SECTION 1. TERMINATION OF TOBACCO PRICE SUPPORT AND MARKETING QUOTAS.

    (a) Termination of Tobacco Price Support.--The Agricultural Act of
1949 (7 U.S.C. 1421 et seq.) is amended--
            (1) in section 101 (7 U.S.C. 1441)--
                    (A) in subsection (a), by striking ``tobacco
                (except as otherwise provided herein), corn,'' and
                inserting ``corn'';
                    (B) by striking subsection (c); and
                    (C) in subsection (d)(3), by striking ``, except
                tobacco,'';
            (2) by striking section 106 (7 U.S.C. 1445);
            (3) by striking section 106A (7 U.S.C. 1445-1);
            (4) by striking section 106B (7 U.S.C. 1445-2); and
            (5) in section 408 (7 U.S.C. 1428)--
                    (A) in subsection (c), by striking ``tobacco,'';
                and
                    (B) in subsection (d), by adding before the period
                at the end the following: ``or tobacco''.
    (b) Termination of Tobacco Marketing Quotas.--Part I (sections 311
through 320B) of subtitle B of title III of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1311-1316) is repealed.
    (c) Conforming Amendments.--(1) Section 3 of Public Law 98-59 (7
U.S.C. 625) is repealed.
    (2) The Agricultural Adjustment Act of 1938 is further amended--
            (A) in section 301(b) (7 U.S.C. 1301(b))--
                    (i) by striking paragraphs (3)(C), (10)(B),
                (14)(B), (14)(C), (14)(D), (15), (16)(B), and (17);
                    (ii) in paragraph (6)(A), by striking ``tobacco,''
                    (iii) in the undesignated subparagraphs in
                paragraph (7), by striking
                    ``Tobacco (flue-cured), July 1-June 30;
                    ``Tobacco (other than flue-cured), October 1-
                September 30;''
                    (iv) in paragraph (11)(B), by striking ``and
                tobacco''; and
                    (v) in paragraph (12), by striking ``tobacco,'';
            (B) in section 303 (7 U.S.C. 1303), by striking ``rice, or
        tobacco'' and inserting ``or rice''; and
            (C) in section 372(b) (7 U.S.C. 1372(b)), by striking
        ``Except as provided in section 320B, the amount'' in the third
        sentence and inserting ``The amount''.
    (3) Section 703 of Public Law 89-321 (7 U.S.C. 1316; 79 Stat. 1210)
is amended by striking the second sentence.
    (4) The Act of July 12, 1952 (7 U.S.C. 1315; Chapter 709; 66 Stat.
597), is repealed.
    (d) Effective Date and Application of Amendments.--The amendments
made by this section shall take effect on January 1, 1995. Beginning on
that date, the Secretary of Agriculture shall terminate all loan
agreements entered into with tobacco producer associations under
section 106A of the Agricultural Adjustment Act of 1938 and provide for
the disposal of all funds in the No Net Cost Tobacco Fund of those
associations and the No Net Cost Tobacco Account of the Commodity
Credit Corporation.
    (e) Continued Liability of Producers.--An amendment made by this
section shall not affect the liability of any person under any
provision of law as in effect before the effective date of this
section.

SEC. 2. DISALLOWANCE OF DEDUCTION FOR CERTAIN ADVERTISING EXPENSES FOR
              TOBACCO PRODUCTS.

    (a) Deduction Disallowed.--Part IX of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to items not deductible) is
amended by adding at the end the following new section:

``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR CERTAIN ADVERTISING EXPENSES
              FOR TOBACCO PRODUCTS.

    ``(a) In General.--No deduction otherwise allowable under this
chapter shall be allowed for any amount paid or incurred as a consumer
sales promotion for any tobacco product.
    ``(b) Consumer Sales Promotion.--For purposes of this section, the
term `consumer sales promotion' means any of the following:
            ``(1) All radio and television commercials, newspaper and
        magazine advertisements, billboards, posters, signs, decals,
        matchbook advertising, advertising in movie theaters, and
        point-of-purchase display material (except price information)
        used for--
                    ``(A) promoting the sale of tobacco and tobacco
                products, or
                    ``(B) informing or influencing the general public
                (or any segment thereof) with respect to tobacco and
                tobacco products.
            ``(2) Any of the following incurred or provided primarily
        for purposes described in paragraph (1):
                    ``(A) Travel expenses (including meals and
                lodging).
                    ``(B) Any amount attributable to goods or services
                of a type generally considered to constitute
                entertainment, amusement, or recreation or to the use
                of a facility in connection with the providing of such
                goods or services.
                    ``(C) Gifts.
                    ``(D) Other promotion expenses.
            ``(3) Advertising promotion allowances.
            ``(4) Premiums and samples.
            ``(5) Sponsorships of athletic, artistic, or other events
        under the registered brand name of a tobacco product unless the
        brand name is the name of a corporation in existence on July 1,
        1994.
            ``(6) Marketing of nontobacco products or services bearing
        the registered brand name or logo of a tobacco product unless
        the brand name is the name of a corporation in existence on
        July 1, 1994.
            ``(7) Displaying the registered brand name or logo of a
        tobacco product on cars, boats, animals, or other sporting
        equipment or on nontobacco products or services which are sold
        unless the brand name is the name of a corporation in existence
        on July 1, 1994.
            ``(8) Payment to have a registered brand name of a tobacco
        product appear in a movie or play unless the brand name is the
        name of a corporation in existence on July 1, 1994.
    ``(c) Tobacco Product.--For purposes of this section, the term
`tobacco product' means cigarettes, cigars, smokeless tobacco, pipe
tobacco, or any similar tobacco product. For purposes of the preceding
sentence, the terms `cigarette', `cigar', and `smokeless tobacco' have
the respective meanings given to such terms by section 5702.''
    (b) Conforming Amendment.--The table of sections for such part IX
is amended by adding at the end thereof the following new item:

                              ``Sec. 280I. Disallowance of deduction
                                        for certain advertising
                                        expenses for tobacco
                                        products.''
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.

SEC. 3. ESTABLISHMENT OF ANTI-TOBACCO USE TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:

``SEC. 9512. ANTI-TOBACCO USE TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Anti-Tobacco Use
Trust Fund', consisting of such amounts as may be appropriated or
credited to such Trust Fund as provided in this section or section
9602(b).
    ``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Anti-Tobacco Use Trust Fund amounts equivalent to 50 percent of the
increase in revenues to the Treasury attributable to section 280I
(relating to disallowance of deduction for certain advertising expenses
for tobacco products).
    ``(c) Anti-Drugs in Schools Account.--
            ``(1) In general.--There is established in the Anti-Tobacco
        Use Trust Fund a separate account to be known as the `Anti-
        Drugs in Schools Account' consisting of such amounts as may be
        transferred or credited to such account as provided in this
        section or section 9602(b).
            ``(2) Transfers to account.--The Secretary of the Treasury
        shall transfer to the Anti-Drugs in Schools Account amounts
        equivalent to 50 percent of the amounts appropriated to the
        Anti-Tobacco Use Trust Fund under subsection (b).
            ``(3) Expenditures from account.--Amounts in the Anti-Drugs
        in Schools Account shall be available, as provided in
        appropriation Acts, for making expenditures for purposes of
        carrying out the programs developed under title V of the
        Elementary and Secondary Education Act of 1965.
    ``(d) Anti-Tobacco Use Advertising Account.--
            ``(1) In general.--There is established in the Anti-Tobacco
        Use Trust Fund a separate account to be known as the `Anti-
        Tobacco Use Advertising Account', consisting of such amounts as
        may be transferred or credited to such account as provided in
        this section or section 9602(b).
            ``(2) Transfers to account.--The Secretary of the Treasury
        shall transfer to the Anti-Tobacco Use Advertising Account
        amounts equivalent to 50 percent of the amounts appropriated to
        the Anti-Tobacco Use Trust Fund under subsection (b).
            ``(3) Expenditures from account.--Amounts in the Anti-
        Tobacco Use Advertising Account shall be available, as provided
        in appropriation Acts, for purposes of the program carried out
        under section 1709 of the Public Health Service Act.''
    (b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end thereof the following new item:

                              ``Sec. 9512. Anti-Tobacco Use Trust
                                        Fund.''

