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

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alien Child Protection and Deferred 
Enforced Departure Family Unity Act of 2000''.

SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS 
              PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN 
              12 YEARS OF AGE.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of any alien 
        described in subsection (b) shall be adjusted by the Attorney 
        General to that of an alien lawfully admitted for permanent 
        residence, if the alien--
                    (A) applies for such adjustment; and
                    (B) is otherwise eligible to receive an immigrant 
                visa and is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for inadmissibility specified 
                in paragraphs (4), (6)(A), (7)(A), and (9) of section 
                212(a) of the Immigration and Nationality Act shall not 
                apply.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition on submitting or granting such 
        application, to file a motion to reopen, reconsider, or vacate 
        such order. If the Attorney General grants the application, the 
        Attorney General shall cancel the order. If the Attorney 
        General renders a final administrative decision to deny the 
        application, the order shall be effective and enforceable to 
        the same extent as if the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) at the time of application has not attained the age of 
        12 years;
            (2) is physically present in the United States; and
            (3) has no living legally-recognized parent.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien subject to a final order of deportation 
        or removal or exclusion to seek a stay of such order based on 
        the filing of an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Attorney 
        General shall not order any alien to be removed from the United 
        States, if the alien is in exclusion, deportation, or removal 
        proceedings under any provision of such Act and raises as a 
        defense to such an order the eligibility of the alien to apply 
        for adjustment of status under subsection (a), except where the 
        Attorney General has rendered a final administrative 
        determination to deny the application.
    (d) Availability of Administrative Review.--The Attorney General 
shall provide to applicants for adjustment of status under subsection 
(a) the same right to, and procedures for, administrative review as are 
provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (e) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
contained in the Immigration and Nationality Act shall apply in the 
administration of this section. Nothing contained in this Act shall be 
held to repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General in the 
administration and enforcement of such Act or any other law relating to 
immigration, nationality, or naturalization. The fact that an alien may 
be eligible to be granted the status of having been lawfully admitted 
for permanent residence under this section shall not preclude the alien 
from seeking such status under any other provision of law for which the 
alien may be eligible.

SEC. 2. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL 
              PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS 
              THAN 18 YEARS OF AGE.

    (a) Deferred Enforced Departure.--
            (1) In general.--Notwithstanding the Immigration and 
        Nationality Act, the removal or enforced departure any alien 
        described in subsection (b) shall be deferred by the Attorney 
General during any period in which the alien is the natural and legal 
parent of a child born in the United States who has not attained the 
age of 18 years, if the alien applies for such deferral.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        deferral of enforced departure under paragraph (1). Such an 
        alien may not be required, as a condition on submitting or 
        granting such application, to file a motion to reopen, 
        reconsider, or vacate such order. If the Attorney General 
        grants the application, the Attorney General shall cancel the 
        order. If the Attorney General renders a final administrative 
        decision to deny the application, the order shall be effective 
        and enforceable to the same extent as if the application had 
        not been made.
    (b) Aliens Eligible for Deferred Enforced Departure.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) is physically present in the United States; and
            (2) is the natural and legal parent of a child born in the 
        United States who has not attained the age of 18 years.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien subject to a final order of deportation 
        or removal or exclusion to seek a stay of such order based on 
        the filing of an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Attorney 
        General shall not order any alien to be removed from the United 
        States, if the alien is in exclusion, deportation, or removal 
        proceedings under any provision of such Act and raises as a 
        defense to such an order the eligibility of the alien to apply 
        for adjustment of status under subsection (a), except where the 
        Attorney General has rendered a final administrative 
        determination to deny the application.
    (d) Availability of Administrative Review.--The Attorney General 
shall provide to applicants for deferred enforced departure under 
subsection (a) the same right to, and procedures for, administrative 
review as are provided to aliens subject to removal proceedings under 
section 240 of such Act.
    (e) Work Authorization.--
            (1) During application process.--The Attorney General may 
        authorize an alien who has applied for deferred enforced 
        departure under subsection (a) to engage in employment in the 
        United States during the pendency of such application and may 
        provide the alien with an ``employment authorized'' endorsement 
        or other appropriate document signifying authorization of 
        employment, except that if such application is pending for a 
        period exceeding 180 days, and has not been denied, the 
        Attorney General shall authorize such employment.
            (2) During deferred enforced departure period.--The 
        Attorney General shall authorize an alien who is granted 
        deferred enforced departure under subsection (a) to engage in 
        employment in the United States during any period in which 
        deferred enforced departure applies.
    (f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
contained in the Immigration and Nationality Act shall apply in the 
administration of this section. Nothing contained in this Act shall be 
held to repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General in the 
administration and enforcement of such Act or any other law relating to 
immigration, nationality, or naturalization. The fact that an alien may 
be eligible to be granted deferred enforced departure status under this 
section shall not preclude the alien from seeking immigration status 
under any other provision of law for which the alien may be eligible.
[EX A]: Provides for deferred enforced departure (and stay of removal if applicable) of an alien who is the natural and legal parent of a U.S.-born child under 18 years old.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amtrak Investment Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) intercity rail passenger service is an essential 
        component of the integrated national transportation system; 
        however, to achieve its full potential the National Railroad 
        Passenger Corporation (Amtrak) must provide a quality 
        transportation product in the form of clean, comfortable, and 
        on-time service;
            (2) Amtrak's management and employees are dedicated to 
        providing the high quality service that Amtrak's customers 
        deserve; however, additional capital investment is needed to 
        acquire the modern equipment and efficient facilities that are 
        essential to satisfy the demand for superior intercity rail 
        passenger service;
            (3) significant levels of Federal capital investment will 
        enable Amtrak to provide the world class service American rail 
        passengers deserve, and will reduce operating costs in the long 
        term;
            (4) Amtrak's management should be held accountable to 
        ensure that all capital investment by the Federal Government is 
        effectively used to improve the quality of service and the 
        long-term financial health of Amtrak;
            (5) the Secretary of Transportation, as an ex officio 
        member of Amtrak's board of directors, should use this position 
        to evaluate Amtrak's costs and revenue elements to ensure that 
        Amtrak provides excellent service to its customers and that 
        Amtrak uses its Federal investment wisely and efficiently;
            (6) States can play a significant role in providing cost-
        efficient intercity rail passenger transportation and in 
        addressing local transportation needs and air quality control; 
        and
            (7) the freight railroads represent a critical part of the 
        Nation's transportation infrastructure, which should help to 
        provide expeditious and cost-effective delivery of passenger 
        trains.

