SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Atlantic Fisheries Convention Act of 1995''. SEC. 2. REPRESENTATION OF UNITED STATES UNDER CONVENTION. (a) Commissioners.-- (1) Appointments, generally.--The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the General Council and the Fisheries Commission, who shall each-- (A) be known as a ``United States Commissioner to the Northwest Atlantic Fisheries Organization''; and (B) serve at the pleasure of the Secretary. (2) Requirements for appointments.-- (A) The Secretary shall ensure that of the individuals serving as Commissioners-- (i) at least 1 is appointed from among representatives of the commercial fishing industry; (ii) 1 (but no more than 1) is an official of the Government; and (iii) 1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council. (B) The Secretary may not appoint as a Commissioner an individual unless the individual is knowledgeable and experienced concerning the fishery resources to which the Convention applies. (3) Terms.-- (A) The term of an individual appointed as a Commissioner-- (i) shall be specified by the Secretary at the time of appointment; and (ii) may not exceed 4 years. (B) An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner. (b) Alternate Commissioners.-- (1) Appointment.--The Secretary may, for any anticipated absence of a duly appointed Commissioner at a meeting of the General Council or the Fisheries Commission, designate an individual to serve as an Alternate Commissioner. (2) Functions.--An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated. (c) Representatives.-- (1) Appointment.--The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Scientific Council, who shall each be known as a ``United States Representative to the Northwest Atlantic Fisheries Organization Scientific Council''. (2) Eligibility for appointment.-- (A) The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council. (B) The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government. (3) Term.--An individual appointed as a Representative-- (A) shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment; (B) may be reappointed; and (C) shall serve at the pleasure of the Secretary. (d) Alternate Representatives.-- (1) Appointment.--The Secretary may, for any anticipated absence of a duly appointed Representative at a meeting of the Scientific Council, designate an individual to serve as an Alternate Representative. (2) Functions.--An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated, at any meeting of the Scientific Council for which the Alternate Representative is designated. (e) Experts and Advisers.--The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers. (f) Coordination and Consultation.-- (1) In general.--In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall-- (A) coordinate with the appropriate Regional Fishery Management Councils established by section 302 of the Magnuson Act (16 U.S.C. 1852); and (B) consult with the committee established under section 8 of this Act. (2) Relationship to other law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coordination and consultations under this subsection. SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE. (a) Restriction.--The Representatives may not make a request or specification described in subsection (b) (1) or (2), respectively, unless the Representatives have first-- (1) consulted with the appropriate Regional Fishery Management Councils; and (2) received the consent of the Commissioners for that action. (b) Requests and Terms of Reference Described.--The requests and specifications referred to in subsection (a) are, respectively-- (1) any request, under Article VII(1) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and (2) any specification, under Article VIII(2) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(1) of the Convention. SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION. The Secretary of State may, on behalf of the Government of the United States-- (1) receive and transmit reports, requests, recommendations, proposals, and other communications of and to the Organization and its subsidiary organs; (2) object, or withdraw an objection, to the proposal of the Fisheries Commission; (3) give or withdraw notice of intent not to be bound by a measure of the Fisheries Commission; (4) object or withdraw an objection to an amendment to the Convention; and (5) act upon, or refer to any other appropriate authority, any other communication referred to in paragraph (1). SEC. 5. INTERAGENCY COOPERATION. (a) Authorities of Secretary.--In carrying out the provisions of the Convention and this Act, the Secretary may arrange for cooperation with other agencies of the United States, the States, the New England and the Mid-Atlantic Fishery Management Councils, and private institutions and organizations. (b) Other Agencies.--The head of any Federal agency may-- (1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and (2) accept reimbursement from the Organization for providing such services, facilities, and personnel. SEC. 6. RULEMAKING. The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located. SEC. 7. PROHIBITED ACTS AND PENALTIES. (a) Prohibition.--It is unlawful for any person or vessel that is subject to the jurisdiction of the United States-- (1) to violate any regulation issued under this Act or any measure that is legally binding on the United States under the Convention; (2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person's control for purposes of conducting any search or inspection in connection with the enforcement of this Act, any regulation issued under this Act, or any measure that is legally binding on the United States under the Convention; (3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search or inspection described in paragraph (2); (4) to resist a lawful arrest for any act prohibited by this section; (5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this section; or (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section. (b) Civil Penalty.--Any person who commits any act that is unlawful under subsection (a) shall be liable to the United States for a civil penalty, or may be subject to a permit sanction, under section 308 of the Magnuson Act (16 U.S.C. 1858). (c) Criminal Penalty.--Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). (d) Civil Forfeiture.-- (1) In general.--Any vessel (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act that is unlawful under subsection (a), and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act that is unlawful under subsection (a), shall be subject to seizure and forfeiture as provided in section 310 of the Magnuson Act (16 U.S.C. 1860). (2) Disposal of fish.--Any fish seized pursuant to this Act may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulations issued by the Secretary. (e) Enforcement.--The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this Act and shall have the authority specified in sections 311 (a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that purpose. (f) Jurisdiction of Courts.