SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Television Viewer Privacy Act of
2003''.

SEC. 2. PROTECTION OF PRIVACY OF USERS OF INTERACTIVE VIDEO-RELATED
              SERVICES.

    (a) In General.--An interactive video-related service provider may
not collect, maintain, or disclose any personal viewing information
regarding a subscriber to the service that is personally identifiable,
without the prior written or electronic consent of such subscriber,
except--
            (1) to render, or conduct a legitimate business activity
        related to, the service provided to the subscriber by such
        provider, including billing for such service; or
            (2) as provided in subsection (c) or (d).
    (b) Requirements for Consent.--Consent shall not be considered to
be made by a subscriber, for purposes of this subsection, unless prior
to the writing or electronic communication granting the consent, the
subscriber is provided a separate statement that clearly and
conspicuously informs the subscriber of--
            (1) the nature of personally identifiable information
        collected or to be collected with respect to the subscriber and
        the nature and use of such information;
            (2) the nature, frequency, and purpose of any disclosure
        that may be made of such information, including an
        identification of the types of persons to whom the disclosure
        may be made;
            (3) the period during which such information will be
        maintained by the interactive video-related service provider;
            (4) the limitations provided by this section with respect
        to the collection, maintenance, and disclosure of information
        by an interactive video-related service provider and the
        methods under subsections (f) and (g) by which such limitations
        may be enforced.
If, after a statement referred to in the preceding sentence is provided
to a subscriber, there is any change with respect to any of the
information described in paragraphs (1) through (5), such statement
shall not be sufficient for purposes of this subsection.
    (c) Disclosure Pursuant to Court Order.--An interactive video-
related service provider may disclose such personally identifiable
personal viewing information, to the extent necessary to comply with a
court order authorizing such disclosure to a governmental entity, but
only if--
            (1) the subscriber is notified of such order by the person
        to whom the order is directed; and
            (2) in the proceeding relevant to such court order--
                    (A) such entity offers clear and convincing
                evidence that the subject of the information is
                reasonably suspected of engaging in criminal activity
                and that the information disclosed would be material
                evidence in the case; and
                    (B) the subject of the information is afforded the
                opportunity to appear and contest such entity's claim.
    (d) Right of Subscriber to Access Information.--If personally
identifiable viewing information regarding a subscriber to a service
provided by an interactive video-related service provider is collected,
the subscriber shall have access to such information for as long as
such information is maintained.
    (e) Destruction of Information.--An interactive video-related
service provider shall destroy any personally identifiable personal
viewing information that is collected by the service as soon as such
information is no longer necessary for the purpose for which it was
collected or maintained pursuant to subsection (a) and there are no
pending requests or orders for access to such information under
subsection (d) or pursuant to a court order.
    (f) FTC Enforcement.--
            (1) Unfair or deceptive act.--This section shall be
        enforced by the Federal Trade Commission as if the violation of
        this section were an unfair or deceptive act or practice
        proscribed under section 18(a)(1)(B) of the Federal Trade
        Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Actions by ftc.--The Federal Trade Commission shall
        prevent any person from violating this section in the same
        manner, by the same means, and with the same jurisdiction,
        powers, and duties as though all applicable terms and
        provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
        seq.) were incorporated into and made a part of this section.
        Any entity that violates any provision of this section is
        subject to the penalties and entitled to the privileges and
        immunities provided in the Federal Trade Commission Act in the
        same manner, by the same means, and with the same jurisdiction,
        power, and duties as though all applicable terms and provisions
        of the Federal Trade Commission Act were incorporated into and
        made a part of this section.
            (3) Jurisdiction.--Notwithstanding section 5(a)(2) of the
        Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
        communications common carriers shall be subject to the
        jurisdiction of the Federal Trade Commission for purposes of
        this section.
    (g) Enforcement by States.--
            (1) In general.--In any case in which the attorney general
        of a State has reason to believe that an interest of the
        residents of that State has been or is threatened or adversely
        affected by any interactive video-related service provider who
        violates this section, the State may bring a civil action in a
        United States district court--
                    (A) to enjoin further violation of this section by
                the defendant; or
                    (B) to obtain damages on behalf of residents of the
                State, as provided in paragraph (2).
            (2) Damages, fees, and costs.--In an action under paragraph
        (1)(B), the court may award--
                    (A) actual damages, but not less than liquidated
                damages computed at the rate of $100 a day for each day
                of violation or $1,000, whichever is higher;
                    (B) punitive damages; and
                    (C) reasonable attorneys' fees and other litigation
                costs reasonably incurred.
    (h) Other Remedies.--The remedies provided by this Act shall be in
addition to any other lawful remedy available to a subscriber to an
interactive video-related service.
    (i) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Interactive video-related services provider.--
                    (A) In general.--Except as provided in subparagraph
                (B), the term ``interactive video-related services
                provider'' means any person who has access to personal
                viewing information through--
                            (i) the provision of video programming (as
                        such term is defined in section 602 of the
                        Communications Act of 1934 (47 U.S.C. 522);
                            (ii) services for recording of video
                        programming;
                            (iii) navigation devices, computer
                        software, or information;
                            (iv) converter boxes;
                            (v) interactive communications equipment;
                        or
                            (vi) other equipment that is used by
                        consumers to access multichannel video
                        programming or other services offered through a
                        service providing multichannel video
                        programming.
                    (B) Exception.--Such term shall not include any
                cable operator (as such term is defined in section 602
                of the Communications Act of 1934.
            (2) Legitimate business activity.--The term ``legitimate
        business activity'' means, with respect to an interactive
        video-related service provider, any interaction between a
        consumer and the provider that is necessary to maintain the
        providing of a good or service requested by the consumer,
        including approving, guaranteeing, processing, administering,
        completing, enforcing, providing, or marketing a product,
        service, account, benefit, transaction, or payment method that
        is requested or approved by the consumer.
            (3) Personal viewing information.--The term ``personal
        viewing information'' means, with respect to multichannel video
        programming provided to a person, information regarding the
        video programming that the person views, displays, or records.
            (4) Personally identifiable information.--The term
        ``personally identifiable information'' does not include any
        record of aggregate data that does not identify particular
        persons.
            (5) Video programming.--The term ``video programming'' has
        the meaning given such term in section 602 of the
        Communications Act of 1934.
    (j) Preemption of State Laws.--This section supercedes any statute,
regulation, or rule of a State or political subdivision of a State that
expressly regulates the collection, maintenance, or disclosure of
personal viewing information, regarding multichannel video programming,
that is personally identifiable.

Summary: Television Viewer Privacy Act of 2003 - Prohibits an interactive video-related service provider (provider) from collecting, maintaining, or disclosing any personally identifiable viewing information (information) regarding a subscriber without the prior written or electronic consent of such subscriber, except: (1) to render or conduct a legitimate business activity related to the service provided. (2) pursuant to a court order authorizing disclosure to a governmental entity. Or (3) to such subscriber. Requires, for such consent, that the subscriber be provided a separate statement that clearly and conspicuously informs the subscriber of: (1) the nature of the information collected and its intended use. (2) the nature, frequency, and purpose of any disclosure that may be made. (3) the period during which the information will be maintained by the provider. And (4) required limitations with respect to the collection, maintenance, and disclosure of such information by the provider and the methods by which such limitations may be enforced. Requires a provider to destroy any collected information as soon as it is no longer necessary. Provides for: (1) enforcement through the Federal Trade Commission or by the States, and (2) damages, including actual and punitive damages.

To prohibit the collection, by interactive video-related service providers, of personally identifiable information regarding the viewing choices of subscribers to such services.


SECTION 1. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
              TAXES WITH COLLECTION OF INCOME TAXES.

    (a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding at the end the following new section:

``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
              TAXES WITH COLLECTION OF INCOME TAXES.

