SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers and Veterans
Prescription Drug Safety Act of 2016''.

SEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE ARMED
              FORCES AND THEIR DEPENDENTS.

    (a) Definitions.--In this section:
            (1) Covered beneficiary.--The term ``covered beneficiary''
        has the meaning given that term in section 1072 of title 10,
        United States Code.
            (2) Covered controlled substance.--The term ``covered
        controlled substance'' means a controlled substance that is
        listed in schedule II, III, IV, or V of section 202(c) of the
        Controlled Substances Act (21 U.S.C. 812(c)).
            (3) Dependent.--The term ``dependent'' has the meaning
        given that term in section 1072 of title 10, United States
        Code.
            (4) Eligible person.--The term ``eligible person'' means--
                    (A) a member of the Armed Forces;
                    (B) an individual who is receiving or is entitled
                to receive retired or retainer pay under chapter 71 of
                title 10, United States Code;
                    (C) a dependent of a member of the Armed Forces, if
                that dependent is a covered beneficiary in receipt of
                health care services under chapter 55 of title 10,
                United States Code; and
                    (D) any person lawfully entitled to dispose of the
                property of a person described in subparagraphs (A)
                through (C) who dies while lawfully in possession of a
                covered controlled substance for personal use.
            (5) Program.--The term ``program'' means the program
        established under subsection (b)(1).
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Defense.
    (b) Program Required.--
            (1) In general.--The Secretary and the Attorney General
        shall jointly carry out a program, which shall, except as
        provided in paragraph (2), be carried out in accordance with
        section 302(g) of the Controlled Substances Act (21 U.S.C.
        822(g)), under which an eligible person who has lawfully
        obtained a covered controlled substance in accordance with such
        Act may deliver the covered controlled substance to be disposed
        of at a facility and by a person specified under paragraph (2).
            (2) Delivery of controlled substances.--Notwithstanding the
        requirement under section 302(g)(1) of the Controlled
        Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a
        controlled substance be authorized to receive the controlled
        substance under such Act, the Secretary and the Attorney
        General shall jointly specify the facilities and persons to
        which covered controlled substances may be delivered under the
        program.
    (c) Prevention of Abuse.--In implementing the program, the
Secretary and the Attorney General shall jointly develop appropriate
guidelines and procedures to prevent the diversion, misuse, theft, or
loss of controlled substances delivered under the program.
    (d) Administration of Program.--
            (1) Regulations.--Not later than 1 year after the date of
        enactment of this Act, the Secretary and the Attorney General
        shall jointly prescribe regulations to carry out the program.
            (2) Implementation.--Not later than 1 year after the date
        on which the Secretary and the Attorney General jointly
        prescribe regulations under paragraph (1), the Secretary shall
        fully implement the program.

SEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR VETERANS AND THEIR
              DEPENDENTS.

    (a) Definitions.--In this section:
            (1) Covered controlled substance.--The term ``covered
        controlled substance'' means a controlled substance that is
        listed in schedule II, III, IV, or V of section 202(c) of the
        Controlled Substances Act (21 U.S.C. 812(c)).
            (2) Eligible person.--The term ``eligible person'' means--
                    (A) a veteran;
                    (B) the spouse of a veteran, if the spouse is in
                receipt of medical services under laws administered by
                the Secretary;
                    (C) a dependent of a veteran, if the dependent is
                in receipt of medical services under laws administered
                by the Secretary;
                    (D) a person described in section 2(a)(4) who is in
                receipt of medical services at a facility of the
                Department of Veterans Affairs; and
                    (E) any person lawfully entitled to dispose of the
                property of a person described in subparagraphs (A)
                through (D) who dies while lawfully in possession of a
                covered controlled substance for personal use.
            (3) Program.--The term ``program'' means the program
        established under subsection (b)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Veterans Affairs.
            (5) Veteran.--The term ``veteran'' has the meaning given
        that term in section 101 of title 38, United States Code.
    (b) Program Required.--
            (1) In general.--The Secretary and the Attorney General
        shall jointly carry out a program, which shall, except as
        provided in paragraph (2), be carried out in accordance with
        section 302(g) of the Controlled Substances Act (21 U.S.C.
        822(g)), under which an eligible person who has lawfully
        obtained a covered controlled substance in accordance with such
        Act may deliver the covered controlled substance to be disposed
        of at a facility and by a person specified under paragraph (2).
            (2) Delivery of controlled substances.--Notwithstanding the
        requirement under section 302(g)(1) of the Controlled
        Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a
        controlled substance be authorized to receive the controlled
        substance under such Act, the Secretary and the Attorney
        General shall jointly specify the facilities and persons to
        which covered controlled substances may be delivered under the
        program.
    (c) Prevention of Abuse.--In implementing the program, the
Secretary and the Attorney General shall jointly develop appropriate
guidelines and procedures to prevent the diversion, misuse, theft, or
loss of controlled substances delivered under the program.
    (d) Administration of Program.--
            (1) Regulations.--Not later than 1 year after the date of
        enactment of this Act, the Secretary and the Attorney General
        shall jointly prescribe regulations to carry out the program.
            (2) Implementation.--Not later than 1 year after the date
        on which the Secretary and the Attorney General jointly
        prescribe regulations under paragraph (1), the Secretary shall
        fully implement the program.

Summary: Servicemembers and Veterans Prescription Drug Safety Act of 2016 This bill directs the Department of Defense (DOD) and the Department of Justice (DOJ) to carry out a joint program under which an eligible person who has lawfully obtained a covered controlled substance may deliver it for disposal at a facility to be specified by DOD and DOJ. An eligible person for this purpose shall be: a member of the Armed Forces, an individual receiving or entitled to military retired or retainer pay, a member's dependent-beneficiary who is receiving certain health care services, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOD and DOJ shall develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program. DOJ and the Department of Veterans Affairs (VA) shall carry out a similar joint program covering any veteran, veteran's spouse or dependent, a person in receipt of medical services at a VA facility, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOJ and the VA shall also develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nutria Eradication and Control Act
of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) wetland and tidal marshes in the Chesapeake Bay, the
        State of Louisiana, and other coastal States provide
        significant cultural, economic, and ecological benefits to the
        United States;
            (2) the South American nutria (Myocastor coypus) is
        directly contributing to substantial marsh loss on Federal,
        State, and private land in the States of Maryland and Louisiana
        and other coastal States;
            (3) the Nutria Eradication and Control Act of 2003 (Public
        Law 108-16; 117 Stat. 621) authorized the Maryland Nutria
        Project, which has successfully eradicated nutria from more
        than 130,000 acres of Chesapeake Bay wetland in the State of
        Maryland;
            (4) the Nutria Eradication and Control Act of 2003 (Public
        Law 108-16; 117 Stat. 621) and the Coastal Wetlands Planning,
        Protection, and Restoration Act (16 U.S.C. 3951 et seq.)
        authorized the Coastwide Nutria Control Program, which has
        reduced nutria-impacted wetland acres in the State of Louisiana
        from 80,000 acres to 23,141 acres; and
            (5) proven techniques developed under the Nutria
        Eradication and Control Act of 2003 (Public Law 108-16; 117
        Stat. 621) that are eradicating nutria from the State of
        Maryland and are reducing the acres of nutria-impacted wetland
        in Louisiana, should be applied to nutria eradication or
        control programs in other nutria-infested coastal States.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to provide financial assistance to the States of
Maryland, Louisiana, Delaware, Oregon, Virginia, and Washington to
carry out activities--
            (1) to eradicate or control nutria; and
            (2) to restore nutria damaged wetland.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Coastal state.--The term ``coastal State'' means each
        of the States of Delaware, Oregon, Virginia, and Washington.
            (2) Program.--The term ``program'' means the nutria
        eradication program established by section 4(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. NUTRIA ERADICATION PROGRAM.

