SECTION 1. SHORT TITLE. This Act may be cited as the ``TMDL Regulatory Accountability Act of 2000''. SEC. 2. ENSURING CONSIDERATION OF THE VIEWS OF THE PUBLIC. The Administrator shall-- (1) publish, not later the 5th day following the date of enactment of this Act, in the Federal Register a notice soliciting public comment for 120 days on revisions to regulations pertaining to the national pollutant discharge elimination system program and the water quality planning and management program published in the Federal Register on July 13, 2000 (65 Fed. Reg. 43586); (2) solicit comments from each State regarding the impact of such revisions on implementation and effectiveness of existing State programs; (3) hold public meetings for the purpose of receiving public comments on such revisions, including meetings at locations that will provide a reasonable opportunity for citizens of rural communities to both attend and provide comments; and (4) maintain a record of all public comments on such revisions, including comments from States under paragraph (2) and comments received at public meetings under paragraph (3), in a publicly available docket and, not later than the 180th day following such date of enactment, publish a response to the comments in the Federal Register. SEC. 3. FILLING DATA GAPS. (a) In General.--Not later than the 120th day following the date of enactment of this Act, the Administrator shall transmit to Congress an analysis of the monitoring data needed for development and implementation of TMDLs. Such analysis shall address the data gaps identified by the Comptroller General in the March 2000 report issued by the General Accounting Office, entitled ``Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data'', including gaps in data needed to-- (1) assess all State waters; (2) identify waters that are impaired; (3) identify pollution sources; (4) develop TMDLs; and (5) develop plans to implement TMDLs. (b) Data Collection Costs.--The analysis under subsection (a) shall include an estimate of the cost of collecting the monitoring data. (c) State Input.--In conducting the analysis under subsection (a) and estimating the costs under subsection (b), the Administrator shall solicit comments from each State regarding the analysis and estimate. SEC. 4. IMPROVING SCIENTIFIC UNDERSTANDING. (a) Study Required.--The Administrator shall make arrangements with the National Academy of Sciences to conduct a study on the scientific bases underlying the development of TMDLs. (b) Scope.--The study shall include an evaluation of each of the following: (1) The information required to identify sources of pollutant loadings and their respective contributions to water quality impairment. (2) The information required to allocate reductions in pollutant loadings among sources. (3) Whether such information is available for use by States. (4) Whether such information, if available, is reliable. (5) If such information is not available or is not reliable, what methodologies should be used to obtain such information. (c) Review.--Before submitting a report under subsection (d), the National Academy of Sciences shall provide appropriate Federal, State, and public and private sector interests an opportunity to review and submit written comments on the report. The final report shall incorporate such comments if appropriate. (d) Report.--Not later than the 240th day following the date of enactment of this Act, the National Academy of Sciences shall transmit a report on the study to the Administrator and Congress. The report shall include recommendations of the National Academy of Sciences for improving the methodologies evaluated under the study. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000. Such sums shall remain available until expended. SEC. 5. ENSURING PUBLIC UNDERSTANDING OF THE BENEFITS AND COSTS OF REGULATORY CHANGES. (a) UMRA Analysis.-- (1) In general.--With respect to the revisions referred to in section 2, the Administrator shall prepare a written statement containing the information specified in section 202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532(a); 109 Stat. 64-65) and shall conduct the analyses required under section 205 of such Act (2 U.S.C. 1535). (2) Recommendations of the comptroller general.--In preparing the statement and conducting the analyses referred to in paragraph (1)-- (A) the Administrator shall address the concerns regarding the economic analysis performed by the Administrator on these regulatory changes identified by the Comptroller General in a June 21, 2000, report entitled ``Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters''; and (B) the Administrator, consistent with the recommendations of the Comptroller General, shall-- (i) use alternative baseline assumptions, including an assumption that accurately reflects the water quality data currently available for the development and implementation of TMDLs, and conduct a sensitivity analysis to assess the effect of different assumptions on the analyses; (ii) quantify benefits using the same baseline assumptions used to quantify costs; and (iii) consider costs to regulated entities and other Federal agencies, as well as costs to States. (b) Effects on Small Entities.--The Administrator shall conduct analyses of the effects of the revisions referred to in section 2 on small entities, including small businesses, small organizations, and small governmental organizations. Such analyses shall include, at a minimum-- (1) a description of and an estimate of the number of small entities to which the regulations, as revised, would apply; (2) the cost to small entities resulting from implementation of the regulations, as revised, by States and the Environmental Protection Agency; and (3) a description of the steps the Administrator has taken to minimize the significant economic impact on small entities, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the Administrator that affect the impact on small entities was rejected. (c) Information From Relevant Federal Agencies.--In conducting the analyses under subsections (a) and (b), the Administrator shall obtain information from relevant Federal agencies, including the Department of Agriculture, the Department of Defense, and the Small Business Administration. (d) Review by the Comptroller General.--At least 60 days before publishing an analysis in the Federal Register for public notice and comment under subsection (e), the Administrator shall provide the Comptroller General with an opportunity to review and comment on such analysis. (e) Public Review and Comment.--The Administrator shall publish the analyses required under subsections (a) and (b) in the Federal Register not later than 150th day after the date of enactment of this Act and shall solicit public comment for a period of not less than 60 days. Comments received shall be included in the publicly available docket maintained under section 2. (f) Response to Comments.--Not later than the 60th day following the last day of the comment period under subsection (e), the Administrator shall publish a response to comments in the Federal Register. SEC. 6. USE OF INFORMATION TO IMPROVE CLEAN WATER ACT PROGRAMS. (a) Agency Review of Information and Regulations.--The Administrator shall review all information provided or developed under sections 2, 3, 4, and 5 and shall consider whether or not the Administrator should change the revisions referred to in section 2 based upon such information. (b) Explanation to Congress.--Upon completing the review, but not later than the 270th day following the date of enactment of this Act, the Administrator shall transmit to Congress an explanation of the Administrator's decision to change or not to change the revisions referred to in section 2. SEC. 7. DEFINITIONS. In this Act, the following definitions shall apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) TMDL.--The term ``TMDL'' has the meaning that the term ``total maximum daily load'' has under section 303(d)(1)(C) of the Federal Water Pollution Control Act (23 U.S.C. 1313(d)(1)(C)). (3) Small entity.--The term ``small entity'' has the meaning such term has in section 601 of title 5, United States Code. (4) State.--The term ``State'' has the meaning such term has under section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).