SEC. 4. ESTABLISHMENT OF ANTI-TOBACCO ADVERTISING CAMPAIGN.

    Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following section:

                ``anti-tobacco use advertising campaign

    ``Sec. 1709. With amounts available under section 9512(d) of the
Internal Revenue Code of 1986 (relating to the Anti-Tobacco Use Trust
Fund), the Secretary shall carry out a program of advertising to
educate the public on the risks to health that result from the use of
tobacco products.''.

Summary: Amends the Agricultural Act of 1949 to terminate the tobacco price support program. Amends the Agricultural Adjustment Act of 1938 to terminate the tobacco marketing quota program. Amends the Internal Revenue Code to disallow the deduction for certain advertising expenses for tobacco products. Establishes in the Treasury the Anti-Tobacco Use Trust Fund. Establishes in the Fund: (1) the Anti-Drugs in Schools Account. And (2) the Anti-Tobacco Use Advertising Account. Transfers to the Fund and the Accounts specified revenues resulting from the tobacco advertising deduction disallowance. Amends the Public Health Service Act to establish a public education program about the health risks of tobacco products.

To terminate price support and marketing quotas for tobacco, disallow the income tax deduction for certain advertising expenses for tobacco products, and to establish a trust fund to support anti-drugs and anti-tobacco use activities.


SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Children's Act for
Responsible Employment of 2001'' or ``CARE Act''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.).

SEC. 2. AGRICULTURAL EMPLOYMENT.

    Section 13(c) (29 U.S.C. 213(c)) is amended--
            (1) by striking paragraph (1) and inserting the following:
    ``(1) The provisions of section 12 relating to child labor shall
not apply to any employee employed in agriculture outside of school
hours in the school district where such employee is living while he or
she is so employed, if such employee is employed by his or her parent,
grandparent, aunt, uncle, first cousin, or legal guardian, on a farm
that is owned or operated by such parent, grandparent, aunt, uncle,
first cousin, or legal guardian.''; and
            (2) by striking paragraphs (2) and (4).

SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.

    (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is
amended in the first sentence--
            (1) by striking ``$10,000'' and inserting ``$15,000'';
            (2) by inserting after ``subject to a civil penalty of''
        the following: ``not less than $500 and''.
    (b) Penalties for Violations Resulting in Serious Bodily Injury,
Serious Illness, or Death.--Section 16 (29 U.S.C. 216) is amended by
adding at the end the following:
    ``(f) Any employer who violates section 12 shall be liable for such
legal or equitable relief as may be appropriate where such violation
results in serious bodily injury to, serious illness, or the death of a
minor. An action to recover such relief may be brought against any
employer in a Federal or State court of competent jurisdiction, without
regard to the amount in controversy, by any employee subject to the
protections of section 12 or by the employee's legal guardian or the
employee's survivors. The court in such action shall, in addition to
any other judgment awarded to the plaintiff, allow a reasonable
attorney's fee to be paid by the defendant and the costs of the action.
If the employee, the employee's legal guardian, or the employee's
survivors collect a judgment under this subsection and also seek
recovery for the same violation through State worker's compensation
laws, the provisions of this subsection shall not be construed to
prohibit a State from electing to offset recovery obtained under this
subsection against recovery provided through such State worker's
compensation laws. A court, in a case described in the preceding
sentence, may consider the amount recovered under any State worker's
compensation laws in awarding relief under this subsection.''.
    (c) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is
amended by adding at the end the following: ``Any person who violates
the provisions of section 15(a)(4), concerning oppressive child labor,
shall on conviction be subject to a fine of not more than $15,000
(notwithstanding any provision of section 3571 of title 18, United
States Code, to the contrary), or to imprisonment for not more than 5
years, or both, in the case of a willful or repeat violation that
results in or contributes to a fatality of a minor employee or a
permanent disability of a minor employee, or a violation which is
concurrent with a criminal violation of any other provision of this Act
or of any other Federal or State law.''.
    (d) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to preempt any State law that provides
protections or remedies for employees that are greater than the
protections or remedies provided under such amendments.

SEC. 4. REPORTING AND RECORD-KEEPING.

    Section 12 (29 U.S.C. 212) is amended by adding at the end the
following:
    ``(e)(1) The Secretary and the Director of the Bureau of the Census
of the United States shall biannually compile data from respective
State employment security agencies and from other sources in all the
States concerning--
            ``(A) the types of industries and occupations in which
        children under the age of 18 are employed; and
            ``(B) cases in which it was determined that children were
        employed in violation of this section.
    ``(2) Each employer who employs an individual in a State under the
age of 18 shall report to the State employment security agency in the
State on any injury to such individual that results in lost employment
time or any illness such individual incurred while at work. Such report
shall include the age of the individual, the nature of the job in which
the individual is employed (including large-scale, commercial
agriculture), the circumstances surrounding the injury or illness to
such individual, and the report of the physician and health care
facility which dealt with such injury or illness.
    ``(3) Beginning on January 1, 2003, the Secretary, in conjunction
with the Secretary of Health and Human Services, shall issue a biannual
report on the status of child labor in the United States and its
attendant safety and health hazards.''.

SEC. 5. COORDINATION.

    Section 4 (29 U.S.C. 204) is amended by adding at the end the
following:
    ``(g) The Secretary shall encourage and establish closer working
relationships with non-governmental organizations and with State and
local government agencies having responsibility for administering and
enforcing labor and safety and health laws. Upon the request of the
Secretary, and to the extent permissible under applicable law, State
and local government agencies with information regarding injuries and
deaths of employees shall submit such information to the Secretary for
use as appropriate in the enforcement of section 12 and in the
promulgation and interpretation of the regulations and orders
authorized by section 3(l). The Secretary may reimburse such State and
local government agencies for such services.''.

SEC. 6. REGULATIONS.

    Not later than ____ days after the date of enactment of this Act,
the Secretary of Labor shall promulgate regulations to carry out this
Act and the amendments made by this Act. Such regulations shall take
effect not later than ____ days after the date of such promulgation.

SEC. 7. AUTHORIZATION.

    There is authorized to be appropriated to the Secretary of Labor
such sums as may be necessary for to carry out this Act and the
amendments made by this Act.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date on
which the regulations promulgated under section 6 take effect.

Summary: Children's Act for Responsible Employment of 2001 - CARE Act - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment. Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. Increases civil and criminal penalties for child labor violations. Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed. And (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work. Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.

A bill to amend the Fair Labor Standards Act of 1938 to reform the provisions relating to child labor.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Partial Hospitalization Services
Integrity Act of 1997''.

SEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES.

