SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Combat Human Trafficking Act of
2015''.

SEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER MENS REA FOR SEX
              TRAFFICKING OF UNDERAGE VICTIMS.

    (a) Clarification of Range of Conduct Punished as Sex
Trafficking.--Section 1591 of title 18, United States Code, is
amended--
            (1) in subsection (a)(1), by striking ``or maintains'' and
        inserting ``maintains, patronizes, or solicits'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``or obtained''
                and inserting ``obtained, patronized, or solicited'';
                and
                    (B) in paragraph (2), by striking ``or obtained''
                and inserting ``obtained, patronized, or solicited'';
                and
            (3) by striking subsection (c) and inserting the following:
    ``(c) In a prosecution under subsection (a)(1), the Government need
not prove that the defendant knew, or recklessly disregarded the fact,
that the person recruited, enticed, harbored, transported, provided,
obtained, maintained, patronized, or solicited had not attained the age
of 18 years.''.
    (b) Definition Amended.--Section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or
obtaining'' and inserting ``obtaining, patronizing, or soliciting''.
    (c) Minimum Period of Supervised Release for Conspiracy To Commit
Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United
States Code, is amended by inserting ``1594(c),'' after ``1591,''.

SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCEMENT OF SEX
              TRAFFICKING PROHIBITIONS.

    (a) Definitions.--In this section--
            (1) the terms ``commercial sex act'', ``severe forms of
        trafficking in persons'', ``State'', and ``Task Force'' have
        the meanings given those terms in section 103 of the
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
            (2) the term ``covered offense'' means the provision,
        obtaining, patronizing, or soliciting of a commercial sex act
        involving a person subject to severe forms of trafficking in
        persons; and
            (3) the term ``State law enforcement officer'' means any
        officer, agent, or employee of a State authorized by law or by
        a State government agency to engage in or supervise the
        prevention, detection, investigation, or prosecution of any
        violation of criminal law.
    (b) Report.--The Director of the Bureau of Justice Statistics
shall--
            (1) prepare an annual report on--
                    (A) the rates of--
                            (i) arrest of individuals by State law
                        enforcement officers for a covered offense;
                            (ii) prosecution (including specific
                        charges) of individuals in State court systems
                        for a covered offense; and
                            (iii) conviction of individuals in State
                        court systems for a covered offense; and
                    (B) sentences imposed on individuals convicted in
                State court systems for a covered offense; and
            (2) submit the annual report prepared under paragraph (1)
        to--
                    (A) the Committee on the Judiciary of the House of
                Representatives;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Task Force;
                    (D) the Senior Policy Operating Group established
                under section 105(g) of the Trafficking Victims
                Protection Act of 2000 (22 U.S.C. 7103(g)); and
                    (E) the Attorney General.

SEC. 4. LAW ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES.

    (a) Definitions.--In this section--
            (1) the terms ``commercial sex act'', ``severe forms of
        trafficking in persons'', and ``State'' have the meanings given
        those terms in section 103 of the Trafficking Victims
        Protection Act of 2000 (22 U.S.C. 7102);
            (2) the term ``covered offender'' means an individual who
        obtains, patronizes, or solicits a commercial sex act involving
        a person subject to severe forms of trafficking in persons;
            (3) the term ``Federal law enforcement officer'' has the
        meaning given the term in section 115 of title 18, United
        States Code;
            (4) the term ``local law enforcement officer'' means any
        officer, agent, or employee of a unit of local government
        authorized by law or by a local government agency to engage in
        or supervise the prevention, detection, investigation, or
        prosecution of any violation of criminal law; and
            (5) the term ``State law enforcement officer'' means any
        officer, agent, or employee of a State authorized by law or by
        a State government agency to engage in or supervise the
        prevention, detection, investigation, or prosecution of any
        violation of criminal law.
    (b) Training.--
            (1) Law enforcement officers.--The Attorney General shall
        ensure that each anti-human trafficking program operated by the
        Department of Justice, including each anti-human trafficking
        training program for Federal, State, or local law enforcement
        officers, includes technical training on--
                    (A) effective methods for investigating and
                prosecuting covered offenders; and
                    (B) facilitating the provision of physical and
                mental health services by health care providers to
                persons subject to severe forms of trafficking in
                persons.
            (2)  Federal prosecutors.--The Attorney General shall
        ensure that each anti-human trafficking program operated by the
        Department of Justice for United States attorneys or other
        Federal prosecutors includes training on seeking restitution
        for offenses under chapter 77 of title 18, United States Code,
        to ensure that each United States attorney or other Federal
        prosecutor, upon obtaining a conviction for such an offense,
        requests a specific amount of restitution for each victim of
        the offense without regard to whether the victim requests
        restitution.
            (3) Judges.--The Federal Judicial Center shall provide
        training to judges relating to the application of section 1593
        of title 18, United States Code, with respect to ordering
        restitution for victims of offenses under chapter 77 of such
        title.
    (c) Policy for Federal Law Enforcement Officers.--The Attorney
General shall ensure that Federal law enforcement officers are engaged
in activities, programs, or operations involving the detection,
investigation, and prosecution of covered offenders.

SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING VIOLATIONS.

    Section 2516 of title 18, United States Code, is amended--
            (1) in paragraph (1)(c)--
                    (A) by inserting before ``section 1591'' the
                following: ``section 1581 (peonage), section 1584
                (involuntary servitude), section 1589 (forced labor),
                section 1590 (trafficking with respect to peonage,
                slavery, involuntary servitude, or forced labor),'';
                and
                    (B) by inserting before ``section 1751'' the
                following: ``section 1592 (unlawful conduct with
                respect to documents in furtherance of trafficking,
                peonage, slavery, involuntary servitude, or forced
                labor),''; and
            (2) in paragraph (2), by inserting ``human trafficking,
        child sexual exploitation, child pornography production,''
        after ``kidnapping,''.

SEC. 6. STRENGTHENING CRIME VICTIMS' RIGHTS.

    (a) Notification of Plea Agreement or Other Agreement.--Section
3771(a) of title 18, United States Code, is amended by adding at the
end the following:
            ``(9) The right to be informed in a timely manner of any
        plea agreement or deferred prosecution agreement.''.
    (b) Appellate Review of Petitions Relating to Crime Victims'
Rights.--
            (1) In general.--Section 3771(d)(3) of title 18, United
        States Code, is amended by inserting after the fifth sentence
        the following: ``In deciding such application, the court of
        appeals shall apply ordinary standards of appellate review.''.
            (2) Application.--The amendment made by paragraph (1) shall
        apply with respect to any petition for a writ of mandamus filed
        under section 3771(d)(3) of title 18, United States Code, that
        is pending on the date of enactment of this Act.

Summary: Combat Human Trafficking Act of 2015 Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims. (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18. (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy. (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor. (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement. And (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims. nbsp, nbsp, nbsp. Requires the Bureau of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims,nbsp. And (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that: (1) DOJ anti-human trafficking training programs, including programs for law enforcement officers, include technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit a commercial sex act involving a person subject to severe forms of human trafficking and on facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of human trafficking. (2) federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of such offenses. And (3) DOJ anti-human trafficking programs for US attorneys or other federal prosecutors include training on seeking restitution for peonage, slavery, and human trafficking offenses to ensure that each such attorney, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim without regard to whether the victim requests it. Requires the Federal Judicial Center to provide training to judges relating to the application of mandatory restitution provisions regarding ordering restitution for victims of such offenses.

