SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Foreign Aid Transparency and
Accountability Act of 2016''.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Appropriate congressional committees.--The term
    ``appropriate congressional committees'' means--
            (A) the Committee on Foreign Relations of the Senate;
            (B) the Committee on Appropriations of the Senate;
            (C) the Committee on Foreign Affairs of the House of
        Representatives; and
            (D) the Committee on Appropriations of the House of
        Representatives.
        (2) Evaluation.--The term ``evaluation'' means, with respect to
    a covered United States foreign assistance program, the systematic
    collection and analysis of information about the characteristics
    and outcomes of the program, including projects conducted under
    such program, as a basis for--
            (A) making judgments and evaluations regarding the program;
            (B) improving program effectiveness; and
            (C) informing decisions about current and future
        programming.
        (3) Covered united states foreign assistance.--The term
    ``covered United States foreign assistance'' means assistance
    authorized under--
            (A) part I of the Foreign Assistance Act of 1961 (22 U.S.C.
        2151 et seq.), except for--
                (i) title IV of chapter 2 of such part (relating to the
            Overseas Private Investment Corporation); and
                (ii) chapter 3 of such part (relating to International
            Organizations and Programs);
            (B) chapter 4 of part II of the Foreign Assistance Act of
        1961 (22 U.S.C. 2346 et seq.; relating to Economic Support
        Fund);
            (C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et
        seq.); and
            (D) the Food for Peace Act (7 U.S.C. 1721 et seq.).
SEC. 3. GUIDELINES FOR COVERED UNITED STATES FOREIGN ASSISTANCE
PROGRAMS.
    (a) Purposes.--The purposes of this section are to--
        (1) evaluate the performance of covered United States foreign
    assistance and its contribution to the policies, strategies,
    projects, program goals, and priorities undertaken by the Federal
    Government;
        (2) support and promote innovative programs to improve
    effectiveness; and
        (3) coordinate the monitoring and evaluation processes of
    Federal departments and agencies that administer covered United
    States foreign assistance.
    (b) Establishment of Guidelines.--Not later than 18 months after
the date of the enactment of this Act, the President shall set forth
guidelines, according to best practices of monitoring and evaluation
studies and analyses, for the establishment of measurable goals,
performance metrics, and monitoring and evaluation plans that can be
applied with reasonable consistency to covered United States foreign
assistance.
    (c) Objectives of Guidelines.--
        (1) In general.--The guidelines established pursuant to
    subsection (b) shall provide direction to Federal departments and
    agencies that administer covered United States foreign assistance
    on--
            (A) monitoring the use of resources;
            (B) evaluating the outcomes and impacts of covered United
        States foreign assistance projects and programs; and
            (C) applying the findings and conclusions of such
        evaluations to proposed project and program design.
        (2) Objectives.--The guidelines established pursuant to
    subsection (b) shall provide direction to Federal departments and
    agencies that administer covered United States foreign assistance
    on how to--
            (A) establish annual monitoring and evaluation objectives
        and timetables to plan and manage the process of monitoring,
        evaluating, analyzing progress, and applying learning toward
        achieving results;
            (B) develop specific project monitoring and evaluation
        plans, including measurable goals and performance metrics, and
        to identify the resources necessary to conduct such
        evaluations, which should be covered by program costs;
            (C) apply rigorous monitoring and evaluation methodologies
        to such programs, including through the use of impact
        evaluations, ex-post evaluations, or other methods, as
        appropriate, that clearly define program logic, inputs,
        outputs, intermediate outcomes, and end outcomes;
            (D) disseminate guidelines for the development and
        implementation of monitoring and evaluation programs to all
        personnel, especially in the field, who are responsible for the
        design, implementation, and management of covered United States
        foreign assistance programs;
            (E) establish methodologies for the collection of data,
        including baseline data to serve as a reference point against
        which progress can be measured;
            (F) evaluate, at least once in their lifetime, all programs
        whose dollar value equals or exceeds the median program size
        for the relevant office or bureau or an equivalent calculation
        to ensure the majority of program resources are evaluated;
            (G) conduct impact evaluations on all pilot programs before
        replicating, or conduct performance evaluations and provide a
        justification for not conducting an impact evaluation when such
        an evaluation is deemed inappropriate or impracticable;
            (H) develop a clearinghouse capacity for the collection,
        dissemination, and preservation of knowledge and lessons
        learned to guide future programs for United States foreign
        assistance personnel, implementing partners, the donor
        community, and aid recipient governments;
            (I) internally distribute evaluation reports;
            (J) publicly report each evaluation, including an executive
        summary, a description of the evaluation methodology, key
        findings, appropriate context, including quantitative and
        qualitative data when available, and recommendations made in
        the evaluation within 90 days after the completion of the
        evaluation;
            (K) undertake collaborative partnerships and coordinate
        efforts with the academic community, implementing partners, and
        national and international institutions, as appropriate, that
        have expertise in program monitoring, evaluation, and analysis
        when such partnerships provide needed expertise or
        significantly improve the evaluation and analysis;
            (L) ensure verifiable, reliable, and timely data, including
        from local beneficiaries and stakeholders, are available to
        monitoring and evaluation personnel to permit the objective
        evaluation of the effectiveness of covered United States
        foreign assistance programs, including an assessment of
        assumptions and limitations in such evaluations; and
            (M) ensure that standards of professional evaluation
        organizations for monitoring and evaluation efforts are
        employed, including ensuring the integrity and independence of
        evaluations, permitting and encouraging the exercise of
        professional judgment, and providing for quality control and
        assurance in the monitoring and evaluation process.
    (d) President's Report.--Not later than 18 months after the date of
the enactment of this Act, the President shall submit a report to the
appropriate congressional committees that contains a detailed
description of the guidelines established pursuant to subsection (b).
The report shall be submitted in unclassified form, but it may contain
a classified annex.
    (e) Comptroller General's Report.--The Comptroller General of the
United States shall, not later than 18 months after the report required
by subsection (d) is submitted to Congress, submit to the appropriate
congressional committees a report that--
        (1) analyzes the guidelines established pursuant to subsection
    (b); and
        (2) assesses the implementation of the guidelines by the
    agencies, bureaus, and offices that implement covered United States
    foreign assistance as outlined in the President's budget request.
SEC. 4. INFORMATION ON COVERED UNITED STATES FOREIGN ASSISTANCE
PROGRAMS.
    (a) Publication of Information.--
        (1) Update of existing website.--Not later than 90 days after
    the date of the enactment of this Act, the Secretary of State shall
    update the Department of State's website,
    ``ForeignAssistance.gov'', to make publicly available
    comprehensive, timely, and comparable information on covered United
    States foreign assistance programs, including all information
    required under subsection (b) that is available to the Secretary of
    State.
        (2) Information sharing.--Not later than 2 years after the date
    of the enactment of this Act, and quarterly thereafter, the head of
    each Federal department or agency that administers covered United
    States foreign assistance shall provide the Secretary of State with
    comprehensive information about the covered United States foreign
    assistance programs carried out by such department or agency.
        (3) Updates to website.--Not later than 2 years after the date
    of the enactment of this Act, and quarterly thereafter, the
    Secretary of State shall publish, on the ``ForeignAssistance.gov''
    website or through a successor online publication, the information
    provided under subsection (b).
    (b) Matters To Be Included.--
        (1) In general.--The information described in subsection (a)--
            (A) shall be published for each country on a detailed
        basis, such as award-by-award; or
            (B) if assistance is provided on a regional level, shall be
        published for each such region on a detailed basis, such as
        award-by-award.
        (2) Types of information.--
            (A) In general.--To ensure the transparency,
        accountability, and effectiveness of covered United States
        foreign assistance programs, the information described in
        subsection (a) shall include--
                (i) links to all regional, country, and sector
            assistance strategies, annual budget documents,
            congressional budget justifications, and evaluations in
            accordance with section 3(c)(2)(J);
                (ii) basic descriptive summaries for covered United
            States foreign assistance programs and awards under such
            programs; and
                (iii) obligations and expenditures.
            (B) Publication.--Each type of information described in
        subparagraph (A) shall be published or updated on the
        appropriate website not later than 90 days after the date on
        which the information is issued.
            (C) Rule of construction.--Nothing in this paragraph may be
        construed to require a Federal department or agency that
        administers covered United States foreign assistance to provide
        any information that does not relate to, or is not otherwise
        required by, the covered United States foreign assistance
        programs carried out by such department or agency.
        (3) Report in lieu of inclusion.--
            (A) Health or security of implementing partners.--If the
        head of a Federal department or agency, in consultation with
        the Secretary of State, makes a determination that the
        inclusion of a required item of information online would
        jeopardize the health or security of an implementing partner or
        program beneficiary or would require the release of proprietary
        information of an implementing partner or program beneficiary,
        the head of the Federal department or agency shall provide such
        determination in writing to the appropriate congressional
        committees, including the basis for such determination.
            (B) National interests of the united states.--If the
        Secretary of State makes a determination that the inclusion of
        a required item of information online would be detrimental to
        the national interests of the United States, the Secretary of
        State shall provide such determination, including the basis for
        such determination, in writing to the appropriate congressional
        committees.
            (C) Form.--Information provided under this paragraph may be
        provided in classified form, as appropriate.
        (4) Failure to comply.--If a Federal department or agency fails
    to comply with the requirements under paragraph (1), (2), or (3) of
    subsection (a), or subsection (c), with respect to providing
    information described in subsection (a), and the information is not
    subject to a determination under subparagraph (A) or (B) of
    paragraph (3) not to make the information publicly available, the
    Director of the Office of Management and Budget, in consultation
    with the head of such department or agency, not later than one year
    after the date of the enactment of this Act, shall submit a
    consolidated report to the appropriate congressional committees
    that includes, with respect to each required item of information
    not made publicly available--
            (A) a detailed explanation of the reason for not making
        such information publicly available; and
            (B) a description of the department's or agency's plan and
        timeline for--
                (i) making such information publicly available; and
                (ii) ensuring that such information is made publicly
            available in subsequent years.
    (c) Scope of Information.--The online publication required under
subsection (a) shall, at a minimum--
        (1) in each of the fiscal years 2016 through 2019, provide the
    information required under subsection (b) for fiscal years 2015
    through the current fiscal year; and
        (2) for fiscal year 2020 and each fiscal year thereafter,
    provide the information required under subsection (b) for the
    immediately preceding 5 fiscal years in a fully searchable form.
    (d) Sense of Congress.--It is the sense of Congress that the
Secretary of State and the Administrator of the United States Agency
for International Development should coordinate the consolidation of
processes and data collection and presentation for the Department of
State's website, ``ForeignAssistance.gov'', and the United States
Agency for International Development's website, ``Explorer.USAID.gov'',
to the extent that is possible to maximize efficiencies, no later than
the end of fiscal year 2018.

