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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Firearm Marketing Safety 
Act''.

SEC. 2. PROHIBITION OF MARKETING FIREARMS TO CHILDREN.

    (a) Conduct Prohibited.--Not later than one year after the date of 
the enactment of this Act, the Federal Trade Commission shall 
promulgate rules in accordance with section 553 of title 5, United 
States Code, to prohibit any person from marketing firearms to 
children. Such rules shall include the following:
            (1) A prohibition on the use of cartoon characters to 
        promote firearms and firearm products.
            (2) A prohibition on firearm brand name merchandise 
        marketed for children (such as hats, t-shirts, and stuffed 
        animals).
            (3) A prohibition on the use of firearm marketing campaigns 
        with the specific intent to appeal to children.
            (4) A prohibition on the manufacturing of a gun with colors 
        or designs that are specifically designed with the purpose to 
        appeal to children.
            (5) A prohibition on the manufacturing of a gun intended 
        for use by children that does not clearly and conspicuously 
        note the risk posed by the firearm by labeling somewhere 
        visible on the firearm any of the following:
                    (A) ``Real gun, not a toy.''.
                    (B) ``Actual firearm the use of which may result in 
                death or serious bodily injury.''.
                    (C) ``Dangerous weapon''.
                    (D) Other similar language determined by the 
                Federal Trade Commission.
    (b) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a rule promulgated under subsection (a) shall be treated as a 
        violation of a regulation under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
        unfair or deceptive acts or practices.
            (2) Powers of commission.--The Federal Trade Commission 
        shall enforce this Act in the same manner, by the same means, 
        and with the same jurisdiction as though all applicable terms 
        and provisions of the Federal Trade Commission Act were 
        incorporated into and made a part of this Act. Any person who 
        violates the regulations promulgated under subsection (a) shall 
        be subject to the penalties and entitled to the privileges and 
        immunities provided in the Federal Trade Commission Act.
    (c) Actions by States.--
            (1) In general.--In any case in which the attorney general 
        of a State has reason to believe that an interest of the 
        residents of such State has been or is threatened or adversely 
        affected by an act or practice in violation of a rule 
        promulgated under subsection (a), the State, as parens patriae, 
        may bring a civil action on behalf of the residents of the 
        State in an appropriate State court to--
                    (A) enjoin such act or practice;
                    (B) enforce compliance with such rule;
                    (C) obtain damages, restitution, or other 
                compensation on behalf of residents of the State; or
                    (D) obtain such other legal and equitable relief as 
                the court may consider to be appropriate.
            (2) Notice.--Before filing an action under this subsection, 
        the attorney general, official, or agency of the State involved 
        shall provide to the Federal Trade Commission a written notice 
        of such action and a copy of the complaint for such action. If 
        the attorney general, official, or agency determines that it is 
        not feasible to provide the notice described in this paragraph 
        before the filing of the action, the attorney general, 
        official, or agency shall provide written notice of the action 
        and a copy of the complaint to the Federal Trade Commission 
        immediately upon the filing of the action.
            (3) Authority of federal trade commission.--
                    (A) In general.--On receiving notice under 
                paragraph (2) of an action under this subsection, the 
                Federal Trade Commission shall have the right--
                            (i) to intervene in the action;
                            (ii) upon so intervening, to be heard on 
                        all matters arising therein; and
                            (iii) to file petitions for appeal.
                    (B) Limitation on state action while federal action 
                is pending.--If the Federal Trade Commission or the 
                Attorney General of the United States has instituted a 
                civil action for violation of a rule promulgated under 
                subsection (a) (referred to in this subparagraph as the 
                ``Federal action''), no State attorney general, 
                official, or agency may bring an action under this 
                subsection during the pendency of the Federal action 
                against any defendant named in the complaint in the 
                Federal action for any violation of such rule alleged 
                in such complaint.
            (4) Rule of construction.--For purposes of bringing a civil 
        action under this subsection, nothing in this Act shall be 
        construed to prevent an attorney general, official, or agency 
        of a State from exercising the powers conferred on the attorney 
        general, official, or agency by the laws of such State to 
        conduct investigations, administer oaths and affirmations, or 
        compel the attendance of witnesses or the production of 
        documentary and other evidence.
    (d) Definitions.--In this section:
            (1) Child.--The term ``child'' means an individual that is 
        less than 18 years of age.
            (2) Firearm.--The term ``firearm'' has the meaning given 
        that term in section 921 of title 18, United States Code.
Children's Firearm Marketing Safety Act - Directs the Federal Trade Commission (FTC) to promulgate rules to prohibit the marketing of firearms to children, including prohibitions against:   the use of cartoon characters to promote firearms and firearm products,  firearm brand name merchandise marketed for children, the use of firearm marketing campaigns with the specific intent to appeal to children, the manufacturing of a gun with colors or designs that are specifically designed to appeal to children, and  the manufacturing of a gun intended for use by children that does not clearly and conspicuously note, by specified warnings on the firearm, the risk posed by the firearm by labeling somewhere visible on the firearm.  Treats violations of such rules as violations of Federal Trade Commission Act regulations regarding unfair or deceptive acts or practices. Provides for enforcement of this Act by the FTC and through civil actions by state attorneys general.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arson Prevention Act of 1994''.

