SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Adopted Children Equality
Act'' or the ``FACE Act''.

SEC. 2. CITIZENSHIP FOR CHILDREN ADOPTED FROM OUTSIDE THE UNITED
              STATES.

    (a) In General.--Section 320(b) of the Immigration and Nationality
Act (8 U.S.C. 1431(b)) is amended to read as follows:
    ``(b) Citizenship for Children Adopted From Outside the United
States.--
            ``(1) In general.--A child born outside the United States
        automatically becomes a citizen of the United States if the
        Secretary of State is satisfied that all of the following
        conditions are met:
                    ``(A) The child is adopted by a parent who is a
                citizen of the United States.
                    ``(B) The child is younger than 18 years of age.
                    ``(C) It is determined that each adopting parent is
                eligible and suitable to adopt the child, including
                determining that the parent is able to support the
                child and has undergone an appropriate criminal
                background check.
                    ``(D) Prior to the adoption, the child was an
                unmarried individual younger than 18 years of age--
                            ``(i)(I) whose biological parents (or
                        parent, in the case of an individual who has 1
                        sole or surviving parent) or other person or
                        institution that retains legal custody of the
                        individual--
                                    ``(aa) have freely given their
                                written irrevocable consent to the
                                termination of their legal relationship
                                with the individual, and to the
                                individual's emigration and adoption
                                and that such consent has not been
                                induced by payment or compensation of
                                any kind and has not been given prior
                                to the birth of the individual;
                                    ``(bb) are unable to provide proper
                                care for the individual, as determined
                                by the competent authority of the
                                individual's residence; or
                                    ``(cc) have voluntarily
                                relinquished the individual to the
                                competent authorities pursuant to the
                                law of the individual's residence; or
                            ``(II) who, as determined by the competent
                        authority of the individual's residence--
                                    ``(aa) has been abandoned or
                                deserted by the individual's biological
                                parents or legal guardian; or
                                    ``(bb) has been orphaned due to the
                                death or disappearance of the
                                individual's biological parents or
                                legal guardian; and
                            ``(ii) with respect to whom the Secretary
                        of State--
                                    ``(I) is satisfied that the proper
                                care will be furnished the individual
                                if admitted to the United States;
                                    ``(II) is satisfied that the
                                purpose of the adoption is to form a
                                bona fide parent-child relationship and
                                that the parent-child relationship of
                                the individual and the biological
                                parents has been terminated (and in
                                carrying out both obligations under
                                this subparagraph, the Secretary of
                                State, in consultation with the
                                Secretary of Homeland Security, may
                                consider whether there is a petition
                                pending to confer immigrant status on 1
                                or both of the biological parents);
                                    ``(III) is satisfied that there has
                                been no inducement, financial or
                                otherwise, offered to obtain the
                                consent nor was it given before the
                                birth of the individual; and
                                    ``(IV) in consultation with the
                                Secretary of Homeland Security, is
                                satisfied that the individual is not a
                                security risk.
            ``(2) Citizenship from birth.--An individual who becomes a
        citizen of the United States pursuant to paragraph (1) shall be
        deemed to have been a citizen of the United States at birth and
        shall be issued a United States Consular Report of Birth.
            ``(3) Special rule for adoptees who are older than 18 years
        of age.--
                    ``(A) In general.--A person described in
                subparagraph (B) shall be deemed to have been a citizen
                of the United States at birth after the approval of an
                application filed within the United States or with a
                United States Embassy.
                    ``(B) Person described.--A person described in this
                clause is a person who--
                            ``(i) is older than 18 years of age;
                            ``(ii) was born outside the United States
                        and was adopted by a parent who is a citizen of
                        the United States before the date on which the
                        person reached 18 years of age; and
                            ``(iii) was described in subparagraph (E),
                        (F), or (G) of section 101(b)(1).
            ``(4) No liability for prior taxes.--An individual who
        becomes a citizen of the United States pursuant to paragraph
        (1) or (3) may not be liable for any taxes that the individual
        would have paid to the United States as a citizen of the United
        States before the date on which the individual becomes such a
        citizen.''.
    (b) Conforming Amendments.--
            (1) Heading.--The heading of section 320 of the Immigration
        and Nationality Act (8 U.S.C. 1431) is amended to read as
        follows:

   ``children born outside the united states; conditions under which
                       citizenship is acquired''.

            (2) Section 301 of the immigration and nationality act.--
        Section 301 of the Immigration and Nationality Act (8 U.S.C.
        1401) is amended--
                    (A) in subsection (g), by striking ``and'' at the
                end;
                    (B) in subsection (h), by striking the period at
                the end, inserting a semicolon and ``and''; and
                    (C) by adding at the end the following:
    ``(i) a person deemed a citizen at birth pursuant to section
320(b).''.
    (c) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by striking the item relating to section
320 and inserting the following:

``Sec. 320. Children born outside the United States; conditions under
                            which citizenship acquired.''.

SEC. 3. NONIMMIGRANT STATUS FOR CHILDREN BROUGHT TO THE UNITED STATES
              TO BE ADOPTED.

    Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
            (1) in subparagraph (U), by striking ``or'' at the end;
            (2) in subparagraph (V), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(W) an individual brought to the United States as
                a child to be adopted by a citizen of the United
                States.''.

SEC. 4. APPEAL OF NOTICE OF INTENT TO DENY AN ADOPTION.

    (a) Requirement To Provide Opportunity To Appeal.--If the Secretary
of State determines that a covered individual is not eligible to be
adopted by a citizen or national of the United States on the basis that
the conditions described in subsection (c) are not met, the Secretary
shall provide--
            (1) a notice of intent to deny the adoption of the child to
        such citizen or national of the United States; and
            (2) an opportunity for such citizen or national to appeal
        the determination.
    (b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who--
            (1) is younger than 18 years of age;
            (2) was born in a foreign country; and
            (3) is seeking to be adopted by a parent who is a citizen
        or national of the United States.
    (c) Conditions for Adoption.--The conditions described in this
subsection are met if--
            (1) the covered individual's biological parents (or parent,
        in the case of an individual who has 1 sole or surviving
        parent) or other person or institution that retains legal
        custody of the covered individual--
                    (A) have freely given their written irrevocable
                consent to the termination of their legal relationship
                with the individual, and to the individual's emigration
                and adoption and that such consent has not been induced
                by payment or compensation of any kind and has not been
                given prior to the birth of the individual;
                    (B) are unable to provide proper care for the
                individual, as determined by the competent authority in
                the country of the individual's residence; or
                    (C) have voluntarily relinquished the individual to
                the competent authorities pursuant to the law of the
                country of the individual's residence; or
            (2) the covered individual, as determined by the competent
        authority in the country of the individual's residence--
                    (A) has been abandoned or deserted by the
                individual's biological parents or legal guardian; or
                    (B) has been orphaned due to the death or
                disappearance of the individual's biological parents or
                legal guardian.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act, or in any amendment made by this Act, may be
construed to--
            (1) abrogate any citizenship rights provided to an adoptee
        by the adoptee's country of origin; or
            (2) nullify the facts of the adoptee's birth history.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that the government of each foreign
country from which children are adopted by citizens of the United
States should provide documentation of the adopted children's original
birth history to the adoptive family in accordance with the laws of
such country.

Summary: Foreign Adopted Children Equality Act or the FACE Act - Amends the Immigration and Nationality Act to set forth automatic citizenship criteria for a child adopted outside the United States by a US citizen parent. Deems such an adopted child to be a US citizen at birth. Deems to be a US citizen at birth, after the approval of an application filed within the United States or with a US Embassy, a person who: (1) is older than 18 years of age. (2) was born outside the United States and was adopted by a US citizen parent before such person reached 18 years of age. And (3) was adopted under 16 years of age and has lived with the adoptive parents for at least two years, was abused, or is an orphan who was under 16 years of age at the time an immediate relative status petition was filed on his or her behalf. Includes within the definition of nonimmigrant an individual brought to the United States as a child to be adopted by a US citizen. Expresses the sense of Congress that the government of each foreign country from which children are adopted by US citizens should provide the adoptive family with birth history documentation.

