SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Citizenship Act of 2000''. TITLE I--CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES. (a) In General.--Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows: ``children born outside the united states and residing permanently in the united states; conditions under which citizenship automatically acquired ``Sec. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: ``(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. ``(2) The child is under the age of eighteen years. ``(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. ``(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following: ``Sec. 320. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired.''. SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES. (a) In General.--Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows: ``children born and residing outside the united states; conditions for acquiring certificate of citizenship ``Sec. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled: ``(1) At least one parent is a citizen of the United States, whether by birth or naturalization. ``(2) The United States citizen parent-- ``(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or ``(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years. ``(3) The child is under the age of eighteen years. ``(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status. ``(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship. ``(c) Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 322 and inserting the following: ``Sec. 322. Children born and residing outside the United States; conditions for acquiring certificate of citizenship.''. SEC. 103. CONFORMING AMENDMENT. (a) In General.--Section 321 of the Immigration and Nationality Act (8 U.S.C. 1432) is repealed. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 321. SEC. 104. EFFECTIVE DATE. The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act, as in effect on such effective date. TITLE II--PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASONABLE BELIEF OF CITIZENSHIP SEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER, REMOVAL FROM THE UNITED STATES, AND CRIMINAL PENALTIES. (a) Protection From Being Considered Not of Good Moral Character.-- (1) In general.--Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended by adding at the end the following: ``In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.''. (2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546) and shall apply to individuals having an application for a benefit under the Immigration and Nationality Act pending on or after September 30, 1996. (b) Protection From Being Considered Inadmissible.-- (1) Unlawful voting.--Section 212(a)(10)(D) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as follows: ``(D) Unlawful voters.-- ``(i) In general.--Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. ``(ii) Exception.--In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.''. (2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is amended to read as follows: ``(ii) Falsely claiming citizenship.-- ``(I) In general.--Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible. ``(II) Exception.--In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996. (c) Protection From Being Considered Deportable.-- (1) Unlawful voting.--Section 237(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read as follows: ``(6) Unlawful voters.-- ``(A) In general.--Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable. ``(B) Exception.--In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.''. (2) Falsely claiming citizenship.--Section 237(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows: ``(D) Falsely claiming citizenship.-- ``(i) In general.--Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. ``(ii) Exception.--In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996. (d) Protection From Criminal Penalties.-- (1) Criminal penalty for voting by aliens in federal election.--Section 611 of title 18, United States Code, is amended by adding at the end the following: ``(c) Subsection (a) does not apply to an alien if-- ``(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization); ``(2) the alien permanently resided in the United States prior to attaining the age of 16; and ``(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.''. (2) Criminal penalty for false claim to citizenship.--Section 1015 of title 18, United States Code, is amended by adding at the end the following: ``Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 216 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-572). The amendment made by paragraph (2) shall be effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009- 572). The amendments made by paragraphs (1) and (2) shall apply to an alien prosecuted on or after September 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Provides for issuance of a certificate of naturalization for a child born outside of the United States when the following conditions are met: (1) at least one parent is a U.S. citizen who has been present in the United States for not less than five years, at least two of which were after having attained the age of 14, or who has a citizen parent meeting such requirements; (2) the child is under 18 years old; and (3) the child is residing outside the United States in the legal and physical custody of the citizen parent, is temporarily and lawfully present in the United States, and is maintaining such lawful status. Applies such provision to an adopted child meeting certain definitional requirements who is adopted by a U.S. citizen parent. Title II: Protections for Certain Aliens Voting Based on Reasonable Belief of Citizenship - Amends the Immigration and Nationality Act respecting unlawful voting or false U.S. citizenship claims by permanent resident aliens under 16 years old having natural or adoptive U.S. citizen parents, to provide exceptions from certain provisions regarding deportability, moral character, inadmissability or related criminal penalties.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Medications for the Elderly Act''. SEC. 2. MEDICARE COVERAGE OF PHARMACEUTICAL CARE SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (N); and (2) by inserting after subparagraph (O) the following new subparagraph: ``(P) covered pharmaceutical care services (as defined in subsection (oo));''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Covered Pharmaceutical Care Services ``(oo)(1) The term `covered pharmaceutical care services' means pharmaceutical care services described in paragraph (2) which are furnished by a pharmacist who is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished. ``(2) The pharmaceutical care services described in this paragraph are as follows: ``(A) Services covered under subsection (s)(10) (relating to certain vaccines and their administration). ``(B) Consultation with a physician which results in the physician taking any of the following actions with respect to an outpatient prescription drug furnished to an individual enrolled under part B (without regard to whether or not payment is made for the drug under such part): ``(i) A change in the individual's drug regimen to avoid an adverse interaction with another drug or medical condition. ``(ii) A change in the dosage or form of an outpatient prescription drug taken by the individual. ``(iii) The elimination of a drug from the individual's drug regimen. ``(iv) The initiation of a drug therapy for a medical condition. ``(C) Consultation with an individual enrolled under part B which results in improved compliance by the individual with an outpatient prescription drug regimen with respect to any drug identified by the Secretary pursuant to paragraph (3), if the pharmacist maintains documentation (in accordance with such requirements as the Secretary may impose) that the improvement in compliance is considered necessary by the prescriber of the drug or under peer-reviewed medical literature. ``(3)(A) With respect to the consultations described in paragraph (2)(C), the Secretary shall, not later than one year after the date of the enactment of this subsection, identify and publish a list of outpatient prescription drugs (without regard to whether payment is made for such drug under part B) which are used in the treatment of the following conditions prevalent in the elderly: ``(i) Asthma and chronic obstructive pulmonary disease. ``(ii) Congestive heart failure. ``(iii) Depression. ``(iv) Hyperlipidemia. ``(v) Non-insulin-dependent diabetes. ``(vi) Prevention of stroke (including antihypertensive and anticoagulant therapy). ``(vii) Simultaneous use of 4 or more drugs. ``(B) Beginning 5 years after the date of the enactment of this subsection, the Secretary may periodically update such list of drugs to reflect changes in medical and pharmaceutical practice, the development of new drugs, and other factors the Secretary considers appropriate.''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (P)'' and inserting ``(P)''; and (B) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to covered pharmaceutical care services (as defined in section 1861(oo)), the amounts paid shall be the amounts described in section 1834(k)(1);''. (2) Establishment of fee schedule.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(k) Fee Schedules for Pharmaceutical Care Services.-- ``(1) Development.--The Secretary shall develop-- ``(A) a relative value scale to serve as the basis for the payment of covered pharmaceutical care services (as defined in section 1861(oo)) under this part; and ``(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for covered pharmaceutical care services under this part, to be implemented for such services furnished during years beginning after the expiration of the 3- year period which begins on the date of the enactment of this subsection. ``(2) Considerations.--In developing the relative value scale and fee schedules under paragraph (1), the Secretary shall take into account-- ``(A) differences in the time required to perform types of covered pharmaceutical care services; ``(B) differences in the level of risk associated with the use of particular outpatient prescription drugs or groups of drugs; and ``(C) differences in the health status of individuals to whom covered pharmaceutical care services are provided. ``(3) Payments prior to implementation of fee schedule.--In the case of covered pharmaceutical care services described in subparagraph (B) or (C) of section 1861(oo)(2) which are furnished prior to the implementation of the fee schedule under paragraph (1)(B), the amount of payment made under this part shall be equal to 80 percent of the amount which would be paid for the service under the fee schedule applicable under section 1848 if the service were furnished by a physician.''. (3) Report to congress.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the relative value scale and fee schedules developed pursuant to section 1834(k)(1) of the Social Security Act (as added by paragraph (2)) for covered pharmaceutical services under part B of the Medicare program. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 1997.

