SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Distilled Spirits Tax Payment Simplification Act of 1997''. (b) Reference to 1986 Code.--Except as otherwise expressly provided, whenever 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 Internal Revenue Code of 1986. SEC. 2. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES. (a) In General.--Section 5212 is amended to read as follows: ``SEC. 5212. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES. ``Distilled spirits on which the internal revenue tax has not been paid as authorized by law may, under such regulations as the Secretary shall prescribe, be transferred in bond between bonded premises in any approved container. For the purposes of this chapter, except in the case of any transfer from a premise of a bonded dealer, the removal of distilled spirits for transfer in bond between bonded premises shall not be construed to be a withdrawal from bonded premises.''. (b) Conforming Amendment.--The first sentence of section 5232(a) (relating to transfer to distilled spirits plant without payment of tax) is amended to read as follows: ``Distilled spirits imported or brought into the United States, under such regulations as the Secretary shall prescribe, may be withdrawn from customs custody and transferred to the bonded premises of a distilled spirits plant without payment of the internal revenue tax imposed on such distilled spirits.''. SEC. 3. ESTABLISHMENT OF DISTILLED SPIRITS PLANT. Section 5171 (relating to establishment) is amended-- (1) in subsection (a), by striking ``or processor'' and inserting ``processor, or bonded dealer''; (2) in subsection (b), by striking ``or as both'' and inserting ``as a bonded dealer, or as any combination thereof''; (3) in subsection (e)(1), by inserting ``, bonded dealer,'' before ``processor''; and (4) in subsection (e)(2), by inserting ``bonded dealer,'' before ``or processor''. SEC. 4. DISTILLED SPIRITS PLANTS. Section 5178(a) (relating to location, construction, and arrangement) is amended by adding at the end the following: ``(5) Bonded dealer operations.--Any person establishing a distilled spirits plant to conduct operations as a bonded dealer may, as described in the application for registration-- ``(A) store distilled spirits in any approved container on the bonded premises of such plant, and ``(B) under such regulations as the Secretary shall prescribe, store taxpaid distilled spirits, beer, and wine, and such other beverages and items (products) not subject to tax or regulation under this title on such bonded premises.''. SEC. 5. BONDED DEALERS. (a) Definitions.--Section 5002(a) (relating to definitions) is amended by adding at the end the following: ``(16) Bonded Dealer.--The term `bonded dealer' means any person who has elected under section 5011 to be treated as a bonded dealer. ``(17) Control State Entity.--The term `control State entity' means a State, a political subdivision of a State, or any instrumentality of such a State or political subdivision, in which only the State, political subdivision, or instrumentality is allowed under applicable law to perform distilled spirit operations.''. (b) Election To Be Treated as a Bonded Dealer.--Subpart A of part I of subchapter A of chapter 51 (relating to distilled spirits) is amended by adding at the end the following: ``SEC. 5011. ELECTION TO BE TREATED AS BONDED DEALER. ``(a) Election.--Any wholesale dealer or any control State entity may elect, at such time and in such manner as the Secretary shall prescribe, to be treated as a bonded dealer if such wholesale dealer or entity sells bottled distilled spirits exclusively to a wholesale dealer in liquor, to an independent retail dealer subject to the limitation set forth in subsection (b), or to another bonded dealer. ``(b) Limitation in Case of Sales to Retail Dealers.-- ``(1) By bonded dealer.--Any person, other than a control State entity, who is a bonded dealer shall not be considered as selling to an independent retail dealer if-- ``(A) the bonded dealer has a greater than 10 percent ownership interest in, or control of, the retail dealer; ``(B) the retail dealer has a greater than 10 percent ownership interest in, or control of, the bonded dealer; or ``(C) any person has a greater than 10 percent ownership interest in, or control of, both the bonded and retail dealer. For purposes of this paragraph, ownership interest, not limited to stock ownership, shall be attributed to other persons in the manner prescribed by section 318. ``(2) By control state entity.--In the case of any control State entity, subsection (a) shall be applied by substituting `retail dealer' for `independent retail dealer'. ``(c) Inventory Owned at Time of Election.--Any bottled distilled spirits in the inventory of any person electing under this section to be treated as a bonded dealer shall, to the extent that the tax under this chapter has been previously determined and paid at the time the election becomes effective, not be subject to such additional tax on such spirits as a result of the election being in effect. ``(d) Revocation of Election.--The election made under this section may be revoked by the bonded dealer at any time, but once revoked shall not be made again without the consent of the Secretary. When the election is revoked, the bonded dealer shall immediately withdraw the distilled spirits on determination of tax in accordance with a tax payment procedure established by the Secretary. ``(e) Equitable Treatment of Bonded Dealers Using LIFO Inventory.-- The Secretary shall provide such rules as may be necessary to assure that taxpayers using the last-in, first-out method of inventory valuation do not suffer a recapture of their LIFO reserve by reason of making the election under this section or by reason of operating a bonded wine cellar as permitted by section 5351. ``(f) Approval of Application.--Any person submitting an application under section 5171(c) and electing under this section to be treated as a bonded dealer shall be entitled to approval of such application to the same extent such person would be entitled to approval of an application for a basic permit under section 104(a)(2) of the Federal Alcohol Administration Act (27 U.S.C 204(a)(2)), and shall be accorded notice and hearing as described in section 104(b) of such Act (27 U.S.C. 204(b)).''. (c) Conforming Amendment.--The tables of sections of subpart A of part I of subchapter A of chapter 51 is amended by adding at the end the following: ``Sec. 5011. Election to be treated as bonded dealer.''. SEC. 6. DETERMINATION OF TAX. The first sentence of section 5006(a)(1) (relating to requirements) is amended to read as follows: ``Except as otherwise provided in this section, the tax on distilled spirits shall be determined when the spirits are transferred from a distilled spirits plant to a bonded dealer or are withdrawn from bond.''. SEC. 7. LOSS OR DESTRUCTION OF DISTILLED SPIRITS. Section 5008 (relating to abatement, remission, refund, and allowance for loss or destruction of distilled spirits) is amended-- (1) in subsections (a)(1)(A) and (a)(2), by inserting ``bonded dealer,'' after ``distilled spirits plant,'' both places it appears; (2) in subsection (c)(1), by striking ``of a distilled spirits plant''; and (3) in subsection (c)(2), by striking ``distilled spirits plant'' and inserting ``bonded premises''. SEC. 8. TIME FOR COLLECTING TAX ON DISTILLED SPIRITS. (a) In General.--Section 5061(d) (relating to time for collecting tax on distilled spirits, wines, and beer) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following: ``(5) Advanced payment of distilled spirits tax.-- Notwithstanding the preceding provisions of this subsection, in the case of any tax imposed by section 5001 with respect to a bonded dealer who has an election in effect on September 20 of any year, any payment of which would, but for this paragraph, be due in October or November of that year, such payment shall be made on such September 20. No penalty or interest shall be imposed for the period from such September 20 until the due date determined without regard to this paragraph to the extent that tax due exceeds the tax which would have been due with respect to distilled spirits in the preceding October and November had the election under section 5011 been in effect.''. (b) Conforming Amendment.--Section 5061(e)(1) (relating to payment by electronic fund transfer) is amended by inserting ``or any bonded dealer,'' after ``respectively,''. SEC. 9. EXEMPTION FROM OCCUPATIONAL TAX NOT APPLICABLE. Section 5113(a) (relating to sales by proprietors of controlled premises) is amended by adding at the end the following: ``This subsection shall not apply to a proprietor of a distilled spirits plant whose premises are used for operations of a bonded dealer.''. SEC. 10. CONFORMING AMENDMENTS. (1) Section 5003(3) is amended by striking ``certain''. (2) Section 5214 is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: ``(b) Exception.--Paragraphs (1), (2), (3), (5), (10), (11), and (12) of subsection (a) shall not apply to distilled spirits withdrawn from premises used for operations as a bonded dealer.''. (3) Section 5215 is amended-- (A) in subsection (a), by striking ``the bonded premises'' and all that follows through the period and inserting ``bonded premises.''; (B) in the heading of subsection (b), by striking ``a Distilled Spirits Plant'' and inserting ``Bonded Premises''; and (C) in subsection (d), by striking ``a distilled spirits plant'' and inserting ``bonded premises''. (4) Section 5362(b)(5) is amended by adding at the end the following: ``The term does not mean premises used for operations as a bonded dealer.''