SECTION 1. SHORT TITLE. This Act may be cited as the ``Trucking Industry Regulatory Reform Act of 1994''. SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3. PURPOSE. The purpose of this Act is to enhance competition, safety, and efficiency in the motor carrier industry and to enhance efficiency in government. SEC. 4. TRANSPORTATION POLICY. Section 10101(a)(2) (relating to transportation policy) is amended-- (1) by redesignating subparagraphs (A) through (I) as subparagraphs (C) through (K), respectively, and (2) by inserting before subparagraph (C) (as so redesignated) the following: ``(A) encourage fair competition, and reasonable rates for transportation by motor carriers of property; (B) promote Federal regulatory efficiency in the motor carrier transportation system and to require fair and expeditious regulatory decisions when regulation is required;''. SEC. 5. EXEMPTIONS. (a) In General.--Section 10505 (relating to authority to exempt rail carrier transportation) is amended-- (1) by inserting ``, or a motor carrier providing transportation of property other than household goods,'' after ``rail carrier providing transportation'' in subsection (a), (2) by inserting ``section 10101 or'' before ``section 10101a'' in subsection (a)(1) and subsection (d), and (3) by inserting ``, or a motor carrier providing transportation of property other than household goods,'' after ``rail carrier'' in subsection (f). (b) Clerical Amendments.-- (1) The caption of section 10505 is amended by inserting ``and motor carrier'' after ``rail carrier''. (2) The chapter analysis for chapter 105 is amended by inserting ``and motor carrier'' after ``rail carrier'' in the item relating to section 10505. SEC. 6. TARIFF FILING. (a) Authority to Establish Rates.--Section 10702(b) (relating to authority for carriers to establish rates, classifications, rules, and practices) is amended by inserting ``, except a motor contract carrier of property other than household goods,'' after ``A contract carrier''. (b) Prohibition of Transportation Without Tariff.--Section 10761(a) (relating to transportation prohibited without tariff) is amended-- (1) by inserting ``(except a motor common carrier providing transportation of property other than household goods)'' after ``chapter 105 of this title'', and (2) by striking out ``That carrier'' in the second sentence and inserting ``A carrier subject to this subsection''. (c) General Tariff Requirement.--Section 10762(a)(1) (relating to general tariff requirement) is amended-- (1) by inserting ``(except a motor common carrier providing transportation of property other than household goods)'' after ``A motor common carrier'' in the second sentence, (2) by inserting ``(except a motor common carrier providing transportation of property other than household goods) after ``carriers'' in the third sentence, and (3) by striking the last sentence and inserting the following: ``A motor contract carrier of property is not required to publish or file actual or minimum rates under this subtitle.''. (d) Proposed Rate Changes.--Section 10762(c)(2) (relating to rate changes) is amended by inserting ``(except a motor common carrier of property)'' after ``contract carrier''. (e) Effect on Negotiated Rates Act.--Section 10762 (relating to general tariff requirements) is amended by adding at the end thereof the following new subsection: ``(g) Nothing in this section shall affect the application of the provisions of the Negotiated Rates Act of 1993 (or the amendments made by that Act) to undercharge claims for transportation provided prior to the date of enactment of the `Trucking Industry Regulatory Reform Act of 1994'.''. SEC. 7. MOTOR COMMON CARRIER LICENSING. (a) In General.--Section 10922 (relating to certification of motor and water carriers) is amended-- (1) by redesignating subsections (b) through (l) as (c) through (m), respectively, and by inserting after subsection (a) the following new subsection: ``(b)(1) Except as provided in this section, the Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of property if the Commission finds that the person is able to comply with-- ``(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission, ``(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), and ``(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of this title. ``(2) In making a finding under paragraph (1), the Commission shall consider and, to the extent applicable, make findings on, any evidence demonstrating that the applicant is unable to comply with the requirements of subparagraph (A), (B), or (C) of that paragraph. ``(3) The Commission, pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for authority to operate as a motor carrier under this section to be unfit if the applicant does not meet the safety fitness requirements under paragraph (1)(B) of this subsection and shall deny the application. ``(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, the safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection.''. (b) Public Convenience and Necessity.--Section 10922(c) (relating to public convenience and necessity) as redesignated by subsection (a), is amended-- (1) by striking ``carrier of property'' in paragraph (1) and inserting ``carrier of household goods'', (2) by striking paragraphs (4) and (6) and redesignating paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), respectively, (3) by striking ``carrier holding authority under paragraph (4)(D) of this subsection'' in paragraph (4) (as redesignated) and inserting ``motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds'', (4) by inserting ``of household goods'' after ``No motor common carrier'' in paragraph (5) (as redesignated), (5) by inserting ``of household goods'' after ``No motor common carrier'' in paragraph (6) (as redesignated), and (6) by striking ``Notwithstanding the provisions of paragraph (4) of this subsection, the provisions'' in paragraph (7) (as redesignated) and inserting ``The provisions''. (c) Certificate Specifications.--Section 10922(f)(1) (relating to specifications for certificate), as redesignated by subsection (a) of this section, is amended by inserting ``of household goods or passengers'' after ``motor common carrier''. (d) Public Convenience and Necessity.--Section 10922(h)(1) (relating to public convenience and necessity), as redesignated by subsection (a) of this section, is amended by inserting ``of household goods or passengers'' after ``motor common carrier''. SEC. 8. MOTOR CONTRACT CARRIER LICENSING. (a) Authority to Issue Permits.--Section 10923(a) (relating to authority to issue permits) is amended by inserting ``of household goods or passengers'' after ``motor common carrier''. (b) Household Goods Permits.--Section 10923 (relating to permits of motor and water contract carriers and household goods freight forwarders) is amended by redesignating subsections (b) through (e) as (c) through (f), respectively, and by inserting after subsection (a) the following new subsection: ``(b)(1) Except as provided in this section and section 10930 of this title, the Commission shall issue a permit to a person authorizing the person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor contract carrier of property other than household goods if the Commission finds that the person is able to comply with-- ``(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission, ``(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), and ``(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of this title. ``(2) In deciding whether to approve the application of a person for a permit as a motor contract carrier of property other than household goods the Commission shall consider any evidence demonstrating that the applicant is unable to comply with this subtitle, the regulations of the Commission, safety requirements of the Commission, or the safety fitness and minimum financial responsibility requirements of subsection (b)(1). ``(3) The Commission, pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for authority to operate as a motor carrier of property other than household goods under this subsection to be unfit if the applicant does not meet the safety fitness requirements of paragraph (1)(B) of this subsection and shall deny the application. ``(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1).''. (c) Application Filing Requirements.--Section 10923(c) (relating to application filing requirements), as redesignated by subsection (b) of this section, is amended-- (1) by striking ``motor contract carrier of property'' in paragraphs (3) and (4) and inserting ``motor contract carrier of household goods'', (2) by striking paragraph (5) and redesignating paragraphs (6) and (7) as (5) and (6), respectively, and (3) by striking ``motor carriers of property'' in paragraph (5) (as redesignated) and inserting ``motor carriers of household goods''. (d) Conditions of Transportation or Service.