Summary: Safe Medications for the Elderly Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for Medicare part B (Supplementary Medical Insurance) coverage of certain pharmaceutical care services; and (2) direct the Secretary of Health and Human Services to develop a relative value scale and fee schedules for the payment of such services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Reno, Nevada, Railroad Right-of-Way Conveyance Validation Act''. SEC. 2. VALIDATION OF CONVEYANCES. Except as provided in section 4, the conveyances described in section 3 (involving certain lands in Washoe County, State of Nevada) concerning lands that form parts of the right-of-way granted by the United States to the Central Pacific Railway Company in the Act entitled ``An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and confirmed, as far as any interest of the United States in such lands is concerned, with the same force and effect as if the land involved in each such conveyance had been held, on the date of such conveyance, under absolute fee simple title by the grantor of such land. SEC. 3. CONVEYANCES OF LANDS IN WASHOE COUNTY, STATE OF NEVADA. The conveyances of land in Washoe County, State of Nevada, referred to in section 2 are as follows: (1) The conveyance entered into between Charles Crocker, grantor, and A. Montminy, grantee, recorded June 10, 1868, in book 2, at page 417, in the deed records of the county of Washoe. (2) The conveyance entered into between Charles Crocker, grantor, and U. Harris, grantee, recorded June 22, 1868, in book 2, at page 430, in the deed records of the county of Washoe. (3) The conveyance entered into between Charles Crocker, grantor, and Mark Lovely, grantee, recorded July 16, 1868, in book 2, at page 569, in the deed records of the county of Washoe. (4) The conveyance entered into between Charles Crocker, grantor, and Marco Medin and Paul Mavrich, grantees, recorded July 20, 1868, in book 2, at page 462, in the deed records of the county of Washoe. (5) The conveyance entered into between Charles Crocker, grantor, and S. Barclay, grantee, recorded September 21, 1868, in book 2, at page 513, in the deed records of the county of Washoe. (6) The conveyance entered into between Charles Crocker, grantor, and John Piper, grantee, recorded December 18, 1868, in book 2, at page 613, in the deed records of the county of Washoe. (7) The conveyance entered into between Charles Crocker, grantor, and William H. Potter, grantee, recorded June 28, 1869, in book 3, at page 15, in the deed records of the county of Washoe. (8) The conveyance entered into between Charles Crocker, grantor, and O.C. Madden, recorded November 16, 1870, in book 3, at page 299, in the deed records of the county of Washoe. (9) The conveyance entered into between Charles Crocker, grantor, and Peter Zenovich and George Zenovich, grantees, recorded August 12, 1871, in book 3, at page 519, in the deed records of the county of Washoe. (10) The conveyance entered into between Charles Crocker, grantor, and Mrs. M.A. Pine, grantee, recorded August 21, 1871, in book 3, at page 527, in the deed records of the county of Washoe. (11) The conveyance entered into between Charles Crocker, grantor, and T.R. Hughes, grantee, recorded October 11, 1871, in book 3, at page 552, in the deed records of the county of Washoe. (12) The conveyance entered into between Charles Crocker, grantor, and Joseph Leonard, grantee, recorded December 10, 1873, in book 4, at page 568, in the deed records of the county of Washoe. (13) The conveyance entered into between Charles Crocker, grantor, and S.M. Jamison, grantee, recorded August 17, 1875, in book 5, at page 606, in the deed records of the county of Washoe. (14) The conveyance entered into between Charles Crocker, grantor, and W.R. Chamberlain and W.S. Bender, grantees, recorded April 6, 1876, in book 6, at page 77, in the deed records of the county of Washoe. (15) The conveyance entered into between Charles Crocker, grantor, and C.S. Martin, grantee, recorded September 29, 1880, in book 8, at page 628, in the deed records of the county of Washoe. (16) The conveyance entered into between Charles Crocker, grantor, and E.C. McKenney, grantee, recorded October 7, 1881, in book 9, at page 296, in the deed records of the county of Washoe. (17) The conveyance entered into between Charles Crocker, grantor, and Josephine E. McCutchen, recorded May 2, 1891, in book 15, at page 401, in the deed records of the county of Washoe. (18) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Lincoln Management Company, Inc., a Nevada corporation, as to an undivided 50 percent interest, Donald L. Carano, a married man, as to an undivided 33 percent interest, and Raymond J. Poncia, Jr., an unmarried man, as to an undivided 17 percent interest as tenants in common, grantees, recorded September 30, 1988, in book 2806, at page 950, as instrument no. 1278084, in the official records of the county of (Washoe). (19) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Western Pacific Development Corporation, a Delaware corporation grantee, recorded October 5, 1988, in book 2809, at page 522, as instrument no. 1279168, and by Correction Deed recorded July 31, 1989, in book 2943, at page 902, as instrument no. 1340306 in the official records of the county of Nevada. (20) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Zante, Inc., a Nevada corporation, grantee, recorded May 31, 1989, in book 2916, at page 825, as instrument no. 1327855 in the official records of the county of Nevada. (21) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Frank F. Knafel, an individual, grantee, recorded September 29, 1989, in book 2971, at page 120, as instrument no. 1352564 in the official records of the county of Nevada. (22) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and George E. Croom, Jr., and Sharon M. Croom, as Trustees of The Lake Trust, grantee, recorded August 25, 1990, in book 3131, at page 608, as instrument no. 1422684 in the official records of the county of Nevada. (23) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and the Redevelopment Agency of the City of Reno, a governmental agency, grantee, recorded December 11, 1992, in book 3630, at page 297, as instrument no. 1629655 in the official records of the county of Nevada. SEC. 4. LIMITATIONS ON VALIDATION OF CONVEYANCES. (a) Scope.--Nothing in this Act shall be construed to-- (1) diminish the right-of-way referred to in section 2 to a width of less than 50 feet on each side of the center of the main track or tracks maintained by the Southern Pacific Transportation Company on the date of enactment of this Act; or (2) legalize, validate, or confirm, with respect to any land that is the subject of a conveyance referred to in section 3, any right or title to, or interest in, such land arising out of adverse possession, prescription, or abandonment, and not confirmed by such conveyance; (3) impair any existing rights of access in favor of the public or any owner of adjacent lands over, under, or across the lands which are referred to in section 3. (b) Minerals.-- (1) The United States hereby reserves any federally owned minerals that may exist in land that is conveyed pursuant to section 2 of this Act, including the right of the United States, its assignees or lessees, to enter upon and utilize as much of the surface of said land as is necessary to remove minerals under the laws of the United States. (2) Any and all minerals reserved by paragraph (1) are hereby withdrawn from all forms of entry, appropriation, and patent under the mining, mineral leasing, and geothermal leasing laws of the United States.

Summary: Reno, Nevada, Railroad Right-of-Way Conveyance Validation Act - Validates the conveyances from the United States to the Central Pacific Railway Company of certain lands in Washoe County, Nevada, constituting parts of a right-of-way granted to such Railway. Reserves to the United States any federally owned mineral rights in such lands.


