TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Federally Recognized Indian Tribe
List Act of 1994''.

SEC. 102. DEFINITIONS.

    For the purposes of this title:
        (1) The term ``Secretary'' means the Secretary of the Interior.
        (2) The term ``Indian tribe'' means any Indian or Alaska Native
    tribe, band, nation, pueblo, village or community that the
    Secretary of the Interior acknowledges to exist as an Indian tribe.
        (3) The term ``list'' means the list of recognized tribes
    published by the Secretary pursuant to section 104 of this title.

SEC. 103. FINDINGS.

    The Congress finds that--
        (1) the Constitution, as interpreted by Federal case law,
    invests Congress with plenary authority over Indian Affairs;
        (2) ancillary to that authority, the United States has a trust
    responsibility to recognized Indian tribes, maintains a government-
    to-government relationship with those tribes, and recognizes the
    sovereignty of those tribes;
        (3) Indian tribes presently may be recognized by Act of
    Congress; by the administrative procedures set forth in part 83 of
    the Code of Federal Regulations denominated ``Procedures for
    Establishing that an American Indian Group Exists as an Indian
    Tribe;'' or by a decision of a United States court;
        (4) a tribe which has been recognized in one of these manners
    may not be terminated except by an Act of Congress;
        (5) Congress has expressly repudiated the policy of terminating
    recognized Indian tribes, and has actively sought to restore
    recognition to tribes that previously have been terminated;
        (6) the Secretary of the Interior is charged with the
    responsibility of keeping a list of all federally recognized
    tribes;
        (7) the list published by the Secretary should be accurate,
    regularly updated, and regularly published, since it is used by the
    various departments and agencies of the United States to determine
    the eligibility of certain groups to receive services from the
    United States; and
        (8) the list of federally recognized tribes which the Secretary
    publishes should reflect all of the federally recognized Indian
    tribes in the United States which are eligible for the special
    programs and services provided by the United States to Indians
    because of their status as Indians.

SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.

    (a) Publication of the List.--The Secretary shall publish in the
Federal Register a list of all Indian tribes which the Secretary
recognizes to be eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
    (b) Frequency of Publication.--The list shall be published within
60 days of enactment of this Act, and annually on or before every
January 30 thereafter.

   TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF
                                 ALASKA

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Tlingit and Haida Status
Clarification Act''.

SEC. 202. FINDINGS.

    The Congress finds and declares that--
        (1) the United States has acknowledged the Central Council of
    Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of
    June 19, 1935 (49 Stat. 388, as amended, commonly referred to as
    the ``Jurisdiction Act''), as a federally recognized Indian tribe;
        (2) on October 21, 1993, the Secretary of the Interior
    published a list of federally recognized Indian tribes pursuant to
    part 83 of title 25 of the Code of Federal Regulations which
    omitted the Central Council of Tlingit and Haida Indian Tribes of
    Alaska;
        (3) the Secretary does not have the authority to terminate the
    federally recognized status of an Indian tribe as determined by
    Congress;
        (4) the Secretary may not administratively diminish the
    privileges and immunities of federally recognized Indian tribes
    without the consent of Congress; and
        (5) the Central Council of Tlingit and Haida Indian Tribes of
    Alaska continues to be a federally recognized Indian tribe.

SEC. 203. REAFFIRMATION OF TRIBAL STATUS.

    The Congress reaffirms and acknowledges that the Central Council of
Tlingit and Haida Indian Tribes of Alaska is a federally recognized
Indian tribe.

SEC. 204. DISCLAIMER.

    (a) In General.--Nothing in this title shall be interpreted to
diminish or interfere with the government-to-government relationship
between the United States and other federally recognized Alaska Native
tribes, nor to vest any power, authority, or jurisdiction in the
Central Council of Tlingit and Haida Indian Tribes of Alaska over other
federally recognized Alaska Native tribes.
    (b) Constitution of Central Council of the Tlingit and Haida Indian
Tribes of Alaska.--Nothing in this title shall be construed as
codifying the Constitution of the Central Council of the Tlingit and
Haida Indian Tribes of Alaska into Federal law.

SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.

    Other federally recognized tribes in Southeast Alaska shall have
precedence over the Central Council of Tlingit and Haida Indian Tribes
of Alaska in the award of a Federal compact, contract or grant to the
extent that their service population overlaps with that of the Central
Council of Tlingit and Haida Indian tribes of Alaska. In no event shall
dually enrolled members result in duplication of Federal service
funding.

       TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Paskenta Band Restoration Act''.

SEC. 302. DEFINITIONS.

    For purposes of this title:
        (1) The term ``Tribe'' means the Paskenta Band of Nomlaki
    Indians of the Paskenta Rancheria of California.
        (2) The term ``Secretary'' means the Secretary of the Interior.
        (3) The term ``Interim Council'' means the governing body of
    the Tribe specified in section 307.
        (4) The term ``member'' means an individual who meets the
    membership criteria under section 306(b).
        (5) The term ``State'' means the State of California.
        (6) The term ``reservation'' means those lands acquired and
    held in trust by the Secretary for the benefit of the Tribe
    pursuant to section 305.
        (7) The term ``service area'' means the counties of Tehama and
    Glenn, in the State of California.
    SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND
      PRIVILEGES.
    (a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. Except as otherwise provided in this title, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this title shall be applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost under the Act
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby
restored and the provisions of such Act shall be inapplicable to the
Tribe and its members after the date of enactment of this Act.
    (c) Federal Services and Benefits.--Without regard to the existence
of a reservation, the Tribe and its members shall be eligible, on and
after the date of enactment of this Act, for all Federal services and
benefits furnished to federally recognized Indian tribes or their
members. In the case of Federal services available to members of
federally recognized Indian tribes residing on a reservation, members
of the Tribe residing in the Tribe's service area shall be deemed to be
residing on a reservation.
    (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this
title shall expand, reduce, or affect in any manner any hunting,
fishing, trapping, gathering, or water right of the Tribe and its
members.
    (e) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its
members.
    (f) Certain Rights Not Altered.--Except as specifically provided in
this title, nothing in this title shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes levied.

SEC. 304. ECONOMIC DEVELOPMENT.

    (a) Plan for Economic Development.--The Secretary shall--
        (1) enter into negotiations with the governing body of the
    Tribe with respect to establishing a plan for economic development
    for the Tribe;
        (2) in accordance with this section and not later than two
    years after the adoption of a tribal constitution as provided in
    section 308, develop such a plan; and
        (3) upon the approval of such plan by the governing body of the
    Tribe, submit such plan to the Congress.
    (b) Restrictions.--Any proposed transfer of real property contained
in the plan developed by the Secretary under subsection (a) shall be
consistent with the requirements of section 305.

SEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken in Trust.--The Secretary shall accept any
real property located in Tehama County, California, for the benefit of
the Tribe if conveyed or otherwise transferred to the Secretary if, at
the time of such conveyance or transfer, there are no adverse legal
claims to such property, including outstanding liens, mortgages, or
taxes owned. The Secretary may accept any additional acreage in the
Tribe's service area pursuant to the authority of the Secretary under
the Act of June 18, 1934 (25 U.S.C. 461 et seq.).
    (b) Lands To Be Part of the Reservation.--Subject to the conditions
imposed by this section, any real property conveyed or transferred
under this section shall be taken in the name of the United States in
trust for the Tribe and shall be part of the Tribe's reservation.

