SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Professional Sports Antitrust
Clarification Act of 1996''.

SEC. 2. ACTIONS AUTHORIZED.

    (a) In General.--Notwithstanding any provision of the antitrust
laws, and subject to section 3 and subsection (b) of this section, a
professional sports league or its member franchises may establish and
enforce rules and procedures for the purpose of deciding whether a
member franchise may change its home territory.
    (b) Construction.--Nothing in this section shall be construed to
exempt from the antitrust laws any conduct which would be unlawful
under any antitrust law if engaged in by a single entity.

SEC. 3. REQUIREMENTS FOR ANTITRUST PROTECTION.

    (a) In General.--This Act applies to a professional sports league
and its member franchises if such league--
            (1) establishes applicable rules and procedures to govern
        whether a member franchise may change its home territory that
        are available upon request to any interested party;
            (2) affords due process, including 180 days notice and an
        opportunity to be heard, to interested parties prior to
        deciding whether a member franchise may change its home
        territory; and
            (3) promotes comparable economic opportunities by sharing
        revenue among member franchises to account for disparities in
        revenue received or costs saved due to direct or indirect
        public benefits and subsidies, including publicly financed
        facilities, rent abatement, special tax treatment, favorable
        arrangements for parking, concessions, and other amenities, and
        other public benefits not generally available to businesses as
        a whole within the jurisdiction.
    (b) Rules and Procedures.--Rules and procedures established under
subsection (a)(1) shall require consideration of various factors to
protect the public interest, including--
            (1) the extent to which fan support for a member franchise
        has been demonstrated through attendance, ticket sales, and
        television ratings, during the period in which the member
        franchise played in its home territory;
            (2) the extent to which the member franchise has, directly
        or indirectly, received public financial support through
        publicly financed facilities, rent abatement, special tax
        treatment, favorable arrangements for parking, concessions, and
        other amenities, and any other public benefits not generally
        available to businesses as a whole within the jurisdiction, and
        the extent to which such support continues;
            (3) the effect that relocation would have on contracts,
        agreements, and understandings between the member franchise and
        public and private parties;
            (4) the extent of any net operating losses experienced by
        the member franchise in recent years and the extent to which
the member franchise bears responsibility for such losses; and
            (5) any bona fide offer to purchase the member franchise at
        fair market value, if such offer includes the continued
        location of such member franchise in its home territory.

SEC. 4. JUDICIAL REVIEW.

    (a) Standard of Review.--The standard of judicial review shall be
de novo in any action challenging the establishment and enforcement of
rules and procedures for deciding whether a member franchise may change
its home territory, except that the reviewing court shall give
deference to actions of the professional sports league regarding
compliance with paragraphs (1) and (3) of section 3(a).
    (b) Declaratory Actions.--A professional sports league or any
interested party may seek a declaratory judgment with respect to
whether paragraphs (1) and (3) of section 3(a) are adequately satisfied
by the professional sports league for this Act to apply.
    (c) Limitation on Monetary Damages.--A judicial finding that a
professional sports league did not comply with any provision of section
3 shall result only in further proceedings by the professional sports
league and shall not result in liability under the antitrust laws or
monetary damages, if--
            (1) the professional sports league implemented a revenue
        sharing plan in a good faith attempt to comply with section
        3(a)(3) prior to the specific dispute in issue; or
            (2) a prior declaratory judgment held that the revenue
        sharing plan of the professional sports league complied with
        section 3(a)(3).
    (d) Venue.--In any action challenging the establishment and
enforcement of rules and procedures to decide whether a member
franchise may change its home territory, venue shall be proper only in
the United States District Court for the District of Columbia, except
that--
            (1) venue shall be proper only in the United States
        District Court for the Southern District of New York if the
        existing or proposed home territory of a member franchise is
        located within 100 miles of the United States District Court
        for the District of Columbia; and
            (2) venue shall be proper only in the United States
        District Court for the Northern District of Illinois if--
                    (A) the existing home territory of a member
                franchise is located within 100 miles of the United
                States District Court for the District of Columbia or
                the Southern District of New York; and
                    (B) the proposed home territory of the member
                franchise is located within 100 miles of the United
                States District Court for the District of Columbia or
                the Southern District of New York.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``antitrust laws''--
                    (A) has the same meaning as in subsection (a) of
                the first section of the Clayton Act (15 U.S.C. 12(a)),
                except that such term includes section 5 of the Federal
                Trade Commission Act (15 U.S.C. 45) to the extent that
                such section relates to unfair methods of competition;
                and
                    (B) includes any State law comparable to the laws
                referred to in subparagraph (A);
            (2) the terms ``professional sports team'', ``team'',
        ``member franchise'', and ``franchise'' mean any team of
        professional athletes that is a member of a professional sports
        league;
            (3) the terms ``professional sports league'' and ``league''
        mean--
                    (A) an association of 2 or more professional sports
                teams that governs the conduct of its members and
                regulates the contests and exhibitions in which such
                teams regularly engage;
                    (B) whose decisions relating to franchise
                relocation would otherwise be subject to the antitrust
                laws; and
                    (C) that has combined franchise revenues of more
                than $10,000,000 per year;
            (4) the term ``interested party'' means the member
        franchise at issue, local and State government officials,
        owners and operators of playing facilities, concessionaires,
        and others whose business relations would be directly and
        significantly affected by the franchise relocation at issue,
        and representatives of organized civic and fan groups; and
            (5) the term ``playing facility'' means the stadium, arena,
        or other venue in which professional sports teams regularly
        conduct their contests and exhibitions.

SEC. 6. EFFECTIVE DATE.

    This Act applies to any action occurring on or after the date of
enactment of this Act.

Summary: Professional Sports Antitrust Clarification Act of 1996 - Permits a professional sports league or its member franchises to establish and enforce rules and procedures for deciding whether a member franchise may change its home territory, notwithstanding the antitrust laws. Specifies requirements for antitrust protection, including that the league promote comparable economic opportunities by sharing revenue among member franchises to account for disparities in revenue or savings due to public benefits and subsidies. Requires such franchise relocation rules and procedures to provide for consideration of various factors to protect the public interest, including: (1) fan support, (2) the extent of public financial support received, (3) the effect on existing contracts, (4) the extent of any net operating losses. And (5) any bona fide offer to purchase the franchise and keep it in its home territory. Provides for judicial review in actions challenging establishment or enforcement of such rules and procedures.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Facility Accountability Act
of 2013''.

SEC. 2. FEDERAL FACILITIES.

    (a) Application to Federal Government.--Section 120(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(a)) is amended in the heading by striking ``of
Act''.
    (b) Application of Requirements to Federal Facilities.--Section
120(a)(2) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(a)(2)) is amended--
            (1) by striking ``preliminary assessments'' and inserting
        ``response actions'';
            (2) by inserting ``or'' after ``National Contingency
        Plan,'';
            (3) by striking ``, or applicable to remedial actions at
        such facilities''; and
            (4) by inserting ``or have been'' before ``owned or
        operated''.
    (c) Applicability of Laws.--Section 120(a)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(a)(4)) is amended to read as follows:
            ``(4) Applicability of laws.--
                    ``(A) In general.--Each department, agency, and
                instrumentality of the United States shall be subject
                to, and comply with, at facilities that are or have
                been owned or operated by any such department, agency,
                or instrumentality, State substantive and procedural
                requirements regarding response relating to hazardous
                substances or pollutants or contaminants, including
                State hazardous waste requirements, in the same manner
                and to the same extent as any nongovernmental entity.
                    ``(B) Compliance.--
                            ``(i) In general.--The United States hereby
                        expressly waives any immunity otherwise
                        applicable to the United States with respect to
                        any State substantive or procedural requirement
                        referred to in subparagraph (A).
                            ``(ii) Injunctive relief.--Neither the
                        United States, nor any agent, employee, nor
                        officer thereof, shall be immune or exempt from
                        any process or sanction of any State or Federal
                        Court with respect to the enforcement of any
                        injunctive relief under subparagraph (C)(ii).
                            ``(iii) Civil penalties.--No agent,
                        employee, or officer of the United States shall
                        be personally liable for any civil penalty
                        under any State substantive or procedural
                        requirement referred to in subparagraph (A), or
                        this Act, with respect to any act or omission
                        within the scope of the official duties of the
                        agent, employee, or officer.
                    ``(C) Substantive and procedural requirements.--The
                State substantive and procedural requirements referred
                to in subparagraph (A) include--
                            ``(i) administrative orders;
                            ``(ii) injunctive relief;
                            ``(iii) civil and administrative penalties
                        and fines, regardless of whether such penalties
                        or fines are punitive or coercive in nature or
                        are imposed for isolated, intermittent, or
                        continuing violations;
                            ``(iv) reasonable service charges or
                        oversight costs; and
                            ``(v) laws or regulations requiring the
                        imposition and maintenance of engineering or
                        land use controls.
                    ``(D) Reasonable service charges or oversight
                costs.--The reasonable service charges or oversight
                costs referred to in subparagraph (C) include fees or
                charges assessed in connection with--
                            ``(i) the processing, issuance, renewal, or
                        modification of permits;
                            ``(ii) the review of plans, reports,
                        studies, and other documents;
                            ``(iii) attorney's fees;
                            ``(iv) inspection and monitoring of
                        facilities or vessels; and
                            ``(v) any other nondiscriminatory charges
                        that are assessed in connection with a State
                        requirement regarding response relating to
                        hazardous substances or pollutants or
                        contaminants.''.

SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS.

    Section 115 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by
adding at the end the following new sentence: ``If the President
delegates or assigns any duties or powers under this section to a
department, agency, or instrumentality of the United States other than
the Administrator, the Administrator may review, as the Administrator
determines necessary or upon request of any State, actions taken, or
regulations promulgated, pursuant to such delegation or assignment, for
purposes of ensuring consistency with the guidelines, rules,
regulations, or criteria established by the Administrator under this
title.''.

Summary: Federal Facility Accountability Act of 2013 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to apply all guidelines, rules, regulations, and criteria applicable to response actions to address hazardous substances at facilities to those currently or formerly owned or operated by the United States. Requires federal facilities to comply with state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including state hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. Waives sovereign immunity with respect to state substantive or procedural requirements. Prohibits an agent, employee, or officer of the United States from being: (1) immune or exempt from injunctive relief with respect to such state requirements, and (2) personally liable for any civil penalty under such requirements or CERCLA with respect to any act or omission within the scope of their official duties. Provides that state substantive and procedural requirements include administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges or oversight costs, and laws or regulations requiring the imposition and maintenance of engineering or land use controls. Authorizes the Administrator of the Environmental Protection Agency (EPA) to review as determined necessary, or upon state request, actions taken or regulations promulgated pursuant to any duties or powers delegated or assigned by the President to a department, agency, or instrumentality of the United States other than EPA to ensure consistency with the guidelines, rules, regulations, or criteria established by the Administrator.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chimney Rock National Monument
Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National monument.--The term ``national monument''
        means the Chimney Rock National Monument established by section
        3(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (3) State.--The term ``State'' means the State of Colorado.

SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.

    (a) Establishment.--There is established in the State the Chimney
Rock National Monument--
            (1) to preserve, protect, and restore the archeological,
        cultural, historic, geologic, hydrologic, natural, educational,
        and scenic resources of Chimney Rock and adjacent land; and
            (2) to provide for public interpretation and recreation
        consistent with the protection of the resources described in
        paragraph (1).
    (b) Boundaries.--
            (1) In general.--The national monument shall consist of
        approximately 4,726 acres of land and interests in land, as
        generally depicted on the map entitled ``Boundary Map, Chimney
        Rock National Monument'' and dated January 5, 2010.
            (2) Minor adjustments.--The Secretary may make minor
        adjustments to the boundary of the national monument to reflect
        the inclusion of significant archeological resources discovered
        after the date of enactment of this Act on adjacent National
        Forest System land.
            (3) Availability of map.--The map described in paragraph
        (1) shall be on file and available for public inspection in the
        appropriate offices of the Forest Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall--
            (1) administer the national monument--
                    (A) in furtherance of the purposes for which the
                national monument was established; and
                    (B) in accordance with--
                            (i) this Act; and
                            (ii) any laws generally applicable to the
                        National Forest System; and
            (2) allow only such uses of the national monument that the
        Secretary determines would further the purposes described in
        section 3(a).
    (b) Tribal Uses.--
            (1) In general.--The Secretary shall administer the
        national monument in accordance with--
                    (A) the Native American Graves Protection and
                Repatriation Act (25 U.S.C. 3001 et seq.); and
                    (B) the policy described in Public Law 95-341
                (commonly known as the ``American Indian Religious
                Freedom Act'') (42 U.S.C. 1996).
            (2) Traditional uses.--Subject to any terms and conditions
        the Secretary determines to be necessary and in accordance with
        applicable law, the Secretary shall allow for the continued use
        of the national monument by members of Indian tribes--
                    (A) for traditional ceremonies; and
                    (B) as a source of traditional plants and other
                materials.
    (c) Vegetation Management.--The Secretary may carry out vegetation
management treatments within the national monument, except that the
harvesting of timber shall only be used if the Secretary determines
that the harvesting is necessary for--
            (1) ecosystem restoration in furtherance of section 3(a);
        or
            (2) the control of fire, insects, or diseases.
    (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles
and mountain bikes in the national monument shall be limited to the
roads and trails identified by the Secretary as appropriate for the use
of motor vehicles and mountain bikes.
    (e) Grazing.--The Secretary shall permit grazing within the
national monument, where established before the date of enactment of
this Act--
            (1) subject to all applicable laws (including regulations);
        and
            (2) consistent with the purposes described in section 3(a).
    (f) Utility Right-of-Way Upgrades.--Nothing in this Act precludes
the Secretary from renewing or authorizing the upgrading of a utility
right-of-way in existence as of the date of enactment of this Act
through the national monument--
            (1) in accordance with--
                    (A) the National Environmental Policy Act of 1969
                (42 U.S.C. 4321 et seq.); and
                    (B) any other applicable law; and
            (2) subject to such terms and conditions as the Secretary
        determines to be appropriate.
    (g) Education and Interpretive Center.--The Secretary may develop
and construct an education and interpretive center to interpret the
scientific and cultural resources of the national monument for the
public.
    (h) Designation of Manager.--
            (1) In general.--As soon as practicable after the
        management plan is developed under section 5(a), the Secretary
        shall designate an individual as manager of the national
        monument.
            (2) Other duties.--The manager designated under paragraph
        (1) shall not be precluded from fulfilling other
        responsibilities within the San Juan National Forest.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with Indian tribes with a
cultural or historic tie to Chimney Rock, shall develop a management
plan for the national monument.
    (b) Public Comment.--In developing the management plan, the
Secretary shall provide an opportunity for public comment by--
            (1) State and local governments;
            (2) tribal governments; and
            (3) any other interested organizations and individuals.

SEC. 6. LAND ACQUISITION.

    The Secretary may acquire land and any interest in land within or
adjacent to the boundary of the national monument by--
            (1) purchase from willing sellers with donated or
        appropriated funds;
            (2) donation; or
            (3) exchange.

SEC. 7. WITHDRAWAL.

    (a) In General.--Subject to valid existing rights, all Federal land
within the national monument (including any land or interest in land
acquired after the date of enactment of this Act) is withdrawn from--
            (1) entry, appropriation, or disposal under the public land
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) subject to subsection (b), operation of the mineral
        leasing, mineral materials, and geothermal leasing laws.
    (b) Limitation.--Notwithstanding subsection (a)(3), the Federal
land is not withdrawn for the purposes of issuance of gas pipeline
rights-of-way within easements in existence as of the date of enactment
of this Act.

SEC. 8. EFFECT.

    (a) Water Rights.--
            (1) In general.--Nothing in this Act affects any valid
        water rights, including water rights held by the United States.
            (2) Reserved water right.--The designation of the national
        monument does not create a Federal reserved water right.
    (b) Tribal Rights.--Nothing in this Act affects--
            (1) the rights of any Indian tribe on Indian land;
            (2) any individually held trust land or Indian allotment;
        or
            (3) any treaty rights providing for nonexclusive access to
        or within the national monument by members of Indian tribes for
        traditional and cultural purposes.
    (c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to the management of fish and
wildlife on public land in the State.
    (d) Adjacent Uses.--Nothing in this Act--
            (1) creates a protective perimeter or buffer zone around
        the national monument; or
            (2) affects private property outside of the boundary of the
        national monument.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Summary: Chimney Rock National Monument Establishment Act - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the cultural, historic, natural, educational, and scenic resources of Chimney Rock and adjacent land and to provide for public interpretation and recreation consistent with the protection of such resources. Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument to reflect the inclusion of significant archaeological resources discovered on adjacent National Forest System land. Permits only such uses of the Monument that would further the purposes specified above. Allows for continued use of the Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and other materials. Authorizes the Secretary to carry out vegetation management treatments within the Monument, with the exception of timber harvesting which shall only be used when necessary for ecosystem restoration or the control of fire, insects, or diseases. Authorizes the construction of an education and interpretive center to interpret the Monument's scientific and cultural resources for the public. Requires the Secretary to develop a management plan for the Monument.