    (a) In General.--There is established a nutria eradication program
under which the Secretary may, subject to the availability of
appropriations, provide financial assistance to the States of Maryland
and Louisiana and the coastal States to implement measures--
            (1) to eradicate or control nutria; and
            (2) to restore wetland damaged by nutria.
    (b) Goals.--The goals of the program shall be--
            (1) to eradicate nutria in the State of Maryland;
            (2) to eradicate or control nutria in the State of
        Louisiana and the coastal States; and
            (3) to restore wetland damaged by nutria.
    (c) Activities in the State of Maryland.--The Secretary shall
require that the program carried out in the State of Maryland consist
of management, research, and public education activities carried out in
accordance with the document published by the United States Fish and
Wildlife Service entitled ``Eradication Strategies for Nutria in the
Chesapeake and Delaware Bay Watersheds'', dated March 2002, and updated
March 2009.
    (d) Cost-sharing Requirement.--
            (1) Federal share.--The Federal share of the total cost of
        the program may not exceed 75 percent.
            (2) In-kind contributions.--The non-Federal share of the
        total cost of the program may be provided in the form of in-
        kind contributions of materials or services.
    (e) Limitation on Administrative Expenses.--Not more that 5 percent
of the financial assistance provided by the Secretary under the program
may be used for administrative expenses.

SEC. 5. REPORT.

    Not later than 180 days after the date of enactment of this Act,
the Secretary and the National Invasive Species Council shall--
            (1) for purposes of the program, give consideration to--
                    (A) the 2002 report for the Louisiana Department of
                Wildlife and Fisheries entitled ``Nutria in
                Louisiana''; and
                    (B) the March 2009 update of the document entitled
                ``Eradication Strategies for the Nutria in the
                Chesapeake and Delaware Bay Watersheds'' and dated
                March 2002;
            (2) continue, in cooperation with the State of Louisiana
        Department of Wildlife and Fisheries and the State of Maryland
        Department of Natural Resources, a long-term nutria control or
        eradication program, as appropriate, with the objective to
        significantly reduce and restore the damage nutria cause to
        coastal wetland in the States of Louisiana and Maryland; and
            (3) develop, in cooperation with the State of Delaware
        Department of Natural Resources and Environmental Control, the
        State of Virginia Department of Game and Inland Fisheries, the
        State of Oregon Department of Fish and Wildlife, and the State
        of Washington Department of Fish and Wildlife, long-term nutria
        control or eradication programs, as appropriate, with the
        objective to significantly reduce and restore the damage nutria
        cause to coastal wetland in the coastal States.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for each
of fiscal years 2010 through 2014--
            (1) $4,000,000 to provide financial assistance under the
        program to each of the States of Maryland and Louisiana; and
            (2) $1,000,000 to provide financial assistance under the
        program to each of the coastal States.

Summary: Nutria Eradication and Control Act of 2009 - Establishes a nutria eradication program under which the Secretary of the Interior may provide financial assistance on a cost-sharing basis to Maryland, Louisiana, and the coastal states to eradicate or control nutria and restore nutria-damaged wetland. Requires the Maryland program to consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds. Directs the Secretary and the National Invasive Species Council to: (1) give consideration to the report of the Louisiana Department of Wildlife and Fisheries entitled Nutria in Louisiana, and the updated version of the Eradication Strategies for the Nutria in the Chesapeake and Delaware Bay Watersheds document. (2) continue, in cooperation with the Louisiana Department of Wildlife and Fisheries and the Maryland Department of Natural Resources, a long-term nutria control or eradication program. And (3) develop, in cooperation with the Delaware Department of Natural Resources and Environmental Control, the Virginia Department of Game and Inland Fisheries, the Oregon Department of Fish and Wildlife, and the Washington Department of Fish and Wildlife, long-term nutria control or eradication programs. Authorizes specified FY2010-FY2014 appropriations for: (1) Maryland and Louisiana, and (2) the coastal states.

A bill to provide for the eradication and control of nutria in Maryland, Louisiana, and other coastal States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women's Health Protection Act of
2015''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Access to safe, legal abortion services is essential to
        women's health and central to women's ability to participate
        equally in the economic and social life of the United States.
            (2) Access to safe, legal abortion services has been
        hindered in the United States in various ways, including
        blockades of health care facilities and associated violence;
        restrictions on insurance coverage; restrictions on minors'
        ability to obtain services; and requirements and restrictions
        that single out abortion providers and those seeking their
        services, and which do not further women's health or the safety
        of abortion, but harm women by reducing the availability of
        services.
            (3) In the early 1990s, protests and blockades at health
        care facilities where abortions were performed, and associated
        violence, increased dramatically and reached crisis level,
        requiring Congressional action. Congress passed the Freedom of
        Access to Clinic Entrances Act (Public Law 103-259) to address
        that situation and ensure that women could physically access
        abortion services.
            (4) Since 2010, there has been an equally dramatic increase
        in the number of laws and regulations singling out abortion
        that threaten women's health and their ability to access safe
        abortion services by interfering with health care
        professionals' ability to provide such services. Congressional
        action is now necessary to put an end to these restrictions. In
        addition, there has been a dramatic increase in the passage of
        laws that blatantly violate the constitutional protections
        afforded women, such as bans on abortion prior to viability.
            (5) Legal abortion is one of the safest medical procedures
        in the United States. That safety is furthered by regulations
        that are based on science and are generally applicable to the
        medical profession or to medically comparable procedures.
            (6) Many State and local governments are imposing
        restrictions on the provision of abortion that are neither
        science-based nor generally applicable to the medical
        profession or to medically comparable procedures. Though
        described by their proponents as health and safety regulations,
        many of these abortion-specific restrictions do not advance the
        safety of abortion services and do nothing to protect women's
        health. Also, these restrictions interfere with women's
        personal and private medical decisions, make access to abortion
        more difficult and costly, and even make it impossible for some
        women to obtain those services.
            (7) These restrictions harm women's health by reducing
        access not only to abortion services but also to the other
        essential health care services offered by the providers
        targeted by the restrictions, including contraceptive services,
        which reduce unintended pregnancies and thus abortions, and
        screenings for cervical cancer and sexually transmitted
        infections. These harms fall especially heavily on low-income
        women, women of color, and women living in rural and other
        medically underserved areas.
            (8) The cumulative effect of these numerous restrictions
        has been widely varying access to abortion services such that a
        woman's ability to exercise her constitutional rights is
        dependent on the State in which she lives. Federal legislation
        putting a stop to harmful restrictions throughout the United
        States is necessary to ensure that women in all States have
        access to safe abortion services, an essential constitutional
        right repeatedly affirmed by the United States Supreme Court.
            (9) Congress has the authority to protect women's ability
        to access abortion services pursuant to its powers under the
        Commerce Clause and its powers under section 5 of the
        Fourteenth Amendment to the Constitution to enforce the
        provisions of section 1 of the Fourteenth Amendment.
    (b) Purpose.--It is the purpose of this Act to protect women's
health by ensuring that abortion services will continue to be available
and that abortion providers are not singled out for medically
unwarranted restrictions that harm women by preventing them from
accessing safe abortion services. It is not the purpose of this Act to
address all threats to access to abortion (for example, this Act does
not apply to clinic violence, restrictions on insurance or medical
assistance coverage of abortion, or requirements for parental consent
or notification before a minor may obtain an abortion) which Congress
should address through separate legislation as appropriate.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Abortion.--The term ``abortion'' means any medical
        treatment, including the prescription of medication, intended
        to cause the termination of a pregnancy except for the purpose
        of increasing the probability of a live birth, to remove an
        ectopic pregnancy, or to remove a dead fetus.
            (2) Abortion provider.--The term ``abortion provider''
        means a health care professional who performs abortions.
            (3) Government.--The term ``government'' includes a branch,
        department, agency, instrumentality, or individual acting under
        color of law of the United States, a State, or a subdivision of
        a State.
            (4) Health care professional.--The term ``health care
        professional'' means a licensed medical professional (including
        physicians, certified nurse-midwives, nurse practitioners, and
        physician assistants) who is competent to perform abortions
        based on clinical training.
            (5) Medically comparable procedures.--The term ``medically
        comparable procedures'' means medical procedures that are
        similar in terms of risk, complexity, duration, or the degree
        of sterile precaution that is indicated.
            (6) Pregnancy.--The term ``pregnancy'' refers to the period
        of the human reproductive process beginning with the
        implantation of a fertilized egg.
            (7) State.--The term ``State'' includes each of the 50
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, and each territory or possession of the United States.
            (8) Viability.--the term ``viability'' means the point in a
        pregnancy at which, in the good-faith medical judgment of the
        treating health care professional, based on the particular
        facts of the case before her or him, there is a reasonable
        likelihood of sustained fetal survival outside the uterus with
        or without artificial support.