SEC. 306. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Within one year after
the date of the enactment of this Act, the Secretary shall, after
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Membership.--(1) Until a tribal constitution is
adopted pursuant to section 308, an individual shall be placed on the
membership roll if such individual is living, is not an enrolled member
of another federally recognized Indian tribe, is of Nomlaki Indian
ancestry, and if--
        (A) such individual's name was listed on the Paskenta Indian
    Rancheria distribution roll compiled on February 26, 1959, by the
    Bureau of Indian Affairs and approved by the Secretary of the
    Interior on July 7, 1959, pursuant to Public Law 85-671;
        (B) such individual was not listed on the Paskenta Indian
    Rancheria distribution list, but met the requirements that had to
    be met to be listed on the Paskenta Indian Rancheria list;
        (C) such individual is identified as an Indian from Paskenta in
    any of the official or unofficial rolls of Indians prepared by the
    Bureau of Indian Affairs; or
        (D) such individual is a lineal descendant of an individual,
    living or dead, identified in subparagraph (A), (B), or (C).
    (2) After adoption of a tribal constitution pursuant to section
308, such tribal constitution shall govern membership in the Tribe.
    (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose
of subsection (b), the Secretary shall accept any available evidence
establishing Paskenta Indian ancestry. The Secretary shall accept as
conclusive evidence of Paskenta Indian ancestry, information contained
in the census of the Indians in and near Paskenta, prepared by Special
Indian Agent John J. Terrell, in any other roll or census of Paskenta
Indians prepared by the Bureau of Indian Affairs, and in the Paskenta
Indian Rancheria distribution list, compiled by the Bureau of Indian
Affairs on February 26, 1959.

SEC. 307. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become
effective under section 308, the Tribe's governing body shall be an
Interim Council. The initial membership of the Interim Council shall
consist of the members of the Tribal Council of the Tribe on the date
of the enactment of this Act, and the Interim Council shall continue to
operate in the manner prescribed for the Tribal Council under the
tribal constitution adopted December 18, 1993. Any new members filling
vacancies on the Interim Council shall meet the membership criteria set
forth in section 306(b) and be elected in the same manner as are Tribal
Council members under the tribal constitution adopted December 18,
1993.

SEC. 308. TRIBAL CONSTITUTION.

    (a) Election; Time and Procedure.--Upon the completion of the
tribal membership roll under section 306(a) and upon the written
request of the Interim Council, the Secretary shall conduct, by secret
ballot, an election for the purpose of adopting a constitution and
bylaws for the Tribe. The election shall be held according to section
16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee
balloting shall be permitted regardless of voter residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120
days after the Tribe adopts a constitution and bylaws under subsection
(a), the Secretary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such tribal
constitution. Such election shall be conducted according to the
procedures specified in subsection (a) except to the extent that such
procedures conflict with the tribal constitution.

SEC. 309. GENERAL PROVISION.

    The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this title.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: TABLE OF CONTENTS: Title I: Withdrawal of Acknowledgement of Recognition Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska Title III: Paskenta Band of Nomlaki Indians of California Title I: Withdrawal of Acknowledgement of Recognition - Federally Recognized Indian Tribe List Act of 1994 - Requires the Secretary of the Interior to publish an annual list of federally recognized Indian tribes. Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska - Tlingit and Haida Status Clarification Act - States that the Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. Title III: Paskenta Band of Nomlaki Indians of California - Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.

An Act to clarify the status of the Tlingit and Haida, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs Major
Medical Facility Lease Authorization Act of 2013''.

SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.

    The Secretary of Veterans Affairs may carry out the following major
medical facility leases at the locations specified, and in an amount
for each lease not to exceed the amount shown for such location (not
including any estimated cancellation costs):
            (1) For a clinical research and pharmacy coordinating
        center, Albuquerque, New Mexico, an amount not to exceed
        $9,560,000.
            (2) For a community-based outpatient clinic, Brick, New
        Jersey, an amount not to exceed $7,280,000.
            (3) For a new primary care and dental clinic annex,
        Charleston, South Carolina, an amount not to exceed $7,070,250.
            (4) For the Cobb County community-based Outpatient Clinic,
        Cobb County, Georgia, an amount not to exceed $6,409,000.
            (5) For the Leeward Outpatient Healthcare Access Center,
        Honolulu, Hawaii, including a co-located clinic with the
        Department of Defense and the co-location of the Honolulu
        Regional Office of the Veterans Benefits Administration and the
        Kapolei Vet Center of the Department of Veterans Affairs, an
        amount not to exceed $15,887,370.
            (6) For a community-based outpatient clinic, Johnson
        County, Kansas, an amount not to exceed $2,263,000.
            (7) For a replacement community-based outpatient clinic,
        Lafayette, Louisiana, an amount not to exceed $2,996,000.
            (8) For a community-based outpatient clinic, Lake Charles,
        Louisiana, an amount not to exceed $2,626,000.
            (9) For outpatient clinic consolidation, New Port Richey,
        Florida, an amount not to exceed $11,927,000.
            (10) For an outpatient clinic, Ponce, Puerto Rico, an
        amount not to exceed $11,535,000.
            (11) For lease consolidation, San Antonio, Texas, an amount
        not to exceed $19,426,000.
            (12) For a community-based outpatient clinic, San Diego,
        California, an amount not to exceed $11,946,100.
            (13) For an outpatient clinic, Tyler, Texas, an amount not
        to exceed $4,327,000.
            (14) For the Errera Community Care Center, West Haven,
        Connecticut, an amount not to exceed $4,883,000.
            (15) For the Worcester community-based Outpatient Clinic,
        Worcester, Massachusetts, an amount not to exceed $4,855,000.
            (16) For the expansion of a community-based outpatient
        clinic, Cape Girardeau, Missouri, an amount not to exceed
        $4,232,060.
            (17) For a multispecialty clinic, Chattanooga, Tennessee,
        an amount not to exceed $7,069,000.
            (18) For the expansion of a community-based outpatient
        clinic, Chico, California, an amount not to exceed $4,534,000.
            (19) For a community-based outpatient clinic, Chula Vista,
        California, an amount not to exceed $3,714,000.
            (20) For a new research lease, Hines, Illinois, an amount
        not to exceed $22,032,000.
            (21) For a replacement research lease, Houston, Texas, an
        amount not to exceed $6,142,000.
            (22) For a community-based outpatient clinic, Lincoln,
        Nebraska, an amount not to exceed $7,178,400.
            (23) For a community-based outpatient clinic, Lubbock,
        Texas, an amount not to exceed $8,554,000.
            (24) For a community-based outpatient clinic consolidation,
        Myrtle Beach, South Carolina, an amount not to exceed
        $8,022,000.
            (25) For a community-based outpatient clinic, Phoenix,
        Arizona, an amount not to exceed $20,757,000.
            (26) For the expansion of a community-based outpatient
        clinic, Redding, California, an amount not to exceed
        $8,154,000.
            (27) For the expansion of a community-based outpatient
        clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200.

SEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS MAJOR
              MEDICAL FACILITIES LEASES.