A bill to establish the Chimney Rock National Monument in the State of Colorado.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Buy America Update Act''.

SEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT.

    (a) CMAQ Loophole.--Section 313(b) of title 23, United States Code,
is amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) in paragraph (2) by striking ``or''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) that when procuring rolling stock under this
        chapter--
                    ``(A) the cost of components and subcomponents
                produced in the United States is more than 60 percent
                of the cost of all components of the rolling stock; and
                    ``(B) final assembly of the rolling stock has
                occurred in the United States; or''.
    (b) Rule Reevaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall review the
regulations found in section 635.410 of title 23, Code of Federal
Regulations, or any similar successor regulations, to determine whether
manufactured products other than those containing steel and iron should
be considered for the purposes of domestic content preferences.

SEC. 3. COMPONENT REQUIREMENTS AND VERIFICATION.

    (a) Auditing and Certification Modernization.--
            (1) Not later than 6 months after the date of enactment of
        this Act, the Secretary of Transportation shall--
                    (A) initiate a rulemaking to develop audit
                procedures for the agency to review offeror and
                recipient compliance with domestic content provisions;
                and
                    (B) issue guidance on best practices for pre-award
                and post-delivery audits by recipients under section
                5323(m) of title 49, United States Code.
            (2) In developing the guidance required under paragraph
        (1)(B), the Secretary shall consider best practices for--
                    (A) proper and sufficient documentation requests
                from bidders by recipients under section 5323(m) of
                such title to support certification of compliance;
                    (B) proper and sufficient documentation requests
                from bidders by recipients under section 5323(m) of
                such title to support pre-award and post-delivery
                audits;
                    (C) determining the timing and requirements for
                post-delivery audit; and
                    (D) verifying the origin of supplier components and
                subcomponents.
    (b) Component Guidance.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall initiate a rulemaking to
further develop standards under section 5323(j) of title 49, United
States Code, for measuring the percentage value of a component relative
to the entire procurement.

SEC. 4. RAIL BUY AMERICA MODERNIZATION.

    Section 24305(f) of title 49, United States Code, is amended by
adding at the end the following:
    ``(5) Before seeking a waiver request under paragraph (4), Amtrak
shall contract with the National Institute of Standards and Technology
to conduct a supplier scouting process for domestic suppliers that can
provide the compliant products for which a waiver will be sought. Upon
conclusion of the supplier scouting process for a particular component,
material, or subcomponent, Amtrak shall submit to the Secretary a
scouting report along with the waiver request. The Secretary shall
consider the results of the supplier scouting before making a decision
on Amtrak's waiver. If the Secretary decides to grant the waiver, the
Secretary shall publish in the Federal Register a summary of the
Scouting report and the reasons for the Secretary's decision.''.

SEC. 5. FAA BUY AMERICA MODERNIZATION.

    Section 50101 of title 49, United States Code, is amended by adding
at the end the following:
    ``(d) Supplier Scouting.--Before issuing a waiver under subsection
(b), the Secretary shall--
            ``(1) consult with the National Institute of Standards and
        Technology; and
            ``(2) begin a supplier scouting process for domestic
        suppliers that can provide for those compliant products for
        which a waiver will be sought.
    ``(e) Publication Required.--Upon conclusion of the supplier
scouting process required under subsection (d)(2) for a particular
component, material, or subcomponent, the Secretary make the results of
the supplier scouting available to the public.''.

SEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED
              WITH PASSENGER FACILITY CHARGES.

    (a) In General.--Section 50101(a) of title 49, United States Code,
is amended by inserting ``, and may approve a project under section
40117,'' before ``only if steel''.
    (b) Applicability.--The amendment made by subsection (b) shall
apply to an application submitted pursuant to section 40177(c) of title
49, United States Code, after the date of enactment of this Act.

Summary: Buy America Update Act This bill exempts from Buy America requirements the procurement of railroad rolling stock when: the cost of components and subcomponents produced in the United States is more than 60 of the cost of all components of the rolling stock. And final assembly of such rolling stock has occurred in the United States. The Department of Transportation (DOT) shall initiate a rulemaking to develop audit procedures for an agency to review rolling stock offeror and recipient compliance with domestic content requirements, and issue guidance on best practices for pre-award and post-delivery audits by recipients. Before seeking a Buy America waiver request, Amtrak shall contract with the National Institute of Standards and Technology (NIST) to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. DOT must consider Amtrak's scouting report before deciding on the request. Before issuing the Federal Aviation Administration a waiver of Buy America requirements, DOT shall consult with the NIST and begin a supplier scouting process for domestic suppliers that can provide for compliant aviation products for which a waiver will be sought. DOT may approve an airport improvement project financed with passenger facility charges only if steel and manufactured goods used in the project are produced in the United States.

Buy America Update Act


SECTION 1. NATIONAL GUARD COUNTERDRUG SCHOOLS.

    (a) Authority To Operate.--Under such regulations as the Secretary
of Defense may prescribe, the Chief of the National Guard Bureau may
establish and operate not more than five schools (to be known generally
as ``National Guard counterdrug schools'') for the provision by the
National Guard of training in drug interdiction and counter-drug
activities, and drug demand reduction activities, to the personnel of
the following:
            (1) Federal agencies.
            (2) State and local law enforcement agencies.
            (3) Community-based organizations engaged in such
        activities.
            (4) Other non-Federal governmental and private entities and
        organizations engaged in such activities.
    (b) Counterdrug Schools Specified.--The National Guard counterdrug
schools operated under the authority in subsection (a) are as follows:
            (1) The National Interagency Civil-Military Institute
        (NICI), San Luis Obispo, California.
            (2) The Multi-Jurisdictional Counterdrug Task Force
        Training (MCTFT), St. Petersburg, Florida.
            (3) The Midwest Counterdrug Training Center (MCTC), to be
        established in Johnston, Iowa.
            (4) The Regional Counterdrug Training Academy (RCTA),
        Meridian, Mississippi.
            (5) The Northeast Regional Counterdrug Training Center
        (NCTC), Fort Indiantown Gap, Pennsylvania.
    (c) Use of National Guard Personnel.--(1) To the extent provided
for in the State drug interdiction and counter-drug activities plan of
a State in which a National Guard counterdrug school is located,
personnel of the National Guard of that State who are ordered to
perform full-time National Guard duty authorized under section 112(b)
of that title 32, United States Code, may provide training referred to
in subsection (a) at that school.
    (2) In this subsection, the term ``State drug interdiction and
counter-drug activities plan'', in the case of a State, means the
current plan submitted by the Governor of the State to the Secretary of
Defense under section 112 of title 32, United States Code.
    (d) Annual Reports on Activities.--(1) Not later than February 1,
2002, and annually thereafter, the Secretary of Defense shall submit to
Congress a report on the activities of the National Guard counterdrug
schools.
    (2) Each report under paragraph (1) shall set forth the following:
            (A) The amount made available for each National Guard
        counterdrug school during the fiscal year ending in the year
        preceding the year in which such report is submitted.
            (B) A description of the activities of each National Guard
        counterdrug school during the year preceding the year in which
        such report is submitted.
    (3) The report under paragraph (1) in 2002 shall set forth, in
addition to the matters described in paragraph (2), a description of
the activities relating to the establishment of the Midwest Counterdrug
Training Center in Johnston, Iowa.
    (e) Authorization of Appropriations.--(1) There is hereby
authorized to be appropriated for the Department of Defense for the
National Guard for fiscal year 2002, $25,000,000 for purposes of the
National Guard counterdrug schools in that fiscal year.
    (2) The amount authorized to be appropriated by paragraph (1) is in
addition to any other amount authorized to be appropriated for the
Department of Defense for the National Guard for fiscal year 2002.
    (f) Availability of Funds.--(1) Of the amount authorized to be
appropriated by subsection (e)(1)--
            (A) $4,000,000 shall be available for the National
        Interagency Civil-Military Institute, San Luis Obispo,
        California;
            (B) $8,000,000 shall be available for the Multi-
        Jurisdictional Counterdrug Task Force Training, St. Petersburg,
        Florida;
            (C) $3,000,000 shall be available for the Midwest
        Counterdrug Training Center, Johnston, Iowa;
            (D) $5,000,000 shall be available for the Regional
        Counterdrug Training Academy, Meridian, Mississippi; and
            (E) $5,000,000 shall be available for the Northeast
        Regional Counterdrug Training Center, Fort Indiantown Gap,
        Pennsylvania.
    (2) Amounts available under paragraph (1) shall remain available
until expended.
    (g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The
budget of the President that is submitted to Congress under section
1105 of title 31, United States Code, for any fiscal year after fiscal
year 2002 shall set forth as a separate budget item the amount
requested for such fiscal year for the National Guard counterdrug
schools.
    (2) It is the sense of Congress that--
            (A) the amount authorized to appropriated for the National
        Guard counterdrug schools for any fiscal year after fiscal year
        2002 should not be less than the amount authorized to be
        appropriated for those schools for fiscal year 2002 by
        subsection (e)(1), in constant fiscal year 2002 dollars; and
            (B) the amount made available to each National Guard
        counterdrug school for any fiscal year after fiscal year 2002
        should not be less than the amount made available for such
        school for fiscal year 2002 by subsection (f)(1), in constant
        fiscal year 2002 dollars, except that the amount made available
        for the Midwest Counterdrug Training School should not be less
        than $5,000,000, in constant fiscal year 2002 dollars.

