SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2 ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. (a) In General.--Section 401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2)) is amended by adding at the end the following: ``(F) The National Center for Social Work Research.''. (b) Establishment.--Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the following: ``Subpart 5--National Center for Social Work Research ``SEC. 485G. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of information with respect to basic, clinical, and services social work research, training, and other programs in patient care, including child and family care. ``SEC. 485H. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485G, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, and the social work care of persons with and families of individuals with acute and chronic illnesses, including child abuse and neglect and child and family care. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485I. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country as to the diseases, disorders, or other aspects of human health with respect to which the Center is concerned and, with the approval of the Director of the Center, make such information available through appropriate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, and the Director of the Division of Epidemiology and Services Research (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485J-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485J. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485I(g).''.

Summary: National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Capital Area Physician Emergency Assistance Act''. SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES. (a) Declaration by President.--If the President declares that a public health emergency is in effect in the National Capital Area, then during the period in which the emergency is in effect, any physician who holds a valid medical license issued by an Area State government-- (1) may provide, in any part of such Area, health services to victims of the emergency to the same extent as the physician is authorized to provide health services within the jurisdiction of the Area State government that issued the license, notwithstanding the law of the other Area State governments; and (2) is not liable for any harm caused by any act or omission of the physician in providing, in any part of such Area, health services to victims of the emergency, notwithstanding the law of any of the Area State governments, unless the harm is caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of others. (b) Declaration by Chief Executive Official of Area State Government.-- (1) Maryland.--For any period during which a public health emergency is in effect in an Area portion of the State of Maryland, pursuant to a qualifying declaration by the Governor of Maryland, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (2) Virginia.--For any period during which a public health emergency is in effect in an Area portion of the State of Virginia, pursuant to a qualifying declaration by the Governor of Virginia, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (3) District of columbia.--For any period during which a public health emergency is in effect in the District of Columbia, pursuant to a qualifying declaration by the Mayor of such District, subsection (a) applies to health services provided within the District by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (4) Qualifying declaration.-- (A) In general.--A declaration by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia, as the case may be, that a public health emergency is in effect is, for purposes of this subsection, a qualifying declaration if-- (i) before officially declaring such emergency, such chief executive official notifies the Secretary of Health and Human Services of the intent to officially declare the emergency; and (ii) the Secretary does not, within 12 hours after such official provides the notice, inform the official that the Secretary has disapproved the declaration on the basis that the Secretary has determined that the declaration is not necessary to protect the public health. (B) Delegation of functions of secretary.--The Secretary of Health and Human Services may, temporarily or otherwise, delegate the functions of the Secretary under subparagraph (A) to the Assistant Secretary for Health or any of the heads of the agencies of the Public Health Service. (5) Relationship between declarations.--With respect to the public health emergency involved, a declaration by the President under subsection (a), including the period in which the emergency is declared to be in effect, supersedes any declaration under this subsection by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia. SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF CREDENTIALS OF PHYSICIAN VOLUNTEERS. (a) In General.--The Secretary of Health and Human Services shall, directly or through an award of a grant, contract, or cooperative agreement, establish and maintain a system for verifying the credentials, licenses, and hospital privileges of individuals who, during a public health emergency in the National Capital Area or portion thereof as declared under section 2, volunteer to serve in such Area as physicians (referred to in this section as the ``verification system''). In carrying out the preceding sentence, the Secretary shall provide for an electronic database for the verification system. (b) Certain Criteria.--The Secretary shall establish criteria regarding the verification system under subsection (a), including provisions regarding the promptness and efficiency of the system in collecting, storing, updating, and disseminating information on the credentials, licenses, accreditations, and hospital privileges of volunteers described in subsection (a). (c) Advance Registration of Volunteers.--In order to facilitate the availability of physicians during a public health emergency in the National Capital Area, the Secretary shall provide for the advance registration with the system of physicians who are willing to serve as volunteers described in subsection (a), and may carry out activities to encourage physicians to register with the system. (d) Other Assistance.--The Secretary may make grants and provide technical assistance to Area State governments and other public or nonprofit private entities for activities relating to the verification system developed under subsection (a). (e) Rule of Construction.--This section may not be construed as authorizing the Secretary to issue requirements regarding the provision by the Area State governments of credentials, licenses, accreditations, or hospital privileges. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term ``Area portion'' means the portion of the State of Maryland or the State of Virginia, as the case may be, that is within the National Capital Area. (2) The term ``Area State governments'' means the governments of the States of Maryland and Virginia and the government of the District of Columbia. (3) The term ``National Capital Area'' means-- (A) the District of Columbia; (B) the counties of Montgomery and Prince George's in the State of Maryland; (C) the cities of Alexandria, Fairfax, Falls Church, and Manassas in the State of Virginia, and the counties of Arlington, Fairfax, Loudon, and Prince William in such State; and (D) such additional jurisdictions in the State of Maryland or Virginia as the President may designate in a declaration under subsection (a) that a public health emergency is in effect. (4) The term ``Secretary'' means the Secretary of Health and Human Services.