    (a) Findings.--Congress finds the following:
            (1) Title 31, United States Code, requires the Department
        of Veterans Affairs to record the full cost of its contractual
        obligation against funds available at the time a contract is
        executed.
            (2) Office of Management and Budget Circular A-11 provides
        guidance to agencies in meeting the statutory requirements
        under title 31, United States Code, with respect to leases.
            (3) For operating leases, Office of Management and Budget
        Circular A-11 requires the Department of Veterans Affairs to
        record up-front budget authority in an ``amount equal to total
        payments under the full term of the lease or [an] amount
        sufficient to cover first year lease payments plus cancellation
        costs''.
    (b) Requirement for Obligation of Full Cost.--Subject to the
availability of appropriations provided in advance, in exercising the
authority of the Secretary of Veterans Affairs to enter into leases
provided in this Act, the Secretary shall record, pursuant to section
1501 of title 31, United States Code, as the full cost of the
contractual obligation at the time a contract is executed either--
            (1) an amount equal to total payments under the full term
        of the lease; or
            (2) if the lease specifies payments to be made in the event
        the lease is terminated before its full term, an amount
        sufficient to cover the first year lease payments plus the
        specified cancellation costs.
    (c) Transparency.--
            (1) Compliance.--Subsection (b) of section 8104 of title
        38, United States Code, is amended by adding at the end the
        following new paragraph:
            ``(7) In the case of a prospectus proposing funding for a
        major medical facility lease, a detailed analysis of how the
        lease is expected to comply with Office of Management and
        Budget Circular A-11 and section 1341 of title 31 (commonly
        referred to as the `Anti-Deficiency Act'). Any such analysis
        shall include--
                    ``(A) an analysis of the classification of the
                lease as a `lease-purchase', `capital lease', or
                `operating lease' as those terms are defined in Office
                of Management and Budget Circular A-11;
                    ``(B) an analysis of the obligation of budgetary
                resources associated with the lease; and
                    ``(C) an analysis of the methodology used in
                determining the asset cost, fair market value, and
                cancellation costs of the lease.''.
            (2) Submittal to congress.--Such section 8104 is further
        amended by adding at the end the following new subsection:
    ``(h)(1) Not less than 30 days before entering into a major medical
facility lease, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives--
            ``(A) notice of the Secretary's intention to enter into the
        lease;
            ``(B) a copy of the proposed lease;
            ``(C) a description and analysis of any differences between
        the prospectus submitted pursuant to subsection (b) and the
        proposed lease; and
            ``(D) a scoring analysis demonstrating that the proposed
        lease fully complies with Office of Management and Budget
        Circular A-11.
    ``(2) Each committee described in paragraph (1) shall ensure that
any information submitted to the committee under such paragraph is
treated by the committee with the same level of confidentiality as is
required by law of the Secretary and subject to the same statutory
penalties for unauthorized disclosure or use as the Secretary.
    ``(3) Not more than 30 days after entering into a major medical
facility lease, the Secretary shall submit to each committee described
in paragraph (1) a report on any material differences between the lease
that was entered into and the proposed lease described under such
paragraph, including how the lease that was entered into changes the
previously submitted scoring analysis described in subparagraph (D) of
such paragraph.''.
    (d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to in any way
relieve the Department of Veterans Affairs from any statutory or
regulatory obligations or requirements existing prior to the enactment
of this section and such amendments.

SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted prior to
the vote on passage of this Act.

            Passed the House of Representatives December 10, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to carry out specified major medical facility leases (leases) in New Mexico, New Jersey, South Carolina, Georgia, Hawaii, Kansas, Louisiana, Florida, Puerto Rico, Texas, California, Connecticut, Massachusetts, Missouri, Tennessee, Illinois, Nebraska, Arizona, and Oklahoma. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term. Or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first-year payments plus the specified cancellation costs. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease, (2) the obligation of budgetary resources associated with the lease. And (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to the congressional veterans committees: (1) notice of the intention to enter into, and a copy of, such lease. (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease. And (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Corruption Act of 1995''.

SEC. 2. PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 226. Public corruption
    ``(a) State and Local Government.--
            ``(1) Honest services.--Whoever, in a circumstance
        described in paragraph (3), deprives or defrauds, or endeavors
        to deprive or to defraud, by any scheme or artifice, the
        inhabitants of a State or political subdivision of a State of
        the honest services of an official or employee of the State or
        political subdivision shall be fined under this title,
        imprisoned not more than 10 years, or both.
            ``(2) Fair and impartial elections.--Whoever, in a
        circumstance described in paragraph (3), deprives or defrauds,
        or endeavors to deprive or to defraud, by any scheme or
        artifice, the inhabitants of a State or political subdivision
        of a State of a fair and impartially conducted election process
        in any primary, run-off, special, or general election through
        one or more of the following means, or otherwise--
                    ``(A) through the procurement, casting, or
                tabulation of ballots that are materially false,
                fictitious, or fraudulent or that are invalid, under
                the laws of the State in which the election is held;
                    ``(B) through paying or offering to pay any person
                for voting;
                    ``(C) through the procurement or submission of
                voter registrations that contain false material
                information, or omit material information;
                    ``(D) through the filing of any report required to
                be filed under Federal or State law regarding an
                election campaign that contains false material
                information or omits material information; or
                    ``(E) through engaging in intimidating,
                threatening, or deceptive conduct, with the intent to
                prevent or unlawfully discourage any person from voting
                for the candidate of that person's choice, registering
                to vote, or campaigning for or against a candidate,
        shall be fined under this title, imprisoned not more than 10
        years, or both.
            ``(3) Circumstances in which offense occurs.--The
        circumstances referred to in paragraphs (1) and (2) are that--
                    ``(A) for the purpose of executing or concealing a
                scheme or artifice described in paragraph (1) or (2) or
                attempting to do so, a person--
                            ``(i) places in any post office or
                        authorized depository for mail matter, any
                        matter or thing to be sent or delivered by the
                        Postal Service, deposits or causes to be
                        deposited any matter or thing to be sent or
                        delivered by any private or commercial
                        interstate carrier, or takes or receives
                        therefrom any such matter or thing, or
                        knowingly causes to be delivered by mail or
                        such carrier according to the direction
                        thereon, or at the place at which it is
                        directed to be delivered by the person to whom
                        it is addressed, any such matter or thing;
                            ``(ii) transmits or causes to be
                        transmitted by means of wire, radio, or
                        television communication in interstate or
                        foreign commerce any writings, signs, signals,
                        pictures, or sounds;
                            ``(iii) transports or causes to be
                        transported any person or thing, or induces any
                        person to travel in or to be transported in,
                        interstate or foreign commerce; or
                            ``(iv) uses or causes the use of any
                        facility in interstate or foreign commerce;
                    ``(B) the scheme or artifice affects or constitutes
                an attempt to affect in any manner or degree, or would
                if executed or concealed affect, interstate or foreign
                commerce;
                    ``(C) in the case of an offense described in
                paragraph (1), the honest services of the official or
                employee relate to a governmental office of a State or
                political subdivision of a State which receives funds
                derived from an Act of Congress in an amount not less
                than $10,000 during the 12-month period immediately
                preceding or following the date of the offense; or
                    ``(D) in the case of an offense described in
                paragraph (2), an objective of the scheme or artifice
                is to secure the election of an official who, if
                elected, would have any authority over the
                administration of funds derived from an Act of Congress
                totaling $10,000 or more during the 12-month period
                immediately preceding or following the election or date
                of the offense.
    ``(b) Federal Government.--Whoever deprives or defrauds, or
endeavors to deprive or to defraud, by any scheme or artifice, the
inhabitants of the United States of the honest services of a public
official or a person who has been selected to be a public official
shall be fined under this title, imprisoned not more than 10 years, or
both.
    ``(c) Offense by an Official Against an Employee or Official.--
            ``(1) Criminal offense.--Whoever, being an official, public
        official, or person who has been selected to be a public
        official, directly or indirectly discharges, demotes, suspends,
        threatens, harasses, or in any manner discriminates against an
        employee or official of the United States or of a State or
        political subdivision of a State, or endeavors to do so, in
        order to carry out or to conceal a scheme or artifice described
        in subsection (a) or (b), shall be fined under this title,
        imprisoned not more than 5 years, or both.
            ``(2) Civil action.--(A) Any employee or official of a
        State or political subdivision of a State who is discharged,
        demoted, suspended, threatened, harassed, or in any manner
        discriminated against because of lawful acts done by the
        employee or official as a result of a violation of this section
        or because of actions by the employee on behalf of himself or
        herself or others in furtherance of prosecution under this
        section (including investigation for, initiation of, testimony
        for, or assistance in such a prosecution) may bring a civil
        action in any court of competent jurisdiction and obtain all
        relief necessary to make the employee or official whole,
        including--
                    ``(i) reinstatement with the same seniority status
                that the employee or official would have had but for
                the violation;
                    ``(ii) the amount of backpay;
                    ``(iii) a penalty of two times the amount of
                backpay;
                    ``(iv) interest on the actual amount of backpay;
                and
                    ``(v) compensation for any special damages
                sustained as a result of the violation, including
                reasonable litigation costs and reasonable attorney's
                fees.
            ``(B) To obtain recovery under subsection (c)(2)(A) (iii)
        or (v) against a State or political subdivision, the employee
        or individual bringing the action shall establish by a
        preponderance of evidence that any violation of this section
        was--
                    ``(i) the result of widespread violations within
                the State or political subdivision; or
                    ``(ii) the result of conduct authorized by a senior
                official within the State or political subdivision.
            ``(C) In cases in which a State or political subdivision is
        sued and found liable for recovery under subsection (c)(2)(A)
        (iii) or (v), the State or political subdivision may bring an
        action for contribution for such recovery from any employee or
        official whose action led to the recovery under subsection
        (c)(2)(A) (iii) or (v).
            ``(D) An employee or official shall not be afforded relief
        under subparagraph (A) if the employee or official participated
        in the violation of this section with respect to which relief
        is sought.
            ``(E)(i) A civil action or proceeding authorized by this
        paragraph shall be stayed by a court upon certification of an
        attorney for the Government that prosecution of the action or
        proceeding may adversely affect the interests of the Government
        in a pending criminal investigation or proceeding.
            ``(ii) The attorney for the Government shall promptly
        notify the court when a stay may be lifted without such adverse
        effects.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `official' includes--
                    ``(A) any person employed by, exercising any
                authority derived from, or holding any position in the
                government of a State or any subdivision of the
                executive, legislative, judicial, or other branch of
                government thereof, including a department, independent
                establishment, commission, administration, authority,
                board, and bureau, and a corporation or other legal
                entity established and subject to control by a
                government or governments for the execution of a
                governmental or intergovernmental program;
                    ``(B) any person acting or pretending to act under
                color of official authority; and
                    ``(C) any person who has been nominated, appointed,
                or selected to be an official or who has been
                officially informed that he or she will be so
                nominated, appointed, or selected;
            ``(2) the term `person acting or pretending to act under
        color of official authority' includes a person who represents
        that he or she controls, is an agent of, or otherwise acts on
        behalf of an official, public official, and person who has been
        selected to be a public official;
            ``(3) the terms `public official' and `person who has been
        selected to be a public official' have the meanings stated in
        section 201 and include any person acting or pretending to act
        under color of official authority; and
            ``(4) the term `State' means a State of the United States,
        the District of Columbia, Puerto Rico, and any other
        commonwealth, territory, or possession of the United States.''.
    (b) Technical Amendments.--(1) The chapter analysis for chapter 11
of title 18, United States Code, is amended by adding at the end the
following new item:

 ``226. Public corruption.''.
    (2) Section 1961(1) of title 18, United States Code, is amended by
inserting ``section 226 (relating to public corruption),'' after
``section 224 (relating to sports bribery),''.
    (3) Section 2516(1)(c) of title 18, United States Code, is amended
by inserting ``section 226 (relating to public corruption),'' after
``section 224 (bribery in sporting contests),''.

SEC. 3. INTERSTATE COMMERCE.

    (a) In General.--Section 1343 of title 18, United States Code, is
amended--
            (1) by inserting ``, or uses or causes the use of any
        facility in interstate or foreign commerce,'' after ``sounds'';
        and
            (2) by inserting ``or attempting to do so'' after ``for the
        purpose of executing such scheme or artifice''.
    (b) Technical Amendments.--(1) The heading of section 1343 of title
18, United States Code, is amended to read as follows:
``Sec. 1343. Fraud by use of facility of interstate commerce''.
    (2) The chapter analysis for chapter 63 of title 18, United States
Code, is amended by amending the item relating to section 1343 to read
as follows:

``1343. Fraud by use of facility in interstate commerce.''.

SEC. 4. NARCOTICS-RELATED PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following new section:
``Sec. 220. Narcotics and public corruption
    ``(a) Offense by Public Official.--A public official who, in a
circumstance described in subsection (c), directly or indirectly,
corruptly demands, seeks, receives, accepts, or agrees to receive or
accept anything of value personally or for any other person in return
for--
            ``(1) being influenced in the performance or nonperformance
        of any official act; or
            ``(2) being influenced to commit or to aid in committing,
        or to collude in, or to allow or make opportunity for the
        commission of any offense against the United States or any
        State, shall be guilty of a class B felony.
    ``(b) Offense by Person Other Than a Public Official.--A person
who, in a circumstance described in subsection (c), directly or
indirectly, corruptly gives, offers, or promises anything of value to
any public official, or offers or promises any public official to give
anything of value to any other person, with intent--
            ``(1) to influence any official act;
            ``(2) to influence the public to commit or aid in
        committing, or to collude in, or to allow or make opportunity
        for the commission of any offense against the United States or
        any State; or
            ``(3) to influence the public official to do or to omit to
        do any act in violation of the official's lawful duty, shall be
        guilty of a class B felony.
    ``(c) Circumstances in Which Offense Occurs.--The circumstances
referred to in subsections (a) and (b) are that the offense involves,
is part of, or is intended to further or to conceal the illegal
possession, importation, manufacture, transportation, or distribution
of any controlled substance or controlled substance analogue.
    ``(d) Definitions.--As used in this section--
            ``(1) the terms `controlled substance' and `controlled
        substance analogue' have the meanings stated in section 102 of
        the Controlled Substances Act (21 U.S.C. 802);
            ``(2) the term `official act' means any decision, action,
        or conduct regarding any question, matter, proceeding, cause,
        suit, investigation, or prosecution which may at any time be
        pending, or which may be brought before any public official, in
        such official's official capacity, or in such official's place
        of trust or profit; and
            ``(3) the term `public official' means--
                    ``(A) an officer or employee or person acting for
                or on behalf of the United States, or any department,
                agency, or branch of Government thereof in any official
                function, under or by authority of any such department,
                agency, or branch of Government;
                    ``(B) a juror;
                    ``(C) an officer or employee or person acting for
                or on behalf of the government of any State,
                commonwealth, territory, or possession of the United
                States (including the District of Columbia), or any
                political subdivision thereof, in any official
                function, under or by the authority of any such State,
                commonwealth, territory, possession, or political
                subdivision; and
                    ``(D) any person who has been nominated or
                appointed to a position described in subparagraph (A),
                (B), or (C), or has been officially informed that he or
                she will be so nominated or appointed.''.
    (b) Technical Amendments.--(1) Section 1961(1) of title 18, United
States Code, is amended by inserting ``section 220 (relating to
narcotics and public corruption),'' after ``Section 201 (relating to
bribery),''.
    (2) Section 2516(1)(c) of title 18, United States Code, is amended
by inserting ``section 220 (relating to narcotics and public
corruption),'' after ``section 201 (bribery of public officials and
witnesses),''.
    (3) The chapter analysis for chapter 11 of title 18, United States
Code, is amended by inserting after the item for section 219 the
following new item:

``220. Narcotics and public corruption.''.

