SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent and Trademark Office Authorization Act of 2002''. SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK OFFICE. (a) In General.--There are authorized to be appropriated to the United States Patent and Trademark Office for salaries and necessary expenses for each of the fiscal years 2003 through 2008 an amount equal to the fees estimated by the Secretary of Commerce to be collected in each such fiscal year, respectively, under-- (1) title 35, United States Code; and (2) the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the Trademark Act of 1946). (b) Estimates.--Not later than February 15, of each fiscal year, the Undersecretary of Commerce for Intellectual Property and the Director of the Patent and Trademark Office (in this Act referred to as the Director) shall submit an estimate of all fees referred to under subsection (a) to be collected in the next fiscal year to the chairman and ranking member of-- (1) the Committees on Appropriations and Judiciary of the Senate; and (2) the Committees on Appropriations and Judiciary of the House of Representatives. SEC. 3. ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK APPLICATIONS. (a) Electronic Filing and Processing.--Not later than December 1, 2004, the Director shall complete the development of an electronic system for the filing and processing of patent and trademark applications, that-- (1) is user friendly; and (2) includes the necessary infrastructure to-- (A) allow examiners and applicants to send all communications electronically; and (B) allow the Office to process, maintain, and search electronically the contents and history of each application. (b) Authorization of Appropriations.--Of amounts authorized under section 2, there are authorized to be appropriated to carry out subsection (a) of this section not more than $50,000,000 for each of fiscal years 2003 and 2004. Amounts made available under this subsection shall remain available until expended. SEC. 4. ANNUAL REPORTS ON STRATEGIC PLAN. In each of the 5 calendar years following the date of enactment of this Act, the Secretary of Commerce shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives on-- (1) the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002; and (2) any amendments made to the plan. SEC. 5. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN REEXAMINATION PROCEEDINGS. (a) In General.--Sections 303(a) and 312(a) of title 35, United States Code, are each amended by adding at the end the following: ``The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any determination of the Director of the United States Patent and Trademark Office that is made under section 303(a) or 312(a) of title 35, United States Code, on or after the date of the enactment of this Act. SEC. 6. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS. (a) Appeals by Third-Party Requester in Proceedings.--Section 315(b) of title 35, United States Code, is amended to read as follows: ``(b) Third-Party Requester.--A third-party requester-- ``(1) may appeal under the provisions of section 134, and may appeal under the provisions of sections 141 through 144, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; and ``(2) may, subject to subsection (c), be a party to any appeal taken by the patent owner under the provisions of section 134 or sections 141 through 144.''. (b) Appeal to Board of Patent Appeals and Interferences.--Section 134(c) of title 35, United States Code, is amended by striking the last sentence. (c) Appeal to Court of Appeals for the Federal Circuit.--Section 141 of title 35, United States Code, is amended in the third sentence by inserting ``, or a third-party requester in an inter partes reexamination proceeding, who is'' after ``patent owner''. (d) Effective Date.--The amendments made by this section apply with respect to any reexamination proceeding commenced on or after the date of the enactment of this Act. Passed the Senate June 26, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 1754 _______________________________________________________________________ AN ACT To authorize appropriations for the United States Patent and Trademark Office for fiscal years 2003 through 2008, and for other purposes.

Summary: Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the U.S. Patent and Trademark Office for salaries and expenses for FY 2003 through 2008 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce (Secretary) to be collected in each such fiscal year.(Sec. 2) Requires the Under Secretary of Commerce for Intellectual Property and the Director of the Office (Director), by February 15 of each fiscal year, to report an estimate of all fees to be collected in the next fiscal year to the chairman and ranking member of specified congressional committees.(Sec. 3) Requires the Director, by December 1, 2004, to complete the development of an electronic system for the filing and processing of patent and trademark applications that: (1) is user friendly; and (2) includes the necessary infrastructure to allow examiners and applicants to send all communications electronically, and the Office to process, maintain, and search electronically the contents and history of each application. Authorizes appropriations for FY 2003 and 2004 for development of such system.(Sec. 4) Requires the Secretary, in each of the five calendar years following the enactment of this Act, to report to specified congressional committees on the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002, and on any amendments made to it.(Sec. 5) Amends Federal patent law to provide that previous citation by or to, or consideration by the Office of, a patent or printed publication does not preclude the existence of a substantial new question of patentability in patent reexamination proceedings.(Sec. 6) Revises requirements for appeals in inter partes reexamination proceedings to allow a third-party requester to appeal to the U.S. Court of Appeals for the Federal Circuit, or be a party to any appeal taken by the patent owner, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent.Allows a third-party requester to appeal a decision of the Board of Patent Appeals and Interferences.Provides that a third-party requester in an inter partes reexamination proceeding dissatisfied with the final decision in an appeal to the Board may appeal the decision only to the U.S. Court of Appeals for the Federal Circuit.


SECTION 1. CERTAIN THREE-RING BINDERS WHOLLY OR PREDOMINANTLY COVERED WITH POLYESTER FABRICS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.73.01 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm..... 9902.73.02 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51 mm diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm..... 9902.73.03 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a zipper closure.......... 9902.73.04 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51mm diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a zipper closure.......... 9902.73.05 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a hook and loop closure..... 9902.73.06 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a hook and loop closure..... 9902.73.07 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with an elastic band closure..... 9902.73.08 Three-ring binders Free No change No change On or before ''. with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with an elastic band closure..... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Summary: Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics.


SECTION 1. SHORT TITLE. This Act may be cited as the ``African Development Foundation Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The African Development Foundation is uniquely promoting sustainable community-based solutions to economic and social development and is effectively supporting the development of African-owned small enterprises as engines of growth and sources of income and employment for the poor. (2) The African Development Foundation's programs advance United States interests in Africa and are in high demand across the continent, as evidenced by $20 million in host country contributions. (3) The Office of Management and Budget has determined the African Development Foundation to be a fully effective agency after assessing its program performance. (4) The African Development Foundation is the only United States Government agency working directly at the grassroots level, supporting African-designed and African-driven solutions to economic and social problems. The African Development Foundation enables individuals and groups to get out of poverty by putting their own ideas to work, instead of someone else's. (5) In 2005, African Development Foundation investments across Africa created more than 110,000 jobs for poor Africans and generated $70 million in gross revenues for enterprises. Almost 65 percent of micro and small entrepreneurs assisted by the African Development Foundation were women. (6) African Development Foundation-assisted groups had $35 million in export sales in 2005. For example, in Tanzania, the African Development Foundation is helping several thousand small sugar cane producers improve their income. Mtibwa Sugar has increased its gross export revenues by 423 percent over the past three years, from US$1.188 million during fiscal year 2002 to US$5.034 million in fiscal year 2005. In the Ruembe Outgrowers Association, sugar cane yields per hectare are up 30 percent and cumulative export sales stand at US$4.7 million. The number of participating cane farmers has increased by 50 percent since project inception and the income of the 1440 growers has almost doubled as a consequence of investment by the African Development Foundation. (7) The African Development Foundation is supporting African solutions to prevent HIV/AIDS and to reduce its impact on families and communities. For example, in Swaziland, where almost 40 percent of adults are infected with the AIDS virus, the African Development Foundation is improving nutrition and providing income-generating opportunities for widows and orphans by helping them produce and market vegetables, in Ghana, the African Development Foundation funded the training of almost 1500 youth who conducted peer counseling on HIV/AIDS to more than 200,000 young people, in Plateau State, Nigeria, the African Development Foundation funded a pilot program to adapt and extend a faith-based life skills training program in the public secondary schools in which approximately 500 teachers were trained in the new curriculum and more than 25,000 students received year-long training, and in Tanzania, the African Development Foundation has experimented with supporting schemes that extend micro-credit to people living with HIV/AIDS, enabling them to start informal businesses and undertake income-generating activities. (8) The work of the African Development Foundation is a powerful example of the goodwill of the American people, and it is one of the most effective foreign assistance programs of the United States. SEC. 3. AMENDMENTS TO AFRICAN DEVELOPMENT FOUNDATION ACT. (a) Redesignation.