Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intelligence Community
Accountability Act of 2004''.

SEC. 2. INSPECTOR GENERAL FOR INTELLIGENCE.

    (a) Establishment.--(1) Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 118
the following new section:

                  ``inspector general for intelligence

    ``Sec. 119. (a) Establishment.--(1) There is hereby established the
Office of Inspector General for Intelligence (in this section referred
to as the `Office').
    ``(2) The Office shall not be located for administrative or other
purposes within the Central Intelligence Agency.
    ``(3) The purpose of the Office is to--
            ``(A) provide an objective and effective office,
        appropriately accountable to Congress, to--
                    ``(i) initiate and conduct independently
                investigations, audits, and reviews of significant
                failures by the intelligence community as a whole in
                the discharge of the intelligence, intelligence-
                related, or other national security missions of the
                intelligence community; and
                    ``(ii) identify means of improving the discharge of
                such missions by the intelligence community as a whole;
            ``(B) provide a means for keeping the Director of Central
        Intelligence, as the head of the intelligence community, fully
        and currently informed about significant failures in the
        discharge of such missions, the necessity for and progress of
        corrective actions, and means of improving the discharge of
        such missions by the intelligence community as a whole;
            ``(C) in the manner prescribed by this section, ensure that
        the congressional intelligence committees are kept similarly
        informed of significant failures in the discharge of such
        missions, the necessity for and progress of corrective actions,
        and means of improving the discharge of such missions by the
        intelligence community as a whole; and
            ``(D) identify policies and practices of the intelligence
        community that may serve as a model for similar policies and
        practices for other departments, agencies, and elements of the
        United States Government.
    ``(b) Appointment; Supervision; Removal.--(1)(A) There shall be at
the head of the Office the Inspector General for Intelligence who shall
be appointed by the President, by and with the advice and consent of
the Senate.
    ``(B) The appointment of an individual as Inspector General shall
be made without regard to political affiliation, and shall be solely on
the basis of integrity, compliance with the security standards of the
intelligence community, and prior experience in matters relating to
foreign intelligence.
    ``(2) The Inspector General shall report directly to and be under
the general supervision of the Director of Central Intelligence, acting
as the head of the intelligence community.
    ``(3) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing to
the congressional intelligence committees the reasons for the removal
from office of an Inspector General.
    ``(c) Acting Inspector General.--(1) The Director of Central
Intelligence, acting as the head of the intelligence community, may
appoint an individual to act as the Inspector General in a circumstance
as follows:
            ``(A) During a vacancy in the position of Inspector
        General.
            ``(B) During any period when the Inspector General is
        absent from duty or is for any reason unable to perform the
        duties of the Inspector General.
    ``(2) An individual appointed to act as the Inspector General may
not continue to so act for more than nine months after such
appointment.
    ``(d) Duties and Responsibilities.--The Inspector General shall--
            ``(1) investigate, audit, or review each significant
        failure (including an error of communication, cooperation, or
        coordination) of the intelligence community as a whole in the
        discharge of an intelligence, intelligence-related, or other
        national security mission of the intelligence community;
            ``(2) identify means of improving the discharge of the
        intelligence, intelligence-related, or other national security
        missions of the intelligence community by the intelligence
        community as a whole;
            ``(3) keep the Director of Central Intelligence, as the
        head of the intelligence community, fully and currently
        informed about significant failures in the discharge of such
        missions, the necessity for and progress of corrective actions,
        and means of improving the discharge of such missions by the
        intelligence community as a whole; and
            ``(4) identify policies and practices of the intelligence
        community that may serve as a model for similar policies and
        practices for other departments, agencies, and elements of the
        United States Government.
    ``(e) Authorities.--(1) Except as otherwise provided in this
section, the Inspector General shall have such powers and authorities
under the Inspector General Act of 1978 (5 U.S.C. App.) as are required
for the discharge of the duties and responsibilities of the Inspector
General under subsection (d).
    ``(2) The Inspector General shall have direct and prompt access to
the Director of Central Intelligence, acting as the head of the
intelligence community, when necessary for any purpose pertaining to
the performance of the duties of the Inspector General.
    ``(3)(A) The Inspector General may, in consultation with the head
of the element of the intelligence community concerned, conduct such
inspections of the element of the intelligence community as the
Inspector General considers appropriate for the performance of the
duties of the Inspector General.
    ``(B) In conducting an inspection under subparagraph (A), the
Inspector General may, after notice to the head of the element of the
intelligence community concerned, enter into any place occupied by the
element of the intelligence community at such time or times as the
Inspector General considers appropriate.
    ``(4)(A) The Inspector General shall have access to any employee or
any contractor employee of an element of the intelligence community
whose testimony is needed for the performance of the duties of the
Inspector General.
    ``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers, recommendations,
or other material which relate to the programs and operations with
respect to which the Inspector General has responsibilities under this
section.
    ``(C) Failure on the part of any employee or contractor to
cooperate with the Inspector General shall be grounds for appropriate
administrative actions by the head of the element of the intelligence
community concerned, including loss of employment or the termination of
an existing contractual relationship.
    ``(5) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of the duties of the Inspector General,
which oath affirmation, or affidavit when administered or taken by or
before an employee of the Office designated by the Inspector General
shall have the same force and effect as if administered or taken by or
before an officer having a seal.
    ``(6)(A) Except as provided in subparagraph (B), the Inspector
General may require by subpoena the production of all information,
documents, reports, answers, records, accounts, papers, and other data
and documentary evidence necessary in the performance of the duties and
responsibilities of the Inspector General.
    ``(B) In the case of a department or agency of the United States
Government, the Inspector General shall obtain information, documents,
reports, answers, records, accounts, papers, and other data and
evidence for the purpose specified in subparagraph (A) using procedures
other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for or on
behalf of any other element or component of the intelligence community.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
    ``(f) Initiation of Investigations.--The Inspector General may
commence an investigation as follows:
            ``(1) Upon the initiative of the Inspector General.
            ``(2) Upon the request of the President.
            ``(3) Upon the request of the Director of Central
        Intelligence.
            ``(4) Upon the request of the head of another element of
        the intelligence community.
            ``(5) Upon the request of an Inspector General of an
        element of the intelligence community.
            ``(6) Upon the request of a congressional intelligence
        committee, the Committee on Armed Services of the Senate, or
        the Committee on Armed Services of the House of
        Representatives.
            ``(7) Upon the request of a Member of Congress.
    ``(g) Cooperation of Intelligence Community Inspectors General.--
(1) Each Inspector General of an element of the intelligence community
shall cooperate fully with the Inspector General for Intelligence in
the performance by the Inspector General for Intelligence of the duties
and responsibilities of the Inspector General for Intelligence under
this section.
    ``(2) The Inspector General for Intelligence shall cooperate fully
with each Inspector General of an element of the intelligence community
in the performance by the Inspector General of such element of the
intelligence community of the duties and responsibilities of the
Inspector General of such element of the intelligence community under
law.
    ``(3) The cooperation of the Inspector General of an element of the
intelligence community with the Inspector General for Intelligence
under paragraph (1) may not be construed to modify or affect the duties
and responsibilities of the duties and responsibilities of the
Inspector General for Intelligence with respect to the intelligence
community as a whole under this section or the duties
and responsibilities of the Inspector General of such element of the
intelligence community with respect to such element of the intelligence
community under law.
    ``(h) Reports.--(1)(A) The Inspector General may make to the
President, the Director of Central Intelligence, or the head of any
element of the intelligence community any report on an investigation
conducted by the Inspector General that the Inspector General considers
appropriate.
    ``(B) A report on an investigation under subparagraph (A) may
include such recommendations for corrective or disciplinary action as
the Inspector General considers appropriate as a result of the
investigation.
    ``(2)(A) In accordance with section 535 of title 28, United States
Code, the Inspector General shall submit to the Attorney General a
report on any information, allegation, or complaint received by the
Inspector General relating to a violation of Federal criminal law that
involves a program or operation of an element of the intelligence
community, consistent with such guidelines as may be issued by the
Attorney General pursuant to subsection (b)(2) of such section.
    ``(B) The Inspector General shall submit to the Director of Central
Intelligence, acting as the head of the intelligence community, a copy
of each report submitted to the Attorney General under subparagraph
(A).
    ``(3) Not later than January 31 and July 31 each year, the
Inspector General shall submit to the congressional intelligence
committees a report on the activities of the Inspector General and the
Office during the preceding six months. Each report shall include, for
the six-month period covered by such report--
            ``(A) a description of each significant investigation
        commenced by the Inspector General, including the progress made
        in such investigation;
            ``(B) a summary of the other investigations commenced or
        conducted by the Inspector General; and
            ``(C) in the case of any investigation concluded by the
        Inspector General, a description of the findings of the
        Inspector General as a result of such investigation, including
        whether the Inspector General made a recommendation for
        corrective or disciplinary action under paragraph (1)(B), or
        submitted to the Attorney General a report on a violation of
        Federal criminal law under paragraph (2)(A), as a result of
        such investigation.
    ``(4) Each report submitted to the congressional intelligence
committees under paragraph (3) shall be submitted in both classified
and unclassified form.
    ``(5) The head of any element of the intelligence community may
submit to the congressional intelligence committees a report on any
matter in a report under paragraph (3) that relates to such element of
the intelligence community.
    ``(i) Support.--(1) The Inspector General shall have a staff of
personnel with such expertise and experience as the Inspector General
considers appropriate to carry out the duties of the Inspector General
under this section.
    ``(2) The staff of the Inspector General under paragraph (1) shall
possess security clearances appropriate for the work of the Inspector
General.
    ``(3) The Director of Central Intelligence, acting as the head of
the intelligence community, shall provide the Inspector General with
appropriate and adequate office space, together with such equipment,
office supplies, maintenance services, and communications facilities
and services as may be necessary for the operation of the Office.
    ``(4)(A) Subject to the concurrence of the Director, the Inspector
General may request from any department or agency of the United States
Government such information or assistance as may be necessary for
carrying out the duties of the Inspector General under this section.
    ``(B) Upon request of the Inspector General for information or
assistance under subparagraph (A), the head of the department or agency
concerned shall, insofar as is practicable and not in contravention of
any existing statutory restriction or regulation of such department or
agency, furnish such information or assistance to the Inspector
General.
    ``(j) Separate Budget Account.--Beginning with fiscal year 2006 and
in accordance with procedures to be issued by the Director of Central
Intelligence in consultation with the congressional intelligence
committees, the Director shall include in the National Foreign
Intelligence Program budget a separate account for the Office of
Inspector General for Intelligence.''.
    (2) The table of contents for the National Security Act of 1947 is
amended by inserting after the item relating to section 118 the
following new item:

