[Congressional Record Volume 163, Number 188 (Thursday, November 16, 2017)]
[Senate]
[Pages S7298-S7303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

                                 ______
                                 
      By Mr. VAN HOLLEN (for himself, Mr. Kaine, Mrs. Capito, Mr. 
        Casey, Mr. Manchin, Mr. Cardin, Mr. Warner, Mr. Carper, Mr. 
        Coons, and Mrs. Gillibrand):
  S. 2139. A bill to amend the Food Security Act of 1985 to address 
critical conservation conditions under the regional conservation 
partnership program, and for other purposes; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mr. VAN HOLLEN. Mr. President, today I am introducing the Chesapeake 
Bay Farm Bill Enhancements Act of 2017 to accelerate our efforts to 
restore the health of one of America's greatest natural treasures--the 
Chesapeake Bay. This legislation will strengthen our Bay clean-up 
program by increasing and better targeting resources under the Regional 
Conservation Partnership Program (RCPP), which is administered by the 
Department of Agriculture (USDA).
  I have long advocated for more effective protection, preservation, 
and restoration of the Chesapeake Bay. During the development of the 
Farm Bill of 2008, I worked with my colleagues to adopt the Chesapeake 
Bay Watershed Initiative, which provided assistance to farmers to help 
them prevent the excessive runoff of nutrients and sediments into the 
Bay and its tributaries. As a result of that initiative, about $50 
million was invested annually in the Chesapeake Bay watershed.
  In the 2014 Farm Bill, the RCPP was established to expand the 
successful concept of the Chesapeake Bay Initiative to our vital 
watersheds in the country. The goal of RCPP is to encourage 
stakeholders to partner with agricultural producers to increase the 
restoration and sustainable use of soil, water, wildlife and related 
natural resources on regional or watershed scales.
  Mr. President, while very successful nationally, the overall 
investment in Chesapeake Bay restoration efforts through the RCPP has 
been reduced relative to investments that were made under the stand-
alone Chesapeake Bay Watershed Initiative. That is why today I am 
introducing the Chesapeake Bay Farm Bill Enhancements Act to make 
refinements to the RCPP in order to improve conservation efforts in the 
Chesapeake Bay--and other vital watersheds--through providing 
additional funding, bolstering the role of critical conservation areas, 
and improving technical assistance.
  On funding, this bill will triple the amount of mandatory funding for 
RCPP available per fiscal year from $100 million to $300 million. The 
bill also allows in-kind support to count towards a partner's matching 
contribution to a project.
  The Chesapeake Bay has already been designated as a Critical 
Conservation Area under the RCPP. However, my bill will make 
refinements to the requirements for partnership agreements awarded 
within Critical Conservation Areas that recognize key

[[Page S7299]]

strengths of the Chesapeake Bay region. For example, the bill will 
strengthen the definitions of a critical conservation area to include 
critical conservation conditions that would improve water quality and 
water quantity. Furthermore, the bill adds a prioritization for 
partnership agreement applications that implement the project 
consistent with multi-State watershed restoration plans and bring 
together a diverse array of stakeholders into a project.
  I have heard from many organizations in my state and others states in 
the Bay watershed that there is a significant need for better technical 
assistance to better implement the RCPP. Therefore, my bill authorizes 
the USDA to advance reasonable amounts of funding to eligible partners 
for technical assistance. Also, the bill allows the USDA to provide 
written feedback to applicants throughout the application process on 
how the proposals can be improved.
  Mr. President, I am pleased to be joined in introducing the bill by 
Senator Cardin, a long-time supporter of the Chesapeake Bay. My other 
Bay state colleagues, Senators Capito, Kaine, Casey, Manchin, Warner, 
Carper, Coons and Gillibrand are also original cosponsors of the 
Chesapeake Bay Farm Bill Enhancements Act. My former colleague 
Congressman Bobby Scott is introducing a companion measure in the House 
of Representatives. Furthermore, I am grateful that this bill has the 
support of Maryland Governor Hogan, 4 other Governors within the 
Chesapeake Bay Watershed, the Mayor of the District of Columbia, and 
the Chesapeake Bay Commission. This bill is also supported by over 70 
organizations such as the Chesapeake Bay Foundation, and Choose Clean 
Water. Together, I look forward to working together to see the 
inclusion of this important legislation in the next Farm Bill.
                                 ______
                                 
