SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responders Support Act of 2008''. SEC. 2. EXPANDING DISABILITY BENEFITS. (a) In General.--Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended-- (1) in subsection (a)-- (A) by striking ``$250,000'' and inserting ``$350,000''; and (B) by striking ``subsection (h)'' and inserting ``subsection (h)(1)''; (2) in subsection (b)-- (A) by striking ``permanently and totally''; and (B) by striking ``, to the extent that appropriations are provided'' and all that follows and inserting ``a benefit in an amount determined in accordance with subsection (h)(2) to such officer.''; and (3) in subsection (h)-- (A) by striking ``the effective date of this subsection'' and inserting ``the date of enactment of the First Responders Support Act of 2008''; (B) by inserting ``(1)'' after ``(h)''; and (C) by adding at the end the following: ``(2)(A) Subject to subsection (b) and subparagraph (B) of this paragraph, the amount of a benefit paid under subsection (b) to a public safety officer who has become disabled as the direct result of a catastrophic injury sustained in the line of duty shall be in an amount equal to the benefit that is payable under subsection (a) in the applicable year, multiplied by the level of disability of the public safety officer, as determined in accordance with subparagraph (C). ``(B) No benefit shall be paid under subsection (b) if the level of disability of the public safety officer is less than 50 percent. ``(C) The Director shall adopt and apply a schedule of levels of disability of public safety officers associated with specific injuries or combinations of injuries, based upon the average impairments of earning capacity resulting from the injuries concerned.''. (b) Definition of Catastrophic Injury.--Section 1204(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(1)) is amended by striking ``permanently prevent an individual from performing any gainful work'' and inserting ``substantially diminishes the ability of an individual to perform gainful work''. (c) Expediting Benefits.--Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at the end the following: ``(n) Not later than 3 months after the date on which a claimant submits all information required for a claim under this subpart, the Bureau shall determine whether the claimant is eligible to receive a benefit under this subpart.''. (d) Regulations.--Not later than 9 months after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out the amendments made by this section. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General, in addition to any other amounts otherwise authorized to be appropriated, $3,000,000 for each of fiscal years 2009 through 2013 to hire employees for the Bureau of Justice Assistance and obtain the technology and equipment necessary to expedite the processing of claims and make disability determinations under subpart 1 of part L of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), as amended by this section. SEC. 3. EDUCATIONAL BENEFITS. (a) In General.--Section 1212(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2)(A) Except as provided in paragraph (3), and subject to subparagraph (C) of this paragraph, financial assistance under this subpart shall-- ``(i) consist of direct payments to an eligible dependent; and ``(ii) be paid at the monthly rate of not more than $1,500. ``(B) The Director shall promulgate regulations to establish the amount of financial assistance under subparagraph (A) for an eligible dependent, which shall be based on the portion of the normal full-time academic workload for the course of study, as determined by the eligible educational institution, that the eligible dependent is pursuing. ``(C) On October 1 of each fiscal year beginning after the date of enactment of the First Responders Support Act of 2008, the Director shall adjust the level of the benefit payable during that fiscal year under subparagraph (A)(ii), to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1.''; and (2) in paragraph (3)(A), by striking ``to which the eligible dependent would otherwise be entitled to receive'' and inserting ``that the eligible dependent receives''. (b) Children.--Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking ``a totally and permanently disabling injury'' and inserting ``the officer's catastrophic injury''; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) the child of the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of the officer's catastrophic injury; or''. SEC. 4. CREDIT FOR CONTINUING CARE OF FIRST RESPONDERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. CONTINUING CARE FOR INJURED FIRST RESPONDERS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified medical expenses paid or incurred during such taxable year by a qualified injured first responder or a family member of a qualified injured first responder. ``(b) Limitations.-- ``(1) In general.--The amount of the credit allowed under subsection (a) for any taxable year shall not exceed $7,500. ``(2) Limitation based on adjusted gross income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified injured first responder.--The term `qualified injured first responder' means any public safety officer who has suffered an injury that substantially diminishes the ability of the public safety officer to perform gainful work while performing an official duty as a public safety officer. ``(2) Family member.--The term `family member' includes family members described in section 267(c)(4). ``(3) Qualified medical expenses.--The term `qualified medical expenses' means expenses paid or incurred, not compensated for by insurance or otherwise, for medical care (within the meaning of section 213(d)) in connection with an injury of a qualified injured first responder which was incurred while the qualified injured first responder was performing an official duty as a public safety officer. ``(4) Public safety officer.--The term `public safety officer' has the meaning given such term by section 1204(9) of the Omnibus Crime Control and Safe Streets Act of 1968. ``(d) No Double Benefit.--No credit or deduction shall be allowed under this chapter with respect to any expenses which are taken into account under this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Continuing care for injured first responders.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Bureau of Justice Assistance; (2) the term ``eligible organization'' means an organization that provides free or reduced cost mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty; (3) the term ``public safety officer'' has the meaning given that term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); and (4) the term ``reduced cost'', relating to mental health services or counseling, means that the organization providing the services or counseling charges not more than 50 percent of the amount that the organization would otherwise charge for the services or counseling. (b) Authorization To Make Grants.--The Director may make grants to eligible organizations to provide mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty. (c) Application.--An eligible organization desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Director may establish.