    (a) In General.--Section 1861(ff)(2) of the Social Security Act (42
U.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph
(I)--
            (1) by striking ``and furnished'' and inserting
        ``furnished''; and
            (2) by inserting before the period the following: ``, and
        furnished other than in a skilled nursing facility or in an
        individual's personal residence''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to partial hospitalization services furnished on or after the
first day of the third month beginning after the date of the enactment
of this Act.

SEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS.

    Section 1861(ff)(3)(B) of the Social Security Act (42 U.S.C.
1395x(ff)(3)(B)) is amended by striking ``entity'' and all that follows
and inserting the following: ``entity that--
            ``(i) provides the mental health services described in
        paragraph (1) of section 1913(c) of the Public Health Service
        Act;
            ``(ii) meets applicable licensing or certification
        requirements for community mental health centers in the State
        in which it is located; and
            ``(iii) meets such additional conditions as the Secretary
        may specify to ensure (I) the health and safety of individuals
        being furnished such services, (II) the effective or efficient
        furnishing of such services, and (III) the compliance of such
        entity with the criteria described in such section.''.

SEC. 4. RE-ENROLLMENT OF PROVIDERS OF CMHC PARTIAL HOSPITALIZATION
              SERVICES.

    (a) In General.--With respect to each community mental health
center that furnishes partial hospitalization services for which
payment is made under title XVIII of the Social Security Act, the
Secretary of Health and Human Services shall provide for periodic re-
certification to ensure that the provision of such services complies
with section 1913(c) of the Public Health Service Act.
    (b) Deadline for First Re-certification.--The first re-
certification under subsection (a) shall be completed not later than 1
year after the date of the enactment of this Act.

SEC. 5. PROSPECTIVE PAYMENT SYSTEM FOR PARTIAL HOSPITALIZATION
              SERVICES.

    (a) Establishment of System.--Section 1833 of the Social Security
Act (42 U.S.C. 1395l) is amended by inserting after subsection (o) the
following:
    ``(p)(1) The Secretary may establish by regulation a prospective
payment system for partial hospitalization services provided by a
community mental health center or by a hospital to its outpatients. The
system shall provide for appropriate payment levels for efficient
centers and take into account payment levels for similar services
furnished by other efficient entities.
    ``(2) A prospective payment system established pursuant to
paragraph (1) shall provide for payment amounts for--
            ``(A) the first year in which such system applies, at a
        level so that, as estimated by the Secretary, the total
        aggregate payments under this part (including payments
        attributable to deductibles and coinsurance) are equal to the
        total aggregate payments that would have otherwise been made
        under this part if such system had not been implemented; and
            ``(B) each subsequent year, in an amount equal to the
        payment amount provided for under this paragraph for the
        preceding year updated by the percentage increase in the
        consumer price index for all urban consumers (all items; United
        States city average) for the 12-month period ending with
        September of that preceding year.''.
    (b) Coinsurance.--Section 1866(a)(2)(A) of such Act (42 U.S.C.
1395cc(a)(2)(A)) is amended by adding at the end the following: ``In
the case of services described in section 1832(a)(2)(J), clause (ii) of
the first sentence of this subparagraph shall be applied by
substituting the payment basis established under section 1833(p) for
the reasonable charges.''.
    (c) Conforming Amendments.--(1) Section 1832(a)(2) of such Act (42
U.S.C. 1395k(a)(2)) is amended--
            (A) in subparagraph (B), by striking ``or subparagraph
        (I)'' and inserting ``, (I), or (J)''; and
            (B) in subparagraph (J), by striking ``provided by a
        community mental health center (as described in section
        1861(ff)(2)(B))''.
    (2) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended--
            (A) in paragraph (2) preceding subparagraph (A), by
        striking ``(H), and (I)'' and inserting ``(H), (I), and (J)'';
            (B) by striking ``and'' at the end of paragraph (8);
            (C) by striking the period at the end of paragraph (9) and
        inserting ``; and''; and
            (D) by adding at the end the following new paragraph:
            ``(10) in the case of partial hospitalization services, 80
        percent of the payment basis under the prospective payment
        system established under section 1833(p).''.
    (d) Effective Date.--The amendments made by subsections (b) and (c)
apply to services furnished on or after January 1 of the first year
that begins at least 6 months after the date on which regulations are
issued under section 1833(p) of such Act (42 U.S.C. 1395l(p)) as
inserted by subsection (a).

SEC. 6. DEMONSTRATION FOR IMPROVED PARTIAL HOSPITALIZATION SERVICES.

    (a) Establishment.--
            (1) In general.--The Secretary of Health and Human Services
        shall implement a demonstration project (in this section
        referred to as the ``project'') under part B of title XVIII of
        the Social Security Act under which community mental health
        centers may offer expanded partial hospitalization services
        (described in paragraph (2)) for purposes of providing for a
        full continuum of ambulatory behavioral health care services.
            (2) Additional mental health services described.--For
        purposes of paragraph (1), the expanded partial hospitalization
        services are outpatient mental health services and such other
        mental health services as the Secretary determines appropriate
        which are not partial hospitalization services as defined in
        section 1861(ff)(1) of such Act (42 U.S.C. 1395x(ff)(1)).
    (b) Selection of Centers.--For purposes of implementing such
project, the Secretary shall select for participation in the project
community mental health centers that serve populations in 3 different
States, 1 of which predominantly serves rural populations.
    (c) Capitated Payment.--Under this project, payment for expanded
partial hospitalization services shall be made on a capitated basis.
    (d) Waiver Authority.--The Secretary may waive such provisions of
title XVIII of the Social Security Act as the Secretary deems necessary
to conduct the project established under this section.
    (e) Evaluation and Report.--
            (1) Evaluation.--The Secretary shall evaluate the project.
        Such evaluation shall include an examination of--
                    (A) the project's effect on the health and well-
                being of beneficiaries;
                    (B) any savings to the medicare program by reason
                of capitated payments for partial hospitalization
                services;
                    (C) the impact of basing payment for such services
                on a capitated basis; and
                    (D) the project's effect on utilization of
                inpatient services (including inpatient mental health
                services) and associated costs.
            (2) Report.--Not later than 4 years after the date of the
        enactment of this Act, the Secretary shall submit to Congress a
        report containing a statement of the findings and conclusions
        of the Secretary pursuant to the evaluation conducted under
        paragraph (1), together with any recommendations for
        legislation the Secretary considers appropriate with respect
        to--
                    (A) the provision of additional mental health
                services by community mental health centers under
                partial hospitalization services; and
                    (B) payment for such services on a capitated basis.
    (f) Duration.--The project shall be conducted for a 3 year period.

Summary: Partial Hospitalization Services Integrity Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) deny coverage of partial hospitalization services in home and skilled nursing home settings. (2) provide for new qualifications for community mental health centers as the Secretary of Health and Human Services may specify to ensure the health and safety of individuals being furnished mental health services and the effective or efficient furnishing of such services. And (3) authorize the Secretary to establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or hospital to its outpatients. Directs the Secretary to: (1) provide for periodic re-certification to ensure that the provision of such services complies with appropriate criteria under the Public Health Service Act. And (2) implement a demonstration project under Medicare part B under which community mental health centers may offer expanded partial hospitalization services which are not currently covered as such under Medicare for purposes of providing for a full continuum of ambulatory behavioral health care services.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Value-Added Development Act for
American Agriculture''.

SEC. 2. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.

