SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the populations of all but 1 species of rhinoceros, and
        the tiger, have significantly declined in recent years and
        continue to decline;
            (2) these species of rhinoceros and tiger are listed as
        endangered species under the Endangered Species Act of 1973 (16
        U.S.C. 1531 et seq.) and listed on Appendix I of the Convention
        on International Trade in Endangered Species of Wild Fauna and
        Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249)
        (referred to in this Act as ``CITES'');
            (3) the Parties to CITES have adopted several resolutions--
                    (A) relating to the conservation of tigers (Conf.
                9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging
                Parties to CITES to implement legislation to reduce
                illegal trade in parts and products of the species; and
                    (B) relating to trade in readily recognizable parts
                and products of the species (Conf. 9.6), and trade in
                traditional medicines (Conf. 10.19), recommending that
                Parties ensure that their legislation controls trade in
                those parts and derivatives, and in medicines
                purporting to contain them;
            (4) a primary cause of the decline in the populations of
        tiger and most rhinoceros species is the poaching of the
        species for use of their parts and products in traditional
        medicines;
            (5) there are insufficient legal mechanisms enabling the
        United States Fish and Wildlife Service to interdict products
        that are labeled or advertised as containing substances derived
        from rhinoceros or tiger species and prosecute the
        merchandisers for sale or display of those products; and
            (6) legislation is required to ensure that--
                    (A) products containing, or labeled or advertised
                as containing, rhinoceros parts or tiger parts are
                prohibited from importation into, or exportation from,
                the United States; and
                    (B) efforts are made to educate persons regarding
                alternatives for traditional medicine products, the
                illegality of products containing, or labeled or
                advertised as containing, rhinoceros parts and tiger
                parts, and the need to conserve rhinoceros and tiger
                species generally.

SEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994.

    Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5302) is amended by adding at the end the following:
            ``(3) To prohibit the sale, importation, and exportation of
        products intended for human consumption or application
        containing, or labeled or advertised as containing, any
        substance derived from any species of rhinoceros or tiger.''.

SEC. 4. DEFINITION OF PERSON.

    Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5303) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) `person' means--
                    ``(A) an individual, corporation, partnership,
                trust, association, or other private entity;
                    ``(B) an officer, employee, agent, department, or
                instrumentality of--
                            ``(i) the Federal Government;
                            ``(ii) any State, municipality, or
                        political subdivision of a State; or
                            ``(iii) any foreign government;
                    ``(C) a State, municipality, or political
                subdivision of a State; or
                    ``(D) any other entity subject to the jurisdiction
                of the United States.''.

SEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) is amended--
            (1) by redesignating section 7 as section 9; and
            (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    ``(a) Prohibition.--A person shall not sell, import, or export, or
attempt to sell, import, or export, any product, item, or substance
intended for human consumption or application containing, or labeled or
advertised as containing, any substance derived from any species of
rhinoceros or tiger.
    ``(b) Penalties.--
            ``(1) Criminal penalty.--A person engaged in business as an
        importer, exporter, or distributor that knowingly violates
        subsection (a) shall be fined under title 18, United States
        Code, imprisoned not more than 6 months, or both.
            ``(2) Civil penalties.--
                    ``(A) In general.--A person that knowingly violates
                subsection (a), and a person engaged in business as an
                importer, exporter, or distributor that violates
                subsection (a), may be assessed a civil penalty by the
                Secretary of not more than $12,000 for each violation.
                    ``(B) Manner of assessment and collection.--A civil
                penalty under this paragraph shall be assessed, and may
                be collected, in the manner in which a civil penalty
                under the Endangered Species Act of 1973 may be
                assessed and collected under section 11(a) of that Act
                (16 U.S.C. 1540(a)).
    ``(c) Products, Items, and Substances.--Any product, item, or
substance sold, imported, or exported, or attempted to be sold,
imported, or exported, in violation of this section or any regulation
issued under this section shall be subject to seizure and forfeiture to
the United States.
    ``(d) Regulations.--After consultation with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the United
States Trade Representative, the Secretary shall issue such regulations
as are appropriate to carry out this section.
    ``(e) Enforcement.--The Secretary, the Secretary of the Treasury,
and the Secretary of the department in which the Coast Guard is
operating shall enforce this section in the manner in which the
Secretaries carry out enforcement activities under section 11(e) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
    ``(f) Use of Penalty Amounts.--Amounts received as penalties,
fines, or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).''.

SEC. 6. EDUCATIONAL OUTREACH PROGRAM.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) (as amended by section 5) is amended by inserting after
section 7 the following:

``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall develop and implement an
educational outreach program in the United States for the conservation
of rhinoceros and tiger species.
    ``(b) Guidelines.--The Secretary shall publish in the Federal
Register guidelines for the program.
    ``(c) Contents.--Under the program, the Secretary shall publish and
disseminate information regarding--
            ``(1) laws protecting rhinoceros and tiger species, in
        particular laws prohibiting trade in products containing, or
        labeled or advertised as containing, their parts;
            ``(2) use of traditional medicines that contain parts or
        products of rhinoceros and tiger species, health risks
        associated with their use, and available alternatives to the
        medicines; and
            ``(3) the status of rhinoceros and tiger species and the
        reasons for protecting the species.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5306) (as redesignated by section 5(1)) is amended by striking
``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through
2002''.

            Passed the Senate October 8 (legislative day, October 2),
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                 S. 361

_______________________________________________________________________

                                 AN ACT

To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit
 the sale, importation, and exportation of products intended for human
  consumption or application containing, or labeled or advertised as
  containing, any substance derived from any species of rhinoceros or
tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of
                     1994, and for other purposes.

Summary: Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. Sets forth both criminal and civil penalties. Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. Authorizes appropriations through FY 2002.


SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE
              AND LOCAL POLITICAL ORGANIZATIONS.

