SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reduce Expenditures in Nuclear
Infrastructure Now Act'' or the ``REIN-IN Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Berlin Wall fell in 1989, the Soviet Union no
        longer exists, and the Cold War is over. The nature of threats
        to the national security and military interests of the United
        States has changed. However, the United States continues to
        maintain an enormous arsenal of nuclear weapons and delivery
        systems that were devised with the Cold War in mind.
            (2) The current nuclear arsenal of the United States
        includes approximately 5,000 total nuclear warheads, of which
        approximately 2,000 are deployed with three delivery
        components: long-range strategic bomber aircraft, land-based
        intercontinental ballistic missiles, and submarine-launched
        ballistic missiles. The bomber fleet of the United States
        comprises 93 B-52 and 20 B-2 aircraft. The United States
        maintains 450 intercontinental ballistic missiles. The United
        States also maintains 14 Ohio-class submarines, up to 12 of
        which are deployed at sea. Each of those submarines is armed
        with up to 96 independently targetable nuclear warheads.
            (3) This Cold War-based approach to nuclear security comes
        at significant cost. Over the next 10 years, the United States
        will spend hundreds of billions of dollars maintaining and
        upgrading its nuclear force, according to the Congressional
        Budget Office. A substantial decrease in spending on the
        nuclear arsenal of the United States is prudent for both the
        budget and national security.
            (4) The national security interests of the United States
        can be well served by reducing the total number of deployed
        nuclear warheads and their delivery systems, as stated by the
        Department of Defense's June 2013 nuclear policy guidance
        entitled, ``Report on Nuclear Employment Strategy of the United
        States''. This guidance found that force levels under the
        Treaty on Measures for the Further Reduction and Limitation of
        Strategic Offensive Arms, signed on April 8, 2010, and entered
        into force on February 5, 2011, between the United States and
        the Russian Federation (commonly known as the ``New START
        Treaty'') ``are more than adequate for what the United States
        needs to fulfill its national security objectives'' and that
        the force can be reduced by up to \1/3\ below levels under the
        New START Treaty to 1,000 to 1,100 warheads.
            (5) Even without additional reductions in deployed
        strategic warheads, the United States can save tens of billions
        of dollars by deploying those warheads more efficiently on
        delivery systems and by deferring production of new delivery
        systems until they are needed.
            (6) Economic security and national security are linked and
        both will be well served by smart defense spending. Admiral
        Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on
        June 24, 2010, ``Our national debt is our biggest national
        security threat'' and on August 2, 2011, stated, ``I haven't
        changed my view that the continually increasing debt is the
        biggest threat we have to our national security.''.
            (7) The Government Accountability Office has found that
        there is significant waste in the construction of the nuclear
        facilities of the National Nuclear Security Administration of
        the Department of Energy.

SEC. 3. REDUCTION IN NUCLEAR FORCES.

    (a) Prohibition on New Long-Range Penetrating Bomber Aircraft.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for any of
fiscal years 2014 through 2023 for the Department of Defense may be
obligated or expended for the research, development, test, and
evaluation or procurement of a long-range penetrating bomber aircraft.
    (b) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other
provision of law, none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2014 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be used to make the F-35 Joint Strike Fighter aircraft capable of
carrying nuclear weapons.
    (c) Reduction in the B61 Life Extension Program.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2014 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended until the Secretary of Defense
and the Secretary of Energy jointly certify to Congress that the total
cost of the B61 life extension program has been reduced to not more
than $5,000,000,000.
    (d) Termination of W78 Life Extension Program.--Notwithstanding any
other provision of law, none of the funds authorized to be appropriated
or otherwise made available for fiscal year 2014 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be obligated or expended for the W78 life extension program.
    (e) Reduction of Nuclear-Armed Submarines.--Notwithstanding any
other provision of law, beginning in fiscal year 2020, the forces of
the Navy shall include not more than eight ballistic-missile submarines
available for deployment.
    (f) Limitation on SSBN-X Submarines.--Notwithstanding any other
provision of law--
            (1) none of the funds authorized to be appropriated or
        otherwise made available for any of fiscal years 2014 through
        2023 for the Department of Defense may be obligated or expended
        for the procurement of an SSBN-X submarine; and
            (2) none of the funds authorized to be appropriated or
        otherwise made available for fiscal year 2024 or any fiscal
        year thereafter for the Department of Defense may be obligated
        or expended for the procurement of more than eight such
        submarines.
    (g) Reduction of Submarine-Launched Ballistic Missiles.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2014 or any fiscal year thereafter for the Department of Defense
may be obligated or expended to maintain more than 250 submarine-
launched ballistic missiles.
    (h) Prohibition on New Intercontinental Ballistic Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for any of
fiscal years 2014 through 2023 for the Department of Defense may be
obligated or expended for the research, development, test, and
evaluation or procurement of a new intercontinental ballistic missile.
    (i) Reduction of Intercontinental Ballistic Missiles on High Alert
Status.--Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2014 or any fiscal year thereafter for the Department of Defense
may be obligated or expended to maintain more than 150 intercontinental
ballistic missiles on a 24-hour, high alert status.
    (j) Termination of Mixed Oxide Fuel Fabrication Facility Project.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2014 or any fiscal year thereafter for the Department of Defense
or the Department of Energy may be obligated or expended for the Mixed
Oxide Fuel Fabrication Facility project.
    (k) Termination of Chemistry and Metallurgy Research Building
Replacement Project.--Notwithstanding section 4215 of the Atomic Energy
Defense Act (50 U.S.C. 2535) or any other provision of law, none of the
funds authorized to be appropriated or otherwise made available for
fiscal year 2014 or any fiscal year thereafter for the Department of
Defense or the Department of Energy may be obligated or expended to
replace the Chemistry and Metallurgy Research Building at Los Alamos
National Laboratory, Los Alamos, New Mexico.
    (l) Termination of Uranium Processing Facility.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2014 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended for the Uranium Processing
Facility located at the Y-12 National Security Complex, Oak Ridge,
Tennessee.
    (m) Termination of Medium Extended Air Defense System.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2014 or any fiscal year thereafter for the Department of Defense
may be obligated or expended for the medium extended air defense
system.

SEC. 4. REPORTS REQUIRED.

    (a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Energy shall jointly submit to the appropriate committees of Congress a
report outlining the plan of each Secretary to carry out section 3.
    (b) Annual Report.--Not later than March 1, 2015, and annually
thereafter, the Secretary of Defense and the Secretary of Energy shall
jointly submit to the appropriate committees of Congress a report
outlining the plan of each Secretary to carry out section 3, including
any updates to previously submitted reports.
    (c) Annual Nuclear Weapons Accounting.--Not later than September
30, 2015, and annually thereafter, the President shall transmit to the
appropriate committees of Congress a report containing a comprehensive
accounting by the Director of the Office of Management and Budget of
the amounts obligated and expended by the Federal Government for each
nuclear weapon and related nuclear program during--
            (1) the fiscal year covered by the report; and
            (2) the life cycle of such weapon or program.
    (d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on
        Foreign Relations, the Committee on Appropriations, and the
        Committee on Energy and Natural Resources of the Senate; and
            (2) the Committee on Armed Services, the Committee on
        Foreign Affairs, the Committee on Appropriations, the Committee
        on Energy and Commerce, and the Committee on Natural Resources
        of the House of Representatives.