Combat Human Trafficking Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guard and Reserve Readiness and
Retention Act of 2004''.

SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

    (a) Age and Service Requirements.--Subsection (a) of section 12731
of title 10, United States Code, is amended to read as follows:
    ``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under section 12739
of this title, if the person--
            ``(A) satisfies one of the combinations of requirements for
        minimum age and minimum number of years of service (computed
        under section 12732 of this title) that are specified in the
        table in paragraph (2);
            ``(B) performed the last six years of qualifying service
        while a member of any category named in section 12732(a)(1) of
        this title, but not while a member of a regular component, the
        Fleet Reserve, or the Fleet Marine Corps Reserve, except that
        in the case of a person who completed 20 years of service
        computed under section 12732 of this title before October 5,
        1994, the number of years of qualifying service under this
        subparagraph shall be eight; and
            ``(C) is not entitled, under any other provision of law, to
        retired pay from an armed force or retainer pay as a member of
        the Fleet Reserve or the Fleet Marine Corps Reserve.
    ``(2) The combinations of minimum age and minimum years of service
required of a person under subparagraph (A) of paragraph (1) for
entitlement to retired pay as provided in such paragraph are as
follows:

``Age, in years, is                        The minimum years of service
  at least:                                   required for that age is:
    53......................................................        34
    54......................................................        32
    55......................................................        30
    56......................................................        28
    57......................................................        26
    58......................................................        24
    59......................................................        22
    60......................................................     20.''.
    (b) 20-Year Letter.--Subsection (d) of such section is amended by
striking ``the years of service required for eligibility for retired
pay under this chapter'' in the first sentence and inserting ``20 years
of service computed under section 12732 of this title.''.
    (c) Effective Date.--This section and the amendments made by this
subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act and shall
apply with respect to retired pay payable for that month and subsequent
months.

SEC. 3. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE
              PROGRAM.

    (a) Unconditional Eligibility.--Subsection (a) of section 1076b of
title 10, United States Code, is amended by striking ``and receive
benefits'' and all that follows through ``an employer-sponsored health
benefits plan''.
    (b) Permanent Authority.--Subsection (l) of such section is
repealed.
    (c) Conforming Repeal of Obsolete Provisions.--Such section is
further amended--
            (1) by striking subsections (i) and (j); and
            (2) by redesignating subsection (k) as subsection (i).

SEC. 4. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR
              CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND
              THEIR DEPENDENTS.

    (a) Required Continuation.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1078a the following
new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
              for dependents of certain Reserves called or ordered to
              active duty
    ``(a) Payment of Premiums.--The Secretary concerned shall pay the
applicable premium to continue in force any qualified health benefits
plan coverage for the members of the family of an eligible reserve
component member for the benefits coverage continuation period
if timely elected by the member in accordance with regulations
prescribed under subsection (j).
    ``(b) Eligible Member; Family Members.--(1) A member of a reserve
component is eligible for payment of the applicable premium for
continuation of qualified health benefits plan coverage under
subsection (a) while serving on active duty pursuant to a call or order
issued under a provision of law referred to in section 101(a)(13)(B) of
this title during a war or national emergency declared by the President
or Congress.
    ``(2) For the purposes of this section, the members of the family
of an eligible reserve component member include only the member's
dependents described in subparagraphs (A), (D), and (I) of section
1072(2) of this title.
    ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of
this section, health benefits plan coverage for the members of the
family of a reserve component member called or ordered to active duty
is qualified health benefits plan coverage if--
            ``(1) the coverage was in force on the date on which the
        Secretary notified the reserve component member that issuance
        of the call or order was pending or, if no such notification
        was provided, the date of the call or order;
            ``(2) on such date, the coverage applied to the reserve
        component member and members of the family of the reserve
        component member; and
            ``(3) the coverage has not lapsed.
    ``(d) Applicable Premium.--The applicable premium payable under
this section for continuation of health benefits plan coverage for the
family members of a reserve component member is the amount of the
premium payable by the member for the coverage of the family members.
    ``(e) Maximum Amount.--The total amount that the Department of
Defense may pay for the applicable premium of a health benefits plan
for the family members of a reserve component member under this section
in a fiscal year may not exceed the amount determined by multiplying--
            ``(1) the sum of one plus the number of the family members
        covered by the health benefits plan, by
            ``(2) the per capita cost of providing TRICARE coverage and
        benefits for dependents under this chapter for such fiscal
        year, as determined by the Secretary of Defense.
    ``(f) Benefits Coverage Continuation Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage for the family members of an eligible reserve component
member called or ordered to active duty is the period that--
            ``(1) begins on the date of the call or order; and
            ``(2) ends on the earlier of--
                    ``(A) the date on which the reserve component
                member's eligibility for transitional health care under
                section 1145(a) of this title terminates under
                paragraph (3) of such section;
                    ``(B) the date on which the reserve component
                member elects to terminate the continued qualified
                health benefits plan coverage of the member's family
                members; or
                    ``(C) December 31, 2005.
    ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
            ``(1) any period of coverage under a COBRA continuation
        provision (as defined in section 9832(d)(1) of the Internal
        Revenue Code of 1986) for an eligible reserve component member
        under this section shall be deemed to be equal to the benefits
        coverage continuation period for such member under this
        section; and
            ``(2) with respect to the election of any period of
        coverage under a COBRA continuation provision (as so defined),
        rules similar to the rules under section 4980B(f)(5)(C) of such
        Code shall apply.
    ``(h) Nonduplication of Benefits.--A member of the family of a
reserve component member who is eligible for benefits under qualified
health benefits plan coverage paid on behalf of the reserve component
member by the Secretary concerned under this section is not eligible
for benefits under the TRICARE program during a period of the coverage
for which so paid.
    ``(i) Revocability of Election.--A reserve component member who
makes an election under subsection (a) may revoke the election. Upon
such a revocation, the member's family members shall become eligible
for benefits under the TRICARE program as provided for under this
chapter.
    ``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1078a the
following new item:

``1078b. Continuation of non-TRICARE health benefits plan coverage for
                            dependents of certain Reserves called or
                            ordered to active duty.''.
    (b) Applicability.--Section 1078b of title 10, United States Code
(as added by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces to active
duty as described in subsection (b) of such section, that are issued by
the Secretary of a military department before, on, or after the date of
the enactment of this Act, but only with respect to qualified health
benefits plan coverage (as described in subsection (c) of such section)
that is in effect on or after the date of the enactment of this Act.

Summary: Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20, (2) 59 and 22, (3) 58 and 24, (4) 57 and 26, (5) 56 and 28, (6) 55 and 30, (7) 54 and 32. And (8) 53 and 34. Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE only if such members: (1) are eligible unemployment compensation recipients. Or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent . Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.

