Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Responders Support Act of
2008''.

SEC. 2. EXPANDING DISABILITY BENEFITS.

    (a) In General.--Section 1201 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$250,000'' and inserting
                ``$350,000''; and
                    (B) by striking ``subsection (h)'' and inserting
                ``subsection (h)(1)'';
            (2) in subsection (b)--
                    (A) by striking ``permanently and totally''; and
                    (B) by striking ``, to the extent that
                appropriations are provided'' and all that follows and
                inserting ``a benefit in an amount determined in
                accordance with subsection (h)(2) to such officer.'';
                and
            (3) in subsection (h)--
                    (A) by striking ``the effective date of this
                subsection'' and inserting ``the date of enactment of
                the First Responders Support Act of 2008'';
                    (B) by inserting ``(1)'' after ``(h)''; and
                    (C) by adding at the end the following:
    ``(2)(A) Subject to subsection (b) and subparagraph (B) of this
paragraph, the amount of a benefit paid under subsection (b) to a
public safety officer who has become disabled as the direct result of a
catastrophic injury sustained in the line of duty shall be in an amount
equal to the benefit that is payable under subsection (a) in the
applicable year, multiplied by the level of disability of the public
safety officer, as determined in accordance with subparagraph (C).
    ``(B) No benefit shall be paid under subsection (b) if the level of
disability of the public safety officer is less than 50 percent.
    ``(C) The Director shall adopt and apply a schedule of levels of
disability of public safety officers associated with specific injuries
or combinations of injuries, based upon the average impairments of
earning capacity resulting from the injuries concerned.''.
    (b) Definition of Catastrophic Injury.--Section 1204(1) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(1))
is amended by striking ``permanently prevent an individual from
performing any gainful work'' and inserting ``substantially diminishes
the ability of an individual to perform gainful work''.
    (c) Expediting Benefits.--Section 1201 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at
the end the following:
    ``(n) Not later than 3 months after the date on which a claimant
submits all information required for a claim under this subpart, the
Bureau shall determine whether the claimant is eligible to receive a
benefit under this subpart.''.
    (d) Regulations.--Not later than 9 months after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to carry out the amendments made by this section.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General, in addition to any other amounts
otherwise authorized to be appropriated, $3,000,000 for each of fiscal
years 2009 through 2013 to hire employees for the Bureau of Justice
Assistance and obtain the technology and equipment necessary to
expedite the processing of claims and make disability determinations
under subpart 1 of part L of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796 et seq.), as amended by this section.

SEC. 3. EDUCATIONAL BENEFITS.

    (a) In General.--Section 1212(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)) is amended--
            (1) by striking paragraph (2) and inserting the following:
    ``(2)(A) Except as provided in paragraph (3), and subject to
subparagraph (C) of this paragraph, financial assistance under this
subpart shall--
            ``(i) consist of direct payments to an eligible dependent;
        and
            ``(ii) be paid at the monthly rate of not more than $1,500.
    ``(B) The Director shall promulgate regulations to establish the
amount of financial assistance under subparagraph (A) for an eligible
dependent, which shall be based on the portion of the normal full-time
academic workload for the course of study, as determined by the
eligible educational institution, that the eligible dependent is
pursuing.
    ``(C) On October 1 of each fiscal year beginning after the date of
enactment of the First Responders Support Act of 2008, the Director
shall adjust the level of the benefit payable during that fiscal year
under subparagraph (A)(ii), to reflect the annual percentage change in
the Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, occurring in the 1-year period ending on
June 1 immediately preceding such October 1.''; and
            (2) in paragraph (3)(A), by striking ``to which the
        eligible dependent would otherwise be entitled to receive'' and
        inserting ``that the eligible dependent receives''.
    (b) Children.--Section 1212(a)(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking ``a totally and
        permanently disabling injury'' and inserting ``the officer's
        catastrophic injury'';
            (3) by redesignating subparagraph (B) as subparagraph (C);
        and
            (4) by inserting after subparagraph (A) the following:
            ``(B) the child of the spouse of an officer described in
        subparagraph (A) at the time of the officer's death or on the
        date of the officer's catastrophic injury; or''.

SEC. 4. CREDIT FOR CONTINUING CARE OF FIRST RESPONDERS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36 the following new section:

``SEC. 36A. CONTINUING CARE FOR INJURED FIRST RESPONDERS.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year an amount
equal to the qualified medical expenses paid or incurred during such
taxable year by a qualified injured first responder or a family member
of a qualified injured first responder.
    ``(b) Limitations.--
            ``(1) In general.--The amount of the credit allowed under
        subsection (a) for any taxable year shall not exceed $7,500.
            ``(2) Limitation based on adjusted gross income.--The
        amount of the credit allowed by subsection (a) (determined
        without regard to this subsection) shall be reduced (but not
        below zero) by 5 percent of so much of the taxpayer's adjusted
        gross income as exceeds $75,000 ($150,000 in the case of a
        joint return).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified injured first responder.--The term
        `qualified injured first responder' means any public safety
        officer who has suffered an injury that substantially
        diminishes the ability of the public safety officer to perform
        gainful work while performing an official duty as a public
        safety officer.
            ``(2) Family member.--The term `family member' includes
        family members described in section 267(c)(4).
            ``(3) Qualified medical expenses.--The term `qualified
        medical expenses' means expenses paid or incurred, not
        compensated for by insurance or otherwise, for medical care
        (within the meaning of section 213(d)) in connection with an
        injury of a qualified injured first responder which was
        incurred while the qualified injured first responder was
        performing an official duty as a public safety officer.
            ``(4) Public safety officer.--The term `public safety
        officer' has the meaning given such term by section 1204(9) of
        the Omnibus Crime Control and Safe Streets Act of 1968.
    ``(d) No Double Benefit.--No credit or deduction shall be allowed
under this chapter with respect to any expenses which are taken into
account under this section.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting ``36A,'' after ``36,''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by inserting after the item relating to section 36
        the following new item:

``Sec. 36A. Continuing care for injured first responders.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.

SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Bureau
        of Justice Assistance;
            (2) the term ``eligible organization'' means an
        organization that provides free or reduced cost mental health
        services or counseling to public safety officers seriously
        injured in the line of duty and the family members of public
        safety officers killed or seriously injured in the line of
        duty;
            (3) the term ``public safety officer'' has the meaning
        given that term in section 1204 of the Omnibus Crime Control
        and Safe Streets Act of 1968 (42 U.S.C. 3796b); and
            (4) the term ``reduced cost'', relating to mental health
        services or counseling, means that the organization providing
        the services or counseling charges not more than 50 percent of
        the amount that the organization would otherwise charge for the
        services or counseling.
    (b) Authorization To Make Grants.--The Director may make grants to
eligible organizations to provide mental health services or counseling
to public safety officers seriously injured in the line of duty and the
family members of public safety officers killed or seriously injured in
the line of duty.
    (c) Application.--An eligible organization desiring a grant under
this section shall submit an application at such time, in such manner,
and accompanied by such information as the Director may establish.

Output:
First Responders Support Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers; and (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty.

Amends the Internal Revenue Code to allow a tax credit for up to $7,500 of the medical expenses paid or incurred by a public safety officer or a family member for injuries sustained while such officer was performing an official duty.

