SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gold King Accountability and
Compensation for Taxpayers'' or the ``Gold King ACT''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on August 5, 2015, the Environmental Protection Agency
        caused the release of approximately 3,000,000 gallons of
        contaminated water from the Gold King Mine into Cement Creek;
            (2) the Environmental Protection Agency takes full
        responsibility for the Gold King Mine spill;
            (3) the peer reviewer of the Corps of Engineers to the
        report of the Department of the Interior relating to the Gold
        King Mine spill expressed concerns about the independent nature
        of the report and the internal communications and decisions of
        the Environmental Protection Agency relating to the spill;
            (4) the Environmental Protection Agency should be held to
        the same standards as the private sector would be if the
        private sector caused a similar spill;
            (5) the Environmental Protection Agency should hold
        accountable those individuals responsible for the Gold King
        Mine spill; and
            (6) since response activities took place after October 31,
        2015, the Environmental Protection Agency should reimburse
        requests for response activity expenses incurred after that
        date.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Gold king mine spill.--The term ``Gold King Mine
        spill'' means the discharge on August 5, 2015, of approximately
        3,000,000 gallons of contaminated water from the Gold King Mine
        north of Silverton, Colorado, into Cement Creek that occurred
        while contractors of the Environmental Protection Agency were
        conducting an investigation of the Gold King Mine.
            (3) Independent contractor.--The term ``independent
        contractor'' means any person, as of August 5, 2015, that--
                    (A) entered into a contract with a Federal agency
                (as defined in section 2671 of title 28, United States
                Code) for goods or services relating to the Gold King
                Mine spill; and
                    (B) was not an employee of the Government (as
                defined in section 2671 of title 28, United States
                Code).
            (4) Injured person.--The term ``injured person'' means a
        person that--
                    (A) suffered injury resulting from the Gold King
                Mine spill; and
                    (B) is--
                            (i) an individual;
                            (ii) an Indian tribe, tribal corporation,
                        or other tribal organization;
                            (iii) a corporation, business, partnership,
                        company, association, insurer, county,
                        township, city, State or political subdivision
                        of a State, school district, ditch company,
                        special district, water district, water
                        company, the Animas-La Plata Operation,
                        Maintenance and Replacement Association, or
                        other non-Federal entity; or
                            (iv) a legal representative of an
                        individual or entity described in any of
                        clauses (i) through (iii).
            (5) Injury.--The term ``injury'' means any damage to, or
        loss of, property, or a personal injury or death, caused by a
        negligent or wrongful act or omission of a Federal officer,
        employee, contractor, or subcontractor while acting within the
        scope of office, employment, or contract, under circumstances
        in which the Federal officer, employee, contractor, or
        subcontractor, if a private person, would be liable to the
        claimant in accordance with the law of the jurisdiction in
        which the act or omission occurred.

SEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS
              ACT.

    (a) Responsibilities of the Administrator.--
            (1) In general.--An injured person may bring a claim
        arising out of, or relating to, any injury resulting from the
        Gold King Mine spill under chapter 171 of title 28, United
        States Code (commonly known as the ``Federal Tort Claims Act'')
        and the Administrator shall receive, process, and pay those
        claims in accordance with this section.
            (2) Timing.--
                    (A) In general.--Notwithstanding section 2675(a) of
                title 28, United States Code, not later than 90 days
                after the date on which an injured person submits to
                the Administrator a claim under this section, the
                Administrator shall award or deny the payment of the
                claim.
                    (B) Partially paid claims.--In the case of a claim
                for which, as of the date of enactment of this Act, the
                Administrator has partially awarded payment to an
                injured person, the Administrator shall award the
                remaining payment not later than 60 days after that
                date of enactment.
                    (C) Previously filed claims.--In the case of a
                claim for which, as of the date of enactment of this
                Act, not fewer than 90 days have passed since the date
                on which an injured person submitted to the
                Administrator a claim under this section, not later
                than 60 days after that date of enactment, the
                Administrator shall award or deny payment of the claim.
    (b) Applicability of Other Law.--
            (1) Applicability of exception.--Section 2680(a) of title
        28, United States Code, shall not apply to claims brought under
        this section.
            (2) Independent contractors.--For purposes of a claim
        brought under this section, the definition of the term
        ``Federal agency'' under section 2671 of title 28, United
        States Code, shall be considered to include an independent
        contractor.
    (c) Allowable Damages.--
            (1) Property loss.--A claim that is paid for loss of
        property under this section may include otherwise-uncompensated
        damages resulting from the Gold King Mine spill for--
                    (A) a cost resulting from lost tribal or nontribal
                subsistence from hunting, fishing, firewood gathering,
                timbering, grazing, or agricultural activities, or from
                lost use for traditional or ceremonial uses, conducted
                on land or water damaged by the Gold King Mine spill;
                    (B) a cost of reforestation or revegetation on
                tribal or non-Federal land, to the extent that the cost
                of reforestation or revegetation is not covered by any
                other Federal program;
                    (C) any costs borne by any injured person to
                determine the extent of--
                            (i) the damages to agricultural land; or
                            (ii) any other damages covered by this Act;
                    (D) any costs borne by an injured person to pay for
                water supplies or equipment to treat water during the
                period for which a water supply of the injured person
                was compromised by the Gold King Mine spill; and
                    (E) any other loss that the Administrator
                determines to be appropriate for inclusion as loss of
                property.
            (2) Business loss.--A claim that is paid for an injury
        under this section may include damages resulting from the Gold
        King Mine spill for the following types of otherwise-
        uncompensated business loss:
                    (A) Damage to tangible assets or inventory.
                    (B) Lost business income.
                    (C) Overhead costs.
                    (D) Employee wages for work not performed.
                    (E) Any other loss that the Administrator
                determines to be appropriate for inclusion as a
                business loss.
            (3) Financial loss.--A claim that is paid for an injury
        under this section may include damages resulting from the Gold
        King Mine spill for the following types of otherwise-
        uncompensated financial loss:
                    (A) An insurance deductible.
                    (B) Lost wages or personal income.
                    (C) Emergency staffing expenses.
                    (D) Debris removal and other cleanup costs.
                    (E) Any other loss that the Administrator
                determines to be appropriate for inclusion as a
                financial loss.
    (d) Recoupment for Improper Payments.--Notwithstanding any other
provision of law, during the 13-year period beginning on the date on
which a claim is awarded under this section, the Administrator may take
such action as is necessary to recover payments made under this section
with respect to fraudulent claims and claims made with inaccurate
information.
    (e) Source of Payments.--
            (1) In general.--Any compensation or award against the
        Government made pursuant to a claim under this section shall be
        paid by the Administrator from unobligated balances in the
        appropriations accounts of the Environmental Protection Agency.
            (2) Intent of congress.--It is the intent of Congress that
        no additional funds be appropriated to carry out this Act.

SEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE
              ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT.