SEC. 4. PROHIBITED MEASURES AND ACTIONS.

    (a) General Prohibitions.--The following limitations or
requirements are unlawful and shall not be imposed or applied by any
government because they single out the provision of abortion services
for restrictions that are more burdensome than those restrictions
imposed on medically comparable procedures, they do not significantly
advance women's health or the safety of abortion services, and they
make abortion services more difficult to access:
            (1) A requirement that a medical professional perform
        specific tests or medical procedures in connection with the
        provision of an abortion, unless generally required for the
        provision of medically comparable procedures.
            (2) A requirement that the same clinician who performs a
        patient's abortion also perform specified tests, services or
        procedures prior, or subsequent, to the abortion.
            (3) A limitation on an abortion provider's ability to
        prescribe or dispense drugs based on current evidence-based
        regimens or her or his good-faith medical judgment, other than
        a limitation generally applicable to the medical profession.
            (4) A limitation on an abortion provider's ability to
        provide abortion services via telemedicine, other than a
        limitation generally applicable to the provision of medical
        services via telemedicine.
            (5) A requirement or limitation concerning the physical
        plant, equipment, staffing, or hospital transfer arrangements
        of facilities where abortions are performed, or the credentials
        or hospital privileges or status of personnel at such
        facilities, that is not imposed on facilities or the personnel
        of facilities where medically comparable procedures are
        performed.
            (6) A requirement that, prior to obtaining an abortion, a
        patient make one or more medically unnecessary in-person visits
        to the provider of abortion services or to any individual or
        entity that does not provide abortion services.
            (7) A requirement or limitation that prohibits or restricts
        medical training for abortion procedures, other than a
        requirement or limitation generally applicable to medical
        training for medically comparable procedures.
    (b) Other Prohibited Measures or Actions.--
            (1) In general.--A measure or action directed at
        restricting the provision of abortion services or the
        facilities that provide abortion services that is similar to
        any of the prohibited limitations or requirements described in
        subsection (a) shall be unlawful if such measure or action
        singles out abortion services or makes abortion services more
        difficult to access and does not significantly advance women's
        health or the safety of abortion services.
            (2) Prima facie case.--To make a prima facie showing that a
        measure or action is unlawful under paragraph (1) a plaintiff
        shall demonstrate that the measure or action involved--
                    (A) singles out the provision of abortion services
                or facilities in which abortion services are performed;
                or
                    (B) impedes women's access to abortion services
                based on one or more of the factors described in
                paragraph (3).
            (3) Factors.--Factors for a court to consider in
        determining whether a measure or action impedes access to
        abortion services for purposes of paragraph (2)(B) include the
        following:
                    (A) Whether the measure or action interferes with
                an abortion provider's ability to provide care and
                render services in accordance with her or his good-
                faith medical judgment.
                    (B) Whether the measure or action is reasonably
                likely to delay some women in accessing abortion
                services.
                    (C) Whether the measure or action is reasonably
                likely to directly or indirectly increase the cost of
                providing abortion services or the cost for obtaining
                abortion services (including costs associated with
                travel, childcare, or time off work).
                    (D) Whether the measure or action requires, or is
                reasonably likely to have the effect of necessitating,
                a trip to the offices of the abortion provider that
                would not otherwise be required.
                    (E) Whether the measure or action is reasonably
                likely to result in a decrease in the availability of
                abortion services in the State.
                    (F) Whether the measure or action imposes criminal
                or civil penalties that are not imposed on other health
                care professionals for comparable conduct or failure to
                act or that are harsher than penalties imposed on other
                health care professionals for comparable conduct or
                failure to act.
                    (G) The cumulative impact of the measure or action
                combined with other new or existing requirements or
                restrictions.
            (4) Defense.--A measure or action shall be unlawful under
        this subsection upon making a prima facie case (as provided for
        under paragraph (2)), unless the defendant establishes, by
        clear and convincing evidence, that--
                    (A) the measure or action significantly advances
                the safety of abortion services or the health of women;
                and
                    (B) the safety of abortion services or the health
                of women cannot be advanced by a less restrictive
                alternative measure or action.
    (c) Other Prohibitions.--The following restrictions on the
performance of abortion are unlawful and shall not be imposed or
applied by any government:
            (1) A prohibition or ban on abortion prior to fetal
        viability.
            (2) A prohibition on abortion after fetal viability when,
        in the good-faith medical judgment of the treating physician,
        continuation of the pregnancy would pose a risk to the pregnant
        woman's life or health.
            (3) A restriction that limits a pregnant woman's ability to
        obtain an immediate abortion when a health care professional
        believes, based on her or his good-faith medical judgment, that
        delay would pose a risk to the woman's health.
            (4) A measure or action that prohibits or restricts a woman
        from obtaining an abortion prior to fetal viability based on
        her reasons or perceived reasons or that requires a woman to
        state her reasons before obtaining an abortion prior to fetal
        viability.
    (d) Limitation.--The provisions of this Act shall not apply to laws
regulating physical access to clinic entrances, requirements for
parental consent or notification before a minor may obtain an abortion,
insurance coverage or medical assistance of abortion, or the procedure
described in section 1531(b)(1) of title 18, United States Code.
    (e) Effective Date.--This Act shall apply to government
restrictions on the provision of abortion services, whether statutory
or otherwise, whether they are enacted or imposed prior to or after the
date of enactment of this Act.

SEC. 5. LIBERAL CONSTRUCTION.

    (a) Liberal Construction.--In interpreting the provisions of this
Act, a court shall liberally construe such provisions to effectuate the
purposes of the Act.
    (b) Rule of Construction.--Nothing in this Act shall be construed
to authorize any government to interfere with a woman's ability to
terminate her pregnancy, to diminish or in any way negatively affect a
woman's constitutional right to terminate her pregnancy, or to displace
any other remedy for violations of the constitutional right to
terminate a pregnancy.

SEC. 6. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may commence a civil
action for prospective injunctive relief on behalf of the United States
against any government official that is charged with implementing or
enforcing any restriction that is challenged as unlawful under this
Act.
    (b) Private Right of Action.--
            (1) In general.--Any individual or entity aggrieved by an
        alleged violation of this Act may commence a civil action for
        prospective injunctive relief against the government official
        that is charged with implementing or enforcing the restriction
        that is challenged as unlawful under this Act.
            (2) Facility or professional.--A health care facility or
        medical professional may commence an action for prospective
        injunctive relief on behalf of the facility's or professional's
        patients who are or may be adversely affected by an alleged
        violation of this Act.
    (c) Equitable Relief.--In any action under this section, the court
may award appropriate equitable relief, including temporary,
preliminary, or permanent injunctive relief.
    (d) Costs.--In any action under this section, the court shall award
costs of litigation, as well as reasonable attorney fees, to any
prevailing plaintiff. A plaintiff shall not be liable to a defendant
for costs in an action under this section.
    (e) Jurisdiction.--The district courts of the United States shall
have jurisdiction over proceedings commenced pursuant to this section
and shall exercise the same without regard to whether the party
aggrieved shall have exhausted any administrative or other remedies
that may be provided for by law.