``Sec. 119. Inspector General for Intelligence.''.
    (b) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by inserting after the item relating to the
Inspector General of the Central Intelligence Agency the following new
item:
            ``Inspector General for Intelligence.''.

Output:
Intelligence Community Accountability Act of 2004 - Amends the National Security Act of 1947 to establish an independent Office of Inspector General for Intelligence (Office), to be headed by an Inspector General for Intelligence (IG) appointed by the President with the advice and consent of the Senate.

Gives the IG responsibility for: (1) investigating, auditing, or reviewing each significant failure of the intelligence community; (2) identifying means of improving the discharge of intelligence missions; (3) keeping the Director Central Intelligence (DCI) informed about significant failures in the discharge of such missions, corrective actions, and means of improvement; and (4) identifying policies and practices of the intelligence community that may serve as a model for other components of the U.S. Government.

Authorizes the IG to commence investigations.

Requires the IG and other Inspector Generals in the intelligence community to mutually cooperate in the performance of their respective duties.

Authorizes the IG to report to the President, DCI, or head of any element of the intelligence community on investigations conducted by the IG, as appropriate.

Requires the IG to: (1) submit to the Attorney General a report on information, allegations, or complaints received by the IG regarding violations of Federal criminal law that involve intelligence community programs or operations; and (2) submit biannual reports on the activities of the IG and Office to the congressional intelligence committees.


Input:
SECTION 1. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Although title IX of the Education Amendments of 1972
        (20 U.S.C. 1681 et seq.) does not prohibit discrimination on
        the basis of sexual orientation, one section of the Department
        of Education's Office for Civil Rights' 1997 final policy
        guidance, entitled ``Sexual Harassment Guidance: Harassment of
        Students by School Employees, Other Students, or Third
        Parties'' published in the Federal Register on March 13, 1997,
        62 Fed. Reg. 12034, included a determination that ``sexual
        harassment directed at gay or lesbian students that is
        sufficiently serious to limit or deny a student's ability to
        participate in or benefit from the school's program constitutes
        sexual harassment prohibited by title IX under the
        circumstances described in this guidance.''. This language was
        unchanged in a 2001 update of the policy guidance entitled
        ``Revised Sexual Harassment Guidance: Harassment of Students by
        School Employees, Other Students, or Third Parties'' for which
        a notice of availability was published in the Federal Register
        on January 19, 2001, 66 Fed. Reg. 5512.
            (2) That section of the 2001 ``Revised Sexual Harassment
        Guidance: Harassment of Students by School Employees, Other
        Students, or Third Parties'' went on to state: ``Though beyond
        the scope of this guidance, gender-based harassment, which may
        include acts of verbal, nonverbal, or physical aggression,
        intimidation, or hostility based on sex or sex-stereotyping,
        but not involving conduct of a sexual nature, is also a form of
        sex discrimination to which a school must respond, if it rises
        to the level that denies or limits a student's ability to
        participate in or benefit from the educational program....A
        school must respond to such harassment in accordance with the
        standards and procedures described in this guidance.''.
            (3) There is evidence that brings into question the degree
        to which the policy guidance on sexual harassment against gay,
        lesbian, bisexual, and transgender students is being
        implemented. For example, a 7-State study by Human Rights Watch
        of the abuses suffered by gay, lesbian, bisexual, and
        transgender students at the hands of their peers, published in
        ``Hatred in the Hallways: Violence and Discrimination Against
        Lesbian, Gay, Bisexual, and Transgender Students in U.S.
        Schools'' found that such students were often the victims of
        abuses.
            (4) A 2000 study by the American Association of University
        Women focused on implementation of title IX of the Education
        Amendments of 1972 more generally, and the findings of that
        study, published in ``A License for Bias: Sex Discrimination,
        Schools, and Title IX'', included a finding that many schools
        and universities have not established procedures for handling
        title IX-based grievances.
            (5) The 2001 report of the Surgeon General, entitled
        ``Surgeon General's Call to Action to Promote Sexual Health and
        Responsible Sexual Behavior'' notes that ``antihomosexual
        attitudes are associated with psychological distress for
        homosexual persons and may have a negative impact on mental
        health, including a greater incidence of depression and
        suicide, lower self-acceptance and a greater likelihood of
        hiding sexual orientation.''. It goes on to report: ``Averaged
        over two dozen studies, 80 percent of gay men and lesbians had
        experienced verbal or physical harassment on the basis of their
        orientation, 45 percent had been threatened with violence, and
        17 percent had experienced a physical attack.''.
    (b) Purpose.--The purpose of this Act is to provide for an
examination of how secondary schools are implementing the policy
guidance of the Department of Education's Office for Civil Rights
related to sexual harassment directed against gay, lesbian, bisexual,
and transgender students.

SEC. 2. STUDY OF HOW EDUCATIONAL INSTITUTIONS ARE IMPLEMENTING THE
              POLICY GUIDANCE RELATING TO SEXUAL HARASSMENT.

    (a) In General.--The United States Commission on Civil Rights
(hereafter in this Act referred to as the ``Commission'') shall conduct
a study of the 1997 final policy guidance entitled ``Sexual Harassment
Guidance: Harassment of Students by School Employees, Other Students,
or Third Parties'' published in the Federal Register on March 13, 1997,
62 Fed. Reg. 12034, and the application of such policy guidance.
    (b) Scope.--
            (1) Nationwide.--The study shall be conducted nationwide.
            (2) Elements of study.--The study shall examine, at a
        minimum, with regard to secondary schools--
                    (A) the extent to which there exists sexual
                harassment against gay and lesbian students in
                secondary schools, using the applicable standards in
                the policy guidance of the Office for Civil Rights
                described in subsection (a);
                    (B) the extent to which there exists gender-based
                harassment that negatively affects the learning
                environment of gay, lesbian, bisexual, and transgender
                students in secondary schools, applying the definition
                of such gender-based harassment contained in the 2001
                update of the policy guidance entitled ``Revised Sexual
                Harassment Guidance: Harassment of Students by School
                Employees, Other Students, or Third Parties'' for which
                a notice of availability was published in the Federal
                Register on January 19, 2001, 66 Fed. Reg. 5512;
                    (C) the level of awareness by school officials and
                students of the policy guidance described in subsection
                (a); and
                    (D) the level of implementation of such policy
                guidance.
    (c) Definition.--In this section, the term ``secondary school'' has
the meaning given the term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).

