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

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Next Generation Internet Research 
Act of 1998''.

SEC. 2. DEFINITIONS.

    (a) Terms Used in This Act.--For purposes of this Act--
            (1) Internet.--The term ``Internet'' has the meaning given 
        such term by section 230(e)(1) of the Communications Act of 
        1934 (47 U.S.C. 230(e)(1)).
            (2) Geographic penalty.--The term ``geographic penalty'' 
        means the imposition of costs on users of the Internet in rural 
        or other locations attributable to the distance of the user 
        from network facilities, the low population density of the area 
        in which the user is located, or other factors, that are 
        disproportionately greater than the costs imposed on users in 
        locations closer to such facilities or on users in locations 
        with significantly greater population density.
    (b) Definition of Network in High-Performance Computing Act of 
1991.--Paragraph (4) of section 4 of the High-Performance Computing Act 
of 1991 (15 U.S.C. 5503) is amended by striking ``network referred to 
as the National Research and Education Network established under 
section 102; and'' and inserting ``network, including advanced computer 
networks of Federal agencies and departments; and''.

SEC. 3. FINDINGS.

    (a) In General.--The Congress finds that--
            (1) United States leadership in science and technology has 
        been vital to the Nation's prosperity, national and economic 
        security, and international competitiveness, and there is every 
        reason to believe that maintaining this tradition will lead to 
        long-term continuation of United States strategic advantages in 
        information technology;
            (2) the United States' investment in science and technology 
        has yielded a scientific and engineering enterprise without 
        peer, and that Federal investment in research is critical to 
        the maintenance of United States leadership;
            (3) previous Federal investment in computer networking 
        technology and related fields has resulted in the creation of 
        new industries and new jobs in the United States;
            (4) the Internet is playing an increasingly important role 
        in keeping citizens informed of the actions of their 
        government; and
            (5) continued inter-agency cooperation is necessary to 
        avoid wasteful duplication in Federal networking research and 
        development programs.
    (b) Additional Findings for the 1991 Act.--Section 2 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5501) is amended by--
            (1) striking paragraph (4) and inserting the following:
            ``(4) A high-capacity, flexible, high-speed national 
        research and education computer network is needed to provide 
        researchers and educators with access to computational and 
        information resources, act as a test bed for further research 
        and development for high-capacity and high-speed computer 
        networks, and provide researchers the necessary vehicle for 
        continued network technology improvement through research.''; 
        and
            (2) adding at the end thereof the following:
            ``(7) Additional research must be undertaken to lay the 
        foundation for the development of new applications that can 
        result in economic growth, improved health care, and improved 
        educational opportunities.
            ``(8) Research in new networking technologies holds the 
        promise of easing the economic burdens of information access 
        disproportionately borne by rural users of the Internet.
            ``(9) Information security is an important part of 
        computing, information, and communications systems and 
        applications, and research into security architectures is a 
        critical aspect of computing, information, and communications 
        research programs.''.

SEC. 4. PURPOSES.

    (a) In General.--The purposes of this Act are--
            (1) to serve as the first authorization in a series of 
        computing, information, and communication technology 
        initiatives outlines in the High-Performance Computing Act of 
        1991 (15 U.S.C. 5501 et seq.) that will include research 
        programs related to--
                    (A) high-end computing and computation;
                    (B) human-centered systems;
                    (C) high confidence systems; and
                    (D) education, training, and human resources; and
            (2) to provide for the development and coordination of a 
        comprehensive and integrated United States research program 
        which will--
                    (A) focus on the research and development of a 
                coordinated set of technologies that seeks to create a 
                network infrastructure that can support greater speed, 
                robustness, and flexibility than is currently available 
                and promote connectivity and interoperability among 
                advanced computer networks of Federal agencies and 
                departments;
                    (B) focus on research in technology that may result 
                in high-speed data access for users that is both 
                economically viable and does not impose a geographic 
                penalty; and
                    (C) encourage researchers to pursue approaches to 
                networking technology that lead to maximally flexible 
                and extensible solutions wherever feasible.
    (b) Modification of Purposes of the 1991 Act.--Section 3 of the 
High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended by--
            (1) striking the section caption and inserting the 
        following:

``SEC. 3. PURPOSES.'';

            (2) striking ``purpose of this Act is'' and inserting 
        ``purposes of this Act are'';
            (3) striking ``universities; and'' in paragraph (1)(I) and 
        inserting ``universities;'';
            (4) striking ``efforts.'' in paragraph (2) and inserting 
        ``network research and development programs;''; and
            (5) adding at the end thereof the following:
            ``(3) promoting the further development of an information 
        infrastructure of information stores, services, access 
        mechanisms, and research facilities available for use through 
        the Internet;
            ``(4) promoting the more rapid development and wider 
        distribution of networking management and development tools; 
        and
            ``(5) promoting the rapid adoption of open network 
        standards.''.

