SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Overdoses While in
Emergency Departments Act of 2018''.

SEC. 2. PROGRAM TO SUPPORT EMERGENCY DEPARTMENT DISCHARGE AND CARE
              COORDINATION FOR DRUG OVERDOSE PATIENTS.

    (a) In General.--The Secretary of Health and Human Services shall
establish a program (referred to in this Act as the ``Program'') to
develop protocols for discharging patients who have presented with a
drug overdose and enhance the integration and coordination of care and
treatment options for individuals with substance use disorder after
discharge.
    (b) Grant Establishment and Participation.--
            (1) In general.--In carrying out the Program, the Secretary
        shall award grants on a competitive basis to not more than 20
        eligible health care sites described in paragraph (2).
            (2) Eligible health care sites.--To be eligible for a grant
        under this section, a health care site shall--
                    (A) submit an application to the Secretary at such
                time, in such manner, and containing such information
                as specified by the Secretary;
                    (B) have an emergency department;
                    (C)(i) have a licensed health care professional on
                site who has a waiver under section 303(g) of the
                Controlled Substances Act (21 U.S.C. 823(g)) to
                administer medication-assisted treatment; or
                    (ii) have a demonstrable plan to hire a full-time
                licensed health care professional who has a waiver
                described in clause (i) to administer such treatment on
                site;
                    (D) have in place an agreement with a sufficient
                number and range of entities certified under applicable
                State and Federal law, such as pursuant to registration
                or a waiver under section 303(g) of the Controlled
                Substances Act (21 U.S.C. 823(g)) or certification as
                described in section 8.2 of title 42 of the Code of
                Federal Regulations, to provide treatment for substance
                use disorder such that, in combination, the resulting
                network of entities with an agreement with the hospital
                cumulatively are capable of providing services for all
                evidence-based services for the treatment of substance
                use disorder, as medically appropriate for the
                individual involved, including--
                            (i) medication-assisted treatment;
                            (ii) withdrawal and detoxification services
                        that include patient evaluation, stabilization,
                        and readiness for, and entry into, treatment;
                        and
                            (iii) counseling;
                    (E) deploy on-site recovery coaches to help connect
                patients with treatment and recovery support programs;
                and
                    (F) include the provision of overdose reversal
                medication in discharge protocols for opioid overdose
                patients.
            (3) Preference.--In awarding grants under this section, the
        Secretary shall give preference to eligible health care sites
        that meet either or both of the following criteria:
                    (A) The site is a critical access hospital (as
                defined in section 1861(mm)(1) of the Social Security
                Act (42 U.S.C. 1395x(mm)(1))), a low volume hospital
                (as defined in section 1886(d)(12)(C)(i) of such Act
                (42 U.S.C. 1395ww(d)(12)(C)(i))), or a sole community
                hospital (as defined in section 1886(d)(5)(D)(iii) of
                such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))).
                    (B) The site is located in a geographic area with
                an overdose rate higher than the national average,
                based on the most recent data of the Centers for
                Disease Control and Prevention.
            (4) Medication-assisted treatment defined.--For purposes of
        this section, the term ``medication-assisted treatment'' means
        the use of medication approved by the Food and Drug
        Administration in combination with behavioral health services
        to provide an individualized approach to the treatment of
        substance use disorders, including opioid use disorder.
    (c) Period of Grant.--A grant awarded to an eligible health care
site under this section shall be for a period of at least 2 years.
    (d) Grant Uses.--
            (1) Required uses.--A grant awarded under this section to
        an eligible health care site shall be used for both of the
        following purposes:
                    (A) To establish policies and procedures that
                address the provision of overdose reversal medication,
                the administration of medication-assisted treatment to
                a non-fatal overdose patient in the emergency
                department, and the subsequent referral to evidence-
                based treatment upon discharge for patients who have
                experienced a non-fatal drug overdose.
                    (B) To develop best practices for treating non-
                fatal drug overdoses, including with respect to care
                coordination and integrated care models for long-term
                treatment and recovery options for individuals who have
                experienced a non-fatal drug overdose.
            (2) Additional permissible uses.--A grant awarded under
        this section to an eligible health care site may be used for
        any of the following purposes:
                    (A) To hire emergency department recovery coaches,
                counselors, therapists, social workers, or other
                licensed medical professionals specializing in the
                treatment of substance use disorder.
                    (B) To establish integrated models of care for
                individuals who have experienced a non-fatal drug
                overdose which may include patient assessment,
                followup, and transportation to treatment facilities.
                    (C) To provide for options for increasing the
                availability and access of medication-assisted
                treatment and other evidence-based treatment for
                individuals with substance use disorders.
    (e) Reporting Requirements.--
            (1) Reports by grantees.--Each eligible health care site
        awarded a grant under this section shall submit to the
        Secretary an annual report for each year for which the site has
        received such grant that includes information on--
                    (A) the number of individuals treated at the site
                for non-fatal overdoses in the emergency department;
                    (B) the number of individuals administered
                medication-assisted treatment at the site in the
                emergency department;
                    (C) the number of individuals referred by the site
                to other treatment facilities after a non-fatal
                overdose, the types of such other facilities, and the
                number of such individuals admitted to such other
                facilities pursuant to such referrals;
                    (D) the frequency and number of patient
                readmissions for non-fatal overdoses and substance
                abuse disorder;
                    (E) how the grant funding was used; and
                    (F) the effectiveness of, and any other relevant
                additional data regarding, having an onsite health care
                professional to administer and begin medication-
                assisted treatment for substance use disorders.
            (2) Report by secretary.--Not less than one year after the
        conclusion of the Program, the Secretary shall submit to
        Congress a report that includes--
                    (A) findings of the Program;
                    (B) overall patient outcomes under the Program,
                such as with respect to hospital readmission;
                    (C) what percentage of patients treated by a site
                receiving a grant under this section were readmitted to
                a hospital for non-fatal or fatal overdose; and
                    (D) a compilation of voluntary guidelines and best
                practices from the reports submitted under paragraph
                (1).
    (f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $50,000,000 for the period of fiscal
years 2019 through 2023.

Summary: Preventing Overdoses While in Emergency Departments Act of 2018 This bill requires the Department of Health and Human Services to establish a grant program to: (1) develop protocols for discharging patients who are treated for a drug overdose, and (2) enhance the integration and coordination of postdischarge care and treatment options for individuals with a substance use disorder.


SECTION. 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Telecommunications
Economic Opportunity Act of 1995''.
    (b) Findings.--The Congress finds the following:
            (1) It is in the public interest for business enterprises
        owned by minorities and women to participate in procurement
        contracts of all providers of telecommunications services.
            (2) The opportunity for full participation in our free
        enterprise system by business enterprises that are owned by
        minorities and women is essential if this Nation is to attain
        social and economic equality for those businesses and improve
        the functioning of the national economy.
            (3) It is in this Nation's interest to expeditiously
        improve the economically disadvantaged position of business
        enterprises that are owned by minorities and women.
            (4) The position of these businesses can be improved
        through the development by the providers of telecommunications
        services of substantial long-range and annual goals, which are
        supported by training and technical assistance, for the
        purchase, to the maximum practicable extent, of technology,
        equipment, supplies, services, material and construction from
        minority business enterprises.
            (5) Procurement policies which include participation of
        business enterprises that are owned by minorities and women
        also benefit the communication industry and its consumers by
        encouraging the expansion of the numbers of suppliers for
        procurement, thereby encouraging competition among suppliers
        and promoting economic efficiency in the process.