. (5) Section 5551(a) is amended by inserting ``bonded dealer,'' after ``processor'' both places it appears. (6) Subsections (a)(2) and (b) of section 5601 are each amended by inserting ``, bonded dealer,'' before ``or processor'' . (7) Paragraphs (3), (4), and (5) of section 5601(a) are each amended by inserting ``bonded dealer,'' before ``or processor'' . (8) Section 5602 is amended-- (A) by inserting ``, warehouseman, processor, or bonded dealer'' after ``distiller''; and (B) in the heading, by striking ``by distiller''. (9) Sections 5115, 5180, and 5681 are repealed. (10) The table of sections for part II of subchapter A of chapter 51 is amended by striking the item relating to section 5115. (11) The table of sections for subchapter B of chapter 51 is amended by striking the item relating to section 5180. (12) The item relating to section 5602 in the table of sections for part I of subchapter J of chapter 51 is amended by striking ``by distiller''. (13) The table of sections for part IV of subchapter J of chapter 51 is amended by striking the item relating to section 5681. SEC. 11. REGISTRATION FEES. (a) General Rule.--The Director of the Bureau of Alcohol, Tobacco, and Firearms shall, in accordance with this section, assess and collect registration fees solely to defray a portion of any net increased costs of regulatory activities of the Government resulting from enactment of this Act. (b) Persons Subject to Fee.--Fees shall be paid in a manner prescribed by the Director by the bonded dealer. (c) Amount and Timing of Fees.--Fees shall be paid annually and shall not exceed $1,000 per bonded premise. (d) Deposit and Credit.--The moneys received during any fiscal year from fees described in subsection (a) shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to conduct the regulatory activities of the Government resulting from enactment of this Act. (e) Limitation.--The aggregate amount of fees assessed and collected under this section may not exceed in any fiscal year the aggregate amount of any net increased costs of regulatory activity referred to in subsection (a). SEC. 12. COOPERATIVE AGREEMENTS. (a) Study.--The Secretary of the Treasury shall study and report to Congress concerning possible administrative efficiencies which could inure to the benefit of the Federal Government of cooperative agreements with States regarding the collection of distilled spirits excise taxes. Such study shall include, but not be limited to, possible benefits of the standardization of forms and collection procedures and shall be submitted 1 year after the date of enactment of this Act. (b) Cooperative Agreement.--The Secretary of the Treasury is authorized to enter into such cooperative agreements with States which the Secretary deems will increase the efficient collection of distilled spirits excise taxes. SEC. 13. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act take effect on the date which is 120 days after the date of enactment of this Act. (b) Exceptions.-- (1) Establishment of distilled spirits plant.--The amendments made by section 3 take effect on the date of enactment of this Act. (2) Special rule.--Each wholesale dealer who is required to file an application for registration under section 5171(c) of the Internal Revenue Code of 1986 whose operations are required to be covered by a basic permit under sections 103 and 104 of the Federal Alcohol Administration Act (27 U.S.C. 203, 204) and who has received such basic permits as an importer, wholesaler, or as both, and has obtained a bond required under subchapter B of chapter 51 of subtitle E of such Code before the close of the fourth month following the date of enactment of this Act, shall be qualified to operate bonded premises until such time as the Secretary of the Treasury takes final action on the application. Any control State entity (as defined in section 5002(a)(17) of such Code, as added by section 5(a)) that has obtained a bond required under such subchapter shall be qualified to operate bonded premises until such time as the Secretary of the Treasury takes final action on the application for registration under section 5171(c) of such Code.

Summary: Distilled Spirits Tax Payment Simplification Act of 1997 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits (including imported distilled spirits) between bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray a portion of the costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Charities Act''. SEC. 2. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED AND MADE PERMANENT. (a) Made Permanent.-- (1) Individuals.--Section 170(b)(1)(E) of the Internal Revenue Code of 1986 is amended by striking clause (vi). (2) Corporations.--Section 170(b)(2)(B) of such Code is amended by striking clause (iii). (b) Contributions of Capital Gain Real Property Made for Conservation Purposes by Native Corporations.-- (1) In general.--Section 170(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified conservation contributions by certain native corporations.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) which-- ``(I) is made by a Native Corporation, and ``(II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Native corporation.--For purposes of this subparagraph, the term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act.''. (2) Conforming amendment.--Section 170(b)(2)(A) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraph (B) or (C) applies''. (3) Valid existing rights preserved.--Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 3. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clauses: ``(ii) Limitation.--The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed-- ``(I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer's aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and ``(II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(D)). ``(iii) Rules related to limitation.-- ``(I) Carryover.--If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. ``(II) Coordination with overall corporate limitation.--In the case of any charitable contribution allowable under clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A).''. (c) Determination of Basis for Certain Taxpayers.--Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: ``(v) Determination of basis for certain taxpayers.--If a taxpayer-- ``(I) does not account for inventories under section 471, and ``(II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food.''. (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: ``(vi) Determination of fair market value.--In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined-- ``(I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and ``(II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date. (2) Limitation; applicability to c corporations.--The amendments made by subsection (b) shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 4. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE PERMANENT. (a) In General.--Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. SEC. 5. BUDGETARY EFFECTS. (a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

Summary: Supporting America's Charities Act - Amends the Internal Revenue Code to make permanent: (1) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes, and (2) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes. Allows a tax deduction for charitable contributions for conservation purposes of property conveyed under the Alaska Native Claims Settlement Act by an Alaska Native Corporation. Modifies the tax deduction for charitiable contributions of food inventory to: (1) increase the amount of deductible food inventory contributions that taxpayers other than C corporations may make in any taxable year from 10% to 15% of their aggregate net income and to limit such amount for a C corporation to 15% of its taxable income; (2) permit a taxpayer who is not required to account for inventories or capitalize indirect costs to elect, solely for purposes of computing the amount of such deduction, to treat the basis of any apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act) as equal to 25% of the fair market value of such food and to set forth a formula for determining the fair market value of such food; and (3) make such deduction, as modified, permanent.