--Section 10923(e) (relating to conditions of transportation or service), as redesignated by subsection (b) of this section, is amended-- (1) by inserting ``of passengers or household goods'' after ``contract carrier'' in paragraph (1), and (2) by striking ``each person or class of persons (and, in the case of a motor contract carrier of passengers, the number of persons)'' in paragraph (2) and inserting ``in the case of a motor contract carrier of passengers, the number of persons,''. SEC. 9. REVOCATION OF MOTOR CARRIER AUTHORITY. Section 10925(d)(1) (relating to effective periods of certificates, permits, and licenses) is amended-- (1) by striking ``if a motor carrier or broker'' in subparagraph (A) and inserting ``if a motor carrier of passengers, motor common carrier of household goods, or broker'', (2) by striking ``and'' at the end of subparagraph (A), (3) by redesignating subparagraph (B) as (D) and inserting after subparagraph (A) the following new subparagraphs: ``(B) if a motor contract carrier of property, for failure to comply with section 10701, 10924(e), or 10927 (b) or (d) of this subtitle; ``(C) if a motor contract carrier of property other than household goods, for failure to comply with section 10701, 10702, 10924(e), or 10927 (b) or (d) of this subtitle; and''. SEC. 10. STUDY OF MERGER OF FEDERAL MARITIME COMMISSION AND INTERSTATE COMMERCE COMMISSION. The Secretary of Transportation shall study the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the Interstate Commerce Commission with respect to the cost savings that might be achieved by such a merger, the efficient allocation of resources, the elimination of unnecessary functions, and responsibility for regulatory functions. The Secretary shall report his findings to the Congress within 6 months after the date of enactment of this Act. SEC. 11. STUDY OF ADDITIONAL REFORMS. The Interstate Commerce Commission, in consultation with the Secretary of Transportation, shall prepare and submit to the Congress with six months after the date of enactment of this Act a report identifying and analyzing all regulatory responsibilities of the Commission. The Commission shall make recommendations to the Congress on the basis of the study concerning specific statutory functions of the Commission that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and to enhance efficiency in government.

Summary: Trucking Industry Regulatory Reform Act of 1994 - Amends the Interstate Commerce Act to include as objectives of U.S. transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) encourage fair competition and reasonable rates for transportation by motor carriers of property; (2) promote Federal regulatory efficiency in the motor carrier transportation system; and (3) require fair and expeditious regulatory decisions when regulation is required. (Sec. 5) Requires the Interstate Commerce Commission (ICC) to exempt motor carriers of non-household goods from its jurisdiction in specified circumstances, including when such transportation is part of a continuous intermodal movement. (Sec. 6) Exempts a motor contract carrier of non-household goods from requirements that contract carriers establish, and file with the ICC, actual and minimum rates and related rules and practices. Exempts motor common carriers of non-household goods from requirements that carriers: (1) provide transportation or service only if the rate is contained in a tariff; and (2) publish and file with the ICC tariffs containing such rates. (Sec. 7) Requires the ICC to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if it finds such person able to comply with such Act, ICC regulations, and specified safety, safety fitness, and minimum financial responsibility requirements. (Sec. 8) Specifies requirements which, if met, compel the ICC to issue a permit authorizing a person to provide transportation as a motor contract carrier of household goods, passengers, or non-household goods. (Sec. 9) Authorizes the ICC to suspend a certificate or permit of a motor carrier of passengers, motor common carrier of household goods, a motor contract carrier of property, or a motor contract carrier of non-household goods if specified requirements are not met. (Sec. 10) Directs the Secretary to study and report to the Congress on the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the ICC with respect to cost savings that may be achieved, the efficient allocation of resources, elimination of unnecessary functions, and responsibility for regulatory functions. (Sec. 11) Directs the ICC to report to the Congress an analysis of all ICC regulatory responsibilities, with recommendations about specific statutory functions of the ICC that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and efficiency in government.


SECTION 1. SHORT TITLE. This Act may be cited as the ``African Free Trade Initiative Act''. SEC. 2. FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES. (a) Plan Requirements and Reporting.--Section 116 of the African Growth and Opportunity Act (19 U.S.C. 3723) is amended by striking subsections (b) and (c) and inserting the following: ``(b) Plan Requirement.-- ``(1) In general.--The President shall develop a plan for the purpose of negotiating and entering into one or more free trade agreements with all sub-Saharan African countries. The plan shall identify the 15 countries or groups of countries that are most ready for a free trade agreement with the United States. ``(2) Elements of plan.--The plan required by paragraph (1) shall include, for each sub-Saharan African country, the following: ``(A) The steps such sub-Saharan African country needs to be equipped and ready to enter into a free trade agreement with the United States, including the development of a bilateral investment treaty. ``(B) Milestones for accomplishing each step identified in subparagraph (A) for each sub-Saharan African country, with the goal of establishing a free trade agreement with each sub-Saharan African country not later than 10 years after the date of the enactment of the African Free Trade Initiative Act. ``(C) A description of the resources required to assist each sub-Saharan African country in accomplishing each milestone described in subparagraph (B). ``(D) The extent to which steps described in subparagraph (A), the milestones described in subparagraph (B), and resources described in subparagraph (C) may be accomplished through regional or subregional organizations in sub-Saharan Africa, including the East African Community, the Economic Community of West African States, the Common Market for Eastern and Southern Africa, and the Economic Community of Central African States. ``(E) Procedures to ensure the following: ``(i) Adequate consultation with Congress and the private sector during the negotiations. ``(ii) Consultation with Congress regarding all matters relating to implementation of the agreement or agreements. ``(iii) Approval by Congress of the agreement or agreements. ``(iv) Adequate consultations with the relevant African governments and African regional and subregional intergovernmental organizations during the negotiation of the agreement or agreements. ``(c) Reporting Requirement.--Not later than 12 months after the date of the enactment of the African Free Trade Initiative Act, the President shall prepare and transmit to Congress a report containing the plan developed pursuant to subsection (b).''. (b) Millennium Challenge Compacts.--After the date of the enactment of this Act, the United States Trade Representative and Administrator of the United States Agency for International Development shall consult and coordinate with the Chief Executive Officer of the Millennium Challenge Corporation regarding countries that have entered into a Millennium Challenge Compact pursuant to section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) that have been declared eligible to enter into such a Compact for the purpose of developing and carrying out the plan required by subsection (b) of section 116 of the African Growth and Opportunity Act (19 U.S.C. 3723), as amended by subsection (a). SEC. 3. COORDINATION OF USAID WITH FREE TRADE AGREEMENT POLICY. (a) Authorization of Funds.--Funds made available after the date of enactment of this Act to the United States Agency for International Development under section 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2293) may be used in consultation with the United States Trade Representative-- (1) to carry out subsection (b) of section 116 of the African Growth and Opportunity Act (19 U.S.C. 3723), as amended by section 2(a), including for the deployment of resources in individual eligible countries to assist such country in the development of institutional capacities to carry out such subsection (b); and (2) to coordinate the efforts of the United States to establish free trade agreements in accordance with the policy set out in subsection (a) of such section 116. (b) Definitions.--In this section: (1) Eligible country.--The term ``eligible country'' means a sub-Saharan African country that receives-- (A) benefits under the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.); and (B) funding from the United States Agency for International Development. (2) Sub-saharan african country.--The term ``sub-Saharan African country'' has the meaning given that term in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706).