-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-L-u-p-u-s -R-e-s-e-a-r-c-h -A-m-e-n-d-m-e-n-t-s -o-f -1-9-9-3-'-'-. -S-E-C-. -2-. -F-I-N-D-I-N-G-S-. -T-h-e -C-o-n-g-r-e-s-s -f-i-n-d-s -t-h-a-t--- -(-1-) -l-u-p-u-s -i-s -a -s-e-r-i-o-u-s-, -c-o-m-p-l-e-x-, -i-n-f-l-a-m-m-a-t-o-r-y-, -a-u-t-o-i-m-m-u-n-e -d-i-s-e-a-s-e -o-f -p-a-r-t-i-c-u-l-a-r -c-o-n-c-e-r-n -t-o -w-o-m-e-n-; -(-2-) -l-u-p-u-s -a-f-f-e-c-t-s -w-o-m-e-n -9 -t-i-m-e-s -m-o-r-e -o-f-t-e-n -t-h-a-n -m-e-n-; -(-3-) -t-h-e-r-e -a-r-e -3 -m-a-i-n -t-y-p-e-s -o-f -l-u-p-u-s-: -s-y-s-t-e-m-i-c -l-u-p-u-s-, -a -s-e-r-i-o-u-s -f-o-r-m -o-f -t-h-e -d-i-s-e-a-s-e -t-h-a-t -a-f-f-e-c-t-s -m-a-n-y -p-a-r-t-s -o-f -t-h-e -b-o-d-y-; -d-i-s-c-o-i-d -l-u-p-u-s-, -a -f-o-r-m -o-f -t-h-e -d-i-s-e-a-s-e -t-h-a-t -a-f-f-e-c-t-s -m-a-i-n-l-y -t-h-e -s-k-i-n-; -a-n-d -d-r-u-g-- -i-n-d-u-c-e-d -l-u-p-u-s -c-a-u-s-e-d -b-y -c-e-r-t-a-i-n -m-e-d-i-c-a-t-i-o-n-s-; -(-4-) -l-u-p-u-s -c-a-n -b-e -f-a-t-a-l -i-f -n-o-t -d-e-t-e-c-t-e-d -a-n-d -t-r-e-a-t-e-d -e-a-r-l-y-; -(-5-) -t-h-e -d-i-s-e-a-s-e -c-a-n -s-i-m-u-l-t-a-n-e-o-u-s-l-y -a-f-f-e-c-t -v-a-r-i-o-u-s -a-r-e-a-s -o-f -t-h-e -b-o-d-y-, -s-u-c-h -a-s -t-h-e -s-k-i-n-, -j-o-i-n-t-s-, -k-i-d-n-e-y-s-, -a-n-d -b-r-a-i-n-, -a-n-d -c-a-n -b-e -d-i-f-f-i-c-u-l-t -t-o -d-i-a-g-n-o-s-e -b-e-c-a-u-s-e -t-h-e -s-y-m-p-t-o-m-s -o-f -l-u-p-u-s -a-r-e -s-i-m-i-l-a-r -t-o -t-h-o-s-e -o-f -m-a-n-y -o-t-h-e-r -d-i-s-e-a-s-e-s-; -(-6-) -l-u-p-u-s -d-i-s-p-r-o-p-o-r-t-i-o-n-a-t-e-l-y -a-f-f-e-c-t-s -A-f-r-i-c-a-n---A-m-e-r-i-c-a-n -w-o-m-e-n-, -a-s -t-h-e -p-r-e-v-a-l-e-n-c-e -o-f -t-h-e -d-i-s-e-a-s-e -a-m-o-n-g -s-u-c-h -w-o-m-e-n -i-s -3 -t-i-m-e-s -t-h-e -p-r-e-v-a-l-e-n-c-e -a-m-o-n-g -w-h-i-t-e -w-o-m-e-n-, -a-n-d -a-n -e-s-t-i-m-a-t-e-d -1 -i-n -2-5-0 -A-f-r-i-c-a-n-- -A-m-e-r-i-c-a-n -w-o-m-e-n -b-e-t-w-e-e-n -t-h-e -a-g-e-s -o-f -1-5 -a-n-d -6-5 -d-e-v-e-l-o-p-s -t-h-e -d-i-s-e-a-s-e-; -(-7-) -i-t -h-a-s -b-e-e-n -e-s-t-i-m-a-t-e-d -t-h-a-t -o-v-e-r -5-0-0-,-0-0-0 -A-m-e-r-i-c-a-n-s -h-a-v-e -b-e-e-n -d-i-a-g-n-o-s-e-d -w-i-t-h -t-h-e -d-i-s-e-a-s-e-, -a-n-d -t-h-a-t -m-a-n-y -m-o-r-e -h-a-v-e -u-n-d-i-a-g-n-o-s-e-d -c-a-s-e-s-; -(-8-) -c-u-r-r-e-n-t -t-r-e-a-t-m-e-n-t-s -f-o-r -t-h-e -d-i-s-e-a-s-e -c-a-n -b-e -e-f-f-e-c-t-i-v-e-, -b-u-t -m-a-y -l-e-a-d -t-o -d-a-m-a-g-i-n-g -s-i-d-e -e-f-f-e-c-t-s-; -a-n-d -(-9-) -m-a-n-y -v-i-c-t-i-m-s -o-f -t-h-e -d-i-s-e-a-s-e -s-u-f-f-e-r -d-e-b-i-l-i-t-a-t-i-n-g -p-a-i-n -a-n-d -f-a-t-i-g-u-e-, -m-a-k-i-n-g -i-t -d-i-f-f-i-c-u-l-t -t-o -m-a-i-n-t-a-i-n -e-m-p-l-o-y-m-e-n-t -a-n-d -l-e-a-d -n-o-r-m-a-l -l-i-v-e-s-. -S-E-C-. -3-. -E-X-P-A-N-S-I-O-N -A-N-D -I-N-T-E-N-S-I-F-I-C-A-T-I-O-N -O-F -A-C-T-I-V-I-T-I-E-S -R-E-G-A-R-D-I-N-G -L-U-P-U-S-. -S-u-b-p-a-r-t -4 -o-f -p-a-r-t -C -o-f -t-i-t-l-e -I-V -o-f -t-h-e -P-u-b-l-i-c -H-e-a-l-t-h -S-e-r-v-i-c-e -A-c-t -(-4-2 -U-.-S-.-C-. -2-8-5-d -e-t -s-e-q-.-) -i-s -a-m-e-n-d-e-d -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -s-e-c-t-i-o-n -4-4-1 -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -s-e-c-t-i-o-n-: -`-`-l-u-p-u-s -`-`-S-e-c-. -4-4-1-A-. -(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l -e-x-p-a-n-d -a-n-d -i-n-t-e-n-s-i-f-y -r-e-s-e-a-r-c-h -a-n-d -r-e-l-a-t-e-d -a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -I-n-s-t-i-t-u-t-e -w-i-t-h -r-e-s-p-e-c-t -t-o -l-u-p-u-s-. -`-`-(-b-) -C-o-o-r-d-i-n-a-t-i-o-n -W-i-t-h -O-t-h-e-r -I-n-s-t-i-t-u-t-e-s-.----T-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l -c-o-o-r-d-i-n-a-t-e -t-h-e -a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -D-i-r-e-c-t-o-r -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-) -w-i-t-h -s-i-m-i-l-a-r -a-c-t-i-v-i-t-i-e-s -c-o-n-d-u-c-t-e-d -b-y -t-h-e -o-t-h-e-r -n-a-t-i-o-n-a-l -r-e-s-e-a-r-c-h -i-n-s-t-i-t-u-t-e-s -a-n-d -a-g-e-n-c-i-e-s -o-f -t-h-e -N-a-t-i-o-n-a-l -I-n-s-t-i-t-u-t-e-s -o-f -H-e-a-l-t-h -t-o -t-h-e -e-x-t-e-n-t -t-h-a-t -s-u-c-h -I-n-s-t-i-t-u-t-e-s -a-n-d -a-g-e-n-c-i-e-s -h-a-v-e -r-e-s-p-o-n-s-i-b-i-l-i-t-i-e-s -t-h-a-t -a-r-e -r-e-l-a-t-e-d -t-o -l-u-p-u-s-. -`-`-(-c-) -P-r-o-g-r-a-m-s -f-o-r -L-u-p-u-s-.