct during the same criminal episode.''.
    (b) Technical and Conforming Amendment.--Section 2237(e)(1) of
title 18, United States Code, is amended by striking ``in section
115(c)'' and inserting ``in section 115''.

SEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FEDERAL PROSECUTORS TO
              CARRY FIREARMS.

    (a) Authority.--
            (1) In general.--Chapter 203 of title 18, United States
        Code, is amended by inserting after section 3053 the following:
``Sec. 3054. Authority of Federal judges and prosecutors to carry
              firearms
    ``(a) In General.--Any justice of the United States or judge of the
United States (as those terms are defined in section 451 of title 28),
any judge of a court created under article I of the United States
Constitution, any bankruptcy judge, any magistrate judge, any United
States attorney, and any other officer or employee of the Department of
Justice whose duties include representing the United States in a court
of law, may carry a firearm.
    ``(b) Regulations.--Not later than 180 days after the date of
enactment of the Daniel Faulkner Law Enforcement Officers and Judges
Protection Act of 2007, the Attorney General shall promulgate
regulations to carry out this section. Such regulations may provide for
training and regular certification in the use of firearms and shall,
with respect to justices, judges, bankruptcy judges, and magistrate
judges, be promulgated after consultation with the Judicial Conference
of the United States.''.
            (2) Effective date.--Section 3054(a) of title 18, United
        States Code, as added by paragraph (1), shall take effect 90
        days after the date on which the Attorney General promulgates
        regulations under section 3054(b) of title 18, United States
        Code, as added by paragraph (1).
            (3) Technical and conforming amendment.--The table of
        sections at the beginning of chapter 203 of title 18, United
        States Code, is amended by inserting after item relating to
        section 3053 the following:

``3054. Authority of Federal judges and prosecutors to carry
                            firearms.''.
    (b) Amendments to Law Enforcement Officer Safety Provisions of
Title 18.--
            (1) In general.--Section 926B of title 18, United States
        Code, is amended by adding at the end the following:
    ``(f) For purposes of this section, a law enforcement officer of
the Amtrak Police Department or a law enforcement or police officer of
any department or agency of the Federal Government qualifies as an
employee of a governmental agency who is authorized by law to engage in
or supervise the prevention, detection, investigation, or prosecution
of, or the incarceration of any person for, any violation of law, and
has statutory powers of arrest.''.
            (2) Retired law enforcement officers.--Section 926C of
        title 18, United States Code, is amended--
                    (A) in subsection (c)--
                            (i) in paragraph (3)(A), by striking ``was
                        regularly employed as a law enforcement officer
                        for an aggregate of 15 years or more'' and
                        inserting ``served as a law enforcement officer
                        for an aggregate of 10 years or more'';
                            (ii) by striking paragraphs (4) and (5) and
                        inserting the following:
            ``(4) during the most recent 12-month period, has met, at
        the expense of the individual, the standards for qualification
        in firearms training for active law enforcement officers as set
        by the former agency of that officer, the State in which that
        officer resides, or a law enforcement agency within the State
        in which that officer resides;''; and
                            (iii) by redesignating paragraphs (6) and
                        (7) as paragraphs (5) and (6), respectively;
                    (B) in subsection (d)--
                            (i) in paragraph (1), by striking ``to meet
                        the standards established by the agency for
                        training and qualification for active law
                        enforcement officers to carry a firearm of the
                        same type as the concealed firearm'' and
                        inserting ``to meet the active duty standards
                        for qualification in firearms training as
                        established by the agency to carry a firearm of
                        the same type as the concealed firearm''; and
                            (ii) in paragraph (2)(B), by striking
                        ``otherwise found by the State'' and all that
                        follows and inserting ``otherwise found by the
                        State or a certified firearms instructor that
                        is qualified to conduct a firearms
                        qualification test for active duty officers
                        within that State to have met--
                    ``(i) the active duty standards for qualification
                in firearms training as established by the State to
                carry a firearm of the same type as the concealed
                firearm; or
                    ``(ii) if the State has not established the
                standards described in clause (i), standards set by any
                law enforcement agency within that State to carry a
                firearm of the same type as the concealed firearm.'';
                and
                    (C) by adding at the end the following:
    ``(f) In this section, the term `service with a public agency as a
law enforcement officer' includes service as a law enforcement officer
of the Amtrak Police Department or as a law enforcement or police
officer of any department or agency of the Federal Government.''.

SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR
              CRIME OF VIOLENCE.

    (a) In General.--Section 1979 of the Revised States (42 U.S.C.
1983) is amended by--
            (1) striking ``except that in any action'' and all that
        follows through ``relief was unavailable.'' and inserting the
        following: ``except that--
            ``(1) in any action brought against a judicial officer for
        an act or omission taken in the judicial capacity of that
        officer, injunctive relief shall not be granted unless a
        declaratory decree was violated or declaratory relief was
        unavailable; and
            ``(2) in any action seeking redress for a deprivation that
        was incurred in the course of, or as a result of, or is related
        to, conduct by the injured party that, more likely than not,
        constituted a felony or a crime of violence (as that term is
        defined in section 16 of title 18, United States Code)
        (including any deprivation in the course of arrest or
        apprehension for, or the investigation, prosecution, or
        adjudication of, such an offense), a court shall not have
        jurisdiction to consider a claim for damages other than for
        necessary out-of-pocket expenditures and other monetary
        loss.''; and
            (2) indenting the last sentence as an undesignated
        paragraph.
    (b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by striking ``except that in any action''
and all that follows and inserting the following: ``except that--
            ``(1) in any action brought against a judicial officer for
        an act or omission taken in the judicial capacity of that
        officer, such officer shall not be held liable for any costs,
        including attorneys fees, unless such action was clearly in
        excess of the jurisdiction of that officer; and
            ``(2) in any action seeking redress for a deprivation that
        was incurred in the course of, or as a result of, or is related
        to, conduct by the injured party that, more likely than not,
        constituted a felony or a crime of violence (as that term is
        defined in section 16 of title 18, United States Code)
        (including any deprivation in the course of arrest or
        apprehension for, or the investigation, prosecution, or
        adjudication of, such an offense), the court may not allow such
        party to recover attorney's fees.''.

SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW
              ENFORCEMENT OFFICER OR JUDGE.

    (a) In General.--Section 2254 of title 28, United States Code, is
amended by adding at the end the following:
    ``(j)(1) For an application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State court for a
crime that involved the killing of a public safety officer (as that
term is defined in section 1204 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b)) or judge, while the public
safety officer or judge was engaged in the performance of official
duties, or on account of the public safety officer's or judge's
performance of official duties or status as a public safety officer or
judge--
            ``(A) the application shall be subject to the time
        limitations and other requirements under sections 2263, 2264,
        and 2266; and
            ``(B) the court shall not consider claims relating to
        sentencing that were adjudicated in a State court.
    ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of
authority for Federal courts to stay a sentence of death entered by a
State court in a case described in paragraph (1).''.
    (b) Rules.--Rule 11 of the Rules Governing Section 2254 Cases in
the United States District Courts is amended by adding at the end the
following: ``Rule 60(b)(6) of the Federal Rules of Civil Procedure
shall not apply to a proceeding under these rules in a case that is
described in section 2254(j) of title 28, United States Code.''.
    (c) Finality of Determination.--Section 2244(b)(3)(E) of title 28,
United States Code, is amended by striking ``the subject of a
petition'' and all that follows and inserting: ``reheard in the court
of appeals or reviewed by writ of certiorari.''.
    (d) Effective Date and Applicability.--
            (1) In general.--This section and the amendments made by
        this section shall apply to any case pending on or after the
        date of enactment of this Act.
            (2) Time limits.--In a case pending on the date of
        enactment of this Act, if the amendments made by this section
        impose a time limit for taking certain action, the period of
        which began before the date of enactment of this Act, the
        period of such time limit shall begin on the date of enactment
        of this Act.
            (3) Exception.--The amendments made by this section shall
        not bar consideration under section 2266(b)(3)(B) of title 28,
        United States Code, of an amendment to an application for a
        writ of habeas corpus that is pending on the date of enactment
        of this Act, if the amendment to the petition was adjudicated
        by the court prior to the date of enactment of this Act.