SEC. 2. PURPOSE.

    The purposes of this Act are--
            (1) to encourage and foster greater economic opportunity
        for business enterprises that are owned by minorities and
        women;
            (2) to promote competition among suppliers to providers of
        telecommunications services and their affiliates to enhance
        economic efficiency in the procurement of telephone corporation
        contracts and contracts of their State commission-regulated
        subsidiaries and affiliates;
            (3) to clarify and expand a program for the procurement by
        State and federally-regulated telephone companies of
        technology, equipment, supplies, services, materials and
        construction work from business enterprises that are owned by
        minorities and women; and
            (4) to ensure that a fair proportion of the total
        purchases, contracts, and subcontracts for supplies,
        commodities, technology, property, and services offered by the
        providers of telecommunications services and their affiliates
        are awarded to minority and women business enterprises.

SEC. 3. ANNUAL PLAN SUBMISSION.

    (a) Annual Plans Required.--
            (1) In general.--The Commission shall require each provider
        of telecommunications services to submit annually a detailed
        and verifiable plan for increasing its procurement from
        business enterprises that are owned by minorities or women in
        all categories of procurement in which minorities are under
        represented.
            (2) Contents of plans.--The annual plans required by
        paragraph (1) shall include (but not be limited to) short- and
        long-term progressive goals and timetables, technical
        assistance, and training and shall, in addition to goals for
        direct contracting opportunities, include methods for
        encouraging both prime contractors and grantees to engage
        business enterprises that are owned by minorities and women in
        subcontracts in all categories in which minorities are under
        represented.
            (3) Implementation report.--Each provider of
        telecommunications services shall furnish an annual report to
        the Commission regarding the implementation of programs
        established pursuant to this Act in such form as the Commission
        shall require, and at such time as the Commission shall
        annually designate.
            (4) Report to congress.--The Commission shall provide an
        annual report to Congress, beginning in January 1996, on the
        progress of activities undertaken by each provider of
        telecommunications services regarding the implementation of
        activities pursuant to this Act to develop business enterprises
        that are owned by minorities or women. The report shall
        evaluate the accomplishments under this Act and shall recommend
        a program for enhancing the policy declared in this Act,
        together with such recommendations for legislation as it deems
        necessary or desirable to further that policy.
    (b) Regulations and Criteria for Determining Eligibility of
Minority Business Enterprises for Procurement Contracts.--
            (1) In general.--The Commission shall establish regulations
        for implementing programs pursuant to this Act that will govern
        providers of telecommunications services and their affiliates.
            (2) Verifying criteria.--The Commission shall develop and
        publish regulations setting forth criteria for verifying and
determining the eligibility of business enterprises that are owned by
minorities or women for procurement contracts.
            (3) Outreach.--The Commission's regulations shall require
        each provider of telecommunications services and its affiliates
        to develop and to implement an outreach program to inform and
        recruit business enterprises that are owned by minorities or
        women to apply for procurement contracts under this Act.
            (4) Enforcement.--The Commission shall establish and
        promulgate such regulations necessary to enforce the provisions
        of this Act.
    (c) Waiver Authority.--The requirements of this section may be
waived, in whole or in part, by the Commission with respect to a
particular contract or subcontract in accordance with guidelines set
forth in regulations which the Commission shall prescribe when it
determines that the application of such regulations prove to result in
undue hardship or unreasonable expense to a provider of
telecommunications services.

SEC. 4. SANCTIONS AND REMEDIES.

    (a) False Representation of Businesses; Sanctions.--
            (1) In general.--Any person or corporation, through its
        directors, officers, or agent, which falsely represents the
        business as a business enterprise that is owned by minorities
        or women in the procurement or attempt to procure contracts
        from telephone operating companies and their affiliates
        pursuant to this article, shall be punished by a fine of not
        more than $5,000, or by imprisonment for a period not to exceed
        5 years of its directors, officers, or agents responsible for
        the false statements, or by both fine and imprisonment.
            (2) Holding companies.--Any provider of telecommunications
        services which falsely represents its annual report to the
        Commission or its implementation of its programs pursuant to
        this section shall be subject to a fine of $100,000 and be
        subject to a penalty of up to 5 years restriction from
        participation in lines of business activities provided for in
        this Act.
    (b) Independent Cause of Action, Remedies, and Attorney Fees.--
            (1) Discrimination prohibited.--No otherwise qualified
        business enterprise that is owned by minorities or women shall
        solely, by reason of its racial, ethnic, or gender composition
        be excluded from the participation in, be denied the benefits
        of, or be subjected to discrimination in procuring contracts
        from telephone utilities.
            (2) Civil actions authorized.--Whenever a qualified
        business enterprise that is owned by minorities or women has
        reasonable cause to believe that a provider of
        telecommunications services or its affiliate is engaged in a
        pattern or practice of resistance to the full compliance of any
        provision of this Act, the business enterprise may bring a
        civil action in the appropriate district court of the United
        States against the provider of telecommunications services or
        its affiliate requesting such monetary or injunctive relief, or
        both, as deemed necessary to ensure the full benefits of this
        Act.
            (3) Attorneys' fees and costs.--In any action or proceeding
        to enforce or charge of a violation of a provision of this Act,
        the court, in its discretion, may allow the prevailing party
        reasonable attorneys' fees and costs.

SEC. 5. DEFINITIONS.

    For the purpose of this Act, the following definitions apply:
            (1) The term ``business enterprise owned by minorities or
        women'' means--
                    (A) a business enterprise that is at least 51
                percent owned by a person or persons who are minority
                persons or women; or
                    (B) in the case of any publicly owned business, at
                least 51 percent of the stock of which is owned by one
                or more persons who are minority persons or women, and
                whose management and daily business operations are
                controlled by one or more of those persons.
            (2) The term ``minority person'' means persons who are
        Black Americans, Hispanic Americans, Native Americans, Asian
        Americans, and Pacific Americans.
            (3) The term ``control'' means exercising the power to make
        financial and policy decisions.
            (4) The term ``operate'' means the active involvement in
        the day-to-day management of the business and not merely being
        officers or directors.
            (5) The term ``Commission'' means the Federal
        Communications Commission.
            (6) The term ``telecommunications service'' means the
        offering, on a common carrier basis, of telecommunications
        facilities, or of telecommunications by means of such
        facilities. Such term does not include an information service.

Summary: Telecommunications Economic Opportunity Act of 1995 - Directs the Federal Communications Commission (FCC) to require each provider of telecommunications services (provider) to submit annually a detailed and verifiable plan for increasing its procurement from businesses that are owned by minorities and women in all categories of procurement in which minorities are underrepresented. Requires each provider to report annually to the FCC regarding implementation of programs established under this Act. Directs the FCC to report annually to the Congress on the progress of activities undertaken by each provider. Directs the FCC to establish regulations for: (1) implementing programs under this Act. And (2) verifying and determining the eligibility of businesses owned by minorities and women. Requires each provider and its affiliates to develop and implement an outreach program to inform and recruit eligible businesses to apply for procurement contracts under this Act. Allows for the waiver of such requirements when their application to a provider results in undue hardship or unreasonable expense. Provides sanctions and remedies in the case of: (1) a business that falsely represents itself as a business owned by minorities or women. Or (2) a provider which makes false representations in its annual report to the FCC or in its implementation of programs under this Act. Prohibits discrimination against eligible businesses attempting to procure contracts from telephone utilities. Authorizes civil actions by eligible businesses to enforce the provisions of this Act.