                               Speaker of the House of Representatives.

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

Summary: This measure has not been amended since it was passed by the Senate on July 5, 2016. Foreign Aid Transparency and Accountability Act of 2016 This bill defines quot, covered US foreign assistancequot. As assistance authorized under: part I of the Foreign Assistance Act of 1961 , except for title IV of chapter 2 , and chapter 3, chapter 4 of part II of such Act, the Millennium Challenge Act of 2003. And the Food for Peace Act. The President shall within 18 months prescribe guidelines for establishment of goals, performance metrics, and monitoring and evaluation plans for covered US foreign assistance. The guidelines shall direct federal departments and agencies that administer such assistance on how to: establish annual monitoring and evaluation agendas and objectives, develop specific project monitoring and evaluation plans. Apply monitoring and evaluation methodologies to covered US foreign assistance programs. Disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel responsible for program design, implementation, and management of covered US foreign assistance programs, establish data collection methodologies. Evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau. Develop a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks for future programs, distribute evaluation reports internally, publicly report evaluations and related recommendations. Undertake collaborative partnerships and coordinate efforts with academic, national and international institutions. Make verifiable and timely data available to monitoring and evaluation personnel. And ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed. The President shall within 18 months give Congress a detailed description of these guidelines. The Government Accountability Office shall analyze the guidelines and assess their implementation by the appropriate agencies, bureaus, and offices. The Department of State shall within 90 days update its Internet website, ForeignAssistance. gov, to make publicly available comprehensive and accessible information on covered US foreign assistance programs. The head of each federal department or agency that administers such assistance shall give the State Department comprehensive program information each quarter. Assistance program information shall be published: (1) on an award-by-award and country-by-country basis, or (2) on an award-by-award and region-by-region basis if provided on a regional level. Such information shall include: (1) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations. (2) basic descriptive summaries for foreign development and economic assistance programs and awards under such programs. And (3) obligations and expenditures. If a federal department or agency determines that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary, or would require the release of proprietary information, it shall give Congress that determination in writing. If the State Department determines that online inclusion of a required item of information would be detrimental to US national interests, it shall also give Congress that determination in writing. The bill expresses the sense of Congress that the State Department and the US Agency for International Development (USAID) should, by the end of FY2018, coordinate data collection consolidation for the State Department's website, ForeignAssistance. gov, and USAID's website, Explorer. USAID. gov.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Made in America Act of 2016''.

SEC. 2. AMERICA STAR LABELS.

    (a) Establishment.--Not later than 2 years after the date of the
enactment of this Act, the Commission shall promulgate regulations in
accordance with section 553 of title 5, United States Code, to
establish labels that a person may use as a voluntary means of
indicating to consumers the extent to which products that such person
introduces, delivers for introduction, sells, advertises, or offers for
sale in commerce are of United States origin. Such labels shall be
known as America Star labels.
    (b) Requirements for Labels.--
            (1) In general.--The regulations required by subsection (a)
        shall establish 4 America Star labels, as follows:
                    (A) A label that may be used for a product that
                satisfies the standard for an unqualified United States
                origin claim set forth by the Commission in the
                Enforcement Policy Statement.
                    (B) A label that may be used for a product for
                which not less than 90 percent of the total cost of
                manufacturing the product is attributable to United
                States costs, as determined under the Enforcement
                Policy Statement.
                    (C) A label that may be used for a product for
                which not less than 80 percent of the total cost of
                manufacturing the product is attributable to United
                States costs, as determined under the Enforcement
                Policy Statement.
                    (D) A label that may be used for a product for
                which not less than 70 percent of the total cost of
                manufacturing the product is attributable to United
                States costs, as determined under the Enforcement
                Policy Statement.
            (2) Goals.--The America Star labels shall be designed to
        achieve the following goals:
                    (A) Providing clarity for consumers about the
                extent to which products are manufactured in the United
                States.
                    (B) Encouraging manufacturers to manufacture more
                products in the United States.
                    (C) Highlighting the importance of domestic
                manufacturing for the economy of the United States.
            (3) Appearance and content; additional standards and
        requirements.--The regulations required by subsection (a) shall
        establish the visual appearance and content of the America Star
        labels, any standards (in addition to the standards described
        in paragraph (1)) that a product shall meet in order for a
        particular America Star label to be used for such product, and
        requirements for the permissible use of the America Star
        labels, as the Commission considers appropriate to achieve the
        goals described in paragraph (2) and to ensure that the
        labels--
                    (A) are consistent with public perceptions of the
                meaning of descriptions of the extent to which a
                product is of United States origin; and
                    (B) are not used in a way that is unfair or
                deceptive, including, for a product that does not meet
                the standards for an America Star label, placing such
                label on such product, using such label in any
                marketing materials for such product, or in any other
                way representing that such product meets the standards
                of such label.
    (c) Use of Labels Voluntary.--The Commission may not require a
person who makes a qualified or unqualified claim that a product is of
United States origin to use an America Star label to make such claim.
    (d) Rule of Construction.--Nothing in this Act shall be construed
to affect the standards of the Commission in effect on the day before
the date of the enactment of this Act for a qualified or unqualified
claim that a product is of United States origin.
    (e) Consultation.--In promulgating the regulations required by
subsection (a), the Commission shall consult with--
            (1) the Commissioner of United States Customs and Border
        Protection in order to ensure consistency with the country of
        origin labeling requirements under section 304 of the Tariff
        Act of 1930 (19 U.S.C. 1304); and
            (2) the United States Trade Representative in order to
        ensure consistency with the obligations of the United States
        under international trade agreements.
    (f) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of
        a regulation promulgated under this section shall be treated as
        a violation of a regulation under section 18(a)(1)(B) of the
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
        unfair or deceptive acts or practices.
            (2) Powers of commission.--The Commission shall enforce the
        regulations promulgated under this section in the same manner,
        by the same means, and with the same jurisdiction, powers, and
        duties as though all applicable terms and provisions of the
        Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
        incorporated into and made a part of this Act. Any person who
        violates a regulation promulgated under this section shall be
        subject to the penalties and entitled to the privileges and
        immunities provided in the Federal Trade Commission Act.

SEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS.

    (a) Requirements More Stringent Than FTC Standards.--Section 320933
of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C.
45a) and any regulation promulgated by the Commission under such
section shall supercede any provision of law of a State or a political
subdivision of a State that imposes more stringent requirements
relating to the extent to which any person may introduce, deliver for
introduction, sell, advertise, or offer for sale in commerce a product
with a ``Made in the U.S.A.'' or ``Made in America'' label, or the
equivalent thereof, in order to represent that such product is in whole
or substantial part of domestic origin.
    (b) Requirements Limiting Ability To Use America Star Labels.--The
regulations promulgated under section 2 shall supercede any provision
of law of a State or a political subdivision of a State relating to the
extent to which any person introduces, delivers for introduction,
sells, advertises, or offers for sale in commerce a product with a
``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent
thereof, in order to represent that such product is in whole or
substantial part of domestic origin, to the extent that such provision
would have the effect of limiting the ability of a person to use an
America Star label with respect to a product in accordance with such
regulations.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Enforcement policy statement.--The term ``Enforcement
        Policy Statement'' means the Enforcement Policy Statement on
        U.S. Origin Claims issued by the Commission in December 1998,
        or any successor guidance or regulation.
            (3) State.--The term ``State'' means each of the several
        States, the District of Columbia, each commonwealth, territory,
        or possession of the United States, and each federally
        recognized Indian tribe.

Summary: Made in America Act of 2016 This bill directs the Federal Trade Commission (FTC) to establish labels that persons or businesses may use voluntarily to indicate to consumers the extent to which products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce are of US origin. The FTC must establish four categories of such labels, to be known as America Star labels, which may be used to designate products: (1) that satisfy the standard for an unqualified US origin claim set forth by the FTC in the Enforcement Policy Statement on US Origin Claims. Or (2) for which not less than 90, 80, or 70 of the total cost of manufacturing is attributable to US costs. The FTC must promulgate regulations for such labels and enforce such regulations under the Federal Trade Commission Act. The bill also preempts certain state law requirements relating to the use of quot, Made in the USA. quot, or quot, Made in Americaquot. Labels. The preemption provisions provide for: (1) the Violent Crime Control and Law Enforcement Act of 1994 to supersede state laws that impose more stringent requirements, and (2) FTC regulations under this bill to supersede state laws.

Made in America Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims Protection Act of 2014''.

SEC. 2. INCLUSION OF SENIOR TRIAL COUNSEL DETERMINATIONS ON REFERRAL OF
              CASES TO TRIAL BY COURT-MARTIAL IN CASES REVIEWED BY
              SECRETARIES OF MILITARY DEPARTMENTS.

    Section 1744 of the National Defense Authorization Act for Fiscal
Year 2014 is amended--
            (1) in subsection (c)--
                    (A) in the subsection heading, by inserting ``or
                Senior Trial Counsel'' after ``Staff Judge Advocate'';
                and
                    (B) by inserting ``or the senior trial counsel
                detailed to the case'' after ``Military Justice),'';
                and
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting ``or
                Senior Trial Counsel'' after ``Staff Judge Advocate'';
                and
                    (B) by inserting ``or the senior trial counsel
                detailed to the case'' after ``Military Justice),''.

SEC. 3. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON
              SEXUAL ASSAULT PREVENTION AND RESPONSE.

    (a) Additional Duty of Special Victims' Counsel.--In addition to
any duties authorized by section 1044e of title 10, United States Code
(as added by section 1716 of the National Defense Authorization Act for
Fiscal Year 2014), a Special Victims' Counsel designated under
subsection (a) of such section 1044e shall provide advice to victims of
sexual assault on the advantages and disadvantages of prosecution of
the offense concerned by court-martial or by a civilian court with
jurisdiction over the offense before such victims express their
preference as to the prosecution of the offense under subsection (b).
    (b) Consultation With Victims Regarding Preference in Prosecution
of Certain Sexual Offenses.--
            (1) In general.--The Secretaries of the military
        departments shall each establish a process to ensure
        consultation with the victim of a covered sexual offense that
        occurs in the United States with respect to the victim's
        preference as to whether the offense should be prosecuted by
        court-martial or by a civilian court with jurisdiction over the
        offense.
            (2) Weight afforded preference.--The preference expressed
        by a victim under paragraph (1) with respect to the prosecution
        of an offense, while not binding, should be afforded great
        weight in the determination whether to prosecute the offense by
        court-martial or by a civilian court.
            (3) Notice to victim of lack of civilian criminal
        prosecution after preference for such prosecution.--In the
        event a victim expresses a preference under paragraph (1) in
        favor of prosecution of an offence by civilian court and the
        civilian authorities determine to decline prosecution, or defer
        to prosecution by court-martial, the victim shall be promptly
        notified of that determination.
    (c) Performance Appraisals of Members of the Armed Forces.--
            (1) Appraisals of all members on compliance with sexual
        assault prevention and response programs.--The Secretaries of
        the military departments shall each ensure that the written
        performance appraisals of members of the Armed Forces (whether
        officers or enlisted members) under the jurisdiction of such
        Secretary include an assessment of the extent to which each
        such member supports the sexual assault prevention and response
        program of the Armed Force concerned.
            (2) Performance appraisals of commanding officers.--The
        Secretaries of the military departments shall each ensure that
        the performance appraisals of commanding officers under the
        jurisdiction of such Secretary indicate the extent to which
        each such commanding officer has or has not established a
        command climate in which--
                    (A) allegations of sexual assault are properly
                managed and fairly evaluated; and
                    (B) a victim can report criminal activity,
                including sexual assault, without fear of retaliation,
                including ostracism and group pressure from other
                members of the command.
    (d) Command Climate Assessments Following Incidents of Certain
Sexual Offenses.--
            (1) Assessments required.--The Secretaries of the military
        departments shall each establish a process whereby a command
        climate assessment is performed following an incident involving
        a covered sexual offense for each of the command of the accused
        and the command of the victim. If the accused and the victim
        are within the same command, only a single climate assessment
        is required. The process shall ensure the timely completion of
        command climate assessments for provision to military criminal
        investigation organizations and commanders pursuant to
        paragraph (2).
            (2) Provision to military criminal investigation
        organizations and commanders.--A command climate assessment
        performed pursuant to paragraph (1) shall be provided to the
        following:
                    (A) The military criminal investigation
                organization conducting the investigation of the
                offense concerned.
                    (B) The commander next higher in the chain of
                command of the command covered by the climate
                assessment.
    (e) Confidential Review of Characterization of Terms of Discharge
of Victims of Sexual Offenses.--
            (1) In general.--The Secretaries of the military
        departments shall each establish a confidential process,
        through boards for the correction of military records of the
        military department concerned, by which an individual who was
        the victim of a covered sexual offense during service in the
        Armed Forces may challenge, on the basis of being the victim of
        such an offense, the terms or characterization of the
        individual's discharge or separation from the Armed Forces.
            (2) Consideration of individual experiences in connection
        with offenses.--In deciding whether to modify the terms or
        characterization of an individual's discharge or separation
        pursuant to the process required by paragraph (1), the
        Secretary of the military department concerned shall instruct
        boards to give due consideration to the psychological and
        physical aspects of the individual's experience in connection
        with the offense concerned, and to what bearing such experience
        may have had on the circumstances surrounding the individual's
        discharge or separation from the Armed Forces.
            (3) Preservation of confidentiality.--Documents considered
        and decisions rendered pursuant to the process required by
        paragraph (1) shall not be made available to the public, except
        with the consent of the individual concerned.
    (f) Covered Sexual Offense Defined.--In subsections (a) through
(e), the term ``covered sexual offense'' means any of the following:
            (1) Rape or sexual assault under subsection (a) or (b) of
        section 920 of title 10, United States Code (article 120 of the
        Uniform Code of Military Justice).
            (2) Forcible sodomy under section 925 of title 10, United
        States Code (article 125 of the Uniform Code of Military
        Justice).
            (3) An attempt to commit an offense specified in paragraph
        (1) or (2) as punishable under section 880 of title 10, United
        States Code (article 80 of the Uniform Code of Military
        Justice).
    (g) Modification of Military Rules of Evidence Relating to
Admissibility of General Military Character Toward Probability of
Innocence.--Not later than 180 days after the date of the enactment of
this Act, Rule 404(a) of the Military Rules of Evidence shall be
modified to clarify that the general military character of an accused
is not admissible for the purpose of showing the probability of
innocence of the accused, except that evidence of a trait of the
military character of an accused may be offered in evidence by the
accused when that trait is relevant to an element of an offense for
which the accused has been charged.