Output:
Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers; (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges; (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer; and (4) authorize federal judges, U.S. attorneys, and Justice Department employees to carry firearms.

Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence.

Amends the federal judicial code to place limits on habeas corpus petitions for review of a state court conviction for murder of a public safety officer or judge engaged in the performance of official duties.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Over-Classification Reduction Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase Governmentwide information
sharing and the availability of information to the public by applying
standards and practices to reduce improper classification.

SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE FEDERAL GOVERNMENT.

    (a) Archivist Responsibilities.--
            (1) Regulations.--The Archivist of the United States, in
        consultation with the heads of affected Federal agencies, shall
        promulgate regulations to prevent the over-classification of
        information.
            (2) Requirements.--The regulations under this subsection
        shall--
                    (A) identify specific requirements to prevent the
                over-classification of information, including for
                determining--
                            (i) when classified products should be
                        prepared in a similar format governmentwide;
                        and
                            (ii) when classified products should also
                        be prepared in an unclassified format; taking
                        into consideration whether an unclassified
                        product would reasonably be expected to be of
                        any benefit to a State, local, tribal or
                        territorial government, law enforcement agency,
                        or other emergency response provider, the
                        private sector, or the public;
                    (B) ensure that compliance with this Act protects
                national security and privacy rights; and
                    (C) establish requirements for Federal agencies to
                implement, subject to chapter 71 of title 5, United
                States Code, including the following:
                            (i) The process whereby an individual may
                        challenge without retribution classification
                        decisions by another individual and be rewarded
                        with specific incentives for successful
                        challenges resulting in--
                                    (I) the removal of improper
                                classification markings; or
                                    (II) the correct application of
                                appropriate classification markings.
                            (ii) A method for informing individuals
                        that repeated failure to comply with the
                        regulations promulgated under this section
                        could subject them to a series of penalties.
                            (iii) Penalties for individuals who
                        repeatedly fail to comply with the regulations
                        promulgated under this section after having
                        received both notice of their noncompliance and
                        appropriate training or re-training to address
                        such noncompliance.
            (3) Consultation.--The regulations shall be promulgated in
        consultation, as appropriate, with representatives of State,
        local, tribal, and territorial governments; law enforcement
        entities; organizations with expertise in civil rights,
        employee and labor rights, civil liberties, and government
        oversight; and the private sector.
            (4) Deadline.--The regulations under this subsection shall
        be promulgated in final form not later than one year after the
        date of the enactment of this Act.
    (b) Inspector General Responsibilities.--Consistent with the
Inspector General Act of 1978 (5 U.S.C. App.) and section 17 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q), the Inspector
General of each affected Federal agency, in consultation with the
Archivist, shall randomly audit classified information from each
component of the agency with employees that have classification
authority. In conducting any such audit, the Inspector General shall--
            (1) assess whether applicable classification policies,
        procedures, rules, and regulations have been followed;
            (2) describe any problems with the administration of the
        applicable classification policies, procedures, rules, and
        regulations, including specific non-compliance issues;
            (3) recommend improvements in awareness and training to
        address any problems identified under paragraph (2); and
            (4) report to Congress, the Archivist, and the public, in
        an appropriate format, on the findings of the Inspector
        General's audits under this section.

SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE
              FEDERAL GOVERNMENT.

    (a) Personal Identifiers.--
            (1) In general.--For purposes described in paragraph (2),
        the Archivist of the United States shall require that, at the
        time of classification of information, the following shall
        appear on the information:
                    (A) The name, personal identifier, or unique agency
                identifier of the individual applying classification
                markings to the information.
                    (B) The agency, office, and position of the
                individual.
            (2) Purposes.--The purposes described in this paragraph are
        as follows:
                    (A) To enable the agency to identify and address
                over-classification problems, including the
                classification of information that should not be
                classified.
                    (B) To assess the information sharing impact of any
                such problems.
    (b) Training.--When implementing the security education and
training program pursuant to Executive Order 12958, Executive Order
12829, and successor appropriate Executive Orders, the Archivist,
subject to chapter 71 of title 5, United States Code, shall, in
consultation with heads of affected Federal agencies--
            (1) integrate training to educate about--
                    (A) the prevention of over-classification of
                information;
                    (B) the proper use of classification markings,
                including portion markings;
                    (C) the consequences of over-classification and
                other repeated improper uses of classification
                markings, including the misapplication of
                classification markings to information that does not
                merit such markings, and of failing to comply with the
                policies and procedures established under or pursuant
                to this section, including the negative consequences
                for the individual's personnel evaluation, information
                sharing, and the overall success of the agency's
                missions; and
                    (D) information relating to lessons learned from
                implementation of the regulations including affected
                Federal agency internal audits and Inspector General
                audits, as provided under this Act; and
            (2) ensure that such program is conducted efficiently, in
        conjunction with any other security, intelligence, or other
        training programs required by the agency to reduce the costs
        and administrative burdens associated with the additional
        training required by this section.
    (c) Detailee Program.--
            (1) Requirement for program.--The Archivist, subject to
        chapter 71 of title 5, United States Code, in consultation with
        heads of affected Federal agencies, shall implement a detailee
        program to detail Federal agency personnel, on a
        nonreimbursable basis, to the National Archives and Records
        Administration for the purpose of--
                    (A) training and educational benefit for the agency
                personnel assigned so that they may better understand
                the policies, procedures and laws governing
                classification authorities;
                    (B) bolstering the ability of the National Archives
                and Records Administration to conduct its oversight
                authorities over agencies; and
                    (C) ensuring that the policies and procedures
                established by the agencies remain consistent with
                those established by the Archivist of the United
                States.
            (2) Sunset of detailee program.--Except as otherwise
        provided by law, this subsection shall cease to have effect on
        December 31, 2012.

SEC. 5. DEFINITIONS.

    In this Act:
    (1) Information.--The term ``information'' means any communicable
knowledge or documentary material, regardless of its physical form or
characteristics, that is owned by, is produced by or for, or is under
the control of the Federal Government.
    (2) Federal Agency.--The term ``Federal agency'' means--
            (A) any Executive agency, as that term is defined in
        section 105 of title 5, United States Code;
            (B) any military department, as that term is defined in
        section 102 of such title; and
            (C) any other entity within the executive branch that comes
        into the possession of classified information.
    (3) Affected Federal Agency.--The term ``affected Federal agency''
means any Federal agency that employs an individual with original or
derivative classification authority.

            Passed the House of Representatives September 9, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Over-Classification Reduction Act - Requires the Archivist of the United States to promulgate regulations to prevent the over-classification of information.

 Requires the Inspector General of each federal agency that employs an individual with original or derivative classification authority to randomly audit classified information from each agency component with employees that have classification authority.

