SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Government Economic
Empowerment Act''.

SEC. 2. FINDINGS.

    The Congress hereby finds the following:
            (1) As of the date of the enactment of this Act, money is
        principally created in the domestic economy by banks through
        the process known as ``deposit expansion'' under which credit
        is extended by banks to customers in exchange for the
        assumption of an obligation by each customer to repay the
        amount of any such credit with interest.
            (2) The creation of money through the extension of credit
        and creation of debt, a traditional banking function, preceded
        the establishment by the Congress of, first, the national
        banking system and, subsequently, the Federal Reserve System.
            (3) The constitutional authority to create and regulate
        money does not limit the Federal Government to creating money
        through the production of coins or currency or the process of
        debt creation but, except for a brief period during the
        administration of President Lincoln, the Federal Government has
        not exercised such authority more broadly.
            (4) The creation of money by the banks in conjunction with
        the Federal reserve banks does not limit the constitutional
        authority of the Congress to create Government credit funds in
        the form of noninterest bearing credit to fund a legislatively
        approved program or prevent the Congress from creating such
        funds.
            (5) The creation of noninterest-bearing government credit
        funds in measured or limited increments for the purpose of
        funding capital and environmental projects in the public
        interest--
                    (A) will allow projects to be built for \1/2\ to
                \1/3\ the normal cost; and
                    (B) will allow more necessary projects to be built
                at a lower cost to the taxpayers and at the same time
                build additional wealth in the communities where such
                projects are located.

SEC. 3. CREATION OF MONEY.

    (a) In General.--Pursuant to the exercise by the Congress of the
authority contained in the 5th clause of section 8 of Article I of the
Constitution, the Secretary of the Treasury shall have money available
for purposes of this Act in an amount equal to the product of--
            (1) the population of the United States, as determined by
        the Secretary of Commerce on the basis of the 1990 census; and
            (2) $1,400.
    (b) Loan Agreement.--The money referred to in section 3(a) shall be
created by having the Secretary of the Treasury and the Board of
Governors of the Federal Reserve System enter into a Loan Agreement in
accordance with the following requirements:
            (1) The Board shall lend the United States Treasury an
        amount up to a total of $360,000,000,000 at the rate of not
        more than $72,000,000,000 per annum (on a cumulative basis) in
        each of the 5 years commencing 60 days after the date of the
        enactment of this Act.
            (2) The Secretary of the Treasury shall pay an annual fee
        to the Board (the amount to be negotiated between the Secretary
        and the Board) to cover the administrative costs the Board
        incurs in acting as the agent of the Administrator appointed
        under section 4(b). The amount of this administration fee each
        year shall be charged to the recipients of the noninterest
        bearing loans made to them during the year pursuant to section
        7(e), pro rata to the amount of such loans.
    (c) Exercise of Sovereign Capacity to Create Money.--
            (1) In general.--Any amount made available pursuant to this
        Act shall be treated as money created in the sovereign and
        exclusive capacity of the United States, in accordance with the
        Constitution, to create money.
            (2) Expenditure of tax revenue or borrowed funds not
        authorized.--No provision of this Act shall be construed as
        authorizing the expenditure of funds derived from revenues
        imposed and collected by the United States Government under any
        provision of law or from amounts borrowed by the United States
        Government pursuant to chapter 31 of title 31, United States
        Code, or any other provision of law.
    (d) Budget Treatment.--
            (1) Nonapplicability of provisions applicable to receipt
        and expenditures of revenue and borrowed funds.--For purposes
        of title 31, United States Code, the Congressional Budget and
        Impoundment Control Act of 1974, the Balanced Budget and
        Emergency Deficit Control Act of 1985, the Budget Enforcement
        Act of 1990, or any other provision of law--
                    (A) money created under this section shall not be
                treated as revenue when it is created or made available
                to the Administrator under section 4(b) nor shall it be
                treated as revenue by the Administrator or by the
                Secretary of the Treasury when the loans referred to in
                section 6 are repaid;
                    (B) the money created under this section and the
                interest-free loan program established under section
                6--
                            (i) shall not be treated as budget
                        authority, new budget authority, budgetary
                        resources, spending authority, new spending
                        authority, entitlement authority, or credit
                        authority;
                            (ii) shall not be subject to apportionment
                        or sequestration other than in accordance with
                        the provisions of sections 4, 5, and 6; and
                            (iii) shall not be taken into account in
                        the determination of the baseline for any
                        fiscal year; and
                    (C) the disbursement of money created under this
                section shall not be treated as an outlay or a budget
                outlay.
    (e) Bank Reserve Requirements.--No provision of this Act shall be
construed as affecting any authority of the Board to adjust bank
reserve requirements, as appropriate.

SEC. 4. ADMINISTRATION OF THE ACT.

    (a) In General.--The Administrator of this Act shall be under the
Department of the Treasury.
    (b) Management.--An Administrator shall be appointed by, and
accountable to, the Secretary of the Treasury.
    (c) Duties of Administrator.--
            (1) In general.--The Administrator shall be solely
        responsible for disbursing, pursuant to section 6, funds
        created under this Act and otherwise carrying out the duties
        imposed under this Act.
            (2) Appointment of agent.--The Administrator may appoint
        the Board or any Federal reserve bank as an agent of the
        Administrator to perform such duties of the Administrator under
        this Act that the Administrator sees fit to delegate to the
        Board or any such bank.
    (d) United States Government General Checking Account.--
            (1) Deposit.--Checks drawn on the money created under
        section 3 shall be deposited to the credit of the United States
        Government in a United States Government general checking
        account at a Federal reserve bank.
            (2) Disbursements from account.--All disbursements of loans
        under section 6 shall be made with United States Government
        checks from the account referred to in paragraph (1).
    (e) Loan Repayment Account.--The Administrator shall establish and
maintain a separate checking account in a Federal reserve bank for the
deposit of any repayment of principal on loans made under section 6.

SEC. 5. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE
              LOANS.

    (a) In General.--Subject to subsection (b), each State, county,
township, incorporated municipality, school district, and Indian tribe
shall be entitled to obtain a loan from the Administrator in accordance
with section 6, unless such unit of government is delinquent in
repaying a prior loan.
    (b) Maximum Amount Limitation.--The total amount of money to which
any entity described in subsection (a) is eligible to borrow under this
section shall not exceed the amount equal to the product of--
            (1) the resident population, as determined by the Secretary
        of Commerce on the basis of the 1990 census, of the geographic
        territory over which the entity has jurisdiction (or, in the
        case of a school district, the latest official enrollment
        figures as reported to the State in which the school district
        resides); and
            (2) the amount equal to--
                    (A) in the case of a State, $200;
                    (B) in the case of a county (as defined in section
                2 of title 1, United States Code), $100; if the State
                has no township form of government, this amount shall
                be $200;
                    (C) in the case of an incorporated municipality,
                $600;
                    (D) in the case of any township, $100;
                    (E) in the case of any school district, $2,400; and
                    (F) in the case of an Indian tribe, $1,000.

SEC. 6. ISSUANCE OF INTEREST-FREE LOANS.

    Subject to sections 5(b) and 7, the Administrator shall issue an
interest-free loan from the money created under section 3 to any
government unit described in section 5(a) if the Administrator obtains
such assurances as the Administrator determines to be appropriate from
the unit that--
            (1) the proceeds of such loan will be used solely for the
        purpose of--
                    (A) funding capital projects of the governmental
                unit, including the construction of or improvements
                to--
                            (i) school facilities;
                            (ii) streets, highways, bridges, and
                        tunnels;
                            (iii) water and sewer systems;
                            (iv) waste disposal systems;
                            (v) public housing facilities;
                            (vi) public buildings and other public
                        facilities; and
                            (vii) environmental facilities; or
                    (B) the cleanup of toxic waste sites or other
                environmental improvements.