Summary: Reduce Expenditures in Nuclear Infrastructure Now Act or the REIN-IN Act - Prohibits the obligation or expenditure of funds authorized to be appropriated to the Department of Defense (DOD) for FY2014-FY2023: (1) for the research, development, test, and evaluation (RDTamp, E) or procurement of a long-range penetrating bomber aircraft, (2) to procure an SSBN-X submarine, or (3) for the RDTamp. E or procurement of a new intercontinental ballistic missile (ICBM). Prohibits the obligation or expenditure of funds authorized to be appropriated for FY2014 or thereafter for DOD or the Department of Energy (DOE): (1) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (2) until the Secretary of Defense and the Secretary of Energy jointly certify that the total cost of the B61 life extension program has been reduced to not more than $5 billion, (3) for the W78 life extension program, (4) for the mixed oxide fuel fabrication facility project. (5) to replace the chemistry and metallurgy research building at Los Alamos National Laboratory, Los Alamos, New Mexico. Or (6) for the uranium processing facility at the Y-12 National Security Complex, Oak Ridge, Tennessee. Prohibits Navy forces, beginning in FY2020, from including more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds for FY2014 or thereafter: (1) to maintain more than 250 submarine-launched ballistic missiles. (2) to maintain more than 150 intercontiental ballistic missiles (ICBMs) on a 24-hour, high alert status. Or (3) for the medium extended air defense system. Requires initial and annual reports from the Secretaries of Defense and Energy outlining their respective plans to carry out the requirements of this Act. Directs the President to submit to Congress an annual report containing a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report for the life cycle of such weapon or program.

REIN-IN Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intermediate-Range Nuclear Forces
(INF) Treaty Preservation Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Select Committee on Intelligence, the
                Committee on Foreign Relations, the Committee on Armed
                Services, and the Committee on Appropriations of the
                Senate; and
                    (B) the Permanent Select Committee on Intelligence,
                the Committee on Foreign Affairs, the Committee on
                Armed Services, and the Committee on Appropriations of
                the House of Representatives.
            (2) INF treaty.--The term ``INF Treaty'' means the Treaty
        between the United States of America and the Union of Soviet
        Socialist Republics on the Elimination of Their Intermediate-
        Range and Shorter-Range Missiles, signed at Washington December
        8, 1987, and entered into force June 1, 1988.
            (3) Intelligence community.--The term ``intelligence
        community'' has the meaning given the term in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (4) New start treaty.--The term ``New START Treaty'' means
        the Treaty between the United States of America and the Russian
        Federation on Measures for the Further Reduction and Limitation
        of Strategic Offensive Arms, signed at Prague April 8, 2010,
        and entered into force February 5, 2011.
            (5) Open skies treaty.--The term ``Open Skies Treaty''
        means the Treaty on Open Skies, done at Helsinki March 24,
        1992, and entered into force January 1, 2002.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The 2014, 2015, and 2016 Department of State reports
        entitled, ``Adherence to and Compliance with Arms Control,
        Nonproliferation, and Disarmament Agreements and Commitments'',
        all stated that the United States has determined that ``the
        Russian Federation is in violation of its obligations under the
        INF Treaty not to possess, produce, or flight-test a ground-
        launched cruise missile (GLCM) with a range capability of 500
        km to 5,500 km, or to possess or produce launchers of such
        missiles''.
            (2) The 2016 report also noted that ``the cruise missile
        developed by Russia meets the INF Treaty definition of a
        ground-launched cruise missile with a range capability of 500
        km to 5,500 km, and as such, all missiles of that type, and all
        launchers of the type used or tested to launch such a missile,
        are prohibited under the provisions of the INF Treaty''.
            (3) Potential consistency and compliance concerns regarding
        the INF Treaty noncompliant GLCM have existed since 2008, were
        not officially raised with the Russian Federation until 2013,
        and were not briefed to the North Atlantic Treaty Organization
        (NATO) until January 2014.
            (4) The United States Government is aware of other
        consistency and compliance concerns regarding Russia actions
        vis-a-vis its INF Treaty obligations.
            (5) Since 2013, senior United States officials, including
        the President, the Secretary of State, and the Chairman of the
        Joint Chiefs of Staff have raised Russian noncompliance with
        the INF Treaty to their counterparts, but no progress has been
        made in bringing the Russian Federation back into compliance
        with the INF Treaty.
            (6) In April 2014, General Breedlove, the Supreme Allied
        Commander Europe, correctly stated, ``A weapon capability that
        violates the INF, that is introduced into the greater European
        land mass, is absolutely a tool that will have to be dealt with
        . . . It can't go unanswered.''.
            (7) The Department of Defense in its September 2013 report,
        Report on Conventional Prompt Global Strike Options if Exempt
        from the Restrictions of the Intermediate-Range Nuclear Forces
        Treaty Between the United States of America and the Union of
        Soviet Socialist Republics, stated that it has multiple
        validated military requirement gaps due to the prohibitions
        imposed on the United States as a result of its compliance with
        the INF Treaty.
            (8) It is not in the national security interests of the
        United States to be legally prohibited from developing dual-
        capable ground-launched cruise missiles with ranges between 500
        and 5,500 kilometers, while Russia makes advances in developing
        and fielding this class of weapon systems.
            (9) A material breach of the INF Treaty by the Russian
        Federation affords the United States the right to invoke such
        breach as grounds for suspending the operation of the treaty in
        whole or in part.

SEC. 4. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE INF
              TREATY.

    (a) Statement of United States Policy.--It is the policy of the
United States as follows:
            (1) The actions undertaken by the Russian Federation in
        violation of the INF Treaty constitute a material breach of the
        treaty.
            (2) In light of the Russian Federation's material breach of
        the INF Treaty, the United States is legally entitled to
        suspend the operation of the INF Treaty in whole or in part for
        so long as the Russian Federation continues to be in material
        breach.
            (3) For so long as the Russian Federation remains in
        noncompliance with the INF Treaty, the United States should
        take actions to encourage the Russian Federation return to
        compliance, including by--
                    (A) providing additional funds for the capabilities
                identified in section 1243(d) of the National Defense
                Authorization Act for Fiscal Year 2016 (Public Law 114-
                92; 129 Stat. 1062);
                    (B) establishing a program of record pursuant to
                section 5 for a dual-capable road-mobile ground-
                launched cruise missile system with a maximum range of
                5,500 kilometers; and
                    (C) aggressively seeking additional missile defense
                assets in the European theater to protect United States
                and NATO forces from ground-launched missile systems of
                the Russian Federation that are in noncompliance with
                the INF Treaty.
    (b) Authorization of Additional Appropriations.--
            (1) In general.--In addition to any other amounts
        authorized to be appropriated for such purposes, there is
        authorized to be appropriated $500,000,000 for fiscal year 2018
        for--
                    (A) the development of active defenses to counter
                ground-launched missile systems with ranges between 500
                and 5,500 kilometers;
                    (B) counterforce capabilities to prevent attacks
                from these missiles;
                    (C) facilitating the acquisition and transfer to
                allied countries of missile systems with ranges between
                500 and 5,500 kilometers; and
                    (D) countervailing strike capabilities to enhance
                the capabilities of the United States identified in
                section 1243(d) of the National Defense Authorization
                Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
                1062).
            (2) Development.--Of the amount authorized to be
        appropriated by paragraph (1), $100,000,000 is authorized to be
        appropriated for activities undertaken to carry out section 5,
        including with respect to research and development activities.
            (3) Offset.--Notwithstanding the amounts otherwise
        authorized to be appropriated for the National Nuclear Security
        Administration for Defense Nuclear Nonproliferation for fiscal
        year 2018, such authorization of amounts is hereby reduced by
        $500,000,000.

SEC. 5. DEVELOPMENT OF INF RANGE GROUND-LAUNCHED MISSILE SYSTEM.

