SECTION 1. SHORT TITLE. This Act may be cited as the ``Israel Anti-Boycott Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United Nations Human Rights Council (in this section referred to as the ``UNHRC'') has long targeted Israel with systematic, politically motivated, assaults on its legitimacy designed to stigmatize and isolate Israel internationally. (2) The UNHRC maintains a permanent agenda item known as ``Item 7'' to ensure that Israel will be criticized at every gathering of the UNHRC. (3) At its 31st session on March 24, 2016, the UNHRC targeted Israel with a commercial boycott, calling for the establishment of a database, such as a ``blacklist'', of companies that operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem. (4) At its 32nd session in March 2017, the UNHRC is considering a resolution pursuant to agenda item 7 to withhold assistance from and prevent trade with ``territories occupied since 1967'', including East Jerusalem, the West Bank, and the Golan Heights, stating that businesses that engage in economic activity in those areas could face civil or criminal legal action. (5) For a half century, Congress has combated anti-Israel boycotts and other discriminatory activity under the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), under part VI of title X of the Tax Reform Act of 1976 (Public Law 94-455; 90 Stat. 1649) (commonly referred to as the ``Ribicoff Amendment''), in free trade agreements with Bahrain and Oman, and in Saudi Arabia's accession negotiations to the World Trade Organization. (6) The recent action of the UNHRC is reminiscent of the Arab League Boycott, which also called for the establishment of a ``blacklist'' and promoted a primary, as well as a secondary and tertiary, boycott against Israel, targeting United States and other companies that trade or invest with or in Israel, designed to harm Israel, any business operating in, or doing business with, Israel, or companies that do business with companies operating in Israel. (7) Congress recently passed anti-boycott, divestment, and sanctions measures in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) and section 909 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452), which establish, among other things-- (A) the opposition of the United States to actions to boycott, divest from, or sanction Israel; (B) requirements that the United States utilize trade negotiations to combat state-led or international governmental organization-led actions to boycott, divest from, or sanction Israel; and (C) reporting requirements regarding the actions of foreign countries or international organizations that establish barriers to trade or investment for United States companies in or with Israel. SEC. 3. STATEMENT OF POLICY. Congress-- (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure their own companies to divest from, or break contracts with, Israel, and calls for the creation of a ``blacklist'' of companies that either operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem; (2) views such policies as actions to boycott, divest from, or sanction Israel; and (3) in order to counter the effects of actions to boycott, divest from, or sanction Israel, encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 (Public Law 113-296; 128 Stat. 4075) through enhanced, governmentwide, coordinated United States-Israel scientific and technological cooperation in civilian areas such as with respect to energy, water, agriculture, alternative fuel technology, civilian space technology, and security. SEC. 4. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER EXPORT ADMINISTRATION ACT OF 1979. (a) Declaration of Policy.--Section 3(5) of the Export Administration Act of 1979 (50 U.S.C. 4602(5)) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) to oppose-- ``(i) restrictive trade practices or boycotts fostered or imposed by foreign countries, or requests to impose restrictive trade practices or boycotts by foreign countries, against other countries friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel;''; and (2) in subparagraph (B), by striking ``which have the effect'' and all the follows and inserting the following: ``which have the effect of furthering or supporting-- ``(i) restrictive trade practices or boycotts fostered or imposed by any foreign country, or requests to impose restrictive trade practices or boycotts by any foreign country, against a country friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel; and''. (b) Foreign Boycotts.--Section 8 of the Export Administration Act of 1979 (50 U.S.C. 4607) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``, or request to impose any boycott by a foreign country,'' after ``a foreign country''; (ii) by inserting ``, or support any boycott fostered or imposed by any international governmental organization against Israel or request to impose any boycott by any international governmental organization against Israel'' after ``pursuant to United States law or regulation''; (B) in subparagraph (A), by inserting ``or international governmental organization (as the case may be)'' after ``of the boycotting country''; and (C) in subparagraph (D)-- (i) by inserting ``, or requesting the furnishing of information,'' after ``Furnishing information''; and (ii) by inserting ``or with the international governmental organization (as the case may be)'' after ``in the boycotting country''; and (2) in subsection (c)-- (A) by inserting ``, or requests to impose restrictive trade practices or boycotts by foreign countries,'' after ``foreign countries''; and (B) by inserting ``or restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel'' before the period at the end. (c) Violations of Section 8(a).--Section 11 of the Export Administration Act of 1979 (50 U.S.C. 4610) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) in subsection (a), by inserting ``or (j)'' after ``subsection (b)''; and (2) by adding at the end the following: ``(j) Violations of Section 8(a).--Whoever knowingly violates or conspires to or attempts to violate any provision of section 8(a) or any regulation, order, or license issued thereunder shall be fined in accordance with section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).''. (d) Definition of International Governmental Organization.--Section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: ``(7) the term `international governmental organization' includes the United Nations and the European Union;''. (e) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to actions described in section 8(a) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) taken or knowingly agreed to be taken on or after such date of enactment. (f) Implementation.--The President shall implement the amendments made by this section by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 5. POLICY OF THE UNITED STATES RELATING TO BOYCOTT OF ISRAEL UNDER EXPORT-IMPORT BANK ACT OF 1945. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended in the sixth sentence by inserting after ``child labor),'' the following: ``or opposing policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the Government of Israel,''. SEC. 6. DEFINITIONS. (a) In General.--In this Act: (1) Actions to boycott, divest from, or sanction israel.-- The term ``actions to boycott, divest from, or sanction Israel'' has the meaning given that term in section 102(b)(20)(B) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201(b)(20)(B)). (2) International governmental organization.--The term ``international governmental organization'' includes the United Nations and the European Union. (3) Politically motivated.--The term ``politically motivated'' means actions to impede or constrain commerce with Israel that are intended to coerce political action from or impose policy positions on Israel. (b) Rule of Construction.--Nothing in this section shall be construed to alter the established policy of the United States or to establish new United States policy concerning final status issues associated with the Arab-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties.