A bill to amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service; to expand certain authorities to provide health care benefits for Reserves and their families, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Commissions Act of 2004''.

SEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES UNDER LAW OF WAR OR IN
              FURTHERANCE OF TERRORISM.

    (a) In General.--Subchapter XI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 935 (article 135) the following new section:
``Sec. 935a. Art. 135a. Military commissions for offenses against the
              law of war or in furtherance of terrorism
    ``(a) A military commission covered by this section may be
appointed only by the President or a person designated by the President
for such purpose.
    ``(b) A military commission appointed under subsection (a) may try
any person, not a citizen of the United States, for one or more
offenses against the law of war or in furtherance of terrorism.
    ``(c) A military commission shall consist of not less than three
members and not more than seven members. However, in a case in which
the accused may be sentenced to a penalty of death, the commission
shall consist of seven members. The commission may also include not
more than two alternate members. Each member and alternate member shall
be a commissioned officer of the armed forces.
    ``(d) A military commission shall have a presiding officer, who
shall be appointed from among the members. The presiding officer shall
be a judge advocate and shall preside over the proceedings of the
commission to ensure a full, fair, and expeditious trial. The presiding
officer shall rule upon all questions of law and all interlocutory
questions arising during the proceedings. A majority of the members may
overrule the presiding officer on any ruling that excludes evidence on
the merits.
    ``(e) Trial and defense counsel shall be detailed for a military
commission on the same basis as such counsel are detailed for a general
court-martial under section 827 (article 27).
    ``(f) Members of a military commission shall deliberate and vote in
closed conference. Voting on the findings and on the sentence shall be
by secret written ballot.
    ``(g) A military commission covered by this section may not find a
person guilty of an offense, and may not determine a sentence, except
by the concurrence of two-thirds of the members present at the time the
vote is taken. The commission may not sentence a person to suffer death
except by the concurrence of all the members as to the findings and as
to the sentence.
    ``(h) A military commission may, under such limitations as the
President may prescribe, adjudge any punishment permitted by the law of
war, including death, imprisonment for life or for any lesser term,
payment of a fine or restitution, or such other lawful punishment or
punishments as the commission shall determine to be proper. The
sentence of death may be adjudged only if the accused has been found
guilty of spying or an offense causing the death of one or more
persons. A commission may not sentence any person to suffer death for
an offense committed before the person attained the age of eighteen
years. A sentence of death may not be executed until approved by the
President.
    ``(i) Pursuant to section 936 (Article 36) of the chapter, the
President may prescribe rules of evidence and procedure for trial by a
military commission. The accused in a military commission shall be
given the following minimum rights and protections:
            ``(1) The accused shall have the right to a fair trial,
        without adverse distinction based upon race, color, gender,
        language, religion, birth, wealth, or any similar criteria.
            ``(2) The accused shall be presumed innocent until proven
        guilty. The burden of proof shall be upon the prosecution to
        prove each element of an offense beyond a reasonable doubt.
            ``(3) The accused shall be informed of the charges against
        him in a language he understands as soon as practicable prior
        to trial.
            ``(4) The accused shall have the right to a public trial,
        unless the appointing authority determines that a closed trial,
        or any portion thereof, is necessary to the national security
        of the United States.
            ``(5) The accused may not be compelled to testify or
        present evidence against himself.
            ``(6) No adverse inference will be drawn against him by
        reason of a decision not to testify on his own behalf.
            ``(7) Evidence obtained through the use of torture (as
        defined in section 2340 of title 18), will not be admitted in
        evidence at trial by a military commission.
            ``(8) The accused shall be entitled to assistance of
        counsel at all stages of proceedings and shall have adequate
        time and facilities available for the preparation of his
        defense. The accused shall have the right to represent himself
        in trail by military commission, subject to the discretion of
        the presiding officer.
            ``(9) The accused shall have the right to present evidence
        and to cross-examine each witness.
            ``(10) The accused shall have equal opportunity to obtain
        witnesses and other evidence in accordance with such
        regulations as the President may prescribe.
            ``(11) The accused shall have access to all evidence that
        trial counsel intends to offer at trial and all evidence known
        to trial counsel or to the commission that tends to exculpate
        him.
            ``(12) The accused shall have the right to be present at
        each stage of the proceedings, unless he engages in conduct
        that the presiding officer determines to be disruptive.
            ``(13) The accused shall not be tried a second time for the
        same offense.
    ``(j) A person found guilty by military commission shall have a
right to review of that finding and any adjudged sentence in accordance
with this section.
    ``(k)(1) After trial, the presiding officer shall promptly
authenticate a verbatim transcript and record of trial.
    ``(2) The appointing authority shall, within a reasonable period of
time, carry out an administrative review of the transcript and record
of trial and take such administrative actions as the authority
considers appropriate, which may include directing the commission to
conduct any necessary supplemental proceedings.
    ``(3) The Secretary of Defense shall review the record of trial
and, within a reasonable period of time, take one or more of the
following actions of the case:
            ``(A) Approve, disapprove, commute, mitigate, or suspend
        the sentence in whole or in part.
            ``(B) Approve or disapprove a finding of guilty, or change
        a finding of guilty to a charge or specification to a finding
        of guilty to a lesser included offense of the offense stated in
        the charge.
    ``(4)(A) Following action by the Secretary of Defense, the Court of
Appeals for the Armed Forces shall review the record of a military
commission--
            ``(i) in any case in which the sentence extends to death or
        to confinement in excess of five years; and
            ``(ii) in any other case that the President may prescribe.
    ``(B) In any case reviewed by it under this subsection, the Court
of Appeals for the Armed Forces may act only with respect to the
findings and sentence as in effect after review by the convening
authority and the Secretary of Defense under subsection (k)(3).
    ``(C) The Court of Appeals for the Armed Forces shall take action
only with respect to matters of law and shall take such action as is
permitted under section 867 (Article 67) of this chapter.
    ``(5) The Supreme Court of the United States shall have
jurisdiction to review, by writ of certiorari, an action of the Court
of Appeals for the Armed Forces under this subsection.
    ``(l) The Secretary of Defense shall submit to Congress each order,
rule, and regulation prescribed under this section. Such order, rule,
or regulation may not take effect until 30 days after it is so
submitted.
    ``(m) Not later than March 15 of each year, the Secretary of
Defense shall submit to Congress a report on the use of military
commissions covered by this section during the preceding calendar year.
The report shall set forth a summary of each case covered by this
section during such year, together with the disposition and current
status of that case. The report shall also set forth a detailed
description of the activities of the Department with respect to
military commissions, a copy of all current rules and regulations
relating to the use of military commissions, and an accounting of all
funds expended on matters relating to the use of military
commissions.''.
    (b) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:

``935a. Art. 135a. Military commissions for offenses against the law of
                            war or in furtherance of terrorism.''.

Summary: Military Commissions Act of 2004 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members. States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial. Requires members of a military commission to deliberate and vote in closed conference. Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. And (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections. Outlines procedures for, and courts of, appeal.