----I-n -c-a-r-r-y-i-n-g -o-u-t -s-u-b-s-e-c-t-i-o-n -(-a-)-, -t-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l -c-o-n-d-u-c-t -o-r -s-u-p-p-o-r-t -r-e-s-e-a-r-c-h -t-o -e-x-p-a-n-d -t-h-e -u-n-d-e-r-s-t-a-n-d-i-n-g -o-f -t-h-e -c-a-u-s-e-s -o-f-, -a-n-d -t-o -f-i-n-d -a -c-u-r-e -f-o-r-, -l-u-p-u-s-. -A-c-t-i-v-i-t-i-e-s -u-n-d-e-r -s-u-c-h -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -i-n-c-l-u-d-e -r-e-s-e-a-r-c-h -t-o -d-e-t-e-r-m-i-n-e -t-h-e -r-e-a-s-o-n-s -u-n-d-e-r-l-y-i-n-g -t-h-e -e-l-e-v-a-t-e-d -p-r-e-v-a-l-e-n-c-e -o-f -t-h-e -d-i-s-e-a-s-e -a-m-o-n-g -A-f-r-i-c-a-n---A-m-e-r-i-c-a-n -a-n-d -o-t-h-e-r -w-o-m-e-n-. -A-c-t-i-v-i-t-i-e-s -u-n-d-e-r -s-u-c-h -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -p-r-o-v-i-d-e -f-o-r -a-n -e-x-p-a-n-s-i-o-n -a-n-d -i-n-t-e-n-s-i-f-i-c-a-t-i-o-n -o-f -t-h-e -c-o-n-d-u-c-t -a-n-d -s-u-p-p-o-r-t -o-f--- -`-`-(-1-) -b-a-s-i-c -r-e-s-e-a-r-c-h -c-o-n-c-e-r-n-i-n-g -t-h-e -e-t-i-o-l-o-g-y -a-n-d -c-a-u-s-e-s -o-f -l-u-p-u-s-; -`-`-(-2-) -e-p-i-d-e-m-i-o-l-o-g-i-c-a-l -s-t-u-d-i-e-s -t-o -a-d-d-r-e-s-s -t-h-e -f-r-e-q-u-e-n-c-y -a-n-d -n-a-t-u-r-a-l -h-i-s-t-o-r-y -o-f -t-h-e -d-i-s-e-a-s-e -a-n-d -t-h-e -d-i-f-f-e-r-e-n-c-e-s -a-m-o-n-g -t-h-e -s-e-x-e-s -a-n-d -a-m-o-n-g -r-a-c-i-a-l -a-n-d -e-t-h-n-i-c -g-r-o-u-p-s -w-i-t-h -r-e-s-p-e-c-t -t-o -t-h-e -d-i-s-e-a-s-e-; -`-`-(-3-) -t-h-e -d-e-v-e-l-o-p-m-e-n-t -o-f -i-m-p-r-o-v-e-d -s-c-r-e-e-n-i-n-g -t-e-c-h-n-i-q-u-e-s-; -`-`-(-4-) -c-l-i-n-i-c-a-l -r-e-s-e-a-r-c-h -f-o-r -t-h-e -d-e-v-e-l-o-p-m-e-n-t -a-n-d -e-v-a-l-u-a-t-i-o-n -o-f -n-e-w -t-r-e-a-t-m-e-n-t-s-, -i-n-c-l-u-d-i-n-g -n-e-w -b-i-o-l-o-g-i-c-a-l -a-g-e-n-t-s-; -a-n-d -`-`-(-5-) -i-n-f-o-r-m-a-t-i-o-n -a-n-d -e-d-u-c-a-t-i-o-n -p-r-o-g-r-a-m-s -f-o-r -h-e-a-l-t-h -c-a-r-e -p-r-o-f-e-s-s-i-o-n-a-l-s -a-n-d -t-h-e -p-u-b-l-i-c-. -`-`-(-d-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f -A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----F-o-r -t-h-e -p-u-r-p-o-s-e -o-f -c-a-r-r-y-i-n-g -o-u-t -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -$-2-0-,-0-0-0-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4-, -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -e-a-c-h -o-f -t-h-e -f-i-s-c-a-l -y-e-a-r-s -1-9-9-4 -t-h-r-o-u-g-h -1-9-9-6-. -T-h-e -a-u-t-h-o-r-i-z-a-t-i-o-n -o-f -a-p-p-r-o-p-r-i-a-t-i-o-n-s -e-s-t-a-b-l-i-s-h-e-d -i-n -t-h-e -p-r-e-c-e-d-i-n-g -s-e-n-t-e-n-c-e -i-s -i-n -a-d-d-i-t-i-o-n -t-o -a-n-y -o-t-h-e-r -a-u-t-h-o-r-i-z-a-t-i-o-n -o-f -a-p-p-r-o-p-r-i-a-t-i-o-n-s -t-h-a-t -i-s -a-v-a-i-l-a-b-l-e -f-o-r -s-u-c-h -p-u-r-p-o-s-e-.-'-'-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Lupus Research Amendments of 1994''. SEC. 2. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING LUPUS. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by inserting after section 441 the following new section: ``lupus ``Sec. 441A. (a) In General.--The Director of the Institute shall conduct lupus research and related activities. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to lupus. ``(c) Programs for Lupus.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus. Activities under such subsection shall provide for the conduct and support of-- ``(1) research to determine the reasons for the elevated prevalence of the disease in women, including African American women; ``(2) basic research concerning the etiology and causes of lupus; ``(3) epidemiological studies to address the frequency and natural history of the disease and the differences among the sexes and among racial and ethnic groups with respect to the disease; ``(4) the development of improved diagnostic techniques; ``(5) clinical research for the development and evaluation of new treatments, including new biological agents; ``(6) information and education programs for health care professionals and the public; and ``(7) other relevant activities.''.