      By Mr. RISCH:
  S. 2140. A bill to provide for an exchange of Federal land and non-
Federal land in the State of Idaho, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. RISCH. Mr. President, I rise today to introduce the Blackrock 
Land Exchange Act of 2017.
  The legislation supports a mutually beneficial effort between the 
Bureau of Land Management and the J.R. Simplot Company in Idaho that 
began over 20 years ago. Simplot proposed an exchange of their 
privately owned land with superior natural resources and recreational 
opportunities for a similar sized parcel of BLM land adjacent to a 
Simplot phosphate processing facility. This facility adds significant 
value to the Pocatello, Idaho area as a large employer that sustains 
over 350 jobs with an over $55 million annual economic impact.
  In 2007, BLM issued a Final Decision Record on the Environmental 
Assessment concluding the exchange would have no significant 
environmental impact, which was reaffirmed in 2009 by the Department of 
Interior Board of Land Appeals. However, the exchange has been held up 
since 2011 due to the District Court for Idaho ruling that BLM needed 
to prepare a full Environmental Impact Statement including detailed 
future use to comply with the National Environmental Policy Act of 
1969.
  This raises the possibility of a dangerous precedent for future land 
conveyances, as the exchange itself does not authorize further 
activities. Future use of the proposed adjacent land by the phosphate 
facility would still be subject to NEPA with opportunity for public 
comment. Halting the Blackrock Land Exchange for this reason could 
largely increase the scope, length, and cost of the NEPA process.
  This bill will allow for this exchange in Idaho that has support 
from--State and local government as well as various land users. It will 
also protect future exchanges from cycles of unnecessary review and 
litigation. The Blackrock Land Exchange Act of 2017 is in the best 
interest of Idaho land users, local economies, and future utilization 
of government land.
  Thank you, Mr. President. I yield the floor.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Booker, Mr. 
        Cardin, Mr. Coons, Ms. Duckworth, Mr. Franken, Mrs. Gillibrand, 
        Ms. Klobuchar, Mrs. Murray, Mr. Van Hollen, Mr. Whitehouse, and 
        Mr. Schatz):
  S. 2148. A bill to authorize dedicated domestic terrorism offices 
within the Department of Homeland Security, the Department of Justice, 
and the Federal Bureau of Investigation to analyze and monitor domestic 
terrorist activity and require the Federal Government to take steps to 
prevent domestic terrorism; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2148

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Domestic Terrorism 
     Prevention Act of 2017''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) White supremacists and other right-wing extremists are 
     the most significant domestic terrorism threat facing the 
     United States.
       (2) A 2009 report from the Extremism and Radicalization 
     Branch of the Department of Homeland Security concluded 
     ``that lone wolves and small terrorist cells embracing 
     violent right-wing extremist ideology are the most dangerous 
     domestic terrorism threat in the United States''.
       (3) An unclassified May 2017 joint intelligence bulletin 
     from the Federal Bureau of Investigation and the Department 
     of Homeland Security found that ``white supremacist extremism 
     poses [a] persistent threat of lethal violence,'' and that 
     white supremacists ``were responsible for 49 homicides in 26 
     attacks from 2000 to 2016 . . . more than any other domestic 
     extremist movement''.
       (4) According to the New America Foundation, since 
     September 11, 2001, 76 Americans have died in terrorist 
     attacks by domestic extremists in the United States. 89 
     percent were killed by far-right-wing extremists.
       (5) The fatal attacks described in paragraph (4) include--
       (A) the August 5, 2012, mass shooting at a Sikh gurdwara in 
     Oak Creek, Wisconsin, in which a white supremacist shot and 
     killed 6 members of the gurdwara;
       (B) the April 13, 2014, mass shooting at a Jewish community 
     center and a Jewish assisted living facility in Overland 
     Park, Kansas, in which a neo-Nazi shot and killed 3 
     civilians, including a 14-year-old teenager;
       (C) the June 8, 2014, ambush in Las Vegas, Nevada, in which 
     2 supporters of the far right-wing ``patriot'' movement shot 
     and killed 2 police officers and a civilian;
       (D) the June 17, 2015, mass shooting at the Emanuel AME 
     Church in Charleston, South Carolina, in which a white 
     supremacist shot and killed 9 members of the church;
       (E) the November 27, 2015, mass shooting at a Planned 
     Parenthood clinic in Colorado Springs, Colorado, in which an 
     anti-abortion extremist shot and killed a police officer and 
     2 civilians;
       (F) the March 20, 2017, murder of an African-American man 
     in New York City, allegedly committed by a white supremacist 
     who reportedly traveled to New York ``for the purpose of 
     killing black men'';
       (G) the May 26, 2017, attack in Portland, Oregon, in which 
     a white supremacist allegedly murdered 2 men and injured a 
     third after the men defended 2 young women whom the 
     individual had targeted with anti-Muslim hate speech; and
       (H) the August 12, 2017, attack in Charlottesville, 
     Virginia, in which a white supremacist allegedly killed 1 and 
     injured 19 after driving his car through a crowd of 
     individuals protesting a neo-Nazi rally, and of which 
     Attorney General Jeff Sessions said, ``It does meet the 
     definition of domestic terrorism in our statute.''.
       (6) The Anti-Defamation League's Center on Extremism found 
     that right-wing extremists were responsible for 150 terrorist 
     acts, attempted acts, and plots and conspiracies that took 
     place in the United States between 1993 and 2017. These 
     attacks resulted in the deaths of 255 people and injured more 
     than 600.
       (7) According to the Southern Poverty Law Center, in 2015, 
     for the first time in 5 years, the number of hate groups in 
     the United States rose by 14 percent. The increase included a 
     more than twofold rise in the number of Ku Klux Klan 
     chapters. The number of anti-government militias and 
     ``patriot'' groups also grew by 14 percent in 2015.
       (8) In November 2017, the Federal Bureau of Investigation 
     released its annual hate crime incident report, which found 
     that in 2016, hate crimes increased by almost 5 percent, 
     including a 19 percent rise in hate crimes against American 
     Muslims. Similarly, the previous year's report found that in 
     2015, hate crimes increased by 6 percent. Much of that 
     increase came from a 66 percent rise in attacks on American 
     Muslims. In both reports, race-based crimes were most 
     numerous; more than 50 percent of those hate crimes targeted 
     African Americans.
       (9) In January 2017, a right-wing extremist who had 
     expressed anti-Muslim views was