Summary: Directs the Administrator to transmit to Congress an analysis of the monitoring data needed for development and implementation of total maximum daily loads (TMDLs) which shall address data gaps identified by the Comptroller General in a March 2000 report entitled "Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data." Requires the Administrator to make arrangements with the National Academy of Sciences to study and report on the scientific bases underlying the development of TDMLs. Authorizes appropriations. Directs the Administrator, with respect to the economic analysis performed on regulatory changes identified by the Comptroller General in the June 2000 report entitled "Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters," to prepare certain statements and analyses required under the Unfunded Mandates Reform Act of 1995 with respect to: (1) significant regulatory actions that may result in expenditures by State, local, and tribal governments or the private sector of $100 million or more annually; and (2) selection of a least costly, most cost-effective, or least burdensome alternative. Requires the Administrator to conduct analyses of the effects of the revisions to the regulations pertaining to the NPDES and water quality planning and management on small entities. Directs the Administrator to review the information provided or developed under this Act and consider whether the revisions to such regulations should be changed. Requires an explanation to Congress of the decision to change or not to change such revisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Democracy Act''. SEC. 2. CIVIC EDUCATION. Part F of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8141 et seq.) is amended to read as follows: ``PART F--CIVIC EDUCATION ``SEC. 10601. SHORT TITLE. ``This part may be cited as the `Education for Democracy Act'. ``SEC. 10602. FINDINGS. ``The Congress finds that-- ``(1) college freshmen surveyed in 1997 by the Higher Education Research Institute at the University of California at Los Angeles demonstrated higher levels of disengagement, both academically and politically, than any previous entering class of students; ``(2) college freshmen in 1997 demonstrated the lowest levels of political interest in the 20-year history of surveys conducted by the Higher Education Research Institute at the University of California at Los Angeles; ``(3) United States secondary school students expressed relatively low levels of interest in politics and economics in a 1999 Harris survey; ``(4) the 28th Annual Phi Delta Kappa/Gallup Poll in 1996 indicated that American citizens believe that the Nation's schools, apart from providing a basic education, had a very important role to play in preparing students to be responsible citizens; ``(5) Americans surveyed by the Organization of Economic Cooperation and Development indicated that only 59 percent had confidence that schools have a major effect on the development of good citizenship; ``(6) teachers too often do not have sufficient expertise in the subjects that they teach, and half of all secondary school history students in America are being taught by teachers with neither a major nor a minor in history; ``(7) secondary school students correctly answered less than half of the questions on a national test of economic knowledge in a 1999 Harris survey; ``(8) the most recent National Assessment of Educational Progress indicated that students have only superficial knowledge of, and lacked a depth of understanding regarding, civics; ``(9) civic and economic education are important not only to developing citizenship competencies in the United States but also are critical to supporting political stability and economic health in other democracies, particularly emerging democratic market economies; ``(10) international education exchange programs in civic and economic education have been shown to enhance both educational reform efforts in other democracies and educational quality in United States classrooms; ``(11) more than three quarters of Americans surveyed by the National Constitution Center in 1997 admitted that they knew only some or very little about the Constitution of the United States; and ``(12) the Constitution of the United States is too often viewed within the context of history and not as a living document that shapes current events. ``SEC. 10603. PURPOSE. ``It is the purpose of this part-- ``(1) to improve the quality of civics and government education, and to enhance the attainment of the third and sixth National Education Goals, by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; ``(2) to foster civic competence and responsibility; and ``(3) to improve the quality of civic education and economic education through cooperative civic education and economic education exchange programs with other democratic nations. ``SEC. 10604. GENERAL AUTHORITY. ``(a) Grants and Contracts.-- ``(1) In general.--The Secretary is authorized to award grants to or enter into contracts with-- ``(A) the Center for Civic Education to carry out civic education activities under sections 10605 and 10606; and ``(B) the National Council on Economic Education to carry out economic education activities under section 10606. ``(2) Consultation.--The Secretary shall award the grants and contracts under section 10606 in consultation with the Secretary of State. ``(b) Distribution.--The Secretary shall use not more than 50 percent of the amount appropriated under section 10607(b) for each fiscal year to carry out economic education activities under section 10606. ``SEC. 10605. WE THE PEOPLE PROGRAM. ``(a) The Citizen and the Constitution.-- ``(1) In general.--The Center for Civic Education shall use funds awarded under section 10604(a)(1)(A) to carry out The Citizen and the Constitution program in accordance with this subsection. ``(2) Educational activities.--The Citizen and the Constitution program-- ``(A) shall continue and expand the educational activities of the `We the People . . . The Citizen and the Constitution' program administered by the Center for Civic Education; ``(B) shall enhance student attainment of challenging content standards in civics and government; and ``(C) shall provide-- ``(i) a course of instruction on the basic principles of our Nation's constitutional democracy and the history of the Constitution of the United States and the Bill of Rights; ``(ii) at the request of a participating school, school and community simulated congressional hearings following the course of study; ``(iii) an annual national competition of simulated congressional hearings for secondary school students who wish to participate in such a program; ``(iv) advanced training of teachers about the Constitution of the United States and the political system the United States created; ``(v) materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and ``(vi) civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. ``(3) Availability of program.--The education program authorized under this subsection shall be made available to public and private elementary schools and secondary schools, including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(b) Project Citizen.-- ``(1) In general.--The Center for Civic Education shall use funds awarded under section 10604(a)(1)(A) to carry out The Project Citizen program in accordance with this subsection. ``(2) Educational activities.--The Project Citizen program-- ``(A) shall continue and expand the educational activities of the `We the People . . . Project Citizen' program administered by the Center for Civic Education; ``(B) shall enhance student attainment of challenging content standards in civics and government; and ``(C) shall provide-- ``(i) a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; ``(ii) optional school and community simulated State legislative hearings; ``(iii) an annual national showcase or competition; ``(iv) advanced training of teachers on the roles of State and local governments in the Federal system established by the Constitution of the United States; ``(v) materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and ``(vi) civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. ``(3) Availability of program.--The education program authorized under this subsection shall be made available to public and private middle schools, including Bureau funded schools, in the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(c) Definition of Bureau Funded School.--In this section the term `Bureau funded school' has the meaning given the term in section 1146 of the Education Amendments of 1978. ``SEC. 10606. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS. ``(a) Cooperative Education Exchange Programs.--The Center for Civic Education and the National Council on Economic Education shall use funds awarded under section 10604(a)(1) to carry out Cooperative Education Exchange programs in accordance with this section. ``(b) Purpose.--The purpose of the Cooperative Education Exchange programs provided under this section shall be to-- ``(1) make available to educators from eligible countries exemplary curriculum and teacher training programs in civics and government education, and economics education, developed in the United States; ``(2) assist eligible countries in the adaptation, implementation, and institutionalization of such programs; ``(3) create and implement civics and government education, and economic education, programs for students that draw upon the experiences of the participating eligible countries; ``(4) provide a means for the exchange of ideas and experiences in civics and government education, and economic education, among political, educational, governmental, and private sector leaders of participating eligible countries; and ``(5) provide support for-- ``(A) research and evaluation to determine the effects of educational programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(B) effective participation in and the preservation and improvement of an efficient market economy. ``(c) Avoidance of Duplication.--The Secretary shall consult with the Secretary of State to ensure that-- ``(1) activities under this section are not duplicative of other efforts in the eligible countries; and ``(2) partner institutions in the eligible countries are creditable. ``(d) Activities.--The Cooperative Education Exchange programs shall-- ``(1) provide eligible countries with-- ``(A) seminars on the basic principles of United States constitutional democracy and economics, including seminars on the major governmental and economic institutions and systems in the United States, and visits to such institutions; ``(B) visits to school systems, institutions of higher education, and nonprofit organizations conducting exemplary programs in civics and government education, and economic education, in the United States; ``(C) translations and adaptations regarding United States civic and government education, and economic education, curricular programs for students and teachers, and in the case of training programs for teachers translations and adaptations into forms useful in schools in eligible countries, and joint research projects in such areas; ``(D) research and evaluation assistance to determine-- ``(i) the effects of the Cooperative Education Exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(ii) effective participation in and the preservation and improvement of an efficient market economy; ``(2) provide United States participants with-- ``(A) seminars on the histories, economies, and systems of government of eligible countries; ``(B) visits to school systems, institutions of higher education, and organizations conducting exemplary programs in civics and government education, and economic education, located in eligible countries; ``(C) assistance from educators and scholars in eligible countries in the development of curricular materials on the history, government, and economy of such countries that are useful in United States classrooms; ``(D) opportunities to provide onsite demonstrations of United States curricula and pedagogy for educational leaders in eligible countries; and ``(E) research and evaluation assistance to determine-- ``(i) the effects of the Cooperative Education Exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(ii) effective participation in and improvement of an efficient market economy; and ``(3) assist participants from eligible countries and the United States to participate in international conferences on civics and government education, and economic education, for educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers. ``(e) Participants.--The primary participants in the Cooperative Education Exchange programs assisted under this section shall be educational leaders in the areas of civics and government education, and economic education, including curriculum and teacher training specialists, scholars in relevant disciplines, and educational policymakers, and government and private sector leaders from the United States and eligible countries. ``(f) Definition.--For the purpose of this section, the term `eligible country' means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, the independent states of the former Soviet Union as defined in section 3 of the FREEDOM Support Act (22 U.S.C. 5801), and may include the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined in section 209(d) of the Education for the Deaf Act. ``SEC. 10607. AUTHORIZATION OF APPROPRIATIONS. ``(a) Section 10605.--There are authorized to be appropriated to carry out section 10605, $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004. ``(b) Section 10606.--There are authorized to be appropriated to carry out section 10606, $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004.''. SEC. 3. REPEAL. Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951 et seq.) is repealed.