SEC. 5. DUTIES OF ADVISORY COMMITTEE.

    Title I of the High-Performance Computing Act of 1991 (15 U.S.C 
5511 et seq.) is amended by adding at the end thereof the following:

``SEC. 103. ADVISORY COMMITTEE.

    ``(a) In General.--In addition to its functions under Executive 
Order 13035 (62 F.R. 7231), the Advisory Committee on High-Performance 
Computing and Communications, Information Technology, and the Next 
Generation Internet, established by Executive Order No. 13035 of 
February 11, 1997 (62 F.R. 7231) shall--
            ``(1) assess the extent to which the Next Generation 
        Internet program--
                    ``(A) carries out the purposes of this Act;
                    ``(B) addresses concerns relating to, among other 
                matters--
                            ``(i) geographic penalties (as defined in 
                        section 2(2) of the Next Generation Internet 
                        Research Act of 1998); and
                            ``(ii) technology transfer to and from the 
                        private sector; and
            ``(2) assess the extent to which--
                    ``(A) the role of each Federal agency and 
                department involved in implementing the Next Generation 
                Internet program is clear, complementary to and non-
                duplicative of the roles of other participating 
                agencies and departments; and
                    ``(B) each such agency and department concurs with 
                the rule of each other participating agency or 
                department.
    ``(b) Reports.--The Advisory Committee shall assess implementation 
of the Next Generation Internet initiative and report, not less 
frequently than annually, to the President, the United States Senate 
Committee on Commerce, Science, and Transportation, and the United 
States House of Representatives Committee on Science on its findings 
for the preceding fiscal year. The first such report shall be submitted 
6 months after the date of enactment of the Next Generation Internet 
Research Act of 1998 the last report shall be submitted by September 
30, 2000.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Title I of the High-Performance Computing Act of 1991 (15 U.S.C 
5511 et seq.), as amended by section 5 of this Act, is amended by 
adding at the end thereof the following:

``SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for the purpose of 
carrying out the Next Generation Internet program the following 
amounts:


------------------------------------------------------------------------
                  ``Agency                     FY 1999        FY 2000
------------------------------------------------------------------------
``Department of Defense....................  $40,000,000     $42,500,000
``Department of Energy.....................  $20,000,000     $25,000,000
``National Science Foundation..............  $25,000,000     $25,000,000
``National Institutes of Health............   $5,000,000      $7,500,000
``National Aeronautics and Space
 Administration............................  $10,000,000     $10,000,000
``National Institute of Standards and
 Technology................................   $5,000,000     $7,500,000.
------------------------------------------------------------------------

The amount authorized for the Department of Defense for fiscal year 
1999 under this section shall be the amount authorized pursuant to the 
National Defense Authorization Act for Fiscal Year 1999.''.

SEC. 7. STUDY OF EFFECTS ON TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS 
              OF ADDING GENERIC TOP-LEVEL DOMAINS.

