SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Berta Caceres Human Rights in
Honduras Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Honduran police are widely established to be deeply
        corrupt and commit human rights abuses, including torture,
        rape, illegal detention, and murder, with impunity.
            (2) The New York Times revealed documents on April 15,
        2016, indicating that top officials of the Honduran police
        ordered the killings of drug-crime investigators Julian
        Aristides Gonzales and Alfredo Landaverde in 2009 and 2011,
        respectively, with the subsequent knowledge of top police and,
        evidently, high-ranking government officials. The Times
        suggested in a subsequent article that the revelations were
        being manipulated by the President of Honduras for his own
        corrupt purposes.
            (3) Individuals in the police with documented records of
        having committed gross human abuses with impunity continue to
        be appointed to high positions within the police.
            (4) International human rights bodies have reported that
        the Honduran military and police commit human rights abuses,
        including killings, with impunity. The Associated Press has
        documented death squad activity by police. Human Rights Watch
        reports: ``The use of lethal force by the national police is a
        chronic problem. Investigations into the police abuses are
        marred by inefficiency and corruption, little information about
        them is made public; and impunity is the rule.''.
            (5) The Department of State's Honduran Human Rights Report
        for 2016 reports: ``Impunity remains a serious problem, with
        prosecution in cases of military and police officials charged
        with human rights violations moving too slowly or remaining
        inconclusive.''.
            (6) Repeated efforts to clean up the Honduran police have
        largely failed. A recent commission to clean up the police
        reports that it has separated a number of police. However, to
        date there has been minimal and only token progress in
        effectively prosecuting members of the police involved in
        corruption and human rights abuses, and the reported
        separations have not been independently verified. Moreover,
        long-lasting, fundamental reform of the police still needs to
        be enacted.
            (7) Rights Action documented the Fifteenth Battalion of the
        Honduran Armed Forces allegedly participated with police and
        private security forces in some of the killings of over 100
        small-farmer activists in the Aguan Valley beginning in 2000.
        In 2015, Human Rights Watch confirmed that the killings of
        Aguan farmers were met with no consequences. To date there has
        been one confirmed conviction of a private actor.
        Assassinations of key activists continue. In October 2016, Jose
        Angel Flores, the president of the Unified Campesino Movement
        of the Aguan (MUCA), and Silmer Dionisio George, another MUCA
        member, were assassinated.
            (8) Further examples abound of human rights abuses by the
        military: in July 2013 members of the Armed Forces shot and
        killed Tomas Garcia, a Lenca Indigenous activist, and injured
        his son while they were peacefully protesting a dam project; in
        May 2014, nine members of the Ninth Infantry reportedly
        tortured and killed Amado Maradiaga Quiroz and tortured his
        son, Milton Noe Maradiaga Varela. The cases remain unresolved.
        In a recent emblematic case, on December 27, 2015, the Honduran
        Navy reportedly killed Joel Palacios Lino and Elvis Armando
        Garcia, two Garifuna Afro-Indigenous men who were engaged in
        digging a car out of the sand on a beach. The case remains in
        impunity over a year later.
            (9) The current Government of Honduras has expanded the
        military's reach into domestic policing, including the creation
        of a 3,000-member Military Police in clear violation of the
        Honduran constitution and with disastrous results, including
        the killings of a 15-year-old boy, Ebed Yanes, in 2012 and a
        student, Erlin Misael Carias Moncada, in 2014, after they had
        passed unarmed through checkpoints, and the January 2, 2017,
        killing of 17-year-old Edgardo Moreno Rodriquez. Since the
        creation of the Military Police ``allegations of human rights
        abuses by the military have increased notably'', reports Human
        Rights Watch. In 2016 the creation of two new battalions of the
        Military Police was announced.
            (10) The Honduran judicial system has been widely
        documented to be rife with corruption. Judges, prosecutors and
        other officials are interconnected with organized crime and
        drug traffickers, contributing to near-complete immunity.
            (11) The Department of State in its 2015 Human Rights
        Report for Honduras reports ``corruption, intimidation, and
        institutional weakness of the justice system leading to
        widespread impunity.''.
            (12) Summarizing the situation, Human Rights Watch reports
        in 2016 that ``Rampant crime and impunity for human rights
        abuses remain the norm in Honduras . . . Efforts to reform the
        institutions responsible for providing public security have
        made little progress. Marred by corruption and abuse, the
        judiciary and police remain largely ineffective.''.
            (13) The March 2, 2016, assassination of prominent Lenca
        Indigenous and environmental activist Berta Caceres, world-
        renowned recipient of the 2015 Goldman Environmental Prize for
        her work defending Indigenous land rights against a
        hydroelectric dam project, illustrates the human rights crisis
        in Honduras, and the deep complicity of the Honduran
        government. Caceres, the leader of COPINH, the Council of
        Indigenous and Popular Organizations of Honduras, had reported
        to authorities 33 threats previous to her killing, but none had
        been investigated, and the government had failed to provide
        adequate protection measures as mandated by the Inter-American
        Commission on Human Rights, with protection by Honduran
        security being withdrawn the day of her death.
            (14) As of February 2017, eight suspects, four of whom have
        ties to the Honduran military, have been arrested in the
        killing of Caceres, one of whom is a current officer in the
        military and three others are former military. These arrests
        raise serious questions about the role of the Honduran military
        in her assassination, including the chain of command within the
        military as well as the identity of the true authors of the
        assassination.
            (15) The Government of Honduras continues to unduly limit
        legally mandated access by Ms. Caceres' family to the case
        file. In late September 2016, the original case file was
        allowed to leave the Public Ministry and was stolen.
            (16) Despite calls from 62 Members of Congress, members of
        the family of Berta Caceres, COPINH, leaders of the European
        Union, the Vatican Pontifical Council on Peace and Justice, and
        many others, the Honduran government has not permitted the
        Inter-American Commission on Human rights to conduct an
        independent investigation of the case.
            (17) In this context of corruption and human rights abuses,
        trade unionists, journalists, lawyers, Afro-Indigenous
        activists, Indigenous activists, small-farmer activists, LGBTI
        activists, human rights defenders, and critics of the
        government remain at severe risk; and previous human rights
        abuses against them remain largely unpunished.
            (18) The May 2, 2016, shooting of prominent opposition
        journalist Felix Molina illustrates the continued risk facing
        activists. Hours before he was shot, Molina had posted
        information potentially linking Caceres's killing to a top
        government official, members of an elite family, and one of the
        prosecutors in the case.
            (19) The Consolidated Appropriations Act, 2016 allocated
        approximately $18,000,000 to the Honduran police and military,
        in addition to the National Defense Authorization Act for
        Fiscal Year 2016 authorizing additional funding. The
        Administration's funding request for fiscal year 2017 also
        calls for an increase in security funding for Honduras.
            (20) The Inter-American Development Bank in 2012 lent
        $59,800,000 to the Honduran police, with United States
        approval.