    (a) Notification.--Paragraph (5) of section 527(i) of the Internal
Revenue Code of 1986 (relating to organizations must notify Secretary
that they are section 527 organizations) is amended by striking ``or''
at the end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, or'', and by adding at the end the
following:
                    ``(C) which is a political committee of a State or
                local candidate, or a local committee of a political
                party, as defined by State law.''.
    (b) Exemption for Certain State and Local Political Committees From
Reporting Requirements.--
            (1) In general.--Paragraph (5) of section 527(j) of such
        Code (relating to required disclosures of expenditures and
        contributions) is amended by redesignating subparagraphs (C),
        (D), and (E) as subparagraphs (D), (E), and (F), respectively,
        and by inserting after subparagraph (B) the following new
        subparagraph:
                    ``(C) to any organization which is an exempt State
                or local political organization,''.
            (2) Exempt state or local political organization.--
        Subsection (e) of section 527 of such Code (relating to other
        definitions) is amended by adding at the end the following new
        paragraph:
            ``(5) Exempt state or local political organization.--
                    ``(A) In general.--The term `exempt State or local
                political organization' means a political
                organization--
                            ``(i) which does not engage in any exempt
                        function other than to influence or to attempt
                        to influence the selection, nomination,
                        election, or appointment of any individual to
                        any State or local public office or office in a
                        State or local political organization,
                            ``(ii) which is subject to State or local
                        requirements to submit reports containing
                        information--
                                    ``(I) regarding individual
                                expenditures from and contributions to
                                such organization, and
                                    ``(II) regarding the person who
                                makes such contributions or receives
                                such expenditures,
                        which is substantially similar to the
                        information which would otherwise be required
                        to be reported under this section, and
                            ``(iii) with respect to which the reports
                        referred to in clause (ii) are made public by
                        the agency with which such reports are filed
                        and are publicly available for inspection in a
                        manner similar to that required by section
                        6104(d)(1).
                    ``(B) Participation of federal candidate or office
                holder.--The term `exempt State or local political
                organization' shall not include any organization
                otherwise described in subparagraph (A) if a candidate
                for nomination or election to Federal elective office
                or an individual who holds such office--
                            ``(i) controls or materially participates
                        in the direction of the organization, or
                            ``(ii) directs, in whole or in part,
                        expenditures or fundraising activities of the
                        organization.''.
    (c) Annual Return Requirements.--
            (1) Income tax returns required only where political
        organization taxable income.--Paragraph (6) of section 6012(a)
        of such Code (relating to general rule of persons required to
        make returns of income) is amended by striking ``or which has
        gross receipts of $25,000 or more for the taxable year (other
        than an organization to which section 527 applies solely by
        reason of subsection (f)(1) of such section)''.
            (2) Information returns.--Subsection (g) of section 6033 of
        such Code (relating to returns required by political
        organizations) is amended to read as follows:
    ``(g) Returns Required by Political Organizations.--
            ``(1) In general.--Every political organization (within the
        meaning of section 527(e)(1)), and every fund treated under
        section 527(g) as if it constituted a political organization,
        which has gross receipts of $25,000 or more for the taxable
        year shall file a return--
                    ``(A) containing the information required, and
                complying with the other requirements, under subsection
                (a)(1) for organizations exempt from taxation under
                section 501(a), and
                    ``(B) containing such other information as the
                Secretary deems necessary to carry out the provisions
                of this subsection.
            ``(2) Exceptions from filing.--
                    ``(A) Mandatory exceptions.--Paragraph (1) shall
                not apply to an organization--
                            ``(i) which is an exempt State or local
                        political organization (as defined in section
                        527(e)(5)),
                            ``(ii) which is a State or local committee
                        of a political party, or political committee of
                        a State or local candidate, as defined by State
                        law,
                            ``(iii) which is a caucus or association of
                        State or local elected officials,
                            ``(iv) which is a national association of
                        State or local officials,
                            ``(v) which is an authorized committee (as
                        defined in section 301(6) of the Federal
                        Election Campaign Act of 1971) of a candidate
                        for Federal office,
                            ``(vi) which is a national committee (as
                        defined in section 301(14) of the Federal
                        Election Campaign Act of 1971) of a political
                        party, or
                            ``(vii) to which section 527 applies for
                        the taxable year solely by reason of subsection
                        (f)(1) of such section.
                    ``(B) Discretionary exception.--The Secretary may
                relieve any organization required under paragraph (1)
                to file an information return from filing such a return
                where he determines that such filing is not necessary
                to the efficient administration of the internal revenue
                laws.''.
    (d) Waiver of Penalties.--Section 527 of such Code is amended by
adding at the end the following:
    ``(k) Authority To Waive.--The Secretary may waive all or any
portion of the--
            ``(1) tax assessed on an organization by reason of the
        failure of the organization to give notice under subsection
        (i), or
            ``(2) penalty imposed under subsection (j) for a failure to
        file a report,
on a showing that such failure was due to reasonable cause and not due
to willful neglect.''.
    (e) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.

SEC. 2. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.

    (a) In General.--The Secretary of the Treasury, in consultation
with the Federal Election Commission, shall publicize information on--
            (1) the effect of the amendments made by this Act, and
            (2) the interaction of requirements to file a notification
        or report under section 527 of the Internal Revenue Code of
        1986 and reports under the Federal Election Campaign Act of
        1971.
    (b) Information.--Information provided under subsection (a) shall
be included in any appropriate form, instruction, notice, or other
guidance issued to the public by the Secretary of the Treasury or the
Federal Election Commission regarding reporting requirements of
political organizations (as defined in section 527 of the Internal
Revenue Code of 1986) or reporting requirements under the Federal
Election Campaign Act of 1971.

SEC. 3. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE
              PROVISIONS.

    (a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section
527(i) of the Internal Revenue Code of 1986 (relating to failure to
notify) is amended by adding at the end the following new sentence:
``For purposes of the preceding sentence, the term `exempt function
income' means any amount described in a subparagraph of subsection
(c)(3), whether or not segregated for use for an exempt function.''.
    (b) Procedures for Assessment and Collection of Penalty.--Paragraph
(1) of section 527(j) of such Code (relating to required disclosure of
expenditures and contributions) is amended by adding at the end the
following new sentence: ``For purposes of subtitle F, the penalty
imposed by this paragraph shall be assessed and collected in the same
manner as penalties imposed by section 6652(c).''.
    (c) Application of Fraud Penalty.--Section 7207 of such Code
(relating to fraudulent returns, statements, and other documents) is
amended by striking ``pursuant to subsection (b) of section 6047 or
pursuant to subsection (d) of section 6104'' and inserting ``pursuant
to section 6047(b), section 6104(d), or subsection (i) or (j) of
section 527''.
    (d) Duplicate Electronic and Written Filings Not Required.--
            (1) Subparagraph (A) of section 527(i)(1) of such Code is
        amended by striking ``, electronically and in writing,''.
            (2) Subsection (i) of section 527 of such Code is amended
        by adding at the end the following new paragraph:
            ``(7) Electronic filing.--The Secretary shall develop
        procedures for submission in electronic form of notices
        required to be filed under this subsection and reports required
        to be filed under subsection (j).''.
    (e) Effective Dates.--
            (1) Subsections (a) and (b).--The amendments made by
        subsections (a) and (b) shall apply to failures occurring on or
        after the date of the enactment of this Act.
            (2) Subsections (c) and (d).--The amendments made by
        subsections (c) and (d) shall take effect as if included in the
        amendments made by Public Law 106-230.

Summary: Amends the Internal Revenue Code to: (1) exempt State and local candidate committees, as well as local committees of political parties, from specified notification requirements. (2) exempt certain State and local political organizations from specified reporting requirements. (3) remove language dictating that certain political organizations with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts shall file income tax returns. (4) mandate that, with certain designated exceptions, every political organization with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts file information returns with specified information including income, receipts and disbursements, as well as facts deemed necessary by the Secretary of the Treasury, (5) authorize the Secretary to waive certain related penalties, and (6) amend related penalty provisions.

To amend section 527 of the Internal Revenue Code of 1986 to eliminate reporting and return requirements for State and local candidate committees and to avoid duplicate reporting of campaign-related information.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Trafficking Elimination Act of
2007''.

                     TITLE I--CRIMINAL ENHANCEMENTS

SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MANUFACTURING,
              DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO
              MANUFACTURE, DISTRIBUTE, OR POSSESS LARGE AMOUNTS OF
              HEROIN, MARIHUANA, AND METHAMPHETAMINE.

    Section 401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) is amended by adding at the end the following new
subparagraph:
    ``(E) In the case of a violation of subsection (a) of this section
involving--
            ``(i) more than 10 kilograms of a mixture or substance
        containing a detectable amount of heroin;
            ``(ii) more than 10,000 kilograms of a mixture or substance
        containing a detectable amount of marihuana, or more than
        10,000 marihuana plants regardless of weight; or
            ``(iii) more than 500 grams of methamphetamine, its salts,
        isomers, and salts of its isomers or more than 1.5 kilograms of
        a mixture or substance containing a detectable amount of
        methamphetamine, its salts, isomers, or salts of its isomers,
such person shall be subject to the same penalties as applicable under
subparagraph (A) of this paragraph, except that such person shall be
sentenced to a term of imprisonment which may not be less than 20
years.''.

SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IMPORTATION AND
              EXPORTATION OF LARGE AMOUNTS OF HEROIN, MARIHUANA, AND
              METHAMPHETAMINE.