-- (1) In general.--Section 503(a) of the African Development Foundation Act (Public Law 96-533; 22 U.S.C. 290h-1(a)) is amended by striking ```African Development Foundation''' and inserting ```United States African Development Foundation'''. (2) Reference.--Any reference to the African Development Foundation in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of the enactment of this Act shall be deemed to be a reference to the United States African Development Foundation. (b) Funding for Grants and Loans.-- (1) Limitation.--Subsection (a) of section 505 of such Act (22 U.S.C. 290h-3) is amended-- (A) in paragraph (1), by inserting ``(including small enterprises, producer associations, and cooperatives)'' after ``entity''; and (B) in paragraph (2)-- (i) by striking ``The total'' and inserting ``Except as provided in this paragraph, the total''; (ii) by striking ``$250,000'' and inserting ``$400,000''; and (iii) by adding at the end the following new sentence: ``The funding limitation specified in this paragraph may be exceeded only in exceptional circumstances upon approval of the Board of the Directors and notification to Congress.''. (2) Use of funds.--Subsection (b) of such section is amended, in the second sentence, by inserting before the period at the end the following: ``, including supporting projects which benefit the poor''. (3) Recipients.--Such section is amended by adding at the end the following new subsection: ``(c) To be eligible to receive grant, loan, or loan guarantee under this section, a small enterprise referred to in subsection (a) shall satisfy the following requirements: ``(1) Ownership is predominantly vested in one or more individuals who are indigenous to Africa and who are representative and knowledgeable of, and with a track record of responding to, the needs and aspirations of the poor. ``(2) Management and daily business operations of the entity are controlled by one or more individuals who are indigenous to Africa.''. (c) Powers of the Foundation.--Section 506(a)(5) of such Act (22 U.S.C. 290h-4(a)) is amended by inserting ``including providing technical assistance to eligible recipients described in section 505(a)(1),'' after ``situated,''. (d) Basic Pay and Hiring Authorities.--Subsection (d) of section 507 of such Act (22 U.S.C. 290h-5) is amended-- (1) in paragraph (1), in the second sentence, by striking ``level IV of the Executive Schedule under section 5315 of title 5'' and inserting ``level II of the Executive Schedule under section 5313 of title 5, United States Code''; (2) in paragraph (2), by adding at the end the following new sentence: ``Such experts and consultants may be employed without regard to section 5373 of such title.''; and (3) by adding at the end the following new paragraph: ``(3) Of the individuals employed by the Foundation, not to exceed four such individuals may be appointed, compensated, or removed without regard to the civil service laws and regulations. No individual appointed may receive a rate of pay that exceeds the rate for senior level positions under section 5376 of title 5, United States Code. An employee of an agency serving in a career, career conditional, or non-temporary excepted service position who is appointed by the Foundation shall be entitled, on termination of such appointment for any reason other than for the misconduct or delinquence of such employee, to be reinstated in such employee's former position or a position of similar seniority and pay in the same agency.''.

Summary: African Development Foundation Act of 2006 - Amends the the African Development Foundation Act to redesignate the African Development Foundation as the United States African Development Foundation. Specifies that small enterprises, producer associations, and cooperatives are eligible for Foundation assistance grants, loans, and loan guarantee assistance. Increases the project assistance ceiling and permits such amount to be exceeded in exceptional circumstances upon Board of Directors approval and congressional notification. Requires a small enterprise to have its ownership and management and daily business operations vested in one or more individuals who are indigenous to Africa in order to qualify for Foundation assistance. Authorizes the Foundation to provide eligible recipients with technical assistance. Revises specified salary and hiring provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Wholesale Motor Fuel Fairness and Competition Restoration Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) both wholesale and retail motor fuel prices are the result of a number of complex factors, including those related to supply, refining, consumer demand, and oil company cost, pricing, and marketing practices; (2) certain cost, pricing, and marketing practices employed by the oil companies are unfair and anticompetitive, and contribute to the unjustified price of retail motor fuel charged the American consumer; (3) among the unfair and anticompetitive oil company practices are price zoning, redlining, discriminatory wholesale motor fuel pricing, and a complex system of cost allocation that hides the factors on which wholesale costs are based; (4) the oil companies' practice known as price zoning is one by which prices for motor fuel are set solely because of the retail station's geographic location unrelated to cost-of- business factors; (5) price zoning allows an oil company to artificially increase or depress retail motor fuel prices in order to secure an unfair market advantage against competitors; (6) the oil companies engage in a practice known as redlining, whereby a refiner refuses to sell motor fuel to distributors or particular geographic markets; (7) redlining allows an oil company to force concessions from a distributor and affords the company the opportunity to exert undue influence in a particular area or region; (8) the oil companies engage in a practice of discriminatory wholesale pricing of motor fuel based on the relationship of the purchaser to the oil company and the degree of competition they provide; (9) discriminatory pricing allows oil companies to charge different wholesale prices to company owned and operated retail stations, franchisees, and independent retailers though all may be situated in the same community and face the same competitive and operating factors; (10) the oil companies engage in a complex system of cost allocations by which they employ rebates, incentives, credits, and market enhancement allowances that hide the factors on which wholesale prices are based or published; (11) the complex system of cost allocation allows oil companies to post a ``wholesale price'' that is far different from the actual wholesale price that would be revealed if the cost factors were publicly identified and appropriately allocated; and (12) it is appropriate for the Federal Government to prohibit these unfair oil company cost, pricing, and marketing practices, to restore fair and competitive practices to the wholesale sale of motor fuel, and to allow American consumers to assess for themselves the factors that contribute to the price changes they pay at the retail pump. SEC. 3. PRICE DISCRIMINATION PROHIBITION. (a) Prohibition.-- (1) In general.--It shall be a violation of this Act for an owner or operator of a terminal facility to sell motor fuel from the terminal facility to a distributor or retailer at a price in excess of the price it charges any other distributor or retailer, including a distributor or retailer which it owns or with which it is affiliated. (2) Price determination.--For purposes of this subsection, the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated shall be the price determined pursuant to the regulations issued under section 4(a). (3) Exception.--A sale shall not be in violation of this subsection if it is made pursuant to the terms of a franchise or sales contract entered into before October 17, 2000. (b) Civil Penalty.--The Federal Trade Commission may assess a civil penalty, not to exceed $1,000,000, for each violation described in subsection (a). (c) Criminal Penalty.--Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than 5 years. (d) Effective Date.--This section shall take effect 6 months after the date of the enactment of this Act. SEC. 4. FULL DISCLOSURE. (a) Requirement.--The Federal Trade Commission, in consultation with the Secretary of Energy, shall issue regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, including rebates, incentives, and market enhancement allowances. Such regulations shall establish procedures for determining the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated. (b) Effective Date.--The regulations issued under subsection (a) shall take effect 6 months after the date of the enactment of this Act. (c) Public Dissemination.--The Federal Trade Commission shall ensure that all information acquired pursuant to the regulations issued under subsection (a) are made available to the public, except trade secrets and commercial or financial information protected from disclosure under subsection (b)(4) of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). Such information may be disseminated through the Energy Information Administration. SEC. 5. OWNERSHIP STUDY AND REPORT. Not later than 18 months after the date of the enactment of this Act, the Federal Trade Commission, in consultation with the Secretary of Energy, shall transmit to the Congress a report containing the results of a study of whether ownership or operation by a refiner of a facility for the retail sale of motor fuel has anticompetitive effects on the price of motor fuel. Such report shall include any recommendations for legislative or administrative actions the Federal Trade Commission, in consultation with the Secretary of Energy, considers appropriate. SEC. 6. DEFINITIONS. For purposes of this Act, any term defined in section 101 of the Petroleum Marketing Practices Act (15 U.S.C. 2801) shall have the meaning given the term in that Act.