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Consumers' Assurance in Moving Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) There are approximately 1,500,000 interstate household moves every year and, while the vast majority of these interstate moves are completed successfully, consumer complaints have been increasing since the Interstate Commerce Commission was abolished in 1996 and oversight of the household goods industry was transferred to the Department of Transportation. (2) While the overwhelming majority of household goods carriers are honest and operate within the law, there appears to be a growing criminal element that is exploiting a perceived void in Federal and State enforcement efforts and who prey upon consumers. (3) The movement of an individual's household goods is unique from the movement of a commercial shipment. A consumer may utilize a moving company once or twice in his or her lifetime and entrust virtually all of his or her worldly goods to a mover. (4) Current Federal regulations allow for a household goods carrier found to be in violation of Federal law to be subject to civil penalties but provide no remedy for consumers who have been harmed by fraudulent or deceptive trade practices of a household goods mover. (5) Various courts have interpreted the ``Carmack'' amendment, related to a carrier's liability in loss and damage claims, to preclude States from pursuing any actions against interstate household goods carriers, including the application of consumer protection laws against fraudulent movers. (6) Federal resources are inadequate to properly police or deter, on a nationwide basis, those movers who willfully violate Federal regulations governing the household goods industry and knowingly prey on consumers who are in a vulnerable position. It is appropriate that a Federal-State partnership be created to enhance enforcement tools against fraudulent moving companies. (7) The Department of Transportation should provide greater information to consumers and review current consumer protection regulations, including insurance and loss and damage remedies relating to individual household goods moves, in order to recommend modifications to current Federal law and regulations relating to rights and liabilities of both consumers and household goods carriers. SEC. 3. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS. (a) Nonpreemption of Intrastate Transportation of Household Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is amended by inserting ``intrastate'' before ``transportation''. (b) Enforcement of Consumer Protection With Respect to Interstate Household Goods Carriers.--Chapter 145 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14506. Enforcement of consumer protection with respect to interstate household goods carriers ``(a) In General.--Notwithstanding any other provision of this title, an individual or a State or political subdivision of a State may enforce a consumer protection law, regulation, or other provision (having the force of law) of such State or political subdivision with respect to the interstate transportation of household goods as defined in section 13102(a)(10)(A). ``(b) Prior Notification.--Before taking any action to enforce a consumer protection law, regulation, or other provision of a State relating to interstate transportation of household goods as defined in section 13102(a)(10)(A) with respect to a motor carrier providing such transportation, the State or a political subdivision of a State shall notify, in writing, the Secretary of Transportation of its intention to enforce such law, regulation, or other provision with respect to such carrier; except that, if it is not feasible for the State or political subdivision to provide the prior notification, the State or political subdivision shall provide the notification, in writing, immediately upon instituting such action. ``(c) Limitation on Statutory Construction.--Nothing in this section shall be construed as authorizing a State or political subdivision of a State to bring an enforcement action under a consumer protection law, regulation, or other provision of the State relating to interstate transportation of household goods as defined in section 13102(a)(10)(A) with respect to an activity that is inconsistent with Federal laws and regulations relating to interstate transportation of household goods.''. (c) Conforming Amendment.--The analysis for chapter 145 of such title is amended by adding at the end the following: ``14506. Enforcement of consumer protection with respect to interstate household goods carriers.''. SEC. 4. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials for the purpose of developing practices and procedures to enhance the Federal- State partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate transportation of household goods and making legislative and regulatory recommendations to the Secretary concerning such enforcement efforts. (b) Consultation.--In carrying out subsection (a), the working group shall consult with industries involved in the transportation of household goods. SEC. 5. CIVIL AND CRIMINAL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE. (a) In General.--Chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14915. Holding household goods hostage ``(a) Holding Household Goods Hostage Defined.--For purposes of this section, the term `holding household goods hostage' means the knowing and willful failure to deliver to, or unload at, the destination of a shipment of household goods which is subject to jurisdiction under subchapter I or III of chapter 135, for which charges have been estimated by the motor carrier providing transportation of such goods, and for which the maximum amount required to be paid at the time of delivery under regulations issued by the Secretary is 110 percent of such estimated charges. ``(b) Civil Penalty.--Whoever is found holding a household goods shipment hostage is liable to the United States for a civil penalty of not less than $10,000. If such person is a carrier or broker, the Secretary of Transportation may suspend for a period of not less than 6 months the registration of such carrier or broker under chapter 139. ``(c) Criminal Penalty.--Whoever has been convicted of holding household goods hostage shall be fined under title 18 or imprisoned not more than 2 years, or both.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``14915. Holding household goods hostage.''. SEC. 6. CONSUMER HANDBOOK ON DOT WEB SITE. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall take such action as may be necessary to ensure that publication OCE 100 of the Department of Transportation, entitled ``Your Rights and Responsibilities When You Move'', is prominently displayed, and available in language that is readily understandable by the general public, on the Web site of the Department of Transportation. SEC. 7. DISPLAY OF INFORMATION ON HOUSEHOLD GOODS TRANSPORTATION RELATED WEB SITES. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall modify the regulations contained in part 375 of title 49, Code of Federal Regulations, to require a motor carrier or broker that is subject to such regulations and that establishes and maintains a Web site to prominently display on the Web site-- (1) the Department of Transportation number of the motor carrier or broker; (2) the OCE 100 publication referred to in section 6; and (3) in the case of a broker, a list of all motor carriers providing transportation of household goods used by the broker and a statement that the broker is not a motor carrier providing transportation of household goods. SEC. 8. CONSUMER COMPLAINT DATA BASE. (a) Establishment of System.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall-- (1) establish a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods and for compiling complaint information gathered by the States with regard to such carriers, a database of the complaints, and a procedure for the public to have access to the database and for carriers to challenge information in the database; and (2) issue regulations requiring motor carriers of household goods to submit on a semi-annual basis reports summarizing-- (A) the number and general category of complaints lodged by consumers; (B) the number of claims filed for loss and damage, including the aggregate amount of claims; and (C) the number of claims resolved during the reporting period and the aggregate amount of claims paid by the carrier. (b) Use of Information.--In determining which motor carriers providing transportation of household goods should be subject to a commercial investigation, the Secretary of Transportation shall consider information in the data base established under subsection (a). SEC. 9. INSURANCE REGULATIONS. (a) Review.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall undertake a review of the current Federal regulations regarding insurance coverage provided by motor carriers providing transportation of household goods and revise such regulations in order to provide enhanced protection for shippers in the case of loss or damage as determined necessary. (b) Determinations.--The review shall include, but not be limited to, a determination of-- (1) whether the current regulations provide adequate protection for shippers; (2) whether an individual shipper should purchase insurance as opposed to the carrier; and (3) whether there are abuses of the current regulations that leave the shipper unprotected in loss and damage claims. SEC. 10. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS. Section 14901(d) of title 49, United States Code, is amended-- (1) by striking ``If a carrier'' and inserting the following: ``(1) In general.--If a carrier''; and (2) by adding at the end the following: ``(2) Estimate of broker without carrier agreement.--If a broker for transportation of household goods subject to jurisdiction under subchapter I of chapter 135 makes an estimate of the cost of transporting any such goods before entering into an agreement with a carrier to provide transportation of household goods subject to such jurisdiction, the broker is liable to the United States for a civil penalty of not less than $10,000 for each violation. ``(3) Unauthorized transportation.--If a person provides transportation of household goods subject to jurisdiction under subchapter I of chapter 135 or provides broker services for such transportation without being registered under chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be, such person is liable to the United States for a civil penalty of not less than $25,000 for each violation.''