    (a) Establishment of a Program of Record.--The Secretary of Defense
shall establish a program of record to develop a dual-capable road-
mobile ground-launched cruise missile system with a range of between
500 to 5,500 kilometers. The Secretary shall ensure that such system is
capable of achieving a flight test by not later than one year after the
date of the enactment of this Act.
    (b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the cost, schedule, and
feasibility to modify the tomahawk, standard missile-3, standard
missile-6, long-range standoff cruise missile, and Army tactical
missile system missiles for ground launch with a range of between 500
and 5,500 kilometers in order to provide any of the capabilities
identified in section 1243(d) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062).

SEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION
              DEVELOPMENT OF NONCOMPLIANT SYSTEMS.

    Not later than 15 days after the date of the enactment of this Act,
and every 90 days thereafter during the five-year period beginning on
such date of enactment, the Director of National Intelligence shall
submit to the appropriate congressional committees and the President a
report that includes a determination of each of the following:
            (1) Whether the Russian Federation has flight tested,
        produced, or possesses a system that is inconsistent with the
        INF Treaty.
            (2) Whether the Russian Federation possesses a system that
        meets the requirements for initial operational capability that
        is inconsistent with the INF Treaty.
            (3) Whether the Russian Federation has deployed, or is
        about to deploy, a system that is inconsistent with the INF
        Treaty.

SEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES.

    None of the funds authorized to be appropriated or otherwise made
available for fiscal year 2018 or any other fiscal year for the
Department of Defense may be obligated or expended to extend the
implementation of the New START Treaty for any year after 2021, permit
flights by the Russian Federation over the United States or it allies
pursuant to the Open Skies Treaty, or permit the approval of new or
updated implementation decisions of the Open Skies Consultative
Commission pursuant to Article X of the Open Skies Treaty, or any
license or authorization to export any item or technology to a person
or entity in the Russian Federation unless the President certifies to
the appropriate congressional committees that the Russian Federation
has verifiably eliminated all missiles that are in violation of or may
be inconsistent with the INF Treaty.

SEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPABILITY.

    Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the appropriate congressional
committees a report on the number and location of Aegis Ashore sites
with anti-air warfare capability necessary in Asia and Europe to defend
deployed forces of the United States and United States allies from
Russian ground-launched missile systems with a range of 500 to 5,500
kilometers.

SEC. 9. REVIEW OF RS-26 BALLISTIC MISSILE.

    (a) In General.--The Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
conduct a review of the RS-26 ballistic missile of the Russian
Federation.
    (b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report on the
review conducted under subsection (a). The report shall include--
            (1) a determination whether the RS-26 ballistic missile is
        covered under the New START Treaty or is a violation of the INF
        Treaty because Russia has flight-tested such missile to ranges
        covered by the INF Treaty in more than one warhead
        configuration; and
            (2) if the Secretary determines that the RS-26 ballistic
        missile is covered under the New START Treaty, a determination
        whether the Russian Federation--
                    (A) has agreed through the Bilateral Consultative
                Commission that such a system is limited under the New
                START Treaty central limits; and
                    (B) has agreed to an exhibition of such a system.
    (c) Effect of Determination.--If the Secretary of State, with the
concurrence of the Secretary of Defense and the Director of National
Intelligence, determines that the RS-26 ballistic missile is covered
under the New START Treaty and that the Russian Federation has not
taken the steps described under subsection (b)(2), the United States
Government shall consider for purposes of all policies and decisions
that the RS-26 ballistic missile of the Russian Federation is a
violation of the INF Treaty.

SEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL BREACH OF INF TREATY
              BY THE RUSSIAN FEDERATION.

    (a) Declaration of Policy.--Congress declares that because of the
Russian Federation's violations of the INF Treaty, including the
flight-test, production, and possession of prohibited systems, its
actions have defeated the object and purpose of the INF Treaty, and
thus constitute a material breach of the INF Treaty.
    (b) Report.--Not later than 15 months after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that contains a determination of the
President of whether the Russian Federation has flight-tested,
produced, or is in possession of a ground-launched cruise missile or
ground-launched ballistic missile with a range of between 500 and 5,500
kilometers during each of the four consecutive 90-day periods beginning
on the date of the enactment of this Act.
    (c) United States Actions.--If the determination of the President
contained in the report required to be submitted under subsection (b)
is that the Russian Federation has flight-tested, produced, or is in
possession of any missile described in subsection (b) during each of
the periods described in subsection (b), the President shall--
            (1) suspend the application of the INF Treaty with respect
        to the United States; and
            (2) notify the other state parties to the INF Treaty that
        the Russian Federation is in material breach of the INF Treaty
        and of the decision of the United States to suspend the
        application of the INF Treaty with respect to the United
        States.

Summary: Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017 This bill states US policy that: (1) Russian actions in violation of the the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles constitute a material breach, (2) the United States is legally entitled to suspend the treaty, and (3) the United States should take certain actions to bring Russia into compliance. The bill authorizes additional appropriations for: (1) development of active defenses to counter ground launched missile systems, (2) counterforce and countervailing capabilities, and (3) missile system transfers to allied countries. The Department of Defense shall: (1) establish a program to develop a dual-capable road-mobile ground-launched cruise missile system with a range of 500 to 5,500 kilometers. (2) report on the feasibility of modifying the tomahawk, standard missile-3, standard missile-6, long-range stand off cruise missile, and Army tactical missile for ground-launch with such range. And (3) report on the AEGIS Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend US forces and allies from Russian ground launched missile systems. The Director of National Intelligence, every 90 days for five years, shall determine whether Russia has flight tested, produced, or possesses a system that is inconsistent with the treaty and that has reached initial operational capability and is, or is about to be, deployed. No funds may be obligated or expended to extend the New START Treaty after 2021, permit Russian flights over the United States or US allies pursuant to the Open Skies Treaty, permit the approval of new implementation decisions through the Open Skies Consultative Commission, or approve any license to export an item or technology to a Russian person or entity unless the President certifies that Russia has eliminated all missiles that are in violation of, or inconsistent with, the INF treaty. The Department of State shall conduct a review of Russia's RS-26 ballistic missile system. Upon a determination that Russia has flight-tested, produced, or is in possession of certain missiles, the President shall suspend the application of the INF treaty to the United States and notify the other state parties to the treaty of Russia's material breach of, and the US decision to suspend, the treaty.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Regulatory Parity Act of
2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The cable modem service offered by cable operators for
        high-speed access to the Internet is functionally equivalent
        to, and competes with, digital subscriber line service offered
        by local exchange carriers.
            (2) Cable modem services and digital subscriber line
        services are subject to disparate regulatory treatment by the
        Federal Government and by State and local governments.
            (3) Competing and functionally equivalent products and
        services should be regulated, or not regulated, in the same
        manner, regardless of who provides such products or services.
            (4) The Federal Communications Commission is best
        positioned to determine which, if any, regulatory requirements
        for broadband access services should be retained and which, if
        any, should be eliminated.
            (5) The Commission should be required to ensure that
        providers of broadband services are regulated in an equivalent
        manner, regardless of the platform used to provide such
        services.
            (6) Government regulation should not favor or advantage one
        class of competitors among competitors offering similar
        products or services.
            (7) The deployment of digital subscriber line service has
        been restrained by regulatory requirements that are
        inappropriate for a competitive service offered by various non-
        dominant providers.
            (8) Inappropriate regulation imposes needless costs and
        results in higher consumer costs.
            (9) Lower consumer costs will accelerate demand for high-
        speed Internet access services.
            (10) Regulatory certainty and parity will provide
        incentives to increase deployment of high-speed Internet
        services, bringing the benefits of such services to communities
        in the form of enhancements in medicine, education, national
        security, work from home, and other benefits.
            (11) The United States lags behind many other countries in
        the deployment of high-speed data services.
            (12) When all providers of broadband services compete under
        the same rules, consumers will benefit from increased choices
        and lower prices.