SEC. 4. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND
              RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE
              ACADEMIES.

    (a) Military Service Academies.--The Secretary of the military
department concerned shall ensure that the provisions of title XVII of
the National Defense Authorization Act for Fiscal Year 2014 (as amended
by this Act) and this Act apply to the United States Military Academy,
the Naval Academy, and the Air Force Academy, as applicable.
    (b) Coast Guard Academy.--The Secretary of Homeland Security shall
ensure that the provisions of title XVII of the National Defense
Authorization Act for Fiscal Year 2014 (as so amended) and this Act
apply to the Coast Guard Academy.

SEC. 5. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE
              DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND
              TO SEXUAL ASSAULT.

    (a) Strategic Framework on Collaboration Required.--Not later than
270 days after the date of the enactment of this Act, the Secretary of
Defense and the Attorney General shall jointly develop a strategic
framework for ongoing collaboration between the Department of Defense
and the Department of Justice in their efforts to prevent and respond
to sexual assault. The framework shall be based on and include the
following:
            (1) An assessment of the role of the Department of Justice
        in investigations and prosecutions of sexual assault cases in
        which the Department of Defense and the Department of Justice
        have concurrent jurisdiction, with the assessment to include a
        review of and list of recommended revisions to relevant
        Memoranda of Understanding and related documents between the
        Department of Justice and the Department of Defense.
            (2) An assessment of the feasibility of establishing the
        position of advisor on military sexual assaults within the
        Department of Justice (using existing Department resources and
        personnel) to assist in the activities required under paragraph
        (1) and provide to the Department of Defense investigative and
        other assistance in sexual assault cases occurring on domestic
        and overseas military installations over which the Department
        of Defense has primary jurisdiction, with the assessment to
        address the feasibility of maintaining representatives or
        designees of the advisor at military installations for the
        purpose of reviewing cases of sexual assault and providing
        assistance with the investigation and prosecution of sexual
        assaults.
            (3) An assessment of the number of unsolved sexual assault
        cases that have occurred on military installations, and a plan,
        with appropriate benchmarks, to review those cases using
        currently available civilian and military law enforcement
        resources, such as new technology and forensics information.
            (4) A strategy to leverage efforts by the Department of
        Defense and the Department of Justice--
                    (A) to improve the quality of investigations,
                prosecutions, specialized training, services to
                victims, awareness, and prevention regarding sexual
                assault; and
                    (B) to address social conditions that relate to
                sexual assault.
            (5) Mechanisms to promote information sharing and best
        practices between the Department of Defense and the Department
        of Justice on prevention and response to sexual assault,
        including victim assistance through the Violence against Women
        Act and Office for Victims of Crime programs of the Department
        of Justice.
    (b) Report.--The Secretary of Defense and the Attorney General
shall jointly submit to the appropriate committees of Congress a report
on the framework required by subsection (a). The report shall--
            (1) describe the manner in which the Department of Defense
        and Department of Justice will collaborate on an ongoing basis
        under the framework;
            (2) explain obstacles to implementing the framework; and
            (3) identify changes in laws necessary to achieve the
        purpose of this section.
    (c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on
        the Judiciary of the Senate; and
            (2) the Committee on Armed Services and the Committee on
        the Judiciary of the House of Representatives.

SEC. 6. MODIFICATION OF DEADLINE FOR REPORT ON NEED FOR PUNITIVE UCMJ
              ARTICLE ON INAPPROPRIATE CONTACT WITH PROSPECTIVE AND NEW
              MEMBERS OF THE ARMED FORCES.

    Section 1741(d) of the National Defense Authorization Act for
Fiscal Year 2014 is amended by striking ``120 days'' and inserting ``60
days''.

SEC. 7. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT
              ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES.

    It is the sense of the Senate that--
            (1) the panel to review and assess the systems used to
        respond to sexual assault established by section 576 of the
        National Defense Authorization Act for Fiscal Year 2013 (Public
        Law 112-239; 126 Stat. 1758) is conducting an independent
        assessment of the systems used to investigate, prosecute, and
        adjudicate crimes involving adult sexual assault and related
        offenses;
            (2) the work of the panel will be critical in informing the
        efforts of Congress to combat rape, sexual assault, and other
        sex-related crimes in the Armed Forces;
            (3) the panel should include in its assessment under
        subsection (d)(1) of section 576 of the National Defense
        Authorization Act for Fiscal Year 2013 a review of the reforms
        that will be enacted pursuant to title XVII of the National
        Defense Authorization Act for Fiscal Year 2014 (as amended by
        this Act) and this Act; and
            (4) the views of the victim advocate community should
        continue to be well-represented on the panel,

         and input from victims should continue to play a central role
        in informing the work of the panel.

            Passed the Senate March 10, 2014.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.

Summary: Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 to revise the sexual assault prevention and response program activities of the Armed Forces. Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial . Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial. Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism. Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces. Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the US Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction. (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations. (3) an assessment of the number of unsolved sexual assault cases. (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault. And (5) mechanisms to promote information sharing and best practices between DOD and DOJ. Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces. Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses. (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces. (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014. And (4) the views of the victim advocate community should continue to be well-represented on the panel.