16, 110th Congress, agreed
        to in the Senate March 1, 2007, and House Concurrent Resolution
        80, 110th Congress, agreed to in the House of Representatives
        June 18, 2007.

SEC. 4. REQUIREMENT OF A REGIONAL STRATEGY FOR DISARMING THE LORD'S
              RESISTANCE ARMY.

    (a) Requirement for Strategy.--Not later than 180 days after the
date of the enactment of this Act, the President shall develop and
submit to the appropriate committees of Congress a regional strategy to
guide United States support for multilateral efforts to protect
civilians from attacks by the Lord's Resistance Army, to eliminate the
threat to civilians and regional stability posed by the Lord's
Resistance Army, and to enforce the rule of law and ensure full
humanitarian access in LRA-affected areas.
    (b) Content of Strategy.--The strategy should include the
following:
            (1) A viable plan to protect civilians from attacks by the
        Lord's Resistance Army and eliminate the threat posed by the
        Lord's Resistance Army, while building institutions in the
        affected areas that can help to maintain the rule of law and
        prevent conflict in the long term.
            (2) An interagency framework to plan, coordinate, and
        execute all diplomatic economic, intelligence, and military
        elements of United States policy across the region regarding
        the Lord's Resistance Army.
            (3) A description of the type and form of diplomatic
        engagement to work with regional mechanisms, including the
        Tripartite Plus Commission and the Great Lakes Pact, and to
        coordinate the implementation of United States policy toward
        the Lord's Resistance Army across the region.
            (4) A description of how this engagement will fit within
        the context of broader efforts and policy objectives in the
        Great Lakes Region.
            (5) A framework to evaluate the progress and effectiveness
        of the United States strategy toward eliminating the threat
        posed by the Lord's Resistance Army.
    (c) Form.--The strategy under this section shall be submitted in
unclassified form, but may include a classified annex.

SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY
              THE LORD'S RESISTANCE ARMY.

    (a) Authority.--In accordance with section 491 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration
and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is
authorized to provide assistance to respond to the humanitarian needs
of populations in northeastern Congo, southern Sudan, and Central
African Republic affected by the activity of the Lord's Resistance
Army.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for fiscal year 2010 to carry out this
section.

SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA.

    (a) Authority.--It is the sense of Congress that the President
should support efforts by the people of northern Uganda and the
Government of Uganda--
            (1) to assist internally displaced people in transition and
        returnees to secure durable solutions by spurring economic
        revitalization, supporting livelihoods, helping to alleviate
        poverty, and advancing access to basic services at return
        sites, specifically clean water, health care, and schools;
            (2) to enhance the accountability and administrative
        competency of local governance institutions and public agencies
        in northern Uganda with regard to budget management, provision
        of public goods and services, and related oversight functions;
            (3) to strengthen the operational capacity of the civilian
        police in northern Uganda to enhance public safety, prevent
        crime, and deal sensitively with gender-based violence, while
        strengthening accountability measures to prevent corruption and
        abuses;
            (4) to rebuild and improve the capacity of the justice
        system in northern Uganda, including the courts and penal
        systems, with particular sensitivity to the needs and rights of
        women and children;
            (5) to establish mechanisms for the disarmament,
        demobilization, and reintegration of former combatants,
        including vocational education and employment opportunities;
        and
            (6) to promote programs to address psychosocial trauma,
        particularly post-traumatic stress disorder.
    (b) Future Year Funding.--It is the sense of Congress that the
Secretary of State and Administrator of the United States Agency for
International Development should work with the appropriate committees
of Congress to increase assistance in future fiscal years to support
activities described in this section if the Government of Uganda
demonstrates a commitment to transparent and accountable reconstruction
in war-affected areas of northern and eastern Uganda, specifically by--
            (1) finalizing the establishment of mechanisms within the
        Office of the Prime Minister to sufficiently manage and
        coordinate the programs under the framework of the Peace
        Recovery and Development Plan for Northern Uganda (PRDP);
            (2) increasing oversight activities and reporting to ensure
        funds under the Peace Recovery and Development Plan for
        Northern Uganda framework are used efficiently and with minimal
        waste; and
            (3) committing substantial funds of its own, above and
        beyond standard budget allocations to local governments, to the
        task of implementing the Peace Recovery and Development Plan
        for Northern Uganda such that communities affected by the war
        can recover.
    (c) Coordination With Other Donor Nations.--The United States
should work with other donor nations, on a bilateral and multilateral
basis, to increase contributions for recovery efforts in northern
Uganda and strengthen accountability mechanisms to ensure the
transparent and timely use of those funds.
    (d) Termination of Assistance.--It is the sense of Congress that
the Secretary of State should withhold bilateral assistance to the
Republic of Uganda for the purposes described under this section if the
Secretary determines that the Government of Uganda is not committed to
transparent and accountable reconstruction and reconciliation in the
war-affected areas of northern and eastern Uganda.

SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN
              NORTHERN UGANDA.

    (a) Sense of Congress.--It is the sense of Congress that the
President should support efforts by the people of northern Uganda and
the Government of Uganda to advance efforts to promote transitional
justice and reconciliation on both local and national levels, including
to implement the following mechanisms outlined in the Annexure to the
Agreement on Accountability and Reconciliation between the Government
of Uganda and the Lord's Resistance Army/Movement, signed at Juba
February 19, 2008, namely--
            (1) a body to investigate the history of the conflict,
        inquire into human rights violations committed during the
        conflict by all sides, promote truth-telling in communities,
        and encourage the preservation of the memory of events and
        victims of the conflict through memorials, archives,
        commemorations, and other forms of preservation;
            (2) a special division of the High Court of Uganda to try
        individuals alleged to have committed serious crimes during the
        conflict, and a special unit to carry out investigations and
        prosecutions in support of trials;
            (3) a system for making reparations to victims of the
        conflict; and
            (4) a review and strategy for supporting transitional
        justice mechanisms in affected areas to promote reconciliation
        and encourage individuals to take personal responsibility for
        their conduct during the war.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2010 through 2012 to
carry out this section.

SEC. 8. REPORT.

    (a) Report Required.--Not later than 1 year after the submission of
the strategy required under section 4, the Secretary of State shall
prepare and submit to the appropriate committees of Congress a report
on the progress made toward the implementation of the strategy required
under section 4 and a description and evaluation of the assistance
provided under this Act toward the policy objectives described in
section 3.
    (b) Contents.--The report required under section (a) shall
include--
            (1) a description and evaluation of actions taken toward
        the implementation of the strategy required under section 4;
            (2) a description of assistance provided under section 5
        and section 6;
            (3) an evaluation of bilateral assistance provided to the
        Republic of Uganda and associated programs in light of stated
        policy objectives;
            (4) a description of the status of the Peace Recovery and
        Development Plan for Northern Uganda and the progress of the
        Government of Uganda to take the steps outlined in section
        6(b); and
            (5) a description of amounts of assistance committed, and
        amounts provided, to northern Uganda during the reporting
        period by the Government of Uganda, each donor country, and all
        relevant organizations.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term
        ``appropriate committees of Congress'' means the Committee on
        Appropriations and the Committee on Foreign Relations of the
        Senate and the Committee on Appropriations and the Committee on
        International Relations of the House of Representatives.
            (2) Great lakes region.--The term ``Great Lakes Region''
        means the region comprising Burundi, Democratic Republic of
        Congo, Rwanda, southern Sudan, and Uganda.
            (3) LRA-affected areas.--The term ``LRA-affected areas''
        means the territory affected by the activity of the Lord's
        Resistance Army in the past and as of the date of the enactment
        of this Act, comprising all or parts of northern Uganda,
        southern Sudan, northeastern Democratic Republic of Congo, and
        southeastern Central African Republic.

