SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Home Infusion Site of Care
Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Medicare fee-for-service program covers infusion
        therapy in the hospital, skilled nursing facility, physician
        office, and hospital outpatient department, but does not cover
        the full range of services for the provision of infusion
        therapies in a patient's home.
            (2) The Medicare program is presently the only major health
        care payer in the United States that does not provide
        comprehensive coverage of home infusion therapy.
            (3) As a result of the Medicare program not providing for
        comprehensive coverage of home infusion therapy, many Medicare
        beneficiaries are unable to obtain infusion therapy in the most
        cost-effective and convenient setting of their home, and
        physicians are deprived of the ability to select the best site
        of care for their patients.
            (4) The Medicare program is paying for institutional care
        for the provision of infusion therapy in many instances when
        such institutional care could be avoided if the Medicare
        program provided coverage for home infusion therapy.
            (5) The Government Accountability Office found in a 2010
        report that home infusion therapy is utilized widely by private
        payers providing health insurance coverage for individuals
        enrolled under such coverage and that such private payers
        generally are satisfied with the quality of care and the
        savings they achieve through avoided institutionalizations.
            (6) A recent study has reported a potential savings for
        Medicare if infusion therapies were covered in the home site of
        care.

SEC. 3. MEDICARE COVERAGE OF HOME INFUSION THERAPY.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
            (1) in subsection (s)(2)--
                    (A) by striking ``and'' at the end of subparagraph
                (EE);
                    (B) by inserting ``and'' at the end of subparagraph
                (FF); and
                    (C) by inserting at the end the following new
                subparagraph:
            ``(GG) home infusion therapy (as defined in subsection
        (iii)(1));''; and
            (2) by adding at the end the following new subsection:

                        ``Home Infusion Therapy

    ``(iii)(1) The term `home infusion therapy' means the items and
services described in paragraph (2) furnished to an individual, who is
under the care of a physician, which are provided by a qualified home
infusion therapy supplier under a plan (for furnishing such items and
services to such individual) established and periodically reviewed by a
physician, which items and services are provided in an integrated
manner in the individual's home in conformance with uniform standards
of care established by the Secretary and in coordination with the
provision of covered infusion drugs under part D. The Secretary shall
establish such standards after taking into account the standards
commonly used for home infusion therapy by Medicare Advantage plans and
in the private sector and after consultation with all interested
stakeholders.
    ``(2) The items and services described in this paragraph are the
following:
            ``(A) Professional services, including nursing services
        (other than nursing services covered as home health services),
        provided in accordance with the plan (including administrative,
        compounding, dispensing, distribution, clinical monitoring, and
        care coordination services) and all necessary supplies and
        equipment (including medical supplies such as sterile tubing
        and infusion pumps).
            ``(B) Other items and services the Secretary determines
        appropriate to administer infusion drug therapies to an
        individual safely and effectively in the home.
    ``(3) For purposes of this subsection:
            ``(A) The term `home' means a place of residence used as an
        individual's home and includes such other alternate settings as
        the Secretary determines.
            ``(B) The term `qualified home infusion therapy supplier'
        means any pharmacy, physician, or other provider licensed by
        the State in which the pharmacy, physician, or provider resides
        or provides services, whose State authorized scope of practice
        includes dispensing authority and that--
                    ``(i) has expertise in the preparation of
                parenteral medications in compliance with enforceable
                standards of the United States Pharmacopoeia and other
                nationally recognized standards that regulate
                preparation of parenteral medications as determined by
                the Secretary and meets such standards;
                    ``(ii) provides infusion therapy to patients with
                acute or chronic conditions requiring parenteral
                administration of drugs and biologicals administered
                through catheters or needles, or both, in a home; and
                    ``(iii) meets such other uniform requirements as
                the Secretary determines are necessary to ensure the
                safe and effective provision and administration of home
                infusion therapy on a 7-day-a-week, 24-hour basis
                (taking into account the standards of care for home
                infusion therapy established by Medicare Advantage
                plans and in the private sector), and the efficient
                administration of the home infusion therapy benefit.
    ``(4) A qualified home infusion therapy supplier may subcontract
with a pharmacy, physician, provider, or supplier to meet the
requirements of paragraph (3)(B).''.
    (b) Payment for Home Infusion Therapy.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at the end the
following new subsection:
    ``(p) Payment for Home Infusion Therapy.--
            ``(1) In general.--The Secretary shall determine a per diem
        schedule for payment for the professional services (including
        nursing services), supplies, and equipment described in section
        1861(iii)(2)(A) for each infusion therapy type that reflects
        the reasonable costs which must be incurred by efficiently and
        economically operated qualified home infusion therapy suppliers
        to provide such services, supplies, and equipment in conformity
        with applicable State and Federal laws, regulations, and the
        uniform quality and safety standards developed under section
        1861(iii)(1) and to assure that Medicare beneficiaries have
        reasonable access to such therapy.
            ``(2) Considerations.--In developing the per diem schedule
        under this subsection, the Secretary shall consider recent
        credible studies about the costs of providing infusion therapy
        in the home, consult with home infusion therapy suppliers,
        consider payment amounts established by Medicare Advantage
        plans and private payers for home infusion therapy, and, if
        necessary, conduct a statistically valid national market
        analysis involving the costs of administering infusion drugs
        and of providing professional services necessary for the drugs'
        administration.
            ``(3) Annual updates.--The Secretary shall update such
        schedule from year to year by the percentage increase in the
        Consumer Price Index for all urban consumers (United States
        city average) for the 12-month period ending with June of the
        preceding year. The Secretary may modify the per diem schedule
        with respect to beneficiaries who qualify for home infusion
        therapy services under section 1861(iii)(1) but who receive
        nursing services as home health services.''.
    (c) Conforming Amendments.--
            (1) Payment reference.--Section 1833(a)(1) of the Social
        Security Act (42 U.S.C. 13951(a)(1)) is amended--
                    (A) by striking ``and'' before ``(Z)''; and
                    (B) by inserting before the semicolon at the end
                the following: ``, and (AA) with respect to home
                infusion therapy, the amounts paid shall be determined
                under section 1834(p)''.
            (2) Direct payment.--The first sentence of section
        1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6))
        is amended--
                    (A) by striking ``and'' before ``(H)''; and
                    (B) by inserting before the period at the end the
                following: ``, and (I) in the case of home infusion
                therapy, payment shall be made to the qualified home
                infusion therapy supplier''.
            (3) Exclusion from durable medical equipment and home
        health services.--Section 1861 of the Social Security Act (42
        U.S.C. 1395x) is amended--
                    (A) in subsection (m)(5)--
                            (i) by striking ``and'' before ``durable
                        medical equipment'' and inserting a comma; and
                            (ii) by inserting before the semicolon at
                        the end the following: ``, and supplies used in
                        the provision of home infusion therapy after
                        excluding other drugs and biologicals''; and
                    (B) in subsection (n), by adding at the end the
                following: ``Such term does not include home infusion
                therapy, other than equipment and supplies used in the
                provision of insulin.''.
            (4) Application of accreditation provisions.--The
        provisions of section 1865(a) of the Social Security Act (42
        U.S.C. 1395bb(a)) apply to the accreditation of qualified home
        infusion therapy suppliers in the same way as they apply to
        other suppliers.

SEC. 4. MEDICARE COVERAGE OF HOME INFUSION DRUGS.

    Section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-
102(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph
                (A);
                    (B) by striking the comma at the end of
                subparagraph (B) and inserting, ``; or''; and
                    (C) by inserting after subparagraph (B) the
                following new subparagraph:
                    ``(C) an infusion drug (as defined in paragraph
                (5)),''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Infusion drug defined.--For purposes of this part,
        the term `infusion drug' means a parenteral drug or biological
        administered via an intravenous, intraspinal, intra-arterial,
        intrathecal, epidural, subcutaneous, or intramuscular access
        device or injection, and may include a drug used for catheter
        maintenance and declotting, a drug contained in a device,
        additives including but not limited to vitamins, minerals,
        solutions, and diluents, and other components used in the
        provision of home infusion therapy.''.