Summary: Lupus Research Amendments of 1994 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to conduct lupus research and related activities. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tampering of Prescription Pills Act of 2015''. SEC. 2. ABUSE-DETERRENT TECHNOLOGY. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `abuse-deterrent drug' means a drug that-- ``(1) contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; ``(2) has been formulated for oral administration; and ``(3)(A) exhibits physicochemical properties (demonstrated by in vitro, in vivo, or other testing, or some combination thereof, as determined appropriate by the Secretary) that make product manipulation significantly more difficult or ineffective in altering the characteristics of the drug for purposes of misuse or abuse when compared to drugs without such properties; or ``(B) contains one or more additional active or inactive ingredients that are intended to deter abuse through potential pharmacological effects, the effectiveness of which has been demonstrated by at least one adequate and well-controlled investigation.''. (b) Required Information in Application for Approval of Brand Name Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the end the following: ``(7) Abuse-deterrent drugs.--If an application submitted under this subsection is potentially subject to refusal under subsection (d)(7), the application shall include such information as the Secretary determines necessary to demonstrate that the application is not subject to such refusal.''. (c) Approval of New Brand Name Drugs.--Section 505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended-- (1) by inserting ``(7)(A) such drug has been formulated for oral administration; (B) such drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (C) such drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that (i) contains the same active moiety; (ii) is an abuse-deterrent drug, and (iii) has not been discontinued from marketing; or'' after ``(6) the application failed to contain the patent information prescribed by subsection (b); or''; (2) by striking ``(7) based on fair'' and inserting ``(8) based on fair''; (3) by striking ``clauses (1) through (6)'' and inserting ``paragraphs (1) through (7)''; and (4) by inserting ``The Secretary may issue an order approving an application, even if paragraph (7) applies, upon a finding that paragraphs (1) through (6) and paragraph (8) do not apply and that such approval is necessary either to prevent or alleviate a drug shortage or to otherwise address a significant unmet public health need.'' before ``As used in this subsection and subsection (e)''. (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A)-- (i) in clause (vii), by striking ``and'' at the end; (ii) in clause (viii), by striking the period at the end and inserting ``; and''; (iii) by inserting after clause (viii) the following: ``(ix) if the listed drug is an abuse-deterrent drug due to its physicochemical properties, information from comparative in vitro, in vivo, or other testing, or some combination thereof, as appropriate based on the type of data submitted for the listed drug, that demonstrates the new drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug.''; and (iv) in the continuation text at the end of the subparagraph, by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (ix)''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) that the listed drug is an abuse-deterrent drug and one or more of the new drug's active moieties differ in any material respect (in amount or otherwise) from those of the listed drug.''; (2) in paragraph (5), by adding at the end the following: ``(G) If a drug has been approved pursuant to an application submitted under paragraph (2), and thereafter the listed drug referred to in the application becomes an abuse- deterrent drug, the drug so approved shall not be considered to be bioequivalent to, or to have the same therapeutic effect as, the listed drug (as described in paragraph (2)(A)(iv)) unless and until the drug so approved has been found by the Secretary to meet the requirements of paragraph (2)(A)(ix).''; and (3) in paragraph (6)-- (A) by striking ``(6) If a drug'' and inserting ``(6)(A) If a drug''; (B) by striking ``(A) for the'' and inserting ``(i) for the''; (C) by striking ``(B) if the'' and inserting ``(ii) if the''; and (D) by adding at the end the following: ``(B) For purposes of this paragraph and paragraph (7)(C), a withdrawal or suspension of a drug formulated for oral administration shall be considered to have been for safety or effectiveness reasons if-- ``(i) the approval of a listed drug, which is not an abuse-deterrent drug, is withdrawn or suspended, or a listed drug, which is not an abuse-deterrent drug, is withdrawn from sale; and ``(ii) the Secretary has previously approved pursuant to an application under subsection (b) a drug that-- ``(I) is in the same dosage form; ``(II) contains the same controlled substance as an active moiety; ``(III) is an abuse-deterrent drug; and ``(IV) has not been discontinued from marketing.''. (e) Withdrawal of Previously Approved Brand Name and Generic Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(e)) is amended-- (1) by inserting ``or (6)(A) the drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (B) the drug is formulated for oral administration; (C) the drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that contains the same active moiety, is an abuse-deterrent drug, and has not been discontinued from marketing'' before ``: Provided,''; and (2) by adding at the end the following: ``The Secretary may waive the application of paragraph (6) of the first sentence of this subsection in the case of a drug intended for use in a special needs population. In withdrawing (under paragraph (6) of the first sentence of this subsection) the approval of an application with respect to any drug, the Secretary shall, on a case-by-case basis, delay the effective date of such withdrawal for a period deemed sufficient by the Secretary to give the sponsor an opportunity to obtain approval under this section for a formulation of the drug meeting the criteria described in paragraph (2) of the definition of a''abuse-deterrent drug`` in section 201(ss).''. (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(D) Beginning 60 days after the date of the enactment of the Stop Tampering of Prescription Pills Act of 2015, the Secretary shall-- ``(i) include in the list under subparagraph (A) a list of each drug or category of drugs which the Secretary has found to be abuse-deterrent drugs; and ``(ii) update the list under subparagraph (A)-- ``(I) to remove from the list of abuse- deterrent drugs any drug the Secretary later determines is not an abuse-deterrent drug; and ``(II) as required by subparagraph (C) to reflect the application of paragraph (6)(B) to drugs that are withdrawn or suspended.''.

Summary: Stop Tampering of Prescription Pills Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to deny approval to a new oral opioid (a drug with effects similar to opium, such as morphine) that does not have properties that make the drug significantly more difficult to abuse if an abuse-deterrent drug containing the same opioid is available. The FDA may approve an opioid drug that is not abuse-deterrent if approval is necessary to prevent or alleviate a drug shortage or to address a significant unmet public health need. To be approved by the FDA, a generic version of an abuse-deterrent brand name drug must be at least comparably abuse-deterrent and its active components must not differ in any material respect from the brand name drug. An approved generic drug is not bioequivalent to, and does not have the same therapeutic effect as, a brand name drug that becomes abuse-deterrent unless the generic drug is at least comparably abuse-deterrent. Approval of a generic oral opioid is withdrawn if the brand name drug is not abuse-deterrent and not available and there is an approved abuse-deterrent drug available that contains the same opioid in the same dose. Approval of an oral opioid is withdrawn if the drug is not abuse-deterrent and there is an approved abuse-deterrent drug available that contains the same opioid. Withdrawal of approval may be waived by the FDA for a drug intended for a special needs population. The FDA must delay withdrawal to give the drug sponsor an opportunity to obtain approval for an abuse-deterrent formulation of the drug.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Environment and Property Act of 2015''. SEC. 2. NAVIGABLE WATERS. (a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include (including by regulation)-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States. ``(C) EPA and corps activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(D) Aggregation; wetlands.-- ``(i) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of subparagraph (B) shall not be used to determine or assert Federal jurisdiction. ``(ii) Wetlands.--Wetlands described in subparagraph (B)(iii) shall not be considered to be under Federal jurisdiction. ``(E) Judicial review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(F) Treatment of ground water.--Ground water shall-- ``(i) be considered to be State water; and ``(ii) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. ``(G) Prohibition on use of nexus test.-- Notwithstanding any other provision of law, the Administrator may not use a significant nexus test (as used by EPA in the proposed document listed in section 3(a)(1)) to determine Federal jurisdiction over navigable waters and waters of the United States.''. (b) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (2) The proposed rule of the Environmental Protection Agency entitled ``Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of `Waters of the United States''' (68 Fed. Reg. 1991 (January 15, 2003)). (3) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' (December 2, 2008) (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). (4) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the term ``navigable waters'' or ``waters of the United States''. (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. SEC. 4. STATE REGULATION OF WATER. Nothing in this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of navigable waters or waters of the United States diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the agency. (c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.

