Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Central Intelligence Agency
Voluntary Separation Incentive Act''.

SEC. 2. VOLUNTARY SEPARATION INCENTIVE PROGRAM.

    (a) Program Authority.--The Director of Central Intelligence may in
the Director's discretion establish and administer a program under
which the Director may pay, subject to the availability of
appropriations, a financial incentive to employees of the Central
Intelligence Agency referred to in subsection (b) for voluntarily
separating, by retirement or resignation, from employment by the
Central Intelligence Agency.
    (b) Applicability of Program.--The Director may apply a program
established under subsection (a) to any or all of the employees of the
Central Intelligence Agency who--
            (1) serve under an appointment without a time limitation;
            (2) have been employed by the Central Intelligence Agency
        for not less than 12 months;
            (3) meet such requirements as the Director of Central
        Intelligence may prescribe, which may include requirements
        relating to--
                    (A) years of service;
                    (B) skills; and
                    (C) level of pay;
            (4) are not reemployed annuitants under a retirement system
        for employees of the Federal Government; and
            (5) are not employees eligible for disability retirement
        under a retirement system for employees of the Federal
        Government.
    (c) Additional Eligible Employees.--
            (1) Authority.--The Director of Central Intelligence may,
        on a case-by-case basis, apply the program under subsection (a)
        to an employee of the Central Intelligence Agency not eligible
        under subsection (b) if the Director determines that doing so
        is necessary or advisable in the interests of the United
        States.
            (2) Authority not delegable.--The authority under paragraph
        (1) may not be delegated.
            (3) Report on use of authority.--The Director of Central
        Intelligence shall report each instance of the exercise of the
        authority under paragraph (1) to the Select Committee on
        Intelligence of the Senate and the Permanent Select Committee
        on Intelligence of the House of Representatives.
    (d) Cap on Incentive Amount.--The total amount paid by the Central
Intelligence Agency to an employee pursuant to subsection (a) may not
exceed the lesser of--
            (1) the minimum amount that is determined, from time to
        time, by the Director of Central Intelligence as--
                    (A) necessary to result in the desired number of
                voluntary separations; and
                    (B) appropriate; or
            (2) $25,000.
    (e) Termination of Service or Reimbursement Obligations.--
            (1) Authority.--In the case of an employee who is obligated
        under an agreement between the employee and the Central
        Intelligence Agency to render service to the Central
        Intelligence Agency or to reimburse the United States for not
        so serving, the Director of Central Intelligence may terminate
        the employee's obligation under that agreement in connection
        with the separation of the employee from employment and the
        payment of a financial incentive to the employee under a
        program established pursuant to subsection (a).
            (2) Agreements covered.--Agreements referred to in
        paragraph (1) include any agreement entered into pursuant to
        section 506 of the Intelligence Authorization Act for Fiscal
        Year 1987 (50 U.S.C. 403j note).
    (f) Cost Neutrality or Savings.--The Director of Central
Intelligence shall ensure that the total cost of incentives paid to
employees under a program established pursuant to subsection (a) during
the period beginning on the date of the enactment of this Act and
ending on September 30, 1998, does not exceed the total cost that the
Central Intelligence Agency would have incurred for the pay and other
personnel benefits for such employees if they had remained employees of
the Central Intelligence Agency for that period.
    (g) Relationship to Other Government Benefits.--The amount paid to
a person pursuant to subsection (a) may not--
            (1) be the basis for payment of, and may not be included in
        the computation of, any other monetary benefit payable with
        respect to that person by the Federal Government; and
            (2) be taken into account for purposes of determining the
        amount of any severance pay to which such person is entitled
        under any other provision of law based on any other separation
        from employment by the Federal Government.
    (h) Termination of Authority.--No financial incentive amount may be
paid under the authority of this section in connection with any
voluntary separation occurring after September 30, 1998.
    (i) Regulations.--The Director of Central Intelligence shall
prescribe such regulations as may be necessary to carry out this
section.

Output: Central Intelligence Agency Voluntary Separation Incentive Act - Authorizes the Director of Central Intelligence to establish a program to encourage voluntary separations, by retirement or resignation, from Central Intelligence Agency employment.


Input:
SECTION 1. TARIFF TREATMENT OF CERTAIN SILVER AND GOLD BARS.

    (a) In General.--Subchapter II of chapter 71 of the Harmonized
Tariff Schedule of the United States is amended--
            (1) by striking subheading 7106.92.00 and inserting in
        numerical sequence the following new subheadings and superior
        text thereto, with such text having the same degree of
        indentation as subheading 7106.91:

``       7106.92              Semimanufacture
                               d:
         7106.92.10            In bar or bar-
                                like shape,
                                having a
                                purity of
                                99.5 percent
                                or higher and
                                not otherwise
                                marked or
                                decorated
                                than with
                                weight,
                                purity or
                                other
                                identifying
                                information..  Free                                      Free
         7106.92.50            Other:........  4.8%                 Free (A, CA, E, IL,
                                                                     J, MX)              65%
                                                                                ''
                                                                                ;

            (2) by striking subheading 7108.13.50 and inserting in
        numerical sequence the following new subheadings and superior
        text thereto, with such text having the same degree of
        indentation as subheading 7108.13.10:

``      7108.13.55            Other:
                               In bar or bar-
                                like shape,
                                having a
                                purity of
                                99.5 percent
                                or higher
                                and not
                                otherwise
                                marked or
                                decorated
                                than with
                                weight,
                                purity or
                                other
                                identifying
                                information.  Free                                      Free
        7108.13.70             Other........  6.6%                 Free (CA, E, IL, J,
                                                                    MX)                 65%                  '';
                                                                                and

            (3) by striking subheadings 7115.90.10 through 7115.90.50
        and inserting in numerical sequence the following new
        subheadings and superior text, with the article description for
        subheading 7115.90.15 having the same degree of indentation as
        the article description of subheading 7116.10.10:

``       7115.90.15           Gold, not clad
                               with precious
                               metal, in bar
                               or bar-like
                               shape, having
                               a purity of
                               99.5 percent
                               or higher and
                               not otherwise
                               marked or
                               decorated than
                               with weight,
                               purity or
                               other
                               identifying
                               information...  Free                                      Free
         7115.90.25           Silver, not
                               clad with
                               precious
                               metal, in bar
                               or bar-like
                               shape, having
                               a purity of
                               99.5 percent
                               or higher and
                               not otherwise
                               marked or
                               decorated than
                               with weight,
                               purity or
                               other
                               identifying
                               information...  Free                                      Free
                              Other:
         7115.90.30            Of gold,
                                including
                                metal clad
                                with gold....  6.2%                 Free (A, CA, E, IL,
                                                                     J, MX)              110%
         7115.90.40            Of silver,
                                including
                                metal clad
                                with silver..  4.8%                 Free (A, CA, E, IL,
                                                                     J, MX)              65%
         7115.90.60            Other.........  6.4%                 Free (A, CA, E, IL,
                                                                     J, MX)              65%
                                                                                ''

    (b) Staged Rate Reductions.--Any staged rate reduction that was
proclaimed by the President before the date of the enactment of this
Act to take effect on or after the date of the enactment of this Act--
            (1) of a rate of duty set forth in subheading 7106.92.00 of
        the Harmonized Tariff Schedule of the United States shall apply
        to the corresponding rate of duty in subheading 7106.92.50 of
        such Schedule (as added by subsection (a)(1));
            (2) of a rate of duty set forth in subheading 7108.13.50
        shall apply to the corresponding rate of duty in subheading
        7108.13.70 of such Schedule (as added by subsection (a)(2));
            (3) of a rate of duty set forth in subheading 7115.90.10
        shall apply to the corresponding rate of duty in subheading
        7115.90.30 of such Schedule (as added by subsection (a)(3));
            (4) of a rate of duty set forth in subheading 7115.90.20
        shall apply to the corresponding rate of duty in subheading
        7115.90.40 of such Schedule (as added by subsection (a)(3));
        and
            (5) of a rate of duty set forth in subheading 7115.90.50
        shall apply to the corresponding rate of duty in subheading
        7115.90.60 of such Schedule (as added by subsection (a)(3)).
    (c) Effective Date.--The amendments made by this section shall
apply with respect to goods that are entered, or withdrawn from
warehouse for consumption, on or after the date that is 15 days after
the date of enactment of this Act.

SEC. 2. CERTAIN COINS AND BULLION NOT TREATED AS COLLECTIBLES.