SEC. 5. ENSURING BENEFICIARY ACCESS TO HOME INFUSION THERAPY.

    (a) Objectives in Implementation.--The Secretary of Health and
Human Services shall implement the Medicare home infusion therapy
benefit under the amendments made by this Act in a manner that ensures
that Medicare beneficiaries have timely and appropriate access to
infusion therapy in their homes and that there is rapid and seamless
coordination between drug coverage under part D of title XVIII of the
Social Security Act and coverage for home infusion therapy services
under part B of such title to avoid the filing of duplicative or
otherwise improper claims. Specifically, the Secretary shall ensure
that--
            (1) the benefit is practical and workable with minimal
        administrative burden for beneficiaries, qualified home
        infusion therapy suppliers, physicians, prescription drug
        plans, MA-PD plans, and Medicare Advantage plans, and the
        Secretary shall consider the use of consolidated claims
        encompassing covered part D drugs and part B services,
        supplies, and equipment under such part B to ensure the
        efficient operation of this benefit;
            (2) any prior authorization or utilization review process
        is expeditious, allowing Medicare beneficiaries meaningful
        access to home infusion therapy;
            (3) medical necessity determinations for home infusion
        therapy will be made--
                    (A) except as provided in subparagraph (B), by
                Medicare administrative contractors under such part B
                and communicated to the appropriate prescription drug
                plans; or
                    (B) in the case of an individual enrolled in a
                Medicare Advantage plan, by the Medicare Advantage
                organization offering the plan; and an individual may
                be initially qualified for coverage for such benefit
                for a 90-day period and subsequent 90-day periods
                thereafter;
            (4) except as otherwise provided in this section, the
        benefit is modeled on current private sector coverage and
        coding for home infusion therapy; and
            (5) prescription drug plans and MA-PD plans structure their
        formularies, utilization review protocols, and policies in a
        manner that ensures that Medicare beneficiaries have timely and
        appropriate access to infusion therapy in their homes.
    (b) Report.--Not later than January 1, 2018, the Comptroller
General of the United States shall submit a report to Congress on
Medicare beneficiary access to home infusion therapy. Such report shall
specifically address whether the objectives specified in subsection (a)
have been met and shall make recommendations to Congress and the
Secretary of Health and Human Services on how to improve the benefit
and better ensure that Medicare beneficiaries have timely and
appropriate access to infusion therapy in their homes.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to home infusion
therapy furnished on or after January 1, 2015.

Summary: Medicare Home Infusion Site of Care Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to authorize Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services (HHS) to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes, and (2) there is rapid and seamless coordination between drug coverage under Medicare part D and home infusion therapy services coverage under Medicare part B (SSI) to avoid the filing of duplicative or otherwise improper claims.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congestion Relief Act of 2005''.

SEC. 2. SURFACE TRANSPORTATION PROGRAM.

    (a) Division of Funds Between Urbanized Areas of Over 200,000
Population and Other Areas.--Section 133(d)(3)(A) of title 23, United
States Code, is amended--
            (1) by striking ``62.5 percent of''; and
            (2) by striking ``The remaining 37.5 percent may be
        obligated in any area of the State.''.
    (b) Obligation Authority.--Section 133(f)(1) of such title is
amended by striking ``the period of fiscal years 1998'' and all that
follows through ``2003'' and inserting ``the period of fiscal years
2004 through 2006 and the period of fiscal years 2007 through 2009''.

SEC. 3. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    (a) Allocations.--Section 149 of title 23, United States Code, is
amended by adding at the end the following:
    ``(f) Allocations of Apportioned Funds.--
            ``(1) In general.--A State shall allocate the amounts
        apportioned to the State for a fiscal year under section
        104(b)(2) and the amounts apportioned for the congestion
        mitigation and air quality improvement program under section
        110 among metropolitan planning organizations and other
        agencies responsible for air quality conformity determinations
        in federally designated air quality areas in the ratio that--
                    ``(A) the total of all weighted nonattainment and
                maintenance area populations (as determined under
                section 104(b)(2)) represented by the metropolitan
                planning organization or other agency; bears to
                    ``(B) the total of all weighted nonattainment and
                maintenance area populations (as determined under
                section 104(b)(2)) in the State.
            ``(2) Nonapplicability to certain amounts.--Amounts
        described in subsections (c)(1) and (c)(2) that may be used for
        any project eligible under the surface transportation program
        under section 133 shall not be subject to the requirements of
        paragraph (1).
            ``(3) Availability of amounts.--A State may reallocate
        amounts allocated under this subsection as necessary to prevent
        lapses of funds under section 118.
            ``(4) Obligation authority.--A State shall make available
        to a metropolitan planning organization or other agency to
        which amounts are allocated for a fiscal year under this
        section an amount of obligation authority distributed to the
        State for Federal-aid highways and highway safety construction
        programs for use in the area represented by the metropolitan
        planning organization or other agency that is equal to the
        amount obtained by multiplying--
                    ``(A) the aggregate amount of funds that the State
                is required to obligate in the area under this
                subsection; and
                    ``(B) the ratio that--
                            ``(i) the aggregate amount of obligation
                        authority distributed to the State for Federal-
                        aid highways and highway safety construction
                        programs for the fiscal year; bears to
                            ``(ii) the total of the sums apportioned to
                        the State for Federal-aid highways and highway
                        safety construction programs for the fiscal
                        year.
            ``(5) Joint responsibility.--Each State, each affected
        metropolitan planning organization or other agency, and the
        Secretary shall jointly ensure compliance with paragraph
        (4).''.

SEC. 4. NATIONAL HIGHWAY SYSTEM.

    (a) Selection of Projects.--Section 103(a)(6) of title 23, United
States Code, is amended by inserting ``the project selection
requirements of section 134(i)(4)(B) and'' after ``Subject to''.
    (b) Allocation.--Section 103(b) of such title is amended by adding
at the end the following:
            ``(7) Allocation to urbanized areas of over 200,000
        population.--The funds apportioned to a State under section
        104(b)(1) for a fiscal year shall be allocated between
        urbanized areas with a population of over 200,000 in the State
        and other areas in the State--
                    ``(A) 75 percent in the ratio that--
                            ``(i) the total lane miles on the National
                        Highway System in such urbanized areas in the
                        State; bears to
                            ``(ii) the total lane miles on the National
                        Highway System in all areas in the State; and
                    ``(B) 25 percent in the ratio that--
                            ``(i) the total vehicle miles traveled on
                        the National Highway System in such urbanized
                        areas in the State; bears to
                            ``(ii) the total vehicle miles traveled on
                        the National Highway System in all areas in the
                        State.''.

SEC. 5. MINIMUM GUARANTEE.

    Section 105(c)(2) of title 23, United States Code, is amended by
striking ``paragraphs (1), (2), and (3)'' and inserting ``paragraphs
(1) and (2)''.

SEC. 6. METROPOLITAN CONGESTION RELIEF PROGRAM.

    (a) In General.--Subchapter I of chapter I of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Metropolitan congestion relief program
    ``(a) Establishment.--The Secretary shall establish a metropolitan
congestion relief program in accordance with this section.
    ``(b) Eligible Projects.--A project shall be eligible for
assistance under this section if the project is eligible for assistance
under the surface transportation program established by section 133 and
the project is developed in accordance with the planning requirements
of subsection (c).
    ``(c) Planning.--Programming and expenditure of funds for projects
under this section shall be consistent with the requirements of
sections 134 and 135. In addition, with respect to each project carried
out under this section, the appropriate metropolitan planning
organization shall demonstrate, as part of its congestion management
system if applicable, that the project will improve congestion in its
region.
    ``(d) Apportionment.--
            ``(1) Eligible urbanized areas.--Amounts made available to
        carry out this section for a fiscal year shall be apportioned
        directly to a metropolitan planning organization designated
        for--
                    ``(A) an urbanized area that has a travel time
                index of 1.2 or more; and
                    ``(B) an urbanized area with a population of more
                than 1,000,000 that otherwise would not be eligible
                under subparagraph (A).
            ``(2) Formula.--Amounts made available to carry out this
        section for a fiscal year shall be apportioned among eligible
        urbanized areas under paragraph (1) as follows:
                    ``(A) 50 percent in the ratio that--
                            ``(i) the travel time index of the eligible
                        urbanized area; bears to
                            ``(ii) the travel time index of all
                        eligible urbanized areas.
                    ``(B) 50 percent in the ratio that--
                            ``(i) the passenger miles traveled in the
                        eligible urbanized area; bears to
                            ``(ii) the passenger miles traveled in all
                        eligible urbanized areas.
            ``(3) Determinations.--Eligibility and apportionment
        determinations under this subsection shall be made by the
        Secretary based on data from the most recent year for which
        data is available.
    ``(e) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $2,000,000,000 for each of fiscal
years 2004 through 2009.
    ``(f) Definitions.--In this section, the following definitions
apply:
            ``(1) Travel time index.--The term `travel time index'
        means the travel time index developed by the Texas
        Transportation Institute and included in the performance plan
        of the Federal Highway Administration.
            ``(2) Passenger miles traveled.--The term `passenger miles
        traveled' includes daily vehicle miles traveled and daily
        transit ridership as measured by Secretary.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating
section 164 the following:

``165. Metropolitan congestion relief program.''.