[[Page S7300]]

     charged with murder for allegedly killing 6 people and 
     injuring 19 in a shooting rampage at a mosque in Quebec City, 
     Canada. It was the first-ever mass shooting at a mosque in 
     North America, and Prime Minister Trudeau labeled it a 
     terrorist attack.
       (10) Between January and July 2017, news reports found 63 
     incidents in which American mosques were targeted by threats, 
     vandalism, or arson.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the term ``Director'' means the Director of the Federal 
     Bureau of Investigation;
       (2) the term ``domestic terrorism'' has the meaning given 
     the term in section 2331 of title 18, United States Code;
       (3) the term ``Domestic Terrorism Executive Committee'' 
     means the committee within the Department of Justice tasked 
     with assessing and sharing information about ongoing domestic 
     terrorism threats; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.

     SEC. 4. OFFICES TO COMBAT DOMESTIC TERRORISM.

       (a) Authorization of Offices to Monitor, Analyze, 
     Investigate, and Prosecute Domestic Terrorism.--
       (1) Domestic terrorism unit.--There is authorized a 
     Domestic Terrorism Unit in the Office of Intelligence and 
     Analysis of the Department of Homeland Security, which shall 
     be responsible for monitoring and analyzing domestic 
     terrorism activity.
       (2) Domestic terrorism office.--There is authorized a 
     Domestic Terrorism Office in the Counterterrorism Section of 
     the National Security Division of the Department of Justice--
       (A) which shall be responsible for investigating and 
     prosecuting incidents of domestic terrorism; and
       (B) which shall be headed by the Domestic Terrorism 
     Counsel.
       (3) Domestic terrorism section of the fbi.--There is 
     authorized a Domestic Terrorism Section within the 
     Counterterrorism Division of the Federal Bureau of 
     Investigation, which shall be responsible for investigating 
     domestic terrorism activity.
       (b) Joint Report on Domestic Terrorism.--
       (1) Annual report required.--Not later than 180 days after 
     the date of enactment of this Act, and each year thereafter, 
     the Secretary of Homeland Security, the Attorney General, and 
     the Director of the Federal Bureau of Investigation shall 
     submit a joint report authored by the domestic terrorism 
     offices authorized under paragraphs (1), (2), and (3) of 
     subsection (a) to--
       (A) the Committee on the Judiciary, the Committee on 
     Homeland Security and Governmental Affairs, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on the Judiciary, the Committee on 
     Homeland Security, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an assessment of the domestic terrorism threat posed by 
     white supremacists, including white supremacist infiltration 
     and recruitment of law enforcement officers and members of 
     the Armed Forces;
       (B)(i) in the first report, an analysis of incidents or 
     attempted incidents of domestic terrorism that have occurred 
     in the United States since April 19, 1995; and
       (ii) in each subsequent report, an analysis of incidents or 
     attempted incidents of domestic terrorism that occurred in 
     the United States during the preceding year; and
       (C) a quantitative analysis of domestic terrorism for the 
     preceding year, including the number of--
       (i) domestic terrorism related assessments initiated by the 
     Federal Bureau of Investigation, including the number of 
     assessments from each classification and subcategory;
       (ii) domestic terrorism related preliminary investigations 
     initiated by the Federal Bureau of Investigation, including 
     the number of preliminary investigations from each 
     classification and subcategory, and how many preliminary 
     investigations resulted from assessments;
       (iii) domestic terrorism related full investigations 
     initiated by the Federal Bureau of Investigation, including 
     the number of full investigations from each classification 
     and subcategory, and how many full investigations resulted 
     from preliminary investigations and assessments;
       (iv) domestic terrorism related incidents, including the 
