SECTION 1. SHORT TITLE. This Act may be cited as the ``National Foundation on Physical Fitness and Sports Establishment Act''. SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. (a) Establishment.--There is established the National Foundation on Physical Fitness and Sports (hereinafter in this Act referred to as the ``Foundation''). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States. (b) Purposes.--The purposes of the Foundation are-- (1) in conjunction with the President's Council on Physical Fitness and Sports, to develop a list and description of programs, events and other activities which would further the goals outlined in Executive Order 12345 and with respect to which combined private and governmental efforts would be beneficial; and (2) to encourage and promote the participation by private organizations in the activities referred to in subsection (b)(1) and to encourage and promote private gifts of money and other property to support those activities. (c) Disposition of Money and Property.--At least annually the Foundation shall transfer, after the deduction of the administrative expenses of the Foundation, the balance of any contributions received for the activities referred to in subsection (b), to the United States Public Health Service Gift Fund pursuant to section 2701 of the Public Health Service Act (42 U.S.C. 300aaa) for expenditure pursuant to the provisions of that section and consistent with the purposes for which the funds were donated. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.--The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the ``Board''), which shall consist of 11 members each of whom shall be a United States citizen and-- (1) 4 of whom must be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports, or the relationship between health status and physical exercise; and (2) 7 of whom must be leaders in the private sector with a strong interest in physical fitness, sports, or the relationship between health status and physical exercise. The membership of the Board, to the extent practicable, shall represent diverse professional specialties relating to the achievement of physical fitness through regular participation in programs of exercise, sports, and similar activities. The Assistant Secretary for Health, the Executive Director of the President's Council on Physical Fitness and Sports, the Director for the National Center for Chronic Disease Prevention and Health Promotion, the Director of the National Heart, Lung, and Blood Institute, and the Director for the Centers for Disease Control and Prevention shall be ex officio, nonvoting members of the Board. Appointment to the Board or its staff shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal employment or other law. (b) Appointments.--Within 90 days from the date of enactment of this Act, the members of the Board will be appointed. Three members of the Board will be appointed by the Secretary (hereinafter referred to in this Act as the ``Secretary''), 2 by the majority leader of the Senate, 1 by the minority leader of the Senate, 1 by the President Pro Tempore of the Senate, 2 by the Speaker of the House of Representatives, 1 by the majority leader of the House of Representatives, 1 by the minority leader of the House of Representatives. (c) Terms.--The members of the Board shall serve for a term of 6 years. A vacancy on the Board shall be filled within 60 days of the vacancy in the same manner in which the original appointment was made and shall be for the balance of the term of the individual who was replaced. No individual may serve more than 2 consecutive terms as a member. (d) Chairman.--The Chairman shall be elected by the Board from its members for a 2-year term and will not be limited in terms or service. (e) Quorum.--A majority of the current membership of the Board shall constitute a quorum for the transaction of business. (f) Meetings.--The Board shall meet at the call of the Chairman at least once a year. If a member misses 3 consecutive regularly scheduled meetings, that member may be removed from the Board and the vacancy filled in accordance with subsection (c). (g) Reimbursement of Expenses.--Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation, subject to the same limitations on reimbursement that are imposed upon employees of Federal agencies. (h) Limitations.--The following limitations apply with respect to the appointment of officers and employees of the Foundation: (1) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. No individual so appointed may receive pay in excess of the annual rate of basic pay in effect for Executive Level V in the Federal service. (2) The first officer or employee appointed by the Board shall be the Secretary of the Board who shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to physical fitness and sports. (3) No Public Health Service employee nor the spouse or dependent relative of such an employee may serve as an officer or member of the Board of Directors or as an employee of the Foundation. (4) Any individual who is an officer, employee, or member of the Board of the Foundation may not (in accordance with the policies developed under subsection (i)) personally or substantially participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect any financial interest of the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act, 1978) of the individual, of any business organization, or other entity, or of which the individual is an officer or employee, is negotiating for employment, or in which the individual has any other financial interest. (i) General Powers.--The Board may complete the organization of the Foundation by-- (1) appointing officers and employees; (2) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provision of this Act; and (3) undertaking such other acts as may be necessary to carry out the provisions of this Act. In establishing bylaws under this subsection, the Board shall provide for policies with regard to financial conflicts of interest and ethical standards for the acceptance, solicitation and disposition of donations and grants to the Foundation. SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) In General.--The Foundation-- (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States; (3) shall have its principal offices in or near the District of Columbia; and (4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (b) Seal.--The Foundation shall have an official seal selected by the Board which shall be judicially noticed. (c) Powers.--To carry out its purposes under section 2, and subject to the specific provisions thereof, the Foundation shall have the usual powers of a corporation acting as a trustee in the District of Columbia, including the power-- (1) except as otherwise provided herein, to accept, receive, solicit, hold, administer and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (2) to acquire by purchase or exchange any real or personal property or interest therein; (3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (4) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except for gross negligence; (5) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and (6) to do any and all acts necessary and proper to carry out the purposes of the Foundation. For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES. (a) Protection.--Without the consent of the Foundation in conjunction with the President's Council on Physical Fitness and Sports, any person who uses for the purpose of trade, uses to induce the sale of any goods or services, or uses to promote any theatrical exhibition, athletic performance or competition-- (1) the official seal of the President's Council on Physical Fitness and Sports consisting of the eagle holding an olive branch and arrows with shield breast encircled by name ``President's Council on Physical Fitness and Sports'' and consisting, depending upon placement, of diagonal stripes; (2) the official seal of the Foundation; or (3) any trademark, trade name, sign, symbol, or insignia falsely representing association with or authorization by the President's Council on Physical Fitness and Sports or the Foundation; shall be subject in a civil action by the Foundation for the remedies provided in the Act of July 9, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946). (b) Uses.--The Foundation, in conjunction with the President's Council on Physical Fitness and Sports, may authorize contributors and suppliers of goods or services to use the trade name or the President's Council on Physical Fitness and Sports and the Foundation as well as any trademark, seal, symbol, insignia, or emblem of the President's Council on Physical Fitness and Sports or the Foundation in advertising that the contributors, goods, or services when donated, supplied, or furnished to or for the use of, or approved, selected, or used by the President's Council on Physical Fitness and Sports or the Foundation. SEC. 6. VOLUNTEER STATUS. The Foundation may accept, without regard to the civil service classification laws, rules, or regulations, the services of volunteers in the performance of the functions authorized herein, in the manner provided for under section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)). SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. (a) Audits.--For purposes of the Act entitled ``An Act for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103) the Foundation shall be treated as a private corporation under Federal law. The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall have access to the financial and other records of the Foundation, upon reasonable notice. (b) Report.--The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Secretary of Health and Human Services and to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments. (c) Relief With Respect to Certain Foundation Acts or Failure To Act.--If the Foundation-- (1) engages in, or threatens to engage in, any act, practice or policy that is inconsistent with its purposes set forth in section 2(b); or (2) refuses, fails, or neglects to discharge its obligations under this Act, or threaten to do so; the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. For fiscal year 2011, there are authorized to be appropriated such sums as may be necessary, to be made available to the Foundation for organizational costs.