SEC. 7. TRANSPORTATION OPERATIONAL IMPROVEMENT PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is further amended by adding at the end the following:
``Sec. 166. Operational improvement program
    ``(a) General Authority.--The Secretary shall establish and
implement an operational improvement program under which the Secretary
shall make grants to States, metropolitan planning organizations, and
local governments for projects to improve the operation of the Nation's
roadways.
    ``(b) Eligible Uses.--Grants to States, metropolitan planning
organizations, and local governments under this section may be used for
the following purposes:
            ``(1) Incident management projects, including the
        following:
                    ``(A) Development of a regionwide coordinated plan
                to mitigate delays due to accidents and breakdowns.
                    ``(B) Purchase or lease of telecommunications
                equipment for first responders.
                    ``(C) Purchase or lease of towing and recovery
                equipment.
                    ``(D) Payments to contractors for towing and
                recovery services.
                    ``(E) Rental of vehicle storage areas immediately
                adjacent to roadways.
                    ``(F) Service patrols.
                    ``(G) Enhanced hazard materials incident response
                capacity.
                    ``(H) Incident detection equipment.
                    ``(I) Training.
            ``(2) Deployment of intelligent transportation systems
        technology, including the deployment of the national 511
        traveler information telephone number.
            ``(3) Transportation demand management techniques,
        including the following:
                    ``(A) Commuter benefit programs.
                    ``(B) Parking management programs.
                    ``(C) Carpool and vanpool projects.
                    ``(D) Geographic Information System based ride
                matching operations.
                    ``(E) Employer based, real-time traveler
                information programs.
                    ``(F) Telework programs.
                    ``(G) Bicycle and pedestrian programs.
                    ``(H) Access to transit investments.
                    ``(I) Design and implementation of commuter-
                friendly facilities.
                    ``(J) Employer and employment-site based transit
                shuttle planning and operation.
    ``(c) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $500,000,000 for each of fiscal
years 2004 through 2009.
    ``(d) Applicability of NHS Requirements.--All provisions of this
chapter that are applicable to National Highway System funds, other
than provisions relating to the apportionment formula and provisions
limiting the expenditures of such funds to Federal-aid systems, shall
apply to funds authorized to be appropriated to carry out this section,
except as determined by the Secretary to be inconsistent with this
section and except that sums authorized by this section shall remain
available until expended.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating
section 165 the following:

``166. Incident management program.''.

SEC. 8. METROPOLITAN PLANNING FUNDS.

    Section 104(f)(1) of title 23, United States Code, is amended by
striking ``1 percent'' and inserting ``2 percent''.

Summary: Congestion Relief Act of 2005 - Amends the Transportation Equity Act for the 21st Century (TEA-21) to provide that 80 percent of specified funds apportioned to a State shall be obligated in urbanized areas of the State with populations of over 200,000 and in other areas of the State, in proportion to their relative share of the State's population. Modifies: (1) the allocation formula under the Congestion Mitigation and Air Quality Improvement Program. And (2) the Minimum Guarantee regarding programmatic distribution of funds. Directs that the funds apportioned to a State for a fiscal year for the National Highway System (NHS) be allocated between urbanized areas with a population of over 200,000 in the State and other areas in the State as follows: (1) 75 percent in the ratio that the total lane miles on the NHS in such urbanized areas in the State bears to the total lane miles on the NHS in all areas in the State. And (2) 25 percent in the ratio that the total vehicle miles traveled on the NHS in such urbanized areas in the State bears to the total vehicle miles traveled on the NHS in all areas in the State. Directs the Secretary of Transportation to: (1) establish a metropolitan congestion relief program. And (2) establish and implement an operational improvement program. Increases the percentage set aside for metropolitan planning.

To amend title 23, United States Code, to allocate transportation funds to metropolitan areas and increase planning funds to relieve metropolitan congestion, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``True Reciprocity Investment Act of
2017''.

SEC. 2. CONSIDERATION OF RECIPROCITY OF FOREIGN INVESTMENT.

    Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)
is amended by adding at the end the following:
    ``(o) Consideration of Reciprocity of Foreign Investment.--
            ``(1) Report required.--Not later than 30 days after the
        date of the enactment of the True Reciprocity Investment Act of
        2017, and annually thereafter, the United States Trade
        Representative shall, in consultation with the Secretary of
        Commerce and the Secretary of the Treasury, submit to the
        appropriate congressional committees a report assessing the
        extent to which the governments of foreign countries allow
        investments by United States persons in those countries that
        are similar to investments in the United States made by
        entities organized under the laws of those countries.
            ``(2) Elements.--The report required by paragraph (1) shall
        include, with respect to each country that is a major trading
        partner of the United States, the following:
                    ``(A) A description of the laws, policies, and
                practices of the country with respect to foreign
                investment.
                    ``(B) A comparison of such laws, policies, and
                practices with the laws, policies, and practices of the
                United States with respect to foreign investment.
                    ``(C) An assessment of laws, policies, and
                practices by the government of the country that
                prohibit, restrict, or delay investment in the country
                by United States persons.
                    ``(D) An identification of which such laws,
                policies, and practices have had the most significant
                effect on investment in that country by United States
                persons.
                    ``(E) An identification of the industries in the
                United States that have been most severely affected by
                such laws, policies, and practices.
                    ``(F) An assessment of the transparency of the
                process for making such laws, policies, and practices.
                    ``(G) If a bilateral investment treaty is in effect
                between the United States and the country, an
                assessment of the extent to which the government of the
                country has complied with its obligations under the
                treaty.
                    ``(H) Recommendations with respect to what remedies
                may be available to facilitate investment in the
                country by United States persons.
                    ``(I) An assessment of the amount of greenfield
                investment in the United States by persons organized
                under the laws of or otherwise subject to the
                jurisdiction of the country.
            ``(3) Determinations.--The report required by paragraph (1)
        shall include the determination of the Trade Representative,
        after consideration of the elements described in paragraph (2),
        of whether each country that is a major trading partner of the
        United States--
                    ``(A) has high barriers to investment by United
                States persons (to be known as a `high barrier
                country');
                    ``(B) has recently taken measures that constitute
                barriers to investment by United States persons or has
                indicated an intention to take such measures (to be
                known as a `watch country'); or
                    ``(C) has investment laws, policies, and practices
                that should be monitored (to be known as a `monitor
                country').
            ``(4) Justification for transactions with high barrier
        countries.--
                    ``(A) In general.--If the Committee recommends that
                the President not suspend or prohibit under subsection
                (d) a covered transaction described in subparagraph
                (B), the Committee shall include in the report required
                by paragraph (1) an explanation of the reasons for
                recommending that the President not suspend or prohibit
                that transaction.
                    ``(B) Covered transaction described.--A covered
                transaction is described in this subparagraph if a
                party to the transaction is organized under the laws of
                or otherwise subject to the jurisdiction of a high
                barrier country.
            ``(5) Definitions.--In this subsection:
                    ``(A) Appropriate congressional committees.--The
                term `appropriate congressional committees' means--
                            ``(i) the Committee on Banking, Housing,
                        and Urban Affairs, the Committee on Finance,
                        the Committee on Foreign Relations, and the
                        Committee on Commerce, Science, and
                        Transportation of the Senate; and
                            ``(ii) the Committee on Financial Service,
                        the Committee on Ways and Means, the Committee
                        on Foreign Affairs, and the Committee on Energy
                        and Commerce of the House of Representatives.
                    ``(B) Greenfield investment.--The term `greenfield
                investment' means an investment by a foreign person in
                the United States under which the foreign person builds
                operations and facilities in the United States instead
                of purchasing or leasing existing facilities.
                    ``(C) United states person.--The term `United
                States person' means--
                            ``(i) a United States citizen or an alien
                        lawfully admitted for permanent residence to
                        the United States; or
                            ``(ii) an entity organized under the laws
                        of the United States or of any jurisdiction
                        within the United States, including a foreign
                        branch of such an entity.''.