SEC. 3. REPORTING OF FINDINGS.

    (a) In General.--Not later than 18 months after the date of
enactment of this Act, the Commission shall transmit to Congress and to
the Secretary of Education--
            (1) a report of the Commission's findings under section 2;
        and
            (2) any policy recommendations developed by the Commission
        based upon the study carried out under section 2.
    (b) Dissemination.--The report and recommendations shall be
disseminated, in a manner that is easily understandable, to the public
by means that include the Internet.

SEC. 4. COOPERATION OF FEDERAL AGENCIES.

    (a) In General.--The head of each Federal department or agency
shall cooperate in all respects with the Commission with respect to the
study under section 2.
    (b) Information.--The head of each Federal department or agency
shall provide to the Commission, to the extent permitted by law, such
data, reports, and documents concerning the subject matter of such
study as the Commission may request.
    (c) Definition.--In this section, the term ``Federal department or
agency'' means any agency as defined in section 551 of title 5, United
States Code.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act, such sums as may be necessary for fiscal year 2002.
    (b) Availability.--Any amount appropriated under the authority of
subsection (a) shall remain available until expended.

Output: Directs the U.S. Commission on Civil Rights to conduct a nationwide study, and report with policy recommendations to Congress and the Secretary of Education, on how secondary schools are implementing specified policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deployed Service Members Financial
Security and Education Act of 2003''.

SEC. 2. ADDITIONAL ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS AND
              FREQUENT MOBILIZATIONS.

    (a) Allowance Payable.--(1) Chapter 7 of title 37, United States
Code, is amended by adding at the end the following new section:
``Sec. 437. Additional allowance for lengthy or numerous deployments
              and frequent mobilizations
    ``(a) Monthly Allowance.--The Secretary of the military department
concerned shall pay a monthly allowance to a member of the armed forces
under the Secretary's jurisdiction for each month of deployment of the
member described in paragraph (1) of subsection (b) and each month of
active duty service of the member described in paragraph (2) of such
subsection.
    ``(b) Service Covered.--Subsection (a) applies to a member for the
following months:
            ``(1) A month that includes a day on which the member is
        deployed and has, as of that day, been deployed for--
                    ``(A) 191 consecutive days; or
                    ``(B) 401 days or more out of the preceding 730
                days.
            ``(2) A month that includes a day on which the member
        serves on active duty to which the member, as a member of a
        reserve component of an armed force, has been called or ordered
        pursuant to a provision of law referred to in section
        101(a)(13)(B) of title 10 for a period that begins within one
        year after the date on which the member was released from
        active duty served for a previous period under a call or order
        pursuant to such a provision of law.
    ``(c) Amount.--The amount of the monthly allowance payable to a
member under this section is $1,000.
    ``(d) Payment of Claims.--A claim of a member for payment of the
monthly allowance under this section that is not fully substantiated by
the recordkeeping system applicable to the member under section 991(c)
of title 10 shall be paid if the member furnishes the Secretary
concerned with other evidence determined by the Secretary as being
sufficient to substantiate the claim.
    ``(e) Relationship to Other Allowances.--A monthly allowance
payable to a member under this section is in addition to the per diem
allowance payable under section 436 of this title and to any other pay
or allowance payable to the member under any other provision of law.
    ``(f) Definition of Deployed.--In this section, the terms
`deployed' and `deployment', with respect to a member, means that the
member is deployed or in a deployment within the meaning of section
991(b) of title 10 (including any definition of `deployment' prescribed
under paragraph (4) of that section).''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 436 the
following new item:

``437. Additional allowance for lengthy or numerous deployments and
                            frequent mobilizations.''.
    (b) Effective Date.--Section 437 of title 37, United States Code
(as added by subsection (a)), shall take effect on the date of the
enactment of this Act, and shall apply with respect to periods of
deployment or active duty that begin before, on, or after such date,
except that no allowance may be paid under such section for months that
begin before the month in which this Act is enacted.

SEC. 3. RELIEF ON EDUCATIONAL MATTERS FOR PERSONS IN THE MILITARY
              SERVICE UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT
              OF 1940.

    (a) Applicability of Interest Rate Limitation to Student Loans.--
Section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 526) is amended--
            (1) by inserting ``(a)'' before ``No obligation'';
            (2) by designating the second sentence as subsection (c)
        and indenting the left margin of such subsection, as so
        designated, two ems; and
            (3) by inserting after subsection (a), as designated by
        paragraph (1) of this subsection, the following new subsection
        (b):
    ``(b) Subsection (a) shall apply with respect to student loans,
including student loans under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), student loans under any other Federal
student loan program, or any other student loans.''.
    (b) Preservation of Educational Status and Tuition.--Article VII.
of such Act (50 U.S.C. App. 590 et seq.) is amended by adding at the
end the following new section:
    ``Sec. 704. (a) A person in the military service who is enrolled as
a student at an institution of higher education at the time of entry
into the military service shall be granted a leave of absence from the
institution during the period of military service and for one year
after the conclusion of the military service.
    ``(b)(1) A person on a leave of absence from an institution of
higher education under subsection (a) shall be entitled, upon
completion of the leave of absence, to be restored to the educational
status such person had attained before entering into the military
service as described in that subsection without loss of academic
credits earned, scholarships or grants awarded, or, subject to
paragraph (2), tuition and other fees paid before the entry of the
person into the military service.
    ``(2)(A) An institution of higher education shall refund tuition or
fees paid or credit the tuition and fees to the next period of
enrollment after the person returns from the leave of absence, at the
option of the person. Notwithstanding the 180-day limitation referred
to in subsection (a)(2)(B) of section 484B of the Higher Education Act
of 1965 (20 U.S.C. 1091b), a person on a leave of absence under this
section shall not be treated as having withdrawn for purposes of such
section 484B unless the person fails to return upon the completion of
the leave of absence.
    ``(B) If a person requests a refund for a period of enrollment, the
percentage of the tuition and fees that shall be refunded shall be
equal to 100 percent minus--
            ``(i) the percentage of the period of enrollment (for which
        the tuition and fees were paid) that was completed (as
        determined in accordance with subsection (d) of such section
        484B) as of the day the person withdrew, provided that such
        date occurs on or before the completion of 60 percent of the
        period of enrollment; or
            ``(ii) 100 percent, if the day the person withdrew occurs
        after the person has completed 60 percent of the period of
        enrollment.''.

Output: Deployed Service Members Financial Security and Education Act of 2003 - Directs the Secretary of the military department concerned to pay a monthly $1,000 allowance to a member of the armed forces for each month of deployment in the case of a member who is deployed for: (1) 191 consecutive days; or (2) 401 or more of the preceding 730 days.Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to apply a provision limiting the rate of interest on student loans during a period of military service to all student loans, including loans under Title IV of the Higher Education Act of 1965.Requires a person in the military service who is enrolled in an institution of higher education at the time of entry into service to be granted a leave of absence from the institution during the period of service and for one year thereafter. Requires such person, after such leave of absence, to be restored to the same educational status (including academic credits, scholarships or grants, and amount of tuition) attained before entry into service. Requires the institution to refund, or provide a credit for, tuition or fees paid for the period covering the leave of absence.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``YES to Cures Act of 2014''.

SEC. 2. FUNDING RESEARCH BY EMERGING SCIENTISTS THROUGH COMMON FUND.