    Section 1010(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)) is amended by adding at the end the following new
paragraph:
    ``(5) In the case of a violation of subsection (a) of this section
involving--
            ``(A) more than 10 kilograms of a mixture or substance
        containing a detectable amount of heroin;
            ``(B) more than 10,000 kilograms of a mixture or substance
        containing a detectable amount of marihuana; or
            ``(C) more than 500 grams of methamphetamine, its salts,
        isomers, and salts of its isomers or more than 1.5 kilograms of
        a mixture or substance containing a detectable amount of
        methamphetamine, its salts, isomers, or salts of its isomers,
the person committing such violation shall be subject to the same
penalties as applicable under paragraph (1) of this subsection, except
that such person shall be sentenced to a term of imprisonment which may
not be less than 20 years.''.

SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.

    Section 401(b)(5) of the Controlled Substances Act (21 U.S.C.
841(b)(5)) is amended to read as follows:
    ``(5) Manufacture or Cultivation on Federal Property.--Any person
who violates subsection (a) of this section by manufacturing or
cultivating a controlled substance on Federal property shall be
imprisoned for a term of not more than 10 years, which shall be imposed
consecutively and in addition to the penalty imposed under paragraph
(1).''.

SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL LAND.

    Section 401(b)(6) of the Controlled Substances Act (21 U.S.C.
841(b)(6)) is amended to read as follows:
    ``(6) Use of Hazardous Substances.--Any person who violates
subsection (a) and knowingly uses a poison, chemical, or other
hazardous substance on Federal land, and by such use--
            ``(A) creates a serious hazard to humans, wildlife, or
        domestic animals;
            ``(B) degrades or harms the environment or natural
        resources; or
            ``(C) pollutes an aquifer, spring, stream, river, or body
        of water,
shall be imprisoned for a term of not more than 5 years, which shall be
imposed consecutively and in addition to the penalty imposed under
paragraphs (1) and (5).''.

SEC. 105. LISTED CHEMICALS.

    Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c))
is amended by striking ``20 years'' and ``10 years'' and inserting ``30
years'' and ``20 years'', respectively.

SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED TO DRUG TRAFFICKING,
              AND DANGEROUS DRUG TRAFFICKING ORGANIZATIONS.

    (a) Murder and Other Violent Crimes Committed During and in
Relation to a Drug Trafficking Crime.--Part D of the Controlled
Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end
the following new section:

``murder and other violent crimes committed during and in relation to a
                         drug trafficking crime

    ``Sec. 424.  (a) In General.--Whoever commits, or conspires, or
attempts to commit, a crime of violence during and in relation to a
drug trafficking crime, shall, unless the death penalty is otherwise
imposed, in addition and consecutive to the punishment provided for the
drug trafficking crime and in addition to being subject to a fine under
title 18, United States Code--
            ``(1) if the crime of violence results in the death of any
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated
        sexual abuse, or maiming, be imprisoned for life or any term of
        years not less than 30;
            ``(3) if the crime of violence is assault resulting in
        serious bodily injury, be imprisoned for life or any term of
        years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any
        term of years not less than 10.
    ``(b) Venue.--A prosecution for a violation of this section may be
brought in--
            ``(1) the judicial district in which the murder or other
        crime of violence occurred; or
            ``(2) any judicial district in which the drug trafficking
        crime may be prosecuted.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `aggravated sexual abuse' means an offense
        that, if committed in the special maritime and territorial
        jurisdiction would be an offense under section 2241(a) of title
        18, United States Code;
            ``(2) the term `crime of violence' has the meaning given
        that term in section 16 of title 18, United States Code;
            ``(3) the term `drug trafficking crime' has the meaning
        given that term in section 924(c)(2) of title 18, United States
        Code; and
            ``(4) the term `serious bodily injury' has the meaning
        given that term in section 1365 of title 18, United States
        Code.''.
    (b) Dangerous Drug Trafficking Organizations.--Part D of such Act
is further amended by adding after section 424, as added by subsection
(a) of this section, the following new section:

               ``dangerous drug trafficking organizations

    ``Sec. 425.  (a) In General.--Any person who knowingly engages in a
dangerous drug trafficking organization, as defined in subsection (b),
shall be imprisoned for not less than 20 years nor more than life,
fined in accordance with the provisions of title 18, United States
Code, or both.
    ``(b) Dangerous Drug Trafficking Organization Defined.--For
purposes of this section, the term `dangerous drug trafficking
organization' means a formal or informal group, organization, or
association of 5 or more individuals--
            ``(1) that has as one of its purposes the commission of one
        or more drug trafficking crimes (as defined in section
        924(c)(2) of title 18, United States Code);
            ``(2) one or more of the members of which commit or have
        committed, in furtherance of such purpose--
                    ``(A) more than one violation of this part the
                punishment of which is a felony; and
                    ``(B) 2 or more violations, in 2 or more separate
                criminal episodes, of section 424; and
            ``(3) the activities of which involve at least 50 times the
        quantity of a substance described in section 401(b)(1)(B).
    ``(c) Extraterritorial Jurisdiction.--There is jurisdiction over an
offense under this section committed outside the United States if the
individual committing the offense is a citizen of the United States or
an alien lawfully admitted to the United States for permanent residence
(as defined in section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20)).''.
    (c) Clerical Amendment.--The table of contents for the
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended
by inserting after the item relating to section 423 the following:

``Sec. 424. Murder and other violent crimes committed during and in
                            relation to a drug trafficking crime.
``Sec. 425. Dangerous drug trafficking organizations.''.

          TITLE II--PROTECTING CHILDREN FROM DRUG TRAFFICKERS

SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND PREGNANT PERSONS.

    (a) In General.--Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended to read as follows:

      ``distribution to persons under age 21 and pregnant persons

    ``Sec. 418.  (a) Distribution to Persons Under 21.--Except as
provided in subsection (b), any person at least 18 years of age who
violates section 401(a)(1) by distributing a controlled substance to a
person under 21 years of age shall be sentenced to a term of
imprisonment of not less than 3 years nor more than 10 years in
addition and consecutive to any punishment under section 401(b). The
mandatory minimum sentencing provisions of this subsection shall not
apply to offenses involving 5 grams or less of marihuana.
    ``(b) Distribution to Pregnant Persons.--Except as authorized by
this title, any person who knowingly provides or distributes any
controlled substance to a pregnant individual in violation of any
provision of this title shall be sentenced to a term of imprisonment of
not less than 3 years nor more than 10 years in addition and
consecutive to any punishment under section 401(b).
    ``(c) Second or Subsequent Offenses.--Any person at least 18 years
of age who violates subsections (a) or (b) after a prior conviction
under section 401(a) has become final shall be sentenced to a term of
imprisonment of not less than 5 years nor more than 20 years in
addition and consecutive to any punishment under section 401(b).
Penalties for third and subsequent convictions shall be governed by
section 401(b)(1)(A).''.
    (b) Clerical Amendment.--The item relating to section 418 in the
table of contents for the Comprehensive Drug Abuse Prevention and
Control Act of 1970 is amended to read as follows:

``Sec. 418. Distribution to persons under age 21 and pregnant
                            persons.''.

SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is
amended to read as follows:

                   ``distribution in or near schools

    ``Sec. 419.  (a) In General.--Except as provided by subsection (b),
whoever violates section 401(a)(1) or section 416 by distributing,
possessing with intent to distribute, or manufacturing a controlled
substance in or on, or within one thousand feet of, the real property
comprising a public or private elementary, vocational, or secondary
school or a public or private college, junior college, or university,
or a playground, or housing facility owned by a public housing
authority, or within 100 feet of a public or private youth center,
public swimming pool, or video arcade facility, shall be sentenced to a
term of imprisonment of not less than 3 years nor more than 10 years in
addition and consecutive to any punishment under section 401(b). The
mandatory minimum sentencing provisions of this subsection shall not
apply to offenses involving 5 grams or less of marihuana.
    ``(b) Second or Subsequent Offenses.--Whoever violates subsection
(a) after a prior conviction under section 401(a) has become final
shall be sentenced to a term of imprisonment of not less than 5 years
nor more than 20 years in addition and consecutive to any punishment
under section 401(b). Penalties for third and subsequent convictions
shall be governed by section 401(b)(1)(A).
    ``(c) Definitions.--As used in this section--
            ``(1) the term `playground' means any outdoor facility
        (including any parking lot appurtenant thereto) intended for
        recreation, open to the public, and with any portion thereof
        containing three or more separate apparatus intended for the
        recreation of children including, but not limited to, sliding
        boards, swingsets, and teeterboards;
            ``(2) the term `youth center' means any recreational
        facility and/or gymnasium (including any parking lot
        appurtenant thereto), intended primarily for use by persons
        under 18 years of age, which regularly provides athletic,
        civic, or cultural activities.
            ``(3) the term `video arcade facility' means any facility,
        legally accessible to children, intended primarily for the use
        of pinball and video machines for amusement containing a
        minimum of ten machines that are either pinball or video
        machines; and
            ``(4) the term `swimming pool' includes any parking lot
        appurtenant thereto.''.

SEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG
              OPERATIONS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is
amended to read as follows:

``employment or use of persons under 18 years of age in drug operations

    ``Sec. 420.  (a) Any person at least 18 years of age who
knowingly--
            ``(1) employs, hires, uses, persuades, induces, entices, or
        coerces, a person under 18 years of age to violate any
        provision of this title or title III;
            ``(2) employs, hires, uses, persuades, induces, entices, or
        coerces a person under 18 years of age to assist in avoiding
        detection or apprehension, for any such violation, by any
        Federal, State, or local law enforcement official; or
            ``(3) receives a controlled substance from a person under
        18 years of age, other than an immediate family member, in
        violation of this title or title III
shall be sentenced to a term of imprisonment of not less than 3 years
nor more than 10 years in addition and consecutive to any punishment
under section 401(b).
    ``(b) Whoever violates subsection (a) after a prior conviction
under section 401(a) has become final shall be sentenced to a term of
imprisonment of not less than 5 years nor more than 20 years in
addition and consecutive to any punishment under section 401(b).
Penalties for third and subsequent convictions shall be governed by
section 401(b)(1)(A).''.

SEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RELATION TO INVOLVEMENT
              OF CHILDREN.

    Section 416(b) of the Controlled Substances Act (21 U.S.C. 856(b))
is amended by inserting (1) before ``Any person'' and by adding the
following new paragraph:
            ``(2) Any person who violates subsection (a) knowing that
        the manufacture, distribution, storage, or use of any
        controlled substance involves a person under the age of 18
        shall be sentenced to a term of imprisonment of not less than 5
        years nor more than 20 years.''.

SEC. 205. MODIFICATION OF SAFETY VALVE PROVISION.

    Section 3553(f) of title 18, United States Code, is amended--
            (1) in paragraph (4), by inserting ``and was not engaged in
        a dangerous drug trafficking organization (as defined in
        section 425 of the Controlled Substances Act)'' after ``section
        408 of the Controlled Substances Act'';
            (2) by striking ``and'' at the end of paragraph (4);
            (3) by redesignating paragraph (5) as paragraph (6); and
            (4) by inserting after paragraph (4) the following:
            ``(5) no part of the offense or relevant conduct involved
        manufacturing, possessing with intent to distribute, or
        distributing any controlled substance in or near the presence
        of a child or conduct constituting an offense under section
        418, 419, or 420 of the Controlled Substances Act (21 U.S.C.
        859, 860, or 861); and''.

       TITLE III--NATIONAL DRUG TRAFFICKING ENFORCEMENT STRATEGY

SEC. 301. NATIONAL ENFORCEMENT STRATEGY.

    (a) Development of Strategy.--The Attorney General, in consultation
with the Secretary of Homeland Security, shall develop a National Drug
Trafficking Enforcement Strategy.
    (b) Report.--Not later than February 1 of each year, the Attorney
General shall submit to the Committees on the Judiciary of the Senate
and the House of Representatives a report containing the following:
            (1) A description of the drug enforcement activities of the
        Federal Bureau of Investigations, the Drug Enforcement Agency,
        the Department of Homeland Security, and other Federal law
        enforcement agencies, including international and domestic
        enforcement strategies and coordination efforts among all law
        enforcement agencies.
            (2) A description of the allocation of the resources of the
        entities listed in paragraph (1) for the investigation and
        prosecution of alleged violations of the Controlled Substances
        Act (21 U.S.C. 801 et seq.), including violations involving
        significant drug trafficking organizations.
            (3) A description of measures being taken to give priority
        in the allocation of such resources described in paragraph (2)
        to alleged violations involving--
                    (A) persons who have imported into the United
                States substantial quantities of controlled substances;
                and
                    (B) persons involved in violations that have
                endangered children.

Summary: Drug Trafficking Elimination Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase prison terms or impose mandatory minimum prison terms for: (1) manufacturing, distributing, dispensing, or possessing certain large amounts of heroin, marihuana, or methamphetamine, (2) importing or exporting such drugs, (3) manufacturing or cultivating a controlled substance on federal property. (4) using hazardous substances on federal land in connection with illegal drug activities. (5) possessing a listed chemical with intent to manufacture a controlled substance. (6) committing a crime of violence during and in relation to a drug trafficking crime, (7) engaging in a dangerous drug trafficking organization. (8) distributing controlled substances to persons under age 21 or to a pregnant person, (9) distributing controlled substances in or near schools. And (10) employing or involving persons under age 18 in illegal drug activities. Directs the Attorney General to develop a National Drug Trafficking Enforcement Strategy.

To amend the Controlled Substances Act to enhance criminal penalties for drug trafficking offenses relating to distribution of heroin, marijuana, and methamphetamine and distribution to and use of children, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing a Government Shutdown
Act''.

SEC. 2. AMENDMENT TO TITLE 31.

    (a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
    ``(a)(1) If any regular appropriation bill for a fiscal year (or,
if applicable, for each fiscal year in a biennium) does not become law
before the beginning of such fiscal year or a joint resolution making
continuing appropriations is not in effect, there are appropriated, out
of any money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds, excluding
any budget authority designated as an emergency or temporary funding
for projects or activities that are not part of ongoing operations, to
such sums as may be necessary to continue any project or activity for
which funds were provided in the preceding fiscal year--
            ``(A) in the corresponding regular appropriation Act for
        such preceding fiscal year; or
            ``(B) if the corresponding regular appropriation bill for
        such preceding fiscal year did not become law, then in a joint
        resolution making continuing appropriations for such preceding
        fiscal year.
    ``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
            ``(A) the rate of operations provided for in the regular
        appropriation Act providing for such project or activity for
        the preceding fiscal year; or
            ``(B) in the absence of such an Act, the rate of operations
        provided for such project or activity pursuant to a joint
        resolution making continuing appropriations for such preceding
        fiscal year.
    ``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
            ``(A) the date on which the applicable regular
        appropriation bill for such fiscal year becomes law (whether or
        not such law provides for such project or activity) or a
        continuing resolution making appropriations becomes law, as the
        case may be; or
            ``(B) the last day of such fiscal year.
    ``(4) This section shall not provide funding for a new fiscal year
to continue any project or activity which is funded under the
provisions of this section at the end of the preceding fiscal year
until the enactment of a regular appropriation Act or joint resolution
making continuing appropriations for such project or activity during
such new fiscal year.
    ``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
    ``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
    ``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
    ``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
            ``(1) makes an appropriation, makes funds available, or
        grants authority for such project or activity to continue for
        such period; or
            ``(2) specifically provides that no appropriation shall be
        made, no funds shall be made available, or no authority shall
        be granted for such project or activity to continue for such
        period.
    ``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
            ``(1) Agriculture, rural development, Food and Drug
        Administration, and related agencies programs.
            ``(2) The Department of Defense.
            ``(3) Energy and water development, and related agencies.
            ``(4) State, foreign operations, and related programs.
            ``(5) The Department of Homeland Security.
            ``(6) The Department of the Interior, Environmental
        Protection Agency, and related agencies.
            ``(7) The Departments of Labor, Health and Human Services,
        and Education, and related agencies.
            ``(8) Military construction, veterans affairs, and related
        agencies.
            ``(9) Science, the Departments of State, Justice, and
        Commerce, and related agencies.
            ``(10) The Departments of Transportation, Housing and Urban
        Development, and related agencies.
            ``(11) The Legislative Branch.
            ``(12) Financial services and general Government.''.
    (b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:

``1311. Continuing appropriations.''.
    (c) Effective Date.--The amendment made by this section shall apply
to fiscal years beginning fiscal year 2011.

