SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bioweapons Control and Tracking Act
of 2001''.

SEC. 2. REGULATION OF BIOLOGICAL AGENTS AND TOXINS.

    (a) Biological Agents Provisions of the Antiterrorism and Effective
Death Penalty Act of 1996; Codification in the Public Health Service
Act, With Amendments.--
            (1) Public health service act.--Subpart 1 of part F of
        title III of the Public Health Service Act (42 U.S.C. 262 et
        seq.) is amended by inserting after section 351 the following:

``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS.

    ``(a) Regulatory Control of Biological Agents and Toxins.--
            ``(1) List of biological agents and toxins.--
                    ``(A) In general.--The Secretary shall by
                regulation establish and maintain a list of each
                biological agent and each toxin that has the potential
                to pose a severe threat to public health and safety.
                    ``(B) Criteria.--In determining whether to include
                an agent or toxin on the list under subparagraph (A),
                the Secretary shall--
                            ``(i) consider--
                                    ``(I) the effect on human health of
                                exposure to the agent or toxin;
                                    ``(II) the degree of contagiousness
                                of the agent or toxin and the methods
                                by which the agent or toxin is
                                transferred to humans;
                                    ``(III) the availability and
                                effectiveness of immunizations to
                                prevent and treatments for any illness
                                resulting from infection by the agent
                                or toxin; and
                                    ``(IV) any other criteria that the
                                Secretary considers appropriate; and
                            ``(ii) consult with appropriate Federal
                        departments and agencies, and with scientific
                        experts representing appropriate professional
                        groups.
            ``(2) Biennial review.--The Secretary shall review the list
        under paragraph (1) biennially, or more often, and republish
        the list as necessary to incorporate revisions to protect the
        public health and safety.
    ``(b) Regulation of Possession, Use, and Transfer of Listed
Biological Agents and Toxins.--The Secretary shall by regulation
provide for--
            ``(1) the establishment and enforcement of safety standards
        and procedures for the possession, use and transfer of
        biological agents and toxins listed pursuant to subsection
        (a)(1), including measures to ensure--
                    ``(A) proper training and appropriate skills to
                handle such agents and toxins; and
                    ``(B) proper laboratory facilities to contain and
                dispose of such agents and toxins;
            ``(2) the establishment and enforcement of safeguards and
        security standards and procedures to prevent access to such
        agents and toxins for use in domestic or international
        terrorism or for any other criminal purpose;
            ``(3) the establishment of procedures to protect the public
        safety in the event of a violation of the safety procedures
        established under paragraph (1) or the safeguards established
        under paragraph (2); and
            ``(4) appropriate availability of biological agents and
        toxins for research, education, and other legitimate purposes.
    ``(c) Registration and Traceability Mechanisms; Database.--
Regulations under subsection (b) shall require registration of the
possession, use, and transfer of biological agents and toxins listed
pursuant to subsection (a)(1), and such registration shall include
information available to the registered persons regarding the
characterization of such biological agents and toxins to facilitate
their identification and traceability. The Secretary shall maintain a
national database of the location of such agents and toxins, with their
characterizations.
    ``(d) Security and Safeguards.--
            ``(1) In general.--In carrying out paragraphs (2) and (3)
        of subsection (b), the Secretary shall establish appropriate
        security requirements for persons possessing, using, or
        transferring biological agents and toxins listed pursuant to
        subsection (a)(1), and shall ensure compliance with such
        requirements as a condition of registration under regulations
        issued under subsection (c). In developing such requirements
        the Secretary shall consult with the Attorney General and
        appropriate security experts.
            ``(2) Restricted persons.--Regulations issued under
        subsection (b) shall include provisions--
                    ``(A) to restrict access to biological agents and
                toxins listed pursuant to subsection (a)(1) only to
                those individuals who need to handle or use such agents
                or toxins; and
                    ``(B) to provide for prompt screening of such
                persons using criminal, immigration, and national
                security databases available to the Federal Government
                to identify persons who are restricted persons, as
                defined in section 175b of title 18, United States
                Code.
    ``(e) Inspections.--The Secretary shall have the authority to
inspect persons subject to regulations under subsection (b) to ensure
their compliance with such regulations.
    ``(f) Exemptions.--The Secretary may establish exemptions from the
applicability of provisions of regulations under subsection (b) if the
Secretary determines that the exemptions are consistent with protecting
the public health and safety. Any exemption from registration under
subsection (c) shall be based on transience of possession or on the
lack of utility of the agent or toxin for use as a weapon, and shall be
consistent with maintaining a complete database under such subsection
(c).
    ``(g) Disclosure of Information.--
            ``(1) In general.--Any information in the possession of any
        Federal agency that identifies a person, or the geographic
        location of a person, who is registered pursuant to regulations
        under this section (including regulations promulgated before
        the effective date of this subsection), and any site-specific
        information relating to the type, quantity, or identity of a
        biological agent or toxin listed pursuant to subsection (a)(1)
        or the site-specific security mechanisms in place to protect
        such agents and toxins, shall not be disclosed under section
        552(a) of title 5, United States Code.
            ``(2) Disclosures for public health and safety; congress.--
        Nothing in this section may be construed as preventing the head
        of any Federal agency--
                    ``(A) from making disclosures of information
                described in paragraph (1) for purposes of protecting
                the public health and safety; or
                    ``(B) from making disclosures of such information
                to any committee or subcommittee of Congress with
                appropriate jurisdiction upon request.
    ``(h) Civil Penalty.--In addition to any other penalties that may
apply under law, any person who violates any provision of regulations
under subsection (b) shall be subject to the United States for a civil
penalty in an amount not exceeding $250,000 in the case of an
individual and $500,000 in the case of any other person.
    ``(i) Definitions.--For purposes of this section, the terms
`biological agent' and `toxin' have the meanings given such terms in
section 178 of title 18, United States Code.''.
            (2) Relation to other laws.--
                    (A) Rule of construction.--Regulations promulgated
                by the Secretary of Health and Human Services under
                section 511 of the Antiterrorism and Effective Death
                Penalty Act of 1998 are deemed to have been promulgated
                under section 351A of the Public Health Service Act, as
                added by paragraph (1) of this subsection. Such
                regulations, including the list under subsection (d)(1)
                of such section 511, that were in effect on the day
                before the date of the enactment of this Act remain in
                effect until modified by the Secretary.
                    (B) Conforming amendment.--Subsections (d), (e),
                (f), and (g) of section 511 of the Antiterrorism and
                Effective Death Penalty Act of 1996 (42 U.S.C. 262
                note) are repealed.
            (3) Regulations regarding registration.--
                    (A) Date certain for promulgation; effective date
                regarding criminal and civil penalties.--Not later than
                30 days after the date of the enactment of this Act,
                the Secretary of Health and Human Services shall
                promulgate an interim final rule for carrying out
                section 351A(c) of the Public Health Service Act, as
                added by paragraph (1) of this subsection. Such interim
                final rule takes effect 60 days after the date on which
                such rule is promulgated for purposes of--
                            (i) section 175B (b) and (c) of title 18,
                        United States Code (relating to criminal
                        penalties, as added by subsection (b) of this
                        section; and
                            (ii) section 351(h) of the Public Health
                        Service Act (relating to civil penalties).
                    (B) Submission of registration applications.--A
                person who, as of the date of the interim final rule
                promulgated under subparagraph (A), is in possession of
                a biological agent or toxin listed pursuant to section
                351A(a) of the Public Health Service Act, as added by
                paragraph (1) of this subsection, shall in accordance
                with such interim final rule, submit an application for
                a registration to possess such agent or toxin not later
                than 30 days after the date on which such rule is
                promulgated.
            (4) Effective date regarding disclosure of information.--
        Subsection (g) of section 351A of the Public Health Service
        Act, as added by paragraph (1) of this subsection, is deemed to
        have taken effect on the effective date of the Antiterrorism
        and Effective Death Penalty Act of 1996.
    (b) Select Agents.--
            (1) In general.--Section 175b of title 18, United States
        Code, as added by section 817 of Public Law 107-56, is
        amended--
                    (A) by striking ``(a)'' and inserting ``(a)(1)'';
                    (B) by transferring subsection (c) from the current
                placement of the subsection and inserting the
                subsection before subsection (b).
                    (C) by striking ``(c)'' and inserting ``(2)'';
                    (D) by redesignating subsection (b) as subsection
                (d); and
                    (E) by inserting before subsection (d) as so
                redesignated) the following subsections:
    ``(b) Unregistered for Possession or Transfer.--Whoever knowingly
possesses or transfers a select agent for which such person has not
obtained a registration required by a regulation issued under section
351A(c) of the Public Health Service Act shall be fined under this
title, or imprisoned for not more than 5 years, or both.
    ``(c) Transfer to Unregistered Person.--Whoever knowingly transfers
a select agent to a person who has not obtained a registration required
by a regulation issued under subsection (c) of section 351A of the
Public Health Service Act shall be fined under this tile, or imprisoned
for not more than 5 years, or both.''.
    (c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Health and Human Services,
after consultation with other appropriate Federal agencies, shall
submit to Congress a report that--
            (1) describes the extent to which there has been compliance
        by governmental and private entities with applicable
        regulations under section 351A of the Public Health Service Act
        (as added by subsection (a)(1));
            (2) describes the actions taken by the date of the report
        and future plans of the Secretary for updating the list of
        biological agents and toxins under such section 351A;
            (3) describes the actions taken by the date of the report
        and future plans of the Secretary for determining compliance
        with regulations under such section 351A and for taking
        appropriate enforcement actions; and
            (4) provides any recommendations of the Secretary for
        administrative or legislative initiatives regarding such
        section 351A.