--The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this section and may, at any time-- (1) enter restraining orders or prohibitions; (2) issue warrants, process in rem, or other process; (3) prescribe and accept satisfactory bonds or other security; and (4) take such other actions as are in the interests of justice. SEC. 8. CONSULTATIVE COMMITTEE. (a) Establishment.--The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention. (b) Membership.--(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. (2) Terms and Reappointment.--Each member of the consultative committee shall serve for a term of two years and shall be eligible for reappointment. (c) Duties of the Committee.--Members of the consultative committee may attend-- (1) all public meetings of the General Council or the Fisheries Commission; (2) any other meetings to which they are invited by the General Council or the Fisheries Commission; and (3) all nonexecutive meetings of the United States Commissioners. (d) Relationship to Other Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultative committee established under this section. SEC. 9. ADMINISTRATIVE MATTERS. (a) Prohibition on Compensation.--A person shall not receive any compensation from the Government by reason of any service of the person as-- (1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative; (2) an expert or adviser authorized under section 202(e); or (3) a member of the consultative committee established by section 8. (b) Travel and Expenses.--The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six experts and advisers authorized under section 2(e) with respect to their actual performance of their official duties pursuant to this Act, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (c) Status as Federal Employees.--A person shall not be considered to be a Federal employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5, United States Code, and chapter 17 of title 28, United States Code, respectively. SEC. 10. DEFINITIONS. In this Act the following definitions apply: (1) Authorized enforcement officer.--The term ``authorized enforcement officer'' means a person authorized to enforce this Act, any regulation issued under this Act, or any measure that is legally binding on the United States under the Convention. (2) Commissioner.--The term ``Commissioner'' means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 2(a). (3) Convention.--The term ``Convention'' means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978. (4) Fisheries commission.--The term ``Fisheries Commission'' means the Fisheries Commission provided for by Articles II, XI, XII, XIII, and XIV of the Convention. (5) General council.--The term ``General Council'' means the General Council provided for by Article II, III, IV, and V of the Convention. (6) Magnuson act.--The term ``Magnuson Act'' means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (7) Organization.--The term ``Organization'' means the Northwest Atlantic Fisheries Organization provided for by Article II of the Convention. (8) Person.--The term ``person'' means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State). (9) Representative.--The term ``Representative'' means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 2(c). (10) Scientific council.--The term ``Scientific Council'' means the Scientific Council provided for by Articles II, VI, VII, VIII, IX, and X of the Convention. (11) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, including use for payment as the United States contribution to the Organization as provided in Article XVI of the Convention, $500,000 for each of the fiscal years 1995, 1996, 1997, and 1998. Passed the House of Representatives March 28, 1995. Attest: ROBIN H. CARLE, Clerk.

Summary: Northwest Atlantic Fisheries Convention Act of 1995 - Provides for the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, including regarding: (1) appointment of U.S. representatives and alternate representatives as Commissioners and on the Scientific Council; (2) handling of requests for scientific advice; (3) the authorities of the Secretary of State; and (4) cooperation between various agencies, the States, private institutions, and organizations. Makes certain actions unlawful, including: (1) violating any regulation issued under this Act or any measure legally binding on the United States under the Convention; (2) resisting, impeding, intimidating, or interfering with certain actions; and (3) transporting, selling, or possessing fish taken in violation of these provisions. Provides for: (1) civil and criminal penalties, permit sanctions, and forfeiture of vessels, cargo, and fish; (2) enforcement by the Coast Guard; and (3) U.S. district court exclusive jurisdiction. Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Statewide PTV Access Act of 2009''. SEC. 2. SECONDARY TRANSMISSION OF NONCOMMERCIAL STATIONS BY SATELLITE CARRIERS OUTSIDE LOCAL MARKETS. (a) Secondary Transmissions.--Section 119(a)(2)(C) of title 17, United States Code, is amended-- (1) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (2) by inserting after clause (ii) the following: ``(iii) Noncommercial educational broadcast stations.-- ``(I) Secondary transmissions within state-wide network.--In the case of a State-wide network of noncommercial educational broadcast stations, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission of any noncommercial educational broadcast station in that State-wide network to any subscriber in any county within that State that is located outside that station's local market and is not served by a noncommercial educational television broadcast station that is located within that State. ``(II) State-wide network defined.--In this clause, the term `State-wide network of noncommercial educational broadcast stations' is a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency.''. (b) Royalty Fee.--Section 119(b)(1)(B) of title 17, United States Code, is amended by inserting ``or paragraph (2)(C)(iii)'' after ``subscriber under paragraph (3)''. SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934. (a) In General.--Section 325(b)(2) of the Communications Act of 1934 (47 U.S.C. 325 (b)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; or''; and (3) by inserting after subparagraph (E) the following new subparagraph: ``(F) to retransmission of the signal of a television broadcast station outside the station's local market by a satellite carrier directly to its subscribers, if-- ``(i) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency; and ``(ii) the satellite carrier retransmits the secondary signal of such eligible noncommercial educational broadcast station only to its subscribers-- ``(I) located in any county within that State that is located outside that station's local market; and ``(II) not served by another noncommercial educational broadcast station that is located within that State;''. (b) Distant Signals.--Section 339(a)(1) of the Communications Act of 1934 (47 U.S.C. 339 (a)(1)) is amended by adding at the end the following new subparagraph: ``(C) In the case of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or public agency, a satellite carrier may carry the signals of such network to all subscribers in any county within that State that is located outside that station's designated market area and is not served by another noncommercial educational broadcast station located within that State.''.