SEC. 3. WORLD CLASS SERVICE.

    Section 24101(c) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by striking the period at the end of paragraph (11) and 
        inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(12) manage capital investment in such a way as to 
        provide its customers with world class service.''.

SEC. 4. RETURN ON INVESTMENT.

    Section 24315(b)(1) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(C) shall include projections of the anticipated benefits 
        of the projects proposed for funding under this part and a 
        report on the benefits actually realized from all projects 
        previously funded under this part, or legislation on which this 
        part is based, beginning with funds provided in fiscal year 
        1994.
Such report shall include an identification of improvements in the 
quality of service offered by Amtrak, facility improvements that 
demonstrate a productivity gain, equipment improvements that lower 
operating costs, environmental benefits (including air quality and land 
use), enhancements to local transportation needs, enhancements to 
mobility of physically and economically disadvantaged persons, an 
improvement to the revenue-to-cost ratio, reduced dependence on Federal 
operating support, and reductions in the need for alternative 
transportation investments. To the extent practicable, the benefits 
addressed in each report shall also be expressed as return on invested 
capital.''.

SEC. 5. STATE REQUESTED RAIL PASSENGER TRANSPORTATION.

    (a) State/Federal Formula.--(1) Section 24704 of title 49, United 
States Code, is amended--
            (A) in subsection (a)(1)(C)--
                    (i) by striking ``short term'' both places it 
                appears and inserting in lieu thereof ``long-term''; 
                and
                    (ii) by striking ``65 percent'' and inserting in 
                lieu thereof ``55 percent'';
            (B) in subsection (b)--
                    (i) by adding at the end of paragraph (2) the 
                following new sentence: ``Any such renewal shall 
                require the State, agency, or person to provide a 
                statement that such State, agency, or person agrees to 
                pay in each year of operation, beginning with the first 
                year of operation of service under such renewed 
                agreement, at least 55 percent of the long-term 
                avoidable losses of operating such service and at least 
                50 percent of the associated capital costs.''; and
                    (ii) by inserting at the end the following new 
                paragraph:
    ``(3) Amtrak is authorized to contribute in each year of operation 
of any service instituted or retained pursuant to this section no more 
than--
            ``(A) 55 percent in the first year of such operation; and
            ``(B) 45 percent in each year of operation thereafter,
of the long-term avoidable losses of operating such service and no more 
than 50 percent of the associated capital costs.''.
    (2) The amendments made by paragraph (1) shall only apply with 
respect to fiscal year 1996 and subsequent fiscal years.
    (b) Review of Program.--Within 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall conduct a 
comprehensive review of the program of State-assisted rail passenger 
services operated by Amtrak under section 24704 of title 49, United 
States Code, and shall submit a report to the Congress detailing the 
Secretary's findings and conclusions, including any recommendations the 
Secretary may have for revising such section 24704. The Secretary's 
report shall address, among other things, whether and at what point 
services originated under section 24704 should become a part of the 
basic system of intercity rail passenger transportation and shall 
identify any other avenues for initiating and implementing new rail 
passenger transportation.

SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM.

    (a) Capital Improvements.--(1) Section 24902(h) of title 49, United 
States Code, is amended--
            (A) by inserting ``(1)'' before ``If practicable''; and
            (B) by adding at the end the following new paragraph:
    ``(2) Amtrak shall make capital improvements for the Northeast 
Corridor improvement program under this chapter as necessary to operate 
reliable, high-speed rail passenger service, to enhance capacity for 
intercity and commuter passenger transportation, and as otherwise may 
be necessary to ensure continued reliable high-speed service. Amtrak 
shall also acquire train equipment to be used on the Northeast 
Corridor, mitigate environmental impacts related to the Northeast 
Corridor improvement program, and provide adequate parking at and 
improve Northeast Corridor rail stations.''.
    (2) Section 24909 of title 49, United States Code, is amended--
            (A) by striking subsection (e); and
            (B) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively.
    (b) Boston-New Haven Electrification Project.--(1) Section 24902(f) 
of title 49, United States Code, is amended--
            (A) by inserting ``(1)'' before ``Improvements under''; and
            (B) by adding at the end the following new paragraph:
    ``(2) Amtrak shall design and construct the electrification system 
between Boston, Massachusetts, and New Haven, Connecticut, to 
accommodate the installation of a third mainline track between 
Davisville and Central Falls, Rhode Island, to be used for double-stack 
freight service to and from the Port of Davisville. Wherever 
practicable, Amtrak shall use portal structures and realign existing 
tracks on undergrade and overgrade bridges to minimize the width of the 
right-of-way required to add the third track. Amtrak shall take such 
other steps as may be required to coordinate and facilitate design and 
construction work.''.
    (2) Amtrak shall, not later than 6 months after the date of 
enactment of this Act, transmit to the Congress a report detailing its 
electrification design between Davisville and Central Falls, Rhode 
Island, and describing efforts to comply with section 24902(f)(2) of 
title 49, United States Code.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 24104 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``and not more than 
        $332,000,000 for fiscal year 1995 and $335,000,000 for fiscal 
        year 1996 may be appropriated to the Secretary,'' after 
        ``September 30, 1994,'';
            (2) in subsection (a)(2), by adding at the end the 
        following new subparagraphs:
            ``(C) $250,000,000 for fiscal year 1995.
            ``(D) $250,000,000 for fiscal year 1996.'';
            (3) in subsection (b)(1), by inserting ``Not more than 
        $373,000,000 for fiscal year 1995 and $373,000,000 for fiscal 
        year 1996 may be appropriated to the Secretary for the benefit 
        of Amtrak for operating expenses.'' after ``for operating 
        expenses.'';
            (4) in subsection (b)(2)(A), by adding at the end the 
        following new clauses:
            ``(iii) $17,000,000 for fiscal year 1995.
            ``(iv) $17,000,000 for fiscal year 1996.'';
            (5) in subsection (c)(1)--
                    (A) by striking ``and'' after ``September 30, 
                1993,''; and
                    (B) by inserting ``$156,000,000 for fiscal year 
                1995, and $165,000,000 for fiscal year 1996,'' after 
                ``September 30, 1994,''; and
            (6) by amending subsection (d) to read as follows:
    ``(d) Administration of Appropriations.--Notwithstanding section 
6304 of title 31, United States Code, funds appropriated pursuant to 
this section shall be provided to Amtrak upon appropriation when 
requested by Amtrak.''.