SEC. 3. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE PROVIDERS
              AND BROADBAND ACCESS SERVICE PROVIDERS.

    (a) In General.--Part II of title II of the Communications Act of
1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:

``SEC. 262. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE
              PROVIDERS AND BROADBAND ACCESS SERVICE PROVIDERS.

    ``(a) In General.--Notwithstanding any other provision of law, the
Commission shall, not later than 120 days after the date of the
enactment of the Broadband Regulatory Parity Act of 2002, prescribe
regulations to ensure that--
            ``(1) all broadband services, and all broadband access
        services, are subject to the same regulatory requirements, or
        no regulatory requirements;
            ``(2) all providers of broadband services, and all
        providers of broadband access services, are subject to the same
        regulatory requirements, or no regulatory requirements, with
        respect to the provision of such services and the facilities
        and equipment used to provide such services in the provision of
        such services; and
            ``(3) paragraphs (1) and (2) are implemented without
        increasing the regulatory requirements applicable to any
        provider of broadband services, or broadband access services,
        on any such service or on any facilities or equipment used to
        provide any such service in the provision of such service.
    ``(b) Prohibition on State Jurisdiction.--Notwithstanding any other
provision of law, broadband services and broadband access services, and
the facilities and equipment used to provide such services in the
provision of such services, shall not be subject to the jurisdiction of
any State.
    ``(c) Obligations of Incumbent Local Exchange Carriers to Internet
Service Providers.--Notwithstanding subsection (a), each incumbent
local exchange carrier has the duty to provide all Internet service
providers with the telecommunications necessary for such provider to
provide broadband access service to its subscribers. Such
telecommunications shall be offered on rates, terms, and conditions
that are just and reasonable.
    ``(d) Savings Provisions.--(1) Nothing in this section affects the
requirements of section 271.
    ``(2) Nothing in this section affects the obligations of incumbent
local exchange carriers under section 251(c) to provide requesting
telecommunications carriers with services and access to facilities and
equipment necessary for the provision of switch-based voice
telecommunications service.
    ``(3) Nothing in this section precludes or affects any tariff filed
by the National Exchange Carrier Association or any rural telephone
company, and any such tariff may continue to include broadband
services.
    ``(4) Nothing in this section affects section 251(f).''.
    (b) Definitions.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended--
            (1) by redesignating paragraphs (20) through (52) as
        paragraphs (22) through (54), respectively; and
            (2) by inserting after paragraph (19) the following new
        paragraphs:
            ``(20) Broadband service.--The term `broadband service'
        means any service that is used to provide access to the
        Internet and consists of or includes the offering of a
        capability to transmit information at a rate that is generally
        not less than 256 kilobits per second in at least one
        direction.
            ``(21) Broadband access service.--The term `broadband
        access service' means a service that combines computer
        processing, information storage, protocol conversion, and wire
        routing with transmission to enable users to access Internet
        content and services.''.

Summary: Broadband Regulatory Parity Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission to prescribe regulations to ensure that: (1) all broadband services and broadband access services are subject to the same regulatory requirements. (2) all providers of such services are subject to the same regulatory requirements with respect to such services and the facilities and equipment used to provide such services. And (3) the above requirements are met without increasing current regulatory requirements with respect to such services, facilities, or equipment. Prohibits such services and related facilities and equipment from being subject to the jurisdiction of any State. Requires each incumbent local exchange carrier to provide all Internet service providers with the telecommunications necessary for the provision of broadband access service to subscribers at just and reasonable rates.

A bill to provide for parity in regulatory treatment of broadband services providers and of broadband access services providers, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Panama Security Act of
1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The United States secured the independence of the
        Republic of Panama, built the Panama Canal at considerable cost
        in blood and treasure, and has provided for its management,
        operations, maintenance, improvement, and defense throughout
        the 20th century, providing a vital service to the peaceful
        commerce of all nations as well as substantial returns to the
        national interests of both the United States and Panama.
            (2) The Panama Canal continues to play a vital role both in
        international trade and in the national security of the United
        States, reducing the distance by sea between New York and San
        Francisco by some 8,000 miles, contributing critical strategic
        mobility to naval forces of the United States and substantial
        savings to maritime commerce.
            (3) Absent any new base-rights agreement between the United
        States Government and the Government of the Republic of Panama
        allowing for a post-2000 United States military presence,
        United States forces in Panama will be reduced to zero by
        December 31, 1999, calling into question the ability of the
        United States to continue to protect its interests in the area.
            (4) The Roosevelt Corollary to the Monroe Doctrine
        proclaimed in 1904 that it was a national security concern of
        the United States when foreign powers attempted to use public
        or private investment as a vehicle for the expansion of
        political and military influence in the Western Hemisphere.
            (5) The recent grant to Hutchison Whampoa, a Chinese firm
        with ties to the Government of the People's Republic of China,
        of management control of the Panamanian ports of Balboa and San
        Cristobal, located at either end of the Panama Canal, has
        raised the specter of the expansion of Chinese political
        influence in Panama--a situation aggravated by unanswered
        questions concerning the methods used by the Chinese firm to
        win its bids.
            (6) In addition, Article V of the Treaty Concerning the
        Permanent Neutrality and Operation of the Panama Canal, states
        that only the Republic of Panama shall maintain military
        forces, defense sites, and military installations in its
        national territory after December 31, 1999.

SEC. 3. LIMITATION ON ASSISTANCE TO THE REPUBLIC OF PANAMA IF FORMER
              UNITED STATES MILITARY FACILITIES IN THE REPUBLIC OF
              PANAMA ARE CONVEYED TO ANY FOREIGN GOVERNMENT-OWNED
              ENTITY.

    (a) Limitation on United States Assistance.--United States
assistance may not be provided to the Republic of Panama for any period
of time beginning after the date of the enactment of this Act during
which a defense site or military installation, that is located within
the territory of the Republic of Panama and that was at any time part
of a defense site or military installation built or formerly operated
by the United States, has been conveyed by the Government of the
Republic of Panama to any foreign government-owned entity.
    (b) Opposition to Assistance From International Financial
Institutions.--The President shall instruct the United States
representative to each international financial institution to which the
United States is a member to use the voice and vote of the United
States to oppose any loans or other forms of assistance from that
institution to the Republic of Panama for any period of time during
which the Government of the Republic of Panama is in violation of the
requirements of subsection (a).

SEC. 4. REPORTING REQUIREMENTS.