SEC. 3. CONSIDERATION OF REPORT ON RECIPROCITY.

    Section 721(f) of the Defense Production Act of 1950 (50 U.S.C.
4565(f)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by redesignating clauses
                (i), (ii), and (iii) as subclauses (I), (II), and
                (III), respectively, and by moving such subclauses, as
                so redesignated, 2 ems to the right; and
                    (B) by redesignating subparagraphs (A), (B), and
                (C) as clauses (i), (ii), and (iii), respectively, and
                by moving such clauses, as so redesignated, 2 ems to
                the right;
            (2) in paragraph (9), by redesignating subparagraphs (A),
        (B), and (C) as clauses (i), (ii), and (iii), respectively, and
        by moving such clauses, as so redesignated, 2 ems to the right;
            (3) by redesignating paragraphs (1) through (11) as
        subparagraphs (A) through (K), respectively, and by moving such
        subparagraphs, as so redesignated, 2 ems to the right;
            (4) in the matter preceding subparagraph (A), as
        redesignated by paragraph (3), by striking ``may, taking into
        account the requirements of national security, consider--'' and
        inserting the following: ``, taking into account the
        requirements of national security--
            ``(1) may consider--'';
            (5) in subparagraph (K), as redesignated by paragraph (3),
        by striking the period at the end and inserting ``; and''; and
            (6) by adding at the end the following:
            ``(2) shall consider the findings in the most recent report
        required by subsection (o) with respect to any foreign country
        with jurisdiction over a party to the proposed or pending
        transaction.''.

Summary: True Reciprocity Investment Act of 2017 This bill amends the Defense Production Act of 1950 to direct the Office of the United States Trade Representative to submit an annual report assessing the extent to which foreign governments allow investments by US persons in their countries that are similar to investments in the United States made by entities organized in such foreign countries. The report shall include, with respect to each major trading partner of the United States: (1) a description of the laws, policies, and practices of the country with respect to foreign investment. And (2) an assessment of the transparency of the process for making such laws, policies, and practices. The report shall also include the determination of the office whether each major trading partner: (1) has high barriers to investment by US persons. (2) has recently taken measures that constitute barriers to investment by US persons or has indicated an intention to take such measures. Or (3) has investment laws, policies, and practices that should be monitored. If the Committee on Foreign Investment in the United States recommends that the President not suspend or prohibit a transaction made by a party that is subject to the jurisdiction of a high barrier country, it shall provide an explanation of the reasons for its recommendation.

True Reciprocity Investment Act of 2017


SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT.

    (a) Short Title.--This Act may be cited as the ``Dam Safety and
Security Act of 2002''.
    (b) Amendment of National Dam Safety Program Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or a repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the National Dam Safety Program
Act (33 U.S.C. 467 et seq.).

SEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY.

    Section 7(b) (33 U.S.C. 467e(b)) is amended--
        (1) by striking ``Federal and State programs'' and inserting
    ``Federal programs''; and
        (2) by striking ``through--'' and all that follows through the
    period at the end and inserting ``through coordination and
    information exchange among Federal agencies concerning
    implementation of the Federal Guidelines for Dam Safety.''.

SEC. 3. NATIONAL DAM SAFETY PROGRAM.

    (a) In General.--Section 8(a)(3) (33 U.S.C. 467f(a)(3)) is
amended--
        (1) in subparagraph (B) by striking ``implementation plan
    described in subsection (e)'' and inserting ``strategic plan
    described in subsection (b)''; and
        (2) in subparagraph (C) by striking ``subsection (f)'' and
    inserting ``subsection (e)''.
    (b) Duties.--Section 8(b) (33 U.S.C. 467f(b)) is amended to read as
follows:
    ``(b) Duties.--The Director shall prepare a strategic plan--
        ``(1) to establish goals, priorities, and target dates to
    improve the safety of dams in the United States; and
        ``(2) to the extent feasible, to establish cooperation and
    coordination with, and assistance to, interested governmental
    entities in all States.''.
    (c) Objectives.--Section 8(c) (33 U.S.C. 467f(c)) is amended--
        (1) in paragraph (5) by striking ``and'' at the end;
        (2) in paragraph (6) by striking the period at the end and
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(7) develop technical assistance materials, seminars, and
    guidelines to improve security for dams in the United States.''.
    (d) Functional Activities.--Section 8(d)(3)(A) (33 U.S.C.
467f(d)(3)(A)) is amended by striking ``and shall be'' and all that
follows through the period at the end and inserting ``and shall be
exercised by chairing the Board to coordinate national efforts to
improve the safety of the dams in the United States.''.
    (e) Implementation Plan; Dam Safety Training.--
        (1) In general.--Section 8 (33 U.S.C. 467f) is amended by
    striking subsections (e) and (g) and redesignating subsections (f)
    and (h) as subsections (e) and (f), respectively.
        (2) Conforming amendments.--Section 2 (33 U.S.C. 467) is
    amended--
            (A) in paragraph (1) by striking ``section 8(h)'' and
        inserting ``section 8(f)''; and
            (B) in paragraph (12) by striking ``section 8(f)'' and
        inserting ``section 8(e)''.
    (f) Assistance for State Dam Safety Programs.--Section 8(e) (as
redesignated by subsection (e) of this section) is amended--
        (1) in paragraph (1) by striking ``the Director shall provide
    assistance'' and all that follows through the period at the end and
    inserting ``the Director shall provide assistance with amounts made
    available under section 13 to assist States in establishing,
    maintaining, and improving dam safety programs in accordance with
    the criteria specified in paragraph (2).'';
        (2) in paragraph (2)--
            (A) in the matter preceding subparagraph (A)--
                (i) by striking ``primary''; and
                (ii) by striking ``, and for a State to be eligible''
            and all that follows before the colon;
            (B) in subparagraph (A)--
                (i) in the matter preceding clause (i) by striking
            ``For a State to be eligible for assistance under this
            subsection, a State'' and inserting ``A State''; and
                (ii) in clause (vi) by inserting ``improve security,''
            before ``revise operating procedures,''; and
        (3) in paragraph (3) by striking ``contract'' each place it
    appears and inserting ``agreement''.
    (g) Board.--
        (1) Establishment.--Section 8(f)(1) (as redesignated by
    subsection (e) of this section) is amended--
            (A) by striking ``The Director may establish'' and
        inserting ``The Director shall establish''; and
            (B) by striking ``to monitor'' and all that follows through
        the period at the end and inserting ``to monitor the safety of
        dams in the United States, to monitor State implementation of
        this section, and to advise the Director on national dam safety
        policy.''.
        (2) Voting membership.--Section 8(f)(3) (as redesignated by
    subsection (e) of this section) is amended--
            (A) in the paragraph heading by striking ``Membership'' and
        inserting ``Voting membership'';
            (B) in the matter preceding subparagraph (A) by striking
        ``11 members'' and inserting ``11 voting members''; and
            (C) by striking subparagraphs (F) and (G) and inserting the
        following:
            ``(F) 5 members shall be selected by the Director from
        among State dam safety officials; and
            ``(G) 1 member shall be selected by the Director to
        represent the private sector.''.
        (3) Nonvoting membership; duties; work groups.--Section 8(f)
    (as redesignated by subsection (e) of this section) is amended--
            (A) by redesignating paragraphs (4), (5), and (6) as
        paragraphs (7), (8), and (9), respectively; and
            (B) by inserting after paragraph (3) the following:
        ``(4) Nonvoting membership.--The Director, in consultation with
    the Board, may invite a representative of the National Laboratories
    of the Department of Energy and may invite representatives from
    Federal or State agencies or dam safety experts, as needed, to
    participate in meetings of the Board.
        ``(5) Duties.--
            ``(A) In general.--The Board shall encourage the
        establishment and maintenance of effective programs, policies,
        and guidelines to enhance dam safety for the protection of
        human life and property throughout the United States.
            ``(B) Coordination and information exchange among
        agencies.--In carrying out subparagraph (A), the Board shall
        encourage coordination and information exchange among Federal
        and State dam safety agencies that share common problems and
        responsibilities for dam safety, including planning, design,
        construction, operation, emergency action planning,
        inspections, maintenance, regulation or licensing, technical or
        financial assistance, research, and data management.
        ``(6) Work groups.--The Director may establish work groups
    under the Board to assist the Board in accomplishing its goals. The
    work groups shall consist of members of the Board and other
    individuals selected by the Director.''.
        (4) Travel expenses.--Section 8(f) (as redesignated by
    subsection (e) of this section) is amended by striking paragraph
    (8) (as redesignated by paragraph (3)(A) of this subsection) and
    inserting the following:
        ``(8) Travel expenses.--
            ``(A) Representatives of federal agencies.--To the extent
        amounts are madeavailable in advance in appropriations Acts,
each member of the Board who represents a Federal agency shall be
reimbursed of appropriations for travel expenses by his or her agency,
including per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular place of
business of the member in the performance of services for the Board.
            ``(B) Other individuals.--To the extent amounts are made
        available in advance in appropriations Acts, each member of the
        Board who represents a State agency, the member of the Board
        who represents the private sector, and each member of a work
        group created under paragraph (1) shall be reimbursed for
        travel expenses by FEMA, including per diem in lieu of
        subsistence, at rates authorized for an employee of an agency
        under subchapter I of chapter 57 of title 5, United States
        Code, while away from home or regular place of business of the
        member in performance of services for the Board.''.