Summary: Statewide PTV Access Act of 2009 - Permits a satellite carrier to retransmit the signals of a state-wide network of noncommercial educational broadcast stations to any subscriber in any county within such state that is: (1) outside that station's local market; and (2) not served by an in-state noncommercial educational television broadcast station. Amends the Communications Act of 1934 to permit a satellite carrier to retransmit the signals of a television broadcast station outside the station's local market directly to its subscribers if: (1) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single state, political, educational, or special purpose subdivision of a state, or to a single public agency; and (2) the carrier retransmits such signal only to subscribers in a county within that state that is outside the station's local market and is not served by another in-state noncommercial educational broadcast station.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment Opportunity Restoration Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Congress has enacted laws to eradicate workplace discrimination and to secure equal employment opportunities for all Americans, as noted in Teamsters v. United States, 431 U.S. 324 (1977) and McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (stating that civil rights laws are meant ``to assure equality of employment opportunities and to eliminate . . . discriminatory practices and devices'' in the workplace). (2) Workplace discrimination laws prohibit subjective employment practices that operate to deny equal employment opportunities to employees, as explained in Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988), which stated that personnel decisions ``based on the exercise of personal judgment or the application of inherently subjective criteria'' are unlawful when the personnel decisions have the effect of discriminating on grounds prohibited by law. (3) Class actions often have been the most effective means to enforce employment discrimination laws, as explained in East Texas Motor Freight System Inc. v. Rodriguez, 431 U.S. 395 (1977) (``[S]uits alleging . . . discrimination are often by their very nature class suits, involving classwide wrongs'' where ``[c]ommon questions of law or fact are typically present.'') and in Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974) (``Economic reality dictates that [claims of relatively small value] proceed as a class action or not at all.''). (4) Historically, a class action alleging employment discrimination could be maintained if the class was united by a common issue of law or fact. As a leading legal treatise, William B. Rubenstein, 1 Newberg on Class Actions Sec. 3:20 (5th ed. 2011), explained, ``this requirement [was] easily met in most cases''. As another leading treatise, Charles A. Wright et al., 7A Federal Practice and Procedure, Wright and Miller Sec. 1763 (3rd ed. 2005), explained, this requirement had been given ``permissive application''. (5) However, the Supreme Court recently made it more difficult for victims of discrimination to vindicate claims for their rights. In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Court required ``convincing proof of a companywide discriminatory pay and promotion policy'' as a prerequisite to class certification. In a dissent in that case, Justice Ginsberg wrote that the Court's decision ``disqualifies the class at the starting gate''. (b) Purpose.--The purpose of this Act is to restore employees' ability to challenge, as a group, discriminatory employment practices, including subjective employment practices. SEC. 3. GROUP ACTIONS. (a) In General.--Part VI of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 182--GROUP ACTIONS ``Sec. ``4201. Group actions in certain employment discrimination cases. ``Sec. 4201. Group actions in certain employment discrimination cases ``(a) Group Actions.--In seeking relief under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), section 1977 of the Revised Statutes (42 U.S.C. 1981), or title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.) (individually referred to in this section as a `covered employment statute'), 1 or more members (collectively referred to in this section as the `representative party') of a group may sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that-- ``(1) the members of the group are so numerous that their joinder is impracticable; ``(2) the claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and ``(3) the members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. ``(b) Subjective Employment Practices.-- ``(1) Definition.--In this subsection, the term `subjective employment practice' means-- ``(A) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or ``(B) an employment practice that combines a subjective employment practice, as defined in subparagraph (A), with other types of personnel decisions. ``(2) Challenges.--A representative party may challenge a subjective employment practice covered by a covered employment statute in a group action filed under this section to the same extent as the party may challenge any other employment practice covered by the covered employment statute in such an action. ``(3) Exercise of discretion in different ways.--The fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under the covered employment statute shall not preclude a representative party from filing a corresponding group action under this section. ``(4) Consideration of written nondiscrimination policy.-- In determining whether to certify a group action challenging an employment practice, the court may consider as evidence, in opposition to certification, an employer's written nondiscrimination policy only to the extent that the employer demonstrates that the policy has been consistently and effectively used to prevent and, where necessary, promptly correct discrimination against the group. ``(c) Relationship to Rule 23 of the Federal Rules of Civil Procedure.-- ``(1) Election of procedure.--The representative party may elect to proceed in a group action under this section or in a class action under rule 23 of the Federal Rules of Civil Procedure. This election shall occur not later than the latest date on which the representative party may petition for class certification under rule 23 of the Federal Rules of Civil Procedure. ``(2) Rule 23 requirements.--To the extent consistent with this section, the court shall apply the provisions of rule 23(c) through rule 23(h) of the Federal Rules of Civil Procedure, including the requirements under rule 23 regarding notice and requests for exclusion, to claims brought pursuant to this section. ``(3) Interlocutory appellate review.--Decisions granting or denying certification of claims as group actions under this section are subject to review to the same extent as orders granting or denying class certification pursuant to rule 23 of the Federal Rules of Civil Procedure. ``(4) Class action fairness act.--Group actions certified under this section shall be subject to section 1332(d), section 1453, and chapter 114 to the same extent as class actions certified pursuant to rule 23 of the Federal Rules of Civil Procedure. ``(5) Rule of construction.--Nothing in this section shall be construed to create any inference regarding the standards for determining whether claims may be adjudicated together under any law other than the covered employment statutes. ``(d) Remedies.-- ``(1) Availability of remedies.--If an employer has been found liable under a covered employment statute against a group certified under this section, the court may deny a remedy available under the covered employment statute to a member of the group only if the employer demonstrates, by a preponderance of the evidence, that the member of the group would not have received the corresponding employment opportunity or benefit even in the absence of a violation of the covered employment statute. ``(2) Relief.-- ``(A) In general.--The court shall fashion the most complete relief possible for members of a prevailing group described in this section and shall have broad discretion in determining how to fashion that relief. ``(B) Exercise of discretion.--In exercising its discretion under this paragraph, the court shall-- ``(i) use such procedures as the interests of justice warrant, which procedures may include economic or statistical modeling, mathematical calculation, sampling, individual adjudication, and other means the court may adopt; ``(ii) consider which procedure will best ensure that members of the group will be made whole; ``(iii) consider which procedure will best minimize the cost to and burden on the parties; and ``(iv) consider which procedure most reliably and efficiently accounts for limitations on the court's ability to identify individual members of the group and to measure the harm incurred by individual members of the group.''. (b) Technical and Conforming Amendment.--The table of chapters for part VI of title 28, United States Code, is amended by adding at the end the following: ``182. Group actions........................................ 4201''.