    (a) Use of Funds.--Section 402(b)(7)(B) of the Public Health
Service Act (42 U.S.C. 282) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following:
            ``(ii) shall, with respect to funds reserved under section
        402A(c)(1)(C) for the Common Fund, allocate such funds to the
        national research institutes and national centers for
        conducting and supporting research that is identified under
        subparagraph (A) and is carried out by one or more emerging
        scientists (as defined in section 402A(c)(1)(C)(iv)); and''.
    (b) Reservation of Funds.--Section 402A(c)(1) of the Public Health
Service Act (42 U.S.C. 282a(c)(1)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Additional reservation for research by
                emerging scientists.--
                            ``(i) Inapplicability of tap for evaluation
                        activities.--Beginning with fiscal year 2015,
                        funds appropriated to the National Institutes
                        of Health shall not be subject to section 241.
                            ``(ii) Reservation.--In addition to the
                        amounts reserved for the Common Fund under
                        subparagraph (B) and amounts appropriated to
                        the Common Fund under subsection (a)(2), the
                        Director of NIH shall reserve an amount for the
                        Common Fund for fiscal year 2015 and each
                        subsequent fiscal year that is equal to the
                        amount that, but for clause (i), would be made
                        available under section 241 for evaluation
                        activities for such fiscal year.
                            ``(iii) Purpose of reservation.--Amounts
                        reserved under clause (ii) shall be used for
                        the purpose of carrying out section
                        402(b)(7)(B)(ii) (relating to the conduct and
                        support of research that is identified under
                        section 402A(b)(7)(A) and is carried out by one
                        or more emerging scientists).
                            ``(iv) Definition.--In this subparagraph,
                        the term `emerging scientist' means an
                        investigator who--
                                    ``(I) will be the principal
                                investigator or the program director of
                                the proposed research;
                                    ``(II) has never been awarded, or
                                has been awarded only once, a
                                substantial, competing grant by the
                                National Institutes of Health for
                                independent research; and
                                    ``(III) is within 15 years of
                                having completed--
                                            ``(aa) the investigator's
                                        terminal degree; or
                                            ``(bb) a medical residency
                                        (or the equivalent).''.
    (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds
reserved pursuant to section 402A(c)(1)(C) of the Public Health Service
Act, as added by subsection (b)--
            (1) shall be used to supplement, not supplant, the funds
        otherwise allocated by the National Institutes of Health for
        young investigators; and
            (2) notwithstanding any transfer authority in any
        appropriation Act, shall not be used for any purpose other than
        allocating funds as described in section 402(b)(7)(B)(ii) of
        the Public Health Service Act, as added by subsection (a).
    (d) Conforming Amendments.--
            (1) Section 241(a) of the Public Health Service Act (42
        U.S.C. 238j(a)) is amended by striking ``Such portion'' and
        inserting ``Subject to section 402A(c)(1)(C)(i), such
        portion''.
            (2) Section 402A(a)(2) of the Public Health Service Act is
        amended--
                    (A) by striking ``402(b)(7)(B)(ii)'' and inserting
                ``402(b)(7)(B)(iii)''; and
                    (B) by striking ``reserved under subsection
                (c)(1)(B)(i)'' and inserting ``reserved under
                subparagraph (B)(i) or (C)(ii) of subsection (c)(1)''.
            (3) Section 3(c)(2) of the Gabriella Miller Kids First
        Research Act (Public Law 113-94) is amended by striking
        ``402(b)(7)(B)(ii) of the Public Health Service Act, as added
        by subsection (a)'' and inserting ``402(b)(7)(B)(iii) of the
        Public Health Service Act, as added by subsection (a) and
        redesignated by section 2(a) of the YES to Cures Act of 2014''.
    (e) Rule of Construction.--Nothing in this Act (and the amendments
made by this Act) is intended to affect the amount of funds authorized
to be appropriated to the Agency for Healthcare Research and Quality.

SEC. 3. REPORT ON TRENDS IN AGE OF RECIPIENTS OF NIH-FUNDED MAJOR
              RESEARCH GRANTS.

    Not later than six months after the date of enactment of this Act,
the Director of the National Institutes of Health shall submit a report
to the Congress--
            (1) explaining why, over the 30-year period preceding the
        enactment of this Act--
                    (A) there has been a substantial increase in the
                age of investigators receiving their first major
                research grant from the National Institutes of Health;
                    (B) there has been a substantial increase in the
                average age of all recipients of major research grants
                from the National Institutes of Health; and
                    (C) there has been a dramatic drop in the number of
                investigators under 40 years of age receiving major
                research grants from the National Institutes of Health;
                and
            (2) describing--
                    (A) the steps taken by the National Institutes of
                Health in recent years to address the trends identified
                in paragraph (1); and
                    (B) the impact of taking such steps.

Output: YES to Cures Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to allocate for research by emerging scientists funds that otherwise would be used to evaluate the implementation and effectiveness of National Institutes of Health (NIH) programs. Requires NIH to explain why there has been an increase in the average age of grant recipients over the past 30 years and describe the steps taken to address this trend.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ocean Acidification Research
Partnerships Act''.

SEC. 2. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS.

    The Federal Ocean Acidification Research and Monitoring Act of 2009
(33 U.S.C. 3701 et seq.) is amended by inserting after section 12406
the following:

``SEC. 12406A. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS.

    ``(a) Definitions.--In this section:
            ``(1) Academic community.--The term `academic community'
        includes faculty and other representatives of institutions of
        higher education and other schools, researchers, scientists,
        and natural resource managers.
            ``(2) Seafood industry.--The term `seafood industry'
        includes shellfish growers, shellfish harvesters, commercial
        fishermen, recreational fishermen, other members of the seafood
        harvesting or supply chain, and organizations representing any
        of such groups.
    ``(b) Grants.--The Secretary shall provide grants for collaborative
research projects on ocean acidification developed and conducted
through partnerships between the seafood industry and the academic
community.
    ``(c) Criteria for Approval.--The Secretary may not provide a grant
for a project under this section unless the project is--
            ``(1) consistent with the themes identified under the
        strategic research plan developed by the Subcommittee under
        section 12405; and
            ``(2) designed to--
                    ``(A) develop and support partnerships,
                communications, and shared understanding between the
                seafood industry and the academic community;
                    ``(B) include the seafood industry in research on
                ocean acidification;
                    ``(C) deliver research, monitoring, or adaptation
                results which will benefit both the seafood industry
                and the academic community;
                    ``(D) incorporate into the research agenda the
                expertise of both the seafood industry, including their
                unique understanding of the natural environment, and
                the academic community;
                    ``(E) promote better understanding of seafood
                industry research questions and priorities within the
                academic community;
                    ``(F) promote wider understanding of ocean
                acidification among the academic community, the seafood
                industry, and other stakeholders as appropriate; and
                    ``(G) include appropriately balanced support from
                both the seafood industry and the academic community.
    ``(d) Priority.--The Secretary shall prioritize funding under this
section to projects which--
            ``(1) address ecosystems and communities vulnerable to the
        impacts of ocean acidification;
            ``(2) demonstrate support from local stakeholders, such as
        representatives of States or other governmental jurisdictions,
        community organizations, tribes, or educational institutions,
        as appropriate, located within the region in which the project
        will be undertaken; or
            ``(3) utilize seafood industry assets as research and
        monitoring platforms.
    ``(e) Implementation Guidelines.--Not later than 180 days after the
date of enactment of this section, the Secretary, in collaboration with
the Subcommittee, shall issue implementation guidelines under this
section, including criteria and priorities for grants. Those guidelines
shall be developed in consultation, as appropriate, with--
            ``(1) State, regional, and local decisionmakers with ocean
        acidification experience;
            ``(2) the seafood industry and other marine-dependent
        industries;
            ``(3) formal and informal educators, including both those
        within academia and those who are not;
            ``(4) tribes;
            ``(5) nongovernmental organizations involved in ocean
        acidification research, prevention, or adaptation; and
            ``(6) any other appropriate community stakeholders.
    ``(f) Contents of Proposals.--Each proposal for a grant under this
section shall include--
            ``(1) a description of the qualifications of the
        individuals or entities who will conduct the project;
            ``(2) a plan for ensuring full participation and engagement
        of both industry and academic community participants, including
        a description of how each partner will contribute expertise to
        the project in terms of design, execution, and interpretation
        of results;
            ``(3) a plan for the dissemination of the results of the
        research project, which may include--
                    ``(A) educational programs;
                    ``(B) presentations to members of the seafood
                industry, the academic community, and community
                stakeholders;
                    ``(C) scientific publication; and
                    ``(D) delivery to appropriate representatives of
                States or other government jurisdictions who would use
                the information;
            ``(4) a description of how the project is consistent with
        the program elements described in section 12405(c); and
            ``(5) any other information the Secretary considers
        necessary for evaluating the eligibility of the project for
        funding under this section.
    ``(g) Alternative Participants.--The Secretary may make a grant
under this section to a partnership in which a marine-dependent
industry is substituted for the seafood industry if the proposed
project serves the purposes of this section. In such a case, the
participation and interests of that marine-dependent industry shall be
substituted for those of the seafood industry in applying the
requirements of this section.
    ``(h) Project Reporting.--Each grantee under this section shall
provide periodic reports as required by the Secretary. Each such report
shall include all information required by the Secretary for evaluating
the progress and success of the project.
    ``(i) Matching Requirements.--
            ``(1) In general.--Except as provided in paragraph (2), the
        total amount of Federal funding for a collaborative research
        project supported under this section may not exceed 85 percent
        of the total cost of such project. For purposes of this
        paragraph, the non-Federal share of project costs may be
        provided by in-kind contributions and other noncash support.
            ``(2) Waiver.--The Secretary may waive all or part of the
        matching requirement under paragraph (1) if the Secretary
        determines that no reasonable means are available through which
        applicants can meet the matching requirement and the probable
        benefit of such project outweighs the public interest in such
        matching requirement.
    ``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $5,000,000
for each of the fiscal years 2016 through 2020.''.

