instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ambulatory Surgical Center Medicare 
Payment Modernization Act of 2005''.

SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES.

    (a) In General.--Section 1833(i) of the Social Security Act (42 
U.S.C. 1395l(i)) is amended to read as follows:
    ``(i)(1) Payment shall be made under this part in the amount 
specified under paragraph (2) for facility services furnished to an 
individual in an ambulatory surgical center in connection with any 
outpatient surgical procedure covered under this part as a hospital 
outpatient department service, except for those procedures that the 
Secretary designates, in consultation with appropriate trade and 
professional organizations (including those having direct experience 
with ambulatory surgical centers) as posing a significant safety risk 
or requiring an overnight stay when performed in ambulatory surgical 
centers. Not less frequently than once every two years the Secretary 
shall review and, may, after public comment, make appropriate 
adjustments to this list of procedures excluded from coverage when 
performed in ambulatory surgical centers as the Secretary deems 
necessary.
    ``(2)(A) Subject to subparagraphs (B) and (C), the amount of 
payment to be made under this subsection for facility services 
furnished to an individual in an ambulatory surgical center in 
accordance with paragraph (1) shall be equal to 75 percent of the fee 
schedule amount determined under paragraph (3)(A) of subsection (t) for 
payment of the same service furnished in hospital outpatient 
departments, as adjusted under paragraphs (4)(A), (6), and (15) of such 
subsection, less a 20 percent beneficiary copayment.
    ``(B) For covered ambulatory surgical center services furnished on 
or after January 1, 2008, and before January 1, 2012, for which the 
ambulatory surgical center payment amount payable under this subsection 
in 2007 (in this subsection referred to as the `2007 ASC payment 
amount') is less than 75 percent of the hospital OPD fee schedule 
amount under subsection (t) in 2007 for the same services, the amount 
of payment under this subsection shall be calculated as follows:
            ``(i) For services furnished during 2008, the amount shall 
        be equal to the sum of--
                    ``(I) 80 percent of the 2007 ASC payment amount, as 
                increased by the percentage increase in the consumer 
                price index for all urban consumers (United States city 
                average) as estimated by the Secretary for the 12-month 
                period ending with December 31, 2006; and
                    ``(II) 20 percent of the payment amount under 
                paragraph (2)(A) for 2008.
            ``(ii) For services furnished during 2009, the amount shall 
        be equal to the sum of--
                    ``(I) 60 percent of the 2007 ASC payment amount as 
                increased under clause (i)(I) and as further increased 
                by the percentage increase in the consumer price index 
                for all urban consumers (United States city average) as 
                estimated by the Secretary for the 12-month period 
                ending with December 31, 2007; and
                    ``(II) 40 percent of the payment amount under 
                paragraph (2)(A) for 2009.
            ``(iii) For services furnished during 2010, the amount 
        shall be equal to the sum of--
                    ``(I) 40 percent of the 2007 ASC payment amount as 
                increased under clauses (i)(I) and (ii)(I) and as 
                further increased by the percentage increase in the 
                consumer price index for all urban consumers (United 
                States city average) as estimated by the Secretary for 
                the 12-month period ending with December 31, 2008; and
                    ``(II) 60 percent of the payment amount under 
                paragraph (2)(A) for 2010.
            ``(iv) For services furnished during 2011, the amount shall 
        be equal to the sum of--
                    ``(I) 20 percent of the 2007 ASC payment amount as 
                increased under clauses (i)(I), (ii)(I), and (iii)(I) 
                and as further increased by the percentage increase in 
                the consumer price index for all urban consumers 
                (United States city average) as estimated by the 
                Secretary for the 12-month period ending with December 
                31, 2009; and
                    ``(II) 80 percent of the payment amount under 
                paragraph (2)(A) for 2011.
    ``(C) For covered ambulatory surgical center services for which the 
2007 ASC payment amount is--
            ``(i) greater than 75 percent, but less than 100 percent, 
        of the hospital OPD fee schedule amount under subsection (t) in 
        2007 for the same services, the amount of payment under this 
        subsection shall be the greater of the 2007 ASC payment amount 
        or--
                    ``(I) for services furnished in 2008, the payment 
                amount under subparagraph (B)(i);
                    ``(II) for services furnished in 2009, the payment 
                amount under subparagraph (B)(ii);
                    ``(III) for services furnished in 2010, the payment 
                amount under subparagraph (B)(iii);
                    ``(IV) for services furnished in 2011, the payment 
                amount under subparagraph (B)(iv); or
                    ``(V) in 2012 and subsequent years, the payment 
                amount under subparagraph (A),
        but in no case in excess of the then applicable hospital OPD 
        fee schedule amount; or
            ``(ii) greater than the hospital OPD fee schedule amount 
        under subsection (t) in 2007 for the same services, the amount 
        of payment under this subsection--
                    ``(I) for services furnished during 2008, is equal 
                to the midpoint between the 2007 ASC payment amount and 
                100 percent of such 2007 hospital OPD fee schedule 
                amount; or
                    ``(II) for services furnished in a subsequent year 
                is equal to the greater of the 2007 hospital OPD fee 
                schedule amount or the payment amount specified under 
                subclause (I) through (V) of clause (i) for the year 
                involved, but but in no case in excess of the then 
                applicable hospital OPD fee schedule amount.''.
    (b) Conforming Amendments.--
            (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 
        1395k(a)(2)(F)(i)) is amended--
                    (A) by striking ``section 1833(i)(1)(A)'' and 
                inserting ``section 1833(i)(1)'';
                    (B) by striking ``the standard overhead amount as 
                determined under section 1833(i)(2)(A)'' and inserting 
                ``the amount determined under section 1833(i)(2)''; and
                    (C) by striking all that follows ``as full payment 
                for such services'' and inserting ``, or''.
            (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 
        1395l(a)(1)(G)) is amended--
                    (A) by striking ``subsection (i)(1)(A)'' and 
                inserting ``subsection (i)(1)'';
                    (B) by striking ``for services furnished 
                beginning'' and all that follows through ``subsection 
                (i)(2)(D)''; and
                    (C) by striking ``such revised payment system'' and 
                inserting ``under subsection (i)(2)''.
            (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) 
        is amended--
                    (A) by striking ``section 1833(i)(1)(A)'' and 
                inserting ``subsection (i)(1)''; and
                    (B) by striking ``paragraph (2) or (3) of 
                subsection (i)'' and inserting ``subsection (i)(1)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to ambulatory surgical center services furnished on or after 
January 1, 2008.
answer:
Ambulatory Surgical Center Medicare Payment Modernization Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services furnished to individuals in ambulatory surgical centers.