. SEC. 11. PROGRESS REPORT. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the progress being made in implementing this Act.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Educational Opportunity Act of 1999''. SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF ACTIVE-DUTY SERVICE. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``Sec. 3041. Enhanced educational assistance entitlement ``(a) Entitlement.--An eligible individual is entitled to enhanced educational assistance under this subchapter. ``(b) Eligible Individual Defined.--For purposes of this subchapter, the term `eligible individual' means an individual who meets the service requirement described in subsection (c), who meets the education completion requirements described in subsection (d), and whose status after completion of such service is described in section 3011(a)(3) of this title. Such term does not include an individual described in paragraph (1) or (2) of section 3011(c) of this title. ``(c) Service Requirement.--(1) The service requirement referred to in subsection (b) is as follows: ``(A) After September 30, 1999, the individual-- ``(i) first enters on active duty; ``(ii) reenlists or extends an enlistment on active duty as a member of the Armed Forces; or ``(iii) in the case of an officer, continues to serve on active duty after that date. ``(B) From the date of such entry, reenlistment, extension, or continuation, as the case may be, the individual-- ``(i) serves a continuous period of active duty of at least four years in the Armed Forces; or ``(ii) serves on active duty in the Armed Forces and is discharged or released from active duty-- ``(I) as provided in subclause (I) of section 3011(a)(1)(A)(ii) of this title; ``(II) for the convenience of the Government, after having completed not less that 42 months of continuous active duty; or ``(III) as provided in subclause (III) of section 3011(a)(1)(A)(ii) of this title. ``(2) In determining service under paragraph (1), the following rules apply: ``(A) Any period of service described in paragraph (2) or (3) of section 3011(d) of this title that applies to an eligible individual under this section shall not be considered a part of the individual's period of active duty. ``(B) A member described in paragraph (2) of section 3011(f) of this title who serves the periods of active duty referred to in such paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in such paragraph. ``(C) Subsections (g) and (h) of section 3011 of this title apply with respect to an eligible individual under this section in the same manner as they apply to an individual under section 3011 of this title. ``(d) Education Completion Requirements.--The education completion requirement referred to in subsection (b) is that the individual shall have completed the requirements of a secondary school diploma (or equivalency certificate) by not later than the original ending date of the individual's period of active duty described in subsection (c)(1) regardless of whether the individual is discharged or released from active duty on such date. An individual may meet the requirement of this subsection by having been granted credit for the equivalent of 12 semester hours in a program of education leading to a standard college degree before the end of the individual's period of active duty described in subsection (c)(1). ``(e) Election of Basic Educational Assistance.--(1) An eligible individual entitled to enhanced educational assistance under this subchapter may elect (in a form and manner prescribed by the Secretary) to receive basic educational assistance under subchapter II in lieu of such enhanced educational assistance for an enrollment period. Such an election shall be made by not later than 30 days before the beginning of the enrollment period. ``(2) An eligible individual may revoke an election made pursuant to paragraph (1), but in no case may such revocation be made later than 30 days before the beginning of the enrollment period. ``Sec. 3042. Duration of enhanced educational assistance ``(a) In General.--Subject to section 3695 of this title and except provided in subsection (b), each individual entitled to enhanced educational assistance under section 3041 of this title is entitled to a monthly enhanced educational assistance allowance under this subchapter for a period or periods not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance). ``(b) Special Rule for Certain Early Separations.--Subject to section 3695 of this title, in the case of an individual described in subclause (I) or (III) of section 3041(c)(1)(B)(ii) who does not serve a continuous period of active duty of at least four years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of this title), the individual is entitled to one month of enhanced educational assistance benefits under this subchapter (not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance)) for each month of continuous active duty served by the individual beginning with the date on which the entry on active duty, reenlistment, enlistment extension, or continuation applicable to that individual under section 3041(c)(1)(A) of this title begins. ``Sec. 3043. Payment of educational expenses ``(a) In General.--(1) Subject to paragraph (2), the Secretary shall pay to the educational institution providing a course under an approved program of education to an eligible individual under this subchapter who is enrolled in the course an amount equal to 90 percent of the actual cost of tuition and fees otherwise payable by the individual. ``(2) Such cost may not exceed the amount charged to similarly circumstanced nonveterans. ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall pay to each eligible individual under this subchapter who is pursuing an approved program of education-- ``(1) a stipend as provided in section 3044 of this title; and ``(2) in accordance with regulations prescribed by the Secretary, a sum equal to the reasonable cost of books and supplies determined to be required by similarly circumstanced nonveterans. ``(c) Inclusion in Income for Eligibility Determinations for Federal Educational Loans.--For purposes of determining untaxed income and benefits for eligibility for student assistance under the provisions of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), amounts payable with respect to an eligible individual under subsections (a) and (b)(2) shall not be considered veterans education benefits for purposes of section 480(vv) of such Act (20 U.S.C. 1087(vv)). ``Sec. 3044. Amount of stipend ``(a) In General.--Except as provided in section 3042 of this title, the stipend under this subchapter shall be paid at a monthly rate (as that rate may be increased pursuant to subsection (b)) as follows: ``(1) At the monthly rate of $600 for an approved program of education pursued on a full-time basis. ``(2) At the monthly rate of $450 for an approved program of education pursued on a three-quarter-time basis. ``(3) At the monthly rate of $300 for an approved program of education pursued on a half-time basis. ``(4) At the monthly rate of $150 for an approved program of education pursued on less than a half-time basis. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2000, the Secretary shall increase the rate paid under subsection (a)(1) for the previous fiscal year by the percentage applicable under section 3015(g) of this title. ``Sec. 3045. Tutorial assistance ``An individual entitled to an enhanced educational assistance allowance under this subchapter shall be entitled to benefits provided an individual under section 3019 of this title, subject to the conditions provided in such section.''. (b) Conforming Amendments.--(1) Section 3002 of such title is amended by inserting at the end the following new paragraph: ``(9) The term `enhanced educational assistance' means educational assistance provided under subchapter V.''. (2) Section 3011 of such title is amended in subsections (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (3) Section 3018 of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (4) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (5) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (6) Section 3018C of such title is amended-- (A) in subsection (a), by striking ``educational assistance under this chapter'' and inserting ``educational assistance under this subchapter''; and (B) in subsection (b), by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (7) Section 3019 of such title is amended by striking out ``chapter'' each place it appears and inserting in lieu thereof ``subchapter''. (8) Section 3031 of such title is amended-- (A) in subsection (f), by inserting ``or 3042 of this title'' after ``section 3013'' each place it appears; and (B) in subsection (g), by inserting ``or 3031(c)(1)(B)(ii)(III)'' after ``section 3011(a)(1)(A)(ii)(III)''. (9) Section 3032(e)(3) of such title is amended by inserting ``, or section 3044(a)(1)'' after ``section 3015''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by adding at the end the following new items: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``3041. Enhanced educational assistance entitlement. ``3042. Duration of enhanced educational assistance. ``3043. Payment of educational expenses. ``3044. Amount of stipend. ``3045. Tutorial assistance.''. SEC. 3. REPEALS OF PAY REDUCTION AND ELECTION OF BENEFITS. (a) Repeals.-- (1) Active duty program.