Output: Ocean Acidification Research Partnerships Act This bill amends the Federal Ocean Acidification Research and Monitoring Act of 2009 to require the National Oceanic and Atmospheric Administration (NOAA) to provide grants for collaborative research projects on ocean acidification developed and conducted through partnerships between the seafood industry and the academic community. NOAA must prioritize projects which: (1) address ecosystems and communities vulnerable to the impacts of ocean acidification, (2) demonstrate support from local stakeholders, or (3) utilize seafood industry assets as research and monitoring platforms.  NOAA may make a grant to a partnership in which a marine-dependent industry is substituted for the seafood industry.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IRS Customer Service Improvement
Act''.

SEC. 2. DEVELOPMENT AND IMPLEMENTATION OF PERSONAL SERVICE PLAN.

    Not later than 1 year after the date of the enactment of this Act,
the Director of the Internal Revenue Service shall develop and
implement a plan to ensure that--
            (1) each voice call to service telephone numbers of the
        Internal Revenue Service is answered personally and in a timely
        manner by an employee of the Internal Revenue Service; and
            (2) each letter and notification sent to a taxpayer by the
        Internal Revenue Service is signed by the Internal Revenue
        Service employee who can be contacted for additional
        information regarding such letter or notification.

SEC. 3. INTEREST RATE FOR OVERPAYMENTS TO EQUAL RATE FOR UNDERPAYMENTS.

    (a) In General.--Section 6621(a) of the Internal Revenue Code of
1986 (relating to determination of rate of interest) is amended to read
as follows:
    ``(a) General Rule.--The overpayment rate and the underpayment rate
established under this section shall be the Federal short-term rate
determined under subsection (b).''
    (b) Conforming Amendment.--Section 6621 of such Code (relating to
determination of rate of interest) is amended by striking subsection
(c).
    (c) Effective Date.--The amendments made by this section shall
apply for purposes of determining interest to periods after the date of
the enactment of this Act.

SEC. 4. NOTICE OF ASSESSMENT ARISING OUT OF MATHEMATICAL OR CLERICAL
              ERRORS.

    (a) In General.--Paragraph (1) of section 6213(b) of the Internal
Revenue Code of 1986 (relating to assessments arising out of
mathematical or clerical errors) is amended to read as follows:
            ``(1) Assessments arising out of mathematical or clerical
        errors.--
                    ``(A) Notice to taxpayer.--Not later than 6 months
                after the due date of a return (or, if applicable, the
                last day of any extension relating thereto), the
                Secretary shall notify the taxpayer by certified mail
                or registered mail if, on account of a mathematical or
                clerical error appearing on the return, an amount of
                tax in excess of that shown on the return is due, and
                an assessment of the tax has been or will be made on
                the basis of what would have been the correct amount of
                tax but for the mathematical or clerical error.
                    ``(B) Required contents.--Each notice under this
                paragraph shall set forth the error alleged and an
                explanation thereof.
                    ``(C) Not treated as notice of deficiency.--A
                notice under this paragraph shall not be considered as
                a notice of deficiency for the purposes of subsection
                (a) (prohibiting assessment and collection until notice
                of the deficiency has been mailed), or of section
                6212(c)(1) (restricting further deficiency letters), or
                of section 6512(a) (prohibiting credits or refunds
                after petition to the Tax Court), and the taxpayer
                shall have no right to file a petition with the Tax
                Court based on such notice, nor shall such assessment
                or collection be prohibited by the provisions of
                subsection (a) of this section.
                    ``(D) Failure to provide timely notice.--In the
                case of a failure by the Secretary to provide timely
                notice under this paragraph, see section 6404(d)(2) for
                waiver of certain interest amounts and penalties.''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to returns filed after the date of the enactment of this Act.

SEC. 5. FAIRNESS WHEN COLLECTING A TAX DUE TO MATHEMATICAL AND CLERICAL
              ERRORS.

    (a) In General.--Section 6404(d) of the Internal Revenue Code of
1986 (relating to abatements) is amended to read as follows:
    ``(d) Abatement of Interest, Penalty, Additional Amount, and
Addition to Tax Attributable to Certain Mathematical or Clerical
Errors.--
            ``(1) Prompt payment.--In the case of an assessment of
        additional tax attributable to a mathematical or clerical error
        (as defined in section 6213(g)(2)), the Secretary shall abate
        any interest, penalty, additional amount, and addition to tax
        with respect to such assessment if, within 60 days after notice
        of such assessment is sent under section 6213(b)(1), the
        taxpayer pays, or files a request for an abatement of, such
        assessment.
            ``(2) Failure of secretary to notify within 6 months.--In
        the case of an assessment of additional tax attributable to a
        mathematical or clerical error (as defined in section
        6213(g)(2)) with respect to which the Secretary failed to
        notify the taxpayer within the 6-month period specified in
        section 6213(b)(1), the Secretary shall abate any interest,
        penalty, and additional amount with respect to such
        assessment.''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to notices filed after the date of the enactment of this Act.

SEC. 6. 1-YEAR PERIOD OF LIMITATION ON CERTAIN ADDITIONAL ASSESSMENTS
              RELATING TO CERTAIN RETURNS.

    (a) In General.--Subsection (c) of section 6501 of the Internal
Revenue Code of 1986 (relating to exceptions to limitations on
assessment and collection) is amended by adding at the end the
following new paragraph:
            ``(10) 1-year period for certain individual income tax
        taxpayers.--
                    ``(A) In general.--Except as otherwise provided by
                this subsection, in the case of a return described in
                subparagraph (B), subsection (a) shall be applied by
                substituting `1 year' for `3 years' both places it
                appears.
                    ``(B) Return described.--A return is described in
                this subparagraph if the return is a return of tax
                imposed under section 1 for a taxable year of a
                taxpayer and if--
                            ``(i) the amount of taxable income shown on
                        such return is equal to or exceeds the lowest
                        amount of taxable income to which the 39.6
                        percent rate of tax applies, and
                            ``(ii) the understatement of tax (if any)
                        on such return is 25 percent or less of the tax
                        required to be shown on the return for such
                        taxable year.
                For purposes of clause (ii), the term `understatement'
                has the meaning given such term by section
                6662(d)(2)(A).''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1997.

SEC. 7. EXCEPTION FOR SMALL BUSINESSES FROM REQUIRED USE OF ELECTRONIC
              FUND TRANSFER SYSTEM.

    (a) In General.--Subsection (h) of section 6302 of the Internal
Revenue Code of 1986 (relating to use of electronic fund transfer
system for collection of certain taxes) is amended by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by
inserting after paragraph (2) the following new paragraph:
            ``(3) Exception for small depositors.--
                    ``(A) In general.--A taxpayer who is a small
                depositor for any calendar year shall not be required
                to make deposits by electronic fund transfer for taxes
                attributable to payments made during the following
                calendar year.
                    ``(B) Small depositor.--A taxpayer is a small
                depositor for any calendar year if the amount of
                employment taxes attributable to payments made by such
                taxpayer during such year is $50,000 or less.''
    (b) Required Percentages of Deposits Frozen at 1996 Level.--
            (1) Subparagraph (B) of section 6302(h)(2) of such Code is
        amended--
                    (A) by striking ``the applicable required
                percentage'' in clause (i) and inserting ``20.1
                percent'', and
                    (B) by striking ``the applicable required
                percentage'' in clause (ii) and inserting ``30
                percent''.
            (2) Paragraph (2) of section 6302(h) of such Code is
        amended by striking subparagraph (C).
    (c) Effective Date.--The amendments made by this section shall
apply to amounts otherwise required to be deposited after June 30,
1998.