Summary: African Free Trade Initiative Act This bill amends the African Growth and Opportunity Act to revise certain plan and reporting requirements relating to the President's negotiating and entering into free trade agreements with interested beneficiary sub-Saharan African countries. The President shall develop a plan for negotiating and entering into one or more free trade agreements with 15 of the sub-Saharan African countries that are most ready for a free trade agreement with the United States. The United States Trade Representative and the U.S. Agency for International Development (USAID) shall coordinate with the Millennium Challenge Corporation regarding countries with shared development objectives that have entered into a Millennium Challenge Compact in order to develop and carry out such plans. USAID long-term development assistance funds for sub-Saharan Africa may be used to: carry out plans, including deployment of resources in individual eligible sub-Saharan African countries to assist them in the development of institutional capacities to carry out those plans; and coordinate U.S. efforts to establish free trade agreements in order to increase trade between the United States and sub-Saharan African countries, as well as investment in those countries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Diamond-Blackfan Anemia Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Diamond-Blackfan anemia is a rare genetic bone marrow failure disorder, which develops in infancy and results in severe anemia due to failure to make red blood cells. (2) Diamond-Blackfan anemia patients have an increased risk of leukemia, solid tumors, and complete bone marrow failure. (3) Fifty percent of patients with Diamond-Blackfan anemia are born with birth defects, including abnormalities to the face, head, upper arm and hand, genitourinary, and heart, and 21 percent of the affected patients have more than 1 defect. (4) Treatments for Diamond-Blackfan anemia, including the use of blood transfusions and steroids such as prednisone, have potential long-term side effects, including osteoporosis, iron overload (because of the transfusions), and impaired growth (because of the steroids). (5) The only cure for Diamond-Blackfan anemia is a bone marrow transplant, a procedure that carries serious risks and, since most patients lack an acceptable donor, is an option for only about 25 percent of patients. (6) Because Diamond-Blackfan anemia is a genetic disorder of red cell production and a cancer predisposition syndrome with a high rate of congenital anomalies, the Federal investment regarding Diamond-Blackfan anemia must be expanded to allow the careful dissection of this disease, which will provide valuable insights into the biology of blood disorders and cancer predisposition and serve as an important model for understanding the genetics of birth defects. SEC. 3. DIAMOND-BLACKFAN ANEMIA. (a) DBA-Related Activities of NIH.--Part A of title IV of the Public Health Service Act is amended by inserting after section 404G (42 U.S.C. 283i) the following: ``diamond-blackfan anemia ``Sec. 404H. (a) In General.--The Director of NIH, in coordination with the Directors of the National Heart, Lung, and Blood Institute, the National Institute of Diabetes and Digestive and Kidney Diseases, and the Office of Rare Diseases, shall expand and intensify research and related activities of the National Institutes of Health with regard to Diamond-Blackfan anemia. ``(b) Comprehensive Research Initiative.-- ``(1) In general.--In carrying out this section, the Director of NIH shall make grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative to study, develop better treatments for, and ultimately find a cure for Diamond-Blackfan anemia. ``(2) Research.--The initiative supported under this subsection may include research on the following: ``(A) The links of Diamond-Blackfan anemia to chronic diseases. ``(B) Red cell differentiation. ``(C) The pathophysiology of Diamond-Blackfan anemia. ``(D) The relationship between Diamond-Blackfan anemia and predisposition to cancer. ``(E) Congenital anomalies in Diamond-Blackfan anemia patients.''. (b) DBA-Related Activities of CDC.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended-- (1) by moving section 317R so that it follows section 317Q; and (2) by inserting after section 317R the following: ``SEC. 317S. REGISTRY AND CLINICAL CARE CENTER FOR DIAMOND-BLACKFAN ANEMIA. ``(a) Registry.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall maintain and expand the Diamond-Blackfan Anemia Registry (in this section referred to as the `Registry'). ``(b) Comprehensive Clinical Care Center.-- ``(1) Establishment.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a comprehensive clinical care center for Diamond-Blackfan anemia where a majority of the patients with the disease are examined, treated, and tracked through the Registry, by experts in the disease. ``(2) Duties.--The center established under this section shall-- ``(A) gather and analyze extensive data on Diamond- Blackfan anemia to be used for public, non-profit, and government research initiatives involving gene discovery, ribosomal protein function, genetics of birth defects, blood cell formation (recovery from cancer chemotherapy), cancer predisposition, red cell differentiation, and a comparison of therapeutic treatments including blood transfusion, steroids, and bone marrow transplants; ``(B) provide thorough examinations of Diamond- Blackfan anemia patients by experts in the disease to confirm diagnosis and provide genetic typing along with a multi-system evaluation; and ``(C) provide clinical care for Diamond-Blackfan anemia.''.

Summary: Diamond-Blackfan Anemia Research and Care Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health, in coordination with other specified officials, to expand and intensify research and related activities of the Institute with regard to Diamond-Blackfan Anemia. States that the Director shall as part of such effort award grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative.Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) maintain and expand the Diamond-Blackfan Anemia Registry; and (2) establish a comprehensive clinical care center for Diamond-Blackfan Anemia.