Summary: Bioweapons Control and Tracking Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish and maintain a list of each biological agent and each toxin with potential to severely threaten public health and safety. (2) promulgate regulations establishing safety and security standards, procedures, restricted access, and registration requirements for listed agents and toxins, including traceability mechanisms. And (3) establish exemptions consistent with public safety. Imposes civil penalties for violations of these requirements.

A bill to provide for the enhanced control of biological agents and toxins.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Colorado River Multi-Species
Conservation Program Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Lower colorado river multi-species conservation
        program.--The term ``Lower Colorado River Multi-Species
        Conservation Program'' or ``LCR MSCP'' means the cooperative
        effort on the Lower Colorado River between Federal and non-
        Federal entities in Arizona, California, and Nevada approved by
        the Secretary of the Interior on April 2, 2005.
            (2) Lower colorado river.--The term ``Lower Colorado
        River'' means the Colorado River from Lake Mead to the
        Southerly International Boundary with Mexico, including its
        historic floodplain and its mainstem reservoirs to their full
        pool elevations.
            (3) Program documents.--The term ``Program Documents''
        means the Habitat Conservation Plan, Biological Assessment and
        Biological and Conference Opinion, Environmental Impact
        Statement/Environmental Impact Report, Funding and Management
        Agreement, Implementing Agreement, and Section 10(a)(1)(B)
        Permit issued and, as applicable, executed in connection with
        the LCR MSCP.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) State.--The term ``State'' means each of the States of
        Arizona, California, and Nevada.
            (6) Steering committee.--The term ``Steering Committee''
        means the LCR MSCP steering committee established pursuant to
        the Program Documents.

SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING.

    (a) Implementation.--The Secretary shall manage and implement the
LCR MSCP in accordance with the Program Documents.
    (b) Water Accounting.--The Secretary is authorized and directed to
enter into an agreement with the States providing for the use of water
from the Lower Colorado River for habitat creation and maintenance in
accordance with the Program Documents.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the
Secretary such sums as may be necessary to meet the obligations of the
Secretary under the Program Documents, to remain available until
expended.
    (b) Investments.--The Secretary is authorized to invest with the
Secretary of the Treasury such portions of appropriations, and any non-
Federal contributions made pursuant to the Program Documents, as are
not, in the judgment of the Secretary, required to meet current
expenditures. Such investments shall be made only in interest-bearing
obligations of the United States. Funds invested under this subsection
and interest on those funds shall be available to the Secretary to meet
the obligations of the Secretary under the Program Documents.
    (c) Non-Reimbursable and Non-Returnable.--All amounts appropriated
to and expended by the Secretary for the LCR MSCP shall be non-
reimbursable and non-returnable.

SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF
              PROGRAM DOCUMENTS.

    (a) In General.--Nothing in this Act shall impair any right to the
delivery or beneficial consumptive use of Colorado River water under
any compact, treaty, law, decree, or contract in effect on the date of
enactment of this Act.
    (b) Continuity of Program Documents.--No future act of Congress
relating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the
effect of modifying the Program Documents unless expressly made
applicable to the LCR MSCP.
    (c) Enforceability of Program Documents.--Any party to any
agreement entered into with the United States or any agency thereof
pursuant to the LCR MSCP may commence a civil action in United States
district court to enforce the agreement or to declare the rights and
obligations of the parties under the Program Documents. The district
court shall have jurisdiction of such actions and may issue such
orders, judgments, and decrees as are consistent with the court's
exercise of jurisdiction under this section. The United States or any
agency thereof may be named as a defendant in such actions. The
sovereign immunity of the United States is waived for purposes of
actions commenced pursuant to this section. Nothing in this section
waives the sovereign immunity of the United States to claims for money
damages, monetary compensation, the provision of indemnity, or any
claim seeking money from the United States. Any suit pursuant to this
section may be brought in any United States district court in the State
in which any non-Federal party to the suit is situated.
    (d) Applicable Law.--Nothing in this Act affects the enforceability
of the requirement that the Program Documents comply with existing law
as of April 2, 2005, except that the Steering Committee shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).

Summary: Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact StatementEnvironmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement). Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in US district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action.

A bill to authorize appropriations for the Bureau of Reclamation to carry out the Lower Colorado River Multi-Species Conservation Program in the States of Arizona, California, and Nevada, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Robert S. Walker and George E.
Brown, Jr. Hydrogen Energy Act of 2001''.

SEC. 2. PURPOSES.

    Section 102(b) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to direct the Secretary to conduct research,
        development, and demonstration activities leading to the
        production, storage, transportation, and use of hydrogen for
        industrial, commercial, residential, transportation, and
        utility applications;
            ``(2) to direct the Secretary to develop a program of
        technology assessment, information dissemination, and education
        in which Federal, State, and local agencies, members of the
        energy, transportation, and other industries, and other
        entities may participate; and
            ``(3) to develop methods of hydrogen production that
        minimize adverse environmental impacts, including efficient and
        cost-effective production from renewable and nonrenewable
        energy resources.''.

SEC. 3. DEFINITIONS.

    Section 102(c) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
            (1) by redesignating paragraphs (1) through (3) as
        paragraphs (2) through (4), respectively; and
            (2) by inserting before paragraph (2), as so redesignated
        by paragraph (1) of this section, the following new paragraph:
            ``(1) `advisory board' means the advisory board established
        under section 108;''.

SEC. 4. REPORTS TO CONGRESS.

    Section 103 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 103. REPORTS TO CONGRESS.