Summary: Defense of Environment and Property Act of 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to specify the types of water bodies that are "navigable waters" and therefore fall under the scope of the Act. Groundwater is considered to be state water. Activities carried out by the Environmental Protection Agency (EPA) or the U.S. Army Corps of Engineers may not impinge upon states' power over land and water use. States or individual property owners may obtain judicial review of jurisdictional determinations by the EPA or the Army Corps that would affect their ability to plan the development and use of land and water resources within 30 days after a determination. The EPA may not use a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. The following rules are nullified: (1) the Army Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers," (2) the EPA's proposed rule entitled "Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States,'" (3) the guidance document entitled "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States" (relating to the definition of waters under the jurisdiction of the Clean Water Act), and (4) any subsequent regulation or guidance issued by federal agencies that defines or interprets the term "navigable waters." The Army Corps and the EPA may not promulgate rules or issue guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Federal agencies must obtain the consent of private property owners prior to entering their land to collect information about navigable waters. Federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property must pay the affected property owner an amount equal to twice the value of the loss. Until the landowners have been compensated, such a regulation will have no force or effect.


SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Grow Research Opportunities With Taxcredits' Help Act'' or ``GROWTH Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXTENSION OF RESEARCH CREDIT; INCREASE IN ALTERNATIVE SIMPLIFIED RESEARCH CREDIT. (a) Extension of Credit.-- (1) In general.--Subparagraph (B) of section 41(h)(1) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2010''. (2) Conforming amendment.--Subparagraph (D) of section 45C(b)(1) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2010''. (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2009. (b) Alternative Simplified Research Credit Increased.-- (1) Increased credit.--Paragraph (5) of section 41(c) (relating to election of alternative simplified credit) is amended-- (A) by striking ``14 percent (12 percent in the case of taxable years ending before January 1, 2009)'' in subparagraph (A) and inserting ``20 percent'', and (B) by striking ``6 percent'' in subparagraph (B)(ii) and inserting ``10 percent''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. MODIFICATION OF RESEARCH CREDIT AFTER 2010. (a) Simplified Credit for Qualified Research Expenses.--Subsection (a) of section 41 is amended to read as follows: ``(a) General Rule.-- ``(1) Credit determined.--For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. ``(2) Special rule in case of no qualified research expenses in any of 3 preceding taxable years.-- ``(A) Taxpayers to which paragraph applies.--The credit under this section shall be determined under this paragraph if the taxpayer has no qualified research expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. ``(B) Credit rate.--The credit determined under this paragraph shall be equal to 10 percent of the qualified research expenses for the taxable year.''. (b) Conforming Amendments.-- (1) Termination of base amount calculation.--Section 41 is amended by striking subsection (c) and redesignating subsection (d) as subsection (c). (2) Termination of basic research payment calculation.-- Section 41 is amended by striking subsection (e) and redesignating subsections (f) and (g) as subsections (d) and (e), respectively. (3) Special rules.-- (A) Paragraph (1)(A)(ii) of subsection (d) of section 41, as so redesignated, is amended by striking ``shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums,'' and inserting ``share of the qualified research expenses''. (B) Paragraph (1)(B)(ii) of section 41(d), as so redesignated, is amended by striking ``shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums,'' and inserting ``share of the qualified research expenses''. (C) Paragraph (3) of section 41(d), as so redesignated, is amended-- (i) by striking ``, and the gross receipts of the taxpayer'' and all that follows in subparagraph (A) and inserting a period, (ii) by striking ``, and the gross receipts of the taxpayer'' and all that follows in subparagraph (B) and inserting a period, and (iii) by striking subparagraph (C). (D) Paragraph (4) of section 41(d), as so redesignated, is amended by striking ``and gross receipts''. (E) Subsection (d) of section 41, as so redesignated, is amended by striking paragraph (6). (4) Permanent extension.-- (A) Section 41 is amended by striking subsection (h). (B) Paragraph (1) of section 45C(b) is amended by striking subparagraph (D). (5) Cross-references.-- (A) Paragraphs (2)(A) and (4) of section 41(b) are each amended by striking ``subsection (f)(1)'' and inserting ``subsection (d)(1)''. (B) Paragraph (2) of section 45C(c) is amended by striking ``base period research expenses'' and inserting ``average qualified research expenses''. (C) Paragraph (3) of section 45C(d) is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (D) Paragraph (2) of section 45G(e) is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (E) Subsection (g) of section 45O is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (F) Subparagraph (A) of section 54(l)(3) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (G) Clause (i) of section 170(e)(4)(B) is amended to read as follows: ``(i) the contribution is to a qualified organization,''. (H) Paragraph (4) of section 170(e) is amended by adding at the end the following new subparagraph: ``(E) Qualified organization.--For purposes of this paragraph, the term `qualified organization' means-- ``(i) any educational organization which-- ``(I) is an institution of higher education (within the meaning of section 3304(f)), and ``(II) is described in subsection (b)(1)(A)(ii), or ``(ii) any organization not described in clause (i) which-- ``(I) is described in section 501(c)(3) and is exempt from tax under section 501(a), ``(II) is organized and operated primarily to conduct scientific research, and ``(III) is not a private foundation.''. (I) Subsection (f) of section 197 is amended by striking ``section 41(f)(1)'' each place it appears in paragraphs (1)(C) and (9)(C)(i) and inserting ``section 41(d)(1)''. (J) Section 280C is amended-- (i) by striking ``41(f)'' each place it appears in subsection (b)(3) and inserting ``41(d)'', (ii) by striking ``or basic research expenses (as defined in section 41(e)(2))'' in subsection (c)(1), (iii) by striking ``section 41(a)(1)'' in subsection (c)(2)(A) and inserting ``section 41(a)'', and (iv) by striking ``or basic research expenses'' in subsection (c)(2)(B). (K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (L) Subparagraph (D) of section 936(j)(5) is amended by striking ``section 41(f)(3)'' and inserting ``section 41(d)(3)''. (M) Clause (i) of section 965(c)(2)(C) is amended by striking ``section 41(f)(3)'' and inserting ``section 41(d)(3)''. (N) Clause (i) of section 1400N(l)(7)(B) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (c) Technical Corrections.--Section 409 is amended-- (1) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (b)(1)(A), (2) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984'' after ``relating to the employee stock ownership credit'' in subsection (b)(4), (3) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (i)(1)(A), (4) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (m), (5) by inserting ``(as so in effect)'' after ``section 48(n)(1)'' in subsection (m), (6) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 48(n)'' in subsection (q)(1), and (7) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41'' in subsection (q)(3). (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Technical corrections.--The amendments made by subsection (c) shall take effect on the date of the enactment of this Act.