SEC. 8. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

    (a) Amendment.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following new section:

``SEC. 24316. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

    ``(a) Establishment.--Amtrak shall establish a Capital and 
Equipment Acquisition Account. Amounts in this account shall be used by 
Amtrak to--
            ``(1) acquire passenger equipment and locomotives;
            ``(2) encourage State and local investment in facilities 
        and equipment used to provide intercity rail passenger 
        transportation; and
            ``(3) address other critical capital priorities.
    ``(b) Deposits.--Amtrak may deposit into the Capital and Equipment 
Acquisition Account--
            ``(1) payments received for the use of its equipment or 
        facilities;
            ``(2) claims recovered by Amtrak; and
            ``(3) amounts from any other source to the extent 
        authorized by Federal law.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
243 of title 49, United States Code, is amended by adding at the end 
the following new item:

``24316. Capital and equipment acquisition account.''.

SEC. 9. ON-TIME PERFORMANCE.

    (a) Comparison.--The Secretary of Transportation shall conduct a 
direct comparison of the on-time performance of Amtrak compared to 
other modes of commercial passenger transportation, using consistent 
methodologies.
    (b) Report to Congress.--The Secretary of Transportation shall, not 
later than 1 year after the date of enactment of this Act, transmit to 
the Congress a report on the results of the comparison required by 
subsection (a), along with an explanation of the differences found in 
on-time performance between modes of transportation, including 
consideration of the age and condition of equipment and any other 
differences among the modes that affect the ability to achieve on-time 
service.

SEC. 10. COOPERATION WITH STUDY.

    Amtrak shall cooperate with the efforts of the Virginia State 
Department of Transportation in designing and carrying out a study on 
the feasibility of reestablishing rail service between Washington, 
D.C., and Bristol, Virginia.

SEC. 11. BURBANK-GLENDALE-PASADENA, CALIFORNIA, STATION FACILITIES.

    Amtrak shall develop a plan for new station facilities at the 
Burbank-Glendale-Pasadena Airport to accommodate the intercity rail 
passenger requirements of Amtrak, along with the needs of the commuter 
rail services serving the Burbank-Glendale-Pasadena metropolitan area. 
In developing the plan, Amtrak shall consider use of a facility at the 
airport as a primary facility for handling intercity and commuter 
passengers, shall evaluate sources of State, local, and private funding 
for the new station facilities, and shall propose the allocation of 
space and costs in the new facilities among all transportation services 
using the facilities. The plan shall be predicated upon completing the 
project with State, local, and private funding, and without Federal 
funds appropriated for Amtrak. Amtrak shall submit a report to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
containing such plan no later than April 1, 1995.

SEC. 12. CITY OF ONTARIO, CALIFORNIA, STATION FACILITIES.

    Amtrak shall develop a plan for new or redeveloped station 
facilities in the City of Ontario, California, to accommodate the 
intercity rail passenger requirements of Amtrak, along with the needs 
of the commuter rail services servicing the City of Ontario. In 
developing the plan, Amtrak shall consider use of a facility at the 
Ontario International Airport as the primary facility for handling 
intercity passengers, shall evaluate sources of State, local, and 
private funding for the new or redeveloped station facilities, and 
shall propose the allocation of space and costs in the new facilities 
among all transportation services using the facilities. The plan shall 
be predicated upon completing the project with State, local, and 
private funding, and without Federal funds appropriated for Amtrak. 
Amtrak shall submit a report to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate containing such plan no later than 
April 1, 1995.

SEC. 13. LAND CONVEYANCE.