    ``(a) Requirement.--Not later than 1 year after the date of the
enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen
Energy Act of 2001, and annually thereafter, the Secretary shall
transmit to Congress a detailed report on the status and progress of
the programs and activities authorized under this Act.
    ``(b) Contents.--A report under subsection (a) shall include, in
addition to any views and recommendations of the Secretary--
            ``(1) an analysis of Federal, State, and local hydrogen-
        related research and development activities to identify
        productive areas for increased intergovernmental collaboration;
            ``(2) a determination of the effectiveness of the
        technology assessment, information dissemination, and education
        program established under section 106; and
            ``(3) recommendations of the advisory board for any
        improvements needed in the programs and activities authorized
        by this Act.''.

SEC. 5. HYDROGEN RESEARCH AND DEVELOPMENT.

    Section 104 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.

    ``(a) Establishment of Program.--The Secretary shall conduct a
hydrogen research and development program relating to production,
storage, transportation, and use of hydrogen, with the goal of enabling
the private sector to demonstrate the technical feasibility of using
hydrogen for industrial, commercial, residential, transportation, and
utility applications.
    ``(b) Elements.--In conducting the program authorized by this
section, the Secretary shall--
            ``(1) give particular attention to developing an
        understanding and resolution of critical technical issues
        preventing the introduction of hydrogen into the marketplace;
            ``(2) initiate or accelerate existing research and
        development in critical technical issues that will contribute
        to the development of more economical hydrogen production,
        storage, transportation, and use, including critical technical
        issues with respect to production (giving priority to those
        production techniques that use renewable energy resources as
        their primary source of energy for hydrogen production),
        liquefaction, transmission, distribution, storage, and use
        (including use of hydrogen in surface transportation); and
            ``(3) survey private sector and public sector hydrogen
        research and development activities worldwide, and take steps
        to ensure that research and development activities under this
        section do not--
                    ``(A) duplicate any available research and
                development results; or
                    ``(B) displace or compete with the privately funded
                hydrogen research and development activities of United
                States industry.
    ``(c) Evaluation of Technologies.--The Secretary shall evaluate,
for the purpose of determining whether to undertake or fund research
and development activities under this section, any reasonable new or
improved technology that could lead or contribute to the development of
economical hydrogen production, storage, transportation, and use.
    ``(d) Competitive Peer Review.--The Secretary shall carry out or
fund research and development activities under this section only on a
competitive basis using peer review.
    ``(e) Cost Sharing.--The Secretary shall require, for research and
development activities carried out by industry under this section, a
commitment from non-Federal sources of at least 20 percent of the cost
of the project.''.

SEC. 6. DEMONSTRATIONS.

    Section 105(c) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended by inserting
``Non-Federal Funding Requirement.--'' after ``(c)''.

SEC. 7. TECHNOLOGY TRANSFER.

    Section 106 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND
              EDUCATION PROGRAM.

    ``(a) Program.--The Secretary shall, in consultation with the
advisory board, conduct a program designed to accelerate wider
application of hydrogen production, storage, transportation, and use
technologies, including application in foreign countries to increase
the global market for the technologies and foster global economic
development without harmful environmental effects.
    ``(b) Information.--The Secretary, in carrying out the program
authorized by subsection (a), shall--
            ``(1) undertake an update of the inventory and assessment,
        required under section 106(b)(1) of this Act as in effect
        before the date of the enactment of the Robert S. Walker and
        George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen
        technologies and their commercial capability to economically
        produce, store, transport, or use hydrogen in industrial,
        commercial, residential, transportation, and utility sectors;
            ``(2) develop, with other Federal agencies as appropriate
        and industry, an information exchange program to improve
        technology transfer for hydrogen production, storage,
        transportation, and use, which may consist of workshops,
        publications, conferences, and a database for the use by the
        public and private sectors; and
            ``(3) foster the exchange of generic, nonproprietary
        hydrogen production, storage, transportation, and use
        information and technology among industry, academia, and
        Federal, State, and local governments.''.

SEC. 8. COORDINATION AND CONSULTATION.

    Section 107 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
            (1) in subsection (a), by striking ``management
        responsibility--'' and all that follows through ``(2)'' and
        inserting ``management responsibility''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Consultation.--The Secretary shall consult with other Federal
agencies as appropriate, and the advisory board, in carrying out the
Secretary's authorities pursuant to this Act.''.

SEC. 9. ADVISORY BOARD.

    Section 108 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 108. ADVISORY BOARD.

    ``(a) Establishment.--The Secretary shall enter into appropriate
arrangements with the National Academy of Sciences to establish an
advisory board consisting of experts drawn from domestic industry,
academia, Governmental laboratories, and financial, environmental, and
other organizations, as appropriate, to review and advise on the
progress made through the programs and activities authorized under this
Act.
    ``(b) Cooperation.--The heads of Federal agencies shall cooperate
with the advisory board in carrying out this section and shall furnish
to the advisory board such information as the advisory board reasonably
deems necessary to carry out this section.
    ``(c) Review.--The advisory board shall review and make any
necessary recommendations to the Secretary on--
            ``(1) the implementation and conduct of programs and
        activities authorized under this Act; and
            ``(2) the economic, technological, and environmental
        consequences of the deployment of hydrogen production, storage,
        transportation, and use systems.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 109 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Research and Development; Advisory Board.--There are
authorized to be appropriated to the Secretary to carry out sections
104 and 108--
            ``(1) $40,000,000 for fiscal year 2002;
            ``(2) $45,000,000 for fiscal year 2003;
            ``(3) $50,000,000 for fiscal year 2004;
            ``(4) $55,000,000 for fiscal year 2005; and
            ``(5) $60,000,000 for fiscal year 2006.
    ``(b) Demonstration.--There are authorized to be appropriated to
the Secretary to carry out section 105--
            ``(1) $20,000,000 for fiscal year 2002;
            ``(2) $25,000,000 for fiscal year 2003;
            ``(3) $30,000,000 for fiscal year 2004;
            ``(4) $35,000,000 for fiscal year 2005; and
            ``(5) $40,000,000 for fiscal year 2006.''.

SEC. 11. REPEAL.

    (a) Repeal.--Title II of the Hydrogen Future Act of 1996 is
repealed.
    (b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of
1996 is amended by striking ``titles II and III'' and inserting ``title
III''.

Summary: Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include: (1) research and demonstration activities leading to the use of hydrogen for commercial applications. And (2) the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable resources. Repeals as a purpose the development of renewable energy resources as a primary source of energy for hydrogen production. Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act. (2) conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries, increase the global market for hydrogen technologies, and foster global economic development without harmful environmental effects. And (3) enter into arrangements with the National Academy of Sciences to establish an advisory board to replace the current Hydrogen Technical Advisory Panel. Amends the Hydrogen Future Act of 1996 to repeal the program relating to the integration of fuel cells with hydrogen production systems.

To reauthorize and amend the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hedge Fund Transparency Act''.

SEC. 2. HEDGE FUND REGISTRATION REQUIREMENTS.