Summary: Grow Research Opportunities With Taxcredits' Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) extend the tax credit for increasing research activities through 2010; (2) modify the rate of such credit and make such modified credit permanent after 2010; and (3) increase to 20% the rate of the alternative simplified research tax credit after 2010.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Privacy Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Individuals and their families have been harassed and endangered by being persistently followed or chased in a manner that puts them in reasonable fear of bodily injury, and in danger of serious bodily injury or even death, by photographers, videographers, and audio recorders attempting to capture images or other reproductions of their private lives for commercial purposes. (2) The legitimate privacy interests of individuals and their families have been violated by photographers, videographers, and audio recorders who physically trespass in order to capture images or other reproductions of their private lives for commercial purposes, or who do so constructively through intrusive modern visual or auditory enhancement devices, such as powerful telephoto lenses and hyperbolic microphones that enable invasion of private areas that would otherwise be impossible without trespassing. (3) Such harassment and trespass threatens not only professional public persons and their families, but also private persons and their families for whom personal tragedies or circumstances beyond their control create media interest. (4) Federal legislation is necessary to protect individuals and their families from persistent following or chasing for commercial purposes that causes reasonable fear of bodily injury, because such harassment is not directly regulated by applicable Federal, State, and local statutory or common laws, because those laws provide an uneven patchwork of coverage, and because those laws may not cover such activities when undertaken for commercial purposes. (5) Federal legislation is necessary to prohibit and provide proper redress in Federal courts for trespass and constructive trespass using intrusive visual or auditory enhancement devices for commercial purposes, because technological advances such as telephoto lenses and hyperbolic microphones render inadequate existing common law and State and local regulation of such trespass and invasion of privacy. (6) There is no right, under the first amendment to the Constitution of the United States, to persistently follow or chase another in a manner that creates a reasonable fear of bodily injury, to trespass, or to constructively trespass through the use of intrusive visual or auditory enhancement devices. (7) This Act, and the amendments made by this Act, do not in any way regulate, prohibit, or create liability for publication or broadcast of any image or information, but rather use narrowly tailored means to prohibit and create liability for specific dangerous and intrusive activities that the Federal Government has an important interest in preventing, and ensure a safe and secure private realm for individuals against intrusion, which the Federal Government has an important interest in ensuring. (8) This Act protects against unwarranted harassment, endangerment, invasion of privacy, and trespass in an appropriately narrowly tailored manner without abridging the exercise of any rights guaranteed under the first amendment to the Constitution of the United States, or any other provision of law. (9) Congress has the affirmative power under section 8 of article I of the Constitution of the United States to enact this Act. (10) Because this Act regulates only conduct undertaken in order to create products intended to be and routinely transmitted, bought, or sold in interstate or foreign commerce, or persons who travel in interstate or foreign commerce in order to engage in regulated conduct, the Act is limited properly to regulation of interstate or foreign commerce. (11) Photographs and other reproductions of the private activities of persons obtained through activities regulated by this Act, and the amendments made by this Act, are routinely reproduced and broadcast in interstate and international commerce. (12) Photographers, videographers, and audio recorders routinely travel in interstate commerce in order to engage in the activities regulated by this Act, and the amendments made by this Act, with the intent, expectation, and routine result of gaining material that is bought and sold in interstate commerce. (13) The activities regulated by this Act, and the amendments made by this Act, occur routinely in the channels of interstate commerce, such as the persistent following or chasing of subjects in an inappropriate manner on public streets and thoroughfares or in airports, and the use of public streets and thoroughfares, interstate and international airports, and travel in interstate and international waters in order to physically or constructively trespass for commercial purposes. (14) The activities regulated by this Act, and the amendments made by this Act, substantially affect interstate commerce by threatening the careers, livelihoods, and rights to publicity of professional public persons in the national and international media, and by thrusting private persons into the national and international media. (15) The activities regulated by this Act, and the amendments made by this Act, substantially affect interstate commerce by restricting the movement of persons who are targeted by such activities and their families, often forcing them to curtail travel or appearances in public spaces, or, conversely, forcing them to travel in interstate commerce in order to escape from abuses regulated by this Act, and the amendments made by this Act. (b) Purposes.--The purposes of this Act are-- (1) to protect individuals and their families against reasonable fear of bodily injury, endangerment, trespass, and intrusions on their privacy due to activities undertaken in connection with interstate and international commerce in reproduction and broadcast of their private activities; (2) to protect interstate commerce affected by such activities, including the interstate commerce of individuals who are the subject of such activities; and (3) to establish the right of private parties injured by such activities, as well as the Attorney General of the United States and State attorneys general in appropriate cases, to bring actions for appropriate relief. SEC. 3. CRIMINAL OFFENSE. (a) In General.--Chapter 89 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1822. Harassment for commercial purposes ``(a) Definitions.--In this section: ``(1) For commercial purposes.-- ``(A) In general.--The term `for commercial purposes' means with the expectation of sale, financial gain, or other consideration. ``(B) Rule of construction.--For purposes of this section, a visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been, captured for commercial purposes unless it was intended to be, or was in fact, sold, published, or transmitted in interstate or foreign commerce, or unless the person attempting to capture such image, recording, or impression moved in interstate or foreign commerce in order to capture such image, recording, or impression. ``(2) Harasses.--The term `harasses' means persistently physically follows or chases a person in a manner that causes the person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes. ``(b) Prohibition and Penalties.--Whoever harasses any person within the United States or the special maritime and territorial jurisdiction of the United States-- ``(1) if death is proximately caused by such harassment, shall be imprisoned not less than 20 years and fined under this title; ``(2) if serious bodily injury is proximately caused by such harassment, shall be imprisoned not less than 5 years and fined under this title; and ``(3) if neither death nor serious bodily injury is proximately caused by such harassment, shall be imprisoned not more than 1 year, fined under this title, or both. ``(c) Cause of Action.--Any person who is legally present in the United States and who is subjected to a violation of this section may, in a civil action against the person engaging in the violation, obtain any appropriate relief, including compensatory damages, punitive damages, and injunctive and declaratory relief. In any civil action or proceeding to enforce a provision of this section, the court shall allow the prevailing party reasonable attorney's fees as part of the costs. In awarding attorney's fees, the court shall include expert fees as part of the attorney's fees. ``(d) Limitation on Defenses.--It is not a defense to a prosecution or civil action under this section that-- ``(1) no image or recording was captured; or ``(2) no image or recording was sold. ``(e) Use of Images.--Nothing in this section may be construed to make the sale, transmission, publication, broadcast, or use of any image or recording of the type or under the circumstances described in this section in any otherwise lawful manner by any person subject to criminal charge or civil liability. ``(f) Limitation.--Only a person physically present at the time of, and engaging or assisting another in engaging in, a violation of this section is subject to criminal charge or civil liability under this section. A person shall not be subject to such charge or liability by reason of the conduct of an agent, employee, or contractor of that person or because images or recordings captured in violation of this section were solicited, bought, used, or sold by that person. ``(g) Law Enforcement Exemption.--The prohibitions of this section do not apply with respect to official law enforcement activities. ``(h) Savings.--Nothing in this section shall be taken to preempt any right or remedy otherwise available under Federal, State or local law.''. (b) Technical Amendment.--The analysis for chapter 89 of title 18, United States Code, is amended by adding at the end the following: ``1822. Harassment for commercial purposes.''. SEC. 4. PERSONAL INTRUSION FOR COMMERCIAL PURPOSES. (a) Definition of For Commercial Purposes.-- (1) In general.--In this section, the term `for commercial purposes' means with the expectation of sale, financial gain, or other consideration. (2) Rule of construction.--For purposes of this section, a visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been, captured for commercial purposes unless it was intended to be, or was in fact, sold, published, or transmitted in interstate or foreign commerce, or unless the person attempting to capture such image, recording, or impression moved in interstate or foreign commerce in order to capture such image, recording, or impression. (b) Trespass for Commercial Purposes and Invasion of Legitimate Interest in Privacy for Commercial Purposes.-- (1) Trespass for commercial purposes.--It shall be unlawful to trespass on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes. (2) Invasion of legitimate interest in privacy for commercial purposes.--It shall be unlawful to capture any type of visual image, sound recording, or other physical impression for commercial purposes of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if-- (A) the subject of the image, sound recording, or other physical impression has a reasonable expectation of privacy with respect to the personal or familial activity captured; and (B) the image, sound recording, or other physical impression could not have been captured without a trespass if not produced by the use of the enhancement device. (c) Cause of Action.--Any person who is legally present in the United States who is subjected to a violation of this section may, in a civil action against the person engaging in the violation, obtain any appropriate relief, including compensatory damages, punitive damages and injunctive and declaratory relief. A person obtaining relief may be either or both the owner of the property or the person whose visual or auditory impression has been captured. In any civil action or proceeding to enforce a provision of this section, the court shall allow the prevailing party reasonable attorney's fees as part of the costs. In awarding attorney's fees, the court shall include expert fees as part of the attorney's fees. (d) Limitation on Defenses.--It is not a defense to an action under this section that-- (1) no image or recording was captured; or (2) no image or recording was sold. (e) Use of Images.--Nothing in this section may be construed to make the sale, transmission, publication, broadcast, or use of any image or recording of the type or under the circumstances described herein in any otherwise lawful manner by any person subject to criminal charge or civil liability. (f) Limitation.--Only a person physically present at the time of, and engaging or assisting another in engaging in, a violation of this section is subject to civil liability under this section. A person shall not be subject to such liability by reason of the conduct of an agent, employee, or contractor of that person, or because images or recordings captured in violation of this section were solicited, bought, used, or sold by that person. (g) Law Enforcement Exemption.--The prohibitions of this section do not apply with respect to official law enforcement activities. (h) Savings.--Nothing in this section shall be taken to preempt any right or remedy otherwise available under Federal, State, or local law. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Summary: Personal Privacy Protection Act - Amends the Federal criminal code to prohibit and set penalties for harassing any person within the United States or the U.S. special maritime and territorial jurisdiction. Defines "harass" to mean persistently physically following or chasing a person in a manner that causes such person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes. Prohibits: (1) trespassing on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes; and (2) capturing any such image, recording, or impression of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if the subject has a reasonable expectation of privacy with respect to the activity captured and if the image, recording, or impression could not have been captured without a trespass if not produced by the use of the enhancement device. Authorizes any person who is legally present in the United States and who is subjected to a violation of this Act to bring a civil action to obtain compensatory and punitive damages and injunctive and declaratory relief. Directs the court to allow the prevailing party reasonable attorney's fees, including expert fees. Specifies that: (1) it shall not be a defense to a prosecution or civil action that no image or recording was captured or sold; and (2) only a person physically present at the time of, and engaging or assisting another in engaging in, a violation is subject to criminal charge or civil liability under this Act. Makes this Act's prohibitions inapplicable to official law enforcement activities.