Summary: Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable; (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. (Thus establishing a new standard for employees bringing group actions for certain employment discrimination, notwithstanding the Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, which required "convincing proof of a companywide discriminatory pay and promotion policy" as a prerequisite to class certification.) Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action. Defines a "subjective employment practice" as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions. Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action. Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Affordability and Equity Act of 2001''. SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Limitations.-- ``(1) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for eligible coverage months during such taxable year for each individual referred to in subsection (a). ``(2) Monthly limitation.-- ``(A) In general.--The monthly limitation for an individual for each eligible coverage month of such individual during the taxable year is the amount equal to \1/12\ of $1,500. ``(B) Limitation to 2 individuals.--Not more than 2 individuals may be taken into account by the taxpayer under this subsection. ``(C) Special rule for married individuals.--In the case of an individual-- ``(i) who is married (within the meaning of section 7703) as of the close of the taxable year but does not file a joint return for such year, and ``(ii) who does not live apart from such individual's spouse at all times during the taxable year, only such individual may be taken into account under this subsection. ``(3) Eligible coverage month.--For purposes of this subsection, the term `eligible coverage month' means, with respect to an individual, any month if-- ``(A) as of the first day of such month such individual is covered by qualified health insurance the premium for which was paid by the taxpayer, and ``(B) there was at least a 12-month period beginning after December 31, 2001, and ending before such month throughout which the individual-- ``(i) was not covered by qualified health insurance, and ``(ii) was not eligible to participate in any employer-provided group health plan. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The aggregate amount which would (but for this subsection) be allowed as a credit under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.-- ``(A) In general.--The amount determined under this paragraph shall be the amount which bears the same ratio to such aggregate amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable dollar amount, bears to ``(ii) $10,000. ``(B) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Rounding.--Any amount determined under subparagraph (A) which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of paragraph (2), the term `applicable dollar amount' means-- ``(A) $60,000 in the case of a taxpayer whose qualified health insurance coverage covers more than 1 individual referred to in subsection (a), and ``(B) $30,000-- ``(i) in any case not described in subparagraph (A), and ``(ii) in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(d) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). ``(2) Credit not allowable for certain subsidized coverage.--Except for purposes of subsection (b)(3)(B), the term `qualified health insurance' shall not include any coverage less than 50 percent of the cost of which is borne by the taxpayer. ``(e) Denial of Credit for Amounts Paid Under Certain Government- Provided Programs.-- ``(1) In general.--No credit shall be allowed under this section for amounts paid under-- ``(A) title XVIII, XIX, or XXI of the Social Security Act, ``(B) chapter 55 of title 10, United States Code, ``(C) chapter 17 of title 38, United States Code, or ``(D) the Indian Health Care Improvement Act. ``(2) Coverage under program included in determining eligibility.--Coverage under any of the provisions referred to in paragraph (1) shall be treated as coverage under qualified health insurance for purposes of subsection (b)(3)(B). ``(g) Special Rules.-- ``(1) Coordination with other deductions.--No credit shall be allowed under this section for the taxable year if any amount paid for qualified health insurance is taken into account in determining any deduction allowed for such year under sections 162(l), 213, or 222. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2002, the dollar amount in subsection (b)(2)(A) and each dollar amount in subsection (c)(3) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Health insurance costs of previously uninsured individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND SELF-EMPLOYED INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance (as defined in section 25B(d)). ``(b) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.'' (b) Conforming Amendments.-- (1) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Costs of qualified health insurance.--The deduction allowed by section 222.'' (3) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Costs of qualified health insurance. ``Sec. 223. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Summary: Health Insurance Affordability and Equity Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified health insurance costs paid for by an individual during a period when the individual was not covered by qualified health insurance and was not eligible to participate in any employer provided group health plan.Provides for the deduction of the qualified health insurance costs of employees and the self-employed.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Laundering Prevention Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Money laundering is a serious problem: between $100,000,000,000 and $300,000,000,000 in United States currency is ``laundered'' each year and the total dollar amount involved in international money laundering likely exceeds $500,000,000,000. (2) Money laundering is critical to the survival of the illicit drug trade, which has annual worldwide revenues of more than $400,000,000,000, more than 8 percent of the total value of international trade. (3) United States financial institutions are a critical link in our efforts to combat money laundering. (4) Highly secretive and loosely regulated private banking services that cater to wealthy clients are particularly vulnerable to use by drug traffickers for money laundering purposes, and it is estimated that private banking services have banking assets ranging from $200,000,000,000 to $300,000,000,000. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that United States financial institutions make combating money laundering the highest of priorities. (2) To close the existing gaps in law that allow money laundering to flourish in the private banking system. (3) To designate foreign high-intensity money laundering areas for the purpose of targeting areas of concentrated money laundering activities. (4) To require the Board of Governors of the Federal Reserve System to take into account money laundering activities in the consideration of applications under section 3 of the Bank Holding Company Act of 1956. SEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES. (a) In General.--Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act) shall submit a report on private banking activities in the United States to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Contents of Report.--The report required under subsection (a) shall include information on the following: (1) The nature and extent of private banking activities in the United States. (2) Regulatory efforts to monitor private banking activities and ensure that such activities are conducted in compliance with subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (3) The policies and procedures of depository institutions that are designed to ensure compliance by such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (c) Private Banking Activities Defined.--For purposes of this section, the term ``private banking activities'' includes, with respect to a financial institution, personalized services, such as money management, financial advice, and investment services, that are provided to individuals with a high net worth and are not provided generally to all clients of the financial institution. SEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN ACCOUNT INFORMATION. Section 5318(h) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(3) Availability of certain account information.--The Secretary of the Treasury shall prescribe regulations under this subsection which require financial institutions to maintain all accounts in such a way as to ensure that-- ``(A) the name of the account holder and the number of the account are associated with all account activity of the account holder; and ``(B) all such information is available for purposes of account supervision and law enforcement.'' SEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Subchapter III of chapter 53 of title 31, United States Code (as added by the Money Laundering and Financial Crimes Strategy Act of 1998) is amended by adding at the end the following new part: ``Part 3--International Money Laundering and Related Financial Crimes ``Sec. 5361. Designation of foreign high-intensity money laundering areas ``(a) In General.