Summary: (Sec. 2) Authorizes the Secretary of Education to make grants to or contracts with: (1) the Center for Civic Education (CCE) to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange programs; and (2) the National Council on Economic Education (NCEE) to carry out economic education activities under Cooperative Educational Exchange programs. Revises requirements for CCE implementation of the We the People... The Citizen and the Constitution program and The Project Citizen program. Sets forth requirements for the Cooperative Educational Exchange programs of civic education by CCE and economic education by NCEE. Makes eligible for such programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union. Allows such program eligibility also for the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined under the Education for the Deaf Act. Authorizes appropriations through FY 2004 for: (1) the We the People... The Citizen and the Constitution program and The Project Citizen program; and (2) the Cooperative Educational Exchange programs. (Sec. 3) Repeals title VI (International Education Program) of the Goals 2000: Educate America Act.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Angeles and San Bernardino National Forests Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Administration of Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. Sec. 4. Expansion of Cucamonga and Sheep Mountain Wilderness Areas. Sec. 5. Protection of property rights and uses in additions to Cucamonga and Sheep Mountain Wilderness Areas. Sec. 6. Fire management in Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. Sec. 7. Maintenance of Angeles and San Bernardino National Forests. Sec. 8. Completion of wild and scenic rivers studies. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) California has experienced devastating wildfires that have caused mudslides, burned public and private lands, destroyed and damaged structures and homes, and taken the lives of residents and first responders. (2) On August 30, 2009, Fire Captain Tedmund ``Ted'' Hall, 47, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34, of the Los Angeles County Fire Department lost their lives while battling the Station Fire. (3) Coordination among Federal, State, and local agencies is essential to effectively respond to emergencies and prevent further loss of life from incidents in and around the Angeles and San Bernardino National Forests. (4) The Angeles and San Bernardino National Forests are among the most widely visited national forests in the Nation. (5) The Angeles and San Bernardino National Forests provide families with a variety of recreational opportunities, including hunting, fishing, biking, hiking, boating, swimming, off-highway vehicle use, skiing and snowboarding, horseback riding, camping, and picnicking. (6) The Angeles and San Bernardino National Forests account for approximately 70 percent of the open space and provide 35 percent of the drinking water in Los Angeles County, the most populous county in the Nation. (7) Several private land holdings and cabin communities are located within the Angeles and San Bernardino National Forests. (8) The Angeles and San Bernardino National Forests are also home to several rare and endangered plant and animal species. (9) Public safety, preserving recreational activities, and the protection of our natural resources must remain the top three priorities for these areas. SEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL WILDERNESS AREAS. (a) Cucamonga and Sheep Mountain Wilderness Areas.--Except as otherwise provided in this Act, the Secretary of Agriculture shall continue to administer the Cucamonga and Sheep Mountain Wilderness Areas as provided in section 103 of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1131 note) and the Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to areas added to the Cucamonga or Sheep Mountain Wilderness Areas by an amendment made by section 4, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (b) San Gabriel Wilderness Area.--Except as otherwise provided in this Act, the Secretary of Agriculture shall continue to administer the San Gabriel Wilderness Area in accordance with section 3 of the Act entitled ``An Act to designate the San Gabriel Wilderness, Angeles National Forest, in the State of California'', approved May 24, 1968 (Public Law 90-318; 82 Stat. 131; 16 U.S.C. 1132 note), and the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS. (a) Expansion of Cucamonga Wilderness Area.--Section 101(a)(5) of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the following: ``and which comprise approximately 18,983 acres, as generally depicted on a map entitled `Sheep Mountain and Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''. (b) Expansion of Sheep Mountain Wilderness Area.--Section 101(a)(29) of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1623; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the following: ``and which comprise approximately 53,889 acres, as generally depicted on a map entitled `Sheep Mountain and Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''. (c) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a copy of the map referred to in the amendments made by subsections (a) and (b) and legal descriptions of each wilderness area expanded by such amendments. The map and legal descriptions shall have the same force and effect as if included in this Act. The map and legal descriptions shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN ADDITIONS TO CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS. (a) Definition of Covered Wilderness Addition.--For purposes of this section, the term ``covered wilderness addition'' means an area added by the amendments in subsections (a) and (b) in subsection (4) to-- (1) the Cucamonga Wilderness Area; or (2) the Sheep Mountain Wilderness Area. (b) No Effect on Valid Existing Rights.--No provision in this Act shall affect any valid existing rights, including the following rights: (1) The rights of owners of private property in a covered wilderness addition. (2) Water rights. (c) Hunting, Fishing, and Trapping.--Consistent with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act or the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of California with respect to hunting, fishing, and trapping in a covered wilderness addition. (d) Wildlife and Fish Conservation Activities.-- (1) In general.--Consistent with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the authority of the State of California to carry out activities for the conservation of wildlife and fish, including management activities to maintain or restore wildlife and fish populations and the habitats supporting such populations, in a covered wilderness addition. (2) Use of aircraft and other vehicles.--Consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of Agriculture may authorize in a covered wilderness addition, in the manner in which the Secretary has previously authorized such activities in the Cucamonga and Sheep Mountain Wilderness Areas-- (A) the use of transportation and equipment including motor vehicles, motorized equipment or motorboats, aircraft, and other forms of mechanical transport to carry out activities described in paragraph (1); and (B) if the Secretary determines that the minimum tools necessary will be used, the infrequent and temporary landing of helicopters at unmodified sites for wildlife research or for the capture or translocation of species of wildlife including bighorn sheep. (e) Drug Interdiction.--Nothing in this Act or the Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere with drug interdiction operations in, around, or affecting a covered wilderness addition (including low-level overflights of such addition), or otherwise restrict law enforcement access to a covered wilderness addition. (f) Military Activities.--Nothing in this Act or the Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere with low-level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over a covered wilderness addition. (g) Horses.--Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a covered wilderness addition in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)) and subject to any terms and conditions determined by the Secretary of Agriculture to be necessary. (h) Access for Persons With Disabilities.--The Secretary of Agriculture, in consultation with the public, shall consider options for the design and construction of trails in the covered wilderness additions that are suitable for use by persons with disabilities. (i) Access to Private Property.--In conformance with subsections (a) and (b) of section 5 of the Wilderness Act (16 U.S.C. 1134), the Secretary of Agriculture shall provide any owner of private property within the boundary of a covered wilderness addition adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner. (j) Activities or Uses in Buffer Zones.--Congress does not intend the inclusion of a covered wilderness addition in the Cucamonga or Sheep Mountain Wilderness Areas to result in the creation of protective perimeters or buffer zones around such addition. The fact that nonwilderness activities or uses can be seen or heard from within a covered wilderness addition shall not, of itself, preclude such activities or uses up to the boundaries of such addition. SEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL WILDERNESS AREAS. (a) Authorized Measures for Control of Fire, Insects, and Diseases.-- (1) In general.--The Secretary of Agriculture may take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas as are necessary for the control of fire, insects, and diseases (including the use of prescribed burning, priority treatments, or fuels reduction) in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress. (2) Use of mechanized equipment and other measures.--The inclusion of the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas in the National Wilderness Preservation System shall not be construed to interfere with or prevent-- (A) for purposes of wildfire prevention, the mechanical thinning of trees or underbrush in the wilderness areas; and (B) for purposes of responding to a wildfire that threatens a community, the use by the Secretary, the Forest Service, or a Federal Incident Commander of any modern method of fire suppression in the wilderness areas, including methods involving the use of mechanized heavy equipment, installation of fire breaks (including roads), and such other methods as are necessary to address the threat. (b) Revision and Development of Local Fire Management Plans.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall amend the local fire management plans that apply to the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. In the local fire management plans, the Secretary shall identify the following: (1) Best management practices (consistent with subsection (a)) for wildfire prevention, wildfire response, and watershed protection in the wilderness areas. (2) State and local officials to carry out the management practices described in paragraph (1). (c) Administration.--Not later than one year after the date of the enactment of this Act, to ensure a timely and efficient response to wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas, the Secretary shall carry out the following measures: (1) The Secretary shall establish agency approval procedures (including delegations of authority, as appropriate, to the Forest Supervisor, District Manager, Incident Commander, or other agency officials) for responding to wildfires. (2) The Secretary shall enter into agreements, as appropriate, with State and local firefighting agencies to carry out measures for wildfire prevention and response. (d) Funding Priorities.--Nothing in this Act limits funding for fire and fuels management in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. SEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO NATIONAL FORESTS. (a) Assessment of Maintenance Backlog.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall assess the backlog in the Angeles and San Bernardino National Forests in-- (1) preventive wildfire management activities, including fuels reduction; (2) maintenance of recreational areas, including the upkeep of signage for recreational areas and trails; and (3) restoration of the levels of access to and availability of recreational facilities and trails to at least the levels that existed immediately before the Station Fire in August 2009. (b) Elimination of Maintenance Backlog.--As soon as practicable after the Secretary of Agriculture has assessed the backlog under subsection (a), the Secretary shall carry out measures to eliminate the backlog assessed under subsection (a), focusing on the restoration described in paragraph (3) of such subsection. SEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUDIES. Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall complete and submit to Congress the studies, undertaken before the date of the enactment of this Act and uncompleted as of such date, regarding the potential addition of portions of the San Gabriel River (East, West, and North Forks), San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system instituted by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). Such studies shall include information about the effect of each proposed addition on the following: (1) Valid existing rights of owners of property adjacent to such rivers, including owners of cabins on leased property, and their access to and use of such rivers, including their use of pump systems. (2) Other uses of such rivers, including the operation of dams. (3) Sediment management operations for reservoirs. (4) Valid existing water rights and easements in such rivers. (5) Use of and access to existing roadways, bridges, and trails, including the extent to which an existing roadway, bridge, or trail may be maintained or improved. (6) Construction of new roadways, bridges, and trails. (7) Implementation of future projects, including any delays that may be caused by environmental documentation required as a result of the addition. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary to carry out this Act.