Summary: Israel Anti-Boycott Act This bill declares that Congress: (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure companies to divest from, or break contracts with, Israel; and (2) encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 through enhanced, governmentwide, coordinated U.S.-Israel scientific and technological cooperation in civilian areas. The bill amends the Export Administration Act of 1979 to declare that it shall be U.S. policy to oppose: requests by foreign countries to impose restrictive practices or boycotts against other countries friendly to the United States or against U.S. persons; and restrictive trade practices or boycotts fostered or imposed by an international governmental organization, or requests to impose such practices or boycotts, against Israel. The bill prohibits any U.S. person engaged interstate or foreign commerce from supporting: any request by a foreign country to impose any boycott against a country that is friendly to the United States and that is not itself the object of any form of boycott pursuant to United States law or regulation, or any boycott fostered or imposed by any international governmental organization against Israel or any request by any international governmental organization to impose such a boycott. The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the government of Israel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Flat Tax Act of 1995''. TITLE I--FLAT TAX SEC. 101. 15 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 15 percent of the excess of the earned income of such individual for the taxable year over the standard exemption amount for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Standard exemption amount.-- ``(A) In general.--The term `standard exemption amount' means the sum of-- ``(i) the basic standard exemption, plus ``(ii) the additional standard exemption. ``(B) Basic standard exemption.--For purposes of subparagraph (A), the basic standard exemption is-- ``(i) $20,000 in the case of-- ``(I) a joint return, and ``(II) a surviving spouse (as defined in section 2(a)), ``(ii) $15,000 in the case of a head of household (as defined in section 2(b)), and ``(iii) $10,000 in the case of an individual-- ``(I) who is not married and who is not a surviving spouse or head of household, or ``(II) who is a married individual filing a separate return. ``(C) Additional standard exemption.--For purposes of subparagraph (A), the additional standard exemption is $5,000 for each dependent (as defined in section 152)-- ``(i) whose earned income for the calendar year in which the taxable year of the taxpayer begins is less than the basic standard exemption specified in subparagraph (B)(iii), or ``(ii) who is a child of the taxpayer and who-- ``(I) has not attained the age of 19 at the close of the calendar year in which the taxable year of the taxpayer begins, or ``(II) is a student who has not attained the age of 24 at the close of such calendar year. ``(D) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1997, each dollar amount contained in subparagraphs (B) and (C) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment for the calendar year in which the taxable year begins. ``(ii) Cost-of-living adjustment.--For purposes of this subparagraph-- ``(I) In general.--The cost-of- living adjustment for any calendar year is the percentage (if any) by which the CPI for October of the preceding calendar year, exceeds the CPI for October of 1996. ``(II) CPI.--The term `CPI' means the last Consumer Price Index for all- urban consumers published by the Department of Labor. ``(iii) Rounding.--If the increase determined under this subparagraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(2) Earned income.-- ``(A) In general.--Except as provided in subparagraph (B), the term `earned income' means-- ``(i) wages, salaries, and other employee compensation, ``(ii) the amount of the taxpayer's net earnings from self-employment for the taxable year, and ``(iii) the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. ``(B) Exceptions.--The term `earned income' does not include-- ``(i) any amount received as a pension or annuity, or ``(ii) any tip unless the amount of the tip is not within the discretion of the service- recipient.'' SEC. 102. TRANSITION RULE FOR HOME MORTGAGE INTEREST DEDUCTION. Section 1 of the Internal Revenue Code of 1986, as amended by section 2 of this Act, is amended-- (1) by striking subsection (a) and inserting the following new subsection: ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 15 percent of the excess of-- ``(1) the earned income of the taxpayer for the taxable year, over ``(2) the standard exemption amount and the excess qualified residence interest amount for such taxpayer for such year.'', and (2) in subsection (b), by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Excess qualified residence interest amount.--The excess qualified residence amount for any taxable year is equal to the excess (if any) of-- ``(A) the amount which would have been allowable as a deduction to the taxpayer for such year under section 163(h)(3), as in effect on the day before the effective date of the Flat Tax Act of 1995 (determined without regard to section 68 (as so in effect)), with respect to any indebtedness incurred on or before such day, over ``(B) one-half of the basic standard exemption for an individual for such year.'' SEC. 103. 15 PERCENT INCOME TAX RATE FOR BUSINESS ACTIVITIES. Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 15 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.-- ``(1) In general.--For purposes of this section, the term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.--For purposes of paragraph (1), the term `gross active income' means gross income other than investment income. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) the compensation (including contributions to qualified retirement plans but not including other fringe benefits) paid for employees performing services in such activity, and ``(C) the cost of tangible personal and real property used in such activity. ``(2) Business inputs.--For purposes of subparagraph (A), the term `cost of business inputs' means-- ``(A) the actual amount paid for goods, services, and materials, whether or not resold during the taxable year, ``(B) the fair market value of business inputs brought into the United States, and ``(C) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. Such term shall not include purchases of goods and services provided to employees or owners. ``(e) Carryover of Excess Deductions.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the amount of the deductions specified in subsection (d) for the succeeding taxable year (determined without regard to this subsection) shall be increased by the sum of-- ``(1) such excess, plus ``(2) the product of such excess and the 3-month Treasury rate for the last month of such taxable year.'' SEC. 104. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR CORPORATIONS AND INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of corporate and individual income tax liability. SEC. 105. REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. SEC. 106. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this title shall apply to taxable years beginning after December 31, 1996. (b) Repeal of Estate and Gift Taxes.--The repeal made by section 105 shall apply to estates of decedents dying, and transfers made, after December 31, 1996. (c) Technical and Conforming Changes.--The Secretary of the Treasury or the Secretary's delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act. TITLE II--REDUCTIONS IN FEDERAL SPENDING SEC. 201. REDUCTIONS IN FEDERAL SPENDING. (a) Adjustment of Discretionary Caps.-- (1) Discretionary spending limits and direct spending balances.--Not later than 5 days after the date of enactment of this Act, the President shall reduce the discretionary spending limits under section 601 of the Congressional Budget Act of 1974 for each of the fiscal years 1996, 1997, and 1998 to reflect a reduction of 15 percent in budget authority and budget outlays for each fiscal year. (2) Adjustment of committee allocations.--Not later than 5 days after the date of enactment of this Act, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 602(a) of the Congressional Budget Act of 1974 to reflect the reductions required by paragraph (1). (b) Foreign Aid.--Notwithstanding subsection (a), the amount of budget authority provided under budget function 150 relating to United States assistance (as defined in section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)) for payments not required by law shall not exceed-- (1) for fiscal year 1996, 60 percent of the amount provided for fiscal year 1995; (2) for fiscal year 1997, 50 percent of the amount provided for fiscal year 1995; and (3) for fiscal year 1998, 40 percent of the amount provided for fiscal year 1995. (c) Freeze on Department of Defense.--Notwithstanding subsection (a), the amount of budget authority provided under budget function 050 (national defense) for payments not required by law for each of the fiscal years 1996, 1997, and 1998 shall not exceed the amount provided for fiscal year 1995. (d) No Reduction in the Administrative Expenses of the Social Security Administration and Medicare.--Notwithstanding subsection (a), the amount of budget authority provided for the administrative expenses of the Social Security Administration and medicare for payments not required by law for each of the fiscal years 1996, 1997, and 1998 shall not be reduced by reason of subsection (a). SEC. 202. REDUCTION IN DIRECT SPENDING. (a) Reduction.-- (1) In general.--Except as provided in paragraph (2), the level of direct spending for fiscal years 1996, 1997, and 1998 shall not exceed 85 percent of the level for fiscal year 1995. (2) Exception.--Paragraph (1) shall not apply to-- (A) social security; (B) medicare; and (C) veterans' programs. (b) Implementing Legislation.-- (1) Committee action.--Not later than September 1, 1995, the committees of the House of Representatives and Senate shall report legislation reducing the direct spending programs within their jurisdiction as required by subsection (a). (2) Enactment.--Not later than September 30, 1995, the Senate and the House of Representatives shall enact legislation complying with paragraph (1). SEC. 203. ELIMINATION OF THE INTERNAL REVENUE SERVICE. (a) Elimination of the Internal Revenue Service.--Effective January 1, 1997, the Internal Revenue Service is abolished. (b) Transfer of Functions.-- (1) Function defined.--For purposes of this subsection, the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2) Transfer to treasury.--The functions of the Internal Revenue Service are transferred to the Department of the Treasury. (3) Transfer to secretary.--The functions of the Commissioner of Internal Revenue shall be performed by the Secretary of the Treasury or the designee of the Secretary. (b) Amendment to the Internal Revenue Code of 1986.--Section 7802(a) of the Internal Revenue Code of 1986 is repealed. (c) References.--Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Commissioner of Internal Revenue with regard to functions transferred under this subsection, shall be deemed to refer to the Secretary of the Treasury; and (2) the Internal Revenue Service with regard to functions transferred under this subsection, shall be deemed to refer to the Department of the Treasury. (d) Additional Conforming Amendments.-- (1) After consultation with the appropriate committees of the Congress, the Secretary of the Treasury shall prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this subsection. (2) Not later than 6 months after the effective date of this Act, the Secretary of the Treasury shall submit the recommended legislation referred to under paragraph (1).