Output:
IRS Customer Service Improvement Act - Requires the Internal Revenue Service (IRS) to develop and implement a plan to ensure that: (1) each phone call to the IRS is answered personally and in a timely manner by an IRS employee; and (2) every written IRS communication sent to a taxpayer is signed by an IRS employee who can be contacted for additional information.
Requires the overpayment and the underpayment rate to be the Federal short-term rate.
Revises provisions concerning mathematical or clerical errors.
Provides for a one-year period of limitation (under the general rule, a three-year period) on certain additional assessments relating to certain returns.
Provides an exception from the electronic fund transfer system when the amount of employment taxes attributable to annual payments made is $50,000 or less.


Input:
SECTION 1. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS
              AND TRAP AND TRACE DEVICES.

    (a) General Limitation on Use by Governmental Agencies.--Section
3121(c) of title 18, United States Code, is amended--
            (1) by inserting ``or trap and trace device'' after ``pen
        register'';
            (2) by inserting ``, routing, addressing,'' after
        ``dialing''; and
            (3) by striking ``call processing'' and inserting ``the
        processing and transmitting of wire and electronic
        communications''.
    (b) Issuance of Orders.--
            (1) In general.--Subsection (a) of section 3123 of that
        title is amended to read as follows:
    ``(a) In General.--(1) Upon an application made under section
3122(a)(1) of this title, the court shall enter an ex parte order
authorizing the installation and use of a pen register or trap and
trace device if the court finds that the attorney for the Government
has certified to the court that the information likely to be obtained
by such installation and use is relevant to an ongoing criminal
investigation. The order shall, upon service of the order, apply to any
entity providing wire or electronic communication service in the United
States whose assistance is required to effectuate the order.
    ``(2) Upon an application made under section 3122(a)(2) of this
title, the court shall enter an ex parte order authorizing the
installation and use of a pen register or trap and trace device within
the jurisdiction of the court if the court finds that the State law
enforcement or investigative officer has certified to the court that
the information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.''.
            (2) Contents of order.--Subsection (b)(1) of that section
        is amended--
                    (A) in subparagraph (A)--
                            (i) by inserting ``or other facility''
                        after ``telephone line''; and
                            (ii) by inserting before the semicolon at
                        the end ``or applied''; and
                    (B) by striking subparagraph (C) and inserting the
                following new subparagraph (C):
                    ``(C) a description of the communications to which
                the order applies, including the number or other
                identifier and, if known, the location of the telephone
                line or other facility to which the pen register or
                trap and trace device is to be attached or applied,
                and, in the case of an order authorizing installation
                and use of a trap and trace device under subsection
                (a)(2), the geographic limits of the order; and''.
            (3) Nondisclosure requirements.--Subsection (d)(2) of that
        section is amended--
                    (A) by inserting ``or other facility'' after ``the
                line''; and
                    (B) by striking ``or who has been ordered by the
                court'' and inserting ``or applied or who is obligated
                by the order''.
    (c) Emergency Installation.--Section 3125(a)(1) of that title is
amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the comma at the end
        and inserting a semicolon; and
            (3) by inserting after subparagraph (B) the following new
        subparagraphs:
                    ``(C) immediate threat to the national security
                interests of the United States;
                    ``(D) immediate threat to public health or safety;
                or
                    ``(E) an attack on the integrity or availability of
                a protected computer which attack would be an offense
                punishable under section 1030(c)(2)(C) of this
                title,''.
    (d) Definitions.--
            (1) Court of competent jurisdiction.--Paragraph (2) of
        section 3127 of that title is amended by striking subparagraph
(A) and inserting the following new subparagraph (A):
                    ``(A) any district court of the United States
                (including a magistrate judge of such a court) or any
                United States Court of Appeals having jurisdiction over
                the offense being investigated; or''.
            (2) Pen register.--Paragraph (3) of that section is
        amended--
                    (A) by striking ``electronic or other impulses''
                and all that follows through ``is attached'' and
                inserting ``dialing, routing, addressing, or signalling
                information transmitted by an instrument or facility
                from which a wire or electronic communication is
                transmitted''; and
                    (B) by inserting ``or process'' after ``device''
                each place it appears.
            (3) Trap and trace device.--Paragraph (4) of that section
        is amended--
                    (A) by inserting ``or process'' after ``a device'';
                and
                    (B) by striking ``of an instrument'' and all that
                follows through the end and inserting ``or other
                dialing, routing, addressing, and signalling
                information relevant to identifying the source of a
                wire or electronic communication;''.

SEC. 2. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND RELATED
              ACTIVITY IN CONNECTION WITH COMPUTERS.

    (a) Penalties.--Subsection (c) of section 1030 of title 18, United
States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``except as provided in
                        subparagraphs (B) and (C),'' before ``a fine'';
                            (ii) by striking ``(a)(5)(C),'' and
                        inserting ``(a)(5),''; and
                            (iii) by striking ``and'' at the end;
                    (B) in subparagraph (B)--
                            (i) by inserting ``or an attempt to commit
                        an offense punishable under this
                        subparagraph,'' after ``subsection (a)(2),'' in
                        the matter preceding clause (i); and
                            (ii) by adding ``and'' at the end; and
                    (C) by striking subparagraph (C) and inserting the
                following new subparagraph (C):
            ``(C) a fine under this title or imprisonment for not more
        than 10 years, or both, in the case of an offense under
        subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an
        offense punishable under this subparagraph, if the offense
        caused (or, in the case of an attempted offense, would, if
        completed, have caused)--
                    ``(i) loss to one or more persons during any one-
                year period (including loss resulting from a related
                course of conduct affecting one or more other protected
                computers) aggregating at least $5,000 in value;
                    ``(ii) the modification or impairment, or potential
                modification or impairment, of the medical examination,
                diagnosis, treatment, or care of one or more
                individuals;
                    ``(iii) physical injury to any person;
                    ``(iv) a threat to public health or safety; or
                    ``(v) damage affecting a computer system used by or
                for a government entity in furtherance of the
                administration of justice, national defense, or
                national security; and'';
            (2) by redesignating subparagraph (B) of paragraph (3) as
        paragraph (4);
            (3) in paragraph (3)--
                    (A) by striking ``(A)'' at the beginning; and
                    (B) by striking ``, (a)(5)(A), (a)(5)(B),''; and
            (4) in paragraph (4), as designated by paragraph (2) of
        this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B),
        (a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4), (a)(6),''.
    (b) Definitions.--Subsection (e) of that section is amended--
            (1) in paragraph (2)(B), by inserting ``, including a
        computer located outside the United States'' before the
        semicolon;
            (2) in paragraph (7), by striking ``and'' at the end;
            (3) by striking paragraph (8) and inserting the following
        new paragraph (8):
            ``(8) the term `damage' means any impairment to the
        integrity or availability of data, a program, a system, or
        information;'';
            (4) in paragraph (9), by striking the period at the end and
        inserting ``; and''; and
            (5) by adding at the end the following new paragraphs:
            ``(10) the term `conviction' shall include an adjudication
        of juvenile delinquency for a violation of this section; and
            ``(11) the term `loss' means any reasonable cost to any
        victim, including the cost of responding to an offense,
        conducting a damage assessment, and restoring the data,
        program, system, or information to its condition prior to the
        offense, and any revenue lost or cost incurred because of
        interruption of service.''.
    (c) Damages in Civil Actions.--Subsection (g) of that section is
amended in the second sentence by striking ``involving damage'' and all
that follows through the period and inserting ``of subsection (a)(5)
shall be limited to loss unless such action includes one of the
elements set forth in clauses (ii) through (v) of subsection
(c)(2)(C).''.
    (d) Criminal Forfeiture.--That section is further amended by adding
at the end the following new subsection:
    ``(i)(1) The court, in imposing sentence on any person convicted of
a violation of this section, shall order, in addition to any other
sentence imposed and irrespective of any provision of State law, that
such person forfeit to the United States--
            ``(A) the interest of such person in any property, whether
        real or personal, that was used or intended to be used to
        commit or to facilitate the commission of such violation; and
            ``(B) any property, whether real or personal, constituting
        or derived from any proceeds that such person obtained, whether
        directly or indirectly, as a result of such violation.
    ``(2) The criminal forfeiture of property under this subsection,
any seizure and disposition thereof, and any administrative or judicial
proceeding relating thereto, shall be governed by the provisions of
section 413 of the Controlled Substances Act (21 U.S.C. 853), except
subsection (d) of that section.''.
    (e) Civil Forfeiture.--That section, as amended by subsection (d)
of this section, is further amended by adding at the end the following
new subsection:
    ``(j)(1) The following shall be subject to forfeiture to the United
States, and no property right shall exist in them:
            ``(A) Any property, whether real or personal, that is used
        or intended to be used to commit or to facilitate the
        commission of any violation of this section.
            ``(B) Any property, whether real or personal, that
        constitutes or is derived from proceeds traceable to any
        violation of this section.
    ``(2) The provisions of chapter 46 of this title relating to civil
forfeiture shall apply to any seizure or civil forfeiture under this
subsection.''.