SEC. 2. FINDINGS.

    Congress finds that_
        (1) arson is a serious and costly problem, and is responsible 
    for approximately 25 percent of all fires in the United States;
        (2) arson is a leading cause of fire deaths, accounting for 
    approximately 700 deaths annually in the United States, and is the 
    leading cause of property damage due to fire in the United States;
        (3) estimates of arson property losses are in the range of 
    $2,000,000,000 annually, or approximately 1 of every 4 dollars lost 
    to fire;
        (4) the incidence of arson in the United States is seriously 
    underreported, in part because of the lack of adequate 
    participation by local jurisdictions in the National Fire Incident 
    Reporting System (NFIRS) and the Uniform Crime Reporting (UCR) 
    program;
        (5) there is a need for expanded training programs for arson 
    investigators;
        (6) there is a need for improved programs designed to enable 
    volunteer firefighters to detect arson crimes and to preserve 
    evidence vital to the investigation and prosecution of arson cases;
        (7) according to the National Fire Protection Association, of 
    all the suspicious and incendiary fires estimated to occur, only 
    \1/3\ are confirmed as arson; and
        (8) improved training of arson investigators will increase the 
    ability of fire departments to identify suspicious and incendiary 
    fires, and will result in increased and more effective prosecution 
    of arson offenses.

SEC. 3. ARSON PREVENTION GRANTS.

    The Federal Fire Prevention and Control Act of 1974 is amended by 
inserting after section 24 (15 U.S.C. 2220) the following new section:

``SEC. 25. ARSON PREVENTION GRANTS.