Summary: TABLE OF CONTENTS: Title I: Flat Tax Title II: Reductions in Federal Spending Flat Tax Act of 1995 - Title I: Flat Tax - Amends the Internal Revenue Code to impose a 15 percent tax on the income of every individual. Establishes a basic standard exemption of $20,000 for a joint return and $10,000 for an individual return, with an additional $5,000 exemption for each dependent. Sets forth provisions for a transition rule for home mortgage interest deduction with respect to existing mortgages. Imposes on every person engaged in a business activity a tax equal to 15 percent of business taxable income. Repeals all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of corporate and individual income tax liability. Repeals estate, gift, and generation-skipping taxes. Title II: Reductions in Federal Spending - Directs the President to reduce the discretionary spending limits the Congressional Budget Act of 1974 for each of FY 1996 through 1998 to reflect a reduction of 15 percent in budget authority and budget outlays for each fiscal year. Specifies that notwithstanding the above, the amount of budget authority provided for foreign aid payments not required by law shall not exceed: (1) for FY 1996, 60 percent of the amount provided for FY 1995; (2) for FY 1997, 50 percent of the amount provided for FY 1995; and (3) for FY 1998, 40 percent of the amount provided for FY year 1995. Requires that notwithstanding discretionary spending limits above, the amount of budgetary authority provided for the Defense Department for payments not required by law for each of FY 1996 through 1998 shall not exceed the amount provided for FY 1995. Directs that the amount of budget authority provided for the administrative expenses of the Social Security Administration and Medicare for payments not required by law for each of FY 1996 through 1998 shall not be reduced. Provides that a reduction in the level of direct spending for FY 1996 through 1998 shall not exceed 85 percent of the level for FY 1995, except for: (1) Social Security; (2) Medicare; and (3) veterans's programs. Abolishes the Internal Revenue Service (IRS) and transfers the functions of the IRS to the Department of the Treasury. Transfers the functions of the IRS Commissioner to the Secretary of the Treasury.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011'' or the ``SHIELD Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Armed Forces represent the finest fighting force in the world. (2) An interruption in compensation could affect morale and cause hardship which would threaten United States security and the safety of our troops. (3) It is a vital national interest that the United States Armed Forces, including reserve components, can operate with the assurance that they will continue to receive pay and allowances for their service if a funding gap occurs. (4) Federal law enforcement officers are highly trained and dedicated men and women, committed to protecting liberty, public safety, and the security of our Nation from both foreign and domestic threats. (5) They have no equal in the private sector, and perform a role that is both unique and vital to the continuing operation of the Federal Government and commerce during times of crisis. (6) Each and every day, Federal law enforcement officers are engaged around the clock in activities that include, but are not limited to, dignitary protection, criminal investigation, homeland security, border security, intelligence gathering, and fighting waste, fraud and abuse. (7) These critical Government functions cannot be interrupted due to an absence of Congressional appropriations or during periods of a Government shutdown, nor can we expect that the threats posed by violent criminals, terrorists and America's enemies will lessen during such periods of fiscal uncertainty. SEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS REACHED FOR DEFENSE AND FEDERAL LAW ENFORCEMENT. In the event that the total public debt reaches the public debt limit, as established under section 3101 of title 31, United States Code, the following payments on obligations incurred by the Government of the United States shall be made: (1) The pay and allowances of members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service. (2) The pay and allowances of critical law enforcement officers who are employed by Federal agencies. SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DEFENSE AND FEDERAL LAW ENFORCEMENT DURING A FUNDING GAP. (a) Appropriation of Funds for Military Pay and Allowances.--During a period of lapsed appropriations for the Armed Forces, the Secretary of the Treasury shall make available to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard), out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the period of lapsed appropriations. (b) Appropriation of Funds for Federal Law Enforcement Officer Pay and Allowances.--During a period of lapsed appropriations for a federal agency that employs critical law enforcement officers, the Secretary of the Treasury shall make available to the head of such agency, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the heads of such agencies determine to be necessary to continue to provide pay and allowances (without interruption) to such critical law enforcement officers during the period of lapsed appropriations. SEC. 5. DEFINITIONS. In this Act: (1) Critical law enforcement officer.--The term ``critical law enforcement officer'' means an employee-- (A) who has statutory authority to make arrests or apprehensions; (B) who is authorized by the agency of the employee to carry firearms; and (C) whose duties include performing emergency work involving the safety of human life or the protection of property. (2) Period of lapsed appropriations.--The term ``period of lapsed appropriations'' means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances. (3) Total public debt.--The term ``total public debt'' has the meaning given such term in section 3130 of title 31, United States Code.