SEC. 4. RESEARCH.

    Section 9(a) (33 U.S.C. 467g) is amended--
        (1) in the matter preceding paragraph (1)--
            (A) by striking ``in cooperation with ICODS'' and inserting
        ``in cooperation with the Board''; and
            (B) by inserting ``and support'' after ``develop'';
        (2) in paragraph (1) by striking ``and'' at the end;
        (3) in paragraph (2) by striking the period at the end and
    inserting a semicolon; and
        (4) by adding at the end the following:
        ``(3) development and maintenance of information resources
    systems needed to support managing the safety of dams; and
        ``(4) initiatives to guide the formulation of effective public
    policy and advance improvements in dam safety engineering,
    security, and management.''.

SEC. 5. DAM SAFETY TRAINING.

    The Act (33 U.S.C. 467 et seq.) is amended--
        (1) by redesignating sections 10, 11, and 12 as sections 11,
    12, and 13, respectively; and
        (2) by inserting after section 9 the following:

``SEC. 10. DAM SAFETY TRAINING.

    ``At the request of any State that has or intends to develop a
State dam safety program, the Director shall provide training for State
dam safety staff and inspectors.''.

SEC. 6. REPORTS.

    Section 11 (as redesignated by section 5 of this Act) is amended by
striking subsection (a) and all that follows through ``(b) Biennial
Reports.--''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Annual Amounts.--Section 13(a)(1) (as redesignated by section 5
of this Act) is amended--
        (1) by striking ``sections 7, 8, and 10'' and inserting
    ``sections 7, 8, and 11''; and
        (2) by striking ``$1,000,000 for fiscal year 1998,'' and all
    that follows through the period at the end and inserting
    ``$6,000,000 for each of fiscal years 2003 through 2006, to remain
    available until expended.''.
    (b) Allocation.--Section 13(a)(2) (as redesignated by section 5 of
this Act) is amended--
        (1) in subparagraph (A) by striking ``section 8(f)'' each place
    it appears and inserting ``section 8(e)''; and
        (2) in subparagraph (C) by striking ``needing primary
    assistance and States needing advanced assistance under section
    8(f)''.
    (c) Research; Dam Safety Training; Staff.--Section 13 (as
redesignated by section 5 of this Act) is amended by striking
subsections (c) through (e) and inserting the following:
    ``(c) Research.--There is authorized to be appropriated to carry
out section 9 $1,500,000 for each of fiscal years 2003 through 2006, to
remain until expended.
    ``(d) Dam Safety Training.--There is authorized to be appropriated
to carry out section 10 $500,000 for each of fiscal years 2003 through
2006.
    ``(e) Staff.--There is authorized to be appropriated to FEMA for
the employment of such additional staff personnel as are necessary to
carry out sections 8 through 10 $600,000 for each of fiscal years 2003
through 2006.''.

                               Speaker of the House of Representatives.

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

Summary: Dam Safety and Security Act of 2002 - Amends the National Dam Safety Program Act to direct the Interagency Committee on Dam Safety to encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety. Requires the Director of the Federal Emergency Management Agency to prepare a strategic plan to establish: (1) goals, priorities, and target dates to improve dam safety. And (2) cooperation and coordination with, and assistance to, interested State governmental entities. Requires the Director to: (1) provide assistance to assist States in establishing, maintaining, and improving dam safety programs. And (2) establish the National Dam Safety Review Board to monitor State implementation , to monitor the safety of dams in the United States, and to advise the Director on national dam safety policy. Provides for participation of representatives from Federal or State agencies or dam safety experts as nonvoting members in Board meetings. Requires technical and archival research to support: (1) development and maintenance of information resources systems needed to support managing dam safety. And (2) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management. Requires the Director, at the request of any State that has or intends to develop a State dam safety program, to provide training for State dam safety staff and inspectors. Increases and extends through FY 2006 the authorization of appropriations for the national dam safety program, national dam research, and dam safety training and staffing requirements.

To reauthorize the national dam safety program, and for other purposes.


SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Strengthening and Focusing
Enforcement to Deter Organized Stealing and Enhance Safety Act of
2012'' or the ``SAFE DOSES Act''.
SEC. 2. THEFT OF MEDICAL PRODUCTS.
    (a) Prohibited Conduct and Penalties.--Chapter 31 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 670. Theft of medical products
    ``(a) Prohibited Conduct.--Whoever, in, or using any means or
facility of, interstate or foreign commerce--
        ``(1) embezzles, steals, or by fraud or deception obtains, or
    knowingly and unlawfully takes, carries away, or conceals a pre-
    retail medical product;
        ``(2) knowingly and falsely makes, alters, forges, or
    counterfeits the labeling or documentation (including documentation
    relating to origination or shipping) of a pre-retail medical
    product;
        ``(3) knowingly possesses, transports, or traffics in a pre-
    retail medical product that was involved in a violation of
    paragraph (1) or (2);
        ``(4) with intent to defraud, buys, or otherwise obtains, a
    pre-retail medical product that has expired or been stolen;
        ``(5) with intent to defraud, sells, or distributes, a pre-
    retail medical product that is expired or stolen; or
        ``(6) attempts or conspires to violate any of paragraphs (1)
    through (5);
shall be punished as provided in subsection (c) and subject to the
other sanctions provided in this section.
    ``(b) Aggravated Offenses.--An offense under this section is an
aggravated offense if--
        ``(1) the defendant is employed by, or is an agent of, an
    organization in the supply chain for the pre-retail medical
    product; or
        ``(2) the violation--
            ``(A) involves the use of violence, force, or a threat of
        violence or force;
            ``(B) involves the use of a deadly weapon;
            ``(C) results in serious bodily injury or death, including
        serious bodily injury or death resulting from the use of the
        medical product involved; or
            ``(D) is subsequent to a prior conviction for an offense
        under this section.
    ``(c) Criminal Penalties.--Whoever violates subsection (a)--
        ``(1) if the offense is an aggravated offense under subsection
    (b)(2)(C), shall be fined under this title or imprisoned not more
    than 30 years, or both;
        ``(2) if the value of the medical products involved in the
    offense is $5,000 or greater, shall be fined under this title,
    imprisoned for not more than 15 years, or both, but if the offense
    is an aggravated offense other than one under subsection (b)(2)(C),
    the maximum term of imprisonment is 20 years; and
        ``(3) in any other case, shall be fined under this title,
    imprisoned for not more than 3 years, or both, but if the offense
    is an aggravated offense other than one under subsection (b)(2)(C),
    the maximum term of imprisonment is 5 years.
    ``(d) Civil Penalties.--Whoever violates subsection (a) is subject
to a civil penalty in an amount not more than the greater of--
        ``(1) three times the economic loss attributable to the
    violation; or
        ``(2) $1,000,000.
    ``(e) Definitions.--In this section--
        ``(1) the term `pre-retail medical product' means a medical
    product that has not yet been made available for retail purchase by
    a consumer;
        ``(2) the term `medical product' means a drug, biological
    product, device, medical food, or infant formula;
        ``(3) the terms `device', `drug', `infant formula', and
    `labeling' have, respectively, the meanings given those terms in
    section 201 of the Federal Food, Drug, and Cosmetic Act;
        ``(4) the term `biological product' has the meaning given the
    term in section 351 of the Public Health Service Act;
        ``(5) the term `medical food' has the meaning given the term in
    section 5(b) of the Orphan Drug Act; and
        ``(6) the term `supply chain' includes manufacturer,
    wholesaler, repacker, own-labeled distributor, private-label
    distributor, jobber, broker, drug trader, transportation company,
    hospital, pharmacy, or security company.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 18, United States Code, is amended by adding after
the item relating to section 669 the following:

``670. Theft of medical products.''.
SEC. 3. CIVIL FORFEITURE.
    Section 981(a)(1)(C) of title 18, United States Code, is amended by
inserting ``670,'' after ``657,''.
SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES.
    (a) Interstate or Foreign Shipments by Carrier.--Section 659 of
title 18, United States Code, is amended by adding at the end of the
fifth undesignated paragraph the following: ``If the offense involves a
pre-retail medical product (as defined in section 670), it shall be
punished under section 670 unless the penalties provided for under this
section are greater.''.
    (b) Racketeering.--
        (1) Travel act violations.--Section 1952 of title 18, United
    States Code, is amended by adding at the end the following:
    ``(d) If the offense under this section involves an act described
in paragraph (1) or (3) of subsection (a) and also involves a pre-
retail medical product (as defined in section 670), the punishment for
the offense shall be the same as the punishment for an offense under
section 670 unless the punishment under subsection (a) is greater.''.
        (2) Money laundering.--Section 1957(b)(1) of title 18, United
    States Code, is amended by adding at the end the following: ``If
    the offense involves a pre-retail medical product (as defined in
    section 670) the punishment for the offense shall be the same as
    the punishment for an offense under section 670 unless the
    punishment under this subsection is greater.''.
    (c) Breaking or Entering Carrier Facilities.--Section 2117 of title
18, United States Code, is amended by adding at the end of the first
undesignated paragraph the following: ``If the offense involves a pre-
retail medical product (as defined in section 670) the punishment for
the offense shall be the same as the punishment for an offense under
section 670 unless the punishment under this section is greater.''.
    (d) Stolen Property.--
        (1) Transportation of stolen goods and related offenses.--
    Section 2314 of title 18, United States Code, is amended by adding
    at the end of the sixth undesignated paragraph the following: ``If
    the offense involves a pre-retail medical product (as defined in
    section 670) the punishment for the offense shall be the same as
    the punishment for an offense under section 670 unless the
    punishment under this section is greater.''.
        (2) Sale or receipt of stolen goods and related offenses.--
    Section 2315 of title 18, United States Code, is amended by adding
    at the end of the fourth undesignated paragraph the following: ``If
    the offense involves a pre-retail medical product (as defined in
    section 670) the punishment for the offense shall be the same as
    the punishment for an offense under section 670 unless the
    punishment under this section is greater.''.
    (e) Priority Given to Certain Investigations and Prosecutions.--The
Attorney General shall give increased priority to efforts to
investigate and prosecute offenses under section 670 of title 18,
United States Code, that involve pre-retail medical products.
SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE.
    Section 2516(1) of title 18, United States Code, is amended--
        (1) by redesignating paragraph (s) as paragraph (t);
        (2) by striking ``or'' at the end of paragraph (r); and
        (3) by inserting after paragraph (r) the following:
        ``(s) any violation of section 670 (relating to theft of
    medical products); or''.
SEC. 6. REQUIRED RESTITUTION.
    Section 3663A(c)(1)(A) of title 18, United States Code, is
amended--
        (1) in clause (ii), by striking ``or'' at the end;
        (2) in clause (iii), by striking ``and'' at the end and
    inserting ``or''; and
        (3) by adding at the end the following:
            ``(iv) an offense under section 670 (relating to theft of
        medical products); and''.
SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.
    (a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if appropriate,
amend the Federal sentencing guidelines and policy statements
applicable to persons convicted of offenses under section 670 of title
18, United States Code, as added by this Act, section 2118 of title 18,
United States Code, or any another section of title 18, United States
Code, amended by this Act, to reflect the intent of Congress that
penalties for such offenses be sufficient to deter and punish such
offenses, and appropriately account for the actual harm to the public
from these offenses.
    (b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
        (1) consider the extent to which the Federal sentencing
    guidelines and policy statements appropriately reflect--
            (A) the serious nature of such offenses;
            (B) the incidence of such offenses; and
            (C) the need for an effective deterrent and appropriate
        punishment to prevent such offenses;
        (2) consider establishing a minimum offense level under the
    Federal sentencing guidelines and policy statements for offenses
    covered by this Act;
        (3) account for any additional aggravating or mitigating
    circumstances that might justify exceptions to the generally
    applicable sentencing ranges;
        (4) ensure reasonable consistency with other relevant
    directives, Federal sentencing guidelines and policy statements;
        (5) make any necessary conforming changes to the Federal
    sentencing guidelines and policy statements; and
        (6) ensure that the Federal sentencing guidelines and policy
    statements adequately meet the purposes of sentencing set forth in
    section 3553(a)(2) of title 18, United States Code.

                               Speaker of the House of Representatives.

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

Summary: Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer. (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product. (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation. (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen. Or (5) attempting or conspiring to commit such a violation. Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product. Or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act. Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises. (2) engaging in monetary transactions in property derived from specified unlawful activity. (3) breaking into or entering carrier facilities with intent to commit larceny. And (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products. Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product. Directs the US Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.

To amend title 18, United States Code, to prohibit theft of medical products, and for other purposes.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Scotchman Peaks
Wilderness Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Scotchman Peaks Wilderness.
Sec. 4. Administration.
Sec. 5. Fire.
Sec. 6. Adjacent management.
Sec. 7. Indian tribes.
Sec. 8. Effect.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (2) Wilderness area.--The term ``wilderness area'' means
        the area designated as a component of the National Wilderness
        Preservation System by section 3(a).