Summary: National Foundation on Physical Fitness and Sports Establishment Act - Establishes the National Foundation on Physical Fitness and Sports as a charitable, nonprofit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports. Subjects any person who uses the Council's or Foundation's official seal or any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Council or Foundation for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition without the Foundation's consent to a civil action for remedies provided in the Trademark Act of 1946. Allows the Foundation, in conjunction with the Council, to authorize contributors and suppliers of goods or services to use such trade name, trademark, seal, symbol, insignia, or emblem in advertising under specified conditions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Climate Service Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Weather, climate change, and climate variability affect public safety, environmental services and security, human health, agriculture, energy use, water resources, and other factors vital to national security and human welfare. (2) Climate forecasts create opportunities for society to prepare, potentially reducing the costs of climate-related events, as well as serving national needs related to enhancing economic growth, managing risk, protecting life and property, and promoting environmental stewardship. (3) Information on predicted climate and climate impacts is not being fully disseminated or used well, despite the increasing predictability of climate. (4) The United States lacks adequate research, infrastructure, and coordinated outreach and communication mechanisms to meet national climate monitoring, prediction, and decision support needs for adapting to and mitigating the impacts of climate change and climate variability. (5) Increasing societal resilience to climate impacts requires understanding climate trends and variations as well as possible, understanding the impacts of climate on human and nonhuman systems, providing decision-relevant tools based on that information, and increasing society's capacity to act on that information. SEC. 3. PURPOSE. It is the purpose of this Act to establish a National Climate Service that will assist the Nation and the world in understanding, anticipating, and responding to climate, climate change, and climate variability and their impacts and implications. The Service shall inform the public through the sustained production and delivery of authoritative, timely, useful information about impacts on local, State, regional, tribal, national, and global scales. The Service shall be user-centric, by ensuring that the information is accessible, consistent with users' ability to respond, and based on user needs and limitations. The Service shall provide such usable information through a sustained network of observations, modeling, and research activities. SEC. 4. NATIONAL CLIMATE SERVICE. (a) Establishment.-- (1) In general.--The Secretary of Commerce shall establish within the Climate Program Office of the National Oceanic and Atmospheric Administration a National Climate Service (in this Act referred to as the ``Service'') not later than one year after the date of enactment of this Act. The Service shall include a national center and a network of regional and local facilities for operational climate observation, modeling, and research. (2) General purpose.--The Service shall inform the public through the sustained production and delivery of authoritative, timely, useful information about impacts on local, State, regional, tribal, national, and global scales. (3) Specific services.--The Service, at minimum, shall-- (A) serve as a clearinghouse and technical access point to stakeholders for regionally and nationally relevant information on climate, climate impacts, and adaptation, developing comprehensive databases of information relevant to specific regional and national stakeholder needs; (B) provide education on climate impacts, vulnerabilities, and application of climate information in decisionmaking; (C) design decision-support tools that facilitate use of climate information in stakeholders' near-term operations and long-term planning (D) facilitate user access to climate and climate impacts experts for technical assistance in use of climate information and to inform the climate forecast community of their information needs; (E) provide researcher, modeler, and observations experts access to users to help guide direction of research, modeling, and observation activities; and (F) propose and evaluate adaptation strategies for climate variability and change. (4) Specific functions.--The Service, at minimum, shall-- (A) integrate global, national, and regional observations to produce information and assessments of use to stakeholders and researchers; (B) develop climate models for decision support; (C) perform basic and applied research on climate dynamics and impacts relevant to stakeholder interests; (D) create and maintain an operational delivery system and facilitate transition of new climate applications products to Service member agencies; (E) establish an atmospheric monitoring and verification program utilizing aircraft, satellite, ground sensors, ocean and coastal observing systems, and modeling capabilities to monitor, measure, and verify greenhouse gas concentrations and emissions throughout the global oceans and atmosphere; (F) develop and maintain a dialog among research teams, Federal agencies, and stakeholders for developing information relevant for planning and decisionmaking; (G) identify climate-related vulnerabilities and build national capacity to increase resilience; (H) articulate regional and national climate issues and concerns in regional and national policy arenas and facilitate regional-national communications on Service needs and performance; and (I) outreach to stakeholder groups. (b) Action Plan.--Within 1 year after the date of enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a plan of action for the National Climate Service. The plan, at a minimum, shall-- (1) provide for the interpretation and communication of climate data, conditions, predictions, projections, and risks on an ongoing basis to decision and policy makers at the local, regional, and national levels; (2) design, deploy, and operate a national climate observing system that closes gaps in existing coverage; (3) support infrastructure and ability to archive and ensure the quality of climate data, and make federally funded model simulations and other relevant climate information available from Global Change Research Program activities and other sources (and related data from paleoclimate studies); (4) include a program for long-term stewardship, quality control, development of relevant climate products, and efficient access to all relevant climate data, products, and model simulations; (5) establish a national coordinated modeling strategy, including a national climate modeling center to provide a dedicated capability for modeling and forecasting scenarios, and a regular schedule of projections on long-term and short- term time horizons over a range of scales, including regional scales; (6) improve integrated modeling, assessment, and predictive capabilities needed to document and forecast climate changes and impacts, and to guide national, regional, and local planning and decisionmaking; (7) provide a system of regular consultation and coordination with Federal agencies, States, tribes, nongovernmental organizations, the private sector, and the academic community to ensure-- (A) that the information requirements of these groups are well incorporated; and (B) timely and full sharing, dissemination and use of climate information and services in risk preparedness, planning, decisionmaking, and early warning and natural resources management, both domestically and internationally; (8) develop standards, evaluation criteria, and performance objectives to ensure that the Service meets the evolving information needs of the public, policy makers, and decisionmakers in the face of a changing climate; (9) develop funding estimates to implement the plan; and (10) support competitive research programs that will improve elements of the Service described in this Act through the Climate Program Office within the Service headquarter function. (c) Director.--The Administrator shall appoint a Director of the Service, who shall oversee all processes associated with managing the organization and executing the functions and actions described in this Act. (d) National Climate Service Advisory Council.--The Administrator shall, in consultation with the Chairmen and ranking minority members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives, and the National Academy of Sciences, appoint the membership of a National Climate Service Advisory Council, with members serving 4-year terms, that shall include a diverse membership from appropriate Federal, State, and local government, universities, and nongovernment and private sectors who use climate information and cover a range of sectors, such as water, drought, fisheries, coasts, agriculture, health, natural resources, transportation, and insurance. The Council shall advise the Director of the Service of key priorities in climate-related issues that require the attention of the Service. The Council shall be responsible for promoting coordination across regional, national, and international concerns and the assessment of evolving information needs. SEC. 5. CONTRACT AND GRANT AUTHORITY. Functions vested in any Federal officer or agency by this Act or under the program established under this Act may be exercised through the facilities and personnel of the agency involved or, to the extent provided or approved in advance in appropriation Acts, by other persons or entities under contracts or grant arrangements entered into by such officer or agency. SEC. 6. ANNUAL REPORT. The Secretary of Commerce shall prepare and submit to the President and the Congress, not later than March 31 of each year, a report on the activities conducted pursuant to this Act during the preceding fiscal year, including-- (1) a summary of the achievements of the National Climate Service during the previous fiscal year; and (2) an analysis of the progress made toward achieving the goals and objectives of the Service. SEC. 7. DEFINITIONS. (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Advisory council.--The term ``Advisory Council'' refers to the National Climate Service Advisor Council. (3) Climate change.--The term ``climate change'' means any change in climate over time, whether due to natural variability or as a result of human activity. (4) Director.--The term ``Director'' means the director of the National Oceanic and Atmospheric Administration's National Climate Service. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Service.--The term ``Service'' means the National Oceanic and Atmospheric Administration's National Climate Service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $300,000,000 for fiscal year 2011. (2) $350,000,000 for fiscal year 2012. (3) $400,000,000 for fiscal year 2013. (4) $450,000,000 for fiscal year 2014. (5) $500,000,000 for fiscal year 2015.