    (a) Study by National Research Council.--Not later than 60 days 
after the date of enactment of this Act, the Secretary of Commerce 
shall request the National Research Council of the National Academy of 
Sciences to conduct a comprehensive study, taking into account the 
diverse needs of domestic and international Internet users, of the 
short-term and long-term effects on trademark and intellectual property 
rights holders of adding new generic top-level domains and related 
dispute resolution procedures.
    (b) Matters To Be Assessed In Study.--The study shall assess and, 
as appropriate, make recommendations for policy, practice, or 
legislative changes relating to--
            (1) the short-term and long-term effects on the protection 
        of trademark and intellectual property rights and consumer 
        interests of increasing or decreasing the number of generic 
        top-level domains;
            (2) trademark and intellectual property rights clearance 
        processes for domain names, including--
                    (A) whether domain name databases should be readily 
                searchable through a common interface to facilitate the 
                clearing of trademarks and intellectual property rights 
                and proposed domain names across a range of generic 
                top-level domains;
                    (B) the identification of what information from 
                domain name databases should be accessible for the 
                clearing of trademarks and intellectual property 
                rights; and
                    (C) whether generic top-level domain registrants 
                should be required to provide certain information;
            (3) domain name trademark and intellectual property rights 
        dispute resolution mechanisms, including how to--
                    (A) reduce trademark and intellectual property 
                rights conflicts associated with the addition of any 
                new generic top-level domains; and
                    (B) reduce trademark and intellectual property 
                rights conflicts through new technical approaches to 
                Internet addressing;
            (4) choice of law or jurisdiction for resolution of 
        trademark and intellectual property rights disputes relating to 
        domain names, including which jurisdictions should be available 
        for trademark and intellectual property rights owners to file 
        suit to protect such trademarks and intellectual property 
        rights;
            (5) trademark and intellectual property rights infringement 
        liability for registrars, registries, or technical management 
        bodies; and
            (6) short-term and long-term technical and policy options 
        for Internet addressing schemes and the impact of such options 
        on current trademark and intellectual property rights issues.
    (c) Cooperation With Study.--
            (1) Interagency cooperation.--The Secretary of Commerce 
        shall--
                    (A) direct the Patent and Trademark Office, the 
                National Telecommunications and Information 
                Administration, and other Department of Commerce 
                entities to cooperate fully with the National Research 
                Council in its activities in carrying out the study 
                under this section; and
                    (B) request all other appropriate Federal 
                departments, Federal agencies, Government contractors, 
                and similar entities to provide similar cooperation to 
                the National Research Council.
            (2) Private corporation cooperation.--The Secretary of 
        Commerce shall request that any private, not-for-profit 
        corporation established to manage the Internet root server 
        system and the top-level domain names provide similar 
        cooperation to the National Research Council.
    (d) Report.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the National Research Council shall 
        complete the study under this section and submit a report on 
        the study to the Secretary of Commerce. The report shall set 
        forth the findings, conclusions, and recommendations of the 
        Council concerning the effects of adding new generic top-level 
        domains and related dispute resolution procedures on trademark 
        and intellectual property rights holders.
            (2) Submission to congressional committees.--Not later than 
        30 days after the date on which the report is submitted to the 
        Secretary of Commerce, the Secretary shall submit the report to 
        the Committees on Commerce and the Committees on the Judiciary 
        of the Senate and House of Representatives.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $800,000 for the study conducted under this Act.

            Passed the Senate June 26, 1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

Output: Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to:  (1) serve as the first authorization in a series of computing, information, and communication technology initiatives outlined in the High-Performance Computing Act of 1991 (HPCA); and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program on computer network infrastructure, high-speed data access, and networking technology. Directs the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet (created under the HPCA) to assess the extent to which:  (1) the Next Generation Internet program (program) carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or small population areas that are greater than those imposed on users in large population areas or areas closer to network facilities) and technology transfer to and from the private sector; and (2) the role of each Federal department and agency involved in implementing the program is clear, complementary, and non-duplicative, as well as the extent to which each such department and agency concurs with the role of each other participating department or agency. 
Requires the Advisory Committee to assess program implementation and report at least annually to the President and specified congressional committees. 
Authorizes appropriations for FY 1999 and 2000 for the program. Requires the amount authorized for the Department of Defense for FY 1999 to be the amount authorized pursuant to the National Defense Authorization Act for FY 1999. 
Directs the Secretary of Commerce to request the National Research Council of the National Academy of Sciences to conduct a comprehensive study, taking into account the diverse needs of domestic and international Internet users, of the short-term and long-term effects on trademark and intellectual property rights holders of adding new generic top-level domains and related dispute resolution procedures. Sets forth reporting requirements for the Council and the Secretary. Authorizes appropriations.


Input: Consider Input: SECTION 1. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL ASSISTANCE 
              PERCENTAGE DURING PERIODS OF NATIONAL ECONOMIC DOWNTURN.