Authorizes the Director of the Bureau of Justice Assistance to award grants for mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of such officers who are killed or seriously injured in the line of duty.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Turkish Human Rights Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1)(A) The Department of State, in its 1996 ``Country
        Reports on Human Rights Practices'', documented a systematic
        and widespread pattern of human rights abuses by the Government
        of Turkey.
            (B) According to the portion of the report relating to
        Turkey, ``torture, excessive use of force, and other serious
        human rights abuses by the security forces persisted throughout
        1996.''.
            (2) Amnesty International, Human Rights Watch, the United
        Nations Committee Against Torture, the European Parliament, the
        International Human Rights Law Group, the Lawyers Committee for
        Human Rights, Physicians Without Frontiers, Freedom House, the
        Humanitarian Law Project, the Association of the Bar of the
        City of New York, the Turkish Human Rights Foundation, and
        other human rights monitoring organizations have documented
        extensive and continuing human rights abuses by the Government
        of Turkey, including the widespread use of torture and
        extrajudicial killings.
            (3) The actions of the Government of Turkey are in
        violation of several international human rights agreements to
        which Turkey is a party, including the United Nations Universal
        Declaration of Human Rights, the Final Act of the Conference on
        Security and Cooperation in Europe, the European Convention on
        Human Rights, and the United Nations and European Conventions
        Against Torture.
            (4) The Government of Turkey continues to deny the
        legitimate civil and human rights of its 15,000,000 citizens of
        Kurdish origin and has used military force to deny them an
        identity, destroying more than 2,000 Kurdish villages and
        uprooting more than 2,000,000 Kurds.
            (5) Turkey continues its illegal military occupation of
        Cyprus and has obstructed efforts to reach a just and lasting
        resolution to the division of Cyprus and the massive uprooting
        of Greek Cypriots caused by the 1974 invasion by Turkey.
            (6) The Government of Turkey continues to blockade Armenia,
        obstructing the delivery of United States and international
        humanitarian relief supplies.
            (7) Turkey continues to place prohibitive restrictions on
        the religious leadership of Christian communities within Turkey
        and has failed to protect these communities adequately from
        acts of violence and vandalism.
            (8)(A) The Congress, in the fiscal year 1997 appropriation
        for foreign assistance, reduced assistance under chapter 4 of
        part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
        et seq.; relating to the economic support fund) to Turkey to
        $22,000,000 because of Turkey's human rights record and its
        hostile and antagonistic policies toward its neighbors.
            (B) The Government of Turkey has stated that it would
        reject any United States assistance tied to its human rights
        record.

SEC. 3. RESTRICTIONS ON ASSISTANCE FOR THE GOVERNMENT OF TURKEY.

    (a) In General.--Assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund) may not be provided for the Government of Turkey
for fiscal year 1998 unless the Secretary of State determines that
there has been significant progress in the following areas:
            (1) The Government of Turkey permits domestic and
        international human rights monitoring organizations, including,
        but not limited to, the Turkish Human Rights Foundation, the
        Organization on Security and Cooperation in Europe, Amnesty
        International, and Human Rights Watch, to monitor and report on
        the human rights situation within its territory without fear of
        reprisal or prosecution.
            (2) The Government of Turkey--
                    (A) has ceased all efforts to deny the recognition
                of the civil, cultural, and human rights of its Kurdish
                citizens;
                    (B) has ceased its military operations against
                Kurdish civilians; and
                    (C) has taken demonstrable steps toward a peaceful
                resolution of the Kurdish issue.
            (3) The Government of Turkey--
                    (A) has taken actions and instituted policies to
                demilitarize Cyprus and provide for the total
                withdrawal of Turkish military forces from Cyprus; and
                    (B) provides support for a settlement for the
                Republic of Cyprus based on a constitutional democracy
                with key United States principles of majority rule, the
                rule of law, the protection of minority and human
                rights, and the provision for and implementation of the
                3 basic freedoms, namely, freedom of movement, of
                property, and of settlement.
            (4) The Government of Turkey has ceased its blockade of
        United States and international assistance to Armenia.
            (5) The Government of Turkey--
                    (A) has ceased its official restrictions on
                Christian churches and schools; and
                    (B) provides sufficient protection against--
                            (i) acts of violence and harassment
                        directed at members of the clergy and religious
                        minorities; and
                            (ii) acts of vandalism directed at church
                        and school property.
    (b) Report.--The Secretary of State shall prepare and submit to the
Congress a report containing a documentation of the determinations made
by the Secretary under subsection (a).

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Microbicide Development Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Women and girls are the new face of HIV/AIDS, and are
        increasingly affected by the disease in every region of the
        world. As of 2006, nearly half of the 37,200,000 adults living
        with HIV and AIDS worldwide were women. In sub-Saharan Africa,
        that proportion was 59 percent.
            (2) Because of their social and biological vulnerabilities,
        young women are particularly at risk of HIV infection. In sub-
        Saharan Africa, the prevalence of HIV/AIDS is three times
        higher among women ages 15 to 24 than it is among men in that
        same age group.
            (3) Women infected with HIV can transmit the infection to
        their infants during pregnancy, labor, delivery, or breast-
        feeding. The most effective way to interrupt mother-to-child
        transmission is to ensure that mothers are not infected in the
        first place.
            (4) Many women who become infected with HIV have just one
        sexual partner--their husband. Marriage is not necessarily
        effective protection against HIV, because to protect themselves
        from HIV, women have to rely on their male partners to be
        faithful or to use condoms. Many women, especially in the
        developing world, are unable to insist on mutual monogamy or
        negotiate condom use, particularly in long-term relationships.
            (5) Scientists are working on a promising new prevention
        tool that could slow down the spread of the HIV/AIDS epidemic--
        microbicides. Formulated as gels, creams, tablets or rings,
        microbicides are being designed to stop the transmission of the
        pathogens that cause AIDS and other sexually transmitted
        infections (referred to in this section as ``STIs'').
        Microbicides could allow a woman to protect herself from
        disease.
            (6) Couples need a method of HIV protection that will allow
        them to conceive a child and start a family. No existing HIV
        prevention method also allows conception. Some microbicides in
        development may allow women to become pregnant while at the
        same time protecting them from infection.
            (7) According to UNICEF, worldwide, the lack of HIV/AIDS
        prevention and treatment has left over 15,000,000 children as
        orphans. Of these, more than 12,000,000 live in sub-Saharan
        Africa. The number of AIDS orphans in sub-Saharan Africa alone
        is expected to grow to nearly 16,000,000 by 2010.
            (8) HIV prevention tools like microbicides could also be
        valuable for women in the United States, who account for an
        increasing proportion of new HIV and AIDS cases among
        Americans. Minority women in the United States are particularly
        affected. Both African-American and Latina women account for a
        disproportionate number of new AIDS cases, and HIV/AIDS was the
        leading cause of death in 2002 for African-American women ages
        25 to 34.
            (9) With nearly 20,000,000 new cases of sexually
        transmitted infections occurring every year, the United States
        has the highest STI rates of any industrialized nation. Like
        HIV, STIs pose significant health threats and costs, with young
        people and women bearing a disproportionate burden. Nearly half
        of new STI cases each year occur in people under 25 years of
        age with women both more vulnerable to infection and more
        likely to experience serious and lasting health consequences
        when they do become infected. Some microbicides could help
        prevent STIs.
            (10) HIV/AIDS threatens national and global security.
        Beyond its burdens on individuals, families, and communities,
        the pandemic reduces economic growth, decimates health budgets,
        undermines civil society, and burdens the armed forces of many
        nations, including the United States military.
            (11) The microbicide field has gained considerable
        scientific momentum. Several first-generation products are in
        large-scale human trials to measure effectiveness, and new
        products based on recent advances in HIV treatment are well
        into safety trials.
            (12) Microbicides are a public health good with potential
        for large social benefits but limited economic incentives for
        private investment, so that public funding is required to fill
        the gap. As is the case for vaccines and other public goods,
        microbicide development must depend heavily on government
        leadership and investment.
            (13) The Federal Government needs to make a strong
        commitment to microbicide research and development. Three
        agencies, the National Institutes of Health, Centers for
        Disease Control and Prevention, and United States Agency for
        International Development, have played important roles in the
        progress to date, and each makes a valuable and unique
        contribution. As the primary Federal agency for conducting and
        supporting medical research and the largest single Federal
        Government contributor to microbicide research, the National
        Institutes of Health supports the Microbicide Trials Network as
        well as other important research activities. The United States
        Agency for International Development sustains strong
        partnerships with public and private organizations working on
        microbicide research, including trials in developing countries
        where its experience is extensive, and is well positioned to
        facilitate introduction of microbicides once available. The
        Centers for Disease Control and Prevention has a long history
        of conducting field trials in developing countries, but the
        extent of its current engagement remains quite limited.
            (14) According to the National Institutes of Health's
        strategic plan, microbicides may provide ``one of the most
        promising primary preventative interventions that could be
        safe, effective, readily available, affordable, and widely
        acceptable''. In a recent report to Congress, the United States
        Agency for International Development states that ``the US
        government is firmly committed to accelerating the development
        of safe and effective microbicides to prevent HIV''. In
        addition, the President's Emergency Plan for AIDS Relief
        recognizes the urgency of developing safe and effective
        microbicides.
            (15) The National Institutes of Health, United States
        Agency for International Development, and the Centers for
        Disease Control and Prevention have expanded their microbicide
        portfolios, but overall Federal leadership and coordination is
        required to eliminate costly inefficiencies and unproductive
        duplication of effort.
            (16) HIV prevention options available as of 2006 are
        insufficient in general. Most critically, they fail to
        recognize women's particular needs and vulnerabilities. If
        women are to have a genuine opportunity to protect themselves,
        their best option is the rapid development of new HIV-
        prevention technologies like microbicides, which women can
        initiate.

   TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH

SEC. 101. OFFICE OF AIDS RESEARCH; PROGRAM REGARDING MICROBICIDES FOR
              PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES.

    Subpart I of part D of title XXIII of the Public Health Service Act
(42 U.S.C. 300cc-40 et seq.) is amended by inserting after section 2351
the following:

``SEC. 2351A. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
              OTHER DISEASES.

    ``(a) Federal Strategic Plan.--
            ``(1) In general.--The Director of the Office of AIDS
        Research shall--
                    ``(A) expedite the implementation of a Federal
                strategic plan for the conduct and support of
                microbicide research and development; and
                    ``(B) annually review and, as appropriate, revise
                such plan, to prioritize funding and activities in
                terms of their scientific urgency.
            ``(2) Coordination.--In implementing, reviewing, and
        prioritizing elements of the plan described under paragraph
        (1), the Director of the Office of AIDS Research shall
        coordinate with--
                    ``(A) other Federal agencies, including the
                Director of the Centers for Disease Control and
                Prevention and the Administrator of the United States
                Agency for International Development, involved in
                microbicide research;
                    ``(B) the microbicide research and development
                community; and
                    ``(C) health advocates.
    ``(b) Expansion and Coordination of Activities.--The Director of
the Office of AIDS Research, acting in coordination with relevant
institutes and offices, shall expand, intensify, and coordinate the
activities of all appropriate institutes and components of the National
Institutes of Health with respect to research and development of
microbicides to prevent the transmission of the human immunodeficiency
virus (`HIV') and other sexually transmitted infections.
    ``(c) Microbicide Development Branch.--In carrying out subsection
(b), the Director of the National Institute of Allergy and Infectious
Diseases shall establish within the Division of AIDS in the Institute,
a clearly defined organizational branch charged with carrying out
microbicide research and development. In establishing such branch, the
Director shall ensure that there are a sufficient number of employees
dedicated to carrying out its mission.
    ``(d) Microbicide Clinical Trials.--In carrying out subsection (c),
the Director of the National Institute of Allergy and Infectious
Diseases shall assign priority to ensuring adequate funding and support
for the Microbicide Trials Network and other programs for supporting
microbicides clinical trials, with particular emphasis on
implementation of trials leading to product licensure.
    ``(e) Reports to Congress.--
            ``(1) In general.--Not later than 6 months after the date
        of enactment of the Microbicide Development Act, and annually
        thereafter, the Director of the Office of AIDS Research shall
        submit to the appropriate committees of Congress a report that
        describes the strategies being implemented by the Federal
        Government regarding microbicide research and development.
            ``(2) Contents of reports.--Each report submitted under
        paragraph (1) shall include--
                    ``(A) a description of activities with respect to
                microbicide research and development conducted and
                supported by the Federal Government;
                    ``(B) a summary and analysis of the expenditures
                made by the Director of the Office of AIDS Research
                during the preceding year for activities with respect
                to microbicide-specific research and development,
                including basic research, preclinical product
                development, clinical trials, and behavioral science;
                and
                    ``(C) a description and evaluation of the progress
                made, during the preceding year, toward the development
                of effective microbicides.
            ``(3) Appropriate committees of congress defined.--In this
        subsection, the term `appropriate committees of Congress' means
        the Committee on Health, Education, Labor, and Pensions and the
        Committee on Appropriations of the Senate and the Committee on
        Energy and Commerce and the Committee on Appropriations of the
        House of Representatives.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal year to
carry out this section.''.

 TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND
                               PREVENTION

SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
              OTHER DISEASES.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following:

``SEC. 317T. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
              OTHER DISEASES.

    ``(a) Development and Implementation of the Centers for Disease
Control and Prevention's Microbicide Agenda.--The Director of the
Centers for Disease Control and Prevention shall fully implement such
Centers' microbicide agenda to support microbicide research and
development. Such an agenda shall include--
            ``(1) conducting laboratory research in preparation for,
        and support of, clinical microbicide trials; and
            ``(2) conducting behavioral research in preparation for,
        and support of, clinical microbicide trials.
    ``(b) Personnel.--The Centers for Disease Control and Prevention
shall ensure that there are sufficient numbers of dedicated employees
for carrying out the microbicide agenda under subsection (a).
    ``(c) Report to Congress.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of the Microbicide Development Act, and annually
        thereafter, the Director of the Centers for Disease Control and
        Prevention shall submit to the appropriate committees of
        Congress, a report on the strategies being implemented by the
        Centers for Disease Control and Prevention with respect to
        microbicide research and development. Such report shall be
        submitted alone or as part of the overall Federal strategic
        plan on microbicides compiled annually by the National
        Institutes of Health Office of AIDS Research as required under
        section 2351A.
            ``(2) Contents of report.--Such report shall include--
                    ``(A) a description of activities with respect to
                microbicides conducted or supported by the Director of
                the Centers for Disease Control and Prevention;
                    ``(B) a summary and analysis of the expenditures
                made by such Director during the preceding year, for
                activities with respect to microbicide-specific
                research and development, including the number of
                employees of such Centers involved in such activities;
                and
                    ``(C) a description and evaluation of the progress
                made, during the preceding year, toward the development
                of effective microbicides.
            ``(3) Appropriate committees of congress defined.--For the
        purposes of this subsection, the term `appropriate committees
        of Congress' means the Committee on Health, Education, Labor,
        and Pensions and the Committee on Appropriations of the Senate
        and the Committee on Energy and Commerce and the Committee on
        Appropriations of the House of Representatives.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal year to
carry out this section.''.