    (a) Purposes.--The purposes of this section are to carry out a
demonstration program under which agricultural producers are provided--
            (1) technical assistance, including engineering services,
        applied research, scale production, and similar services to
        enable the producers to establish businesses for further
        processing of agricultural products;
            (2) marketing, market development, and business planning;
            (3) overall organizational, outreach, and development
        assistance to increase the viability, growth, and
        sustainability of value-added agricultural businesses.
    (b) Nature of Program.--The Secretary of Agriculture (in this
section referred to as the ``Secretary'') shall--
            (1) make grants to eligible applicants for the purposes of
        enabling the applicants to obtain the assistance described in
        subsection (a); and
            (2) provide assistance to eligible applicants through the
        research and technical services of the Department of
        Agriculture.
    (c) Eligibility Requirements.--
            (1) In general.--An applicant shall be eligible for a grant
        and assistance described in subsection (b) to establish an
        Agriculture Innovation Center if--
                    (A) the applicant--
                            (i) has provided services similar to those
                        described in subsection (a); or
                            (ii) shows the capability of providing the
                        services;
                    (B) the application of the applicant for the grant
                and assistance sets forth a plan, in accordance with
                regulations which shall be prescribed by the Secretary,
                outlining support of the applicant in the agricultural
                community, the technical and other expertise of the
                applicant, and the goals of the applicant for
                increasing and improving the ability of local producers
                to develop markets and processes for value-added
                agricultural products;
                    (C) the applicant demonstrates that resources (in
                cash or in kind) of definite value are available, or
                have been committed to be made available, to the
                applicant, to increase and improve the ability of local
                producers to develop  markets and processes for value-
added agricultural products; and
                    (D) the applicant meets the requirement of
                paragraph (2).
            (2) Board of directors.--The requirement of this paragraph
        is that the applicant shall have a board of directors comprised
        of representatives of the following groups:
                    (A) The 2 general agricultural organizations with
                the greatest number of members in the State in which
                the applicant is located.
                    (B) The Department of Agriculture or similar State
                organization or department, for the State.
                    (C) Organizations representing the 4 highest
                grossing commodities produced in the State, according
                to annual gross cash sales.
    (d) Grants and Assistance.--
            (1) In general.--Subject to the availability of
        appropriations, the Secretary shall make annual grants to
        eligible applicants under this section, each of which grants
        shall not exceed the lesser of--
                    (A) $1,000,000; or
                    (B) twice the dollar value of the resources (in
                cash or in kind) that the applicant has demonstrated
                are available, or have been committed to be made
                available, to the applicant in accordance with
                subsection (c)(1)(C).
            (2) Initial limitation.--In the first year of the
        demonstration program under this section, the Secretary shall
        make grants under this section, on a competitive basis, to not
        more than 10 eligible applicants.
            (3) Expansion of demonstration program.--In the second year
        of the demonstration program under this section, the Secretary
        may make grants under this section to not more than 10 eligible
        applicants, in addition to any entities to which grants are
        made under paragraph (2) for such year.
            (4) State limitation.--In the first 3 years of the
        demonstration program under this section, the Secretary shall
        not make a Agricultural Innovation Center Demonstration Program
        grant under this section to more than 1 entity in any State.
    (e) Use of Funds.--An entity to which a grant is made under this
section may use the grant only for the following purposes:
            (1) Applied research.
            (2) Consulting services.
            (3) Office equipment.
            (4) Hiring of employees, at the discretion of the board of
        directors of the entity.
            (5) The making of matching grants, each of which shall be
        not more than $5,000, to agricultural producers, so long as the
        aggregate amount of all such matching grants shall be not more
        than $50,000.
            (6) Legal services.
    (f) Limitations on Authorization of Appropriations.--For grants and
assistance under this section, there are authorized to be appropriated
to the Secretary not more than--
            (1) $10,000,000 for fiscal year 2002;
            (2) $20,000,000 for each of fiscal years 2003 and 2004.
    (g) Report on Best Practices.--
            (1) Effects on the agricultural sector.--The Secretary
        shall utilize $300,000 per year of the funds appropriated
        pursuant to this section to support research at a land-grant
        university into the effects of value-added projects on
        agricultural producers and the commodity markets. The research
        should systematically examine possible effects on demand for
        agricultural commodities, market prices, farm income, and
        Federal outlays on commodity programs using linked, long-term,
        global projections of the agricultural sector.
            (2) Department of agriculture.--Not later than 3 years
        after the first 10 grants are made under this section, the
        Secretary shall prepare and submit to the Committee on
        Agriculture, Nutrition, and Forestry of the Senate and to the
        Committee on Agriculture of the House of Representatives a
        written report on the effectiveness of the demonstration
        program conducted under this section at improving the
        production of value-added agricultural products and on the
        effects of the program on the economic viability of the
        producers, which shall include the best practices and
        innovations found at each of the Agriculture Innovation Centers
        established under the demonstration program under this section,
        and detail the number and type of agricultural projects
        assisted, and the type of assistance provided, under this
        section.

Summary: Value-Added Development Act for American Agriculture - Directs the Secretary of Agriculture to make grants to eligible applicants for an agricultural innovation center demonstration program to assist value-added agricultural businesses. Authorizes up to ten initial grants. Sets forth permitted fund uses.

To provide for grants to assist value-added agricultural businesses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Dissenting Viewpoints and
Voices Act of 2017''.

SEC. 2. VIEWPOINT PROTECTION.

    (a) Actions by FCC.--Title I of the Communications Act of 1934 (47
U.S.C. 151 et seq.) is amended by adding at the end the following:

``SEC. 13. VIEWPOINT PROTECTION.

    ``(a) Prohibition Against Retaliation on Basis of Viewpoint.--The
Commission may not revoke any license or other authorization of, or
otherwise take action against, any person on the basis, in whole or in
part, of viewpoints taken, or not taken, on issues of public importance
in content that is broadcast or otherwise disseminated by such person
or any person affiliated with such person.
    ``(b) Prohibition Against Conditions on Viewpoint in Transaction
Review.--The Commission may not place on any approval under subsections
(a), (b), and (c) of section 214 or section 310(d) any condition with
respect to viewpoints to be taken, or not taken, on issues of public
importance in content broadcast or otherwise disseminated by the person
seeking such approval, any successor of such person, or any person
affiliated with such person or successor.
    ``(c) No Effect on Certain Other Authority of Commission.--Nothing
in this section shall be construed to affect the authority of the
Commission to take action on the basis of, or to place a condition on
an approval described in subsection (b) with respect to--
            ``(1) a violation of--
                    ``(A) section 1304 of title 18, United States Code,
                or conduct that would constitute a violation of such
                section if content disseminated by means other than
                radio or television broadcast were disseminated by
                means of radio or television broadcast;
                    ``(B) section 1343 of such title; or
                    ``(C) section 1464 of such title, or conduct that
                would constitute a violation of such section if content
                disseminated by means other than radio communication
                were disseminated by means of radio communication;
            ``(2) a violation of, or conduct that the Commission has
        the authority to require or prohibit under, section 312(a)(7),
        315, or 317 of this Act;
            ``(3) any public interest obligation under this Act of the
        person broadcasting or otherwise disseminating the content
        involved; or
            ``(4) the broadcast or other dissemination of content that
        constitutes incitement under the First Amendment to the
        Constitution.''.
    (b) Actions at Direction of President.--
            (1) Retaliation on basis of viewpoint.--The President may
        not direct an agency to take any action against any person on
        the basis, in whole or in part, of viewpoints taken, or not
        taken, on issues of public importance in content that is
        broadcast or otherwise disseminated by such person or any
        person affiliated with such person.
            (2) Conditions on approvals or other decisions.--The
        President may not direct an agency to place on any approval or
        other decision within the jurisdiction of the agency any
        condition with respect to viewpoints to be taken, or not taken,
        on issues of public importance in content broadcast or
        otherwise disseminated by the person seeking such approval or
        other decision, any successor of such person, or any person
        affiliated with such person or successor.
            (3) No effect on certain other authority of president.--
        Nothing in this subsection shall be construed to affect the
        authority of the President--
                    (A) to direct an agency to take action on the basis
                of, or to place a condition on an approval or other
                decision within the jurisdiction of the agency, with
                respect to--
                            (i) a violation of--
                                    (I) section 1304 of title 18,
                                United States Code, or conduct that
                                would constitute a violation of such
                                section if content disseminated by
                                means other than radio or television
                                broadcast were disseminated by means of
                                radio or television broadcast;
                                    (II) section 1343 of such title; or
                                    (III) section 1464 of such title,
                                or conduct that would constitute a
                                violation of such section if content
                                disseminated by means other than radio
                                communication were disseminated by
                                means of radio communication; or
                            (ii) the broadcast or other dissemination
                        of content that constitutes incitement under
                        the First Amendment to the Constitution; or
                    (B) to execute the duties of the President under
                any provision of law.
            (4) Agency defined.--In this subsection, the term
        ``agency'' has the meaning given such term in section 551 of
        title 5, United States Code.