    ``(a) General Rule.--Except as otherwise provided in this section--
            ``(1) returns with respect to domestic service employment
        taxes shall be made on a calendar year basis,
            ``(2) any such return for any calendar year shall be filed
        on or before the 15th day of the fourth month following the
        close of the employer's taxable year which begins in such
        calendar year, and
            ``(3) no requirement to make deposits (or to pay
        installments under section 6157) shall apply with respect to
        such taxes.
    ``(b) Domestic Service Employment Taxes Subject to Estimated Tax
Provisions.--
            ``(1) In general.--Solely for purposes of section 6654,
        domestic service employment taxes imposed with respect to any
        calendar year shall be treated as a tax imposed by chapter 2
        for the taxable year of the employer which begins in such
        calendar year.
            ``(2) Annualization.--Under regulations prescribed by the
        Secretary, appropriate adjustments shall be made in the
        application of section 6654(d)(2) in respect of the amount
        treated as tax under paragraph (1).
            ``(3) Transitional rule.--For purposes of applying section
        6654 to a taxable year beginning in 1993, the amount referred
        to in clause (ii) of section 6654(d)(1)(B) shall be increased
        by 90 percent of the amount treated as tax under paragraph (1)
        for such taxable year.
    ``(c) Domestic Service Employment Taxes.--For purposes of this
section, the term `domestic service employment taxes' means--
            ``(1) any taxes imposed by chapter 21 or 23 on remuneration
        paid for domestic service in a private home of the employer,
        and
            ``(2) any amount withheld from such remuneration pursuant
        to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service in a
private home of the employer' does not include service described in
section 3121(g)(5).
    ``(d) Exception Where Employer Liable for Other Employment Taxes.--
To the extent provided in regulations prescribed by the Secretary, this
section shall not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with respect to
remuneration for services other than domestic service in a private home
of the employer.
    ``(e) General Regulatory Authority.--The Secretary shall prescribe
such regulations as may be necessary or appropriate to carry out the
purposes of this section. Such regulations may treat domestic service
employment taxes as taxes imposed by chapter 1 for purposes of
coordinating the assessment and collection of such employment taxes
with the assessment and collection of domestic employers' income taxes.
    ``(f) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
            ``(1) In general.--The Secretary is hereby authorized to
        enter into an agreement with any State to collect, as the agent
        of such State, such State's unemployment taxes imposed on
        remuneration paid for domestic service in a private home of the
        employer. Any taxes to be collected by the Secretary pursuant
        to such an agreement shall be treated as domestic service
        employment taxes for purposes of this section.
            ``(2) Transfers to state account.--Any amount collected
        under an agreement referred to in paragraph (1) shall be
        transferred by the Secretary to the account of the State in the
        Unemployment Trust Fund.
            ``(3) Subtitle f made applicable.--For purposes of subtitle
        F, any amount required to be collected under an agreement under
        paragraph (1) shall be treated as a tax imposed by chapter 23.
            ``(4) State.--For purposes of this subsection, the term
        `State' has the meaning given such term by section
        3306(j)(1).''
    (b) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end thereof the following:

                              ``Sec. 3510. Coordination of collection
                                        of domestic service employment
                                        taxes with collection of income
                                        taxes.''
    (c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years beginning after December
31, 1993.
    (d) Expanded Information to Employers.--The Secretary of the
Treasury or his delegate shall prepare and make available information
on the Federal tax obligations of employers with respect to employees
performing domestic service in a private home of the employer. Such
information shall also include a statement that such employers may have
obligations with respect to such employees under State laws relating to
unemployment insurance and workers compensation.

SEC. 2. THRESHOLD REQUIREMENT FOR SOCIAL SECURITY TAXES.

    (a) Amendments of Internal Revenue Code.--
            (1) Treatment as wages.--Subparagraph (B) of section
        3121(a)(7) of the Internal Revenue Code of 1986 (defining
        wages) is amended to read as follows:
            ``(B) cash remuneration paid by an employer in any calendar
        year to an employee for domestic service in a private home of
        the employer (other than service described in subsection
        (g)(5)), if the cash remuneration paid in such year by the
        employer to the employee for such service is less than the
        applicable dollar threshold (as defined in subsection (y)) for
        such year;''.
            (2) Applicable dollar threshold.--Section 3121 of such Code
        is amended by adding at the end the following new subsection:
    ``(y) Applicable Dollar Threshold for Domestic Employees.--For
purposes of subsection (a)(7)(B), the term `applicable dollar
threshold' means $800. In the case of calendar years after 1994, the
Secretary of Health and Human Services shall adjust such $800 amount at
the same time and in the same manner as under section 215(a)(1)(B)(ii)
of the Social Security Act with respect to the amounts referred to in
section 215(a)(1)(B)(i) of such Act, except that, for purposes of this
subparagraph, 1992 shall be substituted for the calendar year referred
to in section 215(a)(1)(B)(ii)(II) of such Act. If the amount
determined under the preceding sentence is not a multiple of $50, such
amount shall be rounded to the nearest multiple of $50.''
            (3) Employment of domestic employees 16 and under excluded
        from coverage.--Section 3121(b) of such Code (defining
        employment) is amended--
                    (A) by striking ``or'' at the end of paragraph
                (19),
                    (B) by striking the period at the end of paragraph
                (20) and inserting ``; or'', and
                    (C) by adding at the end the following new
                paragraph:
            ``(21) domestic service in a private home of the employer
        performed in any year by an individual 16 and under during any
        portion of such year.''
            (4) Conforming amendments.--The second sentence of section
        3102(a) of such Code is amended--
                    (A) by striking ``calendar quarter'' each place it
                appears and inserting ``calendar year'', and
                    (B) by striking ``$50'' and inserting ``the
                applicable dollar threshold (as defined in section
                3121(y)) for such year''.
    (b) Amendment of Social Security Act.--
            (1) In general.--Subparagraph (B) of section 209(a)(6) of
        the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended to
        read as follows:
            ``(B) Cash remuneration paid by an employer in any calendar
        year to an employee for domestic service in a private home of
        the employer (other than service described in section
        210(f)(5)), if the cash remuneration paid in such year by the
        employer to the employee for such service is less than the
        applicable dollar threshold (as defined in section 3121(y) of
        the Internal Revenue Code of 1986) for such year;''.
            (2) Employment of domestic employees 16 and under excluded
        from coverage.--Section 210(a) of such Act (42 U.S.C. 410(a))
        is amended--
                    (A) by striking ``or'' at the end of paragraph
                (19),
                    (B) by striking the period at the end of paragraph
                (20) and inserting ``; or'', and
                    (C) by adding at the end the following new
                paragraph:
            ``(21) domestic service in a private home of the employer
        performed in any year by an individual 16 and under during any
        portion of such year.''
    (c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years beginning after December
31, 1993.

Summary: Amends the Internal Revenue Code and title II of the Social Security Act to set forth rules for filing returns with respect to domestic service employment taxes and requires such returns to be made on a calendar year basis. Subjects such taxes to estimated tax provisions. Makes filing requirements inapplicable to any employer liable for tax concerning remuneration for services other than domestic service in a private home. Authorizes the Secretary of the Treasury to enter into agreements with States to collect the State unemployment tax imposed on remuneration for domestic service and transfers such amounts to a State's account in the Unemployment Trust Fund. Treats such taxes as domestic service employment taxes. Requires the Secretary to inform domestic service employers in private homes of their tax obligations. Adjusts the threshold for paying and withholding social security taxes on wages paid for domestic service in a private home. Requires the Secretary of Health and Human Services to adjust such threshold amount in the same manner as adjustments to certain social security insurance amounts. Excludes domestic service in a private home by an individual 16 years and under from amendments made by this Act.

To amend the Internal Revenue Code of 1986 and title II of the Social Security Act to simplify employment taxes on domestic services.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Police Creating Accountability by
Making Effective Recording Available Act of 2015'' or the ``Police
CAMERA Act''.

SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

``PART LL--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS

``SEC. 3021. GRANT PROGRAM AUTHORIZED.