Summary: Sets forth civil and criminal penalties for violations of such prohibition. Directs the Federal Trade Commission to: (1) promulgate regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, including rebates, incentives, and market enhancement allowances; (2) ensure that all such information is made available to the public; and (3) report to Congress the results of a study whether ownership or operation by a refiner of a facility for the retail sale of motor fuel has anticompetitive effects on the price of motor fuel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Expiring Authorities Act of 2013''. SEC. 2. EXTENSIONS OF EXPIRING AUTHORITIES AFFECTING VETERANS AND THEIR FAMILIES. (a) Extension of Authority To Provide Monthly Assistance Allowance to Veterans With Disability Invited by United States Olympic Committee.-- (1) In general.--Section 322(d)(4) of title 38, United States Code, is amended by inserting ``and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013'' after ``2013''. (2) Technical correction.--Section 322 of such title is amended by striking ``United States Paralympics, Inc.,'' each place it appears and inserting ``United States Olympic Committee''. (b) Extension of Authority To Provide Assistance for United States Olympic Committee.-- (1) In general.--Section 521A of such title is amended-- (A) in subsection (g), by inserting ``and $2,000,000 for the period beginning October 1, 2013, and ending December 31, 2013'' after ``2013''; and (B) in subsection (l), by striking ``The Secretary may only provide assistance under this section during fiscal years 2010 through 2013.'' and inserting ``The Secretary may not provide assistance under this section after December 31, 2013.''. (2) Technical correction.--Such section is further amended-- (A) except in subsection (d)(4), by striking ``United States Paralympics, Inc.,'' each place it appears and inserting ``United States Olympic Committee''; (B) in subsection (d)(4), by striking ``United States Paralympics, Inc.'' and inserting ``United States Olympic Committee''; and (C) by adding at the end the following new subsection: ``(m) Applicability to Commonwealths and Territories of United States.--The provisions of this section and section 322 of this title shall apply with respect to the following in the same manner and to the same degree as the United States Olympic Committee: ``(1) The American Samoa National Olympic Committee. ``(2) Guam National Olympic Committee. ``(3) Comite Olimpico de Puerto Rico. ``(4) Such entities as the Secretary considers appropriate to represent the interests of the Northern Mariana Islands and the United States Virgin Islands under this section and section 322 of this title.''. (3) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 521A and inserting the following new item: ``521A. Assistance for United States Olympic Committee.''. (c) Extension of Authority for Collection of Copayments for Hospital Care and Nursing Home Care.--Section 1710(f)(2)(B) of such title is amended by striking ``September 30, 2013'' and inserting ``September 30, 2014''. (d) Extension of Authority for Recovery From Third Parties of Cost of Care and Services Furnished to Veterans With Health-plan Contracts for Non-service-connected Disability.--Section 1729(a)(2)(E) of such title is amended by striking ``October 1, 2013'' and inserting ``October 1, 2014''. (e) Extensions of Authorities Affecting Homeless Veterans.-- (1) Homeless veterans reintegration programs.--Section 2021(e)(1)(F) of such title is amended by striking ``2013'' and inserting ``2014''. (2) Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.-- Section 2023(d) of such title is amended-- (A) by inserting ``to enter into a contract'' before ``to provide''; and (B) by striking ``September 30, 2013'' and inserting ``September 30, 2014''. (f) Extension of Previously Fully-funded Authorities Affecting Homeless Veterans.-- (1) Comprehensive service programs.--Section 2013 of such title is amended by striking paragraph (6) and inserting the following new paragraphs: ``(6) $250,000,000 for fiscal year 2014. ``(7) $150,000,000 for fiscal year 2015 and each subsequent fiscal year.''. (2) Financial assistance for supportive services for very low- income veteran families in permanent housing.--Section 2044(e)(1)(E) of such title is amended by striking ``for fiscal year 2013'' and inserting ``for each of fiscal years 2013 and 2014''. (3) Grant program for homeless veterans with special needs.-- Section 2061(d)(1) of such title is amended by striking ``through 2013'' and inserting ``through 2014''. (g) Extension of Temporary Expansion of Eligibility for Specially Adapted Housing Assistance for Certain Veterans With Disabilities Causing Difficulty With Ambulating.--Section 2101(a)(4) of such title is amended-- (1) by striking ``The Secretary's'' and inserting ``(A) Except as provided in subparagraph (B), the Secretary's''; (2) in subparagraph (A), as designated by paragraph (1), by striking ``September 30, 2013'' and inserting ``September 30, 2014''; and (3) by adding at the end the following new subparagraph: ``(B) In fiscal year 2014, the Secretary may not approve more than 30 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).''. (h) Extension of Authority To Calculate Net Value of Real Property Securing Defaulted Loan for Purposes of Liquidation.--Section 3732(c)(11) of such title is amended by striking ``October 1, 2013'' and inserting ``October 1, 2014''. (i) Extension of Pilot Program on Assistance for Child Care for Certain Veterans Receiving Health Care.--Section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1710 note) is amended-- (1) in subsection (e), by striking ``2-year'' and inserting ``3-year''; and (2) in subsection (h), by striking ``and 2011'' and inserting ``and 2014''. SEC. 3. REAUTHORIZATION OF USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS. (a) Secretary of Health and Human Services.--Section 453(j)(11) of the Social Security Act (42 U.S.C. 653(j)(11)) is amended by striking subparagraph (G) and inserting the following new subparagraph (G): ``(G) Expiration of authority.--The authority under this paragraph shall be in effect as follows: ``(i) During the period beginning on December 26, 2007, and ending on November 18, 2011. ``(ii) During the period beginning on the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013 and ending 180 days after that date.''. (b) Secretary of Veterans Affairs.--Section 5317A of title 38, United States Code, is amended by striking subsection (d) and inserting the following new subsection (d): ``(d) Expiration of Authority.--The authority under this section shall be in effect as follows: ``(1) During the period beginning on December 26, 2007, and ending on November 18, 2011. ``(2) During the period beginning on the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013 and ending 180 days after that date.''. SEC. 4. EFFECTIVE DATE AND RATIFICATION. (a) Effective Date.--This Act shall take effect on October 1, 2013, except that Section 2 (a) shall take effect on September 30, 2013. (b) Ratification.--If this Act is not enacted on or before September 30, 2013, any actions undertaken by the Department of Veterans Affairs under the authorities extended by this Act during the period beginning on such date and ending on the date of the enactment of this Act shall be deemed ratified. SEC. 5. SCORING OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (This measure has not been amended since it was passed by the Senate on September 23, 2013. Department of Veterans Affairs Expiring Authorities Act of 2013 - (Sec. 2) Authorizes specified appropriations for the period October 1-December 31, 2013, to pay a monthly assistance allowance to a veteran with a disability invited by the United States Olympic Committee (USOC) to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the USOC, or who is residing at a USOC, training center. Extends for the same period the authorization for grants to USOC for an integrated adaptive sports program for disabled veterans and disabled members of the Armed Forces. Applies the same grant authorization, in the same manner and to the same degree as to the USOC, to: (1) the American Samoa National Olympic Committee, (2) the Guam National Olympic Committee, (3) the Comite Olimpico de Puerto Rico, and (4) appropriate entities representing the interests of the Northern Mariana Islands and the United States Virgin Islands. Extends through FY2014 a veteran's liability for copayments of $10 for every day the veteran receives hospital care and of $5 for every day he or she receives nursing home care. Extends through FY2014 the right of the United States to recover or collect from a third party reasonable charges for care or services for a non-service-connected disability of a veteran with a service-connected disability who is entitled to care (or payment of the expenses of care) under a health-plan contract. Extends through FY2014 the authority of the Secretary of Labor for homeless veterans reintegration programs, and of the same Secretary and the Secretary of Veterans Affairs (VA) to contract for referral and counseling services for veterans at risk of homelessness who are transitioning from certain institutions. Extends through FY2015 the authorization of appropriations for comprehensive service programs for homeless veterans. Extends through FY2014 the availability of funds for: (1) financial assistance for supportive services for very low-income veteran families in permanent housing, and (2) the grant program for homeless veterans with special needs. Extends through FY2014 specially adapted housing assistance for a disabled veteran whose permanent and total service-connected disability causes difficulty with ambulating. Limits to 30 applications during FY2014 approval of such assistance for any such disabled veterans who served in the Armed Forces on or after September 11, 2001. Extends through FY2014 the authority to calculate, for liquidation purposes, the net value of real property securing a defaulted guaranteed housing or small business loan to a veteran. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to extend through FY2014 the pilot program to assess the feasibility and advisability of providing assistance to veterans receiving regular or intensive mental health services and other intensive health care services in order to obtain child care while receiving such services. (Sec. 3) Amends part D (Child Support and Establishment of Paternity) of title IV (Temporary Assistance to Needy families) (TANF) of the Social Security Act to revive for a specified 180-day period the authority of the Secretary of Veterans Affairs to furnish the Secretary of Health and Human Services (HHS) with VA information for comparison with information in the National Directory of New Hires about individuals applying for or receiving needs-based veterans pension benefits, parents' dependency and indemnity compensation, veterans health care services, or compensation based on 100% unemployability. Authorizes for the same 180-day period the authority of the VA Secretary to terminate, deny, suspend, or reduce any of such veterans benefits or services, with respect to an applicant or recipient under age 65, by reason of information obtained from the HHS Secretary, but only if the VA Secretary takes appropriate steps to verify independently information relating to the individual's employment and employment income. (Sec. 4) Makes this Act effective on October 1, 2013, except for the authorization of appropriations for monthly assistance for disabled veterans invited to compete for a slot on, or selected for, the Paralympic Team, which shall be effective September 30, 2013. Deems ratified any VA actions undertaken before enactment of this Act under the authorities extended by this Act, if this Act is not enacted on or before September 30, 2013.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Security Act of 2003''. SEC. 2. DEFINITIONS. Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended-- (1) by redesignating subsection jj. as subsection ii.; and (2) by adding at the end the following: ``jj. Design Basis Threat.--The term `design basis threat' means the design basis threat established by the Commission under section 73.1 of title 10, Code of Federal Regulations (or any successor regulation developed under section 170C). ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear facility' means-- ``(1) a commercial nuclear power plant and associated spent fuel storage facility; ``(2) a decommissioned nuclear power plant and associated spent fuel storage facility; ``(3) a category I fuel cycle facility; ``(4) a gaseous diffusion plant; and ``(5) any other facility licensed by the Commission, or used in the conduct of an activity licensed by the Commission, that the Commission determines should be treated as a sensitive nuclear facility under section 170C.''. SEC. 3. NUCLEAR SECURITY. (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE DESIGN BASIS THREAT. ``(a) Definitions.--In this section: ``(1) Nuclear security force.--The term `nuclear security force' means the nuclear security force established under subsection (b)(1). ``(2) Fund.--The term `Fund' means the Nuclear Security Fund established under subsection (e). ``(3) Qualification standard.--The term `qualification standard' means a qualification standard established under subsection (d)(2)(A). ``(4) Security plan.--The term `security plan' means a security plan developed under subsection (b)(2). ``(b) Nuclear Security.--The Commission shall-- ``(1) establish a nuclear security force, the members of which shall be employees of the Commission, to provide for the security of all sensitive nuclear facilities against the design basis threat; and ``(2) develop and implement a security plan for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against the design basis threat. ``(c) Security Plans.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Commission shall develop a security plan for each sensitive nuclear facility to ensure the protection of each sensitive nuclear facility against the design basis threat. ``(2) Elements of the plan.--A security plan shall prescribe-- ``(A) the deployment of the nuclear security force, including-- ``(i) numbers of the members of the nuclear security force at each sensitive nuclear facility; ``(ii) tactics of the members of the nuclear security force at each sensitive nuclear facility; and ``(iii) capabilities of the members of the nuclear security force at each sensitive nuclear facility; ``(B) other protective measures, including-- ``(i) designs of critical control systems at each sensitive nuclear facility; ``(ii) restricted personnel access to each sensitive nuclear facility; ``(iii) perimeter site security, internal site security, and fire protection barriers; ``(iv) increases in protection for spent fuel storage areas; ``(v) placement of spent fuel in dry cask storage; and ``(vi) background security checks for employees and prospective employees; and ``(C) a schedule for completing the requirements of the security plan not later than 18 months after the date of enactment of this section. ``(3) Additional requirements.--A holder of a license for a sensitive nuclear facility under section 103 or 104 or the State or local government in which a sensitive nuclear facility is located may petition the Commission for additional requirements in the security plan for the sensitive nuclear facility. ``(4) Implementation of security plan.--Not later than 270 days after the date of enactment of this section, the Commission, in consultation with a holder of a license for a sensitive nuclear facility under section 103 or 104, shall, by direct action of the Commission or by order requiring action by the licensee, implement the security plan for the sensitive nuclear facility in accordance with the schedule under paragraph (2)(C). ``(5) Sufficiency of security plan.--If at any time the Commission determines that the implementation of the requirements of the security plan for a sensitive nuclear facility is insufficient to ensure the security of the sensitive nuclear facility against the design basis threat, the Commission shall immediately submit to Congress and the President a classified report that-- ``(A) identifies the vulnerability of the sensitive nuclear facility; and ``(B) recommends actions by Federal, State, or local agencies to eliminate the vulnerability. ``(d) Nuclear Security Force.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this section, the Commission, in consultation with other Federal agencies, as appropriate, shall establish a program for the hiring and training of the nuclear security force. ``(2) Hiring.-- ``(A) Qualification standards.--Not later than 30 days after the date of enactment of this section, the Commission shall establish qualification standards that individuals shall be required to meet to be hired by the Commission as members of the nuclear security force. ``(B) Examination.--The Commission shall develop and administer a nuclear security force personnel examination for use in determining the qualification of individuals seeking employment as members of the nuclear security force. ``(C) Criminal and security background checks.--The Commission shall require that an individual to be hired as a member of the nuclear security force undergo a criminal and security background check. ``(D) Disqualification of individuals who present national security risks.--The Commission, in consultation with the heads of other Federal agencies, as appropriate, shall establish procedures, in addition to any background check conducted under subparagraph (B), to ensure that no individual who presents a threat to national security is employed as a member of the nuclear security force. ``(3) Annual proficiency review.-- ``(A) In general.--The Commission shall provide that an annual evaluation of each member of the nuclear security force is conducted and documented. ``(B) Requirements for continuation.--An individual employed as a member of the nuclear security force may not continue to be employed in that capacity unless the evaluation under subparagraph (A) demonstrates that the individual-- ``(i) continues to meet all qualification standards; ``(ii) has a satisfactory record of performance and attention to duty; and ``(iii) has the knowledge and skills necessary to vigilantly and effectively provide for the security of a sensitive nuclear facility against the design basis threat. ``(4) Training.-- ``(A) In general.--The Commission shall provide for the training of each member of the nuclear security force to ensure each member has the knowledge and skills necessary to provide for the security of a sensitive nuclear facility against the design basis threat. ``(B) Training plan.--Not later than 60 days after the date of enactment of this section, the Commission shall develop a plan for the training of members of the nuclear security force. ``(C) Use of other agencies.--The Commission may enter into a memorandum of understanding or other arrangement with any other Federal agency with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of members of the nuclear security force. ``(e) Nuclear Security Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Nuclear Security Fund', which shall be used by the Commission to administer programs under this section to provide for the security of sensitive nuclear facilities. ``(2) Deposits in the fund.--The Commission shall deposit in the Fund-- ``(A) the amount of fees collected under paragraph (5); and ``(B) amounts appropriated under subsection (f). ``(3) Investment of amounts.-- ``(A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. ``(B) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- ``(i) on original issue at the issue price; or ``(ii) by purchase of outstanding obligations at the market price. ``(C) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. ``(D) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(4) Use of amounts in the fund.--The Commission shall use amounts in the Fund to pay the costs of-- ``(A) salaries, training, and other expenses of the nuclear security force; and ``(B) developing and implementing security plans. ``(5) Fee.--To ensure that adequate amounts are available to provide assistance under paragraph (4), the Commission shall assess licensees a fee in an amount determined by the Commission. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Implementation.--The Commission shall complete the full implementation of the amendment made by subsection (a) as soon as practicable after the date of enactment of this Act, but in no event later than 270 days after the date of enactment of this Act. (c) Technical and Conforming Amendment.--The table of contents for chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end the following: ``170B. Uranium supply. ``170C. Protection of sensitive nuclear facilities against the design basis threat.''.

