In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community-Based Health Care 
Retraining Act''.

SEC. 2. HEALTH PROFESSIONS TRAINING DEMONSTRATION PROJECT.

    Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 
2916) is amended by adding at the end the following:
    ``(e) Health Professions Training Demonstration Project.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered community.--The term `covered 
                community' means a community or region that--
                            ``(i) has experienced a significant 
                        percentage decline in positions in the 
                        manufacturing or service sectors; and
                            ``(ii) is determined by the Secretary of 
                        Health and Human Services (in consultation with 
                        the medical community) to be an area with a 
                        shortage of health care professionals described 
                        in clause (i) or (ii) of subparagraph (C).
                    ``(B) Covered worker.--The term `covered worker' 
                means an individual who--
                            ``(i)(I) has been terminated or laid off, 
                        or who has received a notice of termination or 
                        layoff, from employment in a manufacturing or 
                        service sector;
                            ``(II)(aa) is eligible for or has exhausted 
                        entitlement to unemployment compensation; or
                            ``(bb) has been employed for a duration 
                        sufficient to demonstrate, to the appropriate 
                        entity at a one-stop center referred to in 
                        section 134(c), attachment to the workforce, 
                        but is not eligible for unemployment 
                        compensation due to insufficient earnings or 
                        having performed services for an employer that 
                        were not covered under a State unemployment 
                        compensation law; and
                            ``(III) is unlikely to return to a previous 
                        industry or occupation; or
                            ``(ii)(I) has been terminated or laid off, 
                        or has received a notice of termination or 
                        layoff, from employment in a manufacturing or 
                        service sector as a result of any permanent 
                        closure of, or any substantial layoff at, a 
                        plant, facility, or enterprise; or
                            ``(II) is employed in a manufacturing or 
                        service sector at a facility at which the 
                        employer has made a general announcement that 
                        such facility will close within 180 days.
                    ``(C) Health care professional.--The term `health 
                care professional'--
                            ``(i) means an individual who is involved 
                        with--
                                    ``(I) the delivery of health care 
                                services, or related services, 
                                pertaining to--
                                            ``(aa) the identification, 
                                        evaluation, and prevention of 
                                        diseases, disorders, or 
                                        injuries; or
                                            ``(bb) home-based or 
                                        community-based long-term care;
                                    ``(II) the delivery of dietary and 
                                nutrition services; or
                                    ``(III) rehabilitation and health 
                                systems management; and
                            ``(ii) with respect to a covered community 
                        to be served through a grant made under 
                        paragraph (3), includes individuals in health 
                        care professions and jobs for which there is a 
                        shortage in the community, as determined by the 
                        Secretary of Health and Human Services (in 
                        consultation with the medical community), 
                        giving consideration to the amount of training 
                        time required to retrain the covered workers 
                        for the health care professions and jobs.
                    ``(D) Tribal college or university.--The term 
                `tribal college or university' means--
                            ``(i) a tribally controlled college or 
                        university, as defined in section 2 of the 
                        Tribally Controlled College or University 
                        Assistance Act of 1978 (25 U.S.C. 1801);
                            ``(ii) Dine College, authorized in the 
                        Navajo Community College Act (25 U.S.C. 640a et 
                        seq.); and
                            ``(iii) any of the 1994 Institutions, as 
                        defined in section 532 of the Equity in 
                        Educational Land-Grant Status Act of 1994 (7 
                        U.S.C. 301 note).
            ``(2) Establishment of project.--In accordance with 
        subsection (b), the Secretary shall establish and carry out a 
        health professions training demonstration project.
            ``(3) Grants.--In carrying out the project, the Secretary, 
        after consultation with the Secretary of Health and Human 
        Services, shall make grants to eligible entities to enable the 
        entities to carry out programs in covered communities to train 
        covered workers for employment as health care professionals. 
        The Secretary shall make each grant in an amount of not less 
        than $100,000 and not more than $500,000.
            ``(4) Eligible entities.--Notwithstanding subsection 
        (b)(2)(B), to be eligible to receive a grant under this 
        subsection to carry out a program in a covered community, an 
        entity shall be a partnership that is--
                    ``(A) under the direction of a local workforce 
                investment board established under section 117 that is 
                serving the covered community; and
                    ``(B) composed of members serving the covered 
                community, such as--