    ``(a) In General.--The Assistant Attorney General for the Office of
Justice Programs (in this section referred to as the `Assistant
Attorney General') may make grants to States, units of local
government, and Indian tribes to purchase or lease body-worn cameras
for use by State, local, and tribal law enforcement officers (as
defined in section 2503) and expenses related to the implementation of
a body-worn camera program in order to deter excessive force, improve
accountability and transparency of use of force by law enforcement
officers, assist in responding to complaints against law enforcement
officers, and improve evidence collection.
    ``(b) Duration of Grants.--
            ``(1) In general.--Grants awarded under this part shall be
        2 years in duration.
            ``(2) Disbursement of grant amount.--In disbursing a grant
        awarded to an entity under this section--
                    ``(A) upon awarding the grant to the entity, the
                Assistant Attorney General shall disburse 50 percent of
                the total grant amount to the entity; and
                    ``(B) upon demonstration by the entity of
                completion of the requirements in subsection (d)(1),
                the Assistant Attorney General shall disburse the
                remaining 50 percent of the total grant amount to the
                entity.
    ``(c) Use of Funds.--Grants awarded under this section shall be--
            ``(1) distributed directly to the State, unit of local
        government, or Indian tribe; and
            ``(2) used for--
                    ``(A) the purchase or lease of body-worn cameras
                for law enforcement officers on patrol in the
                jurisdiction of the grantee;
                    ``(B) any costs relating to the implementation of a
                body-worn camera program, including law enforcement
                officer training or the storage or maintenance of data
                collected under a body-worn camera program; or
                    ``(C) implementing policies or procedures to comply
                with the requirements described in subsection (d).
    ``(d) Requirements.--
            ``(1) In general.--The Assistant Attorney General shall
        award a grant under this section to a State, unit of local
        government, or Indian tribe requesting the grant that commits
        to--
                    ``(A) establishing policies and procedures in
                accordance with the requirements described in paragraph
                (2) before law enforcement officers use of body-worn
                cameras;
                    ``(B) adopting data collection and retention
                protocols as described in paragraph (3) before law
                enforcement officers use of body-worn cameras;
                    ``(C) making the policies and protocols described
                in subparagraphs (A) and (B) available to the public;
                and
                    ``(D) complying with the requirements for use of
                data under paragraph (4).
            ``(2) Required policies and procedures.--An entity
        receiving a grant under this section shall--
                    ``(A) develop with community input and publish for
                public view policies and protocols for--
                            ``(i) the safe and effective use of body-
                        worn cameras;
                            ``(ii) the secure storage, handling, and
                        destruction of data collected by body-worn
                        cameras;
                            ``(iii) protecting the privacy rights of
                        any individual who may be recorded by a body-
                        worn camera; and
                            ``(iv) the release of any data collected by
                        a body-worn camera in accordance with the open
                        records laws, if any, of the State; and
                    ``(B) conduct periodic evaluations of the security
                of the storage and handling of the body-worn camera
                data.
            ``(3) Data collection and retention protocol.--The data
        collection and retention protocol described in this paragraph
        is a protocol that--
                    ``(A) requires--
                            ``(i) a law enforcement officer who is
                        wearing a body-mounted camera to provide an
                        explanation if an activity that is required to
                        be recorded by the body-mounted camera is not
                        recorded;
                            ``(ii) a law enforcement officer who is
                        wearing a body-mounted camera to obtain consent
                        to be recorded from a crime victim or witness
                        before interviewing the victim or witness;
                            ``(iii) the collection of data unrelated to
                        a legitimate law enforcement purpose be
                        minimized to the greatest extent practicable;
                            ``(iv) the system used to store data
                        collected by body-worn cameras shall log all
                        viewing, modification, or deletion of stored
                        data and shall prevent, to the greatest extent
                        practicable, the unauthorized access or
                        disclosure of stored data;
                            ``(v) any law enforcement officer be
                        prohibited from accessing the stored data
                        without an authorized purpose; and
                            ``(vi) the law enforcement agency to
                        collect and report data on--
                                    ``(I) incidences of use of force,
                                disaggregated by race, ethnicity,
                                gender, and age of the victim;
                                    ``(II) the number of complaints
                                filed against law enforcement officers;
                                    ``(III) the disposition of
                                complaints filed against law
                                enforcement officers; and
                                    ``(IV) the number of times camera
                                footage is used for evidence collection
                                in investigations of crimes;
                    ``(B) allows an individual to file a complaint with
                a law enforcement agency relating to the improper use
                of body-worn cameras; and
                    ``(C) complies with any other requirements
                established by the Assistant Attorney General.
            ``(4) Use or transfer of data.--
                    ``(A) In general.--Data collected by an entity
                receiving a grant under this section from a body-
                mounted camera shall be used only in internal and
                external investigations of misconduct by a law
                enforcement agency or officer, if there is reasonable
                suspicion that a recording contains evidence of a
                crime, or for limited training purposes. The Assistant
                Attorney General shall establish rules to ensure that
                the data is used only for the purposes described in
                this subparagraph.
                    ``(B) Prohibition on transfer.--Except as provided
                in subparagraph (B), an entity receiving a grant under
                this section may not transfer any data collected by the
                entity from a body-mounted camera to another law
                enforcement or intelligence agency.
                    ``(C) Exceptions.--
                            ``(i) Criminal investigation.--An entity
                        receiving a grant under this section may
                        transfer data collected by the entity from a
                        body-mounted camera to another law enforcement
                        agency or intelligence agency for use in a
                        criminal investigation if the requesting law
                        enforcement or intelligence agency has
                        reasonable suspicion that the requested data
                        contains evidence relating to the crime being
                        investigated.
                            ``(ii) Civil rights claims.--An entity
                        receiving a grant under this section may
                        transfer data collected by the law enforcement
                        agency from a body-mounted camera to another
                        law enforcement agency for use in an
                        investigation of any right, privilege, or
                        immunity secured or protected by the
                        Constitution or laws of the United States.
    ``(e) Matching Funds.--
            ``(1) In general.--Except as provided in paragraph (3), the
        Federal share of the cost of a program carried out using a
        grant under this part may not exceed 75 percent of the total
        cost of the program.
            ``(2) Indian assistance.--Any funds appropriated by
        Congress for the activities of any agency of an Indian tribal
        government or the Bureau of Indian Affairs performing law
        enforcement functions on any Indian lands may be used to
        provide the non-Federal share of the matching requirement
        described in paragraph (1).
            ``(3) Waiver.--The Assistant Attorney General may waive, in
        whole or in part, the matching requirement described in
        paragraph (1) in the case of fiscal hardship, as determined by
        the Assistant Attorney General.
    ``(f) Allocation of Funds.--For fiscal years 2015 and 2016, of the
amounts appropriated to the Office of Justice Programs, $10,000,000
shall be used to carry out this part.

``SEC. 3022. APPLICATIONS.

    ``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Assistant Attorney General in such form
and containing such information as the Assistant Attorney General may
reasonably require.
    ``(b) Regulations.--Not later than 90 days after the date of the
enactment of this part, the Assistant Attorney General shall promulgate
regulations to implement this part, including the information that
shall be included and the requirements that the States, units of local
government, and Indian tribes must meet in submitting the applications
required under this section.

``SEC. 3023. STUDY.

    ``(a) In General.--Not later than 2 years after the date on which
all grants are awarded under this part, the Assistant Attorney General
shall conduct a study on--
            ``(1) the efficacy of body-worn cameras in deterring
        excessive force by law enforcement officers;
            ``(2) the impact of body-worn cameras on the accountability
        and transparency of the use of force by law enforcement
        officers;
            ``(3) the impact of body-worn cameras on responses to and
        adjudications of complaints of excessive force;
            ``(4) the effect of the use of body-worn cameras on the
        safety of law enforcement officers on patrol;
            ``(5) the effect of the use of body-worn cameras on public
        safety;
            ``(6) the impact of body-worn cameras on evidence
        collection for criminal investigations;
            ``(7) issues relating to the secure storage and handling of
        data from the body-worn cameras;
            ``(8) issues relating to the privacy of citizens and
        officers recorded on body-worn cameras;
            ``(9) issues relating to the public's access to body-worn
        camera footage;
            ``(10) the need for proper training of law enforcement
        officers that use body-worn cameras;
            ``(11) best practices in the development of protocols for
        the safe and effective use of body-worn cameras; and
            ``(12) any other factors that the Assistant Attorney
        General determines are relevant in evaluating the efficacy of
        body-worn cameras.
    ``(b) Report.--Not later than 180 days after the date on which the
study required under subsection (a) is completed, the Assistant
Attorney General shall submit to Congress a report on the study.''.