SECTION 1. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS CONVICTED OF COMMITTING CAPITAL OFFENSES MAY BE INTERRED IN NATIONAL CEMETERIES. (a) Prohibition of Interment in National Cemetery.--Section 2411 of title 38, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``for which the person was sentenced to death or life imprisonment''; and (B) in paragraph (2), by striking ``for which the person was sentenced to death or life imprisonment without parole''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``the death penalty or life imprisonment'' and inserting ``a life sentence or the death penalty''; and (B) in paragraph (2), by striking ``the death penalty or life imprisonment without parole may be imposed'' and inserting ``a life sentence or the death penalty may be imposed''. (b) Rulemaking.--The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law. SEC. 2. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS COMMITTING CAPITAL OFFENSES ARE DENIED INTERMENT IN MILITARY CEMETERIES AND FUNERAL HONORS. (a) Prohibition of Interment in Military Cemetery.--Section 985 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``who has been convicted '' and all that follows through ``without parole'' and inserting ``described in section 2411(b) of title 38''; (2) in subsection (b), by striking ``convicted of a capital offense under Federal law'' and inserting ``described in section 2411(b) of title 38''; and (3) by striking subsection (c) and inserting the following: ``(c) Definition.--In this section, the term `burial' includes inurnment.''. (b) Denial of Funeral Honors.--Section 1491(h) of title 10, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Exception for Veterans Convicted of Committing Capital Crimes.--In accordance with section 985(a) of this title, the Secretary of Defense shall not ensure that funeral honors are provided under this section for a person described in section 2411(b) of title 38.''. (c) Rulemaking.--The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in a cemetery referred to in paragraph (1), (2), or (3) of section 985(b) of title 10, United States Code, or provided funeral honors under section 1491 of such title unless a good faith effort has been made to determine whether such person is a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law. SEC. 3. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON NATIONAL CEMETERY. (a) Findings.--Congress finds the following: (1) Arlington National Cemetery is a national shrine that memorializes the honorable service of members of the Armed Forces who have defended the freedoms that all Americans enjoy. (2) The inclusion among the honored dead interred at Arlington National Cemetery of persons who have committed particularly notorious, heinous acts brings dishonor to those honored dead and disrespect to their loved ones. (3) The removal from Arlington National Cemetery of the remains of a person who has committed a heinous act would not be an act of punishment against that person, but rather an act that would preserve the sacredness of the cemetery grounds. (b) Removal of Remains.-- (1) Removal.--The Secretary of the Army shall remove the remains of Russell Wayne Wagner from Arlington National Cemetery. (2) Notification of next-of-kin.--On or before the date on which the remains of Russell Wayne Wagner are removed, the Secretary of the Army shall notify the next-of-kin of record for Russell Wayne Wagner of the removal of his remains (3) Reinternment.--Upon the removal of the remains of Russell Wayne Wagner, the Secretary of the Army shall arrange for the internment or inurnment of those remains in a public or private cemetery or, if requested, relinquish the remains to the next-of-kin of record.

Summary: Prohibits the interment or memorialization in a national or military cemetery of, or the performance of military funeral honors for, any person convicted of a federal or state capital crime for which a life sentence or the death penalty may be imposed. (Currently, such prohibition extends only to those so convicted who have been sentenced to death or life imprisonment without parole.) Directs the Secretaries of Veterans Affairs and Defense to prescribe regulations to ensure that a person is not interred in a national or military cemetery or provided funeral honors unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors. Directs the Secretary of the Army to remove the remains of Russell Wayne Wagner from Arlington National Cemetery.


SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE. (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``canadian transboundary movement of municipal solid waste ``Sec. 4011. (a) Prohibition.--No person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement. ``(b) Administrator's Authority.--The Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Beginning immediately upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall-- ``(1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and ``(2) consider the impact of the importation on-- ``(A) continued public support for and adherence to State and local recycling programs; ``(B) landfill capacity as provided in comprehensive waste management plans; ``(C) air emissions from increased vehicular traffic; ``(D) road deterioration from increased vehicular traffic; and ``(E) public health and the environment. ``(c) Compliance Orders.--(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. ``(d) Public Hearing.--Any order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. ``(e) Violation of Compliance Orders.--If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.''. (b) Table of Contents Amendment.--The table of contents of such subtitle D is amended by adding at the end the following new item: ``Sec. 4011. Canadian transboundary movement of municipal solid waste.''. SEC. 2. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is further amended by adding at the end the following new section: ``SEC. 4012. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Authority.--A State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. ``(b) Effect on Interstate and Foreign Commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(c) Definitions.--For purposes of this section: ``(1) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(2) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is further amended by adding at the end the following new item: ``Sec. 4012. International transportation and disposal of municipal solid waste.''.

Summary: Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste or any regulation implementing such agreement. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) perform the functions of the Designated Authority of the United States with respect to such importation and exportation under the agreement; and (2) implement and enforce the notice and consent provisions of the agreement as well as its other provisions. Sets forth factors to consider in determining whether to consent to the importation of municipal solid waste. Requires that the views of States be given substantial weight. Authorizes the Administrator to issue orders assessing civil penalties, requiring compliance, or both, or to commence civil actions in U.S. district court to address violations of this Act. Limits civil penalties assessed pursuant to an administrative order to $25,000 per day of noncompliance. Authorizes persons subject to administrative orders to request a public hearing. Authorizes States to enact laws imposing limitations (including prohibitions) on the receipt and disposal of foreign municipal solid waste. States that no such action shall be considered to impose an undue burden on interstate or foreign commerce.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Fairness for Seniors Act''. SEC. 2. MEDICARE PART B PREMIUM FOR 2010. Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(5) The monthly premium under this subsection for 2010 shall be the monthly premium under this subsection for 2009.''; and (2) in subsection (i)(3)(A), by adding after and below clause (ii) the following: ``In applying clause (ii) for 2010, the monthly actuarial rate described in such clause shall be such monthly actuarial rate for 2009.''