    ``(a) Definitions._As used in this section:
        ``(1) Arson._The term `arson' includes all incendiary and 
    suspicious fires.
        ``(2) Office._The term `Office' means the Office of Fire 
    Prevention and Arson Control of the United States Fire 
    Administration.
    ``(b) Grants._The Administrator, acting through the Office, shall 
carry out a demonstration program under which not more than 10 grant 
awards shall be made to States, or consortia of States, for programs 
relating to arson research, prevention, and control.
    ``(c) Goals._In carrying out this section, the Administrator shall 
award 2-year grants on a competitive, merit basis to States, or 
consortia of States, for projects that promote one or more of the 
following goals:
        ``(1) To improve the training by States leading to professional 
    certification of arson investigators, in accordance with nationally 
    recognized certification standards.
        ``(2) To provide resources for the formation of arson task 
    forces or interagency organizational arrangements involving police 
    and fire departments and other relevant local agencies, such as a 
    State arson bureau and the office of a fire marshal of a State.
        ``(3) To combat fraud as a cause of arson and to advance 
    research at the State and local levels on the significance and 
    prevention of fraud as a motive for setting fires.
        ``(4) To provide for the management of arson squads, including_
            ``(A) training courses for fire departments in arson case 
        management, including standardization of investigative 
        techniques and reporting methodology;
            ``(B) the preparation of arson unit management guides; and
            ``(C) the development and dissemination of new public 
        education materials relating to the arson problem.
        ``(5) To combat civil unrest as a cause of arson and to advance 
    research at the State and local levels on the prevention and 
    control of arson linked to urban disorders.
        ``(6) To combat juvenile arson, such as juvenile fire-setter 
    counseling programs and similar intervention programs, and to 
    advance research at the State and local levels on the prevention of 
    juvenile arson.
        ``(7) To combat drug-related arson and to advance research at 
    the State and local levels on the causes and prevention of drug-
    related arson.
        ``(8) To combat domestic violence as a cause of arson and to 
    advance research at the State and local levels on the prevention of 
    arson arising from domestic violence.
        ``(9) To combat arson in rural areas and to improve the 
    capability of firefighters to identify and prevent arson initiated 
    fires in rural areas and public forests.
        ``(10) To improve the capability of firefighters to identify 
    and combat arson through expanded training programs, including_
            ``(A) training courses at the State fire academies; and
            ``(B) innovative courses developed with the Academy and 
        made available to volunteer firefighters through regional 
        delivery methods, including teleconferencing and satellite 
        delivered television programs.
    ``(d) Structuring of Applications._The Administrator shall assist 
grant applicants in structuring their applications so as to ensure that 
at least one grant is awarded for each goal described in subsection 
(c).
    ``(e) State Qualification Criteria._In order to qualify for a grant 
under this section, a State, or consortium of States, shall provide 
assurances adequate to the Administrator that the State or consortium_
        ``(1) will obtain at least 25 percent of the cost of programs 
    funded by the grant, in cash or in kind, from non-Federal sources;
        ``(2) will not as a result of receiving the grant decrease the 
    prior level of spending of funds of the State or consortium from 
    non-Federal sources for arson research, prevention, and control 
    programs;
        ``(3) will use no more than 10 percent of funds provided under 
    the grant for administrative costs of the programs; and
        ``(4) is making efforts to ensure that all local jurisdictions 
    will provide arson data to the National Fire Incident Reporting 
    System or the Uniform Crime Reporting program.
    ``(f) Extension._A grant awarded under this section may be extended 
for one or more additional periods, at the discretion of the 
Administrator, subject to the availability of appropriations.
    ``(g) Technical Assistance._The Administrator shall provide 
technical assistance to States in carrying out programs funded by 
grants under this section.
    ``(h) Consultation and Cooperation._In carrying out this section, 
the Administrator shall consult and cooperate with other Federal 
agencies to enhance program effectiveness and avoid duplication of 
effort, including the conduct of regular meetings initiated by the 
Administrator with representatives of other Federal agencies concerned 
with arson and concerned with efforts to develop a more comprehensive 
profile of the magnitude of the national arson problem.
    ``(i) Assessment._Not later than 18 months after the date of 
enactment of this subsection, the Administrator shall submit a report 
to Congress that_
        ``(1) identifies grants made under this section;
        ``(2) specifies the identity of grantees;
        ``(3) states the goals of each grant; and
        ``(4) contains a preliminary assessment of the effectiveness of 
    the grant program under this section.
    ``(j) Regulations._Not later than 90 days after the date of 
enactment of this subsection, the Administrator shall issue regulations 
to implement this section, including procedures for grant applications.
    ``(k) Administration._The Administrator shall directly administer 
the grant program required by this section, and shall not enter into 
any contract under which the grant program or any portion of the 
program will be administered by another party.
    ``(l) Purchase of American Made Equipment and Products._
        ``(1) Sense of congress._It is the sense of Congress that any 
    recipient of a grant under this section should purchase, when 
    available and cost-effective, American made equipment and products 
    when expending grant monies.
        ``(2) Notice to recipients of assistance._In allocating grants 
    under this section, the Administrator shall provide to each 
    recipient a notice describing the statement made in paragraph (1) 
    by the Congress.''.

SEC. 4. VOLUNTEER FIREFIGHTER TRAINING.

    Section 24(a)(2) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2220(a)(2)) is amended by inserting before the 
semicolon the following: ``, with particular emphasis on the needs of 
volunteer firefighters for improved and more widely available arson 
training courses''.

SEC. 5. CPR TRAINING.

    The Federal Fire Prevention and Control Act of 1974 is amended by 
adding at the end the following new section:

``SEC. 32. CPR TRAINING.

    ``No funds shall be made available to a State or local government 
under section 25 unless such government has a policy to actively 
promote the training of its firefighters in cardiopulmonary 
resuscitation.''.

SEC. 6. FEDERAL EMPLOYEE HOUSING EXCEPTIONS.