SEC. 7. ADMINISTRATIVE PROVISIONS.

    (a) Disbursement Requirements.--Loans made under section 6 shall be
disbursed by the Administrator--
            (1) in a lump sum for the full amount of the loan; or
            (2) if the Administrator determines that partial
        disbursements are appropriate in the case of loans for
        construction projects in order to accommodate a greater number
        of loan requests, over the construction period of the project.
    (b) Minimum Phase-In Period.--Disbursements on all eligible loans
approved under section 6 shall begin before the end of the 5-year
period beginning on the date of the enactment of this Act.
    (c) Period to Maturity.--The period to maturity of any loan made
under section 6 shall be the estimated number of years of the useful
life of the infrastructure installation (if any) which is financed by
the loan, but, in any case, shall be a minimum of 10 years and a
maximum of 30 years.
    (d) Applicability of State Law.--The number or the principal
amounts of interest-free loans made under section 6 to any governmental
unit established by a State, or the period to maturity of any such
loan, may not exceed the maximum number, amount, or period to maturity
established under the law of such State, unless the State provides a
waiver from any such limitation with respect to any such governmental
unit.
    (e) Administrative Fees.--The Administrator shall impose an
administrative fee on each recipient of a loan under section 6 in an
amount not to exceed the lesser of--
            (1) 0.25 percent of the total amount of the loan; or
            (2) the amount sufficient to cover all administrative costs
        incurred by the Administrator, including overhead, for making
        and administering that particular loan.
    (f) Terms of Repayment.--The repayment terms of any loan under
section 6 shall require quarterly payments by the recipient in equal
amounts determined by dividing--
            (1) the sum of the principal and the administrative fees
        applicable with respect to such loan; by
            (2) the number of calendar quarters any portion of which
        falls within the period to maturity of the loan.
    (g) Collections of Past Due Amounts and Collection Fees.--
            (1) Enforced collections.--The Administrator shall take
        action to enforce collection of past due amounts of any loan on
        which 4 or more quarterly payments are due and payable.
            (2) Impoundment of delinquent amount.--In the case of any
        delinquent loan described in paragraph (1), the Administrator
        may seek an order from any district court of the United States
        of appropriate jurisdiction directing a United States marshall
        to impound, under authority of this section, any available
        funds of the debtor in an amount equal to the amount currently
        due as of the date of such action to reduce or eliminate the
        delinquency.
            (3) Waiver of debtor's right to defend against
        collection.--As a condition for receiving any loan under
        section 6, the recipient shall waive any right to take any
        legal action to prevent or defend against the collection by the
        Administrator of any amount which the parties agree is past
        due.
            (4) Cost of collection.--The costs incurred by the
        Administrator in collecting any amount under this subsection
        with respect to any loan shall be added to and treated as a
        part of the principal amount of the loan.
            (5) Balance of loan principal and fees payable in
        accordance with terms of loan.--A debtor who is subject to
        collection proceedings under this subsection for any delinquent
        portion of a loan under section 6 shall continue to meet the
        repayment schedule applicable to such loan for the remaining
        amount of principal and fees.

SEC. 8. DISPOSITION OF FUNDS UPON REPAYMENT.

    The Administrator shall, at such times and in such amounts as the
Administrator determines to be appropriate, transfer amounts in the
loan repayment account referred to in section 4(e) hereof to the United
States Government general checking account referred to in section
4(d)(1).

SEC. 9. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator appointed by the Secretary of the Treasury.
            (2) Board.--The term ``Board'' means the Board of Governors
        of the Federal Reserve System.
            (3) Indian tribe.--The term ``Indian tribe'' means any
        Indian tribe, band, pueblo, nation, or other organized group or
        community, including any Alaska Native village or regional or
        village corporation as defined in or established pursuant to
        the Alaska Native Claims Settlement Act, which is recognized as
        eligible for the special programs and services provided by the
        United States to Indians because of their status as Indians.
            (4) Secretary.--Except when used in connection with a
        reference to the Secretary of Commerce, the term ``Secretary''
        means the Secretary of the Treasury.
            (5) State.--The term ``State'' includes the District of
        Columbia, the Commonwealth of Puerto Rico, Guam, American
        Samoa, the United States Virgin Islands, and the Northern
        Mariana Islands.

Summary: State and Local Government Economic Empowerment Act - Directs the Secretary of the Treasury to have money available for purposes of this Act in an amount equal to the product of: (1) the US population, as determined by the Secretary of Commerce on the basis of the 1990 census. And (2) $1,400. Requires that the money be created by having the Secretary and the Board of Governors of the Federal Reserve System enter into a loan agreement whereby: (1) the Board shall lend the US Treasury a sum up to $360 billion at the rate of not more than $72 billion per annum in each of the five years commencing 60 days after this Act's enactment date. And (2) the Secretary shall pay an annual fee to the Board to cover administrative costs that the Board incurs in acting as the agent of the Administrator appointed by the Secretary. Treats any amount made available pursuant to this Act as money created in the sovereign and exclusive capacity of the United States to create money. Specifies that: (1) money created under this section shall not be treated as revenue when it is created or made available to the Administrator, nor when the loans are repaid. (2) the money created and the interest-free loan program established under this Act shall not be treated as budget authority, shall not be subject to apportionment or sequestration other than in accordance with this Act, and shall not be taken into account in the determination of the baseline for any fiscal year. And (3) the disbursement of money created under this Act shall not be treated as an outlay or a budget outlay. Entitles each State, county, township, incorporated municipality, school district, and Indian tribe to obtain a loan from the Administrator, unless such governmental unit is delinquent in repaying a prior loan, subject to specified limitations. Directs the Administrator to issue an interest-free loan from the money created to any such government unit if the Administrator obtains assurances that the proceeds will be used solely for the purpose of: (1) funding capital projects of such unit, including the construction of or improvements to school facilities, streets, water and sewer systems, and public and environmental facilities. Or (2) the cleanup of toxic waste sites or other environmental improvements.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Freedom and Broadband
Deployment Act of 1999''.

 SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Internet access services are inherently interstate and
        international in nature, and should therefore not be subject to
        regulation by the States.
            (2) The imposition of regulations by the Federal
        Communications Commission and the States has impeded the rapid
        delivery of high speed Internet access services to the public,
        thereby reducing consumer choice and welfare.
            (3) The Telecommunications Act of 1996 represented a
        careful balance between the need to open up local
        telecommunications markets to competition and the need to
        increase competition in the provision of interLATA voice
        telecommunications services.
            (4) In enacting the prohibition on Bell operating company
        provision of interLATA services, Congress recognized that
        certain telecommunications services have characteristics that
        render them incompatible with the prohibition on Bell operating
        company provision of interLATA services, and exempted such
        services from the interLATA prohibition.
            (5) High speed data services and Internet access services
        constitute unique markets that are likewise incompatible with
        the prohibition on Bell operating company provision of
        interLATA services.
            (6) Since the enactment of the Telecommunications Act of
        1996, the Federal Communications Commission has construed the
        prohibition on Bell operating company provision of interLATA
        services in a manner that has impeded the development of
        advanced telecommunications services, thereby limiting consumer
        choice and welfare.
            (7) Internet users should have choice among competing
        Internet service providers.
            (8) Internet service providers should have the right to
        interconnect with high speed data networks in order to provide
        service to Internet users.
    (b) Purposes.--It is therefore the purpose of this Act to provide
market incentives for the rapid delivery of advanced telecommunications
services--
            (1) by deregulating high speed data services and Internet
        access services;
            (2) by clarifying that the prohibition on Bell operating
        company provision of interLATA services does not extend to the
        provision of high speed data services and Internet access
        services;
            (3) by ensuring that consumers can choose among competing
        Internet service providers; and
            (4) by ensuring that Internet service providers can
        interconnect with competitive high speed data networks in order
        to provide Internet access service to the public.