    (a) In General.--Paragraph (3) of section 408(m) of the Internal
Revenue Code of 1986 (relating to exception for certain coins) is
amended to read as follows:
            ``(3) Exception for certain coins and bullion.--For
        purposes of this subsection, the term `collectible' shall not
        include--
                    ``(A) any coin certified by a recognized grading
                service and traded on a nationally recognized
                electronic network, or listed by a recognized wholesale
                reporting service, and--
                            ``(i) which is or was at any time legal
                        tender in the country of issuance, or
                            ``(ii) issued under the laws of any State,
                        and
                    ``(B) any gold, silver, platinum, or palladium
                bullion (whether fabricated in the form of a coin or
                otherwise) of a fineness equal to or exceeding the
                minimum fineness required for metals which may be
                delivered in satisfaction of a regulated futures
                contract (as defined in section 1256(g)(1)) traded on a
                contract market designated by the Commodity Futures
                Trading Commission under the Commodity Exchange Act,
        if such coin or bullion is in the physical possession of a
        trustee described under subsection (a) of this section.''
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1995.

Output:
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment of certain imported silver and gold bars.
Amends the Internal Revenue Code to exclude certain bullion (currently, coins only) from treatment as a collectible subject to tax as a distribution from an individual retirement account.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electric Consumer Choice Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the opportunity for all consumers to purchase electric
        energy in interstate commerce from the supplier of choice is
        essential to a dynamic, fully integrated and competitive
        national market for electric energy;
            (2) the establishment, maintenance or enforcement of
        exclusive rights to sell electric energy and other State action
        which unduly discriminates against any consumer who seeks to
        purchase electric energy in interstate commerce from the
        supplier of its choice constitutes an unwarranted and
        unacceptable discrimination against and burden on interstate
        commerce;
            (3) in today's technologically driven marketplace there is
        no justification for the discrimination against and burden
        imposed on interstate commerce by exclusive rights to sell
        electric energy or other State action which unduly
        discriminates against any consumer who seeks to purchase
        electric energy in interstate commerce from the supplier of its
        choice; and
            (4) the electric energy transmission and local distribution
        facilities of all of the Nation's utilities are essential
        facilities for the conduct of a competitive interstate retail
        market in electric energy in which all consumers have the
        opportunity to purchase electric energy in interstate commerce
        from the supplier of their choice.

SEC. 3. DECLARATION OF PURPOSE.

    The purpose of this act is to ensure that nothing in the Federal
Power Act or any other Federal law exempts or protects from Article I,
Section 8, Clause 3 of the Constitution of the United States exclusive
rights to sell electric energy or any other State actions which unduly
discriminate against any consumer who seeks to purchase electric energy
in interstate commerce from the supplier of its choice.

SEC. 4. SCOPE OF STATE AUTHORITY UNDER THE FEDERAL POWER ACT.

    Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by
adding at the end the following--
    ``(h) Notwithstanding any other provision of this section, nothing
in this Part or any other federal law shall be construed to authorize a
State to--
            ``(1) establish, maintain, or enforce on behalf of any
        electric utility an exclusive right to sell electric energy;
        or,
            ``(2) otherwise unduly discriminate against any consumer
        who seeks to purchase electric energy in interstate commerce
        from any supplier.''.

SEC. 5. ACCESS TO TRANSMISSION AND LOCAL DISTRIBUTION FACILITIES.

    No supplier of electric energy, who would otherwise have a right of
access to a transmission or local distribution facility because such
facility is an essential facility for the conduct of interstate
commerce in electric energy, shall be denied access to such facility or
precluded from engaging in the retail sale of electric energy on the
grounds that such denial or preclusion is authorized or required by
State action establishing, maintaining, or enforcing an exclusive right
to sell, transmit, or locally distribute electric energy.

SEC. 6. STATE AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS.

    Part II of the Federal Power Act (16 U.S.C. 824) is amended by
adding at the end the following:

``SEC. 215. STATE AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS.

    ``A State or state commission may prohibit an electric utility from
selling electric energy to an ultimate consumer in such State if such
electric utility or any of its affiliates owns or controls transmission
or local distribution facilities and is not itself providing unbundled
local distribution service in a State in which such electric utility
owns or operates a facility used for the generation of electric
energy.''.

SEC. 7. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935.

    The Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et
seq.) is repealed, effective on and after the enactment of this Act.

SEC. 8. PROSPECTIVE REPEAL OF SECTION 210 OF THE PUBLIC UTILITY
              REGULATORY POLICIES ACT OF 1978.

    (a) New Contracts.--No electric utility shall be required to enter
into a new contract or obligation to purchase or to sell electricity or
capacity under section 210 of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 824a-3).
    (b) Existing Rights and Remedies.--Nothing in this section affects
the rights or remedies of any party with respect to the purchase or
sale of electricity or capacity from or to a facility determined to be
a qualifying small power production facility or a qualifying
cogeneration facility under section 210 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) under any contract
or obligation to purchase or to sell electricity or capacity in effect
on the date of enactment of this Act, including the right to recover
the costs of purchasing the electricity or capacity.

SEC. 9. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to--
            (1) authorize the Federal Energy Regulatory Commission to
        regulate retail sales or local distribution of electric energy
        or otherwise expand the jurisdiction of the Commission, or,
            (2) limit the authority of a State to regulate retail sales
        and local distribution of electric energy in a manner
        consistent with article I, section 8, clause 3 of the
        Constitution of the United States.

SEC. 10. EFFECTIVE DATES.

    Section 5 and the amendment made by section 4 of this Act take
effect on January 1, 2002. The amendment made by section 6 of this Act
takes effect on the date of enactment of this Act.

Output:
Declares that no supplier of electric energy, who would otherwise have a right of access to a transmission or local distribution facility because such facility is essential for the conduct of interstate commerce in electric energy, shall be denied access to transmission or local distribution facilities or precluded from engaging in electric energy retail sales on the grounds that such denial or preclusion is authorized by State action establishing, maintaining, or enforcing an exclusive right to sell, transmit, or locally distribute electric energy.
Authorizes a State or State commission to prohibit an electric utility from selling electric energy to an ultimate consumer in such State if the utility (or any affiliate) owns or controls transmission or local distribution facilities and is not itself providing unbundled local distribution service in a State in which it owns or operates an electricity-generating facility.
Repeals the Public Utility Holding Company Act of 1935.
Declares that no electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under the Public Utility Regulatory Policies Act of 1978.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Intermediary Lending
Pilot Program Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Small and emerging businesses, particularly startups
        and businesses that lack sufficient or conventional collateral,
        continue to face barriers accessing midsized loans in amounts
        between $35,000 and $200,000, with affordable terms and
        conditions.
            (2) Consolidation in the banking industry has resulted in a
        decrease in the number of small, locally controlled banks with
        not more than $100,000,000 in assets and has changed the method
        by which banks make small business credit decisions with--
                    (A) credit scoring techniques replacing
                relationship-based lending, which often works to the
                disadvantage of small or startup businesses that do not
                conform with a bank's standardized credit formulas; and
                    (B) less flexible terms and conditions, which are
                often necessary for small and emerging businesses.
            (3) In the environment described in paragraphs (1) and (2),
        nonprofit intermediary lenders, including community development
        corporations, provide financial resources that supplement the
        small business lending and investments of a bank by--
                    (A) providing riskier, up front, or subordinated
                capital;
                    (B) offering flexible terms and underwriting
                procedures; and
                    (C) providing technical assistance to businesses in
                order to reduce the transaction costs and risk exposure
                of banks.
            (4) Several Federal programs, including the Microloan
        Program under section 7(m) of the Small Business Act (15 U.S.C.
        636(m)) and the Intermediary Relending Program of the
        Department of Agriculture, have demonstrated the effectiveness
        of working through nonprofit intermediaries to address the
        needs of small business concerns that are unable to access
        capital through conventional sources.
            (5) More than 1,000 nonprofit intermediary lenders in the
        United States are--
                    (A) successfully providing financial and technical
                assistance to small and emerging businesses;
                    (B) working with banks and other lenders to
                leverage additional capital for their business
                borrowers; and
                    (C) creating employment opportunities for low
                income individuals through their lending and business
                development activities.

SEC. 3. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM.