Summary: Angeles and San Bernardino National Forests Protection Act - Incorporates specified proposed wilderness additions into the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San Bernardino National Forests in California. Sets forth provisions regarding private property and water rights protections and permissible activities in such additions. Authorizes the Secretary of Agriculture to take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas that are necessary for the control of fire, insects, and diseases. Directs the Secretary to assess a specified maintenance backlog in the Angeles and San Bernardino National Forests. Requires completion of the studies regarding the potential addition of portions of the San Gabriel River, San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system.


SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``American Indian Equal Justice Act''. (b) Findings.--Congress finds that-- (1) a universal principle of simple justice and accountable government requires that all persons be afforded legal remedies for violations of their legal rights; (2) the fifth amendment of the Constitution builds upon that principle by guaranteeing that ``. . . no person shall be deprived of life, liberty, or property without due process of law''; (3) sovereign immunity, a legal doctrine that has its origins in feudal England when it was policy that the ``King could do no wrong'', affronts that principle and is incompatible with the rule of law in democratic society; (4) for more than a century, the Government of the United States and the States have dramatically scaled back the doctrine of sovereign immunity without impairing their dignity, sovereignty, or ability to conduct valid government policies; (5) the only remaining governments in the United States that maintain and assert the full scope of immunity from lawsuits are Indian tribal governments; (6) according to the 1990 decennial census conducted by the Bureau of the Census, nearly half of the individuals residing on Indian reservations are non-Indian; (7) for the non-Indian individuals referred to in paragraph (6) and the thousands of people of the United States, Indian and non-Indian, who interact with tribal governments everyday, the rights to due process and legal remedy are constantly at risk because of tribal immunity; (8) by providing a complete shield from legal claims, the doctrine of sovereign immunity frustrates justice and provokes social tensions and turmoil inimical to social peace; (9) the Supreme Court has affirmed that Congress has clear and undoubted constitutional authority to define, limit, or waive the immunity of Indian tribes; and (10) it is necessary to address the issue referred to in paragraph (9) in order to-- (A) secure the rights provided under the Constitution for all persons; and (B) uphold the principle that no government should be above the law. (c) Purpose.--The purpose of this Act is to assist in ensuring due process and legal rights throughout the United States and to strengthen the rule of law by making Indian tribal governments subject to judicial review with respect to certain civil matters. SEC. 2. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' means any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior. (2) Tribal immunity.--The term ``tribal immunity'' means the immunity of an Indian tribe from jurisdiction of the courts, judicial review of an action of that Indian tribe, and other remedies. SEC. 3. COLLECTION OF STATE TAXES. Section 1362 of title 28, United States Code, is amended-- (1) by inserting ``(a)'' before ``The district courts''; (2) by inserting ``(referred to in this section as an `Indian tribe')'' after ``Interior''; and (3) by adding at the end the following: ``(b)(1) An Indian tribe, tribal corporation, or member of an Indian tribe, shall collect, and remit to a State, any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by the nonmember from the Indian tribe, tribal corporation, or member. ``(2) A State may bring an action in a district court of the United States to enforce the requirements under paragraph (1). ``(3) To the extent necessary to enforce this subsection with respect to an Indian tribe, tribal corporation, or member of an Indian tribe, the tribal immunity of that Indian tribe, tribal corporation, or member is waived.''. SEC. 4. INDIAN TRIBES AS DEFENDANTS. (a) Provisions To Parallel the Provisions That Are Popularly Known as the Tucker Act.--Section 1362 of title 28, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(c)(1) The district courts of the United States shall have original jurisdiction in any civil action or claim against an Indian tribe, with respect to which the matter in controversy arises under the Constitution, laws, or treaties of the United States. ``(2) The district courts shall have jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe. ``(d) Subject to the provisions of chapter 171A, the district courts shall have jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the date of enactment of the American Indian Equal Justice Act for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if a private individual or corporation would be liable to the claimant in accordance with the law of the State where the act or omission occurred. ``(e) To the extent necessary to enforce this section, the tribal immunity (as that term is defined in section 2 of the American Indian Equal Justice Act) of the Indian tribe (as that term is defined in such section 2) involved is waived.''. SEC. 5. TORT CLAIMS PROCEDURE. (a) In General.--Part 6 of title 28, United States Code, is amended by inserting after chapter 171 the following: ``CHAPTER 171A--INDIAN TORT CLAIMS PROCEDURE ``Sec. ``2691. Definitions. ``2692. Liability of Indian tribes. ``2693. Compromise. ``2694. Exceptions; waiver. ``Sec. 2691. Definitions ``In this chapter: ``(1)(A) Subject to subparagraph (B), the term `employee of an Indian tribe' includes-- ``(i) an officer or employee of an Indian tribe; and ``(ii) any person acting on behalf of an Indian tribe in an official capacity, temporarily or permanently, whether with or without compensation (other than an employee of the Federal Government or the government of a State or political subdivision thereof who is acting within the scope of the employment of that individual). ``(B) The term includes an individual who is employed by an Indian tribe to carry out a self-determination contract (as that term is defined in section 4(j) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(j))). ``(2) The term `Indian tribe' means any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior. ``Sec. 2692. Liability of Indian tribes ``(a) An Indian tribe shall be liable, relating to tort claims, in the same manner and to the same extent, as a private individual or corporation under like circumstances, but shall not be liable for interest before judgment or for punitive damages. ``(b) In any case described in subsection (a) in which a death was caused and the law of the State where the act or omission complained of occurred provides for punitive damages, the Indian tribe shall, in lieu of being liable for punitive damages, be liable for actual or compensatory damages resulting from that death to each person on behalf of whom action was brought. ``Sec. 2693. Compromise ``The governing body of an Indian tribe or a designee of that governing body may arbitrate, compromise, or settle any claim cognizable under section 1362(d). ``Sec. 2694. Exceptions; waiver ``(a) The provisions of this chapter and section 1362(d) shall not apply to any case relating to a controversy relating to membership in an Indian tribe. ``(b) With respect to an Indian tribe, to the extent necessary to carry out this chapter, the tribal immunity (as that term is defined in section 2 of the American Indian Equal Justice Act) of that Indian tribe is waived.''. (b) Clerical Amendment.--The table of chapters for title 28, United States Code, is amended by inserting after the item relating to chapter 171 the following: ``171A. Indian Tort Claims Procedure........................ 2691''. SEC. 6. INDIAN TRIBES AS DEFENDANTS IN STATE COURTS. (a) Consent to Suit in State Court.--Consent is hereby given to institute a civil cause of action against an Indian tribe in a court of general jurisdiction of the State, on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action-- (1) arises under Federal law or the law of a State; and (2) relates to-- (A) tort claims; or (B) claims for cases not sounding in tort that involve any contract made by the governing body of an Indian tribe or on behalf of an Indian tribe. (b) Tort Claims.--In any action brought in a State court for a tort claim against an Indian tribe, that Indian tribe shall be liable to the same extent as a private individual or corporation under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. (c) Federal Consent.--Notwithstanding the provisions of the Act of August 15, 1953 (67 Stat. 588 et seq., chapter 505), section 1360 of title 28, United States Code, and sections 401 through 404 of the Civil Rights Act of 1968 (25 U.S.C. 1321 through 1324) and section 406 of such Act (25 U.S.C. 1326) that require the consent of an Indian tribe for a State to assume jurisdiction over matters of civil law, this section constitutes full and complete consent by the United States for a State court to exercise jurisdiction over any claim referred to in subsection (a). (d) Removal.--An action brought under this section-- (1) shall not be removable under section 1441 of title 28, United States Code; and (2) shall be considered to meet the requirements for an exception under section 1441(a) of title 28, United States Code. SEC. 7. INDIAN CIVIL RIGHTS. Title II of the Civil Rights Act of 1968 (commonly known as the ``Indian Civil Rights Act'') (25 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``SEC. 204. ENFORCEMENT. ``The district courts of the United States shall have jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under this title. With respect to an Indian tribe, to the extent necessary to enforce this title, the tribal immunity of that Indian tribe (as that term is defined in section 2 of the American Indian Equal Justice Act) is waived.''. SEC. 8. APPLICABILITY. This Act and the amendments made under this Act shall apply to cases commenced against an Indian tribe on or after the date of enactment of this Act.