 SEC. 3. DEFINITIONS

    (a) Amendments.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended--
            (1) by redesignating paragraph (20) as paragraph (21);
            (2) by redesignating paragraphs (21) through (52) as
        paragraphs (24) through (54), respectively;
            (3) by inserting after paragraph (19) the following new
        paragraph:
            ``(20) High speed data service.--The term `high speed data
        service' means any service that consists of or includes the
        offering of a capability to transmit, using a packet-switched
        or successor technology, information at a rate that is
        generally not less than 384 kilobits per second in at least one
        direction.'';
            (4) by inserting after paragraph (22) the following new
        paragraphs:
            ``(23) Internet.--The term ``Internet'' means collectively
        the myriad of computer and telecommunications facilities,
        including equipment and operating software, which comprise the
        interconnected world-wide network of networks that employ the
        Transmission Control Protocol/Internet Protocol, or any
        predecessor or successor protocols to such protocol, to
        communicate information of all kinds by wire or radio.
            ``(24) Internet Access Service.--The term `Internet access
        service' means (A) a service that combines computer processing,
        information storage, protocol conversion, and routing with
        transmission to enable users to access Internet content and
        services, and (B) the transmission of such service, but does
        not include the portion of such transmission from the user to
        the provider of such service.''.
    (b) Conforming Amendments.--
            (1) Section 230(f) of the Communications Act of 1934 (47
        U.S.C. 230(f)) is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (4) as
                paragraphs (1) through (3), respectively.
            (2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is
        amended by striking ``230(f)(2)'' and inserting ``230(f)(1)''.

 SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES.

    (a) In General.--Part I of title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the
following new section:

``SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES.

    ``(a) Freedom From Regulation.--Except to the extent that high
speed data service and Internet access service are expressly referred
to in this Act, neither the Commission, nor any State, shall have
authority to regulate the rates, charges, terms, or conditions for, or
entry into the provision of, any high speed data service or Internet
access service, or to regulate the facilities used in the provision of
either such service.
    ``(b) Savings Provision.--Nothing in this section shall be
construed to limit or affect the authority of any State to regulate
voice telephone exchange services, nor affect the rights of cable
franchise authorities to establish requirements that are otherwise
consistent with this Act.
    ``(c) Continued Enforcement of ESP Exemption, Universal Service
Rules Permitted.--Nothing in this section shall affect the ability of
the Commission to retain or modify--
            ``(1) the exemption from interstate access charges for
        enhanced service providers under Part 69 of the Commission's
        Rules; or
            ``(2) rules issued pursuant to section 254.''.
    (b) Conforming Amendment.--Section 251 of the Communications Act of
1934 (47 U.S.C. 251) is amended by adding at the end thereof the
following new subsection:
    ``(j) Exemption.--
            ``(1) In general.--Notwithstanding the provisions of
        subsections (c) and (d), the Commission shall not require an
        incumbent local exchange carrier to--
                    ``(A) provide unbundled access to any network
                elements used in the provision of any high speed data
                service, other than those network elements described in
                section 51.319 of the Commission's regulations (47
                C.F.R. 51.319), as in effect on January 1, 1999; or
                    ``(B) offer for resale at wholesale rates any high
                speed data service.
            ``(2) Authority to reduce elements subject to
        requirement.--Paragraph (1)(A) shall not prohibit the
        Commission from modifying the regulation referred to in that
        paragraph to reduce the number of network elements subject to
        the unbundling requirement, or to forbear from enforcing any
        portion of that regulation in accordance with the Commission's
        authority under section 706 of the Telecommunications Act of
        1996, notwithstanding any limitation on that authority in
        section 10 of this Act.''.

SEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE.

    Part I of title II of the Communications Act of 1934, as amended by
section 4, is amended by adding at the end the following new section:

``SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE.

    ``(a) Purpose.--It is the purpose of this section to ensure that
Internet users have freedom of choice of Internet service provider.
    ``(b) Obligations of Incumbent Local Exchange Carriers.--- Each
incumbent local exchange carrier has the duty to provide--
            ``(1) Internet users with the ability to subscribe to and
        have access to any Internet service provider that interconnects
        with such carrier's high speed data service;
            ``(2) any Internet service provider with the right to
        acquire the facilities and services necessary to interconnect
        with such carrier's high speed data service for the provision
        of Internet access service; and
            ``(3) any Internet service provider with the ability to
        collocate equipment in accordance with the provisions of
        section 251, to the extent necessary to achieve the objectives
        of paragraphs (1) and (2) of this subsection.
    ``(c) Definitions.--As used in this section--
            ``(1) Internet service provider.--The term `Internet
        service provider' means any provider of Internet access
        service.
            ``(2) Incumbent local exchange carrier.--The term
        `incumbent local exchange carrier' has the same meaning as
        provided in section 251(h).''.

SEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET
              ACCESS SERVICES.

    (a) Incidental InterLATA Service Premitted.--Section 271(g) of the
Communications Act of 1934 (47 U.S.C. 271(g)) is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and
        inserting ``; or''; and
            (3) by adding at the end thereof the following new
        paragraph:
            ``(7) of high speed data service or Internet access
        service.''.
    (b) Prohibition on Marketing Voice Services.--Section 271 of such
Act is amended by adding at the end thereof the following new
subsection:
    ``(k) Prohibition on Marketing Voice Telephone Services.--Until the
date on which a Bell operating company is authorized to offer interLATA
services originating in an in-region State in accordance with the
provisions of this section, such Bell operating company offering any
high speed data service or Internet access service pursuant to the
provisions of paragraph (7) of subsection (g) may not, in such in-
region State market, bill, or collect for interLATA voice
telecommunications service obtained by means of the high speed data
service or Internet access service provided by such company.''.
    (c) Conforming Amendments.--
            (1) Section 272(a)(2)(B)(i) of such Act is amended to read
        as follows:
                            ``(i) incidental interLATA services
                        described in paragraphs (1), (2), (3), (5),
                        (6), and (7) of section 271(g).''.
            (2) Section 272(a)(2)(C) of such Act is repealed.

Summary: Internet Freedom and Broadband Deployment Act of 1999 - Amends the Communications Act of 1934 to define high speed data service as a service capable of transmitting electronic information at a rate generally not less than 384 kilobits per second in at least one direction. Prohibits the Federal Communications Commission (FCC) and each State, except as expressly provided in this Act, from regulating the rates, charges, terms or conditions for, or entry into the provision of, any high speed data service or Internet access service, or to regulate the facilities used in the provision of such service. Prohibits the FCC from requiring an incumbent (established) local exchange carrier to: (1) provide unbundled access to any network elements used in the provision of any high speed data service, other than those elements described in FCC regulations. Or (2) offer for resale at wholesale rates any high speed data service. States that nothing in this Act shall: (1) limit or affect the authority of any State to regulate voice telephone exchange services. (2) affect the ability of the FCC to retain or modify the exemption from interstate access charges for enhanced service providers. Or (3) prohibit the FCC from modifying the regulation concerning the number of networks subject to its unbundling requirement. Requires each incumbent local exchange carrier to provide: (1) Internet users with the ability to subscribe to and have access to any Internet service provider that interconnects with such carrier's high speed data service. (2) any Internet service provider with the right to acquire necessary facilities and services to facilitate such interconnection. And (3) any Internet service provider with the ability to collocate equipment in order to achieve such interconnection. Includes high speed data service or Internet access service within the definition of incidental interLATA services permitted for a Bell operating company (BOC). States that, until the date a BOC is authorized to offer interLATA services originating in an in-region State, such BOC offering any high speed data service or Internet access service may not, in such State, bill or collect for interLATA voice telecommunications service obtained by means of such high speed data or Internet access service provided by such company.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail Passenger Disaster Family
Assistance Act of 2001''.

SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES
              OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

    (a) In General.--Subchapter III of chapter 11 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 1138. Assistance to families of passengers involved in rail
              passenger accidents
    ``(a) In General.--As soon as practicable after being notified of a
rail passenger accident within the United States involving a rail
passenger carrier and resulting in a major loss of life, the Chairman
of the National Transportation Safety Board shall--
            ``(1) designate and publicize the name and phone number of
        a director of family support services who shall be an employee
        of the Board and shall be responsible for acting as a point of
        contact within the Federal Government for the families of
        passengers involved in the accident and a liaison between the
        rail passenger carrier and the families; and
            ``(2) designate an independent nonprofit organization, with
        experience in disasters and posttrauma communication with
        families, which shall have primary responsibility for
        coordinating the emotional care and support of the families of
        passengers involved in the accident.
    ``(b) Responsibilities of the Board.--The Board shall have primary
Federal responsibility for--
            ``(1) facilitating the recovery and identification of
        fatally injured passengers involved in an accident described in
        subsection (a); and
            ``(2) communicating with the families of passengers
        involved in the accident as to the roles of--
                    ``(A) the organization designated for an accident
                under subsection (a)(2);
                    ``(B) Government agencies; and
                    ``(C) the rail passenger carrier involved,
        with respect to the accident and the post-accident activities.
    ``(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2) shall
have the following responsibilities with respect to the families of
passengers involved in the accident:
            ``(1) To provide mental health and counseling services, in
        coordination with the disaster response team of the rail
        passenger carrier involved.
            ``(2) To take such actions as may be necessary to provide
        an environment in which the families may grieve in private.
            ``(3) To meet with the families who have traveled to the
        location of the accident, to contact the families unable to
        travel to such location, and to contact all affected families
        periodically thereafter until such time as the organization, in
        consultation with the director of family support services
        designated for the accident under subsection (a)(1), determines
        that further assistance is no longer needed.
            ``(4) To arrange a suitable memorial service, in
        consultation with the families.
    ``(d) Passenger Lists.--
            ``(1) Requests for passenger lists.--
                    ``(A) Requests by director of family support
                services.--It shall be the responsibility of the
                director of family support services designated for an
                accident under subsection (a)(1) to request, as soon as
                practicable, from the rail passenger carrier involved
                in the accident a list, which is based on the best
                available information at the time of the request, of
                the names of the passengers that were aboard the rail
                passenger carrier's train involved in the accident. A
                rail passenger carrier shall use reasonable efforts,
                with respect to its unreserved trains, and passengers
                not holding reservations on its other trains, to
                ascertain the names of passengers aboard a train
                involved in an accident.
                    ``(B) Requests by designated organization.--The
                organization designated for an accident under
                subsection (a)(2) may request from the rail passenger
                carrier involved in the accident a list described in
                subparagraph (A).
            ``(2) Use of information.--The director of family support
        services and the organization may not release to any person
        information on a list obtained under paragraph (1) but may
        provide information on the list about a passenger to the family
        of the passenger to the extent that the director of family
        support services or the organization considers appropriate.
    ``(e) Continuing Responsibilities of the Board.--In the course of
its investigation of an accident described in subsection (a), the Board
shall, to the maximum extent practicable, ensure that the families of
passengers involved in the accident--
            ``(1) are briefed, prior to any public briefing, about the
        accident and any other findings from the investigation; and
            ``(2) are individually informed of and allowed to attend
        any public hearings and meetings of the Board about the
        accident.
    ``(f) Use of Rail Passenger Carrier Resources.--To the extent
practicable, the organization designated for an accident under
subsection (a)(2) shall coordinate its activities with the rail
passenger carrier involved in the accident to facilitate the reasonable
use of the resources of the carrier.
    ``(g) Prohibited Actions.--
            ``(1) Actions to impede the board.--No person (including a
        State or political subdivision) may impede the ability of the
        Board (including the director of family support services
        designated for an accident under subsection (a)(1)), or an
        organization designated for an accident under subsection
        (a)(2), to carry out its responsibilities under this section or
        the ability of the families of passengers involved in the
        accident to have contact with one another.
            ``(2) Unsolicited communications.--No unsolicited
        communication concerning a potential action for personal injury
        or wrongful death may be made by an attorney (including any
        associate, agent, employee, or other representative of an
        attorney) or any potential party to the litigation to an
        individual (other than an employee of the rail passenger
        carrier) injured in the accident, or to a relative of an
        individual involved in the accident, before the 45th day
        following the date of the accident.
            ``(3) Prohibition on actions to prevent mental health and
        counseling services.--No State or political subdivision may
        prevent the employees, agents, or volunteers of an organization
        designated for an accident under subsection (a)(2) from
        providing mental health and counseling services under
        subsection (c)(1) in the 30-day period beginning on the date of
        the accident. The director of family support services
        designated for the accident under subsection (a)(1) may extend
        such period for not to exceed an additional 30 days if the
        director determines that the extension is necessary to meet the
        needs of the families and if State and local authorities are
        notified of the determination.
    ``(h) Definitions.--In this section, the following definitions
apply:
            ``(1) Rail passenger accident.--The term `rail passenger
        accident' means any rail passenger disaster occurring in the
        provision of--
                    ``(A) interstate intercity rail passenger
                transportation (as such term is defined in section
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as
                such term is defined in section 26105) transportation,
        regardless of its cause or suspected cause.
            ``(2) Rail passenger carrier.--The term `rail passenger
        carrier' means a rail carrier providing--
                    ``(A) interstate intercity rail passenger
                transportation (as such term is defined in section
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as
                such term is defined in section 26105) transportation,
        except that such term shall not include a tourist, historic,
        scenic, or excursion rail carrier.
            ``(3) Passenger.--The term `passenger' includes--
                    ``(A) an employee of a rail passenger carrier
                aboard a train;
                    ``(B) any other person aboard the train without
                regard to whether the person paid for the
                transportation, occupied a seat, or held a reservation
                for the rail transportation; and
                    ``(C) any other person injured or killed in the
                accident.
    ``(i) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger carrier may
have, in providing assistance to the families of passengers involved in
a rail passenger accident.''.
    (b) Conforming Amendment.--The table of sections for such chapter
is amended by inserting after the item relating to section 1137 the
following:

``1138. Assistance to families of passengers involved in rail passenger
                            accidents.''.

SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF
              PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

    (a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:

                    ``CHAPTER 251--FAMILY ASSISTANCE

``Sec.
``25101.  Plans to address needs of families of passengers involved in
                            rail passenger accidents.