    Section 31(c)(1) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2227(c)(1)) is amended_
        (1) in subparagraph (A), by striking ``No Federal'' and 
    inserting in lieu thereof ``Except as otherwise provided in this 
    paragraph, no Federal''; and
        (2) by adding at the end the following new subparagraphs:
    ``(C) Housing covered by this paragraph that does not have an 
adequate and reliable electrical system shall not be subject to the 
requirement under subparagraph (A) for protection by hard-wired smoke 
detectors, but shall be protected by battery operated smoke detectors.
    ``(D) If funding has been programmed or designated for the 
demolition of housing covered by this paragraph, such housing shall not 
be subject to the fire protection requirements of subparagraph (A), but 
shall be protected by battery operated smoke detectors.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 17 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2216) is amended by adding at the end the following new 
subsection:
    ``(h) In addition to any other amounts that are authorized to be 
appropriated to carry out this Act, there are authorized to be 
appropriated to carry out this Act_
        ``(1) $500,000 for fiscal year 1995 for basic research on the 
    development of an advanced course on arson prevention;
        ``(2) $2,000,000 for fiscal year 1996 for the expansion of 
    arson investigator training programs at the Academy under section 
    24 and at the Federal Law Enforcement Training Center, or through 
    regional delivery sites;
        ``(3) $4,000,000 for each of fiscal years 1995 and 1996 for 
    carrying out section 25, except for salaries and expenses for 
    carrying out section 25; and
        ``(4) $250,000 for each of the fiscal years 1995 and 1996 for 
    salaries and expenses for carrying out section 25.''.

SEC. 8. SUNSET.

    Notwithstanding any other provision of this Act, no funds are 
authorized to be appropriated for any fiscal year after fiscal year 
1996 for carrying out the programs for which funds are authorized by 
this Act, or the amendments made by this Act.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.
Arson Prevention Act of 1994 - Amends the Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration, acting through the Office of Fire Prevention and Arson Control, to carry out a demonstration program under which not more than ten grant awards shall be made to States or consortia of States (States) for programs relating to arson research, prevention, and control. 
Directs the Administrator, in carrying out such provision, to award two-year grants on a competitive, merit basis to States for projects that promote one or more of specified goals, including:  (1) improving the training by States leading to professional certification of arson investigators; (2) providing resources for the formation of arson task forces or interagency organizational arrangements involving the police and fire departments and other relevant local agencies; (3) combating fraud as a cause of arson and advancing research at the State and local levels on the significance and prevention of fraud as a motive for setting fires; (4) combating juvenile arson, drug-related arson, and domestic violence as a cause of arson; and (5) improving the capability of firefighters to identify and combat arson through expanded training programs. 
Sets forth provisions regarding:  (1) the structuring of applications; (2) State qualification criteria; (3) the extension of grants; (4) technical assistance; (5) consultation and cooperation with other Federal agencies; (6) assessment; and (7) the purchase of American made equipment and products by grant recipients. 
(Sec. 4) Includes within a provision requiring the Administrator to provide training and instructional materials in skills and knowledge necessary to assist Federal, State, and local fire service and law enforcement personnel in arson prevention, detection, and control, a requirement that particular emphasis be placed on the needs of volunteer firefighters for improved and more widely available arson training courses. 
(Sec. 5) Prohibits making certain funds available to a State or local government under the Act unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation. 
(Sec. 6) Exempts Federal employee housing that does not have an adequate and reliable electrical system from the requirement for protection by hard-wired (but requires battery operated) smoke detectors. 
(Sec. 7) Authorizes appropriations, including appropriations for basic research on the development of an advanced course on arson prevention and for the expansion of arson investigator training programs at the National Fire Academy and the Federal Law Enforcement Training Center or through regional delivery sites. 
(Sec. 8) Prohibits any funds from being authorized to be appropriated for any fiscal year after FY 1996 for carrying out the programs for which funds are authorized by this Act or the amendments made by this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding and Promoting Expertise in 
Rare Treatments Act of 2012'' or the ``ExPERT Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Biomedical research is yielding discoveries that are 
        leading to the development of new therapies that hold great 
        promise for treating disease.
            (2) Scientists are increasingly unlocking the potential for 
        targeting treatments according to genetic defect.
            (3) Many of the new therapies that are under development in 
        laboratories across the Nation are targeted to rare diseases, 
        small subsets of diseases of significant incidence, or even 
        small subsets of rare diseases.
            (4) Progress in the development of targeted therapies, 
        while of great promise for those with disease or disability, 
        requires the Food and Drug Administration to develop or obtain 
        expertise in many diseases and disease subtypes.
            (5) In previous circumstances when the Food and Drug 
        Administration has consulted with rare drug experts, the agency 
        has been able to move new therapies to market with greater 
        efficiency.
            (6) The Food and Drug Administration benefits from this 
        type of consultation with external experts who have a deep 
        understanding of the diseases or disease subtypes that are 
        targeted by new therapies.
            (7) Access to external experts provides valuable advice 
        about rare diseases or disease subtypes, disease severity, and 
        unmet medical needs.