                            ``(i) an institution of higher education 
                        that provides a 4-year program of instruction;
                            ``(ii) an accredited community college;
                            ``(iii) an accredited vocational or 
                        technical school;
                            ``(iv) a tribal college or university;
                            ``(v) a health clinic or hospital;
                            ``(vi) a home-based or community-based 
                        long-term care facility or program; or
                            ``(vii) a health care facility administered 
                        by the Secretary of Veterans Affairs.
            ``(5) Applications.--To be eligible to receive a grant 
        under this subsection, an entity shall submit an application to 
        the Secretary at such time, in such manner, and containing such 
        information as the Secretary may require, including, at a 
        minimum--
                    ``(A) a proposal to use the grant funds to 
                establish or expand a training program in order to 
                train covered workers for employment as health care 
                professionals (including paraprofessionals);
                    ``(B) information demonstrating the need for the 
                training and support services to be provided through 
                the program;
                    ``(C) information describing the manner in which 
                the entity will expend the grant funds, and the 
                activities to be carried out with the funds;
                    ``(D) information demonstrating that the entity 
                meets the requirements of paragraph (4); and
                    ``(E) with respect to training programs carried out 
                by the applicant, information--
                            ``(i) on the graduation rates of the 
                        programs involved;
                            ``(ii) on the retention measures carried 
                        out by the applicant;
                            ``(iii) on the length of time necessary to 
                        complete the training programs of the 
                        applicant; and
                            ``(iv) on the number of qualified covered 
                        workers that are refused admittance into the 
                        training programs because of lack of capacity.
            ``(6) Selection.--In making grants under paragraph (3), the 
        Secretary, after consultation with the Secretary of Health and 
        Human Services, shall--
                    ``(A) consider the information submitted by the 
                eligible entities under paragraph (5)(E); and
                    ``(B) select--
                            ``(i) eligible entities submitting 
                        applications that meet such criteria as the 
                        Secretary of Labor determines to be 
                        appropriate; and
                            ``(ii) among such entities, the eligible 
                        entities serving the covered communities with 
                        the greatest need for the grants and the 
                        greatest potential to benefit from the grants.
            ``(7) Use of funds.--
                    ``(A) In general.--An entity that receives a grant 
                under this subsection shall use the funds made 
                available through the grant for training and support 
                services that meet the needs described in the 
                application submitted under paragraph (5), which may 
                include--
                            ``(i) increasing capacity, subject to 
                        subparagraph (B), at an educational institution 
                        or training center to train individuals for 
                        employment as health professionals, such as 
                        by--
                                    ``(I) expanding a facility, subject 
                                to subparagraph (B);
                                    ``(II) expanding course offerings;
                                    ``(III) hiring faculty;
                                    ``(IV) providing a student loan 
                                repayment program for the faculty;
                                    ``(V) establishing or expanding 
                                clinical education opportunities;
                                    ``(VI) purchasing equipment, such 
                                as computers, books, clinical supplies, 
                                or a patient simulator; or
                                    ``(VII) conducting recruitment; or
                            ``(ii) providing support services for 
                        covered workers participating in the training, 
                        such as--
                                    ``(I) providing tuition assistance;
                                    ``(II) establishing or expanding 
                                distance education programs;
                                    ``(III) providing transportation 
                                assistance; or
                                    ``(IV) providing child care.
                    ``(B) Limitation.--To be eligible to use the funds 
                to expand a facility, the eligible entity shall 
                demonstrate to the Secretary in an application 
                submitted under paragraph (5) that the entity can 
                increase the capacity described in subparagraph (A)(i) 
                of such facility only by expanding the facility.
            ``(8) Funding.--Of the amounts appropriated to, and 
        available at the discretion of, the Secretary or the Secretary 
        of Health and Human Services for programmatic and 
        administrative expenditures, a total of $25,000,000 shall be 
        used to establish and carry out the demonstration project 
        described in paragraph (2) in accordance with this 
        subsection.''.
[A]: Community-Based Health Care Retraining Act - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to establish and carry out a health professions training demonstration project that awards grants to eligible entities to train certain unemployed workers from the manufacturing or service sector for employment as health care professionals in communities with manufacturing and service sector job loss and health care professional shortages.


