SECTION 1. SHORT TITLE. This Act may be cited as the ``CTR Modernization Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To improve the quality and usefulness of currency transaction reports in criminal, tax, and regulatory investigations or proceedings. (2) To eliminate filing currency transaction reports related to many innocent, infrequent, or idiosyncratic deposit activities. (3) To further focus anti-money laundering investigations and prosecutions by reducing the number of spurious, duplicative, and innocent currency transaction reports and increasing the usefulness of suspicious activity reports. (4) To maintain the high degree of usefulness of currency transaction reports and adjust for inflation and current financial practices the threshold for currency transaction reports to a level consistent with the amount established pursuant to Public Law 91-508 upon the enactment of such Public Law in 1970. (5) To increase the usefulness of data collected through currency transaction reports and suspicious activity reports and for other purposes. SEC. 3. MODIFICATION OF CURRENCY TRANSACTION REPORTING THRESHOLD. (a) Threshold.-- (1) Nondepository institutions.--The 1st sentence of section 5313(a) of title 31, United States Code, is amended by inserting ``, other than a depository institution,'' after ``domestic financial institution''. (2) Depository institutions.--Subsection (a) of section 5313 of title 31, United States Code, is amended by inserting after the 1st sentence (as amended by paragraph (1) of this subsection) the following new sentence: ``When a depository institution is involved in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes), in an amount, denomination, or amount and denomination of not less than $30,000 and under circumstances the Secretary prescribes by regulation, the depository institution and any other participant in the transaction the Secretary may prescribe shall file a report on the transaction at the time and in the way the Secretary prescribes.''. (b) Regulation.--After the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall not require a depository institution to file a currency transaction report when the transaction involves the transfer of currency of an amount and denomination of less than $30,000. (c) Technical and Conforming Amendment.--Subsection (c) of section 5312 of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(2) Depository institution.--The term `depository institution' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) and any insured credit union (as defined in section 101(7) of the Federal Credit Union Act).''. SEC. 4. PERIODIC REVIEW OF REPORTING THRESHOLD AND ADJUSTMENT FOR INFLATION. Section 5318 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(o) Periodic Review of Reporting Threshold and Adjustment for Inflation.-- ``(1) In general.--Before the end of the 5-year period beginning on the date of the enactment of the CTR Modernization Act and at least every 5 years after the expiration of such period, the secretary of the treasury shall-- ``(A) solicit and review public comments about the appropriateness, relevance, and utility of the then- current threshold amount or denomination established by the Secretary; ``(B) review the continuing appropriateness, relevance, and utility of each threshold amount or denomination established by the Secretary, in the Secretary's discretion, for any report required by the Secretary under this subchapter; and ``(C) adjust such amount, at such time and in such manner as the Secretary considers appropriate but in no case later than 365 days following the expiration of the public comment period, for any inflation that the Secretary of the Treasury determines has occurred since the date any such amount was established or last adjusted, except that the Secretary of the Treasury shall not reduce such amount to an amount and denomination of less than $30,000. ``(2) Report.--Before the end of the 365-day period beginning upon the completion of any review by the Secretary of the Treasury under paragraph (1), the Secretary shall submit a report to the Congress containing the findings and conclusions of the Secretary in connection with such review, together with an explanation for any adjustment, or lack of adjustment, of any threshold amount or denomination by the Secretary as a result of such review, including the adjustment for inflation.''. SEC. 5. MODIFICATION OF EXEMPTION PROCESS. (a) Seasoned Customer Exemption.--Subsection (e) of section 5313 of title 31, United States Code, is amended to read as follows: ``(e) Qualified Customer Exemption.-- ``(1) In general.--Before the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall prescribe regulations that exempt any depository institution from filing a report pursuant to this section in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes) with a qualified customer of the depository institution. ``(2) Qualified customer defined.--For purposes of this section, the term `qualified customer', with respect to a depository institution, has such meaning as the Secretary of the Treasury shall prescribe, which shall include any person that-- ``(A) is incorporated or organized under the laws of the United States or any State, including a sole proprietorship (as defined in 31 C.F.R. 103.22(d)(6)(vii), as in effect on May 10, 2006), or is registered as and eligible to do business within the United States or a State; ``(B) has maintained a deposit account with the depository institution for at least 12 months; and ``(C) has engaged, using such account, in multiple currency transactions that are subject to the reporting requirements of subsection (a). ``(3) Regulations.-- ``(A) In general.--The Secretary of the Treasury shall prescribe regulations requiring a depository institution to file a 1-time notice of designation of exemption for each qualified customer of the depository institution. ``(B) Form and content of exemption notice.--The Secretary shall by regulation prescribe the form, manner, content, and timing of the qualified customer exemption notice and such notice shall include information sufficient to identify the qualified customer and the accounts of the customer. ``(C) Authority of secretary.-- ``(i) In general.--The Secretary may suspend, reject, or revoke any qualified customer exemption notice, in accordance with criteria prescribed by the Secretary by regulation. ``(ii) Conditions.--The Secretary may establish conditions, in accordance with criteria prescribed by regulation, under which exempt qualified customers of an insured depository institution that is merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution.''. (b) 3-Year Review and Report.--Before the end of the 3-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, the Federal banking agencies, the banking industry, and such other persons as the Secretary deems appropriate, shall evaluate the operations and effect of the provisions of the amendment made by subsection (a) and make recommendations to the Congress as to any legislative action with respect to such provision as the Secretary may determine to be appropriate. SEC. 6. IDENTIFYING SUSPICIOUS ACTIVITY. Subsection 5318(g) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(5) Guidance on when to file a report.--Before the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall prescribe regulations that provide guidance on examples of transactions that-- ``(A) involved funds derived from illegal activities; ``(B) were designed to evade any requirements under this subchapter, chapter 2 of title I of Public Law 91- 508, or the Internal Revenue Code of 1986; and ``(C) have no business or apparent lawful purpose.''. SEC. 7. PROVIDING GENERAL INFORMATION REGARDING SUSPICIOUS ACTIVITY REPORT REQUIREMENTS. Subsection 5318(g) of title 31, United States Code, is amended by inserting after paragraph (5) (as added by section 6 of this Act) the following new paragraph: ``(6) General notification to customers.-- ``(A) In general.--Before the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall prescribe regulations that create a list of information that may be disclosed to customers prior to the reporting of suspicious activity. ``(B) Rule of construction.--Subparagraph (A) of this paragraph shall not be construed as creating any immunity from the notification prohibition under paragraph (2).''.