    (a) In General.--Section 7 of the Small Business Act (15 U.S.C.
636) is amended by inserting after subsection (k) the following:
    ``(l) Small Business Intermediary Lending Program.--
            ``(1) Definitions.--For purposes of this subsection--
                    ``(A) the term `intermediary' means a private,
                nonprofit entity that seeks to borrow, or has borrowed,
                funds from the Administration to provide midsize loans
                to small business concerns under this subsection,
                including--
                            ``(i) a private, nonprofit community
                        development corporation;
                            ``(ii) a consortium of private, nonprofit
                        organizations or nonprofit community
                        development corporations;
                            ``(iii) a quasi-governmental economic
                        development entity (such as a planning and
                        development district), other than a State,
                        county, or municipal government; and
                            ``(iv) an agency of or nonprofit entity
                        established by a Native American Tribal
                        Government; and
                    ``(B) the term `midsize loan' means a fixed rate
                loan of not less than $35,000 and not more than
                $200,000, made by an intermediary to a startup, newly
                established, or growing small business concern.
            ``(2) Establishment.--There is established a 3-year small
        business intermediary lending pilot program (referred to in
        this section as the `Program'), under which the Administration
        may provide direct loans to eligible intermediaries, for the
        purpose of making fixed interest rate midsize loans to startup,
        newly established, and growing small business concerns.
            ``(3) Purposes.--The purposes of the small business
        intermediary lender pilot program are--
                    ``(A) to assist small business concerns in those
                areas suffering from a lack of credit due to poor
                economic conditions;
                    ``(B) to create employment opportunities for low
                income individuals;
                    ``(C) to establish a midsize loan program to be
                administered by the Administration to provide loans to
                eligible intermediaries to enable such intermediaries
                to provide small scale loans, particularly loans in
                amounts averaging not more than $150,000, to startup,
                newly established, or growing small business concerns
                for working capital or the acquisition of materials,
                supplies, or equipment;
                    ``(D) to test the effectiveness of nonprofit
                intermediaries--
                            ``(i) as a delivery system for a midsize
                        loan program; and
                            ``(ii) in addressing the credit needs of
                        small businesses and leveraging other sources
                        of credit; and
                    ``(E) to determine the advisability and feasibility
                of implementing a midsize loan program nationwide.
            ``(4) Eligibility for participation.--An intermediary shall
        be eligible to receive loans under the Program if the
        intermediary has at least 1 year of experience making loans to
        startup, newly established, or growing small business concerns.
            ``(5) Loans to intermediaries.--
                    ``(A) Application.--Each intermediary desiring a
                loan under this subsection shall submit an application
                to the Administration that describes--
                            ``(i) the type of small business concerns
                        to be assisted;
                            ``(ii) the size and range of loans to be
                        made;
                            ``(iii) the geographic area to be served
                        and its economic, poverty, and unemployment
                        characteristics;
                            ``(iv) the status of small business
                        concerns in the area to be served and an
                        analysis of the availability of credit; and
                            ``(v) the qualifications of the applicant
                        to carry out this subsection.
                    ``(B) Loan limits.--Notwithstanding subsection
                (a)(3), no loan may be made to an intermediary under
                this subsection if the total amount outstanding and
                committed to the intermediary from the business loan
                and investment fund established by this Act would, as a
                result of such loan, exceed $1,000,000 during the
                participation of the intermediary in the Program.
                    ``(C) Loan duration.--Loans made by the
                Administration under this subsection shall be for a
                maximum term of 20 years.
                    ``(D) Applicable interest rates.--Loans made by the
                Administration to an intermediary under the Program
                shall bear an annual interest rate equal to 1.00
                percent.
                    ``(E) Fees; collateral.--The Administration may not
                charge any fees or require collateral with respect to
                any loan made to an intermediary under this subsection.
                    ``(F) Leverage.--Any loan to a small business
                concern under this subsection shall not exceed 75
                percent of the total cost of the project funded by such
                loan, with the remaining funds being leveraged from
                other sources, including--
                            ``(i) banks or credit unions;
                            ``(ii) community development financial
                        institutions; and
                            ``(iii) other sources with funds available
                        to the intermediary lender.
                    ``(G) Delayed payments.--The Administration shall
                not require the repayment of principal or interest on a
                loan made to an intermediary under the Program during
                the first 2 years of the loan.
            ``(6) Program funding for midsize loans.--
                    ``(A) Number of participants.--Under the Program,
                the Administration may provide loans, on a competitive
                basis, to not more than 20 intermediaries.
                    ``(B) Equitable distribution of intermediaries.--
                The Administration shall select and provide funding
                under the Program to such intermediaries as will ensure
                geographic diversity and representation of urban and
                rural communities.
            ``(7) Report to congress.--
                    ``(A) Initial report.--Not later than 30 months
                after the date of enactment of the Small Business
                Intermediary Lending Pilot Program Act of 2005, the
                Administration shall submit a report containing an
                evaluation of the effectiveness of the Program to--
                            ``(i) the Committee on Small Business and
                        Entrepreneurship of the Senate; and
                            ``(ii) the Committee on Small Business of
                        the House of Representatives.
                    ``(B) Annual report.--Not later than 12 months
                after the date of enactment of the Small Business
                Intermediary Lending Pilot Program Act of 2005, and
                annually thereafter, the Administration shall submit a
                report containing an evaluation of the effectiveness of
                the Program to the Committees described in subparagraph
                (A).
                    ``(C) Contents.--The reports submitted under
                subparagraphs (A) and (B) shall include--
                            ``(i) the numbers and locations of the
                        intermediaries receiving funds to provide
                        midsize loans;
                            ``(ii) the amounts of each loan to an
                        intermediary;
                            ``(iii) the numbers and amounts of midsize
                        loans made by intermediaries to small business
                        concerns;
                            ``(iv) the repayment history of each
                        intermediary;
                            ``(v) a description of the loan portfolio
                        of each intermediary, including the extent to
                        which it provides midsize loans to small
                        business concerns in rural and economically
                        depressed areas;
                            ``(vi) an estimate of the number of low
                        income individuals who have been employed as a
                        direct result of the Program; and
                            ``(vii) any recommendations for legislative
                        changes that would improve the operation of the
                        Program.''.
    (b) Rulemaking Authority.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall issue regulations to
carry out the amendment made by section 7(l) of the Small Business Act,
as added by subsection (a).
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to
        the Small Business Administration such sums as may be necessary
        for each of the fiscal years 2006 through 2008 to provide
        $20,000,000 in loans under section 7(l) of the Small Business
        Act, as added by subsection (a).
            (2) Availability.--Any amounts appropriated pursuant to
        paragraph (1) shall remain available until expended.

Output: Small Business Intermediary Lending Pilot Program Act of 2005 - Establishes a three-year small business intermediary lending pilot program under which the Small Business Administration (SBA) may make direct loans to eligible nonprofit lending intermediaries for the purpose of making fixed interest rate and mid-size loans ($35,000 to $200,000) to startup, newly-established, and growing small businesses. Authorizes the SBA, under the program, to make one percent, 20-year loans of up to $1 million, on a competitive basis, to up to 20 nonprofit lending intermediaries. Requires geographic diversity and representation of urban and rural communities under the program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``San Francisco Bay Shipping and
Fisheries Enhancement Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) San Francisco Bay is a vital environmental, industrial,
        and recreational resource to the San Francisco Bay area and to
        the Nation.
            (2) Over 800 tank vessels enter San Francisco Bay each
        year, carrying hundreds of millions of gallons of oil and other
        hazardous substances.
            (3) The small oil spill of October 28, 1996, showed that
        current safeguards against oil pollution are inadequate, and
        that even small oil spills in San Francisco Bay are both costly
        to mitigate and harmful to the environment, including fish,
        mammals, and birds.
            (4) Because of the bathymetry of San Francisco Bay, the
        Coast Guard has been unable to make needed improvements in the
        routing of tankers and other deep draft vessels.
            (5) The presence of multiple underwater hazards less than
        40 feet below the surface and in close proximity to shipping
        lanes, combined with increased traffic of tankers with drafts
        in excess of 45 feet, significantly increase the likelihood of
        collisions that would result in the release of substantial
        amounts of oil or other hazardous substances, severely damaging
        both the economy and the environment of the San Francisco Bay
        area.
            (6) Removing hazards to navigation to allow greater
        separation of vessels carrying oil or other hazardous
        substances is a simple and economical step that can be taken to
        reduce substantially the risk of oil pollution, improve the
        safety of navigation, and reduce threats to the fish, wildlife,
        and environment of San Francisco Bay.