[Q]: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``Tobacco Smuggling 
Eradication Act of 2002''.

          TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986

SEC. 101. AMENDMENT OF 1986 CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

SEC. 102. IMPROVED MARKING AND LABELING.

    (a) In General.--Subsection (b) of section 5723 (relating to marks, 
labels, and notices) is amended--
            (1) by striking ``, if any,'' and
            (2) by adding at the end the following: ``Such marks, 
        labels, and notices shall include marks and notices relating to 
        the following:
            ``(1) Identification.--The Secretary shall promulgate 
        regulations that require each manufacturer or importer of 
        tobacco products to legibly print a unique serial number on all 
        packages of tobacco products manufactured or imported for sale 
        or distribution. Such serial number shall be designed to enable 
        the Secretary to identify the manufacturer or importer of the 
        product, and the location and date of manufacture or 
        importation. The Secretary shall determine the size and 
        location of the serial number.
            ``(2) Marking requirements for exports.--Each package of a 
        tobacco product that is exported shall be marked for export 
        from the United States. The Secretary shall promulgate 
        regulations to determine the size and location of the mark and 
        under what circumstances a waiver of this paragraph shall be 
        granted.''.
    (b) Sales on Indian Reservations.--Section 5723 is amended by 
adding at the end the following new subsections:
    ``(f) Sales on Indian Reservations.--The Secretary, in consultation 
with the Secretary of the Interior, shall promulgate regulations that 
require that each package of a tobacco product that is sold on an 
Indian reservation (as defined in section 403(9) of the Indian Child 
Protection and Family Violence Prevention Act (25 U.S.C. 3202(9)) be 
labeled as such. Such regulations shall include requirements for the 
size and location of the label.
    ``(g) Definition of Package.--For purposes of this section, the 
term `package' means the innermost sealed container irrespective of the 
material from which such container is made, in which a tobacco product 
is placed by the manufacturer and in which such tobacco product is 
offered for sale to a member of the general public.''.

SEC. 103. WHOLESALERS REQUIRED TO HAVE PERMIT.

    Section 5712 (relating to application for permit) is amended by 
inserting ``, wholesaler,'' after ``manufacturer''.

SEC. 104. CONDITIONS OF PERMIT.

    Subsection (a) of section 5713 (relating to issuance of permit) is 
amended to read as follows:
    ``(a) Issuance.--
            ``(1) In general.--A person shall not engage in business as 
        a manufacturer, wholesaler, or importer of tobacco products or 
        as an export warehouse proprietor without a permit to engage in 
        such business. Such permit shall be issued in such form and in 
        such manner as the Secretary shall by regulation prescribe, to 
        every person properly qualified under sections 5711 and 5712. A 
        new permit may be required at such other time as the Secretary 
        shall by regulation prescribe.
            ``(2) Conditions.--The issuance of a permit under this 
        section shall be conditioned upon the compliance with the 
        requirements of this chapter and the Contraband Cigarette 
        Trafficking Act (18 U.S.C. chapter 114), and any regulations 
        issued pursuant to such statutes.''.

SEC. 105. RECORDS TO BE MAINTAINED.

    Section 5741 (relating to records to be maintained) is amended--
            (1) by inserting ``(a) In General.--'' before ``Every 
        manufacturer'',
            (2) by inserting ``every wholesaler,'' after ``every 
        importer,'',
            (3) by striking ``such records'' and inserting ``records 
        concerning the chain of custody of the tobacco products and 
        such other records'', and
            (4) by adding at the end the following new subsection:
    ``(b) Retailers.--Retailers shall maintain records of receipt of 
tobacco products, and such records shall be available to the Secretary 
for inspection and audit. An ordinary commercial record or invoice 
shall satisfy the requirements of this subsection if such record shows 
the date of receipt, from whom tobacco products were received, and the 
quantity of tobacco products received.''.

SEC. 106. REPORTS.