SEC. 3. CONSULTATION WITH EXTERNAL EXPERTS.

    Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the 
following:

``SEC. 568. CONSULTATION WITH EXTERNAL EXPERTS ON RARE DISEASES, 
              TARGETED THERAPIES, AND GENETIC TARGETING OF TREATMENTS.

    ``(a) In General.--
            ``(1) Opportunities for consultation.--The Secretary shall 
        ensure that opportunities exist, at a time the Secretary 
        determines appropriate, for consultation with external experts 
        on the topics described in subsection (c), for the purpose of 
        promoting the efficiency of and informing the review by the 
        Food and Drug Administration of drugs and biologic products for 
        rare diseases and drugs and biologic products that are 
        genetically targeted.
            ``(2) Consultation.--The Center for Drug Evaluation and 
        Research and the Center for Biologics Evaluation and Research 
        shall, when appropriate, seek the opinion of external experts 
        on any topic, including the topics described in subsection (c), 
        by initiating contact with such experts. External experts may 
        also request the opportunity to meet with a review division 
        regarding any topic described in subsection (c).
    ``(b) External Experts.--The external experts under subsection (a) 
may include--
            ``(1) representatives of patient, consumer, research, and 
        health professional organizations with expertise relevant to 
        the review of rare disease products;
            ``(2) experts on rare diseases, rare subtypes of rare and 
        other diseases, and genetic targeting of treatments, including 
        experts from academia; and
            ``(3) experts in innovative clinical trial designs for 
        small target populations.
    ``(c) Topics for Consultation.--Topics for consultation may 
include--
            ``(1) rare diseases;
            ``(2) the severity of rare diseases;
            ``(3) the unmet medical need associated with rare diseases;
            ``(4) the willingness and ability of individuals with a 
        rare disease to participate in clinical trials;
            ``(5) an assessment of the benefits and risks, including 
        side effects, of current and investigational therapies;
            ``(6) the design of clinical trials for rare disease 
        populations and subpopulations, including regulatory and 
        scientific policies affecting the design of such trials; and
            ``(7) demographics and the clinical description of patient 
        populations.
    ``(d) Classification as Special Government Employees.--The external 
experts who are consulted under this section may be considered special 
government employees, as defined under section 202 of title 18, United 
States Code.
    ``(e) Proprietary Information.--Nothing in this section shall be 
construed to create a right for any external expert, as described in 
subsection (b), to obtain access to proprietary information of a 
sponsor without the permission of such sponsor.
    ``(f) No Right or Obligation.--Nothing in this section shall be 
construed to create a legal right for a consultation on any matter or 
require the Secretary to meet with any particular expert.''.

Expanding and Promoting Expertise in Rare Treatments Act of 2012 or EXPERT Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS) to ensure that opportunities exist for consultation with external experts to promote the efficiency of and inform the review by the Food and Drug Administration (FDA) of drugs and biologic products for rare diseases and drugs and biologic products that are genetically targeted.

Requires the Center for Drug Evaluation and Research and the Center for Biologics Evaluation and Research to seek the opinion of external experts on topics that may include: (1) rare diseases; (2) the severity of rare diseases; (3) the unmet medical need associated with rare diseases; (4) the willingness and ability of individuals with a rare disease to participate in clinical trials; (5) an assessment of the benefits and risks, including side effects, of current and investigational therapies; (6) the design of clinical trials for rare disease populations and subpopulations; and (7) demographics and the clinical description of patient populations. Authorizes: (1) external experts to request the opportunity to meet with a review division regarding any such topic, and (2) external experts who are consulted to be considered special government employees.

Declares that nothing in this Act shall be construed to: (1) create a right for any external expert to obtain access to proprietary information of a sponsor without that sponsor's permission or a legal right for a consultation on any matter, or (2) require the Secretary to meet with any particular expert.