``Sec. 25101.  Plans to address needs of families of passengers
              involved in rail passenger accidents
    ``(a) Submission of Plans.--Not later than 6 months after the date
of the enactment of this section, each rail passenger carrier shall
submit to the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing the needs of
the families of passengers involved in any rail passenger accident
involving a train of the rail passenger carrier and resulting in a
major loss of life.
    ``(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a minimum, the
following:
            ``(1) A plan for publicizing a reliable, toll-free
        telephone number, and for providing staff, to handle calls from
        the families of the passengers.
            ``(2) A process for notifying the families of the
        passengers, before providing any public notice of the names of
        the passengers, either by utilizing the services of the
        organization designated for the accident under section
        1138(a)(2) of this title or the services of other suitably
        trained individuals.
            ``(3) An assurance that the notice described in paragraph
        (2) will be provided to the family of a passenger as soon as
        the rail passenger carrier has verified that the passenger was
        aboard the train (whether or not the names of all of the
        passengers have been verified) and, to the extent practicable,
        in person.
            ``(4) An assurance that the rail passenger carrier will
        provide to the director of family support services designated
        for the accident under section 1138(a)(1) of this title, and to
        the organization designated for the accident under section
        1138(a)(2) of this title, immediately upon request, a list
        (which is based on the best available information at the time
        of the request) of the names of the passengers aboard the train
        (whether or not such names have been verified), and will
        periodically update the list. The plan shall include a
        procedure, with respect to unreserved trains and passengers not
        holding reservations on other trains, for the rail passenger
        carrier to use reasonable efforts to ascertain the names of
        passengers aboard a train involved in an accident.
            ``(5) An assurance that the family of each passenger will
        be consulted about the disposition of all remains and personal
        effects of the passenger within the control of the rail
        passenger carrier.
            ``(6) An assurance that if requested by the family of a
        passenger, any possession of the passenger within the control
        of the rail passenger carrier (regardless of its condition)
        will be returned to the family unless the possession is needed
        for the accident investigation or any criminal investigation.
            ``(7) An assurance that any unclaimed possession of a
        passenger within the control of the rail passenger carrier will
        be retained by the rail passenger carrier for at least 18
        months.
            ``(8) An assurance that the family of each passenger or
        other person killed in the accident will be consulted about
        construction by the rail passenger carrier of any monument to
        the passengers, including any inscription on the monument.
            ``(9) An assurance that the treatment of the families of
        nonrevenue passengers will be the same as the treatment of the
        families of revenue passengers.
            ``(10) An assurance that the rail passenger carrier will
        work with any organization designated under section 1138(a)(2)
        of this title on an ongoing basis to ensure that families of
        passengers receive an appropriate level of services and
        assistance following each accident.
            ``(11) An assurance that the rail passenger carrier will
        provide reasonable compensation to any organization designated
        under section 1138(a)(2) of this title for services provided by
        the organization.
            ``(12) An assurance that the rail passenger carrier will
        assist the family of a passenger in traveling to the location
        of the accident and provide for the physical care of the family
        while the family is staying at such location.
            ``(13) An assurance that the rail passenger carrier will
        commit sufficient resources to carry out the plan.
            ``(14) An assurance that the rail passenger carrier will
        provide adequate training to the employees and agents of the
        carrier to meet the needs of survivors and family members
        following an accident.
            ``(15) An assurance that, upon request of the family of a
        passenger, the rail passenger carrier will inform the family of
        whether the passenger's name appeared on any preliminary
        passenger manifest for the train involved in the accident.
    ``(c) Limitation on Liability.--A rail passenger carrier shall not
be liable for damages in any action brought in a Federal or State court
arising out of the performance of the rail passenger carrier in
preparing or providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted by the
rail passenger carrier under subsection (b), unless such liability was
caused by conduct of the rail passenger carrier which was grossly
negligent or which constituted intentional misconduct.
    ``(d) Definitions.--In this section--
            ``(1) the terms `rail passenger accident' and `rail
        passenger carrier' have the meanings such terms have in section
        1138 of this title; and
            ``(2) the term `passenger' means a person aboard a rail
        passenger carrier's train that is involved in a rail passenger
        accident.
    ``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger carrier may
have, in providing assistance to the families of passengers involved in
a rail passenger accident.''.
    (b) Conforming Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by adding after the item
relating to chapter 249 the following new item:

``251. FAMILY ASSISTANCE...................................    25101''.

            Passed the House of Representatives February 14, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Rail Passenger Disaster Family Assistance Act of 2001 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of a Board employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families. And (2) designate an independent nonprofit organization which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents. Declares it shall be the responsibility of the director of family support services to request, as soon as practicable, from the rail passenger carrier involved in an accident a list of the names of the passengers who were aboard the carrier's train. Authorizes a designated organization also to request such list from such carrier. Prohibits the director of family support services and a designated organization from releasing list information to any person, except that information about a passenger may be provided to the passenger's family to the extent considered appropriate by the director or organization. Requires the Board, in the course of its investigation of an accident, to ensure, to the maximum extent practicable, that the families of passengers involved in the accident are: (1) briefed, prior to any public briefing about the accident and any other findings from the investigation. And (2) individually informed of and allowed to attend any public hearings and meetings of the Board about such accident. Prohibits: (1) a person from impeding the ability of the Board or the designated organization to carry out its responsibilities under this Act, or the ability of the families of passengers involved in an accident to have contact with one another. (2) unsolicited communication concerning a potential action for personal injury or wrongful death to be made by an attorney or any potential party to the litigation to an individual injured in an accident, or to a relative of an individual involved in such accident, before the 45th day following the date of the accident. And (3) a State or political subdivision from preventing the employees, agents, or volunteers of an organization from providing mental health and counseling services in the 30-day period beginning on the date of an accident. Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan.

To establish a program, coordinated by the National Transportation Safety Board, of assistance to families of passengers involved in rail passenger accidents.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Woodrow Wilson Memorial Bridge
Preservation Act''.

SEC. 2. RESPONSIBILITY OF THE SECRETARY FOR THE WOODROW WILSON MEMORIAL
              BRIDGE.

    (a) Maintenance, Rehabilitation, and Expansion of Existing
Bridge.--The Secretary of Transportation shall be solely responsible
for the maintenance, rehabilitation, and expansion of the existing
Woodrow Wilson Memorial Bridge over the Potomac River between the
States of Virginia and Maryland until all conditions under section 5
are met. The Secretary shall consult with the Commonwealth of Virginia,
the State of Maryland, and the District of Columbia from time to time
on the operating, maintenance, and rehabilitation needs of the bridge.
    (b) Coordination of Agreement.--Sections 2(A), 2(B), and 2(C) of
the agreement of April 19, 1985, between the Secretary of
Transportation, the Commonwealth of Virginia, the State of Maryland,
and the District of Columbia, related to the assignment of
responsibility for the operation and maintenance of the bridge shall
remain in effect.

SEC. 3. ESTABLISHMENT OF FUND.

    (a) In General.--The contract authority, and associated
obligational authority, provided by section 412 of the National Highway
System Designation Act of 1995 (112 Stat. 159-160) and section 110 of
title 23, United States Code, for the Woodrow Wilson Memorial Bridge
shall be designated as the Woodrow Wilson Memorial Bridge Preservation
Fund (in this section referred to as the ``Fund'') and shall be
maintained as such within the Department of Transportation.
    (b) Uses of the Fund.--The Fund shall be available to the Secretary
for the maintenance, rehabilitation, and expansion of the existing
Woodrow Wilson Memorial Bridge for the purpose of keeping the bridge in
a condition sufficient to facilitate interstate traffic in an efficient
and safe manner. Amounts in the Fund shall only be available for those
portions of the bridge that are owned by the Federal Government.
    (c) Replenishment of the Fund.--Before October 1 of each fiscal
year, the Secretary shall estimate the balance in the Fund for such
fiscal year. If the balance is projected to be below $50,000,000, the
Secretary shall deduct from apportionments made to the Commonwealth of
Virginia and the State of Maryland under section 104 of title 23,
United States Code, sufficient contract authority and obligation
authority to restore the projected Fund balance to $50,000,000. The
obligation authority deducted shall be available until expended.
    (d) Annual Report.--The Secretary shall prepare and transmit to
Congress an annual report on the condition of the bridge.