SEC. 3. SCOTCHMAN PEAKS WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain National Forest System land in the State of
Idaho comprising approximately 13,961 acres, as generally depicted on
the map entitled ``Final Map Scotchman Peaks Wilderness'' and dated
June 20, 2016, is designated as wilderness and as a component of the
National Wilderness Preservation System and shall be known as the
``Scotchman Peaks Wilderness''.
    (b) Map and Legal Description.--As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a map
and legal description for the wilderness area.
    (c) Effect.--The map and legal description submitted under
subsection (b) shall have the same force and effect as if included in
this Act, except that the Secretary may correct minor errors in the map
or legal description.
    (d) Availability.--The map and legal description submitted under
subsection (b) shall be available for public inspection in the
appropriate offices of the Forest Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--Subject to valid existing rights, the wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date shall be considered to be a reference to
the date of enactment of this Act.
    (b) Withdrawal.--Subject to valid existing rights, the wilderness
area is withdrawn from all forms of--
            (1) entry, appropriation, and disposal under the public
        land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral leasing, mineral
        materials, and geothermal leasing laws.
    (c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State of Idaho with respect to fish and wildlife on
public land in the State.
    (d) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may carry out management activities to maintain or restore
fish and wildlife populations and habitats to support fish and wildlife
populations within the wilderness area if the management activities--
            (1) are consistent with relevant wilderness management
        plans;
            (2) are conducted in accordance with appropriate policies,
        such as the policies established in Appendix B of the report of
        the Committee on Interior and Insular Affairs of the House of
        Representatives accompanying H.R. 2570 of the 101st Congress
        (House Report 101-405), including the occasional and temporary
        use of motorized vehicles; and
            (3) as determined by the Secretary, would--
                    (A) promote healthy, viable, and more naturally
                distributed wildlife populations that would enhance
                wilderness values; and
                    (B) accomplish the purpose of the management
                activity with the minimum impact necessary.

SEC. 5. FIRE.

    In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take such measures within the wilderness
area as the Secretary determines to be necessary for the control of
fire, insects, and disease.

SEC. 6. ADJACENT MANAGEMENT.

    (a) In General.--Nothing in this Act creates a protective perimeter
or buffer zone around the wilderness area.
    (b) Activities Outside Wilderness Area.--The fact that an activity
or use on land outside the wilderness area can be seen or heard within
the wilderness area shall not preclude the activity or use outside the
wilderness area.

SEC. 7. INDIAN TRIBES.

    (a) Access.--In recognition of the past use of the wilderness area
by Indian tribes for traditional cultural and religious purposes, the
Secretary shall ensure that Indian tribes have access to the wilderness
area for--
            (1) traditional cultural and religious purposes; and
            (2) exercise of any right reserved by treaty.
    (b) Temporary Closures.--
            (1) In general.--In carrying out this section, the
        Secretary, on request of an Indian tribe, may temporarily close
        to the general public one or more specific portions of the
        wilderness area to protect the privacy of the members of the
        Indian tribe in the conduct of the traditional cultural and
        religious activities in the wilderness area.
            (2) Requirement.--Any closure under paragraph (1) shall be
        made in such a manner as to affect the smallest practicable
        area for the minimum period of time necessary for the activity
        to be carried out.
    (c) Applicable Law.--Access to the wilderness area under this
section shall be in accordance with--
            (1) Public Law 95-341 (commonly known as the ``American
        Indian Religious Freedom Act'') (42 U.S.C. 1996); and
            (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 8. EFFECT.

    Nothing in this Act diminishes the rights of any Indian tribe.

Summary: Scotchman Peaks Wilderness Act of 2016 This bill designates approximately 13,961 acres of National Forest System land in Idaho, to be known as the Scotchman Peaks Wilderness, as wilderness and a component of the National Wilderness Preservation System. The wilderness area is withdrawn from specified public land, mining, mineral leasing, mineral materials, and geothermal leasing laws. The Department of Agriculture (USDA) may carry out management activities to maintain or restore fish and wildlife populations and habitats within the wilderness area if they would: promote healthy, viable, and more naturally distributed populations that would enhance wilderness values. And accomplish the purpose of the management activity with the minimum impact necessary. USDA may take measures within the wilderness area necessary for the control of fire, insects, and disease. Nothing in this bill creates a protective perimeter or buffer zone around the wilderness area. USDA shall ensure that Indian tribes have access to the wilderness area for: traditional and cultural purposes, and the exercise of any right reserved by treaty.

Scotchman Peaks Wilderness Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Earmark Reform and Federal Spending
Transparency and Accountability Act of 2011''.

SEC. 2. LIMITATION ON CONTRIBUTIONS BY EARMARK BENEFICIARIES TO CERTAIN
              CANDIDATES.

    (a) Limitation.--
            (1) In general.--Section 315(a) of the Federal Election
        Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by
        redesignating paragraphs (4) through (8) as paragraphs (5)
        through (9), respectively, and by inserting after paragraph (3)
        the following new paragraph:
    ``(4) Limitation on Contributions by Earmark Beneficiaries.--
            ``(A) In general.--During the period which begins on
        January 1 of an odd-numbered year and ends on December 31 of
        the next even-numbered year, no earmark beneficiary shall make
        contributions aggregating more than $5,000 to any requesting
        candidate with respect to such earmark beneficiary.
            ``(B) Definitions.--For purposes of this paragraph:
                    ``(i) Earmark beneficiary.--The term `earmark
                beneficiary' means any person who specifically requests
                and benefits from a congressionally directed spending
                item, a limited tax benefit, or a limited tariff
                benefit (as such terms are defined in paragraph 5 of
                rule XLIV of the Standing Rules of the Senate,
                determined by substituting `Senator or Member' for
                `Senator' in such paragraph) which was enacted into law
                during the period described in subparagraph (A) or any
                person who is hired to represent the interests of the
                person making the request.
                    ``(ii) Requesting candidate; requesting
                individual.--The terms `requesting candidate' and
                `requesting individual' mean, with respect to any
                earmark beneficiary, any Senator or Member who
                requested the congressionally directed spending item,
                limited tax benefit, or limited tariff benefit (as so
                defined) which benefits the earmark beneficiary.''.
            (2) Conforming amendment.--Paragraph (1) of section 315(a)
        of such Act (2 U.S.C. 441a(a)) is amended by striking
        ``subsection (i) and section 315A'' and inserting ``paragraph
        (4), subsection (i), and section 315(A)''.
    (b) Inflation Adjustment.--
            (1) In general.--Section 315(c)(1) of such Act (2 U.S.C.
        441a(c)(1)) is amended by inserting ``(a)(4),'' after
        ``(a)(3)'' each place it appears in subparagraphs (B)(i) and
        (C).
            (2) Base period.--Section 315(c)(2)(B) of such Act (2
        U.S.C. 441(c)(2)(B)) is amended by striking ``and'' at the end
        of clause (i), by striking the period at the end of clause (ii)
        and inserting ``; and'', and by adding at the end the following
        new clause:
                            ``(iii) for purposes of subsection (a)(4),
                        calendar year 2010.''.
    (c) Effective Date.--The amendments made by this section shall
apply to contributions made on and after January 1, 2011.

SEC. 3. LIMITS ON STAFF ATTENDANCE OF MEMBER FUND RAISERS.

    (a) In General.--Except as provided in subsection (b), an employee
of the personal staff of a Member of Congress shall not attend a
political fund raiser held on behalf of the Member of Congress for whom
they are employed.
    (b) Exception.--A Member of Congress may designate 1 employee who
shall not be subject to the provisions of subsection (a).

SEC. 4. EARMARK PUBLIC DATABASE.

    Not later than July 1, 2011, the Secretary of the Senate and the
Clerk of the House of Representatives shall post on the public website
of their respective Houses a link to the earmark database maintained by
the Office of Management and Budget.

SEC. 5. FEDERAL EXPENDITURE PUBLIC DATABASE.

    Not later than July 1, 2011, the head of each department and agency
of the Federal Government shall post on the public website of that
department or agency a link to a searchable database that lists each
contract, grant, cooperative agreement, and other expenditure made by
the department or agency listing with respect to the expenditure the
amount, purpose, term, and office making such expenditure.

SEC. 6. VOUCHING FOR EARMARK REQUESTS.

    Paragraph 6(a)(4) of rule XLIV of the Standing Rules of the Senate
is amended by inserting before the semicolon the following: ``and a
certification that the recipient is qualified to handle the project, if
applicable''.

SEC. 7. GAO AUDITS.

    Not later than December 31, 2011, and each year thereafter, the
Comptroller General shall submit a report to Congress that uses the OMB
database--
            (1) to randomly select a percentage of each of the programs
        and projects funded through earmarks in the preceding fiscal
        year;
            (2) to conduct an audit on each selected program or project
        reporting on the amount, purpose, term, requesting Member, and
        the present state of completion of the program or project; and
            (3) if the earmark contributes to an already existing
        program or project, to provide a detailed accounting of how the
        earmark contributed to each program or project.