. SEC. 3. EXTENSION OF CERTAIN ECONOMIC RECOVERY PAYMENTS. (a) In General.--Section 2201 of the American Recovery and Reinvestment Tax Act of 2009 is amended-- (1) by inserting ``in each of calendar years 2009 and 2010'' after ``the Secretary of the Treasury shall disburse'' in subsection (a)(1)(A); (2) by inserting ``(for purposes of payments made for calendar year 2009), or the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of the Economic Fairness for Seniors Act (for purposes of payments made for calendar year 2010)'' after ``the month that includes the date of the enactment of this Act'' in subsection (a)(1)(A); (3) by inserting ``(for purposes of payments made under this paragraph for calendar year 2009), or the 3 month period ending with the month which ends prior to the month that includes the date of the enactment of the Economic Fairness for Seniors Act (for purposes of payments made under this paragraph for calendar year 2010)'' after ``the month that includes the date of the enactment of this Act'' in subsection (a)(1)(B)(iii); (4) by inserting ``for any calendar year'' after ``1 payment under this section'' in subsection (a)(3); (5) by inserting ``An individual who is entitled to, or eligible for, a benefit or cash payment described in paragraph (1) in both of the 3-month periods described in paragraph (1)(A) shall be paid a payment under this section in each of calendar years 2009 and 2010.'' at the end of paragraph (3) of subsection (a); (6) by inserting ``in same year'' after ``No double payments'' in the heading of paragraph (3) of subsection (a); (7) by inserting ``applicable'' before ``3-month period'' in subsection (a)(4)(A); (8) by inserting ``applicable'' before ``3 month period'' in subsection (a)(4)(B); (9) by inserting ``for purposes of payments made for calendar year 2009, or after December 31, 2011, for purposes of payments made for calendar year 2010,'' after ``December 31, 2010,'' in subsection (a)(5)(B); (10) by striking ``2011'' in subsection (e) and inserting ``2012''; (11) by striking ``$90,000,000'' in subsection (e)(2)(B) and inserting ``$135,000,000''; (12) by striking ``$1,400,000'' in subsection (e)(3)(B) and inserting ``$2,100,000''; (13) by striking ``$100,000'' in subsection (e)(4)(A)(ii) and inserting ``$150,000''; and (14) by striking ``$7,100,000'' in subsection (e)(4)(A)(ii) and inserting ``$10,650,000''. (b) Extension of Special Credit for Certain Government Retirees.-- In the case of an eligible individual (as defined in section 2202(b) of the American Recovery and Reinvestment Tax Act of 2009, applied by substituting ``2010'' for ``2009''), with respect to the first taxable year of such individual beginning in 2010, section 2202 of the American Recovery and Reinvestment Tax Act of 2009 shall be applied by substituting ``2010'' for ``2009'' each place it appears. SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) Study.--The Bureau of Labor Statistics of the Department of Labor shall study whether a consumer price index for elderly consumers (CPI-E) more accurately reflects the true costs of inflation for elderly Americans than the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) and if the elderly are being financially disadvantaged by the use of the CPI-W in the determination of current benefit levels and, if so, shall prepare such a CPI-E. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Bureau of Labor Statistics of the Department of Labor shall report to Congress the results of the study required under subsection (a) and, if appropriate, the creation of a consumer price index for elderly consumers that more accurately reflects the true cost of inflation for the elderly. SEC. 5. OFFSET THROUGH REDUCTION IN TARP FUNDS. Paragraph (3) of section 115(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225) is amended by striking ``$1,259,000,000'' and inserting ``$39,259,000,000''.

Summary: Economic Fairness for Seniors Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to keep the same Medicare part B premium for 2010 that was in effect for 2009. Amends the American Recovery and Reinvestment Tax Act of 2009 (ARRA) to require an additional economic recovery payment (of $250) in calendar 2010 to certain beneficiaries of SSA title II (Old-Age, Survivors, and Disability Insurance) (OASDI), railroad retirement, or veterans benefits. Makes appropriations to fund such payments. Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to study and report to Congress on: (1) whether a consumer price index for elderly consumers (CPI-E) more accurately reflects the true costs of inflation for elderly Americans than the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); and (2) if the elderly are being financially disadvantged by the use of the CPI-W in the determination of current benefit levels. Requires the BLS to prepare such a CPI-E if elderly Americans are disadvantaged by the CPI-W. Amends the Emergency Economic Stabilization Act of 2008 (EESA) to offset the expenses of this Act through a reduction in Troubled Asset Relief Program (TARP) Funds.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Combatting Proliferation of Weapons of Mass Destruction Act of 1996''. TITLE I--ASSESSMENT OF PROGRAMS AND POLICIES FOR COMBATTING PROLIFERATION SEC. 101. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission on Programs and Policies for Combatting the Proliferation of Weapons of Mass Destruction (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 12 members of whom-- (1) 6 shall be appointed by the President; (2) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate; and (3) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (g) Meetings.--The Commission shall meet at the call of the Chairman. SEC. 102. DUTIES OF COMMISSION. (a) Study.-- (1) In general.--The Commission shall carry out a thorough study of the organization, policies, and programs of the U.S. Government related to combatting the proliferation of weapons of mass destruction. (2) Specific requirements.--In carrying out the study, the Commission shall-- (A) assess the effectiveness of the policies and programs of all departments and agencies of the Federal Government including the intelligence community in meeting the national security interests of the United States with respect to the proliferation of such weapons; and (B) assess the current structure and organization of all Federal agencies of the intelligence community and the intelligence-gathering services of foreign governments in addressing issues relating to the proliferation of such weapons. (b) Recommendations.--In conducting the study, the Commission shall develop recommendations on means of improving the effectiveness of the organization, policies, programs of the intelligence community, and the programs and policies of the other departments and agencies of the Federal Government, in meeting the national security interests of the United States with respect to the proliferation of weapons of mass destruction. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress a report containing a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 103. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this title. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 104. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including traveltime) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 105. TERMINATION OF COMMISSION. The Commission shall terminate 60 days after the date on which the Commission submits its report under section 102(c). SEC. 106. DEFINITION. For purposes of this title, the term ``intelligence community'' shall have the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for the Commission for fiscal year 1996 such sums as may be necessary for the Commission to carry out its duties under this title. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until the termination of the Commission under section 105. TITLE II--OTHER MATTERS SEC. 201. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS. (a) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Director of Central Intelligence shall submit to Congress a report on-- (1) the acquisition by foreign countries during the preceding 6 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) and advanced conventional munitions; and (2) trends in the acquisition of such technology by such countries. (b) Form of Reports.--The reports submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Summary: TABLE OF CONTENTS: Title I: Assessment of Programs and Policies for Combatting Proliferation Title II: Other Matters Combatting Proliferation of Weapons of Mass Destruction Act of 1996 - Title I: Assessment of Programs and Policies for Combatting Proliferation - Establishes the Commission on Programs and Policies for Combatting the Proliferation of Weapons of Mass Destruction to study and report recommendations to the Congress for improving U.S. organizations, policies, and programs relating to combatting the proliferation of weapons of mass destruction. Authorizes appropriations. Title II: Other Matters - Requires the Director of Central Intelligence to report to the Congress every six months on: (1) the acquisition by foreign countries of technology relating to weapons of mass destruction and advanced conventional munitions; and (2) trends in such acquisition by such countries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clarence Gideon Full Access to Justice Act'' or the ``Gideon Act''. SEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY. (a) In General.--Chapter 201 of title 18, United States Code, is amended by inserting after section 3006A the following: ``Sec. 3006B. Defender Office for Supreme Court Advocacy ``(a) Definitions.--In this section-- ``(1) the term `Board' means the Board of Directors established under subsection (d) for the Office; ``(2) the term `consult' includes, with respect to covered cases-- ``(A) giving advice; ``(B) drafting or editing briefs; ``(C) providing assistance with moot courts; and ``(D) organizing or coordinating the drafting, editing, and filing of amicus curiae briefs; ``(3) the term `covered case' means a noncapital case involving an issue of Federal criminal statutory or constitutional law; ``(4) the term `Director' means the Director of the Office selected in accordance with subsection (e); and ``(5) the term `Office' means the Defender Office for Supreme Court Advocacy established under subsection (b). ``(b) Establishment; Purposes.--There is established in the District of Columbia a private nonmembership nonprofit corporation, which shall be known as the Defender Office for Supreme Court Advocacy, for the purpose of-- ``(1) advocating on behalf of individuals in covered cases before-- ``(A) the Supreme Court of the United States; and ``(B) when resources permit, the highest court of a State; and ``(2) providing assistance to attorneys advocating on behalf of individuals in covered cases described in paragraph (1). ``(c) Principal Office.--The Office shall maintain its principal office in the District of Columbia. ``(d) Board of Directors.-- ``(1) In general.--The Office shall have a Board of Directors consisting of 18 voting members-- ``(A) 6 of whom shall be Federal Public Defenders or Executive Directors of Community Defender Organizations described in section 3006A, elected by the Federal Public Defenders and the Executive Directors of Community Defender Organizations in each district; ``(B) 6 of whom shall be attorneys from a panel described in section 3006A(b), elected by the panel attorney district representatives; and ``(C) 6 of whom shall be State or local public defenders from geographically diverse States, who shall be elected by the individuals elected under subparagraphs (A) and (B) not later than 6 months after the date of the first meeting of the Board. ``(2) Staggered terms.-- ``(A) In general.--A member of the Board shall serve a term of 4 years, except that the first members elected to the Board under subparagraph (A) or (B) of paragraph (1) shall be divided into Class A and Class B. ``(B) Classes.--Class A and Class B shall each consist of-- ``(i) 3 members elected under paragraph (1)(A); and ``(ii) 3 members elected under paragraph (1)(B). ``(C) Terms.-- ``(i) Initial terms.--For the initial members of the Board-- ``(I) members of Class A shall serve a term of 2 years; ``(II) members of Class B shall serve a term of 4 years; and ``(III) members elected under paragraph (1)(C) shall serve a term of 4 years. ``(ii) Subsequent terms.--All subsequent terms shall be for a term of 4 years. ``(D) Membership of each class.--The membership of each class shall be determined by the members of the Board at the first meeting of the Board of Directors. ``(E) Vacancies.--Interim elections may be held to fill any vacancies. ``(3) Bylaws.--The Board shall establish bylaws to govern the operations of the Office. ``(e) Director.-- ``(1) In general.--The Board of Directors shall appoint a Director for the Office. ``(2) Requirement.--The Director appointed under paragraph (1) shall not be a member of the Board of Directors. ``(f) General Requirements for Director.--The Director shall be learned and experienced in the law applicable to Federal criminal appellate practice. ``(g) Functions of the Office.-- ``(1) Grants of petitions for writs of certiorari in the supreme court of the united states.-- ``(A) In general.--On the granting of a petition for a writ of certiorari by the Supreme Court of the United States in a covered case, the Office shall-- ``(i) consult with any counsel in a covered case in which the defendant was previously represented by counsel appointed under section 3006A; and ``(ii) when resources permit, be available to consult with counsel in any other covered case. ``(B) Arguing case.--In any covered case, an attorney described in clause (i) or (ii) of subparagraph (A) may-- ``(i) advocate on behalf of an individual before the Supreme Court of the United States; or ``(ii) permit the Office to advocate on behalf of an individual before the Supreme Court of the United States. ``(2) Filing of amicus curiae briefs.--The Office may file an amicus curiae brief-- ``(A) in any covered case in the Supreme Court of the United States; and ``(B) when resources permit, in a covered case in the highest courts of States. ``(3) Call for the views of the office; leave to participate in oral argument.--In any covered case-- ``(A) upon request by the Supreme Court of the United States-- ``(i) the Office may provide the views of the Office on the covered case; and ``(ii) an employee of the Office may participate in oral argument as amicus curiae; and ``(B) upon request by the highest court of a State, and when resources permit-- ``(i) the Office may provide the views of the Office on the covered case; and ``(ii) an employee of the Office may participate in oral argument as amicus curiae. ``(4) Monitoring court decisions and filing petitions for certiorari.--The Office may-- ``(A) monitor issues in covered cases-- ``(i) on which the courts of appeals of the United States are divided; or ``(ii) that involve significant Federal criminal statutory or constitutional issues; and ``(B) draft, edit, and file a petition for certiorari in the Supreme Court of the United States on behalf of an individual seeking review by the Supreme Court of the United States of a covered case. ``(5) Training.--The Office may provide training to carry out the purpose and functions of the Office. ``(6) Other functions.--In addition to the functions described in paragraphs (1) through (5), the Director may allocate any funds made available to the Office for any other function that the Director determines is necessary to carry out the purposes of the Office, including, when resources permit, advocacy in a covered case before the highest court of a State. ``(h) Employees.--The Director, subject to general policies established by the Office, has the authority to appoint and remove such employees of the Office as the Director determines necessary to carry out the purposes of the Office.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3006A the following: ``3006B. Defender Office for Supreme Court Advocacy.''.