--The Secretary, in consultation with the Federal banking agencies, shall develop criteria for identifying areas outside the United States in which money laundering activities are concentrated. ``(b) Designation.--The Secretary shall designate as a high- intensity money laundering area any foreign country in which there is an area identified, in accordance with the criteria developed pursuant to subsection (a), as an area in which money laundering activities are concentrated. ``(c) Notice and Warning.--Upon the designation, under subsection (b), of a country as a high-intensity money laundering area, the Secretary shall provide-- ``(1) a written notice to each insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), and each depository institution holding company (as defined in such section 3) that controls an insured depository institution, of the identity of the country designated; and ``(2) a written warning that there is a concentration of money laundering activity in such country.''. (b) Clerical Amendment.--The table of subchapters for chapter 53 of title 31, United States Code, is amended by adding at the end the following item: ``Part 3--International Money Laundering and Related Financial Crimes ``5361. Designation of foreign high-intensity money laundering areas.''. SEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH- INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Section 5322 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Doubled Penalty.--The court may double the sentence of fine or imprisonment, or both, that could otherwise be imposed on any person for a violation described in subsection (a) or (b) if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area under section 5361 was in effect at the time of the violation.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any violation committed on or after the date of the enactment of this Act. SEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956. (a) In General.--Section 3(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following new paragraph: ``(6) Money laundering.--In every case-- ``(A) the Board shall take into consideration the effectiveness of the company or companies in combating and preventing money laundering activities, including in overseas branches; ``(B) the Board shall not consider any application under this section involving any company which is the subject of any-- ``(i) pending Federal investigation of possible money laundering or other related financial crimes; or ``(ii) pending Federal prosecution for money laundering or other related financial crimes, until such investigation or prosecution is completed and a finding is made, except that this subparagraph shall not apply if the period for such completion and the making of findings exceeds 3 years; and ``(C) the Board shall disapprove any application under this section involving any company which has been found criminally or civilly liable for money laundering or any related financial crime during the 5-year period preceding the consideration of such application by the Board.''. (b) Scope of Application.--The amendment made by subsection (a) shall apply with respect to any application submitted to the Board of Governors of the Federal Reserve System under section 3 of the Bank Holding Company Act of 1956 after December 31, 1997, which has not been approved by the Board before the date of the enactment of this Act.

Summary: Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States. (Sec. 4) Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder; and (2) all such information is available for purposes of account supervision and law enforcement. (Sec. 5) Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country. (Sec. 6) Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation. (Sec. 7) Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches; (2) not consider any application (regarding acquisition of bank shares or assets) involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception; and (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Fairness and Reform Act of 2009''. SEC. 2. ELECTION TO RECEIVE STATE CONTRIBUTION TO HIGHWAY TRUST FUND IN LIEU OF PARTICIPATING IN FEDERAL-AID HIGHWAY PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``150. Direct Federal-aid highway program ``(a) In General.--Beginning with fiscal year 2011, the Secretary shall carry out a direct Federal-aid highway program in accordance with the requirements of this section. Under the program, the Governor or chief executive officer of a State may elect, not less than 90 days before the beginning of the fiscal year, to have the State waive its right to receive amounts apportioned or allocated to it under the Federal-aid highway program for the fiscal year to which the election relates; and to receive instead the amount determined under subsection (d) for that fiscal year. The election shall be made in such form and manner as the Secretary may require and shall be irrevocable. ``(b) State Responsibility.-- ``(1) In general.--The Secretary shall accept an election under subsection (a) if the Secretary determines that the State-- ``(A) has an interstate maintenance program and agrees to maintain the interstate in accordance with that program; ``(B) submits a plan to the Secretary describing-- ``(i) the purposes, projects, and uses to which amounts received under the program will be put; and ``(ii) which programmatic requirements of this title the State elects to continue; ``(C) agrees to obligate or expend amounts received under the program exclusively for projects that would be eligible for funding under section 133(b) of this title if the State were not participating in the program; and ``(D) agrees to report annually to the Secretary on the use of amounts received under the program and to make the report available to the public in an easily accessible format. ``(2) Safety requirements.--The Secretary may determine that requirements important for transportation safety continue to apply to a State that makes an election under subsection (a). ``(3) Surface transportation program.--A State that makes an election under subsection (a) shall continue to suballocate funds to urbanized areas and other areas using the formulae and rules under section 133(d)(3) of this title. ``(4) No limitation on use of funds.--Except as provided in paragraphs (1), (2), and (3), the expenditure or obligation of funds received by the State under the program are not subject to regulation under this title or title 49. ``(c) Effect on Pre-existing Obligations.--The making of an election under subsection (a) shall not affect any obligation, responsibility, or commitment of the State under this title for any fiscal year with respect to-- ``(1) a project or program funded under this title (other than under this section); or ``(2) any project or program funded under this title in any fiscal year for which an election under subsection (a) is not in effect. ``(d) Transfers.-- ``(1) In general.--The amount to be transferred to a State under the program for a fiscal year shall be the portion of the taxes appropriated to the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986, other than for the Mass Transit Account, for a fiscal year for which an election is in effect under subsection (a) that is attributable to highway users in that State during that fiscal year, reduced by a pro rata share withheld by the Secretary to fund contract authority for programs of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. ``(2) General fund amounts.--For purposes of paragraph (1), any amounts deposited in or credited to the Highway Trust Fund from the general fund of the Treasury shall be treated as if they were taxes appropriated to the Fund. ``(3) Transfers.-- ``(A) In general.--Transfers under the program-- ``(i) shall be made at the same time as deposits to the Highway Trust Fund are made by the Secretary of the Treasury; ``(ii) shall be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of, or less than, the amounts required to be transferred. ``(B) Limitation.--An adjustment under subparagraph (A)(ii) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. If the adjustment required under subparagraph (A)(ii) exceeds that percentage, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii). ``(e) Application with Other Authority.--The Secretary shall rescind or cancel any contract authority under this chapter (and any obligation limitation) for a State for a fiscal year for which an election by that State is in effect under subsection (a).''. (b) Clerical Amendment.--The chapter analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. Direct Federal-aid highway program.''.