Directs the Archivist: (1) to require, at the time of classification of information, personal identifiers or unique agency identifiers of the individual applying classification markings, including the individual's agency, office, and position, to appear on the information; (2) when implementing the security education and training program pursuant to specified executive orders, to integrate training about the prevention of over-classification of information, the proper use of classification markings, the consequences of over-classification, and the lessons learned from implementation of the regulations; and (3) to implement a detailee program to detail federal agency personnel, on a nonreimbursable basis, to the National Archives and Records Administration (NARA) for training.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Antitrust Anti-Retaliation
Act''.

SEC. 2. AMENDMENT TO ACPERA.

    The Antitrust Criminal Penalty Enhancement and Reform Act of 2004
(Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after
section 215 the following:

``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS.

    ``(a) Whistleblower Protections for Employees, Contractors,
Subcontractors, and Agents.--
            ``(1) In general.--No person, or any officer, employee,
        contractor, subcontractor or agent of such person, may
        discharge, demote, suspend, threaten, harass, or in any other
        manner discriminate against a whistleblower in the terms and
        conditions of employment because--
                    ``(A) the whistleblower provided or caused to be
                provided to the person or the Federal Government
                information relating to--
                            ``(i) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of the antitrust laws; or
                            ``(ii) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of another criminal law
                        committed in conjunction with a potential
                        violation of the antitrust laws or in
                        conjunction with an investigation by the
                        Department of Justice of a potential violation
                        of the antitrust laws; or
                    ``(B) the whistleblower filed, caused to be filed,
                testified, participated in, or otherwise assisted an
                investigation or a proceeding filed or about to be
                filed (with any knowledge of the employer) relating
                to--
                            ``(i) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of the antitrust laws; or
                            ``(ii) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of another criminal law
                        committed in conjunction with a potential
                        violation of the antitrust laws or in
                        conjunction with an investigation by the
                        Department of Justice of a potential violation
                        of the antitrust laws.
            ``(2) Limitation on protections.--Paragraph (1) shall not
        apply to any whistleblower if--
                    ``(A) the whistleblower planned and initiated a
                violation or attempted violation of the antitrust laws;
                    ``(B) the whistleblower planned and initiated a
                violation or attempted violation of another criminal
                law in conjunction with a violation or attempted
                violation of the antitrust laws; or
                    ``(C) the whistleblower planned and initiated an
                obstruction or attempted obstruction of an
                investigation by the Department of Justice of a
                violation of the antitrust laws.
            ``(3) Definitions.--In the section:
                    ``(A) Person.--The term `person' has the same
                meaning as in subsection (a) of the first section of
                the Clayton Act (15 U.S.C. 12(a)).
                    ``(B) Antitrust laws.--The term `antitrust laws'
                means section 1 or 3 of the Sherman Act (15 U.S.C. 1,
                3) or similar State law.
                    ``(C) Whistleblower.--The term `whistleblower'
                means an employee, contractor, subcontractor, or agent
                protected from discrimination under paragraph (1).
    ``(b) Enforcement Action.--
            ``(1) In general.--A whistleblower who alleges discharge or
        other discrimination by any person in violation of subsection
        (a) may seek relief under subsection (c) by--
                    ``(A) filing a complaint with the Secretary of
                Labor; or
                    ``(B) if the Secretary has not issued a final
                decision within 180 days of the filing of the complaint
                and there is no showing that such delay is due to the
                bad faith of the claimant, bringing an action at law or
                equity for de novo review in the appropriate district
                court of the United States, which shall have
                jurisdiction over such an action without regard to the
                amount in controversy.
            ``(2) Procedure.--
                    ``(A) In general.--A complaint filed with the
                Secretary of Labor under paragraph (1)(A) shall be
                governed under the rules and procedures set forth in
                section 42121(b) of title 49, United States Code.
                    ``(B) Exception.--Notification made under section
                42121(b)(1) of title 49, United States Code, shall be
                made to the person named in the complaint and to the
                employer.
                    ``(C) Burdens of proof.--A complaint filed with the
                Secretary of Labor under paragraph (1) shall be
                governed by the legal burdens of proof set forth in
                section 42121(b) of title 49, United States Code.
                    ``(D) Statute of limitations.--A complaint under
                paragraph (1)(A) shall be filed with the Secretary of
                Labor not later than 180 days after the date on which
                the violation occurs.
                    ``(E) Civil actions to enforce.--If a person fails
                to comply with an order or preliminary order issued by
                the Secretary of Labor pursuant to the procedures in
                section 42121(b), the Secretary of Labor or the person
                on whose behalf the order was issued may bring a civil
                action to enforce the order in the district court of
                the United States for the judicial district in which
                the violation occurred.
    ``(c) Remedies.--
            ``(1) In general.--A whistleblower prevailing in any action
        under subsection (b)(1) shall be entitled to all relief
        necessary to make the whistleblower whole.
            ``(2) Compensatory damages.--Relief for any action under
        paragraph (1) shall include--
                    ``(A) reinstatement with the same seniority status
                that the whistleblower would have had, but for the
                discrimination;
                    ``(B) the amount of back pay, with interest; and
                    ``(C) compensation for any special damages
                sustained as a result of the discrimination including
                litigation costs, expert witness fees, and reasonable
                attorney's fees.
    ``(d) Rights Retained by Whistleblowers.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies of any
whistleblower under any Federal or State law, or under any collective
bargaining agreement.''.

Output:
Criminal Antitrust Anti-Retaliation Act - Prohibits discharging or in any other manner discriminating against a whistleblower in terms and conditions of employment because: (1) the whistleblower provided information to the employer or the federal government concerning a violation of antitrust law or another criminal law committed in conjunction with a potential violation of antitrust law; or (2) the whistleblower participated in, or otherwise assisted, an investigation relating to such a violation.

Allows a whistleblower who alleges discharge or other discrimination to seek relief: (1) by filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days of filing such complaint, to bring an action at law or equity.

Entitles a whistleblower who prevails in any such action to all relief necessary to make such whistleblower whole.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oversight Workforce Improvement Act
of 2014''.

SEC. 2. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUATIONS, AND REVIEWS
              CONDUCTED BY INSPECTORS GENERAL.

    Section 3518(c) of title 44, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph
        (A), by striking ``paragraph (2)'' and inserting ``paragraph
        (3)'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Notwithstanding paragraph (3), this subchapter shall
        not apply to the collection of information during the conduct
        of any evaluation, or other review conducted by the Federal
        Accountability and Spending Transparency Board, or during the
        conduct of any audit, investigation, inspection, evaluation, or
        any other review conducted by the Council of the Inspectors
        General on Integrity and Efficiency or any Office of Inspector
        General, including any Office of Special Inspector General.''.

SEC. 3. EXEMPTION FROM DISCLOSURE UNDER FOIA.

    (a) Definition.--In this section, the term ``agency'' shall have
the meaning given the term in section 551 of title 5, United States
Code.
    (b) Exemption.--Information relating to the information security
program or practices of an agency shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code, if disclosure could
reasonably be expected to lead to or result in unauthorized access,
use, disclosure, disruption, modification, or destruction of such
information system or the information such information system controls,
processes, stores, or transmits.
    (c) Non-Exempt Information.--Each agency that withholds information
subject to the exemption in subsection (b) shall act in accordance with
the obligation of the Federal agency to reasonably segregate and
disclose non-exempt information under section 552(b) of title 5, United
States Code.

