SECTION 1. SHORT TITLE.

    This Act shall be known as the ``Skill Game Protection Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds as follows:
            (1) Millions of Americans enjoy competing with other
        players in a variety of games of skill, including bridge, mah-
        jong, backgammon, and poker, over the Internet, where the
        operator provides the Internet venue for competition and
        receives a fee for such service.
            (2) For some Americans, these games provide their primary
        source of income.
            (3) While each of these games contains an element of
        chance, over any substantial interval, a player's success at
        any of these games is determined by that player's relative
        level of skill and is widely recognized as such.
            (4) Games where success is predominantly determined by the
        skill of the players involved, as a matter of law and of
        policy, are distinct from the games of chance traditionally
        described and addressed in Federal and State gambling statutes.
            (5) Despite the fact that the language in section 1084 of
        title 18, United States Code, commonly referred to as the
        ``Wire Act'', has been interpreted by Federal courts as
        applying only to betting on sports, some in law enforcement
        interpret the section as prohibiting the acceptance of both
        sports and non-sports betting through a communications device.
            (6) The Federal Government should take appropriate steps to
        ensure that, with respect to skill games--
                    (A) minors are prevented from playing for money;
                    (B) persons with compulsive behavior should be
                identified and referred to treatment;
                    (C) operators of such games should not be
                vulnerable to, or participate in criminal or terrorist
                money laundering; and
                    (D) appropriate taxes are collected.

SEC. 3. CLARIFICATION.

    Section 1084 of title 18, United States Code, is amended by adding
at the end the following new subsection: (f)
    ``(f) As used in this section, the term `bets or wagers' does not
include operating, or participation in, poker, chess, bridge, mahjong
or any other game where success is predominantly determined by a
player's skill, to the extent that--
            ``(1) the game provides for competition only between and
        among participants, and not against the person operating the
        game; and
            ``(2) the operator is in compliance with regulations issued
        pursuant to section 5368 of title 31, United States Code.''.

SEC. 4. SAFEGUARDS.

    (a) In General.--Subchapter IV of chapter 53 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 5368. Games of skill
    ``Before the end of the 180-day period beginning on the date of the
enactment of the Skill Game Protection Act, the Secretary shall
prescribe regulations requiring each person who operates a game of
skill on the Internet to maintain the following:
            ``(1) Appropriate safeguards to ensure that the individual
        participant depositing funds is 18 years of age or older.
            ``(2) Appropriate safeguards to ensure that the individual
        participant is physically located in a jurisdiction that does
        not bar participation in the particular Internet games of skill
        in which the individual participates at the time in the
        individual participates.
            ``(3) Appropriate mechanisms to ensure that all taxes
        relating to Internet games of skill due to Federal and State
        governments and to Indian tribes from individual participants
        are collected as required by at the time of any payment of any
        proceeds of Internet games of skill.
            ``(4) Appropriate safeguards to combat fraud and money
        laundering as may be prescribed by regulations issued by the
        Secretary or a designee of the Secretary.
            ``(5) Appropriate safeguards to combat compulsive
        participation in Internet games of skill.
            ``(6) Appropriate safeguards to protect the privacy and
        security of any person engaged in Internet games of skill.''.
    (b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5367 the following new item:

``5368. Games of skill.''.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Nonapplicability to Games of Skill.--Section 5362(1)(E) of
title 31, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (viii);
            (2) by striking the period at the end of clause (ix) and
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                            ``(x) participation in any activity which
                        does not constitute ``bets or wagers'' within
                        the meaning of section 1084(f) of title 18 and
                        is operated in compliance with the regulations
                        issued pursuant to section 5368.''.
    (b) Nonapplicability to Non-Sports Wagering.--No provision of this
Act, or amendment made by this Act to any other provision of law, shall
be construed as implying that section 1084 of title 18, United States
Code, applies or applied to non-sports wagering before or after the
enactment of this Act.

Summary: Skill Game Protection Act - Amends federal criminal law to exempt from the prohibition against transmission of wagering information the operation or participation in poker, chess, bridge, mahjong or any other game where success is predominantly determined by a player's skill, to the extent that: (1) the game provides for competition only between and among participants, and not against the person operating the game. And (2) the operator is in compliance with federal regulations governing games of skill. Amends federal law governing monetary transactions to instruct the Secretary of the Treasury to prescribe regulations requiring each person who operates a game of skill on the Internet to maintain specified safeguards, including: (1) that the individual participant depositing funds is 18 years of age or older. (2) that the individual participant is physically located in a jurisdiction that does not bar participation in the particular Internet games of skill in which the individual participates. And (3) that all taxes relating to Internet games of skill due to federal and state governments and to Indian tribes from individual participants are collected at the time of any payment of any proceeds of Internet games of skill.

To amend subchapter IV of chapter 53 of title 31, United States Code, and section 1084 of title 18 of such Code to clarify the applicability of such provisions to games of skill, and establish certain requirements with respect to such games, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Government
Improvement and Efficiency Act of 1996''.

SEC. 2. REDUCTION IN MINIMUM NUMBER OF MEMBERS OF BOARD OF TRUSTEES OF
              AMERICAN UNIVERSITY.

    (a) In General.--The first section of the Act entitled ``An Act to
incorporate the American University'', approved February 24, 1893 (27
Stat. 476), is amended by striking ``forty'' and inserting ``twenty-
five''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.

SEC. 3. REPEAL OF APPLICATION OF SERVICE CONTRACT ACT OF 1965 TO
              DISTRICT OF COLUMBIA.

    (a) In General.--The Service Contract Act of 1965 (41 U.S.C. 351 et
seq.) is amended--
            (1) in section 2(a) in the matter preceding paragraph (1),
        by striking ``or the District of Columbia''; and
            (2) in section 7(1), by striking ``or District of
        Columbia''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts of the District of Columbia entered
into on or after the date of the enactment of this Act.

SEC. 4. AUTHORIZING AGREEMENTS BETWEEN DISTRICT OF COLUMBIA AND BUREAU
              OF PRISONS TO ESTABLISH AMOUNT OF PAYMENTS FOR HOUSING
              DISTRICT PRISONERS.

    The undesignated paragraph in the item relating to ``united states
courts'' under the heading ``JUDICIAL'' in the Act of March 3, 1915 (38
Stat. 869, ch. 75; sec. 24-424, D.C. Code) (relating to the cost of the
care and custody of District of Columbia convicts in any Federal
penitentiary) is amended by adding at the end the following new
sentence: ``Notwithstanding the previous sentence or any provision of
title 18, United States Code, to the contrary, with respect to District
of Columbia convicts in any Federal penitentiary during the 5-year
period beginning October 1, 1996, the Mayor of the District of Columbia
and the Director of the Bureau of Prisons may enter into an agreement
waiving the requirements of the previous sentence or establishing an
alternative amount to be charged against the District of Columbia for
such convicts, so long as the Director provides notice of the intent to
enter into the agreement to the Committees on Appropriations, the
Judiciary, and Government Reform and Oversight of the House of
Representatives and the Committees on Appropriations, the Judiciary,
and Governmental Affairs of the Senate not later than 15 days before
entering into the agreement.''.

SEC. 5. EXEMPTION OF CERTAIN CONTRACTS FROM COUNCIL REVIEW.

    (a) In General.--Section 451 of the District of Columbia Self-
Government and Governmental Reorganization Act (sec. 1-1130, D.C.
Code), as amended by section 304(a)(3) of the District of Columbia
Appropriations Act, 1996, is amended by adding at the end the following
new subsection:
    ``(d) Exemption for Certain Contracts.--The requirements of this
section shall not apply with respect to any of the following contracts:
            ``(1) Any contract entered into by the Washington
        Convention Center Authority for preconstruction activities,
        project management, design, or construction.
            ``(2) Any contract entered into by the District of Columbia
        Water and Sewer Authority established pursuant to the Water and
        Sewer Authority Establishment and Department of Public Works
        Reorganization Act of 1996, other than contracts for the sale
        or lease of the Blue Plains Wastewater Treatment Plant.
            ``(3) At the option of the Council, any contract for a
        highway improvement project carried out under title 23, United
        States Code.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into on or after the date of
the enactment of this Act.