    Section 5722 (relating to reports) is amended--
            (1) by inserting ``(a) In General.--'' before ``Every 
        manufacturer'', and
            (2) by adding at the end the following new subsection:
    ``(b) Reports By Export Warehouse Proprietors.--
            ``(1) In general.--Prior to exportation of tobacco products 
        from the United States, the export warehouse proprietor shall 
        submit a report (in such manner and form as the Secretary may 
        by regulation prescribe) to enable the Secretary to identify 
        the shipment and assure that it reaches its intended 
        destination.
            ``(2) Agreements with foreign governments.--Notwithstanding 
        section 6103 of this title, the Secretary is authorized to 
        enter into agreements with foreign governments to exchange or 
        share information contained in reports received from export 
        warehouse proprietors of tobacco products if--
                    ``(A) the Secretary believes that such agreement 
                will assist in--
                            ``(i) ensuring compliance with the 
                        provisions of this chapter or regulations 
                        promulgated thereunder, or
                            ``(ii) preventing or detecting violations 
                        of the provisions of this chapter or 
                        regulations promulgated thereunder, and
                    ``(B) the Secretary obtains assurances from such 
                government that the information will be held in 
                confidence and used only for the purposes specified in 
                clauses (i) and (ii) of subparagraph (A).
        No information may be exchanged or shared with any government 
        that has violated such assurances.''.

SEC. 107. FRAUDULENT OFFENSES.

    (a) In General.--Subsection (a) of section 5762 (relating to 
fraudulent offenses) is amended by striking paragraph (1) and 
redesignating paragraphs (2) through (6) as paragraphs (1) through (5), 
respectively.
    (b) Offenses Relating to Distribution of Tobacco Products.--Section 
5762 is amended--
            (1) by redesignating subsection (b) as subsection (c),
            (2) in subsection (c) (as so redesignated), by inserting 
        ``or (b)'' after ``(a)'', and
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Offenses Relating to Distribution of Tobacco Products.--It 
shall be unlawful--
            ``(1) for any person to engage in the business as a 
        manufacturer or importer of tobacco products or cigarette 
        papers and tubes, or to engage in the business as a wholesaler 
        or an export warehouse proprietor, without filing the bond and 
        obtaining the permit where required by this chapter or 
        regulations thereunder;
            ``(2) for a manufacturer, importer, or wholesaler permitted 
        under this chapter intentionally to ship, transport, deliver, 
        or receive any tobacco products from or to any person other 
        than a person permitted under this chapter or a retailer, 
        except a permitted importer may receive foreign tobacco 
        products from a foreign manufacturer or a foreign distributor 
        that have not previously entered the United States;
            ``(3) for any person (other than the original manufacturer 
        of such tobacco products or an export warehouse proprietor 
        authorized to receive any tobacco products that have previously 
        been exported and returned to the United States) to receive any 
        tobacco products that have previously been exported and 
        returned to the United States;
            ``(4) for any export warehouse proprietor intentionally to 
        ship, transport, sell, or deliver for sale any tobacco products 
        to any person other than the original manufacturer of such 
        tobacco products, another export warehouse proprietor, or a 
        foreign purchaser;
            ``(5) for any person (other than a manufacturer or an 
        export warehouse proprietor permitted under this chapter) 
        intentionally to ship, transport, receive, or possess, for 
        purposes of resale, any tobacco product in packages marked 
        pursuant to regulations issued under section 5723, other than 
        for direct return to a manufacturer for repacking or for re-
        exportation or to an export warehouse proprietor for re-
        exportation;
            ``(6) for any manufacturer, importer, export warehouse 
        proprietor, or wholesaler permitted under this chapter to make 
        intentionally any false entry in, to fail willfully to make 
        appropriate entry in, or to fail willfully to maintain properly 
        any record or report that such person is required to keep as 
        required by this chapter or the regulations promulgated 
        thereunder; and
            ``(7) for any person to alter, mutilate, destroy, 
        obliterate, or remove any mark or label required under this 
        chapter upon a tobacco product held for sale, except pursuant 
        to regulations of the Secretary authorizing relabeling for 
        purposes of compliance with the requirements of this section or 
        of State law.
Any person violating any of the provisions of this subsection shall, 
upon conviction, be fined as provided in section 3571 of title 18, 
United States Code, imprisoned for not more than 5 years, or both.''.
    (c) Intentionally Defined.--Section 5762 is amended by adding at 
the end the following:
    ``(d) Definition of Intentionally.--For purposes of this section 
and section 5761, the term `intentionally' means doing an act, or 
omitting to do an act, deliberately, and not due to accident, 
inadvertence, or mistake, regardless of whether the person knew that 
the act or omission constituted an offense.''.