Summary: Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - Directs the President to submit to the appropriate congressional committees a regional strategy to guide US support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA) and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. Authorizes the President to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by LRA activity. Expresses the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development (USAID) should work with the appropriate congressional committees to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern and eastern Uganda. Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) promote local and national reconciliation including mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA. And (2) assist internally displaced people, establish mechanisms for the demobilization and reintegration of former combatants, and enhance the competency of local institutions including the police.

To support stabilization and lasting peace in northern Uganda and areas affected by the Lord's Resistance Army through development of a regional strategy to support multilateral efforts to successfully protect civilians and eliminate the threat posed by the Lord's Resistance Army and to authorize funds for humanitarian relief and reconstruction, reconciliation, and transitional justice, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Cures Act''.

SEC. 2. CAP ADJUSTMENT.

    (a) In General.--Section 251(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended--
            (1) by redesignating subparagraph (D) as subparagraph (E);
        and
            (2) by inserting after subparagraph (C), the following:
                    ``(D) Biomedical research.--
                            ``(i) National institutes of health.--If a
                        bill or joint resolution making appropriations
                        for a fiscal year is enacted that specifies
                        amounts for the National Institutes of Health
                        at the Department of Health and Human Services,
                        then the adjustments for that fiscal year shall
                        be the amount of additional new budget
                        authority provided in that Act for such
                        programs for that fiscal year, but shall not
                        exceed--
                                    ``(I) for fiscal year 2016,
                                $1,741,000,000 in additional new budget
                                authority;
                                    ``(II) for fiscal year 2017,
                                $3,422,000,000 in additional new budget
                                authority;
                                    ``(III) for fiscal year 2018,
                                $5,167,000,000 in additional new budget
                                authority;
                                    ``(IV) for fiscal year 2019,
                                $7,085,000,000 in additional new budget
                                authority;
                                    ``(V) for fiscal year 2020,
                                $9,149,000,000 in additional new budget
                                authority; and
                                    ``(VI) for fiscal year 2021,
                                $11,435,000,000 in additional new
                                budget authority.
                            ``(ii) Centers for disease control and
                        prevention.--If a bill or joint resolution
                        making appropriations for a fiscal year is
                        enacted that specifies amounts for the Centers
                        for Disease Control and Prevention at the
                        Department of Health and Human Services, then
                        the adjustments for that fiscal year shall be
                        the amount of additional new budget authority
                        provided in that Act for such programs for that
                        fiscal year, but shall not exceed--
                                    ``(I) for fiscal year 2016,
                                $716,000,000 in additional new budget
                                authority;
                                    ``(II) for fiscal year 2017,
                                $1,287,000,000 in additional new budget
                                authority;
                                    ``(III) for fiscal year 2018,
                                $1,503,000,000 in additional new budget
                                authority;
                                    ``(IV) for fiscal year 2019,
                                $1,980,000,000 in additional new budget
                                authority;
                                    ``(V) for fiscal year 2020,
                                $2,298,000,000 in additional new budget
                                authority; and
                                    ``(VI) for fiscal year 2021,
                                $2,884,000,000 in additional new budget
                                authority.
                            ``(iii) Department of defense health
                        program.--If a bill or joint resolution making
                        appropriations for a fiscal year is enacted
                        that specifies amounts for the Department of
                        Defense health program, then the adjustments
                        for that fiscal year shall be the amount of
                        additional new budget authority provided in
                        that Act for such programs for that fiscal
                        year, but shall not exceed--
                                    ``(I) for fiscal year 2016,
                                $57,402,000 in additional new budget
                                authority;
                                    ``(II) for fiscal year 2017,
                                $139,213,000 in additional new budget
                                authority;
                                    ``(III) for fiscal year 2018,
                                $226,460,000 in additional new budget
                                authority;
                                    ``(IV) for fiscal year 2019,
                                $322,742,000 in additional new budget
                                authority;
                                    ``(V) for fiscal year 2020,
                                $425,700,000 in additional new budget
                                authority; and
                                    ``(VI) for fiscal year 2021,
                                $540,000,000 in additional new budget
                                authority.
                            ``(iv) Medical and prosthetics research
                        program of the department of veterans
                        affairs.--If a bill or joint resolution making
                        appropriations for a fiscal year is enacted
                        that specifies amounts for the medical and
                        prosthetics research program of the Department
                        of Veterans Affairs, then the adjustments for
                        that fiscal year shall be the amount of
                        additional new budget authority provided in
                        that Act for such programs for that fiscal
                        year, but shall not exceed--
                                    ``(I) for fiscal year 2016,
                                $25,201,000 in additional new budget
                                authority;
                                    ``(II) for fiscal year 2017,
                                $52,945,000 in additional new budget
                                authority;
                                    ``(III) for fiscal year 2018,
                                $80,866,000 in additional new budget
                                authority;
                                    ``(IV) for fiscal year 2019,
                                $112,189,000 in additional new budget
                                authority;
                                    ``(V) for fiscal year 2020,
                                $146,157,000 in additional new budget
                                authority; and
                                    ``(VI) for fiscal year 2021,
                                $184,027,000 in additional new budget
                                authority.
                            ``(v) Definitions.--As used in this
                        subparagraph:
                                    ``(I) Additional new budget
                                authority.--The term `additional new
                                budget authority' means--
                                            ``(aa) with respect to the
                                        National Institutes of Health,
                                        the amount provided for a
                                        fiscal year, in excess of the
                                        amount provided in fiscal year
                                        2015, in an appropriation Act
                                        and specified to support the
                                        National Institutes of Health;
                                            ``(bb) with respect to the
                                        Centers for Disease Control and
                                        Prevention, the amount provided
                                        for a fiscal year, in excess of
                                        the amount provided in fiscal
                                        year 2015, in an appropriation
                                        Act and specified to support
                                        the Centers for Disease Control
                                        and Prevention;
                                            ``(cc) with respect to the
                                        Department of Defense health
                                        program, the amount provided
                                        for a fiscal year, in excess of
                                        the amount provided in fiscal
                                        year 2015, in an appropriation
                                        Act and specified to support
                                        the Department of Defense
                                        health program; and
                                            ``(dd) with respect to the
                                        medical and prosthetics
                                        research program of the
                                        Department of Veterans Affairs,
                                        the amount provided for a
                                        fiscal year, in excess of the
                                        amount provided in fiscal year
                                        2015, in an appropriation Act
                                        and specified to support the
                                        medical and prosthetics
                                        research program of the
                                        Department of Veterans Affairs.
                                    ``(II) Centers for disease control
                                and prevention.--The term `Centers for
                                Disease Control and Prevention' means
                                the appropriations accounts that
                                support the various institutes,
                                offices, and centers that make up the
                                Centers for Disease Control and
                                Prevention.
                                    ``(III) Department of defense
                                health program.--The term `Department
                                of Defense health program' means the
                                appropriations accounts that support
                                the various institutes, offices, and
                                centers that make up the Department of
                                Defense health program.
                                    ``(IV) Medical and prosthetics
                                research program of the department of
                                veterans affairs.--The term `medical
                                and prosthetics research program of the
                                Department of Veterans Affairs' means
                                the appropriations accounts that
                                support the various institutes,
                                offices, and centers that make up the
                                medical and prosthetics research
                                program of the Department of Veterans
                                Affairs.
                                    ``(V) National institutes of
                                health.--The term `National Institutes
                                of Health' means the appropriations
                                accounts that support the various
                                institutes, offices, and centers that
                                make up the National Institutes of
                                Health.''.
    (b) Funding.--There are hereby authorized to be appropriated--
            (1) for the National Institutes of Health, the amounts
        provided for under clause (i) of such section 251(b)(2)(D) in
        each of fiscal years 2016 through 2021, and such sums as may be
        necessary for each subsequent fiscal year;
            (2) for the Secretary of Health and Human Services, acting
        through the Centers for Disease Control and Prevention, the
        amounts provided for under clause (ii) of such section
        251(b)(2)(D) in each of fiscal years 2016 through 2021, and
        such sums as may be necessary for each subsequent fiscal year;
            (3) for the Department of Defense health program, the
        amounts provided for under clause (iii) of such section
        251(b)(2)(D) in each of fiscal years 2016 through 2021, and
        such sums as may be necessary for each subsequent fiscal year;
        and
            (4) for the Medical and prosthetics research program of the
        Department of Veterans Affairs, the amounts provided for under
        clause (iv) of such section 251(b)(2)(D) in each of fiscal
        years 2016 through 2021, and such sums as may be necessary for
        each subsequent fiscal year.
    (c) Minimum Continued Funding Requirement.--Amounts appropriated
for each of the programs and agencies described in section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of 1985 (as
added by subsection (a)) for each of fiscal years 2016 through 2021,
and each subsequent fiscal year, shall not be less than the amounts
appropriated for such programs and agencies for fiscal year 2015.
    (d) Exemption of Certain Appropriations From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced
        Budget and Emergency Deficit Control Act (2 U.S.C.
        905(g)(1)(A)) is amended by inserting after ``Advances to the
        Unemployment Trust Fund and Other Funds (16-0327-0-1-600).''
        the following:
                            ``Appropriations under the American Cures
                        Act.''.
            (2) Applicability.--The amendment made by this section
        shall apply to any sequestration order issued under the
        Balanced Budget and Emergency Deficit Control Act of 1985 (2
        U.S.C. 900 et seq.) on or after the date of enactment of this
        Act.