    (a) In General.--The Administrator shall, consistent with the
national contingency plan, receive, process, and pay under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine
spill.
    (b) Eligible Claims.--The Administrator shall receive, process, and
pay under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the
Gold King Mine spill that otherwise would be ineligible under that Act
or the national contingency plan if the response action carried out by
the claimant is not inconsistent with the national contingency plan as
described in section 107 of that Act (42 U.S.C. 9607).
    (c) Timing.--
            (1) In general.--Not later than 90 days after the date on
        which an injured person submits to the Administrator a claim
        under this section, the Administrator shall award or deny the
        payment of the claim.
            (2) Partially paid claims.--In the case of a claim for
        which, as of the date of enactment of this Act, the
        Administrator has partially awarded payment to an injured
        person, the Administrator shall award the remaining payment not
        later than 60 days after that date of enactment.
            (3) Previously filed claims.--In the case of a claim for
        which, as of the date of enactment of this Act, not fewer than
        90 days have passed since the date on which an injured person
        submitted to the Administrator a claim under this section, not
        later than 60 days after that date of enactment, the
        Administrator shall award or deny payment of the claim.

SEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT.

    (a) Effect of Act.--This Act does not diminish the ability of the
Administrator to carry out the responsibilities of the Administrator
under any other provision of law.
    (b) Reduction in Payment.--To prevent a claimant from receiving
twice the damage award for the same injury or claim--
            (1) any compensation or award against the Government under
        section 4 shall be deducted from any payment awarded against
        the Government under section 5; and
            (2) any compensation or award against the Government under
        section 5 shall be deducted from any payment awarded against
        the Government under section 4.

SEC. 7. WATER QUALITY PROGRAM.

    (a) In General.--In response to the Gold King Mine spill, the
Administrator, in coordination with affected States and Indian tribes,
shall develop and implement a program for long-term water quality
monitoring of the Animas River.
    (b) Requirements.--In carrying out the program described in
subsection (a), the Administrator shall--
            (1) collect water quality samples and sediment data;
            (2) provide the public with a means of viewing the samples
        and data referred to in paragraph (1) by, at a minimum, posting
        the information on the website of the Administrator;
            (3) take any other relevant measure necessary to assist
        affected States and Indian tribes with long-term water
        monitoring; and
            (4) carry out additional program activities, as determined
        by the Administrator.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Excess Prevention Act of
2011''.

SEC. 2. LIMITATION ON GOVERNMENT PRINTING COSTS.

    Not later than 180 days after the date of enactment of this Act,
the Director of the Office of Management and Budget shall coordinate
with the heads of Federal departments and independent agencies to--
            (1) determine which Government publications could be
        available on Government websites and no longer printed and to
        devise a strategy to reduce overall Government printing costs
        over the 10-year period beginning with fiscal year 2012, except
        that the Director shall ensure that essential printed documents
        prepared for Social Security recipients, Medicare
        beneficiaries, and other populations in areas with limited
        Internet access or use continue to remain available;
            (2) establish government-wide Federal guidelines on
        employee printing;
            (3) issue on the Office of Management and Budget's public
        website the results of a cost-benefit analysis on implementing
        a digital signature system and on establishing employee
        printing identification systems, such as the use of individual
        employee cards or codes, to monitor the amount of printing done
        by Federal employees; except that the Director of the Office of
        Management and Budget shall ensure that Federal employee
        printing costs unrelated to national defense, homeland
        security, border security, national disasters, and other
        emergencies do not exceed $860,000,000 annually; and
            (4) issue guidelines requiring every department, agency,
        commission, or office to list at a prominent place near the
        beginning of each publication distributed to the public and
        issued or paid for by the Federal Government--
                    (A) the name of the issuing agency, department,
                commission, or office;
                    (B) the total number of copies of the document
                printed;
                    (C) the collective cost of producing and printing
                all of the copies of the document; and
                    (D) the name of the firm publishing the document.

SEC. 3. LIMITATION OF GOVERNMENT TRAVEL COSTS.

    (a) In General.--Notwithstanding any other provision of law, the
total amount which is paid or reimbursed by an agency under subchapter
I of chapter 57 of title 5, United States Code (relating to travel and
subsistence expenses; mileage allowances for official travel by Federal
employees) may not, for any of the 5 fiscal years beginning after the
date of enactment of this Act, exceed 50 percent of the total amount so
paid or reimbursed by such agency for the fiscal year in which such
date of enactment occurs.
    (b) Exceptions.--For purposes of carrying out subsection (a), there
shall not be taken into account the amounts paid or reimbursed for--
            (1) any subsistence or travel expenses for threatened law
        enforcement personnel, as described in section 5706a of title
        5, United States Code; or
            (2) any other expenses for which an exception is
        established under subsection (c) for reasons relating to
        national security or public safety.
    (c) Regulations.--Any regulations necessary to carry out this
section shall, in consultation with the Director of the Office of
Management and Budget, be prescribed by the same respective authorities
as are responsible for prescribing regulations under section 5707 of
title 5, United States Code.

SEC. 4. REDUCTION IN FEDERAL VEHICLE COSTS.

    Notwithstanding any other provision of law--
            (1) of the amounts made available to the General Services
        Administration for the acquisition of new vehicles for the
        Federal fleet for fiscal year 2011 and remaining unobligated as
        of the date of enactment of this Act, an amount equal to 20
        percent of all such amounts is rescinded;
            (2) for fiscal year 2012 and each fiscal year thereafter--
                    (A) the amount made available to the General
                Services Administration for the acquisition of new
                vehicles for the Federal fleet shall not exceed an
                amount equal to 80 percent of the amount made available
                for the acquisition of those vehicles for fiscal year
                2011 (before application of paragraph (1)); and
                    (B) the number of new vehicles acquired by the
                General Services Administration for the Federal fleet
                shall not exceed a number equal to 50 percent of the
                vehicles so acquired for fiscal year 2011; and
            (3) any amounts made available under the American Recovery
        and Reinvestment Act of 2009 (Public Law 111-5) for the
        acquisition of new vehicles for the Federal fleet shall be
        disregarded for purposes of determining the baseline.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Greater Access to Affordable
Pharmaceuticals Act'' or the ``GAAP Act of 2000''.

SEC. 2. NEW DRUG APPLICATIONS.

    (a) Limitations on the Use of Patents To Prevent Approval of
Abbreviated New Drug Applications.--Section 505(b)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking
                ``the drug for which such investigations were conducted
                or which claims a use for such drug for which the
                applicant is seeking approval under this subsection''
                and inserting ``an active ingredient of the drug for
                which such investigations were conducted, alone or in
                combination with another active ingredient or which
                claims the first approved use for such drug for which
                the applicant is seeking approval under this
                subsection''; and
                    (B) in clause (iv), by striking ``; and'' and
                inserting a period;
            (2) in the matter preceding subparagraph (A), by striking
        ``shall also include--'' and all that follows through ``a
        certification'' and inserting ``shall also include a
        certification'';
            (3) by striking subparagraph (B); and
            (4) by redesignating clauses (i) through (iv) as
        subparagraphs (A) through (D), respectively, and aligning the
        margins of the subparagraphs with the margins of subparagraph
        (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)).
    (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is
amended--
            (1) in clause (vi), by striking the semicolon and inserting
        ``; and''; and
            (2) in clause (vii)--
                    (A) in the matter preceding subclause (I), by
                striking ``the listed drug referred to in clause (i) or
                which claims a use for such listed drug for which the
                applicant is seeking approval under this subsection''
                and inserting ``an active ingredient of the listed drug
                referred to in clause (i), alone or in combination with
                another active ingredient or which claims the first
                approved use for such drug for which the applicant is
                seeking approval under this subsection'';
                    (B) in subclause (IV), by striking ``; and'' and
                inserting a period; and
                    (C) by striking clause (viii).
    (c) Effective Date.--The amendments made by this section shall only
be effective with respect to a listed drug for which no certification
pursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug,
Cosmetic Act was made prior to the date of enactment of this Act.