Summary: First Responders Support Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers; and (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty. Amends the Internal Revenue Code to allow a tax credit for up to $7,500 of the medical expenses paid or incurred by a public safety officer or a family member for injuries sustained while such officer was performing an official duty. Authorizes the Director of the Bureau of Justice Assistance to award grants for mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of such officers who are killed or seriously injured in the line of duty.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Turkish Human Rights Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1)(A) The Department of State, in its 1996 ``Country Reports on Human Rights Practices'', documented a systematic and widespread pattern of human rights abuses by the Government of Turkey. (B) According to the portion of the report relating to Turkey, ``torture, excessive use of force, and other serious human rights abuses by the security forces persisted throughout 1996.''. (2) Amnesty International, Human Rights Watch, the United Nations Committee Against Torture, the European Parliament, the International Human Rights Law Group, the Lawyers Committee for Human Rights, Physicians Without Frontiers, Freedom House, the Humanitarian Law Project, the Association of the Bar of the City of New York, the Turkish Human Rights Foundation, and other human rights monitoring organizations have documented extensive and continuing human rights abuses by the Government of Turkey, including the widespread use of torture and extrajudicial killings. (3) The actions of the Government of Turkey are in violation of several international human rights agreements to which Turkey is a party, including the United Nations Universal Declaration of Human Rights, the Final Act of the Conference on Security and Cooperation in Europe, the European Convention on Human Rights, and the United Nations and European Conventions Against Torture. (4) The Government of Turkey continues to deny the legitimate civil and human rights of its 15,000,000 citizens of Kurdish origin and has used military force to deny them an identity, destroying more than 2,000 Kurdish villages and uprooting more than 2,000,000 Kurds. (5) Turkey continues its illegal military occupation of Cyprus and has obstructed efforts to reach a just and lasting resolution to the division of Cyprus and the massive uprooting of Greek Cypriots caused by the 1974 invasion by Turkey. (6) The Government of Turkey continues to blockade Armenia, obstructing the delivery of United States and international humanitarian relief supplies. (7) Turkey continues to place prohibitive restrictions on the religious leadership of Christian communities within Turkey and has failed to protect these communities adequately from acts of violence and vandalism. (8)(A) The Congress, in the fiscal year 1997 appropriation for foreign assistance, reduced assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) to Turkey to $22,000,000 because of Turkey's human rights record and its hostile and antagonistic policies toward its neighbors. (B) The Government of Turkey has stated that it would reject any United States assistance tied to its human rights record. SEC. 3. RESTRICTIONS ON ASSISTANCE FOR THE GOVERNMENT OF TURKEY. (a) In General.--Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be provided for the Government of Turkey for fiscal year 1998 unless the Secretary of State determines that there has been significant progress in the following areas: (1) The Government of Turkey permits domestic and international human rights monitoring organizations, including, but not limited to, the Turkish Human Rights Foundation, the Organization on Security and Cooperation in Europe, Amnesty International, and Human Rights Watch, to monitor and report on the human rights situation within its territory without fear of reprisal or prosecution. (2) The Government of Turkey-- (A) has ceased all efforts to deny the recognition of the civil, cultural, and human rights of its Kurdish citizens; (B) has ceased its military operations against Kurdish civilians; and (C) has taken demonstrable steps toward a peaceful resolution of the Kurdish issue. (3) The Government of Turkey-- (A) has taken actions and instituted policies to demilitarize Cyprus and provide for the total withdrawal of Turkish military forces from Cyprus; and (B) provides support for a settlement for the Republic of Cyprus based on a constitutional democracy with key United States principles of majority rule, the rule of law, the protection of minority and human rights, and the provision for and implementation of the 3 basic freedoms, namely, freedom of movement, of property, and of settlement. (4) The Government of Turkey has ceased its blockade of United States and international assistance to Armenia. (5) The Government of Turkey-- (A) has ceased its official restrictions on Christian churches and schools; and (B) provides sufficient protection against-- (i) acts of violence and harassment directed at members of the clergy and religious minorities; and (ii) acts of vandalism directed at church and school property. (b) Report.--The Secretary of State shall prepare and submit to the Congress a report containing a documentation of the determinations made by the Secretary under subsection (a).

Summary: Turkish Human Rights Act - Prohibits economic support fund (ESF) assistance to the Government of Turkey unless the Secretary of State determines that there has been significant progress by such Government in: (1) permitting international human rights monitoring organizations to report on the human rights situation in Turkey; (2) ceasing to deny human rights to the Kurdish people; (3) taking action to demilitarize Cyprus and provide support for democracy there; (4) ceasing to blockade U.S. and international assistance to Armenia; and (5) ceasing its restrictions on religious freedom.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Microbicide Development Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women and girls are the new face of HIV/AIDS, and are increasingly affected by the disease in every region of the world. As of 2006, nearly half of the 37,200,000 adults living with HIV and AIDS worldwide were women. In sub-Saharan Africa, that proportion was 59 percent. (2) Because of their social and biological vulnerabilities, young women are particularly at risk of HIV infection. In sub- Saharan Africa, the prevalence of HIV/AIDS is three times higher among women ages 15 to 24 than it is among men in that same age group. (3) Women infected with HIV can transmit the infection to their infants during pregnancy, labor, delivery, or breast- feeding. The most effective way to interrupt mother-to-child transmission is to ensure that mothers are not infected in the first place. (4) Many women who become infected with HIV have just one sexual partner--their husband. Marriage is not necessarily effective protection against HIV, because to protect themselves from HIV, women have to rely on their male partners to be faithful or to use condoms. Many women, especially in the developing world, are unable to insist on mutual monogamy or negotiate condom use, particularly in long-term relationships. (5) Scientists are working on a promising new prevention tool that could slow down the spread of the HIV/AIDS epidemic-- microbicides. Formulated as gels, creams, tablets or rings, microbicides are being designed to stop the transmission of the pathogens that cause AIDS and other sexually transmitted infections (referred to in this section as ``STIs''). Microbicides could allow a woman to protect herself from disease. (6) Couples need a method of HIV protection that will allow them to conceive a child and start a family. No existing HIV prevention method also allows conception. Some microbicides in development may allow women to become pregnant while at the same time protecting them from infection. (7) According to UNICEF, worldwide, the lack of HIV/AIDS prevention and treatment has left over 15,000,000 children as orphans. Of these, more than 12,000,000 live in sub-Saharan Africa. The number of AIDS orphans in sub-Saharan Africa alone is expected to grow to nearly 16,000,000 by 2010. (8) HIV prevention tools like microbicides could also be valuable for women in the United States, who account for an increasing proportion of new HIV and AIDS cases among Americans. Minority women in the United States are particularly affected. Both African-American and Latina women account for a disproportionate number of new AIDS cases, and HIV/AIDS was the leading cause of death in 2002 for African-American women ages 25 to 34. (9) With nearly 20,000,000 new cases of sexually transmitted infections occurring every year, the United States has the highest STI rates of any industrialized nation. Like HIV, STIs pose significant health threats and costs, with young people and women bearing a disproportionate burden. Nearly half of new STI cases each year occur in people under 25 years of age with women both more vulnerable to infection and more likely to experience serious and lasting health consequences when they do become infected. Some microbicides could help prevent STIs. (10) HIV/AIDS threatens national and global security. Beyond its burdens on individuals, families, and communities, the pandemic reduces economic growth, decimates health budgets, undermines civil society, and burdens the armed forces of many nations, including the United States military. (11) The microbicide field has gained considerable scientific momentum. Several first-generation products are in large-scale human trials to measure effectiveness, and new products based on recent advances in HIV treatment are well into safety trials. (12) Microbicides are a public health good with potential for large social benefits but limited economic incentives for private investment, so that public funding is required to fill the gap. As is the case for vaccines and other public goods, microbicide development must depend heavily on government leadership and investment. (13) The Federal Government needs to make a strong commitment to microbicide research and development. Three agencies, the National Institutes of Health, Centers for Disease Control and Prevention, and United States Agency for