    (a) Definition of Investment Company.--Section 3(c) of the
Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended--
            (1) by striking paragraph (1);
            (2) by striking paragraph (7);
            (3) by redesignating paragraphs (2) through (6) as
        paragraphs (1) through (5), respectively; and
            (4) by redesignating paragraphs (8) through (14) as
        paragraphs (6) through (12), respectively.
    (b) Additional Exemptions.--Section 6 of the Investment Company Act
of 1940 (15 U.S.C. 80a-6) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(6)(A) Subject to subsection (g), any issuer whose
        outstanding securities (other than short-term paper) are
        beneficially owned by not more than 100 persons, and which is
        not making and does not presently propose to make a public
        offering of its securities.
            ``(B) For purposes of this paragraph and paragraph (7),
        beneficial ownership--
                    ``(i) by a company shall be deemed to be beneficial
                ownership by one person, except that, if the company
                owns 10 percent or more of the outstanding voting
                securities of the issuer, and is or, but for the
                exemption provided for in this paragraph or paragraph
                (7), would be an investment company, the beneficial
                ownership shall be deemed to be that of the holders of
                the outstanding securities (other than short-term
                paper) of such company; and
                    ``(ii) by any person who acquires securities or
                interests in securities of an issuer described in this
                paragraph shall be deemed to be beneficial ownership by
                the person from whom such transfer was made, pursuant
                to such rules and regulations as the Commission shall
                prescribe as necessary or appropriate in the public
                interest and consistent with the protection of
                investors and the purposes fairly intended by the
                policy and provisions of this title, where the transfer
                was caused by legal separation, divorce, death, or any
                other involuntary event.
            ``(7)(A) Subject to subsection (g), any issuer, the
        outstanding securities of which are owned exclusively by
        persons who, at the time of the acquisition of such securities,
        are qualified purchasers, and which is not making and does not
        at that time propose to make a public offering of such
        securities. Securities that are owned by persons who received
        the securities from a qualified purchaser as a gift or bequest,
        or in a case in which the transfer was caused by legal
        separation, divorce, death, or any other involuntary event,
        shall be deemed to be owned by a qualified purchaser, subject
        to such rules, regulations, and orders as the Commission may
        prescribe as necessary or appropriate in the public interest or
        for the protection of investors.
            ``(B) Notwithstanding subparagraph (A), an issuer is exempt
        under this paragraph if--
                    ``(i) in addition to qualified purchasers,
                outstanding securities of that issuer are beneficially
                owned by not more than 100 persons who are not
                qualified purchasers, if--
                            ``(I) such persons acquired any portion of
                        the securities of such issuer on or before
                        September 1, 1996; and
                            ``(II) at the time at which such persons
                        initially acquired the securities of such
                        issuer, the issuer was exempt under paragraph
                        (6); and
                    ``(ii) prior to availing itself of the exemption
                provided by this paragraph--
                            ``(I) such issuer has disclosed to each
                        beneficial owner that future investors will be
                        limited to qualified purchasers, and that
                        ownership in such issuer is no longer limited
                        to not more than 100 persons; and
                            ``(II) concurrently with or after such
                        disclosure, such issuer has provided each
                        beneficial owner with a reasonable opportunity
                        to redeem any part or all of their interests in
                        the issuer, notwithstanding any agreement to
                        the contrary between the issuer and such
                        persons, for the proportionate share of that
                        person of the net assets of the issuer.
            ``(C) Each person that elects to redeem under subparagraph
        (B)(ii)(II) shall receive an amount in cash equal to the
        proportionate share of that person of the net assets of the
        issuer, unless the issuer elects to provide such person with
        the option of receiving, and such person agrees to receive, all
        or a portion of the share of that person in assets of the
        issuer. If the issuer elects to provide such persons with such
        an opportunity, disclosure concerning such opportunity shall be
        made in the disclosure required by subparagraph (B)(ii)(I).
            ``(D) An issuer that is exempt under this paragraph shall
        nonetheless be deemed to be an investment company for purposes
        of the limitations set forth in subparagraphs (A)(i) and (B)(i)
        of section 12(d)(1) (15 U.S.C. 80a-12(d)(1) (A)(i) and (B)(i))
        relating to the purchase or other acquisition by such issuer of
        any security issued by any registered investment company and
        the sale of any security issued by any registered open-end
        investment company to any such issuer.
            ``(E) For purposes of determining compliance with this
        paragraph and paragraph (6), an issuer that is otherwise exempt
        under this paragraph and an issuer that is otherwise exempt
        under paragraph (6) shall not be treated by the Commission as
        being a single issuer for purposes of determining whether the
        outstanding securities of the issuer exempt under paragraph (6)
        are beneficially owned by not more than 100 persons, or whether
        the outstanding securities of the issuer exempt under this
        paragraph are owned by persons that are not qualified
        purchasers. Nothing in this subparagraph shall be construed to
        establish that a person is a bona fide qualified purchaser for
        purposes of this paragraph or a bona fide beneficial owner for
        purposes of paragraph (6).''; and
            (2) by adding at the end the following:
    ``(g) Limitation on Exemptions for Large Investment Companies.--
            ``(1) In general.--An investment company with assets, or
        assets under management, of not less than $50,000,000 is exempt
        under subsection (a)(6) or (a)(7) only if that company--
                    ``(A) registers with the Commission;
                    ``(B) files an information form with the Commission
                under paragraph (2);
                    ``(C) maintains such books and records as the
                Commission may require; and
                    ``(D) cooperates with any request for information
                or examination by the Commission.
            ``(2) Information form.--The information form required
        under paragraph (1) shall be filed at such time and in such
        manner as the Commission shall require, and shall--
                    ``(A) be filed electronically;
                    ``(B) be filed not less frequently than once every
                12 months;
                    ``(C) include--
                            ``(i) the name and current address of--
                                    ``(I) each natural person who is a
                                beneficial owner of the investment
                                company;
                                    ``(II) any company with an
                                ownership interest in the investment
                                company; and
                                    ``(III) the primary accountant and
                                primary broker used by the investment
                                company;
                            ``(ii) an explanation of the structure of
                        ownership interests in the investment company;
                            ``(iii) information on any affliation that
                        the investment company has with another
                        financial institution;
                            ``(iv) a statement of any minimum
                        investment commitment required of a limited
                        partner, member, or other investor;
                            ``(v) the total number of any limited
                        partners, members, or other investors; and
                            ``(vi) the current value of--
                                    ``(I) the assets of the investment
                                company; and
                                    ``(II) any assets under management
                                by the investment company; and
                    ``(D) be made available by the Commission to the
                public at no cost and in an electronic, searchable
                format.''.

SEC. 3. IMPLEMENTING GUIDANCE AND RULES.

    (a) Forms and Guidance.--Not later than 180 days after the date of
enactment of this Act, the Securities and Exchange Commission shall
issue such forms and guidance as are necessary to carry out this Act.
    (b) Rules.--The Securities and Exchange Commission may make a rule
to carry out this Act.

SEC. 4. ANTI-MONEY LAUNDERING OBLIGATIONS.

    (a) Purpose.--It is the purpose of this section to safeguard
against the financing of terrorist organizations and money laundering.
    (b) In General.--An investment company that relies on paragraph (6)
or (7) of section 6(a) of the Investment Company Act of 1940 (15 U.S.C.
80a-6(a) (6) and (7)), as amended by this Act, as the basis for an
exemption under that Act shall establish an anti-money laundering
program and shall report suspicious transactions under subsections (g)
and (h) of section 5318 of title 31, United States Code.
    (c) Rulemaking.--
            (1) In general.--The Secretary of the Treasury, in
        consultation with the Chairman of the Securities and Exchange
        Commission and the Chairman of the Commodity Futures Trading
        Commission, shall, by rule, establish the policies, procedures,
        and controls necessary to carry out subsection (b).
            (2) Contents.--The rule required by paragraph (1)--
                    (A) shall require that each investment company that
                receives an exemption under paragraph (6) or (7) of
                section 6(a) of the Investment Company Act of 1940 (15
                U.S.C. 80a-6(a) (6) and (7)), as amended by this Act,
                shall--
                            (i) use risk-based due diligence policies,
                        procedures, and controls that are reasonably
                        designed to ascertain the indentity of and
                        evaluate any foreign person (including, where
                        appropriate, the nominal and beneficial owner
                        or beneficiary of a foreign corporation,
                        partnership, trust, or other foreign entity)
                        that supplies or plans to supply funds to be
                        invested with the advice or assistance of such
                        investment company; and
                            (ii) be subject to section 5318(k)(2) of
                        title 31, United States Code; and
                    (B) may incorporate elements of the proposed rule
                for unregistered investment companies published in the
                Federal Register on September 26, 2002 (67 Fed. Reg.
                60617) (relating to anti-money laundering programs).
            (3) Publication date.--The Secretary of the Treasury,
        shall--
                    (A) propose the rule required by this subsection
                not later than 90 days after the date of enactment of
                this Act; and
                    (B) issue the rule required by this subsection in
                final form not later than 180 days after the date of
                enactment of this Act.
    (d) Effective Date.--Subsection (b) shall take effect 1 year after
the date of enactment of this Act, whether or not a final rule is
issued under subsection (c), and the failure to issue such rule shall
in no way affect the enforceability of this section.