SEC. 3. CITIZEN PETITION REVIEW.

    Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following:
    ``(C) Notwithstanding any other provision of law, the submission of
a citizen's petition filed pursuant to section 10.30 of title 21, Code
of Federal Regulations, with respect to an application submitted under
paragraph (2)(A), shall not cause the Secretary to delay review and
approval of such application, unless such petition demonstrates through
substantial scientific proof that approval of such application would
pose a threat to public health and safety.''.

SEC. 4. BIOEQUIVALENCE TESTING METHODS.

    Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(8)(B)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period and inserting
        ``; or''; and
            (3) by adding at the end the following:
                    ``(iii) the effects of the drug and the listed drug
                do not show a significant difference based on tests
                (other than tests that assess rate and extent of
                absorption), including comparative pharmacodynamic
                studies, limited confirmation studies, or in vitro
                methods, that demonstrate that no significant
                differences in therapeutic effects of active or
                inactive ingredients are expected.''.

SEC. 5. ACCELERATED GENERIC DRUG COMPETITION.

    (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(5)) is amended--
            (1) in subparagraph (B)(iv), by striking subclause (II) and
        inserting the following:
                    ``(II) the date of a final decision of a court in
                an action described in clause (ii) from which no appeal
                can or has been taken, or the date of a settlement
                order or consent decree signed by a Federal judge, that
                enters a final judgement, and includes a finding that
                the relevant patents that are the subject of the
                certification involved are invalid or not infringed,
                whichever is earlier,'';
            (2) by redesignating subparagraphs (C) and (D) as
        subparagraphs (D) and (E), respectively; and
            (3) by inserting after subparagraph (B), the following:
    ``(C) The one-hundred and eighty day period described in
subparagraph (B)(iv) shall become available to the next applicant
submitting an application containing a certification described in
paragraph (2)(A)(vii)(IV) if the previous applicant fails to commence
commercial marketing of its drug product once its application is made
effective, withdraws its application, or amends the certification from
a certification under subclause (IV) to a certification under subclause
(III) of such paragraph, either voluntarily or as a result of a
settlement or defeat in patent litigation.''.
    (b) Effective Date.--The amendments made by this section shall only
be effective with respect to an application filed under section 505(j)
of the Federal Food, Drug, Cosmetic Act for a listed drug for which no
certification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made
prior to the date of enactment of this Act.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that measures should be taken to
effectuate the purpose of the Drug Price Competition and Patent Term
Restoration Act of 1984 (referred to in this section as the ``Hatch-
Waxman Act'') to make generic drugs more available and accessible, and
thereby reduce health care costs, including measures that require
manufacturers of a drug for which an application is approved under
section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
255(c)) desiring to extend a patent of such drug to utilize the patent
extension procedure provided under the Hatch-Waxman Act.

SEC. 7. CONFORMING AMENDMENTS.

    (a) Applications.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
            (1) in subsection (b)(3), in subparagraphs (A) and (C), by
        striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph
        (2)'';
            (2) in subsection (c)(3)--
                    (A) in subparagraph (A), by striking ``clause (i)
                or (ii) of subsection (b)(2)(A)'' and inserting
                ``subparagraph (A) or (B) of subsection (b)(2)'';
                    (B) in subparagraph (B), by striking ``clause (iii)
                of subsection (b)(2)(A)'' and all that follows through
                the period and inserting ``subparagraph (C) of
                subsection (b)(2), the approval may be made effective
                on the date certified under subparagraph (C).'';
                    (C) in subparagraph (C), by striking ``clause (iv)
                of subsection (b)(2)(A)'' and inserting ``subparagraph
                (D) of subsection (b)(2)''; and
                    (D) in subparagraph (D)(ii), by striking ``clause
                (iv) of subsection (b)(2)(A)'' and inserting
                ``subparagraph (D) of subsection (b)(2)''; and
            (3) in subsection (j), in paragraph (2)(A), in the matter
        following clause (vii)(IV), by striking ``clauses (i) through
        (viii)'' and inserting ``clauses (i) through (vii)''.
    (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355a) is amended--
            (1) in subsection (a)(2)--
                    (A) in clause (i) of subparagraph (A), by striking
                ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';
                    (B) in clause (ii) of subparagraph (A), by striking
                ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and
                    (C) in subparagraph (B), by striking ``subsection
                (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)'';
                and
            (2) in subsection (c)(2)--
                    (A) in clause (i) of subparagraph (A), by striking
                ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';
                    (B) in clause (ii) of subparagraph (A), by striking
                ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and
                    (C) in subparagraph (B), by striking ``subsection
                (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''.
    (c) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
    ``(kk) For purposes of the references to court decisions in clauses
(i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III)
of section 505(j)(5)(B), the term `the court' means the court that
enters final judgment from which no appeal (not including a writ of
certiorari) can or has been taken.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Green Railcar Enhancement Act of
2010''.