SEC. 7. PREEMPTION.

    No State or subdivision thereof shall enact or enforce any law,
rule, regulation, standard, or other provision having the force and
effect of law that conflicts with any provision of this Act.

SEC. 8. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, or the application of such provision to all
other persons or circumstances, shall not be affected thereby.

Summary: Women's Health Protection Act of 2015 This bill prohibits any government from imposing on abortion services: a requirement that a medical professional perform specific tests or medical procedures. A requirement that the same clinician who performs a patient's abortion also perform additional tests, services or procedures. A limitation on an abortion provider's ability to prescribe or dispense drugs or provide services via telemedicine. A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at those facilities. A requirement that, prior to obtaining an abortion, a patient make medically unnecessary in-person visits to any individual or entity, a limitation on medical training for abortion procedures, a prohibition prior to fetal viability. A prohibition after fetal viability when continuation of the pregnancy would pose a risk to the woman's life or health. A restriction on a woman's ability to obtain an immediate abortion when a delay would pose a risk to the woman's health. Or a restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion. A measure or action that is similar to a requirement or limitation listed above is prohibited if it singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services.

Women's Health Protection Act of 2015


SECTION 1. FINDINGS.

    Congress finds as follows:
            (1) There is a lack of transparency and consistency
        concerning inspections by the Food and Drug Administration of
        medical device establishments around the world, which leads to
        inefficiencies and inconsistencies and undermines confidence in
        United States standards.
            (2) Inspections by the Food and Drug Administration of
        foreign device establishments are often conducted more
        efficiently than inspections of domestic device establishments.
            (3) The frequency and nature of inspections of device
        establishments are not consistently risk-based, and a
        comprehensive, transparent, risk-based approach to inspections
        would result in greater focus on the more significant risks to
        public health while reducing the burdens on establishments with
        a strong track record of compliance.
            (4) There is a lack of transparency and consistency among
        United States-based regional inspection offices with respect to
        the frequency of inspections of device establishments and the
        activities and concerns that trigger for-cause inspections of
        such establishments.
            (5) Greater transparency concerning the timing and nature
        of routine inspections of device establishments would improve
        the quality and efficiency of the inspection process.
            (6) Enhancing communications before, during, and after
        inspections in which deficiencies are identified, would assist
        the Secretary of Health and Human Services and the device
        industry in maintaining the safety and effectiveness of
        devices.
            (7) Guidance for device establishments is necessary to
        provide transparency and consistency concerning inspection-
        related communications.
            (8) Enhanced training opportunities for device
        establishment investigators would improve the consistency and
        efficiency of the device inspection process.
            (9) There is a lack of transparency in the export
        certification process with respect to device establishments for
        which FDA Form 483 has been used to document issues noticed
        during an inspection conducted pursuant to section 704 of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) or
        establishments that have received Warning Letters in connection
        with such an inspection, and between domestic and foreign
        establishments, resulting in devices that are lawfully marketed
        for United States patients being denied certification for
        marketing in other countries.
            (10) Device establishments that have attempted to address
        deficiencies identified by inspections carried out by the Food
        and Drug Administration lack sufficient opportunities to
        confirm that such corrective actions are appropriate.

SEC. 2. RISK-BASED INSPECTIONS FOR DEVICES.

    Paragraph (2) of section 510(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(h)) is amended to read as follows:
            ``(2) Risk-based schedule for devices.--
                    ``(A) In general.--The Secretary, acting through
                one or more officers or employees duly designated by
                the Secretary, shall inspect establishments described
                in paragraph (1) that are engaged in the manufacture,
                propagation, compounding, or processing of a device or
                devices (referred to in this subsection as `device
                establishments') in accordance with one risk-based
                inspection schedule established by the Secretary,
                applied consistently across regional offices.
                    ``(B) Factors and considerations.--In establishing
                the risk-based schedule under subparagraph (A), the
                Secretary shall--
                            ``(i) apply, to the extent applicable for
                        device establishments, the factors identified
                        in paragraph (4); and
                            ``(ii) consider the participation of the
                        device establishment, as applicable, in
                        international device audit programs in which
                        the United States participates or the United
                        States recognizes for purposes of
                        inspecting.''.

SEC. 3. IMPROVEMENTS TO INSPECTIONS PROCESS FOR DEVICE ESTABLISHMENTS.

    Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
374) is amended by adding at the end the following:
    ``(h)(1) The Secretary shall adopt a uniform process and uniform
standards applicable to inspections of domestic and foreign device
establishments. Such process shall include--
            ``(A) notifying the owner, operator, or agent in charge of
        the establishment of the type and nature of the inspection;
            ``(B) announcing the inspection the establishment within a
        reasonable time before such inspection;
            ``(C) in the case of inspections other than for-cause
        inspections, providing a reasonable estimate of the timeframe
        for the inspection, an opportunity for advance communications
        between the officers or employees carrying out the inspection
        under subsection (a)(1) and the owner, operator, or agent in
        charge of the establishment concerning appropriate working
        hours during the inspection, and, to the extent feasible,
        advance notice of records that will be requested in order to
        expedite the inspection; and
            ``(D) daily communications with the owner, operator, or
        agent in charge of the establishment regarding inspection
        status, which may be recorded by either party with advance
        notice.
    ``(2) In the case of device establishments that have received a
report pursuant to subsection (b), and for which the owner, operator,
or agent in charge of such establishment submits a timely response to
such report that includes a request for feedback to the actions
proposed in such response, the Secretary shall provide nonbinding
feedback regarding such proposed actions within 45 days of receipt of
such request.
    ``(3) Nothing in this subsection limits the authority of the
Secretary to conduct inspections otherwise permitted under this Act in
order to ensure compliance with this Act.
    ``(4)(A) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall issue draft guidance that--
            ``(i) specifies how the Food and Drug Administration will
        implement the process described in paragraph (1) and the
        requirements described in paragraph (2);
            ``(ii) provides for standardized templates for
        communications described in such paragraphs;
            ``(iii) establishes a standard timeframe over consecutive
        days that is applicable to both domestic and foreign
        inspections, to which each inspector shall adhere unless an
        investigator can identify to the establishment a reason that
        more time is needed; and
            ``(iv) identifies practices for investigators and device
        establishments to facilitate the continuity of inspections.
    ``(B) Not later than 18 months after the date of enactment of this
subsection, after notice and opportunity for public comment on the
draft guidance described in subparagraph (A), the Secretary shall issue
final guidance consistent with this subsection.''.

SEC. 4. CERTIFICATES TO FOREIGN GOVERNMENTS FOR DEVICES.

    Subsection (e)(4) of section 801 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(e)(4)) is amended--
            (1) by adding at the end the following:
    ``(E)(i) If the Secretary denies a request for certification with
respect to a device pursuant to subparagraph (A)(ii), the Secretary
shall provide in writing to the person seeking such certification the
basis for such denial, and specifically identify the finding upon which
such denial is based.
    ``(ii) If the denial of a request as described in clause (i) is
based on grounds other than an injunction proceeding pursuant to
section 302, seizure action pursuant to section 304, or a recall
designated Class I or Class II pursuant to part 7, title 21, Code of
Federal Regulations, the Secretary shall provide a substantive summary
of the specific deficiencies identified.
    ``(iii) With respect to a device manufactured in an establishment
that has received a report under section 704(b), the Secretary shall
not deny a request for certification with respect to a device pursuant
to subparagraph (A)(ii) if the Secretary and the owner, operator, or
agent in charge of such establishment have agreed to a plan of
correction in response to such report.
    ``(F)(i) The Secretary shall provide a process for a person who is
denied a certification as described in subparagraph (E)(i) to request a
review that conforms to the standards of section 517A(b).
    ``(ii) Notwithstanding any previous review conducted pursuant to
clause (i), a person who has been denied a certification as described
in subparagraph (E)(i) may at any time request a review in order to
present new information relating to actions taken by such person to
address the reasons identified by the Secretary for the denial of
certification, including corrective actions to address deficiencies
identified by the Secretary.
    ``(iii) Not later than 1 year after date of enactment of this
subparagraph, the Secretary shall issue guidance providing for a
process to carry out this subparagraph.
    ``(G)(i) Subparagraphs (E) and (F) apply to requests for
certification on behalf of any device establishment registered under
section 510, whether the establishment is located in the United States
or another country.
    ``(ii) The Secretary may charge a fee for the issuance of a
certification described in clause (i), and such fee is subject to the
conditions and requirements of subparagraph (B).''; and
            (2) by moving the margins of subparagraphs (C) and (D) 4
        ems to the left.