    (a) Validation and Confirmation.--The conveyance described in 
subsection (b)(1) involving certain real property in Tulare County, 
California, forming a part of the right-of-way granted by the United 
States to the Southern Pacific Railroad under the Act entitled ``An Act 
granting Lands to aid in the Construction of a Railroad and Telegraph 
Line from the States of Missouri and Arkansas to the Pacific Coast'', 
approved July 27, 1866 (14 Stat. 292), is legalized, validated, and 
confirmed in the Redevelopment Agency of the city of Tulare, the 
grantee in such conveyance, and their successors in interest, with 
respect to all interests of the United States in the rights to the real 
property described in subsection (b)(2).
    (b) Conveyance and Real Property Described.--
            (1) Conveyance.--The conveyance referred to in subsection 
        (a) was made by a Judgment in Condemnation and Final Order of 
        Condemnation of the Superior Court in and for the county of 
        Tulare, State of California in Action No. 150298 entitled 
        ``Redevelopment Agency of the City of Tulare v. Southern 
        Pacific Transportation Company'' filed and entered March 10, 
        1992, by the Southern Pacific Transportation Company to the 
        Redevelopment Agency of the city of Tulare.
            (2) Real property described.--The real property referred to 
        in subsection (a) is a parcel of land in the northwest quarter 
        of section 11, township 20 south, range 24 east, Mount Diablo 
        Base and meridian in the city of Tulare, county of Tulare, 
        State of California, more particularly described as follows:
            Commencing at the intersection of the centerlines of Tulare 
        Avenue and ``J'' Street;
            Thence north 10 degrees 20 minutes 00 seconds west 208.54 
        feet along the centerline of ``J'' Street;
            Thence south 79 degrees 39 minutes 36 seconds west 40.00 
        feet to the westerly right-of-way line of ``J'' Street and the 
        True Point of Beginning;
            Thence south 10 degrees 20 minutes 00 seconds east 148.54 
        feet along said westerly right-of-way line to the beginning of 
        a tangent curve concave to the northwest having a radius of 
        20.00 feet, a radial line through which bears north 79 degrees 
        40 minutes 00 seconds east;
            Thence south, southwesterly and westerly along said curve 
        and right-of-way line through a central angle of 89 degrees 59 
        minutes 36 seconds to the northerly right-of-way line of Tulare 
        Avenue;
            Thence south 79 degrees 39 minutes 36 seconds west 159.89 
        feet along last said right-of-way line;
            Thence leaving said right-of-way line north 10 degrees 20 
        minutes 00 seconds west 168.54 feet parallel with the 
        centerline of ``J'' Street;
            Thence north 79 degrees 39 minutes 36 seconds east 179.88 
        feet to the Point of Beginning.
            Containing 0.69 acres.

SEC. 14. RESIDENCE OF EMPLOYEES.

    The amendments made by section 7 of the Amtrak Reauthorization and 
Improvement Act of 1990 shall apply to all periods before and after the 
date of their enactment.
[EX A]: Amtrak Investment Act of 1994 - Amends Federal transportation law to make it a goal of the National Railroad Passenger Corporation (AMTRAK) to manage its capital investment in such a way as to provide its customers with world class service. 
(Sec. 4) Requires AMTRAK to include in its annual report on its operations to the President and the Congress projections of anticipated and realized benefits of proposed and previously funded projects. 
(Sec. 5) Requires applications by a State, agency, or person requesting AMTRAK to provide rail passenger transportation, or to keep a train, route, or service that AMTRAK intends to discontinue, to commit it to provide at least 65 percent of the long-term loss (currently, short-term loss) of providing such transportation in the first year, and at least 55 percent of such loss in each succeeding year.  Requires a State, agency, or person, with respect to the renewal of such service, to state that it agrees to pay at least 55 percent of the long-term avoidable losses of operating such service and at least 50 percent of the associated capital costs.  Authorizes AMTRAK for each year of operation to contribute no more than 55 percent of the long-term avoidable losses in the first year of operation, and no more than 45 percent in each succeeding year. 
Directs the Secretary of Transportation (Secretary) to review AMTRAK's State-assisted rail passenger services program and report the results, including recommendations for revising such program, to the Congress. 
(Sec. 6)  Directs AMTRAK to make capital improvements for the Northeast Corridor improvement project necessary for reliable, high- speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. 
Requires AMTRAK to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville.  Requires AMTRAK to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island. 
(Sec. 7)  Authorizes appropriations for:  (1) capital acquisition and corridor development; (2) AMTRAK operating expenses; (3) AMTRAK operating losses; and (4) certain mandatory payments. 
(Sec. 8) Directs AMTRAK to establish a Capital and Equipment Acquisition Account. 
(Sec. 9) Directs the Secretary to report to the Congress on the on-time performance of AMTRAK as compared to other modes of commercial transportation. 
(Sec. 10) Requires AMTRAK to cooperate with the Virginia State Department of Transportation on a study of the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia. 
(Sec. 11) Requires AMTRAK to develop plans for new station facilities at the Burbank-Glendale-Pasadena Airport and in Ontario, California. 
(Sec. 13) Confirms the conveyance of U.S. interests in certain real property to Tulare County, California.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Timely Review and Increased Access 
to Affordable Drugs Act''.

SEC. 2. 30-MONTH STAY-OF-EFFECTIVENESS PERIOD.