SEC. 4. TRANSPORTATION PLAN.

    (a) Development.--The Secretary of Transportation, the Commonwealth
of Virginia, the State of Maryland, and the District of Columbia shall
develop a transportation plan for the Capital Beltway corridor
(Interstate Route 495) served by the Woodrow Wilson Memorial Bridge
project. The plan shall establish what level of high occupancy vehicle
lanes and transit service should be provided in the corridor and how
such service should be accommodated on a replacement bridge.
    (b) Consultation.--The plan shall be developed in consultation with
appropriate local jurisdictions and metropolitan planning
organizations.
    (c) Funding.--The cost of developing the plan may be paid from the
Woodrow Wilson Memorial Bridge Preservation Fund.

SEC. 5. CONSTRUCTION OF REPLACEMENT BRIDGE.

    (a) In General.--Upon certification to Congress by the Secretary of
Transportation that all of the following conditions have been met, the
balance in the Woodrow Wilson Memorial Bridge Preservation Fund shall
be available for the construction of a replacement for the existing
Woodrow Wilson Memorial Bridge:
            (1) The transportation plan required under section 4 has
        been completed and approved by the Secretary, the Governors of
        Virginia and Maryland, and the mayor of the District of
        Columbia.
            (2) Title to the existing bridge has been transferred from
        the Federal Government to the Commonwealth of Virginia or the
        State of Maryland, or both.
            (3) The Commonwealth of Virginia and the State of Maryland
        have developed a finance plan to pay for all costs of the
        replacement bridge project in excess of the current Federal
        payment provided by the Transportation Equity Act for the 21st
        Century and have signed an agreement with the Secretary to pay
        for all cost overruns to the finance plan. The plan shall give
        priority to the use of such Federal payment for the bridge
        component of the project.
    (b) Waiver Authority.--In developing a replacement bridge and its
approaches under subsection (a), the Secretary upon petition by the
States of Virginia and Maryland, may waive any requirement of title 23,
United States Code, other than sections 113 and 138 of such title, that
the States have determined to cause unreasonable increases in the cost
of the project.

SEC. 6. SENSE OF THE CONGRESS.

    It is the sense of Congress that--
            (1) the $900,000,000 Federal payment in the Transportation
        Equity Act for the 21st Century to replace the Woodrow Wilson
        Memorial Bridge is the final Federal contribution for that
        project;
            (2) any of the Federal payment remaining after completion
        of the replacement bridge shall be available to pay for costs
        associated with construction of approaches to the bridge; and
            (3) all project costs not associated with the bridge
        component are the responsibility of the Commonwealth of
        Virginia and the State of Maryland as was the case with the
        construction of the existing bridge.

SEC. 7. CONFORMING AMENDMENTS.

    Section 412 of the National Highway System Designation Act of 1995
(112 Stat. 159-160) is amended--
            (1) in subsection (a)(1) by striking ``of planning'' and
        all that follows through the period at the end of such
        subsection and inserting ``of maintenance and rehabilitation by
        the Secretary of the existing Woodrow Wilson Memorial
        Bridge.''; and
            (2) by striking subsection (c).

SEC. 8. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect
September 30, 2000, and shall apply to fiscal years beginning after
such date.

Summary: Designates certain contract and associated obligational authorities for the bridge as the Woodrow Wilson Memorial Bridge Preservation Fund which shall be maintained within the Department of Transportation. Requires that such Fund be available to the Secretary for the maintenance, rehabilitation, and expansion of the bridge for keeping it in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Provides for amounts in the Fund only to be available for those portions of the bridge that are owned by the Federal Government. Sets forth a rule for the replenishment of the Fund. Requires the Secretary to prepare and transmit to Congress an annual report on the bridge's condition. Directs the Secretary, Virginia, Maryland, and the District of Columbia to develop a transportation plan for the Capital Beltway corridor served by the Woodrow Wilson Memorial Bridge project. Requires that the plan establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. Permits the cost of developing the plan to be paid from the Fund. Requires the balance in the Fund to be available for the construction of a replacement bridge upon certification to Congress by the Secretary that all of the following conditions have been met: (1) the transportation plan has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia. (2) title to the existing bridge has been transferred from the Federal Government to Virginia, Maryland, or both. And (3) Virginia and Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment and have signed an agreement with the Secretary to pay for all cost overruns to the plan . Allows the Secretary, in developing a replacement bridge and its approaches, upon petition by the States of Virginia and Maryland, to waive any Federal highways requirement that the States have determined to cause unreasonable increases in the cost of the project. Expresses the sense of the Congress that: (1) the $900 million Federal payment to replace the bridge is the final Federal contribution for that project. (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to it. And (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Medal of Honor
Memorial Coin Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Congressional Medal of Honor is the highest award
        for valor that can be bestowed upon a member of the Armed
        Forces of the United States.
            (2) The recipients of the Congressional Medal of Honor have
        conspicuously distinguished themselves by gallantry and
        intrepidity at the risk of their lives above and beyond the
        call of duty.
            (3) The National Medal of Honor Memorial at Riverside
        National Cemetery is a fitting monument to the heroes who have
        received the Congressional Medal of Honor.
            (4) The National Medal of Honor Memorial at Riverside
        National Cemetery honors the service and sacrifice of each of
        the recipients of the Congressional Medal of Honor.
            (5) The $1,700,000 required to build the National Medal of
        Honor Memorial at Riverside National Cemetery was raised solely
        through donations to the Riverside National Cemetery
        Congressional Medal of Honor Memorial Committee.
            (6) Substantial support exists among the people of the
        United States for the minting and issuance of coins in
        commemoration of the recipients of the Congressional Medal of
        Honor.
            (7) The people of the United States will be able to keep
        and hold the coins minted under this Act as a personal memorial
        to the many heroes who have received the Congressional Medal of
        Honor.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In commemoration of the recipients of the
Congressional Medal of Honor, the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall mint and issue the
following:
            (1) $5 Gold Coins.--Not more than 50,000 $5 coins, each of
        which shall--
                    (A) weigh 8.359 grams;
                    (B) have a diameter of 0.850 inches; and
                    (C) contain 90 percent gold and 10 percent alloy.
            (2) $1 Silver Coins.--Not more than 250,000 $1 coins, each
        of which shall--
                    (A) weigh 26.73 grams;
                    (B) have a diameter of 1.500 inches; and
                    (C) contain 90 percent silver and 10 percent
                copper.
    (b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) In General.--The design of the coins minted under this Act
shall be emblematic of the values and abilities necessary to earn the
Congressional Medal of Honor, such as gallantry and intrepidity.
    (b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
            (1) a designation of the value of the coin;
            (2) an inscription of the year ``2005''; and
            (3) inscriptions of the words ``Liberty'', ``In God We
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (c) Selection.--The design for the coins minted under this Act
shall be--
            (1) selected by the Secretary after consultation with the
        Commission of Fine Arts; and
            (2) reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
    (b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
    (c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2005, and
ending on December 31, 2005.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharges required by section 7(a) with respect to
        such coins; and
            (3) the cost of designing and issuing the coins (including
        labor, materials, dies, use of machinery, overhead expenses,
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
    (c) Prepaid Orders.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under this Act. The
sale prices with respect to such prepaid orders shall be at a
reasonable discount.