Summary: Police Creating Accountability by Making Effective Recording Available Act of 2015 or the Police CAMERA Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Assistant Attorney General for the Office of Justice Programs to make grants to states, local governments, and Indian tribes to purchase or lease body-worn cameras for use by law enforcement officers, and for expenses related to the implementation of a body-worn camera program, in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against officers, and improve evidence collection. Requires a grantee to: (1) develop, with community input, policies for the safe and effective use of body-worn cameras, for the secure storage, handling, and destruction of data collected, for protecting the privacy rights of any individual who may be recorded, and for the release of any data collected in accordance with the open records laws of the state. And (2) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. Requires a grantee to adopt data collection and retention protocols that: require an officer wearing a camera to provide an explanation if an activity that is required to be recorded is not recorded and to obtain a crime victim's or witness's consent to be recorded before interviewing him or her. Minimize the collection of data unrelated to a legitimate law enforcement purpose. Require the system used to store collected data to log all viewing, modification, or deletion of such data and to prevent its unauthorized access or disclosure. Prohibit any law enforcement officer from accessing the stored data without an authorized purpose. Require the law enforcement agency to collect and report data on incidences of use of force, the number of complaints filed against officers, the disposition of such complaints, and the number of times camera footage is used for evidence collection in investigations of crimes. And allow an individual to file a complaint with a law enforcement agency relating to the improper use of such cameras. Allows data collected by a grantee to be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. Prohibits a grantee from transferring any collected data to another law enforcement or intelligence agency, with specified exceptions for investigations of crimes and civil rights violations. Directs the Assistant Attorney General to study and report to Congress on the efficacy of body-worn cameras.

Police CAMERA Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) there are over 600 different Federal financial
        assistance programs to implement domestic policy;
            (2) while the assistance described in paragraph (1) has
        been directed at critical problems, some Federal administrative
        requirements may be duplicative, burdensome, or conflicting,
        thus impeding cost-effective delivery of services at the local
        level;
            (3) the Nation's State, local, and tribal governments and
        private, nonprofit organizations are dealing with increasingly
        complex problems which require the delivery and coordination of
        many kinds of services; and
            (4) streamlining and simplification of Federal financial
        assistance administrative procedures and reporting requirements
        will improve the delivery of services to the public.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) improve the effectiveness and performance of Federal
        financial assistance programs;
            (2) simplify Federal financial assistance application and
        reporting requirements;
            (3) improve the delivery of services to the public; and
            (4) facilitate greater coordination among those responsible
        for delivering such services.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of
        the Office of Management and Budget.
            (2) Federal agency.--The term ``Federal agency'' means any
        agency as defined under section 551(1) of title 5, United
        States Code.
            (3) Federal financial assistance.--The term ``Federal
        financial assistance'' has the meaning given that term in
        section 7501(a)(5) of title 31, United States Code, under which
        Federal financial assistance is provided, directly or
        indirectly, to a non-Federal entity.
            (4) Local government.--The term ``local government'' means
        a political subdivision of a State that is a unit of general
        local government (as defined under section 7501(a)(11) of title
        31, United States Code);
            (5) Non-federal entity.--The term ``non-Federal entity''
        means a State, local government, or nonprofit organization.
            (6) Nonprofit organization.--The term ``nonprofit
        organization'' means any corporation, trust, association,
        cooperative, or other organization that--
                    (A) is operated primarily for scientific,
                educational, service, charitable, or similar purposes
                in the public interest;
                    (B) is not organized primarily for profit; and
                    (C) uses net proceeds to maintain, improve, or
                expand the operations of the organization.
            (7) State.--The term ``State'' means any State of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the
        Commonwealth of the Northern Mariana Islands, and the Trust
        Territory of the Pacific Islands, and any instrumentality
        thereof, any multi-State, regional, or interstate entity which
        has governmental functions, and any Indian Tribal Government.
            (8) Tribal government.--The term ``tribal government''
        means an Indian tribe, as that term is defined in section
        7501(a)(9) of title 31, United States Code.
            (9) Uniform administrative rule.--The term ``uniform
        administrative rule'' means a government-wide uniform rule for
        any generally applicable requirement established to achieve
        national policy objectives that applies to multiple Federal
        financial assistance programs across Federal agencies.

SEC. 5. DUTIES OF FEDERAL AGENCIES.

    (a) In General.--Not later than 18 months after the date of the
enactment of this Act, each Federal agency shall develop and implement
a plan that--
            (1) streamlines and simplifies the application,
        administrative, and reporting procedures for Federal financial
        assistance programs administered by the agency;
            (2) demonstrates active participation in the interagency
        process under section 6(a)(2);
            (3) demonstrates appropriate agency use, or plans for use,
        of the common application and reporting system developed under
        section 6(a)(1);
            (4) designates a lead agency official for carrying out the
        responsibilities of the agency under this Act;
            (5) allows applicants to electronically apply for, and
        report on the use of, funds from the Federal financial
        assistance program administered by the agency in a manner not
        inconsistent with the Government Paperwork Elimination Act
        (title XVII of Public Law 105-277);
            (6) ensures recipients of Federal financial assistance
        provide timely, complete, and high quality information in
        response to Federal reporting requirements; and
            (7) establishes specific annual goals and objectives to
        further the purposes of this Act and measure annual performance
        in achieving those goals and objectives, which may be done as
        part of the agency's annual planning responsibilities under the
        provisions enacted in the Government Performance and Results
        Act of 1993 (Public Law 103-62).
    (b) Extension.--If one or more agencies are unable to comply with
the requirements of subsection (a), the Director shall report to the
Committee on Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives the reasons for
noncompliance. After consultation with such committees, the Director
may extend the period for plan development and implementation for each
noncompliant agency for up to 12 months.
    (c) Comment and Consultation on Agency Plans.--
            (1) Comment.--Each agency shall publish the plan developed
        under subsection (a) in the Federal Register and shall receive
        public comment of the plan through the Federal Register and
        other means (including electronic means). To the maximum extent
        practicable, each Federal agency shall hold public forums on
        the plan.
            (2) Consultation.--The lead official designated under
        subsection (a)(4) shall consult with representatives of non-
        Federal entities during development and implementation of the
        plan. Consultation with representatives of State, local, and
        tribal governments shall be in accordance with section 204 of
        the Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2
        U.S.C. 1534).
    (d) Submission of Plan.--Each Federal agency shall submit the plan
developed under subsection (a) to the Director and Congress and report
annually thereafter on the implementation of the plan and performance
of the agency in meeting the goals and objectives specified under
subsection (a)(7). Such report may be included as part of any of the
general management reports required under law.
    (e) Department of Housing and Urban Development.--(1) Not later
than 18 months after the date of the enactment of this Act, the
Department of Housing and Urban Development shall develop and implement
a plan that establishes policies and procedures regarding an applicant
who has submitted an application for Federal financial assistance to
the agency that includes a technical deficiency under which--
            (A) the applicant shall be notified promptly of the
        deficiency and permitted to submit the appropriate information
        to correct the deficiency within 7 days of receipt of notice by
        the applicant of the deficiency, notwithstanding that the
        deadline for submission of an application has expired;
            (B) the application shall continue to be considered by the
        agency during the period before the applicant is notified and
        the 7-day period during which the applicant is permitted to
        correct the deficiency; and
            (C) if the applicant corrects the deficiency within the 7-
        day period, the agency shall continue to consider the
        application.
    (2) A deficiency (including, but not limited to, a misfiling,
error, or omission) may be considered technical for purposes of this
subsection notwithstanding a material impact on the eligibility of an
applicant or proposed activity for requested funding. A technical
deficiency for purposes of this subsection does not include the failure
to submit a substantially complete application by a deadline published
in the Federal Register.