     number of incidents from each classification and subcategory, 
     the number of deaths and injuries resulting from each 
     incident, and a detailed explanation of each incident;
       (v) Federal domestic terrorism related arrests, including 
     the number of arrests from each classification and 
     subcategory, and a detailed explanation of each arrest;
       (vi) Federal domestic terrorism related indictments, 
     including the number of indictments from each classification 
     and subcategory, and a detailed explanation of each 
     indictment;
       (vii) Federal domestic terrorism related prosecutions, 
     including the number of incidents from each classification 
     and subcategory, and a detailed explanation of each 
     prosecution;
       (viii) Federal domestic terrorism related convictions, 
     including the number of convictions from each classification 
     and subcategory, and a detailed explanation of each 
     conviction; and
       (ix) Federal domestic terrorism related weapons recoveries, 
     including the number of each type of weapon and the number of 
     weapons from each classification and subcategory.
       (3) Classification and public release.--Each report 
     submitted under paragraph (1) shall be--
       (A) unclassified, to the greatest extent possible, with a 
     classified annex only if necessary; and
       (B) in the case of the unclassified portion of the report, 
     posted on the public websites of the Department of Homeland 
     Security, the Department of Justice, and the Federal Bureau 
     of Investigation.
       (c) Domestic Terrorism Executive Committee.--There is 
     authorized a Domestic Terrorism Executive Committee, which 
     shall--
       (1) meet on a regular basis, and not less regularly than 4 
     times each year, to coordinate with United States Attorneys 
     and other key public safety officials across the country to 
     promote information sharing and ensure an effective, 
     responsive, and organized joint effort to combat domestic 
     terrorism; and
       (2) be co-chaired by--
       (A) the Domestic Terrorism Counsel authorized under 
     subsection (a)(2)(B);
       (B) a United States Attorney or Assistant United States 
     Attorney;
       (C) a member of the National Security Division of the 
     Department of Justice; and
       (D) a member of the Federal Bureau of Investigation.
       (d) Focus on Greatest Threats.--The domestic terrorism 
     offices authorized under paragraphs (1), (2), and (3) of 
     subsection (a) shall focus their limited resources on the 
     most significant domestic terrorism threats, as determined by 
     the number of domestic terrorism related incidents from each 
     category and subclassification in the joint report for the 
     preceding year required under subsection (b).

     SEC. 5. TRAINING TO COMBAT DOMESTIC TERRORISM.

       (a) Required Training and Resources.--The State and Local 
     Anti-Terrorism Program, funded by the Bureau of Justice 
     Assistance of the Department of Justice, shall include 
     training and resources to assist State, local, and tribal law 
     enforcement officers in understanding, detecting, deterring, 
     and investigating acts of domestic terrorism. The training 
     shall focus on the most significant domestic terrorism 
     threats, as determined by the quantitative analysis in the 
     joint report required under section 4(b).
       (b) Requirement.--Any individual who provides domestic 
     terrorism training required under this section shall have--
       (1) expertise in domestic terrorism; and
       (2) relevant academic, law enforcement, or other experience 
     in matters related to domestic terrorism.
       (c) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and once each year thereafter, the 
     Director of the Bureau of Justice Assistance shall submit an 
     annual report to the committees of Congress described in 
     section 4(b)(1) on the domestic terrorism training 
     implemented under this section, which shall include copies of 
     all training materials used and the names and qualifications 
     of the individuals who provide the training.
       (2) Classification.--Each report submitted under paragraph 
     (1) shall be unclassified, to the greatest extent possible, 
     with a classified annex only if necessary.