Summary: Clarence Gideon Full Access to Justice Act or the Gideon Act This bill amends the federal criminal code by establishing the Defender Office for Supreme Court Advocacy as a private, nonmembership, nonprofit corporation. It must advocate on behalf of individuals in noncapital cases involving an issue of federal criminal statutory law or constitutional law before: (1) the Supreme Court of the United States, and (2) the highest courts in the states when resources permit. The office may also provide assistance to attorneys advocating on behalf of those individuals.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids First Research Act of 2013''. SEC. 2. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years ending on or after the date of the enactment of this subsection.''. (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. ``The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election.''. (B) Conversion of fund to 10-year pediatric research initiative fund.--Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Conversion to 10-Year Pediatric Research Initiative Fund.-- ``(1) Conversion.--Effective on the date of the enactment of the Kids First Research Act of 2013-- ``(A) the special fund established under this section shall be known and designated as the `10-Year Pediatric Research Initiative Fund'; and ``(B) all amounts in the fund as of such date shall be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the extent and in such amounts as are provided in advance in appropriation Acts. ``(2) Termination.--Any amounts in the fund that remain unobligated on October 1, 2024, shall be deposited into the general fund of the Treasury.''. (2) Termination of account.--Chapter 96 of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. ``The provisions of this chapter shall not apply to any candidate with respect to any presidential election after the date of the enactment of this section.''. (c) Clerical Amendments.-- (1) The table of sections for chapter 95 of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.''. (2) The table of sections for chapter 96 of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.''. SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE. (a) Allocation of NIH Funds in Common Fund for Pediatric Research.--Paragraph (7) of section 402(b) of the Public Health Service Act (42 U.S.C. 282(b)) is amended to read as follows: ``(7)(A) shall, through the Division of Program Coordination, Planning, and Strategic Initiatives-- ``(i) identify research that represents important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between 2 or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning; ``(ii) include information on such research in reports under section 403; and ``(iii) in the case of such research supported with funds referred to in subparagraph (B)-- ``(I) require as appropriate that proposals include milestones and goals for the research; ``(II) require that the proposals include timeframes for funding of the research; and ``(III) ensure appropriate consideration of proposals for which the principal investigator is an individual who has not previously served as the principal investigator of research conducted or supported by the National Institutes of Health; ``(B)(i) may, with respect to funds reserved under section 402A(c)(1) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A); and ``(ii) shall, with respect to funds appropriated to the Common Fund under section 402A(a)(2), allocate such funds to the national research institutes and national centers for making grants for pediatric research that is identified under subparagraph (A); and ``(C) may assign additional functions to the Division in support of responsibilities identified in subparagraph (A), as determined appropriate by the Director;''. (b) Funding for 10-Year Pediatric Research Initiative.--Section 402A of the Public Health Service Act (42 U.S.C. 282a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (B) by striking ``For purposes of carrying out this title'' and inserting the following: ``(1) This title.--For purposes of carrying out this title''; and (C) by adding at the end the following: ``(2) Funding for 10-year pediatric research initiative through common fund.--For carrying out section 402(b)(7)(B)(ii), there is authorized to be appropriated, out of funds in the 10-Year Pediatric Research Initiative Fund established by section 9006 of the Internal Revenue Code of 1986, and in addition to amounts otherwise made available under paragraph (1) of this subsection and reserved under subsection (c)(1)(B)(i) of this section, $13,000,000 for each of fiscal years 2014 through 2023.''; and (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''. (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds appropriated under section 402A(a)(2) of the Public Health Service Act, as added by subsection (b)-- (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for pediatric research; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than making grants as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). SEC. 4. PROHIBITION AGAINST NIH RESEARCH ON HEALTH ECONOMICS. Section 402A of the Public Health Service Act (42 U.S.C. 282a) is amended by adding at the end the following: ``(f) Health Economics Research.-- ``(1) Ongoing research.--Before continuing any health economics research grant, project, or activity that is ongoing as of the date of the enactment of this subsection, the Director of NIH shall submit to the Congress a report that outlines the justification for such ongoing grant, project, or activity, including the reason for giving priority to such ongoing grant, project, or activity over research on pediatric diseases and disorders, such as autism, cancer, and other pediatric genetic disorders without cures. ``(2) New research.--The Director of NIH may not initiate any health economics research grant, project, or activity until-- ``(A) the Director has submitted the report described in paragraph (1); and ``(B) a Federal law has been enacted authorizing the National Institutes of Health to use funding specifically for health economics research.''.

Summary: Kids First Research Act of 2013 - Amends the Internal Revenue Code to terminate: (1) the taxpayer election to designate $3 of income tax liability for financing of presidential election campaigns, (2) the Presidential Election Campaign Fund, and (3) the Presidential Primary Matching Payment Account. Redesignates the Presidential Election Campaign Fund as the 10-Year Pediatric Research Initiative Fund. Makes amounts in the Fund available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Requires deposit into the Treasury general fund of any amounts in the Pediatric Research Initiative Fund that remain unobligated on October 1, 2024. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $13 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than making grants for pediatric research described in this Act. Requires the Director of NIH, before continuing any health economics research grant, project, or activity, to report to Congress on the justification for such research, including the reason for giving it priority over research on pediatric diseases and disorders. Prohibits the Director from initiating any health economics research grant, project, or activity until the Director has submitted the report outlining the justification and a federal law has been enacted authorizing NIH to use funding specifically for health economics research.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 1999'' or ``PROTECTION Act''. SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE. (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended by-- (1) inserting ``and prosecutor'' after ``increase police''; and (2) inserting ``to enhance law enforcement access to new technologies, and'' after ``presence,''. (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by inserting after ``Nation'' the following: ``, or pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts''; and (ii) by striking ``and'' at the end; (B) in subparagraph (C), by-- (i) striking ``or pay overtime''; and (ii) striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) promote higher education among in-service State and local law enforcement officers by reimbursing them for the costs associated with seeking a college or graduate school education.''; and (2) in paragraph (2) by striking all that follows Support Systems.--'' and inserting ``Grants pursuant to-- ``(A) paragraph (1)(B) for overtime may not exceed 25 percent of the funds available for grants pursuant to this subsection for any fiscal year; ``(B) paragraph (1)(C) may not exceed 20 percent of the funds available for grants pursuant to this subsection in any fiscal year; and ``(C) paragraph (1)(D) may not exceed 5 percent of the funds available for grants pursuant to this subsection for any fiscal year.''. (c) Additional Grant Projects.--Section 1701(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended-- (1) in paragraph (2)-- (A) by inserting ``integrity and ethics'' after ``specialized''; and (B) by inserting ``and'' after ``enforcement officers''; (2) in paragraph (7) by inserting ``school officials, religiously-affiliated organizations,'' after ``enforcement officers''; (3) by striking paragraph (8) and inserting the following: ``(8) establish school-based partnerships between local law enforcement agencies and local school systems, by using school resource officers who operate in and around elementary and secondary schools to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, combat school-related crime and disorder problems, gang membership and criminal activity, firearms and explosives- related incidents, illegal use and possession of alcohol, and the illegal possession, use, and distribution of drugs;''; (4) in paragraph (10) by striking ``and'' at the end; (5) in paragraph (11) by striking the period that appears at the end and inserting ``; and''; and (6) by adding at the end the following: ``(12) develop and implement innovative programs (such as the TRIAD program) that bring together a community's sheriff, chief of police, and elderly residents to address the public safety concerns of older citizens.''