SEC. 2. CREDIT FOR FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

``SEC. 45R. FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the freight
railcar replacement or modernization credit determined under this
section for the taxable year is an amount equal to 25 percent of the
sum of--
            ``(1) the basis of any qualified freight railcar placed in
        service by the taxpayer during the taxable year, plus
            ``(2) the qualified freight railcar rebuild expenditures of
        the taxpayer for the taxable year.
    ``(b) Qualified Freight Railcar.--
            ``(1) In general.--For purposes of this section, the term
        `qualified freight railcar' means a freight railcar which--
                    ``(A) is acquired or rebuilt by the taxpayer
                pursuant to a binding agreement entered into after the
                date of the enactment of this section, and
                    ``(B) meets the capacity or fuel efficiency
                improvement requirements of paragraph (2).
            ``(2) Capacity or fuel efficiency requirements.--
                    ``(A) In general.--A freight railcar shall be
                treated as meeting the capacity or fuel efficiency
                requirements of this paragraph if--
                            ``(i) in the case of a freight railcar
                        which is acquired by the taxpayer during the
                        taxable year (`replacement railcar'), the
                        taxpayer identifies another railcar (although
                        not necessarily one being used for an identical
                        purpose) which the taxpayer certifies--
                                    ``(I) was removed permanently from
                                service as a freight railcar during the
                                taxable year, or
                                    ``(II) is being rebuilt in such a
                                manner as to achieve a significant
                                improvement in capacity or fuel
                                efficiency, or
                            ``(ii) in the case of a freight railcar
                        rebuilt by the taxpayer, such rebuilding
                        results in a significant improvement in
                        capacity or fuel efficiency.
                    ``(B) Ownership not required.--For purposes of
                subparagraph (A)(i), such other railcar may be one
                owned by the taxpayer or one owned by another taxpayer,
                so long as there exists a binding agreement to so
                remove or rebuild the railcar.
                    ``(C) Significant improvement.--For purposes of
                subparagraph (A), an improvement in capacity or fuel
                efficiency with respect to a freight railcar shall be
                treated as significant if such capacity or fuel
                efficiency, as the case may be, is increased by at
                least 8 percent.
    ``(c) Qualified Freight Railcar Rebuild Expenditure.--For purposes
of this section, the term `qualified freight railcar rebuild
expenditure' means any amount paid or incurred--
            ``(1) in connection with the modification of a freight
        railcar resulting in such railcar being a qualified freight
        railcar, and
            ``(2) which is properly chargeable to a capital account
        with respect to such freight railcar.
    ``(d) Other Special Rules.--
            ``(1) Coordination with other credits.--Any amount taken
        into account in determining the credit under this section may
        not be taken into account in determining a credit under any
        other provision of this title.
            ``(2) Basis adjustment.--For purposes of this subtitle, if
        a credit is allowed under subsection (a) with respect to any
        qualified freight railcar, the basis of such railcar shall be
        reduced by the amount of the credit so allowed.
            ``(3) Sale-leaseback.--For purposes of subsection (a)(1),
        if any qualified freight railcar is--
                    ``(A) originally placed in service by a person
                after [the date of the enactment of this section], and
                    ``(B) sold and leased back by such person within 3
                months after the railcars are originally placed in
                service (or, in the case of more than 1 railcar subject
                to the same lease, within 3 months after the date the
                final railcar is placed in service, so long as the
                period between the time the first railcar is placed in
                service and the time the last railcar is placed in
                service does not exceed 12 months),
        such railcars shall be treated as originally placed in service
        not earlier than the date on which such railcars are used under
        the leaseback referred to in subparagraph (B).
            ``(4) Syndication.--For purposes of subsection (a)(1), if--
                    ``(A) any qualified freight railcar is originally
                placed in service after the date of enactment of this
                section by the lessor of such railcar,
                    ``(B) such railcar is sold by such lessor or any
                subsequent purchaser within 3 months after the date
                such railcar was originally placed in service (or, in
                the case of more than 1 railcar subject to the same
                lease, within 3 months after the date the final railcar
                is placed in service and the time the last railcar is
                placed in service does not exceed 12 months), and
                    ``(C) the user of such railcar after the last sale
                during such 3-month period remains the same as when
                such railcar was originally placed in service,
        such railcars shall be treated as originally placed in service
        not earlier than the date of such last sale.
            ``(5) Recapture.--The benefit of any credit allowable under
        subsection (a) shall, under regulations prescribed by the
        Secretary, be recaptured with respect to any qualified freight
        railcar that is sold or otherwise disposed of by the taxpayer
        during the 5-year period beginning on the date on which such
        railcar is originally placed in service. The preceding sentence
        shall not apply to a qualified freight railcar that is sold by
        and subsequently leased back to the taxpayer.
            ``(6) Reporting requirements.--The Secretary, in
        consultation with the Surface Transportation Board, may develop
        appropriate reporting requirements for taxpayers utilizing this
        credit.
    ``(e) Termination.--This section shall not apply to any freight
railcars acquired, or with respect to which at least 50 percent of the
rebuilding is completed, after December 31, 2011.''.
    (b) Credit Allowed as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'' and by adding at the end the following new paragraph:
            ``(36) the freight railcar replacement or modernization
        credit determined under section 45R.''.
    (c) Coordination With Section 55.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (vii), by striking the period at the end of clause (viii) and
inserting ``, and'' and by adding at the end the following new clause:
                            ``(ix) the credit determined under section
                        45R.''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45Q the
following new item:

``Sec. 45R. Freight railcar replacement or modernization credit.''.
    (e) Effective Date.--The amendments made by this section shall
apply to property placed in service, and amounts paid or incurred,
after December 31, 2009.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Victim Compensation Act''.

SEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY PROVIDE
              FIREARMS TO JUVENILES, FELONS, AND OTHER DISQUALIFIED
              INDIVIDUALS.

    (a) Victim Compensation.--Section 924 of title 18, United States
Code, is amended by adding at the end the following new subsection:
    ``(j)  Victim Compensation.--
            ``(1)  In general.--Any person who sells, delivers, or
        otherwise transfers--
                    ``(A) a firearm in violation of section 922(d) or
                section 922(b)(1); or
                    ``(B) a handgun to a person who the transferor
                knows or has reasonable cause to believe is a juvenile,
                except as provided in paragraph (6),
        shall be liable for damages caused by a discharge of the
        transferred firearm by the transferee.
            ``(2) Civil action.--An action to recover damages under
        paragraph (1) may be brought in a United States district court
        by, or on behalf of, any person, or the estate of any person,
        who suffers damages resulting from bodily injury to or the
        death of any person caused by a discharge of the transferred
        firearm by the transferee.
            ``(3) Disentitlement to recovery.--There shall be no
        liability under this subsection if it is established by a
        preponderance of the evidence that--
                    ``(A) the damages were suffered by a person who was
                engaged in a criminal act against the person or
                property of another at the time of the injury; or
                    ``(B) the injury was self-inflicted, unless the
                plaintiff establishes that, at the time of the
                transfer, the transferor knew or had reasonable cause
                to believe that the transferee had not attained the age
                of 18 years or had been adjudicated as a mental
                defective or committed to a mental institution.
            ``(4) Period of liability.--No action under this subsection
        may be brought for damages that are caused more than 5 years
        after the date of the transfer of a firearm upon which an
        action could otherwise be based.
            ``(5)  Attorney's fees and punitive damages.--A prevailing
        plaintiff in an action under this subsection--
                    ``(A) shall be awarded reasonable attorney's fees
                and costs, and
                    ``(B) may be awarded punitive damages.
            ``(6) Juveniles.--Paragraph (1)(B) does not apply to--
                    ``(A) a temporary transfer of a handgun to a
                juvenile if the handgun is used by the juvenile--
                            ``(i) in the course of employment, in the
                        course of ranching or farming related to
                        activities at the residence of the juvenile (or
                        on property used for ranching or farming at
                        which the juvenile, with the permission of the
                        property owner or lessee, is performing
                        activities related to the operation of the farm
                        or ranch), target practice, hunting, or a
                        course of instruction in the safe and lawful
                        use of a handgun;
                            ``(ii) with the prior written consent of
                        the juvenile's parent or guardian who is not
                        prohibited by Federal, State, or local law from
                        possessing a firearm, except--
                                    ``(I) during transportation by the
                                juvenile of an unloaded handgun in a
                                locked container directly from the
                                place of transfer to a place at which
                                an activity described in clause (i) is
                                to take place and transportation by the
                                juvenile of that handgun, unloaded and
                                in a locked container, directly from
                                the place at which such an activity
                                took place to the transferor; or
                                    ``(II) with respect to ranching or
                                farming activities as described in
                                clause (i), with the prior written
                                approval of the juvenile's parent or
                                legal guardian and at the direction of
                                an adult who is not prohibited by
                                Federal, State, or local law from
                                possessing a firearm;
                            ``(iii) if the juvenile keeps the prior
                        written consent in the juvenile's possession at
                        all times when a handgun is in the possession
                        of the juvenile; and
                            ``(iv) in accordance with State and local
                        law;
                    ``(B) issuance of a handgun to a juvenile who is a
                member of the Armed Forces of the United States or the
                National Guard who possesses or is armed with the
                handgun in the line of duty;
                    ``(C) a transfer by inheritance of title (but not
                possession) of a handgun to a juvenile;
                    ``(D) a delivery of a handgun by a juvenile to be
                used in defense of the juvenile or other persons
                against an intruder into the residence of the juvenile
                or a residence in which the juvenile is an invited
                guest; or
                    ``(E) a transfer of a handgun for consideration if
                the transfer is made in accordance with State and local
                law and with the prior consent of the juvenile's parent
                or legal guardian who is not prohibited by Federal,
                State, or local law from possessing a firearm.
            ``(7) Rule of construction.--Nothing in this subsection
        shall be construed to limit or have any other effect on any
        other cause of action available to any person.''.
    (b) Definition.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
    ``(30) The term `juvenile' means a person who is less than 18 years
of age.''.
    (c) Application of Amendment.--The amendment made by subsection (a)
shall apply to damages resulting from a firearm that was transferred as
described in section 924(j)(1) of title 18, on or after the date of
enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HMO Guaranty Act of 2000''.