International Development, have played important roles in the progress to date, and each makes a valuable and unique contribution. As the primary Federal agency for conducting and supporting medical research and the largest single Federal Government contributor to microbicide research, the National Institutes of Health supports the Microbicide Trials Network as well as other important research activities. The United States Agency for International Development sustains strong partnerships with public and private organizations working on microbicide research, including trials in developing countries where its experience is extensive, and is well positioned to facilitate introduction of microbicides once available. The Centers for Disease Control and Prevention has a long history of conducting field trials in developing countries, but the extent of its current engagement remains quite limited. (14) According to the National Institutes of Health's strategic plan, microbicides may provide ``one of the most promising primary preventative interventions that could be safe, effective, readily available, affordable, and widely acceptable''. In a recent report to Congress, the United States Agency for International Development states that ``the US government is firmly committed to accelerating the development of safe and effective microbicides to prevent HIV''. In addition, the President's Emergency Plan for AIDS Relief recognizes the urgency of developing safe and effective microbicides. (15) The National Institutes of Health, United States Agency for International Development, and the Centers for Disease Control and Prevention have expanded their microbicide portfolios, but overall Federal leadership and coordination is required to eliminate costly inefficiencies and unproductive duplication of effort. (16) HIV prevention options available as of 2006 are insufficient in general. Most critically, they fail to recognize women's particular needs and vulnerabilities. If women are to have a genuine opportunity to protect themselves, their best option is the rapid development of new HIV- prevention technologies like microbicides, which women can initiate. TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH SEC. 101. OFFICE OF AIDS RESEARCH; PROGRAM REGARDING MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Subpart I of part D of title XXIII of the Public Health Service Act (42 U.S.C. 300cc-40 et seq.) is amended by inserting after section 2351 the following: ``SEC. 2351A. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. ``(a) Federal Strategic Plan.-- ``(1) In general.--The Director of the Office of AIDS Research shall-- ``(A) expedite the implementation of a Federal strategic plan for the conduct and support of microbicide research and development; and ``(B) annually review and, as appropriate, revise such plan, to prioritize funding and activities in terms of their scientific urgency. ``(2) Coordination.--In implementing, reviewing, and prioritizing elements of the plan described under paragraph (1), the Director of the Office of AIDS Research shall coordinate with-- ``(A) other Federal agencies, including the Director of the Centers for Disease Control and Prevention and the Administrator of the United States Agency for International Development, involved in microbicide research; ``(B) the microbicide research and development community; and ``(C) health advocates. ``(b) Expansion and Coordination of Activities.--The Director of the Office of AIDS Research, acting in coordination with relevant institutes and offices, shall expand, intensify, and coordinate the activities of all appropriate institutes and components of the National Institutes of Health with respect to research and development of microbicides to prevent the transmission of the human immunodeficiency virus (`HIV') and other sexually transmitted infections. ``(c) Microbicide Development Branch.--In carrying out subsection (b), the Director of the National Institute of Allergy and Infectious Diseases shall establish within the Division of AIDS in the Institute, a clearly defined organizational branch charged with carrying out microbicide research and development. In establishing such branch, the Director shall ensure that there are a sufficient number of employees dedicated to carrying out its mission. ``(d) Microbicide Clinical Trials.--In carrying out subsection (c), the Director of the National Institute of Allergy and Infectious Diseases shall assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials, with particular emphasis on implementation of trials leading to product licensure. ``(e) Reports to Congress.-- ``(1) In general.--Not later than 6 months after the date of enactment of the Microbicide Development Act, and annually thereafter, the Director of the Office of AIDS Research shall submit to the appropriate committees of Congress a report that describes the strategies being implemented by the Federal Government regarding microbicide research and development. ``(2) Contents of reports.--Each report submitted under paragraph (1) shall include-- ``(A) a description of activities with respect to microbicide research and development conducted and supported by the Federal Government; ``(B) a summary and analysis of the expenditures made by the Director of the Office of AIDS Research during the preceding year for activities with respect to microbicide-specific research and development, including basic research, preclinical product development, clinical trials, and behavioral science; and ``(C) a description and evaluation of the progress made, during the preceding year, toward the development of effective microbicides. ``(3) Appropriate committees of congress defined.--In this subsection, the term `appropriate committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section.''. TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. ``(a) Development and Implementation of the Centers for Disease Control and Prevention's Microbicide Agenda.--The Director of the Centers for Disease Control and Prevention shall fully implement such Centers' microbicide agenda to support microbicide research and development. Such an agenda shall include-- ``(1) conducting laboratory research in preparation for, and support of, clinical microbicide trials; and ``(2) conducting behavioral research in preparation for, and support of, clinical microbicide trials. ``(b) Personnel.--The Centers for Disease Control and Prevention shall ensure that there are sufficient numbers of dedicated employees for carrying out the microbicide agenda under subsection (a). ``(c) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Microbicide Development Act, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress, a report on the strategies being implemented by the Centers for Disease Control and Prevention with respect to microbicide research and development. Such report shall be submitted alone or as part of the overall Federal strategic plan on microbicides compiled annually by the National Institutes of Health Office of AIDS Research as required under section 2351A. ``(2) Contents of report.--Such report shall include-- ``(A) a description of activities with respect to microbicides conducted or supported by the Director of the Centers for Disease Control and Prevention; ``(B) a summary and analysis of the expenditures made by such Director during the preceding year, for activities with respect to microbicide-specific research and development, including the number of employees of such Centers involved in such activities; and ``(C) a description and evaluation of the progress made, during the preceding year, toward the development of effective microbicides. ``(3) Appropriate committees of congress defined.--For the purposes of this subsection, the term `appropriate committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section.''. TITLE III--MICROBICIDE RESEARCH AND DEVELOPMENT AT THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT SEC. 301. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Section 104A of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2) is amended by adding at the end the following new subsection: ``(h) Microbicides for Preventing Transmission of HIV/AIDS and Other Diseases.-- ``(1) Development and implementation of the microbicide agenda.--The President shall direct the head of the Office of HIV/AIDS of the United States Agency for International Development, in conjunction with other offices of such Agency, to develop and implement a program to support the development of microbicides for the prevention of the transmission of HIV/ AIDS and other diseases, and facilitate wide-scale availability of such products after such development. ``(2) Staffing.--The head of the Office of HIV/AIDS shall ensure that the Agency has a sufficient number of dedicated employees to carry out the microbicide agenda. ``(3) Reports to congress.-- ``(A) In general.--Not later than one year after the date of enactment of the Microbicide Development Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the activities of the Agency to carry out the microbicide agenda and on any other activities carried out by the Agency related to microbicide research and development. ``(B) Contents of report.--Each report submitted under subparagraph (A) shall include-- ``(i) a description of activities with respect to microbicides conducted or supported by the Agency; ``(ii) a summary and analysis of the expenditures made by the Agency during the preceding year for activities with respect to microbicide-specific research and development, including the number of employees of the Agency who are involved in such activities; and ``(iii) a description and evaluation of the progress made during the preceding year toward the development of effective microbicides, including activities in support of eventual product access. ``(C) Consultation.--The President shall consult with the Director of the Office of AIDS Research of the National Institutes of Health in preparing the report required under subparagraph (A). ``(D) Appropriate congressional committees defined.--In this paragraph, the term `appropriate congressional committees' means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ``(4) Authorization of appropriations.--There are authorized to be appropriated to the Agency such sums as may be necessary for each fiscal year to carry out this subsection.''.