SEC. 108. CIVIL PENALTIES.

    Subsection (a) of section 5761 (relating to civil penalties) is 
amended--
            (1) by striking ``willfully'' and inserting 
        ``intentionally'', and
            (2) by striking ``$1,000'' and inserting ``$10,000''.

SEC. 109. DEFINITIONS.

    (a) Export Warehouse Proprietor.--Subsection (i) of section 5702 
(relating to definition of export warehouse proprietor) is amended by 
inserting before the period the following: ``or any person engaged in 
the business of exporting tobacco products from the United States for 
purposes of sale or distribution. Any duty free store that sells, 
offers for sale, or otherwise distributes to any person in any single 
transaction more than 30 packages of cigarettes, or its equivalent for 
other tobacco products as the Secretary shall by regulation prescribe, 
shall be deemed an export warehouse proprietor under this chapter''.
    (b) Retailer; Wholesaler.--Section 5702 is amended by adding at the 
end the following:
    ``(p) Retailer.--The term `retailer' means any dealer who sells, or 
offers for sale, any tobacco product at retail. The term `retailer' 
includes any duty-free store that sells, offers for sale, or otherwise 
distributes at retail in any single transaction 30 or less packages, or 
its equivalent for other tobacco products.
    ``(q) Wholesaler.--The term `wholesaler' means any person engaged 
in the business of purchasing tobacco products for resale at wholesale, 
or any person acting as an agent or broker for any person engaged in 
the business of purchasing tobacco products for resale at wholesale.''.

SEC. 110. EFFECTIVE DATE.

    The amendments made by this title shall take effect on January 1, 
2003.

    TITLE II--AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT

SEC. 201. AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT.