SEC. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors
        appointed under section 3(d).
            (2) Contractual obligation.--The term ``contractual
        obligation'' means an obligation by a health maintenance
        organization, under an agreement, policy, certificate, or
        evidence of coverage involving a covered individual and the
        organization, to pay or reimburse the covered individual (or a
        health care provider who provided items or services to the
        individual) for services provided prior to the declaration of
        the insolvency of the health maintenance organization, that
        remains unpaid at the time of such insolvency. Such term does
        not include claims by former employees, including medical
        professional employees, for deferred compensation, severance,
        vacation, or other employment benefits.
            (3) Covered individual.--The term ``covered individual''
        means an enrollee or member of a health maintenance
        organization.
            (4) Guaranty fund.--The term ``Guaranty Fund'' means the
        Federal HMO Guaranty Fund established under section 3.
            (5) Health care provider.--The term ``health care
        provider'' means a physician, hospital, or other person that is
        licensed or otherwise authorized by the State to provide health
        care services, and that provided health care services to an
        enrollee of a health maintenance organization.
            (6) Health maintenance organization.--The term ``health
        maintenance organization'' has the meaning given such term by
        section 2791(b)(3) of the Public Health Service Act (42 U.S.C.
        300gg-91(b)(3)).
            (7) Health maintenance organization contract.--The term
        ``covered health maintenance organization contract'' means a
        policy, certificate, or other evidence of health care coverage
        that is issued by a health maintenance organization.
            (8) Insolvent organization.--The term ``insolvent
        organization'' means a health maintenance organization that is
        declared insolvent by court of competent jurisdiction and
        placed under the control of a State Commissioner of Insurance
        for the purpose of liquidation.
            (9) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services, in consultation with the
        Secretary of Labor and the Secretary of the Treasury.
            (10) State.--The term ``State'' includes each of the
        several States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Northern Mariana Islands, or any agency or
        instrumentality thereof.
            (11) Uncovered expenditures.--The term ``uncovered
        expenditures'' means the expenditures for the provision of
        health care services that are the obligation of a health
        maintenance organization that have not been paid by such
        organization and for which no alternative payment arrangements
        have been made.

SEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND.

    (a) In General.--There is established in the Treasury of the United
States a fund to be known as the HMO Guaranty Fund to be used as
provided for in this Act.
    (b) Amounts in Fund.--
            (1) In general.--There shall be deposited into the Guaranty
        Fund--
                    (A) amounts collected under section 5(a);
                    (B) penalties collected under section 5(b); and
                    (C) earnings on investments of monies in the
                Guaranty Fund.
            (2) Investments.--
                    (A) In general.--The Secretary of the Treasury
                shall invest amounts in the Guaranty Fund that are not
                required to meet current withdrawals. Such investments
                may be made only in interest-bearing obligations of the
                United States. For such purpose, such obligations may
                be acquired on original issue at the issue price, or by
                purchase of outstanding obligations at the market
                price.
                    (B) Availability of income.--Any interest derived
                from obligations held by the Guaranty Fund and the
                proceeds from any sale or redemption of such
                obligations, are hereby appropriated to the Fund.
    (c) Use of Guaranty Fund.--Subject to section 4, amounts in the
Guaranty Fund shall be used to make payments to a State--
            (1) to pay the outstanding health care provider claims for
        uncovered expenditures, and to fulfill contractual obligations
        to covered individuals, with respect to an insolvent health
        maintenance organization; and
            (2) to provide for a temporary continuation of health care
        coverage for covered individuals.
    (d) Board of Directors.--
            (1) In general.--The Guaranty Fund shall be administered by
        a Board of Directors to be composed of 9 individuals of which--
                    (A) three directors shall be appointed by the
                National Association of Insurance Commissioners from
                among individuals who serve as insurance regulators of
                a State;
                    (B) three directors shall be appointed by a
                national association which represents the health
                maintenance organization industry of all States (as
                determined by the Secretary) from among representatives
                of health maintenance organizations; and
                    (C) three directors shall be--
                            (i) the Secretary of the Treasury, or the
                        designee of the Secretary;
                            (ii) the Secretary of Health and Human
                        Services, or the designee of the Secretary; and
                            (iii) the Secretary of Labor, or the
                        designee of the Secretary.
            (2) Terms, vacancies.--The members of the Board shall
        establish the terms of service of the members of the Board
        appointed under subparagraphs (A) and (B) of paragraph (1). Any
        vacancy in the Board shall not affect its powers, and shall be
        filled in the same manner as the original appointment.
            (3) Compensation of members.--
                    (A) In general.--Except as provided in subparagraph
                (B), each member of the Board who is not an officer or
                employee of the Federal Government shall serve without
                compensation. All members of the Board who are officers
                or employees of the United States shall serve without
                compensation in addition to that received for their
                services as officers or employees of the United States.
                    (B) Travel expenses.--The members of the Board
                shall be allowed travel expenses, including per diem in
                lieu of subsistence, at rates authorized for employees
                of agencies under subchapter I of chapter 57 of title
                5, United States Code, while away from their homes or
                regular places of business in the performance of
                services for the Board. Such expenses shall be paid
                from the Guaranty Fund.
            (4) Voting.--Each member of the Board shall have 1 vote.
        The Board shall set policy and decide all matters by a simple
        majority of the votes cast.
            (5) Chairperson.--The Board shall elect a chairperson from
        among its members.
            (6) Meetings.--The Board shall first meet not later than 30
        days after the date on which all members are appointed under
        paragraph (1). Subsequent meetings shall be at the call of the
        chairperson. The Board may hold public hearings after giving
        proper notice.
            (7) Fiduciary duty.--With respect to the members of the
        Board that are not appointed under paragraph (1)(A), in
        carrying out the duties of the Board such members shall have a
        fiduciary duty to the Guaranty Fund that shall supersede any
        duty to an employer or other special interest that the member
        may otherwise represent.
            (8) Limitations on liability.--A member of the Board shall
        not be liable, or in any way responsible, for the obligations
        of the Guaranty Fund.
    (e) Duties.--The Board shall--
            (1) administer the Guaranty Fund;
            (2) adopt bylaws that permit the Board to enter into
        contracts to receive contributions and make distributions in
        accordance with this Act;
            (3) establish the application criteria and materials
        necessary to enable a State to submit an application to the
        Guaranty Fund;
            (4) review and make determination on applications received
        under section 4(b); and
            (5) carry out other activities in accordance with this Act.

SEC. 4. EXPENDITURES FROM THE GUARANTY FUND.