Summary: National Climate Service Act of 2009 - Requires the Secretary of Commerce to establish within the Climate Program Office of the National Oceanic and Atmospheric Administration (NOAA) a National Climate Service that includes a national center and a network of regional and local facilities for operational climate observation, modeling, and research. Requires the Service to: (1) inform the public about climate impacts; (2) serve as a clearinghouse and technical access point to stakeholders for information on climate, climate impacts, and adaptation, and relevant comprehensive databases of information; (3) provide education on climate impacts, vulnerabilities, and application of climate information in decisionmaking; (4) design decision-support tools that facilitate use of climate information in stakeholders' near-term operations and long-term planning; (5) facilitate user access to climate experts for technical assistance in the use of climate information and to inform the climate forecast community of their information needs; (6) provide researcher, modeler, and observations experts access to users to help guide direction of their activities; and (7) propose and evaluate adaptation strategies for climate variability and change. Sets forth the Service's functions, including establishing an atmospheric monitoring and verification program utilizing aircraft, satellite, ground sensors, ocean and coastal observing systems, and modeling capabilities to monitor, measure, and verify greenhouse gas concentrations and emissions throughout the oceans and atmosphere. Requires the Secretary to report to specified congressional committees on a plan of action for the Service. Requires the Administrator of NOAA to appoint a Director of the Service. Requires the Director to appoint members of a National Climate Service Advisory Council to promote coordination across regional, national, and international concerns and assess information needs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Biotechnology Future Investment Expansion Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) American bioscience research corporations conduct long- term research and development on breakthrough medical technologies. This commercial bioscience research industry forms an irreplaceable link between pure scientific discovery and the development of powerful biomedical products and technologies. It is critical to the maintenance of American competitiveness internationally that these long-term research and development projects be encouraged. (2) Such long-term research projects have the greatest potential to revolutionize whole fields of science and industry for the benefit of the standard of living of Americans; and to yield solutions for critical social needs, even though these solutions might not result in large sales and profits (such as ``orphan'' drugs and other treatments alleviating great suffering in their recipients). (3) Long-term biomedical research companies are among the most research-intensive and capital-intensive companies in the world. (4) In addition to the scientific and technical risks attending their long-term research programs, many biomedical research companies must subject their technologies to lengthy and expensive regulatory reviews before they are permitted access to the marketplace. (5) Biomedical research companies typically operate in financially challenging circumstances. These companies must engage in intensive research activity for many years in order to develop their products and earn profits. Many are small businesses lacking the internal cash flow, stability and borrowing capacity of large corporations. (6) The long-term commercial bioscience research industry is heavily dependent on outside sources of equity capital to fund lengthy and intensive research prior to earning any revenues. The industry's long lead times and high levels of scientific and regulatory risk often impede access to capital. (7) The longstanding national policy of Government support and tax incentives for breakthrough commercial research reflects a recognition that the capital marketplace tends to allocate insufficient resources to sustain the Nation's need for such foundational scientific research and development. (8) American long-term bioscience research companies constitute one of the core commercial sectors which Congress intended to benefit from existing tax incentives for commercial research. (9) However, the current Federal income tax incentives are simply not working in the case of many bioscience companies focused on breakthrough medical technologies. (10) Current Federal income tax incentives do not work as intended for most high technology bioscience companies because they typically incur net operating losses for a decade or more during their lengthy research and development phases and therefore receive no contemporaneous benefit from these tax incentives. (11) Further, Federal tax rules aimed chiefly at preventing corporate loss trafficking and tax-motivated mergers and acquisitions penalize these companies. The very process of raising successive increments of private capital through routine equity financings triggers these rules and subjects biomedical research companies to severe limitations on net operating loss and tax credit carryforwards. These limitations practically eliminate for the commercial bioscience industry any economic benefit from these tax incentives. (12) These tax incentives instead tend to favor investment by large, profitable companies, often engaged in secondary or tertiary research activities, and thus to discriminate against and to cause under-investment in longer-term breakthrough technologies, a bias which is harmful to American competitiveness. (13) The inability to benefit from existing Federal income tax incentives for commercial research places long-term bioscience research companies at a substantial disadvantage in the capital marketplace where they must compete with other companies able to use these tax incentives currently. (14) A tax system that does not discriminate would ensure that existing tax incentives in favor of research and experimentation have the same cost-reducing impact on companies conducting both short-term and long-term research and thus render this tax incentive program neutral with regard to short- term and long-term research objectives, minimizing capital marketplace distortions caused by differences in tax and income status. (b) Purpose.--The purpose of this Act is to provide that long-term biomedical research corporations will not incur limitations on research-related tax incentive carryforwards simply because they engage in the routine equity financings that are the financial lifeblood of the industry. SEC. 3. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH AND CLINICAL TRIALS. (a) In General.--Subsection (l) of section 382 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Certain financing transactions of biomedical research corporations.-- ``(A) General rule.--In the case of a biomedical research corporation, any owner shift involving a 5- percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated for purposes of this section (other than this paragraph) as occurring before the testing period. ``(B) Biomedical research corporation.--For purposes of this paragraph, the term `biomedical research corporation' means, with respect to any qualified investment, any domestic corporation subject to tax under this subchapter which is not in bankruptcy and which, as of the time of the closing on such investment-- ``(i) holds the rights to a drug or biologic for which an investigational new drug application is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act, and ``(ii) certifies that, as of the time of such closing, the drug or biologic is under study in phase II or phase III of a clinical investigation carried out under such section. ``(C) Qualified investment.--For purposes of this paragraph, the term `qualified investment' means any acquisition of stock in a biomedical research corporation if such stock is acquired at its original issue (directly or through an underwriter), solely in exchange for cash, and the closing thereon occurs after the date of the enactment of this paragraph. ``(D) Stock issued in exchange for convertible debt.--For purposes of this paragraph, stock issued by a biomedical research corporation in exchange for its convertible debt (or stock deemed under this section to be so issued) shall be treated as stock acquired by the debt holder at its original issue and solely in exchange for cash if the debt holder previously acquired the convertible debt at its original issue and solely in exchange for cash. In the case of an acquisition of stock in exchange for convertible debt, the requirements of this paragraph shall be applied separately as of the time of closing on the investment in convertible debt, and as of the time of actual conversion (or deemed conversion under this section) of the convertible debt for stock, except that the requirements of subparagraph (H) shall be applied only as of the time of closing on the issuance of the convertible debt. ``(E) Biomedical research corporation must meet 5- year expenditure test with respect to any qualified investment.