    (a) Definitions.--Section 2341 of title 18, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``60,000'' and inserting 
                ``30,000'', and
                    (B) by inserting ``or importer'' after ``as a 
                manufacturer'';
            (2) in paragraph (4), by striking ``and'' at the end;
            (3) in paragraph (5), by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following:
            ``(6) the term `tobacco product' means cigars, cigarettes, 
        smokeless tobacco, and pipe tobacco (as such terms are defined 
        in section 5701 of the Internal Revenue Code of 1986); and
            ``(7) the term `contraband tobacco product' means a 
        quantity of tobacco product that is equivalent to or more than 
        30,000 cigarettes as determined by regulation, which bear no 
        evidence of the payment of applicable State tobacco taxes in 
        the State where such tobacco products are found, if such State 
        requires a stamp, impression, or other indication to be placed 
        on packages or other containers of product to evidence payment 
        of tobacco taxes.''
    (b) Unlawful Acts.--Section 2342 of title 18, United States Code, 
is amended--
            (1) in subsection (a), by inserting ``or contraband tobacco 
        products'' before the period;
            (2) by amending subsection (b) to read as follows:
    ``(b)(1) It shall be unlawful for any person--
            ``(A) knowingly to make any false statement or 
        representation with respect to the information required by this 
        chapter to be kept in the records or reports of any person who 
        ships, sells, or distributes--
                    ``(i) any quantity of cigarettes in excess of 
                30,000 in a single transaction or in a series of 
                related transactions, or
                    ``(ii) tobacco products in such equivalent 
                quantities as shall be determined by regulation, or
            ``(B) knowingly to fail to maintain records or reports, 
        alter or obliterate required markings, or interfere with any 
        inspection, required under this chapter, with respect to such 
        quantity of cigarettes or other tobacco products.''; and
            (3) by adding at the end the following:
    ``(c) It shall be unlawful for any person knowingly to transport 
tobacco products under a false bill of lading or without any bill of 
lading.''.
    (c) Recordkeeping.--Section 2343 of title 18, United States Code, 
is amended--
            (1) in subsection (a), by striking ``60,000 in a single 
        transaction'' and inserting ``30,000 in a single transaction or 
        in a series of related transactions, or, in the case of other 
        tobacco products an equivalent quantity as determined by 
        regulation,'';
            (2) by amending the last sentence of subsection (a) to read 
        as follows: ``Except as provided in subsection (c) of this 
        section, nothing contained herein shall authorize the Secretary 
        to require reporting under this section.'';
            (3) in subsection (b), by striking ``60,000 in a single 
        transaction'' and inserting ``30,000 in a single transaction or 
        in a series of related transactions, or, in the case of other 
        tobacco products an equivalent quantity as determined by 
        regulation,''; and
            (4) by adding at the end the following:
    ``(c)(1) Any person who ships, sells, or distributes tobacco 
products for resale in interstate commerce, whereby such tobacco 
products are shipped into a State taxing the sale or use of such 
tobacco products or who advertises or offers tobacco products for such 
sale or transfer and shipment shall--
            ``(A) first file with the tobacco tax administrator of the 
        State into which such shipment is made or in which such 
        advertisement or offer is disseminated, a statement setting for 
        the person's name, and trade name (if any), and the address of 
        the person's principal place of business and of any other place 
        of business; and
            ``(B) not later than the 10th of each calendar month, file 
        with the tobacco tax administrator of the State into which such 
        shipment is made a memorandum or a copy of the invoice covering 
        each and every shipment of tobacco products made during the 
        previous calendar month into such State; the memorandum or 
        invoice in each case to include the name and address of the 
        person to whom the shipment was made, the brand, and the 
        quantity thereof.
    ``(2) The fact that any person ships or delivers for shipment any 
tobacco products shall, if such shipment is into a State in which such 
person has filed a statement with the tobacco tax administrator under 
paragraph (1)(A) of this subsection, be presumptive evidence that such 
tobacco products were sold, shipped, or distributed for resale by such 
person.
    ``(3) For purposes of this subsection--
            ``(A) the term `use' in addition to its ordinary meaning, 
        means consumption, storage, handling, or disposal of tobacco 
        products; and
            ``(B) the term `tobacco tax administrator' means the State 
        official authorized to administer tobacco tax laws of the 
        State.''.
    (d) Penalties.--Section 2344 of title 18, United States Code, is 
amended--
            (1) in subsection (b), by inserting ``or (c)'' after 
        ``section 2342(b)'' and by inserting ``or (c)'' after section 
        2343(a)''; and
            (2) by striking subsection (c) and inserting the following 
        new subsection:
    ``(c) Any contraband cigarettes or contraband tobacco products 
involved in any violation of the provisions of this chapter shall be 
subject to seizure and forfeiture, and all provisions of section 
9703(o) of title 31, United States Code, shall, so far as applicable, 
extend to seizures and forfeitures under the provisions of this 
chapter.''
    (e) Repeal.--The Act of October 19, 1949, entitled ``An Act to 
assist States in collecting sales and use taxes on cigarettes'', 63 
Stat. 884 (chapter 10A of title 15, U.S.C.), is hereby repealed.
[A]: Tobacco Smuggling Eradication Act of 2002 - Amends chapter 52 (Tobacco Products and Cigarette Papers and Tubes) of the Internal Revenue Code to require all packages of tobacco products to carry a unique legibly printed serial number by which the Secretary of the Treasury can identify the manufacturer or importer and the location and date of manufacture or importation. Requires tobacco products sold on Indian reservations to be labeled as such.Requires a tobacco wholesaler to have a permit and to maintain certain records.Requires export warehouse proprietors to file certain reports with the Secretary. Authorizes the Secretary to enter into certain tobacco related information agreements with foreign countries.Establishes new offenses relating to the distribution of tobacco.Raises the $1,000 civil penalty under chapter 52 to $10,000.Amends the Contraband Cigarette Trafficking Act to: (1) expand the applicability of such Act from cigarettes only to "tobacco product" (cigars, cigarettes, smokeless tobacco, and pipe tobacco); (2) define "contraband tobacco product" as a quantity of tobacco product that is equivalent to or more than 30,000 cigarettes (currently, 60,000) which bear no evidence of the payment of applicable State tobacco taxes; (3) establish new unlawful acts; and (4) require additional recordkeeping.Repeals Federal law provisions concerning reports required to State tobacco tax administrators by individuals engaged in interstate cigarette commerce.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Safety Protection Act''.

SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

    (a) In General.--Chapter 421 of title 49, United States Code, is 
amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``Sec. 42121. Protection of employees providing air safety information
    ``(a) Discrimination Against Airline Employees.--No air carrier or 
contractor or subcontractor of an air carrier may discharge an employee 
of the air carrier or the contractor or subcontractor of an air carrier 
or otherwise discriminate against any such employee with respect to 
compensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the Federal Government 
        information relating to any violation or alleged violation of 
        any order, regulation, or standard of the Federal Aviation 
        Administration or any other provision of Federal law relating 
        to air carrier safety under this subtitle or any other law of 
        the United States;
            ``(2) has filed, caused to be filed, or is about to file or 
        cause to be filed, a proceeding relating to any violation or 
        alleged violation of any order, regulation, or standard of the 
        Federal Aviation Administration or any other provision of 
        Federal law relating to air carrier safety under this subtitle 
        or any other law of the United States;
            ``(3) testified or will testify in such a proceeding; or
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--
                    ``(A) In general.--In accordance with this 
                paragraph, a person may file (or have a person file on 
                behalf of that person) a complaint with the Secretary 
                of Labor if that person believes that an air carrier or 
                contractor or subcontractor of an air carrier 
                discharged or otherwise discriminated against that 
                person in violation of subsection (a).
                    ``(B) Requirements for filing complaints.--A 
                complaint referred to in subparagraph (A) may be filed 
                not later than 90 days after an alleged violation 
                occurs. The complaint shall state the alleged 
                violation.
                    ``(C) Notification.--Upon receipt of a complaint 
                submitted under subparagraph (A), the Secretary of 
                Labor shall notify the air carrier, contractor, or 
                subcontractor named in the complaint and the 
                Administrator of the Federal Aviation Administration of 
                the--
                            ``(i) filing of the complaint;
                            ``(ii) allegations contained in the 
                        complaint;
                            ``(iii) substance of evidence supporting 
                        the complaint; and
                            ``(iv) opportunities that are afforded to 
                        the air carrier, contractor, or subcontractor 
                        under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--
                            ``(i) Investigation.--Not later than 60 
                        days after receipt of a complaint filed under 
                        paragraph (1) and after affording the person 
                        named in the complaint an opportunity to submit 
                        to the Secretary of Labor a written response to 
                        the complaint and an opportunity to meet with a 
                        representative of the Secretary to present 
                        statements from witnesses, the Secretary of 
                        Labor shall conduct an investigation and 
                        determine whether there is reasonable cause to 
                        believe that the complaint has merit and notify 
in writing the complainant and the person alleged to have committed a 
violation of subsection (a) of the Secretary's findings.
                            ``(ii) Order.--Except as provided in 
                        subparagraph (B), if the Secretary of Labor 
                        concludes that there is reasonable cause to 
                        believe that a violation of subsection (a) has 
                        occurred, the Secretary shall accompany the 
                        findings referred to in clause (i) with a 
                        preliminary order providing the relief 
                        prescribed under paragraph (3)(B).
                            ``(iii) Objections.--Not later than 30 days 
                        after the date of notification of findings 
                        under this paragraph, the person alleged to 
                        have committed the violation or the complainant 
                        may file objections to the findings or 
                        preliminary order and request a hearing on the 
                        record.
                            ``(iv) Effect of filing.--The filing of 
                        objections under clause (iii) shall not operate 
                        to stay any reinstatement remedy contained in 
                        the preliminary order.
                            ``(v) Hearings.--Hearings conducted 
                        pursuant to a request made under clause (iii) 
                        shall be conducted expeditiously and governed 
                        by the Federal Rules of Civil Procedure. If a 
                        hearing is not requested during the 30-day 
                        period prescribed in clause (iii), the 
                        preliminary order shall be deemed a final order 
                        that is not subject to judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in paragraphs (1) through (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary that 
                        the complainant has made the showing required 
                        under clause (i), no investigation otherwise 
                        required under subparagraph (A) shall be 
                        conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (4) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--
                            ``(i) In general.--Not later than 120 days 
                        after conclusion of a hearing under paragraph 
                        (2), the Secretary of Labor shall issue a final 
                        order that--