    (a) In General.--The Guaranty Fund shall be used to make payments
to a State to enable such State to pay the claims of health care
providers for health care services provided to covered individuals
prior to the declaration of insolvency of a health maintenance
organization and to provide for a temporary continuation of health care
coverage for such individuals.
    (b) Procedure.--
            (1) In general.--Upon the declaration by a court of
        competent jurisdiction that a health maintenance organization
        is insolvent, the official responsible for regulating health
        insurance in the State in which the declaration is made may
        submit an application to the Guaranty Fund for payment under
        this Act.
            (2) Contents of application.--An application submitted by a
        State under paragraph (1) shall include the following:
                    (A) Liquidation of assets and return of unused
                funds.--The application shall contain an accounting of
                amounts received (or expected to be received) as a
                result of the liquidation of the assets of the
                insolvent organization.
                    (B) Fund amount.--The application shall contain a
                request for a specific amount of funds that will be
                used for the uncovered expenditures and contractual
                obligations of an insolvent organization.
                    (C) Uncovered expenditures.--The application shall
                contain an estimate of the aggregate number of
                uncovered individuals and aggregate amount of uncovered
                expenditures with respect to the insolvent organization
                involved.
                    (D) Continuation coverage.--The application shall
                contain an estimate of the aggregate amount of funds
                needed to provide continuation coverage to uncovered
                individuals.
    (c) Consideration by Board.--Not later than 30 days after the date
on which the Guaranty Fund receives a completed application from a
State under subsection (b), the Board shall make a determination with
respect to payments to the States.
    (d) Limitation.--The aggregate amount that may be paid to a State
under this section with respect to a single uncovered individual shall
not exceed $300,000.
    (e) Use for Continuation Coverage.--
            (1) In general.--A State may use amounts provided under
        this section to provide for the continuation of health care
        coverage for an uncovered individual through a health
        maintenance organization or other health care coverage that has
        been determined appropriate by the official responsible for
        regulating health insurance in the State in collaboration with
        the Board.
            (2) Limitation.--The period of continuation coverage with
        respect to an uncovered individual under paragraph (1) shall
        terminate on the earlier of--
                    (A) the date that is 1 year after the date on which
                the health maintenance organization was declared
                insolvent; or
                    (B) or the date on which the contractual obligation
                of the health maintenance organization to the
                individual was to terminate.
    (f) Repayment of Funds.--The State shall repay to the Guaranty Fund
an amount equal to--
            (1) any amounts not utilized by the State on the date on
        which the liquidation of the insolvent organization is
        completed; and
            (2) any amounts recovered through liquidation that have not
        been accounted for in the application of the State under
        subsection (b)(2)(A).

SEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND.

    (a) Assessment on Health Maintenance Organizations.--
            (1) In general.--Not later than January 1, 2001, and every
        6 months thereafter, each health maintenance organization that
        is licensed by a State to provide health care coverage shall
        pay to the Guaranty Fund an amount to be determined in
        accordance with an assessment schedule to be established by the
        Secretary not later than 180 days after the date of enactment
        of this Act.
            (2) Deferment.--The Board, after consultation with the
        official responsible for regulating health insurance in the
        State involved may exempt, abate, or defer, in whole or in
        part, the assessment of a health maintenance organization under
        paragraph (1) if the organization demonstrates that the payment
        of the assessment would endanger the ability of the
        organization to fulfill its contractual obligations or place
        the organization in an unsound financial condition.
            (3) Prohibition.--A health maintenance organization shall
        not adjust the amount of premiums paid by enrollees to account
        for the assessment paid under paragraph (1).
    (b) Failure to Pay.--A health maintenance organization that fails
to pay an assessment under subsection (a)(1) within 30 days after the
date on which such assessment was to be paid shall be subject to a
civil penalty in an amount not to exceed $1,000 per day.

SEC. 6. STATE PREEMPTION.

    (a) In General.--Nothing in this Act shall be construed to preempt
or supersede any provision of State law that establishes, implements,
or continues in effect any standard or requirement relating to health
maintenance organizations.
    (b) Definition.--In this section, the term ``State law'' means all
laws, decisions, rules, regulations or other State actions that have
the effect of law.


SECTION 1. ERISA PREEMPTION NOT TO APPLY TO CERTAIN STATE LAW CAUSES OF
              ACTION.