Summary: Authorizes the Chief of the National Guard Bureau to establish and operate the following five schools for the provision by the National Guard of training in drug interdiction, counter-drug activities, and drug demand reduction activities to personnel of Federal agencies, State and local law enforcement agencies, and community-based organizations and other non-Federal governmental and private entities and organizations engaged in such activities: (1) the National Interagency Civil-Military Institute, San Luis Obispo, California, (2) the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida. (3) the Midwest Counterdrug Training Center to be established in Johnston, Iowa, (4) the Regional Counterdrug Training Academy, Meridian, Mississippi. And (5) the Northeast Regional Counterdrug Training Center, Fort Gap, Pennsylvania.

A bill to authorize the operation by the National Guard of counterdrug schools, and for other purposes.


SECTION 1. INCREASE IN EXPENSING UNDER SECTION 179 FOR GULF OPPORTUNITY
              ZONE PROPERTY.

    (a) In General.--Section 179 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(e) Increase in Limitation for Gulf Opportunity Zone Property.--
            ``(1) In general.--For purposes of this section--
                    ``(A) the dollar amount in effect under subsection
                (b)(1) for the taxable year shall be increased by the
                lesser of--
                            ``(i) $100,000, or
                            ``(ii) the cost of qualified section 179
                        Gulf Opportunity Zone property placed in
                        service during the taxable year, and
                    ``(B) the the dollar amount in effect under
                subsection (b)(2) for the taxable year shall be
                increased by the lesser of--
                            ``(i) $600,000, or
                            ``(ii) the cost of qualified section 179
                        Gulf Opportunity Zone property placed in
                        service during the taxable year.
            ``(2) Qualified section 179 gulf opportunity zone
        property.--For purposes of this subsection, the term `qualified
        section 179 Gulf Opportunity Zone property' means section 179
        property which is qualified Gulf Opportunity Zone property.
            ``(3) Qualified gulf opportunity zone property.-- For
        purposes of this subsection--
                    ``(A) In general.--The term `qualified Gulf
                Opportunity Zone property' means property--
                            ``(i) which is described in section
                        168(k)(2)(A)(i),
                            ``(ii) substantially all of the use of
                        which is in the Gulf Opportunity Zone and is in
                        the active conduct of a trade or business by
                        the taxpayer in such Zone,
                            ``(iii) the original use of which in the
                        Gulf Opportunity Zone commences with the
                        taxpayer on or after August 28, 2005,
                            ``(iv) which is acquired by the taxpayer by
                        purchase (as defined in subsection (d)) on or
                        after August 28, 2005, but only if no written
                        binding contract for the acquisition was in
                        effect before August 28, 2005, and
                            ``(v) which is placed in service by the
                        taxpayer on or before December 31, 2007.
                    ``(B) Exceptions.--
                            ``(i) Alternative depreciation property.--
                        Such term shall not include any property
                        described in section 168(k)(2)(D)(i).
                            ``(ii) Tax-exempt bond-financed property.--
                        Such term shall not include any property any
                        portion of which is financed with the proceeds
                        of any obligation the interest on which is
                        exempt from tax under section 103.
                            ``(iii) Election out.--If a taxpayer makes
                        an election under this clause with respect to
                        any class of property for any taxable year,
                        this subsection shall not apply to all property
                        in such class placed in service during such
                        taxable year.
            ``(4) Gulf opportunity zone; hurricane katrina disaster
        area.--For purposes of this subsection--
                    ``(A) Gulf opportunity zone.--The term `Gulf
                Opportunity Zone' means that portion of the Hurricane
                Katrina disaster area determined by the President to
                warrant individual or individual and public assistance
                from the Federal Government under the Robert T.
                Stafford Disaster Relief and Emergency Assistance Act
                by reason of Hurricane Katrina.
                    ``(B) Hurricane katrina disaster area.--The term
                `Hurricane Katrina disaster area' means an area with
                respect to which a major disaster has been declared by
                the President before September 14, 2005, under section
                401 of such Act by reason of Hurricane Katrina.
            ``(5) Coordination with empowerment zones and renewal
        communities.--For purposes of sections 1397A and 1400J,
        qualified section 179 Gulf Opportunity Zone property shall not
        be treated as qualified zone property or qualified renewal
        property, unless the taxpayer elects not to take such qualified
        section 179 Gulf Opportunity Zone property into account for
        purposes of this subsection.
            ``(6) Recapture.--For purposes of this subsection, rules
        similar to the rules under subsection (d)(10) shall apply with
        respect to any qualified section 179 Gulf Opportunity Zone
        property which ceases to be qualified section 179 Gulf
        Opportunity Zone property.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after August 28, 2005.

Summary: Amends the Internal Revenue to increase the expensing allowance for the cost of Gulf Opportunity Zone property placed in service in the Hurricane Katrina disaster area.

To amend the Internal Revenue Code of 1986 to provide increased expensing for section 179 property in the Gulf Opportunity Zone.


SECTION 1. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST
              DISADVANTAGED COMMUNITIES.

    Section 629 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5197h) is amended to read as follows:

``SEC. 629. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST
              DISADVANTAGED COMMUNITIES.

    ``(a) In General.--The Director shall establish an emergency
preparedness demonstration program to research and promote the capacity
of disadvantaged communities to carry out programs to provide data,
information, and awareness education by providing grants to or
executing contracts or cooperative agreements with eligible nonprofit
organizations to establish and conduct such programs.
    ``(b) Activities Supported.--An eligible nonprofit organization may
use a grant, contract, or cooperative agreement awarded under this
section--
            ``(1) to conduct research into the status of emergency
        preparedness and disaster response awareness in households of
        disadvantaged individuals located in urban and rural
        communities, particularly in those States and regions most
        impacted by natural and manmade disasters and emergencies; and
            ``(2) to develop and promote awareness of emergency
        preparedness education programs within disadvantaged
        communities, including development and preparation of
        culturally competent educational and awareness materials that
        can be used to disseminate information to organizations and
        institutions serving disadvantaged individuals.
    ``(c) Eligible Organizations.--An organization shall be eligible to
be awarded a grant, contract, or cooperative agreement under this
section with respect to a program if the organization is a nonprofit
organization that is described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under
section 501(a) of such Code, whose primary mission is to provide
services to disadvantaged communities, and that can demonstrate a
partnership with a disadvantaged business enterprise, including
enterprises located in a HUBZone, with respect to the program.
    ``(d) Use of Funds.--A recipient of a grant, contract, or
cooperative agreement awarded under this section may only use the
proceeds of the grant, contract, or agreement to--
            ``(1) acquire expert professional services necessary to
        conduct research in disadvantaged communities, including
        African American and Hispanic communities;
            ``(2) develop and prepare informational materials to
        promote awareness among disadvantaged communities about
        emergency preparedness and how to protect their households and
        communities in advance of disasters;
            ``(3) establish consortia with national organizations
        serving disadvantaged individuals, institutions of higher
        education serving disadvantaged individuals, and faith-based
        institutions to disseminate information about emergency
        preparedness to disadvantaged communities; and
            ``(4) implement a joint project with an institution serving
        disadvantaged individuals, including a part B institution (as
        defined in section 322(2) of the Higher Education Act of 1965
        (20 U.S.C. 1061(2))), an institution described in subparagraph
        (A), (B), or (C) of section 326(e)(1) of that Act (20 U.S.C.
        1063b(e)(1)(A), (B), or (C)), and a Hispanic-serving
        institution (as defined in section 502(a)(5) of that Act (20
        U.S.C. 1101a(a)(5))).
    ``(e) Application and Review Procedure.--To be eligible to receive
a grant, contract, or cooperative agreement under this section, an
organization must submit an application to the Director at such time,
in such manner, and accompanied by such information as the Director may
reasonably require. The Director shall establish a procedure by which
to accept such applications.
    ``(f) Definitions.--In this section, the following definitions
apply:
            ``(1) Disadvantaged business enterprise.--The term
        `disadvantaged business enterprise' means a business enterprise
        owned and controlled by disadvantaged individuals.
            ``(2) Disadvantaged community.--The term `disadvantaged
        community' means a community predominately populated by
        disadvantaged individuals.
            ``(3) Disadvantaged individual.--The term `disadvantaged
        individual' means a socially or economically disadvantaged
        individual as defined by section 8(a) of the Small Business Act
        (15 U.S.C. 637(a)).
            ``(4) HUBZone.--The term `HUBZone' has the meaning given
        such term in section 3(p) of the Small Business Act (15 U.S.C.
        632(p)).
    ``(g) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2004 through 2007. Such sums shall remain available
until expended.''.