Summary: Microbicide Development Act - Amends the Public Health Service Act to require the Director of the Office of AIDS Research to: (1) expedite the implementation of the federal strategic plan for the conduct and support of microbicide research and development; and (2) expand, intensify, and coordinate all activities with respect to research and development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases. Requires the Director of the National Institute of Allergy and Infectious Diseases to: (1) establish within the Division of AIDS an organizational branch to carry out microbicide research and development; and (2) assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials. Requires the Director of the Centers for Disease Control and Prevention (CDC) to fully implement the CDC's microbicide agenda to support microbicide research and development. Requires the President to direct the head of the Office of HIV/AIDS of the U.S. Agency for International Development (USAID) to develop and implement a program to support the development of microbicides products for the prevention of the transmission of HIV/AIDS and other diseases and facilitate wide-scale availability of such products.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Finance Act of 1995''. SEC. 2. PURPOSE. The purpose of this Act is to require-- (1)(A) the Administrator of the Environmental Protection Agency to establish an Environmental Financial Advisory Board to provide expert advice and recommendations to Congress and the Administrator on issues, trends, options, innovations, and tax matters affecting the cost and financing of environmental protection by State and local governments; and (B) the Board to study methods to-- (i) lower costs of environmental infrastructure and services; (ii) increase investment in public and private environmental infrastructure; and (iii) build State and local capacity to plan and pay for environmental infrastructure and services; and (2)(A) the Administrator to establish and support Environmental Finance Centers in institutions of higher education; (B) the Centers to carry out activities to improve the capability of State and local governments to manage environmental programs; and (C) the Administrator to provide Federal funding to the Centers, with a goal that the Centers will eventually become financially self-sufficient. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Board.--The term ``Board'' means the Environmental Financial Advisory Board established under section 4. (3) Center.--The term ``Center'' means an Environmental Finance Center established under section 5. SEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY BOARD. (a) In General.--The Administrator shall establish an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels. The Board shall report to the Administrator, and shall make the services and expertise of the Board available to Congress. (b) Membership.-- (1) In general.--The Board shall consist of 35 members appointed by the Administrator. (2) Terms.--A member of the Board shall serve for a term of 2 years, except that 20 of the members initially appointed to the Board shall serve for a term of 1 year. (3) Qualifications.--The members of the Board shall be individuals with expertise in financial matters and shall be chosen from among elected officials and representatives of national trade and environmental organizations, the financial, banking, and legal communities, business and industry, and academia. (4) Chairperson and vice chairperson.--The members of the Board shall elect a Chairperson and Vice Chairperson, who shall each serve a term of 2 years. (c) Duties.--After establishing appropriate rules and procedures for the operations of the Board, the Board shall-- (1) work with the Science Advisory Board, established by section 8 of the Environmental Research, Development, and Demonstration Act of 1978 (42 U.S.C. 4365), to identify and develop methods to integrate risk and finance considerations into environmental decisionmaking; (2) identify and examine strategies to enhance environmental protection in urban areas, reduce disproportionate risks facing urban communities, and promote economic revitalization and environmentally sustainable development; (3) develop and recommend initiatives to expand opportunities for the export of United States financial services and environmental technologies; (4) develop alternative financing mechanisms to assist State and local governments in paying for environmental programs; (5) develop alternative financing mechanisms and strategies to meet the unique needs of small and economically disadvantaged communities; and (6) undertake such other activities as the Board determines will further the purpose of this Act. (d) Recommendations.--The Board may recommend to Congress and the Administrator legislative and policy initiatives to make financing for environmental protection more available and less costly. (e) Open Meetings.--The Board shall hold open meetings and seek input from the public and other interested parties in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) and shall otherwise be subject to the Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 1996 through 2000. SEC. 5. ENVIRONMENTAL FINANCE CENTERS. (a) In General.--The Administrator shall establish and support an Environmental Finance Center in an institution of higher education in each of the regions of the Environmental Protection Agency. (b) Duties and Powers.--A Center shall coordinate the activities of the Center with the Board and may-- (1) provide on-site and off-site training of State and local officials; (2) publish newsletters, course materials, proceedings, and other publications relating to financing of environmental infrastructure; (3) initiate and conduct conferences, seminars, and advisory panels on specific financial issues relating to environmental programs and projects; (4) establish electronic database and contact services to disseminate information to public entities on financing alternatives for State and local environmental programs; (5) generate case studies and special reports; (6) develop inventories and surveys of financial issues and needs of State and local governments; (7) identify financial programs, initiatives, and alternative financing mechanisms for training purposes; (8) hold public meetings on finance issues; and (9) collaborate with another Center on projects and exchange information. (c) Grants.--The Administrator may make grants to institutions of higher education to carry out this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 1996 through 2000.

Summary: Environmental Finance Act of 1995 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in institutions of higher education in each of the regions of the EPA. Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financing mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information. Permits the Administrator to make grants to institutions of higher education to carry out the Center program. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Terrorists Prosecution Act of 2006''. SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT. Paragraph (1) of section 948a of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended to read as follows: ``(1) Unlawful enemy combatant.--The term `unlawful enemy combatant' means an individual who directly participates in hostilities as part of an armed conflict against the United States who is not a lawful enemy combatant. The term is used solely to designate individuals triable by military commission under this chapter.''. SEC. 3. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS BY COMBATANT STATUS REVIEW TRIBUNAL NOT DISPOSITIVE FOR PURPOSES OF JURISDICTION OF MILITARY COMMISSIONS. Section 948d of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended-- (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS OBTAINED BY COERCION. Section 948r of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by striking subsections (c) and (d) and inserting the following new subsection (c): ``(c) Exclusion of Statements Obtained by Coercion.--A statement obtained by use of coercion shall not be admissible in a military commission under this chapter, except against a person accused of coercion as evidence that the statement was made.''. SEC. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY EVIDENCE DETERMINED TO BE UNRELIABLE OR LACKING IN PROBATIVE VALUE. Section 949a(b)(2)(E)(ii) of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by striking ``if the party opposing the admission of the evidence demonstrates that the evidence is unreliable or lacking in probative value'' and inserting ``if the military judge determines, upon motion by counsel, that the evidence is unreliable or lacking in probative value''. SEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS IN EVENT THAT A SUBSTITUTE FOR CLASSIFIED EXCULPATORY EVIDENCE IS INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A FAIR TRIAL. Section 949j(d)(1) of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by adding at the end the following: ``If the military judge determines that the substitute is not sufficient to protect the right of the defendant to a fair trial, the military judge may-- ``(A) dismiss the charges in their entirety; ``(B) dismiss the charges or specifications or both to which the information relates; or ``(C) take such other actions as may be required in the interest of justice.''. SEC. 7. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES RATHER THAN COURT OF MILITARY COMMISSION REVIEW. (a) Review.-- (1) In general.--Section 950f of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended to read as follows: ``Sec. 950f. Review by Court of Appeals for the Armed Forces ``(a) Cases To Be Reviewed.