SEC. 3. NAVIGATIONAL IMPROVEMENTS.

    (a) In General.--The Secretary of the Army shall develop and carry
out in accordance with this section a navigation project in San
Francisco Bay, California, to remove underwater hazards to navigation
in the vicinity of Alcatraz Island.
    (b) Rerouting of Vessel Traffic.--The Secretary shall design the
navigation project under this section to facilitate the rerouting of
vessel traffic in San Francisco Bay to minimize the risk of an oil or
hazardous substance spill resulting from collisions between vessels or
with an underwater hazard.
    (c) Minimization of Impact.--In developing and carrying out the
navigation project under this section, the Secretary shall minimize, to
the maximum extent practicable, impacts on the environment and on
commercial and recreational fisheries.
    (d) Plan.--
            (1) General requirement.--In consultation with appropriate
        Federal, State, and local government agencies and in accordance
        with applicable Federal and State environmental laws, the
        Secretary shall develop a plan for implementation of the
        navigation project under this section.
            (2) Contents.--The plan shall include initial design and
        engineering, underwater hazard removal, and, if needed,
        environmental mitigation.
            (3) Target dates.--
                    (A) Feasibility study.--The first phase of the plan
                shall be completed within 1 year of the date of the
                enactment of this Act and shall consist of a
                feasibility study for the project described in
                subsection (a). The feasibility study shall include
                scoping, development of alternative designs for the
                project, cost/benefit analysis, and selection of final
                project design. In conducting the cost/benefit analysis
                and selecting a final project design, the Secretary
                shall consider the economic and environmental benefits
                of oil spill aversion reasonably to be expected from
                the completion of the project.
                    (B) Implementation.--The second phase of the plan
                shall be completed not later than 3 years after the
                date of the enactment of this Act and shall consist of
                underwater hazard removal, transportation, and disposal
                of the removed material in accordance with the final
                project design.
                    (C) Mitigation and monitoring.--The final phase of
                the plan shall consist of any mitigation needed due to
                environmental impacts, and environmental monitoring of
                removal, disposal, and mitigation sites (if different
                from the disposal site or sites), shall commence as
                soon as is practicable after the completion of the
                implementation phase, and shall continue for not less
                than 5 years thereafter.
    (e) Non-Federal Participation.--The non-Federal share of the cost
of developing and carrying out the project under this section shall be
25 percent.
    (f) Reports to Congress.--Not later than the last day of each of
the time periods referred to in subsection (d)(3), the Secretary shall
report to Congress on the progress being made toward development and
implementation of the project under this section.

SEC. 4. MODIFICATION OF NAVIGATION LANES.

    The Commandant of the Coast Guard shall modify navigation lanes and
reroute vessel traffic after the completion of the second phase of the
navigation project required by section 3 to improve the safety and
efficiency of vessel traffic in San Francisco Bay, California. In
carrying out this section, the Commandant shall develop a vessel
routing program that minimizes the risk of an oil or hazardous
substance spill in San Francisco Bay.

SEC. 5. OIL SPILL RISK ASSESSMENT.

    (a) Survey.--In consultation with the Federal Maritime
Administration, the Commandant of the Coast Guard shall survey vessels
owned by, or operated under contract for, the Federal Maritime
Administration for risks for oil spills or other hazards to human
health or the environment.
    (b) Standards and Procedures.--In surveying vessels under this
section, the Commandant shall use the same standards and procedures as
are used in inspecting similarly situated private vessels.
    (c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commandant shall submit to Congress and the
Administrator of the Federal Maritime Administration a report
describing any oil spill risks determined in the survey conducted under
this section and making recommendations for corrective actions for such
risks, including estimates of the costs of those actions.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    For fiscal years beginning after September 30, 1997, there are
authorized to be appropriated to the Secretary of the Army and the
Commandant of the Coast Guard such sums as may be necessary to carry
out their respective duties under this Act. Such sums shall remain
available until expended.

Output: San Francisco Bay Shipping and Fisheries Enhancement Act of 1997 - Requires:  (1) a navigation project in San Francisco Bay, California, to remove underwater hazards to navigation near Alcatraz Island; (2) modification of navigation lanes and rerouting of vessel traffic to improve safety and efficiency; and (3) a survey of vessels owned by, or operated under contract for, the Maritime Administration for risks for oil spills or other hazards to human health or the environment.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free Burma Act of 1995''.

SEC. 2. SANCTIONS AGAINST BURMA.

    Except as provided in section 4, the following sanctions shall
apply to Burma, effective 90 days after the date of enactment of this
Act (or on such other date as is specified in this section):
            (1) Investments.--No United States national may make any
        investment in Burma.
            (2) United states assistance.--United States assistance for
        Burma is prohibited.
            (3) Trade privileges.--The President shall continue the
        suspension of special trade privileges pursuant to the
        Generalized System of Preferences (GSP), and shall continue the
        suspension of nondiscriminatory trade treatment (most-favored-
        nation status), with respect to Burma.
            (4) Importation of goods.--No article which is produced,
        manufactured, grown, or extracted in Burma may be imported into
        the United States.
            (5) Trade and investment treaties.--The United States
        should continue to suspend carrying out obligations under
        bilateral trade and investment treaties with Burma.
            (6) Travel restrictions.--The Secretary of State shall
        prohibit the use of United States passports for travel to Burma
        except for travel by United States diplomatic personnel.
            (7) Diplomatic representation.--The President is urged not
        to accept diplomatic representation from Burma at a level
        greater than the level of diplomatic representation accorded
        the United States in Burma.
            (8) Foreign assistance.--The United States shall suspend
        assistance under the Foreign Assistance Act of 1961 and the
        Arms Export Control Act to any foreign government which sells
        or otherwise transfers arms to the Government of Burma.
            (9) International organizations contributions.--The United
        States shall withhold from each international organization that
        funds activities in Burma other than humanitarian activities an
        amount equal to the United States proportionate share of that
        funding.
            (10) Multilateral assistance.--The Secretary of the
        Treasury shall instruct the United States executive director of
        each financial institution to vote against any loan or other
        utilization of the funds of the respective bank to or for
        Burma.
            (11) Eminent persons group.--The President, acting through
        the United States Permanent Representative to the United
        Nations, should urge the United Nations to establish an eminent
        persons group to report on compliance by the Government of
        Burma with United Nations resolutions.
            (12) International arms embargo.--The President, acting
        through the United States Permanent Representative to the
        United Nations, should urge the establishment by the United
        Nations of an international arms embargo of Burma.

SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA.

    (a) Negotiations With Trading Partners.--
            (1) In general.--Not later than 15 days after the date of
        the enactment of this Act, the President shall initiate
        negotiations with all foreign countries with which the United
        States trades for the purpose of entering into agreements with
        the countries--
                    (A) to support United States sanctions against
                Burma, and
                    (B) to cease trade with and investment in Burma.
            (2) Certification of negotiations and agreements.--Not
        later than 90 days after the date of the enactment of this Act,
        the President shall certify to the Congress each country that--
                    (A) has failed to enter into an agreement described
                in paragraph (1), or
                    (B) has entered into such an agreement but is not
                enforcing it.
            (3) Action by the president.--Notwithstanding any other
        provision of law, if a certification is made with respect to
        any country under paragraph (2) the President shall withdraw--
                    (A) any designation of such country--
                            (i) as a beneficiary developing country for
                        purposes of title V of the Trade Act of 1974
                        (19 U.S.C. 2461 et seq.),
                            (ii) as a beneficiary country for purposes
                        of the Caribbean Basin Economic Recovery Act
                        (19 U.S.C. 2701 et seq.), or
                            (iii) as a beneficiary country for purposes
                        of the Andean Trade Preference Act (19 U.S.C.
                        3201 et seq.),
                    (B) from such countries the benefits of any other
                special tariff treatment program under which the
                special rates of duty apply under column 1 of the
                Harmonized Tariff Schedule of the United States, and
                    (C) most-favored-nation trade treatment with
                respect to any such country.
    (b) Applicability.--
            (1) In general.--The provisions of this section apply to
        goods entered, or withdrawn from warehouse for consumption,
        originating in or imported from a country with respect to which
        an action described in subsection (a)(3) has been taken, during
        the period beginning on the date that is 15 days after the date
        of the certification described in subsection (a)(2) and ending
        on the date that is 15 days after the earlier of--
                    (A) the date the President certifies to the
                Congress that such country has entered into an
                agreement described in subsection (a)(1) and is
                enforcing the agreement, or
                    (B) the date a certification described in section 4
                is made.
            (2) Rate of duty during period designation is withdrawn.--
        During the period described in paragraph (1), goods entered, or
        withdrawn from warehouse for consumption, originating in or
        imported from a country described in subsection (a)(3) shall be
        subject to duty at the rates of duty specified for such goods
        under column 2 of the Harmonized Tariff Schedule of the United
        States.