Summary: American Indian Equal Justice Act - Amends Federal law concerning the jurisdiction of U.S. district courts to make it a requirement that an Indian tribe, tribal corporation, or member of an Indian tribe collect and remit to a State any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by nonmembers from the Indian tribe, tribal corporation, or member. Permits a State to bring an action in a U.S. district court to enforce the requirement. Grants U.S. district courts: (1) original jurisdiction in any civil action or claim against an Indian tribe, in matters arising under the Constitution, laws, or treaties of the United States; (2) jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe; and (3) subject to Indian tribe tort claims procedure provisions under this Act, jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Sets forth Indian tort claims procedure provisions. Excepts any case relating to a controversy about membership in an Indian tribe. Grants consent to institute a civil cause of action against an Indian tribe in a State court on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action: (1) arises under Federal or State law; and (2) relates to tort claims or claims not sounding in tort that involve any contract made by the governing body of an Indian tribe on or behalf of a tribe. Provides, in any tort action brought in a State court against an Indian tribe, for that tribe to be liable to the same extent as a private individual or corporation under like circumstances, but not to be liable for interest prior to judgment or for punitive damages. Amends title II of the Civil Rights Act of 1968 (the Indian Civil Rights Act) to grant U.S. district courts jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under such title.


SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Improvement Act of 1994''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the single family housing mortgage insurance program of the Department of Housing and Urban Development is a significant factor in promoting first-time and affordable homeownership in the United States; (2) use of mortgage financing under the program has decreased in recent years, due in part to increasing complexity of mortgage origination and servicing under the program; (3) simplifying and streamlining the loan criteria and loan approval process under the program would have a positive effect on use of the program without increasing risk to the Mutual Mortgage Insurance Fund; and (4) flexible lending products can be developed without increasing risk to the Mutual Mortgage Insurance Fund. SEC. 3. LOAN FLOOR. Subparagraph (A) of the first sentence of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking the matter following clause (ii) and inserting the following: ``except that the applicable dollar amount limitation in effect under this subparagraph (A) for any area may not be less than the greater of-- ``(I) the dollar amount limitation in effect under this section for the area on the date of enactment of the FHA Improvement Act of 1994; or ``(II) the applicable average area purchase price determined under section 143(e)(2) of the Internal Revenue Code of 1986, as adjusted by the Secretary to reflect a single amount using purchase prices for residences that have been previously occupied, and for residences that have not been so occupied, which amount shall be adjusted by the Secretary annually on the basis of the Constant Quality Housing Price Index;''. SEC. 4. CALCULATION OF DOWNPAYMENT. Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended-- (1) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) except as otherwise provided in this paragraph (2), not in excess of-- ``(i) 98.75 percent of the appraised value of the property, in the case of a mortgage with an appraised value equal to or less than $50,000, or ``(ii) 97.5 percent of the appraised value of the property, in the case of a mortgage with an appraised value in excess of $50,000, plus the amount of the mortgage insurance premium paid at the time the mortgage is insured.''; (2) by striking the 2d sentence of the matter following subparagraph (B); and (3) in penultimate undesignated paragraph-- (A) in the 2d sentence, by striking ``the preceding sentence'' and inserting ``this subsection''; and (B) by striking the first sentence. SEC. 5. ISSUANCE OF INSURANCE BY MORTGAGEES. Section 215 of the National Housing Act (12 U.S.C. 1715f) is amended-- (1) by inserting ``(a) Mortgages Without Insured Permanent Financing.--'' after ``Sec. 215''; and (2) by adding at the end the following new subsection: ``(b) Issuance of Insurance Certificates by Mortgagee.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall implement a system for insuring mortgages under this title involving properties upon which are located 1- to 4-family dwelling units that provides that any mortgagee that is authorized by the Secretary to process mortgages as direct endorsement mortgages may endorse a mortgage for insurance, execute a firm commitment for insurance binding upon the Secretary, and issue a certificate of mortgage insurance under this title, without review and approval by the Secretary of the specific mortgage.''. SEC. 6. ELIMINATION OF RESTRICTIONS REGARDING NEW CONSTRUCTION. (a) In General.--Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended, in the matter following subparagraph (B) (as amended by section 3 of this Act)-- (1) in the 1st undesignated paragraph, by striking ``Notwithstanding any other provision of this section,'' and all that follows through ``beginning of construction.''; and (2) by striking the 2d undesignated paragraph (relating to mortgage insurance amounts for residences having solar energy systems) (b) Repeal of Authority to Expend Amounts From Insurance Fund to Correct Substantial Defects.--Section 518 of the National Housing Act (12 U.S.C. 1735b) is hereby repealed. SEC. 7. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY MEMBERS FOR DOWNPAYMENTS. (a) In General.--Section 203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9)) is amended by inserting before the period at the end the following: ``: Provided further, That for purposes of this paragraph, the Secretary shall consider as cash or its equivalent any amounts borrowed from a family member (as such term is defined in section 201), subject only to the requirements that, in any case in which the repayment of such borrowed amounts is secured by a lien against the property, such lien shall be subordinate to the mortgage and the sum of the principal obligation of the mortgage and the obligation secured by such lien may not exceed 100 percent of the appraised value of the property plus any initial service charges, appraisal, inspection, and other fees in connection with the mortgage''. (b) Definition of Family Member.--Section 201 of the National Housing Act (12 U.S.C. 1707) is amended by adding at the end the following new subsections: ``(e) The term `family member' means, with respect to a mortgagor under such section, a child, parent, or grandparent of the mortgagor (or the mortgagor's spouse). In determining whether any of the relationships referred to in the preceding sentence exist, a legally adopted son or daughter of an individual (and a child who is a member of an individual's household, if placed with such individual by an authorized placement agency for legal adoption by such individual), and a foster child of an individual, shall be treated as a child of such individual by blood. ``(f) The term `child' means, with respect to a mortgagor under such section, a son, stepson, daughter, or stepdaughter of such mortgagor.''. SEC. 8. APPROVAL OF CONDOMINIUM PROJECTS. Section 234 of the National Housing Act (12 U.S.C. 1715y) is amended by striking subsection (k) and inserting the following new subsection: ``(k) Approval of Projects.-- ``(1) In general.--A mortgage covering a multifamily project or a condominium unit in a multifamily project shall be eligible for mortgage insurance under this section notwithstanding any other provision of this section relating to requirements for multifamily projects if the project has been approved by a government-sponsored housing enterprise and-- ``(A) in the case of a mortgage covering any condominium unit in the project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (c); and ``(B) in the case of a blanket mortgage covering the multifamily project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (d). ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) The term `approved by a government-sponsored housing enterprise' means, with respect to a multifamily housing project having a condominium ownership structure, that a government-sponsored housing enterprise has determined that any mortgage covering the project or any condominium property in the project may be purchased by the enterprise if such mortgage is otherwise determined by the enterprise to meet the standards and requirements of the enterprise relating to mortgages. ``(B) The term `condominium unit' means, with respect to a multifamily property, a 1-family dwelling unit in the project and an undivided interest in the common areas and facilities that serve the project. ``(C) The term `government-sponsored housing enterprise' means-- ``(i) the Federal National Mortgage Association; and ``(ii) the Federal Home Loan Mortgage Corporation.''. SEC. 9. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES. Title II of the National Housing Act (12 U.S.C. 1701 et seq.) is amended by adding at the end the following new section: ``2-step single family mortgages ``Sec. 256. (a) Authority.--After making the finding required under subsection (d), the Secretary may insure under any provision of this title a mortgage involving property upon which there is located a dwelling designed principally for occupancy by 1 to 4 families, where the mortgage provides that the effective rate of interest charged is-- ``(1) fixed for the duration of a specified period that consists of not less than the first 5 years of the mortgage term; ``(2) adjusted by the mortgagee upon the expiration of the specified period referred to in paragraph (1) for the mortgage; and ``(3) for the term of the mortgage remaining after such adjustment-- ``(A) fixed at the adjusted rate established pursuant to paragraph (2); or ``(B) periodically adjusted by the mortgagee. ``(b) Redetermination of Rate.--For each mortgage insured pursuant to this section, the adjustment of the effective rate of interest pursuant to subsection (a)(2) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years. The adjustment in the effective rate of interest shall correspond to a specified national interest rate index that is approved in regulations issued by the Secretary and information on which is readily accessible to the mortgagors from generally available published sources. ``(c) Limitations on Second-Step Periodic Rates.--For each mortgage insured pursuant to this section for which the effective rate of interest charged pursuant to subsection (a)(3) is periodically adjusted under subparagraph (B) of such subsection, such adjustments in the interest rate-- ``(1) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years; ``(2) shall correspond to a specified national interest rate index that is approved in regulations issued the Secretary and information on which is readily accessible to the mortgagors from generally available published sources; ``(3) shall be made on an annual basis; ``(4) shall be limited, with respect to any single interest rate increase, to no more than 1 percent on the outstanding loan balance; and ``(5) be limited to a maximum increase of 5 percentage points above the initial contract interest rate over the term of the mortgage. ``(d) Conditions on Insuring Authority.--The Secretary may insure mortgages pursuant to this section only after determining that the risk posed by such insurance to the financial safety and soundness of the insurance fund of which the mortgage insurance is an obligation does not exceed such risk posed by insurance of mortgages of equivalent terms having fixed interest rates over such terms. ``(e) Description of Features.--The Secretary shall issue regulations requiring that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the 2-step mortgage insured pursuant to this section. ``(f) Limitation of Total Number of Mortgages Insured.--The aggregate number of mortgages and loans insured pursuant to this section in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year.''. SEC. 10. STUDY REGARDING MORTGAGE INSURANCE PREMIUMS AND MORTGAGE AMOUNT LIMITATIONS. The Secretary of Housing and Urban Development shall conduct a study to determine-- (1) various methods of decreasing the amounts of the up- front and annual premiums charged for mortgage insurance under the single family home mortgage insurance program under title II of the National Housing Act; and (2) the effects of such various methods on the financial safety and soundness of the Mutual Mortgage Insurance Fund. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the findings of the study under this section and any recommendations of the Secretary resulting from such findings.