A bill to provide United States citizenship for children adopted from outside the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Health Access District
Act''.

SEC. 2. DEFINITIONS.

    (a) Comprehensive Health Access District.--In this Act, the term
``comprehensive health access district'' means a community in which
unemployment and the percentage of residents with incomes below the
poverty line are greater than the national average, and in which a
majority of the following conditions occur at rates greater than the
national average:
            (1) Infant mortality and low birth-weight babies.
            (2) Proportion of children below the age of 5 who have not
        received age-appropriate routine child-hood immunizations.
            (3) Hospitalization for preventable illnesses and
        conditions that may be managed successfully on an outpatient
        basis, such as otitis media, diabetes, and hypertension.
            (4) Emergency room visits for nonemergency conditions.
            (5) Accidental injury.
            (6) Incidence of tuberculosis, acquired immune deficiency
        syndrome, Black Lung disease, or cancer.
            (7) Incidence of violent crimes.
    (b) Comprehensive Community-Based Health Access Plan.--In this Act,
the terms ``comprehensive community-based health access plan'' and
``health access plan'' mean an entity that provides health care
services on a prepaid, capitated basis or any other risk basis and that
the Secretary has certified meets all the requirements contained in
section 5.
    (c) Secretary.--In this Act, the term ``Secretary'' means the
Secretary of Health and Human Services.

SEC. 3. MEDICAID STATE PLAN REQUIREMENTS FOR COMPREHENSIVE HEALTH
              ACCESS DISTRICTS.

    Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended--
            (1) by striking the period at the end of paragraph (65) and
        inserting ``; and'', and
            (2) by inserting after paragraph (65) the following new
        paragraph:
            ``(66) provide that each comprehensive health access
        district located within the State is served by a comprehensive
        community-based health access district plan (as such terms are
        defined in section 2 of the Comprehensive Health Access
        District Act).''.

SEC. 4. HEALTH ALLIANCE OBLIGATIONS WITH RESPECT TO COMPREHENSIVE
              HEALTH ACCESS DISTRICTS.

    Each Health Alliance or other health insurance purchasing
cooperative created as a result of the enactment of comprehensive
health care reform legislation that receives premiums on behalf of
persons formerly insured under title XIX of the Social Security Act and
whose boundaries encompass a comprehensive health access district shall
insure that a least one comprehensive community-based health access
plan is available to persons living in such district.

SEC 5. COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS.

    (a) Organizational Requirements.--
            (1) In general.--A health access plan must--
                    (A) be a public or private organization, organized
                under the laws of any State;
                    (B) locate its primary place of business in the
                comprehensive health access district it serves;
                    (C) give preference in hiring to otherwise
                qualified individuals who live within the comprehensive
                health access district; and
                    (D) have made adequate provision against the risk
                of insolvency, which provision is satisfactory to the
                State and which assures that individuals enrolled in a
                plan are in no case liable for debt of the plan in case
                of the plan's insolvency.
            (2) Methods of providing against risk of insolvency.--The
        provisions against the risk of insolvency under paragraph
        (1)(D) may include--
                    (A) escrow or similar arrangements to ensure that
                funds for the payment of providers are available only
                for such payments and cannot be otherwise used by the
                plan;
                    (B) reinsurance purchased by the plan of an amount
                which is reasonably adequate to insure against
                unexpected costs;
                    (C) a demonstration of financial viability, as
                evidenced by the plan's obtaining a significant amount
                of reinsurance, line of credit, or performance bond; or
                    (D) such other mechanisms and requirements as the
                State finds appropriate.
    (b) Service Requirements.--
            (1) Basic benefits.--A health access plan shall provide,
        either directly or through arrangements with providers, the
        following basic benefits:
                    (A) Hospital services, including inpatient,
                outpatient and 24-hour emergency services.
                    (B) Emergency and ambulatory medical and surgical
                services.
                    (C) Physicians' services.
                    (D) Medical care other than physicians' services
                recognized under State law and furnished by licensed
                practitioners within the scope of their practice as
                defined by State law.
                    (E) Dental services.
                    (F) Vision services.
                    (G) Preventive health care services (including
                children's eye and ear examinations to determine the
                need for vision and hearing correction, well child
                services, immunizations against vaccine-preventable
                diseases, and screening for elevated blood lead
                levels).
                    (H) Outpatient laboratory, radiology, and
                diagnostic services.
                    (I) Ambulance services.
                    (J) Mental health and substance abuse services.
                    (K) Family planning services and services for
                pregnant women.
                    (L) Outpatient prescription drugs and biologicals.
            (2) Community-based health services.--In addition to
        providing the services described in paragraph (1), a health
        access plan shall--
                    (A) identify the most frequent causes of morbidity
                and mortality in the comprehensive health access
                district (such as acquired immune deficiency syndrome,
                tuberculosis, mental illness, substance abuse and
                addiction, childhood developmental disorders
                (particularly those caused by children's exposure to
                violence), asthma, teen pregnancy, unhealthy behaviors
                (such as smoking and high-fat diets), and lead
                poisoning); and
                    (B) design and implement programs of prevention,
                early intervention, or treatment intended to ameliorate
                or eliminate the factors identified in subparagraph
                (A).
                    (3) Coordination of services.--In addition to
                providing the services described in paragraphs (1) and
                (2), a health access plan must promote its enrollees'
                access to social, educational or economic services
                (such as child day care, nutritional services,
                vocational training, and adult literacy programs).
    (c) Service Network Requirements.--
            (1) Basic service network.--A health access plan shall
        enter into arrangements with a sufficient number and variety of
        providers to guarantee that--
                    (A) the plan's enrollees have access to the
                services described in subsection (b); and
                    (B) the provider network takes into account and is
                representative of the cultural identity and diversity
                of the community being served.
            (2) Traditional community providers.--A health access plan
        shall, to the extent feasible, draw upon health care providers
        currently serving the community, including health centers (as
        defined in section 330(a) of the Public Health Service Act) and
        hospitals operated by units of local government, in developing
        its service network.
            (3) Development of new health resources.--A health access
        plan shall develop new health resources in the community (such
        as schoolbased clinics, mobile screening programs, and clinics
        based in public housing) to meet needs that are not met by
        existing community resources.
    (d) Access Standards.--A health access plan shall insure that each
individual enrolled in it--
            (1) is linked with the primary care physician within the
        health access plan's provider network of the individual's
        choice and has access to that doctor on a 24-hour a day, 7-day
        a week basis;
            (2) has round-the-clock telephone access to a central
        program office for information purposes as well as to voice
        grievances; and
            (3) has access to interpreter services as necessary (where
        a significant proportion of the population in the community
        health access district is non-English speaking, the health
        access plan shall insure that a corresponding proportion of its
        health care providers have multilingual capability).
    (e) Quality Assurance Standards.--A health access plan shall
establish and maintain a quality assurance program that includes at
least the following activities:
            (1) Treatment standards.--A health access plan shall
        establish--
                    (A) minimum standards for treating patients that
                participating providers must satisfy;
                    (B) a program of ongoing medical record reviews and
                other provider audits to insure compliance with the
                plan's treatment standards; and
                    (C) a system of sanctions to insure that providers
                who do not comply with the plan's treatment standards
                will be penalized and, if found to be repeatedly out of
                compliance, terminated from participation in the health
                access plan service network.
            (2) Data collection.--A health access plan shall monitor
        morbidity and mortality within the comprehensive health access
        district and identify the leading causes of death and disease.
            (3) Member surveys.--A health access plan shall survey its
        enrollees on a regular basis to determine their satisfaction
        with the quality of services received.
            (4) Independent quality audits.--A health access plan shall
        be evaluated on a regular basis by an independent health care
        accrediting organization.
    (f) Effective Grievance Procedures.--A health access plan must
provide for effective procedures for hearing and resolving grievances
between the plan and individuals enrolled in the plan.
    (g) Confidentiality of Enrollee Records.--
            (1) A health access plan shall ensure that information
        concerning its enrollees is protected from unauthorized
        disclosure by the plan, its employees or its providers.
            (2) To promote the coordination of benefits to health plan
        enrollees, a health access plan may disclose information about
        its enrollees to the extent necessary to facilitate the
        enrollee's receipt of services and assistance from other
        entities.