Summary: Anti-Corruption Act of 1995 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision (State) of the honest services of a government official or employee, or of a fair and impartially conducted election process. Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or of any State. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Specifies that: (1) to obtain recovery against a State, the employee or individual bringing the action shall establish by a preponderance of evidence that any such violation was the result of widespread violations, or conduct authorized by a senior official, within the State. And (2) in cases in which a State is sued and found liable for recovery, the State may bring an action for contribution for such recovery from any employee or official whose action led to the recovery. Amends mail fraud provisions to prohibit using, or causing the use, of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Sets forth prohibitions regarding narcotics-related public corruption.

Anti-Corruption Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Displaced Aircraft Manufacturers
Workers Relief Act of 2001''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Affected area.--The term ``affected area'' means an
        area that the Secretary determines has a substantial number of
        eligible employees.
            (2) COBRA continuation coverage.--The term ``COBRA
        continuation coverage'' means coverage under a group health
        plan provided by an employer pursuant to title XXII of the
        Public Health Service Act, section 4980B of the Internal
        Revenue Code of 1986, part 6 of subtitle B of title I of the
        Employee Retirement Income Security Act of 1974, or section
        8905a of title 5, United States Code.
            (3) Eligible employee.--The term ``eligible employee''
        means an individual who has become totally or partially
        separated, or is threatened to become totally or partially
        separated, from employment with an aircraft manufacturer as a
        consequence of--
                    (A) reductions in production as a result of a
                terrorist action or security measure, as determined by
                the Secretary; or
                    (B) a closure of an airport in the United States as
                a result of a terrorist action or security measure, as
                determined by the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.
            (5) Terrorist action or security measure.--The term
        ``terrorist action or security measure'' means a terrorist
        attack on the United States on September 11, 2001, or a
        security measure taken in response to the attack.
            (6) Other terms.--The terms defined in section 247 of the
        Trade Act of 1974 shall apply in this Act.

SEC. 3. PETITIONS AND DETERMINATIONS.

    (a) Petitions.--A petition for a certification of eligibility to
apply for adjustment assistance under this Act may be filed with the
Secretary by a group of workers or by their certified or recognized
union or other duly authorized representative. The Secretary shall
comply with the notice and hearing requirements of section 221 of the
Trade Act of 1974 with respect to the petition.
    (b) Certification.--The Secretary shall certify a group of workers
as eligible to apply for adjustment assistance under this Act if the
Secretary determines that a significant number or proportion of the
workers in such workers' firm or an appropriate subdivision of the firm
are eligible employees.
    (c) Determinations.--As soon as possible after the date on which a
petition is filed under subsection (a), but in any event not later than
60 days after that date, the Secretary shall determine whether the
petitioning group meets the requirements of subsection (b) and shall
issue a certification of eligibility to apply for adjustment assistance
under this Act covering workers in any group that meets such
requirements. The Secretary shall issue and terminate such
certifications in accordance with section 223 of the Trade Act of 1974.
    (d) Information.--The Secretary shall provide the information,
assistance, and notice described in section  225 of the Trade Act of
1974 with respect to certifications made under subsection (b), and
agreements entered into and benefits available under this Act.

SEC. 4. PROGRAM BENEFITS.

    (a) Determinations.--The Secretary shall determine, with respect to
an eligible employee covered by a certification issued by the Secretary
under section 3, whether--
            (1) the employee is unlikely to return to the industry
        involved;
            (2) the employee is likely to return to that industry, but
        unlikely to return to the employee's previous occupation in the
        industry; or
            (3) the employee is likely to return to that occupation.
    (b) Different Industry or Occupation.--If the Secretary determines
that an eligible employee described in subsection (a) meets the
requirements of paragraph (1) or (2) of subsection (a) and engages in
appropriate job search activities, and that the employee and any
training approved by the Secretary for the employee meet the
requirements of paragraphs (1) and (3) of section 236(a) of the Trade
Act of 1974, the employee shall be provided, in the same manner and to
the same extent as an employee covered under a certification under
subchapter A of chapter 2 of title II of the Trade Act of 1974, 1 or
more of the following:
            (1) Employment services described in section 235 of the
        Trade Act of 1974 (including, in the case of an eligible
        employee in an affected area, employment services provided
        through programs developed and conducted through partnerships
        between public agencies, employers, and labor organizations).
            (2) Training that consists of--
                    (A) training (including supplemental assistance)
                described in section 236 of the Trade Act of 1974,
                notwithstanding the provisions of section 236(a)(2) of
                such Act;
                    (B) training for a position requiring different
                technical skill than the original position; or
                    (C) in the case of an eligible employee in an
                affected area, training provided through programs
                developed and conducted through partnerships between
                public agencies, employers, and labor organizations.
            (3) Readjustment allowances described in sections 231
        through 234 of the Trade Act of 1974, except that--
                    (A) an eligible employee is not required to enroll
                in training to receive such an allowance;
                    (B) the reference in section 233(a)(1) of the Trade
                Act of 1974 to ``52'' shall be considered to be a
                reference to ``78''; and
                    (C) no employee shall receive additional weeks of
                assistance under section 233(a)(3) of such Act.
            (4) Job search allowances described in section 237 of the
        Trade Act of 1974.
    (c) Same Industry and Occupation.--If the Secretary determines that
an eligible employee described in subsection (a) meets the requirements
of subsection (a)(3), the employee shall be provided, in the same
manner and to the same extent as an employee covered under a
certification under subchapter A of chapter 2 of title II of the Trade
Act of 1974, 1 or more of the following:
            (1) Employment services described in section 235 of the
        Trade Act of 1974 (including, in the case of an eligible
        employee in an affected area, employment services provided
        through programs developed and conducted through partnerships
        between public agencies, employers, and labor organizations).
            (2) Readjustment allowances described in sections 231
        through 234 of the Trade Act of 1974, except that--
                    (A) an eligible employee is not required to enroll
                in training to receive such an allowance;
                    (B) the reference in section 233(a)(1) of the Trade
                Act of 1974 to ``52'' shall be considered to be a
                reference to ``78''; and
                    (C) no employee shall receive additional weeks of
                assistance under section 233(a)(3) of such Act.
    (d) Employees Not Eligible for Unemployment Insurance.--An eligible
employee who is totally separated from employment in a State who does
not meet the requirements of paragraphs (2) through (4) of section
231(a) of the Trade Act of 1974 shall be provided only an allowance,
for a period of 26 weeks, in the amount of the average weekly benefit
received by an individual in the State under the State unemployment
insurance program during the most recent 52-week period for which data
are available.
    (e) COBRA Continuation Coverage.--In the case of an individual who
is eligible for benefits under subsection (b) or (c), the Secretary
shall provide for payment of premiums for COBRA continuation coverage
with respect to such individual. Such payment may be made through
appropriate direct payment arrangements with the group health plan or
health insurance issuer involved. The Secretary may require
documentation of election of benefits or proof of premium payment.
    (f) Optional Temporary Medicaid Coverage for Uninsured Eligible
Employees.--
            (1) In general.--Notwithstanding any other provision of
        law, a State may elect to provide, under its medicaid program
        under title XIX of the Social Security Act, medical assistance
        in the case of an individual who is eligible for benefits under
        subsection (b) or (c), who is not eligible for COBRA
        continuation coverage, and who is uninsured. For purposes of
        this subsection, an individual is considered to be uninsured if
        the individual is not covered under a group health plan, health
insurance coverage, or under such program or a program under title
XVIII or XXI of such Act.
            (2) Limitation to 18 months of coverage.--Assistance under
        this subsection shall end with respect to an individual on the
        earlier of--
                    (A) the date the individual is no longer uninsured;
                or
                    (B) 18 months after the date the individual is
                first determined to be eligible for medical assistance
                under this subsection.
            (3) Special rules.--In the case of medical assistance
        provided under this subsection--
                    (A) the Federal medical assistance percentage under
                section 1905(b) of the Social Security Act shall be 100
                percent;
                    (B) a State may elect to disregard any income,
                asset, or resource limitation imposed under the State
                medicaid plan or under title XIX of such Act;
                    (C) such medical assistance shall not be provided
                for periods before the date the individual is
                determined eligible for such assistance;
                    (D) a State may elect to make eligible for such
                assistance a dependent spouse or children of an
                individual eligible for medical assistance under
                paragraph (1), if such spouse or children are
                uninsured; and
                    (E) individuals eligible for medical assistance
                under this subsection shall be deemed to be described
                in the list of individuals described in the matter
                preceding paragraph (1) of section 1905(a) of such Act.