 TITLE III--MICROBICIDE RESEARCH AND DEVELOPMENT AT THE UNITED STATES
                  AGENCY FOR INTERNATIONAL DEVELOPMENT

SEC. 301. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
              OTHER DISEASES.

    Section 104A of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b-2) is amended by adding at the end the following new subsection:
    ``(h) Microbicides for Preventing Transmission of HIV/AIDS and
Other Diseases.--
            ``(1) Development and implementation of the microbicide
        agenda.--The President shall direct the head of the Office of
        HIV/AIDS of the United States Agency for International
        Development, in conjunction with other offices of such Agency,
        to develop and implement a program to support the development
        of microbicides for the prevention of the transmission of HIV/
        AIDS and other diseases, and facilitate wide-scale availability
        of such products after such development.
            ``(2) Staffing.--The head of the Office of HIV/AIDS shall
        ensure that the Agency has a sufficient number of dedicated
        employees to carry out the microbicide agenda.
            ``(3) Reports to congress.--
                    ``(A) In general.--Not later than one year after
                the date of enactment of the Microbicide Development
                Act, and annually thereafter, the President shall
                submit to the appropriate congressional committees a
                report on the activities of the Agency to carry out the
                microbicide agenda and on any other activities carried
                out by the Agency related to microbicide research and
                development.
                    ``(B) Contents of report.--Each report submitted
                under subparagraph (A) shall include--
                            ``(i) a description of activities with
                        respect to microbicides conducted or supported
                        by the Agency;
                            ``(ii) a summary and analysis of the
                        expenditures made by the Agency during the
                        preceding year for activities with respect to
                        microbicide-specific research and development,
                        including the number of employees of the Agency
                        who are involved in such activities; and
                            ``(iii) a description and evaluation of the
                        progress made during the preceding year toward
                        the development of effective microbicides,
                        including activities in support of eventual
                        product access.
                    ``(C) Consultation.--The President shall consult
                with the Director of the Office of AIDS Research of the
                National Institutes of Health in preparing the report
                required under subparagraph (A).
                    ``(D) Appropriate congressional committees
                defined.--In this paragraph, the term `appropriate
                congressional committees' means the Committee on
                Foreign Affairs and the Committee on Appropriations of
                the House of Representatives and the Committee on
                Foreign Relations and the Committee on Appropriations
                of the Senate.
            ``(4) Authorization of appropriations.--There are
        authorized to be appropriated to the Agency such sums as may be
        necessary for each fiscal year to carry out this subsection.''.

Output:
Microbicide Development Act - Amends the Public Health Service Act to require the Director of the Office of AIDS Research to: (1) expedite the implementation of the federal strategic plan for the conduct and support of microbicide research and development; and (2) expand, intensify, and coordinate all activities with respect to research and development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases.

Requires the Director of the National Institute of Allergy and Infectious Diseases to: (1) establish within the Division of AIDS an organizational branch to carry out microbicide research and development; and (2) assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials. Requires the Director of the Centers for Disease Control and Prevention (CDC) to fully implement the CDC's microbicide agenda to support microbicide research and development. Requires the President to direct the head of the Office of HIV/AIDS of the U.S. Agency for International Development (USAID) to develop and implement a program to support the development of microbicides products for the prevention of the transmission of HIV/AIDS and other diseases and facilitate wide-scale availability of such products.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Finance Act of 1995''.

SEC. 2. PURPOSE.

    The purpose of this Act is to require--
            (1)(A) the Administrator of the Environmental Protection
        Agency to establish an Environmental Financial Advisory Board
        to provide expert advice and recommendations to Congress and
        the Administrator on issues, trends, options, innovations, and
        tax matters affecting the cost and financing of environmental
        protection by State and local governments; and
            (B) the Board to study methods to--
                    (i) lower costs of environmental infrastructure and
                services;
                    (ii) increase investment in public and private
                environmental infrastructure; and
                    (iii) build State and local capacity to plan and
                pay for environmental infrastructure and services; and
            (2)(A) the Administrator to establish and support
        Environmental Finance Centers in institutions of higher
        education;
            (B) the Centers to carry out activities to improve the
        capability of State and local governments to manage
        environmental programs; and
            (C) the Administrator to provide Federal funding to the
        Centers, with a goal that the Centers will eventually become
        financially self-sufficient.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Board.--The term ``Board'' means the Environmental
        Financial Advisory Board established under section 4.
            (3) Center.--The term ``Center'' means an Environmental
        Finance Center established under section 5.

SEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY BOARD.

    (a) In General.--The Administrator shall establish an Environmental
Financial Advisory Board to provide expert advice on issues affecting
the costs and financing of environmental activities at the Federal,
State, and local levels. The Board shall report to the Administrator,
and shall make the services and expertise of the Board available to
Congress.
    (b) Membership.--
            (1) In general.--The Board shall consist of 35 members
        appointed by the Administrator.
            (2) Terms.--A member of the Board shall serve for a term of
        2 years, except that 20 of the members initially appointed to
        the Board shall serve for a term of 1 year.
            (3) Qualifications.--The members of the Board shall be
        individuals with expertise in financial matters and shall be
        chosen from among elected officials and representatives of
        national trade and environmental organizations, the financial,
        banking, and legal communities, business and industry, and
        academia.
            (4) Chairperson and vice chairperson.--The members of the
        Board shall elect a Chairperson and Vice Chairperson, who shall
        each serve a term of 2 years.
    (c) Duties.--After establishing appropriate rules and procedures
for the operations of the Board, the Board shall--
            (1) work with the Science Advisory Board, established by
        section 8 of the Environmental Research, Development, and
        Demonstration Act of 1978 (42 U.S.C. 4365), to identify and
        develop methods to integrate risk and finance considerations
        into environmental decisionmaking;
            (2) identify and examine strategies to enhance
        environmental protection in urban areas, reduce
        disproportionate risks facing urban communities, and promote
        economic revitalization and environmentally sustainable
        development;
            (3) develop and recommend initiatives to expand
        opportunities for the export of United States financial
        services and environmental technologies;
            (4) develop alternative financing mechanisms to assist
        State and local governments in paying for environmental
        programs;
            (5) develop alternative financing mechanisms and strategies
        to meet the unique needs of small and economically
        disadvantaged communities; and
            (6) undertake such other activities as the Board determines
        will further the purpose of this Act.
    (d) Recommendations.--The Board may recommend to Congress and the
Administrator legislative and policy initiatives to make financing for
environmental protection more available and less costly.
    (e) Open Meetings.--The Board shall hold open meetings and seek
input from the public and other interested parties in accordance with
the Federal Advisory Committee Act (5 U.S.C. App.) and shall otherwise
be subject to the Act.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1996 through 2000.

SEC. 5. ENVIRONMENTAL FINANCE CENTERS.