--(A) Section 3011 of title 38, United States Code, is amended-- (i) by striking subsection (b); and (ii) in subsection (c), by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 3012 of such title is amended-- (i) by striking subsection (c); and (ii) in subsection (d), by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Opportunities to withdraw election not to enroll.--(A) Section 3016(a)(1) of such title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (B) Sections 3018A, 3018B, and 3018C of such title are each amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 1999. Any obligation of such individual under subsection (b), as of September 30, 1999, shall be deemed to be fully satisfied as of such date.''. (3) Termination of reductions in progress.--Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning after September 30, 1999, and any obligation of such individual under such subsections, as the case may be, as of September 30, 1999, shall be deemed to be fully satisfied as of such date. (b) Education Outreach Services to Members of the Armed Forces.-- Section 3034(e)(1) of title 38, United States Code, is amended to read as follows: ``(e)(1) Not later than one year after an individual initially enters on active duty as a member of the Armed Forces, and at such additional times as the Secretary determines appropriate, the Secretary shall furnish the individual the information described in paragraph (2).''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 1999, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Panel to Design Long- Range Social Security Reform Act of 1998''. SEC. 2. ESTABLISHMENT OF PANEL. There is established a panel to be known as the Bipartisan Panel to Design Long-Range Social Security Reform (in this Act referred to as the ``Panel''). SEC. 3. DUTIES OF PANEL. The Panel shall design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and maintaining retirement income security in the United States. SEC. 4. MEMBERSHIP OF THE PANEL. (a) Number and Appointment.--The Panel shall be composed of eight members, of whom-- (1) two shall be appointed by the President, (2) four shall be appointed jointly by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate, (3) one shall be appointed jointly by the Chairman of the Committee on Ways and Means of the House of Representatives and the Chairman of the Committee on Finance of the Senate, and (4) one shall be appointed jointly by the Ranking Minority Member of the Committee on Ways and Means of the House of Representatives and the Ranking Minority Member of the Committee on Finance of the Senate. The members of the Panel shall consist of individuals who are of recognized standing and distinction, who can represent the multiple generations who have a stake in the viability of the system, and who possess the demonstrated capacity to discharge the duties imposed on the Panel. At least one of the members shall be appointed from individuals representing the interests of employees, and at least one of the members shall be appointed from individuals representing the interests of employers. (b) Co-Chairs.--The officials referred to in paragraphs (1) through (4) of subsection (a) shall designate two of the members of the Panel to serve as Co-Chairs of the Panel, who shall jointly chair the Panel, determine its duties, and supervise its staff. (c) Terms of Appointment.--The members of the Panel shall serve for the life of the Panel. (d) Vacancies.--A vacancy in the Panel shall not affect the power of the remaining members to execute the duties of the Panel, but any such vacancy shall be filled in the same manner in which the original appointment was made. SEC. 5. PROCEDURES. (a) Meetings.--The Panel shall meet at the call of its Co-Chairs or a majority of its members. (b) Quorum.--A quorum shall consist of 4 members of the Panel, except that a lesser number may conduct a hearing under subsection (c). (c) Hearings and Other Activities.--For the purpose of carrying out its duties, the Panel may hold such hearings and undertake such other activities as the Panel determines to be necessary to carry out its duties. Meetings held in order to conduct fact finding, as determined by the Co-Chairs, shall be open to the public. Meetings held in order to develop policy, as determined by the Co-Chairs, may be held in executive session, notwithstanding the Federal Advisory Committee Act and any other provision of law. (d) Obtaining Information.--Upon request of the Panel, the Commissioner of Social Security and the head of any other agency or instrumentality of the Federal Government shall furnish information deemed necessary by the Panel to enable it to carry out its duties. SEC. 6. ADMINISTRATION. (a) Compensation.--Except as provided in subsection (b), members of the Panel shall receive no additional pay, allowances, or benefits by reason of their service on the Panel. (b) Travel Expenses and Per Diem.--Each member of the Panel who is not a present Member of the Congress and who is not otherwise an officer or employee of the Federal Government shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Staff and Support Services.-- (1) Staff director.-- (A) Appointment.--The Panel shall appoint a staff director of the Panel. (B) Compensation.--The staff director shall be paid at a rate not to exceed the rate established for level V of the Executive Schedule. (2) Staff.--The Panel shall appoint such additional personnel as the Panel determines to be necessary. (3) Applicability of civil service laws.--The staff director and other members of the staff of the Panel shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (4) Experts and consultants.--With the approval of the Panel, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Contract Authority.--The Panel may contract with and compensate government and private agencies or persons for items and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Physical Facilities.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable office space for the operation of the Panel on a reimbursable basis. The facilities shall serve as the headquarters of the Panel and shall include all necessary equipment and incidentals required for the proper functioning of the Panel. (f) Detail of Federal Employees.--Upon the request of the Panel, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Panel to assist the Panel in carrying out its duties. (g) Use of Mails.--The Panel may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (h) Administrative Support Services.--Upon the request of the Panel, the Architect of the Capitol shall provide to the Panel on a reimbursable basis such administrative support services as the Panel may request. (i) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Panel shall be deemed to be a committee of the Congress. SEC. 7. REPORT. Not later than February 1, 1999, the Panel shall submit to the President, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report which shall contain a detailed statement of the findings and conclusions of the Panel, including the set of recommendations required under section 3. The report shall include only those recommendations of the Panel that receive the approval of at least 6 members of the Panel, including both Co-Chairs. SEC. 8. TERMINATION. The Panel shall terminate March 31, 1999. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Panel, from the Federal Old-Age and Survivors Insurance Trust Fund, such sums as are necessary to carry out the provisions of this Act, but not to exceed $2,000,000.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Immigration Litigation Act''. SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraphs (A), (B), and (C), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``Notwithstanding any other provision of law''; and (ii) by adding at the end the following: ``(D) Judicial review of certain legal claims.-- Nothing in this paragraph shall be construed as precluding consideration by the circuit courts of appeals of constitutional claims or pure questions of law raised upon petitions for review filed in accordance with this section. Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or, except as provided in subsection (e), any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, such petitions for review shall be the sole and exclusive means of raising any and all claims with respect to orders of removal entered or issued under any provision of this Act.''; and (B) by adding at the end the following: ``(4) Claims under the united nations convention.-- Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, a petition for review by the circuit courts of appeals filed in accordance with this section is the sole and exclusive means of judicial review of claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. ``(5) Exclusive means of review.--The judicial review specified in this subsection shall be the sole and exclusive means for review by any court of an order of removal entered or issued under any provision of this Act. For purposes of this title, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of title 28, United States Code, and review pursuant to any other provision of law.''; (2) in subsection (b)-- (A) in paragraph (3)(B), by inserting ``pursuant to subsection (f)'' after ``unless''; and (B) in paragraph (9), by adding at the end the following: ``Except as otherwise provided in this subsection, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of title 28, United States Code, or by any other provision of law (statutory or nonstatutory), to hear any cause or claim subject to these consolidation provisions.''; (3) in subsection (f)(2), by inserting ``or stay, by temporary or permanent order, including stays pending judicial review,'' after ``no court shall enjoin''; and (4) in subsection (g), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``notwithstanding any other provision of law''. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 3. CONSOLIDATION OF APPEALS. (a) In General.--Section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first sentence and inserting the following: ``The petition for review shall be filed with the court of appeals for the Federal Circuit.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any final agency order that was entered on or after the date of enactment of this Act. SEC. 4. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (B) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security shall remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, where the alien was born, or where the alien has a residence, unless the country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security shall remove the alien to a country of which the alien is a subject, national, or citizen, where the alien was born, or where the alien has a residence, unless-- ``(i) such country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 5. BURDEN OF PROOF. (a) Conditions for Granting Asylum.--Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended-- (1) in paragraph (1), by striking ``The Attorney General'' and inserting the following: ``(A) Eligibility.--The Secretary of Homeland Security or the Attorney General''; and (2) by adding at the end the following: ``(B) Burden of proof.--The burden of proof is on the applicant to establish that the applicant is a refugee within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of this Act, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the central motive for persecuting the applicant. The testimony of the applicant, only if it is credible, is persuasive, and refers to specific facts that demonstrate that the applicant is a refugee, may be sufficient to sustain such burden without corroboration. Where the trier of fact finds that it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of the applicant's claim, such evidence must be provided unless a reasonable explanation is given as to why such information is not provided. The credibility determination of the trier of fact may be based, in addition to other factors, on the demeanor, candor, or responsiveness of the applicant or witness, the consistency between the applicant's or witness's written and oral statements, whether or not under oath, made at any time to any officer, agent, or employee of the United States, the internal consistency of each such statement, the consistency of such statements with the country conditions in the country from which the applicant claims asylum, as presented by the Department of State, and any inaccuracies or falsehoods in such statements. These factors may be considered individually or cumulatively.''. (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding after subparagraph (D) the following flush language: ``No court shall reverse a determination made by an adjudicator with respect to the availability of corroborating evidence as described in section 208(b)(1)(B), unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.''. (c) Effective Date.--The amendment made by subsection (b) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect upon the date of enactment of this Act.

Summary: Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions. Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. Limits judicial authority to grant stays of removal. Requires all petitions for review of removal orders to be filed in the U.S. Court of Appeals for the Federal Circuit. Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien. Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status; and (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Medical Response System Program Act of 2009''. SEC. 2. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. (a) Amendment.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. ``(a) In General.--The Secretary shall conduct a Metropolitan Medical Response System Program, that shall assist State and local governments in preparing for and responding to public health and mass casualty incidents resulting from natural disasters, acts of terrorism, and other man-made disasters. ``(b) Financial Assistance.-- ``(1) Authorization of grants.-- ``(A) In general.--The Secretary, through the Administrator of the Federal Emergency Management Agency, may make grants under this section to State and local governments to assist in preparing for and responding to mass casualty incidents resulting from natural disasters, acts of terrorism, and other man- made disasters. ``(B) Consultation.--In developing guidance for grants authorized under this section, the Administrator shall consult with the Assistant Secretary, Office of Health Affairs. ``(2) Use of funds.--A grant made under this section may be used to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard, including-- ``(A) to strengthen medical surge capacity; ``(B) to strengthen mass prophylaxis capabilities including development and maintenance of an initial pharmaceutical stockpile sufficient to protect first responders, their families, and immediate victims from a chemical or biological event; ``(C) to strengthen chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities; ``(D) to develop and maintain mass triage and pre- hospital treatment plans and capabilities; ``(E) for planning; ``(F) to support efforts to strengthen information sharing and collaboration capabilities of regional, State, and urban areas in support of public health and medical preparedness; ``(G) for medical supplies management and distribution; ``(H) for training and exercises; ``(I) for integration and coordination of the activities and capabilities of public health personnel and medical care providers with those of other emergency response providers as well as other Federal agencies, the private sector, and nonprofit organizations, for the forward movement of patients; and ``(J) for such other activities as the Administrator provides. ``(3) Eligibility.-- ``(A) In general.--Except as provided in subparagraph (C), any jurisdiction that received funds through the Metropolitan Medical Response System Program in fiscal year 2009 shall be eligible to receive a grant under this section. ``(B) Additional jurisdictions.-- ``(i) Unrepresented states.-- ``(I) In general.--Except as provided in subparagraph (C), for any State in which no jurisdiction received funds through the Metropolitan Medical Response System Program in fiscal year 2009, or in which funding was received only through another State, the metropolitan statistical area in such State with the largest population of all such areas in such State shall be eligible to receive a grant under this section. ``(II) Limitation.--For each of fiscal years 2010 through 2012, no jurisdiction that would otherwise be eligible to receive grants under subclause (I) shall receive a grant under this section if it would result in any jurisdiction under subparagraph (A) receiving less funding than such jurisdiction received in fiscal year 2009. ``(ii) Other jurisdictions.-- ``(I) In general.--Subject to subparagraph (C), the Administrator may determine that additional jurisdictions are eligible to receive grants under this section. ``(II) Limitation.--For each of fiscal years 2010 through 2012, the eligibility of any additional jurisdiction to receive grants under this section is subject to the availability of appropriations beyond that necessary to-- ``(aa) ensure that each jurisdiction eligible to receive a grant under subparagraph (A) does not receive less funding than such jurisdiction received in fiscal year 2009; and ``(bb) provide grants to jurisdictions eligible under clause (i). ``(C) Performance requirement after fiscal year 2010.--A jurisdiction shall not be eligible for a grant under this subsection from funds available after fiscal year 2010 unless the Secretary determines that the jurisdiction maintains a sufficient measured degree of capability in accordance with the performance measures issued under subsection (c). ``(4) Distribution of funds.-- ``(A) In general.--The Administrator shall distribute grant funds under this section to the State in which the jurisdiction receiving a grant under this section is located. ``(B) Pass through.--Subject to subparagraph (C), not later than 45 days after the date on which a State receives grant funds under subparagraph (A), the State shall provide the jurisdiction receiving the grant 100 percent of the grant funds, and not later than 45 days after the State releases the funds, all fiscal agents shall make the grant funds available for expenditure. ``(C) Exception.--The Administrator may permit a State to provide to a jurisdiction receiving a grant under this section 97 percent of the grant funds awarded if doing so would not result in any jurisdiction eligible for a grant under paragraph (3)(A) receiving less funding than such jurisdiction received in fiscal year 2009. ``(5) Regional coordination.