SEC. 6. DESIGNATION OF COMPREHENSIVE HEALTH ACCESS DISTRICTS AND
              CERTIFICATION OF COMPREHENSIVE COMMUNITY-BASED HEALTH
              ACCESS PLANS.

    The Secretary shall designate a community that meets the criteria
set forth in section 2(a) as a comprehensive health access district and
shall certify an entity that meets the requirements set forth in
section 5 as a comprehensive community-based health access plan. Each
such certification and designation shall be reviewed every five years.
The Secretary may delegate all or part of the certification function
for health access plans to the State in which the health access plan
operates.

SEC. 7. NATIONAL HEALTH OUTCOMES RESEARCH AND EVALUATION.

    (a) Provision of Information.--In order to evaluate the performance
of health access plans in improving the health status of persons living
in comprehensive health access districts, each health access plan shall
provide the Secretary, at a time and in a manner specified by the
Secretary, at least the following information:
            (1) Information on the characteristics of enrollees that
        may affect their need for or use of health services.
            (2) Information on the types of treatments and services and
        outcomes of treatments with respect to the clinical health,
        functional status and well-being of enrollees.
            (3) Information on enrollee satisfaction.
            (4) Information on health care expenditures, volume and
        prices of procedures, and use of specialized services.
    (b) Analysis of Information.--The Secretary shall analyze the
information reported by health access plans in order to report to
Congress, the plans and the public, not less often than annually, on
the following:
            (1) The health status of persons living in comprehensive
        health access district (particularly those indicators listed in
        section 2(a)).
            (2) The level and rate of expenditures by health access
        plans on medical services and other programs to improve health
        status.
            (3) The effectiveness of health access plans in improving
        health outcomes (particularly outcomes related to health
        indicators listed in section 2(a)).
    (c) Research.--
            (1) The Secretary shall examine the relationship between
        socioeconomic factors and health status and, based on his
        findings, suggest interventions appropriate to comprehensive
        health access districts.
            (2) The Secretary may contract with non-governmental
        entities to perform this research. Persons undertaking this
        work shall have access to the information provided by the
        health access plans to the Secretary.

SEC. 8. REGULATIONS AND EFFECTIVE DATE.

    (a) In General.--The Secretary shall promulgate regulations
necessary to implement this Act.
    (b) Effective Date.--This Act shall take effect on July 1, 2000,
without regard to whether or not final regulations to carry out this
Act have been promulgated by such date.

Summary: Comprehensive Health Access District Act - Defines: (1) comprehensive health access district as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average. And (2) comprehensive community-based health access plan as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Personal Privacy Protection Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Individuals and their families have been harassed and
        endangered by being persistently followed or chased in a manner
        that puts them in reasonable fear of bodily injury, and in
        danger of serious bodily injury or even death, by
        photographers, videographers, and audio recorders attempting to
        capture images or other reproductions of their private lives
        for commercial purposes.
            (2) The legitimate privacy interests of individuals and
        their families have been violated by photographers,
        videographers, and audio recorders who physically trespass in
        order to capture images or other reproductions of their private
        lives for commercial purposes, or who do so constructively
        through intrusive modern visual or auditory enhancement
        devices, such as powerful telephoto lenses and hyperbolic
        microphones that enable invasion of private areas that would
        otherwise be impossible without trespassing.
            (3) Such harassment and trespass threatens not only
        professional public persons and their families, but also
        private persons and their families for whom personal tragedies
        or circumstances beyond their control create media interest.
            (4) Federal legislation is necessary to protect individuals
        and their families from persistent following or chasing for
        commercial purposes that causes reasonable fear of bodily
        injury, because such harassment is not directly regulated by
        applicable Federal, State, and local statutory or common laws,
        because those laws provide an uneven patchwork of coverage, and
        because those laws may not cover such activities when
        undertaken for commercial purposes.
            (5) Federal legislation is necessary to prohibit and
        provide proper redress in Federal courts for trespass and
        constructive trespass using intrusive visual or auditory
        enhancement devices for commercial purposes, because
        technological advances such as telephoto lenses and hyperbolic
        microphones render inadequate existing common law and State and
        local regulation of such trespass and invasion of privacy.
            (6) There is no right, under the first amendment to the
        Constitution of the United States, to persistently follow or
        chase another in a manner that creates a reasonable fear of
        bodily injury, to trespass, or to constructively trespass
        through the use of intrusive visual or auditory enhancement
        devices.
            (7) This Act, and the amendments made by this Act, do not
        in any way regulate, prohibit, or create liability for
        publication or broadcast of any image or information, but
        rather use narrowly tailored means to prohibit and create
        liability for specific dangerous and intrusive activities that
        the Federal Government has an important interest in preventing,
        and ensure a safe and secure private realm for individuals
        against intrusion, which the Federal Government has an
        important interest in ensuring.
            (8) This Act protects against unwarranted harassment,
        endangerment, invasion of privacy, and trespass in an
        appropriately narrowly tailored manner without abridging the
        exercise of any rights guaranteed under the first amendment to
        the Constitution of the United States, or any other provision
        of law.
            (9) Congress has the affirmative power under section 8 of
        article I of the Constitution of the United States to enact
        this Act.
            (10) Because this Act regulates only conduct undertaken in
        order to create products intended to be and routinely
        transmitted, bought, or sold in interstate or foreign commerce,
        or persons who travel in interstate or foreign commerce in
        order to engage in regulated conduct, the Act is limited
        properly to regulation of interstate or foreign commerce.
            (11) Photographs and other reproductions of the private
        activities of persons obtained through activities regulated by
        this Act, and the amendments made by this Act, are routinely
        reproduced and broadcast in interstate and international
        commerce.
            (12) Photographers, videographers, and audio recorders
        routinely travel in interstate commerce in order to engage in
        the activities regulated by this Act, and the amendments made
        by this Act, with the intent, expectation, and routine result
        of gaining material that is bought and sold in interstate
        commerce.
            (13) The activities regulated by this Act, and the
        amendments made by this Act, occur routinely in the channels of
        interstate commerce, such as the persistent following or
        chasing of subjects in an inappropriate manner on public
        streets and thoroughfares or in airports, and the use of public
        streets and thoroughfares, interstate and international
        airports, and travel in interstate and international waters in
        order to physically or constructively trespass for commercial
        purposes.
            (14) The activities regulated by this Act, and the
        amendments made by this Act, substantially affect interstate
        commerce by threatening the careers, livelihoods, and rights to
        publicity of professional public persons in the national and
        international media, and by thrusting private persons into the
national and international media.
            (15) The activities regulated by this Act, and the
        amendments made by this Act, substantially affect interstate
        commerce by restricting the movement of persons who are
        targeted by such activities and their families, often forcing
        them to curtail travel or appearances in public spaces, or,
        conversely, forcing them to travel in interstate commerce in
        order to escape from abuses regulated by this Act, and the
        amendments made by this Act.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect individuals and their families against
        reasonable fear of bodily injury, endangerment, trespass, and
        intrusions on their privacy due to activities undertaken in
        connection with interstate and international commerce in
        reproduction and broadcast of their private activities;
            (2) to protect interstate commerce affected by such
        activities, including the interstate commerce of individuals
        who are the subject of such activities; and
            (3) to establish the right of private parties injured by
        such activities, as well as the Attorney General of the United
        States and State attorneys general in appropriate cases, to
        bring actions for appropriate relief.