Summary: National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area.Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service.Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Judgment Evading Foreign States Accountability Act of 2008''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to protect the economic interests of the United States and its citizens from the irresponsible conduct of certain foreign states, and agencies and instrumentalities of such states, that willfully refuse to satisfy United States court judgments. SEC. 3. FINDINGS. Congress finds the following: (1) Foreign states and instrumentalities that do business or raise capital in the United States, and then refuse to satisfy judgments of United States courts entered against them in connection with disputes resulting from these activities, inflict billions of dollars of damage on United States taxpayers, and undermine the credibility of the United States courts. (2) The Republic of Argentina is a recent and egregious example of such behavior. Argentina has borrowed tens of billions of dollars in the United States capital markets through the issuance of bonds, notes, and other securities pursuant to which it agreed to be subject to the jurisdiction of the United States courts in actions relating to those bonds notes and securities, and both waived and pledged not to assert immunity in such actions. Argentina defaulted on its debt to foreign creditors in 2001, and scores of judgments, totaling more than $2,000,000,000, have been entered against it by the United States courts based on its default. Rather than satisfy these obligations, Argentina has expressed its intention never to pay any of the resulting judgments. (3) Since its default in 2001, Argentina's economy has recovered dramatically. This recovery has enabled Argentina to accumulate foreign exchange reserves worth tens of billions of dollars, and to use those reserves to pay some creditors preferentially over United States citizens and holders of United States court judgments. (4) Other foreign states have expressed interest in following Argentina's lead. For example, the Republic of Ecuador has recently threatened to default on and repudiate part of its sovereign debt, citing Argentina's default approvingly as a precedent. (5) Foreign states that engage in such behavior can infect the management of businesses within their borders with their profligate and irresponsible habits. When the lax ethical standards that permit government officials to flout lawful judgments corrupt the corporate behavior as well, the injury to United States taxpayers is intensified. (6) United States taxpayers who are injured by such irresponsible conduct often have little or no recourse. The existing laws of the United States are highly protective of foreign states, and public and private corporations of judgment evading foreign states often enjoy a safe haven within their home country's borders from those who are injured by their behavior. (7) Action by the United States Government to combat this growing problem must include measures that both protect United States taxpayers against the irresponsible conduct of judgment evading foreign states and their domestic corporations, and motivate such states and corporations to raise their standards of behavior. (8) An effective means of achieving this important objective without impinging on the President's freedom to act in the foreign policy arena is to deprive judgment evading foreign states and their domestic corporations of the privilege of raising capital in the United States until those states demonstrate that such measures are no longer necessary by satisfying all outstanding judgments of the United States courts. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Judgment evading foreign state.--The term ``judgment evading foreign state'' means any foreign state that-- (A) has one or more judgments entered against the foreign state by any United States district court or the court of any State, the combined amount of which exceeds $1,000,000; and (B) fails to satisfy in full any such judgment for a period of more than 6 months after the judgment becomes a final judgment. (2) Domestic corporation of a judgment evading foreign state.--The term ``domestic corporation of a judgment evading foreign state'' means any corporation or entity, other than a natural person-- (A) that is organized under the laws of a judgment evading foreign state; or (B) a majority of the shares or other ownership interest of which is held, either directly or indirectly, by a judgment evading foreign state, or by one or more corporations or entities that is organized under the laws of a judgment evading foreign state. (3) Final judgment.--The term ``final judgment'' means any judgment of a United States district court or the court of any State, that is no longer eligible to be appealed to any court in the United States. (4) Foreign state.--The term ``foreign state'' has the meaning given that term in 1603(a) of title 28, United States Code. (5) International organization.--The term ``international organization'' means an entity designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act (22 U.S.C. 288 et seq.). (6) State.--The term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 5. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to advocate within the governing bodies of international organizations and in other foreign policy settings for the full compensation and fair treatment of United States citizens and other persons in whose favor judgments have been awarded by the United States courts; (2) to seek to protect the economic interests of United States taxpayers by restricting the access to the United States capital markets of judgment evading foreign states, and subjecting to Congressional scrutiny requests for aid made by judgment evading foreign states to the United States Government; (3) to seek to protect the authority of the United States courts by preventing judgment evading foreign states from willfully flouting the judgments of those courts; and (4) to enforce a series of mandatory penalties, increasing over time, to prevent judgment evading foreign states from engaging in such misconduct. SEC. 6. BAR ON ACCESS TO UNITED STATES CAPITAL MARKETS. The Securities and Exchange Commission shall take all effective measures to deny every judgment evading foreign state access to United States capital markets, including the ability, directly or indirectly, to borrow or sell securities in the United States unless the proceeds of such borrowing or sale are to be used, in the first instance, to satisfy in full all final judgments that form the basis for that foreign state's designation as a judgment evading foreign state. If any judgment evading foreign state remains in default on any such final judgment for more than 2 years, the Securities and Exchange Commission shall take all measures to deny any domestic corporation of a judgment evading foreign state access to the United States capital markets. SEC. 7. REQUESTS FOR AID OR ASSISTANCE FROM JUDGMENT EVADING FOREIGN STATES. (a) Bilateral Assistance.--Whenever any proposal is made to a department, agency, or other instrumentality of the United States Government to extend aid, a loan, or any other form of assistance to a judgment evading foreign state, the head of the department, agency, or other instrumentality may consider the proposal only if it bears prominently the legend described in subsection (c). (b) Multilateral Assistance.--Whenever any proposal is made to an international organization of which the United States is a member to extend aid, a loan, or any other form of assistance to a judgment evading foreign state, the Secretary of State shall provide notice of such proposal to the Congress in a prompt manner. Such notice shall bear prominently the legend described in subsection (c). (c) Legend Described.--The legend of a proposal referred to in subsection (a) and the legend of a notice referred to in subsection (b) is the following: ``REQUEST FOR GRANT-IN-AID OR LOAN BY A JUDGMENT EVADING FOREIGN STATE''. SEC. 8. REPORTS; RECOMMENDATIONS OF ADDITIONAL MEASURES. (a) Report.--Not later than January 31 of each year, the Secretary of the Treasury shall provide a report, in writing, to the Congress identifying each judgment evading foreign state, and, for each such judgment evading foreign state-- (1) setting forth the basis of the Secretary's determination that it meets the definition of judgment evading foreign state; (2) quantifying the impact on the United States economy, and the cost to United States taxpayers, of the unsatisfied final judgments that form the basis for the foreign state's designation as a judgment evading foreign state; and (3) describing all measures that the Department of the Treasury, the Department of Commerce, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and representatives of the United States before international organizations have taken in the preceding year to carry out this Act. (b) Termination of Designation as Judgment Evading Foreign State.-- At such time as the Secretary of the Treasury determines that a foreign state no longer qualifies as a judgment evading foreign state, the Secretary shall so certify to the Congress no later than in the next annual report to Congress under subsection (a), at which time the requirements and prohibitions under this Act shall no longer apply to such former judgment evading foreign state. (c) Responsibilities of Other Departments.--In every report prepared by the Secretary of State, the Secretary of the Treasury, or the Secretary of Commerce for the public relating to the economic risk or investment climate of a judgment evading foreign state, such Secretary shall reference the findings of the Secretary of the Treasury from the Secretary of the Treasury's most recent annual report to Congress under subsection (a) relating to the unsatisfied final judgments outstanding against the judgment evading foreign state. (d) Recommendations to Congress.--The Secretary of the Treasury shall provide to the Congress written recommendations on additional measures to carry out the purposes of this Act.