--The Administrator shall ensure that each jurisdiction that receives a grant under this section, as a condition of receiving such grant, is actively coordinating its preparedness efforts with surrounding jurisdictions, with the official with primary responsibility for homeland security (other than the Governor) of the government of the State in which the jurisdiction is located, and with emergency response providers from all relevant disciplines, as determined by the Administrator, to effectively enhance regional preparedness. ``(c) Performance Measures.--The Administrator, in coordination with the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group, shall issue performance measures within one year after the date of enactment of this section that enable objective evaluation of the performance and effective use of funds provided under this section in any jurisdiction. ``(d) Metropolitan Medical Response System Working Group Defined.-- In this section, the term `National Metropolitan Medical Response System Working Group' means-- ``(1) 10 Metropolitan Medical Response System Program grant managers, who shall-- ``(A) include one such grant manager from each region of the Agency; ``(B) comprise a population-based cross section of jurisdictions that are receiving grant funds under the Metropolitan Medical Response System Program; and ``(C) include-- ``(i) 3 selected by the Administrator; and ``(ii) 3 selected by the Assistant Secretary, Office of Health Affairs; and ``(2) 3 State officials who are responsible for administration of State programs that are carried out with grants under this section, who shall be selected by the Administrator. ``(e) Authorization of Appropriations.--There is authorized to be appropriated $75,000,000 to carry out the program for each of fiscal years 2010 through 2014.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title V the following new item: ``Sec. 525. Metropolitan Medical Response System Program.''. SEC. 3. METROPOLITAN MEDICAL RESPONSE PROGRAM REVIEW. (a) In General.--The Administrator of the Federal Emergency Management Agency, the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group shall conduct a review of the Metropolitan Medical Response System Program authorized under section 525 of the Homeland Security Act of 2002, as added by section 2 of this Act, including an examination of-- (1) the goals and objectives of the Metropolitan Medical Response System Program; (2) the extent to which the goals and objectives are being met; (3) the performance metrics that can best help assess whether the Metropolitan Medical Response System Program is succeeding; (4) how the Metropolitan Medical Response System Program can be improved; (5) how the Metropolitan Medical Response System Program complements and enhances other preparedness programs supported by the Department of Homeland Security and the Department of Health and Human Services; (6) the degree to which the strategic goals, objectives, and capabilities of the Metropolitan Medical Response System Program are incorporated in State and local homeland security plans; (7) how eligibility for financial assistance, and the allocation of financial assistance, under the Metropolitan Medical Response System Program should be determined, including how allocation of assistance could be based on risk; (8) whether the Metropolitan Medical Response System Program would be more effective if it were managed as a contractual agreement; and (9) the resource requirements of the Metropolitan Medical Response System Program. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator and the Assistant Secretary, Office of Health Affairs shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the review under this subsection. (c) Consultation.--The Administrator of the Federal Emergency Management Agency shall consult with the Secretary of Health and Human Services in the implementation of subsection (a)(5). (d) Definition.--In this section the term ``National Metropolitan Medical Response System Working Group'' has the meaning that term has in section 525 of the Homeland Security Act of 2002, as amended by this section. SEC. 4. TECHNICAL AND CONFORMING AMENDMENT. Section 635 of the Post-Katrina Management Reform Act of 2006 (6 U.S.C. 723) is repealed.

Summary: Metropolitan Medical Response System Program Act of 2009 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to conduct a Metropolitan Medical Response System Program that shall assist state and local governments in preparing for and responding to public health and mass casualty incidents resulting from natural disasters, terrorist acts, and other man-made disasters. (Repeals provisions of the Post-Katrina Management Reform Act of 2006 regarding a Metropolitan Medical Response Program.) Authorizes the Secretary, through the Administrator of the Federal Emergency Management Agency (FEMA), to make grants to state and local governments for such purposes. Authorizes the use of grant funds to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. Sets forth eligibility requirements. Directs the Administrator to ensure that each jurisdiction that receives a grant, as a condition of receiving such grant, is actively coordinating its preparedness efforts with surrounding jurisdictions, with the official with primary responsibility for homeland security (other than the governor) of the government of the state in which the jurisdiction is located, and with emergency response providers from all relevant disciplines, to effectively enhance regional preparedness. Requires the Administrator: (1) in coordination with the Assistant Secretary, Office of Health Affairs, and a National Metropolitan Medical Response System Working Group, to issue performance measures that enable objective evaluation of the performance and effective use of funds provided in any jurisdiction; and (2) together with the Assistant Secretary and the Working Group, to conduct a review of the Program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Chacoan Outliers Protection Act of 1993''. SEC. 2. CONFORMING AMENDMENT. (a) Section 501 of Public Law 96-550 (16 U.S.C. 410ii) is amended in the title by striking ``Congressional findings'' and inserting in lieu thereof ``Congressional findings and purpose''. (b) Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended by striking ``San Juan Basin;'' and inserting in lieu thereof, ``San Juan Basin and surrounding areas;''. SEC. 3. ADDITIONS TO CHACO ARCHEOLOGICAL PROTECTION SITES. Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is amended to read as follows: ``(b)(1) Thirty-nine outlying sites as generally depicted on a map entitled ``Chaco Culture Archeological Protection Sites'', numbered 310/80,033-B and dated September 1991, are hereby designated as `Chaco Culture Archeological Protection Sites'. The thirty-nine archeological protection sites totaling approximately 14,372 acres identified as follows: Name: Acres Allentown.............................................. 380 Andrews Ranch.......................................... 950 Bee Burrow............................................. 480 Bisa'ani............................................... 131 Casa del Rio........................................... 40 Casamero............................................... 160 Chimney Rock........................................... 3,160 Coolidge............................................... 450 Dalton Pass............................................ 135 Dittert................................................ 480 Great Bend............................................. 26 Greenlee Ruin.......................................... 60 Grey Hill Spring....................................... 23 Guadalupe.............................................. 115 Halfway House.......................................... 40 Haystack............................................... 565 Hogback................................................ 453 Indian Creek........................................... 100 Jacques................................................ 66 Kin Nizhoni............................................ 726 Lake Valley............................................ 30 Manuelito-Atsee Nitsaa................................. 60 Manuelito-Kin Hochoi................................... 116 Muddy Water............................................ 1,090 Navajo Springs......................................... 260 Newcomb................................................ 50 Peach Springs.......................................... 1,046 Pierre's Site.......................................... 440 Raton Well............................................. 23 Salmon Ruin............................................ 5 San Mateo.............................................. 61 Sanostee............................................... 1,565 Section 8.............................................. 10 Skunk Springs/Crumbled House........................... 533 Standing Rock.......................................... 348 Toh-la-kai............................................. 10 Twin Angeles........................................... 40 Upper Kin Klizhin...................................... 60. ``(2) The map referred to in paragraph (1) shall be kept on file and available for public inspection in the appropriate offices of the National Park Service, the office of the State Director of the Bureau of Land Management located in Santa Fe, New Mexico, the office of the Area Director of the Bureau of Indian Affairs located in Window Rock, Arizona, and the offices of the Arizona and New Mexico State Historic Preservation Officers.''. SEC. 4. ASSISTANCE TO THE NAVAJO NATION. Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by adding the following new subsection at the end thereof: ``(f) The Secretary is authorized to assist the Navajo Nation in the protection and management of those Chaco Culture Archeological Protection Sites located on lands under the jurisdiction of the Navajo Nation through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act (Public Law 93-638), as amended, to assist the Navajo Nation in site planning, resource protection, interpretation, resource management actions, and such other purposes as may be identified in such grant, contract, or cooperative agreement.''. Passed the Senate July 21 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Assurance of Radiologic Excellence Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) More than 300,000,000 medical imaging examinations and radiation therapy treatments are administered annually in the United States. (2) Seven out of every 10 Americans undergo a medical imaging examination or radiation therapy treatment every year in the United States. (3) The administration of medical imaging examinations and radiation therapy treatments and the effect on individuals of such procedures have a substantial and direct effect upon public health and safety and upon interstate commerce. (4) It is in the interest of public health and safety to minimize unnecessary or inappropriate exposure to radiation due to the performance of medical imaging and radiation therapy procedures by personnel lacking appropriate education and credentials. (5) It is in the interest of public health and safety to have a continuing supply of adequately educated persons and appropriate accreditation and certification programs administered by State governments. (6) Persons who perform or plan medical imaging or radiation therapy, including those employed at Federal facilities or reimbursed by Federal health programs, should be required to demonstrate competence by reason of education, training, and experience. (7) The protection of public health and safety from unnecessary or inappropriate medical imaging and radiation therapy procedures and the assurance of efficacious procedures are the responsibilities of both the State and the Federal Governments. (8) Facilities that conduct medical imaging or radiation therapy engage in and affect interstate commerce. Patients travel regularly across State lines to receive medical imaging services or radiation therapy. Facilities that conduct medical imaging or radiation therapy engage technicians, physicians, and other staff in an interstate market, and purchase medical and other supplies in an interstate market. (9) In 1981, Congress enacted the Consumer-Patient Radiation Health and Safety Act of 1981 (Public Law 97-35) which established minimum Federal standards for the accreditation of education programs for persons who perform or plan medical imaging examinations and radiation therapy treatments and for the certification of such persons. The Act also provided the States with a model State law for the licensing of such persons. (10) Twenty-two years after the enactment of the Consumer- Patient Radiation Health and Safety Act of 1981-- (A) 13 States do not require licensure of any kind for persons who perform or plan medical imaging examinations and radiation therapy treatments; (B) 37 States license, regulate, or register radiographers; (C) 28 States license radiation therapists; (D) 22 States license nuclear medicine technologists; (E) 8 States license or require board certification of medical physicists; and (F) no States regulate or license medical dosimetrists. (b) Purposes.--The purposes of this Act are-- (1) to ensure the accreditation of education programs for, and the licensure or certification of, persons who perform, plan, evaluate, or verify patient dose for medical imaging examinations and radiation therapy treatments; and (2) to ensure the safety and accuracy of medical imaging examinations and radiation therapy treatments. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) In General.--The Secretary shall establish standards to assure the safety and accuracy of medical imaging or radiation therapy. Such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary to be appropriate. ``(b) Exemptions.--The standards established under subsection (a) shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and physician assistants (as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). ``(c) Requirements.--Under the standards established under subsection (a), the Secretary shall ensure that individuals prior to performing or planning such imaging or therapy-- ``(1) have successfully completed a national examination approved by the Secretary under subsection (d) for individuals who perform or plan medical imaging or radiation therapy; and ``(2) meet such other requirements relating to medical imaging or radiation therapy as the Secretary may prescribe. ``(d) Approved Bodies.-- ``(1) In general.--The Secretary shall certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations to individuals for purposes of subsection (c)(1) if such organizations or agencies meet the standards established by the Secretary under paragraph (2) and provide the assurances required under paragraph (3). ``(2) Standards.--The Secretary shall establish minimum standards for the certification of approved bodies under paragraph (1) (including standards for recordkeeping, the approval of curricula and instructors, the charging of reasonable fees for accreditation or for undertaking examinations), and other additional standards as the Secretary may require. ``(3) Assurances.--To be certified as an approved body under paragraph (1), an organization or agency shall provide the Secretary satisfactory assurances that the body will-- ``(A) comply with the standards described in paragraph (2); ``(B) notify the Secretary in a timely manner before the approved body changes the standards of the body; and ``(C) provide such other information as the Secretary may require. ``(4) Withdrawal of approval.-- ``(A) In general.--The Secretary may withdraw the certification of an approved body if the Secretary determines the body does not meet the standards under paragraph (2). ``(B) Effect of withdrawal.--If the Secretary withdraws the certification of an approved body under subparagraph (A), the accreditation of an individual or the completion of an examination administered by such body shall continue in effect until the expiration of a reasonable period, as determined by the Secretary, for such individual to obtain another accreditation or to complete another examination. ``(e) Existing State Standards.--Standards for the licensure or certification of personnel, accreditation of educational programs, or administration of examinations, established by a State prior to the effective date of the standards promulgated under this section, shall be deemed to be in compliance with the requirements of this section unless the Secretary determines that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this section. ``(f) Evaluation and Report.--The Secretary shall periodically evaluate the performance of each approved body under subsection (d) at an interval determined appropriate by the Secretary. The results of such evaluations shall be included as part of the report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives in accordance with 354(e)(6)(B). ``(g) Delivery of and Payment for Services.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations to ensure that all programs that involve the performance of or payment for medical imaging or radiation therapy, that are under the authority of the Secretary, are performed in accordance with the standards established under this section. ``(h) Alternative Standards for Rural Areas.--The Secretary shall determine whether the standards developed under subsection (a) must be met in their entirety with respect to payment for medical imaging or radiation therapy that is performed in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area'. If the Secretary determines that alternative standards for such rural areas are appropriate to assure access to quality medical imaging, the Secretary is authorized to develop such alternative standards. Alternative standards developed under this subsection shall apply in rural areas to the same extent and in the same manner as standards developed under subsection (a) apply in other areas. ``(i) Regulations.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate such regulations as may be necessary to implement this section. ``(j) Definitions.--In this section: ``(1) Approved body.--The term `approved body' means a nonprofit organization or State agency that has been certified by the Secretary under subsection (d)(1) to accredit or administer examinations to individuals who perform or plan medical imaging or radiation therapy. ``(2) Medical imaging.--The term `medical imaging' means any procedure or article, excluding medical ultrasound procedures, intended for use in the diagnosis or treatment of disease or other medical or chiropractic conditions in humans, including diagnostic X-rays, nuclear medicine, and magnetic resonance procedures. ``(3) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation via ionizing or radio frequency radiation or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(4) Plan.--The term `plan' with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(5) Radiation therapy.--The term `radiation therapy', means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of radiation.''.

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