    (a) Report by the President.--Not later than 60 days after the date
of the enactment of this Act, the President shall prepare and transmit
to the Congress a report containing a description of how Hutchison
Whampoa, a Chinese firm with ties to the Government of the People's
Republic of China, was selected to receive a grant for management
control of the Panamanian ports of Balboa and San Cristobal, located at
either end of the Panama Canal, including whether or not the United
States Government--
            (1) had any information concerning the bid by Hutchison
        Whampoa to receive such grant;
            (2) provided adequate support to bids by United States
        firms for such grant; and
            (3) had any knowledge of ties that exist between Hutchison
        Whampoa and the Government of the People's Republic of China.
    (b) Report by the Secretary of Defense.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall prepare and submit to the Congress a report containing--
            (1) a description of the extent to which the control of the
        ports San Cristobal and Balboa in the Republic of Panama by
        Hutchison Whampoa, a Chinese firm with ties to the Government
        of the People's Republic of China, poses a threat to the
        security of the United States; and
            (2) a description of how the strategic interests of the
        United States with respect to the Panama Canal will continue to
        be protected after the Government of the Republic of Panama
        assumes sole responsibility for the defense of the Canal and
        becomes the only entity entitled to have military forces,
        defense sites, or military installations in Panama after
        December 31, 1999.
    (c) Reports by the Director of Central Intelligence.--Not later
than March 31 of each year, the Director of Central Intelligence, in
cooperation with the heads of other appropriate Federal agencies,
including the Director of the National Security Agency, the Director of
the Federal Bureau of Investigation, the Secretary of Defense, the
Secretary of the Treasury, the Secretary of Commerce and the Secretary
of State, shall prepare and submit to the Congress a report, in both
classified and unclassified form, on the intelligence activities of the
People's Republic of China against or affecting United States interests
in the Republic of Panama, including a description of--
            (1) the extent of political, military, and economic
        espionage by the People's Republic of China;
            (2) the extent of intelligence activities by the People's
        Republic of China designed to gain political influence;
            (3) efforts by the People's Republic of China to gain
        direct or indirect influence through commercial or
        noncommercial intermediaries subject to control by the People's
        Republic of China, including enterprises controlled by the
        People's Liberation Army; and
            (4) disinformation or press manipulation directed against
        the United States.
    (d) Report by the Director of the Office of National Drug Control
Policy.--Not later than 60 days after the date of the enactment of this
Act, the Director of the Office of National Drug Control Policy shall
prepare and submit to the Congress a report on the utility of
maintaining a military presence in the Republic of Panama for
interdicting illegal drugs.

SEC. 5. RENEGOTIATION OF THE PANAMA CANAL TREATY.

    (a) Renegotiation of Existing Treaties; Negotiation of New
Treaty.--The President is authorized and directed to confer with the
Government of the Republic of Panama to renegotiate the terms of the
Panama Canal Treaty and the Treaty Concerning the Neutrality and
Operation of the Panama Canal, or to negotiate a new agreement to
supersede the such Treaties, for the purpose of providing for the
security of the Canal into the 21st Century.
    (b) Sense of the Congress.--It is the sense of the Congress that
any negotiations conducted under subsection (a) should include the
following:
            (1) A ban on foreign government investment in, or
        management of, the Panama Canal and related projects or other
        infrastructure projects related to transit across the isthmus
        of Panama or through Panamanian territory.
            (2) The right to a continuing United States military
        presence in Panama to actively cooperate with Panama in the
        defense of the Panama Canal.
            (3) A continuing United States presence in Panama to
        actively cooperate with Panama in the interdiction and
        eradication of illegal drug trafficking through the territory
        of Panama or adjacent areas.
            (4) The right to control or prohibit the use of the Panama
        Canal by hostile powers, terrorist states, or criminal groups,
        by redefining the terms of the 1977 Treaty Concerning the
        Neutrality and Operation of the Panama Canal to apply only to
        its peaceful, non-belligerent use by states or entities other
        than the United States and Panama.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) Panama canal treaty.--The term ``Panama Canal Treaty''
        means the Panama Canal Treaty between the United States and the
        Republic of Panama, signed at Washington on September 7, 1977
        (33 UST 39).
            (2) Treaty concerning the permanent neutrality and
        operation of the panama canal.--The term ``Treaty Concerning
        the Permanent Neutrality and Operation of the Panama Canal''
        means the Treaty Concerning the Permanent Neutrality and
        Operation of the Panama Canal between the United States and the
        Republic of Panama, signed at Washington on September 7, 1977
        (33 UST 1).
            (3) United states assistance.--The term ``United States
        assistance means--
                    (A) assistance under part I of the Foreign
                Assistance Act of 1961 (22 U.S.C. 2151 et
                seq.)(including programs under title IV of chapter 2 of
                such part; relating to the Overseas Private Investment
                Corporation), except that such term does not include
                humanitarian assistance;
                    (B) assistance under chapter 2 of part II of the
                Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.;
                relating to military assistance), including the
                transfer of excess defense articles under section 516
                of such Act;
                    (C) assistance under chapter 5 of part II of the
                Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.;
                relating to international military education and
                training);
                    (D) assistance under the ``Foreign Military
                Financing Program'' under section 23 of the Arms Export
                Control Act (22 U.S.C. 2763);
                    (E) the transfer of defense articles, defense
                services, or defense and construction services under
                Arms Export Control Act (22 U.S.C. 2751 et seq.),
                including defense articles and defense services
                licensed or approved for export under section 38 of
                such Act; or
                    (F) financing under the Export-Import Bank Act of
                1945.

Summary: United States-Panama Security Act of 1997 - Bars US assistance to Panama during any period in which a defense site or military installation located in Panama that was at any time part of a site or installation built or formerly operated by the United States has been conveyed by the Government of Panama to any foreign government-owned entity. Directs the President to instruct the US representatives to the international financial institutions to oppose any loans or other assistance to Panama during any such period. Requires the President to report to the Congress on how Hutchison Whampoa, a Chinese firm with ties to the Chinese Government, was selected to receive a grant for management control of the Panamanian ports of Balboa and San Cristobal. Directs the Secretary of Defense to report to the Congress on: (1) the extent to which the control of such ports by such firm poses a threat to US security. And (2) how US strategic interests with respect to the Panama Canal will continue to be protected after the Government of Panama assumes sole responsibility for the defense of the Canal and becomes the only entity entitled to have military forces, defense sites, or military installations in Panama after December 31, 1999. Requires: (1) the Director of Central Intelligence to report annually to the Congress on the intelligence activities of China against or affecting US interests in Panama. And (2) the Director of the Office of National Drug Control Policy to report to the Congress on the utility of maintaining a military presence in Panama for interdicting illegal drugs. Authorizes and directs the President to confer with the Government of Panama to renegotiate the terms of the Panama Canal Treaty and the Treaty Concerning the Neutrality and Operation of the Panama Canal or to negotiate a new agreement to supersede such treaties. Expresses the sense of the Congress that any negotiations should include: (1) a ban on foreign government investment in or management of the Canal and related projects. (2) the right to a continued US military presence in Panama and a continued presence to interdict and eradicate illegal drug trafficking through Panama. And (3) the right to control or prohibit the use of the Canal by hostile powers, terrorist states, or criminal groups by redefining the terms of the 1977 Treaty Concerning the Neutrality and Operation of the Panama Canal.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Religious Land Use and
Institutionalized Persons Act of 2000''.

SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.

    (a) Substantial Burdens.--
            (1) General rule.--No government shall impose or implement
        a land use regulation in a manner that imposes a substantial
        burden on the religious exercise of a person, including a
        religious assembly or institution, unless the government
        demonstrates that imposition of the burden on that person,
        assembly, or institution--
                    (A) is in furtherance of a compelling governmental
                interest; and
                    (B) is the least restrictive means of furthering
                that compelling governmental interest.
            (2) Scope of application.--This subsection applies in any
        case in which--
                    (A) the substantial burden is imposed in a program
                or activity that receives Federal financial assistance,
                even if the burden results from a rule of general
                applicability;
                    (B) the substantial burden affects, or removal of
                that substantial burden would affect, commerce with
                foreign nations, among the several States, or with
                Indian tribes, even if the burden results from a rule
                of general applicability; or
                    (C) the substantial burden is imposed in the
                implementation of a land use regulation or system of
                land use regulations, under which a government makes,
                or has in place formal or informal procedures or
                practices that permit the government to make,
                individualized assessments of the proposed uses for the
                property involved.
    (b) Discrimination and Exclusion.--
            (1) Equal terms.--No government shall impose or implement a
        land use regulation in a manner that treats a religious
        assembly or institution on less than equal terms with a
        nonreligious assembly or institution.
            (2) Nondiscrimination.--No government shall impose or
        implement a land use regulation that discriminates against any
        assembly or institution on the basis of religion or religious
        denomination.
            (3) Exclusions and limits.--No government shall impose or
        implement a land use regulation that--
                    (A) totally excludes religious assemblies from a
                jurisdiction; or
                    (B) unreasonably limits religious assemblies,
                institutions, or structures within a jurisdiction.

SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.

    (a) General Rule.--No government shall impose a substantial burden
on the religious exercise of a person residing in or confined to an
institution, as defined in section 2 of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997), even if the burden
results from a rule of general applicability, unless the government
demonstrates that imposition of the burden on that person--
            (1) is in furtherance of a compelling governmental
        interest; and
            (2) is the least restrictive means of furthering that
        compelling governmental interest.
    (b) Scope of Application.--This section applies in any case in
which--
            (1) the substantial burden is imposed in a program or
        activity that receives Federal financial assistance; or
            (2) the substantial burden affects, or removal of that
        substantial burden would affect, commerce with foreign nations,
        among the several States, or with Indian tribes.

SEC. 4. JUDICIAL RELIEF.

    (a) Cause of Action.--A person may assert a violation of this Act
as a claim or defense in a judicial proceeding and obtain appropriate
relief against a government. Standing to assert a claim or defense
under this section shall be governed by the general rules of standing
under article III of the Constitution.
    (b) Burden of Persuasion.--If a plaintiff produces prima facie
evidence to support a claim alleging a violation of the Free Exercise
Clause or a violation of section 2, the government shall bear the
burden of persuasion on any element of the claim, except that the
plaintiff shall bear the burden of persuasion on whether the law
(including a regulation) or government practice that is challenged by
the claim substantially burdens the plaintiff's exercise of religion.
    (c) Full Faith and Credit.--Adjudication of a claim of a violation
of section 2 in a non-Federal forum shall not be entitled to full faith
and credit in a Federal court unless the claimant had a full and fair
adjudication of that claim in the non-Federal forum.
    (d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
            (1) by inserting ``the Religious Land Use and
        Institutionalized Persons Act of 2000,'' after ``Religious
        Freedom Restoration Act of 1993,''; and
            (2) by striking the comma that follows a comma.
    (e) Prisoners.--Nothing in this Act shall be construed to amend or
repeal the Prison Litigation Reform Act of 1995 (including provisions
of law amended by that Act).
    (f) Authority of United States To Enforce This Act.--The United
States may bring an action for injunctive or declaratory relief to
enforce compliance with this Act. Nothing in this subsection shall be
construed to deny, impair, or otherwise affect any right or authority
of the Attorney General, the United States, or any agency, officer, or
employee of the United States, acting under any law other than this
subsection, to institute or intervene in any proceeding.
    (g) Limitation.--If the only jurisdictional basis for applying a
provision of this Act is a claim that a substantial burden by a
government on religious exercise affects, or that removal of that
substantial burden would affect, commerce with foreign nations, among
the several States, or with Indian tribes, the provision shall not
apply if the government demonstrates that all substantial burdens on,
or the removal of all substantial burdens from, similar religious
exercise throughout the Nation would not lead in the aggregate to a
substantial effect on commerce with foreign nations, among the several
States, or with Indian tribes.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
    (b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis for restricting or burdening religious exercise or for
claims against a religious organization, including any religiously
affiliated school or university, not acting under color of law.
    (c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require a
government to incur expenses in its own operations to avoid imposing a
substantial burden on religious exercise.
    (d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
            (1) authorize a government to regulate or affect, directly
        or indirectly, the activities or policies of a person other
        than a government as a condition of receiving funding or other
        assistance; or
            (2) restrict any authority that may exist under other law
        to so regulate or affect, except as provided in this Act.
    (e) Governmental Discretion in Alleviating Burdens on Religious
Exercise.--A government may avoid the preemptive force of any provision
of this Act by changing the policy or practice that results in a
substantial burden on religious exercise, by retaining the policy or
practice and exempting the substantially burdened religious exercise,
by providing exemptions from the policy or practice for applications
that substantially burden religious exercise, or by any other means
that eliminates the substantial burden.
    (f) Effect on Other Law.--With respect to a claim brought under
this Act, proof that a substantial burden on a person's religious
exercise affects, or removal of that burden would affect, commerce with
foreign nations, among the several States, or with Indian tribes, shall
not establish any inference or presumption that Congress intends that
any religious exercise is, or is not, subject to any law other than
this Act.
    (g) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious exercise, to the maximum extent permitted
by the terms of this Act and the Constitution.
    (h) No Preemption or Repeal.--Nothing in this Act shall be
construed to preempt State law, or repeal Federal law, that is equally
as protective of religious exercise as, or more protective of religious
exercise than, this Act.
    (i) Severability.--If any provision of this Act or of an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.

SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.

    Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the first amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ``Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. In
this section, the term ``granting'', used with respect to government
funding, benefits, or exemptions, does not include the denial of
government funding, benefits, or exemptions.

SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.

    (a) Definitions.--Section 5 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
            (1) in paragraph (1), by striking ``a State, or a
        subdivision of a State'' and inserting ``or of a covered
        entity'';
            (2) in paragraph (2), by striking ``term'' and all that
        follows through ``includes'' and inserting ``term `covered
        entity' means''; and
            (3) in paragraph (4), by striking all after ``means'' and
        inserting ``religious exercise, as defined in section 8 of the
        Religious Land Use and Institutionalized Persons Act of
        2000.''.
    (b) Conforming Amendment.--Section 6(a) of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking
``and State''.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Claimant.--The term ``claimant'' means a person raising
        a claim or defense under this Act.
            (2) Demonstrates.--The term ``demonstrates'' means meets
        the burdens of going forward with the evidence and of
        persuasion.
            (3) Free exercise clause.--The term ``Free Exercise
        Clause'' means that portion of the first amendment to the
        Constitution that proscribes laws prohibiting the free exercise
        of religion.
            (4) Government.--The term ``government''--
                    (A) means--
                            (i) a State, county, municipality, or other
                        governmental entity created under the authority
                        of a State;
                            (ii) any branch, department, agency,
                        instrumentality, or official of an entity
                        listed in clause (i); and
                            (iii) any other person acting under color
                        of State law; and
                    (B) for the purposes of sections 4(b) and 5,
                includes the United States, a branch, department,
                agency, instrumentality, or official of the United
                States, and any other person acting under color of
                Federal law.
            (5) Land use regulation.--The term ``land use regulation''
        means a zoning or landmarking law, or the application of such a
        law, that limits or restricts a claimant's use or development
        of land (including a structure affixed to land), if the
        claimant has an ownership, leasehold, easement, servitude, or
        other property interest in the regulated land or a contract or
        option to acquire such an interest.
            (6) Program or activity.--The term ``program or activity''
        means all of the operations of any entity described in
        paragraph (1) or (2) of section 606 of the Civil Rights Act of
        1964 (42 U.S.C. 2000d-4a).
            (7) Religious exercise.--
                    (A) In general.--The term ``religious exercise''
                includes any exercise of religion, whether or not
                compelled by, or central to, a system of religious
                belief.
                    (B) Rule.--The use, building, or conversion of real
                property for the purpose of religious exercise shall be
                considered to be religious exercise of the person or
                entity that uses or intends to use the property for
                that purpose.

Summary: Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person: (1) is in furtherance of a compelling governmental interest. And (2) is the least restrictive means of furthering that compelling governmental interest. States that nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 .