question:
67, and approved by 
Congress, allow for such further authorizations.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. ANNUAL REPORT.

    Section 3(f) of the National Science Foundation Act of 1950 (42 
U.S.C. 1862(f)) is amended to read as follows:
    ``(f) The Foundation shall provide an annual report to the 
President which shall be submitted by the Director to the Congress at 
the time of the President's annual budget submission. The report 
shall--
            ``(1) contain a strategic plan, or an update to a previous 
        strategic plan, which--
                    ``(A) defines for a three-year period the overall 
                goals for the Foundation and specific goals for each 
                major activity of the Foundation, including each 
                scientific directorate, the education directorate, and 
                the polar programs office; and
                    ``(B) describe how the identified goals relate to 
                national needs and will exploit new opportunities in 
                science and technology;
            ``(2) identify the criteria and describe the procedures 
        which the Foundation will use to assess progress toward 
        achieving the goals identified in accordance with paragraph 
        (1);
            ``(3) review the activities of the Foundation during the 
        preceding year which have contributed toward achievement of 
        goals identified in accordance with paragraph (1) and summarize 
        planned activities for the coming three years in the context of 
        the identified goals, with particular emphasis on the 
        Foundation's planned contributions to major multi-agency 
        research and education initiatives;
            ``(4) contain such recommendations as the Foundation 
        considers appropriate; and
            ``(5) include information on the acquisition and 
        disposition by the Foundation of any patents and patent 
        rights.''.