To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to provide standards for the use of military commissions for the trial of offenses under the law of war or in furtherance of international terrorism.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care COBRA OffSet Tax Savings
Act of 2005'' or the ``Health Care COSTS Act of 2005'' .

SEC. 2. REFUNDABLE CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION
              COVERAGE FOR CERTAIN INDIVIDUALS.

    (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 inserting after section 35 the following new section:

``SEC. 35A. CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION COVERAGE FOR
              CERTAIN INDIVIDUALS.

    ``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle an amount equal to 50 percent of the amount of the premium
which would (but for this section) be required to be paid by such
individual during the taxable year for COBRA continuation coverage
under a group health plan.
    ``(b) Eligible Individual.--For purposes of this section--
            ``(1) In general.--The term `eligible individual' means any
        individual--
                    ``(A) who receives COBRA continuation coverage
                under a group health plan by reason of a qualifying
                event described in section 4980B(f)(3), and
                    ``(B) the modified adjusted gross income (as
                defined in section 221(b)(2)(C)) of whom for the
                taxable year does not exceed the applicable amount.
            ``(2) Applicable amount.--For purposes of paragraph (1),
        the applicable amount is $30,000 increased by $10,000--
                    ``(A) for the spouse of the taxpayer, and
                    ``(B) for each individual who is a dependent (as
                defined in section 152) of the taxpayer.
    ``(c) Assignment of Credit to Plan Administrator.--The Secretary
shall prescribe regulations which permit eligible individuals to assign
the credit under this section to the administrator of the plan under
which COBRA continuation coverage is being provided. The credit so
assigned by an individual shall be treated by the administrator as a
premium payment by such individual.
    ``(d) Other Definitions.--For purposes of this section--
            ``(1) Administrator.--The term `administrator' has the
        meaning given such term in section 3(16) of the Employee
        Retirement Income Security Act of 1974.
            ``(2) COBRA continuation coverage.--The term `COBRA
        continuation coverage' means the first 18 months of
        continuation coverage provided pursuant to--
                    ``(A) section 4980B (other than subsection (f)(1)
                of such section insofar as it relates to pediatric
                vaccines),
                    ``(B) title XXII of the Public Health Service Act,
                    ``(C) part 6 of subtitle B of title I of the
                Employee Retirement Income Security Act of 1974 (other
                than under section 609),
                    ``(D) section 8905a of title 5, United States Code,
                or
                    ``(E) a State program that provides continuation
                coverage comparable to such continuation coverage.
            ``(3) Group health plan.--The term `group health plan' has
        the meaning given such term in section 9832(a).''.
    (b) Clerical Amendment.--The table of sections for such subpart C
is amended by inserting after the item relating to section 35 the
following new item:

``Sec. 35A. Credit to subsidize cost of COBRA continuation coverage for
                            certain individuals.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 3. CHANGE IN COBRA NOTICE.

    (a) Notices.--
            (1) General notices.--In the case of notices provided under
        sections 606 of the Employee Retirement Income Security Act of
        1974, section 2206 of the Public Health Service Act, and
        section 4980B(f)(6) of the Internal Revenue Code of 1986 with
        respect to individuals who become entitled to elect COBRA
        continuation coverage after the date of the enactment of this
        Act, such notices shall include an additional notification to
        the recipient of the availability of the subsidy provided under
        section 35A of the Internal Revenue Code of 1986.
            (2) Alternative notice.--In the case of COBRA continuation
        coverage to which the notice provisions described in paragraph
        (1) do not apply, the Secretary of Labor shall, in coordination
        with administrators of the group health plans (or other
        entities) who provide or administer the COBRA continuation
        coverage involved, assure provision of such notice.
            (3) Form.--The requirement of the additional notification
        under this subsection may be met by amendment of existing
        notice forms or by inclusion of a separate document with the
        notice otherwise required.
    (b) Specific Requirements.--Each additional notification under
subsection (a) shall include--
            (1) a description of the eligibility requirements for
        premium assistance under section 35A of the Internal Revenue
        Code of 1986,
            (2) the name, address, and telephone number necessary to
        contact the plan administrator and any other person maintaining
        relevant information in connection with the premium assistance,
        and
            (3) the following statement displayed in a prominent
        manner: ``You may be eligible to receive assistance with
        payment of 50 percent of your COBRA continuation coverage
        premiums for a duration of not to exceed 18 months.''.
    (c) Model Notices.--The Secretary of Labor shall prescribe models
for the additional notification required under this section.

Summary: Health Care COBRA OffSet Tax Savings Act of 2005 or the Health Care COSTS Act of 2005 - Amends the Internal Revenue Code to allow certain individual taxpayers a refundable tax credit for 50 of the premium for COBRA continuation coverage under a group health plan. Requires notice of the availability of this tax credit to individuals entitled to COBRA continuation coverage.

To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax to subsidize the cost of COBRA continuation coverage for certain individuals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom of Choice Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States was founded on the principles of
        individual liberty, personal privacy, and equality. Such
        principles ensure that each individual is free to make the most
        intimate decisions free from governmental interference and
        discrimination.
            (2) A woman's decision to commence, prevent, continue, or
        terminate a pregnancy is one of the most intimate decisions an
        individual ever faces. As such, reproductive health decisions
        are best made by the woman, in consultation with her medical
        provider or loved ones, without governmental interference.
            (3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and
        in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410
        U.S. 179), the Supreme Court recognized the right to privacy
        protected by the Constitution and that such right encompassed
        the right of every woman to weigh the personal, moral, and
        religious considerations involved in deciding whether to
        commence, prevent, continue, or terminate a pregnancy.
            (4) The Roe v. Wade decision carefully balanced the rights
        of women to make important reproductive decisions with the
        state's interest in potential life. Under Roe v. Wade and Doe
        v. Bolton, a woman's right to choose to terminate her pregnancy
        is absolute only prior to fetal viability, with the state
        permitted to ban abortion after fetal viability except when
        necessary to protect the life or health of a woman.
            (5) These decisions have protected the health and lives of
        women in the United States. Prior to the Roe v. Wade decision,
        an estimated 1,200,000 women each year were forced to resort to
        illegal abortions, despite the known hazards that included
        unsanitary conditions, incompetent treatment, infection,
        hemorrhage, disfiguration, and death.
            (6) According to one estimate, prior to 1973, as many as
        5,000 women died each year in the United States as a result of
        having an illegal abortion.
            (7) In countries where abortion remains illegal, the risk
        of complications and maternal mortality is high. According to
        the World Health Organization, of the approximately 600,000
        pregnancy-related deaths occurring annually around the world,
        80,000 are associated with unsafe abortions.
            (8) The Roe v. Wade decision expanded the opportunities for
        women to participate equally in society. In 1992, in Planned
        Parenthood v. Casey (505 U.S. 833), the Supreme Court observed
        that, ``[t]he ability of women to participate equally in the
        economic and social life of the Nation has been facilitated by
        their ability to control their reproductive lives.''.
            (9) Even though the Roe v. Wade decision guaranteed a
        constitutional right to choose whether to terminate or continue
        a pregnancy, threats to that right remain, including possible
        reversal or further erosion by the Supreme Court of the right,
        and legislative and administrative policies at all levels of
        government that make abortion more difficult and dangerous to
        obtain.
            (10) 87 percent of the counties in the United States have
        no abortion provider.
            (11) Legal barriers to the full range of reproductive
        services endanger the health and lives of women.
            (12) Women should have meaningful access to reproductive
        health services to prevent unintended pregnancies, thereby
        reducing the need for abortions.
            (13) To ensure that a woman's right to choose whether to
        terminate a pregnancy is available to all women in the United
        States, Federal protection for that right is necessary.
            (14) Although Congress may not create constitutional rights
        without amending the Constitution, Congress may, where
        authorized by its enumerated powers and not prohibited by the
        Constitution, enact legislation to create and secure statutory
        rights in areas of legitimate national concern.
            (15) Congress has the affirmative power under section 8 of
        article I of the Constitution and section 5 of the 14th
        amendment to the Constitution to enact legislation to
        facilitate interstate commerce and to prevent State
        interference with interstate commerce, liberty, or equal
        protection of the laws.
            (16) Federal protection of a woman's right to choose to
        prevent or terminate a pregnancy falls within this affirmative
        power of Congress, in part, because--
                    (A) many women cross State lines to obtain
                abortions and many more would be forced to do so absent
                a constitutional right or Federal protection;
                    (B) reproductive health clinics are commercial
                actors that regularly purchase medicine, medical
                equipment, and other necessary supplies from out-of-
                State suppliers; and
                    (C) reproductive health clinics employ doctors,
                nurses, and other personnel who travel across State
                lines in order to provide reproductive health services
                to patients.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Government.--The term ``government'' includes a branch,
        department, agency, instrumentality, or official (or other
        individual acting under color of law) of the United States, a
        State, or a subdivision of a State.
            (2) State.--The term ``State'' means each of the 50 States,
        the District of Columbia, the Commonwealth of Puerto Rico, and
        each territory or possession of the United States.
            (3) Viability.--The term ``viability'' means that stage of
        pregnancy when, in the best medical judgment of the attending
        physician based on the particular medical facts of the case
        before the physician, there is a reasonable likelihood of the
        sustained survival of the fetus outside of the woman.

SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.

    (a) Statement of Policy.--It is the policy of the United States
that every woman has the fundamental right to choose to bear a child,
to terminate a pregnancy prior to fetal viability, or to terminate a
pregnancy after fetal viability when necessary to protect the life or
health of the woman.
    (b) Prohibition of Interference.--A government may not--
            (1) deny or interfere with a woman's right to choose--
                    (A) to bear a child;
                    (B) to terminate a pregnancy prior to viability; or
                    (C) to terminate a pregnancy after viability where
                termination is necessary to protect the life or health
                of the woman; or
            (2) discriminate against the exercise of the rights set
        forth in paragraph (1) in the regulation or provision of
        benefits, facilities, services, or information.
    (c) Civil Action.--An individual aggrieved by a violation of this
section may obtain appropriate relief (including relief against a
government) in a civil action.

SEC. 5. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, or the application of such provision to persons
or circumstances other than those as to which the provision is held to
be unconstitutional, shall not be affected thereby.

SEC. 6. RETROACTIVE EFFECT.

    This Act applies to every Federal, State, and local statute,
ordinance, regulation, administrative order, decision, policy,
practice, or other action enacted, adopted, or implemented before, on,
or after the date of enactment of this Act.

Summary: Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child, (2) terminate a pregnancy prior to fetal viability. Or (3) terminate it after fetal viability when necessary to protect her life or her health. Prohibits a governmental entity from : (1) denying or interfering with a woman's right to exercise such choices. Or (2) discriminating against the exercise of those rights in its regulation or provision of benefits, facilities, services, or information. Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity in a civil action. States that this Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.

To prohibit, consistent with Roe v. Wade, the interference by the government with a woman's right to choose to bear a child or terminate a pregnancy, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Cargo Security Act''.

SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Section 44901(f) of title 49, United States Code, is amended to
read as follows:
    ``(f) Cargo.--
            ``(1) In general.--The Under Secretary of Transportation
        for Security shall establish systems to screen, inspect, or
        otherwise ensure the security of all cargo that is to be
        transported in--
                    ``(A) passenger aircraft operated by an air carrier
                or foreign air carrier in air transportation or
                intrastate air transportation; or
                    ``(B) all-cargo aircraft in air transportation and
                intrastate air transportation.
            ``(2) Strategic plan.--The Under Secretary shall develop a
        strategic plan to carry out paragraph (1).''.

SEC. 3. AIR CARGO SHIPPING.

    (a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44922. Regular inspections of air cargo shipping facilities
    ``The Under Secretary of Transportation for Security shall
establish a system for the regular inspection of shipping facilities
for shipments of cargo transported in air transportation or intrastate
air transportation to ensure that appropriate security controls,
systems, and protocols are observed, and shall enter into arrangements
with the civil aviation authorities, or other appropriate officials, of
foreign countries to ensure that inspections are conducted on a regular
basis at shipping facilities for cargo transported in air
transportation to the United States.''.
    (b) Additional Inspectors.--The Under Secretary for Transportation
Security may increase the number of inspectors as necessary to
implement the requirements of title 49, United States Code, as amended
by this subtitle.
    (c) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by adding at the end the
following:

``44922. Regular inspections of air cargo shipping facilities.''.

SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    (a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec.  44923. Air cargo security
    ``(a) Database.--The Under Secretary of Transportation for Security
shall establish an industry-wide pilot program database of known
shippers of cargo that is to be transported in passenger aircraft
operated by an air carrier or foreign air carrier in air transportation
or intrastate air transportation. The Under Secretary shall use the
results of the pilot program to improve the known shipper program.
    ``(b) Indirect Air Carriers.--
            ``(1) Random inspections.--The Under Secretary shall
        conduct random audits, investigations, and inspections of
        indirect air carrier facilities to determine if the indirect
        air carriers are meeting the security requirements of this
        title.
            ``(2) Ensuring compliance.--The Under Secretary may take
        such actions as may be appropriate to promote and ensure
        compliance with the security standards established under this
        title.
            ``(3) Notice of failures.--The Under Secretary shall notify
        the Secretary of Transportation of any indirect air carrier
        that fails to meet security standards established under this
        title.
            ``(4) Suspension or revocation of certificate.--The
        Secretary, as appropriate, shall suspend or revoke any
        certificate or authority issued under chapter 411 to an
        indirect air carrier immediately upon the recommendation of the
        Under Secretary. Any indirect air carrier whose certificate is
        suspended or revoked under this subparagraph may appeal the
        suspension or revocation in accordance with procedures
established under this title for the appeal of suspensions and
revocations.
            ``(5) Indirect air carrier.--In this subsection, the term
        `indirect air carrier' has the meaning given that term in part
        1548 of title 49, Code of Federal Regulations.
    ``(c) Consideration of Community Needs.--In implementing air cargo
security requirements under this title, the Under Secretary may take
into consideration the extraordinary air transportation needs of small
or isolated communities and unique operational characteristics of
carriers that serve those communities.''.
    (b) Assessment of Indirect Air Carrier Program.--The Under
Secretary of Transportation for Security shall assess the security
aspects of the indirect air carrier program under part 1548 of title
49, Code of Federal Regulations, and report the result of the
assessment, together with any recommendations for necessary
modifications of the program to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives within 45 days after the
date of enactment of this Act. The Under Secretary may submit the
report and recommendations in classified form.
    (c) Report to Congress on Random Audits.--The Under Secretary shall
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be submitted
in classified form.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out this section.
    (e) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is further amended by adding at the end
the following:

``44923. Air cargo security.''.

SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS.

    The Under Secretary of Transportation for Security shall establish
a training program for any persons that handle air cargo to ensure that
the cargo is properly handled and safeguarded from security breaches.

SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

    (a) In General.--The Under Secretary of Transportation for Security
shall establish a program requiring that air carriers operating all-
cargo aircraft have an approved plan for the security of their air
operations area, the cargo placed aboard such aircraft, and persons
having access to their aircraft on the ground or in flight.
    (b) Plan Requirements.--The plan shall include provisions for--
            (1) security of each carrier's air operations areas and
        cargo acceptance areas at the airports served;
            (2) background security checks for all employees with
        access to the air operations area;
            (3) appropriate training for all employees and contractors
        with security responsibilities;
            (4) appropriate screening of all flight crews and persons
        transported aboard all-cargo aircraft;
            (5) security procedures for cargo placed on all-cargo
        aircraft as provided in section 44901(f)(1)(B) of title 49,
        United States Code; and
            (6) additional measures deemed necessary and appropriate by
        the Under Secretary.
    (c) Confidential Industry Review and Comment.--
            (1) Circulation of proposed program.--The Under Secretary
        shall--
                    (A) propose a program under subsection (a) within
                90 days after the date of enactment of this Act; and
                    (B) distribute the proposed program, on a
                confidential basis, to those air carriers and other
                employers to which the program will apply.
            (2) Comment period.--Any person to which the proposed
        program is distributed under paragraph (1) may provide comments
        on the proposed program to the Under Secretary not more than 60
        days after the date on which the proposed program is so
        distributed.
            (3) Final program.--The Under Secretary shall issue a final
        program under subsection (a) not later than 45 days after the
        last date on which comments may be provided under paragraph
        (2). The final program shall contain time frames for the plans
        to be implemented by each air carrier or employer to which it
        applies.
            (4) Suspension of procedural norms.--Neither chapter 5 of
        title 5, United States Code, nor the Federal Advisory Committee
        Act (5 U.S.C. App.) shall apply to the program required by this
        section.

Summary: Air Cargo Security Act - Amends Federal aviation law to require the screening of cargo that is to be transported in passenger aircraft operated by domestic and foreign air carriers in interstate and intrastate air transportation . Directs the Under Secretary of Transportation for Security under the Transportation Security Administration to develop a strategic plan to carry out such screening. Sets forth certain measures to increase the safety and security of air cargo, including the establishment of systems that: (1) provide for the regular inspection of shipping facilities for cargo shipments. (2) provide an industry-wide pilot program database of known cargo shippers. (3) train persons that handle air cargo to ensure that such cargo is properly handled and safe-guarded from security breaches. And (4) require air carriers operating all-cargo aircraft to have an approved plan for the security of their air operations area, the cargo placed aboard the aircraft, and persons having access to their aircraft on the ground or in flight. Directs the Under Secretary to conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this Act.

To improve air cargo security.


SECTION 1. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS MAY BE USED
              WITHOUT PENALTY TO PURCHASE FIRST HOMES OR TO PAY HIGHER
              EDUCATION EXPENSES.

    (a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to exceptions to 10-percent additional
tax on early distributions from qualified retirement plans) is amended
by adding at the end thereof the following new subparagraph:
                    ``(D) Distributions from individual retirement
                plans for first home purchases or educational
                expenses.--Distributions to an individual from an
                individual retirement plan--
                            ``(i) which are qualified first-time
                        homebuyer distributions (as defined in
                        paragraph (6)); or
                            ``(ii) to the extent such distributions do
                        not exceed the qualified higher education
                        expenses (as defined in paragraph (7)) of the
                        taxpayer for the taxable year.''
    (b) Definitions.--Section 72(t) of such Code is amended by adding
at the end thereof the following new paragraphs:
            ``(6) Qualified first-time homebuyer distributions.--For
        purposes of paragraph (2)(D)(i)--
                    ``(A) In general.--The term `qualified first-time
                homebuyer distribution' means any payment or
                distribution received by an individual to the extent
                such payment or distribution is used by the individual
                before the close of the 60th day after the day on which
                such payment or distribution is received to pay
                qualified acquisition costs with respect to a principal
                residence of a first-time homebuyer who is such
                individual or the spouse, child, or grandchild of such
                individual.
                    ``(B) Qualified acquisition costs.--For purposes of
                this paragraph, the term `qualified acquisition costs'
                means the costs of acquiring, constructing, or
                reconstructing a residence. Such term includes any
                usual or reasonable settlement, financing, or other
                closing costs.
                    ``(C) First-time homebuyer; other definitions.--For
                purposes of this paragraph--
                            ``(i) First-time homebuyer.--The term
                        `first-time homebuyer' means any individual
                        if--
                                    ``(I) such individual (and if
                                married, such individual's spouse) had
                                no present ownership interest in a
                                principal residence during the 3-year
                                period ending on the date of
                                acquisition of the principal residence
                                to which this paragraph applies, and
                                    ``(II) subsection (a)(6), (h), or
                                (k) of section 1034 did not suspend the
                                running of any period of time specified
                                in section 1034 with respect to such
                                individual on the day before the date
                                the distribution is applied pursuant to
                                subparagraph (A)(ii).
                            ``(ii) Principal residence.--The term
                        `principal residence' has the same meaning as
                        when used in section 1034.
                            ``(iii) Date of acquisition.--The term
                        `date of acquisition' means the date--
                                    ``(I) on which a binding contract
                                to acquire the principal residence to
                                which subparagraph (A) applies is
                                entered into, or
                                    ``(II) on which construction or
                                reconstruction of such a principal
                                residence is commenced.
                    ``(D) Special rule where delay in acquisition.--If
                any distribution from any individual retirement plan
                fails to meet the requirements of subparagraph (A)
                solely by reason of a delay or cancellation of the
                purchase or construction of the residence, the amount
                of the distribution may be contributed to an individual
                retirement plan as provided in section 408(d)(3)(A)(i)
                (determined by substituting `120 days' for `60 days' in
                such section), except that--
                            ``(i) section 408(d)(3)(B) shall not be
                        applied to such contribution, and
                            ``(ii) such amount shall not be taken into
                        account in determining whether section
                        408(d)(3)(A)(i) applies to any other amount.
            ``(7) Qualified higher education expenses.--For purposes of
        paragraph (2)(D)(ii)--
                    ``(A) In general.--The term `qualified higher
                education expenses' means tuition, fees, books,
                supplies, and equipment required for the enrollment or
                attendance of--
                            ``(i) the taxpayer,
                            ``(ii) the taxpayer's spouse, or
                            ``(iii) the taxpayer's child (as defined in
                        section 151(c)(3)) or grandchild,
                at an eligible educational institution (as defined in
                section 135(c)(3)).
                    ``(B) Coordination with savings bond provisions.--
                The amount of qualified higher education expenses for
                any taxable year shall be reduced by any amount
                excludable from gross income under section 135.''
    (c) Effective Date.--The amendments made by this section shall
apply to distributions received after the date of the enactment of this
Act.