Summary: CTR Modernization Act - Amends federal law governing mandatory reports on currency transactions to exempt depository institutions from the requirement that all domestic financial institutions file a report on every domestic coin and currency transaction. Requires such a depository institution to file a currency transaction report, however, if the transaction involves at least $30,000. Prohibits the Secretary of the Treasury after a certain date from requiring a depository institution to file a currency transaction report regarding a transaction of less than $30,000. Directs the Secretary to: (1) review at least every five years the threshold for reporting currency transactions; and (2) adjust the threshold amount for inflation. Directs the Secretary to prescribe regulations that exempt any depository institution from reporting a currency transaction with a qualified customer. Defines qualified customer as any person that: (1) is incorporated or organized under federal or state law, or registered and eligible to do business within the United States or a state; (2) has maintained a deposit account with the depository institution for at least 12 months; and (3) has engaged, using such account, in multiple currency transactions subject to reporting requirements. Requires the Secretary to prescribe regulations that: (1) provide guidance on identifying currency transactions involving illegal or suspicious activities; and (2) create a list of information that may be disclosed to customers before the reporting of suspicious activity.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Waco Mammoth National Monument Establishment Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in Central Texas, near the city of Waco; (2) after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978; (3) several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event; (4) the mammoth discoveries have received international attention; and (5) Baylor University and the city of Waco, Texas, have been working together-- (A) to protect the site; and (B) to develop further research and educational opportunities at the site. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Waco, Texas. (2) Management plan.--The term ``management plan'' means the management plan for the Monument prepared under section 5(c)(1). (3) Map.--The term ``map'' means the map entitled ``Proposed Boundary Waco-Mammoth National Monument'', numbered T21/80,000, and dated April 2009. (4) Monument.--The term ``Monument'' means the Waco Mammoth National Monument established by section 4(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. (7) University.--The term ``University'' means Baylor University in the State. SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. (a) Establishment.--There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF MONUMENT. (a) In General.--The Secretary shall administer the Monument in accordance with-- (1) this Act; and (2) any cooperative agreements entered into under subsection (b)(1). (b) Authorities of Secretary.-- (1) Cooperative agreements.--The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Acquisition of land.--The Secretary may acquire by donation from the City any land or interest in land owned by the City within the proposed boundary of the Monument. (c) General Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument. (2) Inclusions.--The management plan shall include, at a minimum-- (A) measures for the preservation of the resources of the Monument; (B) requirements for the type and extent of development and use of the Monument; (C) identification of the capacity of the Monument for accommodating visitors; and (D) opportunities for involvement by the University, City, State, and other local and national entities in-- (i) developing educational programs for the Monument; and (ii) developing and supporting the Monument. (d) Prohibition of Use of Federal Funds.--No Federal funds may be used to pay the costs of-- (1) carrying out a cooperative agreement under subsection (b)(1); (2) acquiring land for inclusion in the Monument under subsection (b)(2); (3) developing a visitor center for the Monument; (4) operating or maintaining the Monument; (5) constructing exhibits for the Monument; or (6) developing the general management plan under subsection (c). (e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section. (f) Effect on Eligibility for Financial Assistance.--Nothing in this Act affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this Act. (g) Termination of National Park System Status.-- (1) In general.--Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument. (2) Reversion.--If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City. SEC. 6. NO BUFFER ZONES. Nothing in this Act, the establishment of the Monument, or the management plan shall be construed to create buffer zones outside of the Monument.

Summary: Waco Mammoth National Monument Establishment Act of 2011 - Establishes the Waco Mammoth National Monument in Texas as a unit of the National Park System. Requires the Secretary of the Interior, in consultation with Baylor University and the city of Waco, to complete a general management plan for the Monument.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Methane Hydrate Research and Development Amendments Act of 2015''. SEC. 2. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND DEVELOPMENT ACT OF 2000. (a) Findings.--Section 2 of the Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 2001) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(6) methane is a powerful greenhouse gas that may be exchanged between terrestrial methane hydrate reservoirs and the atmosphere by natural or anthropogenic processes; and ``(7) the short- and long-term release of methane from arctic or marine reservoirs may have significant environmental effects, including global climate change.''. (b) Methane Hydrate Research and Development Program.-- (1) In general.--Section 4 of the Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 2003) is amended by striking subsection (b) and inserting the following: ``(b) Grants, Contracts, Cooperative Agreements, Interagency Funds Transfer Agreements, and Field Work Proposals.-- ``(1) Assistance and coordination.--In carrying out the program of methane hydrate research and development authorized by this section, the Secretary may award grants to, or enter into contracts or cooperative agreements with, institutions that-- ``(A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a commercially viable source of energy; ``(B) identify and characterize methane hydrate resources using remote sensing and seismic data, including the characterization of hydrate concentrations in marine reservoirs in the Gulf of Mexico or the Atlantic Ocean Basin by the date that is 4 years after the date of enactment of the Methane Hydrate Research and Development Amendments Act of 2015; ``(C) develop technologies required for efficient and environmentally sound development of methane hydrate resources; ``(D) conduct basic and applied research to assess and mitigate the environmental impact of hydrate degassing (including natural degassing and degassing associated with commercial development); ``(E) develop technologies to reduce the risks of drilling through methane hydrates; ``(F) conduct exploratory drilling, well testing, and production testing operations on permafrost and nonpermafrost gas hydrates in support of the activities authorized by this paragraph, including-- ``(i) drilling of a test well and performing a long-term hydrate production test on land in the United States Arctic region by the date that is 4 years after the date of enactment of the Methane Hydrate Research and Development Amendments Act of 2015; ``(ii) drilling of a test well and performing a long-term hydrate production test in a marine environment by the date that is 10 years after the date of enactment of the Methane Hydrate Research and Development Amendments Act of 2015; and ``(iii) drilling a full-scale production test well at a location to be determined by the Secretary; or ``(G) expand education and training programs in methane hydrate resource research and resource development through fellowships or other means for graduate education and training. ``(2) Environmental monitoring.--The Secretary shall conduct a long-term environmental monitoring program to study the effects of production from methane hydrate reservoirs. ``(3) Competitive peer review.--Funds made available under paragraphs (1) and (2) shall be made available based on a competitive process using external scientific peer review of proposed research.''. (2) Conforming amendment.--Section 4(e) of the Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 2003(e)) is amended in the matter preceding paragraph (1) by striking ``subsection (b)(1)'' and inserting ``paragraphs (1) and (2) of subsection (b)''. (c) Authorization of Appropriations.--The Methane Hydrate Research and Development Act of 2000 is amended by striking section 7 (30 U.S.C. 2006) and inserting the following: ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act.''.

Summary: Methane Hydrate Research and Development Amendments Act of 2015 This bill amends the Methane Hydrate Research and Development Act of 2000 to revise and reauthorize the Department of Energy's (DOE) program of methane hydrate research and development. In carrying out the program, DOE may award grants to, or enter into contracts or cooperative agreements with, institutions that: (1) drill a test well and perform a long-term hydrate production test on land in the U.S. Arctic region within 4 years, (2) drill a test well and perform a long-term hydrate production test in a marine environment within 10 years, or (3) drill a full-scale production test well at a location to be determined by DOE. DOE must conduct a long-term environmental monitoring program to study the effects of production from methane hydrate reservoirs.