SEC. 3. SUSPENSION AND RESTRICTIONS OF SECURITY ASSISTANCE EXTENDED TO
              REPUBLIC OF HONDURAS UNLESS CERTAIN CONDITIONS HAVE BEEN
              MET.

    (a) Suspension of Security Assistance.--No funds may be made
available to provide assistance for the police or military of the
Republic of Honduras, including assistance for equipment and training.
    (b) Loans From Multilateral Development Banks.--The Secretary of
the Treasury shall instruct United States representatives at
multilateral development banks to vote no on any loans for the police
or military of the Republic of Honduras.

SEC. 4. CONDITIONS FOR LIFTING SUSPENSIONS AND RESTRICTIONS.

    The provisions of this Act shall terminate on the date on which the
Secretary of State determines and certifies to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate that the Government of Honduras has--
            (1) pursued all legal avenues to bring to trial and obtain
        a verdict of those who ordered and carried out--
                    (A) the March 2, 2016, murder of Berta Caceres;
                    (B) the killings of over 100 small-farmer activists
                in the Aguan Valley;
                    (C) the December 27, 2015, killings of Joel
                Palacios Lino and Elvis Armando Garcia; and
                    (D) the May 3, 2016, armed attack on Felix Molina;
            (2) investigated and successfully prosecuted members of
        military and police forces who are credibly found to have
        violated human rights, and ensured that the military and police
        cooperated in such cases, and that such violations have ceased;
            (3) withdrawn the military from domestic policing, in
        accordance with the Honduran Constitution, and ensured that all
        domestic police functions are separated from the command and
        control of the Armed Forces of Honduras and are instead
        directly responsible to civilian authority;
            (4) established that it protects effectively the rights of
        trade unionists, journalists, human rights defenders,
        Indigenous, Afro-Indigenous, small-farmer, and LGBTI activists,
        critics of the government, and other civil society activists to
        operate without interference; and
            (5) taken effective steps to fully establish the rule of a
        law and to guarantee a judicial system that is capable of
        investigating, prosecuting, and bringing to justice members of
        the police and military who have committed human rights abuses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bias Crimes Compensation Act of
1993''.

SEC. 2. CIVIL RIGHTS.

    (a) Findings.--The Congress finds that--
            (1) bias-motivated crimes of violence constitute crimes in
        violation of the victim's right to be free from discrimination
        on the basis of actual or perceived race, color, gender,
        religion, national origin, ethnicity, sexual orientation, or
        physical or mental disability;
            (2) State and Federal criminal laws do not adequately
        protect against the bias element of bias-motivated crimes of
        violence, which separates these crimes from acts of random
        violence, nor do those laws adequately provide victims of bias-
        motivated crimes of violence the opportunity to vindicate their
        interests;
            (3) existing bias and discrimination in the criminal
        justice system often deprive victims of bias-motivated crimes
        of violence of equal protection of the laws and the redress to
        which they are entitled;
            (4) bias-motivated crimes of violence have a substantial
        adverse effect on interstate commerce, by deterring potential
        victims from traveling interstate, from engaging in employment
        in interstate business, and from transacting with business, and
        in places involved, in interstate commerce;
            (5) bias-motivated crimes of violence have a substantial
        adverse effect on interstate commerce, by diminishing national
        productivity, increasing medical and other costs, and
        decreasing the supply of and the demand for interstate
        products;
            (6) a Federal civil rights claim, as created in this
        section, is necessary to guarantee equal protection of the laws
        and to reduce the substantial adverse effects of bias-motivated
        crimes of violence on interstate commerce; and
            (7) victims of bias-motivated crimes of violence have a
        right to equal protection of the laws, including a system of
        justice that is unaffected by bias or discrimination and that,
        at every relevant stage, treats such crimes as seriously as
        other violent crimes.
    (b) Right.--All individuals within the United States, and the
special maritime and territorial jurisdiction of the United States,
shall have the right to be free from bias-motivated crimes of violence.
    (c) Claim.--Any person, including a person who acts under color of
any statute, ordinance, regulation, custom, or usage of any State, who
deprives an individual of the right secured by subsection (b) shall be
liable to the individual injured, in a civil action in any court of
competent jurisdiction, for compensatory damages of not less than
$100,000, punitive damages, injunctive relief, declaratory relief, or
any combination thereof.
    (d) Limitation, Procedure, and Rule of Construction.--
            (1) Limitation.--Nothing in this section entitles an
        individual to a claim under subsection (c) for random acts of
        violence unrelated to bias or for acts that cannot be
        demonstrated, by a preponderance of the evidence, to be bias-
        motivated crimes of violence.
            (2) No prior criminal action.--Nothing in this section
        requires a prior criminal complaint, prosecution, or conviction
        to establish the necessary elements of a claim under subsection
        (c).
            (3) Concurrent jurisdiction.--The Federal and State courts
        shall have concurrent jurisdiction over actions brought
        pursuant to this section.
            (4) Rule of construction.--Neither section 1367 of title 28
        of the United States Code nor subsection (c) of this section
        shall be construed, by reason of a claim arising under such
        subsection, to confer on the courts of the United States
        supplemental jurisdiction of any State law claim seeking the
        establishment of a divorce, alimony, equitable distribution of
        marital property, or child custody decree.
    (e) Definitions.--For purposes of this section--
            (1) the term ``bias-motivated'' means committed because of,
        on the basis of, and due to (at least in part) an animus based
        on, actual or perceived race, color, gender, religion, national
        origin, ethnicity, sexual orientation, or physical or mental
        disability of the victim;
            (2) the term ``crime of violence'' means--
                    (A) an act or series of acts that would constitute
                State or Federal offense of a kind described in section
                16 of title 18, United States Code, and punishable by a
                maximum term of imprisonment exceeding one year, but
                excludes an offense against property that presents no
                serious risk of physical or mental disability injury to
                an individual; or
                    (B) one or more actions that would constitute such
                offense but for the relationship between the person who
                takes such actions and the individual against whom such
                actions are taken;
        whether or not such offense or such actions result in criminal
        charges, prosecution, or conviction and whether or not such
        actions were taken within the United States or the special
        maritime and territorial jurisdiction of the United States;
            (3) the term ``disability'' has the meaning given it in
        section 3(2) of the Americans With Disabilities Act of 1990 (42
        U.S.C. 12102(2)); and
            (4) the term ``special maritime and territorial
        jurisdiction of the United States'' has the meaning given such
        term in section 7 of title 18, United States Code.
    (f) Limitation on Removal.--Section 1445 of title 28, United States
Code, is amended by adding at the end the following:
    ``(d) A civil action in any State court arising under section 2 of
the Bias Crimes Compensation Act of 1993 may not be removed to any
district court of the United States.''.
    (g) Authority To Award Attorney's Fee.--Section 722(b) of the
Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by
inserting ``section 2 of the Bias Crimes Compensation Act of 1993,''
after ``Public Law 92-318,''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bioterror and Pandemic Preparedness
Protection Act''.

SEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
              COUNTERMEASURES.

    Part B of title III of the Public Health Service Act is amended by
inserting after section 319F-2 (42 U.S.C. 247d-6b) the following:

``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
              SECURITY COUNTERMEASURES.

    ``(a) Authority.--The Secretary shall be solely and exclusively
responsible for the administration of this section. This section shall
apply with respect to the design, development, clinical testing and
investigation, manufacture, labeling, distribution, sale, purchase,
donation, dispensing, administration, or use of a security
countermeasure or a qualified pandemic or epidemic product.
    ``(b) Litigation Management.--
            ``(1) Federal cause of action.--
                    ``(A) In general.--There shall exist an exclusive
                Federal cause of action for all claims arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, and use of a qualified
                pandemic or epidemic product or a security
                countermeasure as provided for in clauses (i) and (ii)
                of paragraph (2)(B).
                    ``(B) Action.--With respect to the Federal cause of
                action provided in subparagraph (A)--
                            ``(i) an action may be commenced solely and
                        exclusively against the United States for
                        claims identified in subparagraph (A) that are
                        against a manufacturer, distributor, or health
                        care provider;
                            ``(ii) no cause of action shall be
                        maintained against a manufacturer, distributor,
                        or health care provider for claims identified
                        in subparagraph (A); and
                            ``(iii) for products subject to designation
                        by the Secretary as provided for in clause (ii)
                        of paragraph (2)(B), the protections set forth
                        in clauses (i) and (ii) shall apply to all
                        claims identified in subparagraph (A) that
                        involve products sold, purchased, donated,
                        dispensed, or administered during the effective
                        period set forth in the designation provided
                        for in paragraph (2)(F), regardless of the date
                        of alleged injury.
                    ``(C) Jurisdiction.--The United States District
                Court for the District of Columbia shall have sole and
                exclusive jurisdiction over any claim for loss of
                property, personal injury, or death arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use of a qualified
                pandemic or epidemic product or security countermeasure
                as provided for in clauses (i) and (ii) of paragraph
                (2)(B).
            ``(2) Affirmative defense.--
                    ``(A) In general.--There shall be a rebuttable
                presumption that the Federal Government is immune from
                liability in an action described in subparagraph (B).
                    ``(B) Action described.--An action described in
                this subparagraph is an action that is commenced
                against the United States for claims arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use of--
                            ``(i) a security countermeasure that has
                        been procured for the National Strategic
                        Stockpile under section 319F-2 or a qualified
                        pandemic or epidemic product that has been
                        procured by the Secretary; or
                            ``(ii) a security countermeasure or
                        qualified pandemic or epidemic product in
                        anticipation of and preparation for, in defense
                        against, or in response or recovery to an
                        actual or potential public health emergency,
                        that is a security countermeasure or is
                        designated as a qualified pandemic or epidemic
                        product by the Secretary after the Secretary
                        declared a public health emergency as described
                        in paragraph (1) or (2) of section 319(a).
                    ``(C) Rebuttability.--
                            ``(i) In general.--The presumption
                        described in subparagraph (A) shall be overcome
                        by a determination by the Secretary as provided
                        for in subparagraph (D).
                            ``(ii) Investigation by secretary.--A party
                        seeking a determination under subparagraph (D)
                        may petition the Secretary to investigate
                        claims against a manufacturer, distributor,
                        dispenser, or health care provider arising out
                        of, relating to, or resulting from the design,
                        development, clinical testing and
                        investigation, manufacture, labeling,
                        distribution, sale, purchase, donation,
                        dispensing, administration, or use of products
                        as provided for in clauses (i) and (ii) of
                        subparagraph (B). The decision to undertake
                        such investigation shall be within the
                        Secretary's discretion and shall not be subject
                        to judicial review.
                    ``(D) Determination by secretary.--
                            ``(i) In general.--In making a
                        determination under this subparagraph, the
                        Secretary must find clear and convincing
                        evidence that the manufacturer, distributor, or
                        health care provider intentionally or with
                        willful disregard violated a provision of the
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                        301 et seq.) or this Act and such violation--
                                    ``(I) caused the product to present
                                a significant risk to health; and
                                    ``(II) proximately caused the
                                injury alleged by the petitioner.
                            ``(ii) Notice and hearing.--Prior to the
                        Secretary's making a determination under clause
                        (i), the manufacturer, distributor, dispenser,
                        or health care provider shall have notice and a
                        right to a formal hearing in accordance with
                        section 556 of title 5, United States Code.
                            ``(iii) Judicial review.--At any time prior
                        to the 90th day following a determination by
                        the Secretary under clause (i) of this
                        subparagraph, any manufacturer, distributor, or
                        health care provider who will be adversely
                        affected by such determination may file a
                        petition with the United States Court of
                        Appeals for the circuit wherein such person
                        resides or has his principal place of business,
                        for a judicial review of such determination. A
                        copy of the petition shall be forthwith
                        transmitted by the clerk of the court to the
                        Secretary or other officer designated by the
                        Secretary for that purpose. The Secretary
                        thereupon shall file in the court the record of
                        the findings on which the Secretary based his
                        or her determination. The filing of a petition
                        under this clause shall automatically stay the
                        Secretary's determination for the duration of
                        the judicial proceeding. The sole parties to
                        the judicial proceeding shall be the Secretary
                        and the petitioner. Intervention by third
                        parties in the judicial proceeding shall not be
                        permitted. No subpoenas shall be issued nor
                        shall other compulsory process apply. The