SEC. 202. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--The Director shall provide to Congress 
annually, as a part of the report required under section 3(f) of the 
National Science Foundation Act of 1950, a plan for the proposed 
construction of, and repair and upgrades to, national research 
facilities. The plan shall include estimates of the cost for such 
construction, repairs, and upgrades, and estimates of the cost for the 
operation and maintenance of existing and proposed new facilities. For 
proposed new construction and for major upgrades to existing 
facilities, the plan shall include funding profiles by fiscal year and 
milestones for major phases of the construction. The plan shall include 
cost estimates in the categories of construction, repair, and upgrades 
for the year in which the plan is submitted to Congress and for not 
fewer than the succeeding 4 years.
    (b) Limitation on Obligation of Unauthorized Appropriations.--No 
funds appropriated for any project which involves construction of new 
national research facilities or construction necessary for upgrading 
the capabilities of existing national research facilities shall be 
obligated unless the funds are specifically authorized for such purpose 
by this Act or any other Act which is not an appropriations Act, or 
unless the total estimated cost to the Foundation of the construction 
project is less than $50,000,000. This subsection shall not apply to 
construction projects approved by the National Science Board prior to 
June 30, 1994.

SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

    Section 203(b) of the Academic Research Facilities Modernization 
Act of 1988 is amended by striking the final sentence of paragraph (3) 
and inserting in lieu thereof the following: ``The Director shall give 
priority to institutions or consortia that have not received such funds 
in the preceding 5 years, except that this sentence shall not apply to 
previous funding received for the same multiyear project.''.

SEC. 204. ADMINISTRATIVE AMENDMENTS.

    (a) National Science Foundation Act of 1950 Amendments.--The 
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is 
amended--
            (1) by redesignating the subsection (k) of section 4 (42 
        U.S.C. 1863(k)) that was added by section 108 of the National 
        Science Foundation Authorization Act of 1988 as subsection (l);
            (2) in section 5(e) (42 U.S.C. 1864(e)) by amending 
        paragraph (2) to read as follows:
    ``(2) Any delegation of authority or imposition of conditions under 
paragraph (1) shall be promptly published in the Federal Register and 
reported to the Committees on Labor and Human Resources and Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.'';
            (3) by inserting ``be entitled to'' between ``shall'' and 
        ``receive'', and by inserting ``, including traveltime,'' after 
        ``Foundation'' in section 14(c) (42 U.S.C. 1873(c));
            (4) by striking section 14(j) (42 U.S.C. 1873(j)); and
            (5) by striking ``Atomic Energy Commission'' in section 
        15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof 
        ``Secretary of Energy''.
    (b) National Science Foundation Authorization Act, 1976 
Amendments.--Section 6(a) of the National Science Foundation 
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking 
``social,'' the first place it appears.
    (c) National Science Foundation Authorization Act of 1988 
Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science 
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is 
amended to read as follows:
            ``(v) from schools established outside the several States 
        and the District of Columbia by any agency of the Federal 
        Government for dependents of its employees.''.
    (2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is 
amended by striking ``Science and Engineering Education'' and inserting 
in lieu thereof ``Education and Human Resources''.
    (d) Education for Economic Security Act Amendments.--Section 107 of 
Education for Economic Security Act (20 U.S.C. 3917) is repealed.
    (e) Technical Amendment.--The second subsection (g) of section 3 of 
the National Science Foundation Act of 1950 is repealed.

SEC. 205. INDIRECT COSTS.

    (a) Matching Funds.--Matching funds required pursuant to section 
204(a)(2)(C) of the Academic Research Facilities Modernization Act of 
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities 
costs for purposes of determining indirect cost rates.
    (b) Report.--The Director of the Office of Science and Technology 
Policy, in consultation with other relevant agencies, shall prepare a 
report analyzing what steps would be needed to--
            (1) reduce by 10 percent the proportion of Federal 
        assistance to institutions of higher education that are 
        allocated for indirect costs; and
            (2) reduce the variance among indirect cost rates of 
        different institutions of higher education,
including an evaluation of the relative benefits and burdens of each 
option on institutions of higher education. Such report shall be 
transmitted to the Congress no later than December 31, 1995.
SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES.

    The Foundation shall incorporate the guidelines set forth in 
Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754, 
April 12, 1983), relating to the use and operation of Foundation-
supported research instrumentation and facilities, in its notice of 
Grant General Conditions, and shall examine more closely the adherence 
of grantee organizations to such guidelines.

SEC. 207. FINANCIAL DISCLOSURE.