     SEC. 6. COMBATTING DOMESTIC TERRORISM THROUGH JOINT TERRORISM 
                   TASK FORCES AND FUSION CENTERS.

       (a) In General.--The joint terrorism task forces of the 
     Federal Bureau of Investigation and State, local, and 
     regional fusion centers, as established under section 210A of 
     the Homeland Security Act of 2002 (6 U.S.C. 124h), shall 
     each, in coordination with the Domestic Terrorism Executive 
     Committee and the domestic terrorism offices authorized under 
     paragraphs (1), (2), and (3) of section 4(a) of this Act--
       (1) share intelligence to address domestic terrorism 
     activities;
       (2) conduct an annual, intelligence-based assessment of 
     domestic terrorism activities in their jurisdictions; and
       (3) formulate and execute a plan to address and combat 
     domestic terrorism activities in their jurisdictions.
       (b) Requirement.--The activities required under subsection 
     (a) shall focus on the most significant domestic terrorism 
     threats, as determined by the number of domestic terrorism 
     related incidents from each category and subclassification in 
     the joint report for the preceding year required under 
     section 4(b).

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of Justice, the Federal Bureau of Investigation, and the 
     Department of Homeland Security such sums as may be necessary 
     to carry out this Act.
                                 ______
                                 
      By Mr. DAINES (for himself and Mr. Tester):
  S. 2149. A bill to make a technical correction to the provision of 
law authorizing a withdrawal and reservation of public land at 
Limestone Hills Training Area, Montana; to the Committee on Armed 
Services.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.

[[Page S7301]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2149

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TECHNICAL CORRECTION TO WITHDRAWAL AND RESERVATION 
                   OF PUBLIC LAND AUTHORITY, LIMESTONE HILLS 
                   TRAINING AREA, MONTANA.

       Section 2931(b) of the Military Construction Authorization 
     Act for Fiscal Year 2014 (division B of Public Law 113-66; 
     127 Stat. 1031) is amended by striking ``18,644 acres in 
     Broadwater County, Montana, generally depicted as `Proposed 
     Land Withdrawal' on the map entitled `Limestone Hills 
     Training Area Land Withdrawal', dated April 10, 2013'' and 
     inserting ``18,964 acres in Broadwater County, Montana, 
     generally depicted as `Limestone Hills Training Area Land 
     Withdrawal' on the map entitled `Limestone Hills Training 
     Area Land Withdrawal', dated May 11, 2017''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. King, Mr. Brown, Mr. Franken, Ms. 
        Hassan, and Ms. Harris):
  S. 2157. A bill to require drug manufacturers to disclose the prices 
of prescription drugs in any direct-to-consumer advertising and 
marketing to practitioners of a drug; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2157

         Be it enacted by the Senate and House of Representatives 
     of the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

         This Act may be cited as the ``Drug-Price Transparency in 
     Communications Act''.

     SEC. 2. FINDINGS.

         Congress finds as follows:
         (1) Direct-to-consumer advertising of prescription 
     pharmaceuticals is legal in only 2 developed countries, the 
     United States and New Zealand.
         (2) Direct-to-consumer advertising of prescription 
     pharmaceuticals is designed to cause patients to pressure 
     physicians to prescribe certain medications.
         (3) In 2015, pharmaceutical companies spent more than 
     $100,000,000 on advertising with respect to each of 16 brand-
     name drugs, primarily new and expensive drugs.
         (4) Prescription rates of medications advertised directly 
     to consumers have increased by 34.2 percent compared to a 5.1 
     percent increase in other pharmaceuticals.
         (5) Prescription pharmaceuticals cost more in the United 
     States than they do in any other country.
         (6) The American Medical Association has passed 
     resolutions calling for the ban of direct-to-consumer 
     advertising of prescription pharmaceuticals, and to require 
     price transparency in any direct-to-consumer advertising.
         (7) The amount of spending by pharmaceutical companies in 
     marketing to health care providers is more than 4 times the 
     spending for direct-to-consumer advertising.
         (8) Health care providers are more likely to prescribe a 
     certain drug if they have received payments or marketing 
     materials from the manufacturer of that drug.

     SEC. 3. PRICE DISCLOSURE REQUIREMENT FOR DIRECT-TO-CONSUMER 
                   DRUG ADVERTISEMENTS.