Summary: Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to change the eligibility standard for assistance under the emergency preparedness demonstration program established by such Act from minority communities to disadvantaged communities. Defines disadvantaged communities as a communities predominantly populated by socially or economically disadvantaged individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify eligibility requirements under an emergency preparedness demonstration program to assist disadvantaged communities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pain Relief Promotion Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in the first decade of the new millennium there should
        be a new emphasis on pain management and palliative care;
            (2) the use of certain narcotics and other drugs or
        substances with a potential for abuse is strictly regulated
        under the Controlled Substances Act;
            (3) the dispensing and distribution of certain controlled
        substances by properly registered practitioners for legitimate
        medical purposes are permitted under the Controlled Substances
        Act and implementing regulations;
            (4) the dispensing or distribution of certain controlled
        substances for the purpose of relieving pain and discomfort
        even if it increases the risk of death is a legitimate medical
        purpose and is permissible under the Controlled Substances Act;
            (5) inadequate treatment of pain, especially for chronic
        diseases and conditions, irreversible diseases such as cancer,
        and end-of-life care, is a serious public health problem
        affecting hundreds of thousands of patients every year;
        physicians should not hesitate to dispense or distribute
        controlled substances when medically indicated for these
        conditions; and
            (6) for the reasons set forth in section 101 of the
        Controlled Substances Act (21 U.S.C. 801), the dispensing and
        distribution of controlled substances for any purpose affect
        interstate commerce.

         TITLE I--PROMOTING PAIN MANAGEMENT AND PALLIATIVE CARE

SEC. 101. ACTIVITIES OF AGENCY FOR HEALTH CARE RESEARCH AND QUALITY.

    Part A of title IX of the Public Health Service Act (42 U.S.C. 299
et seq.) is amended by adding at the end the following:

``SEC. 903. PROGRAM FOR PAIN MANAGEMENT AND PALLIATIVE CARE RESEARCH
              AND QUALITY.

    ``(a) In General.--Subject to subsections (e) and (f) of section
902, the Director shall carry out a program to accomplish the
following:
            ``(1) Promote and advance scientific understanding of pain
        management and palliative care.
            ``(2) Collect and disseminate protocols and evidence-based
        practices regarding pain management and palliative care, with
        priority given to pain management for terminally ill patients,
        and make such information available to public and private
        health care programs and providers, health professions schools,
        and hospices, and to the general public.
    ``(b) Definition.--In this section, the term `pain management and
palliative care' means--
            ``(1) the active, total care of patients whose disease or
        medical condition is not responsive to curative treatment or
        whose prognosis is limited due to progressive, far-advanced
        disease; and
            ``(2) the evaluation, diagnosis, treatment, and management
        of primary and secondary pain, whether acute, chronic,
        persistent, intractable, or associated with the end of life;
the purpose of which is to diagnose and alleviate pain and other
distressing signs and symptoms and to enhance the quality of life, not
to hasten or postpone death.''.

SEC. 102. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.

    (a) In General.--Part D of title VII of the Public Health Service
Act (42 U.S.C. 294 et seq.) is amended--
            (1) by redesignating sections 754 through 757 as sections
        755 through 758, respectively; and
            (2) by inserting after section 753 the following:

``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PAIN MANAGEMENT AND
              PALLIATIVE CARE.

    ``(a) In General.--The Secretary, in consultation with the Director
of the Agency for Healthcare Research and Quality, may award grants,
cooperative agreements, and contracts to health professions schools,
hospices, and other public and private entities for the development and
implementation of programs to provide education and training to health
care professionals in pain management and palliative care.
    ``(b) Priority.--In making awards under subsection (a), the
Secretary shall give priority to awards for the implementation of
programs under such subsection.
    ``(c) Certain Topics.--An award may be made under subsection (a)
only if the applicant for the award agrees that the program to be
carried out with the award will include information and education on--
            ``(1) means for diagnosing and alleviating pain and other
        distressing signs and symptoms of patients, especially
        terminally ill patients, including the medically appropriate
        use of controlled substances;
            ``(2) applicable laws on controlled substances, including
        laws permitting health care professionals to dispense or
        administer controlled substances as needed to relieve pain even
        in cases where such efforts may unintentionally increase the
        risk of death; and
            ``(3) recent findings, developments, and improvements in
        the provision of pain management and palliative care.
    ``(d) Program Sites.--Education and training under subsection (a)
may be provided at or through health professions schools, residency
training programs and other graduate programs in the health
professions, entities that provide continuing medical education,
hospices, and such other programs or sites as the Secretary determines
to be appropriate.
    ``(e) Evaluation of Programs.--The Secretary shall (directly or
through grants or contracts) provide for the evaluation of programs
implemented under subsection (a) in order to determine the effect of
such programs on knowledge and practice regarding pain management and
palliative care.
    ``(f) Peer Review Groups.--In carrying out section 799(f) with
respect to this section, the Secretary shall ensure that the membership
of each peer review group involved includes individuals with expertise
and experience in pain management and palliative care for the
population of patients whose needs are to be served by the program.
    ``(g) Definition.--In this section, the term `pain management and
palliative care' means--
            ``(1) the active, total care of patients whose disease or
        medical condition is not responsive to curative treatment or
        whose prognosis is limited due to progressive, far-advanced
        disease; and
            ``(2) the evaluation, diagnosis, treatment, and management
        of primary and secondary pain, whether acute, chronic,
        persistent, intractable, or associated with the end of life;
the purpose of which is to diagnose and alleviate pain and other
distressing signs and symptoms and to enhance the quality of life, not
to hasten or postpone death.''.
    (b) Authorization of Appropriations; Allocation.--
            (1) In general.--Section 758 of the Public Health Service
        Act (as redesignated by subsection (a)(1) of this section) is
        amended, in subsection (b)(1)(C), by striking ``sections 753,
        754, and 755'' and inserting ``sections 753, 754, 755, and
        756''.
            (2) Amount.--With respect to section 758 of the Public
        Health Service Act (as redesignated by subsection (a)(1) of
        this section), the dollar amount specified in subsection
        (b)(1)(C) of such section is deemed to be increased by
        $5,000,000.

SEC. 103. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of
enactment of this Act.

 TITLE II--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED
                             SUBSTANCES ACT

SEC. 201. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF
              CONTROLLED SUBSTANCES.