    Persons temporarily employed by or at the Foundation shall be 
subject to the same financial disclosure requirements and related 
sanctions under the Ethics in Government Act of 1978 as are permanent 
employees of the Foundation in equivalent positions.

SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.

    In order to be eligible to receive funds from the Foundation after 
September 30, 1995, an institution of higher education must provide 
that whenever any student of the institution who is a member of the 
National Guard, or other reserve component of the Armed Forces of the 
United States, is called or ordered to active duty, other than active 
duty for training, the institution shall grant the member a military 
leave of absence from their education. Persons on military leave of 
absence from their institution shall be entitled, upon release from 
military duty, to be restored to the educational status they had 
attained prior to their being ordered to military duty without loss of 
academic credits earned, scholarships or grants awarded, or tuition and 
other fees paid prior to the commencement of the military duty. It 
shall be the duty of the institution to refund tuition or fees paid or 
to credit the tuition and fees to the next semester or term after the 
termination of the educational military leave of absence at the option 
of the student.
SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this Act shall be available for any 
activity whose purpose is to influence legislation pending before the 
Congress, provided that this shall not prevent officers or employees of 
the United States or of its departments or agencies from communicating 
to Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.
SEC. 210. SCIENCE STUDIES INSTITUTE.

    (a) Amendment.--Section 822 of the National Defense Authorization 
Act for Fiscal 1991 (42 U.S.C. 6686) is amended--
            (1) by striking ``Critical Technologies Institute'' in the 
        section heading and in subsection (a), and inserting in lieu 
        thereof ``Science Studies Institute'';
            (2) in subsection (b) by striking ``As determined by the 
        chairman of the committee referred to in subsection (c), the'' 
        and inserting in lieu thereof ``The'';
            (3) by striking subsection (c), and redesignating 
        subsections (d), (e), (f), and (g) as subsections (c), (d), 
        (e), and (f), respectively;
            (4) in subsection (c), as so redesignated by paragraph (3) 
        of this subsection--
                    (A) by inserting ``science and'' after 
                ``developments and trends in'' in paragraph (1);
                    (B) by striking ``with particular emphasis'' in 
                paragraph (1) and all that follows through the end of 
                such paragraph and inserting in lieu thereof ``and 
                developing and maintaining relevant informational and 
                analytical tools.'';
                    (C) by striking ``to determine'' and all that 
                follows through ``technology policies'' in paragraph 
                (2) and inserting in lieu thereof ``with particular 
                attention to the scope and content of the Federal 
                science and technology research and develop portfolio 
                as it affects interagency and national issues'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Initiation of studies and analysis of alternatives 
        available for ensuring the long-term strength of the United 
        States in the development and application of science and 
        technology, including appropriate roles for the Federal 
        Government, State governments, private industry, and 
        institutions of higher education in the development and 
        application of science and technology.'';
                    (E) by inserting ``science and'' after ``Executive 
                branch on'' in paragraph (4)(A); and
                    (F) by amending paragraph (4)(B) to read as 
                follows:
                    ``(B) to the interagency committees and panels of 
                the Federal Government concerned with science and 
                technology.'';
            (5) in subsection (d), as so redesignated by paragraph (3) 
        of this subsection, by striking ``subsection (d)'' and 
        inserting in lieu thereof ``subsection (c)''; and
            (6) by amending subsection (f), as so redesignated by 
        paragraph (3) of this subsection, to read as follows:
    ``(f) Sponsorship.--The Director of the Office of Science and 
Technology Policy shall be the sponsor of the Institute.''.
    (b) Conforming Usage.--All references in Federal law or regulations 
to the Critical Technologies Institute shall be considered to be 
references to the Science Studies Institute.
SEC. 211. EDUCATIONAL IMPACT.

    (a) Findings.--The Congress finds that--
            (1) Federal research funds made available to institutions 
        of higher education often create incentives for such 
        institutions to emphasize research over undergraduate teaching 
        and to narrow the focus of their graduate programs; and
            (2) National Science Foundation funds for Research and 
        Related Activities should be spent in the manner most likely to 
        improve the quality of undergraduate and graduate education in 
        institutions of higher education.
    (b) Educational Impact.--(1) The impact that a grant or cooperative 
agreement by the National Science Foundation would have on 
undergraduate and graduate education at an institution of higher 
education shall be a factor in any decision whether to award such grant 
or agreement to that institution.
    (2) Paragraph (1) shall be effective with respect to any grant or 
cooperative agreement awarded after September 30, 1996.
    (c) Report.--The Director shall provide a plan for the 
implementation of subsection (b) of this section, no later than 
December 31, 1995, to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Labor and Human Resources of the 
Senate.
SEC. 212. DIVISIONS OF THE FOUNDATION.