SEC. 3. CRIMINAL OFFENSE.

    (a) In General.--Chapter 89 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1822. Harassment for commercial purposes
    ``(a) Definitions.--In this section:
            ``(1) For commercial purposes.--
                    ``(A) In general.--The term `for commercial
                purposes' means with the expectation of sale, financial
                gain, or other consideration.
                    ``(B) Rule of construction.--For purposes of this
                section, a visual image, sound recording, or other
                physical impression shall not be found to have been, or
                intended to have been, captured for commercial purposes
                unless it was intended to be, or was in fact, sold,
                published, or transmitted in interstate or foreign
                commerce, or unless the person attempting to capture
                such image, recording, or impression moved in
                interstate or foreign commerce in order to capture such
                image, recording, or impression.
            ``(2) Harasses.--The term `harasses' means persistently
        physically follows or chases a person in a manner that causes
        the person to have a reasonable fear of bodily injury, in order
        to capture by a visual or auditory recording instrument any
        type of visual image, sound recording, or other physical
        impression of the person for commercial purposes.
    ``(b) Prohibition and Penalties.--Whoever harasses any person
within the United States or the special maritime and territorial
jurisdiction of the United States--
            ``(1) if death is proximately caused by such harassment,
        shall be imprisoned not less than 20 years and fined under this
        title;
            ``(2) if serious bodily injury is proximately caused by
        such harassment, shall be imprisoned not less than 5 years and
        fined under this title; and
            ``(3) if neither death nor serious bodily injury is
        proximately caused by such harassment, shall be imprisoned not
        more than 1 year, fined under this title, or both.
    ``(c) Cause of Action.--Any person who is legally present in the
United States and who is subjected to a violation of this section may,
in a civil action against the person engaging in the violation, obtain
any appropriate relief, including compensatory damages, punitive
damages, and injunctive and declaratory relief. In any civil action or
proceeding to enforce a provision of this section, the court shall
allow the prevailing party reasonable attorney's fees as part of the
costs. In awarding attorney's fees, the court shall include expert fees
as part of the attorney's fees.
    ``(d) Limitation on Defenses.--It is not a defense to a prosecution
or civil action under this section that--
            ``(1) no image or recording was captured; or
            ``(2) no image or recording was sold.
    ``(e) Use of Images.--Nothing in this section may be construed to
make the sale, transmission, publication, broadcast, or use of any
image or recording of the type or under the circumstances described in
this section in any otherwise lawful manner by any person subject to
criminal charge or civil liability.
    ``(f) Limitation.--Only a person physically present at the time of,
and engaging or assisting another in engaging in, a violation of this
section is subject to criminal charge or civil liability under this
section. A person shall not be subject to such charge or liability by
reason of the conduct of an agent, employee, or contractor of that
person or because images or recordings captured in violation of this
section were solicited, bought, used, or sold by that person.
    ``(g) Law Enforcement Exemption.--The prohibitions of this section
do not apply with respect to official law enforcement activities.
    ``(h) Savings.--Nothing in this section shall be taken to preempt
any right or remedy otherwise available under Federal, State or local
law.''.
    (b) Technical Amendment.--The analysis for chapter 89 of title 18,
United States Code, is amended by adding at the end the following:

``1822. Harassment for commercial purposes.''.

SEC. 4. PERSONAL INTRUSION FOR COMMERCIAL PURPOSES.

    (a) Definition of For Commercial Purposes.--
            (1) In general.--In this section, the term `for commercial
        purposes' means with the expectation of sale, financial gain,
        or other consideration.
            (2) Rule of construction.--For purposes of this section, a
        visual image, sound recording, or other physical impression
        shall not be found to have been, or intended to have been,
        captured for commercial purposes unless it was intended to be,
        or was in fact, sold, published, or transmitted in interstate
        or foreign commerce, or unless the person attempting to capture
        such image, recording, or impression moved in interstate or
        foreign commerce in order to capture such image, recording, or
        impression.
    (b) Trespass for Commercial Purposes and Invasion of Legitimate
Interest in Privacy for Commercial Purposes.--
            (1) Trespass for commercial purposes.--It shall be unlawful
        to trespass on private property in order to capture any type of
        visual image, sound recording, or other physical impression of
        any person for commercial purposes.
            (2) Invasion of legitimate interest in privacy for
        commercial purposes.--It shall be unlawful to capture any type
        of visual image, sound recording, or other physical impression
        for commercial purposes of a personal or familial activity
        through the use of a visual or auditory enhancement device,
        even if no physical trespass has occurred, if--
                    (A) the subject of the image, sound recording, or
                other physical impression has a reasonable expectation
                of privacy with respect to the personal or familial
                activity captured; and
                    (B) the image, sound recording, or other physical
                impression could not have been captured without a
                trespass if not produced by the use of the enhancement
                device.
    (c) Cause of Action.--Any person who is legally present in the
United States who is subjected to a violation of this section may, in a
civil action against the person engaging in the violation, obtain any
appropriate relief, including compensatory damages, punitive damages
and injunctive and declaratory relief. A person obtaining relief may be
either or both the owner of the property or the person whose visual or
auditory impression has been captured. In any civil action or
proceeding to enforce a provision of this section, the court shall
allow the prevailing party reasonable attorney's fees as part of the
costs. In awarding attorney's fees, the court shall include expert fees
as part of the attorney's fees.
    (d) Limitation on Defenses.--It is not a defense to an action under
this section that--
            (1) no image or recording was captured; or
            (2) no image or recording was sold.
    (e) Use of Images.--Nothing in this section may be construed to
make the sale, transmission, publication, broadcast, or use of any
image or recording of the type or under the circumstances described
herein in any otherwise lawful manner by any person subject to criminal
charge or civil liability.
    (f) Limitation.--Only a person physically present at the time of,
and engaging or assisting another in engaging in, a violation of this
section is subject to civil liability under this section. A person
shall not be subject to such liability by reason of the conduct of an
agent, employee, or contractor of that person, or because images or
recordings captured in violation of this section were solicited,
bought, used, or sold by that person.
    (g) Law Enforcement Exemption.--The prohibitions of this section do
not apply with respect to official law enforcement activities.
    (h) Savings.--Nothing in this section shall be taken to preempt any
right or remedy otherwise available under Federal, State, or local law.

SEC. 5. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.

Summary: Personal Privacy Protection Act - Amends the Federal criminal code to prohibit and set penalties for harassing any person within the United States or the US special maritime and territorial jurisdiction. Defines harass to mean persistently physically following or chasing a person in a manner that causes such person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes. Prohibits: (1) trespassing on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes. And (2) capturing any such image, recording, or impression of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if the subject has a reasonable expectation of privacy with respect to the activity captured and if the image, recording, or impression could not have been captured without a trespass if not produced by the use of the enhancement device. Authorizes any person who is legally present in the United States and who is subjected to a violation of this Act to bring a civil action to obtain compensatory and punitive damages and injunctive and declaratory relief. Directs the court to allow the prevailing party reasonable attorney's fees, including expert fees. Specifies that: (1) it shall not be a defense to a prosecution or civil action that no image or recording was captured or sold. And (2) only a person physically present at the time of, and engaging or assisting another in engaging in, a violation is subject to criminal charge or civil liability under this Act. Makes this Act's prohibitions inapplicable to official law enforcement activities.