SEC. 5. TECHNICAL CORRECTIONS.

    (a) Securities Act of 1933.--Section 3(a) of the Securities Act of
1933 (15 U.S.C. 77c(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``section 3(c)(3)'' and inserting
                ``section 3(c)(2)''; and
                    (B) by striking ``section 3(c)(14)'' and inserting
                ``section 3(c)(12)'';
            (2) in paragraph (4), by striking ``section 3(c)(10)(B)''
        and inserting ``section 3(c)(8)(B)''; and
            (3) in paragraph (13), by striking ``section (3)(c)(14)''
        and inserting ``section 3(c)(12)''.
    (b) Securities Exchange Act of 1934.--The Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) is amended--
            (1) in section 3(a) (15 U.S.C. 78c(a))--
                    (A) in paragraph (12)(A)--
                            (i) in clause (iii), by striking ``section
                        3(c)(3)'' and inserting ``section 3(c)(2)'';
                            (ii) in clause (v), by striking ``section
                        3(c)(10)(B)'' and inserting ``section
                        3(c)(8)(B)''; and
                            (iii) in clause (vi), by striking ``section
                        3(c)(14)'' and inserting ``section 3(c)(12)'';
                    (B) in paragraph (12)(C), by striking ``section
                3(c)(14)'' and inserting ``section 3(c)(12)''; and
                    (C) in paragraph (54)(A)--
                            (i) in clause (ii), by striking ``exclusion
                        from the definition of investment company
                        pursuant to section 3(c)(7)'' and inserting
                        ``exemption under section 6(a)(7)''; and
                            (ii) in clause (vii), by striking ``section
                        3(c)(2)'' and inserting ``section 3(c)(1)'';
            (2) in section 3(g) (15 U.S.C. 78c(g)) by striking
        ``section 3(c)(14)'' each place that term appears and inserting
        ``section 3(c)(12)''; and
            (3) in section 12(g)(2) (15 U.S.C. 78l(g)(2))--
                    (A) in subparagraph (D), by striking ``section
                3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and
                    (B) in subparagraph (H), by striking ``section
                3(c)(14)'' and inserting ``section 3(c)(12)''.
    (c) Investment Company Act of 1940.--The Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) is amended--
            (1) in section 2(a)(51) (15 U.S.C. 80a-2(a)(51))--
                    (A) in subparagraph (A)(i), by striking ``excepted
                under section 3(c)(7)'' and inserting ``exempt under
                section 6(a)(7)''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``that, but for the
                        exceptions provided for in paragraph (1) or (7)
                        of section 3(c), would be an investment company
                        (hereafter in this paragraph referred to as an
                        `excepted investment company')'' and inserting
                        ``that is exempt under paragraph (6) or (7) of
                        section 6(a) (hereafter in this paragraph
                        referred to as an `exempt investment
                        company')'';
                            (ii) by striking ``section 3(c)(1)(A)'' and
                        inserting ``section 6(a)(6)(B)(i)''; and
                            (iii) by striking ``excepted'' each place
                        that term appears and inserting ``any exempt'';
            (2) in section 6 (15 U.S.C. 80a-6)--
                    (A) in subsection (a)--
                            (i) in paragraph (2), by striking ``section
                        3(c)(1)'' and inserting ``section 6(a)(6)'';
                        and
                            (ii) in paragraph (5)(A)(iv), by striking
                        ``that would be an investment company except
                        for the exclusions from the definition of the
                        term `investment company' under paragraph (1)
                        or (7) of section 3(c)'' and inserting ``that
                        is exempt under paragraph (6) or (7) of section
                        6(a)''; and
                    (B) in subsection (f), by striking ``excluded from
                the definition of an investment company by section
                3(c)(1)'' and inserting ``exempt under section
                6(a)(6)'';
            (3) in section 7(e) (15 U.S.C. 80a-7(e)), by striking
        ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)'';
        and
            (4) in section 30 (15 U.S.C. 80a-29) in each of subsections
        (i) and (j), by striking ``section 3(c)(14)'' each place that
        term appears and inserting ``section 3(c)(12)''.
    (d) Investment Advisers Act of 1940.--The Investment Advisers Act
of 1940 (15 U.S.C. 80b-1 et seq.) is amended--
            (1) in section 203(b) (15 U.S.C. 80b-3(b))--
                    (A) in paragraph (4) by striking ``section
                3(c)(10)'' each place that term appears and inserting
                ``section 3(c)(8)''; and
                    (B) in paragraph (5), by striking ``section
                3(c)(14)'' and inserting ``section 3(c)(12)''; and
            (2) in section 205(b) (15 U.S.C. 80b-5(b))--
                    (A) in paragraph (2)(B), by striking ``section
                3(c)(11)'' and inserting ``section 3(c)(9)''; and
                    (B) in paragraph (4), by striking ``excepted from
                the definition of an investment company under section
                3(c)(7)'' and inserting ``exempt under section
                6(a)(7)''.
    (e) Internal Revenue Code of 1986.--Section 851(a)(2) of the
Internal Revenue Code of 1986 (relating to the definition of regulated
investment company) is amended by striking ``section 3(c)(3)'' and
inserting ``section 3(c)(2)''.

Summary: Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one. Exempts an investment company with assets, or assets under management, of at least $50 million from ordinary registration and filing requirements only if that company: (1) registers with the Securities and Exchange Commission (SEC). (2) files with the SEC a specified annual electronic information form, made available to the public, concerning ownership structure, investors, primary accountant and broker, and current assets value. (3) maintains such books and records as the SEC may require. And (4) cooperates with any request for information or examination by the Section Requires any investment company meeting such exemption requirements to establish an anti-money laundering program, according to rules prescribed by the Secretary of the Treasury, and report suspicious transactions. Requires such rules to require exempted investment companies to use risk-based due diligence policies, procedures, and controls reasonably designed to ascertain the identity of, and evaluate, any foreign person that supplies funds, or plans to supply funds, to be invested with the investment company's advice or assistance. Requires such rules also to require exempted investment companies to comply with the same requirements as other financial institutions for producing records requested by a federal regulator, particularly within 120 hours of receiving such a request.