-- ``(i) In general.--This paragraph shall not apply to a qualified investment in a biomedical research corporation unless such corporation meets the expenditure test for each year of the measuring period. ``(ii) Measuring period.--For purposes of this subparagraph, the term `measuring period' means, with respect to any qualified investment, the taxable year of the biomedical research corporation in which the closing on the investment occurs, the 2 preceding taxable years, and the 2 subsequent taxable years. ``(iii) Clinical testing.--For purposes of this subparagraph, the term `clinical testing' means any human clinical testing which is carried out under any investigational new drug application in effect under section 505 of the Federal Food, Drug, and Cosmetic Act. ``(F) Effect of corporate redemptions on qualified investments.--Rules similar to the rules of section 1202(c)(3) shall apply to qualified investments under this paragraph except that `stock acquired in a qualified investment' shall be substituted for `qualified small business stock' each place it appears therein. ``(G) Effect of other transactions between biomedical research corporations and investors making qualified investments.-- ``(i) In general.--If, during the 2-year period beginning 1 year before any qualified investment, the biomedical research corporation engages in another transaction with a member of its qualified investment group and such biomedical research corporation receives any consideration other than cash in such transaction, there shall be a presumption that stock received in the otherwise qualified investment transaction was not received solely in exchange for cash. ``(ii) Qualified investment group.--For purposes of this subparagraph, the term `qualified investment group' means, with respect to any qualified investment, one or more persons who receive stock issued in exchange for the qualified investment, and any person related to such persons within the meaning of section 267(b) or section 707(b). ``(iii) Regulations.--The Secretary shall promulgate regulations exempting from this subparagraph transactions which are customary in the bioscience research industry and are of minor value relative to the amount of the qualified investment. ``(H) Proceeds of qualified investments shall be devoted to research on preexisting technology.-- ``(i) In general.--This paragraph shall not apply to any qualified investment unless the net proceeds of such qualified investment do not exceed the excess of-- ``(I) the sum of the biomedical research corporation's aggregate qualifying clinical expenditures for the 3 years following the qualified investment, over ``(II) three times the corporation's qualifying clinical expenditures for the year preceding the qualified investment, plus the amount of the corporation's cash and cash equivalents immediately before the closing on the qualified investment. ``(ii) Qualifying clinical expenditures.-- For purposes of this subparagraph, the term `qualifying clinical expenditures' means amounts described in section 41(b) which are paid or incurred by a biomedical research corporation for clinical testing in connection with a drug or biologic for which an investigational new drug application is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act and which is (at the time of the closing on the qualified investment) under study in phase II or phase III of a clinical investigation carried out under such section. ``(I) Regulations.--The Secretary may issue such regulations as may be appropriate to achieve the purposes of this paragraph, to prevent abuse, and to provide for treatment of biomedical research corporations under sections 383 and 384 that is consistent with the purposes of this paragraph.''. (b) Proceeds of Equity Investments To Be Treated as Working Capital.--Subparagraph (C) of section 382(l)(4) of such Code is amended by adding at the end the following: ``Such term shall not include any assets reasonably expected to be used within 3 years to fund qualifying clinical expenditures (as defined in paragraph (9)(H)(ii) without regard to the parenthetical therein).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Summary: Biotechnology Future Investment Expansion Act of 2003 - Amends the Internal Revenue Code to provide that in the case of a biomedical research corporation, any owner shift involving a five-percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated as occurring before the testing period. (Thus not counting toward net operating loss and tax credit carryover limitations.) Defines: (1) "biomedical research corporation" as a domestic corporation not in bankruptcy which has a drug or biologic in certain clinical trials; and (2) "qualified investment" as a stock acquisition in a biomedical research corporation acquired in cash at its original issue. Requires a biomedical research corporation to meet a five-year expenditure test with respect to any qualified investment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Counseling in Shelters Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nearly \1/3\ of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Fifty-six percent of women who experience any partner violence are diagnosed with a psychiatric disorder. Twenty-nine percent of all women who attempt suicide were battered, 37 percent of battered women have symptoms of depression, 46 percent have symptoms of anxiety disorder, and 45 percent experience post-traumatic stress disorder. (3) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence toward peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (4) Each year, at least 6 percent of all pregnant women, equal to about 240,000 pregnant women, are battered by the men in their lives. (5) Complications of pregnancy, including low weight gain, anemia, and first and second trimester bleeding are significantly higher for abused women, as are maternal rates of depression, suicide attempts, tobacco, alcohol, and illicit drug use. (6) A major domestic violence program in St. Petersburg, Florida, reports that 70 percent of the families that come to their shelter have substance abuse in their family--either the woman, her children, or her batterer. One study of a low-income Chicago neighborhood found that 42 percent of women experiencing severe abuse in the past 12 months reported depression. SEC. 3. SHELTER GRANTS. (a) Grants Authorized.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Assistant Secretary for the Administration on Children, Youth, and Families, shall make grants to eligible entities for the purpose of providing on site mental health and substance abuse counseling and referral services. (2) Eligible entity defined.--In this section the term ``eligible entity'' means a public or nonprofit private domestic or sexual violence program or other community-based entity including an Indian tribe or tribal organization that primarily serves victims of domestic violence. (3) Duration of awards.--The Secretary shall award grants under this section for a period not to exceed 5 years. Such grants may be renewed. (b) Use of Funds.--An entity awarded a grant pursuant to subsection (a) shall-- (1) hire licensed professionals to provide on site mental health and substance abuse counseling to women and children who have been subjected to domestic or sexual violence; (2) hire dedicated staff qualified to coordinate the mental health and substance abuse services for victims of domestic and sexual violence and their children including linking them with more comprehensive treatment programs in their local communities; and (3) provide training in the dynamics of domestic violence and sexual assault, including safety risk, potential lethality, and appropriate interventions, to those mental health and substance abuse professionals hired to provide services to these women and their children. (c) Application.-- (1) In general.--Each eligible entity that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall contain a plan for the rigorous evaluation of the activities funded under this section, including process and outcome evaluation, and the submission of an evaluation at the end of the project period. (d) Grantmaking Considerations.-- The Secretary, in awarding grants under this section shall-- (1) ensure that such grants are distributed equitably among the regions of the country and among urban and rural areas; and (2) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. (e) Technical Assistance.--The Secretary, acting through the Assistant Secretary for the Administration on Children, Youth, and Families, shall provide technical assistance to grant recipients with respect to the implementation of programs to provide on site mental health and substance abuse counseling and referral services. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.