Summary: Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011 or SHIELD Act of 2011 - Requires, in the event that the U.S. public debt limit is reached, priority payment of the pay and allowances of: (1) members of the Armed Forces, including reserves, who perform active service; and (2) critical law enforcement officers employed by federal agencies. Requires the Secretary of the Treasury, during a period of lapsed appropriations for the Armed Forces or federal agencies employing critical law enforcement officers, to make available necessary amounts to continue such pay and allowances.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit Act of 1999''. SEC. 2. ENHANCED DISCLOSURES UNDER AN OPEN END CONSUMER CREDIT PLAN. (a) Repayment Terms.--Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following: ``(11)(A) Repayment information that would apply to the outstanding balance of the consumer under the credit plan, including-- ``(i) the required minimum monthly payment on that balance, represented as both a dollar figure and as a percentage of that balance; ``(ii) the number of months (rounded to the nearest month) that it would take to pay the entire amount of that balance, if the consumer pays only the required minimum monthly payments and if no further advances are made; ``(iii) the total cost to the consumer, including interest and principal payments, of paying that balance in full, if the consumer pays only the required minimum monthly payments and if no further advances are made; and ``(iv) the monthly payment amount that would be required for the consumer to eliminate the outstanding balance in 36 months if no further advances are made. ``(B)(i) Subject to clause (ii), in making the disclosures under subparagraph (A) the creditor shall apply the interest rate in effect on the date on which the disclosure is made until the date on which the balance would be paid in full. ``(ii) If the interest rate in effect on the date on which the disclosure is made is a temporary rate that will change under a contractual provision applying an index or formula for subsequent interest rate adjustment, the creditor shall apply the interest rate in effect on the date on which the disclosure is made for as long as that interest rate will apply under that contractual provision, and then apply an interest rate based on the index or formula in effect on the applicable billing date.''. (b) Publication of Model Forms.--Not later than 180 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall publish model disclosure forms in accordance with section 105 of the Truth in Lending Act for the purpose of compliance with section 127(b)(11) of the Truth in Lending Act, as added by this section. SEC. 3. CREDIT CARD SECURITY INTERESTS UNDER AN OPEN END CONSUMER CREDIT PLAN. (a) In General.--Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(h) Security Interests Created Under an Open End Consumer Credit Plan.--During the period of an open end consumer credit plan, if the creditor of that plan obtains a security interest in personal property purchased using that credit plan, the creditor shall provide to the consumer, at the time of purchase, a written statement setting forth in a clear, conspicuous, and easy to read format the following information: ``(1) The property in which the creditor will receive a security interest. ``(2) The nature of the security interest taken. ``(3) The method or methods of enforcement of that security interest available to the creditor in the event of nonpayment of the plan balance. ``(4) The method in which payments made on the credit plan balance will be credited against the security interest taken on the property. ``(5) The following statement: `This property is subject to a security agreement. You must not dispose of the property purchased in any way, including by gift, until the balance on this account is fully paid.'''. (b) Publication of Model Forms.--Not later than 180 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall publish model disclosure forms in accordance with section 105 of the Truth in Lending Act for the purpose of compliance with section 127(h) of the Truth in Lending Act, as added by this section. SEC. 4. STATISTICS TO BE REPORTED TO BOARD OF GOVERNORS OF FEDERAL RESERVE SYSTEM AND TO CONGRESS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(i) Reports to the Board and to Congress.-- ``(1) Reports to the board.--Any creditor making advances under an open end credit plan shall, using model forms developed and published by the Board, annually submit to the Board a report, which shall include-- ``(A) the total number of open end credit plan solicitations made to consumers; ``(B) the total amount of credit (in dollars) offered to consumers; ``(C) a statement of the average interest rates offered to all borrowers in each of the previous 2 years; ``(D) the total amount of credit granted and the average interest rate granted to persons under the age of 25; and ``(E) the total amount of debt written off voluntarily and due to a bankruptcy discharge in each of the 2 years preceding the date on which the report is submitted. ``(2) Reports to congress.--The Board shall annually compile the information collected under paragraph (1) and submit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Banking and Financial Services of the House of Representatives, a report, which shall include-- ``(A) aggregate data described subparagraphs (A) through (E) of paragraph (1) for all creditors; and ``(B) individual data described in paragraph (1)(A) for each of the top 50 creditors.''. SEC. 5. CIVIL LIABILITY. Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended, in the undesignated paragraph following paragraph (4), by striking the second sentence and inserting the following: ``In connection with the disclosures referred to in subsections (a), (b), and (h) of section 127, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section 125, 127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of section 127(b), or section 127(h), or for failing to comply with disclosure requirements under State law for any term or item that the Board has determined to be substantially the same in meaning under section 111(a)(2) as any of the terms or items referred to in section 127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of section 127(b), or section 127(h).''. SEC. 6. TREATMENT UNDER BANKRUPTCY LAW. (a) Exceptions to Discharge.--Section 523(a) of title 11, United States Code, is amended by adding at the end the following: ``The exception under subparagraphs (A) and (C) of paragraph (2) shall not apply to any claim made by a creditor who has failed to make the disclosures required under section 127(h) of the Truth in Lending Act in connection with such claim, unless a creditor required to make such disclosures files with the court, within 90 days of the date of order for relief, a proof of claim accompanied by a copy of such disclosures that is signed and dated by the debtor.''. (b) Reaffirmation.--Section 524(c) of title 11, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) in a case concerning a creditor obligated to make the disclosures required under section 127(h) of the Truth in Lending Act, the agreement contains a copy of such disclosures that is signed and dated by the debtor.''.

Summary: Consumer Credit Act of 1999 - Amends the Truth in Lending Act to mandate that: (1) monthly billing statements for an open end consumer credit plan include specified repayment information, including the number of months it would take to pay the balance and the total cost if the consumer pays only the required minimum payment; (2) certain written disclosures be furnished to the consumer at the time of purchase if the creditor of an open end consumer credit plan obtains a security interest in personal property purchased under such plan; and (3) the Board of Governors of the Federal Reserve System (the Board) publish the pertinent model disclosure forms. Requires: (1) creditors making advances under an open end credit plan to annually report certain loan data to the Board; and (2) the Board to compile such data and submit it to certain congressional committees annually. Amends Federal bankruptcy law to permit the discharge in bankruptcy of an individual debt if the creditor has not made the requisite disclosures under this Act. Sanctions the reaffirmation of a dischargeable debt if the reaffirmation agreement contains such disclosures.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Antitrust Anti-Retaliation Act of 2013''. SEC. 2. AMENDMENT TO ACPERA. The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after section 215 the following: ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. ``(a) Whistleblower Protections for Employees, Contractors, Subcontractors, and Agents.-- ``(1) In general.--No employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment of the covered individual because-- ``(A) the covered individual provided or caused to be provided to the employer or the Federal Government information relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or ``(B) the covered individual filed, caused to be filed, testified, participated in, or otherwise assisted an investigation or a proceeding filed or about to be filed (with any knowledge of the employer) relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws. ``(2) Limitation on protections.--Paragraph (1) shall not apply to any covered individual if-- ``(A) the covered individual planned and initiated a violation or attempted violation of the antitrust laws; ``(B) the covered individual planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or ``(C) the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws. ``(3) Definitions.--In this section: ``(A) Antitrust laws.--The term `antitrust laws' means section 1 or 3 of the Sherman Act (15 U.S.C. 1, 3). ``(B) Covered individual.--The term `covered individual' means an employee, contractor, subcontractor, or agent of an employer. ``(C) Employer.--The term `employer' means a person, or any officer, employee, contractor, subcontractor, or agent of such person. ``(D) Person.--The term `person' has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). ``(4) Rule of construction.--The term `violation', with respect to the antitrust laws, shall not be construed to include a civil violation of any law that is not also a criminal violation. ``(b) Enforcement Action.-- ``(1) In general.--A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by-- ``(A) filing a complaint with the Secretary of Labor; or ``(B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(2) Procedure.-- ``(A) In general.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. ``(B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to any individual named in the complaint and to the employer. ``(C) Burdens of proof.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. ``(D) Statute of limitations.--A complaint under paragraph (1)(A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the violation occurs. ``(E) Civil actions to enforce.--If a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures in section 42121(b), the Secretary of Labor or the person on whose behalf the order was issued may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. ``(c) Remedies.-- ``(1) In general.--A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole. ``(2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- ``(A) reinstatement with the same seniority status that the covered individual would have had, but for the discrimination; ``(B) the amount of back pay, with interest; and ``(C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney's fees. ``(d) Rights Retained by Whistleblowers.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.''. Passed the Senate November 4, 2013. Attest: Secretary. 113th CONGRESS 1st Session S. 42 _______________________________________________________________________ AN ACT To provide anti-retaliation protections for antitrust whistleblowers.