SEC. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Comprehensive Fentanyl Control Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Controlled substance analogues. Sec. 4. Treatment of controlled substance analogues. Sec. 5. Enhanced penalties. Sec. 6. Endangering human life while illegally manufacturing controlled substance. Sec. 7. Temporary scheduling of synthetic opioid analgesics. Sec. 8. Tableting machines, encapsulating machines, and controlled substance counterfeiting materials. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds as follows: (1) Fentanyl is a dangerous, synthetic opioid that's 50 to 100 times more potent than heroin and morphine and lethal in doses as small as approximately 2 milligrams. Current sentencing enhancements do not reflect the danger fentanyl poses at lower quantities compared to other illicit substances. (2) Because a lethal dose of fentanyl can be accidentally inhaled or absorbed through the skin, it's not just deadly to its users, but it also threatens the lives of law enforcement and customs officials, public health workers, first responders and postal workers who risk unknowingly coming into contact with fentanyl in its different forms. (3) From 2013 to 2014, the number of drug seizures by law enforcement that tested positive for fentanyl increased by 426 percent and synthetic opioid-related deaths increased by 79 percent, with over 700 overdose deaths related to fentanyl. However, due to variations in States' medical examiner and coroner testing and reporting techniques, and deaths attributed to heroin, this figure is believed to be significantly higher. (4) Illicitly manufactured fentanyl, pill press machines, and other supplies needed to manufacture counterfeit pills containing fentanyl are primarily sourced from China and widely available for purchase on the Internet. Traffickers can typically purchase a kilogram of fentanyl powder for as little as $2,000 from a Chinese supplier, transform it into hundreds of thousands of pills, and sell the counterfeit pills for millions of dollars in profit. (5) In 2015, the Drug Enforcement Administration (DEA) and Centers for Disease Control and Prevention (CDC) issued nationwide alerts identifying fentanyl as a threat to public health and safety and stating that the rise of counterfeit pills that contain fentanyl in the illicit drug market will likely result in more opioid-dependent individuals, overdoses, and deaths. (6) The DEA has identified two key challenges for using the Controlled Substances Analogue Enforcement Act of 1986 (21 U.S.C. 801 note) to prosecute individuals for violations relating to fentanyl: (A) The law requires that the substance have a substantially similar chemical structure to a controlled substance in order to be considered an analogue, yet the threshold for ``substantially similar'' has been cited by numerous courts as difficult to apply. (B) Each case requires additional investigation to determine whether the substance in question was ``intended for human consumption'' and can therefore be considered an analogue. (7) Illicit fentanyl manufacturers are continuously manipulating the chemical structures of the analogues in order to stay ahead of researchers and law enforcement, thus making prosecuting these crimes overly onerous. Furthermore, the speed at which these alterations can be made outpace the current authorities of the Department of Justice to schedule new compounds and analogues under the Controlled Substances Act (21 U.S.C. 801 et seq.). (b) Sense of Congress.--It is the sense of the Congress that-- (1) the trafficking in fentanyl and other synthetic opioids represents a public health emergency in the United States and requires a comprehensive legislative response; (2) the United States Government should use all available measures to reduce the availability of illicit fentanyl, its chemical precursors, and the equipment by which fentanyl may be milled into counterfeit prescription pills; (3) the United States Government should make grants available for State and local medical examiners and coroners to screen for fentanyl in suspected opioid overdose cases in regions reporting increases in fentanyl seizures, fentanyl- related overdose fatalities, or unusually high spikes in heroin or unspecified drug overdose fatalities; (4) State and local law enforcement should, if safe and possible, prioritize and expedite testing of drug samples taken from drug overdose scenes and share the data on fentanyl drug seizures with local health departments, coroners, and medical examiners; (5) grants made available to address the opioid epidemic should be used to improve States' surveillance of fentanyl- related deaths and to expand access to naloxone for first responders, law enforcement, and health care personnel given that multiple doses of naloxone must be administered per overdose event; and (6) the United States Government, including the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of the Office of National Drug Control Policy, should use the broad diplomatic and law enforcement resources of the United States, in partnership with the Governments of Mexico and China, to stop the trafficking of illicit fentanyl into the United States. SEC. 3. CONTROLLED SUBSTANCE ANALOGUES. (a) In General.--Clauses (i), (ii), and (iii) of section 102(32)(A) of the Controlled Substances Act (21 U.S.C. 802(32)(A)) are amended by striking ``substantially'' each place it appears. (b) Rule of Construction.--Section 102(32)(A) of the Controlled Substances Act (21 U.S.C. 82(32)(A)) shall not be construed to require that a substance satisfy more than one of the clauses listed in such section 102(32)(A) to meet the definition of a controlled substance analogue. SEC. 4. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES. Section 203 of the Controlled Substances Act (21 U.S.C. 813) is amended by striking ``shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I'' and inserting ``shall, to the extent to which it should be reasonably known to the manufacturer, distributor, or dispenser that the controlled substance analogue is intended for human consumption, be treated, with respect to such manufacturer, distributor, or dispenser, respectively, for the purpose of any Federal law as a controlled substance in schedule I''. SEC. 5. ENHANCED PENALTIES. (a) Controlled Substances Act Amendments.--The Controlled Substances Act is amended-- (1) in section 401(b)(1) (21 U.S.C. 841(b)(1))-- (A) in subparagraph (A)(vi)-- (i) by striking ``400 grams'' and inserting ``20 grams''; and (ii) by striking ``100 grams'' and inserting ``5 grams''; and (B) in subparagraph (B)(vi)-- (i) by striking ``40 grams'' and inserting ``2 grams''; and (ii) by striking ``10 grams'' and inserting ``0.5 grams''; and (2) by adding at the end of section 401(b) (21 U.S.C. 841(b)) the following: ``(8) In the case of a violation of subsection (a), if the mixture or substance contains a detectable amount of N-phenyl- [1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide and also contains a detectable amount of another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law. ``(9) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N- phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.''. (b) Controlled Substances Import and Export Act Amendments.-- Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by adding at the end the following: ``(8) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N- phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide also contains a detectable amount of another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law. ``(9) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N- phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.''. SEC. 6. ENDANGERING HUMAN LIFE WHILE ILLEGALLY MANUFACTURING CONTROLLED SUBSTANCE. Section 417 of the Controlled Substances Act (21 U.S.C. 858) is amended to read as follows: ``SEC. 417. ENDANGERING HUMAN LIFE WHILE ILLEGALLY MANUFACTURING CONTROLLED SUBSTANCE. ``(a) In General.--Whoever, while manufacturing a controlled substance in violation of this title, or attempting to do so, or transporting or causing to be transported materials, including chemicals, to do so, creates a substantial risk of harm to human life shall be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both. ``(b) Rebuttable Presumption.--For purposes of this section, there shall be rebuttable presumption that any violation of subsection (a) involving a detectable amount of N-phenyl-[1-(2-phenylethyl)-4- piperidinyl] propanamide, any analogue of N-phenyl-[1-(2-phenylethyl)- 4-piperidinyl] propanamide, or the immediate precursor of such a substance, creates a substantial risk of harm to human life.''. SEC. 7. TEMPORARY SCHEDULING OF SYNTHETIC OPIOID ANALGESICS. Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(k) Temporary Scheduling of Synthetic Opioid Analgesics.-- ``(1) Issuance of order.--The Attorney General may, by order and without regard to the findings required by subsection (a) of this section or section 202(b) and without regard to the procedures prescribed by subsections (a) and (b) of this section, place a substance in schedule I if-- ``(A) the substance is not listed in any other schedule in section 202; ``(B) no exemption, approval, or licensing is in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act; and ``(C) the Attorney General has reason to believe that such substance-- ``(i) is a synthetic opioid analgesic; ``(ii) is the object or intended object of clandestine importation, manufacture, or distribution; and ``(iii) poses an imminent hazard to public health and safety. ``(2) Effective date of order.--An order issued under paragraph (1) may not take effect until 5 days after its publication in Federal Register. ``(3) Expiration of order.--An order issued under paragraph (1) shall expire not later than 6 months after the date on which it becomes effective, except that the Attorney General may extend the order for up to 6 months. ``(4) Conclusion of rulemaking.--An order issued under paragraph (1) with respect to a substance shall be vacated upon the conclusion of a subsequent rulemaking proceeding initiated under subsection (a) with respect to such substance. ``(5) Order not subject to judicial review.--An order issued under paragraph (1) is not subject to judicial review.''. SEC. 8. TABLETING MACHINES, ENCAPSULATING MACHINES, AND CONTROLLED SUBSTANCE COUNTERFEITING MATERIALS. (a) Mailability.-- (1) In general.--Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a, the following new section: ``Sec. 3002b. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials ``(a) Any tableting machine, encapsulating machine, or controlled substance counterfeiting material is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such device or material is mailed-- ``(1) to a regulated person (as defined in section 102(38) of the Controlled Substances Act); or ``(2) to a person registered to manufacture a controlled substance by the Attorney General pursuant to section 302 of the Controlled Substances Act. ``(b) For the purpose of this section-- ``(1) the `controlled substance counterfeiting material' means any punch, die, plate, stone, or other thing described section 403(a)(5) of the Controlled Substances Act; ``(2) the term `encapsulating machine' means any manual, semiautomatic, or fully automatic equipment which may be used to fill shells or capsules with any powdered, granular, semisolid, or liquid material; and ``(3) the term `tableting machine' means any manual, semiautomatic, or fully automatic equipment which may be used for the compaction or molding of powdered or granular solids, or semisolid material, to produce coherent solid tablets.''. (2) Clerical amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following new item: ``3002b. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials.''. (b) Penalty.-- (1) In general.--Chapter 83 of title 18, United States Code, is amended by inserting after section 1716E the following new section: ``Sec. 1716F. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials ``Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any matter declared to be nonmailable by section 3002c of title 39, shall be fined under this title or imprisoned not more than 1 year, or both.''. (2) Clerical amendment.--The table of sections for chapter 83 of title 18, United States Code, is amended by inserting after the item relating to section 1716E the following new item: ``1716F. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials.''.