Summary: Counseling in Shelters Act of 2002 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for the Administration on Children, Youth, and Families, to make grants for up to five years to eligible community-based entities to provide on-site mental health and substance abuse counseling and referral services for victims of domestic or sexual violence. Permits grant funds to be used for hiring professionals and staff and providing training in the dynamics of domestic violence and sexual assault.Requires the Secretary, in awarding such grants, to: (1) ensure equitable geographic and urban/rural distribution; (2) give preference to entities with high levels of cultural competence and strong ties to minority communities; and (3) provide technical assistance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Aggregate Risk and Revenue Management Act of 2011'' or the ``ARRM Act of 2011''. SEC. 2. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM. Section 1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715) is amended to read as follows: ``SEC. 1105. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM. ``(a) Definitions.--In this section: ``(1) Alternative price.--The term `alternative price' means an average of the price for each of the immediately preceding 4 years, as determined by the National Agricultural Statistics Service, for each crop for which the harvest price is unavailable. ``(2) ARRM.--The term `ARRM' means the aggregate risk and revenue management program established under this section. ``(3) CRD.--The term `CRD' means a crop reporting district, as determined by the National Agricultural Statistics Service. ``(4) Harvest price.--The term `harvest price' means the harvest price determined by the Risk Management Agency. ``(b) Availability and Election of Alternative Approach.-- ``(1) Availability of aggregate risk and revenue management payments.--With respect to all covered commodities and peanuts on a farm, during each of the 2013 through 2017 crop years, the Secretary shall give the operator, tenant, or sharecropper, as appropriate, on the farm an opportunity to make an annual election for all producers on the farm to receive aggregate risk and revenue management payments under this section for the crop year for which the election is made. ``(2) Limitations.-- ``(A) In general.--The total number of planted acres for which the producers on a farm may receive ARRM payments under this section shall be equal to the total number of acres planted to all covered commodities and peanuts on the farm. ``(B) Native sod.-- ``(i) In general.--Native sod (as defined in section 508(o)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)(1))) acreage that is tilled for the purpose of producing an annual crop after the date of enactment of the ARRM Act of 2011 shall not be considered acreage planted to the covered commodity or peanuts for harvest on a farm in a crop year for purposes of making ARRM payments under this section during the first 5 crop years of planting. ``(ii) Requirement.--Ineligibility under clause (i) shall only apply to the actual acreage of native sod that was converted to crop production. ``(3) Election; time for election.-- ``(A) In general.--The Secretary shall provide notice to the operators, tenants, or sharecroppers, as appropriate regarding the opportunity to make each of the elections described in paragraph (1). ``(B) Notice requirements.--The notice shall include-- ``(i) notice of the opportunity of the operator, tenant, or sharecropper, as appropriate, on a farm to make the election; and ``(ii) information regarding the manner in which the election must be made and the time periods and manner in which notice of the election must be submitted to the Secretary. ``(4) Election deadline.--Within the time period and in the manner prescribed pursuant to paragraph (3), the operator, tenant, or sharecropper, as appropriate, on a farm shall submit to the Secretary notice of an election made under paragraph (1). ``(5) Effect of failure to make election.--If the operators, tenants, or sharecroppers, as appropriate, on a farm fail to make an election under paragraph (1) or fail to timely notify the Secretary of the election made, as required by paragraph (4), all of the producers on the farm shall be deemed to not have made the election described in paragraph (1), for the applicable crop years. ``(c) Payments Required.-- ``(1) In general.--In the case of producers on a farm who make an election under subsection (b) to receive ARRM payments for any of the 2013 through 2017 crop years for all covered commodities and peanuts, the Secretary shall make ARRM payments available to the producers on a farm in accordance with this subsection. ``(2) ARRM payment.-- ``(A) In general.--Subject to paragraph (3), in the case of producers on a farm described in paragraph (1), the Secretary shall make ARRM payments available to the producers on a farm for each crop year if-- ``(i) the actual CRD revenue for the crop year for the covered commodity or peanuts in the CRD determined under subsection (e); is less than ``(ii) the ARRM program guarantee for the crop year for the covered commodity or peanuts in the CRD determined under subsection (d). ``(B) Individual loss.--The Secretary shall make ARRM payments available to the producers on a farm in a CRD for a crop year only if (as determined by the Secretary)-- ``(i) the actual farm revenue for the crop year for the covered commodity or peanuts, as determined under subsection (g); is less than ``(ii) the farm ARRM revenue guarantee for the crop year for the covered commodity or peanuts, as determined under subsection (f). ``(3) Time for payments.--In the case of each of the 2013 through 2017 crop years, the Secretary shall make ARRM payments beginning October 1, or as soon as practicable thereafter, after the date of determination of the harvest price for the covered commodity or peanuts. ``(d) ARRM Program Guarantee.-- ``(1) CRD amount.-- ``(A) In general.--For purposes of subsection (c)(2)(A) and subject to subparagraphs (B) and (C), the ARRM program guarantee for a crop year for a covered commodity or peanuts in a CRD shall equal 90 percent of the CRD average revenue, as determined under subparagraph (B). ``(B) CRD average revenue.--For purposes of subparagraph (A), the CRD average revenue shall be the average during the marketing years for the immediately preceding 5 crops of a covered commodity and peanuts, excluding the year in which the CRD revenue was the highest and the year in which the CRD revenue was the lowest in the period, of the product obtained by multiplying-- ``(i) the CRD yield for the covered commodity or peanuts in a CRD determined under paragraph (2); and ``(ii) the harvest price or alternative price for the covered commodity or peanuts. ``(C) Minimum and maximum guarantee.--The ARRM program guarantee for a crop year for a covered commodity or peanuts under subparagraph (A) shall not decrease or increase more than 10 percent from the guarantee for the preceding crop year. ``(D) Double-cropped acreage.--Any crop subsequently planted on land determined for purposes of the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to be prevented planted acreage shall not be included in calculating the ARRM program guarantee under subparagraph (A) or the actual farm revenue under subsection (g) unless the farm has a history of double- cropping and is located in a region in which double- cropping is an acceptable farming practice, as determined by the Secretary. ``(2) Assigned crd yield.--If the Secretary cannot establish the CRD yield for each planted acre for a crop year for a covered commodity or peanuts in a CRD in accordance with subparagraph (A) or if the yield determined under subparagraph (A) is an unrepresentative average yield for the CRD (as determined by the Secretary), the Secretary shall assign a CRD yield for each planted acre for the crop year for the covered commodity or peanuts in the CRD on the basis of-- ``(A) previous average yields for a period of 5 crop years, excluding each of the crop years with the highest and lowest yields; or ``(B) CRD yields for planted acres for the crop year for the covered commodity or peanuts in similar CRDs. ``(3) CRDs with irrigated and nonirrigated land.