Summary: (This measure has not been amended since it was reported to the Senate on October 31, 2013. Criminal Antitrust Anti-Retaliation Act of 2013 - Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer who: (1) provided information to the employer or the federal government concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice (DOJ); or (2) filed, testified, participated, or otherwise assisted in an investigation relating to such a violation. Excludes from such protection any individual who planned and initiated such a violation or an obstruction to the investigation of such a violation. Authorizes an individual who alleges discharge or other discrimination by an employer in violation of such prohibition to seek relief: (1) by filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days of such filing, by bringing an action at law or equity in the appropriate U.S. district court. Entitles an individual who prevails in any such action to all relief necessary to make such individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Act''. TITLE I--ANTITRUST AND CRIMINAL PROVISIONS SEC. 101. PROHIBITION ON ANTICOMPETITIVE BEHAVIOR BY INCUMBENT LOCAL EXCHANGE CARRIERS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that an incumbent local exchange carrier that has market power in the broadband service provider market has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible under section 715(a) of the Communications Act of 1934, or restrains unreasonably the ability of a carrier to compete in its provision of broadband services over a local loop, shall be sufficient to establish a presumption of a violation of such section 1, 2, or 3 of the Sherman Act. SEC. 102. PROHIBITION ON ANTICOMPETITIVE CONTRACTS BY BROADBAND ACCESS TRANSPORT PROVIDERS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a broadband access transport provider that has market power in the broadband service provider market has offered access to a service provider on terms and conditions, other than terms justified by demonstrable cost differentials, that are less favorable than those offered by such operator to itself, to an affiliated service provider, or to another service provider, or restrains unreasonably the ability of a service provider from competing in its provision of broadband services, shall be sufficient to establish a presumption of a violation of such section. SEC. 103. PROHIBITION ON ANTICOMPETITIVE OR DISCRIMINATORY BEHAVIOR BY BROADBAND ACCESS TRANSPORT PROVIDERS. It shall be unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to discriminate in favor of a service provider that is affiliated with a broadband access transport provider or to restrain unreasonably the ability of a service provider that is not affiliated with a broadband access transport provider from competing in its provision of any of the services provided by a service provider as set forth in section 105(3). SEC. 104. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)-- (A) by striking ``or'' at the end of subparagraph (B); and (B) by inserting after subparagraph (C) the following new subparagraphs: ``(D) intentionally and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier; or ``(E) intentionally sells or distributes any computer program that-- ``(i) is designed or produced primarily for the purpose of concealing the source or routing information of bulk unsolicited electronic mail messages in a manner prohibited by subparagraph (D) of this paragraph; ``(ii) has only limited commercially significant purpose or use other than to conceal such source or routing information; or ``(iii) is marketed by the violator or another person acting in concert with the violator and with the violator's knowledge for use in concealing the source or routing information of such messages; (2) in subsection (c)(2)(A)-- (A) by inserting ``(i)'' after ``in the case of an offense''; and (B) by inserting after ``an offense punishable under this subparagraph;'' the following: ``; or (ii) under subsection (a)(5)(D) or (a)(5)(E) of this section which results in damage to a protected computer''; (3) in subsection (c)(2), by adding at the end the following new subparagraph: ``(D) in the case of a violation of subsection (a)(5)(D) or (E), actual monetary loss and statutory damages of $15,000 per violation or an amount of up to $10 per message per violation whichever is greater; and''; (4) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9); and (C) by adding at the end the following new paragraphs: ``(10) the term `initiates the transmission' means, in the case of an electronic mail message, to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message; ``(11) the term `Internet domain' means a specific computer system (commonly referred to as a `host') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as an `Internet domain name') and registered with an organization recognized by the Internet industry as a registrant of Internet domains; ``(12) the term `unsolicited electronic mail message' means any substantially identical electronic mail message other than electronic mail initiated by any person to others with whom such person has a prior relationship, including prior business relationship, or electronic mail sent by a source to recipients where such recipients, or their designees, have at any time affirmatively requested to receive communications from that source; and ``(13) the term `Internet' means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.''. (5) in subsection (g), by inserting ``and reasonable attorneys' fees and other litigation costs reasonably incurred in connection with civil action'' after ``injunctive relief or other equitable relief''. SEC. 105. DEFINITIONS. For purposes of this title: (1) Broadband.--The term ``broadband'' refers to a transmission capability in excess of 200 kilobits per second in at least one direction. (2) Broadband access transport provider.--The term ``broadband access transport provider'' means one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Such term shall also include a service provider who provides to itself, over facilities owned by it or under its control, the broadband transport of services between itself and its users. (3) Service provider.--The term ``service provider'' means a person who provides a service that enables users to access content, information, electronic mail, or other services. The term may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. (4) Internet.--The term ``Internet'' means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (5) Broadband service provider market.--The term ``broadband service provider market'' includes the provision of broadband services over a single broadband access transport provider's facilities. TITLE II--ADDITIONAL PROVISIONS SEC. 201. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES. Title VII of the Communications Act of 1934 is amended by adding at the end thereof the following new section: ``SEC. 715. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES. ``(a) Broadband Services Plans.-- ``(1) Plan required.--Within 180 days after the effective date of this section, each local exchange carrier shall submit to the State commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers as soon as such broadband telecommunications service is economically reasonably and technically feasible. The plan shall include all terms and conditions, including pricing, under which the services shall be provided. The test of economic reasonability and technical feasibility shall be made separately by the local exchange carrier for each local exchange, and the plan shall be considered certified 45 days after submission unless the State commission rejects the plan within such 45 days. Upon rejection of a plan, successive plans shall be submitted until approval is obtained. The plan shall be implemented within 180 days of the certification of the plan in each local exchange in which the provision of the service is both economically reasonable and technically feasible. Upon certification of its plan, the carrier shall be obligated by terms of the plan (including any modifications that it requests that are thereafter certified) but shall otherwise provide such services free of Federal and State price, rate, rate of return, and profit regulation. Upon a determination by the State commission that a local exchange is served by another provider of broadband telecommunications services, or any broadband Internet access transport provider, or upon a determination by such State commission that the local exchange carrier makes broadband telecommunications services available to 70 percent of the access lines in an exchange, a local exchange carrier shall no longer be obligated by the terms of any such plan in such local exchange. ``(2) State modifications prohibited.--Except upon request of the carrier, the State commission shall have no authority to modify any plan submitted pursuant to paragraph (1). ``(3) No commission authority.--The Commission shall have no authority with respect to the terms of any plan and shall have no authority with respect to the approval or rejection of any such plan. ``(b) Supersession of Other Requirements.--An incumbent local exchange carrier's provision of broadband local telecommunications services shall not be subject to the requirements of sections 251(c)(3) and 251(c)(4) of the Act in any State in which that carrier certifies to the State commission that-- ``(1) in central offices in which it provides local loops that are conditioned for broadband services, it provides such loops to other carriers at least as quickly as it provides them for its own customers; ``(2) in central offices in which it does not currently provide local loops that are conditioned for broadband services, but in which such service is economically reasonable and technically feasible, it will provide such loops within 120 days of a request for such conditioning from another carrier; and ``(3) conditioned loops are provided upon such prices and other terms and conditions as the parties shall agree, or in any event of disagreements, as are determined through commercial arbitration, in which the commercial arbitrator shall establish the price based upon the cost of the loops and the costs for such conditioning that have been incurred by the local exchange carrier plus a reasonable profit.''. SEC. 202. ACCELERATED DEPLOYMENT OF INTERNET BACKBONE. (a) InterLATA Internet Services.--Paragraph (21) of section 3 of the Communications Act of 1934 (47 U.S.C. 153(21)), relating to the definition of interLATA service, is amended by inserting before the period the following: ``, except that such term shall not include services that consist of or include the transmission of any data or information, including any writing, signs, signals, pictures, or sounds related to the transmission of such data or information, by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology''. (b) Voice InterLATA Internet Services.--Neither a Bell operating company, nor any affiliate of a Bell operating company, may provide, by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology, two-way voice-only interLATA telecommunications services originating in any of its in- region States until such time as the Federal Communications Commission approves the application of such company for such State pursuant to section 271(d) of the Communications Act of 1934. The terms in this subsection shall have the same respective meanings given such terms in sections 3 and 271 of such Act.