SEC. 4. CERTIFICATION.

    The sanctions of section 2 shall not apply upon the determination
and certification by the President to the appropriate congressional
committees that the following conditions are met:
            (1) The Government of Burma has unconditionally released
        all political prisoners, including Aung San Suu Kyi.
            (2) The Government of Burma has fully implemented the
        results of the 1990 elections in Burma, including the transfer
        of power to civilian authority, the protection of basic human
        rights, and guaranteeing the right of Burmese citizens to
        participate freely in the political process, assuring freedom
        of speech and the right of association and assembly.
            (3) The Government of Burma has implemented an effective
        counternarcotics effort.

SEC. 5. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA.

    The Secretary of the Treasury shall instruct the United States
executive director of each multilateral financial institution to vote
against any loan or other utilization of the facilities of the
respective institution to or for the People's Republic of China until
the President determines and certifies to the appropriate congressional
committees that the People's Republic of China has terminated arms
sales and other arms transfers to Burma.
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.

    The President shall withhold all United States assistance to the
Government of Thailand until the President determines and certifies to
the appropriate congressional committees that the Government of
Thailand is fully cooperating in providing support and relief for
Burmese exiles and refugees.

SEC. 7. REPORT.

    Not later than 45 days after the date of enactment of this Act, the
President shall submit a report to the appropriate congressional
committees on--
            (1) the chemical and biological weapons capability of
        Burma;
            (2) a plan to provide United States assistance in support
        of the democracy movement active inside Burma;
            (3) the treatment by the Government of Thailand of Burmese
        students, refugees, and exiles resident in Thailand; and
            (4) the status of arms sales and other arms transfers to
        the Government of Burma, including the amount of expenditures
        by the Government of Burma in the acquisition of arms.

SEC. 8. DEFINITIONS.

    As used in this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Appropriations and the Committee on Foreign Relations of the
        Senate and the Committee on Appropriations and the Committee on
        International Relations of the House of Representatives.
            (2) Investment.--The term ``investment'' includes any
        contribution or commitment of funds, commodities, services,
        patents, processes, or techniques, in the form of--
                    (A) a loan or loans;
                    (B) the purchase of a share of ownership;
                    (C) participation in royalties, earnings, or
                profits; and
                    (D) the furnishing of commodities or services
                pursuant to a lease or other contract.
            (3) Humanitarian activities.--The term ``humanitarian
        activities'' means the provision of food, medicine, medical
        supplies, or clothing and does not include cash transfers.
            (4) Financial institutions.--The term ``financial
        institutions'' includes the International Bank for
        Reconstruction and Development, the International Development
        Association, the Asian Development Bank, and the International
        Monetary Fund.
            (5) United states assistance.--The term ``United States
        assistance'' means assistance of any kind which is provided by
        grant, sale, loan, lease, credit, guaranty, or insurance, or by
        any other means, by any agency or instrumentality of the United
        States Government to any foreign country, including--
                    (A) assistance under the Foreign Assistance Act of
                1961 (including programs under title IV of chapter 2 of
                part I of the Act);
                    (B) sales, credits, and guaranties under the Arms
                Export Control Act (22 U.S.C. 2751 et seq.);
                    (C) sales under title I (7 U.S.C.A. 1701 et seq.)
                or III (17 U.S.C.A. 1727 et seq.) and donations under
                title II (17 U.S.C.A. 1721 et seq.) of the Agricultural
                Trade Development and Assistance Act of 1954 of nonfood
                commodities;
                    (D) other financing programs of the Commodity
                Credit Corporation for export sales of nonfood
                commodities; and
                    (E) financing under the Export-Import Bank Act of
                1945 (12 U.S.C.A. 635 et seq.).

Output:
Free Burma Act of 1995 - Imposes specified sanctions against Burma, unless the President certifies to appropriate congressional committees that Burma has:  (1) unconditionally released all political prisoners, including Aung San Suu Kyi; (2) implemented the results of the 1990 elections, including the transfer of power to civilian authority and the protection of basic human rights; and (3) implemented an effective counternarcotics effort.
(Sec. 3)  Directs the President to initiate negotiations with foreign countries the United States trades with for the purpose of entering into agreements to:  (1) support U.S. sanctions against Burma; and (2) cease trade with and investment in Burma.
Directs the President, if he certifies to the Congress that a country has failed to enter into an agreement, or has entered into an agreement but is not enforcing it, to withdraw:  (1) any designation of such country as a beneficiary developing country or beneficiary country under specified Acts; (2) special duty rate status under column one of the Harmonized Tariff Schedule of the United States; and (3) most-favored-nation treatment status.
(Sec. 5) Requires the Secretary of the Treasury to instruct the U.S. executive director of each multilateral financial institution to vote against any loan for China until the President certifies to the appropriate congressional committees it has terminated arms sales and other arms transfers to Burma.
(Sec. 6) Directs the President to withhold all U.S. assistance to Thailand until he certifies to the appropriate congressional committees that it is cooperating in providing support and relief for Burmese exiles and refugees.
(Sec. 7) Requires the President to report to the appropriate congressional committees on:  (1) the chemical and biological weapons capability of Burma; (2) a plan to provide U.S. assistance in support of the democracy movement in Burma; (3) the treatment by Thailand of Burmese students, refugees, and exiles resident there; and (4) the status of arms sales and other arms transfers to Burma, including the amount of expenditures by it in the acquisition of arms.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Identity Theft Prevention Act of
2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the crime of identity theft has become one of the major
        law enforcement challenges of the new economy, as vast
        quantities of sensitive, personal information are now
        vulnerable to criminal interception and misuse;
            (2) the United States Postal Inspection Service estimates
        that 50,000 people a year have become victims of identity theft
        since the mid-1990's;
            (3) the United States Secret Service investigated identity
        theft losses to individuals and institutions of $745,000,000 in
        1997, a 75 percent increase over the $442,000,000 lost in 1995;
            (4) according to TransUnion Corporation, a national credit
        bureau, the total number of identity theft inquiries to its
        Fraud Victim Assistance Department grew from 35,235 in 1992 to
        522,922 in 1997;
            (5) an integral part of many identity crimes is the
        fraudulent acquisition of the social security number of an
        individual;
            (6) credit issuers, credit reporting agencies, and other
        organizations with access to sensitive personal data have an
        obligation to handle such information responsibly, and should
        take affirmative steps to prevent identity criminals from
        intercepting such information;
            (7) identity theft causes extraordinary damage to its
        victims, jeopardizing their access to needed credit and forcing
        many to spend years trying to restore their good name;
            (8) the resources available to identity theft victims are
        inadequate, and both the private sector and Federal agencies
        should provide better and more sympathetic assistance to such
        victims;
            (9) credit reporting agencies and credit issuers should
        have uniform reporting requirements and effective fraud alerts
        to assist identity theft victims in repairing and protecting
        their credit; and
            (10) consumers need greater access to information that is
        collected about them so they can quickly identify fraudulent
        activity.

SEC. 3. CHANGES OF ADDRESS.