Summary: Highway Fairness and Reform Act of 2009 - Directs the Secretary of Transportation, beginning with FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program; and (2) receive instead a prorated amount of the taxes appropriated to the Highway Trust Fund (other than from the Mass Transit Account) which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA). Requires the Secretary to accept a state's election if: (1) the state has an interstate maintenance program; (2) it submits a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; (3) the state agrees to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding; and (4) it continues to suballocate surface transportation program funds to urbanized and other areas using certain formulae and rules.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens Against Marketing Scams Act of 1993''. SEC. 2. FINDINGS AND DECLARATION. The Congress makes the following findings and declaration: (1) Unprecedented Federal law enforcement investigations have uncovered a national network of illicit telemarketing operations. (2) Most of the telemarketing industry is legitimate, employing over 3,000,000 people through direct and indirect means. (3) Illicit telemarketers, however, are an increasing problem which victimizes our Nation's senior citizens in disproportionate numbers. (4) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Department of Justice are not sufficient to ensure that there is adequate investigation of, and protection from, such fraud. (5) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact. Telemarketers can also be very mobile, easily moving from State to State. (6) It is estimated that victims lose billions of dollars a year as a result of telemarketing fraud. (7) Consequently, Congress should enact legislation that will-- (A) enhance Federal law enforcement resources; (B) ensure adequate punishment for telemarketing fraud; and (C) educate the public. SEC. 3. ENHANCED PENALTIES FOR TELEMARKETING FRAUD. (a) Offense.--Part I of title 18, United States Code, is amended-- (1) by redesignating chapter 113A as chapter 113B; and (2) by inserting after chapter 113 the following new chapter: ``CHAPTER 113A--TELEMARKETING FRAUD ``Sec. ``2325. Definition. ``2326. Enhanced penalties. ``2327. Restitution. ``Sec. 2325. Definition ``In this chapter, `telemarketing'-- ``(1) means a plan, program, promotion, or campaign that is conducted to induce-- ``(A) purchases of goods or services; or ``(B) participation in a contest or sweepstakes, by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant; but ``(2) does not include the solicitation of sales through the mailing of a catalog that-- ``(A) contains a written description or illustration of the goods or services offered for sale; ``(B) includes the business address of the seller; ``(C) includes multiple pages of written material or illustration; and ``(D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls take orders without further solicitation. ``Sec. 2326. Enhanced penalties ``An offender that is convicted of an offense under 1028, 1029, 1341, 1342, 1343, or 1344 in connection with the conduct of telemarketing-- ``(1) may be imprisoned for a term of 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and ``(2) in the case of an offense under any of those sections that-- ``(A) victimized 20 or more persons over the age of 55; or ``(B) targeted persons over the age of 55, may be imprisoned for a term of 10 years in addition to any term of imprisonment imposed under any of those sections, respectively. ``Sec. 2327. Restitution ``In sentencing an offender under section 2326, the court shall order the offender to pay restitution to any victims and may order the offender to pay restitution to others who sustained losses as a result of the offender's fraudulent activity.''. (b) Technical Amendments.-- (1) Part analysis.--The part analysis for part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following: ``113A. Telemarketing fraud................................. 2325 ``113B. Terrorism........................................... 2331''. (2) Chapter 113b.--The chapter heading for chapter 113B of title 18, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: ``CHAPTER 113B--TERRORISM''. SEC. 4. FORFEITURE OF FRAUD PROCEEDS. Section 982(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(6) The Court, in sentencing an offender under section 2326, shall order that the offender forfeit to the United States any real or personal property constituting or derived from proceeds that the offender obtained directly or indirectly as a result of the offense.''. SEC. 5. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS. (a) Review.--The United States Sentencing Commission shall review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against older victims over the age of 55 are adequate. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Sentencing Commission shall report to Congress the result of its review under subsection (a). SEC. 6. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION. Section 3059 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make a payment of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution under section 2325 which results in a conviction. ``(2) A person is not eligible for a payment under paragraph (1) if-- ``(A) the person is a current or former officer or employee of a Federal, State, or local government agency or instrumentality who furnishes information discovered or gathered in the course of government employment; ``(B) the person knowingly participated in the offense; ``(C) the information furnished by the person consists of an allegation or transaction that has been disclosed to the public-- ``(i) in a criminal, civil, or administrative proceeding; ``(ii) in a congressional, administrative, or General Accounting Office report, hearing, audit, or investigation; or ``(iii) by the news media, unless the person is the original source of the information; or ``(D) when, in the judgment of the Attorney General, it appears that a person whose illegal activities are being prosecuted or investigated could benefit from the award. ``(3) For the purposes of paragraph (2)(C)(iii), the term `original source' means a person who has direct and independent knowledge of the information that is furnished and has voluntarily provided the information to the Government prior to disclosure by the news media. ``(4) Neither the failure of the Attorney General to authorize a payment under paragraph (1) nor the amount authorized shall be subject to judicial review.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 1994 for the purposes of carrying out this Act and the amendments made by this Act-- (1) $10,000,000 for the Federal Bureau of Investigation to hire, equip, and train no fewer than 100 special agents and support staff to investigate telemarketing fraud cases; (2) $3,500,000 to hire, equip, and train no fewer than 30 Department of Justice attorneys, assistant United States Attorneys, and support staff to prosecute telemarketing fraud cases; and (3) $10,000,000 for the Department of Justice to conduct, in cooperation with State and local law enforcement agencies and senior citizen advocacy organizations, public awareness and prevention initiatives for senior citizens, such as seminars and training. SEC. 8. BROADENING APPLICATION OF MAIL FRAUD STATUTE. Section 1341 of title 18, United States Code, is amended-- (1) by inserting ``or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier,'' after ``Postal Service,''; and (2) by inserting ``or such carrier'' after ``causes to be delivered by mail''. SEC. 9. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES. Section 1029 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (3); and (B) by inserting after paragraph (4) the following new paragraphs: ``(5) knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000; ``(6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of-- ``(A) offering an access device; or ``(B) selling information regarding or an application to obtain an access device; or ``(7) without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device;''; (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' and inserting ``(a) (2), (3), (5), (6), or (7)''; and (3) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) the term `credit card system member' means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system.''. SEC. 10. INFORMATION NETWORK. (a) Hotline.--The Attorney General shall establish a national toll- free hotline for the purpose of-- (1) providing general information on telemarketing fraud to interested persons; and (2) gathering information related to possible violations of this Act. (b) Action on Information Gathered.--The Attorney General shall work in cooperation with the Federal Trade Commission to ensure that information gathered through the hotline shall be acted on in an appropriate manner. Passed the Senate July 30 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.