Summary: Amends the Internal Revenue Code to allow penalty-free distributions from eligible individual retirement plans for qualified first-time home purchases or qualified higher education expenses.

To amend the Internal Revenue Code of 1986 to permit penalty-free withdrawals from individual retirement accounts to purchase first homes or pay higher education expenses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet of Things Consumer Tips to
Improve Personal Security Act of 2017''or the ``IOT Consumer TIPS Act
of 2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The term ``Internet of Things'' refers to devices,
        applications, and physical objects that are Internet-enabled,
        networked, or connected.
            (2) The devices that are part of the Internet of Things are
        equipped with sensors or developed with automated
        functionalities that allow them to collect, send, or receive
        data, and perform according to consumer preferences that
        enhance productivity, efficiency, and convenience.
            (3) The rapid adoption of the Internet of Things among
        consumers and businesses is driven by the wide range of
        economic and societal benefits that are generated by such
        devices across almost every industry and sector.
            (4) Consumer trust in the security of the Internet of
        Things is paramount to the leadership and competitiveness of
        the United States in the global digital economy.
            (5) It is the policy of the United States to encourage
        innovation in the development and use of the Internet of Things
        and empower consumers to be responsible digital citizens and
        manage the security of their devices in collaboration with
        manufacturers, sellers, and service providers.

SEC. 3. FEDERAL EDUCATIONAL CYBERSECURITY RESOURCES FOR CONSUMERS
              REGARDING DEVICES THAT ARE PART OF THE INTERNET OF
              THINGS.

    (a) Definitions.--In this section--
            (1) Covered device.--The term ``covered device''--
                    (A) includes devices, applications, and physical
                objects that are--
                            (i) part of the Internet of Things; and
                            (ii) marketed and sold primarily to
                        consumers; and
                    (B) does not include--
                            (i) devices that are marketed and sold for
                        use primarily in industrial, business, or
                        enterprise settings; or
                            (ii) smartphones, tablets, personal
                        computers, or devices leased to consumers by
                        multichannel video programming distributors.
            (2) Cybersecurity threat.--The term ``cybersecurity
        threat'' has the meaning given to the term in section 102 of
        the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
        1501).
            (3) Security vulnerability.--The term ``security
        vulnerability'' has the meaning given to the term in section
        102 of the Cybersecurity Information Sharing Act of 2015 (6
        U.S.C. 1501).
    (b) Development of Educational Cybersecurity Resources.--Not later
than 1 year after the date of enactment of this Act, the Federal Trade
Commission shall, in coordination with the National Institute of
Standards and Technology and relevant private sector stakeholders and
experts, develop voluntary educational cybersecurity resources for
consumers relating to the practices of consumers with respect to the
protection and use of covered devices, including citing evidence of
consumer attitudes and expectations.
    (c) Elements.--The voluntary resources developed under subsection
(b) shall be technology-neutral and include guidance, best practices,
and advice for consumers to protect against, mitigate, and recover from
cybersecurity threats or security vulnerabilities, where technically
feasible, including--
            (1) the scope of possible security support from a vendor
        post-purchase;
            (2) how to initiate or set up a covered device for use;
            (3) the use of passwords, available security tools and
        settings, appropriate physical controls, and avoidance of steps
        that can defeat security;
            (4) updates to the software of a covered device during
        operation or use if applicable;
            (5) the recovery of compromised devices;
            (6) end-of-life considerations such as resetting, deleting,
        or modifying data collected or retained by a covered device
        when it is no longer in use or expected to be used by the
        consumer;
            (7) security services, tools, or platforms for connected
        devices that may help consumers manage connected devices; and
            (8) varying security considerations depending on factors,
        including the type of device and setting of use.
    (d) Availability and Publication.--The Federal Trade Commission
shall ensure that the resources developed under subsection (b) are
available to and readily accessible by the public on the Internet
website of the Federal Trade Commission.
    (e) Periodic Updates.--The Federal Trade Commission shall review,
and, as necessary update the resources developed under subsection (b),
in collaboration with industry stakeholders, to address changes in
cybersecurity threats or security vulnerabilities and other technology
developments or challenges.
    (f) Voluntary Use.--The resources developed under subsection (b)
shall be for voluntary use by consumers.
    (g) Treatment.--No guidelines, best practices, or advice issued by
the Federal Trade Commission with respect to the resources developed
under subsection (b) shall confer any right on any person, State, or
locality, nor shall operate to bind the Federal Trade Commission or any
person to the approach recommended in such guidance, best practice, or
advice. The Federal Trade Commission may not base an enforcement action
on, or execute a consent order based on, any failure to promote or use
such guidance, or any practice used for covered device functionality
that is alleged to be inconsistent with any guidance, best practice, or
advice included in the resources developed under subsection (b), unless
the practice allegedly violates another provision of law. Nothing in
this Act is intended to limit the ability of the Federal Trade
Commission to enforce section 5 of the Federal Trade Commission Act (15
U.S.C. 45).

Summary: Internet of Things Consumer Tips to Improve Personal Security Act of 2017 or the IOT Consumer TIPS Act of 2017 This bill requires the Federal Trade Commission (FTC)nbsp. In coordination with the National Institute of Standards and Technology and relevant private sector stakeholders and expertsnbsp. To develop voluntary educational cybersecurity resources for consumers relating to thenbsp. Protection and use of the Internet of Things . The resources must be technology-neutral and include guidance, best practices, and advice for consumers to protect against, mitigate, and recover from cybersecurity threats or security vulnerabilities. The resources do not bind the FTC to any particular guidance, best practice, or advice. The FTC may not base an enforcement action on any failure to promote or use such guidance, best practice, or advice unless such practice violates another provision of law.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cancer Survivorship Research and
Quality of Life Act of 2002''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) There are more than 9,000,000 individuals in the United
        States today who are cancer survivors (living with, through,
        and beyond cancer).
            (2) 60 percent of cancer survivors are 65 years of age and
        older.
            (3) 62 percent of adults diagnosed with cancer today will
        be alive 5 years from now.
            (4) In 1960, 4 percent of children with cancer survived
        more than 5 years.
            (5) 77 percent of children (age 0 through 14) diagnosed
        with cancer today will be living five years from now.
            (6) Three out of every four American families will have at
        least one family member diagnosed with cancer.
            (7) 24 percent of adults with cancer are parents who have a
        child 18 years or younger living in the home.
            (8) One of every four deaths in the United States is from
        cancer. In 2002, 555,500 Americans will die of cancer--more
        than 1,500 people a day.
            (9) The annual cost of cancer in the United States is
        $180,000,000,000 in direct and indirect costs.
            (10) In fiscal year 2001 the National Institutes of Health
        invested $38,000,000 in survivorship--less than $4.25 per
        survivor.