Summary: Protecting Dissenting Viewpoints and Voices Act of 2017 This bill amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from using the viewpoints that a person broadcasts or otherwise disseminates on issues of public importance as a basis for: (1) revoking the person's licenses or authorizations, (2) taking action against the person. Or (3) placing conditions on the FCC's approval of the assignment or transfer of a station license or construction permit or the construction, extension, acquisition, operation, or discontinuation of a communications line. The bill also prohibits the President from directing an agency to take actions against a person, or to condition agency approvals, based on a person's broadcasted or disseminated viewpoints. Nothing in this bill affects the authority of the FCC or the President to take action against violations concerning the broadcast of: (1) obscene or indecent language, fraudulent schemes, or lottery information. Or (2) content constituting incitement under the First Amendment. The FCC may continue to enforce broadcast requirements that: (1) permit candidates to federal elective office to purchase reasonable broadcast time, (2) allow equal broadcast opportunities for all candidates for public office, and (3) require disclosures of paid broadcasts. The President may continue to direct agencies to take actions to execute the President's legal duties.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National MS and Parkinson's Disease
Registries Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Multiple sclerosis (referred to in this section as
        ``MS'') is a progressive, disabling disease that affects the
        brain and the spinal cord causing loss of myelin, damage to
        axons, and cerebral atrophy.
            (2) MS is a prime-of-life disease with an average age of
        onset at 30 to 35 years of age.
            (3) More than 10,000 individuals in the United States are
        diagnosed with MS annually, and it is thought that more than
        400,000 individuals in the United States have MS.
            (4) Parkinson's disease is a chronic, progressive
        neurological disease. The primary pathologic feature of
        Parkinson's disease is degeneration and premature death of
        dopamine-producing brain cells.
            (5) Parkinson's is the second-most common neurodegenerative
        disease in the United States.
            (6) It is estimated that more than 1,000,000 Americans are
        currently fighting Parkinson's disease, and 60,000 Americans
        are newly diagnosed every year.
            (7) Although estimates exist, there is no confirmed data
        regarding prevalence or diagnosed cases of Parkinson's disease
        or MS.
            (8) The causes of Parkinson's disease and MS are not well
        understood.
            (9) There is no known cure for Parkinson's disease or MS.
            (10) Studies have found relationships between both MS and
        Parkinson's disease and environmental and genetic factors, but
        those relationships are not well understood.
            (11) Better data are needed to understand the economic
        impact of Parkinson's disease, MS, and other neurological
        diseases.
            (12) There are several drugs currently approved by the Food
        and Drug Administration for the treatment of MS, which have
        shown modest success in reducing relapses, slowing progression
        of disability, and limiting the accumulation of brain lesions.
            (13) Currently, state-of-the-art treatment for Parkinson's
        disease is based on a 40-year-old pharmaceutical therapy, which
        only treats some of the motor symptoms of Parkinson's disease.
        Deep brain stimulation surgery is available for certain
        patients and treats some symptoms of Parkinson's disease.
            (14) No therapies exist that will slow or stop progression
        of Parkinson's disease. There is no effective, lasting therapy
        for all features of Parkinson's disease.
            (15) Central nervous system drugs, including therapies for
        MS, Parkinson's disease, and other neurological diseases, are
        the slowest in the drug development pipeline, taking an average
        of 15 years post discovery for new therapies to reach the
        market.
            (16) Several small and uncoordinated MS and Parkinson's
        disease registries, surveillance systems, and databases exist
        in the United States and throughout the world.
            (17) A single national system to collect and store
        information on the incidence and prevalence of MS, Parkinson's
        disease, or other neurological diseases in the United States
        does not exist.
            (18) The Agency for Toxic Substances and Disease Registry
        (ATSDR) has established a series of small pilot studies,
        beginning in fiscal year 2006, to evaluate the feasibility of
        various methodologies to create an MS surveillance system at
        the national level.
            (19) The national surveillance system methodology resulting
        from the MS pilot studies should be expanded upon and developed
        into a national surveillance system for Parkinson's disease.
            (20) The establishment of separate, coordinated national
        surveillance systems for Parkinson's disease and MS will help--
                    (A) to identify the incidence and prevalence of
                these diseases in the United States;
                    (B) to collect demographic and other data important
                to the study of MS and Parkinson's disease;
                    (C) to produce epidemiologically sound data that
                can be used to compare with cluster information, data
                sets of the Department of Veterans Affairs,
                environmental exposure data, and other information;
                    (D) to promote a better understanding of causes,
                prevention, and treatment of disease;
                    (E) to better understand public and private
                resource impact;
                    (F) to collect information that is important for
                research into genetic and environmental risk factors;
                    (G) to enhance biomedical and clinical research by
                providing a basis for population comparisons;
                    (H) to enhance efforts to develop better diagnosis
                and progression biomarkers for MS and Parkinson's
                disease; and
                    (I) to enhance efforts to find treatments and a
                cure for MS and Parkinson's disease.

SEC. 3. SURVEILLANCE SYSTEMS.

    Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended--
            (1) by redesignating the second and third sections 399R
        (added by section 2 of Public Law 110-373 and section 3 of
        Public Law 110-374) as sections 399S and 399T, respectively;
        and
            (2) by adding at the end the following:

``SEC. 399U. SURVEILLANCE OF NEUROLOGICAL DISEASES.