Summary: Senior Citizens Against Marketing Scams Act of 1993 - Amends the Federal criminal code to provide for enhanced penalties for telemarketing fraud that targets or victimizes persons over age 55. Directs the court to order offenders to: (1) pay restitution to persons who sustained losses as a result of the fraudulent activity; and (2) forfeit to the United States property constituting or derived from proceeds obtained as a result of the offense. Requires the U.S. Sentencing Commission to review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against persons over age 55 are adequate. Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders. Authorizes appropriations. Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier. Sets forth provisions regarding fraud and related activity in connection with access devices. Directs the Attorney General to establish a national, toll-free telemarketing fraud hotline.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Third Higher Education Extension Act of 2007''. SEC. 2. EXTENSION OF PROGRAMS. Section 2(a) of the Higher Education Extension Act of 2005 (Public Law 109-81; 20 U.S.C. 1001 note) is amended by striking ``October 31, 2007'' and inserting ``March 31, 2008''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act, or in the Higher Education Extension Act of 2005 as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109-171) or by the College Cost Reduction and Access Act (Public Law 110-84) to the provisions of the Higher Education Act of 1965 and the Taxpayer-Teacher Protection Act of 2004. SEC. 4. DEFINITION OF ELIGIBLE NOT-FOR-PROFIT HOLDER. Section 435(p) of the Higher Education Act of 1965 (20 U.S.C. 1085(p)) is amended-- (1) in paragraph (1), by striking subparagraph (D) and inserting the following: ``(D) acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d).''; and (2) in paragraph (2)-- (A) in subparagraph (A)(i), by striking subclause (II) and inserting the following: ``(II) is acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity, on the date of enactment of the College Cost Reduction and Access Act, was the sole beneficial owner of a loan eligible for any special allowance payment under section 438.''; (B) in subparagraph (A)(ii), by inserting ``of'' after ``waive the requirements''; (C) by amending subparagraph (B) to read as follows: ``(B) No for-profit ownership or control.-- ``(i) In general.--No State, political subdivision, authority, agency, instrumentality, or other entity described in paragraph (1)(A), (B), or (C) shall be an eligible not-for-profit holder under this Act if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity. ``(ii) Trustees.--A trustee described in paragraph (1)(D) shall not be an eligible not-for-profit holder under this Act with respect to a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity.''; (D) by amending subparagraph (C) to read as follows: ``(C) Sole ownership of loans and income.--No State, political subdivision, authority, agency, instrumentality, trustee, or other entity described in paragraph (1)(A), (B), (C), or (D) shall be an eligible not-for-profit holder under this Act with respect to any loan, or income from any loan, unless-- ``(i) such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan; or ``(ii) such trustee holds the loan on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan.''; (E) in subparagraph (D), by striking ``an entity described in described in paragraph (1)(A), (B), or (C)'' and inserting ``a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d),''; and (F) by amending subparagraph (E) to read as follows: ``(E) Rule of construction.--For purposes of subparagraphs (A), (B), (C), and (D) of this paragraph, a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), shall not-- ``(i) be deemed to be owned or controlled, in whole or in part, by a for-profit entity; or ``(ii) lose its status as the sole owner of a beneficial interest in a loan and the income from a loan, by such State, political subdivision, authority, agency, instrumentality, or other entity, or by the trustee described in paragraph (1)(D), granting a security interest in, or otherwise pledging as collateral, such loan, or the income from such loan, to secure a debt obligation for which such State, political subdivision, authority, agency, instrumentality, or other entity is the issuer of the debt obligation.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Third Higher Education Extension Act of 2007 - Amends the Higher Education Extension Act of 2005 to extend the programs under the Higher Education Act of 1965 through March 31, 2008. Amends the Higher Education Act of 1965 to consider trustees acting on behalf of certain governmental or tax-exempt entities as eligible nonprofit holders of Federal Family Education Loans (FFELs), regardless of whether or not such entities are eligible FFEL lenders.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Savings Through Public- Private Partnerships Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. (6) Retrofits that reduce energy use also improve infrastructure, protect national security, and cut facility operations and maintenance costs. SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL BUILDINGS. (a) Energy Management Requirements.--Section 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively and by moving the margins 2 ems to the right; (2) by striking ``Not later than'' and inserting the following: ``(A) In general.--Not later than''; and (3) by adding at the end the following new subparagraph: ``(B) Measures not implemented.--Each energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph (A)(i) that have not been implemented.''. (b) Reports.--Section 548(b) of the National Energy Conservation Policy Act (42 U.S.C. 8258(b)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) the status of each agency's energy savings performance contracts and utility energy service contracts, the investment value of such contracts, the guaranteed energy savings for the previous year as compared to the actual energy savings for the previous year, the plan for entering into such contracts in the coming year, and information explaining why any previously submitted plans for such contracts were not implemented.''. (c) Federal Energy Management Definitions.--Section 551(4) of the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended by striking ``or retrofit activities'' and inserting ``retrofit activities, or energy consuming devices and required support structures''. (d) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures, water conservation measures, or any series of energy conservation measures and water conservation measures.''. (e) Miscellaneous Authority.--Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding at the end the following: ``(H) Miscellaneous authority.--Notwithstanding any other provision of law, a Federal agency may sell or transfer energy savings and apply the proceeds of such sale or transfer to fund a contract under this title.''. (f) Payment of Costs.--Section 802 of the National Energy Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and related operation and maintenance expenses)'' and inserting ``, including related operations and maintenance expenses''. (g) Energy Savings Performance Contracts Definitions.--Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended-- (1) in subparagraph (A), by striking ``federally owned building or buildings or other federally owned facilities'' and inserting ``Federal building (as defined in section 551 (42 U.S.C. 8259))'' each place it appears; (2) in subparagraph (C) , by striking ``; and'' and inserting a semicolon; (3) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new subparagraphs: ``(E) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from Federal, State, or local governments or utilities; and ``(F) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.''.