                                    ``(I) provides relief in accordance 
                                with this paragraph; or
                                    ``(II) denies the complaint.
                            ``(ii) Settlement agreement.--At any time 
                        before issuance of a final order under this 
                        paragraph, a proceeding under this subsection 
                        may be terminated on the basis of a settlement 
                        agreement entered into by the Secretary of 
                        Labor, the complainant, and the air carrier, 
                        contractor, or subcontractor alleged to have 
                        committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the air carrier, 
                contractor, or subcontractor that the Secretary of 
                Labor determines to have committed the violation to--
                            ``(i) take action to abate the violation;
                            ``(ii) reinstate the complainant to the 
                        former position of the complainant and ensure 
                        the payment of compensation (including back 
                        pay) and the restoration of terms, conditions, 
                        and privileges associated with the employment; 
                        and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                    ``(C) Costs of complaint.--If the Secretary of 
                Labor issues a final order that provides for relief in 
                accordance with this paragraph, the Secretary of Labor, 
                at the request of the complainant, shall assess against 
                the air carrier, contractor, or subcontractor named in 
                the order an amount equal to the aggregate amount of 
                all costs and expenses (including attorney and expert 
                witness fees) reasonably incurred by the complainant 
                (as determined by the Secretary of Labor) for, or in 
                connection with, the bringing of the complaint that 
                resulted in the issuance of the order.
            ``(4) Frivolous complaints.--A complaint brought under this 
        section that is found to be frivolous or to have been brought 
        in bad faith shall be governed by Rule 11 of the Federal Rules 
        of Civil Procedure.
            ``(5) Review.--
                    ``(A) Appeal to court of appeals.--
                            ``(i) In general.--Not later than 60 days 
                        after a final order is issued under paragraph 
                        (3), a person adversely affected or aggrieved 
                        by that order may obtain review of the order in 
                        the United States court of appeals for the 
                        circuit in which the violation allegedly 
                        occurred or the circuit in which the 
                        complainant resided on the date of that 
                        violation.
                            ``(ii) Requirements for judicial review.--A 
                        review conducted under this paragraph shall be 
                        conducted in accordance with chapter 7 of title 
                        5. The commencement of proceedings under this 
                        subparagraph shall not, unless ordered by the 
                        court, operate as a stay of the order that is 
                        the subject of the review.
                    ``(B) Limitation on collateral attack.--An order 
                referred to in subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            ``(6) Enforcement of order by secretary of labor.--
                    ``(A) In general.--If an air carrier, contractor, 
                or subcontractor named in an order issued under 
                paragraph (3) fails to comply with the order, the 
                Secretary of Labor may file a civil action in the 
                United States district court for the district in which 
                the violation occurred to enforce that order.
                    ``(B) Relief.--In any action brought under this 
                paragraph, the district court shall have jurisdiction 
                to grant any appropriate form of relief, including 
                injunctive relief and compensatory damages.
            ``(7) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order is issued under paragraph (3) may 
                commence a civil action against the air carrier, 
                contractor, or subcontractor named in the order to 
                require compliance with the order. The appropriate 
                United States district court shall have jurisdiction, 
                without regard to the amount in controversy or the 
                citizenship of the parties, to enforce the order.
                    ``(B) Attorney fees.--In issuing any final order 
                under this paragraph, the court may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party if the court determines that 
                the awarding of those costs is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of an air carrier, or 
contractor or subcontractor of an air carrier who, acting without 
direction from the air carrier (or an agent, contractor, or 
subcontractor of the air carrier), deliberately causes a violation of 
any requirement relating to air carrier safety under this subtitle or 
any other law of the United States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Conforming Amendment.--The analysis for chapter 421 of title 
49, United States Code, is amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.
    (c) Civil Penalty.--Section 46301(a)(1)(A) of title 49, United 
States Code, is amended by striking ``subchapter II of chapter 421,'' 
and inserting ``subchapter II or III of chapter 421,''.
[A]:
Aviation Safety Protection Act - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. 
Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to any violation of a Federal Aviation Administration (FAA) order, regulation, or standard, or any other Federal law relating to air carrier safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to such violations. 
Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. 
Specifies civil penalties for violation of this Act.