Summary: This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions regarding Food and Drug Administration (FDA): (1) inspections of establishments that manufacture or process medical devices, and (2) certification of medical devices for export. The biannual inspection schedule for medical device establishments handling higher risk devices is replaced with a risk-based schedule. In establishing the risk-based schedule, the FDA must consider an establishment's participation in international medical device audit programs. The FDA must adopt a uniform process and uniform standards for inspections of domestic and foreign medical device establishments. Upon request, the FDA must provide to the person in charge of a medical device establishment feedback regarding the person's proposals to address issues identified during an inspection. The FDA must provide the basis for denying requests for certification of products for export as meeting FDA requirements for domestic products. A person denied such a certification may request supervisory review of that decision. Products from a medical device establishment that an inspector found to be contaminated or insanitary may be certified for export if the person in charge of the establishment has agreed to a plan to correct the issues identified during the inspection.

A bill to amend the Federal Food, Drug, and Cosmetic Act to improve the process for inspections of device establishments for granting export certifications.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Exclusion and Asylum Reform
Amendments of 1993''.

SEC. 2. ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents and Failure To Present
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting in
        lieu thereof the following:
                    ``(C) Fraud, misrepresentation, and failure to
                present documents'';
            (2) by adding at the end the following new clause:
                            ``(iii) Fraudulent documents and failure to
                        present documents.--
                                    ``(I) Any alien who, in seeking
                                entry to the United States or boarding
                                a common carrier for the purpose of
                                coming to the United States, presents
                                any document which, in the
                                determination of the immigration
                                officer, is forged, counterfeit,
                                altered, falsely made, stolen, or
                                inapplicable to the alien presenting
                                the document, or otherwise contains a
                                misrepresentation of a material fact,
                                is excludable.
                                    ``(II) Any alien who, in boarding a
                                common carrier for the purpose of
                                coming to the United States, presents a
                                document that relates or purports to
                                relate to the alien's eligibility to
                                enter the United States, and fails to
                                present such document to an immigration
                                officer upon arrival at a port of entry
                                into the United States, is
                                excludable.''.
    (b) Availability of Asylum and Other Discretionary Relief.--
            (1) Section 208 of the Immigration and Nationality Act (8
        U.S.C. 1158) is amended by adding at the end the following new
        subsection:
    ``(e)(1) Application of Fraud Exclusion.--Notwithstanding
subsection (a) and except as provided in paragraph (2), any alien who
is excludable under section 212(a)(6)(C)(iii) or section
212(a)(7)(A)(i) may not apply for or be granted asylum.
    ``(2) Exception.--The limitation under paragraph (1) shall not
apply if the action upon which the exclusion is based was pursuant to
direct departure from a country in which (A) the alien has a credible
fear of persecution, or (B) there is a significant danger that the
alien would be returned to a country in which the alien would have a
credible fear of persecution.
    ``(3) Definition.--As used in this subsection, the term `credible
fear of persecution' means (A) that it is more probable than not that
the statements made by the alien in support of his or her claim are
true, and (B) that there is a significant possibility, in light of such
statements and of such other facts as are known to the officer about
country conditions, that the alien could establish eligibility as a
refugee within the meaning of section 101(a)(42)(A).''.
            (2) Section 212(c) of the Immigration and Nationality Act
        (8 U.S.C. 1182(c)) is amended in the third sentence by
        inserting before the period ``or to any alien who is excludable
        pursuant to section 212(a)(6)(C)(iii)''.

SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    Section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)) is amended to read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines
        that an alien seeking entry--
                    ``(i)(I) is excludable under section
                212(a)(6)(C)(iii), or
                    ``(II) is excludable under section 212(a)(7)(A)(i),
                    ``(ii) does not have any reasonable basis for legal
                entry into the United States, and
                    ``(iii) does not indicate an intention to apply for
                asylum under section 208,
        the alien shall be specially excluded from entry into the
        United States without a hearing.
            ``(B) The examining immigration officer shall refer to an
        immigration officer, specially trained to conduct interviews
        and make determinations bearing on eligibility for asylum, any
        alien who is (i) excludable under section 212(a)(6)(C)(iii) or
        section 212(a)(7)(A) (i) and (ii) who has indicated an
        intention to apply for asylum. Such an alien shall not be
        considered to have entered the United States for purposes of
        this Act.
            ``(C) An alien under subparagraph (B) who is determined by
        an immigration officer, specially trained to conduct interviews
        and make determinations bearing on eligibility for asylum, to
        be excludable and ineligible for the exception under section
        208(e)(2), shall be specially excluded and deported from the
        United States without further hearing.
            ``(3)(A) Except as provided in subparagraph (B), if the
        examining immigration officer determines that an alien seeking
        entry is not clearly and beyond a doubt entitled to enter, the
        alien shall be detained for a hearing before an immigration
        judge.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or
                (2)(C), or
                    ``(iii) if the conditions described in section
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if
        favorable to the admission of any alien, shall be subject to
        challenge by any other immigration officer and such challenge
        shall operate to take the alien, whose privilege to enter is so
        challenged, before an immigration judge for a hearing on
        exclusion of the alien.
            ``(5) The Attorney General shall establish procedures that
        ensure that aliens are not specially excluded under paragraph
        (2)(A) without an inquiry into their reasons for seeking entry
        into the United States.
            ``(6)(A) Subject to subparagraph (B), an alien has not
        entered the United States for purposes of this Act unless and
        until such alien has been inspected and admitted by an
        immigration officer pursuant to this subsection.
            ``(B) An alien who (i) is physically present in the United
        States, (ii) has been physically present in the United States
        for a continuous period of one year, and (iii) has not been
        inspected and admitted by an immigration officer may be said to
        have entered the United States without inspection. Such an
        alien is subject to deportation pursuant to section
        241(a)(1)(B).''.

SEC. 4. JUDICIAL REVIEW.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
(as amended by section 3) is amended by adding after subsection (c) the
following new subsections:
    ``(d) Habeas Corpus Review.--Notwithstanding any other provision of
law, no court shall have jurisdiction to review, except by petition for
habeas corpus, any determination made with respect to an alien found
excludable pursuant to section 212(a)(6)(C)(iii) or section
212(a)(7)(A)(i). In any such case, review by habeas corpus shall be
limited to examination of whether the petitioner (1) is an alien, and
(2) was ordered excluded from the United States pursuant to section
235(b)(2).
    ``(e) Other Limits on Judicial Review and Action.--Notwithstanding
any other provision of law, no court shall have jurisdiction (1) to
review the procedures established by the Attorney General for the
determination of exclusion pursuant to section 212(a)(6)(C)(iii) or
section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive
relief with respect to the implementation of subsection (b)(2).
Regardless of the nature of the suit or claim, no court shall have
jurisdiction except by habeas corpus petition as provided in subsection
(d) to consider the validity of any adjudication or determination of
special exclusion or to provide declaratory or injunctive relief with
respect to the special exclusion of any alien.
    ``(f) Collateral Enforcement Proceedings.--In any action brought
for the assessment of penalties for improper entry or re-entry of an
alien under section 275 or 276, no court shall have jurisdiction to
hear claims collaterally attacking the validity of orders of exclusion,
special exclusion, or deportation entered under sections 235, 236, and
242.''.