    (a) Duty of Issuers of Credit.--Section 132 of the Truth in Lending
Act (15 U.S.C. 1642) is amended--
            (1) by inserting ``(a) In General.--'' before ``No
        credit''; and
            (2) by adding at the end the following:
    ``(b) Confirmation of Changes of Address.--
            ``(1) In general.--Not later than 10 days after receiving
        notification from a cardholder of a change of address, a card
        issuer shall send to the cardholder, both to the new address
        and to the former address thereof, written confirmation of that
        change of address.
            ``(2) Notification of request for additional cards.--If a
        card issuer receives a request for an additional credit card
        with respect to an existing credit account not later than 30
        days after receiving notification of a change of address for
        that account, the card issuer shall notify the cardholder of
        the request at both the new address and the former address.''.
    (b) Duty of Consumer Reporting Agencies.--Section 605 of the Fair
Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end
the following:
    ``(g) Notice of Potential Fraud.--A consumer reporting agency shall
notify each user of a consumer report that is a creditor (as defined in
section 103 of the Truth in Lending Act) if the agency becomes aware
that an application to the card issuer to open a new credit card
account bears an address for the consumer that is different from the
address in the file of the consumer.''.
    (c) Enforcement.--
            (1) Federal trade commission.--Except as provided in
        paragraph (2), compliance with section 132(b) of the Truth in
        Lending Act (as added by this section) shall be enforced by the
        Federal Trade Commission in the same manner and with the same
        power and authority as the Commission has under the Fair Debt
        Collection Practices Act to enforce compliance with that Act.
            (2) Other agencies in certain cases.--
                    (A) In general.--Compliance with section 132(b) of
                the Truth in Lending Act (as added by this section)
                shall be enforced under--
                            (i) section 8 of the Federal Deposit
                        Insurance Act, in the case of a card issuer
                        that is--
                                    (I) a national bank or a Federal
                                branch or Federal agency of a foreign
                                bank, by the Office of the Comptroller
                                of the Currency;
                                    (II) a member bank of the Federal
                                Reserve System (other than a national
                                bank), a branch or agency of a foreign
                                bank (other than a Federal branch,
                                Federal agency, or insured State branch
                                of a foreign bank), a commercial
                                lending company owned or controlled by
                                a foreign bank, or an organization
                                operating under section 25 or 25A of
                                the Federal Reserve Act, by the Board
of Governors of the Federal Reserve System;
                                    (III) a bank insured by the Federal
                                Deposit Insurance Corporation (other
                                than a member of the Federal Reserve
                                System or a national nonmember bank) or
                                an insured State branch of a foreign
                                bank, by the Board of Directors of the
                                Federal Deposit Insurance Corporation;
                                and
                                    (IV) a savings association, the
                                deposits of which are insured by the
                                Federal Deposit Insurance Corporation,
                                by the Director of the Office of Thrift
                                Supervision; and
                            (ii) the Federal Credit Union Act, by the
                        Administrator of the National Credit Union
                        Administration in the case of a card issuer
                        that is a Federal credit union, as defined in
                        that Act.
            (3) Violations treated as violations of other laws.--For
        the purpose of the exercise by any agency referred to in this
        subsection of its powers under any Act referred to in this
        subsection, a violation of section 132(b) of the Truth in
        Lending Act (as added by this section) shall be deemed to be a
        violation of a requirement imposed under that Act. In addition
        to its powers under any provision of law specifically referred
        to in paragraph (1) or (2), each of the agencies referred to in
        those paragraphs may exercise, for the purpose of enforcing
        compliance with section 132(b) of the Truth in Lending Act (as
        added by this section), any other authority conferred on such
        agency by law.

SEC. 4. FRAUD ALERTS.

    Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is
amended by adding at the end the following:
    ``(h) Fraud Alerts.--
            ``(1) In general.--Upon the request of a consumer, a
        consumer reporting agency shall include a fraud alert in the
        file of that consumer.
            ``(2) Notice to users.--A consumer reporting agency shall
        notify each person procuring consumer credit information with
        respect to a consumer of the existence of a fraud alert in the
        file of that consumer, regardless of whether a full credit
        report, credit score, or summary report is requested.
            ``(3) Penalties.--Any consumer reporting agency that fails
        to comply with this subsection, and any user of a consumer
        report that fails to comply with preauthorization procedures
        contained in a fraud alert and issues or extends credit in the
        name of the consumer to a person other than the consumer, shall
        be in violation of this section.
            ``(4) Definition.--In this subsection, the term `fraud
        alert' means a clear and conspicuous statement in the file of a
        consumer that notifies all prospective users of a consumer
        report made with respect to that consumer that the consumer
        does not authorize the issuance or extension of credit in the
        name of the consumer unless--
                    ``(A) the issuer of such credit first obtains
                verbal authorization from the consumer at a telephone
                number designated by the consumer; or
                    ``(B) the issuer complies with such other method of
                preauthorization by the consumer as is mutually agreed
                upon by the consumer and the consumer reporting
                agency.''.

SEC. 5. REGULATIONS ON DUTY TO INVESTIGATE.

    Not later than 6 months after the date of enactment of this Act,
the Federal Trade Commission shall promulgate regulations to require
each consumer reporting agency (as defined in section 603 of the Fair
Credit Reporting Act) to investigate discrepancies between personal or
identifying information contained in the file maintained by the agency
with respect to a consumer and in the personal and identifying
information supplied to the agency by the user of the consumer report.

SEC. 6. FREE REPORTS ANNUALLY.

    Section 612(c) of the Fair Credit Reporting Act (15 U.S.C.
1681j(c)) is amended to read as follows:
    ``(c) Free Annual Disclosure.--Upon the request of the consumer, a
consumer reporting agency shall make all disclosures pursuant to
section 609 once during any 12-month period without charge to the
consumer.''.

SEC. 7. IDENTIFYING INFORMATION.

    (a) Limitation.--The Fair Credit Reporting Act (15 U.S.C. 1601 et
seq.) is amended--
            (1) by redesignating section 624 (15 U.S.C. 1681t, as so
        designated by Public Law 104-208) as section 626 and moving
        that section to the end of the Act;
            (2) by redesignating section 624 (15 U.S.C. 1681u, as added
        by Public Law 104-93) as section 625; and
            (3) by inserting after section 623 the following:

``SEC. 624. OTHER IDENTIFYING INFORMATION.

    ``Except as provided in section 608, a consumer reporting agency
may furnish consumer identifying information, other than the name,
generational designation, and current address of the consumer, only in
a consumer report.''.
    (b) Disclosures to Governmental Agencies.--Section 608 of the Fair
Credit Reporting Act (15 U.S.C. 1681f) is amended by striking ``section
604'' and inserting ``sections 604 and 623''.
    (c) Permissible Purposes.--Section 604(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(a)) is amended in the matter preceding
paragraph (1) by inserting ``or any identifying information (other than
the name, generational designation, or current address of the
consumer)'' after ``a consumer report''.

SEC. 8. INDIVIDUAL REFERENCE SERVICES.

    (a) In General.--An individual reference services provider shall,
upon request and proper identification of a consumer--
            (1) clearly and accurately disclose to the consumer the
        nature, content, and substance of all information in the file
        maintained by the provider with respect to the consumer at the
        time of the request that is obtainable based upon the
        identifying information supplied by the consumer when making
        such request; and
            (2) if the consumer has made a written request, deliver a
        written copy or photocopy of all information described in
        paragraph (1), together with a clear, simple, and plain meaning
        explanation of the information provided under this subsection,
        in a readable format and type, which shall in no case be
        smaller than 10 point type.
    (b) Individual Reference Services Provider Defined.--
            (1) In general.--In this section, the term ``individual
        reference services provider''--
                    (A) means any person that, for monetary fees, dues,
                or on a cooperative nonprofit basis, regularly engages
                in the practice of creating, assembling, evaluating, or
                providing information, either directly or as a supplier
                to others, with respect to any person regarding any 2
                or more items of information described in paragraph
                (2); and
                    (B) does not include the Federal Government or any
                State government or political subdivision thereof.
            (2) Types of information.--The items of information
        described in this paragraph are--
                    (A) social security number or other social security
                information;
                    (B) mother's maiden name;
                    (C) prior address;
                    (D) birth date;
                    (E) criminal history;
                    (F) history of civil actions;
                    (G) driving records;
                    (H) vehicle information;
                    (I) past employment history;
                    (J) income level;
                    (K) tax records;
                    (L) history of voter registration; and
                    (M) other similar information, as determined by the
                Federal Trade Commission.

SEC. 9. EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY.