    (a) National Economic Downturn Assistance FMAP.--
            (1) In general.--Section 1905 of the Social Security Act 
        (42 U.S.C. 1396d) is amended--
                    (A) in subsection (b), in the first sentence--
                            (i) by striking ``and (4)'' and inserting 
                        ``(4)''; and
                            (ii) by inserting ``and (5) with respect to 
                        each fiscal year quarter other than the first 
                        quarter of a national economic downturn 
                        assistance period described in subsection 
                        (y)(1), the Federal medical assistance 
                        percentage for any State described in 
                        subsection (y)(2) shall be equal to the 
                        national economic downturn assistance FMAP 
                        determined for the State for the quarter under 
                        subsection (y)(3)'' before the period; and
                    (B) by adding at the end the following:
    ``(y) National Economic Downturn Assistance FMAP.--For purposes of 
clause (5) of the first sentence of subsection (b):
            ``(1) National economic downturn assistance period.--A 
        national economic downturn assistance period described in this 
        paragraph--
                    ``(A) begins with the first fiscal year quarter for 
                which the Secretary determines that for at least 23 
                States, the rolling average unemployment rate for that 
                quarter has increased by at least 10 percent over the 
                corresponding quarter for the most recent preceding 12-
                month period for which data are available (in this 
                subsection referred to as the `trigger quarter'); and
                    ``(B) ends with the first succeeding fiscal year 
                quarter for which the Secretary determines that less 
                than 23 States have a rolling average unemployment rate 
                for that quarter with an increase of at least 10 
                percent over the corresponding quarter for the most 
                recent preceding 12-month period for which data are 
                available.
            ``(2) Eligible state.--A State described in this paragraph 
        is a State for which the Secretary determines that the rolling 
        average unemployment rate for the State for any quarter 
        occurring during a national economic downturn assistance period 
        described in paragraph (1) has increased over the corresponding 
        quarter for the most recent preceding 12-month period for which 
        data are available.
            ``(3) Determination of national economic downturn 
        assistance fmap.--
                    ``(A) In general.--The national economic downturn 
                assistance FMAP for a fiscal year quarter determined 
                with respect to a State under this paragraph is equal 
                to the Federal medical assistance percentage for the 
                State for that quarter increased by the number of 
                percentage points determined by--
                            ``(i) dividing--
                                    ``(I) the Medicaid additional 
                                unemployed increased cost amount 
                                determined under subparagraph (B) for 
                                the quarter; by
                                    ``(II) the State's total Medicaid 
                                quarterly spending amount determined 
                                under subparagraph (C) for the quarter; 
                                and
                            ``(ii) multiplying the quotient determined 
                        under clause (i) by 100.
                    ``(B) Medicaid additional unemployed increased cost 
                amount.--For purposes of subparagraph (A)(i)(I), the 
                Medicaid additional unemployed increased cost amount 
                determined under this subparagraph with respect to a 
                State and a quarter is the product of the following:
                            ``(i) State increase in rolling average 
                        number of unemployed individuals from the base 
                        quarter of unemployment.--
                                    ``(I) In general.--The amount 
                                determined by subtracting the rolling 
                                average number of unemployed 
                                individuals in the State for the base 
                                unemployment quarter for the State 
                                determined under subclause (II) from 
                                the rolling average number of 
                                unemployed individuals in the State for 
                                the quarter.
                                    ``(II) Base unemployment quarter 
                                defined.--
                                            ``(aa) In general.--For 
                                        purposes of subclause (I), 
                                        except as provided in item 
                                        (bb), the base quarter for a 
                                        State is the quarter with the 
                                        lowest rolling average number 
                                        of unemployed individuals in 
                                        the State in the 12-month 
                                        period preceding the trigger 
                                        quarter for a national economic 
                                        downturn assistance period 
                                        described in paragraph (1).
                                            ``(bb) Exception.--If the 
                                        rolling average number of 
                                        unemployed individuals in a 
                                        State for a quarter occurring 
                                        during a national economic 
                                        downturn assistance period 
                                        described in paragraph (1) is 
                                        less than the rolling average 
                                        number of unemployed 
                                        individuals in the State for 
                                        the base quarter determined 
                                        under item (aa), that quarter 
                                        shall be treated as the base 
                                        quarter for the State for such 
                                        national economic downturn 
                                        assistance period.
                            ``(ii) National average amount of 
                        additional federal medicaid spending per 
                        additional unemployed individual.--In the case 
                        of--
                                    ``(I) a calendar quarter occurring 
                                in fiscal year 2012, $350; and
                                    ``(II) a calendar quarter occurring 
                                in any succeeding fiscal year, the 
                                amount applicable under this clause for 
                                calendar quarters occurring during the 
                                preceding fiscal year, increased by the 
                                annual percentage increase in the 
                                medical care component of the consumer 
                                price index for all urban consumers 
                                (U.S. city average), as rounded up in 
                                an appropriate manner.
                            ``(iii) State nondisabled, nonelderly 
                        adults and children medicaid spending index.--
                                    ``(I) In general.--With respect to 
                                a State, the quotient (not to exceed 
                                1.00) of--
                                            ``(aa) the State 
                                        expenditure per person in 
                                        poverty amount determined under 
                                        subclause (II); divided by--
                                            ``(bb) the National 
                                        expenditure per person in 
                                        poverty amount determined under 
                                        subclause (III).
                                    ``(II) State expenditure per person 
                                in poverty amount.--For purposes of 
                                subclause (I)(aa), the State 
                                expenditure per person in poverty 
                                amount is the quotient of--
                                            ``(aa) the total amount of 