SEC. 6. WAIVER OF RESIDENCY REQUIREMENT FOR CERTAIN EMPLOYEES OF
              INSPECTOR GENERAL.

    Section 906 of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (sec. 1-610.6, D.C. Code) is amended--
            (1) in subsection (a), by inserting ``or subsection (d)''
        after ``subsection (c)''; and
            (2) by adding at the end the following new subsection:
    ``(d) At the request of the Inspector General (as described in
section 208(a) of the District of Columbia Procurement Practices Act of
1985), the Director of Personnel may waive the application of
subsections (a) and (b) to employees of the Office of the Inspector
General.''.

SEC. 7. COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION COMMISSION.

    (a) In General.--Effective as if included in the enactment of the
District of Columbia Appropriations Act, 1996, section 434(b)(5) of the
District of Columbia Self-Government and Governmental Reorganization
Act is amended to read as follows:
    ``(5) Members of the Commission shall serve without compensation
for services rendered in connection with their official duties on the
Commission.''.
    (b) Conforming Amendment.--Section 133(b) of the District of
Columbia Appropriations Act, 1996 is hereby repealed, and the provision
of law amended by such section is hereby restored as if such section
had not been enacted into law.

SEC. 8. SHORT TITLE OF HOME RULE ACT.

    (a) In General.--Section 101 of the District of Columbia Self-
Government and Governmental Reorganization Act is amended by striking
``District of Columbia Self-Government and Governmental Reorganization
Act'' and inserting ``District of Columbia Home Rule Act''.
    (b) References in Law.--Any reference in law or regulation to the
District of Columbia Self-Government and Governmental Reorganization
Act shall be deemed to be a reference to the District of Columbia Home
Rule Act.

Summary: District of Columbia Government Improvement and Efficiency Act of 1996 - Reduces the minimum number of members of the Board of Trustees of the American University from 40 to 25. Repeals the application of the Service Contract Act of 1965 with respect to the District of Columbia. Authorizes the Mayor of the District and the Director of the Bureau of Prisons, with respect to District of Columbia convicts in any Federal penitentiary during the five-year period beginning in FY 1997, to enter into an agreement waiving requirements relating to the cost of the care and custody of D. C. convicts in Federal penitentiaries or establishing an alternative amount to be charged against the District for such convicts so long as the Director provides at least 15 days' notice of the intent to enter into the agreement to specified congressional committees. Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from review by the D. C. Council contracts: (1) entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction. (2) entered into by the District of Columbia Water and Sewer Authority, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant. And (3) for Federal highway improvement projects at the option of the Council. Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to allow, at the request of the Inspector General, the Director of Personnel to waive the residency requirement for employees of the Office of the Inspector General. Requires members of the Judicial Nomination Commission to serve without compensation for services rendered in connection with their official duties on the Commission. Renames the District of Columbia Self-Government and Governmental Reorganization Act as the District of Columbia Home Rule Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep Americans Working Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to keep Americans working by
strengthening and expanding short-time compensation programs that
provide employers with an alternative to layoffs.

SEC. 3. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.

    (a) In General.--Section 3306 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(v) Short-time Compensation Program.--For purposes of this
chapter, the term `short-time compensation program' means a program
under which--
            ``(1) the participation of an employer is voluntary;
            ``(2) an employer reduces the number of hours worked by
        employees through certifying that such reductions are in lieu
        of temporary layoffs;
            ``(3) such employees whose workweeks have been reduced by
        at least 10 percent are eligible for unemployment compensation;
            ``(4) the amount of unemployment compensation payable to
        any such employee is a pro rata portion of the unemployment
        compensation which would be payable to the employee if such
        employee were totally unemployed;
            ``(5) such employees are not expected to meet the
        availability for work or work search test requirements while
        collecting short-time compensation benefits, but are required
        to be available for their normal workweek;
            ``(6) eligible employees may participate in an employer-
        sponsored training program to enhance job skills if such
        program has been approved by the State agency;
            ``(7) beginning on the date which is 2 years after the date
        of enactment of this subsection, the State agency shall require
        an employer to certify that continuation of health benefits and
        retirement benefits under a defined benefit pension plan (as
        defined in section 3(35) of the Employee Retirement Income
        Security Act of 1974) is not affected by participation in the
        program;
            ``(8) the State agency shall require an employer (or an
        employer's association which is party to a collective
        bargaining agreement) to submit a written plan describing the
        manner in which the requirements of this subsection will be
        implemented and containing such other information as the
        Secretary of Labor determines is appropriate;
            ``(9) in the case of employees represented by a union, the
        appropriate official of the union has agreed to the terms of
        the employer's written plan and implementation is consistent
        with employer obligations under the National Labor Relations
        Act; and
            ``(10) the program meets such other requirements as the
        Secretary of Labor determines appropriate.''.
    (b) Assistance and Guidance in Implementing Programs.--
            (1) Assistance and guidance.--
                    (A) In general.--In order to assist States in
                establishing, qualifying, and implementing short-time
                compensation programs, as defined in section 3306(v) of
                the Internal Revenue Code of 1986 (as added by
                subsection (a)), the Secretary of Labor (in this
                section referred to as the ``Secretary'') shall--
                            (i) develop model legislative language
                        which may be used by States in developing and
                        enacting short-time compensation programs and
                        shall periodically review and revise such model
                        legislative language;
                            (ii) provide technical assistance and
                        guidance in developing, enacting, and
                        implementing such programs;
                            (iii) establish biannual reporting
                        requirements for States, including number of
                        averted layoffs, number of participating
                        companies and workers, and retention of
                        employees following participation; and
                            (iv) award start-up grants to State
                        agencies under subparagraph (B).
                    (B) Grants.--
                            (i) In general.--The Secretary shall award
                        start-up grants to State agencies that apply
                        not later than September 30, 2010, in States
                        that enact short-time compensation programs
                        after the date of enactment of this Act for the
                        purpose of creating such programs. The amount
                        of such grants shall be awarded depending on
                        the costs of implementing such programs.
                            (ii) Eligibility.--In order to receive a
                        grant under clause (i) a State agency shall
                        meet requirements established by the Secretary,
                        including any reporting requirements under
                        clause (iii). Each State agency shall be
                        eligible to receive not more than one such
                        grant.
                            (iii) Reporting.--The Secretary may
                        establish reporting requirements for State
                        agencies receiving a grant under clause (i) in
                        order to provide oversight of grant funds used
                        by States for the creation of short-time
                        compensation programs.
                            (iv) Funding.--There are appropriated, out
                        of any moneys in the Treasury not otherwise
                        appropriated, to the Secretary, such sums as
                        the Secretary certifies as necessary for the
                        period of fiscal years 2010 and 2011 to carry
                        out this subparagraph.
            (2) Timeframe.--The initial model legislative language
        referred to in paragraph (1)(A) shall be developed not later
        than 60 days after the date of enactment of this Act.
    (c) Reports.--
            (1) Initial report.--Not later than 4 years after the date
        of enactment of this Act, the Secretary shall submit to
        Congress and to the President a report or reports on the
        implementation of this section. Such report or reports shall
        include--
                    (A) a study of short-time compensation programs;
                    (B) an analysis of the significant impediments to
                State enactment and creation of such programs; and
                    (C) such recommendations as the Secretary
                determines appropriate.
            (2) Subsequent reports.--After the submission of the report
        under paragraph (1), the Secretary may submit such additional
        reports on the implementation of short-time compensation
        programs as the Secretary deems appropriate.
            (3) Funding.--There are appropriated, out of any moneys in
        the Treasury not otherwise appropriated, to the Secretary,
        $1,500,000 to carry out this subsection, to remain available
        without fiscal year limitation.
    (d) Conforming Amendments.--
            (1) Internal revenue code of 1986.--
                    (A) Subparagraph (E) of section 3304(a)(4) of the
                Internal Revenue Code of 1986 is amended to read as
                follows:
                    ``(E) amounts may be withdrawn for the payment of
                short-time compensation under a short-time compensation
                program (as defined in section 3306(v));''.
                    (B) Subsection (f) of section 3306 of the Internal
                Revenue Code of 1986 is amended--
                            (i) by striking paragraph (5) (relating to
                        short-term compensation) and inserting the
                        following new paragraph:
            ``(5) amounts may be withdrawn for the payment of short-
        time compensation under a short-time compensation program (as
        defined in subsection (v));'', and
                            (ii) by redesignating paragraph (5)
                        (relating to self-employment assistance
                        program) as paragraph (6).
            (2) Social security act.--Section 303(a)(5) of the Social
        Security Act is amended by striking ``the payment of short-time
        compensation under a plan approved by the Secretary of Labor''
        and inserting ``the payment of short-time compensation under a
        short-time compensation program (as defined in section 3306(v)
        of the Internal Revenue Code of 1986)''.
            (3) Repeal.--Subsections (b) through (d) of section 401 of
        the Unemployment Compensation Amendments of 1992 (26 U.S.C.
        3304 note) are repealed.
    (e) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.