Summary: Judgment Evading Foreign States Accountability Act of 2008 - Directs the Securities and Exchange Commission (SEC) to deny a judgment evading foreign state (as defined by this Act) access to U.S. capital markets unless the proceeds of such borrowing or sale are to be used to satisfy in full all final judgments that form the basis for such designation as a judgment evading foreign state. Requires: (1) a proposal to extend bilateral or multilateral assistance to a judgment evading state to bear notice that such state is a judgment evading state; and (2) the Secretary of the Treasury to report annually to Congress identifying each such state.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Domestic Violence and Stalking Victims Act''. SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF DOMESTIC VIOLENCE'' EXPANDED. Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (32)-- (A) by striking ``and an individual'' and inserting ``an individual''; and (B) by inserting ``, or a dating partner (as defined in section 2266) or former dating partner'' before the period at the end; and (2) in paragraph (33)(A)(ii)-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by a dating partner (as defined in section 2266) or former dating partner of the victim'' before the period at the end. SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER. Section 922(d)(8) of title 18, United States Code, is amended to read as follows: ``(8) is subject to a court order described in subsection (g)(8); or''. SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM EXPANDED. Section 922(g)(8) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``that''; (2) by striking subparagraphs (A) and (B) and inserting the following: ``(A)(i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or ``(ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided-- ``(I) within the time required by State, tribal, or territorial law; and ``(II) in any event within a reasonable time after the order is issued, sufficient to protect the person's right to due process; ``(B) that restrains such person from-- ``(i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or ``(ii) intimidating or dissuading a witness from testifying in court; and''; and (3) in subparagraph (C)-- (A) by striking ``intimate partner or child'' each place it appears and inserting ``individual described in subparagraph (B)''; (B) in clause (i), by inserting ``that'' before ``includes''; and (C) in clause (ii), by inserting ``that'' before ``by its''. SEC. 5. STALKING PROHIBITIONS. (a) Sales or Other Dispositions of Firearms or Ammunition.--Section 922(d) of title 18, United States Code, as amended by section 3 of this Act, is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of-- ``(A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or ``(B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States.''. (b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of such title, as amended by section 4 of this Act, is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of-- ``(A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or ``(B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States,''.

Summary: Protecting Domestic Violence and Stalking Victims Act Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student, or from intimidating or dissuading a witness from testifying in court; or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Relief Act of 2005''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Base Price Defined.--For purposes of this chapter, the term `base price' means $40 for each barrel of taxable crude oil. ``(d) Qualified Investment.--For purposes of this chapter, the term `qualified investment' means any amount paid or incurred with respect to any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date). ``SEC. 5898. SPECIAL RULES AND DEFINITIONS . ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of the Gas Price Relief Act of 2005, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This chapter shall not apply to taxable crude oil removed after the date which is 1 year after the date of the enactment of this section.''. (b) Transfer of Windfall Profit Tax Receipts to Highway Trust Fund.--Paragraph (1) of section 9503(b) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 5896 (relating to windfall profits tax on crude oil).''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall profit on crude oil''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2005, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 3. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Reduction of Highway Motor Fuel Taxes.-- ``(1) In general.--During the reduction period, the rate of tax imposed by section 4041 (other than subsection (d) thereof) or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10 cents per gallon. ``(2) Definitions and special rule.--For purposes of this subsection-- ``(A) Reduction period.--The term `reduction period' means the 1-year period beginning on the date of enactment of the Gas Price Relief Act of 2005. ``(B) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 4. MAINTENANCE OF TRUST FUNDS DEPOSITS; AMOUNTS APPROPRIATED TO TRUST FUNDS TREATED AS TAXES. (a) In General.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to the Highway Trust Fund an amount equal to the excess (if any) of-- (1) the amount (but for this subsection) of reduced revenues received in the Highway Trust Fund as a result of a reduction in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by section 3 of this Act), over (2) amounts appropriated to the Highway Trust Fund by section 9503(b)(1)(F) of the Internal Revenue Code of 1986 (relating to windfall profits tax on crude oil). (b) Special Rules.--Amounts appropriated by subsection (a) to the Highway Trust Fund-- (1) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had section 3 of this Act not been enacted, and (2) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). SEC. 5. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax rate reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (2) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax rate reduction date based on a request submitted to the taxpayer before the date which is 3 months after the tax rate reduction date by the dealer who held the highway motor fuel on such date, and (2) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) Tax rate reduction date.--The term ``tax rate reduction date'' means the first day of the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986 (as added by section 3 of this Act)). (2) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (e) Certain Rules to Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 6. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the 45th day after the tax restoration date. (c) Definitions.--For purposes of this section-- (1) Tax restoration date.--The term ``tax restoration date'' means the first day after the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (2) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (3) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (e) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (f) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such sections.