. (d) Technical Assistance.--Section 1701(f) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) is amended-- (1) in paragraph (1)-- (A) by inserting ``use up to 5 percent of the funds appropriated under subsection (a) to'' after ``The Attorney General may''; (B) by inserting at the end the following: ``In addition, the Attorney General may use up to 5 percent of the funds appropriated under subsections (d), (e), and (f) for technical assistance and training to States, units of local government, Indian tribal governments, and to other public and private entities for those respective purposes.''; (2) in paragraph (2) by inserting ``under subsection (a)'' after ``the Attorney General''; and (3) in paragraph (3)-- (A) by striking ``the Attorney General may'' and inserting ``the Attorney General shall''; (B) by inserting ``regional community policing institutes'' after ``operation of''; and (C) by inserting ``representatives of police labor and management organizations, community residents,'' after ``supervisors,''. (e) Technology and Prosecution Programs.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by-- (1) striking subsection (k); (2) redesignating subsections (f) through (j) as subsections (g) through (k); and (3) striking subsection (e) and inserting the following: ``(e) Law Enforcement Technology Program.--Grants made under subsection (a) may be used to assist police departments, in employing professional, scientific, and technological advancements that will help them-- ``(1) improve police communications through the use of wireless communications, computers, software, videocams, databases and other hardware and software that allow law enforcement agencies to communicate more effectively across jurisdictional boundaries and effectuate interoperability; ``(2) develop and improve access to crime solving technologies, including DNA analysis, photo enhancement, voice recognition, and other forensic capabilities; and ``(3) promote comprehensive crime analysis by utilizing new techniques and technologies, such as crime mapping, that allow law enforcement agencies to use real-time crime and arrest data and other related information--including non-criminal justice data--to improve their ability to analyze, predict, and respond pro-actively to local crime and disorder problems, as well as to engage in regional crime analysis. ``(f) Community-Based Prosecution Program.--Grants made under subsection (a) may be used to assist State, local or tribal prosecutors' offices in the implementation of community-based prosecution programs that build on local community policing efforts. Funds made available under this subsection may be used to-- ``(1) hire additional prosecutors who will be assigned to community prosecution programs, including programs that assign prosecutors to handle cases from specific geographic areas, to address specific violent crime and other local crime problems (including intensive illegal gang, gun and drug enforcement projects and quality of life initiatives), and to address localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others; ``(2) redeploy existing prosecutors to community prosecution programs as described in paragraph (1) of this section by hiring victim and witness coordinators, paralegals, community outreach, and other such personnel; and ``(3) establish programs to assist local prosecutors' offices in the implementation of programs that help them identify and respond to priority crime problems in a community with specifically tailored solutions. At least 75 percent of the funds made available under this subsection shall be reserved for grants under paragraphs (1) and (2) and of those amounts no more than 10 percent may be used for grants under paragraph (2) and at least 25 percent of the funds shall be reserved for grants under paragraphs (1) and (2) to units of local government with a population of less than 50,000.''. (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by inserting at the end the following: ``(d) Retention Grants.--The Attorney General may use no more than 50 percent of the funds under subsection (a) to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for police officers funded under subsection (b)(1).''. (g) Definitions.-- (1) Career law enforcement officer.--Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended by inserting after ``criminal laws'' the following: ``including sheriffs deputies charged with supervising offenders who are released into the community but also engaged in local community policing efforts.''. (2) School resource officer.--Section 1709(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, to address and document crime and disorder problems including gangs and drug activities, firearms and explosives-related incidents, and the illegal use and possession of alcohol affecting or occurring in or around an elementary or secondary school; (B) by striking subparagraph (E) and inserting the following: ``(E) to train students in conflict resolution, restorative justice, and crime awareness, and to provide assistance to and coordinate with other officers, mental health professionals, and youth counselors who are responsible for the implementation of prevention/intervention programs within the schools;''; and (C) by adding at the end the following: ``(H) to work with school administrators, members of the local parent teacher associations, community organizers, law enforcement, fire departments, and emergency medical personnel in the creation, review, and implementation of a school violence prevention plan; ``(I) to assist in documenting the full description of all firearms found or taken into custody on school property and to initiate a firearms trace and ballistics examination for each firearm with the local office of the Bureau of Alcohol, Tobacco, and Firearms; ``(J) to document the full description of all explosives or explosive devices found or taken into custody on school property and report to the local office of the Bureau of Alcohol, Tobacco, and Firearms; and ``(K) to assist school administrators with the preparation of the Department of Education, Annual Report on State Implementation of the Gun-Free Schools Act which tracks the number of students expelled per year for bringing a weapon, firearm, or explosive to school.''. (h) Authorization of Appropriations.--Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) There are authorized to be appropriated to carry out part Q, to remain available until expended-- ``(i) $1,150,000,000 for fiscal year 2000; ``(ii) $1,150,000,000 for fiscal year 2001; ``(iii) $1,150,000,000 for fiscal year 2002; ``(iv) $1,150,000,000 for fiscal year 2003; ``(v) $1,150,000,000 for fiscal year 2004; and ``(vi) $1,150,000,000 for fiscal year 2005.''; and (2) in subparagraph (B)-- (A) by striking ``3 percent'' and inserting ``5 percent''; (B) by striking ``1701(f)'' and inserting ``1701(g)''; (C) by striking the second sentence and inserting ``Of the remaining funds, if there is a demand for 50 percent of appropriated hiring funds, as determined by eligible hiring applications from law enforcement agencies having jurisdiction over areas with populations exceeding 150,000, no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations less than 150,000 or by public and private entities that serve areas with populations less than 150,000.''; (D) by striking ``85 percent'' and inserting ``$600,000,000''; and (E) by striking ``1701(b),'' and all that follows through ``of part Q'' and inserting the following: ``1701 (b) and (c), $350,000,000 to grants for the purposes specified in section 1701(e), and $200,000,000 to grants for the purposes specified in section 1701(f).''.

Summary: Includes among permitted additional grant projects: (1) specialized integrity and ethics training; (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations; (3) school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools (current law) to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies and to combat gang membership and criminal activity, firearms and explosives-related incidents, illegal use and possession of alcohol, and the illegal possession, use, and distribution of drugs; and (4) innovative programs that bring together a community's sheriff, police chief, and elderly residents to address the public safety concerns of older citizens. Authorizes the Attorney General to use up to five percent of appropriated funds for technical assistance and training to States, local governments, Indian tribal governments, and other public and private entities. Requires the technical assistance provided by the Attorney General to include the establishment and operation of regional community policing institutes training centers or facilities. Permits the functions of the centers or facilities to include instruction and seminars for specified individuals, including representatives of police labor and management organizations and community residents. Repeals provisions of the Act regarding: (1) termination of grants for hiring officers; and (2) preferential consideration of applications for certain grants. Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements; and (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community policing efforts. Reserves specified funds for units of local government with a population of less than 50,000. Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for officers. Redefines: (1) "career law enforcement officer" to include sheriffs' deputies charged with supervising offenders who are released into the community but also engaged in local community policing efforts; and (2) "school resource officer" to mean a career law enforcement officer deployed in community-oriented policing and assigned to work in collaboration with schools and community-based organizations (as under current law) to engage in specified activities, including serving as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies to address and document crime and disorder problems, training students in conflict resolution and crime awareness, and assisting school administrators with the preparation of an annual report on the number of students expelled per year for bringing a weapon, firearm, or explosive to school. Authorizes appropriations.