SECTION 1. COMPLIANCE WITH TARIFF ACT OF 1930.

    (a) Definitions.--Section 801 of the Tariff Act of 1930 (19 U.S.C.
1681) is amended by adding at the end the following:
            ``(3) Delivery sale.--The term `delivery sale' means any
        sale of cigarettes or a smokeless tobacco product to a consumer
        if--
                    ``(A) the consumer submits the order for such sale
                by means of a telephone or other method of voice
                transmission, the mail, or the Internet or other online
                service, or the seller is otherwise not in the physical
                presence of the buyer when the request for purchase or
                order is made; or
                    ``(B) the cigarettes or smokeless tobacco product
                is delivered by use of a common carrier, private
                delivery service, or the mail, or the seller is not in
                the physical presence of the buyer when the buyer
                obtains personal possession of the delivered cigarettes
                or smokeless tobacco product.
            ``(4) Indian tribe.--The terms `Indian tribe' and `tribal'
        refer to an Indian tribe as defined in the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e))
        or as listed pursuant to section 104 of the Federally
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).''.
    (b) Inapplicability of Exemptions From Requirements for Entry of
Certain Cigarettes and Smokeless Tobacco Products.--Section 802(b)(1)
of the Tariff Act of 1930 (19 U.S.C. 1681a(b)(1)) is amended by adding
at the end the following new sentence: ``The preceding sentence shall
not apply to any cigarettes or smokeless tobacco products sold in
connection with a delivery sale.''.
    (c) State Access to Customs Certifications.--Section 802 of that
Act is further amended by adding at the end the following new
subsection:
    ``(d) State Access to Customs Certifications.--A State, through its
Attorney General, shall be entitled to obtain copies of any
certification required under subsection (c) directly--
            ``(1) upon request to the agency of the United States
        responsible for collecting such certification; or
            ``(2) upon request to the importer, manufacturer, or
        authorized official of such importer or manufacturer.''.
    (d) Enforcement Provisions.--Section 803 of that Act (19 U.S.C.
1681b) is amended--
            (1) in subsection (b)--
                    (A) in the first sentence, by inserting before the
                period the following: ``, or to any State in which such
                tobacco product, cigarette papers, or tube is found'';
                and
                    (B) in the second sentence, by inserting ``, or to
                any State,'' after ``the United States''; and
            (2) by adding at the end the following new subsection:
    ``(c) Actions by States and Others.--
            ``(1) In general.--Any person who holds a permit under
        chapter 52 of the Internal Revenue Code of 1986 may bring an
        action in the United States district courts against any person,
        other than a State, local, or tribal government, to prevent and
        restrain violations of this title--
                    ``(A) by that person; or
                    ``(B) by another person controlled by that person.
            ``(2) Relief for state and local governments.--A State,
        acting through its attorney general, or a local government,
        acting through its chief law enforcement officer (or a designee
        thereof), may bring a civil action under this title against any
        person--
                    ``(A) to prevent and restrain violations of this
                title--
                            ``(i) by that person; or
                            ``(ii) by another person controlled by that
                        person; or
                    ``(B) to obtain any other appropriate relief for
                violations of this title--
                            ``(i) by that person, or
                            ``(ii) by another person controlled by that
                        person,
                including civil penalties, money damages, and
                injunctive or other equitable relief.
            ``(3) Construction generally.--
                    ``(A) In general.--Nothing in this subsection shall
                be deemed to abrogate or constitute a waiver of any
                sovereign immunity of a State or local government or an
                Indian tribe against any unconsented lawsuit under this
                title or to otherwise restrict, expand, or modify any
                sovereign immunity of a State or local government or an
                Indian tribe.
                    ``(B) Construction with other relief.--The remedies
                available under this subsection are in addition to any
                other remedies available under Federal, State, local,
                or other law.
            ``(4) Construction with forfeiture provisions.--Nothing in
        this subsection shall be construed to require a State to first
        bring an action under paragraph (2) when pursuing relief under
        subsection (b).
    ``(d) Construction With State Authorities.--Nothing in this title
shall be construed to expand, restrict, or otherwise modify the right
of an authorized State official from proceeding in any State court, or
taking other enforcement actions, on the basis of alleged violation of
State or other law.''.
    (e) Inclusion of Smokeless Tobacco.--
            (1) Sections 802 and 803(a) of that Act (other than the
        last sentence of section 802(b)(1), as added by subsection (b)
        of this section) are further amended by inserting ``or
        smokeless tobacco products'' after ``cigarettes'' each place it
        appears.
            (2) Section 802 of such Act is further amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting ``or
                        section 4 of the Comprehensive Smokeless
                        Tobacco Health Education Act of 1986 (15 U.S.C.
                        4403), as the case may be'' after ``section 7
                        of the Federal Cigarette Labeling and
                        Advertising Act (15 U.S.C. 1335a)'';
                            (ii) in paragraph (2), by inserting ``or
                        section 3 of the Comprehensive Smokeless
                        Tobacco Health Education Act of 1986 (15 U.S.C.
                        4402), as the case may be,'' after ``section 4
                        of the Federal Cigarette Labeling and
                        Advertising Act (15 U.S.C. 1333)''; and
                            (iii) in paragraph (3), by inserting ``or
                        section 3(d) of the Comprehensive Smokeless
                        Tobacco Health Education Act of 1986 (15 U.S.C.
                        4402(d)), as the case may be,'' after ``section
                        4(c) of the Federal Cigarette Labeling and
                        Advertising Act (15 U.S.C. 1333(c))'';
                    (B) in subsection (b)--
                            (i) in the paragraph caption of paragraph
                        (1), by inserting ``or smokeless tobacco''
                        after ``cigarettes''; and
                            (ii) in the paragraph caption of paragraphs
                        (2) and (3), by inserting ``or smokeless
                        tobacco'' after ``cigarettes''; and
                    (C) in subsection (c)--
                            (i) in the subsection caption, by inserting
                        ``or Smokeless Tobacco'' after ``Cigarette'';
                            (ii) in paragraph (1), by inserting ``or
                        section 4 of the Comprehensive Smokeless
                        Tobacco Health Education Act of 1986 (15 U.S.C.
                        4403), as the case may be'' after ``section 7
                        of the Federal Cigarette Labeling and
                        Advertising Act (15 U.S.C. 1335a)'';
                            (iii) in paragraph (2)(A), by inserting
                        ``or section 3 of the Comprehensive Smokeless
                        Tobacco Health Education Act of 1986 (15 U.S.C.
                        4402), as the case may be,'' after ``section 4
                        of the Federal Cigarette Labeling and
                        Advertising Act (15 U.S.C. 1333)''; and
                            (iv) in paragraph (2)(B), by inserting ``or
                        section 3(d) of the Comprehensive Smokeless
                        Tobacco Health Education Act of 1986 (15 U.S.C.
                        4402(d)), as the case may be'' after ``section
                        4(c) of the Federal Cigarette Labeling and
                        Advertising Act (15 U.S.C. 1333(c))''.
            (3) Section 803(b) of that Act, as amended by subsection
        (d)(1) of this section, is further amended by inserting ``, or
        any smokeless tobacco product,'' after ``or tube'' the first
        place it appears.
            (4)(A) The heading of title VIII of such Act is amended by
        inserting ``AND SMOKELESS TOBACCO'' after ``CIGARETTES''.
            (B) The heading of section 802 of such Act is amended by
        inserting ``and smokeless tobacco'' after ``cigarettes''.

SEC. 2. APPLICATION OF CIVIL PENALTIES TO RELANDINGS OF TOBACCO
              PRODUCTS SOLD IN A DELIVERY SALE.