Summary: TABLE OF CONTENTS: Title I: Antitrust and Criminal Provisions Title II: Additional Provisions Internet Freedom Act - Title I: Antitrust and Criminal Provisions - Provides that in any civil action based on antitrust violations, evidence that an incumbent local exchange carrier that has market power in the broadband service provider market area has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible, or restrains the ability of another carrier to compete in the provision of such services, shall establish a presumption of an antitrust violation. Establishes an identical presumption in the case of a broadband access transport provider that has market power in the broadband service provider market who has offered access to a service provider on terms and conditions less favorable than those otherwise offered, or restrains unreasonably the ability of another provider from competing in the provision of such services. Defines: (1) broadband as a transmission capability in excess of 200 kilobits per second in at least one direction; and (2) a broadband access transport provider as one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Makes it unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices in the provision of such services. Amends the Federal criminal code to provide criminal penalties against anyone who intentionally: (1) and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, or other identifier; or (2) sells or distributes any computer program designed primarily to conceal the source or routing information on such mail, has only limited commercially significant purpose or use, or is marketed by the violator or another person acting in concert with the violator with the violator's knowledge of such use. Title II: Additional Provisions - Amends the Communications Act of 1934 to require each local exchange carrier to submit to the State communications commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers, as soon as such service is economically reasonable and technically feasible. Considers such plan certified unless rejected within 45 days. Requires plan implementation within 180 days (if reasonable and feasible). Prohibits State or Federal Communications Commission (FCC) modification of such plans. Provides that interLATA services shall not include services that consist of or include the transmission of any data or information by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology. Prohibits a Bell operating company or its affiliate from providing, by the Internet or similar network employing such technology, two-way voice only interLATA telecommunications services originating in any of its in-region States until the FCC approves the application of such company for such State.


SECTION 1. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS. (a) Requirements for Use of Labels.--No product may bear a label which states or suggests that the product was made in America unless-- (1) the product has been registered with the Department of Commerce under subsection (b); and (2) the Secretary of Commerce has determined that-- (A) not less than 60 percent of the product was manufactured in the United States; and (B) final assembly of the product took place in the United States. (b) Registry of American-Made Products.--Not later than 12 months after the Secretary has promulgated regulations regarding the registration of products with the Department of Commerce under this section, a person shall register with the Department of Commerce any product on which there is or will be affixed a label which states or suggests that the product was made in America. (c) Penalties for Fraudulent Use of Labels.-- (1) Civil fine.--Any person who, with an intent to defraud or mislead, places on a product a label which states or suggests that the product was ``made in America'' in violation of this section may be assessed a civil penalty by the Secretary of not more than $100,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. The validity of such order may not be reviewed in an action to collect such civil penalty. (2) Injunctive relief.--The Secretary may bring an action to enjoin the violation of, or to compel compliance with, this section, whenever the Secretary believes that such a violation has occurred or is about to occur. (d) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall promulgate regulations establishing procedures under which a person shall register a product under this section. (e) Definitions.--For purposes of this section: (1) Label.--The term ``label'' means any written, printed, or graphic matter on, or attached to, a product or any of its containers or wrappers. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 2. ADDITIONAL INFORMATION TO CONSUMERS REGARDING FOREIGN CONTENT OF IMPORTED ARTICLES. (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended as follows: (1) Subsections (f), (g), and (h) are redesignated as subsections (g), (h), and (i), respectively. (2) The following new subsection is inserted after subsection (e): ``(f) Additional Foreign Content Marking.--If an article of foreign origin is required to be marked under subsection (a), or its container is required to be marked under subsection (b), and such article is assembled, in whole or part, from parts that are the product of one or more foreign countries that are not the country of origin for purposes of subsection (a) or (b), the article or container shall be marked in such manner as to indicate, or shall be accompanied by such written, printed, or graphic matter that indicates, in English to the ultimate purchaser in the United States the proportion of the customs value of such article that is accounted for by the parts from each such foreign country.''. (3) Subsection (g) (as redesignated by paragraph (1)) is amended by striking out ``section,'' and inserting ``section (including the requirements relating to parts valuation under subsection (f)),''. (4) Subsection (h) (as redesignated by paragraph (1)) is amended by striking out ``subsection (f)'' and inserting ``subsection (g)''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 3. LABELING OF DOMESTIC PRODUCTS WITH FOREIGN PARTS. (a) Requirements for Use of Labels.--Any product which is manufactured in the United States and which is assembled, in whole or in part, from any part that is the product of a foreign country shall, in its labeling for the ultimate purchaser in the United States-- (1) disclose the country of origin of such part, and (2) state the proportion of the cost of such product which is accounted for by such part. (b) Penalties for Violations of Subsection (a).-- (1) Civil fine.--Any person who, with an intent to defraud or mislead, fails to label a product in accordance with subsection (a) may be assessed a civil penalty by the Secretary of not more than $100,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. The validity of such order may not be reviewed in an action to collect such civil penalty. (2) Injunctive relief.--The Secretary may bring an action to enjoin the violation of, or to compel compliance with, subsection (a), whenever the Secretary believes that such a violation has occurred or is about to occur. (c) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall promulgate regulations respecting labeling of products under subsection (a). (d) Definitions.--For purposes of this section, the term ``Secretary'' means the Secretary of Commerce.