    ``(a) Multiple Sclerosis National Surveillance System.--
            ``(1) In general.--Not later than 1 year after receipt of
        the report described in subsection (c)(3), the Secretary,
        acting through the Director of the Agency for Toxic Substances
        and Disease Registry and in consultation with a national
        voluntary health organization with experience serving the
        population of individuals with multiple sclerosis (referred to
        in this section as `MS'), shall--
                    ``(A) develop a system to collect data on MS
                including information with respect to the incidence and
                prevalence of the disease in the United States;
                    ``(B) establish a national surveillance system for
                the collection and storage of such data to include a
                population-based registry of cases of MS in the United
                States;
                    ``(C) assist in application of MS national
                surveillance system methodologies for the development,
                piloting, and implementation of a national Parkinson's
                disease national surveillance system under subsection
                (b); and
                    ``(D) provide analysis regarding expansion of
                national disease surveillance systems for other
                neurological diseases and disorders utilizing the MS
                and Parkinson's disease national surveillance systems'
                process and structure.
            ``(2) Purpose.--It is the purpose of the registry
        established under paragraph (1)(B) to gather available data
        concerning--
                    ``(A) MS, including the incidence and prevalence of
                MS in the United States;
                    ``(B) the age, race or ethnicity, gender, military
                service if applicable, and family history of
                individuals who are diagnosed with the disease; and
                    ``(C) other matters as recommended by the Advisory
                Committee established pursuant to subsection (c).
    ``(b) Parkinson's Disease National Surveillance System.--
            ``(1) In general.--Not later than 1 year after the receipt
        of the report described in subsection (c)(3), the Secretary,
        acting through the Director of the Agency for Toxic Substances
        and Disease Registry and in consultation with a national
        voluntary health organization with experience serving the
        population of individuals with Parkinson's disease, shall--
                    ``(A) develop a system to collect data on
                Parkinson's disease including information with respect
                to the incidence and prevalence of the disease in the
                United States;
                    ``(B) establish a national surveillance system for
                the collection and storage of such data to include a
                population-based registry of cases of Parkinson's
                disease in the United States; and
                    ``(C) provide analysis regarding expansion of
                national disease surveillance systems for other
                neurological diseases utilizing the MS and Parkinson's
                disease national surveillance systems' process and
                structure.
            ``(2) Purpose.--It is the purpose of the registry
        established under paragraph (1)(B) to gather available data
        concerning--
                    ``(A) Parkinson's disease, including the incidence
                and prevalence of Parkinson's disease in the United
                States;
                    ``(B) the age, race or ethnicity, gender, military
                service if applicable, and family history of
                individuals who are diagnosed with the disease; and
                    ``(C) other matters as recommended by the Advisory
                Committee established pursuant to subsection (c).
    ``(c) Advisory Committee.--
            ``(1) Establishment.--Not later than 180 days after the
        date of the enactment of this section, the Secretary, acting
        through the Director of the Agency for Toxic Substances and
        Disease Registry, shall establish a committee to be known as
        the Advisory Committee on Neurological Disease Registries
        (referred to in this section as the `Advisory Committee'). The
        Advisory Committee shall be composed of at least one member, to
        be appointed by the Secretary, acting through the Director of
        the Agency for Toxic Substances and Disease Registry,
        representing each of the following:
                    ``(A) National voluntary health associations that
                focus solely on MS and have demonstrated experience in
                MS research, care, or patient services.
                    ``(B) National voluntary health associations that
                focus solely on Parkinson's disease and have
                demonstrated experience in Parkinson's disease public
                policy, research, care, or patient services.
                    ``(C) The National Institutes of Health, to
                include, upon the recommendation of the Director of the
                National Institutes of Health, representatives from the
                Office of Portfolio Analysis and Strategic Initiatives,
                the National Institute of Neurological Disorders and
                Stroke, the National Institute of Environmental Health
                Sciences, the National Institute on Aging, and the
                National Institute of Allergy and Infectious Diseases.
                    ``(D) The Department of Veterans Affairs, to
                include representatives from the Parkinson's Disease
                Research Education and Clinical Centers and the MS
                Centers of Excellence.
                    ``(E) The Department of Defense, to include
                representatives from the Parkinson's disease and MS
                research programs.
                    ``(F) The Food and Drug Administration.
                    ``(G) The Centers for Disease Control and
                Prevention, to include representatives from the Agency
                for Toxic Substances and Disease Registry.
                    ``(H) Patients with MS and Parkinson's disease or
                their family members.
                    ``(I) Clinicians with expertise on MS and
                Parkinson's disease.
                    ``(J) Research scientists with experience
                conducting translational research or creating systems
                that support translating basic discoveries into
                treatments.
                    ``(K) Epidemiologists with experience in data
                registries.
                    ``(L) Geneticists or experts in genetics who have
                experience with the genetics of MS and Parkinson's
                disease.
                    ``(M) Statisticians.
                    ``(N) Bioethicists.
                    ``(O) Attorneys.
                    ``(P) Other individuals, organizations, or agencies
                with an interest in developing and maintaining the MS
                and Parkinson's disease national surveillance systems.
                    ``(Q) Experts in additional neurological diseases,
                as appropriate, based on development and implementation
                of national surveillance systems for other neurological
                diseases and disorders.
            ``(2) Duties.--The Advisory Committee shall review
        information and make recommendations to the Secretary
        concerning--
                    ``(A) the development and maintenance of the MS and
                Parkinson's disease national surveillance systems;
                    ``(B) the use and coordination of existing
                databases that collect or maintain information on
                neurological diseases and disorders;
                    ``(C) the type of information to be collected and
                stored in the systems;
                    ``(D) the manner in which such data is to be
                collected;
                    ``(E) the use and availability of such data
                including guidelines for such use; and
                    ``(F) the application of MS and Parkinson's disease
                registry methodologies to benefit other neurological
                diseases and disorders, including analysis of how other
                neurological disease surveillance systems or registries
                can be developed, piloted, and implemented nationally
                utilizing the MS and Parkinson's disease national
                surveillance systems' process and structure.
            ``(3) Report.--Not later than 1 year after the date on
        which the Advisory Committee is established, the Advisory
        Committee shall submit a report to Congress concerning the
        review conducted under paragraph (2) that contains the
        recommendations of the Advisory Committee with respect to the
        results of such review.
    ``(d) Grants.--Notwithstanding the recommendations of the Advisory
Committee under subsection (c), the Secretary, acting through the
Director of the Agency for Toxic Substances and Disease Registry, may
award grants to, and enter into contracts and cooperative agreements
with, public or private nonprofit entities for the collection,
analysis, and reporting of data on MS and Parkinson's disease.
    ``(e) Coordination With State, Local, and Federal Registries.--
            ``(1) In general.--In establishing the MS and Parkinson's
        disease national surveillance systems under subsections (a) and
        (b), the Secretary, acting through the Director of the Agency
        for Toxic Substances and Disease Registry, shall--
                    ``(A) identify, build upon, expand, and coordinate
                existing data and surveillance systems, surveys,
                registries, and other Federal public health and
                environmental infrastructure wherever possible,
                including--
                            ``(i) the 2 MS surveillance pilot studies
                        initiated in fiscal year 2006 by the Centers
                        for Disease Control and Prevention and the
                        Agency for Toxic Substances and Disease
                        Registry;
                            ``(ii) the Parkinson's disease and MS
                        databases of the Department of Veterans
                        Affairs;
                            ``(iii) current Parkinson's disease
                        registries and surveillance systems, including
                        the Nebraska and California State registries;
                            ``(iv) current MS registries, including the
                        New York State MS Registry and the North
                        American Research Committee on MS (NARCOMS)
                        Registry; and
                            ``(v) any other existing or relevant
                        databases that collect or maintain information
                        on neurological diseases and disorders
                        identified by researchers or recommended by the
                        Advisory Committee pursuant to subsection (c);
                        and
                    ``(B) provide for and conduct outreach in support
                of research access to Parkinson's disease and MS data
                as recommended by the Advisory Committee established
                pursuant to subsection (c) to the extent permitted by
                applicable statutes and regulations and in a manner
                that protects personal privacy consistent with
                applicable privacy statutes and regulations.
            ``(2) Coordination with other federal agencies.--
        Notwithstanding the recommendations of the Advisory Committee
        established pursuant to subsection (c), and consistent with
        applicable privacy statutes and regulations, the Secretary
        shall ensure that epidemiological and other types of
        information obtained under subsections (a) and (b) are made
        available to agencies such as the National Institutes of
        Health, the Food and Drug Administration, the Department of
        Veterans Affairs, and the Department of Defense.
    ``(f) Definition.--For the purposes of this section, the term
`national voluntary health association' means a national nonprofit
organization with chapters, other affiliated organizations, or networks
in States throughout the United States.
    ``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2010 through 2014.''.