    (a) Amendment.--Section 8 of the National Science Foundation Act of 
1950 (42 U.S.C. 1866) is amended by inserting ``The Director may 
appoint, in consultation with the Board, not more than 6 Assistant 
Directors to assist in managing the Divisions.'' after ``time to time 
determine.''.
    (b) Report.--By November 15, 1995, the Director shall transmit to 
the Congress a report on the reorganization of the National Science 
Foundation required as a result of the amendment made by subsection 
(a).
SEC. 213. LIMITATION ON APPROPRIATIONS.

    (a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding 
any other provision of law, no sums are authorized to be appropriated 
for fiscal year 1996 for the activities of the National Science 
Foundation unless such sums are specifically authorized to be 
appropriated by this Act.
    (b) Subsequent Fiscal Years.--No sums are authorized to be 
appropriated for any fiscal year after fiscal year 1996 for the 
activities of the National Science Foundation unless such sums are 
specifically authorized to be appropriated by Act of Congress with 
respect to such fiscal year.

SEC. 214. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Director shall exclude from consideration for 
awards of financial assistance made by the National Science Foundation 
after fiscal year 1995 any person who received funds, other than those 
described in subsection (b), appropriated for a fiscal year after 
fiscal year 1995, from any Federal funding source for a project that 
was not subjected to a competitive, merit-based award process. Any 
exclusion from consideration pursuant to this section shall be 
effective for a period of 5 years after the person receives such 
Federal funds.
    (b) Exception.--Subsection (a) shall not apply to awards to persons 
who are members of a class specified by law for which assistance is 
awarded to members of the class according to a formula provided by law.
HR 1852 RH----2
answer:
TABLE OF CONTENTS: 
     Title I:  National Science Foundation Authorization 
     Title II:  General Provisions 
National Science Foundation Authorization Act of 1995 - 
Title I: National Science Foundation Authorization
 - Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997. 
(Sec. 104) Provides for reprogramming of appropriations. 
(Sec. 105) States that nothing in this Act shall preclude additional FY 1996 authorization of appropriations for NSF. 
Title II:  General Provisions
 - Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. 
(Sec. 202) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. 
(Sec. 203) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years. 
(Sec. 204) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act. 
(Sec. 206) Requires certain research instrumentation and facilities guidelines to be incorporated in NSF grant notices. 
(Sec. 207) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. 
(Sec. 208) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). 
(Sec. 209) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity. 
(Sec. 210) Renames the Critical Technologies Institute as the Science Studies Institute. 
(Sec. 211) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award. 
(Sec. 212) Authorizes the Director of NSF to appoint up to six Assistant Directors. 
(Sec. 214) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.)


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Witness Protection Act of 
2013''.

SEC. 2. PROTECTION OF STATE AND LOCAL WITNESSES.