SEC. 3. CANCER CONTROL PROGRAMS.

    Section 412 of the Public Health Service Act (42 U.S.C. 285a-1) is
amended--
            (1) in the first sentence, by inserting ``, for
        survivorship,'' after ``treatment of cancer'';
            (2) in paragraph (1)(B), by striking ``cancer patients''
        and all that follows and inserting the following: ``cancer
        patients, families of cancer patients, and cancer survivors,
        and''; and
            (3) in paragraph (3), by inserting ``and concerning cancer
        survivorship programs,'' after ``control of cancer''.

SEC. 4. EXPANSION AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES
              OF HEALTH WITH RESPECT TO CANCER SURVIVORSHIP RESEARCH.

    (a) In General.--Subpart 1 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the
end following section:

``SEC. 417D. EXPANSION AND COORDINATION OF ACTIVITIES WITH RESPECT TO
              CANCER SURVIVORSHIP RESEARCH.

    ``(a) In General.--
            ``(1) Expansion of activities.--The Director of NIH shall
        expand and coordinate the activities of the National Institutes
        of Health with respect to cancer survivorship research.
            ``(2) Administration of program; collaboration among
        agencies.--The Director of NIH shall carry out this section
        acting through the Director of the Institute and in
        collaboration with any other agencies that the Director
        determines appropriate.
    ``(b) Office on Survivorship.--
            ``(1) In general.--The Director of NIH shall establish an
        Office on Survivorship within the Institute through which the
        activities under subsection (a)(1) shall be implemented and
        directed.
            ``(2) Associate director for survivorship; appointment;
        function.--
                    ``(A) There shall be in the Institute an Associate
                Director for Survivorship to coordinate and promote the
                programs in the Institute concerning cancer
                survivorship research. The Associate Director shall be
                appointed by the Director of the Institute from among
                individuals who, because of their professional training
                or experience, are equipped to address the breadth of
                needs associated with cancer survivorship.
                    ``(B) Not later than February 1, 2003, the
                Associate Director for Survivorship shall prepare and
                submit to the Congress report providing a description
                of the survivorship activities of the Office and
                strategies for future activities.''.
    (b) Funding.--Section 417B(d)(2) of the Public Health Service Act
(42 U.S.C. 285a-8(d)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' after the
        semicolon;
            (2) in subparagraph (C), by striking ``each'' and all that
        follows and inserting ``each fiscal year through 2002; and'';
        and
            (3) by adding at the end the following:
                    ``(D) 13 percent, in the case of fiscal year 2003
                and each subsequent fiscal year, of which not less than
                3 percent shall be for the Office on Survivorship under
                section 417D.''.

SEC. 5. EXPANSION OF CDC COMPREHENSIVE CANCER PROGRAMS; PROGRAMS TO
              IMPROVE CANCER SURVIVORSHIP.

    (a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, shall study
the unique health challenges associated with cancer survivorship and
carry out projects and interventions to improve the long-term health
status of cancer survivors. Such projects shall be carried out directly
and through the awards of grants or contracts.
    (b) Certain Activities.--Activities under subsection (a) include--
            (1) the expansion of current cancer surveillance systems to
        track the health status of cancer survivors and determine
        whether cancer survivors are at-risk for other chronic and
        disabling conditions;
            (2) assess the unique challenges associated with cancer
        survivorship;
            (3) the development of a national cancer survivorship
        action plan, in partnership with health organizations focused
        on cancer survivorship, to be carried out in coordination with
        the state-based comprehensive cancer control program of the
        Centers for Disease Control and Prevention to--
                    (A) develop unique and innovative post-treatment
                programs, services and demonstrations designed to
                support and advance cancer survivorship through--
                            (i) promotion of physical activity and
                        healthy lifestyles;
                            (ii) educational outreach programs for
                        health care providers;
                            (iii) support for innovative programs to
                        improve the quality of life among cancer
                        survivors;
                            (iv) home and community-based
                        interventions;
                            (v) peer support and mentor programs;
                            (vi) public awareness and outreach
                        campaigns; and
                            (vii) information dissemination to inform
                        health care providers and cancer survivors of
                        their health care options and available
                        survivorship programs; and
                    (B) develop unique cancer survivorship
                demonstration programs designed to address the needs of
                underserved populations, including minorities,
                children, and persons residing in rural areas.
    (c) Coordination of Activities.--The Secretary shall assure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service.
    (d) Report to Congress.--Not later than October 1, 2003, the
Secretary shall submit to the Congress a report describing the results
of the evaluation under subsection (a), and as applicable, the
strategies developed under such subsection.
    (e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $75,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2006.

SEC. 6. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER
              SURVIVORSHIP.

    (a) In General.--Part M of title III of the Public Health Service
Act (42 U.S.C. 280e et seq.) is amended by inserting after section 399E
the following section:

``SEC. 399E-1. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER
              SURVIVORSHIP.

    ``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, and in consultation
with the National Cancer Institute, shall make grants to eligible
entities for the purpose of enabling such entities to monitor and
evaluate quality cancer care, develop information concerning quality
cancer care, and monitor cancer survivorship.
    ``(b) Eligible Entities.--For purposes of this section, an entity
is an eligible entity for a fiscal year if the entity--
            ``(1) operates a statewide cancer registry with funds from
        a grant made under section 399B for such fiscal year; and
            ``(2) is certified by the North American Association of
        Central Cancer Registries or another similar certification
        organization.
    ``(c) Contracting Authority.--In carrying out the purpose described
in subsection (a), an eligible entity may expend a grant under such
subsection to enter into contracts with academic institutions, cancer
centers, and other entities, when determined appropriate by the
Secretary.
    ``(d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
    ``(e) Authority of Secretary Regarding Use of Grant.--The Secretary
shall determine the appropriate uses of grants under subsection (a) to
achieve the purpose described in such subsection.
    ``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2003 through 2007.''.
    (b) Conforming Amendment Regarding Authorization of
Appropriations.--Section 399F(a) of the Public Health Service Act (42
U.S.C. 280e-4(a)) is amended in the first sentence by striking ``this
part,'' and inserting ``this part (other than section 399E-1),''.

Summary: Cancer Survivorship Research and Quality of Life Act of 2002 - Amends the Public Health Service Act to include demonstration, education, and other programs concerning cancer survivorship among the activities of the National Cancer Institute (Institute) within the National Institutes of Health (NIH). Requires the Director of NIH to: (1) expand and coordinate NIH activities related to cancer survivorship. And (2) establish an Office on Survivorship within the Institute. Creates the position of Associate Director for Survivorship. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Protection, to: (1) study the health challenges associated with cancer survivorship and carry out projects and interventions. And (2) make grants for the monitoring and evaluation of cancer care and survivorship.

To provide for the expansion and coordination of activities of the National Institutes of Health and the Centers for Disease Control and Prevention with respect to research and programs on cancer survivorship, and for other purposes.