SEC. 6. DUTIES OF THE DIRECTOR.

    (a) In General.--The Director, in consultation with agency heads,
and representatives of non-Federal entities, shall direct, coordinate
and assist Federal agencies in establishing:
            (1)(A) a common application or set of common applications,
        wherein a non-Federal entity can apply for Federal financial
        assistance from multiple Federal financial assistance programs
        that serve similar purposes and are administered by different
        Federal agencies;
            (B) a common system, including electronic processes,
        wherein a non-Federal entity can apply for, manage, and report
        on the use of funding from multiple Federal financial
        assistance programs that serve similar purposes and are
        administered by different Federal agencies; and
            (C) uniform administrative rules for Federal financial
        assistance programs across different Federal agencies.
            (2) An interagency process for addressing--
                    (A) ways to streamline and simplify Federal
                financial assistance administrative procedures and
                reporting requirements for non-Federal entities;
                    (B) improved interagency and intergovernmental
                coordination of information collection and sharing of
                data pertaining to Federal financial assistance
                programs, including appropriate information sharing
                consistent with the provisions in the Privacy Act of
                1974 (Public Law 93-579); and
                    (C) improvements in the timeliness, completeness,
                and quality of information received by Federal agencies
                from recipients of Federal financial assistance.
    (b) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
    (c) Review of Plans and Reports.--Agencies shall submit to the
Director, upon his request and for his review, information and other
reporting regarding their implementation of this Act.
    (d) Exemptions.--The Director may exempt any Federal agency or
Federal financial assistance program from the requirements of this Act
if the Director determines that the Federal agency does not have a
significant number of Federal financial assistance programs. The
Director shall maintain a list of exempted agencies which will be
available to the public through the Internet site of the Office of
Management and Budget.
    (e) Report on Recommended Changes in Law.--Not later than 18 months
after the date of the enactment of this Act, the Director shall submit
to Congress a report containing recommendations for changes in law to
improve the effectiveness and performance of Federal financial
assistance programs.

SEC. 7. EVALUATION.

    (a) In General.--The Director (or the lead agency designated under
section 6(b)) shall contract with the National Academy of Public
Administration to evaluate the effectiveness of this Act. Not later
than 4 years after the date of the enactment of this Act, the
evaluation shall be submitted to the lead agency, the Director, and
Congress. The evaluation shall be performed with input from State,
local, and tribal governments, and nonprofit organizations.
    (b) Contents.--The evaluation under subsection (a) shall--
            (1) assess the effectiveness of this Act in meeting the
        purposes of this Act and make specific recommendations to
        further the implementation of this Act;
            (2) evaluate actual performance of each agency in achieving
        the goals and objectives stated in agency plans;
            (3) assess the level of coordination among the Director,
        Federal agencies, State, local, and tribal governments, and
        nonprofit organizations in implementing this Act.

SEC. 8. COLLECTION OF INFORMATION.

    Nothing in this Act shall be construed to prevent the Director or
any Federal agency from gathering, or to exempt any recipient of
Federal financial assistance from providing, information that is
required for review of the financial integrity or quality of services
of an activity assisted by a Federal financial assistance program.

SEC. 9. JUDICIAL REVIEW.

    There shall be no judicial review of compliance or noncompliance
with any of the provisions of this Act. No provision of this Act shall
be construed to create any right or benefit, substantive or procedural,
enforceable by any administrative or judicial action.

SEC. 10. STATUTORY REQUIREMENTS.

    Nothing in this Act shall be construed as a means to deviate from
the statutory requirements relating to applicable Federal financial
assistance programs.

SEC. 11. EFFECTIVE DATE AND SUNSET.

    This Act shall take effect on the date of the enactment of this Act
and shall cease to be effective five years after such date of
enactment.

SEC. 12. SENSE OF THE CONGRESS REGARDING FEDERAL FINANCIAL ASSISTANCE.

    It is the sense of the Congress that Federal agencies, in providing
Federal financial assistance for the purpose of economic development,
should focus primarily on communities with high poverty and
unemployment rates.

            Passed the House of Representatives February 24, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Federal Financial Assistance Management Improvement Act of 1999 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Directs the Department of Housing and Urban Development to develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which the applicant: (1) shall be notified of the deficiency and be permitted to submit information to correct the deficiency within seven days. And (2) shall continue to be considered by the agency during such period and after such period if the deficiency is corrected. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application or set of common applications wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal programs. (2) a common system wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal programs. (3) uniform administrative rules for Federal financial assistance programs across different agencies. And (4) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities, ways to improve interagency and intergovernmental coordination of information collection and data sharing pertaining to Federal financial assistance programs, and ways to improve the timeliness, completeness, and quality of information received from financial assistance recipients. Permits the Director to: (1) designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities. And (2) exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director to submit to the Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Requires the evaluation to be performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment. Expresses the sense of the Congress that Federal agencies, in providing Federal financial assistance for economic development, should focus on communities with high poverty and unemployment rates.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Suspend Brazil GSP Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) According to the Department of State, there are at
        least 50 cases involving at least 64 children who were habitual
        residents of the United States and who were removed to Brazil
        by one parent, wrongfully denying custody to the parent in the
        United States, and who have not been returned to the United
        States as required under the Convention on the Civil Aspects of
        International Child Abduction, done at the Hague on October 25,
        1980 (TIAS 11670; in this section referred to as the ``Hague
        Convention'').
            (2) David Goldman, a United States citizen and resident of
        New Jersey, has been trying unsuccessfully since June 2004 to
        secure the return of his son Sean to the United States where
        Sean maintained his habitual residence until his mother, Bruna
        Bianchi Ribeiro Goldman, removed Sean to Brazil.
            (3) On September 3, 2004, Mr. Goldman filed an application
        for the immediate return of Sean to the United States under the
        Hague Convention to which both the United States and Brazil are
        party and which entered into force between Brazil and the
        United States on December 1, 2003.
            (4) Pursuant to Article 12 of the Hague Convention, the
        judicial authority of Brazil was required to order Sean's
        return to the United States ``forthwith'', customarily defined
        under international law as within six weeks after an
        application for return has been filed.
            (5) On October 13, 2005, the Brazilian court refused to
        return Sean in contravention of Brazil's obligations under the
        Hague Convention even though it found that Sean was a habitual
        resident of the United States and, pursuant to international
        law, had been wrongfully removed and retained in Brazil.
            (6) On August 22, 2008, Mrs. Goldman passed away in Brazil
        leaving Sean without a mother and separated from his biological
        father in the United States. Instead of returning Sean to the
        custody of his father David, Mrs. Goldman's second husband,
        Joao Paulo Lins e Silva, petitioned the Brazilian courts for
        custody rights over Sean.
            (7) On September 25, 2008, Mr. Goldman filed an amended
        application under the Hague Convention against Mr. Lins e Silva
        for the return of custody over Sean.
            (8) On June 1, 2009, a federal court judge in Brazil
        ordered that Sean be turned over to the United States consulate
        in Rio de Janeiro and returned to his father on June 3, 2009.
        The court further ordered that, following a 30-day adaptation
        period in the United States, Mr. Goldman be given full custody
        over Sean.
            (9) On June 2, 2009, one Brazilian Supreme Court justice
        suspended the order of the first level of the Federal Court on
        the basis of a motion filed by the Progressive Party, a small
        Brazilian political party, that objects to the application of
        the Hague Convention in Brazil. This suspension must now be
        heard by the full Supreme Court, could further delay the
        Goldman case for months, and could prevent the return of any
        other abducted children to the United States.
            (10) Brazil is a primary beneficiary under the Generalized
        System of Preferences program. In 2008, Brazil received duty-
        free status under the GSP for United States imports totaling
        $2.75 billion.
            (11) A country that refuses to abide by its international
        obligations pursuant to the Hague Convention and recognize the
        international rights of parents and their children from the
        United States should not be able to export goods to the United
        States duty-free under the Generalized System of Preferences
        program.
    (b) Declaration of Purpose.--The purpose of this Act is to--
            (1) attain the immediate return of Sean Goldman and all
        children to the United States who are being held wrongfully in
        Brazil in contravention of the Hague Convention; and
            (2) impress upon the judiciary, central authority, and law
        enforcement of Brazil the importance of abiding by their
        respective obligations pursuant to the Hague Convention.

SEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED SYSTEM OF PREFERENCES
              FOR BRAZIL.

    (a) Notification of Suspension of Duty-Free Treatment.--Not later
than 7 days after the date of the enactment of this Act, the President
shall notify the member countries of the World Trade Organization that
the United States is suspending the application of Generalized System
of Preferences for Brazil in accordance with the requirements of this
section.
    (b) Suspension of Duty-Free Treatment.--
            (1) In general.--Not later than 30 days after the date of
        the enactment of this Act, the President shall suspend the
        application of Generalized System of Preferences for Brazil.
            (2) Waiver.--The President may waive the application of
        paragraph (1) if the President determines and reports to the
        appropriate congressional committees that it is important to
        the national interests of the United States to do so.
    (c) Reinstatement of Duty-Free Treatment.--The President may
reinstate the application of Generalized System of Preferences for
Brazil if the President certifies to the appropriate congressional
committees that the following requirements have been satisfied:
            (1) The central authority of Brazil is complying with its
        obligations under the Convention on the Civil Aspects of
        International Child Abduction, done at the Hague on October 25,
        1980 (TIAS 11670; in this section referred to as the ``Hague
        Convention'') with respect to international child abduction
        cases involving children from the United States.
            (2) The judicial system of Brazil is complying with its
        obligations under the Hague Convention with respect to
        international child abduction cases involving children from the
        United States.
            (3) The law enforcement system of Brazil is complying with
        its obligations under the Hague Convention with respect to
        international child abductions cases involving children from
        the United States.

SEC. 4. DEFINITIONS.

    In this section:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the
                Committee on Ways and Means of the House of
                Representatives; and
                    (B) the Committee on Foreign Relations and the
                Committee on Finance of the Senate.
            (2) Generalized system of preferences.--The term
        ``Generalized System of Preferences'' means duty-free treatment
        provided to eligible articles from beneficiary developing
        countries under title V of the Trade Act of 1974 (19 U.S.C.
        2461 et seq.).

Summary: Suspend Brazil GSP Act - Declares that it is the purpose of this Act to: (1) attain the immediate return of Sean Goldman and all children of the United States who are being held wrongfully in Brazil in contravention of the Convention on the Civil Aspects of International Child Abduction. And (2) impress upon Brazil the importance of abiding by their obligations under the Hague Convention with respect to international child abduction cases involving children from the United States. Directs the President to: (1) notify World Trade Organization (WTO) member countries, not later than seven days after enactment of this Act, that the United States is suspending the Generalized System of Preferences (GSP) for Brazil. And (2) suspend, not later than 30 days after enactment of this Act, GSP and duty-free treatment for Brazil. Authorizes the President to reinstate GSP and duty-free treatment for Brazil if he certifies to Congress that Brazil is complying with the Hague Convention.

To suspend the application of Generalized System of Preferences for Brazil until such time as Brazil complies with its obligations toward the United States under the Convention on the Civil Aspects of International Child Abduction.


TITLE I--BIOTECHNOLOGICAL PROCESS PATENTS

SEC. 101. CONDITIONS FOR PATENTABILITY; NONOBVIOUS SUBJECT MATTER.

    Section 103 of title 35, United States Code, is amended--
            (1) in the first unnumbered paragraph by inserting ``(a)''
        before ``A patent'';
            (2) in the second unnumbered paragraph by inserting ``(b)''
        before ``Subject matter''; and
            (3) by adding at the end thereof the following new
        subsections:
    ``(c) Notwithstanding any other provision of this section, a
claimed process of making or using a machine, manufacture, or
composition of matter is not obvious under this section if--
            ``(1) the machine, manufacture, or composition of matter is
        novel under section 102 of this title and nonobvious under this
        section;
            ``(2) the claimed process is a biotechnological process as
        defined in subsection (d); and
            ``(3)(A) the machine, manufacture, or composition of
        matter, and the claimed process invention at the time it was
        made, were owned by the same person or subject to an obligation
        of assignment to the same person; and
            ``(B) claims to the process and to the machine,
        manufacture, or composition of matter--
                    ``(i) are entitled to the same effective filing
                date; and
                    ``(ii) appear in the same patent application,
                different patent applications, or patent which is owned
                by the same person and which expires or is set to
                expire on the same date.
    ``(d) For purposes of this section, the term `biotechnological
process' means any method of making or using living organisms, or parts
thereof, for the purpose of making or modifying products. Such term
includes recombinant DNA, recombinant RNA, cell fusion including
hybridoma techniques, and other processes involving site specific
manipulation of genetic material.''.

SEC. 102. NO PRESUMPTION OF INVALIDITY.

    The first unnumbered paragraph of section 282 of title 35, United
States Code, is amended by inserting after the second sentence ``A
claim issued under the provisions of section 103(c) of this title on a
process of making or using a machine, manufacture, or composition of
matter shall not be held invalid under section 103 of this title solely
because the machine, manufacture, or composition of matter is
determined to lack novelty under section 102 of this title or to be
obvious under section 103 of this title.''.

SEC. 103. EFFECTIVE DATE.

    The amendments made by this title shall apply to all United States
patents granted on or after the date of the enactment of this Act and
to all applications for United States patents pending on or filed after
such date of enactment, including any application for the reissuance of
a patent.

              TITLE II--BIOTECHNOLOGICAL MATERIAL PATENTS

SEC. 201. INFRINGEMENT BY IMPORTATION, SALE OR USE.

    (a) Infringement.--Section 271 of title 35, United States Code, is
amended by adding at the end the following new subsection:
    ``(h) Whoever without authority imports into the United States or
sells or uses within the United States a product which is made by using
a biotechnological material (as defined under section 154(b)) which is
patented in the United States shall be liable as an infringer if the
importation, sale, or use of the product occurs during the term of such
patent.''.
    (b) Contents and Term Patent.--Section 154 of title 35, United
States Code, is amended--
            (1) by inserting ``(a)'' before ``Every'';
            (2) by striking out ``in this title,'' and inserting in
        lieu thereof ``in this title (1)'';
            (3) by striking out ``and, if the invention'' and inserting
        ``(2) if the invention'';
            (4) by inserting after ``products made by that process,''
        the following: ``and (3) if the invention is a biotechnological
        material used in making a product, of the right to exclude
        others from using or selling throughout the United States, or
        importing into the United States the product made or using such
        biotechnological material,''; and
            (5) by adding at the end thereof the following:
    ``(b) For purposes of this section, the term `biotechnological
material' is defined as any material (including a host cell, DNA
sequence, or vector) that is used in a biotechnological process as
defined under section 103(d).''.
    (c) Effective Date.--
            (1) In general.--The amendment made by this section shall
        take effect six months after the date of enactment of this Act
        and, subject to paragraph (2), shall apply only with respect to
        products made or imported after the effective date of the
        amendments made by this section.
            (2) Exceptions.--The amendments made by this section shall
        not abridge or affect the right of any person, or any successor
        to the business of such person--
                    (A) to continue to use, sell, or import products in
                substantial and continuous sale or use by such person
                in the United States on the date of enactment of this
                Act; or
                    (B) to continue to use, sell, or import products
                for which substantial preparation by such person for
                such sale or use was made before such date, to the
                extent equitable for the protection of commercial
                investment made or business commenced in the United
                States before such date.