Summary: Comprehensive Fentanyl Control Act This bill amends the Controlled Substances Act (CSA) to modify the definition of "controlled substance analogue" to mean a substance that has a similar (previously, substantially similar) chemical structure and pharmacological effect to a schedule I controlled substance. Additionally, it modifies the treatment of controlled substance analogues. Under current law, a controlled substance analogue that is intended for human consumption is treated as a schedule I controlled substance. This bill replaces the "intended for human consumption" qualifier with a "not a chemical substance subject to the Toxic Substances Control Act" qualifier. Specifically, a controlled substance analogue that is not a chemical substance under the Toxic Substances Control Act is treated as a schedule I controlled substance. The bill modifies the drug quantity thresholds that trigger a mandatory minimum prison term for a defendant who manufactures, distributes, or possesses with intent to distribute fentanyl. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill allows the Drug Enforcement Administration to temporarily place a substance into schedule I if it reasonably believes that the substance: (1) is a synthetic opioid analgesic; (2) is the object of clandestine importation, manufacture, or distribution; and (3) poses an imminent hazard to public health and safety. Finally, the bill makes it a crime to knowingly mail to an unauthorized person equipment that may be used to manufacture counterfeit controlled substances.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Probabilistic Methods Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) probabilistic methods have wide applicability in improving process efficiency and eliminating overdesign in government programs and purchases; (2) the integration of probabilistic methods into business practices has contributed significantly to the success of industry quality programs and has saved billions of dollars for companies; (3) Federal use of probabilistic methods is less advanced than it is in industry; (4) probabilistic methods hold out the promise of better understanding of safety and environmental risks, and if properly applied can lead to more business-friendly regulations; (5) if made an integral part of federally funded design efforts, probabilistic methods could lead to a better understanding of the specifications a product must meet and reduce overdesign and associated costs; and (6) appropriate use of probabilistic methods within the programs of the Department of Transportation could lead through quantification of uncertainties to more reliable, less costly components of our transportation system, including roads, bridges, and automotive, aerospace, and mass transit systems, and could also benefit the programs of other Federal agencies such as the Department of Defense, the Department of Commerce, and the National Institutes of Health. SEC. 3. ESTABLISHMENT. The Administrator of the Research and Special Programs Administration of the Department of Transportation (in this Act referred to as the ``Administrator'') shall establish a commission to be known as the ``Commission on Probabilistic Methods'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) identify where and how probabilistic methods can help the Department of Transportation; (2) assess the extent to which probabilistic methods can help the Department of Transportation maximize return on investment and increase public safety; (3) evaluate the state of probabilistic methods technology; (4) identify the probabilistic techniques that are ready for practical use and recommend guidelines that can help a user decide what technique to use; (5) establish models for quantifying uncertainties in major Department of Transportation programs that affect cost, operation, and performance; (6) identify key technology areas that must be further developed; (7) recommend guidelines for implementation of probabilistic technology; (8) recommend how to set reliability levels that can ensure public safety and be achievable by industry; (9) recommend probabilistic-based guidelines for safety tests; (10) recommend guidelines for creating required database; (11) determine appropriate means of expediting technology transfer and ensuring that the principles of probabilistic methods are used appropriately in decisions involving funds under the control of the Department of Transportation; (12) identify legal and cultural barriers to the effective use of probabilistic methods at the Department of Transportation; (13) make recommendations for the use of probabilistic methods in Department of Transportation programs; (14) make recommendations for institutionalizing probabilistic methods values at the Department of Transportation after the termination of the Commission; and (15) recommend pilot projects for evaluation of probabilistic methods technology. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 19 members as follows: (1) A chairperson, who shall be a representative of an engineering society with experience in probabilistic methods, such as the Society of Automotive Engineers. (2) Four members from the higher education community. (3) Four members from various levels of government. (4) Four members from industry. (5) One member representing labor. (6) One member representing the environmental community. (7) One member representing the public interest. (8) A representative of the Department of Defense, appointed by the Secretary of Defense. (9) A representative of the Department of Commerce, appointed by the Secretary of Commerce. (10) A representative of the National Institutes of Health, appointed by the Director of the National Institutes of Health. The members described in paragraphs (1) through (7) shall be appointed by the Administrator. (b) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Basic Pay.--Members shall serve without pay. (d) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--10 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Initial Meeting.--The initial meeting of the Commission shall occur within 180 days after the date of the enactment of this Act. (g) Agenda.--Within 6 months after its initial meeting under subsection (f), the Commission shall transmit to the Administrator a written agenda for its activities. SEC. 6. ADMINISTRATIVE SUPPORT. (a) In General.--The Department of Transportation shall provide the Commission with such administrative support as it shall require to carry out its duties. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. REPORTS. (a) Interim Report.--The Commission shall transmit to the Administrator an interim report not later than 2 years after its initial meeting under section 5(f). (b) Final Report.--The Commission shall transmit a final report to the Administrator not later than 36 months after its initial meeting under section 5(f). The final report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate 10 days after submitting its final report pursuant to section 7(b). Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

Summary: Commission on Probabilistic Methods Act - Directs the Administrator of the Research and Special Programs Administration of the Department of Transportation (DOT) to establish the Commission on Probabilistic Methods. Requires the Commission to identify and assess the extent to which the use of probabilistic methods (techniques used to help reduce costs) can help DOT in administering its transportation programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Plymouth 400th Anniversary Commemorative Coin Act of 2017''. SEC. 2. FINDINGS. The Congress finds that-- (1) the arrival of the Pilgrims in Massachusetts in 1620 is an important landmark event in the history of the United States; (2) the United States is poised for an anniversary of national and international significance, in 2020 with the 400th anniversary of the Mayflower's voyage, signing of the Mayflower Compact, and the founding of Plymouth Colony; (3) the Plymouth 400th anniversary will highlight the cultural contributions and United States traditions that began with the interaction of the indigenous Wampanoag and English peoples, a story that significantly shaped the building of the United States; (4) the settlers, now known as the Pilgrims, and their ship the Mayflower, have come to represent national and international symbols of freedom and law; (5) the indigenous Wampanoag people, and their interaction with the Pilgrims, created an important legacy through their assistance and association, including participation in the first shared harvest, which serves as an indelible iconic moment in United States history; (6) the ``Mayflower Compact'', signed near Provincetown before the Pilgrims explored Provincetown and Cape Cod and subsequently landed in Plymouth, was the colonial cornerstone for self-governance in the New World and had a profound influence on later developments related to the Constitution of the United States and the Bill of Rights; (7) the story of the Wampanoag people, the Pilgrims, and the Mayflower are iconic symbols for the world representing freedom, family, law, and justice; (8) today, people from across the 50 States and around the world visit Massachusetts to see the sights of the first landing in Provincetown, early exploration of the New World along Cape Cod, and the ultimate landing and settlement in Plymouth (commemorated by Plymouth Rock), as well as to