A bill to require hedge funds to register with the Securities and Exchange Commission, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Statistical
Information and Analysis Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Both the public and private sectors in the United
        States would benefit from the collection, analysis, and
        dissemination of reliable statistical information about the
        independent states of the former Soviet Union and the Baltic
        states.
            (2) Statistical information about the independent states of
        the former Soviet Union and the Baltic states can be used in
        policy development on issues ranging from domestic and foreign
        trade to international population growth, health, and the
        environment. United States Government statistical agencies
        could use data collected in the independent states and the
        Baltic states to develop statistical comparisons between the
        United States and the rest of the world.
            (3) Reliable economic statistical information can also
        assist United States businesses in identifying trade and
        investment opportunities in the independent states of the
        former Soviet Union and the Baltic states.
            (4) Reliable information is needed about economic
        performance at both the macro and micro-economic levels as the
        independent states of the former Soviet Union and the Baltic
        states make the transition from a centrally planned economy to
        a free market economy.
            (5) Reliable economic statistical information is especially
        important in evaluating the effectiveness of assistance
        provided to the independent states of the former Soviet Union
        and the Baltic states by the United States Government, by
        nongovernmental organizations, and by international financial
        institutions.
            (6) Such evaluations would be facilitated by annual
        reports, prepared by the Secretary of Commerce with the
        assistance of United States Government statistical agencies,
        assessing the progress being made by the independent states of
        the former Soviet Union and the Baltic states in establishing a
        free market economy.
            (7) United States Government statistical agencies (such as
        the Bureau of the Census of the Department of Commerce, the
        Bureau of Labor Statistics of the Department of Labor, the
        Bureau of Economic Analysis of the Department of Commerce, and
        the National Agricultural Statistics Service of the Department
        of Agriculture) have been involved in providing statistical
        assistance to foreign countries for more than 40 years.
            (8) United States Government statistical agencies have set
        the standard for modern statistical methodology used throughout
        the world.
            (9) United States Government statistical agencies have the
        personnel, facilities, expertise, and other resources to
        provide training and other technical assistance to the
        independent states of the former Soviet Union and the Baltic
        states with respect to the collection, analysis, and
        dissemination of economic statistical data. In addition, to the
        extent that the independent states or Baltic states use non-
        standard collection methods, United States Government
        statistical agencies have the ablility to reconcile discrepant
        data, thereby increasing its usefulness.

SEC. 3. ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF
              THE FORMER SOVIET UNION AND BALTIC STATES.

    (a) Amendment to Title 13.--Title 13 of the United States Code is
amended by adding at the end the following:

   ``CHAPTER 11--ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT
          STATES OF THE FORMER SOVIET UNION AND BALTIC STATES

``Sec.
``501. Preparation and publication of analysis.
``502. Definitions.
``Sec. 501. Preparation and publication of analysis
    ``(a) The Secretary shall prepare and submit to the Congress each
year a report analyzing the progress being made by the the independent
states of the former Soviet Union and the Baltic states in establishing
a free market economy.
    ``(b) In preparing the reports required by subsection (a), the
Secretary shall draw upon the information collected and the analysis
performed under the auspices of the International Statistical
Assistance Coordinating Committee established pursuant to section 4 of
the International Statistical Information and Analysis Coordination Act
of 1993.
    ``(c) The first report pursuant to subsection (a) shall be
submitted as soon as reliable economic statistical information is
available about the independent states of the former Soviet Union and
the Baltic states, but not later than 5 years after the date of
enactment of this chapter.
``Sec. 502. Definitions
    ``As used in this chapter--
            ``(1) the term `independent states of the former Soviet
        Union' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
        Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine,
        and Uzbekistan; and
            ``(2) the term `Baltic states' means Estonia, Latvia, and
        Lithuania.''.
    (b) Amendment to Table of Chapters.--The table of chapters at the
beginning of title 13, United States Code, is amended by adding at the
end the following new item:

``11. Economic statistical analysis regarding independent        501''.
                            states of the former Soviet
                            Union and Baltic states.

SEC. 4. INTERNATIONAL STATISTICAL ASSISTANCE COORDINATING COMMITTEE.

    (a) Establishment and Membership.--The President shall establish an
interagency committee to be known as the ``International Statistical
Assistance Coordinating Committee'' (hereinafter in this Act referred
to as the ``Coordinating Committee''). The Coordinating Committee shall
consist of a representative of each of the following:
            (1) The Office of Management and Budget.
            (2) The Bureau of the Census of the Department of Commerce.
            (3) The Bureau of Labor Statistics of the Department of
        Labor.
            (4) The Bureau of Economic Analysis of the Department of
        Commerce.
            (5) The National Agricultural Statistics Service of the
        Department of Agriculture.
            (6) The Agency for International Development.
    (b) Functions.--Consistent with section 104(a) of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (relating to Department of State coordination of assistance to
the independent states of the former Soviet Union), the Coordinating
Committee--
            (1) shall determine priorities for providing training and
        other technical assistance to develop capabilities to monitor
        economic performance in the independent states of the former
        Soviet Union and the Baltic states through the collection,
        analysis, and dissemination of economic statistical data;
            (2) shall use the expertise of its constituent agencies in
        providing such assistance;
            (3) shall be responsible for coordinating such assistance
        with comparable assistance provided or coordinated by
        international or multilateral organizations or agencies; and
            (4) shall provide for the analysis by its constituent
        agencies of economic statistical data regarding the independent
        states of the former Soviet Union and the Baltic states and for
        the dissemination of such analysis to United States businesses
        and other interested parties, including dissemination through
        the annual report required by section 501 of title 13, United
        States Code.
    (c) Annual Reports.--The Coordinating Committee shall prepare an
annual report describing the assistance provided through the
Coordinating Committee pursuant to this section. Such report shall be
submitted to the Congress as part of the annual congressional
presentation materials on international economic assistance.

SEC. 5. UNITED STATES ASSISTANCE TO IMPROVE MONITORING OF ECONOMIC
              PERFORMANCE IN INDEPENDENT STATES OF THE FORMER SOVIET
              UNION AND BALTIC STATES.

    (a) Statistical Capability Assistance.--United States assistance
that is provided to encourage the development of a free-market economic
system in the independent states of the former Soviet Union and the
Baltic states shall include training and other technical assistance to
develop capabilities to monitor economic performance in those republics
and states through the collection, analysis, and dissemination of
economic statistical data.
    (b) International Statistical Assistance Coordinating Committee.--
The assistance required by subsection (a) shall be coordinated through
the Coordinating Committee and shall otherwise be provided in
accordance with section 4(b).
    (c) Funding.--It is the sense of the Congress that at least
$3,000,000 of the funds allocated for each of the fiscal years 1994
through 1998 for United States economic assistance to encourage the
development of a free-market economic system in the independent states
of the former Soviet Union and the Baltic states should be used for
training and other technical assistance pursuant to this section.

SEC. 6. DEFINITIONS.

    As used in this Act--
            (1) the term ``independent states of the former Soviet
        Union'' means Armenia, Azerbaijan, Belarus, Georgia,
        Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,
        Turkmenistan, Ukraine, and Uzbekistan; and
            (2) the term ``Baltic states'' means Estonia, Latvia, and
        Lithuania.

Summary: International Statistical Information and Analysis Act of 1993 - Directs the Secretary of Commerce to prepare and submit to the Congress an annual report analyzing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. Requires the President to establish an interagency committee to be known as the International Statistical Assistance Coordinating Committee to: (1) determine priorities for providing training and other technical assistance to monitor economic performance in such countries through the collection and analysis of economic statistical data. (2) coordinate such assistance with assistance provided by international or multilateral organizations. And (3) provide for analysis by its constituent agencies of economic statistical data regarding such countries and for the dissemination of such analysis to US businesses and other interested parties. Requires US assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states to include training and other technical assistance to develop capabilities to monitor economic performance through the collection and analysis of economic statistical data. Expresses the sense of the Congress that a specified amount of funds allocated for US assistance to encourage the development of free market systems in such countries be used for such training and assistance.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Fairness for
Seniors Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Manufacturers of prescription drugs engage in price
        discrimination practices that compel many older Americans to
        pay substantially more for prescription drugs than the drug
        manufacturers' most favored customers, such as health insurers,
        health maintenance organizations, and the Federal Government.
            (2) On average, older Americans who buy their own
        prescription drugs pay twice as much for prescription drugs as
        the drug manufacturers' most favored customers. In some cases,
        older Americans pay over 15 times more for prescription drugs
        than the most favored customers.
            (3) The discriminatory pricing by major drug manufacturers
        sustains their annual profits of $20,000,000,000, but causes
        financial hardship and impairs the health and well-being of
        millions of older Americans. More than one in eight older
        Americans are forced to choose between buying their food and
        buying their medicines.
            (4) Most federally funded health care programs, including
        Medicaid, the Veterans Health Administration, the Public Health
        Service, and the Indian Health Service, obtain prescription
        drugs for their beneficiaries at low prices. Medicare
        beneficiaries are denied this benefit and cannot obtain their
        prescription drugs at the favorable prices available to other
        federally funded health care programs.
            (5) It has been estimated that implementation of the policy
        set forth in this Act will reduce prescription prices for
        Medicare beneficiaries by more than 40 percent.
            (6) In addition to substantially lowering health care costs
        for older Americans, implementation of the policy set forth in
        this Act will significantly improve the health and well-being
        of older Americans and lower the costs to the Federal taxpayer
        of the Medicare program.
    (b) Purpose.--The purpose of this Act is to protect Medicare
beneficiaries from discriminatory pricing by drug manufacturers and to
make prescription drugs available to Medicare beneficiaries at
substantially reduced prices, by allowing pharmacies to purchase drugs
for Medicare beneficiaries at the substantially reduced price available
under the Federal Supply Schedule.

SEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD.

    The Secretary of Health and Human Services shall furnish to each
Medicare beneficiary a drug benefit card that enables the beneficiary
to purchase covered prescription drugs from participating pharmacies at
reduced prices pursuant to section 4.

SEC. 4. PARTICIPATING PHARMACIES.

    (a) Agreements to Participate.--Any qualified pharmacy may enter
into an agreement with the Secretary that enables the pharmacy to sell
covered outpatient drugs to holders of Medicare drug benefit cards at a
reduced price, by authorizing the pharmacy to operate as a
participating pharmacy under this Act.
    (b) Right of Participating Pharmacies To Obtain Drugs.--An
agreement under this section shall entitle the participating pharmacy
to purchase any covered outpatient drug that is listed on the Federal
Supply Schedule of the General Services Administration at the
participating pharmacy discount price for that drug determined under
subsection (d).
    (c) Quantity of Drugs Purchased.--An agreement under this section
shall permit the participating pharmacy to purchase under this Act as
much of a covered outpatient drug as is sold by the pharmacy to holders
of Medicare drug benefit cards.
    (d) Participating Pharmacy Discount Price.--
            (1) In general.--The Secretary shall determine a
        participating pharmacy discount price for each covered
        outpatient drug.
            (2) Determination.--The participating pharmacy discount
        price for a covered outpatient drug shall be determined by
        adding--
                    (A) the price at which the drug is available to
                Federal agencies from the Federal Supply Schedule under
                section 8126 of title 38, United States Code; plus
                    (B) an amount that reflects the administrative
                costs incurred by the Secretary in administering this
                Act.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Secretary shall administer this Act in a
manner that uses existing methods of obtaining and distributing drugs
to the maximum extent possible, consistent with efficiency and cost
effectiveness.
    (b) Regulations.--The Secretary shall issue such regulations as may
be necessary to implement this Act.

SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.

    (a) In General.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
report to the Congress regarding the effectiveness of this Act in--
            (1) protecting Medicare beneficiaries from discriminatory
        pricing by drug manufacturers; and
            (2) making prescription drugs available to Medicare
        beneficiaries at substantially reduced prices.
    (b) Consultation.--In preparing such reports, the Secretary shall
consult with public health experts, affected industries, organizations
representing consumers and older Americans, and other interested
persons.
    (c) Recommendations.--The Secretary shall include in such reports
any recommendations they consider appropriate for changes in this Act
to further reduce the cost of covered outpatient drugs to Medicare
beneficiaries.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Covered outpatient drug.--The term ``covered outpatient
        drug'' has the meaning given that term in section 1927(k)(2) of
        the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
            (2) Medicare beneficiary.--The term ``Medicare
        beneficiary'' means an individual entitled to benefits under
        part A of title XVIII of the Social Security Act or enrolled
        under part B of such title, or both.
            (3) Medicare drug benefit card.--The term ``Medicare drug
        benefit card'' means such a card issued under section 3.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 8. EFFECTIVE DATE.

    The Secretary shall implement this Act as expeditiously as
practicable and in a manner consistent with the obligations of the
United States.

Summary: Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Oil-for-Food
Accountability Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Allegations have been raised of substantial fraud and
        corruption in the administration of the Office of the Iraq Oil-
        for-Food Program of the United Nations.
            (2) The United Nations received 2.2 percent of the proceeds
        of the sale of the oil exported from Iraq under the oil-for-
        food program, representing approximately $1,400,000,000, to
        fund the administrative costs of the program.
            (3) The General Accounting Office estimates that during the
        period from 1997 through 2002, the former Iraqi regime received
        $10,100,000,000 in illegal revenues from the oil-for-food
        program, including $5,700,000,000 received from oil smuggled
        out of Iraq and $4,400,000,000 received from surcharges on oil
        sales and illicit commissions from suppliers exporting goods to
        Iraq.
            (4) Any illicit activity by United Nations officials,
        personnel, agents, or contractors, including entities that have
        entered into contracts under the oil-for-food program, is
        unacceptable and should be thoroughly investigated.
            (5) Documents in the files of the former Oil Ministry of
        Iraq indicate that Benon Sevan, the Executive Director of the
        oil-for-food program, and other senior United Nations officials
        may have been connected to an illicit scheme in which
        approximately 270 prominent foreign officials, business people,
        and political entities received the right to trade in Iraqi oil
        at below-market prices.
            (6) On April 21, 2004, the United Nations Security Council
        adopted Resolution 1538, which established a high-level inquiry
        into allegations regarding the administration of the oil-for-
        food program. The inquiry will be led by Paul Volcker, but the
        investigators will not have subpoena power.
            (7) The ability and credibility of the United Nations
        Security Council to act in matters of war and peace is
        threatened by the alleged influence of politically connected
        individuals, companies, and institutions of the permanent
        member states who received Iraqi oil contracts.
            (8) The ability and credibility of the United Nations to
        convey legitimacy to the new Government of Iraq and assist in
        the reconstruction of postwar Iraq is hampered by these
        allegations of United Nations corruption and mismanagement in
        the oil-for-food program.

SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED.

    In this Act, the term ``oil-for-food program'' means the program
established and administered pursuant to United Nations Security
Council Resolution 986 (April 14, 1995) and subsequent United Nations
resolutions to permit the sale of petroleum products exported from Iraq
and to use the revenue generated from such sale for humanitarian
assistance.

SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS
              REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION
              OF UNITED NATIONS COOPERATION.

    (a) Withholding of Portion of Assessed Contributions.--Until the
President submits to Congress a certification that satisfies the
requirements described in subsection (b), amounts shall be withheld
from amounts appropriated for contributions to international
organizations as follows:
            (1) Of the funds appropriated for contributions to
        international organizations in an Act making appropriations for
        fiscal year 2005, 10 percent of the amount available for United
        States assessed contributions to the regular budget of the
        United Nations for such fiscal year.
            (2) Of the funds appropriated for contributions to
        international organizations in an Act making appropriations for
        fiscal year 2006, 20 percent of the amount available for United
        States assessed contributions to the regular budget of the
        United Nations for such fiscal year.
    (b) Certification.--The certification referred to in subsection (a)
is a certification made by the President to Congress that--
            (1) the United Nations has in effect procedures that
        provide the General Accounting Office access to all documents
        relating to the oil-for-food program so that the Comptroller
        General may perform nationally mandated reviews of United
        Nations operations;
            (2) the United Nations Secretary General has formally
        confirmed that the United Nations will not assert the
        inviolability of United Nations papers and internal records
        that concern the oil-for-food program or a sanction imposed on
        Iraq related to the oil-for-food program;
            (3) the United Nations Secretary General has authorized the
        release to the law enforcement authorities of any member state
        of the United Nations authentic copies of any document in the
        possession of the United Nations, including any document in the
        possession of a person who was engaged on a contract basis to
        provide goods or services to the United Nations, that in the
        judgment of the requesting authority directly or indirectly
        concerns the oil-for-food program or a sanction imposed on Iraq
        related to the oil-for-food program upon request by such law
        enforcement authority;
            (4) the United Nations has waived any immunity enjoyed by
        any United Nations official from the judicial process in the
        United States for any civil or criminal acts or omissions under
        Federal or State law that may have transpired within the
        jurisdiction of the United States in connection with the oil-
        for-food program; and
            (5) any United Nations official who benefitted financially
        from the oil-for-food program has reimbursed the Government of
        Iraq and any other entity affected by the illicit activity of
        such official the full amount that such official improperly
        received from the oil-for-food program.