Summary: FHA Improvement Act of 1994 - Amends the National Housing Act to revise the single family mortgage insurance program. Directs the Secretary of Housing and Urban Development to study mortgage insurance premiums and mortgage amount limitations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Medical Services Patient Safety, Protection, and Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Aviation Administration is responsible for regulating civil aviation in the United States. (2) Each State is responsible for the regulation of public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine within its jurisdiction. (3) Helicopter medical services are an essential component of the health care delivery and emergency medical services system in each State and are integral to each State's management of public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine within the State's jurisdiction. (4) Existing or future regulation of helicopter medical services by the several States is in the public interest. (5) Helicopter medical services represent a unique and discrete area of air transportation because those services present issues involving the adequacy and availability of medical services to patients. (6) Court rulings and statutory interpretations issued by the Secretary of Transportation have imposed limitations on, impeded, or prevented, the ability of States to effectively regulate helicopter medical services in a manner similar to the regulation of other health care services by the States. (7) Those rulings and interpretations have concluded that certain State actions related to public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine, and related aspects of helicopter medical services, are preempted by Federal law, either pursuant to the preemption provisions of the Airline Deregulation Act of 1978 (Public Law 95-504; 92 Stat. 1705) or through the application of the ``field occupation'' preemption doctrine. (8) The Airline Deregulation Act of 1978 did not contemplate helicopter medical services, and the use of the Act to strike down intrastate health-related regulations overseeing the provision of helicopter medical services that would otherwise be permissible with respect to any other segment of the health care industry is not in the public interest. (9) At the same time, it is also important to ensure that the Federal Aviation Administration's plenary and exclusive jurisdiction over matters of aviation safety is not infringed by any State. Accordingly, any State health-related regulation of helicopter medical services must be harmonized and shall not be inconsistent with Federal regulation of aviation safety because the safe operation of the helicopter medical services flight is of paramount importance. (10) Accordingly, there is a need for clarification of existing Federal law so that States may regulate helicopter medical services with respect to public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine without infringing on the Federal government's plenary power to regulate aviation safety. SEC. 3. CLARIFICATION OF STATE AUTHORITY OVER HELICOPTER MEDICAL SERVICES. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40130. Clarification of State authority over helicopter medical services ``(a) Clarification of State Authority.--Nothing in this subtitle shall prohibit a State from-- ``(1) requiring medical licenses for the provision of helicopter medical services between locations within the State; or ``(2) prescribing regulations relating to the provision of such services if such regulations are prescribed pursuant to subsection (c), (d), or (e). ``(b) Applicability of Federal Aviation Safety Authority.--No State health-related regulation established pursuant to this section shall supersede or be inconsistent with any Federal operating requirement with respect to aviation safety. ``(c) State Authority Over Medical Services.--A State may prescribe regulations relating to the provision of helicopter medical services with respect to the following: ``(1) The medical qualifications and medical training of helicopter medical personnel, except that a State may not impose any requirement with respect to a pilot. ``(2) The obligation of providers of helicopter medical services to comply with the health planning, patient safety, and medical service requirements of the State, including-- ``(A) coordination of the interrelationship, interaction, and agreements among providers of helicopter medical services, providers of other emergency medical services, providers of other medical transport services, referring entities, and medical institutions that receive patients transported by providers of helicopter medical services with respect to the transport of patients; ``(B) demonstration of adequate capacity to provide helicopter medical services; ``(C) demonstration of the need for new or expanded helicopter medical services; ``(D) determinations with respect to the number and base location of helicopters used in the provision of helicopter medical services within the State or region of the State or the regulation of competition for specific markets within the State; ``(E) affiliation with health care institutions; ``(F) sanitation and infection control protocols; ``(G) medical records requirements; ``(H) quality of medical care requirements, including participation in patient safety and medical quality control efforts, such as peer review processes, utilization review, and error reporting systems; and ``(I) the proffer of gifts of monetary value (other than training or educational programs) to referring entities (or personnel employed by such entities) within the State. ``(d) State Authority Over Medical Services Subject to Harmonization Requirement.--A State may prescribe regulations relating to the provision of helicopter medical services with respect to the following, if such regulations are harmonized with, and do not infringe upon, any applicable Federal operating requirements: ``(1) The establishment of appropriate medical criteria for determining the appropriate medical institution to receive a patient being transported from the scene at which the patient's injury or accident, or other event resulting in the need for medical services for the patient, occurred. ``(2) The specification of service requirements with respect to geographic areas within the State or during specified hours and days. ``(3) The coordination of flight requests for emergency helicopter medical services. ``(4) The compliance with accreditation requirements regarding medical services, except where such requirements infringe upon relevant Federal operating requirements. ``(5) The provision of emergency helicopter medical services to all persons for whom such services are medically necessary and appropriate. ``(e) State Authority Over Medical Services Subject to Consistency Requirement.-- ``(1) In general.--Subject to paragraph (2), a State may prescribe regulations relating to the provision of helicopter medical services with respect to the following, if such regulations are consistent with, and do not infringe upon, any applicable Federal operating requirements: ``(A) The necessary medical equipment and supplies to be carried on board or affixed to the helicopter. ``(B) The physical attributes of the helicopter-- ``(i) necessary for the provision of quality medical care, including-- ``(I) permanently installed climate control systems capable of meeting specified temperature settings; ``(II) a configuration that allows adequate access to the patient, medical equipment, and medical supplies by the helicopter medical personnel; ``(III) use of materials in the helicopter that are appropriate for proper patient care; ``(IV) sufficient electrical supply to support medical equipment without compromising helicopter power; and ``(V) the ability of the helicopter to transport a patient a certain distance without refueling within the State; and ``(ii) necessary-- ``(I) for the protection of helicopter personnel, ground medical personnel, and emergency response personnel; and ``(II) to ensure that the helicopter has no structural or functional defects that may adversely affect such personnel, such as by requiring tailroter illumination for loading patients at night or external search lights. ``(C) Communication capabilities enabling-- ``(i) the helicopter medical personnel to communicate with emergency medical services and public safety personnel and personnel at medical institutions that receive patients transported by providers of helicopter medical services; and ``(ii) the flightcrew to communicate with the helicopter medical personnel, to the extent that the communications do not interfere with the safe operation of the flight. ``(2) Limitations.-- ``(A) Providers licensed in multiple states.--If a provider of helicopter medical services is licensed to provide such services in more than one State and the regulations established pursuant to this subsection by the States in which the provider is licensed are inconsistent, the provider shall comply with the most stringent of such regulations. ``(B) Nondelegation requirement.--A State may not delegate authority provided under this subsection to a political subdivision of the State. ``(f) Interstate Agreements.--In regulating the provision of helicopter medical services pursuant to this section, a State shall, if necessary, establish regulations or negotiate mutual aid agreements with adjacent States or providers of helicopter medical services in adjacent States to ensure access to helicopter medical services across State borders. ``(g) Definitions.--In this section: ``(1) Helicopter medical services.--The term `helicopter medical services' means the helicopter transport of a patient, in both emergency and nonemergency situations, as well as the medical services provided to such patient in the course of transport by such helicopter. ``(2) Federal operating requirements.--The term `Federal operating requirements' means requirements under part A of subtitle VII of title 49, United States Code, and Federal aviation regulations set forth in title 14, Code of Federal Regulations. ``(3) Referring entities.--The term `referring entity' means any entity that dispatches or provides a referral for a provider of helicopter medical services, such as a medical institution, an agency providing emergency medical services, or a first responder.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``40130. Clarification of State authority over intrastate helicopter medical services.''.