Summary: Preventing a Government Shutdown Act - Provides for automatic continuing appropriations if a regular appropriation bill for a fiscal year does not become law or a joint resolution making continuing appropriations is not in effect.

A bill to prevent the shutdown of the Federal Government.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban Poisonous Additives Act of
2011''.

SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.

    (a) Ban on Use of Bisphenol A in Food and Beverage Containers for
Children.--
            (1) Baby food; unfilled baby bottles and cups.--Section 402
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is
        amended by adding at the end the following:
    ``(j)(1) If it is a food intended for children 3 years of age or
younger, the container of which (including the lining of such
container) is composed, in whole or in part, of bisphenol A.
    ``(2) If it is a baby bottle or cup that is composed, in whole or
in part, of bisphenol A.''.
            (2) Definition.--Section 201 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 321) is amended by adding at the end
        the following:
    ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the
term `baby bottle or cup' means a bottle or cup that--
            ``(1) is intended to aid in the feeding or providing of
        drink to children 3 years of age or younger; and
            ``(2) does not contain a food when such bottle or cup is
        sold or distributed at retail.''.
            (3) Effective dates.--
                    (A) Baby food.--Section 402(j)(1) of the Federal
                Food, Drug, and Cosmetic Act, as added by paragraph
                (1), shall take effect 1 year after the date of
                enactment of this Act.
                    (B) Unfilled baby bottles and cups.--Section
                402(j)(2) of the Federal Food, Drug, and Cosmetic Act,
                as added by paragraph (1), shall take effect 180 days
                after the date of enactment of this Act.
    (b) Ban on Use of Bisphenol A in Infant Formula Containers.--
            (1) In general.--Section 412(a) of the Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 350a(a)) is amended--
                    (A) in paragraph (2), by striking ``, or'' and
                inserting ``,'';
                    (B) in paragraph (3), by striking the period at the
                end and inserting ``, or''; and
                    (C) by adding at the end the following:
            ``(4) the container of such infant formula (including the
        lining of such container and, in the case of infant formula
        powder, excluding packaging on the outside of the container
        that does not come into contact with the infant formula powder)
        is composed, in whole or in part, of bisphenol A.''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall take effect 18 months after the date of enactment of this
        Act.
    (c) Regulation of Other Containers Composed of Bisphenol A.--
            (1) Safety assessment of products composed of bpa.--Not
        later than December 1, 2012, the Secretary of Health and Human
        Services (referred to in this Act as the ``Secretary'') shall
        issue a revised safety assessment for food containers composed,
        in whole or in part, of bisphenol A, taking into consideration
        different types of such food containers and the use of such
        food containers with respect to different foods, as
        appropriate.
            (2) Safety standard.--Through the safety assessment
        described in paragraph (1), and taking into consideration the
        requirements of section 409 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21,
        Code of Federal Regulations, the Secretary shall determine
        whether there is a reasonable certainty that no harm will
        result from aggregate exposure to bisphenol A through food
        containers or other items composed, in whole or in part, of
        bisphenol A, taking into consideration potential adverse
        effects from low dose exposure, and the effects of exposure on
        vulnerable populations, including pregnant women, infants,
        children, the elderly, and populations with high exposure to
        bisphenol A.
            (3) Application of safety standard to alternatives.--The
        Secretary shall use the safety standard described under
        paragraph (2) to evaluate the proposed uses of alternatives to
        bisphenol A.
    (d) Savings Provision.--Nothing in this section shall affect the
right of a State, political subdivision of a State, or Indian Tribe to
adopt or enforce any regulation, requirement, liability, or standard of
performance that is more stringent than a regulation, requirement,
liability, or standard of performance under this section or that--
            (1) applies to a product category not described in this
        section; or
            (2) requires the provision of a warning of risk, illness,
        or injury associated with the use of food containers composed,
        in whole or in part, of bisphenol A.
    (e) Definition.--For purposes of this section, the term
``container'' includes the lining of a container.

Summary: Ban Poisonous Additives Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to deem to be adulterated: (1) food intended for children three years of age or younger if the container is composed of bisphenol A (BPA). (2) a baby bottle or cup that is intended for use by children three years of age or younger, that does not contain a food when such bottle or cup is sold or distributed at retail, and that is composed of BPA. And (3) infant formula if the container is composed of BPA. Requires the Secretary of Health and Human Services (HHS) to: (1) issue a revised safety assessment for food containers composed of BPA, taking into consideration different types of such containers and the use of such containers with respect to different foods. And (2) determine whether there is a reasonable certainty that no harm will result from aggregate exposure to BPA through food containers or other items composed of BPA, taking into consideration potential adverse effects from low-dose exposure and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to BPA.

A bill to establish requirements with respect to bisphenol A.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Benefit Plan Security and
Protection Act of 1994''.

SEC. 2. CLARIFICATION OF SCOPE OF FIDUCIARY DUTIES UNDER ERISA.

    (a) In General.--Section 404(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the
end the following new paragraphs:
    ``(3)(A) In any case in which a fiduciary, in the course of
managing a plan or exercising authority or control respecting
management or disposition of its assets, has an occasion to choose
between any two alternative investments of plan assets, if the
fiduciary in making such choice takes into account other factors in
addition to the rate of return, the riskiness of the investment, and
other direct economic factors, the fiduciary shall not be considered to
be discharging the fiduciary's duties with respect to the plan in
accordance with paragraph (1) and section 403(c)(1) unless--
            ``(i) the fiduciary has determined in advance that both
        alternatives are economically equally advantageous to the
        participants and beneficiaries under the plan, and
            ``(ii) such other factors are taken into account solely to
        the extent that they would be in the economic interest of
        participants and beneficiaries of the plan.
    ``(B)(i) A fiduciary with respect to a plan shall not be considered
to be discharging the fiduciary's duties with respect to the plan in
accordance with paragraph (1) and section 403(c)(1) if the fiduciary,
in making investment decisions with respect to plan assets, takes into
account external benefits.
    ``(ii) A fiduciary shall not be treated as failing to discharge the
fiduciary's duties with respect to the plan in accordance with
paragraph (1) or section 403(c)(1) solely because such investment
yields external benefits.
    ``(iii) For purposes of this subparagraph, the term `external
benefit' means, in connection with any investment of plan assets, a
benefit to individuals other than participants or beneficiaries under
the plan.
    ``(4)(A) Neither the Secretary nor any other agency or
instrumentality of the Government of the United States may--
            ``(i) establish or maintain, or cause to be established or
        maintained, by means of subsidy or otherwise, any list of
        investments or classes of investments purporting to satisfy the
        requirements of paragraph (1) or section 403(c)(1), or
            ``(ii) in any manner pledge, guarantee, ensure, or
        otherwise represent that any particular investment or class of
        investments will yield a sufficiently high rate of return at a
        sufficiently low level of risk to satisfy the requirements of
        paragraph (1) or section 403(c)(1).
    ``(B) None of the funds authorized or appropriated to carry out
this Act or any other provision of law may be used--
            ``(i) by the Secretary or any other agency or
        instrumentality of the United States, or
            ``(ii) by any other institution or entity established,
        chartered, or subsidized by the United States,
to subsidize, or to otherwise increase the rate of return on, any
particular investment or class of investments for the purpose of
causing the requirements of paragraph (1) or section 403(c)(1) to be
met with respect to such investment or class of investments.
    ``(5) Nothing in this title shall be construed to permit any matter
unrelated to the economic interests of participants and beneficiaries
under employee benefit plans to be taken into account in determining
whether a fiduciary has discharged such fiduciary's duties with respect
to a plan in accordance with paragraph (1) and section 403(c)(1).''.