    (a) In General.--Section 514 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144) is amended--
            (1) by redesignating subsections (d) and (e) as subsection
        (e) and (f), respectively, and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d) Preemption Not To Apply to Causes of Action Under State Law
Involving Medically Reviewable Decision.--
            ``(1) In general.--Except as provided in this subsection,
        nothing in this title (including section 502) shall be
        construed to supersede or otherwise alter, amend, modify,
        invalidate, or impair any cause of action under State law of a
        participant or beneficiary under a group health plan (or the
        estate of such a participant or beneficiary) against the plan,
        the plan sponsor, any health insurance issuer offering health
        insurance coverage in connection with the plan, or any managed
        care entity in connection with the plan to recover damages
        resulting from personal injury or for wrongful death if such
        cause of action arises by reason of a medically reviewable
        decision.
            ``(2) Definitions and related rules.--For purposes of this
        subsection--
                    ``(A) Medically reviewable decision.--The term
                `medically reviewable decision' means a denial of a
                claim for benefits under the plan.
                    ``(B) Personal injury.--The term `personal injury'
                means a physical injury and includes an injury arising
                out of the treatment (or failure to treat) a mental
                illness or disease.
                    ``(C) Claim for benefit.--The term `claim for
                benefits' means any request for coverage (including
                authorization of coverage), for eligibility, or for
                payment (or reimbursement for payment) in whole or in
                part, for an item or service under a group health plan
                or health insurance coverage.
                    ``(D) Denial of claim for benefits.--The term
                `denial' means, with respect to a claim for benefits, a
                denial (in whole or in part) of, or a failure to act on
                a timely basis upon, the claim for benefits and
                includes a failure to provide benefits (including items
                and services) required to be provided under this title.
                    ``(E) Managed care entity.--
                            ``(i) In general.--The term `managed care
                        entity' means, in connection with a group
                        health plan and subject to clause (ii), any
                        entity that is involved in determining the
                        manner in which or the extent to which items or
                        services (or reimbursement therefor) are to be
                        provided as benefits under the plan.
                            ``(ii) Treatment of treating physicians,
                        other treating health care professionals, and
                        treating hospitals.--Such term does not include
                        a treating physician or other treating health
                        care professional of the participant or
                        beneficiary and also does not include a
                        treating hospital insofar as it is acting
                        solely in the capacity of providing treatment
                        or care to the participant or beneficiary.
                        Nothing in the preceding sentence shall be
                        construed to preempt vicarious liability of any
                        plan, plan sponsor, health insurance issuer, or
                        managed care entity.
            ``(3) Exclusion of employers and other plan sponsors.--
                    ``(A) Causes of action against employers and plan
                sponsors precluded.--Subject to subparagraph (B),
                paragraph (1) does not apply with respect to--
                            ``(i) any cause of action against an
                        employer or other plan sponsor maintaining the
                        plan (or against an employee of such an
                        employer or sponsor acting within the scope of
                        employment), or
                            ``(ii) a right of recovery, indemnity, or
                        contribution by a person against an employer or
                        other plan sponsor (or such an employee) for
                        damages assessed against the person pursuant to
                        a cause of action to which paragraph (1)
                        applies.
                    ``(B) Certain causes of action permitted.--
                Notwithstanding subparagraph (A), paragraph (1) applies
                with respect to any cause of action that is brought by
                a participant or beneficiary under a group health plan
                (or the estate of such a participant or beneficiary) to
                recover damages resulting from personal injury or for
                wrongful death against any employer or other plan
                sponsor maintaining the plan (or against an employee of
                such an employer or sponsor acting within the scope of
                employment) if such cause of action arises by reason of
                a medically reviewable decision, to the extent that
                there was direct participation by the employer or other
                plan sponsor (or employee) in the decision.
                    ``(C) Direct participation.--
                            ``(i) Direct participation in decisions.--
                        For purposes of subparagraph (B), the term
                        `direct participation' means, in connection
                        with a decision described in subparagraph (B),
                        the actual making of such decision or the
                        actual exercise of control in making such
                        decision or in the conduct constituting the
                        failure.
                            ``(ii) Rules of construction.--For purposes
                        of clause (i), the employer or plan sponsor (or
                        employee) shall not be construed to be engaged
                        in direct participation because of any form of
                        decisionmaking or other conduct that is merely
                        collateral or precedent to the decision
                        described in subparagraph (B) on a particular
                        claim for benefits of a particular participant
                        or beneficiary, including (but not limited
                        to)--
                                    ``(I) any participation by the
                                employer or other plan sponsor (or
                                employee) in the selection of the group
                                health plan or health insurance
                                coverage involved or the third party
                                administrator or other agent;
                                    ``(II) any engagement by the
                                employer or other plan sponsor (or
                                employee) in any cost-benefit analysis
                                undertaken in connection with the
                                selection of, or continued maintenance
                                of, the plan or coverage involved;
                                    ``(III) any participation by the
                                employer or other plan sponsor (or
                                employee) in the process of creating,
                                continuing, modifying, or terminating
                                the plan or any benefit under the plan,
                                if such process was not substantially
                                focused solely on the particular
                                situation of the participant or
                                beneficiary referred to in paragraph
                                (1)(A); and
                                    ``(IV) any participation by the
                                employer or other plan sponsor (or
                                employee) in the design of any benefit
                                under the plan, including the amount of
                                copayment and limits connected with
                                such benefit.''.
    (b) Conforming Amendment.--Section 502(b)(4) of such Act (29 U.S.C.
1132(b)(4)) is amended by striking ``514(e)(3)'' and inserting
``514(f)(3)''.
    (c) Effective Date.--The amendments made by this section shall
apply to acts and omissions (from which a cause of action arises)
occurring on or after the date of the enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Handgun Trigger Safety Act of
2014''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) It is in the interest of the United States to protect
        its citizens from handgun violence and accidental firearm
        deaths.
            (2) Personalizing handguns would prevent unauthorized
        users, whether children, criminals, or others, from misusing
        the weapons.
            (3) Personalizing handguns would allow authorized users to
        continue to lawfully own and use their handguns more safely.
            (4) In 2011, according to the Centers for Disease Control,
        there were 851 accidental firearm deaths.
            (5) In 2010, according to the Centers for Disease Control,
        62 people under the age of 15 were killed accidentally with
        firearms.
            (6) According to the National Crime Victimization Survey,
        almost 350,000 incidents of firearm theft from private citizens
        occur each year.
            (7) According to the Federal Bureau of Investigation, 45
        law enforcement officers were killed with their own firearm
        between 2002 and 2011.
            (8) According to the Federal Bureau of Investigation,
        almost half of all murders in the United States in 2011 were
        committed with handguns.

          TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Handgun.--The term ``handgun'' has the meaning given
        the term in section 921(a)(29) of title 18, United States Code.
            (2) Personalized handgun.--The term ``personalized
        handgun'' means a handgun that--
                    (A) enables only an authorized user of the handgun
                to fire the handgun; and
                    (B) was manufactured in such a manner that the
                firing restriction described in subparagraph (A)--
                            (i) is incorporated into the design of the
                        handgun;
                            (ii) is not sold as an accessory; and
                            (iii) cannot be readily removed or
                        deactivated.
            (3) Qualified entity.--The term ``qualified entity''
        means--
                    (A) a State or unit of local government;
                    (B) a nonprofit or for-profit organization; or
                    (C) an institution of higher education (as defined
                in section 101 of the Higher Education Act of 1965 (20
                U.S.C. 1001)).
            (4) Retrofitted personalized handgun.--The term
        ``retrofitted personalized handgun'' means a handgun fitted
        with a device that--
                    (A) enables only an authorized user of the handgun
                to fire the handgun; and
                    (B) cannot be readily removed or deactivated.

SEC. 102. AUTHORIZATION.

    The Attorney General, acting through the Director of the National
Institute of Justice (referred to in this title as the ``Director''),
shall make grants to qualified entities to develop technology for
personalized handguns.

SEC. 103. APPLICATIONS.

    A qualified entity seeking a grant under this title shall submit to
the Director an application at such time, in such manner, and
containing such information as the Director may reasonably require.

SEC. 104. USES OF FUNDS.

    A qualified entity that receives a grant under this title--
            (1) shall use not less than 70 percent of the amount of the
        grant to develop technology for personalized handguns;
            (2) may use not more than 20 percent of the amount of the
        grant to develop technology for retrofitted personalized
        handguns; and
            (3) may use not more than 10 percent of the amount of the
        grant for administrative costs associated with the development
        of technology funded under this title.

SEC. 105. TERM; RENEWAL.

    (a) Term.--A grant awarded under this title shall be for a term of
1 year.
    (b) Renewal.--A qualified entity receiving a grant under this title
may renew the grant by submitting to the Director an application for
renewal at such time, in such manner, and containing such information
as the Director may reasonably require.

SEC. 106. REPORTS.

    (a) Reports to Director.--A qualified entity receiving a grant
under this title shall submit to the Director such reports, at such
time, in such manner, and containing such information as the Director
may reasonably require.
    (b) Reports to Congress.--Each year, the Director shall submit to
Congress a report that contains a summary of the information submitted
to the Director under subsection (a) during the previous year.

SEC. 107. REGULATIONS.

    The Director may promulgate such guidelines, rules, regulations,
and procedures as may be necessary to carry out this title.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title
$2,000,000 for each of fiscal years 2015 and 2016.

      TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD

SEC. 201. DEFINITIONS.