SEC. 3. JUVENILE DELINQUENCY.

    Clause (3) of the first paragraph of section 5032 of title 18,
United States Code, is amended--
            (1) by striking ``or'' before ``section 1002(a)'';
            (2) by striking ``or'' before ``section 924(b)''; and
            (3) by inserting after ``or (h) of this title,'' the
        following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of
        this title, or is a felony violation of section 1030(a)(5) of
        this title where such violation of such section 1030(a)(5) is
        punishable under clauses (ii) through (v) of section
        1030(c)(5)(C) of this title,''.

SEC. 4. AMENDMENT TO SENTENCING GUIDELINES.

    Section 805(c) of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104-132; 28 U.S.C. 994 note) is amended by striking
``paragraph (4) or (5)'' and inserting ``paragraph (4) or a felony
violation of paragraph (5)(A)''.

Output:
Directs the court, upon application made by: (1) an attorney for the Government, to enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if it finds that such attorney has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation (the order shall, upon service, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order); and (2) a State investigative or law enforcement officer (unless prohibited by State law), to enter an ex parte order authorizing the installation and use of such register or device within the court's jurisdiction if it finds that the officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
Requires the order to specify a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device with respect to States, the geographic limits of the order.
Provides for emergency installation of a pen register or trap and trace device in situations involving: (1) an immediate threat to U.S. national security interests, or to public health or safety; or (2) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under Federal criminal code prohibitions against fraud and related activity in connection with computers.
Modifies the definitions of: (1) "court of competent jurisdiction" to mean any U.S. district court or any U.S. Court of Appeals having jurisdiction over the offense being investigated; and (2) "pen register" and "trap and trace device" to cover processes (as well as devices) and dialing, routing, addressing, or signaling information with respect to a wire or electronic communication.
(Sec. 2) Revises Federal criminal code (the code) provisions regarding penalties for fraud and related activity in connection with computers to cover certain attempts to commit punishable offenses, and to provide penalties for offenses (or attempts) regarding: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Repeals a limitation on damages in civil actions to economic damages if any of subparagraphs (2) through (5) apply.
Directs the court, in imposing sentence on any person convicted of a violation, to order, in addition to any other sentence imposed and irrespective of any State law provision, that such person forfeit to the United States: (1) the interest of such person in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (2) any property constituting or derived from any proceeds that such person obtained as a result of such violation. Makes specified Controlled Substances Act provisions regarding the criminal forfeiture, seizure, and disposition of property applicable to this section.
Sets forth similar provisions with respect to civil forfeiture.
(Sec. 3) Amends provisions of the code regarding juvenile delinquency proceedings in district courts, and transfer for criminal prosecution, to cover situations involving fraud and related activity in connection with computers.
(Sec. 4) Modifies provisions of the Antiterrorism and Effective Death Penalty Act of 1996 to direct the United States Sentencing Commission to amend the sentencing guidelines to ensure that any individual convicted of a felony violation of the prohibition against knowingly causing the transmission of a program, information, code, or command, thereby intentionally causing damage without authorization, to a protected computer is imprisoned for not less than six months.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Unreasonable Fees
Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Several airports and other transportation terminals
        continue to charge or have imposed fees on all for-hire
        vehicles, regardless of whether the vehicle is providing
        interstate or intrastate transportation.
            (2) The imposition of such fees unreasonably burdens direct
        for hire vehicles, many of whom are small businesses struggling
        to survive in these difficult economic times.

SEC. 3. PREVENTION OF UNREASONABLE FEES.

    Section 14501(d) of title 49, United States Code is amended--
            (1) in paragraph (1), by striking ``on account of the fact
        that a motor vehicle'' and inserting ``to be paid with respect
        to a motor vehicle that'';
            (2) by redesignating paragraphs (2) and (3) as paragraph
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) Transportation terminal fees prohibited.--An operator
        of a transportation terminal that, at any time after the date
        of enactment of the Prevention of Unreasonable Fees Act, uses
        any Federal funds for the construction, expansion, renovation,
        or other capital improvement of such transportation terminal,
        or for the purchase or lease of any equipment installed in such
        transportation terminal or on its property, may not charge any
        fee to a provider of prearranged ground transportation service
        described in paragraph (1), except--
                    ``(A) a fee charged to the general public for
                access to, or use of, any part of the transportation
                terminal;
                    ``(B) a fee for the availability of ancillary
                facilities at the transportation terminal that is
                reasonable in relation to the costs of operating the
                ancillary facilities; or
                    ``(C) a fee for such access, use, or availability
                that the Secretary has approved in advance after making
                a determination that the fee is reasonable,
                nonburdensome, nondiscriminatory, necessary, and
                appropriate to the provision of prearranged ground
                transportation service.'';
            (4) by amending paragraph (3), as redesignated, to read as
        follows:
            ``(3) Definitions.--In this section:
                    ``(A) Ancillary facilities.--The term `ancillary
                facilities' includes restrooms, vending machines,
                monitoring facilities that advise parties accessing the
                transportation terminal of arrivals or departures of
                aircraft, buses, trains, ships, or boats, and such
                other facilities determined by the Secretary to be
                necessary, appropriate, desirable, or useful to the
                business of providing prearranged ground transportation
                service.
                    ``(B) Intermediate stop.--The term `intermediate
                stop', with respect to transportation by a motor
                carrier, means a pause in the transportation in order
                for 1 or more passengers to engage in personal or
                business activity if the driver providing the
                transportation to such passengers does not, before
                resuming the transportation of at least 1 of such
                passengers, provide transportation to any other person
                not included among the passengers being transported
                when the pause began.
                    ``(C) Transportation terminal.--The term
                `transportation terminal' means any airport, port
                facility for ships or boats, train station, or bus
                terminal, including any principal building and all
                ancillary buildings, roads, runways, and other
                facilities.''; and
            (5) in paragraph (4), as redesignated--
                    (A) in subparagraph (B)--
                            (i) by striking ``an airport, train, or
                        bus'' and inserting ``a transportation''; and
                            (ii) by striking ``and'' at the end;
                    (B) by redesignating subparagraph (C) as
                subparagraph (D);
                    (C) by inserting after subparagraph (B) the
                following:
                    ``(C) as prohibiting or restricting a
                transportation terminal operator from requiring
                vehicles that cannot safely use parking facilities that
                are otherwise available to the general public to use
                segregated facilities, if the fee for such facilities
                is not more than the amount charged to the public for
                similar facilities;'';
                    (D) in subparagraph (D), as redesignated, by
                striking the period at the end and inserting ``; or'';
                and
                    (E) by inserting after subparagraph (D), as
                redesignated, the following:
                    ``(E) as restricting the right of any State or
                political subdivision of a State to require a license
                or fee (other than a fee by a transportation terminal
                operator prohibited under paragraph (2)) with respect
                to a vehicle that is providing transportation not
                described in paragraph (1).''.

SEC. 4. REGULATIONS.