SEC. 4. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE
              INSPECTOR GENERAL REFORM ACT OF 2008.

    (a) Incorporation of Provisions From the Inspector General Reform
Act of 2008 Into the Inspector General Act of 1978.--
            (1) Classification and pay.--
                    (A) Amendment.--Section 8G of the Inspector General
                Act of 1978 (5 U.S.C. App.) is amended by adding at the
                end the following:
    ``(i) Notwithstanding any other provision of law, the Inspector
General of each designated Federal entity shall, for pay and all other
purposes be classified at a grade, level or rank designation, as the
case may be, at or above those of a majority of the senior level
executives of the designated Federal entity (such as General Counsel,
Chief Information Officer, Chief Financial Officer, Chief Human Capital
Officer, or Chief Acquisition Officer). The pay of an Inspector General
of a designated Federal entity shall not be less than the average total
compensation (including bonuses) of the senior level executives of the
designated Federal entity calculated on an annual basis.''.
                    (B) Conforming repeal.--Section 4(b) of the
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 5 U.S.C. App. note) is repealed.
            (2) Pay retention.--
                    (A) Amendment.--The Inspector General Act of 1978
                (5 U.S.C. App.) is amended by adding after section 8M
                the following:

``SEC. 8N. PAY RETENTION.

    ``(a) In General.--The provisions of section 3392 of title 5,
United States Code, other than the term `performance awards' and
`awarding of ranks' in subsection (c)(1) of such section, shall apply
to career appointees of the Senior Executive Service who are appointed
to the position of Inspector General.
    ``(b) Nonreduction in Pay.--Notwithstanding any other provision of
law, career Federal employees serving on an appointment made pursuant
to statutory authority found other than in section 3392 of title 5,
United States Code, shall not suffer a reduction in pay, not including
any bonus or performance award, as a result of being appointed to the
position of Inspector General.''.
                    (B) Conforming repeal.--Section 4(c) of the
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 5 U.S.C. App. note) is repealed.
            (3) Allegations of wrongdoing against special counsel or
        deputy special counsel.--
                    (A) Amendments.--Section 11(d) of the Inspector
                General Act of 1978 (5 U.S.C. App.) is amended--
                            (i) in paragraph (2)--
                                    (I) in subparagraph (C), by
                                inserting ``or their designee'' before
                                the period; and
                                    (II) in subparagraph (D), by
                                inserting ``or their designee'' before
                                the period; and
                            (ii) by adding at the end the following:
            ``(12) Allegations of wrongdoing against special counsel or
        deputy special counsel.--
                    ``(A) Special counsel defined.--In this paragraph,
                the term `Special Counsel' means the Special Counsel
                appointed under section 1211(b) of title 5, United
                States Code.
                    ``(B) Authority of integrity committee.--
                            ``(i) In general.--An allegation of
                        wrongdoing against the Special Counsel or
                        Deputy Special Counsel may be received,
                        reviewed and referred for investigation by the
                        Integrity Committee to the same extent and in
                        the same manner as in the case of an allegation
                        against an Inspector General (or a member of
                        the staff of an Office of Inspector General),
                        subject to the requirement that the Special
                        Counsel recuse himself or herself from the
                        consideration of any allegation brought under
                        this paragraph.
                            ``(ii) Coordination with existing provision
                        of law.--This paragraph does not eliminate
                        access to the Merit Systems Protection Board
                        for review under section 7701 of title 5,
                        United States Code. To the extent that an
                        allegation brought under this subsection
                        involves section 2302(b)(8) of that title, a
                        failure to obtain corrective action within 120
                        days after the date on which the allegation is
                        received by the Integrity Committee shall, for
                        purposes of section 1221 of such title, be
                        considered to satisfy section 1214(a)(3)(B) of
                        such title.
                    ``(C) Regulations.--The Integrity Committee may
                prescribe any rules or regulations necessary to carry
                out this paragraph, subject to such consultation or
                other requirements as might otherwise apply.''.
                    (B) Conforming repeal.--Section 7(b) of the
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 5 U.S.C. 1211 note) is repealed.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5
        U.S.C. App.) is further amended--
                    (A) in section 8M--
                            (i) in subsection (a)(1)--
                                    (I) by striking ``Each agency'' and
                                inserting `` Each Federal agency and
                                designated Federal entity''; and
                                    (II) by striking ``that agency''
                                and inserting ``the Federal agency or
                                designated Federal entity'' each place
                                it appears; and
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), in the matter
                                preceding subparagraph (A), by striking
                                ``agency'' and inserting ``Federal
                                agency and designated Federal entity'';
                                and
                                    (II) in paragraph (2)--
                                            (aa) in subparagraph (A),
                                        by striking ``agency'' and
                                        inserting ``Federal agency and
                                        designated Federal entity'';
                                        and
                                            (bb) in subparagraph (B),
                                        by striking ``agency'' and
                                        inserting ``Federal agency and
                                        designated Federal entity'';
                                        and
                    (B) in section 11(c)(3)(A)(ii), by striking
                ``department, agency, or entity of the executive branch
                which'' and inserting ``Federal agency or designated
                Federal entity that''.
            (2) Implementation.--Not later than 180 days after the date
        of enactment of this Act, the head and the Inspector General of
        each Federal agency (as defined in section 12 of the Inspector
        General Act of 1978 (5 U.S.C. App.)) and each designated
        Federal entity (as defined in section 8G of the Inspector
        General Act of 1978 (5 U.S.C. App.)) shall implement the
        amendments made by this subsection.
    (c) Corrections.--
            (1) Executive order number.--Section 7(c)(2) of the
        Inspector General Reform Act of 2008 (Public Law 110-409; 31
        U.S.C. 501 note) is amended by striking ``12933'' and inserting
        ``12993''.
            (2) Punctuation and cross-references.--The Inspector
        General Act of 1978 (5 U.S.C. App.) is amended--
                    (A) in section 4(b)(2)--
                            (i) by striking ``8F(a)(2)'' and inserting
                        ``8G(a)(2)'' each place it appears; and
                            (ii) by striking ``8F(a)(1)'' and inserting
                        ``8G(a)(1)'';
                    (B) in section 6(a)(4), by striking ``information,
                as well as any tangible thing)'' and inserting
                ``information), as well as any tangible thing''; and
                    (C) in section 8G(g)(3), by striking ``8C'' and
                inserting ``8D''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C.
        App.) is amended--
                    (A) in section 3(a), by striking ``subpena'' and
                inserting ``subpoena'';
                    (B) in section 6(a)(4)--
                            (i) by striking ``subpena'' and inserting
                        ``subpoena''; and
                            (ii) by striking ``subpenas'' and inserting
                        ``subpoenas'';
                    (C) in section 8D(a)--
                            (i) in paragraph (1), by striking
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking
                        ``subpena'' and inserting ``subpoena'', each
                        place it appears;
                    (D) in section 8E(a)--
                            (i) in paragraph (1), by striking
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking
                        ``subpena'' and inserting ``subpoena'' each
                        place it appears; and
                    (E) in section 8G(d), by striking ``subpena'' and
                inserting ``subpoena''.
    (d) Repeal.--Section 744 of the Financial Services and General
Government Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 693)
is repealed.

SEC. 5. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

    Section 11(b)(1)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended to read as follows:
                    ``(B) The Inspectors General of the Intelligence
                Community and the Central Intelligence Agency.''.