Summary: United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 US contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.

To require the withholding of United States contributions to the United Nations until the President certifies that the United Nations is cooperating in the investigation of the United Nations Oil-for-Food Program.


SECTION 1. PROVISION OF MENTAL HEALTH SERVICES BY DEPARTMENT OF
              VETERANS AFFAIRS FOR VETERANS AND FAMILY MEMBERS WITH
              LIMITED ENGLISH PROFICIENCY.

    (a) In General.--
            (1) Requirement.--Chapter 17 of title 38, United States
        Code, is amended by inserting after section 1712B the following
        new section:
``Sec. 1713. Mental health services; languages other than English
    ``(a) Availability of Counseling in Languages Other Than English.--
In providing counseling and other mental health services authorized by
law to a veteran who has limited proficiency in English, the Secretary
shall ensure that such counseling and services are available to that
veteran in both English and a language other than English in which the
veteran is proficient, if requested by the veteran.
    ``(b) Identification of Limited English Proficient Veterans.--For
purposes of this section, the Secretary shall develop procedures for
identifying veterans who have limited proficiency in English and of
informing those veterans of the provisions of subsection (a).''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such chapter is amended by inserting after the
        item relating to section 1712B the following new item:

``1713. Mental health services; languages other than English''.
    (b) Family Members.--Section 1782 of such title is amended by
adding at the end the following new subsections:
    ``(e) Additional Counseling.--In addition to services authorized by
subsections (a) and (b), the Secretary shall, in connection with the
service of a veteran in the active military, naval, or air service,
provide to an individual described in subsection (c) such counseling
and mental health services as are requested by the individual, except
to the extent that the Secretary determines that such counseling and
mental health services are not needed.
    ``(f) Bilingual Counseling.--(1) In providing counseling and mental
health services under this section and bereavement counseling under
section 1783 of this title, the Secretary shall ensure, in the case of
an individual who has limited proficiency in English, that such
counseling and services are available to that individual in both
English and a language other than English in which the individual is
proficient, if requested by the individual.
    ``(2) For purposes of this subsection, the Secretary shall develop
procedures for identifying individuals who have limited proficiency in
English and of informing those individuals of the provisions of
paragraph (1).''.
    (c) Effective Date.--Section 1713 of title 38, United States Code,
as added by subsection (a)(1), and subsections (e) and (f) of section
1782 of such title, as added by subsection (b), shall take effect at
the end of the 120-day period beginning on the date of the enactment of
this Act.

SEC. 2. CODIFICATION FOR DEPARTMENT OF VETERANS AFFAIRS OF REQUIREMENTS
              OF EXECUTIVE ORDER 13166.

    (a) System for Access to Services.--The Secretary of Veterans
Affairs shall implement a system by which persons with limited English
proficiency can meaningfully access the services provided by the
Department of Veterans Affairs consistent with, and without unduly
burdening, the fundamental mission of that Department. The Secretary
shall work to ensure that recipients of financial assistance under
programs of the Department provide meaningful access to applicants and
beneficiaries with limited English proficiency.
    (b) Plan.--The Secretary shall implement a plan to improve access
to programs and activities of the Department of Veterans Affairs by
eligible persons with limited English proficiency. The plan shall be
consistent with the standards set forth in the guidance issued by the
Attorney General and shall include the steps the Secretary will take to
ensure that eligible persons with limited English proficiency can
meaningfully access the programs and activities of the Department.

SEC. 3. IMPLEMENTATION.

    In developing and implementing the plan under section 2(b), the
Secretary shall, at a minimum, carry out the following:
            (1) The Secretary shall conduct a thorough assessment of
        the language needs of the population served by the Department
        of Veterans Affairs, including identifying the non-English
        languages that are likely to be encountered.
            (2) The Secretary shall develop and implement a
        comprehensive language assistance program, which shall
        include--
                    (A) hiring bilingual staff and interpreters for
                patient and client contact positions; and
                    (B) translating written materials (such as consent
                forms, notice of free language assistance, and outreach
                materials) into languages other than English.
            (3) The Secretary shall train staff of the Department on
        the access policy of the Department with respect to persons
        with limited English proficiency and on carrying out that
        policy.
            (4) The Secretary shall establish vigilant monitoring and
        oversight to ensure that persons with limited English
        proficiency have meaningful access to health care and services.
            (5) The Secretary shall establish a task force to evaluate
        implementation and to prioritize needed actions to implement
        the access plan for persons with limited English proficiency.
            (6) The Secretary shall develop a specific plan to ensure
        seamless transition of veterans and their families from
        benefits and services provided by the Department of Defense to
        benefits and services provided by the Department of Veterans
        Affairs, including bilingual readjustment and bereavement
        counseling.
            (7) The Secretary shall establish a process to translate
        vital documents and other materials, including materials on the
        World Wide Web, brochures distributed as part of outreach
        efforts to servicemembers transitioning into civilian life, and
        the post-deployment health reassessment program.
            (8) The Secretary shall conduct outreach to veterans and
        their families in communities which may have higher proportions
        of populations with limited English proficiency to ensure they
        are aware of eligibility for benefits and services from the
        Department of Veterans Affairs.

SEC. 4. REPORT ON IMPLEMENTATION BY VETERANS HEALTH ADMINISTRATION OF
              DIRECTIVE ON IMPROVING ACCESS TO SERVICES FOR PERSONS
              WITH LIMITED ENGLISH PROFICIENCY.

    (a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the implementation by the Veterans Health
Administration of the Department of Veterans Affairs of the directive
of the Veterans Health Administration designated ``VHA Directive 2002-
006'' that was issued by the Under Secretary for Health of the
Department of Veterans Affairs on January 31, 2002, and that issued
policy to implement prohibitions on discrimination on the basis of
national origin for persons with limited English proficiency in
Federally-conducted programs and activities and in Federal financial
assisted programs.
    (b) Capacity to Provide Services to LEP Servicemembers.--The
Secretary shall include in the report an analysis of the capacity of
the Department of Veterans Affairs to provide services to members of
the Armed Forces with limited English proficiency.

Summary: Amends federal veterans' benefits provisions to direct the Secretary of Veterans Affairs, in providing counseling and other mental health services to a veteran who has limited proficiency in English, to ensure that such services are available in both English and a language in which that veteran is proficient, if requested by the veteran. Requires such availability also for the family members of such a veteran. Requires the Secretary to implement a system by which persons with limited English proficiency can access services provided by the Department of Veterans consistent with, and without unduly burdening, the Department's fundamental mission. Requires a report from the Secretary to the congressional veterans' committees on the implementation by the Department's Veterans Health Administration of a specified directive to implement prohibitions on discrimination on the basis of national origin for persons with limited English proficiency in federally-conducted programs and activities and in federal financial-assisted programs.

To require the Department of Veterans Affairs to provide mental health services in languages other than English, as needed, for veterans and family members with limited English proficiency, to expand the scope of mental health services provided to family members of veterans, and for other purposes.