                                        annual expenditures by the 
                                        State for providing medical 
                                        assistance under the State plan 
                                        to nondisabled, nonelderly 
                                        adults and children; divided by
                                            ``(bb) the total number of 
                                        nonelderly adults and children 
                                        in poverty who reside in the 
                                        State, as determined under 
                                        paragraph (4)(A).
                                    ``(III) National expenditure per 
                                person in poverty amount.--For purposes 
                                of subclause (I)(bb), the National 
                                expenditure per person in poverty 
                                amount is the quotient of--
                                            ``(aa) the sum of the total 
                                        amounts determined under 
                                        subclause (II)(aa) for all 
                                        States; divided by
                                            ``(bb) the sum of the total 
                                        amounts determined under 
                                        subclause (II)(bb) for all 
                                        States.
                    ``(C) State's total medicaid quarterly spending 
                amount.--For purposes of subparagraph (A)(i)(II), the 
                State's total Medicaid quarterly spending amount 
                determined under this subparagraph with respect to a 
                State and a quarter is the amount equal to--
                            ``(i) the total amount of expenditures by 
                        the State for providing medical assistance 
                        under the State plan to all individuals 
                        enrolled in the plan for the most recent fiscal 
                        year for which data is available; divided by
                            ``(ii) 4.
            ``(4) Data.--In making the determinations required under 
        this subsection, the Secretary shall use, in addition to the 
        most recent available data from the Bureau of Labor Statistics 
        Local Area Unemployment Statistics for each State referred to 
        in paragraph (5), the most recently available--
                    ``(A) data from the Bureau of the Census with 
                respect to the number of nonelderly adults and children 
                who reside in a State described in paragraph (2) with 
                family income below the poverty line (as defined in 
                section 2110(c)(5)) applicable to a family of the size 
                involved (or, if the Secretary determines it 
                appropriate, a multiyear average of such data);
                    ``(B) data reported to the Secretary by a State 
                described in paragraph (2) with respect to expenditures 
                for medical assistance under the State plan under this 
                title for nondisabled, nonelderly adults and children; 
                and
                    ``(C) econometric studies of the responsiveness of 
                Medicaid enrollments and spending to changes in rolling 
                average unemployment rates and other factors, including 
                State spending on certain Medicaid populations.
            ``(5) Definition of `rolling average number of unemployed 
        individuals', `rolling average unemployment rate'.--In this 
        subsection, the term--
                    ``(A) `rolling average number of unemployed 
                individuals' means, with respect to a calendar quarter 
                and a State, the average of the 12 most recent months 
                of seasonally adjusted unemployment data for each 
                State;
                    ``(B) `rolling average unemployment rate' means, 
                with respect to a calendar quarter and a State, the 
                average of the 12 most recent monthly unemployment 
                rates for the State; and
                    ``(C) `monthly unemployment rate' means, with 
                respect to a State, the quotient of--
                            ``(i) the monthly seasonally adjusted 
                        number of unemployed individuals for the State; 
                        divided by
                            ``(ii) the monthly seasonally adjusted 
                        number of the labor force for the State,
        using the most recent data available from the Bureau of Labor 
        Statistics Local Area Unemployment Statistics for each State.
            ``(6) Increase in cap on payments to territories.--With 
        respect to any fiscal year quarter for which the national 
        economic downturn assistance Federal medical assistance 
        percentage applies to Puerto Rico, the Virgin Islands, Guam, 
        the Northern Mariana Islands, or American Samoa, the amounts 
        otherwise determined for such commonwealth or territory under 
        subsections (f) and (g) of section 1108 shall be increased by 
        such percentage of such amounts as the Secretary determines is 
        equal to twice the average increase in the national economic 
        downturn assistance FMAP determined for all States described in 
        paragraph (2) for the quarter.
            ``(7) Scope of application.--The national economic downturn 
        assistance FMAP shall only apply for purposes of payments under 
        section 1903 for a quarter and shall not apply with respect 
        to--
                    ``(A) disproportionate share hospital payments 
                described in section 1923;
                    ``(B) payments under title IV or XXI; or
                    ``(C) any payments under this title that are based 
                on the enhanced FMAP described in section 2105(b).
            ``(8) Additional requirement for certain states.--In the 
        case of a State described in paragraph (2) that requires 
        political subdivisions within the State to contribute toward 
        the non-Federal share of expenditures required under section 
        1902(a)(2), the State shall not require that such political 
        subdivisions pay for any fiscal year quarters occurring during 
        a national economic downturn assistance period a greater 
        percentage of the non-Federal share of such expenditures, or a 
        greater percentage of the non-Federal share of payments under 
        section 1923, than the respective percentage that would have 
        been required by the State under State law in effect on the 
        first day of the fiscal year quarter occurring immediately 
        prior to the trigger quarter for the period.''.
            (2) Effective date; no retroactive application.--The 
        amendments made by paragraph (1) take effect on January 1, 
        2012. In no event may a State receive a payment on the basis of 
        the national economic downturn assistance Federal medical 
        assistance percentage determined for the State under section 
        1905(y)(3) of the Social Security Act for amounts expended by 
        the State prior to January 1, 2012.
    (b) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        shall analyze the previous periods of national economic 
        downturn, including the most recent such period in effect as of 
        the date of enactment of this Act, and the past and projected 
        effects of temporary increases in the Federal medical 
        assistance percentage under the Medicaid program with respect 
        to such periods.
            (2) Report.--Not later than April 1, 2011, the Comptroller 
        General of the United States shall submit a report to Congress 
        on the results of the analysis conducted under paragraph (1). 
        Such report shall include such recommendations as the 
        Comptroller General determines appropriate for modifying the 
        national economic downturn assistance FMAP established under 
        section 1905(y) of the Social Security Act (as added by 
        subsection (a)) to improve the effectiveness of the application 
        of such percentage in addressing the needs of States during 
        periods of national economic downturn, including 
        recommendations for--
                    (A) improvements to the factors that begin and end 
                the application of such percentage;
                    (B) how the determination of such percentage could 
                be adjusted to address State and regional economic 
                variations during such periods; and
                    (C) how the determination of such percentage could 
                be adjusted to be more responsive to actual Medicaid 
                costs incurred by States during such periods, as well 
                as to the effects of any other specific economic 
                indicators that the Comptroller General determines 
                appropriate.