--The United States Court of Appeals for the Armed Forces, in accordance with procedures prescribed under regulations of the Secretary, shall review the record in each case that is referred to the Court by the convening authority under section 950c of this title with respect to any matter of law raised by the accused. ``(b) Scope of Review.--In a case reviewed by the United States Court of Appeals for the Armed Forces under this section, the Court may only act with respect to matters of law.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter VI of chapter 47A of such title (as so enacted) is amended by striking the item relating to section 950f and inserting the following new item: ``950f. Review by Court of Appeals for the Armed Forces.''. (b) Conforming Amendments.-- (1) In general.--Chapter 47A of title 10, United States Code (as so enacted), is further amended as follows: (A) In section 950c(a), by striking ``the Court of Military Commission Review'' and inserting ``the United States Court of Appeals for the Armed Forces''. (B) In section 950d, by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (C) In section 950g(a)(2), by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (D) In section 950h, by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (2) Uniform code of military justice.--Section 867a(a) of title 10, United States Code (article 67a(a) of the Uniform Code of Military Justice), is amended by striking ``Decisions'' and inserting ``Except as provided in sections 950d and 950g of this title, decisions''. SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS. (a) In General.--Section 6(a) of the Military Commissions Act of 2006 (Public Law 109-366) is amended-- (1) in paragraph (2)-- (A) in the first sentence, by inserting after ``international character'' the following: ``and preserve the capacity of the United States to prosecute nationals of enemy powers for engaging in acts against members of the United States Armed Forces and United States citizens that have been prosecuted by the United States as war crimes in the past''; and (B) by striking the second sentence; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate'' and inserting ``the President has the authority, subject to congressional oversight and judicial review, to promulgate''; and (ii) by striking ``higher standards and''; (B) in subparagraph (B), by striking ``interpretations'' and inserting ``rules''; and (C) by amending subparagraph (D) to read as follows: ``(D) The President shall notify other parties to the Geneva Conventions that the United States expects members of the United States Armed Forces and other United States citizens detained in a conflict not of an international character to be treated in a manner consistent with the standards described in subparagraph (A) and embodied in section 2441 of title 18, United States Code, as amended by subsection (b).''. (b) Modifications of War Crimes Offenses.-- (1) Inclusion of denial of trial rights among offenses.-- Paragraph (1) of section 2441(d) of title 18, United States Code (as enacted by the Military Commissions Act of 2006), is amended by adding at the end the following new subparagraph: ``(J) Denial of trial rights.--The act of a person who intentionally denies one or more persons the right to be tried before a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples as prescribed by common Article 3 of the Geneva Conventions.''. (2) Definition of serious physical pain or suffering.-- Clause (ii) of subparagraph ((D) of paragraph (2) of such section (as so enacted) is amended to read as follows: ``(ii) serious physical pain;''. SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE UNITED STATES. (a) Restoration.--Subsection (e) of section 2241 of title 28, United States Code, as amended by section 7(a) of the Military Commissions Act of 2006 (Public Law 109-366), is repealed. (b) Conforming Amendment.--Subsection (b) of section 7 of the Military Commissions Act of 2006 (Public Law 109-366) is repealed. SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS ACT OF 2006. Notwithstanding any other provision of law, the following rules shall apply to any civil action, including an action for declaratory judgment, that challenges any provision of the Military Commissions Act of 2006 (Public Law 109-366), or any amendment made by that Act, on the ground that such provision or amendment violates the Constitution or the laws of the United States: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard in that Court by a court of three judges convened pursuant to section 2284 of title 28, United States Code. (2) An interlocutory or final judgment, decree, or order of the United States District Court for the District of Columbia in an action under paragraph (1) shall be reviewable as a matter of right by direct appeal to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after the date on which such judgment, decree, or order is entered. The jurisdictional statement with respect to any such appeal shall be filed within 30 days after the date on which such judgment, decree, or order is entered. (3) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any action or appeal, respectively, brought under this section. SEC. 11. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 17, 2006, the date of the enactment of the Military Commissions Act of 2006 (Public Law 109-366), immediately after the enactment of that Act and shall apply to all cases, without exception, that are pending on or after such date.

Summary: Effective Terrorists Prosecution Act of 2006 - Amends federal armed forces provisions enacted by the Military Commissions Act of 2006 to, among other things: (1) exclude from military commission (commission) trials statements obtained by coercion; (2) allow a commission military judge to exclude hearsay evidence determined to be unreliable or lacking in probative value; (3) provide for review of commission decisions by the U.S. Court of Appeals for the Armed Forces rather than the Court of Military Commission Review; (4) revise generally provisions concerning the implementation of treaty obligations with respect to the U.S. prosecution of enemy combatants; (5) restore habeas corpus rights for individuals detained by the United States; and (6) provide for expedited judicial review of provisions of the Military Commissions Act of 2006.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting Consumer Phone Records Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Unauthorized acquisition, use, or sale of confidential customer proprietary network telephone information. Sec. 3. Enhanced confidentiality procedures. Sec. 4. Penalties; extension of confidentiality requirements to other entities. Sec. 5. Enforcement by Federal Trade Commission. Sec. 6. Concurrent enforcement by Federal Communications Commission. Sec. 7. Enforcement by States. Sec. 8. Preemption of State law. Sec. 9. Consumer outreach and education. SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK TELEPHONE INFORMATION. (a) In General.--It is unlawful for any person-- (1) to acquire or use the customer proprietary network information of another person without that person's affirmative written consent, which shall include electronic consent that meets the requirements of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.); (2) to misrepresent that another person has consented to the acquisition or use of such other person's customer proprietary network information in order to acquire such information; (3) to obtain unauthorized access to the data processing system or records of a telecommunications carrier or an IP- enabled voice service provider in order to acquire the customer proprietary network information of 1 or more other persons; (4) to sell, or offer for sale, customer proprietary network information; or (5) to request that another person obtain customer proprietary network information from a telecommunications carrier or IP-enabled voice service provider, knowing that the other person will obtain the information from such carrier or provider in any manner that is unlawful under this subsection. (b) Exceptions.-- (1) Application with section 222 of communications act of 1934.--Subsection (a) does not prohibit a telecommunications carrier or an IP-enabled voice service provider or any third party that lawfully obtains customer proprietary network information from a carrier or provider from engaging in any act or practice that was not prohibited by section 222 of the Communications Act of 1934 (47 U.S.C. 222) or regulations that are consistent with the provisions of section 222, as that section and those regulations were in effect on the day before the date of enactment of this Act. (2) Application of other laws.--This Act does not prohibit any act or practice otherwise authorized by law, including any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States. (3) Treatment of ip-enabled voice service providers.-- Notwithstanding any other provision of this section, an IP- enabled voice service provider may engage in any act or practice with respect to customer proprietary network information in which a telecommunications carrier may engage under paragraph (1) of this subsection. (4) Caller id.--Nothing in this Act prohibits the use of caller identification services by any person to identify the originator of telephone calls received by that person. (c) Private Right of Action for Providers.-- (1) In general.--A telecommunications carrier or IP-enabled voice service provider may bring a civil action in an appropriate State court, or in any United States district court that meets applicable requirements relating to venue under section 1391 of title 28, United States Code, or for any judicial district in which the carrier or service provider resides or conducts business-- (A) based on a violation of this section or the regulations prescribed under this section to enjoin such violation; (B) to recover for actual monetary loss from such a violation, or to receive $11,000 in damages for each such violation, whichever is greater; or (C) both. (2) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1) of this subsection. (3) Inflation adjustment.