SECTION 1. FINDINGS. Congress finds the following: (1)(A) Private First Class Franklin Runyon Sousley was born on September 19, 1925, in Hilltop, Kentucky. Sousley served as a marine in the United States Marine Corps during the period beginning on January 5, 1944, and ending March 21, 1945. Sousley graduated from Fleming County High School in May 1943 and chose to enlist in the United States Marine Corps. Upon completion of military basic training, he was assigned to Company E, 2d Battalion, 28th Marines, of the 5th Marines Division at Camp Pendleton, California, as an automatic rifleman. (B) Private Sousley was promoted to a private first class on November 22, 1944. Pfc. Sousley landed on Iwo Jima on Friday, February 19, 1945, and actively fought in the battle for the islands. During the intense fighting, members of the United States Armed Forces secured Mount Suribachi and hoisted a United States flag on top of the summit on February 23, 1945. On February 23, 1945, Pfc. Sousley, alongside Corporal Harlon Block, HM John Bradley, Pfc. Rene Gagnon, Pfc. Ira Hayes, and Sergeant Michael Strank followed orders to raise a larger United States flag so it could be seen over the island. The iconic photograph taken of the six men, while they raised the United States flag attached to a heavy Japanese pipe has led to an immortalized symbol of American bravery, perseverance, and sacrifice endured by members of the United States Armed Forces during the intense battles of World War II. Pfc. Sousley was killed in combat by a Japanese sniper around Kitano Point on March 21, 1945. (C) Originally buried in the 5th Marine Division Cemetery at Iwo Jima in plot 9, row 8, grave 2189, on March 22, 1945, his remains were returned to the United States on May 8, 1947, where he was finally laid to rest at Elizaville Cemetery in Fleming County, Kentucky. Pfc. Sousley was posthumously awarded the Purple Heart, the Combat Action Ribbon, the Presidential Unit Citation with \5/ 16\" Silver Star, the American Campaign Medal, the Asiatic-Pacific Campaign Medal with \3/16\" Bronze Star, and the World War II Victory Medal. (2)(A) Mr. Troy Bowling was born on July 2, 1926, in Hamilton, Ohio and completed his life's service on June, 17, 2017, at the age of 90 years old. At age 17, Mr. Bowling began his service as a United States Marine and was a proud member of the Easy Company, 2nd Battalion, 27th Marines, 5th Division. During the United States campaign to end the war against Japan, Mr. Bowling's unit was among the first to arrive on the beachheads of Iwo Jima. (B) While attempting to secure Mt. Suribachi, his unit came under intense and concentrated fire, completely overwhelming his unit. Two projectiles struck Mr. Bowling in the chest and leg, leaving him critically wounded on the battlefield. At that moment, Mr. Bowling said he looked to the heavens and committed to serving mankind for the rest of his life if he survived. (C) Miraculously, a combat photographer and medical team then carried Mr. Bowling to the safety of a landing craft where he witnessed the planting of the American flag atop Mt. Suribachi--an iconic image that persists as one of the most legendary and triumphant moments of the war. The United States Marines eventually took control of the island; however, this victory came at a heavy cost as more than 6,800 United States service members gave their lives during the battle of Iwo Jima. (D) In keeping faith with his commitment to God made during that battle, Mr. Bowling devoted more than 78,000 hours of volunteer service to others at the Lexington VA Medical Center. For more than 66 years, Mr. Bowling has risen through the ranks within the Disabled American Veterans (DAV) organization, holding nearly every position possible, including State Commander. Mr. Bowling received the George H. Seal Award for outstanding volunteer, which he received at the 2005 National DAV Convention in Las Vegas and the Lifetime Service Achievement Award from the Department of Veteran Affairs. Mr. Bowling was also nominated and selected to be inducted in the Kentucky Veterans Hall of Fame for his lifetime of service to veterans. SEC. 2. LEXINGTON VA HEALTH CARE SYSTEM. (a) Designation.--The health care system of the Department of Veterans Affairs in Lexington, Kentucky, shall after the date of the enactment of this Act be known and designated as the ``Lexington VA Health Care System''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the health care system referred to in subsection (a) shall be deemed to be a reference to the ``Lexington VA Health Care System''. SEC. 3. TROY BOWLING CAMPUS. (a) Designation.--The health care facility of the Department of Veterans Affairs located at 1101 Veterans Drive in Lexington, Kentucky, shall after the date of the enactment of this Act be known and designated as the ``Troy Bowling Campus''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the health care facility referred to in subsection (a) shall be deemed to be a reference to the ``Troy Bowling Campus''. SEC. 4. FRANKLIN R. SOUSLEY CAMPUS. (a) Designation.--The health care facility of the Department of Veterans Affairs located at 2250 Leestown Road in Lexington, Kentucky, shall after the date of the enactment of this Act be known and designated as the ``Franklin R. Sousley Campus''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the health care facility referred to in subsection (a) shall be deemed to be a reference to the ``Franklin R. Sousley Campus''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (Sec. 2) This bill designates the Department of Veterans Affairs: (1) health care system in Lexington, Kentucky, as the "Lexington VA Health Care System," (2) health care facility at 1101 Veterans Drive, Lexington, Kentucky, as the "Troy Bowling Campus," and (3) health care facility at 2250 Leestown Road, Lexington, Kentucky, as the "Franklin R. Sousley Campus."