Summary: TABLE OF CONTENTS: Title I: Biotechnological Process Patents Title II: Biotechnological Material Patents Title I: Biotechnological Process Patents - Amends Federal patent law to cite conditions under which a claimed process of making or using a machine, manufacture, or composition of matter is not obvious . Establishes a presumption of validity with respect to a process claim even through a related product claim is invalidated . Title II: Biotechnological Material Patents - Makes any unauthorized person who imports or sells a product made by using a biotechnological material that is patented in the United States liable for patent infringement. Includes within the terms of such patents the right to exclude others from using, selling, or importing such products throughout or into the United States. Establishes exceptions to such requirements to the extent suitable to protect commercial investment made or business commenced before the effective date of such amendments.

To amend title 35, United States Code, with respect to patents on certain processes.


SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Medicare Mental
Health Improvement Act''.
    (b) References to Social Security Act.--Whenever in this Act an
amendment 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 that section or other provision of the Social Security Act.

SEC. 2. INPATIENT PSYCHIATRIC HOSPITAL SERVICES.

    (a) Services Covered.--Section 1812(a) (42 U.S.C. 1395d(a)) is
amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) inpatient hospital services furnished primarily for
        the diagnosis or treatment of mental illness or substance abuse
        for up to 60 days during a year.''.
    (b) Limitation on Coverage.--Section 1812(b)(3) (42 U.S.C.
1395d(b)) is amended to read as follows:
            ``(3) inpatient hospital services furnished primarily for
        the diagnosis or treatment of mental illness or substance abuse
        that are furnished to the individual during a year after such
        services have been furnished to the individual for a total of
        60 days during the year.''.
    (c) Conforming Amendments.--(1) Section 1812(a)(1) (42 U.S.C.
1395d(a)(1)) is amended by inserting ``(other than services described
in paragraph (5))'' after ``inpatient hospital services'' the first
place it appears.
    (2) Section 1812(b)(1) (42 U.S.C. 1395d(b)(1)) is amended by
inserting ``(other than services described in paragraph (3))'' after
``inpatient hospital services'' the first place it appears.
    (3) Section 1812 (42 U.S.C. 1395d) is amended by striking
subsection (c).
    (4) Section 1814(a) (42 U.S.C. 1395f(a)) is amended--
            (A) in paragraph (2), by striking subparagraph (A);
            (B) in paragraph (3), by striking ``(other than inpatient
        psychiatric hospital services)''; and
            (C) by striking paragraph (4).
    (5) Section 1861 (42 U.S.C. 1395x) is amended by striking
subsection (c).
    (d) Effective Date; Transition.--The amendments made by this
section shall take effect January 1, 1996, except that--
            (1) an individual who at any time prior to such date has
        been furnished inpatient psychiatric hospital services (as
        defined for purposes of title XVIII of the Social Security Act
        as of the date of the enactment of this Act) for 190
        consecutive days is not entitled to any services under section
        1812(a)(5) (as added by subsection (a)(3)); and
            (2) in the case of an individual who is not described in
        paragraph (1) and is receiving inpatient psychiatric hospital
        services (as defined for purposes of title XVIII of the Social
        Security Act as of the date of the enactment of this Act) on
        December 31, 1995, for which payment may be made under section
        1812 of such Act, the number of days of services for which the
        individual is entitled under section 1812(a)(5) (and the number
        of days applicable under section 1812(b)(3)) shall be equal to
        the greater of 60 or the difference between 190 days and the
        number of days of such inpatient psychiatric hospital services
        furnished to the individual prior to January 1, 1996.

SEC. 3. INTENSIVE RESIDENTIAL SERVICES.

    (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)),
as amended by section 2(a), is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) intensive residential services (as described in
        section 1861(qq)) furnished to an individual for up to 120 days
        during any calendar year, except that such services may be
        furnished to the individual for additional days during the year
        if necessary for the individual to complete a course of
        treatment to the extent that the number of days of inpatient
        hospital services described in paragraph (5) that may be
        furnished to the individual during the year (as reduced under
        such paragraph) is not less than 15.''.
            (2) Services described.--Section 1861 (42 U.S.C. 1395x), as
        amended by section 146(a) of the Social Security Act Amendments
        of 1994, is amended by adding at the end the following new
        subsection:

                    ``Intensive Residential Services

    ``(mm)(1) Subject to paragraph (2), the term `intensive residential
services' means inpatient services provided in any of the following
facilities:
            ``(A) Residential detoxification centers.
            ``(B) Crisis residential programs or mental illness
        residential treatment programs.
            ``(C) Therapeutic family or group treatment homes.
            ``(D) Residential centers for substance abuse treatment.
    ``(2) No service may be treated as an intensive residential service
under paragraph (1) unless the facility at which the service is
provided--
            ``(A) is legally authorized to provide such service under
        the law of the State (or under a State regulatory mechanism
        provided by State law) in which the facility is located or is
        certified to provide such service by an appropriate
        accreditation entity approved by the State in consultation with
        the Secretary; and
            ``(B) meets such other requirements as the Secretary may
        impose to assure the quality of the intensive residential
        services provided.
    ``(3) No service may be treated as an intensive residential service
under paragraph (1) unless the service is furnished in accordance with
standards established by the Secretary for the management of such
services.''.
            (3) Reduction in days of coverage for inpatient services.--
        Section 1812(a)(5) and section 1812(b)(3), as amended by
        section 2, are each amended by striking the period at the end
        and inserting the following: ``, reduced by a number of days
        determined by the Secretary so that the actuarial value of
        providing such number of days of services under this paragraph
        to the individual is equal to the actuarial value of the days
        of inpatient residential services furnished to the individual
        under paragraph (6) during the year after such services have
        been furnished to the individual for 120 days during the year
        (rounded to the nearest day).''.
            (4) Amount of payment.--Section 1814 (42 U.S.C. 1395f) is
        amended--
                    (A) in subsection (b) in the matter preceding
                paragraph (1), by inserting ``other than intensive
                residential services,'' after ``hospice care,''; and
                    (B) by adding at the end the following new
                subsection:

              ``Payment for Intensive Residential Services

    ``(m) The amount of payment under this part for intensive
residential services under section 1812(a)(6) shall be equal to--
            ``(1) the lesser of--
                    ``(A) the reasonable cost of such services, as
                determined under section 1861(v), or
                    ``(B) the customary charges with respect to such
                services,
        less the amount a provider may charge as described in clause
        (ii) of section 1866(a)(2)(A):
            ``(2) if such services are furnished by a public provider
        of services or by another provider which demonstrates to the
        satisfaction of the Secretary that a significant portion of its
        patients are low-income (and requests that payment be made
        under this clause), free of charge or at nominal charges to the
        public, the amount determined in accordance with subsection
        (b)(2); and
            ``(3) if (and for so long as) the conditions described in
        subsection (b)(3) are met, the amounts determined under the
        reimbursement system described in such section.''.

SEC. 4. LOWERING COINSURANCE FOR CERTAIN OUTPATIENT MENTAL HEALTH AND
              SUBSTANCE ABUSE SERVICES.

    (a) In General.--Section 1833(c) (42 U.S.C. 1395l(c)) is amended by
striking ``mental, psychoneurotic, and personality disorders'' and all
that follows through ``are incurred'' and inserting the following:
``mental illness or substance abuse of an individual who, at the time
such expenses are incurred, is over 18 years of age, is not an
inpatient of a hospital, and has received 5 or more sessions of such
treatment during the calendar year,''.
    (b) Requiring Services To Be Furnished in Accordance With
Management Standards.--Section 1862(a) (42 U.S.C. 1395y(a)), as amended
by section 156(a)(2)(D) of the Social Security Act Amendments of 1994,
is amended--
            (1) by striking ``or'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and
        inserting ``; or''; and
            (3) by inserting after paragraph (15) the following new
        paragraph:
            ``(16) in the case of any items or services furnished under
        part B for the treatment of mental illness or emotional
        disturbance (including substance abuse), if the services are
        not furnished in accordance with standards established by the
        Secretary for the management of such services.''.

SEC. 5. INTENSIVE COMMUNITY-BASED SERVICES.