SEC. 7. SURCHARGES.

    (a) Assessment.--Any sale by the Secretary of a coin minted under
this Act shall include a surcharge as follows:
            (1) A surcharge of $35 per coin for the $5 coin.
            (2) A surcharge of $10 per coin for the $1 coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the proceeds from the surcharges received by the Secretary
from the sale of coins issued under this Act shall be paid promptly by
the Secretary to the Riverside National Cemetery Support Committee, a
nonprofit organization established under the laws of the State of
California, for the purposes of--
            (1) maintaining the National Medal of Honor Memorial at
        Riverside National Cemetery; and
            (2) constructing and maintaining such memorials as the
        Riverside National Cemetery Support Committee and the Secretary
        of Veterans Affairs may jointly designate.

Summary: Congressional Medal of Honor Memorial Coin Act of 2003 - Directs the Secretary of the Treasury to mint and issue not more than 50,000 five dollar gold coins and 250,000 one dollar silver coins emblematic of the values and abilities necessary to earn the Congressional Medal of Honor. Requires the Secretary to pay the proceeds from the sale of such coins to the Riverside National Cemetery Support Committee for the purposes of: (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery. And (2) constructing and maintaining such memorials as the Committee and the Secretary of Veterans Affairs may jointly designate.

To require the Secretary of the Treasury to mint coins in commemoration of the recipients of the Congressional Medal of Honor.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care OverUse Reform Today Act
(HealthCOURT Act) of 2011''.

SEC. 2. LIMITATION ON RECOVERY IN A HEALTH CARE LAWSUIT BASED ON
              COMPLIANCE WITH BEST PRACTICE GUIDELINES.

    (a) Selection and Issuance of Best Practices Guidelines.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') shall
        provide for the selection and issuance of best practice
        guidelines for treatment of medical conditions (each in this
        subsection referred to as a ``guideline'') in accordance with
        paragraphs (2) and (3).
            (2) Development process.--Not later than 90 days after the
        date of enactment of this Act, the Secretary shall enter into a
        contract with a qualified physician consensus-building
        organization (such as the Physician Consortium for Performance
        Improvement), in concert and agreement with physician specialty
        organizations, to develop guidelines. The contract shall
        require that the organization submit guidelines to the agency
        not later than 18 months after the date of enactment of this
        Act.
            (3) Issuance.--
                    (A) In general.--Not later than 2 years after the
                date of the enactment of this Act, the Secretary shall,
                after notice and opportunity for public comment, make a
                rule that provides for the establishment of the
                guidelines submitted under paragraph (2).
                    (B) Limitation.--The Secretary may not make a rule
                that includes guidelines other than those submitted
                under paragraph (2).
                    (C) Dissemination.--The Secretary shall post such
                guidelines on the public Internet web page of the
                Department of Health and Human Services.
            (4) Maintenance.--Not later than 4 years after the date of
        enactment of this Act, and every 2 years thereafter, the
        Secretary shall review the guidelines and shall, as necessary,
        enter into contracts similar to the contract described in
        paragraph (2), and issue guidelines in a manner similar to the
        issuance of guidelines under paragraph (3).
    (b) Limitation on Damages.--
            (1) Limitation on noneconomic damages.--In any health care
        lawsuit, a court may not award noneconomic damages with respect
        to treatment that is consistent with a guideline issued under
        subsection (a).
            (2) Limitation on punitive damages.--In any health care
        lawsuit, no punitive damages may be awarded against a health
        care provider based on a claim that such treatment caused the
        claimant harm if--
                    (A) such treatment was subject to quality review by
                a qualified physician consensus-building organization
                and has been found to be safe, effective, and
                appropriate;
                    (B) such treatment was approved in a guideline that
                underwent full review by such organization, public
                comment, approval by the Secretary, and dissemination
                as described in subparagraph (a); or
                    (C) such medical treatment is generally recognized
                among qualified experts (including medical providers
                and relevant physician specialty organizations) as
                safe, effective, and appropriate.
    (c) Use.--
            (1) Introduction as evidence.--Guidelines established in a
        rule made under subsection (a) may not be introduced as
        evidence of negligence or deviation in the standard of care in
        any health care lawsuit unless they have previously been
        introduced by the defendant.
            (2) No presumption of negligence.--There shall be no
        presumption of negligence if a health care provider provides
        treatment in a manner inconsistent with such guidelines.
    (d) Construction.--Nothing in this section shall be construed as
preventing a State from--
            (1) replacing their current medical malpractice rules with
        rules that rely, as a defense, upon a health care provider's
        compliance with a guideline issued under subsection (a); or
            (2) applying additional guidelines or safe-harbors that are
        in addition to, but not in lieu of, the guidelines issued under
        subsection (a).

SEC. 3. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

    Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE
              TRIBUNALS.