Summary: Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat; and (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat. Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility. Requires the NRC to establish a hiring and training program for the nuclear security force. Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Medical School Accountability Fairness Act of 2013''. SEC. 2. PURPOSE. To establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. SEC. 3. FINDINGS. Congress finds the following: (1) Three for-profit schools in the Caribbean receive more than two-thirds of all Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes to students enrolled at foreign graduate medical schools, despite those three schools being exempt from meeting the same eligibility requirements as the majority of graduate medical schools located outside of the United States and Canada. (2) The National Committee on Foreign Medical Education and Accreditation and the Department of Education recommend that all foreign graduate medical schools should be required to meet the same eligibility requirements to participate in Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and see no rationale for excluding certain schools. (3) The attrition rate at United States medical schools averaged 3 percent for the class beginning in 2009 while rates at for-profit Caribbean schools have reached 26 percent or higher. (4) In 2013, residency match rates for foreign trained graduates averaged 53 percent compared to 94 percent for graduates of medical schools in the United States. (5) On average, students at for-profit medical schools operating outside of the United States and Canada amass more student debt than those at medical schools in the United States. SEC. 4. REPEAL GRANDFATHER PROVISIONS. Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(2)) is amended-- (1) in subparagraph (A), by striking clause (i) and inserting the following: ``(i) in the case of a graduate medical school located outside the United States-- ``(I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and ``(II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV;''; and (2) in subparagraph (B)(iii), by adding at the end the following: ``(V) Expiration of authority.--The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2013.''. SEC. 5. LOSS OF ELIGIBILITY. If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the amendments made by section 4, then a student enrolled at such graduate medical school on or before the date of enactment of this Act may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under such part D while attending such graduate medical school in which the student was enrolled upon the date of enactment of this Act, subject to the student continuing to meet all applicable requirements for satisfactory academic progress, until the earliest of-- (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility.

Summary: Foreign Medical School Accountability Fairness Act of 2013 - Amends the Higher Education Act of 1965 to eliminate the exemption of certain foreign medical schools from the prohibition on foreign medical schools participating in the William D. Ford Federal Direct Loan program, unless: at least 60% of those enrolled in, and at least 60% of the graduates of, the foreign medical school during the preceding year were not citizens, nationals, or permanent residents of the United States or were not in the United States with the intention of becoming citizens or permanent residents; and at least 75% of students or graduates of the medical school located outside the United States or Canada who took the examinations administered by the Educational Commission for Foreign Medical Graduates in the preceding year received a passing score. Preserves the Direct Loan eligibility of students who were enrolled at schools excepted from that prohibition on or before the date of this Act's enactment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protection Act of 1997''. SEC. 2. ESTABLISHMENT OF MORE INDEPENDENT OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Paragraph (1) of section 7802(d) of the Internal Revenue Code of 1986 (relating to Office of Taxpayer Advocate) is amended to read as follows: ``(1) Establishment.-- ``(A) In general.--There is established in the Internal Revenue Service an office to be known as the `Office of the Taxpayer Advocate'. ``(B) National taxpayer advocate.-- ``(i) In general.--The Office of the Taxpayer Advocate shall be under the supervision and direction of an official to be known as the `National Taxpayer Advocate'. The National Taxpayer Advocate shall report directly to the Commissioner of Internal Revenue and shall be entitled to compensation at the same rate as the highest level official reporting directly to the Commissioner of the Internal Revenue Service. ``(ii) Appointment.--The National Taxpayer Advocate shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals with a background in customer service, as well as tax law. No officer or employee of the Internal Revenue Service may be appointed to such position in order to ensure an independent position to represent taxpayers' interests.''. (b) Annual Reports and Additional Responsibilities.--Section 7802(d)(2) of the Internal Revenue Code of 1986 (relating to functions of office) is amended by striking subparagraph (B) and inserting the following: ``(B) Annual reports.-- ``(i) Objectives.--Not later than June 30 of each calendar year, the National Taxpayer Advocate shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the objectives of the Office of the Taxpayer Advocate for the fiscal year beginning in such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information. ``(ii) Activities.--Not later than December 31 of each calendar year, the National Taxpayer Advocate shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the activities of the Office of the Taxpayer Advocate during the fiscal year ending during such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information, and shall-- ``(I) identify the initiatives the Office of the Taxpayer Advocate has taken on improving taxpayer services and Internal Revenue Service responsiveness, ``(II) contain recommendations received from individuals with the authority to issue Taxpayer Assistance Orders under section 7811, ``(III) contain a summary of at least 20 of the most serious problems encountered by taxpayers, including a description of the nature of such problems, ``(IV) contain an inventory of the items described in subclauses (I), (II), and (III) for which action has been taken and the result of such action, ``(V) contain an inventory of the items described in subclauses (I), (II), and (III) for which action remains to be completed and the period during which each item has remained on such inventory, ``(VI) contain an inventory of the items described in subclauses (I), (II), and (III) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and identify any Internal Revenue Service official who is responsible for such inaction, ``(VII) identify any Taxpayer Assistance Order which was not honored by the Internal Revenue Service in a timely manner, as specified under section 7811(b), ``(VIII) contain recommendations for such administrative and legislative action as may be appropriate to resolve problems encountered by taxpayers, ``(IX) identify areas of the tax law that impose significant compliance burdens on taxpayers or the Internal Revenue Service, including specific recommendations for remedying these problems, ``(X) identify the 10 most litigated issues for each category of taxpayers, including recommendations for mitigating such disputes, and ``(XI) include such other information as the National Taxpayer Advocate may deem advisable. ``(iii) Report to be submitted directly.-- Each report required under this subparagraph shall be provided directly to the Committees described in clauses (i) and (ii) without any prior review or comment from the Commissioner, the Secretary of the Treasury, any other officer or employee of the Department of the Treasury, or the Office of Management and Budget. ``(C) Other responsibilities.--The National Taxpayer Advocate shall-- ``(i) monitor the coverage and geographic allocation of local taxpayer advocates, ``(ii) develop guidance to be distributed to all Internal Revenue Service officers and employees outlining the criteria for referral of taxpayer inquiries to local taxpayer advocates, ``(iii) ensure that the local telephone number for the local taxpayer advocate in each Internal Revenue Service district is published and available to taxpayers, and ``(iv) in conjunction with the Commissioner, develop career paths for local taxpayer advocates choosing to make a career in the Office of the Taxpayer Advocate.''. (c) National Oversight of Local Offices.--Section 7802(d)(2) of the Internal Revenue Code of 1986 (relating to functions of office), as amended by subsection (b), is amended by adding at the end the following: ``(D) Personnel actions.-- ``(i) Heads of local offices.--The National Taxpayer Advocate shall have the responsibility to-- ``(I) appoint and dismiss the local taxpayer advocate heading the office of the taxpayer advocate at each Internal Revenue Service district office and service center, and ``(II) evaluate and take personnel actions with respect to any employee of an office of the taxpayer advocate described in subclause (I). ``(ii) Consultation.--The National Taxpayer Advocate may consult with the head of any Internal Revenue Service district office or service center in carrying out the National Taxpayer Advocate's responsibilities under this subparagraph.''. (d) Operation of Local Offices.--Section 7802(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(4) Operation of local offices.-- ``(A) In general.