                        court's review of a determination by the
                        Secretary under this clause shall conform to
                        the procedures for judicial review of
                        administrative orders set forth in paragraphs
                        (2) through (6) of section 371(f) of title 21,
                        United States Code, to the extent consistent
                        with this section.
                    ``(E) Scope.--The presumption under subparagraph
                (A) shall apply regardless of whether the claim against
                the United States arises from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use by the Federal
                Government or by non-Federal Government customers.
                    ``(F) Designation.--In any declaration of a public
                health emergency under section 319, the Secretary shall
                identify the pandemic, epidemic, or biological,
                chemical, nuclear agent, or toxin that presents, or may
                present, a public health emergency and shall designate
                the security countermeasure(s) or qualified pandemic or
                epidemic product(s) to be sold by, purchased from, or
                donated by a manufacturer or drawn from the National
                Strategic Stockpile and shall specify in such
                designation the beginning and ending dates of such
                sale, purchase, donation, or use from the stockpile.
                The period so defined shall be the effective period of
                such qualification for any products specified in the
                designation. The declaration shall subsequently be
                amended to reflect any additional sale, purchase, or
                donation of products specified in the designation.
    ``(c) Definitions.--In this section:
            ``(1) Health care provider.--The term `health care
        provider' means a person, including a volunteer, who lawfully
        prescribes, administers, dispenses, or provides a facility to
        administer a security countermeasure or a qualified pandemic or
        epidemic product, including persons who prescribe, administer,
        or provide a facility to administer in accordance with a
        designation under subsection (b)(2)(F).
            ``(2) Loss.--The term `loss' means death, bodily injury, or
        loss of or damage to property, including business interruption
        loss.
            ``(3) Non-federal government customers.--The term `non-
        Federal Government customers' means any customer of a
        manufacturer that is not an agency or instrumentality for the
        United States Government with authority under Public Law 85-804
        to provide for indemnification under certain circumstances for
        third-party claims against its contractors, including a State,
        a local authority, a private entity, a health care provider, or
        an individual.
            ``(4) Qualified pandemic or epidemic product.--The term
        `qualified pandemic or epidemic product' means a drug (as such
        term is defined in section 201(g)(1) of the Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as
        such term is defined by section 351(i) of this Act) or device
        (as such term is defined by section 201(h) of the Federal food,
        Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed,
        modified, or procured to diagnose, mitigate, prevent, treat, or
        cure a pandemic or epidemic or limit the harm such pandemic or
        epidemic might otherwise cause or a serious or life-threatening
        disease or condition caused by such a product, that--
                    ``(A) is approved or cleared under chapter V of the
                Federal Food, Drug, and Cosmetic Act or licensed under
                section 351 of this Act;
                    ``(B) is a product for which the Secretary
                determines that sufficient and satisfactory clinical
                experience or research data (including data, if
                available, from pre-clinical and clinical trials)
                support a reasonable conclusion that the countermeasure
                will qualify for approval or licensing within 8 years
                after the date the Secretary declares a public health
                emergency as described in paragraph (1) or (2) of
                section 319(a); or
                    ``(C) is authorized by the Secretary under this
                section, except that the Secretary may authorize under
                this section the emergency use of a product only if,
                after consultation with the Director of the National
                Institutes of Health and the Director of the Centers
                for Disease Control and Prevention (to the extent
                feasible and appropriate given the circumstances of the
                emergency involved), the Secretary concludes--
                            ``(i) that an agent or toxin identified in
                        a declaration described under subsection (b)
                        can cause a serious or life-threatening disease
                        or condition;
                            ``(ii) that, based on the totality of the
                        scientific evidence available to the Secretary,
                        including data from adequate and well-
                        controlled clinical trials, if available, it is
                        reasonable to believe that--
                                    ``(I) the product may be effective
                                in diagnosing, mitigating, preventing,
                                treating or curing--
                                            ``(aa) a pandemic or
                                        epidemic; or
                                            ``(bb) a serious or life-
                                        threatening disease or
                                        condition caused by a product;
                                        and
                                    ``(II) the known and potential
                                benefits of the product, when used to
                                diagnose, mitigate, prevent, treat or
                                cure such disease or condition,
                                outweigh the known and potential risks
                                of the product;
                            ``(iii) that there is no adequate,
                        approved, and available alternative to the
                        product for diagnosing, mitigating, preventing,
                        treating or curing such disease or condition;
                        and
                            ``(iv) that such other criteria as the
                        Secretary may by regulation prescribe are
                        satisfied.
            ``(5) Security countermeasure.--The term `security
        countermeasure' has the meaning given such term in section
        319F-2(c)(1)(B).''.

SEC. 3. TECHNICAL AMENDMENT.

    Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d
(a)(1)) is amended by inserting ``, or may present,'' after
``present''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''.

SEC. 2. WITHDRAWAL OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.

    (a) In General.--Notwithstanding any other provision of law, if any
of the coal preference right lease applications captioned NMNM 3752,
NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM
3919, NMNM 6802, NMNM 7235 and NMNM 8745 are withdrawn by the holder or
holders of the applications, the Secretary of the Interior, acting
through the Bureau of Land Management (referred to in this Act as the
``Secretary''), shall issue under section 4(a)(2) to each such holder
or holders a certificate of bidding rights (in such form and manner as
provided for under regulations promulgated by the Secretary under the
Mineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the
combined fair market value, as determined under section 3, of the coal
reserves for each coal preference right lease application withdrawn by
the holder.
    (b) Relinquishment.--The relinquishment of all rights associated
with the coal preference lease applications withdrawn shall be
effective on the date of the issuance of the certificate of bidding
rights under section 4(a)(2).
    (c) No Adjudication.--The withdrawals and issuances required under
subsection (a) shall occur without any further adjudication of coal
preference right lease applications by the Secretary.