Victims Protection Act of 2014


SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Code Talkers Recognition Act of
2008''.
SEC. 2. PURPOSE.
    The purpose of this Act is to require the issuance of medals to
express the sense of the Congress that--
        (1) the service of Native American code talkers to the United
    States deserves immediate recognition for dedication and valor; and
        (2) honoring Native American code talkers is long overdue.
SEC. 3. FINDINGS.
    The Congress finds the following:
        (1) When the United States entered World War I, Native
    Americans were not accorded the status of citizens of the United
    States.
        (2) Without regard to that lack of citizenship, members of
    Indian tribes and nations enlisted in the Armed Forces to fight on
    behalf of the United States.
        (3) The first reported use of Native American code talkers was
    on October 17, 1918.
        (4) Because the language used by the Choctaw code talkers in
    the transmission of information was not based on a European
    language or on a mathematical progression, the Germans were unable
    to understand any of the transmissions.
        (5) This use of Native American code talkers was the first time
    in modern warfare that such a transmission of messages in a native
    language was used for the purpose of confusing an enemy.
        (6) On December 7, 1941, Japan attacked Pearl Harbor, Hawaii,
    and the Congress declared war the following day.
        (7) The Federal Government called on the Comanche Nation to
    support the military effort during World War II by recruiting and
    enlisting Comanche men to serve in the Army to develop a secret
    code based on the Comanche language.
        (8) The United States Army recruited approximately 50 Native
    Americans for special native language communication assignments.
        (9) The United States Marine Corps recruited several hundred
    Navajos for duty in the Pacific region.
        (10) During World War II, the United States employed Native
    American code talkers who developed secret means of communication
    based on native languages and were critical to winning the war.
        (11) To the frustration of the enemies of the United States,
    the code developed by the Native American code talkers proved to be
    unbreakable and was used extensively throughout the European
    theater.
        (12) In 2001, the Congress and President Bush honored Navajo
    code talkers with congressional gold medals for the contributions
    of the code talkers to the United States Armed Forces as radio
    operators during World War II.
        (13) The heroic and dramatic contributions of Native American
    code talkers were instrumental in driving back Axis forces across
    the Pacific during World War II.
        (14) The Congress should provide to all Native American code
    talkers the recognition the code talkers deserve for the
    contributions of the code talkers to United States victories in
    World War I and World War II.
SEC. 4. DEFINITIONS.
    In this Act, the following definitions shall apply:
        (1) Code talker.--The term ``code talker'' means a Native
    American who--
            (A) served in the Armed Forces during a foreign conflict in
        which the United States was involved; and
            (B) transmitted (encoded and translated) secret coded
        messages for tactical military operations during World War I
        and World War II using their native tribal language (non-
        spontaneous communications)
        (2) Secretary.--The term ``Secretary'' means the Secretary of
    the Treasury.
SEC. 5. CONGRESSIONAL GOLD MEDALS.
    (a) Award Authorization.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the award, on behalf of the Congress, of
gold medals of appropriate design in recognition of the service of
Native American code talkers during World War I and World War II.
    (b) Identification of Recipients.--The Secretary, in consultation
with the Secretary of Defense and the tribes, shall--
        (1) determine the identity, to the maximum extent practicable,
    of each Native American tribe that had a member of that tribe serve
    as a Native American code talker, with the exception of the Navajo
    Nation;
        (2) include the name of each Native American tribe identified
    under subparagraph (A) on a list; and
        (3) provide the list, and any updates to the list, to the
    Smithsonian Institution for maintenance under section 5(c)(2).
    (c) Design and Striking of Medals.--
        (1) In general.--The Secretary shall strike the gold medals
    awarded under subsection (a) with appropriate emblems, devices, and
    inscriptions, as determined by the Secretary.
        (2) Designs of medals emblematic of tribal affiliation and
    participation.--The design of a gold medal under paragraph (1)
    shall be emblematic of the participation of the code talkers of
    each recognized tribe.
        (3) Treatment.--Each medal struck pursuant to this subsection
    shall be considered to be a national medal for purposes of chapter
    51 of title 31, United States Code.
    (d) Action by Smithsonian Institution.--The Smithsonian
Institution--
        (1) shall accept and maintain such gold medals, and such silver
    duplicates of those medals, as recognized tribes elect to send to
    the Smithsonian Institution;
        (2) shall maintain the list developed under section 6(1) of the
    names of Native American code talkers of each recognized tribe; and
        (3) is encouraged to create a standing exhibit for Native
    American code talkers or Native American veterans.
SEC. 6. NATIVE AMERICAN CODE TALKERS.
    The Secretary, in consultation with the Secretary of Defense and
the tribes, shall--
        (1) with respect to tribes recognized as of the date of the
    enactment of this Act --
            (A) determine the identity, to the maximum extent
        practicable, of each Native American code talker of each
        recognized tribe with the exception of the Navajo Nation;
            (B) include the name of each Native American code talker
        identified under subparagraph (A) on a list, to be organized by
        recognized tribe; and
            (C) provide the list, and any updates to the list, to the
        Smithsonian Institution for maintenance under section 5(d)(2);
        (2) in the future, determine whether any Indian tribe that is
    not a recognized as of the date of the enactment of this Act,
    should be eligible to receive a gold medal under this Act; and
        (3) with consultation from the tribes listed in following
    subsection, examine the following specific tribes to determine the
    existence of Code Talkers:
            (A) Assiniboine.
            (B) Chippewa and Oneida.
            (C) Choctaw.
            (D) Comanche.
            (E) Cree.
            (F) Crow.
            (G) Hopi.
            (H) Kiowa.
            (I) Menominee.
            (J) Mississauga.
            (K) Muscogee.
            (L) Sac and Fox.
            (M) Sioux.
SEC. 7. DUPLICATE MEDALS.
    (a) Silver Duplicate Medals.--
        (1) In general.--The Secretary shall strike duplicates in
    silver of the gold medals struck under section 5(b), to be awarded
    in accordance with paragraph (2).
        (2) Eligibility for award.--
            (A) In general.--A Native American shall be eligible to be
        awarded a silver duplicate medal struck under paragraph (1) in
        recognition of the service of Native American code talkers of
        the recognized tribe of the Native American, if the Native
        American served in the Armed Forces as a code talker in any
        foreign conflict in which the United States was involved during
        the 20th century.
            (B) Death of code talker.--In the event of the death of a
        Native American code talker who had not been awarded a silver
        duplicate medal under this subsection, the Secretary may award
        a silver duplicate medal to the next of kin or other personal
        representative of the Native American code talker.
            (C) Determination.--Eligibility for an award under this
        subsection shall be determined by the Secretary in accordance
        with section 6.
    (b) Bronze Duplicate Medals.--The Secretary may strike and sell
duplicates in bronze of the gold medal struck pursuant to section 4
under such regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses, and the cost of the gold and
silver medals.
SEC. 8. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
    (a) Authority to Use Fund Amounts.--There are authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals struck
pursuant to this Act.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 7(b) shall be deposited into the
United States Mint Public Enterprise Fund.

                               Speaker of the House of Representatives.

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

Summary: Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals to recognize the service of Native American code talkers during World War I and World War II. Defines code talker as a Native American who served in the Armed Forces during a foreign conflict and who transmitted secret coded messages for tactical military operations during World War I and World War II using native tribal language. Directs the Secretary of the Treasury: (1) in consultation with the Secretary of Defense and Indian tribes, to identify each Native American tribe, with the exception of the Navajo Nation, that had a member serve as a Native American code talker. (2) to provide a list of such code talkers to the Smithsonian Institution. (3) to design and strike the gold medals to be awarded. And (4) to strike silver duplicate medals for such code talkers or their next of kin or personal representatives. Authorizes the Secretary to strike and sell bronze duplicate medals to pay for the cost of the gold and silver medals. Directs the Smithsonian Institution to accept and maintain the gold medals awarded on behalf of the code talkers. Encourages the Smithsonian Institution to create a standing exhibit for Native American code talkers or Native American veterans. Authorizes payment from the US Mint Public Enterprise Fund for the cost of medals struck pursuant to this Act.

To require the issuance of medals to recognize the dedication and valor of Native American code talkers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Radiation Experimentation
Compensation Act of 1994''.

SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.