         (a) In General.--Section 303(g)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 333(g)(1)) is amended--
         (1) by striking ``(A)'' and inserting ``(i)'';
         (2) by striking ``(B)'' and inserting (ii);
         (3) by striking ``(1) With respect'' and inserting 
     ``(1)(A) With respect'';
         (4) by striking ``this paragraph'' each place it appears 
     and inserting ``this subparagraph'';
         (5) by striking ``No other civil monetary penalties in 
     this Act (including the civil penalty in section 303(f)(4))'' 
     and inserting ``No civil monetary penalties (including the 
     civil penalty in section 303(f)(4)), other than the penalties 
     under this subparagraph and subparagraph (B)''; and
         (6) by adding at the end the following:
         ``(B) With respect to a person who is a holder of an 
     approved application under section 505 for a drug subject to 
     section 503(b) or under section 351 of the Public Health 
     Service Act, any such person who disseminates or causes 
     another party to disseminate a direct-to-consumer 
     advertisement that does not include the wholesale acquisition 
     cost (as defined in section 1847A(c)(6)(B) of the Social 
     Security Act) for a 30-day supply of the drug shall be liable 
     to the United States for a civil penalty in an amount not to 
     exceed $1,000,000 for the first such violation in any 3-year 
     period, and not to exceed $5,000,000 for each subsequent 
     violation in any 3-year period. For purposes of this 
     subparagraph, all violations under this paragraph occurring 
     in a single day shall be considered one violation. With 
     respect to advertisements that appear in magazines or other 
     publications that are published less frequently than daily, 
     each issue date (whether weekly or monthly) shall be treated 
     as a single day for the purpose of calculating the number of 
     violations under this subparagraph.''.
         (b) Transfer of Funds.--For each fiscal year, there are 
     authorized to be appropriated, and are appropriated, out of 
     any funds not otherwise obligated, to the Director of the 
     National Institutes of Health for purposes of carrying out 
     medical research, an amount equal to the amount collected in 
     penalties during the previous fiscal year for violations of 
     section 303(g)(1)(B) of the Federal Food, Drug, and Cosmetic 
     Act.
         (c) Regulations.--The Secretary of Health and Human 
     Services, acting through the Commissioner of Food and Drugs, 
     shall promulgate regulations to carry out subparagraph (B) of 
     section 303(g)(1) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 333(g)(1)), as added by subsection (a). Such 
     regulations shall include provisions setting forth--
         (1) a reasonable amount of time a manufacturer has to 
     update any direct-to-consumer advertising of a drug in 
     accordance with such subparagraph (B) after a change to the 
     wholesale acquisition cost of the drug; and
         (2) the specific manner in which the wholesale 
     acquisition cost of a drug is required to be conspicuously 
     disclosed in such direct-to-consumer advertisements in order 
     to communicate such single price metric to the public, which 
     shall include visual and audio (as applicable) components of 
     the advertisement, and which may include a brief qualitative 
     explanation of reduced cost availability for certain 
     consumers, such as through insurance cost-sharing 
     arrangements or patient assistance programs.

     SEC. 4. DRUG MANUFACTURER DUTY TO DISCLOSE DRUG PRICES TO 
                   PRACTITIONERS.

         (a) Duty to Disclose.--Whenever a drug manufacturer, 
     including any representative of the manufacturer, 
     communicates with a health care practitioner about a drug 
     manufactured by the drug manufacturer, including through 
     promotional, educational, or marketing communications, 
     meetings or paid events, and the provision of goods, gifts, 
     and samples, the drug manufacturer shall disclose to the 
     practitioner the wholesale acquisition cost (as defined in 
     section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 
     1395w-3a(c)(6)(B))) for a 30-day supply of the drug, which 
     may include a brief qualitative explanation of reduced cost 
     availability for certain consumers that is consistent with 
     the regulations described in section 3(c)(2).
         (b) Enforcement by Federal Trade Commission.--
         (1) Unfair or deceptive acts or practices.--A violation 
     of subsection (a) by a person with respect to whom the 
     Commission is empowered under section 5(a)(2) of the Federal 
     Trade Commission Act (15 U.S.C. 45(a)(2)) shall be treated as 
     a violation of a rule defining an unfair or deceptive act or 
     practice prescribed under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
         (2) Powers of federal trade commission.--
         (A) In general.--The Federal Trade 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 Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this Act.
         (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 Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.).
         (c) Rulemaking.--The Federal Trade Commission shall 
     promulgate in accordance with section 553 of title 5, United 
     States Code, such rules as may be necessary to carry out this 
     section.
         (d) Savings Provision.--Nothing in this section shall be 
     construed to limit, impair, or supersede the operation of the 
     Federal Trade Commission Act or any other provision of 
     Federal law.
                                 ______
                                 
      By Mr. DAINES (for himself, Mr. Risch, and Mr. Crapo):
  S. 2160. A bill to establish a pilot program under the Chief of the 
Forest Service may use alternative dispute resolution in lieu of 
judicial review of certain projects; to the Committee on Energy and 
Natural Resources.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2160

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protect Collaboration for 
     Healthier Forests Act''.