    (a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Transportation shall promulgate
regulations to carry out the provisions of section 14501(d) of title
49, United States Code, as amended by section 3.
    (b) Provisions.--The regulations promulgated pursuant to subsection
(a) shall include--
            (1) a comprehensive list of the ancillary facilities
        determined by the Secretary to be necessary, appropriate,
        desirable, and useful to the business of the provision of
        prearranged ground transportation service;
            (2) a schedule of suggested fees that--
                    (A) may be charged for such ancillary facilities by
                any transportation terminal operator to a provider of
                prearranged ground transportation service for the
                availability of the ancillary facility; and
                    (B) are determined by the Secretary to be
                reasonable in relation to the costs of operating the
                ancillary facility;
            (3) a requirement that any fee proposed by a transportation
        terminal operator for the availability of an ancillary facility
        may not be greater than the fee for such ancillary facility
        provided in the schedule described in paragraph (2), unless the
        fee is approved in advance by the Secretary after a public
        hearing and determination that the proposed fee and the amount
        of the fee for the availability of such ancillary facility at
        such transportation terminal--
                    (A) is reasonable in relation to the costs of
                operating the ancillary facility; and
                    (B) otherwise complies with section 14501(d) of
                title 49, United States Code; and
            (4) such other provisions as the Secretary determines to be
        necessary or appropriate to carry out such section 14501(d) in
        a manner that prevents the imposition by a transportation
        terminal operator of--
                    (A) fees to be paid by or with respect to a motor
                vehicle that is providing prearranged ground
                transportation service; or
                    (B) any other discriminatory or punitive action or
                measure against, or with respect to, a motor vehicle
                that is providing prearranged ground transportation
                service.

Output:
Prevention of Unreasonable Fees Act - Prohibits an operator of a transportation terminal that uses federal funds for terminal construction, or for the purchase or lease of equipment installed there, from charging a fee to a provider of pre-arranged ground transportation service that meets state vehicle and intrastate passenger licensing requirements. Exempts from such prohibition: (1) fees charged to the general public for access to, or use of, the terminal; (2) any fee for the availability of ancillary facilities located there; or (3) any fee for such access or use that the Secretary has approved in advance as reasonable, nonburdensome, nondiscriminatory, and necessary to the provision of prearranged ground transportation service.

Declares that nothing in this Act shall be construed to: (1) prohibit or restrict a transportation terminal operator from requiring vehicles that cannot safely use public parking facilities to use segregated facilities provided the fee for segregated facilities is no more than that charged to the public for similar facilities; or (2) restrict the right of a state or its political subdivisions to require a license or fee (other than a prohibited transportation terminal fee) for a motor vehicle providing certain other prearranged ground transportation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farm Disaster Emergency Assistance
Act of 2003''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Due in large part to weather-related disasters in 2001
        and 2002, increases in commodity prices will result in cost
        savings under title I of the Farm Security and Rural Investment
        Act of 2002 (7 U.S.C. 7901 et seq.) of approximately
        $5,600,000,000 in fiscal year 2003.
            (2) The amount of funds made available by this Act to
        compensate producers adversely impacted by weather-related
        disasters that occurred in 2001 and 2002, together with actual
        expenditures under title I of the Farm Security and Rural
        Investment Act of 2002, will still be less than the amount
        allocated for agriculture in the budget baseline for fiscal
        year 2002.

SEC. 3. CROP DISASTER ASSISTANCE.

    (a) Assistance Available.--The Secretary of Agriculture (in this
Act referred to as the ``Secretary'') shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make
emergency financial assistance available to producers on a farm that
have incurred qualifying losses for the 2001 or 2002 crop of an
agricultural commodity due to damaging weather or related condition, as
determined by the Secretary.
    (b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (as enacted into law by
Public Law 106-387; 114 Stat. 1549A-55), including using the same loss
thresholds for quantity and quality losses as were used in
administering that section.
    (c) Election of Crop Year.--If a producer incurred qualifying crop
losses in both the 2001 and 2002 crop years, the producer shall elect
to receive assistance under this section for losses incurred in either
the 2001 crop year or the 2002 crop year, but not both.
    (d) Payment Limitation.--
            (1) Limitation.--Assistance provided under this section to
        a producer for losses to a crop, together with the amounts
        specified in paragraph (2) applicable to the same crop, may not
        exceed what the value of the crop would have been in the
        absence of the losses, as estimated by the Secretary.
            (2) Other payments.--In applying the limitation in
        paragraph (1), the Secretary shall include the following:
                    (A) Any crop insurance payment or payment under
                section 196 of the Federal Agricultural Improvement and
                Reform Act of 1996 (7 U.S.C. 7333) that the producer
                receives for losses to the same crop.
                    (B) The value of the crop that was not lost (if
                any), as estimated by the Secretary.

SEC. 4. ASSISTANCE FOR LIVESTOCK PRODUCERS.

    (a) Assistance Available.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make
emergency financial assistance, as authorized in section 10104 of the
Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 7
U.S.C. 1472), available to livestock producers that have incurred
losses in a county that received an emergency designation by the
President or the Secretary in calendar year 2001 or 2002. The Secretary
may reserve a portion of the funds available to carry out this section
for the American Indian Livestock Feed Program.
    (b) Election of Disaster Years.--If a producer incurred livestock
losses in a county that received an emergency designation by the
President or Secretary in both calendar year 2001 and 2002, the
producer shall elect to receive assistance under this section for
losses incurred in either 2001 or 2002, but not both.
    (c) Relation to Other Payments.--Assistance provided under this
section to a producer for livestock losses shall be reduced (but not
below zero) by any amount received by the producer for the same losses
under the livestock loss compensation program announced by the
Secretary on September 19, 2002.
    (d) Adjusted Gross Income Limitation.--The Secretary shall apply
the adjusted gross income limitation under section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a) to the provision of assistance
under this section in lieu of any other income limitation that the
Secretary would otherwise apply to the provision of such assistance.

SEC. 5. INELIGIBILITY FOR PAYMENTS.

    (a) Definitions.--In this section:
            (1) Insurable commodity.--The term ``insurable commodity''
        means an agricultural commodity (excluding livestock) for which
        the producers on a farm are eligible to obtain a policy or plan
        of insurance under the Federal Crop Insurance Act (7 U.S.C.
        1501 et seq.).
            (2) Noninsurable commodity.--The term ``noninsurable
        commodity'' means an eligible crop for which the producers on a
        farm are eligible to obtain assistance under section 196 of the
        Federal Agriculture Improvement and Reform Act of 1996 (7
        U.S.C. 7333).
    (b) Ineligibility.--Except as provided in subsection (c), the
producers on a farm shall not be eligible for assistance under section
3 with respect to losses to an insurable commodity or noninsurable
commodity if the producers on the farm--
            (1) in the case of an insurable commodity, did not obtain a
        policy or plan of insurance for the insurable commodity under
        the Federal Crop Insurance Act for the crop incurring the
        losses; and
            (2) in the case of a noninsurable commodity, did not file
        the required paperwork, and pay the administrative fee by the
        applicable State filing deadline, for the noninsurable
        commodity under section 196 of the Federal Agriculture
        Improvement and Reform Act of 1996 for the crop incurring the
        losses.
    (c) Contract Waiver.--The Secretary may waive the application of
subsection (b) to the producers on a farm if the producers on the farm
enter into a contract with the Secretary under which the producers on
the farm agree--
            (1) in the case of an insurable commodity, to obtain a
        policy or plan of insurance under the Federal Crop Insurance
        Act for the insurable commodity for each of the next three
        crops that provides a level of coverage at least equal to the
        level available under catastrophic risk protection; and
            (2) in the case of a noninsurable commodity, to file the
        required paperwork, and pay the administrative fee by the
        applicable State filing deadline, for the noninsurable
        commodity for each of the next three crops under section 196 of
        the Federal Agriculture Improvement and Reform Act of 1996.
    (d) Effect of Violation.--On violation of a contract under
subsection (c) by a producer, the producer shall reimburse the
Secretary for the full amount of the assistance provided to the
producer under section 3. In the case of an insurable commodity, the
Secretary shall also impose a civil money penalty for the violation in
an amount equal to the producer-cost of a 65/100 crop insurance policy
on each crop for which the producer agreed to purchase crop insurance,
but did not, in the three-year period.

SEC. 6. REPLENISHMENT OF SECTION 32 FUNDS.

    The Secretary shall transfer $250,000,000 of funds of the Commodity
Credit Corporation to the account available to the Secretary under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c).

SEC. 7. COMMODITY CREDIT CORPORATION.

     The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act.

SEC. 8. REGULATIONS.

    (a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act.
    (b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
            (1) the notice and comment provisions of section 553 of
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to
        notices of proposed rulemaking and public participation in
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.

Output: Farm Disaster Emergency Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2001 or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program.Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions.Directs the Secretary to transfer specified Commodity Credit Corporation amounts to a certain account established to encourage domestic consumption and foreign exportation of agricultural commodities.