Summary: Prohibits a label on a product stating that the product was made in America unless: (1) the product is registered with the Department of Commerce as required by this Act; (2) at least 60 percent of the product was manufactured in the United States; and (3) final assembly took place in this country. Amends the Tariff Act of 1930 to require products to provide additional information to consumers regarding the foreign content of imported articles. Requires any product manufactured in this country and which is assembled with a part from a foreign country to state on its label: (1) the country of origin of such part; and (2) the proportion of the cost of such product which is accounted for by such part. Sets forth penalties for violating provisions of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Land Use Notification Act of 1993''. SEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PROVIDE NOTICE TO DISTRICT OF COLUMBIA BEFORE CARRYING OUT ACTIVITIES AFFECTING PROPERTY LOCATED IN DISTRICT. (a) Requirements for General Services Administration.-- (1) In general.--Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the following new section: ``notice to district of columbia of activities affecting property located in the district ``Sec. 213. (a) Except as provided in subsection (b), the Administrator may not carry out any activity under this title that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless-- ``(1) not later than 60 days before carrying out such activity, the Administrator provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and ``(2) the Administrator provides the individuals described in paragraph (1) with the opportunity to present oral or written comments on the activity to the Administrator (or the Administrator's designee) before the Administrator carries out the activity. ``(b) The Administrator may waive the requirements described in subsection (a) if the Administrator finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the Administrator-- ``(1) certifies such finding and the reasons for such finding to the individuals described in paragraph (1) of such subsection and to Congress; and ``(2) at the earliest time practicable, provides such individuals with the notice described in paragraph (1) of such subsection and the opportunity to present comments described in paragraph (2) of such subsection.''. (2) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 212 the following new item: ``Sec. 213. Notice to District of Columbia of activities affecting property located in the District.''. (b) Notice Requirements for Other Covered Agencies.-- (1) In general.--Except as provided in paragraph (2), a covered agency (as defined in paragraph (3)) may not carry out any activity that affects real property located in the District of Columbia unless-- (A) not later than 60 days before carrying out such activity, such agency provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and (B) the agency provides the individuals described in subparagraph (A) with the opportunity to present oral or written comments on the activity to a representative of the agency before the agency carries out the activity. (2) Exception for emergencies.--A covered agency may waive the requirements of paragraph (1) if the agency finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the agency-- (A) certifies such finding and the reasons for such finding to the individuals described in subparagraph (A) of such paragraph and to Congress; and (B) at the earliest time practicable, provides such individuals with the notice described in subparagraph (A) of such paragraph and the opportunity to present comments described in subparagraph (B) of such paragraph. (3) Covered agency defined.--In this subsection, the term ``covered agency'' means any of the following: (A) The Architect of the Capitol. (B) The National Park Service. (C) The Smithsonian Institution. (c) Prior Approval for Events at Tennis Stadium at Rock Creek Park.--No event may be held at the William H. G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. SEC. 3. EFFECTIVE DATE. The amendments made by section 2(a) shall apply to activities carried out after the expiration of the 60-day period that begins on the date of the enactment of this Act, and sections 2 (b) and (c) shall apply to activities carried out and events held after the expiration of such period.

Summary: District of Columbia Land Use Notification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to prohibit the Administrator of General Services, the Architect of the Capitol, the National Park Service, and the Smithsonian Institution from carrying out any activity that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless the following individuals are notified with an opportunity to comment: (1) the Mayor of the District of Columbia; (2) the Chair of the Council of the District; and (3) the Chair of the Advisory Neighborhood Commission in whose neighborhood such property is located. Prohibits an event from being held at the William H.G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. Authorizes the Administrator to waive the requirements of this Act if compliance would jeopardize public safety or national security interests: (1) upon certifying such finding to such individuals; and (2) providing the individuals with a notice and an opportunity to comment.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Oil Subsidy Elimination for New Strategies on Energy Act'' or the ``Oil SENSE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 Sec. 101. Termination of certain provisions of the Energy Policy Act of 2005. TITLE II--SUSPENSION OF ROYALTY RELIEF Sec. 201. Suspension of royalty relief. Sec. 202. Renegotiation of existing leases. TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES Sec. 301. Repeal of tax subsidies enacted by the Energy Policy Act of 2005 for oil and gas. SEC. 2. FINDINGS. Congress finds that-- (1) record highs in oil and natural gas prices have resulted in record profits for oil and natural gas producers and refiners; (2) oil prices are projected to remain high for the foreseeable future; (3) the Department of the Interior estimates that as much as $66,000,000,000 worth of oil and natural gas taken from the deep waters of the Gulf of Mexico over the next 5 years will be exempt from Government royalty payments, which could amount to the Government losing an estimated $7,000,000,000 to $9,500,000,000 based on anticipated production and current price projections for oil and gas, according to an analysis in the 5-year budget plan of the Department of the Interior; (4) the chief executive officers of the top 5 oil companies stated at a November 9, 2005, joint hearing of the Committee on Energy and Natural Resource of the Senate and the Committee on Environment and Public Works of the Senate that their companies did not need the Federal tax incentives provided in the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); (5) the Statement of Administration Policy of June 14, 2005, on the energy bill that would become the Energy Policy Act of 2005 states, ``The President believes that additional taxpayer subsidies for oil-and-gas exploration are unwarranted in today's price environment, and urges the Senate to eliminate the Federal oil-and-gas subsidies and other exploration incentives contained in the bill.''; and (6) incentives for the energy industry should be focused on the development of renewable energy resources in the United States that will also promote, jobs, investment, innovation, and economic development in rural, agriculture-dependent areas. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 SEC. 101. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005. (a) In General.--The following provisions of the Energy Policy Act of 2005 are repealed as of the date of enactment of this Act: (1) Section 343 (42 U.S.C. 15903) (relating to marginal property production incentives). (2) Section 344 (42 U.S.C. 15904) (relating to incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico). (3) Section 345 (42 U.S.C. 15905) (relating to royalty relief for deep water production). (4) Section 346 (Public Law 109-58; 119 Stat. 794) (relating to Alaska offshore royalty suspension). (5) Section 357 (42 U.S.C. 15912) (relating to comprehensive inventory of OCS oil and natural gas resources). (6) Section 362 (42 U.S.C. 15921) (relating to management of Federal oil and gas leasing programs). (7) Subtitle J of title IX (42 U.S.C. 16371 et seq.) (relating to ultra-deepwater and unconventional natural gas and other petroleum resources). (b) Termination of Alaska Offshore Royalty Suspension.-- (1) In general.--Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the Planning Areas offshore Alaska''. (2) Effective date.--The amendment made by this subsection shall take effect as of the date of enactment of this Act. TITLE II--SUSPENSION OF ROYALTY RELIEF SEC. 201. SUSPENSION OF ROYALTY RELIEF. (a) In General.--Subject to subsection (c), the Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring after the date of enactment of this Act during any period in which-- (1) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $34.71 per barrel; and (2) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $4.34 per 1,000 cubic feet. (b) Determination of Average Prices.--For purposes of subsection (a), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (c) Required Adjustment.--For fiscal year 2008 and each subsequent fiscal year, each dollar amount specified in subsection (a) shall be adjusted to reflect changes for the 1-year period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 202. RENEGOTIATION OF EXISTING LEASES. (a) Requirement.--The Secretary shall renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in section 201(a). (b) Failure to Renegotiate and Modify.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee under a lease described in subsection (a) shall not be eligible-- (1) to enter into a new lease described in that subsection; or (2) to obtain by sale or other transfer any lease issued before that date, unless the lessee-- (A) renegotiates the lease; and (B) enters into an agreement with the Secretary to modify the terms of the lease in accordance with subsection (a). TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 PROVIDING TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election to Expense Certain Refineries.-- (1) In general.--Subparagraph (B) of section 179C(c)(1) of the Internal Revenue Code of 1986 (relating to qualified refinery property) is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (b) Repeal of Treatment of Natural Gas Distribution Lines as 15- Year Property.-- (1) In general.--Clause (viii) of section 168(e)(3)(E) of such Code (relating to 15-year property) is amended by striking ``January 1, 2011'' and inserting ``the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year Property.-- (1) In general.--Clause (iv) of section 168(e)(3)(C) of such Code (relating to 7-year property) is amended by inserting ``and which is placed in service before the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act'' after ``April 11, 2005,''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (d) Repeal of New Rule for Determining Small Refiner Exception to Oil Depletion Deduction.-- (1) In general.--Paragraph (4) of section 613A(d) of such Code (relating to certain refiners excluded) is amended to read as follows: ``(4) Certain refiners excluded.--If the taxpayer or a related person engages in the refining of crude oil, subsection (c) shall not apply to such taxpayer if on any day during the taxable year the refinery runs of the taxpayer and such person exceed 50,000 barrels.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. (e) Repeal of Amortization of Geological and Geophysical Expenditures.-- (1) In general.--Section 167 of such Code (relating to depreciation) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (2) Conforming amendment.--Section 263A(c)(3) of such Code is amended by striking ``167(h),''. (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act.