    ``(a) In General.--The Secretary may award grants to States for the
development, implementation, and evaluation of administrative health
care tribunals that comply with this section, for the resolution of
disputes concerning injuries allegedly caused by health care providers.
    ``(b) Conditions for Demonstration Grants.--To be eligible to
receive a grant under this section, a State shall submit to the
Secretary an application at such time, in such manner, and containing
such information as may be required by the Secretary. A grant shall be
awarded under this section on such terms and conditions as the
Secretary determines appropriate.
    ``(c) Representation by Counsel.--A State that receives a grant
under this section may not preclude any party to a dispute before an
administrative health care tribunal operated under such grant from
obtaining legal representation during any review by the expert panel
under subsection (d), the administrative health care tribunal under
subsection (e), or a State court under subsection (f).
    ``(d) Expert Panel Review and Early Offer Guidelines.--
            ``(1) In general.--Prior to the submission of any dispute
        concerning injuries allegedly caused by health care providers
        to an administrative health care tribunal under this section,
        such allegations shall first be reviewed by an expert panel.
            ``(2) Composition.--
                    ``(A) In general.--The members of each expert panel
                under this subsection shall be appointed by the head of
                the State agency responsible for health. Each expert
                panel shall be composed of no fewer than 3 members and
                not more than 7 members. At least one-half of such
                members shall be medical experts (either physicians or
                health care professionals).
                    ``(B) Licensure and expertise.--Each physician or
                health care professional appointed to an expert panel
                under subparagraph (A) shall--
                            ``(i) be appropriately credentialed or
                        licensed in 1 or more States to deliver health
                        care services; and
                            ``(ii) typically treat the condition, make
                        the diagnosis, or provide the type of treatment
                        that is under review.
                    ``(C) Independence.--
                            ``(i) In general.--Subject to clause (ii),
                        each individual appointed to an expert panel
                        under this paragraph shall--
                                    ``(I) not have a material familial,
                                financial, or professional relationship
                                with a party involved in the dispute
                                reviewed by the panel; and
                                    ``(II) not otherwise have a
                                conflict of interest with such a party.
                            ``(ii) Exception.--Nothing in clause (i)
                        shall be construed to prohibit an individual
                        who has staff privileges at an institution
                        where the treatment involved in the dispute was
                        provided from serving as a member of an expert
                        panel merely on the basis of such affiliation,
                        if the affiliation is disclosed to the parties
                        and neither party objects.
                    ``(D) Practicing health care professional in same
                field.--
                            ``(i) In general.--In a dispute before an
                        expert panel that involves treatment, or the
                        provision of items or services--
                                    ``(I) by a physician, the medical
                                experts on the expert panel shall be
                                practicing physicians (allopathic or
                                osteopathic) of the same or similar
                                specialty as a physician who typically
                                treats the condition, makes the
                                diagnosis, or provides the type of
                                treatment under review; or
                                    ``(II) by a health care
                                professional other than a physician, at
                                least two medical experts on the expert
                                panel shall be practicing physicians
                                (allopathic or osteopathic) of the same
                                or similar specialty as the health care
                                professional who typically treats the
                                condition, makes the diagnosis, or
                                provides the type of treatment under
                                review, and, if determined appropriate
                                by the State agency, an additional
                                medical expert shall be a practicing
                                health care professional (other than
                                such a physician) of such a same or
                                similar specialty.
                            ``(ii) Practicing defined.--In this
                        paragraph, the term `practicing' means, with
                        respect to an individual who is a physician or
                        other health care professional, that the
                        individual provides health care services to
                        individual patients on average at least 2 days
                        a week.
                    ``(E) Pediatric expertise.--In the case of dispute
                relating to a child, at least 1 medical expert on the
                expert panel shall have expertise described in
                subparagraph (D)(i) in pediatrics.
            ``(3) Determination.--After a review under paragraph (1),
        an expert panel shall make a determination as to the liability
        of the parties involved and compensation.
            ``(4) Acceptance.--If the parties to a dispute before an
        expert panel under this subsection accept the determination of
        the expert panel concerning liability and compensation, such
        compensation shall be paid to the claimant and the claimant
        shall agree to forgo any further action against the health care
        providers involved.
            ``(5) Failure to accept.--If any party decides not to
        accept the expert panel's determination, the matter shall be
        referred to an administrative health care tribunal created
        pursuant to this section.
    ``(e) Administrative Health Care Tribunals.--
            ``(1) In general.--Upon the failure of any party to accept
        the determination of an expert panel under subsection (d), the
        parties shall have the right to request a hearing concerning
        the liability or compensation involved by an administrative
        health care tribunal established by the State involved.
            ``(2) Requirements.--In establishing an administrative
        health care tribunal under this section, a State shall--
                    ``(A) ensure that such tribunals are presided over
                by special judges with health care expertise;
                    ``(B) provide authority to such judges to make
                binding rulings, rendered in written decisions, on
                standards of care, causation, compensation, and related
                issues with reliance on independent expert witnesses
                commissioned by the tribunal;
                    ``(C) establish gross negligence as the legal
                standard for the tribunal;
                    ``(D) allow the admission into evidence of the
                recommendation made by the expert panel under
                subsection (d); and
                    ``(E) provide for an appeals process to allow for
                review of decisions by State courts.
    ``(f) Review by State Court After Exhaustion of Administrative
Remedies.--
            ``(1) Right to file.--If any party to a dispute before a
        health care tribunal under subsection (e) is not satisfied with
        the determinations of the tribunal, the party shall have the
        right to file their claim in a State court of competent
        jurisdiction.
            ``(2) Forfeit of awards.--Any party filing an action in a
        State court in accordance with paragraph (1) shall forfeit any
        compensation award made under subsection (e).
            ``(3) Admissibility.--The determinations of the expert
        panel and the administrative health care tribunal pursuant to
        subsections (d) and (e) with respect to a State court
        proceeding under paragraph (1) shall be admissible into
        evidence in any such State court proceeding.
    ``(g) Definition.--In this section, the term `health care provider'
means any person or entity required by State or Federal laws or
regulations to be licensed, registered, or certified to provide health
care services, and being either so licensed, registered, or certified,
or exempted from such requirement by other statute or regulation.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated for any fiscal year such sums as may be necessary for
purposes of making grants to States under this section.''.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Health care lawsuit.--The term ``health care lawsuit''
        means any health care liability claim concerning the provision
        of health care goods or services brought in a Federal court or
        in a State court or pursuant to an alternative dispute
        resolution system, if such claim concerns items or services
        with respect to which payment is made under title XVIII, title
        XIX, or title XXI of the Social Security Act or for which the
        claimant receives a Federal tax benefit, against a health care
        provider, a health care organization, or the manufacturer,
        distributor, supplier, marketer, promoter, or seller of a
        medical product, regardless of the theory of liability on which
        the claim is based, or the number of claimants, plaintiffs,
        defendants, or other parties, or the number of claims or causes
        of action, in which the claimant alleges a health care
        liability claim. Such term does not include a claim or action
        which is based on criminal liability; which seeks civil fines
        or penalties paid to Federal government; or which is grounded
        in antitrust.
            (2) Noneconomic damages.--The term ``noneconomic damages''
        means damages for losses for physical and emotional pain,
        suffering, inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium, hedonic damages, injury to
        reputation, and any other nonpecuniary losses.
            (3) Punitive damages.--The term ``punitive damages'' means
        damages awarded, for the purpose of punishment or deterrence,
        and not solely for compensatory purposes, against a health care
        provider. Punitive damages are neither economic nor noneconomic
        damages.
            (4) Medical treatment.--The term ``medical treatment''
        means the provision of any goods or services by a health care
        provider or by any individual working under the supervision of
        a health care provider, that relates to the diagnosis,
        prevention, or treatment of any human disease or impairment, or
        the assessment or care of the health of human beings.
            (5) Health care provider.--The term ``health care
        provider'' means any person or entity required by State or
        Federal laws or regulations to be licensed, registered, or
        certified to provide health care services, and being either so
        licensed, registered, or certified, or exempted from such
        requirement by other statute or regulation.
            (6) Federal tax benefit.--A claimant shall be treated as
        receiving a Federal tax benefit with respect to payment for
        items or services if--
                    (A) such payment is compensation by insurance--
                            (i) which constitutes medical care, and
                            (ii) with respect to the payment of
                        premiums for which the claimant, or the
                        employer of the claimant, was allowed an
                        exclusion from gross income, a deduction, or a
                        credit for Federal income tax purposes,
                    (B) a deduction was allowed with respect to such
                payment for Federal income tax purposes, or
                    (C) such payment was from an Archer MSA (as defined
                in section 220(d) of the Internal Revenue Code of
                1986), a health savings account (as defined in section
                223(d) of such Code), a flexible spending arrangement
                (as defined in section 106(c)(2) of such Code), or a
                health reimbursement arrangement which is treated as
                employer-provided coverage under an accident or health
                plan for purposes of section 106 of such Code.

Summary: Health Care OverUse Reform Today Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to provide for the selection and issuance of best practice guidelines for treatment of medical conditions. Requires the Secretary to contract with a qualified physician consensus-building organization to develop guidelines and issue a rule that provides for the establishment of such guidelines. Prohibits the Secretary from making a rule that includes guidelines other than those submitted by such organization. Requires the Secretary to routinely review guidelines and, as necessary, enter into additional contracts to issue guidelines. Prohibits a court from awarding noneconomic damages or punitive damages in any health care lawsuit with respect to treatment that is consistent with a guideline issued under this Act. Prohibits guidelines from being introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless such guidelines have previously been introduced by the defendant. Declares that there shall be no presumption of negligence if a health care provider provides treatment in a manner inconsistent with such guidelines. Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers. Sets forth provisions governing the operation of such tribunals, including requiring a review of allegations by an expert panel to assess liability.

To establish performance-based quality measures, to establish limitations on recovery in health care lawsuits based on compliance with best practice guidelines, and to provide grants to States for administrative health care tribunals.