SEC. 5. ADMINISTRATION.

    The provisions of subchapter C of chapter 2 of title II of the
Trade Act of 1974 shall apply to the administration of the program
under this Act in the same manner and to the same extent as such
provisions apply to the administration of the program under subchapters
A and B of chapter 2 of title II of the Trade Act of 1974, except
that--
            (1) the agreement between the Secretary and the States
        described in section 239 of the Trade Act of 1974 shall specify
        the procedures that will be used to carry out the certification
        process under section 3, the procedures for providing relevant
        data by the Secretary to assist the States in making
        preliminary findings under section 3, and the adjustment
        assistance described in section 4;
            (2) the provisions of such subchapter C relating to
        training shall not be applicable under this Act; and
            (3) the provisions of such subchapter shall apply to COBRA
        continuation coverage under section 4(e) to the extent
        specified by the Secretary.

SEC. 6. REGULATIONS.

    The Secretary--
            (1) may issue interim regulations to carry out this Act,
        notwithstanding chapters 5 and 7 of title 5, United States
        Code; and
            (2) shall issue final regulations to carry out this Act in
        accordance with such chapters.

SEC. 7. APPLICATION AND CONSTRUCTION.

    (a) Application.--For purposes of applying provisions of chapter 2
of title II of the Trade Act of 1974 under this Act, references in such
chapter--
            (1) to a worker shall be considered to be references to an
        eligible employee;
            (2) to a benefit shall be considered to be references to
        the corresponding benefit provided under this subsection to an
        eligible employee; and
            (3) to a provision of chapter 2 of title II of the Trade
        Act of 1974 shall be considered to be references to the
        corresponding provision of this Act.
    (b) Construction.--
            (1) No impact on trade adjustment assistance.--Nothing in
        this Act shall be construed to modify or affect title II of the
        Trade Act of 1974.
            (2) No impact on existing agreements and benefits.--Nothing
        in this Act shall be construed to diminish the obligation of an
        employer to comply with any collective bargaining agreement or
        any employment benefit program or plan.

Summary: Displaced Aircraft Manufacturers Workers Relief Act of 2001 - Authorizes certain groups of workers who have become totally or partially separated from employment with an aircraft manufacturer as a result of reductions in production or closure of an airport due to a terrorist action or security measures to petition the Secretary of Labor for a certification of eligibility to apply for adjustment assistance . Provides certain benefits to eligible workers meeting certain eligibility requirements. Provides eligible workers who do not meet certain requirements for State unemployment compensation with a limited readjustment allowance under this Act. Provides for payment of premiums for COBRA health care continuation coverage of eligible workers. Authorizes a State to elect to provide medical assistance under its Medicaid program under title XIX of the Social Security Act for eligible workers who are not eligible for COBRA health care continuation coverage, and who are uninsured.

To provide assistance to employees who suffer loss of employment in the aircraft manufacturing industry as a result of the terrorist attacks of September 11, 2001.


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Theodore Roosevelt
Commemorative Coin Act''.
    (b) Findings.--The Congress makes the following findings:
            (1) Theodore Roosevelt, the 26th President of the United
        States, inspired and led the people of the United States toward
        the goal of natural resource conservation.
            (2) The protection and conservation of the Nation's natural
        heritage requires the acquisition by the United States of
        habitat and rights to the use of habitat.
            (3) Allowing those persons who benefit from and support
        conservation efforts to participate in the funding of those
        efforts is desirable and achievable through the sale of
        collectors' commemorative coins.

SEC. 2. COIN SPECIFICATIONS.

    (a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary) shall mint and issue the
following coins:
            (1) $5 gold coins.--5 dollar coins, 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.--1 dollar coins, 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.
            (3) Half dollar clad coins.--Half dollar coins which
        shall--
                    (A) weigh 11.34 grams;
                    (B) have a diameter of 1.205 inches; and
                    (C) be minted to the specifications for half dollar
                coins contained in section 5112(b) of title 31, United
                States Code.
    (b) Amounts of coins.--
            (1) Gold coins.--The Secretary shall issue coins under
        subsection (a)(1) with the dates and in the amounts as follows:

                   Year                             Amount

    1997...........................  Not more than 500,000.
    1998...........................  Not more than 500,000.

            (2) Silver coins.--The Secretary shall issue coins under
        subsection (a)(2) with the dates and in the amounts as follows:

                   Year                             Amount

    1997...........................  Not more than 1,000,000.
    1998...........................  Not more than 1,000,000.

            (3) Clad coins.--The Secretary shall issue coins under
        subsection (a)(3) with the dates and in the amounts as follows:

                   Year                             Amount

    1997...........................  Not more than 1,000,000.
    1998...........................  Not more than 1,250,000.

    (c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (d) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.

SEC. 3. SOURCES OF BULLION.

    (a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
    (b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Materials Stock Piling Act.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) Obverse.--The obverse side of the coins minted under
        this Act shall bear the likeness of Theodore Roosevelt.
            (2) Reverse.--The reverse side of the coin shall be
        emblematic of the Nation's natural resources.
            (3) Designation and inscriptions.--On each coin minted
        under this Act there shall be--
                    (A) a designation of the value of the coin;
                    (B) an inscription of the date of the coin as
                specified in section 2(b); and
                    (C) inscriptions of the words ``Liberty'', ``In God
                We Trust'', ``United States of America'', and ``E
                Pluribus Unum''.
    (b) 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 Commemorative Coin 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 combination of denomination and
quality of the coins minted under this Act.
    (c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1997.
    (d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1998.

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 surcharge provided in subsection (d) 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.--
            (1) In general.--The Secretary shall accept prepaid orders
        for the coins minted under this Act before the issuance of such
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders
        under paragraph (1) shall be at a reasonable discount.
    (d) Surcharges.--All sales shall include a surcharge of--
            (1) $35 per coin for the $5 coin;
            (2) $7 per coin for the $1 coin; and
            (3) $2 per coin for the half dollar coin.

SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

    (a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
    (b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.

SEC. 8. DISTRIBUTION OF SURCHARGES.