Summary: National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) , acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease. (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of US cases of MS and Parkinson's disease. (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders. And (4) establish the Advisory Committee on Neurological Disease Registries. Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible. And (2) provide for research access to Parkinson's disease and MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).

A bill to amend the Public health Service Act to provide for the establishment of permanent national surveillance systems for multiple sclerosis, Parkinson's disease, and other neurological diseases and disorders.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Media Violence Labeling Act of
1999''.

SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA
              PRODUCTS.

    (a) Declaration of Policy.--Section 2 of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1331) is amended--
            (1) by inserting ``(a) Policy Regarding Cigarettes.--''
        before ``It is the policy of the Congress''; and
            (2) by adding at the end the following:
    ``(b) Policy Regarding Violence in Audio and Visual Media
Products.--It is also the policy of Congress, and the purpose of this
Act, to provide for the establishment, use, and enforcement of a
consistent and comprehensive system for labeling violent content in
audio and visual media products (including labeling of such products in
the advertisements for such products), whereby--
            ``(1) the public may be adequately informed of--
                    ``(A) the nature, context, and intensity of
                depictions of violence in audio and visual media
                products; and
                    ``(B) matters needed to judge the appropriateness
                of the purchase, viewing, listening to, use, or other
                consumption of audio and visual media products
                containing violent content by minors of various ages;
                and
            ``(2) the public may be assured of--
                    ``(A) the accuracy and consistency of the system in
                labeling the nature, context, and intensity of
                depictions of violence in audio and visual media
                products; and
                    ``(B) the accuracy and consistency of the system in
                providing information on matters needed to judge the
                appropriateness of the purchase, viewing, listening to,
                use, or other consumption of audio and visual media
                products containing violent content by minors of
                various ages.''.
    (b) Labeling of Audio and Visual Media Products.--That Act is
further amended by inserting after section 4 (15 U.S.C. 1333) the
following new section:

             ``labeling of audio and visual media products

    ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and
producers of interactive video game products and services, video
program products, motion picture products, and sound recording products
may submit to the Federal Trade Commission a joint proposal for a
system for labeling the violent content in interactive video game
products and services, video program products, motion picture products,
and sound recording products.
    ``(2) The proposal under this subsection should, to the maximum
extent practicable, meet the requirements set forth in subsection (b).
    ``(3)(A) The antitrust laws shall not apply to any joint
discussion, consideration, review, action, or agreement between or
among manufacturers and producers referred to in paragraph (1) for
purposes of developing a joint proposal for a system for labeling
referred to in that paragraph.
    ``(B) For purposes of this paragraph, the term `antitrust laws' has
the meaning given such term in the first section of the Clayton Act (15
U.S.C. 12) and includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45).
    ``(b) Requirements for Labeling System.--A system for labeling the
violent content in interactive video game products and services, video
program products, motion picture products, and sound recording products
under this section shall meet the following requirements:
            ``(1) The label of a product or service shall consist of a
        single label which--
                    ``(A) takes into account the nature, context, and
                intensity of the depictions of violence in the product
                or service; and
                    ``(B) assesses the totality of all depictions of
                violence in the product or service.
            ``(2) The label of a product or service shall specify a
        minimum age in years for the purchase, viewing, listening to,
        use, or consumption of the product or service in light of the
totality of all depictions of violence in the product or service.
            ``(3) The format of the label for products and services
        shall--
                    ``(A) incorporate each label provided for under
                paragraphs (1) and (2);
                    ``(B) include a symbol or icon, and written text;
                and
                    ``(C) be identical for each given label provided
                under paragraphs (1) and (2), regardless of the type of
                product or service involved.
            ``(4) In the case of a product or service sold in a box,
        carton, sleeve, or other container, the label shall appear on
        the box, carton, sleeve, or container in a conspicuous manner.
            ``(5) In the case of a product or service that is intended
        to be viewed, the label shall--
                    ``(A) appear before the commencement of the product
                or service;
                    ``(B) appear in both visual and audio form; and
                    ``(C) appear in visual form for at least five
                seconds.
            ``(6) Any advertisement for a product or service shall
        include a label of the product or service in accordance with
        the applicable provisions of this subsection.
    ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the
manufacturers and producers referred to in subsection (a) submit to the
Federal Trade Commission a proposal for a labeling system referred to
in that subsection not later than 180 days after the date of the
enactment of the Media Violence Labeling Act of 1999, the Commission
shall review the labeling system contained in the proposal to determine
whether the labeling system meets the requirements set forth in
subsection (b) in a manner that addresses fully the purposes set forth
in section 2(b).
    ``(B) Not later than 180 days after commencing a review of the
proposal for a labeling system under subparagraph (A), the Commission
shall issue a labeling system for purposes of this section. The
labeling system issued under this subparagraph may include such
modifications of the proposal as the Commission considers appropriate
in order to assure that the labeling system meets the requirements set
forth in subsection (b) in a manner that addresses fully the purposes
set forth in section 2(b).
    ``(2)(A) If the manufacturers and producers referred to in
subsection (a) do not submit to the Commission a proposal for a
labeling system referred to in that subsection within the time provided
under paragraph (1)(A), the Commission shall prescribe regulations to
establish a labeling system for purposes of this section that meets the
requirements set forth in subsection (b).
    ``(B) Any regulations under subparagraph (A) shall be prescribed
not later than one year after the date of the enactment of the Media
Violence Labeling Act of 1999.
    ``(e) Prohibition on Sale or Distribution Without Label.--
Commencing one year after the date of the enactment of the Media
Violence Labeling Act of 1999, a person may not manufacture or produce
for sale or distribution in commerce, package for sale or distribution
in commerce, or sell or distribute in commerce any interactive video
game product or service, video program product, motion picture product,
or sound recording product unless the product or service bears a label
in accordance with the labeling system issued or prescribed by the
Federal Trade Commission under subsection (d) which--
            ``(1) is appropriate for the nature, context, and intensity
        of the depictions of violence in the product or service; and
            ``(2) specifies an appropriate minimum age in years for
        purchasers and consumers of the product or service.
    ``(f) Prohibition on Sale in Violation of Age Restriction.--
Commencing one year after the date of the enactment of the Media
Violence Labeling Act of 1999, a person may not sell in commerce an
interactive video game product or service, video program product,
motion picture product, or sound recording product to an individual
whose age in years is less than the age specified as the minimum age in
years for a purchaser and consumer of the product or service, as the
case may be, under the labeling system issued or prescribed by the
Federal Trade Commission under subsection (d).
    ``(g) Investigations of Improper Labeling.--The Federal Trade
Commission shall have the authority to receive and investigate
allegations that an interactive video game product or service, video
program product, motion picture product, or sound recording product
does not bear a label under the labeling system issued or prescribed by
the Commission under subsection (d) that is appropriate for the product
or service, as the case may be, given the nature, context, and
intensity of the depictions of violence in the product or service.''.
    (c) Civil Penalty.--That Act is further amended by inserting after
section 10 (15 U.S.C. 1338) the following new section:

                            ``civil penalty

    ``Sec. 10A. (a) In General.--Any person who violates subsection (e)
or (f) of section 4A shall be subject to a civil penalty in an amount
not to exceed $10,000 for each such violation.
    ``(b) Duration of Violation.--In the case of an interactive video
game product or service, video program product, motion picture product,
or sound recording product determined to violate section 4A(e), each
day from the date of the commencement of sale or distribution of the
product or service, as the case may be, to the date of the
determination of the violation shall constitute a separate violation of
subsection (a), and all such violations shall be aggregated together
for purposes of determining the total liability of the manufacturer or
producer of the product or service, as the case may be, for such
violations under that subsection.''.
    (d) Short Title of Act.--The first section of that Act (15 U.S.C.
1331 note) is amended to read as follows: ``That this Act may be cited
as the `Federal Cigarette and Media Violence Labeling and Advertising
Act'''.

Summary: Media Violence Labeling Act of 1999 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including with regard to the appropriateness of such products for minors. Authorizes manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products (products) to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling the violent content of such products. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing. And (2) the label should appear conspicuously on the product. Requires the FTC to review any proposal that is submitted by such manufacturers and producers within 180 days after the enactment of this Act to determine if it meets such requirements. Requires the FTC to issue a labeling system within 180 days after commencing a review of such proposal. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Prohibits a person, from the same date, from selling such product to an individual whose age is less than the minimum age specified under the labeling system. Empowers the FTC to investigate allegations of violations of this Act. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.

Media Violence Labeling Act of 1999


SECTION 1. INVESTMENT CREDIT FOR STAGE 3 AIRCRAFT MODIFICATIONS.

    (a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end the following new paragraph:
            ``(4) the stage 3 aircraft modification credit.''
    (b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end the following new subsection:
    ``(c) Stage 3 Aircraft Modification Credit.--
            ``(1) In general.--For purposes of section 46, the stage 3
        aircraft modification credit is the stage 3 aircraft
        modification percentage of the basis of each stage 3 aircraft
        modification property placed in service during the taxable
        year.
            ``(2) Stage 3 aircraft modification percentage.--The stage
        3 aircraft modification percentage is 10 percent.
            ``(3) Qualified stage 3 aircraft modification property.--
        For purposes of this subpart--
                    ``(A) In general.--The term `qualified stage 3
                aircraft modification property' means tangible
                property--
                            ``(i) which is an integral part of and
                        modification of a nonstage 3 aircraft
                        (including the installation of different
                        engines or the retrofit of the existing engines
                        with sound attenuation devices),
                            ``(ii) which is certificated by the Federal
                        Aviation Administration and is made to qualify
                        the aircraft for the stage 3 noise level
                        requirements, and
                            ``(iii) the original use of which begins
                        with the taxpayer.
                    ``(B) Stage 3 noise level.--The term `stage 3 noise
                level' has the meaning given such term by section
                36.1(f)(5) of title 14, Code of Regulations (as in
                effect on February 15, 1993).
                    ``(C) Nonstage 3 aircraft.--The term `nonstage 3
                aircraft' means an aircraft with a maximum gross
                takeoff weight in excess of 75,000 pounds which did not
                meet the stage 3 noise level requirements before the
                stage 3 aircraft modification property was installed.
            ``(4) Special rule for certain purchases and leases.--For
        purposes of paragraph (3)(A)(iii), a qualified stage 3 aircraft
        modification property shall be treated as originally placed in
        service by a person if it is sold to such person or is leased
        by such person within 3 months of the date such modifications
        are made.''
    (c) Stage 3 Aircraft Modification Credit Allowable Against Regular
Tax and Alternative Minimum Tax.--Subsection (c) of section 38 of such
Code (relating to limitation based on amount of tax) is amended by
adding at the end the following new paragraph:
            ``(3) Special rules for stage 3 aircraft modification
        credit.--
                    ``(A) Liability for tax.--In the case of the stage
                3 aircraft modification credit, the credit allowable
                under subsection (a) for any taxable year shall not
                exceed the excess (if any) of--
                            ``(i) the sum of--
                                    ``(I) the taxpayer's tentative
                                minimum tax liability under section
                                55(b) for such taxable year determined
                                without regard to the stage 3 aircraft
                                modification credit, plus
                                    ``(II) the taxpayer's regular tax
                                liability for such taxable year (as
                                defined in section 26(b)), over
                            ``(ii) the sum of the credits allowable
                        against the taxpayer's regular tax liability
                        under part IV (other than section 34 and the
                        stage 3 aircraft modification credit).
                    ``(B) Application of the credit.--Each of the
                following amounts shall be reduced by the full amount
                of the credit determined under subparagraph (A):
                            ``(i) the taxpayer's tentative minimum tax
                        under section 55(b) for the taxable year, and
                            ``(ii) the taxpayer's regular tax liability
                        (as defined in section 26(b)) reduced by the
                        sum of the credits allowable under part IV
                        (other than section 34 and the stage 3 aircraft
                        modification credit).
        If the amount of the credit determined under subparagraph (A)
        exceeds the amount described in clause (ii) of subparagraph
        (B), then the excess shall be deemed to be the adjusted net
        minimum tax for such taxable year for purposes of section 53.''
    (d) Technical and Conforming Amendments.--
            (1) Paragraph (1) of section 38(c) of such Code is amended
        by striking ``The credit'' and inserting ``Except as provided
        in paragraph (3), the credit''.
            (2) Paragraph (2) of section 55(c) of such Code is
        amended--
                    (A) by striking ``For provisions'' and inserting
                ``(A) For provisions'', and
                    (B) by adding at the end the following new
                subparagraph:
                    ``(B) For provisions allowing the stage 3 aircraft
                modification credit against the tax imposed by this
                section, see section 38(c)(3).''
            (3) Section 49(a)(1)(C) of such Code is amended by striking
        ``and'' at the end of clause (ii), by striking the period at
        the end of clause (iii) and inserting ``, and'', and by adding
        at the end the following new clause:
                            ``(iv) the basis of any qualified stage 3
                        aircraft modification property.''
            (4)(A) The section heading for section 48 of such Code is
        amended to read as follows:

``SEC. 48. OTHER CREDITS.''

            (B) The table of sections for subpart E of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 48 and inserting the following:

                              ``Sec. 48. Other credits.''
    (e) Effective Date.--The amendments made by this section apply to
stage 3 aircraft modification property completed after December 31,
1991, and placed in service after December 31, 1991, and before January
1, 1997.

Summary: Amends the Internal Revenue Code to allow businesses an investment tax credit for costs incurred for noise modification of aircraft from stage 2 levels to stage 3 levels. Allows such credit against the regular tax and alternative minimum tax.

To amend the Internal Revenue Code of 1986 to provide an investment tax credit for Stage 3 aircraft.