SEC. 3. METHOD FOR DETERMINING FAIR MARKET VALUE.

    (a) In General.--Notwithstanding any other provision of law, this
section shall apply to the issuance of a certificate of bidding rights
under section 4(a)(2).
    (b) Value of Coal Reserves.--
            (1) In general.--The fair market value of the coal reserves
        of any coal preference right lease application withdrawn under
        section 2(a) shall be determined by the panel established under
        paragraph (2).
            (2) Panel.--
                    (A) Establishment.--Not later than 30 days after
                the date of enactment of this Act, the Secretary shall
                establish a panel to determine the fair market value of
                the coal reserves of any coal preference right lease
                applications withdrawn under section 2(a).
                    (B) Membership.--The panel shall be composed of 3
                representatives, of whom--
                            (i) 1 representative shall be appointed by
                        the Secretary;
                            (ii) 1 representative shall be appointed by
                        the holder of the preference right lease
                        application; and
                            (iii) 1 representative shall be appointed
                        by the Governor of the State of New Mexico.
            (3) Mineral appraiser.--The Secretary shall contract with a
        qualified coal reserve appraiser to assist the panel
        established under paragraph (2)(A) in determining the fair
        market value of a coal reserve.
            (4) Supplemental information.--In determining the fair
        market value of a coal reserve, the panel may supplement any
        information provided to the panel, as the panel determines to
        be appropriate.
            (5) Determination.--Not later than 75 days after the date
        on which the panel is established under paragraph (2)(A), the
        panel shall submit to the Secretary the determination of the
        panel with respect to the fair market value of a coal reserve
        of any coal preference right lease application withdrawn by the
        holder.

SEC. 4. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE
              APPLICATIONS.

    (a) In General.--Notwithstanding any other provision of law, not
later than 120 days after the withdrawal of a coal preference right
lease application, the Secretary shall--
            (1) issue to the Navajo Nation patents to the land,
        including the mineral estate, subject to the coal preference
        right lease application withdrawn--
                    (A) in full and final satisfaction of the right of
                the Navajo Nation to select land in New Mexico under
                section 11 of the Navajo-Hopi Land Settlement Act of
                1974 (25 U.S.C. 640d-10); and
                    (B) to facilitate land consolidation and facilitate
                mineral development in northwest New Mexico; and
            (2) issue a certificate of bidding rights in the amount of
        the fair market value determined under section 3.
    (b) Enforcement.--The duties of the Secretary under this section
shall be considered nondiscretionary and enforceable in a mandamus
proceeding brought under section 1361 of title 28, United States Code.

SEC. 5. USE OF EXCHANGE BIDDING RIGHTS.

    (a) In General.--Notwithstanding any other provision of law--
            (1) a certificate of bidding rights issued under section
        4(a)(2) shall--
                    (A) be subject to such procedures as the Secretary
                may establish pertaining to notice of transfer and
                accountings of holders and their balances;
                    (B) be transferable by the holder or holders of the
                certificate of bidding rights in whole or in part; and
                    (C) constitute a monetary credit that, subject to
                paragraph (2), may be applied, at the election of the
                holder or holders of the certificate of bidding rights,
                against--
                            (i) rentals, advance royalties, or
                        production royalties payable to the Secretary
                        under Federal coal leases; and
                            (ii) bonus payments payable to the
                        Secretary in the issuance of a Federal coal
                        lease or Federal coal lease modification under
                        the coal leasing provisions of the Mineral
                        Leasing Act (30 U.S.C. 181 et seq.); and
            (2) in a case in which a certificate of bidding rights
        issued under section 4(a)(2) is applied by the holder or
        holders of the certificate of bidding rights as a monetary
        credit against a payment obligation under a Federal coal lease,
        the holder or holders--
                    (A) may apply the bidding rights only against 50
                percent of the amount payable under the lease; and
                    (B) shall pay the remaining 50 percent as provided
                for under the lease in cash or cash equivalent.
    (b) Payment Under Lease Obligations.--Any payment of a Federal coal
lease obligation by the holder or holders of a certificate of bidding
rights issued under section 4(a)(2)--
            (1) shall be treated as money received under section 35 of
        the Mineral Leasing Act (30 U.S.C. 191); but
            (2) shall be credited and redistributed by the Secretary
        only as follows:
                    (A) 50 percent of the amount paid in cash or its
                equivalent shall be--
                            (i) distributed to the State in which the
                        lease is located; and
                            (ii) treated as a redistribution under
                        section 35 of the Mineral Leasing Act (30
                        U.S.C. 191).
                    (B) 50 percent of the amount paid through a
                crediting of the bidding rights involved shall be
                treated as a payment that is subject to redistribution
                under that section to the Reclamation and Miscellaneous
                Receipts accounts in the Treasury.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bond Transparency Act of 2014''.

SEC. 2. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN
              MUNICIPAL SECURITIES.

    Section 15B of the Securities Exchange Act of 1934 (15 U.S.C. 78o-
4) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Markup Disclosure in Riskless Principal Transactions.--
            ``(1) Definition.--In this subsection, the term `riskless
        principal transaction' means--
                    ``(A) a transaction in which a broker, dealer, or
                municipal securities dealer receives a customer order
                to buy or sell any municipal securities and, after
                receiving the customer order, buys the municipal
                securities from, or sells the municipal securities to,
                another person, while acting as principal for its own
                account, to complete the customer order; and
                    ``(B) any other transaction the Commission
                identifies by rule as a riskless principal transaction.
            ``(2) Disclosure required.--A broker, dealer, or municipal
        securities dealer that effects a riskless principal transaction
        shall disclose to the customer, in writing, at or before the
        time of completion of the transaction, the amount of the
        difference between--
                    ``(A) the customer's purchase price and the
                broker's, dealer's or municipal securities dealer's
                purchase price; or
                    ``(B) the customer's sale price and the broker's,
                dealer's, or municipal securities dealer's sale
                price.''.

SEC. 3. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN
              CORPORATE DEBT SECURITIES.

    Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o)
is amended by adding at the end the following:
    ``(p) Markup Disclosure in Riskless Principal Transactions in
Corporate Debt Securities.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `specified debt security'--
                            ``(i) means any security that--
                                    ``(I) evidences a liability of the
                                issuer (including any such security
                                that is convertible into stock or
                                similar security), including bonds,
                                debentures, notes, or any similar
                                instruments, and any fractional or
                                participation interests in any of the
                                foregoing; and
                                    ``(II) constitutes--
                                            ``(aa) United States
                                        dollar-denominated securities
                                        issued by the United States or
                                        a foreign private issuer; or
                                            ``(bb) any other security
                                        the Commission identifies by
                                        rule as a specified debt
                                        security for the purposes of
                                        this subsection; and
                            ``(ii) does not include a municipal
                        security, as defined in section 3(a)(29) of
                        this Act; and
                    ``(B) the term `riskless principal transaction'
                means--
                            ``(i) a transaction in which a broker or
                        dealer receives a customer order to buy or sell
                        any specified debt securities and, after
                        receiving the customer order, buys the
                        specified debt securities from, or sells the
                        specified debt securities to, another person,
                        while acting as principal for its own account,
                        to complete the customer order; and
                            ``(ii) any other transaction the Commission
                        identifies by rule as a riskless principal
                        transaction.
            ``(2) Disclosure required.--A broker or dealer that effects
        a riskless principal transaction shall disclose to the
        customer, in writing, at or before the time of completion of
        the transaction, the amount of the difference between--
                    ``(A) the customer's purchase price and the
                broker's or dealer's purchase price; or
                    ``(B) the customer's sale price and the broker's or
                dealer's sale price.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Crossing Deterrence Act of
2008''.

SEC. 2. EXPANSION OF OPERATION STREAMLINE.

    (a) In General.--Not later than December 31, 2009, the Secretary of
Homeland Security, in Cooperation with the Attorney General, shall
expand Operation Streamline (the zero-tolerance prosecution policy for
illegal entry and reentry) to all 20 border sectors.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated $500,000,000 for each of the fiscal years 2009 through
2018 to carry out this section.

SEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
            (1) by redesignating subsections (c) and (d) as subsections
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is
apprehended while entering, or attempting to enter, the United States
at a time and place other than as designated by immigration offices--
            ``(1) in the case of a first violation of subsection (a),
        shall be sentenced to a term of imprisonment of not less than
        10 days and not more than 364 days;
            ``(2) in the case of a second violation of subsection (a),
        shall be sentenced to a term of imprisonment of not less than
        60 days and not more than 2 years; and
            ``(3) in the case of a third or subsequent violation of
        subsection (a), shall be sentenced to a term of imprisonment of
        not less than 90 days and not more than 3 years.''.

SEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY.

    Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
and imprisoned not less than 90 days and not more than 2 years.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
prescribed under subsection (a), an alien described in that subsection
who was--
            ``(1) convicted for 3 or more misdemeanors or a felony
        before such removal or departure, shall be fined under title
        18, United States Code, and imprisoned for not less than 1 year
        and not more than 10 years;
            ``(2) convicted for a felony before such removal or
        departure for which the alien was sentenced to a term of
        imprisonment of not less than 30 months, shall be fined under
        such title, and imprisoned for not less than 2 years and not
        more than 15 years;
            ``(3) convicted for a felony before such removal or
        departure for which the alien was sentenced to a term of
        imprisonment of not less than 60 months, shall be fined under
        such title and imprisoned for not less than 4 years and not
        more than 20 years;
            ``(4) convicted for 2 or more felonies before such removal
        or departure, shall be fined under such title and imprisoned
        for not less than 4 years and for not more than 20 years; or
            ``(5) convicted, before such removal or departure, for
        murder, rape, kidnapping, for a felony offense described in
        chapter 77 (relating to peonage and slavery) or 113B (relating
        to terrorism) of such title, shall be fined under such title
        and imprisoned for not less than 5 years and not more than 20
        years.
    ``(c) Reentry After Repeated Removal.--Any alien who, after having
been denied admission, excluded, deported, or removed 2 or more times,
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in the United States, shall be fined
under title 18, United States Code, and imprisoned for not less than 2
years and not more than 10 years.
    ``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described in that
subsection, and the penalties in that subsection shall apply only in
cases in which the conviction or convictions that form the basis for
the additional penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
            ``(1) the alien had sought and received, before the alleged
        violation, the express consent of the Secretary of Homeland
        Security to reapply for admission into the United States;
            ``(2) with respect to an alien previously denied admission
        and removed, the alien--
                    ``(A) was not required to obtain such advance
                consent under the Immigration and Nationality Act or
                under any prior Act; and
                    ``(B) had complied with all other laws and
                regulations governing the alien's admission into the
                United States; or
            ``(3) at the time of the prior exclusion, deportation,
        removal, or denial of admission alleged in the violation, the
        alien--
                    ``(A) was younger than 18 years of age; and
                    ``(B) had not been convicted of a crime or
                adjudicated a delinquent minor by a court of the United
                States, or a court of a State or territory, for conduct
                that would constitute a felony if committed by an
                adult.
    ``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of any prior removal order concerning the alien
unless the alien demonstrates by clear and convincing evidence that--
            ``(1) the alien exhausted all administrative remedies that
        may have been available to seek relief against the order;
            ``(2) the removal proceedings at which the order was issued
        improperly deprived the alien of the opportunity for judicial
        review; and
            ``(3) the entry of the order was fundamentally unfair.
    ``(g) Reentry of Alien Removed Before Completing Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be--
            ``(1) incarcerated for the remainder of the term of
        imprisonment, which was pending at the time of deportation
        without any reduction for parole or supervised release unless
        the alien affirmatively demonstrates that the Secretary of
        Homeland Security has expressly consented to the alien's
        reentry; and
            ``(2) subject to such other penalties relating to the
        reentry of removed aliens as may be available under this
        section or any other provision of law.
    ``(h) Limitation.--An individual who provides an alien with
emergency humanitarian assistance, including emergency medical care and
food, or transports the alien to a location where such assistance can
be rendered without compensation or the expectation of compensation may
not be prosecuted for aiding and abetting a violation of this section
based on the provision of such humanitarian services .
    ``(i) Definitions.--In this section:
            ``(1) Felony.--The term `felony' means any criminal offense
        punishable by a term of imprisonment of more than 1 year under
        the laws of the United States, of any State, or of a foreign
        government.
            ``(2) Misdemeanor.--The term `misdemeanor' means any
        criminal offense punishable by a maximum term of imprisonment
        of not more than 1 year under the applicable laws of the United
        States, of any State, or of a foreign government.
            ``(3) Removal.--The term `removal' includes any denial of
        admission, exclusion, deportation, or removal, or any agreement
        by which an alien stipulates or agrees to exclusion,
        deportation, or removal.
            ``(4) State.--The term `State' means any of the several
        States of the United States, the District of Columbia, and any
        commonwealth, territory, or possession of the United States.''.

SEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR
              INFRASTRUCTURE.

    Section 1361 of title 18, United States Code, is amended--
            (1) by striking ``Whoever'' and inserting the following:
    ``(a) In General.--Whoever''; and
            (2) by adding at the end the following:
    ``(b) Destruction of Border Barriers or Infrastructure.--Any alien
who damages or destroys fencing or infrastructure, such as cameras,
sensors, and vehicle barriers, that has been installed along the
international border of the United States by the United States
Government shall be fined under this title and imprisoned for not less
than 5 years.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Health Security Act of
2015''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States-Mexico border is an interdependent
        and dynamic region of more than 15,000,000 people with
        significant and unique public health challenges.
            (2) These challenges include low rates of health insurance
        coverage, poor access to health care services, high
        unemployment rates, low educational attainment, and high rates
        of dangerous diseases, such as tuberculosis, diabetes, obesity,
        and other non-communicable diseases.
            (3) As the 2009 novel influenza A (H1N1) pandemic
        illustrated, diseases do not respect international boundaries,
        and a strong public health effort at and along the borders is
        crucial to not only protect and improve the health of Americans
        but also to help secure the country against threats to
        biosecurity and other emerging threats.
            (4) For 11 years, the United States-Mexico Border Health
        Commission has served as a crucial binational institution to
        address these unique and truly cross-border health issues.
            (5) More than 75 percent of Canadians live within 100 miles
        of the United States border. The 2003 epidemic of severe acute
        respiratory syndrome caused more than 250 illnesses in the
        Greater Toronto Area, just 80 miles from New York.

SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.

    The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended--
            (1) in section 3--
                    (A) in paragraph (1), by striking ``; and'' and
                inserting ``;'';
                    (B) in paragraph (2), by striking the period and
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) to cooperate with the Canada-United States Pan-Border
        Public Health Preparedness Council (referred to in this Act as
        the `Council'), as appropriate; and
            ``(4) to serve as an independent and objective body to both
        recommend and implement initiatives that solve border health
        issues.'';
            (2) in section 5--
                    (A) in subsection (b), by striking ``should be the
                leader'' and inserting ``shall be the Chair''; and
                    (B) by adding at the end the following:
    ``(d) Providing Advice and Recommendations.--Members of the
Commission and the Council may at any time provide advice or
recommendations to the Secretary, Congress, or any Member of Congress
concerning issues that are considered by the Commission or Council.
Such advice or recommendations may be provided regardless of whether a
request for such is made and regardless of whether the member or
individual is authorized to provide such advice or recommendations by
the Commission or Council or any other Federal official.'';
            (3) by redesignating section 8 as section 12;
            (4) by striking section 7 and inserting the following:

``SEC. 7. BORDER HEALTH GRANTS.

    ``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, public institution of higher education, local
government, Indian tribe, tribal organization, urban Indian
organization, nonprofit health organization, trauma center, critical
access hospital or other hospital that serves rural or other vulnerable
communities and populations, faith-based entity, or community health
center receiving assistance under section 330 of the Public Health
Service Act (42 U.S.C. 254b), that is located in the United States-
Mexico border area or the United States-Canada border area.
    ``(b) Authorization.--From amounts appropriated under section 11,
the Secretary, in consultation with members of the Commission and
Council and in coordination with the Office of Global Affairs, shall
award grants to eligible entities to address priorities and
recommendations outlined by the strategic plan and operational work
plan of the Commission and the Council, as authorized under section 9,
to improve the health of United States-Mexico border area and United
States-Canada border area residents.
    ``(c) Application.--An eligible entity that desires a grant under
subsection (b) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
    ``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds for any of the following:
            ``(1) Programs relating to any one or more of the
        following:
                    ``(A) Maternal and child health.
                    ``(B) Primary care and preventative health.
                    ``(C) Infectious disease testing, monitoring, and
                surveillance.
                    ``(D) Public health and public health
                infrastructure.
                    ``(E) Health promotion.
                    ``(F) Oral health.
                    ``(G) Behavioral and mental health.
                    ``(H) Substance abuse prevention and harm
                reduction.
                    ``(I) Health conditions that have a high prevalence
                in the United States-Mexico border area or United
                States-Canada border area.
                    ``(J) Medical and health services research.
                    ``(K) Workforce training and development.
                    ``(L) Community health workers and promotoras.
                    ``(M) Health care infrastructure problems in the
                United States-Mexico border area or United States-
                Canada border area (including planning and construction
                grants).
                    ``(N) Health disparities in the United States-
                Mexico border area or United States-Canada border area.
                    ``(O) Environmental health.
                    ``(P) Health education.
                    ``(Q) Outreach and enrollment services with respect
                to Federal programs (including programs authorized
                under titles XIX and XXI of the Social Security Act (42
                U.S.C. 1396 et seq. and 1397aa et seq.)).
                    ``(R) Trauma care.
                    ``(S) Health research with an emphasis on
                infectious disease and pressing issues related to
                noncommunicable diseases.
                    ``(T) Epidemiology and health research.
                    ``(U) Cross-border health surveillance coordinated
                with Mexican Health Authorities or Canadian Health
                Authorities.
                    ``(V) Obesity, particularly childhood obesity.
                    ``(W) Crisis communication, domestic violence,
                health literacy, or cancer.
                    ``(X) Community-based participatory research on
                border health issues.
                    ``(Y) Violence prevention.
                    ``(Z) Cross-border public health preparedness.
            ``(2) Other programs determined appropriate by the
        Secretary.
    ``(e) Supplement, Not Supplant.--Amounts provided to an eligible
entity awarded a grant under subsection (b) shall be used to supplement
and not supplant other funds available to the eligible entity to carry
out the activities described in subsection (d).

``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE
              (EWIDS) IN THE BORDER AREA.