--The $11,000 amount in paragraph (1)(B) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (d) Private Right of Action for Consumers.-- (1) In general.--An individual who has been injured as a direct result of his or her confidential proprietary network information being obtained, used, or sold in violation of this section may file a civil action in any court of competent jurisdiction against the person who caused the injury by violating this section. (2) Remedies.--A court in which such civil action has been brought may award damages of not more than $11,000 for each violation of this section with respect to the plaintiff's customer proprietary network information. (3) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to not more than 3 times the damages determined by the court under paragraph (2). (4) Inflation adjustment.--The $11,000 amount in paragraph (2) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (e) Civil Penalty.-- (1) In general.--Any person who violates this section shall be subject to a civil penalty of not more than $11,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $11,000,000 for any single act or failure to act. (2) Separate violations.--A violation of this section with respect to the customer proprietary network information of 1 person shall be treated as a separate violation from a violation with respect to the customer proprietary network information of any other person. (f) Limitation.--Nothing in this Act or section 222 of the Communications Act of 1934 (47 U.S.C. 222) authorizes a customer to bring a civil action against a telecommunications carrier or an IP- enabled voice service provider. (g) Definitions.--In this section: (1) Customer proprietary network information.--The term ``customer proprietary network information'' has the meaning given that term by-- (A) section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) with respect to telecommunications carriers; and (B) section 715(b)(1) of such Act with respect to IP-enabled voice service providers. (2) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. (3) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given it by section 3(44) of the Communications Act of 1934 (47 U.S.C. 3(44)). SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES. (a) In General.--Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall-- (1) revise or supplement its regulations, to the extent the Commission determines it is necessary, to require a telecommunications carrier or IP-enabled voice service provider to protect-- (A) the security and confidentiality of customer proprietary network information (as defined in section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) or as defined in section 715(b)(1) of such Act with respect to IP-enabled voice service providers); (B) customer proprietary network information against any anticipated threats or hazards to its security or confidentiality; and (C) customer proprietary network information from unauthorized access or use that could result in substantial harm or inconvenience to its customers; and (2) ensure that any revised or supplemental regulations are similar in scope and structure to the Federal Trade Commission's regulations in part 314 of title 16, Code of Federal Regulations, as such regulations are in effect on the date of enactment of this Act, taking into consideration the differences between financial information and customer proprietary network information. (b) Compliance Certification.--Each telecommunications carrier and IP-enabled voice service provider to which the regulations under subsection (a) and section 222 or 715 of the Communications Act of 1934 apply shall file with the Commission annually a certification that, for the period covered by the filing, it has been in compliance with those requirements. SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER ENTITIES. (a) Penalties.--Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by inserting after section 508 the following: ``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK INFORMATION VIOLATIONS. ``(a) Civil Forfeiture.-- ``(1) In general.--Any person determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated section 2 of the Protecting Consumer Phone Records Act shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this subsection shall not exceed $30,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act. ``(2) Recovery.--Any forfeiture penalty determined under paragraph (1) shall be recoverable pursuant to section 504(a) of this Act. ``(3) Procedure.--No forfeiture liability shall be determined under paragraph (1) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4) of this Act. ``(4) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under paragraph (1) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability.''. (b) Extension of Confidentiality Requirements to IP-Enabled Voice Service Providers.-- (1) In general.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end thereof the following: ``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY IP-ENABLED VOICE SERVICE PROVIDERS. ``(a) In General.-- ``(1) General duty of confidentiality.--An IP-enabled voice service provider has a duty to protect the confidentiality of proprietary information of, and relating to, other IP-enabled voice service providers, telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by another telecommunications carrier or an IP-enabled voice service provider. ``(2) Carrier information.--An IP-enabled voice service provider that receives or obtains proprietary information from a telecommunications carrier or another IP-enabled voice service provider for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts. ``(3) Customer proprietary network information.--Within 90 days after the date of enactment of the Protecting Consumer Phone Records Act, the Commission shall initiate a rulemaking proceeding to apply the requirements of section 222, and regulations thereunder, to IP-enabled voice service providers to the same extent, in the same manner, and subject to the same penalties for failure to comply with those requirements as are applicable to telecommunications carriers. ``(b) Definitions.--In this section: ``(1) Customer proprietary network information.--The term `customer proprietary network information' has the meaning given that term by section 222(i) of this Act, except that-- ``(A) the reference in section 222(i)(1)(B) of this Act to telephone exchange service or telephone toll service shall be considered to refer also to IP-enabled voice service; and ``(B) it does not include information that is related to non-voice service features bundled with IP- enabled voice service. ``(2) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. ``(3) Other terms.--Except as provided in paragraph (1), any term used in subsection (a) that is defined or used in section 222 of this Act has the same meaning as when used in that section.''. (2) Duty of telecommunications carriers with respect to cpni from ip-enabled voice service providers.--Section 222(a) of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended by inserting after ``carrier.'' the following: ``A telecommunications carrier has the same duties under this section with respect to the confidentiality of proprietary information of, or relating to, an IP-enabled voice service provider, and with respect to customer proprietary network information received or obtained from an IP-enabled voice service provider, as it has under this section with respect to another telecommunications carrier.''. (c) Telecommunications Carrier Notification Requirement.--Section 222 of the Communications Act of 1934 (47 U.S.C. 222), is amended-- (1) by redesignating subsection (h) as subsection (i); (2) by inserting after subsection (g) the following new subsection: ``(h) Notice of Violations.-- ``(1) In general.--The Commission shall by regulation require each telecommunications carrier to notify a customer within 14 calendar days after the carrier or provider is notified of, or becomes aware of, an incident in which customer proprietary network information relating to such customer was disclosed to someone other than the customer in violation of this section or section 2 of the Protecting Consumer Phone Records Act. ``(2) Law enforcement and homeland security related delays.--Notwithstanding paragraph (1), a telecommunications carrier may delay the required notification for a reasonable period of time if-- ``(A) a Federal or State law enforcement agency determines that giving notice within the 14-day period would materially impede a civil or criminal investigation; or ``(B) a Federal national security agency or the Department of Homeland Security determines that giv

Summary: Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent; (2) represent that another person has consented in order to acquire such information; (3) obtain unauthorized access to certain systems or records in order to acquire such information; (4) sell or offer for sale such information; or (5) request that another person unlawfully obtain such information. Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act. Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information. Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information. Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements. Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law. Requires public education about the protection afforded such information.