    In this title:
            (1) Antique firearm; firearm; handgun.--The terms ``antique
        firearm'', ``firearm'', and ``handgun'' have the meaning given
        those terms in section 921 of title 18, United States Code.
            (2) Authorized user.--The term ``authorized user'', with
        respect to a firearm, means--
                    (A) the lawful owner of the firearm; and
                    (B) any individual who is--
                            (i) authorized by the lawful owner of the
                        firearm to use the firearm; and
                            (ii) authorized, under the law of the State
                        where the firearm is being used, to own, carry,
                        or use a firearm in the State.
            (3) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission
            (4) Consumer product safety rule.--The term ``consumer
        product safety rule'' has the meaning given such term in
        section 3(a) of the Consumer Product Safety Act (15 U.S.C.
        2052(a)).
            (5) Manufactured and manufacturer.--The terms
        ``manufactured'' and ``manufacturer'' have the meaning given
        such terms in section 3(a) of the Consumer Product Safety Act
        (15 U.S.C. 2052(a)).
            (6) Personalized handgun.--The term ``personalized
        handgun'' means a handgun that--
                    (A) enables only an authorized user of a handgun to
                fire the handgun; and
                    (B) is manufactured in such a manner that the
                firing restriction described in subparagraph (A)--
                            (i) is incorporated into the design of the
                        handgun; and
                            (ii) cannot be readily removed or
                        deactivated.
            (7) Retrofitted personalized handgun.--The term
        ``retrofitted personalized handgun'' means a handgun fitted
        with a device that--
                    (A) enables only an authorized user of a handgun to
                fire the handgun; and
                    (B) attaches to the handgun in a manner such that
                the device cannot be readily removed or deactivated.
            (8) State and united states.--The terms ``State'' and
        ``United States'' have the meaning given such terms in section
        3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
            (9) To distribute in commerce and distribution in
        commerce.--The terms ``to distribute in commerce'' and
        ``distribution in commerce'' have the meaning given such terms
        in section 3(a) of the Consumer Product Safety Act (15 U.S.C.
        2052(a)).

SEC. 202. PROHIBITION ON MANUFACTURING AND DISTRIBUTION OF HANDGUNS
              THAT ARE NOT PERSONALIZED HANDGUNS.

    (a) Prohibition.--
            (1) Manufacturing.--Beginning on the date that is 2 years
        after the date of enactment of this Act, no person may
        manufacture in the United States a handgun that is not a
        personalized handgun.
            (2) Distribution in commerce.--Beginning on the date that
        is 3 years after the date of enactment of this Act, no person
        may distribute in commerce any handgun that is not a
        personalized handgun or a retrofitted personalized handgun.
            (3) Exemptions for antique firearms and military
        firearms.--Paragraphs (1) and (2) shall not apply to--
                    (A) an antique firearm;
                    (B) the manufacture of a firearm that is sold to
                the Department of Defense; or
                    (C) the sale or distribution of a firearm to the
                Department of Defense.
    (b) Enforcement by Consumer Product Safety Commission.--
            (1) Treatment of violation.--Notwithstanding section
        3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C.
        2052(a)(5)(E)), a violation of subsection (a) or any rule
        promulgated by the Commission pursuant to paragraph (4) shall
        be treated as a violation of section 19(a)(1) of the Consumer
        Product Safety Act (15 U.S.C. 2068(a)(1)).
            (2) Treatment as consumer product safety standards.--
        Notwithstanding section 3(a)(5)(E) of the Consumer Product
        Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any
        rule promulgated pursuant to paragraph (4) shall be considered
        consumer product safety rules.
            (3) Powers of commission.--
                    (A) In general.--The Commission shall enforce this
                section in the same manner, by the same means, and with
                the same jurisdiction, powers, and duties as though all
                applicable terms and provisions of the Consumer Product
                Safety Act (15 U.S.C. 2051 et seq.) were incorporated
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person who
                violates this section shall be subject to the penalties
                and entitled to the privileges and immunities provided
                in the Consumer Product Safety Act (15 U.S.C. 2051 et
                seq.).
            (4) Regulations.--The Commission, in consultation with the
        Attorney General and the Director of the National Institute of
        Justice, may promulgate such rules as the Commission considers
        appropriate to carry out this section.
    (c) Enforcement by States.--If an attorney general, other official,
or agency of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely affected
by a person who violates subsection (a), the attorney general,
official, or agency may bring a civil action on behalf of the residents
of the State against the person in an appropriate district court of the
United States to enjoin any further such violation and for other relief
as may be appropriate.
    (d) Cost of Retrofitting.--
            (1) Cost borne by manufacturers.--Upon the request of the
        owner of a handgun that was manufactured in the United States
        and that is not a personalized handgun or retrofitted
        personalized handgun, the manufacturer of the handgun--
                    (A) shall--
                            (i) retrofit the handgun so that the
                        handgun is a retrofitted personalized handgun;
                        and
                            (ii) return the handgun to the owner within
                        a reasonable period of time; and
                    (B) may not request compensation for the retrofit
                from the owner.
            (2) Rulemaking.--Not later than 1 year after the date of
        enactment of this Act, the Commission, in consultation with the
        Attorney General and the Director of the National Institute of
        Justice, shall by regulation establish the maximum period of
        time within which a manufacturer that receives a request from
        the owner of a handgun under paragraph (1) shall retrofit and
        return the handgun to the owner.
            (3) Reimbursement from department of justice assets
        forfeiture fund.--Section 524(c) of title 28, United States
        Code, is amended--
                    (A) in subparagraph (H), by striking ``and'' at the
                end;
                    (B) in subparagraph (I), by striking the period at
                the end and inserting ``; and''; and
                    (C) by inserting after subparagraph (I) the
                following:
            ``(J) payments to reimburse manufacturers of handguns for
        the costs of retrofitting handguns to comply with the
        requirement under section 202(d)(1) of the Handgun Trigger
        Safety Act of 2014.''.
    (e) Relation to State Law.--Nothing in this section or the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to
preempt or otherwise affect any State requirement with respect to any
handgun not specifically regulated in a consumer product safety
standard under the Consumer Product Safety Act.

TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT

SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS
              ACT.

    Section 4 of the Protection of Lawful Commerce in Arms Act (15
U.S.C. 7903) is amended--
            (1) in paragraph (4)--
                    (A) by striking ``The term `qualified product'
                means'' and inserting the following: ``The term
                `qualified product'--
                            ``(i) except as provided in clause (ii),
                        means'';
                    (B) by striking the period at the end and inserting
                ``; and''; and
                    (C) by adding at the end the following:
                            ``(ii) does not include a handgun that--
                                    ``(I) is manufactured on or after
                                the date that is 2 years after the date
                                of enactment of the Handgun Trigger
                                Safety Act of 2014; and
                                    ``(II) is not a--
                                            ``(aa) personalized
                                        handgun; or
                                            ``(bb) retrofitted
                                        personalized handgun.''; and
            (2) by adding at the end the following:
            ``(10) Authorized user.--The term `authorized user', with
        respect to a handgun, means--
                    ``(A) the lawful owner of the firearm; and
                    ``(B) any individual who is--
                            ``(i) authorized by the lawful owner of the
                        firearm to use the firearm; and
                            ``(ii) authorized, under the law of the
                        State where the firearm is being used, to own,
                        carry, or use a firearm in the State.
            ``(11) Handgun.--The term `handgun' has the meaning given
        the term in section 921(a)(29) of title 18, United States Code.
            ``(12) Personalized handgun.--The term `personalized
        handgun' means a handgun that--
                    ``(A) enables only an authorized user of the
                handgun to fire the handgun; and
                    ``(B) is manufactured in such a manner that the
                firing restriction described in subparagraph (A)--
                            ``(i) is incorporated into the design of
                        the handgun; and
                            ``(ii) cannot be readily removed or
                        deactivated.
            ``(13) Retrofitted personalized handgun.--The term
        `retrofitted personalized handgun' means a handgun fitted with
        a device that--
                    ``(A) enables only an authorized user of the
                handgun to fire the handgun; and
                    ``(B) attaches to the handgun in a manner such that
                the device cannot be readily removed or deactivated.''.