    (a) In General.--Section 5761 of the Internal Revenue Code of 1986
(relating to civil penalties) is amended by redesignating subsections
(d) and (e) as subsections (e) and (f), respectively, and inserting
after subsection (c) the following new subsection:
    ``(d) Personal Use Quantities.--
            ``(1) In general.--No quantity of tobacco products other
        than the quantity referred to in paragraph (2) may be relanded
        or received as a personal use quantity.
            ``(2) Exception for personal use quantity.--Subsection (c)
        and section 5754 shall not apply to any person who relands or
        receives tobacco products in the quantity allowed entry free of
        tax and duty under chapter 98 of the Harmonized Tariff Schedule
        of the United States, and such person may voluntarily
        relinquish to the Secretary at the time of entry any excess of
        such quantity without incurring the penalty under subsection
        (c).
            ``(3) Special rule for delivery sales.--
                    ``(A) In general.--Paragraph (2) shall not apply to
                any tobacco product sold in connection with a delivery
                sale.
                    ``(B) Delivery sale.--For purposes of subparagraph
                (A), the term `delivery sale' means any sale of a
                tobacco product to a consumer if--
                            ``(i) the consumer submits the order for
                        such sale by means of a telephone or other
                        method of voice transmission, the mail, or the
                        Internet or other online service, or the seller
                        is otherwise not in the physical presence of
                        the buyer when the request for purchase or
                        order is made, or
                            ``(ii) the tobacco product is delivered by
                        use of a common carrier, private delivery
                        service, or the mail, or the seller is not in
                        the physical presence of the buyer when the
                        buyer obtains personal possession of the
                        tobacco product.''.
    (b) Conforming Amendments.--
            (1) Subsection (c) of section 5761 of such Code is amended
        by striking the last two sentences.
            (2) Paragraph (1) of section 5754(c) of such Code is
        amended by striking ``section 5761(c)'' and inserting ``section
        5761(d)''.

Summary: Amends the Tariff Act of 1930 to define delivery sale of a tobacco product as any sale of cigarettes or a smokeless tobacco product to a consumer if: (1) the consumer submits the purchase order by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the buyer's physical presence when the purchase request or order is made. Or (2) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the buyer's physical presence when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product. Makes the personal use exemption from tobacco import requirements inapplicable to cigarettes or smokeless tobacco products sold in connection with a delivery sale. Allows states access to copies of Customs Service certifications required for cigarette imports. Permits any tobacco product, cigarette papers, or tube found in violation of the Act to be forfeited for destruction to any state in which it is found. Authorizes persons who hold permits under the Internal Revenue Code concerning tobacco products, cigarette papers, and tubes to bring an action in the US district courts against any person, other than a state, local, or tribal government, to prevent and restrain violations of the Act. Authorizes state and local governments to bring civil actions for prevention or restraint against persons who violate the Act. Subjects smokeless tobacco products to the same entry requirements and enforcement mechanisms as apply to certain cigarettes under the Act. Amends the Internal Revenue Code to impose civil penalties against persons for relanding, except for personal use, tobacco products sold in a delivery sale.

To amend the Tariff Act of 1930 and the Internal Revenue Code of 1986 relating to importation of tobacco products.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disclosure; and Encouragement of
Verification, Innovation, Cleaning, and Efficiency Act of 2017'' or the
``DEVICE Act of 2017''.

SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION
              CHANGES.

    (a) Adulteration.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph
(j) the following:
    ``(k) If it is a device with respect to which the manufacturer is
in violation of the reporting requirement in section 510(q) (relating
to design and reprocessing changes).''.
    (b) Requirement.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the
following:
    ``(q) Reporting Requirement for Device Design Changes.--Before
making a change to the design of a device, or the reprocessing
instructions of a device, that is marketed in interstate commerce, the
manufacturer of the device shall give written notice of the change to
the Food and Drug Administration.''.

SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN
              HEALTH CARE PROVIDERS.

    (a) Adulteration.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is
further amended by inserting after paragraph (k) the following:
    ``(l) If it is a device with respect to which the manufacturer is
in violation of the reporting requirement in section 510(r) (relating
to communications to foreign health care providers).''.
    (b) Requirement.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is
further amended by adding at the end the following:
    ``(r) Reporting Requirement for Certain Communications to Foreign
Health Care Providers.--
            ``(1) Requirement.--The manufacturer of a device that is
        marketed in interstate commerce shall give written notice to
        the Food and Drug Administration of any communication described
        in paragraph (2) not more than 5 calendar days after making
        such communication.
            ``(2) Communication described.--A communication is
        described in this paragraph if the communication--
                    ``(A) is made by the manufacturer of the device or
                an affiliate of the manufacturer;
                    ``(B) relates to a change to the design of the
                device, a change to the recommended reprocessing
                protocols, if any, for the device, or a safety concern
                about the device; and
                    ``(C) is widely disseminated (including on a
                voluntary basis) to health care providers in a foreign
                country.
            ``(3) Affiliate.--In this subsection, the term `affiliate'
        means a business entity that has a relationship with a second
        business entity if, directly or indirectly--
                    ``(A) one business entity controls, or has the
                power to control, the other business entity; or
                    ``(B) a third party controls, or has the power to
                control, both of the business entities.''.

SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING.

    (a) Inclusion in Device Definition.--Section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended--
            (1) in paragraph (h)--
                    (A) in subparagraph (2), by striking ``or'' at the
                end;
                    (B) in subparagraph (3), by striking ``and'' at the
                end and inserting ``or''; and
                    (C) by inserting after subparagraph (3) the
                following:
            ``(4) a rapid assessment test intended to ensure the proper
        reprocessing of a reusable device (as defined in paragraph
        (ss)), and''; and
            (2) by adding at the end the following:
    ``(ss) The term `reusable device' means a device that--
            ``(1) is intended to be used more than one time; and
            ``(2) must be sanitized (whether through cleaning,
        disinfection, or sterilization) to ensure that the device is
        safe and effective for such intended use.''.
    (b) Instructions for Use and Validation Data.--Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by
sections 2 and 3 of this Act, is further amended by adding at the end
the following:
    ``(s) Instructions for Use and Validation Data.--
            ``(1) Initial list.--Not later than 1 year after the date
        of enactment of this subsection, the Secretary shall by
        regulation develop and publish a list of types of rapid
        assessment tests described in section 201(h)(4) for which
        reports under subsection (k) must include--
                    ``(A) instructions for use that have been validated
                in a manner specified by the Secretary; and
                    ``(B) validation data, of the types specified by
                the Secretary.
            ``(2) Updates.--The Secretary shall by regulation
        periodically update the list required by paragraph (1).
            ``(3) Enforcement.--Beginning on the date of publication of
        the initial list under paragraph (1), the Secretary shall not
        accept any notification under subsection (k) for clearance of a
        type of rapid assessment test that is included on such list
        unless such notification includes instructions for use and
        validation data in accordance with paragraph (1).''.

Summary: Disclosure. And Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2017 or the DEVICE Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require medical device manufacturers to notify the Food and Drug Administration (FDA): (1) before making changes to the design or reprocessing instructions of a device, and (2) no more than five days after widely disseminating to health care providers in a foreign country communications regarding changes to the design or reprocessing instructions of a device or regarding a safety concern about a device. A device may not be sold if the manufacturer violates these notification requirements. Rapid assessment tests intended to ensure the proper reprocessing of reusable medical devices are defined as medical devices. The FDA must publish a list of the types of rapid assessment tests for which premarket notification must include validated instructions for use and validation data.