Output: Amends title XIX (Medicaid) of the Social Security Act to authorize an automatic increase in the federal medical assistance percentage (FMAP) for any eligible state during periods of national economic downturn.

Directs the Comptroller General to analyze and report to Congress on previous periods of national economic downturn, including the most recent one, and the past and projected effects of temporary increases in the Medicaid FMAP with respect to them.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Detectives Nemorin and Andrews Anti-
Gun Trafficking Act of 2008''.

SEC. 2. ILLEGAL GUN TRAFFICKING.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(q) Whoever, in or affecting interstate or foreign commerce in 
violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3), 
(b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or 
subsection (c) or (h) of this section--
            ``(1) offers for sale, transfer, or barter 2 or more 
        firearms, at least 2 of which are handguns, semiautomatic 
        assault weapons, short-barreled shotguns, short-barreled 
        rifles, or machineguns; and
            ``(2) at least 1 of the firearms--
                    ``(A) is transported, received, or possessed by the 
                person, and--
                            ``(i) is stolen; or
                            ``(ii) has had the importer's or 
                        manufacturer's serial number removed, 
                        obliterated, or altered; or
                    ``(B) is offered by the person for sale, transfer, 
                or barter to another person who--
                            ``(i) is prohibited from possessing a 
                        firearm under subsection (g) or (n) of section 
                        922;
                            ``(ii) is prohibited by State law from 
                        possessing a firearm;
                            ``(iii) has not attained 18 years of age, 
                        except as otherwise allowed under Federal or 
                        State law;
                            ``(iv) is in a school zone; or
                            ``(v) has travelled from any State into any 
                        other State, and acquires or attempts to 
                        acquire the firearm otherwise in violation of 
                        Federal or State law,
shall be fined under this title, imprisoned not more than 20 years, or 
both.''.

SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS.

    Section 104 of the 21st Century Department of Justice 
Appropriations Authorization Act (Public Law 107-273) is amended--
            (1) in subsection (a), by inserting ``, illegal gun 
        trafficking,'' after ``violence'' ; and
            (2) in subsection (b), by striking ``2002'' and inserting 
        ``2008''.

SEC. 4. REPORT TO THE CONGRESS.

    Beginning in calendar year 2008, the Attorney General shall submit 
biennially to the Congress a written report, covering the preceding 2 
years, which specifies--
            (1) the State of origin for each firearm, used in a crime, 
        that was traced by the Bureau of Alcohol, Tobacco, Firearms, 
        and Explosives, and the State in which the firearm was 
        recovered;
            (2) the total number of firearms so traced, by 
        manufacturer, model, and type of firearm;
            (3) the name of Federal firearms licensees who have had 
        more than 5 firearms, used in a crime, traced back to them in a 
        single year; and
            (4) the number of prosecutions for each individual offense 
        under sections 922, 923, and 924 of title 18, United States 
        Code.

SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING 
              THE COMMISSION OF A FELONY.