Summary: Earmark Reform and Federal Spending Transparency and Accountability Act of 2011 - Amends the Federal Election Campaign Act of 1971 to prohibit, between January 1 of an odd-numbered year and December 31 of the next even-numbered year, an earmark beneficiary from making contributions aggregating more than $5,000 to any requesting candidate with respect to such earmark beneficiary. Defines requesting candidate as any Senator or Member who requested a congressionally directed spending item, limited tax benefit, or limited tariff benefit (earmark) which benefits the earmark beneficiary. Prohibits the employees of the personal staff of a Member of Congress, except for one designee, from attending a political fund raiser held on the Member's behalf. Requires the Secretary of the Senate and the Clerk of the House of Representatives each to post on the respective public website a link to the earmark database maintained by the Office of Management and Budget (OMB). Requires the head of each federal department and agency to post on the respective public website a link to a searchable database that lists each contract, grant, cooperative agreement, and other expenditure made by the department or agency. Amends Rule XLIV of the Standing Rules of the Senate to require a Senator requesting an earmark in any legislation or an accompanying joint statement of managers to certify in the required written statement to the chairman and ranking member of the committee of jurisdiction that the earmark recipient is qualified to handle the project. Requires the Comptroller General, in an annual report to Congress, to use the OMB database to: (1) randomly select a percentage of each of the programs and projects funded through earmarks in the preceding fiscal year, (2) audit each selected one. And (3) provide a detailed accounting of how, if it does so, the earmark contributes to an already existing program or project.

A bill to reform earmarking and increase transparency and accountability for all expenditures authorized by Congress and all executive agencies of the Federal Government.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marian Anderson Centennial
Commemorative Coin Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Marian Anderson, one of the world's greatest singers, a
        champion for civil rights, and a leader in the advancement of
        global peace, was born on February 27, 1897, in Philadelphia,
        Pennsylvania;
            (2) Marian Anderson, a master of repertoire actress
        operatic, recital, and American traditional genres, played a
        vital role in the acceptance of African-American musicians in
        the classical music world;
            (3) in 1963, Marian Anderson was given a Presidential Medal
        of Freedom;
            (4) in 1974, Congress passed a resolution to have a special
        gold medal minted in her name;
            (5) in 1977, Marian Anderson, who was an alternate delegate
        to the United Nations, received the U.N. Peace Prize;
            (6) in 1986, Marian Anderson was awarded the National Arts
        Medal; and
            (7) 1997 will mark the centennial of the birth of Marian
        Anderson.

                      TITLE I--COMMEMORATIVE COINS

SEC. 101. COIN SPECIFICATIONS.

    (a) Denominations.--In commemoration of the centennial of the birth
of Marian Anderson, the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall mint and issue--
            (1) not more than 350,000 $1 coins, each of which shall--
                    (A) weigh 26.73 grams;
                    (B) have a diameter of 1.500 inches; and
                    (C) contain 90 percent silver and 10 percent
                copper; and
            (2) not more than 350,000 half dollar coins, each of which
        shall--
                    (A) weigh 12.50 grams;
                    (B) have a diameter of 1.205 inches; and
                    (C) contain 90 percent silver and 10 percent
                copper.
    (b) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.

SEC. 102. SOURCES OF BULLION.

    The Secretary shall obtain silver for minting coins under this
title only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.

SEC. 103. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) In general.--The design of the coins minted under this
        title shall be emblematic of the many accomplishments of Marian
        Anderson throughout her prolific life.
            (2) Designation and inscriptions.--On each coin minted
        under this title there shall be--
                    (A) a designation of the value of the coin;
                    (B) an inscription of the years ``1897-1997''; and
                    (C) inscriptions of the words ``Liberty'', ``In God
                We Trust'', ``United States of America'', and ``E
                Pluribus Unum''.
            (3) Obverse of coin.--The obverse of each coin minted under
        this title shall bear the likeness of Marian Anderson.
    (b) Design Competition.--Before the end of the 3-month period
beginning on the date of enactment of this Act, the Secretary shall
conduct an open design competition for the design of the obverse and
the reverse of the coins minted under this title.
    (c) Selection.--The design for the coins minted under this title
shall be--
            (1) selected by the Secretary after consultation with the
        Commission of Fine Arts; and
            (2) reviewed by the Citizens Commemorative Coin Advisory
        Committee.

SEC. 104. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this title shall be
issued in uncirculated and proof qualities.
    (b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
title.
    (c) Commencement of Issuance.--The Secretary may issue coins minted
under this title beginning on and after the date of enactment of this
Act.
    (d) Termination of Minting Authority.--No coins may be minted under
this title after July 31, 1998.

SEC. 105. SALE OF COINS.

    (a) Sale Price.--The coins issued under this title shall be sold by
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharge provided in subsection (d) with respect
        to such coins; and
            (3) the cost of designing and issuing the coins (including
        labor, materials, dies, use of machinery, overhead expenses,
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this title at a reasonable discount.
    (c) Prepaid Orders.--
            (1) In general.--The Secretary shall accept prepaid orders
        for the coins minted under this title before the issuance of
        such coins.
            (2) Discount.--Sale prices with respect to prepaid orders
        under paragraph (1) shall be at a reasonable discount.
    (d) Surcharges.--All sales of coins minted under this title shall
include a surcharge of--
            (1) $14 per coin for the $1 coin; and
            (2) $7 per coin for the half dollar coin.

SEC. 106. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

    (a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out this
title.
    (b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this title
from complying with any law relating to equal employment opportunity.

SEC. 107. DISTRIBUTION OF SURCHARGES.

    (a) In General.--Subject to section 5134(f) of title 31, United
States Code, the first $2,000,000 of the surcharges received by the
Secretary from the sale of coins issued under this title shall be
promptly paid by the Secretary as follows:
            (1) Smithsonian institution.--50 percent to the Board of
        Regents of the Smithsonian Institution, for exhibits on
        African-American art, history, and culture.
            (2) Corporation for public broadcasting.--50 percent to the
        Public Broadcasting Fund established under section 396(k) of
        the Communications Act of 1934 (47 U.S.C. 396(k)), for
        educational programs on African-American art, history, and
        culture and on the life of Marian Anderson.
    (b) Excess Payable to the National Numismatic Collection.--After
payment of the amounts required under subsection (a), the Secretary
shall pay the remaining surcharges to the National Museum of American
History in Washington, D.C., for the support of the National Numismatic
Collection at the museum.
    (c) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code.

SEC. 108. FINANCIAL ASSURANCES.

    (a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this title will not result in any net cost to the United States
Government.
    (b) Payment for Coins.--A coin shall not be issued under this title
unless the Secretary has received--
            (1) full payment for the coin;
            (2) security satisfactory to the Secretary to indemnify the
        United States for full payment; or
            (3) a guarantee of full payment satisfactory to the
        Secretary from a depository institution whose deposits are
        insured by the Federal Deposit Insurance Corporation or the
        National Credit Union Administration Board.

                      TITLE II--CIRCULATING COINS

SEC. 201. AUTHORITY TO REDESIGN HALF DOLLAR CIRCULATING COINS.

    Section 5112(d) of title 31, United States Code, is amended by
inserting after the 6th sentence the following: ``At the discretion of
the Secretary, half dollar coins minted after December 31, 1996, and
before July 31, 1998, may bear the same design as the commemorative
coins minted under title I of the Marian Anderson Centennial
Commemorative Coin Act, as established under section 103 of that
Act.''.

Summary: TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Marian Anderson Centennial Commemorative Coin Act - Title I: Commemorative Coins - Instructs the Secretary of the Treasury to: (1) mint and issue one-dollar and half-dollar coins in commemoration of the centennial of the birth of Marian Anderson. And (2) allocate sales surcharges to the Smithsonian Institution, the Public Broadcasting Fund, and the National Museum of American History for the support of the National Numismatic Collection. Title II: Circulating Coins - Amends Federal currency law to provide that at the Secretary's discretion, half-dollar coins minted after specified dates may bear the same design as the commemorative coins minted under this Act.