    (a) In General.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1522. State and local witness tampering and retaliation
    ``(a) Definitions.--In this section--
            ``(1) the term `State official proceeding' means a 
        proceeding before a judge or court of a State or political 
        subdivision thereof; and
            ``(2) the term `physical force' has the meaning given the 
        term in section 1515.
    ``(b) Tampering and Retaliation.--It shall be unlawful, in a 
circumstance described in subsection (c), for a person to kill, attempt 
to kill, use physical force or the threat of physical force against, 
harass, intimidate or attempt to intimidate, or offer anything of value 
to, another individual, with the intent to--
            ``(1) influence, delay, or prevent the testimony or 
        attendance of any person in a State official proceeding;
            ``(2) prevent the production of a record, document, or 
        other object, in a State official proceeding;
            ``(3) cause or induce any person to--
                    ``(A) withhold testimony, or withhold a record, 
                document, or other object from a State official 
                proceeding;
                    ``(B) alter, destroy, mutilate, or conceal an 
                object with intent to impair the integrity or 
                availability of the object for use in a State official 
                proceeding;
                    ``(C) evade legal process summoning that person to 
                appear as a witness, or to produce a record, document 
                or other object in a State official proceeding; or
                    ``(D) be absent from a State official proceeding to 
                which that person has been summoned by legal process;
            ``(4) hinder, delay, or prevent the communication by any 
        person to a law enforcement officer or judge of a State, or 
        political subdivision thereof, of information relating to the 
        violation or possible violation of a law of a State or 
        political subdivision thereof, or a violation of conditions of 
        probation, parole, or release pending judicial proceedings; or
            ``(5) retaliate against any person for--
                    ``(A) the attendance of a witness or party at a 
                State official proceeding, or any testimony given or 
                any record, document, or other object produced by a 
                witness in a State official proceeding; or
                    ``(B) providing to a law enforcement officer any 
                information relating to the violation or possible 
                violation of a law of a State or political subdivision 
                thereof, or a violation of conditions of probation, 
                supervised release, parole, or release pending judicial 
                proceedings.
    ``(c) Circumstances.--A circumstance described in this subsection 
is that--
            ``(1) any communication involved in or made in furtherance 
        of the offense is communicated or transported by the mail, or 
        in interstate or foreign commerce by any means, including by 
        computer, or any means or instrumentality of interstate or 
        foreign commerce is otherwise used in committing or in 
        furtherance of the commission of the offense;
            ``(2) any person travels or is transported in interstate or 
        foreign commerce in the course of the commission of or in 
        furtherance of the commission of the offense; or
            ``(3) any weapon, including a firearm, shipped or 
        transported across State lines or in interstate or foreign 
        commerce is used in committing or in furtherance of the 
        commission of the offense.
    ``(d) Penalties.--
            ``(1) In general.--Any person that violates this section--
                    ``(A) in the case of a killing, shall be punished 
                as provided under sections 1111 and 1112;
                    ``(B) in the case of an attempt to murder, or the 
                use or attempted use of physical force against any 
                person, shall be fined under this title, or imprisoned 
                for not more than 30 years, or both; and
                    ``(C) in the case of any other violation of this 
                section, shall be fined under this title, imprisoned 
                for not more than 20 years, or both.
            ``(2) Exception.--If the offense under this section occurs 
        in connection with a trial of a criminal case, the maximum term 
        of imprisonment that may be imposed for the offense shall be 
        the higher of--
                    ``(A) the penalty described in paragraph (1); or
                    ``(B) the maximum term that could have been imposed 
                for any offense charged in the criminal case.
            ``(3) Attempt and conspiracy.--Any person who attempts or 
        conspires to commit any offense under this section shall be 
        subject to the same penalties as those prescribed for the 
        offense, the commission of which was the object of the attempt 
        or conspiracy.
    ``(e) Affirmative Defense.--It is an affirmative defense to a 
prosecution under this section, which the defendant shall prove by a 
preponderance of the evidence, that the conduct committed by the 
defendant--
            ``(1) consisted solely of lawful conduct; and
            ``(2) that the sole intention of the defendant was to 
        encourage, induce, or cause the other person to testify 
        truthfully.
    ``(f) Pending Proceeding; Evidentiary Value.--For the purposes of 
this section--
            ``(1) a State official proceeding need not be pending or 
        about to be instituted at the time of the offense; and
            ``(2) the testimony, or the record, document, or other 
        object obstructed, tampered, or retaliated against by the 
        defendant need not be admissible in evidence or free of a claim 
        of privilege.
    ``(g) Intent.--In a prosecution for an offense under this section, 
the state of mind need not be proved with respect to--
            ``(1) a State official proceeding before a judge, court, 
        magistrate judge, or grand jury being before a judge or court 
        of a State or political subdivision thereof;
            ``(2) a judge being a judge of a State or political 
        subdivision thereof; or
            ``(3) a law enforcement officer being an officer or 
        employee of the State or political subdivision thereof.
    ``(h) Venue.--A prosecution brought under this section may be 
brought--
            ``(1) in the district in which the State official 
        proceeding (whether or not pending or about to be instituted) 
        was intended to be affected; or
            ``(2) in the district which the conduct constituting the 
        alleged offense occurred.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
chapter 73 of title 18, United States Code, is amended by adding at the 
end the following:

``1522. State and local witness tampering and retaliation.''.