    (a) In General.--The Administrator shall establish and support an
Environmental Finance Center in an institution of higher education in
each of the regions of the Environmental Protection Agency.
    (b) Duties and Powers.--A Center shall coordinate the activities of
the Center with the Board and may--
            (1) provide on-site and off-site training of State and
        local officials;
            (2) publish newsletters, course materials, proceedings, and
        other publications relating to financing of environmental
        infrastructure;
            (3) initiate and conduct conferences, seminars, and
        advisory panels on specific financial issues relating to
        environmental programs and projects;
            (4) establish electronic database and contact services to
        disseminate information to public entities on financing
        alternatives for State and local environmental programs;
            (5) generate case studies and special reports;
            (6) develop inventories and surveys of financial issues and
        needs of State and local governments;
            (7) identify financial programs, initiatives, and
        alternative financing mechanisms for training purposes;
            (8) hold public meetings on finance issues; and
            (9) collaborate with another Center on projects and
        exchange information.
    (c) Grants.--The Administrator may make grants to institutions of
higher education to carry out this section.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 1996 through 2000.

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Effective Terrorists Prosecution Act
of 2006''.

SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT.

    Paragraph (1) of section 948a of title 10, United States Code (as
enacted by the Military Commissions Act of 2006 (Public Law 109-366)),
is amended to read as follows:
            ``(1) Unlawful enemy combatant.--The term `unlawful enemy
        combatant' means an individual who directly participates in
        hostilities as part of an armed conflict against the United
        States who is not a lawful enemy combatant. The term is used
        solely to designate individuals triable by military commission
        under this chapter.''.

SEC. 3. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS BY COMBATANT
              STATUS REVIEW TRIBUNAL NOT DISPOSITIVE FOR PURPOSES OF
              JURISDICTION OF MILITARY COMMISSIONS.

    Section 948d of title 10, United States Code (as enacted by the
Military Commissions Act of 2006 (Public Law 109-366)), is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).

SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS
              OBTAINED BY COERCION.

    Section 948r of title 10, United States Code (as enacted by the
Military Commissions Act of 2006 (Public Law 109-366)), is amended by
striking subsections (c) and (d) and inserting the following new
subsection (c):
    ``(c) Exclusion of Statements Obtained by Coercion.--A statement
obtained by use of coercion shall not be admissible in a military
commission under this chapter, except against a person accused of
coercion as evidence that the statement was made.''.

SEC. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY EVIDENCE
              DETERMINED TO BE UNRELIABLE OR LACKING IN PROBATIVE
              VALUE.

    Section 949a(b)(2)(E)(ii) of title 10, United States Code (as
enacted by the Military Commissions Act of 2006 (Public Law 109-366)),
is amended by striking ``if the party opposing the admission of the
evidence demonstrates that the evidence is unreliable or lacking in
probative value'' and inserting ``if the military judge determines,
upon motion by counsel, that the evidence is unreliable or lacking in
probative value''.

SEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS IN EVENT
              THAT A SUBSTITUTE FOR CLASSIFIED EXCULPATORY EVIDENCE IS
              INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A
              FAIR TRIAL.

    Section 949j(d)(1) of title 10, United States Code (as enacted by
the Military Commissions Act of 2006 (Public Law 109-366)), is amended
by adding at the end the following: ``If the military judge determines
that the substitute is not sufficient to protect the right of the
defendant to a fair trial, the military judge may--
            ``(A) dismiss the charges in their entirety;
            ``(B) dismiss the charges or specifications or both to
        which the information relates; or
            ``(C) take such other actions as may be required in the
        interest of justice.''.

SEC. 7. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED STATES COURT
              OF APPEALS FOR THE ARMED FORCES RATHER THAN COURT OF
              MILITARY COMMISSION REVIEW.

    (a) Review.--
            (1) In general.--Section 950f of title 10, United States
        Code (as enacted by the Military Commissions Act of 2006
        (Public Law 109-366)), is amended to read as follows:
``Sec. 950f. Review by Court of Appeals for the Armed Forces
    ``(a) Cases To Be Reviewed.--The United States Court of Appeals for
the Armed Forces, in accordance with procedures prescribed under
regulations of the Secretary, shall review the record in each case that
is referred to the Court by the convening authority under section 950c
of this title with respect to any matter of law raised by the accused.
    ``(b) Scope of Review.--In a case reviewed by the United States
Court of Appeals for the Armed Forces under this section, the Court may
only act with respect to matters of law.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of subchapter VI of chapter 47A of such title (as so
        enacted) is amended by striking the item relating to section
        950f and inserting the following new item:

``950f. Review by Court of Appeals for the Armed Forces.''.
    (b) Conforming Amendments.--
            (1) In general.--Chapter 47A of title 10, United States
        Code (as so enacted), is further amended as follows:
                    (A) In section 950c(a), by striking ``the Court of
                Military Commission Review'' and inserting ``the United
                States Court of Appeals for the Armed Forces''.
                    (B) In section 950d, by striking ``the Court of
                Military Commission Review'' each place it appears and
                inserting ``the United States Court of Appeals for the
                Armed Forces''.
                    (C) In section 950g(a)(2), by striking ``the Court
                of Military Commission Review'' each place it appears
                and inserting ``the United States Court of Appeals for
                the Armed Forces''.
                    (D) In section 950h, by striking ``the Court of
                Military Commission Review'' each place it appears and
                inserting ``the United States Court of Appeals for the
                Armed Forces''.
            (2) Uniform code of military justice.--Section 867a(a) of
        title 10, United States Code (article 67a(a) of the Uniform
        Code of Military Justice), is amended by striking ``Decisions''
        and inserting ``Except as provided in sections 950d and 950g of
        this title, decisions''.

SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS.

    (a) In General.--Section 6(a) of the Military Commissions Act of
2006 (Public Law 109-366) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by inserting after
                ``international character'' the following: ``and
                preserve the capacity of the United States to prosecute
                nationals of enemy powers for engaging in acts against
                members of the United States Armed Forces and United
                States citizens that have been prosecuted by the United
                States as war crimes in the past''; and
                    (B) by striking the second sentence; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking ``the President has the
                        authority for the United States to interpret
                        the meaning and application of the Geneva
                        Conventions and to promulgate'' and inserting
                        ``the President has the authority, subject to
                        congressional oversight and judicial review, to
                        promulgate''; and
                            (ii) by striking ``higher standards and'';
                    (B) in subparagraph (B), by striking
                ``interpretations'' and inserting ``rules''; and
                    (C) by amending subparagraph (D) to read as
                follows:
                    ``(D) The President shall notify other parties to
                the Geneva Conventions that the United States expects
                members of the United States Armed Forces and other
                United States citizens detained in a conflict not of an
                international character to be treated in a manner
                consistent with the standards described in subparagraph
                (A) and embodied in section 2441 of title 18, United
                States Code, as amended by subsection (b).''.
    (b) Modifications of War Crimes Offenses.--
            (1) Inclusion of denial of trial rights among offenses.--
        Paragraph (1) of section 2441(d) of title 18, United States
        Code (as enacted by the Military Commissions Act of 2006), is
        amended by adding at the end the following new subparagraph:
                    ``(J) Denial of trial rights.--The act of a person
                who intentionally denies one or more persons the right
                to be tried before a regularly constituted court
                affording all the judicial guarantees which are
                recognized as indispensable by civilized peoples as
                prescribed by common Article 3 of the Geneva
                Conventions.''.
            (2) Definition of serious physical pain or suffering.--
        Clause (ii) of subparagraph ((D) of paragraph (2) of such
        section (as so enacted) is amended to read as follows:
                            ``(ii) serious physical pain;''.

SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE
              UNITED STATES.