SEC. 4. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION
              PROGRAMS.

    (a) Payments to States With Certified Programs.--
            (1) In general.--Not later than 30 days after the date of
        enactment of this Act, the Secretary shall establish a program
        under which the Secretary shall make payments to any State
        unemployment trust fund to be used for the payment of
        unemployment compensation if the Secretary approves an
        application for certification submitted under paragraph (3) for
        such State to operate a short-time compensation program (as
        defined in section 3306(v) of the Internal Revenue Code of 1986
        (as added by section 3(a))) which requires the maintenance of
        health and retirement employee benefits as described in
        paragraph (7) of such section 3306(v), notwithstanding the
        otherwise effective date of such requirement.
            (2) Full reimbursement.--Subject to subsection (d), the
        payment to a State under paragraph (1) shall be an amount equal
        to 100 percent of the total amount of benefits paid to
        individuals by the State pursuant to the short-time
        compensation program during the period--
                    (A) beginning on the date a certification is issued
                by the Secretary with respect to such program; and
                    (B) ending on September 30, 2011.
            (3) Certification requirements.--
                    (A) In general.--Any State seeking full
                reimbursement under this subsection shall submit an
                application for certification at such time, in such
                manner, and complete with such information as the
                Secretary may require (whether by regulation or
                otherwise), including information relating to
                compliance with the requirements of paragraph (7) of
                such section 3306(v). The Secretary shall, within 30
                days after receiving a complete application, notify the
                State agency of the State of the Secretary's findings
                with respect to the requirements of such paragraph (7).
                    (B) Findings.--If the Secretary finds that the
                short-time compensation program operated by the State
                meets the requirements of such paragraph (7), the
                Secretary shall certify such State's short-time
                compensation program thereby making such State eligible
                for full reimbursement under this subsection.
    (b) Timing of Application Submittals.--No application under
subsection (a)(3) may be considered if submitted before the date of
enactment of this Act or after the latest date necessary (as specified
by the Secretary) to ensure that all payments under this section are
made before September 30, 2011.
    (c) Terms of Payments.--Payments made to a State under subsection
(a)(1) shall be payable by way of reimbursement in such amounts as the
Secretary estimates the State will be entitled to receive under this
section for each calendar month, reduced or increased, as the case may
be, by any amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other method as may
be agreed upon by the Secretary and the State agency of the State
involved.
    (d) Limitations.--
            (1) General payment limitations.--No payments shall be made
        to a State under this section for benefits paid to an
        individual by the State pursuant to a short-time compensation
        program that is in excess of 26 weeks of benefits.
            (2) Employer limitations.--No payments shall be made to a
        State under this section for benefits paid to an individual by
        the State pursuant to a short-time compensation program if such
        individual is employed by an employer--
                    (A) whose workforce during the 3 months preceding
                the date of the submission of the employer's short-time
                compensation plan has been reduced by temporary layoffs
                of more than 20 percent;
                    (B) on a seasonal, temporary, or intermittent
                basis; or
                    (C) engaged in a labor dispute.
            (3) Program payment limitation.--In making any payments to
        a State under this section pursuant to a short-time
        compensation program, the Secretary may limit the frequency of
        employer participation in such program.
    (e) Charging Rule.--Under a short-time compensation program
reimbursed under this section, a State may require short-time
compensation benefits paid to an individual to be charged to a
participating employer regardless of the base period charging rule.
    (f) Retention Requirement.--
            (1) In general.--A participating employer under this
        section is required to comply with the terms of the written
        plan approved by the State agency and act in good faith to
        retain participating employees, and the State shall, in the
        event of any violation, require such employer to repay to the
        State a sum based on the amount expended by the State under the
        program as a result of that violation.
            (2) Oversight and monitoring.--The Secretary shall
        establish an oversight and monitoring process by regulation by
        which State agencies will ensure that participating employers
        comply with the requirements of paragraph (1).
            (3) Penalty remittance.--In the case of any State which
        receives reimbursement under this section, if such State
        determines that a violation of paragraph (1) has occurred, the
        State shall transfer an appropriate amount to the United States
        of the repayment the State required of the employer pursuant to
        such paragraph.
    (g) Funding.--There are appropriated, from time to time, out of any
moneys in the Treasury not otherwise appropriated, to the Secretary,
such sums as the Secretary certifies are necessary to carry out this
section (including to reimburse any additional administrative expenses
incurred by the States in operating such short-time compensation
programs).
    (h) Definition of State.--In this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto Rico, and
the Virgin Islands.

Summary: Keep Americans Working Act - Declares that the purpose of this Act is to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs. Requires the Secretary of Labor to: (1) provide guidance to states in enacting short-term compensation programs. And (2) award start-up grants to state agencies in states that have enacted programs and meet certain requirements. Amends the Internal Revenue Code to define short-time compensation program as one in which: (1) participation of an employer is voluntary. (2) an employer reduces the number of hours worked by employees through certifying that such reductions are in lieu of temporary layoffs. (3) an employee whose workweek that has been reduced by at least 10 is eligible for unemployment compensation. (4) an eligible employee may participate in an employer-sponsored job skills training program. And (5) an employer is required to certify that continuation of employee health and retirement benefits will not be affected by participation in the program. Directs the Secretary to make payments to a state's unemployment compensation trust fund for the payment of unemployment compensation if the Secretary approves a state's application for certification to operate a short-time compensation program that requires the maintenance of health and retirement employee benefits.

A bill to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``EINSTEIN Act of 2015''.

SEC. 2. PROTECTION OF FEDERAL CIVILIAN INFORMATION SYSTEMS.

    (a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following new section:

``SEC. 230. AVAILABLE PROTECTION OF FEDERAL CIVILIAN INFORMATION
              SYSTEMS.