Output: Oversight Workforce Improvement Act of 2014 - Exempts from requirements relating to the authority of federal agencies to collect information for investigations: (1) information collected during any evaluation by the Federal Accountability and Spending Transparency Board; and (2) information collected during any audit, investigation, evaluation, or other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of the Inspector General, including any office of Special Inspector General. Exempts from document disclosure requirements of the Freedom of Information Act (FOIA) information relating to the information security program or practices of a federal agency if disclosure could reasonably be expected to lead to, or result in, unauthorized access, use, disclosure, disruption, modification, or destruction of such information program or the information such program controls, processes, stores, or transmits.  Amends the Inspector General Act of 1978 to: (1) establish classification and pay standards for the Inspectors General of each federal agency; (2) set forth procedures for considering allegations of wrongdoing against the Special Counsel and Deputy Special Counsel (officials appointed to investigate prohibited personal practices and government waste and abuse); and (3) include within the membership of the Council of the Inspectors General on Integrity and Efficiency the Inspectors General of the Intelligence Community and the Central Intelligence Agency (CIA) (currently, the Inspectors General of the Office of the Director of National Intelligence and the CIA).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive TB Elimination Act of
2014''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Each year approximately 9,000,000 people become ill
        with active tuberculosis (TB), an airborne infectious disease,
        and it is estimated that 1,500,000 of those people die, making
        TB the second leading global infectious disease killer.
            (2) There is a global underinvestment in quality TB
        control, and in the research and development of new drugs,
        diagnostics and a vaccine, as well as in the relationship
        between TB and HIV/AIDS.
            (3) The increasing occurrence of multi-drug resistant
        (``MDR'') TB, including extensively drug resistant (``XDR'') TB
        which is resistant to at least two of the recommended first-
        line drugs and the recommended second-line medications, is a
        serious and emerging global health problem.
            (4) Cases of TB are reported annually in every State within
        the United States, with a total of 9,582 cases of active TB
        reported in the United States in 2013.
            (5) In addition to those with active TB, an estimated
        8,000,000 to 10,000,000 people in the United States are
        infected with the TB bacteria.
            (6) Drug-resistant TB poses a particular challenge to
        domestic TB control due to the high costs of treatment and
        intensive health care resources required. Treatment costs for
        MDR TB range from $100,000 to $300,000, which can cause a
        serious strain on State public health budgets.
            (7) In 2013, the United States experienced serious
        shortages of first- and second-line TB drugs and biologics,
        including isoniazid, the first-line TB drug, and tubersol, the
        biologic used in TB skin tests.
            (8) New tools are urgently needed to more effectively
        prevent, diagnose, and treat TB. Within the last 40 years, only
        one new TB drug has been developed and approved in the United
        States, and the treatment regimen for MDR TB remains
        excessively lengthy, toxic, and difficult for patients to
        tolerate. The existing vaccine, which is not used in the United
        States, confers no protection to adolescents and adults,
        protecting only against pulmonary TB in infants and children.
            (9) The expertise in identifying, treating, and preventing
        TB is within the Centers for Disease Control and Prevention and
        the United States public health system. The identification and
        preventive treatment of the millions of people in the United
        States with TB infection, representing the reservoir of future
        active TB cases, is a key component of the strategy to
        eliminate TB in the United States.

SEC. 3. FOOD AND DRUG ADMINISTRATION.

    Clause (i) of section 506D(a)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356d(a)(1)(B)) is amended to read as follows:
                            ``(i) plans for enhanced interagency and
                        intra-agency coordination, communication, and
                        decisionmaking, including by ensuring
                        coordination between the task force established
                        under this section and the Federal Tuberculosis
                        Task Force under section 317E(g) of the Public
                        Health Service Act in the development and
                        implementation of strategies and systems to
                        prevent and mitigate shortages of drugs used in
                        connection with tuberculosis;''.

SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION; HEALTH RESOURCES
              AND SERVICES ADMINISTRATION.

    (a) Prioritizing Programs for High-Risk Populations, Including
Foreign-Born, Homeless, and Uninsured Populations.--Subsection (a) of
section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is
amended--
            (1) by striking ``The Secretary'' and inserting the
        following:
            ``(1) Grants.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Priority.--In making grants under this subsection,
        the Secretary shall give priority to awarding grants to State
        health departments proposing to focus on the prevention,
        control, and elimination of tuberculosis in high-risk
        populations, including foreign-born, homeless, and uninsured
        populations.''.
    (b) Grants for Coordination of Programs and Services for
Prevention, Diagnosis, and Treatment.--
            (1) Grants.--Section 317E of the Public Health Service Act
        (42 U.S.C. 247b-6) is amended--
                    (A) by redesignating subsections (c) through (h) as
                subsections (d) through (i), respectively; and
                    (B) by inserting after subsection (b) the
                following:
    ``(c) Grants for Coordination of Programs and Services for
Prevention, Diagnosis, and Treatment.--
            ``(1) Grants.--The Secretary, acting through the
        Administrator of the Health Resources and Services
        Administration, may award grants to State and local governments
        and Federally qualified health centers for coordinating the
        programs and services of such governments and centers to ensure
        timely and appropriate prevention, diagnosis, and treatment of
        tuberculosis.
            ``(2) Definition.--In this subsection, the term `Federally
        qualified health center' has the meaning given to such term in
        section 1861(aa) of the Social Security Act.''.
            (2) Conforming changes.--Section 317E of the Public Health
        Service Act (42 U.S.C. 247b-6) is amended--
                    (A) in subsections (d), (e)(1), (e)(3)(A), and
                (f)(1), as redesignated, by striking ``subsection (a)
                or (b)'' each place it appears and inserting
                ``subsection (a), (b), or (c)''; and
                    (B) in subsection (e)(3)(A), as redesignated, by
                inserting ``(subject to subsection (a)(2))'' after
                ``highest priority''.
    (c) Federal Tuberculosis Task Force.--Paragraph (1) of section
317E(h) of the Public Health Service Act (42 U.S.C. 247b-6(g)), as
redesignated, is amended to read as follows:
            ``(1) Duties.--The Federal Tuberculosis Task Force (in this
        subsection referred to as the `Task Force') shall provide to
        the Secretary and other appropriate Federal officials advice
        on--
                    ``(A) research into new tools under subsection
                (b)(2) and ensuring access to such new tools; and
                    ``(B) the development and implementation of
                strategies and systems to prevent and mitigate
                shortages of drugs used in connection with
                tuberculosis.''.
    (d) Reauthorization of National Strategy for Combating and
Eliminating Tuberculosis.--Section 317E(i)(1)(A) of the Public Health
Service Act (42 U.S.C. 247b-6(h)(1)(A)) is amended by striking
``$243,101,250 for fiscal year 2013'' and inserting ``$243,101,250 for
each of fiscal years 2013 through 2019''.

SEC. 5. NATIONAL INSTITUTES OF HEALTH.

    Paragraph (1) of section 424C(b) of the Public Health Service Act
(42 U.S.C. 285b-7c(b)) is amended to read as follows:
            ``(1) enhancing basic, clinical, and operational research
        on tuberculosis, including with respect to--
                    ``(A) drug resistant tuberculosis;
                    ``(B) infection with, and the progression of,
                tuberculosis; and
                    ``(C) pediatric tuberculosis;''.