    (a) In General.--Section 1129(a) of the Social Security Act (42
U.S.C. 1320a-8(a)) is amended--
            (1) by striking ``(A)'', ``(B)'', and ``(C)'' and inserting
        ``(i)'', ``(ii)'', and ``(iii)'', respectively;
            (2) by striking ``(a)(1)'' and inserting ``(a)(1)(A)'';
            (3) by striking ``(2)'' and inserting ``(B)''; and
            (4) by adding at the end the following new paragraph:
    ``(2) Any person (including an organization, agency, or other
entity) who--
            ``(A) having received, while acting in the capacity as
        representative payee pursuant to section 205(j) or section
        1631(a)(2), a payment under title II or title XVI for the use
        and benefit of another individual, converts such payment, or
        any part thereof, to a use that such person knows or should
        know is other than for the use and benefit of such other
        individual; or
            ``(B) uses a social security account number that such
        person knows or should know has been assigned by the
        Commissioner of Social Security (pursuant to an exercise of
        authority under section 205(c)(2) to establish and maintain
        records) on the basis of false information furnished to the
        Commissioner of Social Security by any individual; or
            ``(C) falsely represents a number to be the social security
        account number assigned by the Commissioner of Social Security
        to any individual, when such person knows or should know that
        such number is not the social security account number
assigned by the Commissioner of Social Security to such individual; or
            ``(D) knowingly alters a social security card issued by the
        Commissioner of Social Security, or possesses such a card with
        intent to alter it; or
            ``(E) knowingly buys or sells a card that is, or purports
        to be, a card issued by the Commissioner of Social Security, or
        possesses such a card with intent to buy or sell it; or
            ``(f) counterfeits a social security card, or possesses a
        counterfeit card with intent to buy or sell it; or
            ``(G) discloses, uses, or compels the disclosure of the
        social security account number of any person in violation of
        the laws of the United States
shall be subject to, in addition to any other penalties that may be
prescribed by law, a civil money penalty of not more than $5,000 for
each such violation.''.
    (b) Conforming Amendments.--
            (1) Section 1129(b)(3)(A) of the Social Security Act (42
        U.S.C. 1320a-8(b)(3)(A)) is amended by striking ``charging
        fraud or false statements''.
            (2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a-
        8(c)(1)) is amended by striking ``and representations'' and
        inserting ``, representations, or actions''.
            (3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a-
        8(e)(1)(A)) is amended by striking ``statement or
        representation referred to in subsection (a) was made'' and
        inserting ``violation occurred''.
            (4) Section 1129(l) of such Act (42 U.S.C. 1320a-8(l)) is
        amended by inserting ``assignment of a social security account
        number or'' after ``application of an individual for''.
    (c) Effective Date.--The amendments made by this section shall be
effective with respect to violations committed after the date of
enactment of this Act.

SEC. 10. MODEL FORMS.

    (a) In General.--Six months after the date of enactment of this
Act, the Federal Trade Commission shall develop a model form and
standard procedures to be used by consumers that are victims of
identity fraud in contacting and informing creditors and credit
reporting agencies of such fraud, if the Commission determines, at that
time, that issuers of credit and credit reporting agencies have failed
to jointly develop such a model form and standard procedures.
    (b) Contents.--A model form developed under subsection (a) (by the
Commission or the issuers and agencies referred to therein) shall
require information necessary to demonstrate the fraudulent activity
done in the name of the consumer to whom the form relates, including,
if applicable--
            (1) a notarized affidavit or police report relating to the
        activity;
            (2) a notarized handwriting sample; and
            (3) any other relevant documentation.

Output:
(Sec. 3) Amends the Fair Credit Reporting Act to require a consumer reporting agency to submit notification of potential fraud to each creditor using a consumer report whenever the agency learns of a card application bearing a different address for the consumer than the one in the consumer's file.
States that compliance with this Act shall be enforced by the following agencies with respect to entities under their jurisdiction that are also issuers of credit cards: (1) the Federal Trade Commission (FTC); (2) the Office of the Comptroller of the Currency; (3) the Board of Governors of the Federal Reserve Board; (4) the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Director of the Office of Thrift Supervision; and (6) the Administrator of the National Credit Union Administration.
(Sec. 4) Amends the Fair Credit Reporting Act to require a consumer reporting agency and users of consumer credit information to comply with certain fraud alert procedures. Sets forth penalties for noncompliance.
(Sec. 5) Directs the FTC to promulgate regulations to require each consumer reporting agency to investigate discrepancies between certain information contained in its files with information supplied by the user of the consumer report.
(Sec. 6) Amends the Fair Credit Reporting Act to mandate, upon request, one free annual disclosure to a consumer by a consumer reporting agency.
(Sec. 8) Requires an individual reference services provider to disclose, upon request and proper identification of the consumer, all information contained in its files pertaining to such consumer.
(Sec. 9) Amends the Social Security Act to establish a civil monetary penalty for specified identity theft violations.
(Sec. 10) Directs the FTC to develop model forms and standard procedures for consumers to inform creditors and credit reporting agencies of identity fraud.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agriculture Competition Enhancement
Act of 2001''.

SEC. 2. LIMITATION ON MERGERS.

    It shall be unlawful for a person in the business of purchasing
livestock, poultry, or a basic agricultural commodity for wholesale
resale either unprocessed or processed, to acquire directly or
indirectly the voting securities or assets of any person if--
            (1) the total amount of--
                    (A) voting securities, or assets relating to the
                purchasing, processing, or selling of livestock,
                poultry, or a basic agricultural commodity; or
                    (B) annual net sales of such livestock, poultry, or
                basic agricultural commodity;
        of each person exceeds $1,000,000,000; and
            (2) the acquisition of such voting securities or such
        assets by the acquiring person would reduce competition so as
        to have a negative effect on prices paid to producers of any
        livestock, poultry, or basic agricultural commodities.

SEC. 3. PREMERGER NOTICE REQUIREMENT.

    (a) Notice.--Whenever a person in the business of purchasing
livestock, poultry, or a basic agricultural commodity for wholesale
resale either unprocessed or processed, files a notification under
section 7A of the Clayton Act (15 U.S.C. 18a), such person shall file
simultaneously with the Secretary a notice in accordance with rules
issued by the Secretary, that such person has filed such notification.
    (b) Public Comments.--The Secretary shall--
            (1) publish promptly in the Federal Register a copy of each
        notice received under subsection (a),
            (2) accept public comments on the proposed merger described
        in such notice, and
            (3) consider as part of the review required by subsection
        (c), such comments timely received.
    (c) Review.--Not later than 30 days after receiving a notice filed
under subsection (a), the Secretary shall--
            (1) review the proposed acquisition described in such
        notice;
            (2) determine--
                    (A) the probable effects such acquisition would
                have on the prices paid to producers of any livestock,
                poultry, or basic agricultural commodities who sell to,
                buy from, or bargain with 1 or more of the persons
                involved in the proposed acquisition; and
                    (B) whether such acquisition would--
                            (i) result in significantly increased
                        market power for any of such persons; and
                            (ii) increase the potential for
                        anticompetitive or predatory pricing conduct by
                        any of such persons;
            (3) prepare a report containing--
                    (A) the detailed findings made by the Secretary as
                a result of such review and such determination; and
                    (B) an economic analysis of the Secretary regarding
                whether such acquisition may substantially lessen
                competition or tend to create a monopoly; and
            (4) transmit to the Office of Special Counsel for
        Agriculture, and shall publish in the Federal Register,
        simultaneously, a copy of such report.

SEC. 4. ENFORCEMENT PROVISIONS.

    Sections 4B, 4C, 4E, 4F, 4G, 4H, 12, 13, 15, and 16 of the Clayton
Act (15 U.S.C. 15b, 15c, 15e, 15f, 15g, 15h, 22, 23, 25, 26a) shall
apply with respect to a violation of section 2 in the same manner as
such sections apply with respect to a violation of the antitrust laws.

SEC. 5. SPECIAL COUNSEL FOR AGRICULTURE.

    (a) Establishment of Office.--The Attorney General shall establish
in the Department of Justice an Office of Special Counsel for
Agriculture that shall handle agricultural antitrust issues and related
matters, as determined by the Attorney General.
    (b) Appointment.--The Special Counsel for Agriculture may be
appointed by the Attorney General only after the expiration of the 30-
day period beginning on the date the Attorney General publishes in the
Federal Register the name of the individual proposed to be appointed
and requests public comment with respect to the appointment of such
individual.

SEC. 6. GAO STUDY.

    (a) In General.--The Comptroller General shall conduct a study and
make findings and recommendations with respect to--
            (1) whether the Grain Inspection, Packers and Stockyard
        Administration needs additional resources in order to expand
        its capability to monitor and investigate the competitive
        implications of structural changes and practices in the meat
        packing industry; and
            (2) whether there are disparities in the Grain Inspection,
        Packers and Stockyard Administration's administrative authority
        with regard to the poultry, beef, and pork industries.
    (b) Report.--The Comptroller General shall submit a report to
Congress on the study, findings, and recommendations required by
subsection (a) not later than 1 year after the date of enactment of
this Act.