visit the re-created Mayflower and Plimoth Plantation, trace their ancestry, and learn about the indigenous Wampanoag and their integral role in the history of the United States; (9) there are more than 20,000,000 descendants worldwide who trace their ancestry back to the Mayflower passengers arriving in 1620 and on subsequent ships in the 1620s; (10) there are two federally recognized Indian Tribes in the Commonwealth of Massachusetts--the Wampanoag Tribe of Gay Head (Aquinnah) and the Mashpee Wampanoag Tribe--that have tribal members or citizens who descend from the historical Wampanoag Indian people whose sachem Massasoit signed the Wampanoag Treaty of 1621; (11) in 1897, the General Society of Mayflower Descendants was formed with the purpose of creating permanent records of those with lineage to the Mayflower Pilgrims, and to educate the public about the impact the Pilgrims had on Western civilization; (12) in 2009, a nonprofit organization, Plymouth 400, Inc., was established to ensure a suitable national observance of the Plymouth 400th anniversary to include the themes of exploration, innovation, immigration, self-governance, religious freedom, and thanksgiving, which are legacies that were sparked by these historic events and that continue today as cornerstones of the United States; (13) Plymouth 400, Inc. will lead, support, and facilitate legislative and marketing efforts for a commemorative coin series, United States postage stamps, and related activities for the Plymouth 400th anniversary observances and commemorations in 2020; (14) a commemorative coin series will bring national and international attention to the lasting legacy of Plymouth Colony, the indigenous Wampanoag Tribes, and the Pilgrim settlers; and (15) the proceeds from a surcharge on the sale of such commemorative coins will assist the financing of a suitable national observance in 2020 and 2021 of the 400th anniversary of the Pilgrim landing and historic events, including the signing of the Mayflower Compact, the first shared harvest, interaction with the indigenous Wampanoag people, and other significant events of the period. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.85 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins described in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag Tribes in the realization of the settlement. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2020''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consulting with-- (A) Plymouth 400, Inc.; (B) the General Society of Mayflower Descendants; (C) the Mashpee Wampanoag Tribe; (D) the Wampanoag Tribe of Gay Head (Aquinnah); (E) the Pilgrim Society; (F) Plimoth Plantation, Inc.; (G) the Pilgrim Monument and Provincetown Museum; (H) Provincetown 400; (I) the Plymouth Antiquarian Society; (J) the Massachusetts Cultural Council; and (K) the Massachusetts Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during a 1-year period beginning January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins under this Act shall be promptly paid by the Secretary as follows: (1) 30 percent of the surcharges, to the Plymouth 400, Inc.-- (A) to support the work of the organization to develop, implement, and provide oversight for the commemorations surrounding the events of 2020 through 2021; and (B) at the discretion of Plymouth 400 to distribute to local historical preservation, tribal, and cultural organizations to support their important work in educating the public about the settlement of 1620, their continued existence for the benefit of future generations, and other related purposes; (2) 30 percent of the surcharges, to the General Society of Mayflower Descendants-- (A) to support the continued restoration of the GSMD facilities in Plymouth; (B) to provide funding for the GSMD research library in Plymouth; (C) to support academic study to learn and disseminate new information about the Pilgrims and early colonial New England; (D) to provide funding for the restoration and operation of the National Pilgrim Memorial Meetinghouse; and (E) for educational purposes; (3) 20 percent of the surcharges, to the Mashpee Wampanoag Tribe, to continue programs to educate people about the life of the Wampanoag people and Wampanoag culture, language, and history; (4) 5 percent of the surcharges, to the Wampanoag Tribe of Gay Head (Aquinnah) to support programs to educate people about the life of the Wampanoag people prior to the Plymouth settlement and the interactions between the settlers and the Wampanoag people; (5) 5 percent of the surcharges, to the Pilgrim Society d/ b/a Pilgrim Hall Museum for the stewardship, conservation, and preservation of the museum's collection of Pilgrim and Plymouth historical materials, including-- (A) the historic 1824 museum building; (B) a digitization program to preserve and share historical resources and build the technological and generational foundation for continued engagement with Plymouth history and Pilgrim Hall Museum; (C) the development, design, and construction of a new museum website to serve as a digital gateway to museum resources; (D) improvements to permanent exhibition galleries and content, including greater attention to Wampanoag history; and (E) support for educational programs and educational partnerships, including a museum internship program; and (6) 5 percent of the surcharges to Plimoth Plantation Inc., to support the Museum's educational programs and exhibits that teach the general public about the 17th century history of America including the Mayflower, the Pilgrims, the Mayflower Compact, and the Native people of this region; (7) 5 percent of the surcharges, to Pilgrims' First Landing Park, Inc. d/b/a Provincetown 400 to support the organization's work in furtherance of events and programs that educate people about the lives of the Wampanoag people and the Pilgrims before and after the arrival of the Mayflower to the New World and that explore the themes of these historic events that are still relevant today, and to maintain historical markers and sites related to the events of 1620 and 1621. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of such time of issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. (e) Exemption From Matching Requirement.--Section 5134(f)(1)(A)(ii) of title 31, United States Code, shall not apply to the organizations referred to under paragraphs (3) and (4) of subsection (b) with respect to surcharges paid under this Act. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Summary: Plymouth 400th Anniversary Commemorative Coin Act of 2017 This bill directs the Department of the Treasury to issue up to 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag tribes in the realization of the settlement. These coins may be issued only during a one-year period beginning January 1, 2020. Sales of such coins shall include specified surcharges, which shall be paid by Treasury as follows: 30% to Plymouth 400, Inc.; 30% to the General Society of Mayflower Descendants; 20% to the Mashpee Wampanoag Tribe; 5% to the Wampanoag Tribe of Gay Head (Aquinnah); 5% to the Pilgrim Society's Pilgrim Hall Museum; 5% to Plimoth Plantation, Inc.; and 5% to Pilgrims' First Landing Park, Inc.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Reporting Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States promotes efforts to prevent harm to the environment generally, including fish, wildlife, endangered species, and other natural resources, and to encourage sustainable development. (2) Free trade agreements and other major trade actions may have significant effects, positive and negative, on environmental resources. (3) Those effects may be within or outside of the territorial jurisdiction of the United States. (4) The interaction between increased liberalized trade and the environment is a complex and little understood issue. (5) Free trade agreements and other major trade actions have traditionally been excluded from any environmental assessment or monitoring requirements. (6) As part of its responsibilities under the Constitution to regulate commerce with foreign nations, the Congress considers legislation to grant negotiating authority to the President for free trade agreements, and legislation to implement those agreements. (7) The Congress and the public should be apprised of the environmental effects of free trade agreements and other major trade actions. (8) The environmental effects of free trade agreements and other major trade actions should be identified and considered by the President before entering into such actions. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Environmental resources.--The term ``environmental resources'' means the environment generally, including fish, wildlife, endangered species, and other natural resources. (2) Free trade agreement.--The term ``free trade agreement'' means an agreement between the United States and another nation or nations-- (A) the purpose of which is to regulate or liberalize trade between the United States and such nation or nations; (B) which has been signed by the President; and (C) which requires implementing legislation. (3) Major trade action.-- (A) Generally.--The term ``major trade action''-- (i) means any trade action which may have effects on an environmental resource; and (ii) includes any free trade agreement. (B) Regulations.