    (a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following:
    ``(i)(1) For purposes of this Act and any regulations to implement
this Act, alleviating pain or discomfort in the usual course of
professional practice is a legitimate medical purpose for the
dispensing, distributing, or administering of a controlled substance
that is consistent with public health and safety, even if the use of
such a substance may increase the risk of death. Nothing in this
section authorizes intentionally dispensing, distributing, or
administering a controlled substance for the purpose of causing death
or assisting another person in causing death.
    ``(2)(A) Notwithstanding any other provision of this Act, in
determining whether a registration is consistent with the public
interest under this Act, the Attorney General shall give no force and
effect to State law authorizing or permitting assisted suicide or
euthanasia.
    ``(B) Paragraph (2) applies only to conduct occurring after the
date of enactment of this subsection.
    ``(3) Nothing in this subsection shall be construed to alter the
roles of the Federal and State governments in regulating the practice
of medicine. Regardless of whether the Attorney General determines
pursuant to this section that the registration of a practitioner is
inconsistent with the public interest, it remains solely within the
discretion of State authorities to determine whether action should be
taken with respect to the State professional license of the
practitioner or State prescribing privileges.
    ``(4) Nothing in the Pain Relief Promotion Act of 2000 (including
the amendments made by such Act) shall be construed--
            ``(A) to modify the Federal requirements that a controlled
        substance be dispensed only for a legitimate medical purpose
        pursuant to paragraph (1); or
            ``(B) to provide the Attorney General with the authority to
        issue national standards for pain management and palliative
        care clinical practice, research, or quality;
except that the Attorney General may take such other actions as may be
necessary to enforce this Act.''.
    (b) Pain Relief.--Section 304(c) of the Controlled Substances Act
(21 U.S.C. 824(c)) is amended--
            (1) by striking ``(c) Before'' and inserting the following:
    ``(c) Procedures.--
            ``(1) Order to show cause.--Before''; and
            (2) by adding at the end the following:
            ``(2) Burden of proof.--At any proceeding under paragraph
        (1), where the order to show cause is based on the alleged
        intentions of the applicant or registrant to cause or assist in
        causing death, and the practitioner claims a defense under
        paragraph (1) of section 303(i), the Attorney General shall
        have the burden of proving, by clear and convincing evidence,
        that the practitioner's intent was to dispense, distribute, or
        administer a controlled substance for the purpose of causing
        death or assisting another person in causing death. In meeting
        such burden, it shall not be sufficient to prove that the
        applicant or registrant knew that the use of controlled
        substance may increase the risk of death.''.

SEC. 202. EDUCATION AND TRAINING PROGRAMS.

    Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a))
is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) educational and training programs for Federal, State,
        and local personnel, incorporating recommendations, subject to
        the provisions of subsections (e) and (f) of section 902 of the
        Public Health Service Act, by the Secretary of Health and Human
        Services, on the means by which investigation and enforcement
        actions by law enforcement personnel may better accommodate the
        necessary and legitimate use of controlled substances in pain
        management and palliative care.
Nothing in this subsection shall be construed to alter the roles of the
Federal and State governments in regulating the practice of
medicine.''.

SEC. 203. FUNDING AUTHORITY.

    Notwithstanding any other provision of law, the operation of the
diversion control fee account program of the Drug Enforcement
Administration shall be construed to include carrying out section
303(i) of the Controlled Substances Act (21 U.S.C. 823(i)), as added by
this Act, and subsections (a)(4) and (c)(2) of section 304 of the
Controlled Substances Act (21 U.S.C. 824), as amended by this Act.

SEC. 204. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of
enactment of this Act.

Summary: Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts for development and implementation of programs to provide education and training to health care professionals in pain management and palliative care. Defines pain management and palliative care as certain types of actions, the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death. Adds the provisions of this paragraph to the list of provisions for which the Secretary is required to make a specified amount available and increases the amount specified. Title II: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to declare that, for that Act and any implementing regulations, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if it may increase the risk of death. Prohibits the Attorney General, in determining whether a registration is consistent with the public interest, from giving any force and effect to State law authorizing or permitting assisted suicide or euthanasia, notwithstanding any other provision of the Act, and with regard to conduct after enactment of this Act. Gives the Attorney General, in an action to deny, revoke, or suspend a registration based on alleged intentions to cause or assist in causing death, the burden of proving, by clear and convincing evidence, that the intent was to cause death or assist another person in causing death. Declares that the burden is not met by proving that the applicant or registrant knew that the use of the controlled substance may increase the risk of death. Authorizes the Attorney General to carry out education and training programs for Federal, State, and local personnel on the means by which investigation and enforcement actions by law enforcement personnel may better accommodate the necessary and legitimate use of controlled substances in pain management and palliative care. Requires, notwithstanding any other provision of law, construing the operation of the diversion control fee account program of the Drug Enforcement Administration to include carrying out the provisions of this title .

Pain Relief Promotion Act of 2000


SECTION 1. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:

``SEC. 35. ENERGY CONSERVATION EXPENDITURES.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the energy conservation
expenditures made by the taxpayer during such year.
    ``(b) Maximum Credit.--The amount of the credit allowed under
subsection (a) with respect to each dwelling unit for the taxable year
shall not exceed $2,000.
    ``(c) Energy Conservation Expenditures.--For purposes of this
section--
            ``(1) In general.--The term `energy conservation
        expenditures' means expenditures made by the taxpayer for
        qualified energy property--
                    ``(A) which is certified to equal or exceed energy
                conservation standards for such property or for the
                installation of such property as prescribed by the
                Secretary, in consultation with the Secretary of
                Energy, and
                    ``(B) which is installed on or in connection with a
                dwelling unit--
                            ``(i) which is located in the United
                        States, and
                            ``(ii) which is used by the taxpayer as a
                        residence.
        Such term includes expenditures for labor costs properly
        allocable to the onsite preparation, assembly, or installation
        of the property.
            ``(2) Qualified energy property.--
                    ``(A) In general.--The term `qualified energy
                property' means--
                            ``(i) swimming pool and hot tub covers,
                            ``(ii) ceiling insulation,
                            ``(iii) weatherstripping,
                            ``(iv) water heater insulation blankets,
                            ``(v) low-flow showerheads,
                            ``(vi) caulking in ceilings,
                            ``(vii) insulation of plenums and ducts,
                            ``(viii) installation of storm windows with
                        a U-value of 0.45 or less,
                            ``(ix) thermal doors and windows,
                            ``(x) duty cyclers,
                            ``(xi) clock thermostats,
                            ``(xii) evaporative coolers,
                            ``(xiii) whole house fans,
                            ``(xiv) external shading devices,
                            ``(xv) thermal energy storage devices with
                        central control systems,
                            ``(xvi) controls and automatic switching
                        devices between natural and electric lighting,
                        or
                            ``(xvii) any other property that the
                        Secretary of Energy determines to be an
                        effective device for the conservation of
                        energy.
    ``(d) Certification.--
            ``(1) Products.--A certification with respect to a
        qualified energy property shall be made by the manufacturer of
        such property.
            ``(2) Installation.--A certification with respect to the
        installation of a qualified energy property shall be made by
        the person who sold or installed the property.
            ``(3) Form of certifications.--Certifications referred to
        in this subsection shall be in such form as the Secretary shall
        prescribe, and, except in the case of a certification by a
        representative of a local building regulatory authority, shall
        include the taxpayer identification number of the person making
        the certification.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Dollar amounts in case of joint occupancy.--In the
        case of any dwelling unit which if jointly occupied and used
        during any calendar year as a residence by 2 or more
        individuals the following shall apply:
                    ``(A) The amount of the credit allowable under
                subsection (a) by reason of expenditures (as the case
                may be) made during such calendar year by any of such
                individuals with respect to such dwelling unit shall be
                determined by treating all of such individuals as 1
                taxpayer whose taxable year is such calendar year.
                    ``(B) There shall be allowable with respect to such
                expenditures to each of such individuals, a credit
                under subsection (a) for the taxable year in which such
                calendar year ends in an amount which bears the same
                ratio to the amount determined under subparagraph (A)
                as the amount of such expenditures made by such
                individual during such calendar year bears to the
                aggregate of such expenditures made by all of such
                individuals during such calendar year.
            ``(2) Tenant-stockholder in cooperative housing
        corporation.--In the case of an individual who is a tenant-
        stockholder (as defined in section 216) in a cooperative
        housing corporation (as defined in such section), such
        individual shall be treated as having made his tenant-
        stockholder's proportionate share (as defined in section
        216(b)(3)) of any expenditures of such corporation.
            ``(3) Condominiums.--
                    ``(A) In general.--In the case of an individual who
                is a member of a condominium management association
                with respect to a condominium which he owns, such
                individual shall be treated as having made his
                proportionate share of any expenditures of such
                association.
                    ``(B) Condominium management association.--For
                purposes of this paragraph, the term `condominium
                management association' means an organization which
                meets the requirements of paragraph (1) of section
                528(c) (other than subparagraph (E) thereof) with
                respect to a condominium project substantially all of
                the units of which are used as residences.
            ``(4) Joint ownership of energy items.--
                    ``(A) In general.--Any expenditure otherwise
                qualifying as a energy conservation expenditure shall
                not be treated as failing to so qualify merely because
                such expenditure was made with respect to 2 or more
                dwelling units.
                    ``(B) Limits applied separately.--In the case of
                any expenditure described in subparagraph (A), the
                amount of the credit allowable under subsection (a)
                shall (subject to paragraph (1)) be computed separately
                with respect to the amount of the expenditure made for
                each dwelling unit.
            ``(5) Allocation in certain cases.--If less than 80 percent
        of the use of an item is for nonbusiness residential purposes,
        only that portion of the expenditures for such item which is
        properly allocable to use for nonbusiness residential purposes
        shall be taken into account.
            ``(6) When expenditure made; amount of expenditure.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), an expenditure with respect to an
                item shall be treated as made when the original
                installation of the item is completed.
                    ``(B) Expenditures part of building construction.--
                In the case of an expenditure in connection with the
                construction or reconstruction of a structure, such
                expenditure shall be treated as made when the original
                use of the constructed or reconstructed structure by
                the taxpayer begins.
                    ``(C) Amount.--The amount of any expenditure shall
                be the cost thereof.
            ``(7) Other applicable rules.--Rules similar to the rules
        of paragraphs (4) and (5) of section 48(a) shall apply for
        purposes of this section.
    ``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
    ``(g) Denial of Double Benefit.--No deduction or other credit shall
be allowed under this chapter for any expenditure for which credit is
allowed under this section.
    ``(h) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.
    ``(i) Application of Section.--This section shall apply to
expenditures with respect to property placed in service after December
31, 2000.''.
    (b) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is
        amended by striking ``or'' before ``enacted'' and by inserting
        before the period at the end ``, or from section 35 of such
        Code''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by striking the item relating to section 35 and
        inserting the following new items:

                              ``Sec. 35. Energy conservation
                                        expenditures.
                              ``Sec. 36. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2000.

SEC. 2. FINANCIAL ASSISTANCE TO RETROFIT SCHOOLS TO INCREASE ENERGY
              EFFICIENCY AND CONSERVATION.

    (a) In General.--The Secretary of Energy shall establish a program
to be known as the ``Elementary and Secondary School Energy Efficiency
and Conservation Program''.
    (b) Grants.-- In carrying out this section, the Secretary shall
provide grants to local educational agencies to retrofit elementary and
secondary schools to increase energy efficiency and conservation.
    (c) Eligibility.--To be eligible to receive a grant under this
section, a local educational agency shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
    (d) Use of Funds.--Amounts provided to a local educational agency
under a grant under this section shall be used to pay the costs of--
            (1)(A) energy-efficient heating, ventilation, and air
        conditioning; and
            (B) other equipment that would increase the energy
        efficiency of a school; and
            (2) insulation and other materials and equipment that would
        decrease the amount of energy required to operate a school.
    (e) Priority.--In awarding grants under this section, the Secretary
shall give priority to projects to retrofit elementary and secondary
schools in low-income school districts.
    (f) Cost Sharing.--
            (1) In general.--Except as provided in paragraph (2), the
        Federal share of the cost of a project funded with a grant
        under this section shall be not more than 50 percent.
            (2) Financial hardship.--In a case of financial hardship,
        the Secretary may provide a grant in an amount exceeding 50
        percent of the cost of the project.
    (g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2002 through 2006.

SEC. 3. ELECTRIC UTILITY DISCLOSURE OF PEAK HOUR AND NONPEAK HOUR
              ELECTRIC ENERGY USE BY CONSUMERS.

    Each electric utility that sells electric energy at retail shall--
            (1) disclose in each billing statement--
                    (A) the amount of electric energy used by the
                consumer during peak hours (as defined by the electric
                utility) and nonpeak hours during the billing period;
                and
                    (B) the rate charged during peak hours and nonpeak
                hours during the billing period; and
            (2) from time to time provide consumers information
        concerning ways of reducing electric energy consumption during
        peak hours.

Summary: Amends the Internal Revenue Code to allow an annual residential energy credit of up to $2,000 for qualifying conservation expenditures. Directs the Secretary of Energy to establish the Elementary and Secondary School Energy Efficiency and Conservation Program to provide grants to local educational agencies to retrofit schools for increased energy conservation. Requires electric utility company billing statements to provide peak and nonpeak hour energy use and rate information.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable personal credit for energy conservation expenditures, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Knife Owners' Protection Act of
2017''.

SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.

    (a) In General.--Notwithstanding any provision of any law or any
rule or regulation of the United States, or of a State or any political
subdivision of a State, any person who is not otherwise prohibited by
Federal law from possessing, transporting, shipping, or receiving a
knife or knives shall be entitled to transport a knife or knives from
any place where such person may lawfully possess, carry or transport
such a knife or knives to any other place where such person may
lawfully possess, carry or transport such a knife or knives if--
            (1) in the case of transportation by motor vehicle, the
        knife or knives are not directly accessible from the passenger
        compartment of such transporting vehicle, or, in the case of a
        motor vehicle without a compartment separate from the passenger
        compartment, the knife or knives shall be contained in a locked
        container, glove compartment, or console; or
            (2) in the case of transportation by other means (including
        any conveyance over land, on or through water, or through the
        air), the knife or knives are contained in a locked container.
    (b) Emergency Knives.--Any knife or tool designed for enabling
escape in an emergency incorporating a blunt tipped safety blade, a
guarded blade, or both, for cutting safety belts may be carried in the
passenger compartment and need not be secured in a locked container,
glove compartment, or console. This subsection shall not apply to the
transport of any such knife or tool in the passenger cabin of aircraft
whose passengers are subject to airport screening procedures of the
Transportation Security Administration.
    (c) No Arrest or Detention.--A person who is transporting a knife
or knives in compliance with this section may not be arrested or
otherwise detained for violation of any law or any rule or regulation
of a State or any political subdivision of a State related to the
possession, transportation, or carrying of knives, unless there is
probable cause to believe that the person is not in compliance with at
least one of the requirements of subsection (a).
    (d) Claim or Defense.--A person may assert this section as a claim
or defense in any action or proceeding, civil or criminal. When a
person asserts this section as a claim or defense in a criminal
proceeding, the State or political subdivision shall bear the burden of
proving, beyond a reasonable doubt, that the person was not in
compliance with subsection (a).
    (e) Right of Action.--Any person who, under color of any statute,
ordinance, regulation, custom, or usage, of any State or political
subdivision of a State, subjects, or causes to be subjected, any person
to the deprivation of the rights, privileges, or immunities set forth
in this section, shall be liable to the person so deprived in an action
at law, suit in equity, or other proper proceeding for redress. When a
person asserts this section as a claim or defense, the court shall
award the prevailing party (including any party who receives a
favorable resolution through a decision by a court, settlement of a
claim, withdrawal of criminal charges, or change of a statute or
regulation), other than a State or any political subdivision of a State
or its employees or representatives, a reasonable attorneys' fee.
    (f) Definition.--As used in this section, the term ``transport''
includes staying in temporary lodging overnight, common carrier
misrouting or delays, stops for food, fuel, vehicle maintenance,
emergencies, medical treatment, and all other activity related to the
person's overall journey. The term shall not include any transportation
of a knife or knives with the intent to commit any offense punishable
by imprisonment for a term exceeding one year involving the use or
threatened use of force against another, or with knowledge, or
reasonable cause to believe, that such an offense is to be committed in
the course of, or arising from, such journey. Within any form of
temporary lodging, a knife or knives may be accessible.
    (g) Rule of Construction.--Nothing in this section shall be
construed in any way to limit any right to possess, carry, or transport
a knife or knives under applicable State law.

SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES.

    (a) Repeals.--
            (1) Chapter 29 of title 15, United States Code, is
        repealed.
            (2) Subsections (g) and (i) of section 1716, title 18,
        United States Code, are repealed.
    (b) Conforming Amendments.--
            (1) The table of chapters at the beginning of title 15,
        United States Code, is amended by striking the item relating to
        chapter 29, and inserting in lieu thereof, ``[Chapter 29.
        Repealed]''.
            (2) Section 1716 of title 18, United States Code, is
        amended by redesignating--
                    (A) subsection (h) as subsection (g);
                    (B) subsection (j) as subsection (h); and
                    (C) subsection (k) as subsection (i).
    (c) Effective Date.--The repeals made by subsection (a)--
            (1) shall take effect on the date of enactment of this Act;
        and
            (2) do not apply with respect to any indictment,
        convictions, sentencing, appeals, civil or criminal fines or
        penalties obtained, forfeitures obtained, terms of imprisonment
        or any other enforcement actions or proceedings occurring or
        commenced, on or before the date of enactment of this Act.