Personal Privacy Protection Act


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe Food Act of
1999''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of independent Food Safety Administration.
Sec. 5. Consolidation of separate food safety and inspection services
                            and agencies.
Sec. 6. Additional authorities of the Administration.
Sec. 7. Limitation on authorization of appropriations.
Sec. 8. Effective date.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The safety and security of the food supply of the
        United States requires efficient and effective management of
        food safety regulations.
            (2) The safety of the food supply of the United States is
        facing tremendous pressures with regard to the following
        issues:
                    (A) Emerging pathogens and the ability to detect
                them.
                    (B) An aging population with a growing number of
                people at high risk for foodborne illnesses.
                    (C) An increasing volume of imported foods, without
                adequate monitoring and inspection.
                    (D) Maintenance of adequate inspection of the
                domestic food processing and food service industry.
            (3) Federal food safety inspection, enforcement, and
        research efforts should be based on scientifically supportable
        assessments of risks to public health.
            (4) The Federal food safety system is fragmented, with at
        least 12 primary Federal agencies governing food safety.
    (b) Purposes.--It is the purpose of this Act--
            (1) to establish a single agency, the Food Safety
        Administration, that will be responsible for the regulation of
        food safety and labeling and for conducting food safety
        inspections to ensure, with reasonable certainty, that no harm
        will result from the consumption of food, by preventing food-
        borne illnesses due to microbial, natural, or chemical hazards
        in food; and
            (2) to transfer to the Food Safety Administration the food
        safety, labeling, and inspection functions currently performed
        by other Federal agencies, to achieve more efficient management
        and effective application of Federal food safety laws for the
        protection and improvement of public health.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Administration.--The term ``Administration'' means the
        Food Safety Administration established under section 4.
            (2) Administrator.--The term ``Administrator'' means the
        Administrator of Food Safety appointed under section 4.
            (3) Food safety laws.--The term ``food safety laws'' means
        the following:
                    (A) The Federal Meat Inspection Act (21 U.S.C. 601
                et seq.).
                    (B) The Poultry Products Inspection Act (21 U.S.C.
                451 et seq.).
                    (C) The Egg Products Inspection Act (21 U.S.C. 1031
                et seq.).
                    (D) The Federal Food, Drug, and Cosmetic Act (21
                U.S.C. 301 et seq.), with regard to food safety,
                labeling, and inspection under that Act.
                    (E) Such other laws and portions of laws regarding
                food safety, labeling, and inspection as the President
                may designate by Executive order as appropriate to
                consolidate under the administration of the
                Administration.

SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.

    (a) Establishment of Administration; Administrator.--There is
established in the executive branch an agency to be known as the ``Food
Safety Administration''. The Administration shall be an independent
establishment, as defined in section 104 of title 5, United States
Code. The Administration shall be headed by the Administrator of Food
Safety, who shall be appointed by the President, by and with the advice
and consent of the Senate.
    (b) Responsibilities.--The Administrator shall administer and
enforce the food safety laws for the protection of the public health
and shall oversee the following functions of the Administration:
            (1) Implementation of Federal food safety inspection,
        enforcement, and research efforts, based on scientifically
        supportable assessments of risks to public health.
            (2) Development of consistent and science-based standards
        for safe food.
            (3) Coordination and prioritization of food safety research
        and education programs with other Federal agencies.
            (4) Coordination of the Federal response to foodborne
        illness outbreaks with other Federal agencies and State
        agencies.
            (5) Integration of Federal food safety activities with
        State and local agencies.

SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES
              AND AGENCIES.

    (a) Transfer of Functions.--For each Federal agency specified in
subsection (b), there are transferred to the Administration all
functions that the head of the Federal agency exercised on the day
before the effective date specified in section 8 (including all related
functions of any officer or employee of the Federal agency) that relate
to administration or enforcement of the food safety laws, as determined
by the President.
    (b) Covered Agencies.--The Federal agencies referred to in
subsection (a) are the following:
            (1) The Food Safety and Inspection Service of the
        Department of Agriculture.
            (2) The Center for Food Safety and Applied Nutrition of the
        Food and Drug Administration.
            (3) The Center for Veterinary Medicine of the Food and Drug
        Administration.
            (4) The National Marine Fisheries Service of the National
        Oceanic and Atmospheric Administration of the Department of
        Commerce as it relates to the Seafood Inspection Program.
            (5) Such other offices, services, or agencies as the
        President may designate by Executive order to further the
        purposes of this Act.
    (c) Transfer of Assets and Funds.--Consistent with section 1531 of
title 31, United States Code, the personnel, assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds that
relate to the functions transferred under subsection (a) from a Federal
agency shall be transferred to the Administration. Unexpended funds
transferred pursuant to this subsection shall be used by the
Administration only for the purposes for which the funds were
originally authorized and appropriated.
    (d) References.--After the transfer of functions from a Federal
agency under subsection (a), any reference in any other Federal law,
Executive order, rule, regulation, document, or other material to that
Federal agency or the head of that agency in connection with the
administration or enforcement of the food safety laws shall be deemed
to be a reference to the Administration or the Administrator,
respectively.
    (e) Savings Provisions.--The transfer of functions from a Federal
agency under subsection (a) shall not affect--
            (1) an order, determination, rule, regulation, permit,
        agreement, grant, contract, certificate, license, registration,
        privilege, or other administrative action issued, made,
        granted, or otherwise in effect or final with respect to that
        agency on the day before the transfer date with respect to the
        transferred functions; or
            (2) any suit commenced with regard to that agency, and any
        other proceeding (including a notice of proposed rulemaking),
        or any application for any license, permit, certificate, or
        financial assistance pending before that agency on the day
        before the transfer date with respect to the transferred
        functions.

SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION.

    (a) Officers and Employees.--The Administrator may appoint officers
and employees for the Administration in accordance with the provisions
of title 5, United States Code, relating to appointment in the
competitive service, and fix the compensation of the officers and
employees in accordance with chapter 51 and with subchapter III of
chapter 53 of such title, relating to classification and General
Schedule pay rates.
    (b) Experts and Consultants.--The Administrator may procure the
services of experts and consultants as authorized by section 3109 of
title 5, United States Code, and pay in connection with the services
travel expenses of individuals, including transportation and per diem
in lieu of subsistence while away from the homes or regular places of
business of the individuals, as authorized by section 5703 of such
title.
    (c) Bureaus, Offices, and Divisions.--The Administrator may
establish within the Administration such bureaus, offices, and
divisions as the Administrator may determine to be necessary to
discharge the responsibilities of the Administration.
    (d) Rules.--The Administrator may prescribe, in accordance with
chapters 5 and 6 of title 5, United States Code, such rules as the
Administrator determines to be necessary or appropriate to administer
and manage the functions of the Administrator.

SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.

    For the fiscal year that includes the effective date of this Act,
the amount authorized to be appropriated to carry out this Act shall
not exceed--
            (1) the amount appropriated for that fiscal year for the
        Federal agencies described in section 5(b) for the purpose of
        administering or enforcing the food safety laws; or
            (2) the amount appropriated for these agencies for such
        purpose for the preceding fiscal year, if, as of the effective
        date of this Act, appropriations for these agencies for the
        fiscal year that includes the effective date have not yet been
        made.

SEC. 8. EFFECTIVE DATE.

    This Act shall take effect on the earlier of--
            (1) the date that is 180 days after the date of the
        enactment of this Act; and
            (2) such date during that 180-day period as the President
        may direct in an Executive order.

Summary: Transfers to the Administration all functions of the following Federal agencies that relate to administration or enforcement of the food safety laws, as determined by the President: (1) the Food Safety and Inspection Service of the Department of Agriculture. (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration (FDA), (3) the Center for Veterinary Medicine of FDA. (4) the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program. And (5) such others as the President may designate by executive order.

Safe Food Act of 1999


SECTION 1. PAYMENT LIMITATIONS.

    Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is
amended--
            (1) in subsection (b)(1), by striking ``$40,000'' and
        inserting ``$20,000'';
            (2) in subsection (c)(1), by striking ``$65,000'' and
        inserting ``$30,000'';
            (3) by striking ``(d)'' and all that follows through the
        end of paragraph (1) and inserting the following:
    ``(d) Limitations on Marketing Loan Gains, Loan Deficiency
Payments, and Commodity Certificate Transactions.--
            ``(1) Loan commodities.--The total amount of the following
        gains and payments that a person may receive during any crop
        year may not exceed $87,500:
                    ``(A)(i) Any gain realized by a producer from
                repaying a marketing assistance loan for 1 or more loan
                commodities under subtitle B of title I of the Farm
                Security and Rural Investment Act of 2002 (7 U.S.C.
                7931 et seq.) at a lower level than the original loan
                rate established for the loan commodity under that
                subtitle.
                    ``(ii) In the case of settlement of a marketing
                assistance loan for 1 or more loan commodities under
                that subtitle by forfeiture, the amount by which the
                loan amount exceeds the repayment amount for the loan
                if the loan had been settled by repayment instead of
                forfeiture.
                    ``(B) Any loan deficiency payments received for 1
                or more loan commodities under that subtitle.
                    ``(C) Any gain realized from the use of a commodity
                certificate issued by the Commodity Credit Corporation
                for 1 or more loan commodities, as determined by the
                Secretary, including the use of a certificate for the
                settlement of a marketing assistance loan made under
                that subtitle.''; and
            (4) by adding at the end the following:
    ``(h) Single Farming Operation.--
            ``(1) In general.--Notwithstanding subsections (b) through
        (d), subject to paragraph (2), if a person participates only in
        a single farming operation and receives, directly or
        indirectly, any payment or gain covered by this section through
        the operation, the total amount of payments or gains (as
        applicable) covered by this section that the person may receive
        during any crop year may not exceed twice the applicable dollar
        amounts specified in subsections (b), (c), and (d).
            ``(2) Individuals.--The total amount of payments or gains
        (as applicable) covered by this section that an individual
        person may receive during any crop year may not exceed
        $275,000.
    ``(i) Spouse Equity.--Notwithstanding subsections (b) through (d),
except as provided in subsection (e)(2)(C)(i), if an individual and
spouse are covered by subsection (e)(2)(C) and receive, directly or
indirectly, any payment or gain covered by this section, the total
amount of payments or gains (as applicable) covered by this section
that the individual and spouse may jointly receive during any crop year
may not exceed twice the applicable dollar amounts specified in
subsections (b), (c), and (d).
    ``(j) Regulations.--
            ``(1) In general.--Not later than July 1, 2003, the
        Secretary shall promulgate regulations--
                    ``(A) to ensure that total payments and gains
                described in this section made to or through joint
                operations or multiple entities under the primary
                control of a person, in combination with the payments
                and gains received directly by the person, shall not
                exceed twice the applicable dollar amounts specified in
                subsections (b), (c), and (d);
                    ``(B) in the case of a person that in the aggregate
                owns, conducts farming operations, or provides custom
                farming services on land with respect to which the
                aggregate payments received by the person exceed the
                applicable dollar amounts specified in subsections (b),
                (c), and (d), to attribute all payments and gains made
                to the person on crops produced on the land to--
                            ``(i) a person that rents land for a share
                        of the crop that is less than the usual and
                        customary rate, as determined by the Secretary;
                            ``(ii) a person that provides custom
                        farming services through arrangements under
                        which--
                                    ``(I) all or part of the
                                compensation for the services is at
                                risk;
                                    ``(II) farm management services are
                                provided by--
                                            ``(aa) the same person;
                                            ``(bb) an immediate family
                                        member; or
                                            ``(cc) an entity or
                                        individual that has a business
                                        relationship that is not an
                                        arm's length relationship, as
                                        determined by the Secretary; or
                                    ``(III) more than \2/3\ of all
                                payments received for custom farming
                                services are received by--
                                            ``(aa) the same person;
                                            ``(bb) an immediate family
                                        member; or
                                            ``(cc) an entity or
                                        individual that has a business
                                        relationship that is not an
                                        arm's length relationship, as
                                        determined by the Secretary; or
                            ``(iii) a person under such other
                        arrangements as the Secretary determines are
                        established to transfer payments from persons
                        that would otherwise exceed the applicable
                        dollar amounts specified in subsections (b),
                        (c), and (d); and
                    ``(C) to ensure that payments attributed under this
                section to a person other than the direct recipient
                shall also count toward the limit of the direct
                recipient.
            ``(2) Primary control.--The regulations under paragraph (1)
        shall define `primary control' to include a joint operation or
        multiple entity in which a person owns an interest that is
        greater than the total interests held by other persons that
        materially participate on a regular, substantial, and
        continuous basis in the management of the operation or
        entity.''.

SEC. 2. REGULATIONS.

    (a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act and the amendments
made by this Act.
    (b) Procedure.--The promulgation of the regulations and
administration of this Act and the amendments made by this Act shall be
made without regard to--
            (1) the notice and comment provisions of section 553 of
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to
        notices of proposed rulemaking and public participation in
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.

Summary: Amends the Food Security Act of 1985 to reduce maximum annual direct and counter-cyclical commodity payments to $20,000 and $30,000, respectively. Revises limitation provisions for marketing loan gains, loan deficiency payments, and commodity certificate transactions, and establishes an annual combined limitation of $87,500 for such payments. Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $275,000.

A bill to amend the Food Security Act of 1985 to strengthen payment limitations for commodity payments and benefits.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Political Intelligence Disclosure
Act''.

SEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER LOBBYING
              DISCLOSURE ACT.