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, shall issue regulations which describe trade actions which are major trade actions under this paragraph. SEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVIRONMENTAL ASSESSMENTS OF FREE TRADE AGREEMENTS. (a) Consultation.-- (1) Requirement.--Before entering into negotiations for any free trade agreement or other major trade action, the United States Trade Representative shall consult, in accordance with the procedures established under paragraph (2), with the Congress, appropriate advisory committees established under the Trade Act of 1974, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of-- (A) identifying environmental resources that may be affected by the free trade agreement or other major trade action; and (B) in the case of a negotiation for a free trade agreement, determining the scope of the environmental assessment required under subsection (b). (2) Procedures.--Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the Council on Environmental Quality and after publication of notice and an opportunity for public comment, shall issue regulations which establish procedures for consultations under this subsection, including a requirement for publication of notice and an opportunity for public comment on the subject matter of the consultations. (b) Environmental Assessments.-- (1) In general.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Interior, and the Council on Environmental Quality, shall prepare an environmental assessment for each free trade agreement. (2) Contents of assessments.--Each environmental assessment shall include-- (A) identification of the potential effects of the free trade agreement on environmental resources; (B) the environmental resources protection laws of the United States that may be affected by the free trade agreement; (C) measures to supplement the free trade agreement that would minimize adverse effects identified under subparagraph (A); and (D) a detailed summary of the manner in which the results of consultations under subsection (a) with respect to the free trade agreement were taken into consideration in accordance with section 5. (3) Submission to congress.--The United States Trade Representative shall submit to the Congress the environmental assessment prepared for a free trade agreement-- (A) after the free trade agreement is signed by the President; and (B) at least 60 days before the President transmits legislation to implement the free trade agreement to the Congress. (4) Public availability.--The United States Trade Representative shall-- (A) make each environmental assessment under this subsection publicly available on and after the date it is submitted to the Congress under paragraph (3); and (B) publish notice of that availability in the Federal Register. SEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL EFFECTS. The United States Trade Representative shall-- (1) consider the results of all consultations under section 4(a) with respect to a major trade action before formulating any negotiating position for the major trade action; and (2) review each such negotiating position and determine its compatibility with the laws of the United States that protect environmental resources or encourage sustainable development. SEC. 6. MONITORING AND REPORTING. (a) Monitoring.-- (1) Effects on united states.--The Council on Environmental Quality, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, and the United States Trade Representative, shall monitor the effects of major trade actions on environmental resources within the territorial jurisdiction of the United States. (2) Effects on other nations.--The Council on Environmental Quality, in consideration with the officials referred to in paragraph (1) and the Secretary of State, shall cooperate with other nations to monitor and determine, to the extent practicable, the effects of major trade actions on environmental resources outside the territorial jurisdiction of the United States. (3) Report.--The Council on Environmental Quality shall report to the Congress every 3 years on the results of the monitoring required under this section. (b) Obligations Under Section 5.--The United States Trade Representative shall report to the Congress each year on the manner in which he or she has complied with section 5.

Summary: Trade and Environment Reporting Act of 1994 - Requires the United States Trade Representative (USTR), at the onset of negotiations for any free trade agreement or other major trade actions, to consult with the Congress, appropriate advisory committees, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of: (1) identifying environmental resources and Federal and State environmental laws that may be affected by such agreements or actions; and (2) determining the scope of a specified environmental assessment in the case of a negotiation for a free trade agreement. (Sec. 4) Directs the USTR to prepare an environmental assessment for each free trade agreement. (Sec. 5) Directs the USTR to: (1) consider the results of such consultations with respect to a major trade action before formulating any negotiating position for such action; and (2) review such negotiating position and determine its compatibility with U.S. laws that protect environmental resources or encourage sustainable development. (Sec. 6) Directs the Council on Environmental Quality: (1) to monitor the effects of major trade actions on environmental resources within the United States; and (2) together with the Secretary of State to cooperate with other nations to monitor and determine the effects of such actions on such resources outside the United States. Requires the Council to report every three years to the Congress on the results of such monitoring.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Emergency Health Services Reimbursement Act of 2002''. SEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended to read as follows: ``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. ``(a) Total Amount Available for Allotment.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2003 through 2007, for the purpose of making allotments under this section to States described in paragraph (1) or (2) of subsection (b). ``(b) State Allotments.-- ``(1) Based on highest number of undocumented aliens.-- ``(A) Determination of allotments.-- ``(i) In general.--Out of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall use $134,000,000 of such amount to compute an allotment for each such fiscal year for each of the 17 States with the highest number of undocumented aliens. ``(ii) Formula.--The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under this paragraph for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. ``(iii) Availability of funds.--The amount of an allotment provided to a State under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. ``(B) Data.--For purposes of subparagraph (A), the number of undocumented aliens in a State shall be determined based on estimates of the resident undocumented alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). ``(2) Based on number of undocumented alien apprehension states.-- ``(A) In general.--Out of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall use $66,000,000 of such amount to compute an allotment for each such fiscal year for each of the 6 States with the highest number of undocumented alien apprehensions for such fiscal year. ``(B) Determination of allotments.--The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under this paragraph for the fiscal year as the ratio of the number of undocumented alien apprehensions in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. ``(C) Data.--For purposes of this paragraph, the highest number of undocumented alien apprehensions for a fiscal year shall be based on the 4 most recent quarterly apprehension rates for undocumented aliens in such States, as reported by the Immigration and Naturalization Service. ``(D) Availability of funds.--The amount of an allotment provided to a State under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. ``(3) Rule of construction.--Nothing in this section shall be construed as prohibiting a State that is described in both of paragraphs (1) and (2) from receiving an allotment under both such paragraphs for a fiscal year. ``(c) Use of Funds.--The Secretary shall pay, from the allotments made for a State under paragraphs (1) and, if applicable, (2) of subsection (b) for a fiscal year, to each State and directly to local governments, hospitals, or other providers located in the State (including providers of services received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act)) that provide uncompensated emergency health services furnished to undocumented aliens during that fiscal year, such amounts (subject to the total amount available from such allotments) as the State, local governments, hospitals, or providers demonstrate were incurred for the provision of such services during that fiscal year. ``(d) Definitions.--In this section: ``(1) Hospital.--The term `hospital' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). ``(2) Provider.--The term `provider' includes a physician, any other health care professional licensed under State law, and any other entity that furnishes emergency health services, including ambulance services. ``(3) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(4) State.--The term `State' means the 50 States and the District of Columbia. ``(e) Entitlement.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts provided under this section.''.