Summary: Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to impose an excise tax, for a one-year period, on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil; (2) allow a tax deduction for the payment of any windfall profit tax; (3) reduce by 10 percent the excise tax on highway motor fuels for a period of one year after the enactment of this Act; (4) provide for transfers of windfall profit tax receipts and amounts from the general fund to the Highway Trust Fund; and (5) make adjustments to highway motor fuel taxes for floor stocks of such fuels held by dealers prior to, or after, the effective date of reduction in such taxes under this Act. Defines "windfall profit" as the excess of the removal (sales) price of a barrel of taxable crude oil over the base price ($40 per barrel) of such barrel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Data Broker Accountability and Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Data broker.--The term ``data broker'' means a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide third party access to the information. (3) Non-public information.--The term ``non-public information'' means information about an individual that is of a private nature, not available to the general public, and not obtained from a public record. (4) Public record information.--The term ``public record information'' means information about an individual that has been obtained originally from records of a Federal, State, or local government entity that are available for public inspection. SEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO OBTAIN PERSONAL INFORMATION BY FALSE PRETENSES. (a) In General.--It shall be unlawful for a data broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing any document to any person, that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. (b) Solicitation.--It shall be unlawful for a data broker to request a person to obtain personal information, or any other information, relating to any other person if the data broker knows or should know that the person to whom the request is made will obtain or attempt to obtain that information in the manner described in subsection (a). SEC. 4. PERSONAL INFORMATION. (a) Accuracy.--A data broker shall establish reasonable procedures to ensure the maximum possible accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, unless the information only identifies an individual's name or address. (b) Exception; Fraud Databases.--Notwithstanding subsection (a), a data broker may collect or maintain information that may be inaccurate with respect to a particular individual if that information is being collected or maintained solely for the purpose of-- (1) indicating whether there may be a discrepancy or irregularity in the personal information that is associated with an individual; (2) helping to identify, or to authenticate the identity of, an individual; or (3) helping to protect against or investigate fraud or other unlawful conduct. (c) Consumer Access.--A data broker shall provide an individual a means to review any personal information or other information that specifically identifies that individual, that the data broker collects, assembles, or maintains on that individual, unless an exception applies under section 5. (d) Review Requirements.--The means for review under subsection (c) shall be provided-- (1) at an individual's request; (2) after verifying the identity of the individual; (3) at least 1 time per year; and (4) at no cost to the individual. (e) Notice.--A data broker shall maintain an Internet Web site and place a clear and conspicuous notice on that Internet Web site instructing an individual-- (1) how to review the information described under subsection (c); and (2) how to express a preference with respect to the use of personal information for marketing purposes under subsection (g). (f) Disputed Information.--An individual whose personal information is maintained by a data broker may dispute the accuracy of any information described under subsection (c) by requesting, in writing, that the data broker correct the information. A data broker, after verifying the identity of the individual making the request, and unless there are reasonable grounds to believe the request is frivolous or irrelevant, shall-- (1) with regard to public record information-- (A) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (B) if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records; and (2) with regard to non-public information-- (A) note the information that is disputed, including the individual's written request; (B) if the information can be independently verified, use the reasonable procedures established under subsection (a) to independently verify the information; and (C) if the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records. (g) Certain Marketing Information.--A data broker that maintains any information described under subsection (a) and that uses, shares, or sells that information for marketing purposes shall provide each individual whose information it maintains with a reasonable means of expressing a preference not to have that individual's information used for those purposes. If an individual expresses such a preference, the data broker may not use, share, or sell that individual's information for marketing purposes. (h) Persons Regulated by the Fair Credit Reporting Act.--A data broker shall be deemed in compliance with this section with respect to information that is subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) if the data broker is in compliance with sections 609, 610, and 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i). SEC. 5. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to implement and enforce the requirements of this Act, including-- (1) a requirement that a data broker establish measures that facilitate the auditing or retracing of any internal or external access to, or transmission of, any data containing personal information collected, assembled, or maintained by the data broker; (2) the establishment of a centralized Internet Web site for the benefit of consumers that lists the data brokers subject to section 4 and provides additional information to consumers about their rights under this Act; (3) if the Commission considers a data broker outside the scope of the purposes of this Act, the exclusion of that data broker from the applicability of this Act, such as, if the Commission considers it appropriate for exclusion, a data broker who processes information collected by or on behalf of and received from or on behalf of a nonaffiliated third party concerning an individual who is a customer or an employee of that third party to enable that third party, directly or through parties acting on its behalf, to provide benefits for its employees or directly transact business with its customers; (4) any exceptions, that the Commission considers necessary, to the auditing and retracing requirements under paragraph (1) to further or protect law enforcement or national security activities; and (5) any exceptions, that the Commission considers necessary, to an individual's right to review the information described under section 4(c), such as for child protection, law enforcement, fraud prevention, or other legitimate government purposes. SEC. 6. ENFORCEMENT. (a) In General.--A violation of a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.--The 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. Any data broker who violates a regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (c) Enforcement by State Attorneys General.-- (1) Civil action.--Except as provided under paragraph (3)(B), in any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a data broker who violates a regulation prescribed under this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further violation of this Act by the defendant; (B) to compel compliance with this Act; (C) to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate; or (D) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--For purposes of imposing a civil penalty under paragraph (1)(D), the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than $16,000. (B) Adjustment for inflation.--Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Intervention by the commission.-- (A) Notice.--A State shall provide prior written notice of any civil action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (B) Intervention by the commission.--The Commission shall have the right-- (i) to intervene in the civil action under paragraph (1); (ii) upon so intervening, to be heard on all matters arising in that civil action; and (iii) to file petitions for appeal of a decision in that civil action. (C) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State-- (A) to conduct investigations; (B) to administer oaths or affirmations; or (C) to compel the attendance of witnesses or the production of documentary and other evidence. SEC. 7. EFFECT ON OTHER LAWS. (a) Preservation of Commission Authority.--Nothing in this Act may be construed in any way to limit or affect the Commission's authority under any other provision of law. (b) Preservation of Other Federal Law.--Nothing in this Act may be construed in any way to supersede, restrict, or limit the application of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other Federal law.