    (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602) is amended--
            (1) in paragraph (2)--
                    (A) by inserting after ``lobbying activities'' each
                place that term appears the following: ``or political
                intelligence activities''; and
                    (B) by inserting after ``lobbyists'' the following:
                ``or political intelligence consultants''; and
            (2) by adding at the end the following new paragraphs:
            ``(17) Political intelligence activities.--The term
        `political intelligence activities' means political
        intelligence contacts and efforts in support of such contacts,
        including preparation and planning activities, research, and
        other background work that is intended, at the time it is
        performed, for use in contacts, and coordination with the
        political intelligence activities of others.
            ``(18) Political intelligence contact.--
                    ``(A) Definition.--The term `political intelligence
                contact' means any oral or written communication
                (including an electronic communication) to or from a
                covered executive branch official or a covered
                legislative branch official, the information derived
                from which is intended for use in analyzing securities
                or commodities markets, or in informing investment
                decisions, that is made on behalf of a client with
                regard to--
                            ``(i) the formulation, modification, or
                        adoption of Federal legislation (including
                        legislative proposals);
                            ``(ii) the formulation, modification, or
                        adoption of a Federal rule, regulation,
                        Executive order, or any other program, policy,
                        or position of the United States Government; or
                            ``(iii) the administration or execution of
                        a Federal program or policy (including the
                        negotiation, award, or administration of a
                        Federal contract, grant, loan, permit, or
                        license).
                    ``(B) Exception.--The term `political intelligence
                contact' does not include a communication that is made
                by or to a representative of the media if the purpose
                of the communication is gathering and disseminating
                news and information to the public.
            ``(19) Political intelligence firm.--The term `political
        intelligence firm' means a person or entity that has 1 or more
        employees who are political intelligence consultants to a
        client other than that person or entity.
            ``(20) Political intelligence consultant.--The term
        `political intelligence consultant' means any individual who is
        employed or retained by a client for financial or other
        compensation for services that include one or more political
        intelligence contacts.''.
    (b) Registration Requirement.--Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting after ``whichever is
                        earlier,'' the following: ``or a political
                        intelligence consultant first makes a political
                        intelligence contact,''; and
                            (ii) by inserting after ``such lobbyist''
                        each place that term appears the following:
                        ``or consultant'';
                    (B) in paragraph (2), by inserting after
                ``lobbyists'' each place that term appears the
                following: ``or consultants''; and
                    (C) in paragraph (3)(A)--
                            (i) by inserting after ``lobbying
                        activities'' each place that term appears the
                        following: ``and political intelligence
                        activities''; and
                            (ii) in clause (i), by inserting after
                        ``lobbying firm'' the following: ``or political
                        intelligence firm'';
            (2) in subsection (b)--
                    (A) in paragraph (3), by inserting after ``lobbying
                activities'' each place that term appears the
                following: ``or political intelligence activities'';
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph
                        (A), by inserting after ``lobbying activities''
                        the following: ``or political intelligence
                        activities''; and
                            (ii) in subparagraph (C), by inserting
                        after ``lobbying activity'' the following: ``or
                        political intelligence activity'';
                    (C) in paragraph (5), by inserting after ``lobbying
                activities'' each place that term appears the
                following: ``or political intelligence activities'';
                    (D) in paragraph (6), by inserting after
                ``lobbyist'' each place that term appears the
                following: ``or political intelligence consultant'';
                and
                    (E) in the matter following paragraph (6), by
                inserting ``or political intelligence activities''
                after ``such lobbying activities'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting after ``lobbying
                contacts'' the following: ``or political intelligence
                contacts''; and
                    (B) in paragraph (2)--
                            (i) by inserting after ``lobbying contact''
                        the following: ``or political intelligence
                        contact''; and
                            (ii) by inserting after ``lobbying
                        contacts'' the following: ``and political
                        intelligence contacts''; and
            (4) in subsection (d)(1), by inserting after ``lobbying
        activities'' each place that term appears the following: ``or
        political intelligence activities''.
    (c) Reports by Registered Political Intelligence Consultants.--
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended--
            (1) in subsection (a), by inserting after ``lobbying
        activities'' the following: ``and political intelligence
        activities'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph
                        (A), by inserting after ``lobbying activities''
                        the following: ``or political intelligence
                        activities'';
                            (ii) in subparagraph (A)--
                                    (I) by inserting after ``lobbyist''
                                the following: ``or political
                                intelligence consultant''; and
                                    (II) by inserting after ``lobbying
                                activities'' the following: ``or
                                political intelligence activities'';
                            (iii) in subparagraph (B), by inserting
                        after ``lobbyists'' the following: ``or
                        political intelligence consultants''; and
                            (iv) in subparagraph (C), by inserting
                        after ``lobbyists'' the following: ``or
                        political intelligence consultants'';
                    (B) in paragraph (3)--
                            (i) by inserting after ``lobbying firm''
                        the following: ``or political intelligence
                        firm''; and
                            (ii) by inserting after ``lobbying
                        activities'' each place that term appears the
                        following: ``or political intelligence
                        activities''; and
                    (C) in paragraph (4), by inserting after ``lobbying
                activities'' each place that term appears the
                following: ``or political intelligence activities'';
                and
            (3) in subsection (d)(1), in the matter preceding
        subparagraph (A), by inserting ``or a political intelligence
        consultant'' after ``a lobbyist''.
    (d) Disclosure and Enforcement.--Section 6(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
            (1) in paragraph (3)(A), by inserting after ``lobbying
        firms'' the following: ``, political intelligence consultants,
        political intelligence firms,'';
            (2) in paragraph (7), by striking ``or lobbying firm'' and
        inserting ``lobbying firm, political intelligence consultant,
        or political intelligence firm''; and
            (3) in paragraph (8), by striking ``or lobbying firm'' and
        inserting ``lobbying firm, political intelligence consultant,
        or political intelligence firm''.
    (e) Rules of Construction.--Section 8(b) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607(b)) is amended by striking ``or lobbying
contacts'' and inserting ``lobbying contacts, political intelligence
activities, or political intelligence contacts''.
    (f) Identification of Clients and Covered Officials.--Section 14 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--
            (1) in subsection (a)--
                    (A) in the heading, by inserting ``or Political
                Intelligence'' after ``Lobbying'';
                    (B) by inserting ``or political intelligence
                contact'' after ``lobbying contact'' each place that
                term appears; and
                    (C) in paragraph (2), by inserting ``or political
                intelligence activity, as the case may be'' after
                ``lobbying activity'';
            (2) in subsection (b)--
                    (A) in the heading, by inserting ``or Political
                Intelligence'' after ``Lobbying'';
                    (B) by inserting ``or political intelligence
                contact'' after ``lobbying contact'' each place that
                term appears; and
                    (C) in paragraph (2), by inserting ``or political
                intelligence activity, as the case may be'' after
                ``lobbying activity''; and
            (3) in subsection (c), by inserting ``or political
        intelligence contact'' after ``lobbying contact''.
    (g) Annual Audits and Reports by Comptroller General.--Section 26
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended--
            (1) in subsection (a), by inserting ``political
        intelligence firms, political intelligence consultants,'' after
        ``lobbying firms'';
            (2) in subsection (b)(1)(A), by inserting ``political
        intelligence firms, political intelligence consultants,'' after
        ``lobbying firms''; and
            (3) in subsection (c), by inserting ``or political
        intelligence consultant'' after ``a lobbyist''.

Summary: Political Intelligence Disclosure Act - Amends the Lobbying Disclosure Act of 1995 (LDA) to require the disclosure of political intelligence activities. Requires political intelligence consultants to register with the Secretary of the Senate and the Clerk of the House of Representatives, and make quarterly reports on political intelligence activities. Requires any person or entity that makes an oral political intelligence contact with a covered legislative branch or executive branch official on the official's request to: (1) state whether such person or entity is registered under this Act. (2) identify the client on behalf of whom the contact is made. And (3) state whether such client is a foreign entity, and make any related disclosures. Requires any person making a written political intelligence contact with a covered legislative branch or executive branch official to make similar disclosures, especially about clients considered foreign entities.

To amend the Lobbying Disclosure Act of 1995 to require the disclosure of political intelligence activities.


TITLE I--MOTOR VEHICLE SAFETY

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 30104 of title 49, United States Code, is amended to read
as follows:
``Sec. 30104. Authorization of Appropriations
    ``There is authorized to be appropriated to the Secretary of
Transportation $125,221,000 for the National Highway Traffic Safety
Administration to carry out this part for fiscal year 2005, and such
sums as may be necessary for fiscal years 2006 and 2007.''.

SEC. 102. INTERNATIONAL COOPERATION.

    (a) In General.--Subchapter I of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30106. International Cooperation
    ``The Secretary of Transportation may participate and cooperate in
international activities to enhance motor vehicle and traffic safety
through such means as exchanging information, conducting safety
research, examining safety needs, best practices, new technology, and
improvements in motor vehicle safety standards, and participating in
the implementation of existing international agreements concerning
motor vehicle safety to which the United States is a contracting
partner.''.
    (b) Clerical Amendment.--The table of sections for subchapter I of
chapter 301 of title 49, United States Code is amended by adding at the
end the following new item:

``30106. International cooperation.''.

SEC. 103. CERTIFICATION LABELS.

    Section 30115(a) of title 49, United States Code, is amended by
inserting at the end the following: ``A person shall not affix a
certification label to a motor vehicle or item of motor vehicle
equipment unless the person has either performed tests or otherwise
documented the basis for certifying compliance with all applicable
safety standards prescribed under this chapter, except that, in
affixing the certification label or tag, a manufacturer that completes
a vehicle after receiving compliance documentation from the
manufacturer of the earlier stage of the vehicle may rely on such
documentation in accordance with the regulations issued by the
Secretary.''.

SEC. 104. NOTIFICATION OF NONCOMPLIANCE.

    Section 30118 of title 49, United States Code is amended in
subsections (a), (b), and (c) by striking ``motor vehicle or
replacement equipment'' each place it appears and inserting ``motor
vehicle, original equipment, or replacement equipment''.

SEC. 105. NOTIFICATION OF AND REMEDIES FOR NONCOMPLIANCE.