--Each local taxpayer advocate-- ``(i) shall report directly to the National Taxpayer Advocate, ``(ii) may consult with the head of the Internal Revenue Service district office or service center which the local taxpayer advocate serves regarding the daily operation of the office of the taxpayer advocate, ``(iii) shall, at the initial meeting with any taxpayer seeking the assistance of the office of the taxpayer advocate, notify such taxpayer that the office operates independently of any Internal Revenue Service district office or service center and reports directly to Congress through the National Taxpayer Advocate, and ``(iv) shall, at the taxpayer advocate's discretion, not disclose to the Internal Revenue Service contact with, or information provided by, such taxpayer. ``(B) Maintenance of independent communications.-- Each local office of the taxpayer advocate shall maintain separate phone, facsimile, and other electronic communication access, and a separate post office address from the Internal Revenue Service district office or service center which it serves.''. (e) Notice of Right To Contact Office Included in Notice of Deficiency.--Section 6212(a) of the Internal Revenue Code of 1986 (relating to notice of deficiency) is amended by adding at the end the following: ``Such notice shall include a notice to the taxpayer of the taxpayer's right to contact a local office of the taxpayer advocate and the location and phone number of the nearest office.''. (f) Expansion of Authority To Issue Taxpayer Assistance Orders.-- Section 7811(a) of the Internal Revenue Code of 1986 (relating to taxpayer assistance orders) is amended-- (1) by striking ``Upon application'' and inserting the following: ``(1) In general.--Upon application'', (2) by moving the text 2 ems to the right, and (3) by adding at the end the following new paragraph: ``(2) Determination of hardship.--For purposes of determining whether a taxpayer is suffering or about to suffer a significant hardship, the National Taxpayer Advocate should consider-- ``(A) whether the Internal Revenue Service employee to which such order would issue is following applicable published administrative guidance, including the Internal Revenue Manual, ``(B) whether there is an immediate threat of adverse action, ``(C) whether there has been a delay of more than 30 days in resolving taxpayer account problems, and ``(D) the prospect that the taxpayer will have to pay significant professional fees for representation.''. (g) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``Taxpayer Advocate'' each place it appears and inserting ``National Taxpayer Advocate'': (A) Section 6323(j)(1)(D) (relating to withdrawal of notice in certain circumstances). (B) Section 6343(d)(2)(D) (relating to return of property in certain cases). (C) Section 7802(d)(3) (relating to responsibilities of Commissioner). (D) Section 7811(a)(1) (relating to authority to issue), as amended by subsection (f). (E) Section 7811(b)(2)(D) (relating to terms of a Taxpayer Assistance Order). (F) Section 7811(c) (relating to authority to modify or rescind). (G) Section 7811(d)(2) (relating to suspension of running of period of limitation). (H) Section 7811(e) (relating to independent action of Taxpayer Advocate). (I) Section 7811(f) (relating to Taxpayer Advocate). (2) Section 7811(d)(1) of such Code (relating to suspension of running of period of limitation) is amended by striking ``Taxpayer Advocate's'' and inserting ``National Taxpayer Advocate's''. (3) The headings of subsections (e) and (f) of section 7802 of such Code are each amended by striking ``Taxpayer Advocate'' and inserting ``National Taxpayer Advocate''. (4) The heading of section 7802 of such Code is amended by striking ``taxpayer advocate'' and inserting ``national taxpayer advocate''. (h) Transition Rules Relating to Appointment of National Taxpayer Advocate.-- (1) Initial appointment.--The President shall nominate for appointment the initial National Taxpayer Advocate to serve as head of the Office of the Taxpayer Advocate established under section 7208(a) of the Internal Revenue Code of 1986 (as amended by this section) not later than 120 days after the date of the enactment of this Act. (2) Interim role of current taxpayer advocate.--Until an individual has taken office under section 7208(a) of such Code (as so amended), the Taxpayer Advocate shall assume the additional powers and duties of the National Taxpayer Advocate under the amendments made by this section. (i) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Summary: Taxpayer Protection Act of 1997 - Amends the Internal Revenue Code to revise provisions concerning of the Office of the Taxpayer Advocate. Places such office under the direction of the National Taxpayer Advocate, who shall be appointed by the President. (Currently, the Office is under the direction of the Taxpayer Advocate, who is appointed by the Commissioner of Internal Revenue.) Revises provisions concerning reporting and responsibilities of the Office, including directing the National Taxpayer Advocate to appoint local taxpayer advocates who shall report directly to the National Taxpayer Advocate. Requires each local taxpayer advocate office to maintain separate phone, facsimile, and other communication access, and a separate post office address from its IRS district office or service center. Revises provisions concerning the authority to issue taxpayer assistance orders.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Training and Research in Urology Act of 2004''. SEC. 2. RESEARCH, TRAINING, AND HEALTH INFORMATION DISSEMINATION WITH RESPECT TO UROLOGIC DISEASES. (a) Division Director of Urology.--Section 428 of the Public Health Service Act (42 U.S.C. 285c-2) is amended-- (1) in subsection (a)(1), by striking ``and a Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``a Division Director for Urologic Diseases, and a Division Director for Kidney and Hematologic Diseases''; and (2) in subsection (b)-- (A) by striking ``and the Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``the Division Director for Urologic Diseases, and the Division Director for Kidney and Hematologic Diseases''; and (B) by striking ``(1) carry out programs'' and all that follows through the end and inserting the following: ``(1) carry out programs of support for research and training (other than training for which National Research Service Awards may be made under section 487) in the diagnosis, prevention, and treatment of diabetes mellitus and endocrine and metabolic diseases, digestive diseases and nutritional disorders, and kidney, urologic, and hematologic diseases, including support for training in medical schools, graduate clinical training (with particular attention to programs geared to the needs of urology residents and fellows), graduate training in epidemiology, epidemiology studies, clinical trials, and interdisciplinary research programs; ``(2) establish programs of evaluation, planning, and dissemination of knowledge related to such research and training; ``(3) in cooperation with the urologic scientific and patient community, develop and submit to the Congress not later than January 1, 2006, a national urologic research plan that identifies research needs in the various areas of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases; and ``(4) in cooperation with the urologic scientific and patient community, review the national urologic research plan every 3 years beginning in 2009 and submit to the Congress any revisions or additional recommendations.''; and (3) at the end of the section, by adding the following: ``(c) There are authorized to be appropriated $500,000 for each of fiscal years 2004 and 2005 to carry out paragraphs (3) and (4) of subsection (b), and such sums as may be necessary thereafter.''. (b) Urologic Diseases Data System and Information Clearinghouse.-- Section 427 of the Public Health Service Act (42 U.S.C. 285c-1) is amended-- (1) in subsection (c), by striking the terms ``and Urologic'' and ``and urologic'' each place either such term appears; and (2) by adding at the end the following: ``(d) The Director of the Institute shall-- ``(1) establish the National Urologic Diseases Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with urologic diseases, including, where possible, data involving general populations for the purpose of detection of individuals with a risk of developing urologic diseases; and ``(2) establish the National Urologic Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of urologic diseases on the part of health professionals, patients, and the public through the effective dissemination of information.''. (c) Strengthening the Urology Interagency Coordinating Committee.-- Section 429 of the Public Health Service Act (42 U.S.C. 285c-3) is amended-- (1) in subsection (a), by striking ``and a Kidney, Urologic, and Hematologic Diseases Coordinating Committee'' and inserting ``a Urologic Diseases Interagency Coordinating Committee, and a Kidney and Hematologic Diseases Interagency Coordinating Committee''; (2) in subsection (b), by striking ``the Chief Medical Director of the Veterans' Administration,'' and inserting ``the Under Secretary for Health of the Department of Veterans Affairs''; and (3) by adding at the end the following: ``(d) The urology interagency coordinating committee may encourage, conduct, or support intra- or interagency activities in urology research, including joint training programs, joint research projects, planning activities, and clinical trials. ``(e) For the purpose of carrying out the activities of the Urologic Diseases Interagency Coordinating Committee, there are authorized to be appropriated $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter.''. (d) National Urologic Diseases Advisory Board.