SEC. 3. CLARIFICATION OF SCOPE OF EXCLUSIVE BENEFIT RULE UNDER THE
              INTERNAL REVENUE CODE.

    (a) In General.--Section 401(a) of the Internal Revenue Code of
1986 (requirements for qualification of pension, profit-sharing, and
stock bonus plans) is amended by inserting after paragraph (31) the
following new paragraph:
            ``(32) Additional rules relating to exclusive benefit
        rule.--
                    ``(A) In general.--The requirements of paragraph
                (2) shall not be treated as satisfied with respect to a
                plan, in any case in which a fiduciary, in the course
                of managing a plan or exercising authority or control
                respecting management or disposition of its assets, has
                an occasion to choose between any two alternative
                investments of plan assets, if the fiduciary in making
                such choice takes into account other factors in
                addition to the rate of return, the riskiness of the
                investment, and other direct economic factors, unless--
                            ``(i) the fiduciary has determined in
                        advance that both alternatives are economically
                        equally advantageous to the employees and their
                        beneficiaries under the plan, and
                            ``(ii) such other factors are taken into
                        account solely to the extent that they would be
                        in the economic interest of the employees and
                        their beneficiaries of the plan.
                    ``(B) Disregard of external benefits.--
                            ``(i) In general.--The requirements of
                        paragraph (2) shall not be treated as satisfied
                        with respect to a plan in any case in which a
                        fiduciary with respect to the plan, in making
                        investment decisions with respect to plan
                        assets, takes into account external benefits.
                            ``(ii) External benefits permissible.--The
                        requirements of paragraph (2) shall not be
                        treated as not satisfied solely because such
                        investment yields external benefits.
                            ``(iii) External benefit.--For purposes of
                        this subparagraph, the term `external benefit'
                        means, in connection with any investment of
                        plan assets, a benefit to individuals other
                        than the employees or their beneficiaries under
                        the plan.
                    ``(C) Noninterference with fiduciary
                responsibilities.--
                            ``(i) Prohibition against lists and other
                        referrals.--Neither the Secretary nor any other
                        agency or instrumentality of the Government of
                        the United States may--
                                    ``(I) establish or maintain, or
                                cause to be established or maintained,
                                by means of subsidy or otherwise, any
                                list of investments or classes of
                                investments purporting to satisfy the
                                requirements of subparagraph (A), or
                                    ``(II) in any manner pledge,
                                guarantee, ensure, or otherwise
                                represent that any particular
                                investment or class of investments will
                                yield a sufficiently high rate of
                                return at a sufficiently low level of
                                risk to satisfy the requirements of
                                subparagraph (A).
                            ``(ii) Prohibition against subsidies.--None
                        of the funds authorized or appropriated to
                        carry out this title or any other provision of
                        law may be used--
                                    ``(I) by the Secretary or any other
                                agency or instrumentality of the United
                                States, or
                                    ``(II) by any other institution or
                                entity established, chartered, or
                                subsidized by the United States,
                        to subsidize, or to otherwise increase the rate
                        of return on, any particular investment or
                        class of investments for the purpose of causing
                        the requirements of subparagraph (A) to be met
                        with respect to such investment or class of
                        investments.
                    ``(D) Irrelevance of matters other than economic
                interests of employees and their beneficiaries.--
                Nothing in this paragraph or paragraph (2) shall be
                construed to permit any matter unrelated to the
                economic interests of the employees and their
                beneficiaries to be taken into account in determining
                whether the requirements of paragraph (2) have been
                satisfied.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to acts or
failures to act occurring on or after the date of the enactment of this
Act.

Summary: Employee Benefit Plan Security and Protection Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise provisions regarding employee benefit plan fiduciary duties in relation to external benefits, social investing, and economically targeted investments.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Openness Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) it is often burdensome, difficult, and time-consuming
        for citizens to obtain timely access to public records of the
        United States Congress;
            (2) congressional documents that are placed in the
        Congressional Record are made available to the public
        electronically by the Superintendent of Documents under the
        direction of the Public Printer;
            (3) other congressional documents are also made available
        electronically on websites maintained by Members of Congress
        and committees of the Senate and the House of Representatives;
            (4) a wide range of public records of the Congress remain
        inaccessible to the public;
            (5) the public should have easy and timely access,
        including electronic access, to public records of the Congress;
            (6) the Congress should use new technologies to enhance
        public access to public records of the Congress; and
            (7) an informed electorate is the most precious asset of
        any democracy.
    (b) Purpose.--The purposes of this Act are--
            (1) to foster democracy by ensuring public access to public
        records of the Congress;
            (2) to improve public access to public records of the
        Congress; and
            (3) to enhance the electronic public access, including
        access via the Internet, to public records of the Congress.

SEC. 3. AVAILABILITY OF CERTAIN CRS INFORMATION.

    (a) Availability of Information.--
            (1) In general.--The Director of the Congressional Research
        Service shall make available through a centralized electronic
        database, for purposes of access and retrieval by the public
        under section 5 of this Act, all information described in
        paragraph (2) that is available through the Congressional
        Research Service website.
            (2) Information to be made available.--The information to
        be made available under paragraph (1) is:
                    (A) Congressional Research Service Issue Briefs.
                    (B) Congressional Research Service Reports that are
                available to Members of Congress through the
                Congressional Research Service website.
                    (C) Congressional Research Service Authorization of
                Appropriations Products and Appropriations Products.
    (b) Limitations.--
            (1) Confidential information.--Subsection (a) does not
        apply to--
                    (A) any information that is confidential, as
                determined by--
                            (i) the Director; or
                            (ii) the head of a Federal department or
                        agency that provided the information to the
                        Congressional Research Service; or
                    (B) any documents that are the product of an
                individual, office, or Committee research request
                (other than a document described in section 3(a)(2)).
            (2) Redaction and revision.--In carrying out this section,
        the Director of the Congressional Research Service may--
                    (A) remove from the information required to be made
                available under subsection (a) the name and phone
                number of, and any other information regarding, an
                employee of the Congressional Research Service;
                    (B) remove from the information required to be made
                available under subsection (a) any material for which
                the Director determines that making it available under
                subsection (a) may infringe the copyright of a work
                protected under title 17, United States Code; and
                    (C) make any changes in the information required to
                be made available under subsection (a) that the
                Director determines necessary to ensure that the
                information is accurate and current.
    (c) Time.--The Director of the Congressional Research Service shall
make available all information required under this section no earlier
than 30 days and no later than 40 days after the date on which the
information is first made available to Members of Congress through the
Congressional Research Service web site.
    (d) Manner.--The Director of the Congressional Research Service
shall make information required to be made available under this section
in a manner that--
            (1) is practical and reasonable; and
            (2) does not permit the submission of comments from the
        public.

SEC. 4. PUBLIC RECORDS OF THE CONGRESS.