    (a) Restoration.--Subsection (e) of section 2241 of title 28,
United States Code, as amended by section 7(a) of the Military
Commissions Act of 2006 (Public Law 109-366), is repealed.
    (b) Conforming Amendment.--Subsection (b) of section 7 of the
Military Commissions Act of 2006 (Public Law 109-366) is repealed.

SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS ACT OF 2006.

    Notwithstanding any other provision of law, the following rules
shall apply to any civil action, including an action for declaratory
judgment, that challenges any provision of the Military Commissions Act
of 2006 (Public Law 109-366), or any amendment made by that Act, on the
ground that such provision or amendment violates the Constitution or
the laws of the United States:
            (1) The action shall be filed in the United States District
        Court for the District of Columbia and shall be heard in that
        Court by a court of three judges convened pursuant to section
        2284 of title 28, United States Code.
            (2) An interlocutory or final judgment, decree, or order of
        the United States District Court for the District of Columbia
        in an action under paragraph (1) shall be reviewable as a
        matter of right by direct appeal to the Supreme Court of the
        United States. Any such appeal shall be taken by a notice of
        appeal filed within 10 days after the date on which such
        judgment, decree, or order is entered. The jurisdictional
        statement with respect to any such appeal shall be filed within
        30 days after the date on which such judgment, decree, or order
        is entered.
            (3) It shall be the duty of the United States District
        Court for the District of Columbia and the Supreme Court of the
        United States to advance on the docket and to expedite to the
        greatest possible extent the disposition of any action or
        appeal, respectively, brought under this section.

SEC. 11. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on October 17,
2006, the date of the enactment of the Military Commissions Act of 2006
(Public Law 109-366), immediately after the enactment of that Act and
shall apply to all cases, without exception, that are pending on or
after such date.

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


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting
Consumer Phone Records Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Unauthorized acquisition, use, or sale of confidential customer
                            proprietary network telephone information.
Sec. 3. Enhanced confidentiality procedures.
Sec. 4. Penalties; extension of confidentiality requirements to other
                            entities.
Sec. 5. Enforcement by Federal Trade Commission.
Sec. 6. Concurrent enforcement by Federal Communications Commission.
Sec. 7. Enforcement by States.
Sec. 8. Preemption of State law.
Sec. 9. Consumer outreach and education.

SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER
              PROPRIETARY NETWORK TELEPHONE INFORMATION.

    (a) In General.--It is unlawful for any person--
            (1) to acquire or use the customer proprietary network
        information of another person without that person's affirmative
        written consent, which shall include electronic consent that
        meets the requirements of the Electronic Signatures in Global
        and National Commerce Act (15 U.S.C. 7001 et seq.);
            (2) to misrepresent that another person has consented to
        the acquisition or use of such other person's customer
        proprietary network information in order to acquire such
        information;
            (3) to obtain unauthorized access to the data processing
        system or records of a telecommunications carrier or an IP-
        enabled voice service provider in order to acquire the customer
        proprietary network information of 1 or more other persons;
            (4) to sell, or offer for sale, customer proprietary
        network information; or
            (5) to request that another person obtain customer
        proprietary network information from a telecommunications
        carrier or IP-enabled voice service provider, knowing that the
        other person will obtain the information from such carrier or
        provider in any manner that is unlawful under this subsection.
    (b) Exceptions.--
            (1) Application with section 222 of communications act of
        1934.--Subsection (a) does not prohibit a telecommunications
        carrier or an IP-enabled voice service provider or any third
        party that lawfully obtains customer proprietary network
        information from a carrier or provider from engaging in any act
        or practice that was not prohibited by section 222 of the
        Communications Act of 1934 (47 U.S.C. 222) or regulations that
        are consistent with the provisions of section 222, as that
        section and those regulations were in effect on the day before
        the date of enactment of this Act.
            (2) Application of other laws.--This Act does not prohibit
        any act or practice otherwise authorized by law, including any
        lawfully authorized investigative, protective, or intelligence
        activity of a law enforcement agency or the United States, a
        State, or a political subdivision of a State, or an
        intelligence agency of the United States.
            (3) Treatment of ip-enabled voice service providers.--
        Notwithstanding any other provision of this section, an IP-
        enabled voice service provider may engage in any act or
        practice with respect to customer proprietary network
        information in which a telecommunications carrier may engage
        under paragraph (1) of this subsection.
            (4) Caller id.--Nothing in this Act prohibits the use of
        caller identification services by any person to identify the
        originator of telephone calls received by that person.
    (c) Private Right of Action for Providers.--
            (1) In general.--A telecommunications carrier or IP-enabled
        voice service provider may bring a civil action in an
        appropriate State court, or in any United States district court
        that meets applicable requirements relating to venue under
        section 1391 of title 28, United States Code, or for any
        judicial district in which the carrier or service provider
        resides or conducts business--
                    (A) based on a violation of this section or the
                regulations prescribed under this section to enjoin
                such violation;
                    (B) to recover for actual monetary loss from such a
                violation, or to receive $11,000 in damages for each
                such violation, whichever is greater; or
                    (C) both.
            (2) Treble damages.--If the court finds that the defendant
        willfully or knowingly violated this section or the regulations
        prescribed under this section, the court may, in its
        discretion, increase the amount of the award to an amount equal
        to not more than 3 times the amount available under paragraph
        (1) of this subsection.
            (3) Inflation adjustment.--The $11,000 amount in paragraph
        (1)(B) shall be adjusted for inflation as if it were a civil
        monetary penalty, as defined in section 3(2) of the Federal
        Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C.
        2461 note).
    (d) Private Right of Action for Consumers.--
            (1) In general.--An individual who has been injured as a
        direct result of his or her confidential proprietary network
        information being obtained, used, or sold in violation of this
        section may file a civil action in any court of competent
        jurisdiction against the person who caused the injury by
        violating this section.
            (2) Remedies.--A court in which such civil action has been
        brought may award damages of not more than $11,000 for each
        violation of this section with respect to the plaintiff's
        customer proprietary network information.
            (3) Treble damages.--If the court finds that the defendant
        willfully or knowingly violated this section or the regulations
        prescribed under this section, the court may, in its
        discretion, increase the amount of the award to not more than 3
        times the damages determined by the court under paragraph (2).
            (4) Inflation adjustment.--The $11,000 amount in paragraph
        (2) shall be adjusted for inflation as if it were a civil
        monetary penalty, as defined in section 3(2) of the Federal
        Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C.
        2461 note).
    (e) Civil Penalty.--
            (1) In general.--Any person who violates this section shall
        be subject to a civil penalty of not more than $11,000 for each
        violation or each day of a continuing violation, except that
        the amount assessed for any continuing violation shall not
        exceed a total of $11,000,000 for any single act or failure to
        act.
            (2) Separate violations.--A violation of this section with
        respect to the customer proprietary network information of 1
        person shall be treated as a separate violation from a
        violation with respect to the customer proprietary network
        information of any other person.
    (f) Limitation.--Nothing in this Act or section 222 of the
Communications Act of 1934 (47 U.S.C. 222) authorizes a customer to
bring a civil action against a telecommunications carrier or an IP-
enabled voice service provider.
    (g) Definitions.--In this section:
            (1) Customer proprietary network information.--The term
        ``customer proprietary network information'' has the meaning
        given that term by--
                    (A) section 222(i)(1) of the Communications Act of
                1934 (47 U.S.C. 222(i)(1)) with respect to
                telecommunications carriers; and
                    (B) section 715(b)(1) of such Act with respect to
                IP-enabled voice service providers.
            (2) IP-enabled voice service.--The term ``IP-enabled voice
        service'' means the provision of real-time 2-way voice
        communications offered to the public, or such classes of users
        as to be effectively available to the public, transmitted
        through customer premises equipment using TCP/IP protocol, or a
        successor protocol, for a fee (whether part of a bundle of
        services or separately) with interconnection capability such
        that the service can originate traffic to, or terminate traffic
        from, the public switched telephone network.
            (3) Telecommunications carrier.--The term
        ``telecommunications carrier'' has the meaning given it by
        section 3(44) of the Communications Act of 1934 (47 U.S.C.
        3(44)).

SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES.

    (a) In General.--Within 180 days after the date of enactment of
this Act, the Federal Communications Commission shall--
            (1) revise or supplement its regulations, to the extent the
        Commission determines it is necessary, to require a
        telecommunications carrier or IP-enabled voice service provider
        to protect--
                    (A) the security and confidentiality of customer
                proprietary network information (as defined in section
                222(i)(1) of the Communications Act of 1934 (47 U.S.C.
                222(i)(1)) or as defined in section 715(b)(1) of such
                Act with respect to IP-enabled voice service
                providers);
                    (B) customer proprietary network information
                against any anticipated threats or hazards to its
                security or confidentiality; and
                    (C) customer proprietary network information from
                unauthorized access or use that could result in
                substantial harm or inconvenience to its customers; and
            (2) ensure that any revised or supplemental regulations are
        similar in scope and structure to the Federal Trade
        Commission's regulations in part 314 of title 16, Code of
        Federal Regulations, as such regulations are in effect on the
        date of enactment of this Act, taking into consideration the
        differences between financial information and customer
        proprietary network information.
    (b) Compliance Certification.--Each telecommunications carrier and
IP-enabled voice service provider to which the regulations under
subsection (a) and section 222 or 715 of the Communications Act of 1934
apply shall file with the Commission annually a certification that, for
the period covered by the filing, it has been in compliance with those
requirements.

SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER
              ENTITIES.

    (a) Penalties.--Title V of the Communications Act of 1934 (47
U.S.C. 501 et seq.) is amended by inserting after section 508 the
following:

``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK
              INFORMATION VIOLATIONS.

    ``(a) Civil Forfeiture.--
            ``(1) In general.--Any person determined by the Commission,
        in accordance with paragraphs (3) and (4) of section 503(b), to
        have violated section 2 of the Protecting Consumer Phone
        Records Act shall be liable to the United States for a
        forfeiture penalty. A forfeiture penalty under this subsection
        shall be in addition to any other penalty provided for by this
        Act. The amount of the forfeiture penalty determined under this
        subsection shall not exceed $30,000 for each violation, or 3
        times that amount for each day of a continuing violation,
        except that the amount assessed for any continuing violation
        shall not exceed a total of $3,000,000 for any single act or
        failure to act.
            ``(2) Recovery.--Any forfeiture penalty determined under
        paragraph (1) shall be recoverable pursuant to section 504(a)
        of this Act.
            ``(3) Procedure.--No forfeiture liability shall be
        determined under paragraph (1) against any person unless such
        person receives the notice required by section 503(b)(3) or
        section 503(b)(4) of this Act.
            ``(4) 2-year statute of limitations.--No forfeiture penalty
        shall be determined or imposed against any person under
        paragraph (1) if the violation charged occurred more than 2
        years prior to the date of issuance of the required notice or
        notice or apparent liability.''.
    (b) Extension of Confidentiality Requirements to IP-Enabled Voice
Service Providers.--
            (1) In general.--Title VII of the Communications Act of
        1934 (47 U.S.C. 601 et seq.) is amended by adding at the end
        thereof the following:

``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY
              IP-ENABLED VOICE SERVICE PROVIDERS.

    ``(a) In General.--
            ``(1) General duty of confidentiality.--An IP-enabled voice
        service provider has a duty to protect the confidentiality of
        proprietary information of, and relating to, other IP-enabled
        voice service providers, telecommunications carriers, equipment
        manufacturers, and customers, including telecommunications
        carriers reselling telecommunications services provided by
        another telecommunications carrier or an IP-enabled voice
        service provider.
            ``(2) Carrier information.--An IP-enabled voice service
        provider that receives or obtains proprietary information from
        a telecommunications carrier or another IP-enabled voice
        service provider for purposes of providing any
        telecommunications service shall use such information only for
        such purpose, and shall not use such information for its own
        marketing efforts.
            ``(3) Customer proprietary network information.--Within 90
        days after the date of enactment of the Protecting Consumer
        Phone Records Act, the Commission shall initiate a rulemaking
        proceeding to apply the requirements of section 222, and
        regulations thereunder, to IP-enabled voice service providers
        to the same extent, in the same manner, and subject to the same
        penalties for failure to comply with those requirements as are
        applicable to telecommunications carriers.
    ``(b) Definitions.--In this section:
            ``(1) Customer proprietary network information.--The term
        `customer proprietary network information' has the meaning
        given that term by section 222(i) of this Act, except that--
                    ``(A) the reference in section 222(i)(1)(B) of this
                Act to telephone exchange service or telephone toll
                service shall be considered to refer also to IP-enabled
                voice service; and
                    ``(B) it does not include information that is
                related to non-voice service features bundled with IP-
                enabled voice service.
            ``(2) IP-enabled voice service.--The term ``IP-enabled
        voice service'' means the provision of real-time 2-way voice
        communications offered to the public, or such classes of users
        as to be effectively available to the public, transmitted
        through customer premises equipment using IP protocol, or a
        successor protocol, for a fee (whether part of a bundle of
        services or separately) with interconnection capability such
        that the service can originate traffic to, or terminate traffic
        from, the public switched telephone network.
            ``(3) Other terms.--Except as provided in paragraph (1),
        any term used in subsection (a) that is defined or used in
        section 222 of this Act has the same meaning as when used in
        that section.''.
            (2) Duty of telecommunications carriers with respect to
        cpni from ip-enabled voice service providers.--Section 222(a)
        of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended
        by inserting after ``carrier.'' the following: ``A
        telecommunications carrier has the same duties under this
        section with respect to the confidentiality of proprietary
        information of, or relating to, an IP-enabled voice service
        provider, and with respect to customer proprietary network
        information received or obtained from an IP-enabled voice
        service provider, as it has under this section with respect to
        another telecommunications carrier.''.
    (c) Telecommunications Carrier Notification Requirement.--Section
222 of the Communications Act of 1934 (47 U.S.C. 222), is amended--
            (1) by redesignating subsection (h) as subsection (i);
            (2) by inserting after subsection (g) the following new
        subsection:
    ``(h) Notice of Violations.--
            ``(1) In general.--The Commission shall by regulation
        require each telecommunications carrier to notify a customer
        within 14 calendar days after the carrier or provider is
        notified of, or becomes aware of, an incident in which customer
        proprietary network information relating to such customer was
        disclosed to someone other than the customer in violation of
        this section or section 2 of the Protecting Consumer Phone
        Records Act.
            ``(2) Law enforcement and homeland security related
        delays.--Notwithstanding paragraph (1), a telecommunications
        carrier may delay the required notification for a reasonable
        period of time if--
                    ``(A) a Federal or State law enforcement agency
                determines that giving notice within the 14-day period
                would materially impede a civil or criminal
                investigation; or
                    ``(B) a Federal national security agency or the
                Department of Homeland Security determines that giv

Output:
Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent; (2) represent that another person has consented in order to acquire such information; (3) obtain unauthorized access to certain systems or records in order to acquire such information; (4) sell or offer for sale such information; or (5) request that another person unlawfully obtain such information.

Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act.

Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information.

Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information.

Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements.

Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law.

Requires public education about the protection afforded such information.


Input:
SECTION 1. MODIFICATION OF MONTH OF DEATH BENEFIT FOR SURVIVING SPOUSES
              OF VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR
              PENSION.

    (a) Surviving Spouse Benefit for Month of Veteran's Death.--
Subsections (a) and (b) of section 5310 of title 38, United States
Code, are amended to read as follows:
    ``(a) In General.--(1) A surviving spouse of a veteran is entitled
to a benefit for the month of the veteran's death if at the time of the
veteran's death--
            ``(A) the veteran was receiving compensation or pension
        under chapter 11 or 15 of this title; or
            ``(B) the veteran was not receiving compensation or pension
        under chapter 11 or 15 of this title but the veteran had a
        claim pending for the month of the veteran's death for which
        benefits would have been payable under chapter 11 or 15 of this
        title had the veteran not died.
    ``(2) The amount of benefit under paragraph (1) is the amount that
the veteran would have received under chapter 11 or 15 of this title
for the month of the veteran's death had the veteran not died.
    ``(3) Any benefits payable under this section on behalf of a
veteran who was not in receipt of such benefits as of the month of the
veteran's death shall be paid to the surviving spouse as accrued
benefits.
    ``(b) Claims Pending Adjudication.--If a claim for entitlement to
compensation or additional compensation under chapter 11 of this title
or pension or additional pension under chapter 15 of this title is
pending at the time of a veteran's death and the check or other payment
issued to the veteran's surviving spouse under subsection (a) is less
than the amount of the benefit the veteran would have been entitled to
for the month of death pursuant to the adjudication of the pending
claim, an amount equal to the difference between the amount to which
the veteran would have been entitled to receive under chapter 11 or 15
of this title for the month of the veteran's death had the veteran not
died and the amount of the check or other payment issued to the
surviving spouse shall be treated in the same manner as an accrued
benefit under section 5121 of this title.''.
    (b) Month of Death Benefit Exempt From Delayed Commencement of
Payment.--Section 5111(c)(1) of such title is amended by striking
``apply to'' and all that follows through ``death occurred'' and
inserting the following: ``not apply to payments made pursuant to
section 5310 of this title''.
    (c) Prohibition on Requests for Return of Certain Checks and
Payments.--In the case of a surviving spouse who was a dependent with
respect to whom additional compensation for dependents was payable
under section 1115 of title 38, United States Code, or additional
pension as a married veteran under chapter 15 of such title, as of the
date of the veteran's death, if a check or other payment issued to the
veteran as a benefit payment under chapter 11 or 15 of title 38, United
States Code, for the month in which death occurs is negotiated,
deposited, or otherwise accessed by the surviving spouse--
            (1) the check or payment shall be considered to be the
        benefit payable to the surviving spouse under section
        5310(a)(1) of title 38, United States Code (as amended by
        subsection (a)), to the extent that the check or payment equals
        the amount which would otherwise be payable under such section;
        and
            (2) the Secretary may not require the surviving spouse to
        return the check or payment.
    (d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to deaths that occur on or after that date.

SEC. 2. ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES OF
              INDIVIDUALS WHO DIE WHILE SERVING IN THE ACTIVE MILITARY,
              NAVAL, OR AIR SERVICE.

    Section 112 of title 38, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a)(1) At the request of the President, the Secretary may conduct
a program for honoring the memory of covered individuals by preparing
and sending to eligible recipients a certificate bearing the signature
of the President and expressing the country's recognition of the
covered individual's service in the Armed Forces.
    ``(2) The award of a certificate to one eligible recipient shall
not preclude authorization of another certificate if a request is
received from some other eligible recipient.'';
            (2) by redesignating subsections (b) and (c) as subsections
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following new
        subsection (b):
    ``(b) For purposes of this section, a covered individual is any of
the following:
            ``(1) A deceased veteran discharged under honorable
        conditions.
            ``(2) An individual who dies while serving in the active
        military, naval, or air service.''.

SEC. 3. MODIFICATION TO AUTHORIZE SATISFACTION OF OCCUPANCY REQUIREMENT
              ON PROPERTY FINANCED WITH HOUSING LOAN BENEFITS FOR
              VETERANS BY OCCUPANCY OF DEPENDENT CHILDREN.

    Paragraph (2) of section 3704(c) of title 38, United States Code,
is amended to read as follows:
    ``(2) In any case in which a veteran is in active duty status as a
member of the Armed Forces and is unable to occupy a property because
of such status, the occupancy requirements of this chapter shall be
considered to be satisfied if--
            ``(A) the veteran's spouse occupies or intends to occupy
        the property as a home and the spouse makes the certification
        required by paragraph (1); or
            ``(B) the veteran's dependent child occupies or will occupy
        the property as a home and the veteran's attorney-in-fact or a
        legal guardian of the veteran's dependent child makes the
        certification required by paragraph (1).''.

SEC. 4. COVENANTS AND LIENS CREATED BY PUBLIC ENTITIES IN RESPONSE TO
              DISASTER-RELIEF ASSISTANCE.

    Paragraph (3) of section 3703(d) of title 38, United States Code,
is amended to read as follows:
    ``(3)(A) Any real estate housing loan (other than for repairs,
alterations, or improvements) shall be secured by a first lien on the
realty. In determining whether a loan is so secured, the Secretary may
either disregard or allow for subordination to a superior lien created
by a duly recorded covenant running with the realty in favor of--
            ``(i) a public entity that has provided or will provide
        assistance in response to a major disaster as declared by the
        President under section 401 of the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5170); or
            ``(ii) a private entity to secure an obligation to such
        entity for the homeowner's share of the costs of the
        management, operation, or maintenance of property, services, or
        programs within and for the benefit of the development or
        community in which the veteran's realty is located, if the
        Secretary determines that the interests of the veteran borrower
        and of the Government will not be prejudiced by the operation
        of such covenant.
    ``(B) With respect to any superior lien described in subparagraph
(A) created after June 6, 1969, the Secretary's determination under
clause (ii) of such subparagraph must have been made prior to the
recordation of the covenant.''.

Output:
Entitles a surviving spouse to a benefit for the month of a veteran's death if, at the time of the veteran's death: (1) the veteran was receiving veterans' disability compensation or veteran's pension, or (2) the veteran was not receiving such compensation or pension but had a claim pending for the month of the veteran's death for which benefits would have been payable had the veteran not died. Prohibits the Secretary of Veterans Affairs (VA) from requesting the return of a check or payment made to a surviving spouse, in the month in which the veteran's death occurs, as additional compensation for a dependent or additional pension as a married veteran.

Includes under the VA's presidential memorial certificate program (a program presenting a presidential certificate of appreciation for service in the Armed Forces) an individual who dies during active service.

Considers a veteran who is unable to occupy a home because of active-duty status to have satisfied the occupancy requirement relating to housing financed through the VA if the veteran's dependent child is occupying or will occupy the home and the veteran's attorney or a legal guardian of the dependent child makes the VA-required occupancy certification.

Authorizes the VA to guarantee a veterans' housing loan regardless of whether such loan is subordinate to a lien created in favor of a public entity that provides assistance in response to a major disaster.