    (a) Administration of Endangered Species Act of 1973.--All
surcharges received by the Secretary from the sale of coins issued
under this Act shall, to the extent and in amounts provided in advance
in appropriation Acts, be promptly made available by the Secretary to
the Secretary of the Interior for use by such Secretary in connection
with the administration of the Endangered Species Act of 1973.
    (b) Excess Amounts.--If, after the sale of all coins minted under
this Act, the amount of surcharges received by the Secretary from the
sale of coins issued under this Act exceeds the amount of such
surcharges which have been appropriated to the Secretary of the
Interior in accordance with subsection (a), such excess amount shall be
deposited in the general fund of the Treasury.

SEC. 9. FINANCIAL ASSURANCES.

    (a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
    (b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
            (1) full payment for the coin;
            (2) security satisfactory to the Secretary to indemnify the
        United States for full payment; or
            (3) a guarantee of full payment satisfactory to the
        Secretary from a depository institution whose deposits are
        insured by the Federal Deposit Insurance Corporation or the
        National Credit Union Administration Board.

Summary: Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half-dollar coins whose obverse side shall bear the likeness of Theodore Roosevelt, and whose reverse side shall be emblematic of the Nation's natural resources. Mandates that surcharges received from coin sales be made available to the Secretary of the Interior in connection with the administration of the Endangered Species Act of 1973.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cleaning Product Right to Know Act
of 2011''.

SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.

    (a) Labeling Requirement.--Beginning 1 year after the date of
enactment of this Act, a cleaning product manufactured for sale,
offered for sale, distributed in commerce, or imported to the United
States after such date shall bear a label on the product's container or
packaging with a complete and accurate list of all the product's
ingredients, including the individual ingredients in dyes, fragrances,
and preservatives. Ingredients shall be listed in accordance with the
following:
            (1) Each ingredient shall be listed by the name assigned to
        it by the International Nomenclature of Cosmetic Ingredients.
        If there is no such name, by the name assigned to it by the
        International Union of Pure and Applied Chemistry. If there is
        no such name, the ingredient may be listed by its common
        chemical name.
            (2) Ingredients shall be listed in descending order of
        predominance in the product by weight, other than ingredients
        that constitute less than 1 percent of the product, which may
        be listed at the end in any order.
    (b) Exemptions.--
            (1) Exemption for undetectable ingredients.--The Commission
        may exempt from the labeling requirement an ingredient that is
        present in a cleaning product at such low levels that detection
        of the ingredient in the product is not technologically
        feasible.
            (2) Exemption for ingredients constituting trade secrets.--
                    (A) In general.--An ingredient may be exempt from
                the labeling requirements of this section if the
                manufacturer demonstrates to the Commission that such
                ingredient is a trade secret, as determined by the
                Commission under subparagraph (D), based on a claim
                submitted by the manufacturer under subparagraph (B).
                An exemption for an ingredient under this paragraph
                shall be for a period of 5 years, after which the
                manufacturer may again submit a claim for an additional
                5-year exemption.
                    (B) Claims of trade secrecy.--A manufacturer making
                a claim that an ingredient is a trade secret shall file
                such claim with the Commission. Such claim shall
                contain--
                            (i) the identity of the person making the
                        claim;
                            (ii) a brief description of the information
                        for which trade secret protection is being
                        claimed;
                            (iii) the period of time for which trade
                        secret protection is claimed and a
                        justification for the period selected;
                            (iv) the extent to which the information is
                        known by employees or others involved with the
                        facility or business, and whether or not those
                        individuals with knowledge are bound by non-
                        disclosure agreements;
                            (v) the extent to which the information is
                        known outside of the facility or business of
                        the person, and whether or not individuals with
                        such knowledge are bound by non-disclosure
                        agreements;
                            (vi) the measures taken to restrict access
                        to and safeguard the information, and whether
                        or not the person plans to continue utilizing
                        such measures;
                            (vii) copies of, or references to, any
                        pertinent confidentiality determinations
                        previously made by any public agencies;
                            (viii) the estimated dollar value of the
                        claimed information to the person's facility or
                        business, and to that person's competitors;
                            (ix) the amount of effort or money expended
                        by the person's facility or business in
                        developing the information;
                            (x) the ease or difficulty with which the
                        information could be properly acquired,
                        duplicated or reverse-engineered by others;
                            (xi) a description of the nature and extent
                        of substantial harm that would be caused if the
                        information were made public, including an
                        explanation of the causal relationship between
                        disclosure and the harmful effects claimed;
                            (xii) the signature of the person's general
                        counsel or other executive with knowledge of
                        the preparation of the substantiating
                        information certifying under penalty of
                        perjury, based upon the knowledge and belief of
                        the signatory, that--
                                    (I) the substantiating information
                                is true, accurate, and complete;
                                    (II) the information for which
                                trade secret protection is claimed is
                                not otherwise publicly available; and
                                    (III) there is a reasonable basis
                                to assert trade secret protection for
                                the information so claimed; and
                            (xiii) the name, mailing address, telephone
                        number and email address of the individual to
                        be contacted if any additional information is
                        needed by the Commission to make a
                        determination.
                    (C) Limitation.--No ingredient may be claimed as a
                trade secret if such ingredient--
                            (i) is publicly know to be in the product;
                            (ii) can be discovered through a standard
                        process of reverse engineering;
                            (iii) is a hazardous substance within the
                        meaning of section 2(f) of the Federal
                        Hazardous Substances Act (15 U.S.C. 1261(f));
                        or
                            (iv) is a substance--
                                    (I) meeting the criteria for
                                category 1 or category 2 for any of the
                                toxicity endpoints established by the
                                Globally Harmonized System for the
                                Classification and Labeling of
                                Hazardous Substances that causes an
                                adverse effect that has been
                                demonstrated in humans or other exposed
                                organisms; or
                                    (II) for which the weight of
                                evidence (such as demonstration of an
                                adverse effect, laboratory studies, or
                                data for a chemical from the same
                                chemical class that exhibits that
                                adverse effect) demonstrates the
                                potential for an adverse effect in
                                humans or other exposed organisms,
                                including actual or potential effects
                                of exposure to the chemical substance
                                or mixture on mortality, morbidity,
                                including carcinogenesis, reproduction,
                                growth and development, the immune
                                system, the endocrine system, the brain
                                or nervous system, other organ systems,
                                or any other biological functions in
                                humans or nonhuman organisms.
                    (D) CPSC determination.--As promptly as practicable
                after receiving the information submitted by a
                manufacturer, the Commission shall make a determination
                on the basis of such information as to whether the
                ingredient is a legitimate trade secret and shall
                notify the manufacturer of its determination.
    (c) Treatment Under the FHSA.--A cleaning product that is not in
conformity with the labeling requirements of subsection (a) and not
exempt from such requirements pursuant to subsection (b) shall be
treated as a substance defined in section 2(p) of the Federal Hazardous
Substances Act (15 U.S.C. 1261(p)) for purposes of such Act.
    (d) No Effect on Existing Labeling Requirements.--Nothing in this
Act shall be interpreted as having any effect on any labeling
requirements in effect before the date of enactment of this Act as
described in section 2(p) of the Federal Hazardous Substances Act (15
U.S.C. 1261(p)).
    (e) Rulemaking Authority.--The Commission may issue such
regulations it determines necessary to provide for the effective
enforcement of this Act, and shall consult with the Administrator of
the Environmental Protection Agency as necessary.

SEC. 3. PUBLIC RIGHT TO KNOW PETITION.