    ``(a) In General.--The Secretary shall deploy, operate, and
maintain, to make available for use by any Federal agency, with or
without reimbursement, capabilities to protect Federal agency
information and Federal civilian information systems, including
technologies to diagnose, detect, prevent, and mitigate against
cybersecurity risks involving Federal agency information or Federal
civilian information systems.
    ``(b) Activities.--In carrying out this section, the Secretary
may--
            ``(1) access, and Federal agency heads may disclose to the
        Secretary or a private entity providing assistance to the
        Secretary under paragraph (2), information traveling to or from
        or stored on a Federal civilian information system, regardless
        of from where the Secretary or a private entity providing
        assistance to the Secretary under paragraph (2) accesses such
        information, notwithstanding any other provision of law that
        would otherwise restrict or prevent Federal agency heads from
        disclosing such information to the Secretary or a private
        entity providing assistance to the Secretary under paragraph
        (2);
            ``(2) enter into contracts or other agreements, or
        otherwise request and obtain the assistance of, private
        entities to deploy, operate, and maintain technologies in
        accordance with subsection (a); and
            ``(3) retain, use, and disclose information obtained
        through the conduct of activities authorized under this section
        only to protect Federal agency information and Federal civilian
        information systems from cybersecurity risks or in furtherance
        of the national cybersecurity and communications integration
        center's authority under the second section 226, or, with the
        approval of the Attorney General and if disclosure of such
        information is not otherwise prohibited by law, to law
        enforcement only to investigate, prosecute, disrupt, or
        otherwise respond to--
                    ``(A) a violation of section 1030 of title 18,
                United States Code;
                    ``(B) an imminent threat of death or serious bodily
                harm;
                    ``(C) a serious threat to a minor, including sexual
                exploitation or threats to physical safety; or
                    ``(D) an attempt, or conspiracy, to commit an
                offense described in any of subparagraphs (A) through
                (C).
    ``(c) Conditions.--Contracts or other agreements under subsection
(b)(2) shall include appropriate provisions barring--
            ``(1) the disclosure of information to any entity other
        than the Department or a Federal agency disclosing information
        in accordance with subsection (b)(1) that can be used to
        identify specific persons and is reasonably believed to be
        unrelated to a cybersecurity risk; and
            ``(2) the use of any information to which such private
        entity gains access in accordance with this section for any
        purpose other than to protect Federal agency information and
        Federal civilian information systems against cybersecurity
        risks or to administer any such contract or other agreement.
    ``(d) Limitation.--No cause of action shall lie in any court
against a private entity for assistance provided to the Secretary in
accordance with this section and a contract or agreement under
subsection (b)(2).
    ``(e) Definition.--The term `cybersecurity risk' has the meaning
given such term in the second section 226 (relating to the national
cybersecurity and communications integration center).''.
    (b) Definitions.--Paragraphs (1) and (2) of the second section 226
of the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the
national cybersecurity and communications integration center) are
amended to read as follows:
            ``(1)(A) except as provided in subparagraph (B), the term
        `cybersecurity risk' means threats to and vulnerabilities of
        information or information systems and any related consequences
        caused by or resulting from unauthorized access, use,
        disclosure, degradation, disruption, modification, or
        destruction of such information or information systems,
        including such related consequences caused by an act of
        terrorism; and
            ``(B) such term does not include any action that solely
        involves a violation of a consumer term of service or a
        consumer licensing agreement;
            ``(2) the term `incident' means an occurrence that actually
        or imminently jeopardizes, without lawful authority, the
        integrity, confidentiality, or availability of information on
        an information system, or actually or imminently jeopardizes,
        without lawful authority, an information system;''.
    (c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by adding at the end the following new
item:

``Sec. 230. Available protection of Federal civilian information
                            systems.''.

Summary: EINSTEIN Act of 2015 Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to deploy, operate, and maintain capabilities to protect federal agency information and federal civilian information systems, including technologies to continuously diagnose, detect, prevent, and mitigate against cybersecurity risks involving such information or systems. Authorizes the DHS Secretary to access, and allows federal agency heads to disclose to the Secretary, information traveling to or from or stored on such systems, regardless of from where the Secretary accesses such information, notwithstanding any law that would otherwise restrict or prevent such disclosures. Authorizes the Secretary to retain, use, and disclose information obtained through such activities only to protect federal agency information and federal civilian information systems from cybersecurity risks or in furtherance of the national cybersecurity and communications integration center's (NCCIC's) authority, or, with DOJ approval and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to: criminal computer fraud, an imminent threat of death or serious bodily harm. A serious threat to a minor, including sexual exploitation or threats to physical safety. Or an attempt or conspiracy to commit any of such offenses. Provides liability protections to private entities authorized to assist the Secretary for such purposes. Redefines for purposes of the NCCIC's cybersecurity functions: (1) quot, cybersecurity riskquot. To exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement, and (2) quot, incidentquot. To include an occurrence that actually or imminently jeopardizes, without lawful authority, an information system, thereby replacing a standard that includes occurrences that constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

EINSTEIN Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Readiness Enhancement Act
of 2010''.

SEC. 2. PURPOSE.

    The purpose of this Act is to institute in the Armed Forces a
policy of nondiscrimination based on sexual orientation.

SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED
              FORCES.

    The following provisions of law are repealed:
            (1) Section 654 of title 10, United States Code.
            (2) Subsections (b), (c), and (d) of section 571 of the
        National Defense Authorization Act for Fiscal Year 1994 (10
        U.S.C. 654 note).

SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL
              ORIENTATION IN THE ARMED FORCES.

    (a) Establishment of Policy.--
            (1) In general.--Chapter 37 of title 10, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 656. Policy of nondiscrimination based on sexual orientation in
              the armed forces
    ``(a) Policy.--The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, may not discriminate on the basis
of sexual orientation against any member of the armed forces or against
any person seeking to become a member of the armed forces.
    ``(b) Discrimination on Basis of Sexual Orientation.--For purposes
of this section, discrimination on the basis of sexual orientation is--
            ``(1) in the case of a member of the armed forces, the
        taking of any personnel or administrative action (including any
        action relating to promotion, demotion, evaluation, selection
        for an award, selection for a duty assignment, transfer, or
        separation) in whole or in part on the basis of sexual
        orientation; and
            ``(2) in the case of a person seeking to become a member of
        the armed forces, denial of accession into the armed forces in
        whole or in part on the basis of sexual orientation.
    ``(c) Personnel and Administrative Policies and Action.--The
Secretary of Defense, and the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a service in the
Navy, may not establish, implement, or apply any personnel or
administrative policy, or take any personnel or administrative action
(including any policy or action relating to promotions, demotions,
evaluations, selections for awards, selections for duty assignments,
transfers, or separations) in whole or in part on the basis of sexual
orientation.
    ``(d) Rules and Policies Regarding Conduct.--Nothing in this
section prohibits the Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, from prescribing or enforcing
regulations governing the conduct of members of the armed forces if the
regulations are designed and applied without regard to sexual
orientation.
    ``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any
person separated from the armed forces on the basis of sexual
orientation in accordance with laws and regulations in effect before
the date of the enactment of this section, if otherwise qualified for
re-accession into the armed forces, shall not be prohibited from re-
accession into the armed forces on the sole basis of such separation.
    ``(f) Sexual Orientation.--In this section, the term `sexual
orientation' means heterosexuality, homosexuality, or bisexuality,
whether the orientation is real or perceived, and includes statements
and consensual sexual conduct that is not otherwise illegal manifesting
heterosexuality, homosexuality, or bisexuality.''.
            (2) Clerical amendments.--The table of sections at the
        beginning of chapter 37 of such title is amended--
                    (A) by striking the item relating to section 654;
                and
                    (B) by adding at the end the following new item:

``656. Policy of nondiscrimination based on sexual orientation in the
                            armed forces.''.
    (b) Conforming Amendments.--Title 10, United States Code, is
amended as follows:
            (1) Section 481 is amended--
                    (A) In subsection (a)(2), by inserting ``,
                including sexual orientation discrimination,'' after
                ``discrimination'' in subparagraphs (C) and (D); and
                    (B) in subsection (c), by inserting ``and sexual
                orientation-based'' after ``gender-based'' both places
                it appears.
            (2) Section 983(a)(1) is amended by striking ``(in
        accordance with section 654 of this title and other applicable
        Federal laws)''.
            (3) Section 1034(i)(3) is amended by inserting ``sexual
        orientation,'' after ``sex,''.

SEC. 5. BENEFITS.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to require the furnishing of dependent benefits in violation
of section 7 of title 1, United States Code (relating to the
definitions of ``marriage'' and ``spouse'' and referred to as the
``Defense of Marriage Act'').

SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to create a private cause of action for damages.

SEC. 7. REVIEW AND IMPLEMENTATION.

    (a) Pentagon Working Group.--
            (1) Establishment.--The Secretary of Defense shall
        establish in the Department of Defense a working group (to be
        known as the ``Pentagon Working Group'') to make
        recommendations to the Secretary regarding the implementation
        of this Act and the amendments made by this Act.
            (2) Treatment of existing working group.--If there exists
        in the Department as of the date of the enactment of this Act a
        working group on recommendations regarding the repeal of
        section 654 of title 10, United States Code, the Secretary may
        treat the working group as the working group required by
        paragraph (1) for purposes of this section.
    (b) Working Group Recommendations.--
            (1) Submittal to secretary of defense.--Not later than 270
        days after the date of the enactment of this Act, the working
        group under subsection (a) shall submit to the Secretary of
        Defense a written report setting forth such recommendations as
        the working group considers appropriate for a revision of
        Department of Defense regulations, or the issuance of new
        regulations, to implement this Act and the amendments made by
        this Act.
            (2) Submittal to congress.--The report under paragraph (1)
        shall also be submitted to the Committees on Armed Services of
        the Senate and the House of Representatives.
    (c) Regulations.--
            (1) Revisions required.--Not later than 60 days after
        receipt of the report required by subsection (b)(1), the
        Secretary of Defense shall revise Department of Defense
        regulations, and shall issue such new regulations as may be
        necessary, to implement this Act and the amendments made by
        this Act. The Secretary of Defense shall further direct the
        Secretary of each military department to revise regulations of
        that military department in accordance with this Act, not later
        than 120 days after the Secretary of Defense receives the
        report required by subsection (b)(1).
            (2) Elements.--The revisions required by paragraph (1)
        shall include the following:
                    (A) Revision of all equal opportunity and human
                relations regulations, directives, and instructions to
                add sexual orientation nondiscrimination to the
                Department of Defense Equal Opportunity policy and to
                related human relations training programs.
                    (B) Revision of Department of Defense and military
                department personnel regulations to eliminate
                procedures for involuntary discharges based on sexual
                orientation.
                    (C) Revision of Department of Defense and military
                department regulations governing victims' advocacy
                programs to include sexual orientation discrimination
                among the forms of discrimination for which members of
                the Armed Forces and their families may seek
                assistance.
                    (D) Revision of any Department of Defense and
                military department regulations as necessary to ensure
                that regulations governing the personal conduct of
                members of the Armed Forces are written and enforced
                without regard to sexual orientation.
    (d) Sexual Orientation Defined.--In this section, the term ``sexual
orientation'' has the meaning given that term in section 656(f) of
title 10, United States Code, as added by section 4(a).

SEC. 8. REPORT.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth an assessment of the compliance of institutions of higher
education with section 983 of title 10, United States Code (as amended
by section 4(b)), and describing the actions, if any, taken by the
Secretary to effect the denial of funds authorized in that section to
an institution of higher education that continues to prohibit, or in
effect prevent, the Secretary or a military department from
maintaining, establishing, or operating a unit of the Senior Reserve
Officers' Training Corps at that institution (or any subelement of that
institution).

Summary: Military Readiness Enhancement Act of 2010 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense (Secretary), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated on the basis of sexual orientation. Directs the Secretary to establish in DOD the Pentagon Working Group to report recommendations regarding the implementation of this Act. Requires such report to be submitted to the congressional defense committees. Requires the Secretary to: (1) revise DOD regulations and issue new regulations as necessary to implement this Act. And (2) direct each military department Secretary to do the same. Directs the Secretary to report on the compliance of institutions of higher education with federal law concerning the denial of access by such institutions to Reserve Officer Training Corps (ROTC) military recruiting on campus, as well as a description of actions taken to effect the denial of certain federal funding to institutions that continue to prevent ROTC access.

A bill to amend title 10, United States Code, to enhance the readiness of the Armed Forces by replacing the current policy concerning homosexuality in the Armed Forces, referred to as "Don't Ask, Don't Tell", with a policy of nondiscrimination on the basis of sexual orientation.


[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3547 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3547

To amend the Federal Food, Drug, and Cosmetic Act to ensure that human
tissue intended for transplantation is safe and effective and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 1993

  Mr. Wyden introduced the following bill; which was referred to the
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

To amend the Federal Food, Drug, and Cosmetic Act to ensure that human
tissue intended for transplantation is safe and effective and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Human Tissue for
Transplantation Act of 1993''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Food, Drug, and Cosmetic Act.

SEC. 2. FINDINGS.

    The Congress finds that reasonable assurance of the safety and
effectiveness of human tissue for transplantation through regulatory
oversight is necessary to protect the public health against the
transmission of infectious disease or the conduct of medical therapy
with human tissue unfit for use.

SEC. 3. DEFINITIONS.

    Section 201 (21 U.S.C. 321) is amended--
            (1) in the first sentence of paragraph (g)(1), by striking
        ``, and (D), and inserting ``, (D)'' and by inserting before
        the period ``, and (E) human tissue in combination with a drug
        as described in clause (A), (B), (C), or (D)'',
            (2) in paragraph (h), by inserting after ``implant,'' the
        following: ``human tissue (other than banked human tissue),'',
        and
            (3) by adding at the end the following:
    ``(gg)(1) The term `tissue' means an aggregate of cells or their
intercellular substance that form a structural material.
    ``(2)(A) The term `banked human tissue' means any tissue--
            ``(i) derived from a human body that is intended for
        administration to a human for the diagnosis, cure, mitigation,
        treatment or prevention of any condition or disease,
            ``(ii) procured, processed, stored, or distributed by
        methods to prevent the transmission of infectious disease and
        to preserve clinical usefulness, and
            ``(iii) not intended to change tissue structure or
        functional characteristics.
    ``(B) Such term does not include--
            ``(i) whole organs, including hearts, kidneys, livers,
        lungs, pancreases, or any other organ containing vasculature
        that carries blood after transplantation,
            ``(ii) blood, blood products, bone marrow, reproductive
        tissue, or human milk, or
            ``(iii) autograft human tissue that is not stored or
        processed during a single surgical procedure.''.
    ``(3) The term `human tissue bank' means a person that procures,
processes, stores, or distributes banked human tissue.''.

SEC. 4. REGULATION OF HUMAN TISSUE BANKS

    Chapter V is amended by adding at the end the following:

                   ``Subchapter D-Human Tissue Banks

                   ``regulation of human tissue banks

    ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the
transmission of infectious disease by the use of banked human tissue,
the Secretary may by regulation require--
            ``(1) the screening of donors of tissue,
            ``(2) the testing of donors of tissue and tissue donated,
        and
            ``(3) recordkeeping by human tissue banks, including
        records that provide a method to track tissue from a donor to a
        recipient and from a recipient to a donor, taking into account
        the privacy interest of donors, donor families, and recipients.
    ``(b) Good Tissue Banking Practice.--The Secretary shall by
regulation establish good tissue banking practices by human tissue
banks which may require--
            ``(1) ascertainment of donor suitability,
            ``(2) recovery of cadaveric or living donor tissue,
            ``(3) tissue screening and acceptance,
            ``(4) validation of the manufacturing, equipment, and
        facilities used for banked human tissue,
            ``(5) finished tissue inspection and control,
            ``(6) inspection for quality control,
            ``(7) investigation of failures involving banked human
        tissue and files of complaints about such failures,
            ``(8) recordkeeping,
            ``(9) assurance of the quality of banked human tissue,
            ``(10) personnel requirements, including a requirement for
        a medical director who is a physician licensed to practice
        medicine in the State in which the bank is located, and
            ``(11) special practices for specific tissues.
    ``(c) Labeling, Advertising, and Promotion.--The Secretary may by
regulation prescribe requirements for the labeling, advertising, and
promotion of banked human tissue by human tissue banks. Such
requirements shall include--
            ``(1) requirements for adequate direction for use, and
            ``(2) information about results from the use of banked
        human tissue according to directions or under customary and
        usual conditions.
    ``(d) Operating Permits.--
            ``(1) In general.--The Secretary shall by regulation
        require human tissue banks to acquire a permit for operation.
        Such a permit may be acquired by a human tissue bank if--
                    ``(A) the human tissue bank has on file with the
                Secretary an application for such permit which
                demonstrates, through supporting documentation, that
                the bank is in compliance with the requirements of
                subsections (a), (b), and (c),
                    ``(B) the human tissue bank has on file with the
                Secretary an application for an exemption from the
                requirements of subsection (a), (b), or (c) and the
                Secretary has approved such application based upon--
                            ``(i) data from well controlled scientific
                        studies designed to provide reasonable
                        assurance that an exemption from such
                        requirements is safe and does not reduce
                        clinical utility, or
                            ``(ii) a determination by the Secretary,
                        after consultation with a Tissue Advisory
                        Committee, that such an exemption does not
                        affect the safety and effectiveness of the
                        operations of such bank, or
                    ``(C) the human tissue bank has on file with the
                Secretary an application for an exemption from the
                requirements of subsection (a), (b), or (c) to
                investigate new or existing standards, methods, or uses
                relating to tissue, such application is submitted with
                a proposed scientific protocol for such investigation,
                and the Secretary has determined that such
                investigation does not affect the safety and
                effectiveness of the operations of such bank and that
                patients of the bank will be protected by a requirement
                of adequate informed consent.
            ``(2) Permits.--The Secretary shall issue an operating
        permit to a human tissue bank if the Secretary determines the
        bank meets the requirements of paragraph (1). Such a permit
        shall identify the tissues banked by the bank and the methods
        of procurement, processing, storage, and distribution of such
        tissue which the Secretary had determined to be safe and
        effective. A permit shall be valid for such period as specified
        by the Secretary but not for more than 3 years.
            ``(3) Amendment.--The Secretary shall allow a human tissue
        bank which has a permit issued under paragraph (2) to amend the
        permit if under the amendment the human tissue bank is still in
        compliance with paragraph (1).
            ``(4) Revocation.--The Secretary shall revoke, in whole or
        in part, a permit of a human tissue bank issued under paragraph
        (2) if the Secretary determines that the bank is operating in a
        manner which is inconsistent with its permit and which places
        the bank out of compliance with paragraph (1).
    ``(e) Registration.--Each human tissue bank, except human tissue
banks that operate solely for research or teaching, shall under
regulations of the Secretary be required to register in accordance with
the requirements of section 510 as made applicable under such
regulations.
    ``(f) Regulations.--The Secretary shall promulgate the regulations
required by subsection (a), (b), (c), (d), and (e) within 5 years of
the date of the enactment of the Human Tissue for Transplantation Act
of 1993 and shall be based on adequate scientific evidence.

                      ``tissue advisory committees

    ``Sec. 546. (a) In General.--The Secretary shall establish a
national advisory committee to be known as the Tissue Advisory
Committee (hereinafter in this section referred to as the `advisory
committee'). The advisory committee shall be established within one
year of the date of the enactment of the Human Tissue for
Transplantation Act of 1993.
    ``(b) Composition.--The advisory committee shall be comprised of
not fewer than 13 or more than 19 individuals who are not officers or
employees of the Federal Government. The Secretary shall make
appointments to the advisory committee from among physicians, other
health care practitioners, and representatives of human tissue bank
consumers and industry groups whose clinical practice, research
specialization, or expertise include a significant focus on tissue
transplantation by human tissue banks.
    ``(c) Functions.--The advisory committee shall--
            ``(1) advise the Secretary on appropriate quality standards
        and regulations for human tissue banks under section 545,
            ``(2) report on new developments concerning tissue
        transplantation,
            ``(3) advise the Secretary on appropriate standards for the
        prevention of infectious disease transmission by banked human
        tissues,
            ``(4) advise the Secretary on appropriate quality standards
        for good tissue banking practices under section 545(b),
            ``(5) advise the Secretary in the development of
        regulations to ensure that adequate directions for use of
        banked human tissues are provided by human tissue banks,
            ``(6) make recommendations in the establishment of
        mechanisms to investigate consumer complaints, and
            ``(7) perform such other activities as the Secretary may
        require.
    ``(d) Meetings.--The advisory committee shall meet not less often
than quarterly during the first 3 years of its operation.
    ``(e) Chairperson.--The Secretary shall appoint the chairperson of
the advisory committee from among members of the advisory committee.''.

SEC. 5. ENFORCEMENT.

    (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended--
            (1) by inserting ``, banked human tissue,'' after ``drug''
        before paragraph (a),
            (2) in paragraphs (a)(2)(B) and (d), by inserting ``or
        banked human tissue'' after ``drug'' each place it occurs,
            (3) by adding at the end the following:
    ``(j)(1) If it is banked human tissue and the materials,
facilities, or controls used for its procurement, processing,
distribution, or storage are not in conformity with the requirements of
section 545(b).
    ``(2) If it is banked human tissue for which an exemption for
investigation use of human tissue has been granted under section
545(d)(1)(D) and the person granted such exemption or any investigator
fails to comply with the requirements of such section.'', and
            (4) in the title to the section, by inserting ``or banked
        human tissue'' after ``drugs.
    (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended--
            (1) by inserting ``, banked human tissue,'' after ``drug''
        before paragraph (a),
            (2) in paragraph (f), the first sentence of paragraph (h),
        and (i), by inserting ``or banked human tissue'' after ``drug''
        each place it occurs
            (3) in paragraph (o), by inserting ``or if an application
        or other information respecting it was not provided as required
        by section 545(d),'' after ``510(e)'',
            (4) by adding at the end the following:
    ``(u)(1) If it is banked human tissue subject to regulation under
section 545(c) unless it bears such labeling as may be required.
    ``(2) If it is a banked human tissue distributed or offered for
sale in any State and its promotion or advertising is false or
misleading in any particular.'', and
            (5) in the title to the section, by inserting ``or banked
        human tissue'' after ``drugs.
    (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended--
            (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by
        inserting ``, banked human tissue'' after ``drug'' each place
        it occurs,
            (2) in paragraph (d), by striking ``404 or 505'' and
        inserting ``404, 505, or 545'',
            (3) in paragraph (j), by inserting ``, 545'' after ``520'',
            (4) in paragraph (p), by striking ``510,'' and inserting
        ``510 or 545(e),'', and
            (5) in paragraphs (q)(2) and (r), by inserting ``or banked
        human tissue'' after ``device''.
    (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by
inserting ``or banked human tissues'' after ``devices''.
    (e) Seizures.--Section 304 (21 U.S.C. 334) is amended--
            (1) in subsections (a)(1) and (d)(1), by inserting ``,
        banked human tissue'' after ``drug'',
            (2) in subsection (a)(1), by striking ``, and (D)'' and
        inserting ``(D) Any adulterated or misbranded banked human
        tissue, and (E)'', and
            (3) in subsection (g)(1), by striking ``or a vehicle, a
        device'' and inserting ``, a vehicle, a device, or banked human
        tissue'' and by inserting after each other occurrence of
        ``device'' the following: ``or banked human tissue''.
    (f) Investigations.--Section 702 (21 U.S.C. 372) is amended--
            (1) in subsection (b), by inserting ``, banked human
        tissue'' after ``drug'', and
            (2) in subsection (d), by inserting ``or banked human
        tissues'' after ``drugs''.
    (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is
amended--
            (1) by inserting ``or banked human tissues'' after
        ``drugs'' each place it occurs, and
            (2) by inserting ``or banked human tissue'' after ``drug''
        each place it occurs.
    (h) Inspections.--Section 704 (21 U.S.C. 374) is amended--
            (1) in subsection (a)(1)(A), by inserting ``, banked human
        tissues'' after ``drugs'' each place it occurs,
            (2) in subsection (a)(1)(B), by inserting ``, banked human
        tissues'' after ``prescription drugs'' each place it occurs,
        and
            (3) in subsection (b), by inserting ``, banked human
        tissue'' after ``drug''.
    (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by
inserting ``, banked human tissues'' after ``drugs''.
    (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a)
is amended by inserting ``or banked human tissue'' after ``device''.
    (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended--
            (1) in the first sentence of subsection (a), by inserting
        ``, banked human tissues'' and ``drugs'',
            (2) in subsection (a)(3), by inserting ``or 545'' after
        ``505'', and
            (3) in subsections (b) and (e)(1), by inserting ``, banked
        human tissue'' after ``drug''.