Summary: Energy Savings Through Public-Private Partnerships Act of 2014 - Amends the National Energy Conservation Policy Act (NECPA) to revise requirements for energy savings performance contracts. (These contracts allow federal agencies to work with private contractors on energy efficiency upgrades to federal facilities.) Directs each federal facility energy manager to provide an explanation regarding life cycle cost-effective measures that have not been implemented as part of the web-based compliance certification system. (Life cycle costs are the total cost of owning, operating, and maintaining a building over its useful life.) Requires the Department of Energy (DOE) to report to the President and Congress on each agency's energy savings performance contracts and utility energy service contracts, including their investment value and their energy savings. Expands the kinds of energy conservation measures that may be implemented under the contracts by including those involving energy consuming devices and required support structures. Prohibits agencies from limiting recognition of operation and maintenance savings associated with energy systems that were modernized or replaced with energy conservation measures and water conservation measures (e.g. lower energy and water bills thanks to energy efficiency and conservation measures). Authorizes agencies to sell or transfer energy savings and apply the proceeds to fund a contract. Expands the meaning of energy savings to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from federal, state, or local governments or utilities; and (2) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Childrens' Internet Protection Act''. SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR COMPUTERS WITH INTERNET ACCESS. (a) In General.--Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end thereof the following: ``(l) Implementation of an Internet Filtering or Blocking Technology.-- ``(1) In general.--An elementary school, secondary school, or library that fails to provide the certification required by paragraph (2) or (3), respectively, is not eligible to receive or retain universal service assistance provided under subsection (h)(1)(B). ``(2) Certification for schools.--To be eligible to receive universal service assistance under subsection (h)(1)(B), an elementary or secondary school (or the school board or other authority with responsibility for administration of that school) shall certify to the Commission that it has-- ``(A) selected a technology for computers with Internet access to filter or block material deemed to be harmful to minors; and ``(B) installed, or will install, and uses or will use, as soon as it obtains computers with Internet access, a technology to filter or block such material. ``(3) Certification for libraries.-- ``(A) Libraries with more than 1 internet-accessing computer.--To be eligible to receive universal service assistance under subsection (h)(1)(B), a library that has more than 1 computer with Internet access intended for use by the public (including minors) shall certify to the Commission that it has installed and uses a technology to filter or block material deemed to be harmful to minors on one or more of its computers with Internet access. ``(B) Libraries with only 1 internet-accessing computer.--A library that has only 1 computer with Internet access intended for use by the public (including minors) is eligible to receive universal service assistance under subsection (h)(1)(B) even if it does not use a technology to filter or block material deemed to be harmful to minors on that computer if it certifies to the Commission that it employs a reasonably effective alternative means to keep minors from accessing material on the Internet that is deemed to be harmful to minors. ``(4) Time for certification.--The certification required by paragraph (2) or (3) shall be made within 30 days of the date of enactment of the Childrens' Internet Protection Act, or, if later, within 10 days of the date on which any computer with access to the Internet is first made available in the school or library for its intended use. ``(5) Notification of cessation; additional internet- accessing computer.-- ``(A) Cessation.--A library that has filed the certification required by paragraph (3)(A) shall notify the Commission within 10 days after the date on which it ceases to use the filtering or blocking technology to which the certification related. ``(B) Additional internet-accessing computer.--A library that has filed the certification required by paragraph (3)(B) that adds another computer with Internet access intended for use by the public (including minors) shall make the certification required by paragraph (3)(A) within 10 days after that computer is made available for use by the public. ``(6) Penalty for failure to comply.--A school or library that fails to meet the requirements of this subsection is liable to repay immediately the full amount of all universal service assistance it received under subsection (h)(1)(B). ``(7) Local determination of material to be filtered.--For purposes of paragraphs (2) and (3), the determination of what material is to be deemed harmful to minors shall be made by the school, school board, library or other authority responsible for making the required certification. No agency or instrumentality of the United States Government may-- ``(A) establish criteria for making that determination; ``(B) review the determination made by the certifying school, school board, library, or other authority; or ``(C) consider the criteria employed by the certifying school, school board, library, or other authority in the administration of subsection (h)(1)(B).''. (b) Conforming Change.--Section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by striking ``All telecommunications'' and inserting ``Except as provided by subsection (l), all telecommunications''. SEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS. The Federal Communications Commission shall adopt rules implementing section 254(l) of the Communications Act of 1934 within 120 days after the date of enactment of this Act.

Summary: Childrens' (sic) Internet Protection Act - Amends the Communications Act of 1934 to make an elementary school, secondary school, or library ineligible to receive or retain universal service assistance under such Act unless it certifies to the Federal Communications Commission that it has selected and installed (or will install) a technology for computers with Internet access which filters or blocks material deemed harmful to minors. Requires the determination of what shall be considered inappropriate for minors to be made by the appropriate school, school board, library, or other responsible authority, without Federal interference.