    (a) Petition.--Any person may submit a petition to the Commission
alleging that a cleaning product available in interstate commerce does
not satisfy the labeling requirements of this Act.
    (b) Action by the Commission.--The Commission shall notify a
petitioner of the receipt of a petition within 30 days after receipt of
such petition. The Commission shall investigate the claims made by the
petition and make a determination as to the validity of such claims
within 180 days after acknowledging the receipt of such petition. If
the Commission sustains the claim or claims made by the petition, the
Commission shall initiate the proper enforcement actions required by
law.
    (c) Regulations.--The Commission may issue such regulations as it
determines necessary to require that petitions include a reasonable
evidentiary basis for the claims made therein.

SEC. 4. REQUIRED INTERNET DISCLOSURE.

    (a) Manufacturer Disclosure.--Each manufacturer of a cleaning
product shall make available in a clear and conspicuous location on the
website of such manufacturer, if the manufacturer maintains a website,
a complete list of each of the manufacturer's cleaning products'
ingredients not later than 6 months after the date of enactment of this
Act.
    (b) Content and Requirements of Disclosure.--The disclosure
required by subsection (a) shall--
            (1) name and list the product's ingredients in the manner
        prescribed in section 3;
            (2) be reviewed every 120 days and revised as necessary to
        reflect changes to cleaning products;
            (3) include the appropriate Chemical Abstract Services
        number for each ingredient;
            (4) identify any potential adverse health effect of each
        ingredient in the cleaning product and use the appropriate
        signal word or hazard descriptor as prescribed in section 2(p)
        of the Federal Hazardous Substances Act (15 U.S.C. 1261(p));
        and
            (5) be sortable by product, ingredient, adverse health
        effect, and other categories as determined by the Commission.
    (c) Commission Disclosure.--Promptly after the date set forth in
subsection (a), the Commission shall provide on the website of the
Commission a web page that aggregates the information made available by
manufacturers under such subsection and that allows users to compare
products made by different manufacturers. Such web page shall be
reviewed every 6 months and revised as necessary to reflect changes to
cleaning products.
    (d) Language Accessibility.--The disclosures required to be made on
a website or web page subject to this section shall be available in
English, Spanish, and any other language the Commission determines
necessary to ensure that users of a cleaning product in the United
States are informed as to the complete list of the product's
ingredients and potential adverse health effects.

SEC. 5. ENHANCED PENALTIES.

    Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)(1)) is amended by striking ``$15,000,000'' and inserting
``$30,000,000''.

SEC. 6. REPORTING.

    Not later than 2 years after the date of enactment of this Act and
every 2 years thereafter, the Commission shall prepare a report on
compliance with the labeling requirement of this Act and the
enforcement activities of the Commission, and shall transmit such
report to Congress and make it publicly available on the Internet.

SEC. 7. PREEMPTION.

    Nothing in this Act affects the right of a State or political
subdivision of a State to adopt or enforce any regulation, requirement,
or standard of performance that is different from, or in addition to, a
regulation, requirement, liability, or standard of performance
established pursuant to this Act unless compliance with both this Act
and the State or political subdivision of a State regulation,
requirement, or standard of performance is impossible, in which case
the applicable provision of this Act shall control.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Adverse health effect.--The term ``adverse health
        effect'' means a chemical or biochemical change, anatomic
        change, or functional impairment, or a known precursor to such
        a change or impairment, that--
                    (A) has the potential to impair the performance of
                an anatomic structure of a vital system of an organism
                or progeny of an organism;
                    (B) causes irreversible change in the homeostasis
                of an organism;
                    (C) increases the susceptibility of an organism or
                progeny of an organism to other chemical or biological
                stressors or reduces the ability of an organism or
                progeny of an organism to respond to additional health
                or environmental challenges; or
                    (D) affects, alters, or harms the environment such
                that the health of humans or other organisms is
                directly or indirectly threatened.
            (2) Air care product.--The term ``air care product'' means
        a chemically formulated consumer product designed to clean and
        freshen air or to deodorize and neutralize unwanted odors in
        the indoor air, including solid gels, air freshener spray, an
        outlet or battery operated air freshener, a hanging car air
        freshener, and a potpourri product.
            (3) Automotive product.--The term ``automotive product''
        means a chemically formulated consumer product designed to
        maintain the appearance of a motor vehicle, but does not
        include automotive paint or a paint repair product.
            (4) Cleaning product.--The term ``cleaning product'' means
        any product used primarily for commercial, domestic, or
        institutional cleaning purposes, including an air care product,
        automotive product, disinfectant (except as provided in
        subparagraph (B)), and polish or floor maintenance product.
        Such term shall not include--
                    (A) any drug or cosmetics, including a personal
                care items such as toothpaste, shampoo, and hand soap;
                or
                    (B) a product labeled, advertised, marketed, and
                distributed for use only as a pesticide, as defined by
                section 2(u) of the Federal Insecticide, Fungicide and
                Rodenticide Act (7 U.S.C. 136(u)), including a
                disinfectant intended for use solely on critical or
                semi-critical devices as described by such section.
            (5) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission.
            (6) Ingredient.--The term ``ingredient'' means a chemical
        in a cleaning product, including--
                    (A) a chemical that provides a technical or
                functional effect;
                    (B) a chemical that has no technical or functional
                effect but is present by reason of having been
                incorporated into the cleaning product as an ingredient
                of another chemical;
                    (C) a processing aid that is present by reason of
                having been added to a cleaning product during the
                processing of such cleaning product;
                    (D) any substance that is present by reason of
                having been added to a cleaning product during
                processing for its technical or functional effect;
                    (E) any contaminant that may leach from container
                materials or form via reactions over the shelf life of
                a cleaning product and that may be present at levels
                where detection is technologically feasible;
                    (F) with respect to a fragrance or preservative,
                each individual component part of the fragrance or
                preservative by its individual name; and
                    (G) any individual component of a petroleum-
                derived, animal-derived, or other ingredient that the
                Commission determines be considered an ingredient.
            (7) Polish or floor maintenance product.--The term ``polish
        or floor maintenance product'' means a chemically formulated
        consumer product designed to polish, protect, or maintain
        furniture, floors, metal, leather, or other surfaces, including
        polish, wax, and restorer.

Summary: Cleaning Product Right to Know Act of 2011 - Requires a cleaning product manufactured or offered for sale, distributed in commerce, or imported into the United States to bear a label listing each of its ingredients: (1) by the name assigned by the International Nomenclature of Cosmetic Ingredients or, if there is no such name, by the name assigned by the International Union of Pure and Applied Chemistry or, if there is none, by its common chemical name. And (2) in descending order of predominance by weight, except that ingredients that constitute less than 1 of the product can be listed at the end in any order. Allows the Consumer Product Safety Commission (CPSC) to exempt from such labeling requirement: (1) an ingredient that is present in a product at such low levels that detection is not technologically feasible, or (2) for five-year periods, an ingredient that a manufacturer demonstrates to be a trade secret. Sets forth required disclosures for, and limitations to, a manufacturer's claim that an ingredient is a trade secret. Requires a product that is not in conformity with the labeling requirements and not exempt to be treated as a misbranded hazardous substance under the Federal Hazardous Substances Act (FHSA). Increases penalties for violations of FHSA. Authorizes any person to petition the CPSC to investigate claims that a product does not satisfy the labeling requirements. Requires: (1) each cleaning product manufacturer to make available on its website a complete list of ingredients for each product, including any potential adverse health effect of each ingredient. And (2) CPSC to provide on its website aggregated information that allows users to compare products made by different manufacturers.

To require ingredient labeling of certain consumer cleaning products, and for other purposes.