SEC. 7. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``antitrust laws'' has the meaning given such
        term in subsection (a) of the 1st section of the Clayton Act
        (15 U.S.C. 12(a)),
            (2) the term ``basic agricultural commodity'' means corn,
        wheat, or soybeans,
            (3) the term ``livestock'' means cattle, sheep, goats,
        swine, or equine animals used for food or in the production of
        food,
            (4) the term ``person'' has the meaning given such term in
        subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
        12(a)),
            (5) the term ``poultry'' means chickens, turkeys, ducks,
        geese, or other domestic fowl used for food or in the
        production of food, and
            (6) the term ``Secretary'' means the Secretary of
        Agriculture.

Output: Agriculture Competition Enhancement Act of 2001 - Makes it unlawful for a business purchaser of livestock, poultry, or a basic agricultural commodity for (wholesale) resale, either unprocessed or processed, to acquire the voting assets of any person if: (1) the total amount of such assets or annual sales of each person exceeds specified limits; and (2) such acquisition would reduce competition so as have a negative effect on prices paid to producers. Requires such a purchaser filing a premerger notice under the Clayton Act to also file with the Secretary of Agriculture. Provides for: (1) public comment; and (2) review by the Secretary respecting such action's anticompetitive effects. Subjects such actions to specified enforcement provisions of the Clayton Act. Directs the Attorney General to establish in the Department of Justice an Office of Special Counsel for Agriculture to handle agricultural antitrust issues. Directs the Comptroller General to conduct a study respecting whether: (1) the Grain Inspection, Packers and Stockyard Administration needs additional resources to monitor and investigate the competitive implications of meat packing industry practices; and (2) disparities exist in the Administration's authority respecting the poultry, meat, and pork industries.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ATM Consumer Protection Act''.

SEC. 2. ATM SECURITY MEASURES.

    The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is
amended--
            (1) by redesignating sections 918, 919, 920, and 921 as
        sections 919, 920, 921, and 922, respectively; and
            (2) by inserting after section 917 the following new
        section:

``SEC. 918. ATM SECURITY REQUIREMENTS.

    ``(a) In General.--Before the end of the 6-month period beginning
on the date of the enactment of the ATM Consumer Protection Act, the
Board shall prescribe regulations establishing minimum standards with
which each automated teller machine operator shall comply with respect
to the installation, maintenance, and operation of security devices and
procedures, reasonable in cost--
            ``(1) to discourage robberies, burglaries, and larcenies
        relating to the operation and use of automated teller machines;
        and
            ``(2) to assist in the identification and apprehension of
        persons who commit such acts.
    ``(b) Minimum Requirements.--At a minimum, the standards required
under subsection (a) shall include the following:
            ``(1) Security program.--Each automated teller machine
        operator shall--
                    ``(A) establish procedures that will assist in
                identifying persons committing crimes against any
                automated teller machine or any consumer using such
                machine and that will preserve evidence that may aid in
                their identification or conviction; and
                    ``(B) designate at least 1 person as security
                officer (for each automated teller machine operated by
                the operator) who shall be responsible for ensuring
                compliance with the requirements of the regulations
                with respect to such machine, including appropriate
                recordkeeping requirements and liaison to local law
                enforcement agencies.
            ``(2) Adequate lighting.--
                    ``(A) In general.--Each automated teller machine
                operator shall ensure that adequate lighting exists
                with respect to each automated teller machine operated
                by such operator.
                    ``(B) Adequate lighting defined.--The term
                `adequate lighting' means, at a minimum--
                            ``(i) in the case of an automated teller
                        machine located inside a building or not
                        otherwise open to the outdoor air, lighting at
                        all times that a consumer has access to such
                        machine for purposes of initiating an
                        electronic fund transfer that is adequate to
                        allow a consumer--
                                    ``(I) entering the building or
                                location of the machine to see all
                                persons in the building or space; and
                                    ``(II) in the building or space to
                                see all persons entering the building
                                or space;
                            ``(ii) in the case of an automated teller
                        machine open to the outside air, lighting at
                        all times necessary due to the absence of
                        direct or ambient sunlight--
                                    ``(I) sufficient to brightly
                                illuminate the area within 5 feet of
                                the machine; and
                                    ``(II) sufficient to adequately
                                illuminate at least 50 feet or more in
                                any unobstructed direction from the
                                machine;
                            ``(iii) in the case a nearby parking area
                        has been provided for use by consumers of
                        automated teller machine, among other users,
                        lighting at all times necessary due to the
absence of direct or ambient sunlight or other light sufficient to
adequately illuminate the nearby parking area and all areas between the
machine and such parking area;
                            ``(iv) in the case of access to an
                        automated teller machine from an adjacent side
                        of a building or other space, lighting at all
                        times necessary due to the absence of direct or
                        ambient sunlight or other light sufficient to
                        adequately illuminate the adjacent side of the
                        building or other space; and
                            ``(v) in all cases, lighting sufficient to
                        ensure optimal operation of all surveillance
                        equipment, cameras, and recording devices.
            ``(3) Surveillance requirements.--
                    ``(A) In general.--Each automated teller machine
                operator shall ensure that each automated teller
                machine is provided with a surveillance camera or
                cameras sufficient to view and record each person who
                uses the automated teller machine, all activity
                occurring within 3 feet of the automated teller machine
                (other than the transaction itself), and such other
                views and recordings as may be required under the
                standards.
                    ``(B) Maintenance of recordings.--All recordings
                made by surveillance cameras shall be maintained by an
                operator of an automated teller machine for such period
                of time as may be required under the standards which
                shall not be less than a 30-day period and any
                recording relating to a specific time period or event
                shall be maintained by such operator indefinitely at
                the request of a local law enforcement agency in
                connection with an investigation of a crime at or near
                such machine, or otherwise related to the machine.
            (4) Alarm system.--Each automated teller machine operator
        shall maintain an alarm system or other appropriate device for
        promptly notifying the nearest responsible law enforcement
        officers of an attempted or perpetrated robbery, burglary or
        larceny in connection with the operation of an automated teller
        machine.
            (5) Other preventative and remedial measures.--The
        standards shall require the security officer designated by any
        operator of an automated teller machine to take such other
        actions as the security officer may determine to be appropriate
        and useful to prevent crimes in the vicinity of the machine and
        to preserve evidence in the event of any such crime, taking
        into consideration the following:
                    (i) The incidence of crimes against consumers,
                including users of automated teller machines, in the
                vicinity of the automated teller machine.
                    (ii) The amount of the average transaction at the
                machine and the amount of currency exposed to robbery,
                burglary, or larceny.
                    (iii) The distance of the automated teller machine
                from the nearest responsible law enforcement officers
                and the time required for such law enforcement officers
                ordinarily to arrive at the automated teller machine.
                    (iv) The cost of the security devices.
                    (v) Other security measures in effect at the
                automated teller machine and in the vicinity of the
                machine.
                    (vi) The physical characteristics of the location
                of the automated teller machine and its vicinity.
    ``(c) Consultation.--In prescribing the standards required to be
established under this section, the Board shall--
            ``(1) consult with--
                    ``(A) other agencies referred to in subsections (a)
                and (c) of section 917;
                    ``(B) appropriate State officers or agencies which
                supervise the operation of automated teller machines or
                any operator of automated teller machines; and
                    ``(C) insurers furnishing insurance protection
                against losses and other liabilities resulting from
                robberies, burglaries, and larcenies committed against
                operators of automated teller machines or consumers
                using such machines; and
                    ``(D) any appropriate State agency having
                supervisory or regulatory responsibilities with respect
                to any insurer referred to in subparagraph (C); and
            ``(2) take into account the regulations and requirements
        under the Bank Protection Act of 1968.''.

Output: ATM Consumer Protection Act - Amends the Electronic Fund Transfer Act to instruct the Board of Governors of the Federal Reserve System to prescribe minimum mandatory standards for automated teller machine operator compliance with installation, maintenance, and operation of security devices and procedures to: (1) discourage robberies, burglaries, and larcenies relating to automated teller machines use; and (2) assist in the identification and apprehension of persons who commit such acts.Cites minimum security requirements including: (1) procedures to identify persons committing crimes; (2) adequate lighting; (3) surveillance cameras; ( 4) maintenance of surveillance records for law enforcement purposes; and (5) an alarm system for prompt notification of an attempted or perpetrated robbery, burglary or larceny.