    (a) Senate.--The Secretary of the Senate, through the Office of
Public Records and in accordance with such standards as the Secretary
may prescribe, shall make available on the Internet for purposes of
access and retrieval by the public:
            (1) Lobbyist disclosure reports.--Lobbyist disclosure
        reports required by the Lobbying Disclosure Act of 1995 (2
        U.S.C. 1601 et seq.) within 90 days (Saturdays, Sundays, and
        holidays excepted) after they are received.
            (2) Gift rule disclosure reports.--Senate gift rule
        disclosure reports required under paragraph 2 and paragraph
        4(b) of rule XXXV of the Standing Rules of the Senate within 5
        days (Saturdays, Sundays, and holidays excepted) after they are
        received.
    (b) Directory.--The Superintendent of Documents, under the
direction of the Public Printer in the Government Printing Office,
shall include information about the documents made available on the
Internet under this section in the electronic directory of Federal
electronic information required by section 4101(a)(1) of title 44,
United States Code.

SEC. 5. METHOD OF ACCESS.

    (a) In General.--The information required to be made available to
the public on the Internet under this Act shall be made available as
follows:
            (1) CRS information.--Public access to information made
        available under section 3 shall be provided through the
        websites maintained by members and committees of the Senate.
        The Director of the Congressional Research Service shall work
        with the Sergeant-at-Arms of the Senate to carry out this
        paragraph.
            (2) Public records.--Public access to information made
        available under section 4 by the Secretary of the Senate's
        Office of Public Records shall be provided through the United
        States Senate website.
    (b) Editorial Responsibility for CRS Reports Online.--The Director
of the Congressional Research Service is responsible for maintaining
and updating the information made available on the Internet under
section 3, and shall have sole discretion to edit that information
under this Act.
    (c) Further Approval Not Required.--Notwithstanding any other
provision of law to the contrary, the Director of the Congressional
Research Service shall make the information required to be made
available under section 3 of this Act without the prior approval of the
Senate Committee on Rules and Administration, the Committee on House
Oversight of the House of Representatives, or the Joint Committee on
Printing.

SEC. 6. CONGRESSIONAL COMMITTEE MATERIALS.

    It is the sense of the Senate that each standing and special
committee of the Senate and each Joint Committee of the Congress, in
accordance with such rules as the committee may adopt, should provide
access via the Internet to publicly-available committee information,
documents, and proceedings, including bills, reports, and transcripts
of committee meetings that are open to the public.

Summary: Congressional Openness Act - Requires the Director of the Congressional Research Service (CRS) to make accessible to the public via a centralized electronic database all information available through the CRS web site that is not confidential nor the product of an individual, office, or committee research request, including all CRS issue briefs, reports, and authorization or appropriations products. Requires the information to be made accessible between 30 and 40 days after it is first available to Members of Congress through the CRS web site. Directs the Secretary of the Senate, through the Office of Public Records, to make the following information available on the Internet for purposes of access and retrieval by the public: (1) lobbyist disclosure reports, within 90 days after they are received. And (2) gift rule disclosure reports, within five days after they are received. Requires the Superintendent of Documents, under the direction of the Public Printer in the Government Printing Office, to include information about such available documents in the electronic directory of Federal electronic information. Requires public access to: (1) the CRS information through the websites maintained by members and committees of the Senate. And (2) the lobbyist and gift rule disclosure reports through the US Senate website. Makes the CRS Director responsible for maintaining, updating, and editing the information made available on the Internet under this Act. Allows the Director to make such information available without the prior approval of specified congressional committees. Expresses the sense of the Senate that each standing and special committee of the Senate and each Joint Committee of the Congress should provide access via the Internet to publicly available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings that are open to the public.

Congressional Openness Act


SECTION 1. PURPOSE.

    It is the purpose of this Act to ensure that Federal funding is
provided to support and sustain the longstanding Federal mandate
requiring Fort Lewis College in the State of Colorado to waive tuition
charges for each Indian student it admits to an undergraduate program,
including the waiver of tuition charges for Indian students who are not
residents of the State of Colorado.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Fort Lewis College in the State of Colorado is a
        signature school for Indian students from throughout the Nation
        and graduates more Indian students than any other baccalaureate
        institution of higher education;
            (2) in 2009, Fort Lewis College awarded 95 degrees in
        science, technology, engineering, and mathematics to Indian
        students, representing 13.5 percent of degrees awarded by
        baccalaureate institutions of higher education to Indian
        students, more degrees than any other comparable baccalaureate
        institution in the Nation;
            (3) as of the 2010-11 academic year, Fort Lewis College
        provides federally mandated tuition-free education to
        approximately 786 Indian students from 124 different Indian
        tribes and 34 different States, representing approximately 20
        percent of the overall student population at this non-tribal
        institution of higher education that serves Indian students;
            (4) the Federal mandate to provide tuition-free education
        to Indian students was first placed upon the State of Colorado
        under section 5 of the Act of April 4, 1910 (36 Stat. 273,
        chapter 140), as a condition of the transfer of the land,
        buildings, and fixtures comprising Fort Lewis School, which had
        been federally operated;
            (5) the amount of funds expended by the State of Colorado
        to meet the waiver of tuition obligations under section 5 of
        the Act of April 4, 1910 (36 Stat. 273, chapter 140), for all
        Indian students, both out-of-State and in-State, far exceeds
        the value of the land, buildings, and fixtures that the State
        of Colorado holds for the benefit of Fort Lewis College;
            (6) the State of Colorado has expended more than
        $110,000,000 in the past 25 years to meet the costs of the
        tuition waivers for Indian students at Fort Lewis College from
        44 different States; and
            (7) the federally mandated tuition waiver program for
        Indian students at Fort Lewis College is at risk of being
        reduced by the severe budget constraints of the State of
        Colorado, thereby jeopardizing the education of many talented
        Indian students from around the Nation, in present and future
        classes.

SEC. 3. STATE RELIEF FROM FEDERAL MANDATE.

    (a) Amount of Payment.--
            (1) In general.--Subject to paragraph (2), for fiscal year
        2011 and each succeeding fiscal year, the Secretary of
        Education shall pay to Fort Lewis College in the State of
        Colorado an amount equal to the charges for tuition for all
        Indian students who are not residents of the State of Colorado
        and who are enrolled in Fort Lewis College for the academic
        year ending before the beginning of such fiscal year.
            (2) Limitation.--The amount paid to Fort Lewis College for
        each fiscal year under paragraph (1) may not exceed the amount
        equal to the charges for tuition for all Indian students who
        were not residents of the State of Colorado and who were
        enrolled in Fort Lewis College for academic year 2010-2011.
    (b) Treatment of Payment.--Any amounts received under this section
shall be treated as a reimbursement from the State of Colorado to Fort
Lewis College for complying with the requirement of section 5 of the
Act of April 4, 1910 (36 Stat. 273, chapter 140), to admit Indian
students free of charge of tuition.
    (c) Rule of Construction.--Nothing in this Act shall be construed
to relieve the State of Colorado from reimbursing, for purposes of
complying with the requirements of section 5 of the Act of April 4,
1910 (36 Stat. 273, chapter 140), Fort Lewis College for each academic
year--
            (1) with respect to Indian students who are not residents
        of the State of Colorado and who are enrolled in Fort Lewis
        College, any amount of charges for tuition for such students
        that exceeds the amount received under this section for such
        academic year; and
            (2) with respect to Indian students who are residents of
        the State of Colorado and who are enrolled in Fort Lewis
        College, an amount equal to the charges for tuition for such
        students for such academic year.
    (d) Definition.--In this section, the term ``Indian students''
refers to the term ``Indian pupils'' in section 5 of the Act of April
4, 1910 (36 Stat. 269, chapter 140).
    (e) Funding.--There are authorized to be appropriated, and there
are appropriated (in addition to any other amounts appropriated to
carry out this section and out of any money in the Treasury not
otherwise appropriated), such sums as may be necessary to carry out
this section.