SECTION 1. MODIFICATION OF MONTH OF DEATH BENEFIT FOR SURVIVING SPOUSES OF VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR PENSION. (a) Surviving Spouse Benefit for Month of Veteran's Death.-- Subsections (a) and (b) of section 5310 of title 38, United States Code, are amended to read as follows: ``(a) In General.--(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran's death if at the time of the veteran's death-- ``(A) the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or ``(B) the veteran was not receiving compensation or pension under chapter 11 or 15 of this title but the veteran had a claim pending for the month of the veteran's death for which benefits would have been payable under chapter 11 or 15 of this title had the veteran not died. ``(2) The amount of benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title for the month of the veteran's death had the veteran not died. ``(3) Any benefits payable under this section on behalf of a veteran who was not in receipt of such benefits as of the month of the veteran's death shall be paid to the surviving spouse as accrued benefits. ``(b) Claims Pending Adjudication.--If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran's death and the check or other payment issued to the veteran's surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran's death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under section 5121 of this title.''. (b) Month of Death Benefit Exempt From Delayed Commencement of Payment.--Section 5111(c)(1) of such title is amended by striking ``apply to'' and all that follows through ``death occurred'' and inserting the following: ``not apply to payments made pursuant to section 5310 of this title''. (c) Prohibition on Requests for Return of Certain Checks and Payments.--In the case of a surviving spouse who was a dependent with respect to whom additional compensation for dependents was payable under section 1115 of title 38, United States Code, or additional pension as a married veteran under chapter 15 of such title, as of the date of the veteran's death, if a check or other payment issued to the veteran as a benefit payment under chapter 11 or 15 of title 38, United States Code, for the month in which death occurs is negotiated, deposited, or otherwise accessed by the surviving spouse-- (1) the check or payment shall be considered to be the benefit payable to the surviving spouse under section 5310(a)(1) of title 38, United States Code (as amended by subsection (a)), to the extent that the check or payment equals the amount which would otherwise be payable under such section; and (2) the Secretary may not require the surviving spouse to return the check or payment. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to deaths that occur on or after that date. SEC. 2. ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES OF INDIVIDUALS WHO DIE WHILE SERVING IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE. Section 112 of title 38, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a)(1) At the request of the President, the Secretary may conduct a program for honoring the memory of covered individuals by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's recognition of the covered individual's service in the Armed Forces. ``(2) The award of a certificate to one eligible recipient shall not preclude authorization of another certificate if a request is received from some other eligible recipient.''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following new subsection (b): ``(b) For purposes of this section, a covered individual is any of the following: ``(1) A deceased veteran discharged under honorable conditions. ``(2) An individual who dies while serving in the active military, naval, or air service.''. SEC. 3. MODIFICATION TO AUTHORIZE SATISFACTION OF OCCUPANCY REQUIREMENT ON PROPERTY FINANCED WITH HOUSING LOAN BENEFITS FOR VETERANS BY OCCUPANCY OF DEPENDENT CHILDREN. Paragraph (2) of section 3704(c) of title 38, United States Code, is amended to read as follows: ``(2) In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be satisfied if-- ``(A) the veteran's spouse occupies or intends to occupy the property as a home and the spouse makes the certification required by paragraph (1); or ``(B) the veteran's dependent child occupies or will occupy the property as a home and the veteran's attorney-in-fact or a legal guardian of the veteran's dependent child makes the certification required by paragraph (1).''. SEC. 4. COVENANTS AND LIENS CREATED BY PUBLIC ENTITIES IN RESPONSE TO DISASTER-RELIEF ASSISTANCE. Paragraph (3) of section 3703(d) of title 38, United States Code, is amended to read as follows: ``(3)(A) Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of-- ``(i) a public entity that has provided or will provide assistance in response to a major disaster as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or ``(ii) a private entity to secure an obligation to such entity for the homeowner's share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran's realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. ``(B) With respect to any superior lien described in subparagraph (A) created after June 6, 1969, the Secretary's determination under clause (ii) of such subparagraph must have been made prior to the recordation of the covenant.''.

Summary: Entitles a surviving spouse to a benefit for the month of a veteran's death if, at the time of the veteran's death: (1) the veteran was receiving veterans' disability compensation or veteran's pension, or (2) the veteran was not receiving such compensation or pension but had a claim pending for the month of the veteran's death for which benefits would have been payable had the veteran not died. Prohibits the Secretary of Veterans Affairs (VA) from requesting the return of a check or payment made to a surviving spouse, in the month in which the veteran's death occurs, as additional compensation for a dependent or additional pension as a married veteran. Includes under the VA's presidential memorial certificate program (a program presenting a presidential certificate of appreciation for service in the Armed Forces) an individual who dies during active service. Considers a veteran who is unable to occupy a home because of active-duty status to have satisfied the occupancy requirement relating to housing financed through the VA if the veteran's dependent child is occupying or will occupy the home and the veteran's attorney or a legal guardian of the dependent child makes the VA-required occupancy certification. Authorizes the VA to guarantee a veterans' housing loan regardless of whether such loan is subordinate to a lien created in favor of a public entity that provides assistance in response to a major disaster.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993''. TITLE I--AUTHORIZATION OF APPROPRIATIONS SEC. 101. NATIONAL WEATHER SERVICE. (a) Operations and Research.--There are authorized to be appropriated to the Secretary of Commerce (in this Act referred to as the ``Secretary'') to enable the National Oceanic and Atmospheric Administration to carry out the operations and research duties of the National Weather Service, $473,256,000 for fiscal year 1994 and $492,185,000 for fiscal year 1995. Such duties include meteorological, hydrological, and oceanographic public warnings and forecasts, as well as applied research in support of such warnings and forecasts. (b) Systems Acquisition.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the public warning and forecast systems duties of the National Weather Service, $76,299,000 for fiscal year 1994 and $14,600,000 for fiscal year 1995. Such duties include the development, acquisition, and implementation of major public warning and forecast systems. None of the funds authorized under this subsection shall be used for the purposes for which funds are authorized under section 102(b) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567). None of the funds authorized under this subsection for fiscal year 1995 shall be used for the purposes for which funds are authorized under subsections (c) and (d) of this section. No funds may be expended for Next Generation Doppler Weather Radar (NEXRAD) until the requirements of paragraph (2)(A) or (B) of such section 102(b) have been fulfilled by the Secretary. None of the funds authorized by such section 102(b) shall be expended for a particular NEXRAD installation unless-- (1) it is identified as a National Weather Service NEXRAD installation in the National Implementation Plan for modernization of the National Weather Service for fiscal year 1994, required under section 703 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567); (2) the Secretary, in consultation with the Modernization Transition Committee established under section 707 of the National Oceanic and Atmospheric Administration Authorization Act of 1992, has made a determination of technical and programmatic necessity with respect to such installation and a period of 60 legislative days after the transmittal to the Congress of such determination, or the period between such transmittal and the next October 1, whichever period is longer, has passed; or (3) it is to be used only for spare parts, not as an installation at a particular site. For purposes of this subsection, the term ``legislative day'' means any day on which either House of Congress is in session. (c) ASOS Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $30,808,000, to remain available until expended, to complete the acquisition and deployment of-- (A) the Automated Surface Observing System and related systems, including multisensor and backup arrays for National Weather Service sites at airports; and (B) Automated Meteorological Observing System and Remote Automated Meteorological Observing System replacement units, and to cover all associated activities, including program management and operations and maintenance through September 30, 1996. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the systems meet the technical performance specifications included in the system contract as in effect on February 20, 1991; (ii) the systems can be fully deployed, sited, and operational without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any delays in the systems deployment and operations schedule; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the systems deployment and operations schedule and systems coverage; and (iv) a justification for proceeding with the program, if appropriate. (d) AWIPS Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $315,887,000, to remain available until expended, to complete the acquisition and deployment of the Advanced Weather Interactive Processing System and NOAA Port and to cover all associated activities, including program management and operations and maintenance through September 30, 1999. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the systems meet the technical performance specifications included in the system contract as in effect on January 5, 1993; (ii) the systems can be fully deployed, sited, and operational without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any delays in the systems deployment and operations schedule; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the systems deployment and operations schedule and systems coverage; and (iv) a justification for proceeding with the program, if appropriate. (e) Construction of Weather Forecast Offices.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out construction, repair, and modification activities relating to new and existing weather forecast offices, $62,784,000 for fiscal year 1994 and $14,739,000 for fiscal year 1995. Such activities include planning, design, and land acquisition related to such offices. SEC. 102. ATMOSPHERIC RESEARCH. (a) Climate and Air Quality Research.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its climate and air quality research duties, $105,922,000 for fiscal year 1994 and $138,737,000 for fiscal year 1995. Such duties include interannual and seasonal climate research and long-term climate and air quality research. (2) Climate and global change.--Of the sums authorized under paragraph (1), $66,902,000 for fiscal year 1994 and $84,573,000 for fiscal year 1995 are authorized to be appropriated for the purposes of studying climate and global change, including global observations, monitoring, and data and information management relating to the study of changes in the Earth's climatic system, and fundamental research on oceanic and atmospheric processes critical to climate prediction and diagnostics. (b) Atmospheric Programs.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its atmospheric research duties, $42,103,000 for fiscal year 1994 and $52,980,000 for fiscal year 1995. Such duties include research for developing improved prediction capabilities for atmospheric processes, as well as solar-terrestrial research and services. SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE. (a) Satellite Observing Systems.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its satellite observing systems duties, $206,383,000 for fiscal year 1994 and $217,710,000 for fiscal year 1995, except that no funds may be expended for Geostationary Operational Environmental Satellite until the requirements of section 105(d)(2) (A) or (B) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567) have been fulfilled by the Secretary. Such duties include spacecraft procurement, launch, and associated ground station systems involving polar orbiting and geostationary environmental satellites, as well as the operation of such satellites. None of the funds authorized under this subsection shall be used for the purposes for which funds are authorized under section 105(d) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567). None of the funds authorized under this subsection for fiscal year 1995 shall be used for the purposes for which funds are authorized under subsection (b) of this section. (b) POES Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $196,343,000, to remain available until expended, to complete the procurement of Polar Orbiting Environmental Satellites J, K, L, and M, and the procurement of the launching and supporting ground systems of such satellites. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the satellite instruments meet the technical performance specifications included in the satellite contracts as in effect on July 27, 1988; (ii) the procurements can be completed without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any gaps in two-satellite service operations resulting from nonperformance of the satellite contract; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the launch schedule and satellite coverage; and (iv) a justification for proceeding with the program, if appropriate. (3) No funds for Polar Orbiting Environmental Satellites, other than for Polar Orbiting Environmental Satellites J, K, L, and M, are authorized to be appropriated under subsection (a) unless the Director of the Office of Science and Technology Policy submits an implementation plan for a single operational polar environmental and weather satellite system and the policy for polar satellite system convergence with the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT). (c) Environmental Data and Information Services.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its environmental data and information services duties, $34,068,000 for fiscal year 1994 and $41,227,000 for fiscal year 1995. Such duties include climate data services, geophysical data services, and environmental assessment and information services. SEC. 104. PROGRAM SUPPORT. (a) Administration and Services.--There are authorized to be appropriated to the Secretary for Administration and Services, $73,319,000 for fiscal year 1994 and $76,252,000 for fiscal year 1995. (b) Aircraft Services.--There are authorized to be appropriated to the Secretary for Aircraft Services and Aircraft Critical Safety and Instrumentation, $9,495,000 for fiscal year 1994 and $9,875,000 for fiscal year 1995. SEC. 105. LIMITATION ON APPROPRIATIONS. Notwithstanding any other provision of law, except as provided in section 101(c) and (d) and section 103(b), no funds are authorized to be appropriated for any fiscal year after fiscal year 1995 for carrying out the programs for which funds are authorized by this Act. This section shall not apply to the programs described in section 102(a)(2) or section 104(a). TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. STRATEGIC PLAN FOR ENVIRONMENTAL RESEARCH LABORATORIES. (a) Assessment.--The Secretary shall conduct an assessment of the long-term role and mission of the Environmental Research Laboratories of the National Oceanic and Atmospheric Administration and the relevance of the research conducted therein to issues of global and national importance. In conducting such assessment, the Secretary shall take into consideration-- (1) the adequacy of resources provided to support the missions of the Environmental Research Laboratories; (2) the ability of the Environmental Research Laboratories to provide research support for the coastal and ocean management and regulatory responsibilities of the National Oceanic and Atmospheric Administration; (3) the capacity of the Environmental Research Laboratories to process and disseminate environmental data and information collected and processed, or expected to be collected and processed, by the National Oceanic and Atmospheric Administration and other appropriate Federal departments and agencies; (4) the mission of the Environmental Research Laboratories to provide solar-terrestrial services to the Nation; (5) the ability of the Environmental Research Laboratories to provide continued support for the modernization of weather services; (6) the responsibilities of the Environmental Research Laboratories to monitor, assess, and predict changes in the Earth's climate; (7) the capability of the Environmental Research Laboratories to integrate and interpret scientific data in order to provide information useful to policy makers for responding to national and global environmental concerns; (8) the operational efficiency and effectiveness of the Environmental Research Laboratories; (9) the interaction of the Environmental Research Laboratories with the academic community, including Joint and Cooperative Institutes, and the ability of these interactions to improve the quality and effectiveness of research; (10) the number, location, and geographic distribution of the Environmental Research Laboratories; and (11) any other issues that the Secretary may identify. (b) Comprehensive Strategic Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Merchant Marine and Fisheries of the House of Representatives a comprehensive strategic plan, based on the assessment conducted under subsection (a), to modernize and improve the role and mission of the Environmental Research Laboratories of the National Oceanic and Atmospheric Administration. The assessment conducted under subsection (a) shall be submitted along with such plan. SEC. 202. HYDROLOGICAL RESEARCH AND FLOOD FORECAST MODERNIZATION REPORT. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report identifying the actions required to improve the hydrological research programs and to modernize the Flood Forecasting System of the National Weather Service. (b) Report Contents.--The report required under subsection (a) shall include consideration of-- (1) current, planned, and potential technological improvements in the collection of observational hydrological data; (2) use of additional satellite remote-sensing data and airborne surveys, including those systems operated by other Federal agencies, for hydrological data collection; (3) improvements in data analysis and computer modeling in support of flood forecasts and predictions; and (4) full integration of the River Forecast Centers in the National Weather Service Modernization Plan. SEC. 203. SENSE OF CONGRESS. It is the sense of Congress that any transfers of National Weather Service employees from field offices necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not result in the degradation of services in the service area of such field office. Passed the House of Representatives November 20, 1993. Attest: DONNALD K. ANDERSON, Clerk. By Dallas L. Dendy, Jr., Assistant to the Clerk. HR 2811 RFS----2

Summary: National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993 - Title I: Authorization of Appropriations - Authorizes appropriations to the Secretary of Commerce for: (1) the National Weather Service (operations and research, systems acquisition, and construction of NEXRAD facilities and weather forecast offices); (2) atmospheric research (climate and air quality research and atmospheric programs); (3) national environmental data and information services and satellite observing systems; and (4) program support (administration and services and aircraft services). Title II: Miscellaneous Provisions - Directs the Secretary to: (1) develop a strategic plan for the National Oceanic and Atmospheric Administration's environmental research laboratories; and (2) prepare a hydrological research and flood forecasting modernization report. Expresses the sense of the Congress that any transfers of National Weather Service field office employees necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not degrade field services.