Summary: Oil Subsidy Elimination for New Strategies on Energy Act or the Oil SENSE Act - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) incentives for production from marginal oil wells; (2) incentives for natural gas production in the Gulf of Mexico; (3) royalty relief for deep water production; (4) Alaska offshore royalty suspension; (5) the inventory of Outer Continental Shelf oil and natural gas resources; (6) management of federal oil and gas leasing programs; and (7) ultra-deepwater and unconventional natural gas and other petroleum resources. Requires the Secretary of the Interior to: (1) suspend royalty relief for producers of oil or natural gas on federal lands during periods in which oil and natural gas production is at certain levels; and (2) renegotiate certain existing leases for oil and natural gas production on federal land. Repeals provisions of the Internal Revenue Code relating to: (1) the election to expense certain costs associated with liquid fuel refineries; (2) accelerated depreciation of natural gas distribution lines and natural gas gathering lines; and (3) accelerated amortization of geological and geophysical expenditures. Reduces the daily barrel production requirement (from 75,000 to 50,000) applicable to small refiners eligible for the exemption from limitations on the oil and gas depletion allowance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Gift Card Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Debit card.--The term ``debit card'' has the meaning given the term in section 603(r)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681a(r)(3)). (2) Dormancy fee; inactivity charge or fee.--The terms ``dormancy fee'' and ``inactivity charge or fee'' mean a fee, charge, or penalty for non-use or inactivity of a gift certificate, store gift card, or general-use prepaid card. (3) Financial institution.--The term ``financial institution'' has the meaning given the term in section 603(t) of the Fair Credit Reporting Act (15 U.S.C. 1681a(t)). (4) General-use prepaid card, gift certificate, and store gift card.-- (A) General-use prepaid card.--The term ``general- use prepaid card'' means a card or other electronic payment device issued by a financial institution or licensed money transmitter that is-- (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; (ii) issued in a requested amount whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; (iii) purchased or loaded on a prepaid basis; and (iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines. (B) Gift certificate.--The term ``gift certificate'' means a written promise that is-- (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and cannot be increased; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (C) Store gift card.--The term ``store gift card'' means a plastic card or other electronic payment device that is-- (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and may or may not be increased in value or reloaded; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (D) Exclusions.--The terms ``general-use prepaid card'', ``gift certificate'', and ``store gift card'' do not include a written promise, plastic card, or other electronic device that is-- (i) used solely for telephone services; or (ii) associated with a demand deposit, checking, savings, or similar account that-- (I) is in the name of an individual or on behalf of an individual at a bank or financial institution; and (II) provides payment solely by debiting such account. (5) Licensed money transmitter.--The term ``licensed money transmitter'' means a person who sells or issues payment instruments or engages in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including payment instrument, wire, facsimile, or electronic transfer. (6) Service fee.--The term ``service fee'' means a periodic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES REGARDING GIFT CARDS. (a) Prohibition on Imposition of Fees or Charges.-- (1) In general.--Except as provided under paragraphs (2) through (4), it shall be unlawful for any person to impose, with respect to a gift certificate, store gift card, or general-use prepaid card, a dormancy fee, inactivity charge or fee, or a service fee. (2) Exception.--A dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certificate, store gift card, or general-use prepaid card if-- (A) such certificate or card has a remaining value of $5 or less at the time such charge or fee is assessed; (B) such charge or fee does not exceed $1; (C)(i) there has been no activity with respect to the certificate or card in the 24-month period ending on the date the charge or fee is imposed; and (ii) the certificate or card was issued more than 24 months before such date; (D) the holder of the certificate or card may reload or add value to the certificate or card; and (E) the disclosure requirements of paragraph (3) are met. (3) Disclosure requirements.--The disclosure requirements of this paragraph are met if-- (A) the gift certificate, store gift card, or general-use prepaid card clearly and conspicuously states in at least 10-point type-- (i) that a dormancy fee, inactivity charge or fee, or service fee may be charged; (ii) the amount of such fee or charge; (iii) how often such fee or charge may be assessed; and (iv) that such fee or charge may be assessed for inactivity; and (B) the issuer of such certificate or card informs the purchaser of such charge or fee before such certificate or card is purchased, regardless of whether the certificate or card is purchased in person, over the Internet, or by telephone. (4) Exclusion.--The prohibition under paragraph (1) shall not apply to gift certificates that-- (A)(i) are distributed pursuant to an award, loyalty, or promotional program; and (ii) with respect to which there is no money or other value exchanged; or (B)(i) expire not later than 30 days after the date they are sold; and (ii) are sold below the face value of the certificate to an employer or to a nonprofit or charitable organization for fund-raising purposes. (b) Prohibition on Sale of Gift Cards With Expiration Dates.-- (1) In general.--Except as provided under paragraph (2), it shall be unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. (2) Exceptions.--A gift certificate, store gift card, or general-use prepaid card may contain an expiration date if-- (A) the expiration date is not less than 5 years after the date on which the card is purchased; and (B) the terms of expiration are prominently disclosed in all capital letters that are at least 10- point type. SEC. 4. RELATION TO STATE LAWS. This Act and any regulations or standards established pursuant to this Act shall not supersede any provision of State law with respect to dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards. SEC. 5. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Individual Cause of Action.--Nothing in this Act shall be construed to limit an individual's rights to enforce a State law relating to unfair or deceptive acts or practices.

Summary: Fair Gift Card Act of 2009 - Declares it unlawful, with certain exceptions, for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. Declares it unlawful, with certain exceptions, for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. Requires any violation of this Act to be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.