Summary: Requires the Secretary of Education, beginning in FY2011, to pay to Fort Lewis College in Colorado an amount equal to the charges for tuition for enrolled Indian students who are not Colorado residents. Limits the amount paid to Fort Lewis College per fiscal year to an amount equal to the charges for tuition for Indian students who were non-Colorado residents and were enrolled for the academic year 2010-2011. Treats amounts received under this Act as a reimbursement from Colorado to Fort Lewis College for complying with federal law requiring the admission of Indian students at the College free of charge of tuition. Prohibits anything in this Act from being construed as relieving Colorado from reimbursing Fort Lewis College for each academic year: (1) with respect to enrolled Indian students who are not Colorado residents, any amount of the charges for their tuition which exceeds the amount received under this Act. And (2) with respect to enrolled Indian students who are Colorado residents, an amount equal to the charges for their tuition.

A bill to direct the Secretary of Education to pay to Fort Lewis College in the State of Colorado an amount equal to the tuition charges for Indian students who are not residents of the State of Colorado.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clarence Gideon Full Access to
Justice Act'' or the ``Gideon Act''.

SEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY.

    (a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3006A the following:
``Sec. 3006B. Defender Office for Supreme Court Advocacy
    ``(a) Definitions.--In this section--
            ``(1) the term `Board' means the Board of Directors
        established under subsection (d) for the Office;
            ``(2) the term `consult' includes, with respect to covered
        cases--
                    ``(A) giving advice;
                    ``(B) drafting or editing briefs;
                    ``(C) providing assistance with moot courts; and
                    ``(D) organizing or coordinating the drafting,
                editing, and filing of amicus curiae briefs;
            ``(3) the term `covered case' means a noncapital case
        involving an issue of Federal criminal statutory or
        constitutional law;
            ``(4) the term `Director' means the Director of the Office
        selected in accordance with subsection (e); and
            ``(5) the term `Office' means the Defender Office for
        Supreme Court Advocacy established under subsection (b).
    ``(b) Establishment; Purposes.--There is established in the
District of Columbia a private nonmembership nonprofit corporation,
which shall be known as the Defender Office for Supreme Court Advocacy,
for the purpose of--
            ``(1) advocating on behalf of individuals in covered cases
        before--
                    ``(A) the Supreme Court of the United States; and
                    ``(B) when resources permit, the highest court of a
                State; and
            ``(2) providing assistance to attorneys advocating on
        behalf of individuals in covered cases described in paragraph
        (1).
    ``(c) Principal Office.--The Office shall maintain its principal
office in the District of Columbia.
    ``(d) Board of Directors.--
            ``(1) In general.--The Office shall have a Board of
        Directors consisting of 18 voting members--
                    ``(A) 6 of whom shall be Federal Public Defenders
                or Executive Directors of Community Defender
                Organizations described in section 3006A, elected by
                the Federal Public Defenders and the Executive
                Directors of Community Defender Organizations in each
                district;
                    ``(B) 6 of whom shall be attorneys from a panel
                described in section 3006A(b), elected by the panel
                attorney district representatives; and
                    ``(C) 6 of whom shall be State or local public
                defenders from geographically diverse States, who shall
                be elected by the individuals elected under
                subparagraphs (A) and (B) not later than 6 months after
                the date of the first meeting of the Board.
            ``(2) Staggered terms.--
                    ``(A) In general.--A member of the Board shall
                serve a term of 4 years, except that the first members
                elected to the Board under subparagraph (A) or (B) of
                paragraph (1) shall be divided into Class A and Class
                B.
                    ``(B) Classes.--Class A and Class B shall each
                consist of--
                            ``(i) 3 members elected under paragraph
                        (1)(A); and
                            ``(ii) 3 members elected under paragraph
                        (1)(B).
                    ``(C) Terms.--
                            ``(i) Initial terms.--For the initial
                        members of the Board--
                                    ``(I) members of Class A shall
                                serve a term of 2 years;
                                    ``(II) members of Class B shall
                                serve a term of 4 years; and
                                    ``(III) members elected under
                                paragraph (1)(C) shall serve a term of
                                4 years.
                            ``(ii) Subsequent terms.--All subsequent
                        terms shall be for a term of 4 years.
                    ``(D) Membership of each class.--The membership of
                each class shall be determined by the members of the
                Board at the first meeting of the Board of Directors.
                    ``(E) Vacancies.--Interim elections may be held to
                fill any vacancies.
            ``(3) Bylaws.--The Board shall establish bylaws to govern
        the operations of the Office.
    ``(e) Director.--
            ``(1) In general.--The Board of Directors shall appoint a
        Director for the Office.
            ``(2) Requirement.--The Director appointed under paragraph
        (1) shall not be a member of the Board of Directors.
    ``(f) General Requirements for Director.--The Director shall be
learned and experienced in the law applicable to Federal criminal
appellate practice.
    ``(g) Functions of the Office.--
            ``(1) Grants of petitions for writs of certiorari in the
        supreme court of the united states.--
                    ``(A) In general.--On the granting of a petition
                for a writ of certiorari by the Supreme Court of the
                United States in a covered case, the Office shall--
                            ``(i) consult with any counsel in a covered
                        case in which the defendant was previously
                        represented by counsel appointed under section
                        3006A; and
                            ``(ii) when resources permit, be available
                        to consult with counsel in any other covered
                        case.
                    ``(B) Arguing case.--In any covered case, an
                attorney described in clause (i) or (ii) of
                subparagraph (A) may--
                            ``(i) advocate on behalf of an individual
                        before the Supreme Court of the United States;
                        or
                            ``(ii) permit the Office to advocate on
                        behalf of an individual before the Supreme
                        Court of the United States.
            ``(2) Filing of amicus curiae briefs.--The Office may file
        an amicus curiae brief--
                    ``(A) in any covered case in the Supreme Court of
                the United States; and
                    ``(B) when resources permit, in a covered case in
                the highest courts of States.
            ``(3) Call for the views of the office; leave to
        participate in oral argument.--In any covered case--
                    ``(A) upon request by the Supreme Court of the
                United States--
                            ``(i) the Office may provide the views of
                        the Office on the covered case; and
                            ``(ii) an employee of the Office may
                        participate in oral argument as amicus curiae;
                        and
                    ``(B) upon request by the highest court of a State,
                and when resources permit--
                            ``(i) the Office may provide the views of
                        the Office on the covered case; and
                            ``(ii) an employee of the Office may
                        participate in oral argument as amicus curiae.
            ``(4) Monitoring court decisions and filing petitions for
        certiorari.--The Office may--
                    ``(A) monitor issues in covered cases--
                            ``(i) on which the courts of appeals of the
                        United States are divided; or
                            ``(ii) that involve significant Federal
                        criminal statutory or constitutional issues;
                        and
                    ``(B) draft, edit, and file a petition for
                certiorari in the Supreme Court of the United States on
                behalf of an individual seeking review by the Supreme
                Court of the United States of a covered case.
            ``(5) Training.--The Office may provide training to carry
        out the purpose and functions of the Office.
            ``(6) Other functions.--In addition to the functions
        described in paragraphs (1) through (5), the Director may
        allocate any funds made available to the Office for any other
        function that the Director determines is necessary to carry out
        the purposes of the Office, including, when resources permit,
        advocacy in a covered case before the highest court of a State.
    ``(h) Employees.--The Director, subject to general policies
established by the Office, has the authority to appoint and remove such
employees of the Office as the Director determines necessary to carry
out the purposes of the Office.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 201 of title 18, United States Code, is amended by inserting
after the item relating to section 3006A the following:

``3006B. Defender Office for Supreme Court Advocacy.''.

Summary: Clarence Gideon Full Access to Justice Act or the Gideon Act This bill amends the federal criminal code by establishing the Defender Office for Supreme Court Advocacy as a private, nonmembership, nonprofit corporation. It must advocate on behalf of individuals in noncapital cases involving an issue of federal criminal statutory law or constitutional law before: (1) the Supreme Court of the United States, and (2) the highest courts in the states when resources permit. The office may also provide assistance to attorneys advocating on behalf of those individuals.

Gideon Act