Summary: Helicopter Medical Services Patient Safety, Protection, and Coordination Act - Authorizes states to regulate helicopter medical services with respect to: (1) the medical qualifications and training of helicopter medical personnel; and (2) the obligation of providers of helicopter medical services to comply with a state's health planning, patient safety, and medical service requirements. Prohibits states from imposing requirements on pilots. Authorizes states to regulate the following aspects of helicopter medical services to the extent such regulations are harmonized with applicable federal operating requirements: (1) establishment of criteria for determination of the appropriate medical institution to receive a transported patient; (2) specification of service requirements with respect to geographic areas within a state or during specified hours and days; (3) coordination of flight requests for emergency helicopter medical services; (4) compliance with medical services accreditation requirements, except where they infringe upon relevant federal operating requirements; and (5) provision of emergency helicopter medical services to all persons where needed. Authorizes a state to regulate certain aspects of helicopter medical services to the extent that such regulations are consistent with, and do not infringe upon, applicable federal operating requirements. Specifies among the aspects of helicopter medical services which states may regulate: (1) the necessary medical equipment and supplies to be carried on board or affixed to the helicopter; (2) the physical attributes of the helicopter necessary for the provision of quality medical care and for the protection of helicopter, ground medical, and emergency response personnel; and (3) specified communication capabilities among helicopter medical personnel and emergency medical services and public safety personnel, and between the flight crew and helicopter medical personnel. Requires a provider of helicopter medical services that is licensed in more than one state where state helicopter medical services regulations are inconsistent to comply with the most stringent regulation. Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states, or providers of helicopter medical services in such states, to ensure access to such services across state borders.


To amend the Federal Food, Drug, and Cosmetic Act to ensure that human tissue intended for transplantation is safe and effective and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Human Tissue for Transplantation Act of 1993''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. SEC. 2. FINDINGS. The Congress finds that reasonable assurance of the safety and effectiveness of human tissue for transplantation through regulatory oversight is necessary to protect the public health against the transmission of infectious disease or the conduct of medical therapy with human tissue unfit for use. SEC. 3. DEFINITIONS. Section 201 (21 U.S.C. 321) is amended-- (1) in the first sentence of paragraph (g)(1), by striking ``, and (D), and inserting ``, (D)'' and by inserting before the period ``, and (E) human tissue in combination with a drug as described in clause (A), (B), (C), or (D)'', (2) in paragraph (h), by inserting after ``implant,'' the following: ``human tissue (other than banked human tissue),'', and (3) by adding at the end the following: ``(gg)(1) The term `tissue' means an aggregate of cells or their intercellular substance that form a structural material. ``(2)(A) The term `banked human tissue' means any tissue-- ``(i) derived from a human body that is intended for administration to a human for the diagnosis, cure, mitigation, treatment or prevention of any condition or disease, ``(ii) procured, processed, stored, or distributed by methods to prevent the transmission of infectious disease and to preserve clinical usefulness, and ``(iii) not intended to change tissue structure or functional characteristics. ``(B) Such term does not include-- ``(i) whole organs, including hearts, kidneys, livers, lungs, pancreases, or any other organ containing vasculature that carries blood after transplantation, ``(ii) blood, blood products, bone marrow, reproductive tissue, or human milk, or ``(iii) autograft human tissue that is not stored or processed during a single surgical procedure.''. ``(3) The term `human tissue bank' means a person that procures, processes, stores, or distributes banked human tissue.''. SEC. 4. REGULATION OF HUMAN TISSUE BANKS Chapter V is amended by adding at the end the following: ``Subchapter D-Human Tissue Banks ``regulation of human tissue banks ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the transmission of infectious disease by the use of banked human tissue, the Secretary may by regulation require-- ``(1) the screening of donors of tissue, ``(2) the testing of donors of tissue and tissue donated, and ``(3) recordkeeping by human tissue banks, including records that provide a method to track tissue from a donor to a recipient and from a recipient to a donor, taking into account the privacy interest of donors, donor families, and recipients. ``(b) Good Tissue Banking Practice.--The Secretary shall by regulation establish good tissue banking practices by human tissue banks which may require-- ``(1) ascertainment of donor suitability, ``(2) recovery of cadaveric or living donor tissue, ``(3) tissue screening and acceptance, ``(4) validation of the manufacturing, equipment, and facilities used for banked human tissue, ``(5) finished tissue inspection and control, ``(6) inspection for quality control, ``(7) investigation of failures involving banked human tissue and files of complaints about such failures, ``(8) recordkeeping, ``(9) assurance of the quality of banked human tissue, ``(10) personnel requirements, including a requirement for a medical director who is a physician licensed to practice medicine in the State in which the bank is located, and ``(11) special practices for specific tissues. ``(c) Labeling, Advertising, and Promotion.--The Secretary may by regulation prescribe requirements for the labeling, advertising, and promotion of banked human tissue by human tissue banks. Such requirements shall include-- ``(1) requirements for adequate direction for use, and ``(2) information about results from the use of banked human tissue according to directions or under customary and usual conditions. ``(d) Operating Permits.-- ``(1) In general.--The Secretary shall by regulation require human tissue banks to acquire a permit for operation. Such a permit may be acquired by a human tissue bank if-- ``(A) the human tissue bank has on file with the Secretary an application for such permit which demonstrates, through supporting documentation, that the bank is in compliance with the requirements of subsections (a), (b), and (c), ``(B) the human tissue bank has on file with the Secretary an application for an exemption from the requirements of subsection (a), (b), or (c) and the Secretary has approved such application based upon-- ``(i) data from well controlled scientific studies designed to provide reasonable assurance that an exemption from such requirements is safe and does not reduce clinical utility, or ``(ii) a determination by the Secretary, after consultation with a Tissue Advisory Committee, that such an exemption does not affect the safety and effectiveness of the operations of such bank, or ``(C) the human tissue bank has on file with the Secretary an application for an exemption from the requirements of subsection (a), (b), or (c) to investigate new or existing standards, methods, or uses relating to tissue, such application is submitted with a proposed scientific protocol for such investigation, and the Secretary has determined that such investigation does not affect the safety and effectiveness of the operations of such bank and that patients of the bank will be protected by a requirement of adequate informed consent. ``(2) Permits.--The Secretary shall issue an operating permit to a human tissue bank if the Secretary determines the bank meets the requirements of paragraph (1). Such a permit shall identify the tissues banked by the bank and the methods of procurement, processing, storage, and distribution of such tissue which the Secretary had determined to be safe and effective. A permit shall be valid for such period as specified by the Secretary but not for more than 3 years. ``(3) Amendment.--The Secretary shall allow a human tissue bank which has a permit issued under paragraph (2) to amend the permit if under the amendment the human tissue bank is still in compliance with paragraph (1). ``(4) Revocation.--The Secretary shall revoke, in whole or in part, a permit of a human tissue bank issued under paragraph (2) if the Secretary determines that the bank is operating in a manner which is inconsistent with its permit and which places the bank out of compliance with paragraph (1). ``(e) Registration.