    (a) Findings.--The Congress finds that--
            (1) since the 1940's, the Federal Government has
        intentionally conducted secret radiation experiments in the
        United States without the informed consent or knowledge of the
        individuals on whom the experiments were performed;
            (2) such radiation experiments included, but were not
        limited to, experiments involving injections of plutonium,
        ingestion of irradiated food, exposure to atmospheric
        radiation, and the prescription of radioactive medication to
        pregnant women;
            (3) the Federal Government performed such experiments not
        in order to achieve medical or health benefits for the
        individuals used in the tests, but for research purposes, to
        allow Federal Government scientists and health specialists to
        study the effects of radiation on the human body;
            (4) at the time of such experiments and in the years
        following the experiments, the Federal Government failed to
        inform the individuals tested, or their families, about the
        nature and effects of the tests;
            (5) the Federal Government has harmed the subjects of such
        radiation experiments;
            (6) the Congress presumes that the exposure to radiation of
        the subjects of such experiments has generated an excess of
        cancers and other debilitating diseases and health problems for
        such subjects;
            (7) the Federal Government should recognize that the lives
        and health of the innocent individuals who were the subjects of
        such experiments were put at risk by the individuals' unknowing
        and involuntary participation in radiation experiments; and
            (8) the Federal Government should assume responsibility for
        the harm caused by its actions regarding the experiments.
    (b) Purpose.--It is the purpose of this Act to establish a
procedure to make partial restitution to the individuals described in
subsection (a) for the burdens they have borne for the Nation as a
whole, although monetary compensation can never fully compensate them.
    (c) Apology.--The Congress apologizes on behalf of the Nation to
the individuals described in subsection (a) and their families for the
hardships they have endured because of the experiments described in
subsection (a).

SEC. 3. TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Radiation
Experimentation Compensation Trust Fund'' (in this Act referred to as
the ``Fund''), which shall be administered by the Secretary of the
Treasury.
    (b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from, any such investment shall
be credited to and become a part of the Fund.
    (c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Attorney General under section 5.
    (d) Termination.--
            (1) Time of termination.--The Fund shall terminate not
        later than the earlier of--
                    (A) the date on which the amount authorized to be
                appropriated to the Fund by subsection (e), and any
                income earned on such amount, have been expended from
                the Fund; or
                    (B) 22 years after the date of the enactment of
                this Act.
            (2) Amounts remaining in fund.--At the end of the 22-year
        period referred to in paragraph (1)(B), if all of the amounts
        in the Fund have not been expended, investments of amounts in
        the Fund shall be liquidated, the receipts of such liquidation
        shall be deposited in the Fund, and all funds remaining in the
        Fund shall be deposited in the miscellaneous receipts account
        in the Treasury.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $100,000,000. Any amount appropriated pursuant
to this subsection is authorized to remain available until expended.

SEC. 4. CLAIMS ELIGIBLE FOR PAYMENT.

    (a) In General.--Any individual who, without the individual's
informed consent, was intentionally exposed to radiation as a subject
in an experiment of the Federal Government at any time during the
period beginning on January 1, 1940, and ending on December 31, 1974,
shall receive $50,000 if--
            (1) a claim for such payment is filed with the Attorney
        General by or on behalf of such individual; and
            (2) the Attorney General determines, in accordance with
        section 5(b), that the claim meets the requirements of this
        Act.
    (b) Definitions.--For purposes of this section:
            (1) The term ``experiment'' means a test or other action
        that is conducted primarily for research purposes to determine
        the effect of exposure to radiation on the human body.
            (2) The term ``exposed to radiation'' means caused to come
        into contact with any radioactive substance or material by
        means including, but not limited to, injection, ingestion,
        inhalation, or prescription of, or skin exposure to, any
        radioactive substance or material.
            (3) The term ``Federal Government'' means--
                    (A) the legislative, judicial, or executive branch
                of the government of the United States, or any agency
                or instrumentality of such a branch;
                    (B) any person or entity whose actions regarding an
                experiment under which humans were exposed to radiation
                were funded in any manner, approved, authorized,
                supervised, or contracted for, by an entity referred to
                in subparagraph (A); or
                    (C) any person or entity that was funded in any
                manner, approved, authorized, supervised, or contracted
                with, wholly or partially, by an entity referred to in
                subparagraph (A) during a time period in which an
                entity referred to in subparagraph (A) had knowledge
                that such person or entity was conducting any
                experiment under which humans were exposed to
                radiation.
            (4) The term ``informed consent'' means consent by an
        individual (or the individual's parent or legal guardian, in
        the case of an individual who was a minor or was incompetent at
        the relevant time), to the individual's participation in an
        experiment, after a full disclosure of the nature and purpose
        of the experiment and its possible consequences that was
        sufficient to allow the individual (or the individual's parent
        or legal guardian, in the case of an individual who was a minor
        or was incompetent at the relevant time) to intelligently
        exercise judgment to decide whether the individual should
        participate in the experiment.

SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

    (a) Establishment of Filing Procedures.--The Attorney General shall
establish procedures under which individuals may submit claims for
payments under this Act.
    (b) Determination of Claims.--For each claim filed under this Act,
the Attorney General shall determine whether the claim meets the
requirements of section 4(a).
    (c) Payment of Claims.--
            (1) In general.--The Attorney General shall pay, from
        amounts available in the Fund, each claim that the Attorney
        General determines meets the requirements of this Act.
            (2) Offset of payment.--
                    (A) Offset of payment made under this Act.--A
                payment under this Act to or on behalf of an individual
                described in section 4(a) shall be offset by the amount
                of any payment made to or on behalf of the individual
                pursuant to a final award or settlement on a claim
                (other than a claim for worker's compensation) against
                any person, that is based on the individual's
                participation in an experiment that is the basis for
                the payment under this Act, including any payment under
                the Radiation Exposure Compensation Act (42 U.S.C. 2210
                note).
                    (B) Offset of payment made under radiation exposure
                compensation act.--For purposes of section 6(c)(2) of
                the Radiation Exposure Compensation Act (42 U.S.C. 2210
                note), a payment made under this Act shall be
                considered to be a final award or settlement on a claim
                described in subparagraphs (A) and (B) of such section.
            (3) Right of subrogation.--Upon payment of a claim under
        this section, the Federal Government is subrogated, for the
        amount of the payment, to a right or claim that the individual
        to whom the payment was made may have against any person on
        account of participation in an experiment that is the basis for
        the payment made under this Act.
            (4) Payments in case of deceased persons.--
                    (A) In general.--In the case of an individual who
                is deceased at the time of payment under this section,
                such payment may be made only as follows:
                            (i) If the individual is survived by a
                        spouse who is living at the time of payment,
                        such payment shall be made to such surviving
                        spouse.
                            (ii) If the individual is not survived by a
                        spouse described in clause (i), such payment
                        shall be made in equal shares to the children
                        of the individual who are living at the time of
                        payment.
                            (iii) If the individual is not survived by
                        a person described in clause (i) or (ii), such
                        payment shall be made in equal shares to the
                        parents of the individual who are living at the
                        time of payment.
                            (iv) If the individual is not survived by a
                        person described in any of clauses (i) through
                        (iii), such payment shall be made in equal
                        shares to the grandchildren of the individual
                        who are living at the time of payment.
                            (v) If the individual is not survived by a
                        person described in any of clauses (i) through
                        (iv), such payment shall be made in equal
                        shares to the siblings of the individual who
                        are living at the time of payment.
                            (vi) If the individual is not survived by a
                        person described in any of clauses (i) through
                        (v), then such payment shall be made in equal
                        shares to the grandparents of the individual
                        who are living at the time of payment.
                    (B) Filing of claim by survivor.--If an individual
                eligible for payment under this Act dies before filing
                a claim under this Act, a survivor of the individual
                who may receive payment under subparagraph (A) may file
                a claim for such payment on the individual's behalf.
                    (C) Definitions.--For purposes of this paragraph:
                            (i) The term ``child'' includes a
                        recognized natural child, a stepchild who lived
                        with an individual in a regular parent-child
                        relationship, and an adopted child.
                            (ii) The term ``grandchild of the
                        individual'' means a child of a child of the
                        individual.
                            (iii) The term ``grandparent of the
                        individual'' means a parent of a parent of the
                        individual.
                            (iv) The term ``parent'' includes fathers
                        and mothers through adoption.
                            (v) The term ``sibling of the individual''
                        means a child of the parent or parents of the
                        individual.
                            (vi) The term ``spouse'' means a person who
                        was married to the relevant individual for at
                        least the 12 months immediately preceding the
                        death of the individual.
    (d) Action on Claims.--Within 18 months after the filing of any
claim under this Act--
            (1) the Attorney General shall make the determination
        required by subsection (b) regarding the claim; and
            (2) if the claim is determined to meet the requirements of
        section 4(a), the Attorney General shall make the payment
        required by subsection (c)(1).
    (e) Settlement in Full of Claims Against United States.--Payment
under this Act, when accepted by an individual, or the individual's
survivors, shall be in full satisfaction of all claims of or on behalf
of the individual against the United States that arise out of the
participation in the experiment that is the basis for the payment made
under this Act.
    (f) Administrative Costs Not Deducted From Payment.--No costs
incurred by the Attorney General in carrying out this Act may be paid
from, set off against, or otherwise deducted from any payment made
under subsection (c)(1).
    (g) Termination of Duties of Attorney General.--The duties of the
Attorney General under this section shall cease when the Fund
terminates.
    (h) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual--
            (1) shall be treated for purposes of the internal revenue
        laws of the United States as damages for human suffering; and
            (2) shall not be considered as income or resources for
        purposes of determining the individual's eligibility to receive
        benefits described in section 3803(c)(2)(C) of title 31, United
        States Code, or the amount of such benefits.
    (i) Use of Existing Resources.--The Attorney General should, to the
extent available, use funds and resources available to the Attorney
General to carry out the Attorney General's functions under this Act.
    (j) Regulatory Authority.--The Attorney General may issue
regulations necessary to carry out this Act.
    (k) Issuance of Regulations and Procedures.--The initial
regulations and procedures to carry out this Act shall be issued not
later than 120 days after the date of the enactment of this Act.
    (l) Judicial Review.--An individual whose claim for compensation
under this Act is denied may seek initial judicial review solely in a
district court of the United States. The court shall review the denial
on the administrative record and shall hold unlawful and set aside the
denial if it is arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law. Such an individual may appeal the
decision of the district court to the appropriate higher Federal
courts.

SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.

    No claim under this Act shall be assignable or transferable.

SEC. 7. LIMITATION ON CLAIMS.

    An individual, or the individual's survivors, may not receive
payment under section 5(c)(1) unless a claim by or on behalf of the
individual is filed under this Act within 20 years after the date of
the enactment of this Act.

SEC. 8. ATTORNEY OR AGENT FEES.

    The agent, attorney, or other representative of an individual or of
an individual's survivor may not receive, for services rendered in
connection with a claim made under this Act, an amount equal to more
than 10 percent of the payment made under this Act on such claim. Any
person who violates this section shall be guilty of an infraction and
shall be subject to a fine in the amount provided in title 18, United
States Code.

SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.

    A payment made under section 5(c)(1) shall not be considered a form
of compensation, or reimbursement for a loss, for purposes of imposing
liability on the individual who receives the payment to repay any
insurance carrier for insurance payments, or to repay any person on
account of worker's compensation payments. A payment under this Act
shall not affect any claim against an insurance carrier with respect to
insurance, or against any person with respect to worker's compensation.

SEC. 10. BUDGET COMPLIANCE.

    No authority under this Act to enter into contracts or to make
payments shall be effective in any fiscal year except to such extent or
in such amounts as are provided in advance in appropriations Acts.

Summary: Radiation Experimentation Compensation Act of 1994 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally exposed to radiation without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and pay from amounts in the Fund each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides for judicial review. Establishes a time limit for filing claims of 20 years after enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dairy Promotion Fairness Act''.

SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.

    (a) Declaration of Policy.--Section 110(b) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended--
            (1) in the first sentence--
                    (A) by inserting after ``commercial use'' the
                following: ``and on imported dairy products''; and
                    (B) by striking ``products produced in the United
                States.'' and inserting ``products.''; and
            (2) in the second sentence, by inserting after ``produce
        milk'' the following: ``or the right of any person to import
        dairy products''.
    (b) Definitions.--Section 111 of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4502) is amended--
            (1) in subsection (k), by striking ``and'' at the end;
            (2) in subsection (l), by striking the period at the end
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(m) the term `imported dairy product' means any dairy
        product that is imported into the United States, including
        dairy products imported into the United States in the form of--
                    ``(1) milk, cream, and fresh and dried dairy
                products;
                    ``(2) butter and butterfat mixtures;
                    ``(3) cheese; and
                    ``(4) casein and mixtures;
            ``(n) the term `importer' means a person that imports an
        imported dairy product into the United States; and
            ``(o) the term `Customs' means the United States Customs
        Service.''.
    (c) Representation of Importers on Board.--Section 113(b) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is
amended--
            (1) by inserting ``National Dairy Promotion and Research
        Board.--'' after ``(b)'';
            (2) by designating the first through ninth sentences as
        paragraphs (1) through (5) and paragraphs (7) through (10),
        respectively, and indenting the paragraphs appropriately;
            (3) in paragraph (2) (as so designated), by striking
        ``Members'' and inserting ``Except as provided in paragraph
        (6), the members''; and
            (4) by inserting after paragraph (5) (as so designated) the
        following:
            ``(6) Importers.--
                    ``(A) Representation.--The Secretary shall appoint
                not more than 2 members who represent importers of
                dairy products and are subject to assessments under the
                order, to reflect the proportion of domestic production
                and imports supplying the United States market, which
                shall be based on the Secretary's determination of the
                average volume of domestic production of dairy products
                proportionate to the average volume of imports of dairy
                products in the United States over the previous three
                years.
                    ``(B) Additional members; nominations.--The members
                appointed under this paragraph--
                            ``(i) shall be in addition to the total
                        number of members appointed under paragraph
                        (2); and
                            ``(ii) shall be appointed from nominations
                        submitted by importers under such procedures as
                        the Secretary determines to be appropriate.''.
    (d) Importer Assessment.--Section 113(g) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
            (1) by inserting ``Assessments.--'' after ``(g)'';
            (2) by designating the first through fifth sentences as
        paragraphs (1) through (5), respectively, and indenting
        appropriately; and
            (3) by adding at the end the following:
            ``(6) Importers.--
                    ``(A) In general.--The order shall provide that
                each importer of imported dairy products shall pay an
                assessment to the Board in the manner prescribed by the
                order.
                    ``(B) Time for payment.--The assessment on imported
                dairy products shall be paid by the importer to Customs
                at the time of the entry of the products into the
                United States and shall be remitted by Customs to the
                Board. For purposes of this subparagraph, entry of the
                products into the United States shall be deemed to have
                occurred when the products are released from custody of
                Customs and introduced into the stream of commerce
                within the United States. Importers include persons who
                hold title to foreign-produced dairy products
                immediately upon release by Customs, as well as persons
                who act on behalf of others, as agents, brokers, or
                consignees, to secure the release of dairy products
                from Customs and the introduction of the released dairy
                products into the stream of commerce.
                    ``(C) Rate.--The rate of assessment on imported
                dairy products shall be determined in the same manner
                as the rate of assessment per hundredweight or the
                equivalent of milk.
                    ``(D) Value of products.--For the purpose of
                determining the assessment on imported dairy products
                under subparagraph (C), the value to be placed on
                imported dairy products shall be established by the
                Secretary in a fair and equitable manner.
                    ``(E) Use of Assessments on Imported Dairy.--
                Assessments collected on imported dairy products shall
                not be used for foreign market promotion.''.
    (e) Records.--Section 113(k) of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by
striking ``person receiving'' and inserting ``importer of imported
dairy products, each person receiving''.
    (f) Importer Eligibility to Vote in Referendum.--Section 116(b) of
the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is
amended--
            (1) in the first sentence--
                    (A) by inserting after ``of producers'' the
                following: ``and importers''; and
                    (B) by inserting after ``the producers'' the
                following: ``and importers''; and
            (2) in the second sentence, by inserting after ``commercial
        use'' the following: ``and importers voting in the referendum
        (who have been engaged in the importation of dairy products
        during the same representative period, as determined by the
        Secretary).''.