Summary: Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual; (2) identify or authenticate the identity of an individual; or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines "public record information" as information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Student Success Act of 2014''. TITLE I--AUTHORIZATION OF INCOME SHARE AGREEMENTS SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW. (a) Purpose.--It is the purpose of this title to authorize individuals to enter into income share agreements for the purposes of obtaining funds in exchange for agreeing to pay to the holder of the contract a specified percentage of the individual's future income. (b) Lawfulness of Contracts; Preemption.--Any income share agreement that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. SEC. 102. TERMS AND CONDITIONS OF INCOME SHARE AGREEMENT CONTRACTS. (a) Definition of Income Share Agreement.--For purposes of this title, the term ``income share agreement'' means an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual's future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. (b) Terms and Conditions of Agreements.--An income share agreement complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of income.--An income share agreement shall specify the percentage of future income which the individual will be obligated to pay, except that the contract shall exempt, at a minimum, the first $10,000 (adjusted each year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12- month period for which such data are available) of an individual's income when determining the individual's obligation for a given year. (2) Definition of income.--An income share agreement shall specify the definition of income to be used for purposes of calculating an individual's obligation under the contract. (3) Aggregate limitation on obligation.--No eligible individual may enter into any income share agreement if the total percentage of such individual's future income that the individual agrees to pay under that contract, and any other income share agreements of such individual, exceeds 15 percent of such future income. (4) Specified duration; extension of period.--An income share agreement shall specify the maximum period of time during which the individual will be obligated to pay a portion of the individual's future income, except that-- (A) except as provided in subparagraph (B), such period may not exceed 360 months; and (B) such contract may provide that such period may be extended by the number of years during which the individual's income is below the exemption amount specified in the agreement under paragraph (1). (5) Early termination.--An income share agreement shall specify the terms and conditions by which the individual may extinguish the individual's obligations under the contract before the end of the payment period specified in the agreement, based on the remaining term of such period. (c) Required Disclosures.--An income share agreement does not comply with the requirements of this section unless the individual who is committing to pay future income is provided, before entry into such agreement, a disclosure document that clearly and simply discloses that-- (1) the agreement is not a debt instrument, and that the amount the individual will be required to pay under the agreement-- (A) may be more or less than the amount provided to the individual; and (B) will vary in proportion to the individual's future income; (2) the obligations of the individual under the agreement are not dischargeable under bankruptcy law; (3) whether the obligations of the individual under the agreement may be extinguished by accelerating payments, and, if so, under what terms; (4) the duration of the individual's obligations under the agreement (absent such accelerating payments), including any circumstances under which the contract would be extended; (5) the percentage of income the individual is committing to pay and the amount of income that is exempt from the calculation of the individual's obligation; and (6) the definition of income to be used for purposes of calculating the individual's obligation. (d) Noninterference.--An income share agreement shall not be construed to give the contract holder any rights over an individual's actions--it simply represents an obligation by the individual to pay the specific percentage of future income. SEC. 103. DEFINITIONS. As used in this title: (1) State.--The term ``State'' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (2) State law.--The term ``State law'' means any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, except that a law of the United States applicable only to the District of Columbia shall be treated as a State law (rather than a law of the United States). SEC. 104. PREEMPTION OF STATE LAW WITH RESPECT TO USURY. Income share agreements shall not be subject to State usury laws. TITLE II--TAX TREATMENT OF INCOME SHARE AGREEMENTS SEC. 201. TAX TREATMENT OF INCOME SHARE AGREEMENTS. (a) Exclusion From Gross Income of Income Share Agreement Proceeds.--Payments made under an income share agreement to or on behalf of the individual who commits to pay a specified percentage of such individual's future income to another person under such agreement shall not be includible in the gross income of such individual for purposes of the Internal Revenue Code of 1986. (b) Treatment of Payments of Future Income.--Payments of future income received by another person under an income share agreement shall be treated for purposes of the Internal Revenue Code of 1986-- (1) first, with respect to so much of such payments as does not exceed the amount of the payments to which subsection (a) applies with respect to such agreement, as a repayment of investment in the contract which reduces the holder's basis in such agreement, and (2) second, as interest which is includible in gross income. (c) Income Share Agreement.--For purposes of this title, the term ``income share agreement'' has the meaning given such term under title I. TITLE III--QUALIFIED EDUCATION LOAN SEC. 301. QUALIFIED EDUCATION LOAN. (a) In General.--Paragraph (1) of section 221(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term includes any income share agreement (as defined in section 102 of the Investing in Student Success Act of 2014), except that payments made by the taxpayer during the taxable year to meet an income share agreement obligation shall not be taken into account under subsection (a)''. (b) Information Reporting Not Required.--Subsection (e) of section 6050S of such Code is amended by inserting ``(without regard to the last sentence thereof)'' after ``section 221(d)(1)''. TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME SHARE AGREEMENTS SEC. 401. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL NEED UNDER THE HIGHER EDUCATION ACT OF 1965. No portion of any amounts received by an individual for entering into an income share agreement (as such term is defined in title I) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under the Higher Education Act of 1965. TITLE V--INVESTMENT COMPANY TREATMENT SEC. 501. BUSINESSES MAKING INCOME SHARE AGREEMENTS EXCLUDED FROM INVESTMENT COMPANY TREATMENT. Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(c)) is amended-- (1) in paragraph (4), by inserting after ``industrial banking,'' the following: ``income share agreements (as defined under section 102 of the Investing in Student Success Act of 2014),''; and (2) in paragraph (5), by inserting ``, including income share agreements'' after ``services'' each place such term appears.