SEC. 3. SENTENCING GUIDELINES ENHANCEMENT.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines to 
increase the guideline range for Obstruction of Justice, Sec. 2J1.2, as 
follows--
            (1) by 2 levels if the defendant threatened or harmed 1 or 
        more individuals on more than 1 occasion;
            (2) by 2 levels if the defendant accepted or paid a bribe 
        or payoff as part of a scheme to obstruct justice;
            (3) by 2 levels if the defendant destroyed or caused the 
        destruction of documents on a computer; and
            (4) by 6 levels if the offense resulted in substantial 
        interference with the administration of justice.

SEC. 4. WITNESS PROTECTION GRANT PROGRAM.

    (a) In General.--Subject to subsection (b), the Attorney General 
shall make competitive grants to eligible State, tribal, and local 
governments to establish or maintain programs that--
            (1) provide protection or assistance to witnesses in--
                    (A) court proceedings involving homicide, or 
                involving a serious violent felony or serious drug 
                offense as defined in section 3559(c)(2) of title 18, 
                United States Code; and
                    (B) court proceedings involving gangs or organized 
                crime; and
            (2) provide information and outreach to the public about 
        witness intimidation.
    (b) Criteria.--In making grants under subsection (a), the Attorney 
General shall evaluate applicants based upon--
            (1) the extent to which the applicant has a lack of 
        infrastructure to support a witness assistance program;
            (2) the extent to which witness intimidation is present 
        with respect to the applicant;
            (3) the level of cases not prosecuted by the applicant due 
        to witness intimidation;
            (4) the number of homicides per capita committed in the 
        jurisdiction of the applicant;
            (5) the number of serious violent felonies or serious drug 
        offenses, as defined in section 3559(c)(2) of title 18, United 
        States Code, per capita committed in the jurisdiction of the 
        applicant;
            (6) the extent to which organized crime is present in the 
        jurisdiction of the applicant; and
            (7) any other appropriate criteria as determined by the 
        Attorney General.
    (c) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        carried out using a grant made under this section shall be not 
        more than 75 percent.
            (2) In-kind contributions.--
                    (A) In general.--Subject to subparagraph (B), the 
                non-Federal share for a project carried out using a 
                grant made under this section may be made in the form 
                of in-kind contributions that are directly related to 
                the purpose for which the grant was made.
                    (B) Maximum percentage.--Not more than 50 percent 
                of the non-Federal share for a project carried out 
                using a grant made under this section may be in the 
                form of in-kind contributions.
    (d) Administrative Expenses.--Federal administrative costs to carry 
out this section for a fiscal year shall not exceed 5 percent of the 
funds appropriated pursuant to subsection (e) for such fiscal year.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
answer:

State Witness Protection Act of 2013 - Amends the federal criminal code to impose criminal penalties on any person who kills, or attempts to kill, a witness in a state or local judicial proceeding, who uses physical force or the threat of force against such a witness, or who offers such witness anything of value with the intent to: (1) influence, delay, or prevent the testimony or attendance of such witness at a state or local judicial proceeding; (2) prevent the production of a record or document in a state or local judicial proceeding; (3) cause or induce any person to withhold testimony or evidence, destroy evidence, evade legal process, or be absent from a state or local judicial proceeding; (4) hinder, delay, or prevent any person from providing information to a state or local law enforcement officer or judge; or (5) retaliate against any person for attending a state or local judicial proceeding or providing information to a law enforcement officer. Directs the U.S. Sentencing Commission to amend guidelines to increase the sentencing range for obstruction of justice if such crime involved threatening, harming, or bribing a witness or the destruction of evidence. Directs the Attorney General to make competitive grants to eligible state, tribal, and local governments to establish or maintain programs that provide: (1) protection or assistance to witnesses in court proceedings involving homicide, a serious violent felony or drug offense, gangs, or organized crime; and (2) information and outreach to the public about witness intimidation. Sets forth criteria by which the Attorney General shall evaluate applicants, including the extent to which: (1) an applicant has a lack of infrastructure to support a witness assistance program, and (2) witness intimidation is present with respect to the applicant.