    ``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, local government, Indian tribe, tribal
organization, urban Indian organization, trauma center, regional trauma
center coordinating entity, or public health entity.
    ``(b) Authorization.--From funds appropriated under section 11, the
Secretary shall award grants for Early Warning Infectious Disease
Surveillance (EWIDS) to eligible entities for infectious disease
surveillance activities in the United States-Mexico border area or
United States-Canada border area.
    ``(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
    ``(d) Uses of Funds.--An eligible entity that receives a grant
under subsection (b) shall use the grant funds, in coordination with
State and local all hazards programs, to--
            ``(1) develop and implement infectious disease surveillance
        plans and networks and public health emergency and readiness
        assessments and preparedness plans, and purchase items
        necessary for such plans;
            ``(2) coordinate infectious disease surveillance planning
        and interjurisdictional risk assessments in the region with
        appropriate United States-based agencies and organizations and
        appropriate authorities in Mexico or Canada;
            ``(3) improve infrastructure, including surge capacity,
        syndromic surveillance, and isolation/decontamination capacity,
        and policy preparedness, including for mutual assistance and
        for the sharing of information and resources;
            ``(4) improve laboratory capacity, in order to maintain and
        enhance capability and capacity to detect potential infectious
        disease, whether naturally occurring or the result of
        terrorism;
            ``(5) create and maintain a health alert network, including
        risk communication and information dissemination that is
        culturally competent and takes into account the needs of at-
        risk populations, including individuals with disabilities;
            ``(6) educate and train clinicians, epidemiologists,
        laboratories, and emergency management personnel;
            ``(7) implement electronic data and infrastructure
        inventory systems to coordinate the triage, transportation, and
        treatment of multicasualty incident victims;
            ``(8) provide infectious disease testing in the United
        States-Mexico border area or United States-Canada border area;
        and
            ``(9) carry out such other activities identified by the
        Secretary, members of the Commission, members of the Council,
        State or local public health authorities, representatives of
        border health offices, or authorities at the United States-
        Mexico or United States-Canada borders.

``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.

    ``(a) Strategic Plan.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of this section, and every 5 years thereafter, the
        Commission (including the participation of members representing
        both the United States and Mexican sections) and the Council
        (including the participation of members representing both the
        United States and Canada) shall each prepare a binational
        strategic plan to guide the operations of the Commission and
        the Council and submit such plan to the Secretary and Congress.
            ``(2) Requirements.--The binational strategic plan under
        paragraph (1) shall include--
                    ``(A) health-related priority areas determined most
                important by the full membership of the Commission or
                Council, as applicable;
                    ``(B) recommendations for goals, objectives,
                strategies, and actions designed to address such
                priority areas; and
                    ``(C) a proposed evaluation framework with output
                and outcome indicators appropriate to gauge progress
                toward meeting the objectives and priorities of the
                Commission or Council, as applicable.
    ``(b) Work Plan.--Not later than January 1, 2017, and every 2 years
thereafter, the Commission and the Council shall develop and approve an
operational work plan and budget based on the strategic plan under
subsection (a).
    ``(c) GAO Review.--Not later than January 1, 2018, and every 2
years thereafter, the Comptroller General of the United States shall
conduct an evaluation of the activities conducted by the Commission and
the Council based on the operational work plans described in subsection
(b) for the previous year and the output and outcome indicators
included in the strategic plan described in subsection (a). The
evaluation shall include a request for written evaluations from members
of the Commission and the Council about barriers and facilitators to
executing successfully the work plans of the Commission and the
Council.
    ``(d) Biannual Reporting.--The Commission and Council shall each
issue a biannual report to the Secretary that provides independent
policy recommendations related to border health issues. Not later than
3 months following receipt of each such biannual report, the Secretary
shall provide to Congress the report and any studies or other materials
produced independently by the Commission and Council.
    ``(e) Audits.--The Secretary shall annually prepare an audited
financial report to account for all appropriated assets expended by the
Commission and Council to address both the strategic and operational
work plans for the year involved.
    ``(f) By-Laws.--Not later than 6 months after the date of enactment
of this section, the Commission and Council shall develop and approve
bylaws to provide fully for compliance with the requirements of this
section.
    ``(g) Transmittal to Congress.--The Commission and Council shall
submit copies of the operational work plan and by-laws to Congress. The
Comptroller General of the United States shall submit a copy of each
evaluation completed under subsection (c) to Congress.

``SEC. 10. COORDINATION.

    ``(a) In General.--To the extent practicable and appropriate,
plans, systems, and activities to be funded (or supported) under this
Act for all hazard preparedness, and general border health, shall be
coordinated with Federal, State, and local authorities in Mexico,
Canada, and the United States.
    ``(b) Coordination of Health Services and Surveillance.--The
Secretary, acting through the Assistant Secretary for Preparedness and
Response, when appropriate, may coordinate with the Secretary of
Homeland Security in establishing a health alert system that--
            ``(1) alerts clinicians and public health officials of
        emerging disease clusters and syndromes along the United
        States-Mexico border area and United States-Canada border area;
        and
            ``(2) warns of health threats, extreme weather conditions,
        disasters of mass scale, bioterrorism, and other emerging
        threats along the United States-Mexico border area and United
        States-Canada border area.

``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this Act
$7,000,000 for fiscal year 2017 and each succeeding year, subject to
the availability of appropriations for such purpose, of which
$4,650,000 shall be made available to fund operationally feasible
functions, activities, and grants with respect to the United States-
Mexico border and the border health activities under cooperative
agreements with the border health offices of the States of California,
Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for
the administration of United States activities under this Act on the
United States-Canada border and the border health authorities, acting
through the Canada-United States Pan-Border Public Health Preparedness
Council.''; and
            (5) in section 12 (as so redesignated)--
                    (A) by redesignating paragraphs (3) and (4) as
                paragraphs (4) and (6), respectively;
                    (B) by inserting after paragraph (2), the
                following:
            ``(3) Indians; indian tribe; tribal organization; urban
        indian organization.--The terms `Indian', `Indian tribe',
        `tribal organization', and `urban Indian organization' have the
        meanings given such terms in section 4 of the Indian Health
        Care Improvement Act (25 U.S.C. 1603).''; and
                    (C) by inserting after paragraph (4), as so
                redesignated, the following:
            ``(5) United states-canada border area.--The term `United
        States-Canada border area' means the area located in the United
        States and Canada within 100 kilometers of the border between
        the United States and Canada.''.