Summary: American Cures Act This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2016-FY2021 to accommodate increases in appropriations for agencies that perform biomedical research. Adjustments are required for the National Institutes of Health, the Centers for Diseases Control and Prevention, the Department of Defense health program, and the Department of Veterans Affairs medical and prosthetics research program. The bill also requires annual appropriations for each of the programs and agencies referenced in this bill to be at least the amount appropriated in FY2015. The bill exempts appropriations provided pursuant to this bill from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.

American Cures Act


SECTION 1. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Secretary of Agriculture (referred to in this Act
        as the ``Secretary'') administers the 191,000,000-acre National
        Forest System for multiple uses in accordance with Federal law;
            (2) where suitable, one of the recognized multiple uses for
        National Forest System land is grazing by livestock;
            (3) the Secretary authorizes grazing through the issuance
        of term grazing permits that have terms of not to exceed 10
        years and that include terms and conditions necessary for the
        proper administration of National Forest System land and
        resources;
            (4) as of the date of enactment of this Act, the Secretary
        has issued approximately 9,000 term grazing permits authorizing
        grazing on approximately 90,000,000 acres of National Forest
        System land;
            (5) of the approximately 9,000 term grazing permits issued
        by the Secretary, approximately one-half have expired or will
        expire by the end of 1996;
            (6) if the holder of an expiring term grazing permit has
        complied with the terms and conditions of the permit and
        remains eligible and qualified, that individual is considered
        to be a preferred applicant for a new term grazing permit in
        the event that the Secretary determines that grazing remains an
        appropriate use of the affected National Forest System land;
            (7) in addition to the approximately 9,000 term grazing
        permits issued by the Secretary, it is estimated that as many
        as 1,600 term grazing permits may be waived by permit holders
        to the Secretary in favor of a purchaser of the permit holder's
        permitted livestock or base property by the end of 1996;
            (8) to issue new term grazing permits, the Secretary must
        comply with the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.) and other laws;
            (9) for a large percentage of the grazing permits that will
        expire or be waived to the Secretary by the end of 1996, the
        Secretary has devised a strategy that will result in compliance
        with the National Environmental Policy Act of 1969 and other
        applicable laws (including regulations) in a timely and
        efficient manner and enable the Secretary to issue new term
        grazing permits, where appropriate;
            (10) for a small percentage to the grazing permits that
        will expire or be waived to the Secretary by the end of 1996,
        the strategy will not provide for the timely issuance of new
        term grazing permits; and
            (11) in cases in which ranching operations involve the use
        of a term grazing permit issued by the Secretary, it is
        essential for new term grazing permits to be issued in a timely
        manner for financial and other reasons.
    (b) Purpose.--The purpose of this Act is to ensure that graving
continues without interruption on National Forest System land in a
manner that provides long-term protection of the environment and
improvement of National Forest System rangeland resources while also
providing short-term certainty to holders of expiring term grazing
permits and purchasers of a permit holder's permitted livestock or base
property.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Expiring term grazing permit.--The term ``expiring term
        grazing permit'' means a term grazing permit--
                    (A) that expires in 1995 or 1996; or
                    (B) that expired in 1994 and was not replaced with
                a new term grazing permit solely because the analysis
                required by the National Environmental Policy Act of
                1969 (42 U.S.C. 4321 et seq.) and other applicable laws
                has not been completed.
            (2) Final agency action.--The term ``final agency action''
        means agency action with respect to which all available
        administrative remedies have been exhausted.
            (3) Term grazing permit.--The term ``term grazing permit''
        means a term'' grazing permit'' or grazing agreement issued by
        the Secretary under section 402 of the Federal Land Policy and
        Management Act of 1976 (43 U.S.C. 1752), section 19 of the Act
        entitled ``An Act to facilitate and simplify the work of the
        Forest Service, and for other purposes'', approved April 24,
        1950 (commonly known as the ``Granger-Thye Act'') (16 U.S.C.
        580l), or other law.

SEC. 3. ISSUANCE OF NEW TERM GRAZING PERMITS.