SEC. 6. FUNDING.

    (a) Imposition.--Each human tissue bank--
            (1) which has a permit issued under section 545(d) shall
        pay a fee for such permit, and
            (2) which is registered under section 545(e) shall pay a
        fee for such registration.
The fees imposed under this subsection are imposed to cover the costs
of the Secretary in the implementation of sections 545 and 546.
    (b) Fee Amount.--The Secretary shall determine the amount of the
fees imposed by subsection (a) on the basis of the gross revenue of the
human tissue bank paying the fee which relates to the procurement,
processing, storage, and distribution of human tissue.
    (c) Crediting and Availability of Fees.--
            (1) In general.--Fees collected for a fiscal year pursuant
        to subsection (a) shall be credited to the appropriation
        account for salaries and expenses of the Secretary and shall be
        available in accordance with appropriation Acts until expended
        without fiscal year limitation.
            (2) Collections.--The fees imposed under subsection (a)--
                    (A) shall be collected in each fiscal year in an
                amount equal to the amount specified in appropriation
                Acts for such fiscal year, and
                    (B) shall only be collected and available to defray
                the costs of implementing sections 545 and 546.
    (d) Effective Date.--The fee authorized by subsection (a)(1) shall
take effect 4 years after the date of the enactment of the Human Tissue
for Transplantation Act of 1993 and the fee authorized by subsection
(a)(2) shall take effect one year after the date of the enactment.

SEC. 7. HUMAN HEART VALVES.

    (a) Enforcement.--The Secretary of Health and Human Services may
not enforce the Secretary's regulation, promulgated on May 13, 1987,
and published at page 18162 of 52 Federal Register, insofar as such
regulation applies to human heart valves.
    (b) Premarket Approval Determination.--The determination of the
Secretary issued June 26, 1991 (56 FR 29177), acting through the Food
and Drug Administration, that human heart valves are replacement heart
valves subject to premarket approval under section 515 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force
and effect.

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Theodore Roosevelt Wildlife Legacy
Act of 1997''.

SEC. 2. MISSION AND PURPOSES OF THE SYSTEM.

    (a) Mission.--The overall mission of the National Wildlife Refuge
System (in this Act referred to as the ``System'') is to preserve a
network of lands and waters for the conservation and management of
fish, wildlife, and plants of the United States for the benefit of
present and future generations.
    (b) Purposes.--The purposes of the System are--
            (1) to conserve, manage, and where appropriate, restore
        fish and wildlife habitats so as to provide, in perpetuity, for
        the diversity of fish, wildlife, and plants and the ecological
        processes that sustain them;
            (2) to provide a diverse national network of lands and
        waters designed to conserve and manage, in perpetuity, fish,
        wildlife, and plants of the United States, and their habitats;
            (3) to conserve and manage migratory birds, endangered
        species, anadromous or interjurisdictional fish species, marine
        mammals, and other fish, wildlife, and plants; and
            (4) to fulfill international treaty obligations of the
        United States with respect to fish, wildlife, and plants, and
        their habitats.

SEC. 3. PRIORITY USES.

    The priority public uses of the System are wildlife observation and
photography, hunting, fishing, and environmental education and
interpretation.

SEC. 4. ADMINISTRATION OF THE SYSTEM.

    In administering the System, the Secretary of the Interior shall--
            (1) ensure that the mission and purposes of the System
        described in section 2 and the purposes of each refuge are
        carried out, except that if a conflict exists between the
        primary purpose of a National Wildlife Refuge and any purpose
        of the System, the conflict shall be resolved in a manner that
        first fulfills the primary purpose of the refuge, and, to the
        extent practicable, also achieves the purposes of the System;
            (2) ensure that opportunities for the uses described in
        section 3 receive priority attention in planning and management
        within the System, consistent with the mission and purposes of
        the System described in sections 2(a) and (b);
            (3) plan, propose, and direct expansion of the System--
                    (A) to accomplish the mission and purposes of the
                System and the purposes of each National Wildlife
                Refuge; and
                    (B) to contribute to the conservation of the
                ecosystems of the United States; and
            (4) inventory and monitor the status and trends of fish,
        wildlife, and plants in each National Wildlife Refuge.

SEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES.

    (a) General Rule.--Except as provided in subsection (b), effective
beginning on the date that is 3 years after the date of enactment of
this Act, the Secretary shall not initiate or permit a new use of a
National Wildlife Refuge or expand, renew, or extend an existing
allowed use unless the Secretary determines that the use is compatible
with the primary purposes of the refuge and the mission and purposes of
the System specified in section 2 of this Act. Such determinations
shall--
            (1) be made in writing, be based on the best available
        scientific information, and represent the best professional
        judgment of the refuge officer involved;
            (2) be made after an opportunity has been provided for the
        public to review and comment on the evaluations;
            (3) where appropriate, be made concurrently with the
        development of a conservation plan for the refuge under section
        6; and
            (4) be reevaluated when conditions under which the use is
        permitted change significantly or when there is significant new
        information regarding the effects of the use, but not less
        frequently than every 10 years.
    (b) Prior Identification for New Acquisitions.--On lands added to
the System after the date of enactment of this Act, the Secretary shall
identify, prior to acquisition, existing compatible priority public
uses (as described in section 3) that shall be permitted to continue on
an interim basis pending completion of comprehensive planning.

SEC. 6. REFUGE CONSERVATION PLANNING PROGRAM.

    (a) General Rule.--Except with respect to National Wildlife Refuge
lands in Alaska (which shall be governed by the refuge planning
provision of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.)), the Secretary shall--
            (1) propose a comprehensive conservation plan for each
        refuge or ecologically related complex of refuges consistent
        with section 2 of this Act within 15 years after the date of
        enactment of this Act and revise such plans not less frequently
        than every 15 years thereafter;
            (2) develop and implement a process to ensure an
        opportunity for active public involvement in the preparation
        and revision of conservation plans; and
            (3) manage each refuge in a manner consistent with the
        conservation plan for the refuge.
    (b) New Refuges.--With respect to any refuge established after the
date of enactment of this Act, the Secretary shall prepare a
conservation plan for the refuge not later than 2 years after the
Secretary has determined that sufficient land has been acquired to
warrant comprehensive planning.

Summary: Theodore Roosevelt Wildlife Legacy Act of 1997 - Declares the mission of the National Wildlife Refuge System to be to preserve a network of lands and waters for the conservation and management of US fish, wildlife, and plants for present and future generations. Establishes as the System's priority public uses: (1) wildlife observation and photography, (2) hunting, (3) fishing. And (4) environmental education and interpretation. Directs the Secretary of the Interior, in administering the System, to: (1) resolve any conflict between the primary purpose of a National Wildlife Refuge and any purpose of the System in a manner that first fulfills the primary purpose of the refuge. (2) plan, propose, and direct System expansion to accomplish the mission and purposes of the System and of each refuge and to contribute to the conservation of US ecosystems. And (3) inventory and monitor the status and trends of fish, wildlife, and plants in each refuge. Prohibits the Secretary, effective three years after enactment of this Act, from initiating or permitting a new use of a refuge or an expansion of an existing allowed use unless such use is compatible with the primary purposes of the refuge and the mission and purposes of the System. Directs the Secretary to: (1) propose within 15 years and revise every 15 years comprehensive conservation plans for each refuge in the System, except refuges in Alaska. (2) develop and implement a process to ensure an opportunity for active public involvement in the preparation and revision of such plans. (3) manage each refuge in a manner consistent with its conservation plan. And (4) prepare a conservation plan for a refuge established after enactment of this Act not later than two years after the Secretary determines that sufficient land has been acquired to warrant comprehensive planning.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Removal of Terrorist Criminal Aliens
Act of 2003''.

SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.

    (a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 238 the
following:

``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.

    ``(a) In General.--The Secretary of Homeland Security, in such
Secretary's discretion, may in the case of an alien described in
subsection (b), determine whether such alien is deportable and issue a
final order of removal pursuant to the procedures set forth in this
section.
    ``(b) Aliens Described.--An alien is described in this subsection
if--
            ``(1) the alien, whether or not admitted into the United
        States, was convicted of any criminal offense described in
        paragraph (2), (3)(B), or (6) of section 237(a) (without regard
        to the date of the commission of the offense); and
            ``(2) the Secretary of Homeland Security, in such
        Secretary's discretion and in consultation with appropriate
        heads of agencies of the executive branch, certifies that the
        alien is engaged in any activity that endangers the national
        security of the United States.
    ``(c) Execution of Order.--
            ``(1) In general.--The Secretary of Homeland Security, in
        such Secretary's discretion, may at any time execute any order
        described in subsection (a), except--
                    ``(A) during the 14-day period commencing after the
                date on which such order is issued, in order that the
                alien has an opportunity to apply for judicial review
                under section 242, unless this subparagraph is waived
                by the alien; or
                    ``(B) if the removal has been stayed under section
                242(f)(2).
            ``(2) Review.--Notwithstanding any other provision of law,
        including section 2241 of title 28, United States Code, no
        court other than a court of appeals pursuant to its
        jurisdiction under section 242 of this Act shall have
        jurisdiction to review or set aside any order, action, or
        decision taken or issued pursuant to this section. Review in
        the court of appeals shall be limited to determining whether
        the petitioner is--
                    ``(A) an alien; and
                    ``(B) subject to a final judgment of conviction for
                an offense described in paragraph (2), (3)(B), or (6)
                of section 237(a).
    ``(d) Regulations.--Proceedings before the Secretary of Homeland
Security under this section shall be in accordance with such
regulations as such Secretary shall prescribe. Such regulations shall
provide that--
            ``(1) the alien shall be given reasonable notice of the
        grounds for removal alleged and of the opportunity described in
        paragraph (3);
            ``(2) the alien shall have the privilege of being
        represented (at no expense to the Government) by such counsel,
        authorized to practice in such proceedings, as the alien shall
        choose;
            ``(3) the alien shall have a reasonable opportunity to
        inspect the evidence and rebut the charges that the alien is
        subject to a final judgment of conviction for an offense
        described in paragraph (2), (3)(B), or (6) of section 237(a);
            ``(4) a determination shall be made on the record that the
        individual upon whom the notice for the proceeding under this
        section is served (either in person or by mail) is, in fact,
        the alien named in such notice;
            ``(5) a record shall be maintained for judicial review; and
            ``(6) the final order of removal may not be adjudicated by
        the same person who issues the charges.
    ``(e) Eligibility for Certain Relief.--No alien described in
subsection (b), regardless of whether the alien is subject to
procedures under this section or to proceedings under section 240,
shall be eligible for withholding under section 241(b)(3) or for any
discretionary relief from removal under the immigration laws of the
United States.''.
    (b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 238 the following:

``238A. Expedited removal of terrorist criminal aliens.''.

SEC. 3. ADDITIONAL REMOVAL AUTHORITIES.

    (a) In General.--Section 241(b) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' each place
                such term appears and inserting ``Secretary of Homeland
                Security'';
                    (B) in each of subparagraphs (A) and (B), by
                striking the period at the end and inserting ``unless,
                in the opinion of the Secretary of Homeland Security,
                removing the alien to such country would be prejudicial
                to the United States.''; and
                    (C) by amending subparagraph (C) to read as
                follows:
                    ``(C) Alternative countries.--If the alien is not
                removed to a country designated in subparagraph (A) or
                (B), the Secretary of Homeland Security may, in such
                Secretary's discretion, remove the alien to--
                            ``(i) the country of which the alien is a
                        citizen, subject, or national, unless the
                        country prevents the alien from entering the
                        country upon the alien's removal there; or
                            ``(ii) any country whose government will
                        accept the alien into that country.''; and
            (2) in paragraph (2)--
                    (A) by striking ``Attorney General'' each place
                such term appears and inserting ``Secretary of Homeland
                Security'';
                    (B) by amending subparagraph (D) to read as
                follows:
                    ``(D) Alternative countries.--If the alien is not
                removed to a country designated under subparagraph
                (A)(i), the Secretary of Homeland Security may, in such
                Secretary's discretion, remove the alien to a country
                of which the alien is a subject, national, or citizen,
                unless--
                            ``(i) the country prevents the alien from
                        entering the country upon the alien's removal
                        there; or
                            ``(ii) in the opinion of the Secretary of
                        Homeland Security, removing the alien to the
                        country would be prejudicial to the United
                        States.''; and
                    (C) by amending subparagraph (E)(vii) to read as
                follows:
                            ``(vii) Any country whose government will
                        accept the alien into that country.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any deportation, exclusion, or removal on or after such date pursuant
to any deportation, exclusion, or removal order, regardless of whether
such order is administratively final before, on, or after such date.

SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY.

    Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)) is amended by adding at the end the following:
                    ``(E) National security.--
                            ``(i) Aliens other than lawful permanent
                        residents.--An alien, other than an alien
                        lawfully admitted for permanent residence,
                        whose presence or activities in the United
                        States the Attorney General or the Secretary of
                        Homeland Security has reason to believe poses
                        or pose a danger to the national security of
                        the United States (as defined in section
                        219(c)(2)), is deportable.
                            ``(ii) Delegation.--Delegation by the
                        Attorney General and the Secretary of Homeland
                        Security of authority to make determinations
                        for the purpose of establishing deportability
                        under this subparagraph shall be limited to the
                        Deputy Attorney General and the Deputy
                        Secretary of Homeland Security, respectively.
                            ``(iii) Best available information.--In
                        making determinations for the purpose of
                        establishing whether an alien is deportable
                        under this subparagraph, the Attorney General
                        or the Deputy Attorney General, and the
                        Secretary of Homeland Security or Deputy
                        Secretary of Homeland Security, may take into
                        account the best available information from the
                        intelligence community, including confidential
                        or national security information, and shall
                        consult with appropriate heads of agencies of
                        the executive branch.
                            ``(iv) Judicial review.--A determination
                        made under this subparagraph shall be affirmed
                        if challenged in Federal court where a facially
                        legitimate and bona fide reason in support of
                        the determination is provided.
                            ``(v) Relief and withholding.--An alien who
                        is deportable under this subparagraph shall not
                        be eligible for any discretionary relief from
                        removal or for withholding of removal under
                        section 241(b)(3). Notwithstanding any other
                        provision of law, including section 2241 of
                        title 28, United States Code, no court shall
                        have jurisdiction to review a denial of relief
                        or withholding made pursuant to this clause.''.

Summary: Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal. Revises provisions respecting countries to which an alien may be removed. Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States.

To strengthen the law enabling the United States to expeditiously remove terrorist criminals, to add flexibility with respect to the places to which aliens may be removed, to give sufficient authority to the Secretary of Homeland Security and the Attorney General to remove aliens who pose a danger to national security, and for other purposes.