Summary: Local Emergency Health Services Reimbursement Act of 2002 - Amends the Balanced Budget Act of 1997 to appropriate $200,000,000 for each of FY 2003 through 2007 for allotments to States for reimbursement of emergency health services furnished to undocumented aliens (presently such appropriations end after FY 2001). Directs the Secretary of Health and Human Services to use $134,000,000 of such amount to compute an allotment, according to a specified formula, for each of the 17 States with the highest number of undocumented aliens. Directs the Secretary to use $66,000,000 to compute an allotment for each of the six States with the highest number of undocumented alien apprehensions. Permits a State to receive funds on both accounts. Allows funds to go to States, local governments, hospitals, or other providers in a State, including providers of services received through an Indian Health Service facility (presently funds go only to States).Declares that this Act constitutes budget authority in advance of appropriations Acts.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Credit Card Transparency Act of 2009''. SEC. 2. COLLEGE CREDIT CARD AGREEMENTS. (a) In General.--Section 127 of the Truth in Lending Act is amended by adding at the end the following new subsection: ``(i) College Card Agreements.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) College affinity card.--The term `college affinity card' means a credit card issued by a credit card issuer under an open end consumer credit plan in conjunction with an agreement between the issuer and an institution of higher education, or an alumni organization or foundation affiliated with or related to such institution, under which such cards are issued to college students who have an affinity with such institution, organization and-- ``(i) the creditor has agreed to donate a portion of the proceeds of the credit card to the institution, organization, or foundation (including a lump sum or 1-time payment of money for access); ``(ii) the creditor has agreed to offer discounted terms to the consumer; or ``(iii) the credit card bears the name, emblem, mascot, or logo of such institution, organization, or foundation, or other words, pictures, or symbols readily identified with such institution, organization, or foundation. ``(B) College student credit card account.--The term `college student credit card account' means a credit card account under an open end consumer credit plan established or maintained for or on behalf of any college student. ``(C) College student.--The term `college student' means an individual who is a full-time or a part-time student attending an institution of higher education. ``(D) Institution of higher education.--The term `institution of higher education' has the same meaning as in section 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Reports by creditors.-- ``(A) In general.--Each creditor shall submit an annual report to the Board containing the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with an institution of higher education, or an alumni organization or foundation affiliated with or related to such institution, with respect to any college student credit card issued to a college student at such institution. ``(B) Details of report.--The information required to be reported under subparagraph (A) includes-- ``(i) any memorandum of understanding between or among a creditor, an institution of higher education, an alumni association, or foundation that directly or indirectly relates to any aspect of any agreement referred to in such subparagraph or controls or directs any obligations or distribution of benefits between or among any such entities; ``(ii) the amount of payments from the creditor to the institution, organization, or foundation during the period covered by the report, and the precise terms of any agreement under which such amounts are determined; and ``(iii) the number of credit card accounts covered by any such agreement that were opened during the period covered by the report and the total number of credit card accounts covered by the agreement that were outstanding at the end of such period. ``(C) Aggregation by institution.--The information reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation affiliated with or related to such institution. ``(3) Reports by board.--The Board shall submit to the Congress, and make available to the public, an annual report that lists the information concerning credit card agreements submitted to the Board under paragraph (2) by each institution of higher education, alumni organization, or foundation.''. (b) Study and Report by the Comptroller General.-- (1) Study.--The Comptroller General of the United States shall from time to time review the reports submitted by creditors and the marketing practices of creditors to determine the impact that college affinity card agreements and college student card agreements have on credit card debt. (2) Report.--Upon completion of any study under paragraph (1), the Comptroller General shall periodically submit a report to the Congress on the findings and conclusions of the study, together with such recommendations for administrative or legislative action as the Comptroller General determines to be appropriate. (c) Effective Date for Initial Creditor Reports.--The initial reports required under paragraph (2)(A) of the amendment made by subsection (a) shall be submitted to the Board of Governors of the Federal Reserve System before the end of the 90-day period beginning on the date of the enactment of this Act.

Summary: Student Credit Card Transparency Act of 2009 - Amends the Truth in Lending Act to require creditors to report annually to the Federal Reserve Board on the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with institutions of higher education, or related alumni organizations or foundations, with respect to college student credit cards issued to students at such schools. Directs the Comptroller General to review such reports and creditor marketing practices periodically and report to Congress on the affect college affinity card agreements and college student credit card agreements have on credit card debt.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs Act of 2015''. SEC. 2. CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. ``(a) General Rule.--For purposes of section 38, in the case of an eligible small employer, the small employer hiring credit determined under this section for any taxable year is the amount determined under subsection (b). ``(b) Small Employer Hiring Credit Amount.--The amount determined under this subsection for a taxable year with respect to a qualified small employer is the product of-- ``(1) the tax rate in effect under section 3111(a) for the calendar year in which such taxable year ends, multiplied by ``(2) the wages paid by the qualified small employer with respect to employment of all covered employees during the taxable year. ``(c) Qualified Employer.--For purposes of this subsection-- ``(1) In general.--The term `qualified small employer' means with respect to any calendar year, an employer who-- ``(A) has a place of business in a county with an annual unemployment rate for the preceding calendar year of at least one percentage point greater than the national annual unemployment rate for the preceding calendar year, and ``(B) who on no business day of the preceding calendar year employed less than 2, or more than 100, employees. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(3) Special rules.--For purposes of this subsection-- ``(A) Predecessor and successor.--Any reference in this paragraph to an employer shall include a reference to any predecessor of, or successor to, such employer. ``(B) Aggregation rule.--All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer. ``(C) Governmental employers not included.--The term `employer' does not include the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(D) Determination of unemployment rate.--The unemployment rate shall be the rate determined by the Bureau of Labor Statistics. ``(4) Credit applies for only 1 year.--If an election to claim the credit under this section is in effect for any calendar year, paragraph (1) shall not apply to such employer for any year after such calendar year. ``(d) Covered Employee.--For purposes of this subsection-- ``(1) In general.--The term `covered employee' means, with respect to any week, is an employee who-- ``(A) first begins work for the employer for services performed by the employee-- ``(i) in a trade or business of such qualified small employer, or ``(ii) in the case of a qualified small employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501, and ``(B) is employed on average at least 30 hours of service per week. ``(2) Limitation to 5 employees.--An employer may not treat more than 5 employees as covered employees. ``(3) Hours of service.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ``(e) Credit Made Available to Tax-Exempt Eligible Small Employers.-- ``(1) In general.--In the case of a tax-exempt eligible small employer, there shall be treated as a credit allowable under subpart C (and not allowable under this subpart) the amount of the credit determined under this section with respect to such employer. ``(2) Tax-exempt eligible small employer.--For purposes of this section, the term `tax-exempt eligible small employer' means an eligible small employer which is any organization described in section 501(c) which is exempt from taxation under section 501(a). ``(f) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(h) Termination.--This section shall not apply with respect to wages paid after December 31, 2017.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) the small employer small employer hiring credit determined under section 45S.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45S. Certain individuals hired by a small employer.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015.