--In the case of a CRD in which at least 25 percent of the acreage planted to a covered commodity or peanuts in the CRD is irrigated and at least 25 percent of the acreage planted to the covered commodity or peanuts in the CRD is not irrigated, the Secretary shall calculate a separate ARRM program guarantee for the irrigated and nonirrigated areas of the CRD for the covered commodity or peanuts. ``(e) Actual CRD Revenue.-- ``(1) In general.--For purposes of subsection (c)(2)(A), the amount of the actual CRD revenue for a crop year of a covered commodity or peanuts shall equal the product obtained by multiplying-- ``(A) the actual CRD yield for each planted acre for the crop year for the covered commodity or peanuts determined under paragraph (2); and ``(B) the national average harvest price or alternative price received by producers for the crop year for the covered commodity or peanuts as determined by the Risk Management Agency. ``(2) Actual crd yield.--For purposes of paragraph (1)(A), the actual CRD yield for each planted acre for a crop year for a covered commodity or peanuts in a CRD shall equal (as determined by the Secretary)-- ``(A) the quantity of the covered commodity or peanuts that is produced in the CRD during the crop year; divided by ``(B) the number of acres that are planted to the covered commodity or peanuts in the CRD during the crop year. ``(f) Farm ARRM Revenue Guarantee.-- ``(1) In general.--For purposes of subsection (c)(2)(B), the farm ARRM revenue guarantee for the crop year for a covered commodity or peanuts shall equal 90 percent of the average farm revenue as determined under paragraph (2). ``(2) Average farm revenue.--The average farm revenue shall be equal to the sum obtained by adding-- ``(A) the average during the marketing years for the immediately preceding 5 crops of a covered commodity and peanuts, excluding the year in which the farm revenue was the highest and the year in which the farm revenue was the lowest in the period, of the product obtained by multiplying-- ``(i) the actual production history, as determined using production records and data of the Risk Management Agency; and ``(ii) the harvest price or alternative price for the covered commodity or peanuts in a CRD; and ``(B) the amount of the per acre crop insurance premium required to be paid by the producers on the farm for the applicable crop year for the covered commodity or peanuts on the farm. ``(g) Actual Farm Revenue.--For purposes of subsection (c)(2)(B) and except as provided in subsection (d)(1)(C), the amount of the actual farm revenue for a crop year for a covered commodity or peanuts shall equal the amount determined by multiplying-- ``(1) the actual yield for the covered commodity or peanuts of the producers on the farm; and ``(2) the national average harvest price or alternative price for the crop year for the covered commodity or peanuts. ``(h) Payment Amount.--If ARRM payments are required to be paid for any of the 2013 through 2017 crop years of a covered commodity or peanuts under this section, the amount of the ARRM payment to be paid to the producers on the farm for the crop year under this section shall be equal to the product obtained by multiplying-- ``(1) the lesser of-- ``(A) the difference between-- ``(i) the ARRM program guarantee for the crop year for the covered commodity or peanuts in the CRD determined under subsection (d); and ``(ii) the actual CRD revenue from the crop year for the covered commodity or peanuts in the CRD determined under subsection (e); and ``(B) 15 percent of the ARRM program guarantee for the crop year for the covered commodity or peanuts in the CRD determined under subsection (d); ``(2) 85 percent of the acreage planted to the covered commodity or peanuts for harvest on the farm in the crop year; and ``(3) the quotient obtained by dividing-- ``(A) the actual production history for the covered commodity or peanuts of the producers on the farm, as determined using production records and data of the Risk Management Agency; and ``(B) the assigned CRD yield for each planted acre for the crop year for the covered commodity or peanuts in a CRD, as determined under subsection (d)(2). ``(i) Crop Reporting District Assessment.--The Secretary shall review CRDs in western States that have 7 or fewer CRDs to assess whether additional CRDs in the States are necessary.''. SEC. 3. CONFORMING AMENDMENTS. (a) Repeal of Direct and Counter-Cyclical Payments for Covered Commodities and Peanuts.-- (1) In general.--Sections 1103, 1104, 1303, and 1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8714, 8753, 8754) are repealed. (2) Application.--The amendments made by paragraph (1) apply beginning with the 2013 crop year. (b) Period of Effectiveness.--Section 1109 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8719) is amended by striking ``2012'' and inserting ``2017''. (c) Suspension of Permanent Price Support Authority.--Section 1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) is amended-- (1) by striking ``through 2012'' each place it appears and inserting ``through 2017''; and (2) by striking ``December 31, 2012'' each place it appears and inserting ``December 31, 2017''. (d) Technical Amendments.-- (1) Section 1001 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702) is amended by striking paragraph (1) and inserting the following: ``(1) Aggregate risk and revenue management payment.--The term `aggregate risk and revenue management payment' means a payment made to producers on a farm under section 1105.'' (2) Section 1101(d)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(d)(1)) is amended by striking ``average crop revenue election'' and inserting ``aggregate risk and revenue management''. (3) Section 1106 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8716) is amended by striking ``average crop revenue election'' each place it appears in subsections (a)(1), (b), and (e) and inserting ``aggregate risk and revenue management''. (4) Section 1302(d)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8752(d)(1)) is amended by striking ``average crop revenue election'' and inserting ``aggregate risk and revenue management''. (5) Section 1305 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8755) is amended by striking ``average crop revenue election'' each place it appears in subsections (a)(1), (b), and (e) and inserting ``aggregate risk and revenue management''. (6) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended-- (A) by striking ``ACRE'' each place it appears in the headings of subsections (b) and (c) and inserting ``ARRM''; (B) by striking ``ACRE'' each place it appears in the headings of paragraph (3) of subsections (b) and (c) and inserting ``ARRM''; and (C) by striking ``average crop revenue election'' each place it appears in subsections (b) and (c) and inserting ``aggregate risk and revenue management''. (7) Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) is amended-- (A) in subsection (b)(C)(i), by striking ``average crop revenue election'' and inserting ``aggregate risk and revenue management''; and (B) in subsection (f), by striking ``2012'' and inserting ``2017''.

Summary: Aggregate Risk and Revenue Management Act of 2011 or the ARRM Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), regarding all covered commodities and peanuts during each of the 2013-2017 crop years, to give the operator, tenant, or sharecropper on a farm an opportunity to make an annual election for all producers on the farm to receive aggregate risk and revenue management payments for the crop year for which the election is made. (Replaces the average crop revenue election program with the ARRM program.) Repeals the direct and counter-cyclical payment programs for covered commodities and peanuts beginning with the 2013 crop year. Suspends permanent price support authority through December 31, 2017.