    (a) In General.--Section 505(j) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355(j)) is amended--
            (1) in paragraph (2)(A)(vii)--
                    (A) by striking ``a certification, the opinion of 
                the applicant and to the best of his knowledge,'' and 
                inserting ``a certification that, in the opinion of and 
                to the best knowledge of the applicant,''; and
                    (B) by inserting after ``each patent'' the 
                following: ``published by the Secretary under 
                subsection (c)(2) at least 1 day before the date on 
                which the application is filed''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (B)(iii)--
                            (i) by inserting after ``of a patent'' the 
                        following: ``published by the Secretary under 
                        subsection (c)(2) at least 1 day before the 
                        date on which the application is filed'';
                            (ii) by striking ``paragraph (2)(B)(i)'' 
                        each place it appears and inserting ``(2)(B)''; 
                        and
                            (iii) by adding at the end the following: 
                        ``If, in connection with an application for 
                        approval of a drug under this subsection, the 
                        applicant provides an owner of a patent notice 
                        under paragraph (2)(B) with respect to the 
                        patent, and the owner of the patent fails to 
                        bring a civil action against the applicant for 
                        infringement of the patent on or before the 
                        date that is 45 days after the date on which 
                        the notice is received, the owner of the patent 
                        shall be barred from bringing a civil action 
                        against the applicant with respect to the 
                        application.'';
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (E) and (F), respectively; and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) Availability of 30-month period.--
                            ``(i) In general.--The 30-month period 
                        provided under subparagraph (B)(iii) shall be 
                        available only with respect to patents 
                        published by the Secretary under subsection 
                        (c)(2) at least 1 day before the date on which 
                        the application is filed.
                            ``(ii) Amendment of application.--If an 
                        application is amended to include a 
                        certification described in paragraph 
                        (2)(A)(vii)(IV), the 30-month period provided 
                        under subparagraph (B)(iii) shall be available 
                        with respect to the patent concerning which the 
                        certification was made.
                            ``(iii) Subsequent patents.--
                                    ``(I) Separate application.--Any 
                                patent published by the Secretary under 
                                subsection (c)(2) subsequent to the 
                                filing date but before approval of an 
                                application under this paragraph shall 
                                be addressed in a subsequent 
                                application if the subsequent applicant 
                                makes a certification described in 
                                subparagraph (2)(A)(vii)(IV) with 
                                respect to the patent, in which case 
                                the 30-month period provided under 
                                subparagraph (B)(iii) shall be 
                                available to the subsequently published 
                                patent.
                                    ``(II) Referencing information in 
                                the previous application.--If a 
                                subsequent application is filed, the 
                                Secretary shall permit the applicant, 
                                to the extent that the Secretary 
                                determines it to be appropriate, to 
                                reference information submitted in the 
                                previous application.''.
    (b) Conforming Amendments.--Section 505A of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 355a) is amended--
            (1) in subsections (b)(1)(A)(i) and (c)(1)(A)(i), by 
        striking ``(j)(5)(D)(ii)'' each place it appears and inserting 
        ``(j)(5)(F)(ii)'';
            (2) in subsections (b)(1)(A)(ii) and (c)(1)(A)(ii), by 
        striking ``(j)(5)(D)'' each place it appears and inserting 
        ``(j)(5)(F)''; and
            (3) in subsections (e) and (l), by striking 
        ``505(j)(5)(D)'' each place it appears and inserting 
        ``505(j)(5)(F)''.

SEC. 3. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.

    Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)(5)) (as amended by section 2) is amended--
            (1) in subparagraph (B)(iv), by striking subclause (II) and 
        inserting the following:
                                    ``(II) the earlier of--
                                            ``(aa) the date of a final 
                                        decision of a court in a civil 
                                        action described in clause 
                                        (iii) from which no appeal has 
                                        been or can be taken; or
                                            ``(bb) the date of a 
                                        settlement order or consent 
                                        decree signed by a Federal 
                                        judge that enters a final 
                                        judgment and includes a finding 
                                        that the patent that is the 
                                        subject of the certification is 
                                        invalid or not otherwise 
                                        infringed;''; and
            (2) by inserting after subparagraph (C) the following:
                    ``(D) Forfeiture of 180-day exclusivity period.--
                            ``(i) In general.--The 180-day exclusivity 
                        period described in subparagraph (B)(iv) shall 
                        be forfeited if the applicant--
                                    ``(I) fails to market the drug 
                                within 30 days after the date on which 
                                the approval of the application for the 
                                drug is made effective under 
                                subparagraph (B)(iii);
                                    ``(II) fails to market the drug--
                                            ``(aa) within 30 days after 
                                        the date of a final decision of 
                                        a court or the date of a 
                                        settlement order or consent 
                                        decree in a civil action 
                                        described in subparagraph 
                                        (B)(iii); or
                                            ``(bb) if the application 
                                        has not been approved before 
                                        the date of such a decision, 
                                        within 30 days after the date 
                                        of approval of the application;
                                    ``(III) withdraws the application;
                                    ``(IV) amends the application from 
                                a certification under paragraph 
                                (2)(A)(vii)(IV) to a certification 
                                under paragraph (2)(A)(vii)(III);
                                    ``(V) fails to get tentative 
                                approval of the application within 30 
                                months after the date on which the 
                                application is filed, if the failure is 
                                not caused by a change in the 
                                requirements for tentative approval of 
                                the application imposed after the date 
                                on which the application is filed; or
                                    ``(VI) enters into an agreement 
                                with the owner of the patent--
                                            ``(aa) that is the subject 
                                        of the certification under 
                                        paragraph (2)(A)(vii)(IV); and
                                            ``(bb) that the Federal 
                                        Trade Commission determines has 
                                        violated the antitrust laws (as 
                                        defined in section 1 of the 
                                        Clayton Act (15 U.S.C. 12), 
                                        except that the term includes 
                                        section 5 of the Federal Trade 
                                        Commission Act (15 U.S.C. 45) 
                                        to the extent that that section 
                                        applies to unfair methods of 
                                        competition).
                            ``(ii) Subsequent applicant.--If an 
                        applicant forfeits the 180-day exclusivity 
                        period under clause (i)--
                                    ``(I) a subsequent application 
                                containing a certification period 
                                described in paragraph (2)(A)(vii)(IV) 
                                shall become effective immediately on 
                                approval; and
                                    ``(II) the subsequent applicant 
                                shall not be eligible for a 180-day 
                                exclusivity period under subparagraph 
                                (B)(iv).''.

SEC. 4. BIOEQUIVALENCE.

    (a) In General.--The amendments to part 320 of title 21, Code of 
Federal Regulations, promulgated by the Commissioner of Food and Drugs 
on July 17, 1991 (57 Fed. Reg. 17997 (April 28, 1992)), shall continue 
in effect as an exercise of authorities under sections 501, 502, 505, 
and 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 
352, 355, 371).
    (b) Effect.--Subsection (a) does not affect the authority of the 
Commissioner of Food and Drugs to amend part 320 of title 21, Code of 
Federal Regulations.

SEC. 5. OVER-THE-COUNTER DRUGS.

    Section 503(b)(3) the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 353(b)(3)) is amended--
            (1) by striking ``(3) The Secretary may by regulation 
        remove drugs'' and inserting the following:
            ``(3) Removal of certain drugs from requirements of 
        paragraph (1).--
                    ``(A) In general.--The Secretary may by regulation 
                remove a drug''; and
            (2) by adding at the end the following:
                    ``(B) Misbranding.--A drug that is removed from the 
                requirements of paragraph (1) under subparagraph (A) 
                shall be deemed to be misbranded under paragraph (1) in 
                a case in which any person introduces the drug into 
                interstate commerce in accordance with the requirements 
                of paragraph (1).''.
[EX A]:
Timely Review and Increased Access to Affordable Drugs Act - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions concerning the timing of generic drug availability.Prohibits (for subsequently issued patents) an extension of the 30 month stay of Food and Drug Administration (FDA) approval for any new drug where an abbreviated new drug application (ANDA) contains a Paragraph IV filing/certification and the patent holder indicates an intention to bring a patent infringement suit against the new (generic) drug's manufacturer.Requires the first generic applicant (ANDA) with a Paragraph IV filing to forfeit the 180 day marketing exclusivity period to a subsequent generic applicant if the first generic applicant engages in certain behaviors which delay or prevent the marketing of the generic drug, including failure to market and agreements with the patent holder which violate the antitrust laws.Continues current regulations concerning bioeqiovalence.States that drugs which no longer require a prescription (over-the-counter) but that are sold as if they did are deemed misbranded (mislabeled and subject to seizure).