Summary: Knife Owners' Protection Act of 2017 This bill permits an individual to transport a knife between two places where knife possession, carry, or transport is legal. A knife must be securely stored during transport, unless it is an emergency knife designed to cut seat belts. This bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to securely store the knife during transport. An individual may assert compliance with this bill as a claim or defense in any civil or criminal proceeding. This bill repeals provisions, commonly known as the Federal Switchblade Act, that prohibit the introduction of switchblade knives into interstate commerce. It also repeals the Ballistic Knife Prohibition Act of 1986, which prohibits the possession, manufacture, sale, or importation of a ballistic knife. Finally, it amends the federal criminal code to eliminate two provisions8212. One that restricts the mailability of switchblade knives, and one that restricts the mailability of ballistic knives.

Knife Owners’ Protection Act of 2017


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Center for Social Work
Research Act''.

SEC. 2 ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.

    (a) In General.--Section 401(b)(2) of the Public Health Service Act
(42 U.S.C. 281(b)(2)) is amended by adding at the end the following:
            ``(F) The National Center for Social Work Research.''.
    (b) Establishment.--Part E of title IV of the Public Health Service
Act (42 U.S.C. 287 et seq.) is amended by adding at the end the
following:

         ``Subpart 5--National Center for Social Work Research

``SEC. 485G. PURPOSE OF CENTER.

    ``The general purpose of the National Center for Social Work
Research (referred to in this subpart as the `Center') is the conduct
and support of, and dissemination of information with respect to basic,
clinical, and services social work research, training, and other
programs in patient care, including child and family care.

``SEC. 485H. SPECIFIC AUTHORITIES.

    ``(a) In General.--To carry out the purpose described in section
485G, the Director of the Center may provide research training and
instruction and establish, in the Center and in other nonprofit
institutions, research traineeships and fellowships in the study and
investigation of the prevention of disease, health promotion, and the
social work care of persons with and families of individuals with acute
and chronic illnesses, including child abuse and neglect and child and
family care.
    ``(b) Stipends and Allowances.--The Director of the Center may
provide individuals receiving training and instruction or traineeships
or fellowships under subsection (a) with such stipends and allowances
(including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary.
    ``(c) Grants.--The Director of the Center may make grants to
nonprofit institutions to provide training and instruction and
traineeships and fellowships under subsection (a).

``SEC. 485I. ADVISORY COUNCIL.

    ``(a) Duties.--
            ``(1) In general.--The Secretary shall establish an
        advisory council for the Center that shall advise, assist,
        consult with, and make recommendations to the Secretary and the
        Director of the Center on matters related to the activities
        carried out by and through the Center and the policies with
        respect to such activities.
            ``(2) Gifts.--The advisory council for the Center may
        recommend to the Secretary the acceptance, in accordance with
        section 231, of conditional gifts for study, investigations,
        and research and for the acquisition of grounds or
        construction, equipment, or maintenance of facilities for the
        Center.
            ``(3) Other duties and functions.--The advisory council for
        the Center--
                    ``(A)(i) may make recommendations to the Director
                of the Center with respect to research to be conducted
                by the Center;
                    ``(ii) may review applications for grants and
                cooperative agreements for research or training and
                recommend for approval applications for projects that
                demonstrate the probability of making valuable
                contributions to human knowledge; and
                    ``(iii) may review any grant, contract, or
                cooperative agreement proposed to be made or entered
                into by the Center;
                    ``(B) may collect, by correspondence or by personal
                investigation, information relating to studies that are
                being carried out in the United States or any other
                country as to the diseases, disorders, or other aspects
                of human health with respect to which the Center is
                concerned and, with the approval of the Director of the
                Center, make such information available through
                appropriate publications for the benefit of public and
                private health entities and health professions
                personnel and scientists and for the information of the
                general public; and
                    ``(C) may appoint subcommittees and convene
                workshops and conferences.
    ``(b) Membership.--
            ``(1) In general.--The advisory council shall be composed
        of the ex officio members described in paragraph (2) and not
        more than 18 individuals to be appointed by the Secretary under
        paragraph (3).
            ``(2) Ex officio members.--The ex officio members of the
        advisory council shall include--
                    ``(A) the Secretary, the Director of NIH, the
                Director of the Center, the Chief Social Work Officer
                of the Veterans' Administration, the Assistant
                Secretary of Defense for Health Affairs, the Associate
                Director of Prevention Research at the National
                Institute of Mental Health, and the Director of the
                Division of Epidemiology and Services Research (or the
                designees of such officers); and
                    ``(B) such additional officers or employees of the
                United States as the Secretary determines necessary for
                the advisory council to effectively carry out its
                functions.
            ``(3) Appointed members.--The Secretary shall appoint not
        to exceed 18 individuals to the advisory council, of which--
                    ``(A) not more than two-thirds of such individual
                shall be appointed from among the leading
                representatives of the health and scientific
                disciplines (including public health and the behavioral
                or social sciences) relevant to the activities of the
                Center, and at least 7 such individuals shall be
                professional social workers who are recognized experts
                in the area of clinical practice, education, or
                research; and
                    ``(B) not more than one-third of such individuals
                shall be appointed from the general public and shall
                include leaders in fields of public policy, law, health
                policy, economics, and management.
        The Secretary shall make appointments to the advisory council
        in such a manner as to ensure that the terms of the members do
        not all expire in the same year.
            ``(4) Compensation.--Members of the advisory council who
        are officers or employees of the United States shall not
        receive any compensation for service on the advisory council.
        The remaining members shall receive, for each day (including
        travel time) they are engaged in the performance of the
        functions of the advisory council, compensation at rates not to
        exceed the daily equivalent of the annual rate in effect for an
        individual at grade GS-18 of the General Schedule.
    ``(c) Terms.--
            ``(1) In general.--The term of office of an individual
        appointed to the advisory council under subsection (b)(3) shall
        be 4 years, except that any individual appointed to fill a
        vacancy on the advisory council shall serve for the remainder
        of the unexpired term. A member may serve after the expiration
        of the member's term until a successor has been appointed.
            ``(2) Reappointments.--A member of the advisory council who
        has been appointed under subsection (b)(3) for a term of 4
        years may not be reappointed to the advisory council prior to
        the expiration of the 2-year period beginning on the date on
        which the prior term expired.
            ``(3) Vacancy.--If a vacancy occurs on the advisory council
        among the members under subsection (b)(3), the Secretary shall
        make an appointment to fill that vacancy not later than 90 days
        after the date on which the vacancy occurs.
    ``(d) Chairperson.--The chairperson of the advisory council shall
be selected by the Secretary from among the members appointed under
subsection (b)(3), except that the Secretary may select the Director of
the Center to be the chairperson of the advisory council. The term of
office of the chairperson shall be 2 years.
    ``(e) Meetings.--The advisory council shall meet at the call of the
chairperson or upon the request of the Director of the Center, but not
less than 3 times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the Director of
the Center.
    ``(f) Administrative Provisions.--The Director of the Center shall
designate a member of the staff of the Center to serve as the executive
secretary of the advisory council. The Director of the Center shall
make available to the advisory council such staff, information, and
other assistance as the council may require to carry out its functions.
The Director of the Center shall provide orientation and training for
new members of the advisory council to provide such members with such
information and training as may be appropriate for their effective
participation in the functions of the advisory council.
    ``(g) Comments and Recommendations.--The advisory council may
prepare, for inclusion in the biennial report under section 485J--
            ``(1) comments with respect to the activities of the
        advisory council in the fiscal years for which the report is
        prepared;
            ``(2) comments on the progress of the Center in meeting its
        objectives; and
            ``(3) recommendations with respect to the future direction
        and program and policy emphasis of the center.
The advisory council may prepare such additional reports as it may
determine appropriate.

``SEC. 485J. BIENNIAL REPORT.

    ``The Director of the Center, after consultation with the advisory
council for the Center, shall prepare for inclusion in the biennial
report under section 403, a biennial report that shall consist of a
description of the activities of the Center and program policies of the
Director of the Center in the fiscal years for which the report is
prepared. The Director of the Center may prepare such additional
reports as the Director determines appropriate. The Director of the
Center shall provide the advisory council of the Center an opportunity
for the submission of the written comments described in section
485I(g).''.

Summary: National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research.