SECTION 1. CRIMINAL AND CIVIL FORFEITURE FOR MAIL AND WIRE FRAUD. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following new sections: ``Sec. 1347. Criminal forfeiture for violation of section 1341 or 1343 ``(a) In General.--A person convicted of a violation of sections 1341 or 1343 of this title shall, notwithstanding any provision of State law, forfeit to the United States any property constituting or derived from any proceeds which the person obtained directly or indirectly from a scheme in violation of either section. ``(b) Procedures of Controlled Substances Act Applicable.--With respect to a forfeiture under this section for a violation of this chapter, the provisions of subsections (b), (c), (e), (f), (g), (i), (k), (l), (m), (n), and (o) of section 413 of the Controlled Substances Act apply as they would to a forfeiture under that section for a violation of the Controlled Substances Act. ``(c) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General shall dispose of the property under section 1349 of this title. The Postal Service shall turn any such seized property over to the Attorney General for disposal under such section. ``(d) Substitute Assets.--If any of the property subject to forfeiture under this section, as a result of conduct of the defendant-- ``(1) cannot be located upon the exercise of due diligence; ``(2) has been transferred or sold to, or deposited with, a third party; ``(3) has been placed beyond the jurisdiction of the court; ``(4) has been substantially diminished in value; or ``(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5) of this subsection. ``Sec. 1348. Civil forfeiture for violation of section 1341 or 1343 ``(a) Property Subject to Civil Forfeiture.--Any property, as defined by subsection (b) of section 413 of the Controlled Substances Act, constituting or derived from any proceeds of a scheme in violation of sections 1341 or 1343 of this title shall be subject to forfeiture to the United States. ``(b) Seizure.--(1) Except as provided in paragraph (4), any property subject to forfeiture to the United States under this section may be seized by the Attorney General or the Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a district court of the United States having jurisdiction over the property. ``(2) The Attorney General or the Postal Service may seize such property without such process when-- ``(A) the seizure is incident to a lawful arrest or search; or ``(B) such property has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture proceeding under section 1347 of this title. ``(3) The Government may seek the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. ``(4) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. ``(c) Procedural Matters.--(1) With respect to a forfeiture of property under this section, the provisions of subsections (c), (d), (h), and (j) of section 511 of the Controlled Substances Act apply as they would to a forfeiture of property under that section, and the Postal Service may also perform any of the functions the Attorney General may perform under such subsections. ``(2) The filing of an indictment or information alleging a violation of section 1341 or 1343 of this title which is also related to a civil forfeiture proceeding under either section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. ``(d) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General or the Postal Service shall dispose of the property under section 1349 of this title. ``Sec. 1349. Disposition of forfeited property ``(a) In General.--After making due provision for the rights of any innocent persons, the Attorney General, after deducting the costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, shall deposit the property forfeited or the proceeds from the sale of property forfeited under sections 1347 or 1348 of this title in the Department of Justice Assets Forfeiture Fund established by section 524(c) of title 28. The Postal Service may exercise the authority of the Attorney General in conducting administrative forfeitures and shall deposit the property forfeited or the proceeds of the property forfeited in the Postal Service Fund under section 2003(b)(7) of title 39. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant. Neither the defendant nor any person acting in concert with the defendant or on the defendant's behalf is eligible to purchase forfeited property sold by the United States. ``(b) Restraint Pending Appeal.--Upon application of a person other than the defendant or a person acting in concert with the defendant or on the defendant's behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal in the case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition will result in irreparable harm to the applicant. ``(c) Rules for Disposition.--The Attorney General and the Postal Service shall make rules providing for the disposition of such property and proceeds. The rules shall provide that the Attorney General or the Postal Service may-- ``(1) retain the property for official use; ``(2) transfer the property to Federal, State, or local law enforcement agencies so as to reflect generally the contribution of such agencies to the seizure or forfeiture of such property; ``(3) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; ``(4) require that the General Services Administration take custody of the property and dispose of it in accordance with law; ``(5) restore forfeited property to victims of an offense described in subsection (a); ``(6) destroy the property if it is harmful to the public or the expense of sale would exceed the amount realized from the sale; or ``(7) dispose of such funds or property as otherwise provided by law.''. (b) Clerical Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following new items: ``1347. Criminal forfeiture for violation of section 1341 or 1343. ``1348. Civil forfeiture for violation of section 1341 or 1343. ``1349. Disposition of forfeited property.''. SEC. 2. POSTAL SERVICE FUND AMENDMENT. Section 2003(b)(7) of title 39, United States Code, is amended to read as follows: ``(7) amounts (including proceeds from the sale of forfeited items) from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service, except that nothing in this paragraph shall preclude the Postal Service from sharing such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.''.

Summary: Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act. Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty. Directs that any such forfeited property be seized by the Attorney General or U.S. Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a U.S. district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances. Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund; and (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund. Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal; and (2) rules for the disposition of such property and proceeds. Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.


SECTION 1. SHORT TITLE. This Act may be cited as the ``School Anti-Violence Empowerment Act''. TITLE I--SCHOOL SAFETY PROGRAMS SEC. 101. PROGRAM AUTHORIZED. The Secretary of Education is authorized to provide grants to local educational agencies to establish or enhance crisis intervention programs, including the hiring of school counselors and to enhance school safety programs for students, staff, and school facilities. SEC. 102. GRANT AWARDS. (a) Local Awards.--The Secretary shall award grants to local educational agencies on a competitive basis. (b) Grant Programs.--From the amounts appropriated under section 106, the Secretary shall reserve-- (1) 50 percent of such amount to award grants to local educational agencies to hire school counselors; and (2) 50 percent of such amount to award grants to local educational agencies to enhance school safety programs for students, staff, and school facilities. (c) Priority.--Such awards shall be based on one or more of the following factors: (1) Quality of existing or proposed violence prevention program. (2) Greatest need for crisis intervention counseling services. (3) Documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965. (d) Equitable Distribution.--In awarding grants under this title, the Secretary shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. (e) Administrative Costs.--The Secretary may reserve not more than 1 percent from amounts appropriated under section 106 for administrative costs. (f) Eligibility.--A local educational agency that meets the requirements of this title shall be eligible to receive a grant to hire school counselors and a grant to enhance school safety programs for students, staff, and school facilities. SEC. 103. APPLICATIONS. (a) In General.--Each local educational agency desiring a grant under this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Such application shall include a plan that contains the following: (1) In the case of a local educational agency applying for a grant to enhance school safety programs-- (A) a description of any existing violence prevention, safety, and crisis intervention programs; (B) proposed changes to any such programs and a description of any new programs; and (C) documentation regarding financial need. (2) In the case of a local educational agency applying for a grant to hire school counselors-- (A) a description of the need for a crisis intervention counseling program; and (B) documentation regarding financial need. SEC. 104. REPORTING. Each local educational agency that receives a grant under this title shall provide an annual report to the Secretary. In the case of a local educational agency that receives a grant to enhance school safety programs, such report shall describe how such agency used funds provided under this title and include a description of new school safety measures and changes implemented to existing violence prevention, safety, and crisis intervention programs. In the case of a local educational agency that receives a grant to hire school counselors, such report shall describe how such agency used funds provided under this title and include the number of school counselors hired with such funds. SEC. 105. DEFINITIONS. For purposes of this title: (1) The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the same meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``school counselor'' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- (A) possesses State licensure or certification granted by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (3) The term ``Secretary'' means the Secretary of Education. (4) the term ``school safety'' means the safety of students, faculty, and school facilities from acts of violence. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $700,000,000 for each of fiscal years 2000 through 2004. TITLE II--INCREASED COPS FUNDING SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM. Section 1001(a)(11) of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended by adding at the end the following: ``(C) In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out part Q, to remain available until expended, the total amount of $1,500,000,000 for fiscal years 2000 through 2004, of which 50 percent shall be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools.''. SEC. 202. GRANT AUTHORITY. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) in subsection (i), by striking the second sentence; and (2) by striking subsection (k). TITLE III--21ST CENTURY LEARNING SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH. Section 10907 of part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8247) is amended by striking ``appropriated'' and all that follows before the period and inserting the following: ``appropriated to carry out this part-- ``(1) such sums as may be necessary for fiscal year 1999; and ``(2) $250,000,000 for each of fiscal years 2000 through 2004''. TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE SEC. 401. MODEL PROGRAM. Not later than 120 days after the date of the enactment of this Act, the Secretary of Education, in consultation with the Attorney General, shall develop a model violence prevention program to be made available to local educational agencies. SEC. 402. CLEARINGHOUSE. The Secretary of Education shall establish and maintain a national clearinghouse to provide technical assistance regarding the establishment and operation of alternative violence prevention programs. The national clearinghouse shall make information regarding alternative violence prevention programs available to local educational agencies.