SEC. 5. CONFORMING AMENDMENTS.

    Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking out
        ``Deportation'' and inserting in lieu thereof ``Subject to
        section 235(b)(2), deportation''; and
            (2) in the first sentence of paragraph (2) by striking out
        ``If'' and inserting in lieu thereof ``Subject to section
        235(b)(2), if''.

SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)) is amended by striking ``five years'' and inserting ``ten
years''.

SEC. 7. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall
take effect on the date of the enactment of this Act and shall apply to
aliens who arrive in or seek admission to the United States on or after
such date.

Summary: Exclusion and Asylum Reform Amendments of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose. Or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a US port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution. Or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal for such admission document fraud. Increases penalties for certain alien smuggling offenses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Stem Cell Research Act
of 2001''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Past investments in biomedical research have resulted
        in better health, an improved quality of life for all
        Americans, and a reduction in national health care
        expenditures.
            (2) The Nation's commitment to biomedical research has
        expanded the base of scientific knowledge about health and
        disease and revolutionized the practice of medicine.
            (3) Research sponsored by the National Institutes of Health
        is responsible for the identification of genetic mutations
        relating to nearly 100 diseases, including Alzheimer's disease,
        cystic fibrosis, Huntington's disease, osteoporosis, many forms
        of cancer, and immune deficiency disorders.
            (4) Many Americans still face serious and life-threatening
        health problems, both acute and chronic.
            (5) Neurodegenerative diseases of the elderly, such as
        Alzheimer's and Parkinson's disease, threaten to destroy the
        lives of millions of Americans.
            (6) Cancer remains a comprehensive threat to any tissue or
        organ of the body at any age, and remains a leading cause of
        morbidity and mortality.
            (7) The extent of psychiatric and neurological diseases
        poses considerable challenges in understanding the workings of
        the brain and nervous system.
            (8) Diabetes, both insulin and noninsulin forms, afflicts
        16 million Americans and places them at risk for acute and
        chronic complications, including blindness, kidney failure,
        atherosclerosis, and nerve degeneration.
            (9) Recent scientific developments show that human stem
        cell research based on ethically responsible stem cell sources
        may lead to exponential improvements in the treatment of many
        terminal and debilitating conditions, from cancer to
        Parkinson's to Alzheimer's to diabetes to heart disease.
            (10) To take full advantage of the tremendous potential for
        finding a cure or effective treatment for many debilitating
        diseases, the Federal investment in ethical stem cell research
        must be expanded.

SEC. 3. NATIONAL STEM CELL DONOR BANK.

    (a) In General.--The Secretary of Health and Human Services shall
by contract establish and maintain a National Stem Cell Donor Bank (in
this section referred to as the ``Donor Bank''). The purpose of the
Donor Bank shall be to seek and preserve donations of qualifying human
stem cells and to make such donated cells available for biomedical
research and for therapeutic purposes.
    (b) Qualifying Human Stem Cells.--For purposes of this Act, the
term ``qualifying human stem cells'' means human stem cells obtained
from human placentas, umbilical cord blood, organs or tissues of a
living or deceased human being who has been born, or organs or tissues
of unborn human offspring who died of natural causes (such as
spontaneous abortion).
    (c) Administration of Donor Bank.--The Donor Bank shall be under
the general supervision of the Secretary, and under the direction of a
board of directors meeting such criteria as the Secretary may
establish.
    (d) Patient Registry.--The Donor Bank shall with respect to
qualifying human stem cells--
            (1) operate a registry of patients who are transplant
        candidates;
            (2) establish a system for finding donors who are unrelated
        to the candidate patients and are suitably matched to the
        patients; and
            (3) carry out informational and educational activities.
    (e) Criteria.--The Secretary shall establish criteria for the Donor
Bank and other entities that participate in the program under this
section, including--
            (1) quality standards and standards for tissue typing and
        obtaining the informed consent of donors, or the parents or
        legal representatives of donors as appropriate;
            (2) donor selection criteria, based on established medical
        criteria, to protect both donors and transplant recipients and
        to prevent the transmission of potentially harmful infectious
        diseases;
            (3) procedures to ensure the proper collection and
        transportation of qualifying human stem cells; and
            (4) standards that--
                    (A) require the establishment of a system of strict
                confidentiality of records relating to the identity and
                address of and medical information on patients and
                donors; and
                    (B) prescribe the purposes for which the records
                described in subparagraph (A) may be disclosed, and the
                circumstances and extent of the disclosure.
    (f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2002 through 2006.

SEC. 4. USE OF QUALIFYING HUMAN STEM CELLS IN RESEARCH CONDUCTED OR
              SUPPORTED BY NATIONAL INSTITUTES OF HEALTH.

    (a) In General.--The Secretary, acting through the Director of the
National Institutes of Health, may conduct and support research that
uses qualifying human stem cells.
    (b) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there are authorized to be appropriated $30,000,000
for fiscal year 2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``qualifying human stem cells'' has the
        meaning given such term in section 3.
            (2) The term ``Secretary'' means the Secretary of Health
        and Human Services.

Summary: Responsible Stem Cell Research Act of 2001- Directs the Secretary of Health and Human Services to establish by contract a National Stem Cell Donor Bank to preserve qualifying human stem cells and make such cells available for biomedical research and therapeutic purposes. Authorizes the Secretary, through the National Institutes of Health, to conduct and support human stem cell research.

To provide for a National Stem Cell Donor Bank regarding qualifying human stem cells, and for the conduct and support of research using such cells.


SECTION 1. PERMANENT LOAN GUARANTEE FEE WAIVERS FOR VETERANS.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
            (1) in paragraph (14)(B)(ii), by adding at the end the
        following:
                                    ``(III) Guarantee fee waiver for
                                veterans.--
                                            ``(aa) Definition.--In this
                                        subclause, the term `veteran or
                                        spouse of a veteran' has the
                                        meaning given the term in
                                        paragraph (31)(G)(iii).
                                            ``(bb) Guarantee fee
                                        waiver.--The Administrator may
                                        not collect a guarantee fee
                                        described in paragraph (18) in
                                        connection with a loan of not
                                        more than $150,000 made under
                                        this paragraph to a veteran or
                                        spouse of a veteran on or after
                                        October 1 of the first fiscal
                                        year beginning after the date
                                        of enactment of this subclause.
                                            ``(cc) Exception.--If the
                                        President's budget for the
                                        upcoming fiscal year, submitted
                                        to Congress pursuant to section
                                        1105(a) of title 31, United
                                        States Code, includes a cost
                                        for the program established
                                        under this subsection that is
                                        above zero, the requirements of
                                        item (bb) shall not apply to
                                        loans made during such upcoming
                                        fiscal year.'';
            (2) in paragraph (16), by adding at the end the following:
                    ``(G) Guarantee fee waiver for veterans.--
                            ``(i) Definition.--In this subparagraph,
                        the term `veteran or spouse of a veteran' has
                        the meaning given the term in paragraph
                        (31)(G)(iii).
                            ``(ii) Guarantee fee waiver.--The
                        Administrator may not collect a guarantee fee
                        described in paragraph (18) in connection with
                        a loan of not more than $150,000 made under
                        this paragraph to a veteran or spouse of a
                        veteran on or after October 1 of the first
                        fiscal year beginning after the date of
                        enactment of this subparagraph.
                            ``(iii) Exception.--If the President's
                        budget for the upcoming fiscal year, submitted
                        to Congress pursuant to section 1105(a) of
                        title 31, United States Code, includes a cost
                        for the program established under this
                        subsection that is above zero, the requirements
                        of clause (ii) shall not apply to loans made
                        during such upcoming fiscal year.''; and
            (3) in paragraph (34), by adding at the end the following:
                    ``(D) Guarantee fee waiver for veterans.--
                            ``(i) Definition.--In this subparagraph,
                        the term `veteran or spouse of a veteran' has
                        the meaning given the term in paragraph
                        (31)(G)(iii).
                            ``(ii) Guarantee fee waiver.--The
                        Administrator may not collect a guarantee fee
                        described in paragraph (18) in connection with
                        an express loan of not more than $150,000 made
                        under this paragraph to a veteran or spouse of
                        a veteran on or after October 1 of the first
                        fiscal year beginning after the date of
                        enactment of this subparagraph.
                            ``(iii) Exception.--If the President's
                        budget for the upcoming fiscal year, submitted
                        to Congress pursuant to section 1105(a) of
                        title 31, United States Code, includes a cost
                        for the program established under this
                        subsection that is above zero, the requirements
                        of clause (ii) shall not apply to express loans
                        made during such upcoming fiscal year.''.