Summary: Dairy Promotion Fairness Act - Amends the Dairy Production Stabilization Act of 1983 to define imported dairy product and importer for purposes of the dairy promotion program. Directs the Secretary of Agriculture to appoint up to two qualifying dairy importers to the National Dairy Promotion and Research Board. Requires dairy importers to contribute to the dairy promotion program. Makes both importers and producers eligible to vote in referendums.

To amend the Dairy Production Stabilization Act of 1983 to ensure that all persons who benefit from the dairy promotion and research program contribute to the cost of the program, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shareholder Protection Act of
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Corporations make significant political contributions
        and expenditures that directly or indirectly influence the
        election of candidates and support or oppose political causes.
        Decisions to use corporate funds for political contributions
        and expenditures are usually made by corporate boards and
        executives, rather than shareholders.
            (2) Corporations, acting through their boards and
        executives, are obligated to conduct business for the best
        interests of their owners, the shareholders. Corporate boards
        and executives that use corporation funds to support and oppose
        political candidates, parties, and causes in opposition to the
        interests of their shareholders are not acting for the best
        interests of the corporation.
            (3) Historically, shareholders have not had a way to know,
        or to influence, the political activities of corporations they
        own. Shareholders and the public have a right to know how
        corporations are spending their funds to make political
        contributions or expenditures benefitting candidates, political
        parties, and political causes.
            (4) Corporations should be accountable to their
        shareholders prior to making political contributions or
        expenditures affecting local, State or Federal governance and
        public policy. Requiring the express approval of a
        corporation's shareholders prior to making political
        contributions or expenditures will establish necessary
        accountability.

SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.

    The Securities Exchange Act of 1934 is amended by adding after
section 14 the following new section:

``SEC. 14A. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES.

    ``(a) Affirmative Authorization.--No issuer may make any
expenditure for political activities in excess of $10,000 in any fiscal
year without first obtaining the written affirmative authorization for
such expenditure by a majority of all shareholders.
    ``(b) Nature of Decisions.--A decision to make a contribution or
expenditure for political activities in excess of $10,000 shall not be
considered a routine matter of the corporation under rules and
guidelines established by any national securities exchange or by the
Commission.
    ``(c) Fiduciary Duty; Liability.--A violation of subsection (a)
shall be considered a breach of a fiduciary duty of the officers and
directors who authorized such an expenditure. The officers and
directors who authorize such an expenditure without first obtaining
such authorization of shareholders shall be jointly and severally
liable in any action brought in any court of competent jurisdiction to
any shareholder or class of shareholders for the amount of such
expenditure.
    ``(d) Exemption for Certain Media.--The provisions of this section
shall not apply to an issuer whose sole business is the publication or
broadcasting of news, commentary, literature, music, entertainment,
artistic expression, scientific, historical or academic works, or other
forms of information. The Commission shall issue such guidance as it
determines necessary or appropriate regarding the extent of the
exemption provided by this subsection.
    ``(e) Definitions.--As used in this section the following
definitions apply:
            ``(1) Affirmative authorization.--The term `affirmative
        authorization' means the full, free, and written consent of a
        shareholder, obtained without intimidation or fear of reprisal,
        and shall not include votes made by a broker or any other
        representative.
            ``(2) Issue advocacy campaign.--The term `issue advocacy
        campaign' means any expenditure for any communication to the
        general public intended to encourage the public to contact a
        State or Federal Government official regarding pending
        legislation, public policy or government rule or regulation,
        but does not include contributions or expenditures for
        registered lobbyists employed by the corporation to lobby State
        or Federal Government officials directly.
            ``(3) Majority of all shareholders.--The term `majority of
        all shareholders' means number of shareholders that combined
        own more than 50 percent of all outstanding shares.
        Shareholders not casting votes shall not count toward such a
        majority.
            ``(4) Expenditure for political activities.--
                    ``(A) The term `expenditure for political
                activities' means--
                            ``(i) expenditures in support of, or
                        opposition to, any Federal, State, or local
                        candidate;
                            ``(ii) contributions to or expenditures in
                        support of any political party, committee,
                        electioneering communication, voter
                        registration campaign, ballot measure campaign,
                        or an issue advocacy campaign; and
                            ``(iii) dues or other payments to trade
                        associations or other tax exempt organizations
                        that are, or could reasonably be anticipated to
                        be, used for the purposes described in
                        subparagraphs (A) and (B).
                    ``(B) Such term shall not include--
                            ``(i) direct lobbying efforts through
                        registered lobbyists employed or hired by the
                        corporation;
                            ``(ii) communications by a corporation to
                        its stockholders and executive or
                        administrative personnel and their families;
                            ``(iii) nonpartisan registration and get-
                        out-the-vote campaigns by a corporation aimed
                        at its stockholders and executive or
                        administrative personnel and their families; or
                            ``(iv) the establishment, administration
                        and solicitation of contributions to a separate
                        segregated fund to be utilized for political
                        purposes by a corporation.''.

SEC. 4. REPORTING REQUIREMENTS.

    Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
    ``(m) Reporting Requirements Relating to Certain Political
Expenditures.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this subsection, the Commission shall modify
        its reporting rules under this section to require issuers to
        disclose quarterly any expenditure for political activities (as
        such term is defined in section 14A(e)(4)) made during the
        preceding quarter. Such a report shall be filed with the
        Commission and provided to shareholders and shall include--
                    ``(A) the date of the contributions or
                expenditures;
                    ``(B) the amount of the contributions or
                expenditures;
                    ``(C) the name or identity of the candidate,
                political party, committee, electioneering
                communication, voter registration campaign, ballot
                measure campaign or issue advocacy campaign;
                    ``(D) if the expenditures were made for or against
                a candidate, including an electioneering communication,
                the office sought by the candidate and the political
                party affiliation of the candidate;
                    ``(E) if the contributions or expenditures were
                made for or against a ballot measure, the purpose of
                the measure and whether the contributions or
                expenditures were made in support or opposition to the
                ballot measure; and
                    ``(F) if the contributions or expenditures were
                made for or against an issue advocacy campaign, the
                nature of the political issue and whether the
                contributions were made in support or opposition to the
                political issue.
            ``(2) Public availability.--The Commission shall ensure
        that, to the greatest extent practicable, the quarterly reports
        required by this subsection are publicly available through the
        Commission website in a manner that is searchable, sortable and
        downloadable, consistent with the requirements of section
        24.''.

SEC. 5. REPORT.

    On an annual basis, the Office of Management and Budget shall
conduct an audit on the compliance or noncompliance with the
requirements of this Act by public corporations, their management and
shareholders, as well as the effectiveness of the Securities and
Exchange Commission in meeting the reporting and disclosure
requirements of this Act. Not later than April 1 of each year, the
Office of Management and Budget shall submit to the President a report
on the audit activities required under this Act.

Summary: Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to prohibit an issuer from making any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure. Subjects to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure the officers and directors who authorize it without prior shareholder authorization. Prohibits rules and guidelines established by any national securities exchange or by the Securities and Exchange Commission (SEC) from considering as a routine corporate matter a decision to make a contribution or expenditure for political activities in excess of $10,000. Exempts from the shareholder prior approval requirement an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. Directs the SEC to require issuers to disclose quarterly any expenditure for political activities made during the preceding quarter. Requires such report to be filed with the SEC, provided to shareholders, and be made publicly available through the SEC website.

To amend the Securities Exchange Act of 1934 to require the express authorization of a majority of shareholders of a public company for certain political expenditures by that company, and for other purposes.