Summary: Investing in Student Success Act of 2014 - Declares that income share agreements that meet this Act's requirements are valid, binding, and enforceable contracts that are not subject to state usury laws or state laws regulating assignments of future income. Defines an "income share agreement" as an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual's future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. Requires such an agreement to: specify the percentage of future income the individual will be obligated to pay, but it must exempt, at a minimum, the first $10,000 (adjusted annually for inflation) of income each year; specify what will be considered the individual's income; prevent the individual from obligating more than 15% of the individual's future income toward such agreement; specify the maximum period that an individual will be obligated to make payments, not to exceed 360 months (excluding any period during which an individual's income was below the agreement's exempt amount); and specify the terms and conditions for early termination of an individual's payment period. Requires individuals, before entering into such an agreement, to be provided with a document that clearly and simply discloses: (1) the terms of the agreement, (2) that the agreement is not a debt instrument, (3) that such individual may be required to pay more or less than the amount received, and (4) that an individual's obligations under the agreement are not dischargeable in bankruptcy. Prohibits such agreements from being construed as giving the contract holder any rights over an individual's actions. Excludes payments that are made under an income share agreement from the individual's gross income for tax purposes. Amends the Internal Revenue Code to include income share agreements as qualified education loans, but denies the deduction for interest paid on such loans. Prohibits amounts individuals receive for entering into an income share agreement from being included as income or assets in the computation of the expected family contribution for any program funded under the Higher Education Act of 1965. Amends the Investment Company Act of 1940 to exclude any person from being treated as an investment company if substantially all of that person's business is confined to making income share agreements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gang Prevention and Youth Recreation Act of 1993''. SEC. 2. GRANTS TO CITIES TO PROVIDE EDUCATION, EMPLOYMENT, RECREATION, SOCIAL, AND CULTURAL AWARENESS ASSISTANCE TO AT-RISK YOUTH. The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall, from amounts appropriated under section 10, provide grants to not more than 10 selected cities for the purpose of assisting such cities in establishing and operating teen resource and education centers in such cities to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. SEC. 3. APPLICATION. To receive a grant under section 2, a city shall submit to the Secretary an application in such form and containing such information as the Secretary may require. SEC. 4. TEEN RESOURCE AND EDUCATION CENTERS. The Secretary may not make a grant under section 2 to a city unless the city agrees that it will use all amounts received from such grant to establish and operate, in conjunction with local social service agencies, at least 2 teen resource and education centers in such city to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Teen resource and education centers established and operated using amounts from a grant under section 2 shall, at a minimum, meet the following requirements: (1) Educational assistance.--The teen resource and education centers shall provide educational assistance to at- risk youth for the purpose of-- (A) providing information on institutions of higher education to at-risk youth interested in attending such institutions; (B) establishing a scholarship search and resource program at the centers to provide assistance to such youth in the preparation of financial aid applications, scholarship applications, and other relevant forms and applications; and (C) establishing and carrying out preparatory courses for high school equivalency examinations and college entrance examinations at the center. (2) Employment and skills training assistance.--The teen resource and education centers shall provide employment and skills training assistance to at-risk youth by hiring teen peer counselors to-- (A) provide training to such youth in basic job skills, including interviewing, personal appearance, and communication with coworkers and superiors; (B) provide job referral services to such youth; and (C) establish job banks for such youth by providing listings of job openings in local businesses. (3) Recreational opportunities.--The teen resource and education centers shall provide recreational opportunities for at-risk youth by-- (A) establishing sports teams for such youth and seeking financial support or sponsorship of such teams from local businesses; (B) establishing and carrying out cooperative work activities at such centers, such as a garden to give such youth a chance to work together to achieve positive results from their efforts and to distribute the food harvested from such garden to the families of such youth and to neighborhood soup kitchens; (C) establishing and carrying out creative activities, such as writing, music, media, and visual art classes to provide such youth with the opportunity to channel creative energies and develop creative talents; and (D) establishing and carrying out a reading program to introduce such youth to the importance of reading. (4) Development of social skills.--The teen resource and education centers shall provide for the development of the social skills of at-risk youth by-- (A) hiring adult counselors and providing support groups at such centers for the purpose of counseling such youth on social and personal issues, including issues relating to-- (i) problems facing young minorities; (ii) teen-age pregnancy and early parenthood, including pregnancy prevention and pregnancy management, family planning, and sex education, including education relating to acquired immune deficiency syndrome (AIDS); (iii) job preparedness and unemployment; and (iv) crime; and (B) sponsoring trips for such youth to museums, State capitals, concerts, plays, and other cultural and educational settings and events. (5) Cultural awareness.--The teen resource and education centers shall assist in raising the cultural awareness of at- risk youth by-- (A) establishing and carrying out classes on the history and culture of African-Americans, Hispanics, and other cultural groups to supplement courses taught in elementary and secondary schools and to bolster the social and personal self-esteem and pride of such youth; and (B) encouraging such youth to produce plays, stories, and artwork that reflect their cultural heritage and pride. (6) Financial assistance to college graduates working at teen resource and education centers.-- (A) In general.--The teen resource and education centers shall provide financial assistance from amounts received from a grant under section 2 to graduates of institutions of higher education who work full-time at such centers for the purpose of assisting such graduates to repay student loans obtained by such graduates to attend such schools. (B) Amount of assistance.