    (a) In General.--Notwithstanding any other law, the Secretary shall
issue a new term grazing permit without regard to whether the analysis
required by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other applicable laws has been completed, or final
agency action respecting the analysis has been taken--
            (1) to the holder of an expiring term grazing permit; or
            (2) to the purchaser of a term grazing permit holder's
        permitted livestock or base property if--
                    (A) between January 1, 1995, and December 1, 1996,
                the holder has waived the term grazing permit to the
                Secretary pursuant to section 222.3(c)(1)(iv) of title
                36, Code of Federal Regulations; and
                    (B) the purchaser of the term grazing permit
                holder's permitted livestock or base property is
                eligible and qualified to hold a term grazing permit.
    (b) Terms and Conditions.--Except as provided in subsection (c)--
            (1) a new term grazing permit under subsection (a)(1) shall
        contain the same terms and conditions as the expired term
        grazing permit; and
            (2) a new term grazing permit under subsection (a)(2) shall
        contain the same terms and conditions as the waived permit.
    (c) Duration.--
            (1) In general.--A new term grazing permit under subsection
        (a) shall expire on the earlier of--
                    (A) the date that is 3 years after the date on
                which it is issued; or
                    (B) the date on which final agency action is taken
                with respect to the analysis required by the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                seq.) and other applicable laws.
            (2) Final action in less than 3 years.--If final agency
        action is taken with respect to the analysis required by the
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
        seq.) and other applicable laws before the date that is 3 years
        after the date on which a new term grazing permit is issued
        under subsection (a), the Secretary shall--
                    (A) cancel the new term grazing permit; and
                    (B) if appropriate, issue a term grazing permit for
                a term not to exceed 10 years under terms and
                conditions as are necessary for the proper
                administration of National Forest System rangeland
                resources.
    (d) Date of Issuance.--
            (1) Expiration on or before date of enactment.--In the case
        of an expiring term grazing permit that has expired on or
        before the date of enactment of this Act, the Secretary shall
        issue a new term grazing permit under subsection (a)(1) not
        later than 15 days after the date of enactment of this Act.
            (2) Expiration after date of enactment.--In the case of an
        expiring term grazing permit that expires after the date of
        enactment of this Act, the Secretary shall issue a new term
        grazing permit under subsection (a)(1) on expiration of the
        expiring term grazing permit.
            (3) Waived permits.--In the case of a term grazing permit
        waived to the Secretary pursuant to section 222.3(c)(1)(iv) of
        title 36, Code of Federal Regulations, between January 1, 1995,
        and December 31, 1996, the Secretary shall issue a new term
        grazing permit under subsection (a)(2) not later than 60 days
        after the date on which the holder waives a term grazing permit
        to the Secretary.

SEC. 4. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.

    The issuance of a new term grazing permit under section 3(a) shall
not be subject to administrative appeal or judicial review.

SEC. 5. REPEAL.

    This Act is repealed effective as of January 1, 2001.

Summary: Requires the Secretary of Agriculture to issue new term grazing permits for National Forest System lands to replace previously issued expired or expiring permits.

To require the Secretary of Agriculture to issue new term permits for grazing on National Forest System lands, to replace previously issued term grazing permits that have expired, soon will expire, or are waived to the Secretary, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Show Background Check Act of
2008''.

SEC. 2. GUN SHOW BACKGROUND CHECK.

    (a) Findings.--Congress finds that--
            (1) approximately 5,200 traditional gun shows are held
        annually across the United States, attracting thousands of
        attendees per show and hundreds of Federal firearms licensees
        and nonlicensed firearms sellers;
            (2) traditional gun shows, as well as flea markets and
        other organized events, at which a large number of firearms are
        offered for sale by Federal firearms licensees and nonlicensed
        firearms sellers, form a significant part of the national
        firearms market;
            (3) firearms and ammunition that are exhibited or offered
        for sale or exchange at gun shows, flea markets, and other
        organized events move easily in and substantially affect
        interstate commerce;
            (4) in fact, even before a firearm is exhibited or offered
        for sale or exchange at a gun show, flea market, or other
        organized event, the gun, its component parts, ammunition, and
        the raw materials from which it is manufactured have moved in
        interstate commerce;
            (5) gun shows, flea markets, and other organized events at
        which firearms are exhibited or offered for sale or exchange,
        provide a convenient and centralized commercial location at
        which firearms may be bought and sold anonymously, often
        without background checks and without records that enable gun
        tracing;
            (6) at gun shows, flea markets, and other organized events
        at which guns are exhibited or offered for sale or exchange,
        criminals and other prohibited persons obtain guns without
        background checks and frequently use guns that cannot be traced
        to later commit crimes;
            (7) since the enactment of the Brady Handgun Violence
        Prevention Act (Public Law 103-159; 107 Stat. 1536) in 1993,
        nearly 70,000,000 background checks have been performed by
        Federal firearms licensees, denying guns to 1,360,000 illegal
        buyers;
            (8) many persons who buy and sell firearms at gun shows,
        flea markets, and other organized events cross State lines to
        attend these events and engage in the interstate transportation
        of firearms obtained at these events;
            (9) gun violence is a pervasive, national problem that is
        exacerbated by the availability of guns at gun shows, flea
        markets, and other organized events;
            (10) firearms associated with gun shows have been
        transferred illegally to residents of another State by Federal
        firearms licensees and nonlicensed firearms sellers, and have
        been involved in subsequent crimes including drug offenses,
        crimes of violence, property crimes, and illegal possession of
        firearms by felons and other prohibited persons; and
            (11) Congress has the power, under the interstate commerce
        clause and other provisions of the Constitution of the United
        States, to ensure, by enactment of this Act, that criminals and
        other prohibited persons do not obtain firearms at gun shows,
        flea markets, and other organized events.
    (b) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
            ``(36) Gun show.--The term `gun show' means any event--
                    ``(A) at which 50 or more firearms are offered or
                exhibited for sale, transfer, or exchange, if 1 or more
                of the firearms has been shipped or transported in, or
                otherwise affects, interstate or foreign commerce; and
                    ``(B) at which--
                            ``(i) not fewer than 20 percent of the
                        exhibitors are firearm exhibitors;
                            ``(ii) there are not fewer than 10 firearm
                        exhibitors; or
                            ``(iii) 50 or more firearms are offered for
                        sale, transfer, or exchange.
            ``(37) Gun show promoter.--The term `gun show promoter'
        means any person who organizes, plans, promotes, or operates a
        gun show.
            ``(38) Gun show vendor.--The term `gun show vendor' means
        any person who exhibits, sells, offers for sale, transfers, or
        exchanges 1 or more firearms at a gun show, regardless of
        whether or not the person arranges with the gun show promoter
        for a fixed location from which to exhibit, sell, offer for
        sale, transfer, or exchange 1 or more firearms.''.
    (c) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of title 18, United States
        Code, is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
    ``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
            ``(1) registers with the Attorney General in accordance
        with regulations promulgated by the Attorney General; and
            ``(2) pays a registration fee, in an amount determined by
        the Attorney General.
    ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
            ``(1) before commencement of the gun show, verifies the
        identity of each gun show vendor participating in the gun show
        by examining a valid identification document (as defined in
        section 1028(d)(3)) of the vendor containing a photograph of
        the vendor;
            ``(2) before commencement of the gun show, requires each
        gun show vendor to sign--
                    ``(A) a ledger with identifying information
                concerning the vendor; and
                    ``(B) a notice advising the vendor of the
                obligations of the vendor under this chapter;
            ``(3) notifies each person who attends the gun show of the
        requirements of this chapter, in accordance with such
        regulations as the Attorney General shall prescribe; and
            ``(4) maintains a copy of the records described in
        paragraphs (1) and (2) at the permanent place of business of
        the gun show promoter for such period of time and in such form
        as the Attorney General shall require by regulation.
    ``(c) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction
        takes place at a gun show, it shall be unlawful for any person
        who is not licensed under this chapter to transfer a firearm to
        another person who is not licensed under this chapter, unless
        the firearm is transferred through a licensed importer,
        licensed manufacturer, or licensed dealer in accordance with
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject
        to the requirement of paragraph (1)--
                    ``(A) shall not transfer the firearm to the
                transferee until the licensed importer, licensed
                manufacturer, or licensed dealer through which the
                transfer is made under subsection (e) makes the
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not
                transfer the firearm to the transferee if the licensed
                importer, licensed manufacturer, or licensed dealer
                through which the transfer is made under subsection (e)
                makes the notification described in subsection
                (e)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in
        this section shall permit or authorize the Attorney General to
        impose recordkeeping requirements on any nonlicensed vendor.
    ``(d) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction
        takes place at a gun show, it shall be unlawful for any person
        who is not licensed under this chapter to receive a firearm
        from another person who is not licensed under this chapter,
        unless the firearm is transferred through a licensed importer,
        licensed manufacturer, or licensed dealer in accordance with
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject
        to the requirement of paragraph (1)--
                    ``(A) shall not receive the firearm from the
                transferor until the licensed importer, licensed
                manufacturer, or licensed dealer through which the
                transfer is made under subsection (e) makes the
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not
                receive the firearm from the transferor if the licensed
                importer, licensed manufacturer, or licensed dealer
                through which the transfer is made under subsection (e)
                makes the notification described in subsection
                (e)(3)(B).
    ``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
            ``(1) enter such information about the firearm as the
        Attorney General may require by regulation into a separate
        bound record;
            ``(2) record the transfer on a form specified by the
        Attorney General;
            ``(3) comply with section 922(t) as if transferring the
        firearm from the inventory of the licensed importer, licensed
        manufacturer, or licensed dealer to the designated transferee
        (although a licensed importer, licensed manufacturer, or
        licensed dealer complying with this subsection shall not be
        required to comply again with the requirements of section
        922(t) in delivering the firearm to the nonlicensed
        transferor), and notify the nonlicensed transferor and the
        nonlicensed transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the
                requirements of section 922(t)(1), of any receipt by
                the licensed importer, licensed manufacturer, or
                licensed dealer of a notification from the national
                instant criminal background check system that the
                transfer would violate section 922 or would violate
                State law;
            ``(4) not later than 10 days after the date on which the
        transfer occurs, submit to the Attorney General a report of the
        transfer, which report--
                    ``(A) shall be on a form specified by the Attorney
                General by regulation; and
                    ``(B) shall not include the name of or other
                identifying information relating to any person involved
                in the transfer who is not licensed under this chapter;
            ``(5) if the licensed importer, licensed manufacturer, or
        licensed dealer assists a person other than a licensee in
        transferring, at 1 time or during any 5 consecutive business
        days, 2 or more pistols or revolvers, or any combination of
        pistols and revolvers totaling 2 or more, to the same
        nonlicensed person, in addition to the reports required under
        paragraph (4), prepare a report of the multiple transfers,
        which report shall be--
                    ``(A) prepared on a form specified by the Attorney
                General; and
                    ``(B) not later than the close of business on the
                date on which the transfer occurs, forwarded to--
                            ``(i) the office specified on the form
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law
                        enforcement agency of the jurisdiction in which
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the
        permanent business records of the licensed importer, licensed
        manufacturer, or licensed dealer.
    ``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, and licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Attorney General a report of the transfer, which report--
            ``(1) shall be in a form specified by the Attorney General
        by regulation;
            ``(2) shall not include the name of or other identifying
        information relating to the transferee; and
            ``(3) shall not duplicate information provided in any
        report required under subsection (e)(4).
    ``(g) Firearm Transaction Defined.--In this section, the term
`firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or
        exchange of a firearm; and
            ``(2) does not include the mere exhibition of a firearm.''.
            (2) Penalties.--Section 924(a) of title 18, United States
        Code, is amended by adding at the end the following:
            ``(8)(A) Whoever knowingly violates section 932(a) shall be
        fined under this title, imprisoned not more than 5 years, or
        both.
            ``(B) Whoever knowingly violates subsection (b) or (c) of
        section 932, shall be--
                    ``(i) fined under this title, imprisoned not more
                than 2 years, or both; and
                    ``(ii) in the case of a second or subsequent
                conviction, fined under this title, imprisoned not more
                than 5 years, or both.
            ``(C) Whoever willfully violates section 932(d), shall be--
                    ``(i) fined under this title, imprisoned not more
                than 2 years, or both; and
                    ``(ii) in the case of a second or subsequent
                conviction, fined under this title, imprisoned not more
                than 5 years, or both.
            ``(D) Whoever knowingly violates subsection (e) or (f) of
        section 932 shall be fined under this title, imprisoned not
        more than 5 years, or both.
            ``(E) In addition to any other penalties imposed under this
        paragraph, the Attorney General may, with respect to any person
        who knowingly violates any provision of section 932--
                    ``(i) if the person is registered pursuant to
                section 932(a), after notice and opportunity for a
                hearing, suspend for not more than 6 months or revoke
                the registration of that person under section 932(a);
                and
                    ``(ii) impose a civil fine in an amount equal to
                not more than $10,000.''.
            (3) Technical and conforming amendments.--Chapter 44 of
        title 18, United States Code, is amended--
                    (A) in the chapter analysis, by adding at the end
                the following:

``Sec. 932. Regulation of firearms transfers at gun shows.'';
        and
                    (B) in the first sentence of section 923(j), by
                striking ``a gun show or event'' and inserting ``an
                event''.
    (d) Inspection Authority.--Section 923(g)(1) is amended by adding
at the end the following:
                    ``(E) Notwithstanding subparagraph (B), the
                Attorney General may enter during business hours the
                place of business of any gun show promoter and any
                place where a gun show is held for the purposes of
                examining the records required by sections 923 and 932
                and the inventory of licensees conducting business at
                the gun show. Such entry and examination shall be
                conducted for the purposes of determining compliance
                with this chapter by gun show promoters and licensees
                conducting business at the gun show and shall not
                require a showing of reasonable cause or a warrant.''.
    (e) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of title 18, United States Code, is
amended to read as follows:
            ``(3)(A) Except as provided in subparagraph (B), any
        licensed dealer, licensed importer, licensed manufacturer, or
        licensed collector who knowingly makes any false statement or
        representation with respect to the information required by this
        chapter to be kept in the records of a person licensed under
        this chapter, or violates section 922(m) shall be fined under
        this title, imprisoned not more than 1 year, or both.
            ``(B) If the violation described in subparagraph (A) is in
        relation to an offense--
                    ``(i) under paragraph (1) or (3) of section 922(b),
                such person shall be fined under this title, imprisoned
                not more than 5 years, or both; or
                    ``(ii) under subsection (a)(6) or (d) of section
                922, such person shall be fined under this title,
                imprisoned not more than 10 years, or both.''.
    (f) Increased Penalties for Violations of Criminal Background Check
Requirements.--
            (1) Penalties.--Section 924(a) of title 18, United States
        Code, is amended--
                    (A) in paragraph (5), by striking ``subsection (s)
                or (t) of section 922'' and inserting ``section
                922(s)''; and
                    (B) by adding at the end the following:
            ``(9) Whoever knowingly violates section 922(t) shall be
        fined under this title, imprisoned not more than 5 years, or
        both.''.
            (2) Elimination of certain elements of offense.--Section
        922(t)(5) of title 18, United States Code, is amended by
        striking ``and, at the time'' and all that follows through
        ``State law''.
    (g) Effective Date.--This Act and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.

Summary: Gun Show Background Check Act of 2008 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors. Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations. Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act. Increases penalties for: (1) serious record-keeping violations by licensees, and (2) violations of criminal background check requirements.

A bill to establish background check procedures for gun shows.


SECTION 1. MENTAL ILLNESS RESEARCH, EDUCATION, AND CLINICAL CENTERS.