--Each human tissue bank, except human tissue banks that operate solely for research or teaching, shall under regulations of the Secretary be required to register in accordance with the requirements of section 510 as made applicable under such regulations. ``(f) Regulations.--The Secretary shall promulgate the regulations required by subsection (a), (b), (c), (d), and (e) within 5 years of the date of the enactment of the Human Tissue for Transplantation Act of 1993 and shall be based on adequate scientific evidence. ``tissue advisory committees ``Sec. 546. (a) In General.--The Secretary shall establish a national advisory committee to be known as the Tissue Advisory Committee (hereinafter in this section referred to as the `advisory committee'). The advisory committee shall be established within one year of the date of the enactment of the Human Tissue for Transplantation Act of 1993. ``(b) Composition.--The advisory committee shall be comprised of not fewer than 13 or more than 19 individuals who are not officers or employees of the Federal Government. The Secretary shall make appointments to the advisory committee from among physicians, other health care practitioners, and representatives of human tissue bank consumers and industry groups whose clinical practice, research specialization, or expertise include a significant focus on tissue transplantation by human tissue banks. ``(c) Functions.--The advisory committee shall-- ``(1) advise the Secretary on appropriate quality standards and regulations for human tissue banks under section 545, ``(2) report on new developments concerning tissue transplantation, ``(3) advise the Secretary on appropriate standards for the prevention of infectious disease transmission by banked human tissues, ``(4) advise the Secretary on appropriate quality standards for good tissue banking practices under section 545(b), ``(5) advise the Secretary in the development of regulations to ensure that adequate directions for use of banked human tissues are provided by human tissue banks, ``(6) make recommendations in the establishment of mechanisms to investigate consumer complaints, and ``(7) perform such other activities as the Secretary may require. ``(d) Meetings.--The advisory committee shall meet not less often than quarterly during the first 3 years of its operation. ``(e) Chairperson.--The Secretary shall appoint the chairperson of the advisory committee from among members of the advisory committee.''. SEC. 5. ENFORCEMENT. (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended-- (1) by inserting ``, banked human tissue,'' after ``drug'' before paragraph (a), (2) in paragraphs (a)(2)(B) and (d), by inserting ``or banked human tissue'' after ``drug'' each place it occurs, (3) by adding at the end the following: ``(j)(1) If it is banked human tissue and the materials, facilities, or controls used for its procurement, processing, distribution, or storage are not in conformity with the requirements of section 545(b). ``(2) If it is banked human tissue for which an exemption for investigation use of human tissue has been granted under section 545(d)(1)(D) and the person granted such exemption or any investigator fails to comply with the requirements of such section.'', and (4) in the title to the section, by inserting ``or banked human tissue'' after ``drugs. (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended-- (1) by inserting ``, banked human tissue,'' after ``drug'' before paragraph (a), (2) in paragraph (f), the first sentence of paragraph (h), and (i), by inserting ``or banked human tissue'' after ``drug'' each place it occurs (3) in paragraph (o), by inserting ``or if an application or other information respecting it was not provided as required by section 545(d),'' after ``510(e)'', (4) by adding at the end the following: ``(u)(1) If it is banked human tissue subject to regulation under section 545(c) unless it bears such labeling as may be required. ``(2) If it is a banked human tissue distributed or offered for sale in any State and its promotion or advertising is false or misleading in any particular.'', and (5) in the title to the section, by inserting ``or banked human tissue'' after ``drugs. (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended-- (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by inserting ``, banked human tissue'' after ``drug'' each place it occurs, (2) in paragraph (d), by striking ``404 or 505'' and inserting ``404, 505, or 545'', (3) in paragraph (j), by inserting ``, 545'' after ``520'', (4) in paragraph (p), by striking ``510,'' and inserting ``510 or 545(e),'', and (5) in paragraphs (q)(2) and (r), by inserting ``or banked human tissue'' after ``device''. (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by inserting ``or banked human tissues'' after ``devices''. (e) Seizures.--Section 304 (21 U.S.C. 334) is amended-- (1) in subsections (a)(1) and (d)(1), by inserting ``, banked human tissue'' after ``drug'', (2) in subsection (a)(1), by striking ``, and (D)'' and inserting ``(D) Any adulterated or misbranded banked human tissue, and (E)'', and (3) in subsection (g)(1), by striking ``or a vehicle, a device'' and inserting ``, a vehicle, a device, or banked human tissue'' and by inserting after each other occurrence of ``device'' the following: ``or banked human tissue''. (f) Investigations.--Section 702 (21 U.S.C. 372) is amended-- (1) in subsection (b), by inserting ``, banked human tissue'' after ``drug'', and (2) in subsection (d), by inserting ``or banked human tissues'' after ``drugs''. (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is amended-- (1) by inserting ``or banked human tissues'' after ``drugs'' each place it occurs, and (2) by inserting ``or banked human tissue'' after ``drug'' each place it occurs. (h) Inspections.--Section 704 (21 U.S.C. 374) is amended-- (1) in subsection (a)(1)(A), by inserting ``, banked human tissues'' after ``drugs'' each place it occurs, (2) in subsection (a)(1)(B), by inserting ``, banked human tissues'' after ``prescription drugs'' each place it occurs, and (3) in subsection (b), by inserting ``, banked human tissue'' after ``drug''. (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by inserting ``, banked human tissues'' after ``drugs''. (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a) is amended by inserting ``or banked human tissue'' after ``device''. (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended-- (1) in the first sentence of subsection (a), by inserting ``, banked human tissues'' and ``drugs'', (2) in subsection (a)(3), by inserting ``or 545'' after ``505'', and (3) in subsections (b) and (e)(1), by inserting ``, banked human tissue'' after ``drug''. SEC. 6. FUNDING. (a) Imposition.--Each human tissue bank-- (1) which has a permit issued under section 545(d) shall pay a fee for such permit, and (2) which is registered under section 545(e) shall pay a fee for such registration. The fees imposed under this subsection are imposed to cover the costs of the Secretary in the implementation of sections 545 and 546. (b) Fee Amount.--The Secretary shall determine the amount of the fees imposed by subsection (a) on the basis of the gross revenue of the human tissue bank paying the fee which relates to the procurement, processing, storage, and distribution of human tissue. (c) Crediting and Availability of Fees.-- (1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation account for salaries and expenses of the Secretary and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (2) Collections.--The fees imposed under subsection (a)-- (A) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (B) shall only be collected and available to defray the costs of implementing sections 545 and 546. (d) Effective Date.--The fee authorized by subsection (a)(1) shall take effect 4 years after the date of the enactment of the Human Tissue for Transplantation Act of 1993 and the fee authorized by subsection (a)(2) shall take effect one year after the date of the enactment. SEC. 7. HUMAN HEART VALVES. (a) Enforcement.--The Secretary of Health and Human Services may not enforce the Secretary's regulation, promulgated on May 13, 1987, and published at page 18162 of 52 Federal Register, insofar as such regulation applies to human heart valves. (b) Premarket Approval Determination.--The determination of the Secretary issued June 26, 1991 (56 FR 29177), acting through the Food and Drug Administration, that human heart valves are replacement heart valves subject to premarket approval under section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force and effect.

Summary: Human Tissue for Transplantation Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of human tissue banks and tissue banking practices. Directs the Secretary of Health and Human Services to establish a Tissue Advisory Committee for advice on standards and regulations. Provides for the use of tissue bank permit fees to cover costs of implementing this Act. Prohibits the Secretary from enforcing existing regulations that treat human heart valves as medical devices subject to premarket approval. Rescinds the determination by the Secretary that human heart valves must undergo premarket approval.