--The center may provide financial assistance under subparagraph (A) in an amount equal to not more than 25 percent of the total amount owed by a graduate during any year that such graduate is working at such center for the repayment of student loans of such graduate. Such assistance may be provided to a graduate for up to 4 years that such graduate is working at such center. SEC. 5. CITY REPORT. The Secretary may not make a grant under section 2 to a city unless the city agrees that it will submit, for any fiscal year in which such city receives a grant under such section, a report to the Secretary describing the use of such grant, including-- (1) the number of at-risk youth receiving assistance at each teen resource and education center established in such city under section 4; (2) the types of services and referrals received by such at-risk youth; and (3) any other information the Secretary determines to be appropriate. SEC. 6. SELECTION. (a) In General.--The Secretary shall select cities to receive grants under section 2 which have a large number of at-risk youth. (b) Geographic Diversity.--To the extent practicable, the Secretary shall make grants to cities under section 2 in a manner which will equitably distribute such grants among the various regions of the United States. SEC. 7. ALLOCATION. The Secretary may not make a grant under section 2 in a fiscal year to any city in an amount totaling more than 10 percent of amounts appropriated under section 10 for that fiscal year. SEC. 8. REPORTS. (a) Interim Report.--Not later than February 1, 1996, the Secretary shall submit to the Congress an interim report containing-- (1) a compilation of the information contained in the city reports received by the Secretary pursuant to section 5; and (2) a process evaluation of the effectiveness of the grant program. (b) Final Report.--Not later than February 1, 1997, the Secretary shall submit to the Congress a final report containing the information described in subsection (a). SEC. 9. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) At-risk youth.--The term ``at-risk youth'' means individuals who have attained the age of 10 but have not attained the age of 23 and who live in a city in which-- (A) drug and gang activity, or other violent community activity, are prevalent; (B) a large number of youth are unlikely to complete an elementary or secondary education; (C) a large number of youth are runaway or homeless youth; (D) a large number of individuals receive public assistance; and (E) a large number of individuals are single parents. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term under section 1201(a) of the Higher Education Act of 1965. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out section 2. (b) Availability.--Amounts appropriated under subsection (a) shall remain available until expended.

Summary: Gang Prevention and Youth Recreation Act of 1993 - Directs the Secretary of Health and Human Services (the Secretary) to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers. Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, creative activities and arts, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt. Sets forth grant selection, allocation, and reporting requirements. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Insider Trading Prohibition Act''. SEC. 2. PROHIBITION ON INSIDER TRADING. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding after section 16 the following new section: ``SEC. 16A. PROHIBITION ON INSIDER TRADING. ``(a) Prohibition Against Trading Securities While in Possession of Material, Nonpublic Information.--It shall be unlawful for any person, directly or indirectly, to purchase, sell, or enter into, or cause the purchase or sale of or entry into, any security, security-based swap, or security-based swap agreement, while in possession of material, nonpublic information relating to such security, security-based swap, or security-based swap agreement, or relating to the market for such security, security-based swap, or security-based swap agreement, if such person knows, or recklessly disregards, that such information has been obtained wrongfully, or that such purchase, sale, or entry would constitute a wrongful use of such information. ``(b) Prohibition Against the Wrongful Communication of Certain Material, Nonpublic Information.--It shall be unlawful for any person whose own purchase or sale of a security, security-based swap, or entry into a security-based swap agreement would violate subsection (a) (referred to in this subsection as the `communicating person'), wrongfully to communicate material, nonpublic information relating to such security, security-based swap, or security-based swap agreement, or relating to the market for such security, security-based swap, or security-based swap agreement, to any other person if-- ``(1) the other person-- ``(A) purchases, sells, or causes the purchase or sale of, any security or security-based swap or enters into or causes the entry into any security-based swap agreement, to which such communication relates; or ``(B) communicates the information to another person who makes or causes such a purchase, sale, or entry while in possession of such information; and ``(2) such a purchase, sale, or entry while in possession of such information is reasonably foreseeable. ``(c) Standard and Knowledge Requirement.-- ``(1) Standard.--For purposes of this section, trading while in possession of material, nonpublic information under subsection (a) or communicating material nonpublic information under subsection (b) is wrongful only if the information has been obtained by, or its communication or use would constitute, directly or indirectly-- ``(A) theft, bribery, misrepresentation, or espionage (through electronic or other means); ``(B) a violation of any Federal law protecting computer data or the intellectual property or privacy of computer users; or ``(C) conversion, misappropriation, or other unauthorized and deceptive taking of such information, or a breach of any fiduciary duty or any other personal or other relationship of trust and confidence. ``(2) Knowledge requirement.--It shall not be necessary that the person trading while in possession of such information (as proscribed by subsection (a)), or making the communication (as proscribed by subsection (b)), know the specific means by which the information was obtained or communicated, or whether any personal benefit was paid or promised by or to any person in the chain of communication, so long as the person trading while in possession of such information or making the communication, as the case may be, was aware, or recklessly disregarded that such information was wrongfully obtained or communicated. ``(d) Derivative Liability.--Except as provided in section 20(a), no person shall be liable under this section solely by reason of the fact that such person controls or employs a person who has violated this section, if such controlling person or employer did not participate in, profit from, or directly or indirectly induce the acts constituting the violation of this section. ``(e) Exempted Transactions.--The Commission may, by rule, exempt any person, security, or transaction, or any class persons securities, or transactions, from any or all of the provisions of this section, upon such terms and conditions as it considers necessary or appropriate, if the Commission determines that such action is not inconsistent with the purposes of this section. The prohibitions of this section shall not apply to any person who acts at the specific direction of, and solely for the account of, a person whose own securities trading, or communications of material, nonpublic information, would be lawful under this section.''. (b) Conforming Amendments.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is further amended-- (1) in section 21(d)(2), by inserting ``or section 16A,'' after ``section 10(b) of this title''; (2) in section 21A-- (A) in subsection (g)(1), by inserting ``and section 16A,'' after ``thereunder,''; and (B) in subsection (h)(1), by inserting ``and section 16A,'' after ``thereunder,''; and (3) in section 21C(f), by inserting ``or section 16A,'' after ``section 10(b)''.