Output: Comprehensive TB Elimination Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act to require the Drug Shortages Strategic Plan to include plans to ensure coordination between the Drug Shortages Task Force and the Federal Tuberculosis Task Force. Amends the Public Health Service Act to require the Department of Health and Human Services, when awarding grants for the prevention, control, and elimination of tuberculosis, to give priority to state health departments proposing to focus on high-risk populations, including foreign-born, homeless, and uninsured populations. Authorizes the Health Resources and Services Administration to award grants to state and local governments and federally qualified health centers to coordinate their programs and services to ensure timely and appropriate prevention, diagnosis, and treatment of tuberculosis. Requires the Federal Tuberculosis Task Force to advise federal officials on strategies and systems to prevent and mitigate shortages of tuberculosis drugs. Reauthorizes the national strategy for combating and eliminating tuberculosis through FY2019. Allows the National Institutes of Health to enhance research on pediatric tuberculosis and tuberculosis infection and progression.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Data Protection Act''.

SEC. 2. DATA SECURITY.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2)
the following:

``SEC. 605C. DATA SECURITY AT CONSUMER REPORTING AGENCIES.

    ``(a) Definitions.--In this section--
            ``(1) the term `affected individual' means an individual,
        the sensitive personal information of whom is lost, stolen, or
        accessed without authorization because of a data breach;
            ``(2) the term `appropriate committees of Congress' means--
                    ``(A) the Committee on the Judiciary of the Senate;
                    ``(B) the Committee on Banking, Housing, and Urban
                Affairs of the Senate;
                    ``(C) the Committee on the Judiciary of the House
                of Representatives; and
                    ``(D) the Committee on Financial Services of the
                House of Representatives;
            ``(3) the term `covered action' means an action that
        restricts the legal rights available to a consumer, including--
                    ``(A) requiring the consumer to--
                            ``(i) waive the right of the consumer to--
                                    ``(I) file a civil action in an
                                appropriate court; or
                                    ``(II) bring, or participate in, a
                                class action; or
                            ``(ii) engage in settlement negotiations
                        before bringing an action under subsection
                        (c)(3); and
                    ``(B) offering a financial inducement in exchange
                for the consumer waiving any right of the consumer;
            ``(4) the term `credit freeze'--
                    ``(A) except as provided in subparagraph (B), means
                a restriction placed on the consumer report of a
                consumer at the request of the consumer, or a personal
                representative of the consumer, that prohibits a
                consumer reporting agency from releasing the consumer
                report for any purpose; and
                    ``(B) with respect to the consumer report of a
                consumer, shall not apply to the use of the consumer
                report by--
                            ``(i) a person, or a subsidiary, affiliate,
                        agent, subcontractor, or assignee of the
                        person, with which the consumer has, or before
                        assignment had, an account, contract, or
                        debtor-creditor relationship for the purposes
                        of--
                                    ``(I) reviewing the active account;
                                or
                                    ``(II) collecting the financial
                                obligation owed on the account,
                                contract, or debt;
                            ``(ii) any person acting under a court
                        order, warrant, or subpoena;
                            ``(iii) a Federal, State, or local
                        government or an agent or assignee of a
                        Federal, State, or local government;
                            ``(iv) any person for the sole purpose of
                        providing a credit monitoring or identity theft
                        protection service to which the consumer has
                        subscribed;
                            ``(v) any person for the purpose of
                        providing a consumer with a copy of the
                        consumer report, credit score, or educational
                        credit score of the consumer upon request by
                        the consumer;
                            ``(vi) any person or entity for insurance
                        purposes, including use in setting or adjusting
                        a rate, adjusting a claim, or underwriting; and
                            ``(vii) any person acting under an
                        authorization from a consumer to use the
                        consumer report of the consumer for employment
                        purposes;
            ``(5) the term `data breach' means the loss, theft, or
        other unauthorized access, other than access that is incidental
        to the scope of employment, of data containing sensitive
        personal information, in electronic or printed form, that
        results in the potential compromise of the confidentiality or
        integrity of the data; and
            ``(6) the term `sensitive personal information' means, with
        respect to an individual, information--
                    ``(A) about the individual relating to the
                education, financial transactions, medical history,
                criminal history, or employment history of the
                individual; and
                    ``(B) that can be used to distinguish or trace the
                identity of the individual, including the name, social
                security number, date and place of birth, mother's
                maiden name, and biometric records of the individual.
    ``(b) Data Breaches at Consumer Reporting Agencies.--With respect
to a data breach at a consumer reporting agency, the consumer reporting
agency--
            ``(1) subject to paragraph (2), shall notify--
                    ``(A) not later than 2 days after the date on which
                the consumer reporting agency discovers the data
                breach--
                            ``(i) the Federal Trade Commission;
                            ``(ii) the Bureau; and
                            ``(iii) appropriate law enforcement and
                        intelligence agencies, as identified by the
                        Secretary of Homeland Security; and
                    ``(B) not later than 3 days after the date on which
                the consumer reporting agency discovers the data
                breach, and as quickly and efficiently as is
                practicable, each affected individual with respect to
                the data breach;
            ``(2) may receive an extension of the 2-day deadline
        described in paragraph (1)(A) or the 3-day deadline described
        in paragraph (1)(B) if the Federal Trade Commission and the
        intelligence agencies identified under paragraph (1)(A)(iii)
        determine that there is a national security concern that
        requires granting such an extension;
            ``(3) shall, upon request by any affected individual with
        respect to the data breach, provide, without charge to the
        affected individual and during the lifetime of the affected
        individual--
                    ``(A) a credit freeze, including the cost relating
                to imposing, lifting, or permanently removing a credit
                freeze, with respect to the consumer report of the
                affected individual at any consumer reporting agency
                described in section 603(p); and
                    ``(B) credit monitoring services for the affected
                individual at any consumer reporting agency described
                in section 603(p); and
            ``(4) shall, in consultation with the Bureau, establish a
        consumer assistance unit--
                    ``(A) that shall--
                            ``(i) be carried out, and paid for, by the
                        consumer reporting agency; and
                            ``(ii) provide assistance, free of charge
                        and for a period of 10 years beginning on the
                        date on which the consumer reporting agency
                        submits the notifications required under
                        paragraph (1)(A), to any affected individual
                        who wants to dispute an item in the file of the
                        affected individual that was entered into that
                        file after the date on which the data breach
                        occurred; and
                    ``(B) with respect to which the consumer reporting
                agency shall, as soon as practicable after the date on
                which the consumer assistance unit is established,
                notify each affected individual with respect to the
                data breach by mail and e-mail.
    ``(c) Enforcement.--
            ``(1) In general.--Subject to subtitle B of the Consumer
        Financial Protection Act of 2010 (12 U.S.C. 5511 et seq.), the
        Federal Trade Commission or the Bureau may bring a civil action
        to recover a civil penalty in an appropriate district court of
        the United States against any person that negligently,
        knowingly, or willingly causes a data breach at a consumer
        reporting agency.
            ``(2) Penalty amount.--
                    ``(A) In general.--In a successful action brought
                under paragraph (1), the person against which the
                action is brought shall be liable for a civil penalty
                of not more than--
                            ``(i) $2,500 for each affected individual
                        with respect to the data breach caused by the
                        person; and
                            ``(ii) $25,000,000 in total.
                    ``(B) Considerations.--In determining the amount of
                a civil penalty in a successful action brought under
                paragraph (1), the court shall consider, with respect
                to the person against which the action is brought--
                            ``(i) the degree of culpability of the
                        person;
                            ``(ii) any history of similar prior conduct
                        by the person;
                            ``(iii) the ability of the person to pay;
                            ``(iv) the effect of the penalty on the
                        ability of the person to continue to do
                        business; and
                            ``(v) any other factor as justice may
                        require.
            ``(3) Private cause of action.--
                    ``(A) Definition.--In this paragraph, the term
                `actual loss' means the total cost to an affected
                individual as a result of a data breach at a consumer
                reporting agency, including--
                            ``(i) the costs incurred by the affected
                        individual--
                                    ``(I) in responding to the data
                                breach; and
                                    ``(II) as a result of--
                                            ``(aa) reviewing accounts
                                        of the affected individual for
                                        fraudulent charges;
                                            ``(bb) closing accounts of
                                        the affected individual that
                                        may have been compromised by
                                        the data breach; and
                                            ``(cc) imposing credit
                                        freezes and obtaining credit
                                        monitoring services; and
                            ``(ii) any revenue lost, or cost or
                        consequential damage incurred, by the affected
                        individual relating to the interruption of the
                        ability of the affected individual to obtain
                        credit.
                    ``(B) Cause of action.--
                            ``(i) In general.--An affected individual
                        may bring an action in an appropriate district
                        court of the United States against any person
                        that negligently, knowingly, or willingly
                        caused a data breach at a consumer reporting
                        agency in which the sensitive personal
                        information of the affected individual was
                        lost, stolen, or accessed without
                        authorization.
                            ``(ii) Damages.--In a successful action
                        brought by an affected individual under clause
                        (i), the affected individual may recover--
                                    ``(I) the greater of--
                                            ``(aa) the actual loss to
                                        the affected individual with
                                        respect to the data breach
                                        described in that clause; or
                                            ``(bb) $1,000 in liquidated
                                        damages;
                                    ``(II) punitive damages, as the
                                court may allow; and
                                    ``(III) the costs of the action,
                                together with reasonable attorney's
                                fees, as determined by the court.
    ``(d) Review of Compliance With Standards for Safeguarding Customer
Information.--
            ``(1) Definition.--In this subsection, the term `covered
        person' has the meaning given the term in section 1002 of the
        Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
            ``(2) Examination.--The Bureau may examine any consumer
        reporting agency that is a covered person subject to
        supervision under section 1024 of the Consumer Financial
        Protection Act of 2010 (12 U.S.C. 5514) for compliance by that
        agency with the standards established by the Federal Trade
        Commission under section 501(b) of the Gramm-Leach-Bliley Act
        (15 U.S.C. 6801(b)).
    ``(e) Protection of Legal Rights of Consumers.--A consumer
reporting agency may not take a covered action--
            ``(1) as a condition of providing any service or product
        to, or on behalf of, a consumer; and
            ``(2) that relates to the rights of a consumer after a data
        breach at the consumer reporting agency in which the sensitive
        personal information of the consumer is lost, stolen, or
        accessed without authorization.
    ``(f) Annual Study and Report.--
            ``(1) In general.--Beginning in the first full year after
        the date of enactment of this section, and annually thereafter,
        the Bureau and the Federal Trade Commission, in consultation
        with the Attorney General, shall conduct a study regarding the
        costs to affected individuals from data breaches at consumer
        reporting agencies, including--
                    ``(A) the economic costs to those affected
                individuals;
                    ``(B) the effects on--
                            ``(i) the ability of those affected
                        individuals to obtain credit and housing; and
                            ``(ii) the reputations of those affected
                        individuals; and
                    ``(C) the costs relating to the emotional and
                psychological stress of those affected individuals from
                having the sensitive personal information of those
                affected individuals lost, stolen, or accessed without
                authorization.
            ``(2) Submission to congress.--Not later than 30 days after
        the date on which each study conducted under paragraph (1) is
        completed, the Bureau and the Federal Trade Commission shall
        submit to the appropriate committees of Congress a report that
        contains the results of the study.
            ``(3) Contents.--Each study conducted under paragraph (1)
        and each report submitted under paragraph (2) shall contain a
        survey of affected individuals who were contacted for the
        purposes of conducting the study.
            ``(4) Authority.--In conducting any study under paragraph
        (1), the Bureau, the Federal Trade Commission, and the Attorney
        General may compel a consumer reporting agency to disclose
        nonproprietary information.
    ``(g) Rule of Construction.--Nothing in this section may be
construed as modifying, limiting, or superseding any provision of State
law if the protection that the provision of State law provides to
consumers is greater than the protection provided to consumers under
this section.''.
    (b) Technical and Conforming Amendment.--The table of contents for
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by
inserting after the item relating to section 605B the following:

``605C. Data security at consumer reporting agencies.''.

Output: Consumer Data Protection Act This bill amends the Fair Credit Reporting Act to direct a consumer reporting agency experiencing a data breach to: (1) notify the Federal Trade Commission, the Consumer Financial Protection Bureau (CFPB), other appropriate law enforcement agencies, and affected individuals; (2) provide affected individuals with free credit freezes and credit monitoring services; and (3) establish a consumer assistance unit. The bill also establishes legal enforcement provisions concerning data breaches at consumer reporting agencies.  The CFPB may examine a consumer reporting agency to assess compliance with personal information protection laws.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cardiac Arrest Survival Act of
2015''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Establishing a nationally uniform baseline of
        protection from civil liability for persons who use automated
        external defibrillators (in this section referred to as
        ``AEDs'') in perceived medical emergencies, who own or hold
        other property interests in AEDs used in perceived medical
        emergencies, or who own, occupy, or manage premises in which an
        AED is used or from which an AED is taken for use in a
        perceived medical emergency will encourage the deployment of
        additional AEDs, which will ultimately save lives that would
        otherwise have been lost to cardiac arrest.
            (2) The current patchwork of State ``Good Samaritan'' laws
        provides incomplete, inconsistent, and, in some instances,
        inadequate protection for entities considering the acquisition
        or deployment of AEDs. In these circumstances, concerns about
        potential liability resulting from the good-faith acquisition
        and deployment of this life-saving technology are inhibiting
        its deployment.
            (3) Such concerns are especially acute for entities with
        operations or facilities in multiple States, yet such entities
        are also among those in which the widespread deployment of AEDs
        would be most beneficial.
            (4) A nationally uniform baseline of protection from civil
        liability is needed for persons who use AEDs in perceived
        medical emergencies, who own or hold other property interests
        in AEDs used in perceived medical emergencies, or who own,
        occupy, or manage premises in which an AED is used or from
        which an AED is taken for use in a perceived medical emergency.

SEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL
              DEFIBRILLATORS.

    Section 248 of the Public Health Service Act (42 U.S.C. 238q) is
amended to read as follows:

``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL
              DEFIBRILLATORS.