Summary: This bill amends the Small Business Act to prohibit the Small Business Administration (SBA) from assessing a guarantee fee in connection with a loan of not more than $150,000 made to a veteran or spouse of a veteran beginning the first fiscal year after enactment of this bill under the SBA's Export Working Capital, International Trade, or Export Express programs. If the President's budget for the upcoming fiscal year includes a cost for such a program that is above zero, this prohibition shall not apply to loans made during such upcoming fiscal year.

To amend the Small Business Act to waive the guarantee fee for loans of not more than $150,000 provided to veterans and spouses of veterans under the Export Working Capital, International Trade, and Export Express programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Strategic and Critical
Minerals Production Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The industrialization of China and India has driven
        demand for nonfuel mineral commodities, sparking a period of
        resource nationalism exemplified by China's reduction in
        exports of rare-earth elements necessary for
        telecommunications, military technologies, healthcare
        technologies, and conventional and renewable energy
        technologies.
            (2) The availability of minerals and mineral materials are
        essential for economic growth, national security, technological
        innovation, and the manufacturing and agricultural supply
        chain.
            (3) The exploration, production, processing, use, and
        recycling of minerals contribute significantly to the economic
        well-being, security and general welfare of the Nation.
            (4) The United States has vast mineral resources, but is
        becoming increasingly dependent upon foreign sources of these
        mineral materials, as demonstrated by the following:
                    (A) Twenty-five years ago the United States was
                dependent on foreign sources for 30 nonfuel mineral
                materials, 6 of which the United States imported 100
                percent of the Nation's requirements, and for another
                16 commodities the United States imported more than 60
                percent of the Nation's needs.
                    (B) By 2011 the United States import dependence for
                nonfuel mineral materials had more than doubled from 30
                to 67 commodities, 19 of which the United States
                imported 100 percent of the Nation's requirements, and
                for another 24 commodities, imported more than 50
                percent of the Nation's needs.
                    (C) The United States share of world wide mineral
                exploration dollars was 8 percent in 2011, down from 19
                percent in the early 1990s.
                    (D) In the 2012 Ranking of Countries for Mining
                Investment, out of 25 major mining countries, the
                United States ranked last with Papua New Guinea in
                permitting delays, and towards the bottom regarding
                government take and social issues affecting mining.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Strategic and critical minerals.--The term ``strategic
        and critical minerals'' means minerals that are necessary--
                    (A) for national defense and national security
                requirements;
                    (B) for the Nation's energy infrastructure,
                including pipelines, refining capacity, electrical
                power generation and transmission, and renewable energy
                production;
                    (C) to support domestic manufacturing, agriculture,
                housing, telecommunications, healthcare, and
                transportation infrastructure; and
                    (D) for the Nation's economic security and balance
                of trade.
            (2) Agency.--The term ``agency'' means any agency,
        department, or other unit of Federal, State, local, or tribal
        government, or Alaska Native Corporation.
            (3) Mineral exploration or mine permit.--The term ``mineral
        exploration or mine permit'' includes plans of operation issued
        by the Bureau of Land Management and the Forest Service
        pursuant to 43 CFR 3809 and 36 CFR 228A respectively.

  TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
                                MINERALS

SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.

    Domestic mines that will provide strategic and critical minerals
shall be considered an ``infrastructure project'' as described in
Presidential Order ``Improving Performance of Federal Permitting and
Review of Infrastructure Projects'' dated March 22, 2012.

SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.

    (a) In General.--The lead agency with responsibility for issuing a
mineral exploration or mine permit shall appoint a project lead who
shall coordinate and consult with other agencies, cooperating agencies,
project proponents and contractors to ensure that agencies minimize
delays, set and adhere to timelines and schedules for completion of
reviews, set clear permitting goals and track progress against those
goals.
    (b) The lead agency with responsibility for issuing a mineral
exploration or mine permit shall determine any such action would not
constitute a major Federal action significantly affecting the quality
of the human environment within the meaning of the National
Environmental Policy Act of 1969 if the procedural and substantive
safeguards of the lead agency's permitting process alone, any
applicable State permitting process alone, or a combination of the two
processes together provide an adequate mechanism to ensure that
environmental factors are taken into account.
    (c) The lead agency with responsibility for issuing a mineral
exploration or mine permit shall enhance government coordination on
permitting and review by avoiding duplicative reviews, minimizing
paperwork and engaging other agencies and stakeholders early in the
process. The lead agency shall consider the following best practices:
            (1) Deferring to and relying upon baseline data, analysis
        and reviews preformed by State agencies with jurisdiction over
        the proposed project.
            (2) Conducting reviews concurrently rather than
        sequentially to the extent practicable and when such concurrent
        review will expedite rather than delay a decision.
    (d) At the request of a project proponent, the project lead of the
agency with responsibility for issuing a mineral exploration or mine
permit shall enter into an agreement with the project proponent and
other cooperating agencies that sets time limits for each part of the
permit review process including the following:
            (1) The decision on whether to prepare a document required
        under the National Environmental Policy Act of 1969.
            (2) A determination of the scope of any document required
        under the National Environmental Policy Act of 1969.
            (3) The scope of and schedule for the baseline studies
        required to prepare a document required under the National
        Environmental Policy Act of 1969.
            (4) Preparation of any draft document required under the
        National Environmental Policy Act of 1969.
            (5) Preparation of a final document required under the
        National Environmental Policy Act of 1969.
            (6) Consultations required under applicable laws.
            (7) Submission and review of any comments required under
        applicable law.
            (8) Publication of any public notices required under
        applicable law.
            (9) A final or any interim decisions.
    (e) In no case should the total review process described in
subsection (d) exceed 30 months unless agreed to by the signatories of
the agreement.
    (f) The lead agency is not required to address agency or public
comments that were not submitted during the public comment periods
provided by the lead agency or otherwise required by law.
    (g) The lead agency will determine the amount of financial
assurance for reclamation of a mineral exploration or mining site,
which must cover the estimated cost if the lead agency were to contract
with a third party to reclaim the operations according to the
reclamation plan, including construction and maintenance costs for any
treatment facilities necessary to meet Federal, State or tribal
environmental standards.
    (h) This section shall apply with respect to a mineral exploration
or mine permit for which an application was submitted before the date
of the enactment of this Act if the applicant for the permit submits a
written request to the lead agency for the permit. The lead agency
shall begin implementing this section with respect to such application
within 30 days after receiving such written request.
    (i) With respect to strategic and critical materials within a
federally administered unit of the National Forest System, the lead
agency shall--
            (1) exempt all areas of identified mineral resources in
        Land Use Designations, other than Non-Development Land Use
        Designations, in existence as of the date of the enactment of
        this Act from the procedures detailed at and all rules
        promulgated under part 294 of title 36, Code for Federal
        Regulations;
            (2) apply such exemption to all additional routes and areas
        that the lead agency finds necessary to facilitate the
        construction, operation, maintenance, and restoration of the
        areas of identified mineral resources described in paragraph
        (1); and
            (3) continue to apply such exemptions after approval of the
        Minerals Plan of Operations for the unit of the National Forest
        System.