Summary: Insider Trading Prohibition Act This bill amends the Securities Exchange Act of 1934 to prohibit any person from trading securities or effectuating such trades while in possession of related material, nonpublic information, or while either knowing or recklessly disregarding that the information has been obtained wrongfully, or that the transactions would constitute a wrongful use of such information. It shall also be unlawful for any person whose own securities transactions violate this Act to communicate wrongfully to another person material, nonpublic information relating to either those transactions or the market for them if the other person: purchases, sells, or causes the purchase or sale of, any security or security-based swap or enters into or causes the entry into any security-based swap agreement, to which such communication relates; or communicates the information to another person who makes or causes such a transaction while in possession of such information. The other person's ensuing purchase, sale, or entry while in possession of such information must also be reasonably foreseeable. A standard and a knowledge requirement are prescribed for acts constituting unlawful trading in securities. A person who has neither participated in, profited from, nor induced violations of this Act is shielded from liability even though that person controls or employs the violator. The Securities and Exchange Commission is authorized to exempt from this Act persons, securities, or transactions, subject to any necessary or appropriate terms and conditions, if it determines that the exemption is not inconsistent with the purposes of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalination Energy Consumption Reduction Act of 2006''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Qualified desalination facility.--The term ``qualified desalination facility'' means a facility that-- (A) produces for sale to domestic customers desalinated seawater, brackish groundwater, or surface water whose source water is greater than 1000 milligrams per liter total dissolved solids; (B) is owned or operated by-- (i) a State or any political subdivision, agency, authority, or instrumentality of a State; (ii) an Indian tribe; or (iii) a corporation responsible for providing municipal water service pursuant to State or tribal law; (C) is first used to produce commercial desalinated water for sale during the 10-year period beginning on October 1 of the first fiscal year occurring after the date of enactment of this Act; and (D) uses the best available technology as determined by the Secretary. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) State.--The term ``State'' means the several States, the District of Columbia, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Northern Mariana Islands. SEC. 3. DESALINATED WATER ENERGY CONSUMPTION REDUCTION INCENTIVE PAYMENTS. (a) Incentive Payments.--The Secretary shall make incentive payments in an amount determined under subsection (d) to the owners of qualified desalination facilities to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. (b) Agreement; Deadline.--The Secretary may not make any payment to the owner or operator of a quailfied desalination facility under this section unless, not later than the end of fiscal year 2018, the Secretary enters into a written agreement with the owner or operator to make such payment. (c) Payment Period.--The Secretary may make payments to the owner or operator of a qualified desalination facility under this section for a period not to exceed 10 years-- (1) beginning on the date on which the facility is first used to produce desalinated water; and (2) ending not later than September 30, 2028. (d) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of any qualified desalination facility shall be based on the amount of electrical energy conserved by the facility below the benchmarks included in the formula established under paragraph (2) during the payment period described in subsection (c), adjusted as provided in paragraph (3). (2) Base payment.--The Secretary shall establish a formula for making incentive payments to owners of qualified desalination facilities producing potable water from source waters ranging from 1,000 to 35,000 milligrams per liter total dissolved solids or more. The payment shall range from 30 cents per 1,000 gallons of potable water produced for any facility that can demonstrate a savings of .25 kilowatt hours per gallon to 90 cents per 1,000 gallons of potable water produced for any facility that can demonstrate a savings of 4.75 kilowatt hours per gallon from a benchmark for energy consumption by such facilities that ranges along a linear scale from 1.8 kilowatt hours per gallon for facilities utilizing source water of 1,000 milligrams per liter total dissolved solids to 14 kilowatt hours per gallon for facilities utilizing source water of 35,000 milligrams per liter total dissolved solids or more. (3) Adjustments.--In the case of any payment made to any person under this subsection in a fiscal year beginning after calendar year 2008, the amount of such payment shall be adjusted by multiplying such amount by the inflation adjustment factor (determined under section 45K(d)(2) of the Internal Revenue Code of 1986 by substituting ``2008'' for ``1979'' in subparagraph (B) thereof) for the calendar year in which the payment is made. (e) Application.--The Secretary may not make a grant to the owner or operator of a qualified desalination facility under this section unless the facility submits an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may require. Further, as a part of the application the applicant shall provide a written assurance to the Secretary that the financial benefit of any incentive payments received by the applicant will be utilized for the benefit of the rate payers. (f) Limitation.--In any fiscal year not more than 60 percent of the funds made available by the Secretary under this section shall be made available to the owners or operators of qualified desalination facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. (g) Priority.--In awarding incentive payments under this section, the Secretary shall give priority to any application for a project that-- (1) uses innovative technologies to reduce the energy demand of the project; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize the damage to marine life; or (7) provides significant water quality benefits. (h) Budget Act Compliance.--The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance in appropriations Acts. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $200,000,000 to carry out this section for the period encompassing fiscal years 2008 through 2018.

Summary: Desalination Energy Consumption Reduction Act of 2006 - Requires the Secretary of Energy to make specified incentive payments to the owners of qualified desalination facilities for up to ten years to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. Limits to 60% the amount of available funds to be provided to facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. Directs the Secretary, in awarding incentive payments, to give priority to projects that: (1) use innovative technologies to reduce its energy demand; (2) use renewable energy supplies; (3) provide regional water supply benefits; (4) provide a secure source of new water supplies for national defense activities; (5) reduce the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) use technologies that minimize the damage to marine life; or (7) provide significant water quality benefits.