    Section 924 of title 18, United States Code, as amended by section 
2 of this Act, is amended by adding at the end the following:
    ``(r) Whoever, during and in relation to the commission of a crime 
punishable by imprisonment for a term exceeding 1 year, receives, 
possesses, conceals, barters, sells, or disposes of any stolen firearm 
or stolen ammunition, in or affecting interstate or foreign commerce, 
whether or not the person is aware that the firearm or ammunition is 
stolen, shall, in addition to the punishment provided for the crime so 
punishable, be sentenced to a term of imprisonment of not more than 5 
years.''.

SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE.

    (a) Availability.--The Federal Bureau of Investigation shall make 
available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
the National Crime Information Center Gun File for the purpose of 
enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to 
access the file while completing a crime gun trace.
    (b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives 
shall conduct a search of the National Crime Information Center Stolen 
Gun File with respect to each firearm submitted to the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives for tracing.
    (c) Notification Regarding Stolen Firearms.--If a law enforcement 
agency requests the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives to trace a firearm, and the National Crime Information 
Center Stolen Gun File indicates that the firearm is stolen, then the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the 
law enforcement agency of that information and provide the law 
enforcement agency with any available information regarding the owner 
of the firearm.
    (d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which 
the National Crime Information Center Stolen Gun File indicates is 
stolen, the Bureau shall return the firearm to the person who reported 
the firearm stolen, when the Bureau determines that--
            (1) the firearm is no longer needed for Federal, State, or 
        local criminal investigation or evidentiary purposes; and
            (2) the person is entitled to possess the firearm.
    (e) National Instant Stolen Gun Check System.--
            (1) Establishment.--Within 2 years after the date of the 
        enactment of this Act, the Attorney General shall establish a 
        national instant stolen gun check system that any licensee may 
        contact, by telephone or other electronic means, for 
        information to be supplied immediately on whether a firearm to 
        be received by the licensee is stolen.
            (2) Instant check of status of firearms to be transferred 
        to certain federal firearms licensees by non-licensees.--If the 
        national instant stolen gun check system is contacted by a 
        licensee for information on whether a firearm to be received by 
        the licensee is stolen, the system shall, as soon as is 
        practicable--
                    (A) conduct a search of the National Crime 
                Information Center Stolen Gun File for information 
                about the firearm; and
                    (B) inform the licensee whether the information 
                available to the system indicates that the firearm is 
                stolen.
            (3) Notification of licensees.--On establishment of the 
        national instant stolen gun check system under this subsection, 
        the Attorney General shall notify each licensee and the chief 
        law enforement officer of each State of the existence and 
        purpose of the system and the means to be used to contact the 
        system.
            (4) Permanent retention of records.--The national instant 
        stolen gun check system shall create and maintain permanently a 
        record of each contact of the system, and all information 
        provided to or by the system during the contact.
            (5) Definitions.--In this section:
                    (A) Licensee.--The term ``licensee'' means a 
                licensed dealer (as defined in section 921(a)(11) of 
                title 18, United States Code), licensed importer (as 
                defined in section 921(a)(9) of such title), or 
                licensed manufacturer (as defined in section 921(a)(10) 
                of such title).
                    (B) Firearm.--The term ``firearm'' has the meaning 
                given in section 921(a)(3) of title 18, United States 
                Code.
    (f) Federal Firearms Licensee Required To Contact National Instant 
Stolen Gun Check System Before Receiving Firearm From Non-Licensee.--
            (1) In general.--Section 922(s) of title 18, United States 
        Code, is amended to read as follows:
    ``(s)(1) Beginning on the date that is 30 days after the Attorney 
General notifies licensees under section 6(e)(3) of the Detectives 
Nemorin and Andrews Anti-Gun Trafficking Act of 2008 that the national 
instant stolen gun check system is established, a licensed importer, 
licensed manufacturer, or licensed dealer shall not receive a firearm 
from any person who is not licensed under this chapter, unless--
            ``(A) the licensee has verified the identity of the person 
        by examining a valid identification document (as defined in 
        section 1028(d) of this title) of the person that satisfies the 
        requirements of section 202 of the REAL ID Act of 2005;
            ``(B) the licensee has contacted the national instant 
        stolen gun check system established under subsection (e) of 
        such section 6, and provided the system with--
                    ``(i) the name and address of the person;
                    ``(ii) a description of the identification document 
                referred to in subparagraph (A) of this paragraph, 
                including the number appearing on the document; and
                    ``(iii) the name of the manufacturer, and the 
                caliber and serial number, of the firearm; and
            ``(C)(i) the system has provided the licensee with a unique 
        identification number; or
            ``(ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee contacted the 
        system, and the system has not notified the licensee that the 
        firearm is stolen.
    ``(2) If the system determines that the information available to 
the system does not indicate that the firearm is stolen, the system 
shall--
            ``(A) assign a unique identification number to the 
        transaction; and
            ``(B) provide the licensee with the number.
    ``(3) If the system notifies the licensee that the information 
available to the system indicates that the firearm is stolen, the 
licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives or another law enforcement agency having jurisdiction over 
possession of stolen firearms in the dealer's location and shall comply 
with the instructions of any such agency concerning the disposition of 
the firearm, the gathering of information relating to the offeror of 
the firearm, and other assistance in the removal of the firearm from 
the stream of commerce.
    ``(4) If the licensee knowingly receives the firearm from the 
person and knowingly fails to comply with paragraph (1) with respect to 
the receipt and, at the time of the receipt, the system was operating 
and information was available to the system indicating that the firearm 
was stolen, the Attorney General may, after notice and opportunity for 
a hearing, suspend for not more than 6 months or revoke any license 
issued to the licensee under section 923, and may impose on the 
licensee a civil fine of not more than $5,000.
    ``(5)(A) This subsection shall not be interpreted to limit any 
exercise of authority under subsection (d)(1)(C) or (e) of section 923.
    ``(B) In the event of a conflict between the provisions of this 
subsection and a rule or regulation issued under section 923(j), the 
provisions of this subsection shall control.''.
            (2) Recordkeeping requirement.--Section 923(g)(1)(A) of 
        such title is amended by inserting after the 1st sentence the 
        following: ``In the case of the receipt of a firearm pursuant 
        to section 922(s), in addition to the requirements of such 
        regulations, the importer, manufacturer, or dealer shall retain 
        a record of the information described in section 922(s)(1)(B), 
        a copy of the identification document referred to in section 
        922(s)(1)(A), and a record of the unique identification number 
        provided to the licensee pursuant to section 922(s)(1)(C), with 
        respect to the transaction.''.

SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN 
              OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A 
              FELONY.

    Section 924 of title 18, United States Code, as amended by sections 
2 and 5 of this Act, is amended by adding at the end the following:
    ``(s) Whoever, during and in relation to the commission of a crime 
punishable by imprisonment for a term exceeding 1 year, transports, 
possesses, or receives, in or affecting interstate or foreign commerce, 
a firearm which has had the importer's or manufacturer's serial number 
removed, obliterated, or altered, regardless of whether or not the 
person is aware of the removal, obliteration, or alteration, shall, in 
addition to the punishment provided for the crime so punishable, be 
sentenced to a term of imprisonment of not more than 5 years.''.

SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM 
              WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION 
              OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    Section 924(c)(1)(A) of title 18, United States Code, is amended--
            (1) in clause (i), by inserting ``, or if the firearm was 
        stolen or had the manufacturer's serial number removed, 
        obliterated, or altered, not less than 7 years'' after 
        ``years'';
            (2) in clause (ii), by inserting ``, or if the firearm was 
        stolen or had the manufacturer's serial number removed, 
        obliterated, or altered, not less than 9 years'' after 
        ``years''; and
            (3) in clause (iii), by inserting ``, or if the firearm was 
        stolen or had the manufacturer's serial number removed, 
        obliterated, or altered, not less than 12 years'' after 
        ``years''.


Output: Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2008 - Amends the federal criminal code to: (1) impose a fine and/or prison term of up to 20 years for the sale, transfer, or barter of a stolen firearm or a firearm with an altered serial number or for the sale of such firearms to persons prohibited from possessing them; (2) impose an additional five-year prison term for possession of a stolen or altered firearm during the commission of a felony; (3) require licensed firearms importers, manufacturers, or dealers to contact the national instant stolen gun check system before receiving firearms from any unlicensed person; and (4) increase criminal penalties for the use of a stolen or altered firearm during the commission of a crime of violence or drug trafficking crime.

Amends the 21st Century Department of Justice Appropriations Authorization Act to: (1) include illegal gun trafficking in Department of Justice (DOJ) programs to combat violations of federal firearms laws; and (2) authorize appropriations for FY2008 to hire additional assistant U.S. attorneys.

Directs the Federal Bureau of Investigation (FBI) to make the National Crime Information Center Gun File available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to complete crime gun traces. Requires the ATF to: (1) notify law enforcement agencies of information relating to stolen firearms; and (2) return stolen firearms to persons who reported them as stolen.

Requires the Attorney General to establish a national instant stolen gun check system.