    ``(a) Good Samaritan Protections.--Except as provided in subsection
(e), in the case of a person who--
            ``(1) uses or attempts to use an automated external
        defibrillator device on a victim of a perceived medical
        emergency, and
            ``(2) is not the owner-acquirer (as defined in subsection
        (c)(2)) of the device,
such person is immune from civil liability for any harm resulting from
the use or attempted use of such device by such person.
    ``(b) Premises Owner/Lessee/Manager Protections.--Except as
provided in subsection (e), in the case of a person who--
            ``(1) owns, occupies under a lease or similar arrangement,
        or manages--
                    ``(A) the premises at which an automated external
                defibrillator device is used or attempted to be used on
                a victim of a perceived medical emergency, or
                    ``(B) the premises from which an automated external
                defibrillator device used or attempted to be used on a
                victim of a perceived medical emergency is taken for
                such use, and
            ``(2) is not the owner-acquirer of such device,
such person is immune from civil liability for any harm resulting from
such use or attempted use of such device.
    ``(c) Device Owner-Acquirer Protections.--
            ``(1) In general.--Except as provided in subsection (e), an
        owner-acquirer of an AED is immune from civil liability for any
        harm resulting from the use or attempted use of such device,
        unless the harm was proximately caused by the failure of the
        owner-acquirer to properly maintain the device according to the
        guidelines of the device manufacturer.
            ``(2) Owner-acquirer defined.--For purposes of this
        section, the term `owner-acquirer' means any person who owns or
        has otherwise acquired a possessory property interest in an AED
        that is used or attempted to be used on a victim of a perceived
        medical emergency.
    ``(d) Applicability of Immunity in Certain Circumstances.--The
immunity provided by subsections (a), (b), and (c) of this section
shall apply regardless of whether--
            ``(1) the AED that is used or attempted to be used is
        marked with or accompanied by cautionary signage;
            ``(2) the AED that is used or attempted to be used is
        registered with any government;
            ``(3) the person who used or attempted to use the AED saw,
        read, understood, complied with, or attempted to comply with
        any cautionary signage present;
            ``(4) the person who used or attempted to use the AED had
        received any training relating to the use of (a) AEDs in
        general or (b) the particular AED used or attempted to be used;
        or
            ``(5) the person who used or attempted to use the AED was
        assisted or supervised by any other person, including but not
        limited to a licensed physician.
    ``(e) Inapplicability of Immunity in Certain Circumstances.--
Notwithstanding anything to the contrary in subsection (d) of this
section, immunity under subsection (a), (b), or (c)(1) does not apply
to a person if--
            ``(1) such person's willful or criminal misconduct, gross
        negligence, reckless misconduct, or a conscious, flagrant
        indifference to the rights or safety of the victim proximately
        caused the harm involved;
            ``(2) such person is a licensed or certified health
        professional who used the automated external defibrillator
        device while acting within the scope of the license or
        certification of the professional and within the scope of the
        employment or agency of the professional;
            ``(3) such person is a hospital, clinic, or other entity
        whose purpose is providing health care directly to patients,
        and the harm was caused by an employee or agent of the entity
        who used the device while acting within the scope of the
        employment or agency of the employee or agent; or
            ``(4) such person is an owner-acquirer of the device who
        leased the device to a health care entity (or who otherwise
        provided the device to such entity for compensation without
        selling the device to the entity), and the harm was caused by
        an employee or agent of the entity who used the device while
        acting within the scope of the employment or agency of the
        employee or agent.
    ``(f) Rules of Construction.--
            ``(1) In general.--The following apply with respect to this
        section:
                    ``(A) This section does not establish any cause of
                action, or require that an automated external
                defibrillator device be placed at any building or other
                location. This section does not preempt any State law
                requiring that an automated external defibrillator be
                placed at any building or other location.
                    ``(B) With respect to the class of persons for
                which this section provides immunity from civil
                liability, this section preempts the law of any State
                to the extent that the otherwise-applicable State law
                would allow for civil liability in any circumstance
                where this section would provide immunity from civil
                liability. This section does not preempt any State law
                providing immunity from civil liability in any
                circumstance for which this section would not provide
                such immunity.
                    ``(C) This section does not waive any protection
                from liability for Federal officers or employees
                under--
                            ``(i) section 233 of this title; or
                            ``(ii) sections 1346(b), 2672, and 2679 of
                        title 28, United States Code, or under
                        alternative benefits provided by the United
                        States where the availability of such benefits
                        precludes a remedy under section 1346(b) of
                        such title 28.
            ``(2) Civil actions under federal law.--
                    ``(A) In general.--The applicability of subsections
                (a), (b), (c), (d), and (e) includes applicability to
                any action for civil liability described in subsection
                (a), (b), or (c) that arises under Federal law.
                    ``(B) Federal areas adopting state law.--If a
                geographic area is under Federal jurisdiction and is
                located within a State but out of the jurisdiction of
                the State, and if, pursuant to Federal law, the law of
                the State applies in such area regarding matters for
                which there is no applicable Federal law, then an
                action for civil liability described in subsection (a),
                (b), or (c) that in such area arises under the law of
                the State is subject to subsections (a) through (f) in
                lieu of any related State law that would apply in such
                area in the absence of this subparagraph.
    ``(g) Federal Jurisdiction.--
            ``(1) In any civil action arising under State law, the
        courts of the State involved have jurisdiction to apply the
        provisions of this section.
            ``(2) The actual, asserted, or potential application of any
        provision of this section in any civil action or as to any
        civil claim shall not establish the original jurisdiction of
        the Federal courts over such action or claim under section 1331
        of title 28, United States Code.
    ``(h) Definitions.--
            ``(1) Perceived medical emergency.--For purposes of this
        section, the term `perceived medical emergency' means
        circumstances in which the behavior of an individual leads a
        reasonable person to believe that the individual is
        experiencing a life-threatening medical condition that requires
        an immediate medical response regarding the heart or other
        cardiopulmonary functioning of the individual.
            ``(2) Other definitions.--For purposes of this section:
                    ``(A) The term `automated external defibrillator
                device' or `AED' means a defibrillator device that--
                            ``(i) is commercially distributed in
                        accordance with the Federal Food, Drug, and
                        Cosmetic Act;
                            ``(ii) is capable of recognizing the
                        presence or absence of ventricular
                        fibrillation, and is capable of determining
                        without intervention by the user of the device
                        whether defibrillation should be performed;
                            ``(iii) upon determining that
                        defibrillation should be performed, is able to
                        deliver an electrical shock to an individual;
                        and
                            ``(iv) in the case of a defibrillator
                        device that may be operated in either an
                        automated or a manual mode, is set to operate
                        in the automated mode.
                    ``(B) The term `cautionary signage' means, with
                respect to an AED, any verbal or non-verbal markings or
                language purporting to limit use of the AED by members
                of the general public or to permit use of the AED only
                by persons with specific skills, qualifications, or
                training.
                    ``(C)(i) The term `harm' includes physical,
                nonphysical, economic, and noneconomic losses.
                    ``(ii) The term `economic loss' means any pecuniary
                loss resulting from harm (including the loss of
                earnings or other benefits related to employment,
                medical expense loss, replacement services loss, loss
                due to death, burial costs, and loss of business or
                employment opportunities) to the extent recovery for
                such loss is allowed under applicable State law.
                    ``(iii) The term `noneconomic losses' means losses
                for physical and emotional pain, suffering,
                inconvenience, physical impairment, mental anguish,
                disfigurement, loss of enjoyment of life, loss of
                society and companionship, loss of consortium (other
                than loss of domestic service), hedonic damages, injury
                to reputation and all other nonpecuniary losses of any
                kind or nature.''.

Output: Cardiac Arrest Survival Act of 2015 This bill amends the Public Health Service Act to expand immunity from civil liability related to automated external defibrillator devices (AEDs), including by giving immunity to: (1) a person who owns, occupies, or manages the premises from which an AED is taken or at which an AED is used; and (2) the owner of an AED for any harm resulting from the use of the AED, unless the harm was caused by the failure of the owner to properly maintain the AED. This immunity applies regardless of whether: (1) the AED is marked with cautionary signage or registered with any government; or (2) the person who used the AED complied with signage, had received training on use of the AED, or was assisted or supervised, including by a licensed physician.