    (a) Coverage.--
            (1) In general.--Section 1832(a)(2)(J) (42 U.S.C.
        1395k(a)(2)(J)) is amended to read as follows:
                    ``(J) intensive community-based services (as
                described in section 1861(ff))--
                            ``(i) for an unlimited number of days
                        during any calendar year, in the case of
                        services described in section 1861(ff)(2)(E)
                        that are furnished to an individual who is a
                        seriously mentally ill adult, a seriously
                        emotionally disturbed child, or an adult or
                        child with serious substance abuse disorder (as
                        determined in accordance with criteria
                        established by the Secretary),
                            ``(ii) in the case of day treatment
                        services for an individual under 19 years of
                        age described in section 1861(ff)(2)(C), for up
                        to 180 days during any calendar year, except
                        that such services may be furnished to the
                        individual for a number of additional days
                        during the year equal to the difference between
                        the total number of days of intensive
                        residential services which the individual may
                        receive during the year under part A (as
                        determined under section 1812(a)(6)) and the
                        number of days of such services which the
                        individual has received during the year, or
                            ``(iii) in the case of any other such
                        services, for up to 90 days during any calendar
                        year, except that such services may be
                        furnished to the individual for the number of
                        additional days during the year described in
                        clause (ii).''.
            (2) Reduction in number of days of intensive residential
        services.--Section 1812(a)(6) (42 U.S.C. 1395d(a)(6)), as added
        by section 3(a), is amended--
                    (A) by inserting ``(A)'' before ``such services'';
                and
                    (B) by striking the period at the end and inserting
                the following: ``, and (B) reduced by a number of days
                determined by the Secretary so that the actuarial value
                of providing such number of days of services under this
                paragraph to the individual is equal to the actuarial
                value of the days of intensive community-based services
                furnished to the individual under section 1832(a)(2)(J)
                during the year after such services have been furnished
                to the individual for 90 days (or, in the case of
                services described in section 1832(a)(2)(J)(ii), for
                180 days) during the year (rounded to the nearest
                day).''.
    (b) Services Described.--Section 1861(ff)(2) (42 U.S.C.
1395x(ff)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``are--'' and inserting ``are as follows:'';
            (2) in subparagraph (C)--
                    (A) by inserting ``behavioral aide services,''
                after ``nurses'', and
                    (B) by adding at the end the following: ``(to the
                extent authorized under State law)'';
            (3) by adding ``and'' at the end of subparagraph (G);
            (4) in subparagraph (H), by striking ``, and'' and
        inserting a period;
            (5) by redesignating subparagraphs (A) through (H) as
        clauses (i) through (viii) and moving such subparagraphs 2 ems
        to the right;
            (6) by inserting before clause (i) (as so redesignated) the
        following:
                    ``(A) Partial hospitalization services consisting
                of--'';
            (7) by inserting after clause (viii) (as so redesignated)
        the following new subparagraphs:
            ``(B) Psychiatric rehabilitation services.
            ``(C) Day treatment services for substance abuse treatment
        for individuals of any age and for other mental health services
        for individuals under 19 years of age.
            ``(D) In-home services.
            ``(E) Case management services, including collateral
        services designated as such case management services by the
        Secretary.
            ``(F) Ambulatory detoxification services.''; and
            (8) in subparagraph (I)--
                    (A) by striking ``such'' and inserting ``Such'',
                and
                    (B) by redesignating such subparagraph as
                subparagraph (G).
    (c) Permitting Non-Physician Providers To Supervise Individual
Program of Treatment.--Section 1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is
amended by inserting after ``supervision of a physician'' the
following: ``(or, to the extent permitted under the law of the State in
which the services are furnished, a non-physician mental health or
substance abuse treatment professional)''.
    (d) Requiring Services To Meet Management Standards.--Section
1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is amended by striking the period
at the end and inserting the following: ``, but does not include any
item or service that is not furnished in accordance with standards
established by the Secretary for the management of such services.''.
    (e) Programs Eligible To Provide Services.--Section 1861(ff)(3) (42
U.S.C. 1395x(ff)(3)) is amended to read as follows:
    ``(3) A program described in this paragraph is a program (whether
facility-based or freestanding) which is furnished by an entity--
            ``(A) legally authorized to furnish such a program under
        State law (or the State regulatory mechanism provided by State
        law) or certified to furnish such a program by an appropriate
        accreditation entity approved by the State in consultation with
        the Secretary; and
            ``(B) meeting such other requirements as the Secretary may
        impose to assure the quality of the intensive community-based
        services provided.''.
    (f) Waiver of Copayment for Case Management Services Furnished to
Certain Individuals.--Section 1833(a)(2) (42 U.S.C. 1395l(a)(2)), as
amended by section 147(f)(6)(C) of the Social Security Act Amendments
of 1994, is amended--
            (1) in subparagraph (B), by striking ``or (E)'' and
        inserting ``(E), or (F)'';
            (2) by striking ``and'' at the end of subparagraph (E);
            (3) by adding ``and'' at the end of subparagraph (F); and
            (4) by adding at the end the following new subparagraph:
                    ``(G) with respect to services described in section
                1832(a)(2)(J)(i), the amount determined under
                subparagraph (B), except that `100 percent' shall be
                substituted for any reference in such subparagraph to
                `80 percent';''.
    (g) Conforming Amendments.--(1) Section 1835(a)(2)(F) (42 U.S.C.
1395n(a)(2)(F)) is amended--
            (A) by striking ``partial hospitalization'' and inserting
        ``intensive community-based''; and
            (B) in clause (ii), by striking ``physician'' and inserting
        ``physician (or, to the extent permitted under the law of the
        State in which the services are furnished, a non-physician
        mental health professional)''.
    (2) Section 1861(s)(2)(B) (42 U.S.C. 1395x(s)(2)(B)) is amended by
striking ``partial hospitalization'' and inserting ``intensive
community-based''.
    (3) Section 1861(ff) (42 U.S.C. 1395x(ff)) is amended--
            (A) in the heading, by striking ``Partial Hospitalization''
        and inserting ``Intensive Community-Based''; and
            (B) in paragraph (1), by striking ``partial
        hospitalization'' and inserting ``intensive community-based''.
    (4) Section 1866(e)(2) (42 U.S.C. 1395cc(e)(2)) is amended by
striking ``partial hospitalization'' and inserting ``intensive
community-based''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to items and services
furnished on or after January 1, 1996.

Summary: Medicare Mental Health Improvement Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) include under Medicare coverage inpatient hospital services for up to 60 days during a year when furnished primarily for the diagnosis or treatment of mental illness or substance abuse, (2) require patient payment for services rendered beyond such limit. And (3) make such changes effective on January 1, 1996 . Includes under Medicare coverage the following intensive residential services for up to 120 days in a year: (1) residential detoxification centers, (2) crisis or mental illness residential treatment programs, (3) therapeutic family or group treatment homes. And (4) residential centers for substance abuse treatment. Requires facilities providing such services to be authorized to do so and to meet quality standards imposed by the Secretary of Health and Human Services. Allows additional days to be taken for intensive residential services from the 60 days permitted for inpatient hospital services , requiring at least 15 days to be retained yearly for the latter services. Provides for the determination of payment amounts for intensive residential services. Subjects inpatient hospitalization and intensive residential services to the same deductibles and copayment as inpatient hospital services for physical disorders. Makes mental health case management services available with no copayment and for an unlimited duration for an adult with serious mental illness, a child with a serious emotional disturbance, or an adult or child with a serious substance abuse disorder. Makes day treatment available for up to 180 days annually for children under 19. Allows additional days for day treatment services for such children to be taken from intensive residential services . Authorizes coverage for up to 90 days annually, with a 20 percent copayment requirement, for: (1) partial hospitalization, (2) psychiatric rehabilitation. (3) day treatment for substance abuse and for children under age 19, (4) in-home services, (5) case management. And (6) ambulatory detoxification. Permits non-physician mental health or substance abuse professionals to supervise an individual plan of treatment to the extent permitted under State law. Requires any program furnishing mental health or substance abuse services to be legally authorized under State law or accredited by an organization approved by the Secretary in consultation with the State. Requires such programs to meet standards established by the Secretary for the management of such services.

Medicare Mental Health Improvement Act