Summary: Small Business Jobs Act of 2015 This bill amends the Internal Revenue Code to allow a qualified small employer a business-related tax credit for the cost of hiring up to 5 new employees who work for such employer, on average, at least 30 hours per week. The bill defines "qualified small employer" as an employer who: (1) has a place of business in a county with an annual unemployment rate that is at least 1% greater than the national rate for the preceding calendar year; and (2) did not employ fewer than 2, or more than 100, employees in the preceding calendar year. The bill allows an employer who is a tax-exempt organization to claim such credit. The credit is not available for wages paid after December 31, 2017.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Sunshine Act of 1993''. SEC. 2. PUBLIC DISCLOSURE OF COMMUNICATIONS. (a) Disclosure Requirement.--Section 552b of title 5, United States Code, commonly referred to as the ``Government in the Sunshine Act'', is amended by adding at the end the following: ``(n)(1) Any person who is a senior member of the Federal Government shall, after his or her service or employment as a senior member of the Federal Government terminates, file, in accordance with paragraph (2), reports containing the following information: ``(A)(i) The name of any Member of Congress, and the name and title of any congressional staff member or of any officer or employee of any agency, to whom he or she makes an oral or written communication on behalf of anyone other than himself or herself or the United States, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding an official action of the Congress or that agency. ``(ii) A person who is a former senior appointee is required under this subparagraph to report only a communication regarding-- ``(I) an official action by an agency of which he or she, as such senior appointee, was an officer or employee; ``(II) an official action by the Congress that directly affects an agency described in subclause (I); or ``(III) an official action relating to a matter in which he or she participated personally and substantially as such senior appointee. ``(B) The name, address, and telephone number of any person on whose behalf he or she makes a communication described in subparagraph (A). ``(C) A description of the legislation, regulation, trade negotiation, or other matter that a communication described in subparagraph (A) concerns. ``(D) The name, address, and telephone number of any foreign government, foreign political party, or foreign business entity whom he or she represents, aids, or advises, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding any official action of the Congress or of an agency. ``(2)(A) Subject to subparagraph (B), each person who is required to file a report under paragraph (1) shall file such report-- ``(i) by July 30 of each year, containing information relating to the period January 1 through June 30 of that year; and ``(ii) by January 31 of each year, containing information relating to the period July 1 through December 31 of the preceding year. ``(B)(i) A person shall file the first report under paragraph (1) for the first reporting period described in subparagraph (A) of this paragraph-- ``(I) which occurs after the person leaves his or her office or position; and ``(II) in which he or she made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D). For all subsequent reporting periods, such person shall file a report under paragraph (1) whether or not the person made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D), during the reporting period. ``(ii) In the case of a person who makes no communication described in paragraph (1)(A), and no representation, aid, or advice described in paragraph (1)(D), during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, such person shall file under paragraph (1) a report covering the first 2 years of such 5-year period, and a report covering the next 3 years of such 5-year period. ``(iii) The last report which a person described in clause (i) or (ii) is required to file under paragraph (1) is a report filed by the date specified in clause (i) or (ii) of subparagraph (A) that first occurs after the end of the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates. ``(3)(A) A former President, Vice President, or senior appointee shall file the report required by paragraph (1) with the Director of the Office of Management and Budget. ``(B) A former Representative in the Congress, Delegate or Resident Commissioner to the Congress, or senior congressional staff member whose pay was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, shall file the report required by paragraph (1) with the Clerk of the House of Representatives. ``(C) A former Senator, or former senior congressional staff member whose pay was disbursed by the Secretary of the Senate, shall file the report required by paragraph (1) with the Secretary of the Senate. ``(4) The Clerk of the House of Representatives, the Secretary of the Senate, and the Director of the Office of Management and Budget shall, within 30 days after receiving a report filed under paragraph (1), make such report available to the public for inspection and copying during normal business hours. ``(5) In any case in which a person-- ``(A) has failed to file a report required by paragraph (1) with the Director of the Office of Management and Budget, the Clerk of the House of Representatives, or the Secretary of the Senate, as the case may be, ``(B) has failed to file information required in such report, or ``(C) has filed false information in such report, the Director, Clerk, or Secretary, as the case may be, shall, within 60 days after the date on which the report should have been filed or was filed, make public the name of such person and refer the name of such person to the Attorney General. ``(6) The Attorney General may bring a civil action in any appropriate United States district court against any person who fails to file a report required by paragraph (1), fails to file information required in such report, or has filed false information in any such report. The court in which such action is brought shall, upon proof of such filing or failure to file by a preponderance of the evidence, assess against such person a civil penalty of not more than $10,000. ``(7)(A) The Clerk of the House of Representatives shall make public on January 31 of each year the names of each former Representative in the Congress, each Delegate or Resident Commissioner to the Congress, and each senior congressional staff member whose compensation was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, who is required to file a report under paragraph (1). ``(B) The Secretary of the Senate shall make public on January 31 of each year the names of each former Senator, and each senior congressional staff member whose compensation was disbursed by the Secretary of the Senate, who is required to file a report under paragraph (1). ``(C) The Director of the Office of Management and Budget shall make public on January 31 of each year the names of each senior appointee who is required to file a report under paragraph (1). ``(D) The requirements of this paragraph shall first apply in January of 1995. ``(8) For purposes of this subsection-- ``(A) the term `agency' has the meaning given that term in section 552(f) of this title; ``(B) the term `congressional staff member' means an elected officer of either House of Congress, an employee whose pay is disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, and an employee whose pay is disbursed by the Secretary of the Senate; ``(C) the term `foreign business entity' means a partnership, association, corporation, organization, or other combination of persons either organized under the laws of or having its principal place of business in a foreign country; ``(D) the term `foreign government' means the `government of a foreign country', as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended; ``(E) the term `foreign political party' has the meaning given that term in section 1(f) of the Foreign Agents Registration Act of 1938, as amended; ``(F) the term `Member of Congress' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress; ``(G) the term `official action' does not include the routine provision of information and services; ``(H) the term `senior appointee' means any individual-- ``(i) who is appointed by the President, the Vice President, or the head of an agency to a full-time position in an agency in the civil service or in the uniformed services, or is appointed to a position in the Foreign Service or the Senior Executive Service; and ``(ii)(I) whose rate of basic pay, if appointed to a position in the civil service, the Foreign Service, or the Senior Executive Service, is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; or ``(II) who, if appointed to a position in the uniformed services, is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O-7 or above; ``(I) the term `senior congressional staff member' means any individual who is a congressional staff member and whose rate of basic pay is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; ``(J) the term `senior member of the Federal Government' means an individual who-- ``(i) is President, Vice President, or a senior appointee, or ``(ii) is a Member of Congress or a senior congressional staff member, and is serving in such position after January 4, 1995; and ``(K) the term `written communication' includes any communication, other than an oral communication, that is transmitted by any means, including by an electronic device.''. (b) Conforming and Clerical Amendments.--Section 552b(a)(1) of title 5, United States Code, is amended-- (1) by inserting ``, except as provided in subsection (n),'' after `` `agency' ''; and (2) by striking ``section 552(e)'' and inserting ``section 552(f)''.

Summary: Revolving Door Sunshine Act of 1993 - Amends the Government in the Sunshine Act to require former Presidents, Vice Presidents, and senior Federal appointees, as well as former Members of Congress and senior congressional staff members, to file, for a certain period after leaving Government, periodic reports with the appropriate entity which disclose certain communications made and other actions (generally related to advising or lobbying, especially, but not only, by foreign persons) taken by them during the reporting period. Requires such reports to be made public. Authorizes sanctions in cases of noncompliance.