    (a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following:
``Sec. 7319. Mental illness research, education, and clinical centers
    ``(a) The purpose of this section is to improve the provision of
health-care services and related counseling services to eligible
veterans suffering from mental illness, especially mental illness
related to service-related conditions, through research (including
research on improving mental health service facilities of the
Department and on improving the delivery of mental health services by
the Department), education and training of personnel, and the
development of improved models and systems for the furnishing of mental
health services by the Department.
    ``(b)(1) In order to carry out the purpose of this section, the
Secretary, upon the recommendation of the Under Secretary for Health
and pursuant to the provisions of this subsection, shall--
            ``(A) designate not more than five health-care facilities
        of the Department as the locations for a center of research on
        mental health services, on the use by the Department of
        specific models for furnishing such services, on education and
        training, and on the development and implementation of
        innovative clinical activities and systems of care with respect
        to the delivery of such services by the Department; and
            ``(B) subject to the appropriation of funds for such
        purpose, establish and operate such centers at such locations
        in accordance with this section.
    ``(2) The Secretary shall designate at least one facility under
paragraph (1) not later than January 1, 1996.
    ``(3) The Secretary shall, upon the recommendation of the Under
Secretary for Health, ensure that the facilities designated for centers
under paragraph (1) are located in various geographic regions.
    ``(4) The Secretary may not designate any health-care facility as a
location for a center under paragraph (1) unless--
            ``(A) the peer review panel established under paragraph (5)
        has determined under that paragraph that the proposal submitted
        by such facility as a location for a new center under this
        subsection is among those proposals which have met the highest
        competitive standards of scientific and clinical merit; and
            ``(B) the Secretary, upon the recommendation of the Under
        Secretary for Health, determines that the facility has
        developed (or may reasonably be anticipated to develop)--
                    ``(i) an arrangement with an accredited medical
                school which provides education and training in
                psychiatry and with which the facility is affiliated
                under which arrangement residents receive education and
                training in psychiatry through regular rotation through
                the facility so as to provide such residents with
                training in the diagnosis and treatment of mental
                illness;
                    ``(ii) an arrangement with an accredited graduate
                school of psychology under which arrangement students
                receive education and training in clinical, counseling,
                or professional psychology through regular rotation
                through the facility so as to provide such students
                with training in the diagnosis and treatment of mental
                illness;
                    ``(iii) an arrangement under which nursing, social
                work, or allied health personnel receive training and
                education in mental health care through regular
                rotation through the facility;
                    ``(iv) the ability to attract scientists who have
                demonstrated creativity and achievement in research--
                             ``(I) into the evaluation of innovative
                        approaches to the design of mental health
                        services; or
                            ``(II) into the causes, prevention, and
                        treatment of mental illness;
                    ``(v) a policymaking advisory committee composed of
                appropriate mental health-care and research personnel
                of the facility and of the affiliated school or schools
                to advise the directors of the facility and the center
                on policy matters pertaining to the activities of the
                center during the period of the operation of the
                center; and
                    ``(vi) the capability to evaluate effectively the
                activities of the center, including activities relating
                to the evaluation of specific efforts to improve the
                quality and effectiveness of mental health services
                provided by the Department at or through individual
                facilities.
    ``(5)(A) In order to provide advice to assist the Under Secretary
for Health and the Secretary to carry out their responsibilities under
this section, the official within the Central Office of the Veterans
Health Administration responsible for mental health and behavioral
sciences matters shall establish a panel to assess the scientific and
clinical merit of proposals that are submitted to the Secretary for the
establishment of new centers under this subsection.
    ``(B) The membership of the panel shall consist of experts in the
fields of mental health research, education and training, and clinical
care. Members of the panel shall serve as consultants to the Department
for a period of no longer than six months.
    ``(C) The panel shall review each proposal submitted to the panel
by the official referred to in subparagraph (A) and shall submit its
views on the relative scientific and clinical merit of each such
proposal to that official.
    ``(D) The panel shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
    ``(c) Clinical and scientific investigation activities at each
center may compete for the award of funding from amounts appropriated
for the Department of Veterans Affairs medical and prosthetics research
account and shall receive priority in the award of funding from such
account insofar as funds are awarded to projects and activities
relating to mental illness.
    ``(d) The Under Secretary for Health shall ensure that at least
three centers designated under subsection (b)(1)(A) emphasize research
into means of improving the quality of care for veterans suffering from
mental illness through the development of community-based alternatives
to institutional treatment for such illness.
    ``(e) The Under Secretary for Health shall ensure that useful
information produced by the research, education and training, and
clinical activities of the centers established under subsection (b)(1)
is disseminated throughout the Veterans Health Administration through
publications and through programs of continuing medical and related
education provided through regional medical education centers under
subchapter VI of chapter 74 of this title and through other means.
    ``(f) The official within the Central Office of the Veterans Health
Administration responsible for mental health and behavioral sciences
matters shall be responsible for supervising the operation of the
centers established pursuant to subsection (b)(1).
    ``(g)(1) There are authorized to be appropriated for the Department
of Veterans Affairs for the basic support of the research and education
and training activities of the centers established pursuant to
subsection (b)(1) the following:
            ``(A) $3,125,000 for fiscal year 1996.
            ``(B) $6,250,000 for each of fiscal years 1997 through
        1999.
    ``(2) In addition to the funds available under the authorization of
appropriations in paragraph (1), the Under Secretary for Health shall
allocate to such centers from other funds appropriated generally for
the Department of Veterans Affairs medical care account and the
Department of Veterans Affairs medical and prosthetics research account
such amounts as the Under Secretary for Health determines appropriate
in order to carry out the purposes of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by adding at the end of the matter
relating to subchapter II the following:

``7319. Mental illness research, education, and clinical centers.''.
    (c) Reports.--Not later than February 1 of each of 1997, 1998, and
1999, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report on the status and activities during the previous fiscal year of
the mental illness, research, education, and clinical centers
established pursuant to section 7319 of title 38, United States Code
(as added by subsection (a)). Each such report shall contain the
following:
            (1) A description of--
                    (A) the activities carried out at each center and
                the funding provided for such activities;
                    (B) the advances made at each center in research,
                education and training, and clinical activities
                relating to mental illness in veterans; and
                    (C) the actions taken by the Under Secretary for
                Health pursuant to subsection (d) of such section (as
                so added) to disseminate useful information derived
                from such activities throughout the Veterans Health
                Administration.
            (2) The Secretary's evaluations of the effectiveness of the
        centers in fulfilling the purposes of the centers.

Summary: Directs the Secretary of Veterans Affairs to: (1) designate not more than five facilities of the Department of Veterans Affairs as locations for centers of mental health services research, education and training, and the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department, (2) subject to appropriations, establish and operate such centers, (3) designate one such center by January 1, 1996. And (4) ensure that such centers are located in various geographic regions. Requires the official within the Central Office of the Veterans Health Administration (VHA) responsible for mental health and behavioral science matters to establish a panel to assess the scientific and clinical merit of proposals submitted to the Secretary for the establishment of new centers. Requires at least three centers to emphasize research into improving the quality of care provided to mentally ill veterans through the development of community-based alternatives to institutional treatment. Requires the Under Secretary for Health of the Department to ensure that useful information produced by activities at the centers is disseminated throughout the VHA. Authorizes appropriations. Requires reports.

A bill to amend title 38, United States Code, to require the establishment in the Department of Veterans Affairs of mental illness research, education, and clinical centers, and for other purposes.