     SEC. 2. ALTERNATIVE DISPUTE RESOLUTION PILOT PROGRAM.

       (a) Definitions.--In this Act:
       (1) Participant.--The term ``participant'' means an 
     individual or entity that files an objection or scoping 
     comments on a draft environmental document with respect to a 
     project that is subject to an objection at the project level 
     under part 218 of title 36, Code

[[Page S7302]]

     of Federal Regulations (or successor regulations).
       (2) Pilot program.--The term ``pilot program'' means the 
     pilot program established under subsection (b).
       (3) Project.--The term ``project'' means a project 
     described in subsection (c).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (b) Arbitration Pilot Program.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary shall 
     establish within Region 1 of the Forest Service an 
     arbitration pilot program as an alternative dispute 
     resolution process in lieu of judicial review for projects 
     described in subsection (c).
       (c) Description of Projects.--
       (1) In general.--The Secretary, at the sole discretion of 
     the Secretary, may designate for arbitration projects that--
       (A)(i) are developed through a collaborative process 
     (within the meaning of section 603(b)(1)(C) of the Healthy 
     Forest Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)));
       (ii) are carried out under the Collaborative Forest 
     Landscape Restoration Program established under section 4003 
     of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 
     7303); or
       (iii) are identified in a community wildfire protection 
     plan (as defined in section 101 of the Healthy Forests 
     Restoration Act of 2003 (16 U.S.C. 6511));
       (B) have as a purpose--
       (i) hazardous fuels reduction; or
       (ii) mitigation of insect or disease infestation; and
       (C) are located, in whole or in part, in a wildland-urban 
     interface (as defined in section 101 of the Healthy Forests 
     Restoration Act of 2003 (16 U.S.C. 6511)).
       (2) Inclusion.--In designating projects for arbitration, 
     the Secretary may include projects that receive categorical 
     exclusions for purposes of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       (d) Limitation on Number of Projects.--The Secretary may 
     not designate for arbitration under the pilot program more 
     than 2 projects per calendar year.
       (e) Arbitrators.--
       (1) Appointment.--The Secretary shall develop and publish a 
     list of not fewer than 15 individuals eligible to serve as 
     arbitrators for the pilot program.
       (2) Qualifications.--To be eligible to serve as an 
     arbitrator under this subsection, an individual shall be--
       (A) certified by--
       (i) the American Arbitration Association; or
       (ii) a State arbitration program; or
       (B) a fully retired Federal or State judge.
       (f) Initiation of Arbitration.--
       (1) In general.--Not later than 7 days after the date on 
     which the Secretary issues the final decision with respect to 
     a project, the Secretary shall--
       (A) notify each applicable participant and the Clerk of the 
     United States District Court for the district in which the 
     project is located that the project has been designated for 
     arbitration in accordance with this Act; and
       (B) include in the decision document a statement that the 
     project has been designated for arbitration.
       (2) Initiation.--
       (A) In general.--A participant may initiate arbitration 
     regarding a project that has been designated for arbitration 
     under this Act in accordance with--
       (i) sections 571 through 584 of title 5, United States 
     Code; and
       (ii) this paragraph.
       (B) Requirements.--A request to initiate arbitration under 
     subparagraph (A) shall--
       (i) be filed not later than the date that is 30 days after 
     the date of the notification by the Secretary under paragraph 
     (1); and
       (ii) include an alternative proposal for the applicable 
     project that describes each modification sought by the 
     participant with respect to the project.
       (C) No judicial review.--A project for which arbitration is 
     initiated under subparagraph (A) shall not be subject to 
     judicial review.
       (3) Compelled arbitration.--
       (A) Motion to compel arbitration.--
       (i) In general.--If a participant seeks judicial review of 
     a final decision with respect to a project, the Secretary may 
     file in the applicable court a motion to compel arbitration 
     in accordance with this Act.
       (ii) Fees and costs.--For any motion described in clause 
     (i) for which the Secretary is the prevailing party, the 
     applicable court shall award to the Secretary--

       (I) court costs; and
       (II) attorney's fees.