SEC. 103. CONSERVATION OF THE RESOURCE.

    In developing the mineral exploration or mine permit, the priority
of the lead agency shall be to maximize the development of the mineral
resource, while mitigating environmental impacts, so that more of the
mineral resource can be brought to the market place.

SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
              PROJECTS.

    (a) Preparation of Federal Notices for Mineral Exploration and Mine
Development Projects.--The preparation of Federal Register notices
required by law associated with the issuance of a mineral exploration
or mine permit shall be delegated to the organization level within the
agency responsible for issuing the mineral exploration or mine permit.
All Federal Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake an action
shall be originated and transmitted to the Federal Register from the
office where documents are held, meetings are held, or the activity is
initiated.
    (b) Departmental Review of Federal Register Notices for Mineral
Exploration and Mining Projects.--Absent any extraordinary circumstance
or except as otherwise required by any Act of Congress, each Federal
Register notice described in subsection (a) shall undergo any required
reviews within the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal Register
no later than 30 days after its initial preparation.

TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
                              MINE PERMITS

SEC. 201. DEFINITIONS FOR TITLE.

    In this title the term ``covered civil action'' means a civil
action containing a claim under section 702 of title 5, United States
Code, regarding agency action affecting a mineral exploration or mine
permit.

SEC. 202. TIMELY FILINGS.

    A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.

SEC. 203. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.

SEC. 204. LIMITATION ON PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.

SEC. 205. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.

            Passed the House of Representatives July 12, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: National Strategic and Critical Minerals Production Act of 2012 - Title I: Development of Domestic Sources Of Strategic and Critical Minerals - Deems a domestic mine that will provide strategic and critical minerals to be an infrastructure project as described in Presidential Order Improving Performance of Federal Permitting and Review of Infrastructure Projects dated March 22, 2012. Sets forth the responsibilities of the lead agency with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement. Requires the lead agency to determine that any such action would not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account. Requires the lead agency's project lead, at a project proponent's request, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process. Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request. Requires the lead agency, with respect to strategic and critical materials within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations. (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources. And (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit. Declares the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place. Prescribes the Federal Register notice process for mineral exploration and mining projects. Title II: Judicial Review Of Agency Actions Relating To Exploration And Mine Permits - Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates. Requires the court to hear and determine any covered civil action as expeditiously as possible. Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation. Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff. Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses.

To require the Secretary of the Interior and the Secretary of Agriculture to more efficiently develop domestic sources of the minerals and mineral materials of strategic and critical importance to United States economic and national security and manufacturing competitiveness.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telemarketer Identification Act of
2001''.

SEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION
              SERVICES.

    (a) In General.--Section 227 of the Communications Act of 1934 (47
U.S.C. 227) is amended--
            (1) by redesignating subsections (e) and (f) as subsections
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following new
        subsection (e):
    ``(e) Prohibition on Interference With Caller Identification
Services.--
            ``(1) In general.--It shall be unlawful for any person or
        entity within the United States, in making any commercial
        telephone solicitation, to interfere with or circumvent the
        ability of a caller identification service to access or provide
        to the recipient of the call the information about the call (as
        required under the regulations issued under paragraph (2)) that
        such service is capable of providing.
            ``(2) Regulations.--Not later than 18 months after the date
        of the enactment of the Telemarketer Identification Act of
        2001, the Commission shall prescribe regulations to implement
        this subsection. The regulations shall--
                    ``(A) require any person or entity making a
                commercial telephone solicitation to make such
                solicitation in a manner such that a recipient of such
                solicitation having a caller identification service
                capable of providing such information will be provided
                by such service with--
                            ``(i) the name of the person or entity on
                        whose behalf such solicitation is being made,
                        or the name of the person or entity making the
                        solicitation; and
                            ``(ii) a valid and working telephone number
                        at which the person or entity making such
                        solicitation or the person or entity on whose
                        behalf such solicitation was made may be
                        reached during regular business hours for the
                        purpose of requesting that the recipient of
                        such solicitation be placed on the do-not-call
                        list required under section 64.1200 of the
                        Commission's regulations (47 C.F.R. 64.1200) to
                        be maintained by the person making such
                        solicitation; and
                    ``(B) provide that any person or entity who
                receives a request from a person to be placed on such
                do-not-call list may not use such person's name and
                telephone number for any other telemarketing purpose
                (including transfer or sale to any other entity for
                telemarketing use) other than enforcement of such list.
            ``(3) Private right of action.--A person or entity may, if
        otherwise permitted by the laws or rules of court of a State,
        bring in an appropriate court of that State--
                    ``(A) an action based on a violation of this
                subsection or the regulations prescribed under this
                subsection to enjoin such violation;
                    ``(B) an action to recover for actual monetary loss
                from such a violation, or to receive $500 in damages
                for each such violation, whichever is greater; or
                    ``(C) both such actions.
        If the court finds that the defendant willfully or knowingly
        violated this subsection or the regulations prescribed under
        this subsection, the court may, in its discretion, increase the
        amount of the award to an amount equal to not more than 3 times
        the amount available under subparagraph (B).
            ``(4) Definitions.--In this subsection:
                    ``(A) Caller identification service.--The term
                `caller identification service' means any service or
                device designed to provide the user of the service or
                device with the telephone number of an incoming
                telephone call.
                    ``(B) Telephone call.--The term `telephone call'
                means any telephone call or other transmission which is
                made to or received at a telephone number of any type
of telephone service. Such term includes calls made by an automatic
telephone dialing system, an integrated services digital network, and a
commercial mobile radio source.''.
    (b) Delayed Effective Date.--
            (1) In general.--The regulations prescribed by the Federal
        Communications Commission under subsection (e) of section 227
        of the Communications Act of 1934, as added by subsection (a),
        shall take effect on the date that is two years after the date
        of the enactment of this Act.
            (2) Additional delay for good cause shown.--The Commission
        may grant a wavier from compliance with the regulations
        referred to in paragraph (1) for a period of not more than 24
        months upon application (made at such time, in such form, and
        containing such information as the Commission may require), and
        after notice to the public and an opportunity for comment, to
        any person who demonstrates to the satisfaction of the
        Commission that--
                    (A) it will comply with the regulations before the
                expiration of the period of time for which the waiver
                is requested;
                    (B) without the requested waiver, timely compliance
                with the regulations would be technically infeasible
                because of technical problems associated with the
                telecommunications equipment used by the applicant; and
                    (C) replacement or upgrading of the
                telecommunications equipment used by the applicant in
                order to comply with the regulations in a timely manner
                without the waiver--
                            (i) would impose an unduly onerous
                        financial burden on the applicant;
                            (ii) is not feasible because the equipment,
                        software, or technical assistance necessary for
                        the replacement or upgrade is not available; or
                            (iii) cannot be completed before the
                        effective date of the regulations.

SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.

    (a) Effect on State Law.--Subsection (f)(1) of section 227 of the
Communications Act of 1934 (47 U.S.C. 227), as redesignated by section
2 of this Act, is further amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by striking the period and
        inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) interfering with or circumventing caller
                identification services.''.
    (b) Actions by States.--The first sentence of subsection (g)(1) of
such section 227, as so redesignated, is further amended by inserting
after ``this section,'' the following: ``or has engaged or is engaging
in a pattern or practice of interfering with or circumventing caller
identification services of residents of that State in violation of
subsection (e) or the regulations prescribed under such subsection,''.

Summary: Telemarketer Identification Act of 2001 - Amends the Communications Act of 1934 to make it unlawful for any person or entity making a commercial telephone solicitation to interfere with or circumvent a caller identification service. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition. Authorizes the FCC to grant a temporary waiver from compliance for good cause shown .

A bill to amend the Communications Act of 1934 to prohibit telemarketers from interfering with the caller identification service of any person to whom a telephone solicitation is made, and for other purposes.