Summary: Requires awards to be based on one or more of the following factors: (1) quality of existing or proposed violence prevention program; (2) greatest need for crisis intervention counseling services; and (3) documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA). Authorizes appropriations. Title II: Increased COPS Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2004 the authorization of appropriations for certain grant programs for Community Policing and "Cops on the Beat" (COPS program). Requires 50 percent of such funds to be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools. Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority (thus making the authority permanent). Title III: 21st Century Learning - Amends ESEA to extend through FY 2004 the authorization of appropriations for after-school and life skills programs for at-risk youth. Title IV: Model Program and Clearinghouse - Directs the Secretary to: (1) develop a model violence prevention program to be made available to LEAs; and (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and to operate such programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Protection and Tax Relief Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Working people are subject to social security taxes as well as income taxes, and for over 90 percent of the population the combined tax on earned income is higher than the income tax rates of 15 percent and 28 percent that apply to unearned income. (2) There is no logical reason why social security taxes should be imposed only on earnings and not on unearned income (such as dividends, interest, rent income, and capital gains). SEC. 3. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME ``Sec. 59B. Social security tax on certain unearned income. ``SEC. 59B. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. ``(a) Imposition of Tax.--In the case of an individual, there is hereby imposed (in addition to any other tax imposed by this subtitle) for each taxable year a tax equal to 12 percent of such individual's social security taxable income for such taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Social security taxable income.--The term `social security taxable income' means adjusted gross income reduced by the greater of-- ``(A) the sum of-- ``(i) the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year), and ``(ii) the deduction for personal exemptions under section 151 (determined without regard to subsection (d)(3) thereof), or ``(B) the aggregate exempt income of the taxpayer for the taxable year. ``(2) Exempt income.--The term `exempt income' means the following amounts to the extent included in gross income: ``(A) Amounts received as a pension or annuity from a qualified plan (as defined in section 4980(c)(1)). ``(B) Amounts received as a social security benefit (as defined in section 86(d)). ``(C) Amounts received as earned income (within the meaning of section 911(d)). ``(c) Credits Not Allowed, Etc.--The tax imposed by this section shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(1) the amount of any credit allowable under this chapter, or ``(2) the amount of the minimum tax imposed by section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Social security tax on certain unearned income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. (d) Transfers to Trust Funds.-- (1) In general.--There are hereby appropriated to the payor funds amounts equivalent to the tax imposed by section 59B of such Code (as added by this section). The Secretary of the Treasury shall make appropriate allocations of revenue received in the general fund of the Treasury to each payor fund. (2) Transfers.--The amounts appropriated by paragraph (1) to any payor fund shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter and shall take into account revenue estimated to be received during such quarter. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Definitions.--For purposes of this subsection-- (A) Payor fund.--The term ``payor fund'' means any trust fund or account from which payments of social security benefits are made. (B) Social security benefits.--The term ``social security benefits'' has the meaning given such term by section 86(d) of the Internal Revenue Code of 1986. SEC. 4. CHANGE IN RATES OF SOCIAL SECURITY TAXES. (a) Decrease in Rate of OASDI Tax on Employees.--The table in section 3101(a) of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``1990 or any year before 2002................ 6.2 percent ``2002 or thereafter.......................... 4.95 percent.'' (b) Decrease in Rate of OASDI Tax on Employers.--The table in section 3111(a) of such Code is amended by striking the last item and inserting the following: ``1990 or any year before 2002................ 6.2 percent ``2002 or thereafter.......................... 4.95 percent.'' (c) Decrease in Rate of OASDI Tax on Self-Employment Income.--The table in section 1401(a) of such Code is amended by striking the last item and inserting the following: ``December 31, 1989................. January 1, 2002........ 12.4 ``December 31, 2001................. ....................... 9.9.''

Summary: Social Security Protection and Tax Relief Act of 2001 - Amends the Internal Revenue Code to impose a 12 percent tax on an individual's "social security taxable income." Defines such income as adjusted gross income reduced by the greater of: (1) the sum of the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year) and the deduction for personal exemptions (determined without regard to the phase out); or (2) the aggregate exempt income of the taxpayer for the taxable year. Defines such exempt income as amounts received as a pension or annuity, social security benefits, and earned income. Decreases the old age, survivors, and disability income (social security taxes) tax rates.


SECTION 1. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS MAY BE USED WITHOUT PENALTY TO PURCHASE FIRST HOMES OR TO PAY HIGHER EDUCATION EXPENSES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end thereof the following new subparagraph: ``(D) Distributions from individual retirement plans for first home purchases or educational expenses.--Distributions to an individual from an individual retirement plan-- ``(i) which are qualified first-time homebuyer distributions (as defined in paragraph (6)); or ``(ii) to the extent such distributions do not exceed the qualified higher education expenses (as defined in paragraph (7)) of the taxpayer for the taxable year.'' (b) Definitions.--Section 72(t) of such Code is amended by adding at the end thereof the following new paragraphs: ``(6) Qualified first-time homebuyer distributions.--For purposes of paragraph (2)(D)(i)-- ``(A) In general.--The term `qualified first-time homebuyer distribution' means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 60th day after the day on which such payment or distribution is received to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual or the spouse, child, or grandchild of such individual. ``(B) Qualified acquisition costs.--For purposes of this paragraph, the term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(C) First-time homebuyer; other definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' means any individual if-- ``(I) such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this paragraph applies, and ``(II) subsection (a)(6), (h), or (k) of section 1034 did not suspend the running of any period of time specified in section 1034 with respect to such individual on the day before the date the distribution is applied pursuant to subparagraph (A)(ii). ``(ii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(iii) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (A) applies is entered into, or ``(II) on which construction or reconstruction of such a principal residence is commenced. ``(D) Special rule where delay in acquisition.--If any distribution from any individual retirement plan fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of the residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408(d)(3)(A)(i) (determined by substituting `120 days' for `60 days' in such section), except that-- ``(i) section 408(d)(3)(B) shall not be applied to such contribution, and ``(ii) such amount shall not be taken into account in determining whether section 408(d)(3)(A)(i) applies to any other amount. ``(7) Qualified higher education expenses.--For purposes of paragraph (2)(D)(ii)-- ``(A) In general.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) the taxpayer's child (as defined in section 151(c)(3)) or grandchild, at an eligible educational institution (as defined in section 135(c)(3)). ``(B) Coordination with savings bond provisions.-- The amount of qualified higher education expenses for any taxable year shall be reduced by any amount excludable from gross income under section 135.'' (c) Effective Date.--The amendments made by this section shall apply to distributions received after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to allow penalty-free distributions from eligible individual retirement plans for qualified first-time home purchases or qualified higher education expenses.