       (B) Arbitration compelled by court.--If a participant seeks 
     judicial review of a project, the applicable court shall 
     compel arbitration in accordance with this Act.
       (g) Selection of Arbitrator.--For each arbitration 
     commenced under this Act--
       (1) the Secretary shall propose 3 arbitrators from the list 
     published under subsection (e)(1); and
       (2) the applicable participant shall select 1 arbitrator 
     from the list of arbitrators proposed under paragraph (1).
       (h) Responsibilities of Arbitrator.--
       (1) In general.--An arbitrator selected under subsection 
     (e)--
       (A) shall address all claims of each party seeking 
     arbitration with respect to a project under this Act; but
       (B) may consolidate into a single arbitration all requests 
     to initiate arbitration by all participants with respect to a 
     project.
       (2) Selection of proposals.--An arbitrator shall make a 
     decision with respect to each applicable request for 
     initiation of arbitration under this Act by--
       (A) selecting the project, as approved by the Secretary;
       (B) selecting an alternative proposal submitted by the 
     applicable participant; or
       (C) rejecting both projects described in subparagraphs (A) 
     and (B).
       (3) Limitations.--
       (A) Administrative record.--The evidence before an 
     arbitrator under this subsection shall be limited solely to 
     the administrative record for the project.
       (B) No modifications to proposals.--An arbitrator may not 
     modify any proposal contained in a request for initiation of 
     arbitration of a participant under this Act.
       (i) Intervention.--A party may intervene in an arbitration 
     under this Act if, with respect to the project to which the 
     arbitration relates, the party--
       (1) meets the requirements of Rule 24(a) of the Federal 
     Rules of Civil Procedure (or a successor rule); or
       (2) participated in the applicable collaborative process 
     referred to in clause (i) or (ii) of subsection (c)(1)(A).
       (j) Scope of Review.--In carrying out arbitration for a 
     project, the arbitrator shall set aside the agency action, 
     findings, and conclusions found to be arbitrary, capricious, 
     an abuse of discretion, or otherwise not in accordance with 
     law, within the meaning of section 706(2)(A) of title 5, 
     United States Code.
       (k) Deadline for Completion of Arbitration.--Not later than 
     90 days after the date on which a request to initiate 
     arbitration is filed under subsection (f)(2), the arbitrator 
     shall make a decision with respect to the request to initiate 
     arbitration.
       (l) Effect of Arbitration Decision.--A decision of an 
     arbitrator under this Act--
       (1) shall not be considered to be a major Federal action;
       (2) shall be binding; and
       (3) shall not be subject to judicial review, except as 
     provided in section 10(a) of title 9, United States Code.
       (m) Administrative Costs.--
       (1) In general.--The Secretary shall--
       (A) be solely responsible for the professional fees of 
     arbitrators participating in the pilot program; and
       (B) use funds made available to the Secretary and not 
     otherwise obligated to carry out subparagraph (A).
       (2) Attorney's fees.--No arbitrator may award attorney's 
     fees in any arbitration brought under this Act.
       (n) Reports.--
       (1) In general.--Not later than 1 year after the date on 
     which the pilot program is established, and annually 
     thereafter, the Secretary shall submit to the Committee on 
     Agriculture, Nutrition, and Forestry and the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives, and 
     publish on the website of Region 1 of the Forest Service, a 
     report of not longer than 10 pages describing the 
     implementation of the pilot program for the applicable year, 
     including--
       (A) the reasons for selecting certain projects for 
     arbitration;
       (B) an evaluation of the arbitration process, including any 
     recommendations for improvements to the process;
       (C) a description of the outcome of each arbitration; and
       (D) a summary of the impacts of each outcome described in 
     subparagraph (C) on the timeline for implementation and 
     completion of the applicable project.
       (2) GAO reviews and reports.--
       (A) Initial review.--Not later than 2 years after the date 
     on which the pilot program is established, the Comptroller 
     General of the United States shall review the implementation 
     by the Secretary of the pilot program.
       (B) Review on termination.--On termination of the pilot 
     program under subsection (o), the Comptroller General of the 
     United States shall review the implementation by the 
     Secretary of the pilot program.
       (C) Report.--On completion of the review described in 
     subparagraph (A) or (B), the Comptroller General of the 
     United States shall submit to the Committee on Agriculture, 
     Nutrition, and Forestry and the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report describing 
     the results of the applicable review.
       (o) Termination.--The pilot program shall terminate on the 
     date that is 5 years after the date .
       (p) Effect.--Nothing in this Act affects the responsibility 
     of the Secretary to comply with--
       (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); or
       (2) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).

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