--Section 430 of the Public Health Service Act (42 U.S.C. 285c-4) is amended by striking ``and the National Kidney and Urologic Diseases Advisory Board'' and inserting ``the National Urologic Diseases Advisory Board, and the National Kidney Diseases Advisory Board''. (e) Expansion of O'Brien Urologic Disease Research Centers.-- (1) In general.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended in the matter preceding paragraph (1) by inserting ``There shall be no fewer than 15 such centers focused exclusively on research of various aspects of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases.'' before ``Each center developed''. (2) Authorization of appropriations.--Section 431 of the Public Health Service Act (42 U.S.C. 285c-5) is amended by adding at the end the following: ``(f) There are authorized to be appropriated for the urologic disease research centers described in subsection (c) $22,500,000 for each of fiscal years 2004 through 2008, and such sums as are necessary thereafter.''. (3) Technical amendment.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended at the beginning of the unnumbered paragraph-- (A) by striking ``shall develop and conduct'' and inserting ``(2) shall develop and conduct''; and (B) by aligning the indentation of such paragraph with the indentation of paragraphs (1), (3), and (4). (f) Subcommittee on Urologic Diseases.--Section 432 of the Public Health Service Act (42 U.S.C. 285c-6) is amended by striking ``and a subcommittee on kidney, urologic, and hematologic diseases'' and inserting ``a subcommittee on urologic diseases, and a subcommittee on kidney and hematologic diseases''. (g) Loan Repayment To Encourage Urologists and Other Scientists To Enter Research Careers.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting after section 434A the following: ``loan repayment program for urology research ``Sec. 434B. (a) Establishment.--Subject to subsection (b), the Secretary shall carry out a program of entering into contracts with appropriately qualified health professionals or other qualified scientists under which such health professionals or scientists agree to conduct research in the field of urology, as employees of the National Institutes of Health or of an academic department, division, or section of urology, in consideration of the Federal Government agreeing to repay, for each year of such research, not more than $35,000 of the principal and interest of the educational loans of such health professionals or scientists. ``(b) Limitation.--The Secretary may not enter into an agreement with a health professional or scientist pursuant to subsection (a) unless the professional or scientist-- ``(1) has a substantial amount of educational loans relative to income; and ``(2) agrees to serve as an employee of the National Institutes of Health or of an academic department, division, or section of urology for purposes of the research requirement of subsection (a) for a period of not less than 3 years. ``(c) Applicability of Certain Provisions.--Except as inconsistent with this section, the provisions of subpart 3 of part D of title III apply to the program established under subsection (a) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established under such subpart.''. (h) Authorization of Appropriations for Urology Research.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) (as amended by subsection (g)) is further amended by inserting after section 434B the following: ``authorization of appropriations for urology research ``Sec. 434C. There are authorized to be appropriated to the Director of NIH for the purpose of carrying out intra- and interagency activities in urology research (including training programs, joint research projects, and joint clinical trials) $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter. Amounts authorized to be appropriated under this section shall be in addition to amounts otherwise available for such purpose.''.

Summary: Training and Research in Urology Act of 2004 - Amends the Public Health Service Act to separate the research and training on urologic diseases from that of kidney and hematologic diseases. Replaces the Division Director for Kidney, Urologic, and Hematologic Diseases in the National Institute of Diabetes and Digestive and Kidney Diseases with a Division Director for Urologic Diseases and a Division Director for Kidney and Hematologic Diseases. Requires the Director of the Institute to: (1) give particular attention to supporting research and training programs geared to the needs of urology residents and fellows; and (2) submit to Congress a national urologic research plan and review such plan every three years. Replaces the National Kidney and Urologic Diseases Data System, the National Kidney and Urologic Diseases Information Clearinghouse, and the National Kidney and Urologic Diseases Advisory Board with separate data systems, information clearinghouses, and advisory boards for kidney diseases and urologic diseases. Replaces the Kidney, Urologic, and Hematologic Diseases Interagency Coordinating Committee and the Institute's advisory panel subcommittee on kidney, urologic, and hematologic diseases with separate coordinating committees and subcommittees for: (1) kidney and hematologic diseases; and (2) urologic diseases. Requires at least 15 of the centers developed for research in kidney and urologic diseases under the Public Health Service Act to focus exclusively on urologic diseases. Directs the Secretary of Health and Human Services to establish a loan repayment program for urology research.


SECTION 1. SHORT TITLE. This title may be cited as the ``Habeas Corpus Revision Act of 1994''. SEC. 2. STATUTE OF LIMITATIONS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) In the case of an applicant under sentence of death, any application for habeas corpus relief under this section must be filed in the appropriate district court not later than 1 year after-- ``(A) the date of denial of a writ of certiorari, if a petition for a writ of certiorari to the highest court of the State on direct appeal or unitary review of the conviction and sentence is filed, within the time limits established by law, in the Supreme Court; ``(B) the date of issuance of the mandate of the highest court of the State on direct appeal or unitary review of the conviction and sentence, if a petition for a writ of certiorari is not filed, within the time limits established by law, in the Supreme Court; or ``(C) the date of issuance of the mandate of the Supreme Court, if on a petition for a writ of certiorari the Supreme Court grants the writ and disposes of the case in a manner that leaves the capital sentence undisturbed. ``(2) The time requirements established by this section shall be tolled-- ``(A) during any period in which the State has failed to provide counsel as required in section 2257 of this chapter; ``(B) during the period from the date the applicant files an application for State postconviction relief until final disposition of the application by the State appellate courts, if all filing deadlines are met; and ``(C) during an additional period not to exceed 90 days, if counsel moves for an extension in the district court that would have jurisdiction of a habeas corpus application and makes a showing of good cause.''. SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES. Section 2251 of title 28, United States Code, is amended-- (1) by inserting ``(a)(1)'' before the first paragraph; (2) by inserting ``(2)'' before the second paragraph; and (3) by adding at the end the following: ``(b) In the case of an individual under sentence of death, a warrant or order setting an execution shall be stayed upon application to any court that would have jurisdiction over an application for habeas corpus under this chapter. The stay shall be contingent upon reasonable diligence by the individual in pursuing relief with respect to such sentence and shall expire if-- ``(1) the individual fails to apply for relief under this chapter within the time requirements established by section 2254(g) of this chapter; ``(2) upon completion of district court and court of appeals review under section 2254 of this chapter, the application is denied and-- ``(A) the time for filing a petition for a writ of certiorari expires before a petition is filed; ``(B) a timely petition for a writ of certiorari is filed and the Supreme Court denies the petition; or ``(C) a timely petition for certiorari is filed and, upon consideration of the case, the Supreme Court disposes of it in a manner that leaves the capital sentence undisturbed; or ``(3) before a court of competent jurisdiction, in the presence of counsel qualified under section 2257 of this chapter and after being advised of the consequences of the decision, an individual waives the right to pursue relief under this chapter.''. SEC. 4. LAW APPLICABLE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2256. Law applicable ``(a) Except as provided in subsection (b), in an action under this chapter, the court shall not apply a new rule. ``(b) A court shall apply a new rule, if the new rule-- ``(1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or ``(2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. ``(c) As used in this section, the term `new rule' means a clear break from precedent, announced by the Supreme Court of the United States, that could not reasonably have been anticipated at the time the claimant's sentence became final in State court. A rule is not `new' merely because it was not dictated or compelled by the precedents existing at that time or because, at that time, it was susceptible to debate among reasonable minds.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``2256. Law applicable.''. SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 of this subtitle the following: ``Sec. 2257. Counsel in capital cases; State court ``(a) Notwithstanding section 2254(d) of this chapter, the court in an action under this chapter shall neither presume a finding of fact made in a State court proceeding specified in subsection (b)(1) of this section to be correct nor decline to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless-- ``(1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases that meets the specifications in subsection (b) of this section; ``(2) if the applicant in the instant case was eligible for the appointment of counsel and did not waive such an appointment, the State actually appointed an attorney or attorneys to represent the applicant in the State proceeding in which the finding of fact was made or the default occurred; and ``(3) the attorney or attorneys so appointed substantially met both the qualification standards specified in subsection (b)(3)(A) or (b)(4) of this section and the performance standards established by the appointing authority. ``(b) A mechanism for providing legal services to indigents within the meaning of subsection (a)(1) of this section shall include the following elements: ``(1) The State shall provide legal services to-- ``(A) indigents charged with offenses for which capital punishment is sought; ``(B) indigents who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and ``(C) indigents who have been sentenced to death and who seek certiorari review of State court judgments in the United States Supreme Court. ``(2) The State shall establish a counsel authority, which shall be-- ``(A) a statewide defender organization; ``(B) a resource center; or ``(C) a counsel authority appointed by the highest State court having jurisdiction over criminal matters, consisting of members of the bar with substantial experience in, or commitment to, the representation of criminal defendants in capital cases, and comprised of a balanced representation from each segment of the State's criminal defense bar. ``(3) The counsel authority shall-- ``(A) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel, which shall include-- ``(i) knowledge and understanding of pertinent legal authorities regarding issues in capital cases; and ``(ii) skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; ``(B) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and ``(C) appoint a defense team, which shall include at least 2 attorneys, to represent a client at the relevant stage of proceedings, within 30 days after receiving notice of the need for the appointment from the relevant State court. ``(4) An attorney who is not listed on the roster shall be appointed only on the request of the client concerned and in circumstances in which the attorney requested is able to provide the client with quality legal representation. ``(5) No counsel appointed pursuant to this section to represent a prisoner in State postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly request continued representation. ``(6) The ineffectiveness or incompetence of counsel appointed pursuant to this section during State or Federal postconviction proceedings shall not be a ground for relief in a proceeding arising under section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal postconviction proceedings. ``(7) Upon receipt of notice from the counsel authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual's competency to decline the appointment, and whether the individual has knowingly and intelligently declined it. ``(8) Attorneys appointed pursuant to this section shall be compensated on an hourly basis pursuant to a schedule of hourly rates as periodically established by the counsel authority after consultation with the highest State court with jurisdiction over criminal matters. Appointed counsel shall be reimbursed for expenses reasonably incurred in representing the client, including the costs of law clerks, paralegals, investigators, experts, or other support services. ``(9) Support services for staff attorneys of a defender organization or resource center shall be equal to the services listed in paragraph (8).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 the following: ``2257. Counsel in capital cases; State court.''. SEC. 6. SUCCESSIVE FEDERAL PETITIONS. Section 2244(b) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by inserting ``, in the case of an applicant not under sentence of death,'' after ``When''; and (3) by adding at the end the following: ``(2) In the case of an applicant under sentence of death, a claim presented in a second or successive application, that was not presented in a prior application under this chapter, shall be dismissed unless-- ``(A) the applicant shows that-- ``(i) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application; or ``(ii) the failure to raise the claim in the prior application was due to action by State officials in violation of the Constitution of the United States; and ``(B) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law.''. SEC. 7. CERTIFICATES OF PROBABLE CAUSE. The third paragraph of section 2253, of title 28, United States Code, is amended to read as follows: ``An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. However, an applicant under sentence of death shall have a right of appeal without a certification of probable cause, except after denial of a second or successive application.''. SEC. 8. DUTIES OF THE DISTRICT COURT. Section 2254(a) of title 28, United States Code, is amended by adding at the end the following: ``In adjudicating the merits of any such ground, the court shall exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts and shall not defer to a previous State court judgment regarding a Federal legal standard or its application. Upon request, the court shall permit the parties to present evidence regarding material facts that were not adequately developed in State court. The court shall award relief with respect to any meritorious constitutional ground, unless, in the case of a violation that can be harmless, the respondent shows that the error was harmless beyond a reasonable doubt.''. SEC. 9. CLAIMS OF INNOCENCE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``Sec. 2258. Claims of innocence ``(a) At any time, and notwithstanding any other provision of law, a district court shall issue habeas corpus relief on behalf of an applicant under sentence of death, imposed either in Federal or in State court, who offers credible newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in-- ``(1) an acquittal of the offense for which the death sentence was imposed; or ``(2) a sentence other than death. ``(b) An application filed pursuant to subsection (a) shall offer substantial evidence which, if credible, would establish one of the standards in subsection (a)(1) or (2). An application that fails to do so may be dismissed. ``(c) If the court concludes that an application meets the requirements in subsection (b), the court shall-- ``(1) order the respondent to file an answer; ``(2) permit the parties to conduct reasonable discovery; ``(3) conduct a hearing to resolve disputed issues of fact; and ``(4) upon request, issue a stay of execution pending further proceedings in the district court and on direct review of the district court's judgment. ``(d) If the court concludes that the applicant meets the standards established by subsection (a)(1) or (2), the court shall order his or her release, unless a new trial or, in an appropriate case, a new sentencing proceeding, is conducted within a reasonable time. ``(e) If the court determines that the applicant is currently entitled to pursue other available and effective remedies in either State or Federal court, the court may, at the request of either party, suspend its consideration of the application under this section until the applicant has exhausted those remedies. A stay issued pursuant to subsection (c) shall remain in effect during such a suspension. ``(f) An application under this section may be consolidated with any other pending application under this chapter, filed by the same applicant.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``2258. Claims of innocence.''. SEC. 10. PROCEDURAL DEFAULT IN STATE COURT. Section 2254 of title 28, United States Code, is amended by adding the following: ``(h)(1) A district court shall decline to consider a claim under this section if-- ``(A) the applicant previously failed to raise the claim in State court at the time and in the manner prescribed by State law; the State courts, for that reason, refused or would refuse to entertain the claim; such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the Supreme Court of the United States; and ``(B) the applicant fails to show cause for the failure to raise the claim in State court and prejudice to the applicant's right to fair proceedings or to an accurate outcome resulting from the alleged violation of the Federal right asserted, or that failure to consider the claim would result in a miscarriage of justice. ``(2) The court shall not find cause in any case in which it appears that the applicant or counsel deliberately withheld a claim from the State courts for strategic purposes. An applicant may establish cause by showing that-- ``(A) the factual basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant could have raised the claim in State court; ``(B) the claim relies on a decision of the Supreme Court of the United States, announced after the applicant might have raised the claim in State court; or ``(C) the failure to raise the claim in State court was due to interference by State officials, counsel's ignorance or neglect, or counsel's ineffective assistance in violation of the Constitution.''. HR 4018 RH----2

Summary: Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. (Sec. 3) Specifies requirements for stays of execution in capital cases. (Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. (Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.