    Section 30120 of title 49, United States Code, is amended by adding
at the end the following:
    ``(k) Limitation on Sale or Lease of Used Motor Vehicles.--
            ``(1) A dealer may not sell a used motor vehicle for
        purposes other than resale or lease a used motor vehicle until
        the dealer informs the purchaser or lessee of any notification
        of a defect or noncompliance pursuant to section 30118(b) or
        (c) of this title with respect to a vehicle that has not been
        remedied, and either--
                    ``(A) offers to have the defects or noncompliances
                remedied; or
                    ``(B) gives the purchaser or lessee a written
                description of the defects or noncompliances, including
                all relevant information from any notification pursuant
                to section 30118(b) or (c) of this title, and
        reviews a written acknowledgment of the offer or description
        from the purchaser or lessee.
            ``(2) The requirements of paragraph (1) of this subsection
        shall apply after a period of time following issuance of
        notifications that the Secretary shall specify. The Secretary
        may extend this period with respect to particular
        notifications.
            ``(3) In this subsection, notwithstanding section
        30102(a)(1) of this title--
                    ``(A) `dealer' means a person who sold at least 10
                motor vehicles during the prior 12 months to purchasers
                that in good faith purchased the vehicles other than
                for resale; and
                    ``(B) `used motor vehicle' means a motor vehicle
                that has previously been purchased other than for
                resale.
            ``(4) Subject to regulations issued by the Secretary, a
        manufacturer of a motor vehicle shall establish and maintain an
        Internet-accessible record system that dealers of used motor
        vehicles and members of the public may access, without charge,
        to determine whether a particular vehicle manufactured by the
        manufacturer has been subject to any notification of a defect
        or noncompliance pursuant to section 30118(b) or (c) of this
        title that has not been remedied. If the Secretary determines
        that establishing and maintaining such an Internet-accessible
        record system is not practicable for certain classes of
        manufacturers, the Secretary may exempt such manufacturers from
        the requirements of this paragraph.
    ``(l) Limitation on Operation by Owners and Lessors of School Buses
and Vehicles Used to Transport Passengers for Compensation.--
            ``(1) Subject to paragraphs (2) and (3), a person who owns
        or leases a school bus or a motor vehicle used to transport
        passengers for compensation and who receives a notice of a
        defect or noncompliance pursuant to section 30118(b) or (c) of
        this title may not operate the vehicle to which the notice
        applies as a school bus or for compensation until the defect or
        noncompliance is remedied as required by this section.
            ``(2) The requirements of paragraph (1) shall apply after a
        period of time following issuance of such notifications that
        the Secretary shall specify. The Secretary may extend this
        period with respect to particular notifications.
            ``(3) This subsection shall not apply to taxicabs, or to
        motor vehicles owned or operated by State or local
        governments.''.

SEC. 106. NONUSE OF SAFETY BELT INTERLOCKS.

    (a) In General.--Section 30124 of title 49 United States Code, is
amended to read as follows:
``Sec. 30124. Nonuse of safety belt interlocks
    ``A motor vehicle safety standard prescribed under this chapter may
not require or allow a manufacturer to comply with the standard by
using a safety belt interlock designed to prevent starting or operating
a motor vehicle if an occupant is not using a safety belt.''.
    (b) Clerical Amendment.--The table of sections for subchapter II of
chapter 301 of title 49, United States Code is amended by amending the
item related to section 30124 to read as follows:

``30124. Nonuse of safety belt interlocks.''.

SEC. 107. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.

    Section 30168 of title 49, United States Code, is amended by adding
at the end the following:
    ``(f) Safety Initiative for Alternate Fuel Vehicles.--In addition
to the authority provided under this section, the Secretary is
authorized to expend $5,000,000 per year to conduct a safety research
initiative for alternate fuel vehicles that includes risk assessment
studies of hydrogen-fueled and other alternative-fuel vehicles, the
development of test and evaluation procedures and performance criteria
to assess the likelihood of potential failures that could indicate
unsafe conditions, and the development of suitable countermeasures. In
particular, such research initiative shall investigate the safety of
the power train, the vehicle fuel container and delivery system, the
onboard refueling system, and the full vehicle system performance of
alternate fuel vehicles.
    ``(g) Safety Initiative for Driver Assistance Technologies.--In
addition to the authority provided under this section, the Secretary is
authorized to expend $10,000,000 per year to conduct research into
vehicle-based driver assistance technologies, and to develop
appropriate performance standards and consumer education programs, to
ensure that appropriate safety benefits are derived from these
technologies. Such research shall include evaluations of crash
avoidance technologies, such as electronic stability control,
telematics, radar braking and other similar vehicle advances.''.

          TITLE II--MOTOR VEHICLE INFORMATION AND COST SAVINGS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Section 32102 of title 49, United States Code, is amended to read
as follows:
``Sec. 32102. Authorization of appropriations
    ``There is authorized to be appropriated to the Secretary of
Transportation $14,080,000 for the National Highway Traffic Safety
Administration to carry out this part in fiscal year 2005, and such
sums as may be necessary in fiscal years 2006 and 2007.''.

SEC. 202. PENALTIES AND ENFORCEMENT.

    Section 32709(a)(1) of title 49, United States Code, is amended--
            (1) by striking ``$2,000'' and inserting ``$5,000''; and
            (2) by striking ``$100,000'' and inserting ``$1,000,000''.

SEC. 203. CIVIL ACTIONS BY PRIVATE PERSON.

    Section 32710(a) of title 49, United States Code, is amended by
striking ``$1,500'' and inserting ``$10,000''.

SEC. 204. DEFINITIONS.

    (a) Crash Avoidance.--Section 32301 of title 49, United States
Code, is amended by adding at the end the following:
            ``(3) `crash avoidance' means preventing a motor vehicle
        accident.''.
    (b) Passenger Motor Vehicle Information.--Section 32302 of title
49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting ``and crash
                avoidance'' after ``crashworthiness''; and
                    (B) by striking paragraph (4); and
            (2) by striking subsection (c).

SEC. 205. REPEALS.

    (a) In General.--Sections 32303 and 33112 of title 49, United
States Code, are repealed.
    (b) Clerical Amendments.--
            (1) The table of sections for chapter 323 of title 49,
        United States Code is amended by striking the item related to
        section 32303.
            (2) The table of sections for chapter 331 of title 49,
        United States Code is amended by striking the item related to
        section 33112.

Summary: Amends Federal transportation law to authorize appropriations for the National Highway Traffic Safety Administration (NHTSA). Authorizes the Secretary of Transportation to participate and cooperate through various means in international activities to enhance motor vehicle and traffic safety. Prohibits a person from affixing a certification label to a motor vehicle or motor vehicle equipment item unless the person has either performed tests or documented the basis for certifying compliance with applicable safety standards. Applies certain defect and motor vehicle safety noncompliance notification requirements to original motor vehicle equipment. Prohibits a dealer from selling a used motor vehicle for other than resale or leasing a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a vehicle defect or noncompliance that has not been remedied and certain other requirements are met. Requires a motor vehicle manufacturer to establish an Internet-accessible record system that used motor vehicle dealers and the public may access, without charge, to determine whether a manufacturer's vehicle has been subject to any notification of a defect or noncompliance that has not been remedied. Requires a person who owns or leases a school bus or motor vehicle used to transport passengers for compensation, and who receives notice of a defect or noncompliance, from operating the vehicle until the defect or noncompliance is remedied. Prohibits a Federal motor vehicle standard from requiring or allowing a manufacturer to comply with it by using a safety belt interlock designed to prevent starting or operating a motor vehicle if the occupant is not using a safety belt. Authorizes the Secretary to expend a specified amount per year to conduct a safety research initiative for alternative fuel vehicles and research into vehicle-based driver assistance technologies. Authorizes appropriations for the NHTSA to carry out certain motor vehicle information and cost savings requirements. Increases civil penalties for persons who violate the prohibition against tampering with motor vehicle odometers.

To authorize appropriations for the motor vehicle safety and information and cost savings programs of the National Highway Traffic Safety Administration for fiscal years 2005 through 2007, and for other purposes.