Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Security Act of 2003''.

SEC. 2. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
            (1) by redesignating subsection jj. as subsection ii.; and
            (2) by adding at the end the following:
    ``jj. Design Basis Threat.--The term `design basis threat' means
the design basis threat established by the Commission under section
73.1 of title 10, Code of Federal Regulations (or any successor
regulation developed under section 170C).
    ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear
facility' means--
            ``(1) a commercial nuclear power plant and associated spent
        fuel storage facility;
            ``(2) a decommissioned nuclear power plant and associated
        spent fuel storage facility;
            ``(3) a category I fuel cycle facility;
            ``(4) a gaseous diffusion plant; and
            ``(5) any other facility licensed by the Commission, or
        used in the conduct of an activity licensed by the Commission,
        that the Commission determines should be treated as a sensitive
        nuclear facility under section 170C.''.

SEC. 3. NUCLEAR SECURITY.

    (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:

``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE
              DESIGN BASIS THREAT.

    ``(a) Definitions.--In this section:
            ``(1) Nuclear security force.--The term `nuclear security
        force' means the nuclear security force established under
        subsection (b)(1).
            ``(2) Fund.--The term `Fund' means the Nuclear Security
        Fund established under subsection (e).
            ``(3) Qualification standard.--The term `qualification
        standard' means a qualification standard established under
        subsection (d)(2)(A).
            ``(4) Security plan.--The term `security plan' means a
        security plan developed under subsection (b)(2).
    ``(b) Nuclear Security.--The Commission shall--
            ``(1) establish a nuclear security force, the members of
        which shall be employees of the Commission, to provide for the
        security of all sensitive nuclear facilities against the design
        basis threat; and
            ``(2) develop and implement a security plan for each
        sensitive nuclear facility to ensure the security of all
        sensitive nuclear facilities against the design basis threat.
    ``(c) Security Plans.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this section, the Commission shall develop a
        security plan for each sensitive nuclear facility to ensure the
        protection of each sensitive nuclear facility against the
        design basis threat.
            ``(2) Elements of the plan.--A security plan shall
        prescribe--
                    ``(A) the deployment of the nuclear security force,
                including--
                            ``(i) numbers of the members of the nuclear
                        security force at each sensitive nuclear
                        facility;
                            ``(ii) tactics of the members of the
                        nuclear security force at each sensitive
                        nuclear facility; and
                            ``(iii) capabilities of the members of the
                        nuclear security force at each sensitive
                        nuclear facility;
                    ``(B) other protective measures, including--
                            ``(i) designs of critical control systems
                        at each sensitive nuclear facility;
                            ``(ii) restricted personnel access to each
                        sensitive nuclear facility;
                            ``(iii) perimeter site security, internal
                        site security, and fire protection barriers;
                            ``(iv) increases in protection for spent
                        fuel storage areas;
                            ``(v) placement of spent fuel in dry cask
                        storage; and
                            ``(vi) background security checks for
                        employees and prospective employees; and
                    ``(C) a schedule for completing the requirements of
                the security plan not later than 18 months after the
                date of enactment of this section.
            ``(3) Additional requirements.--A holder of a license for a
        sensitive nuclear facility under section 103 or 104 or the
        State or local government in which a sensitive nuclear facility
        is located may petition the Commission for additional
        requirements in the security plan for the sensitive nuclear
        facility.
            ``(4) Implementation of security plan.--Not later than 270
        days after the date of enactment of this section, the
        Commission, in consultation with a holder of a license for a
        sensitive nuclear facility under section 103 or 104, shall, by
        direct action of the Commission or by order requiring action by
        the licensee, implement the security plan for the sensitive
        nuclear facility in accordance with the schedule under
        paragraph (2)(C).
            ``(5) Sufficiency of security plan.--If at any time the
        Commission determines that the implementation of the
        requirements of the security plan for a sensitive nuclear
        facility is insufficient to ensure the security of the
        sensitive nuclear facility against the design basis threat, the
        Commission shall immediately submit to Congress and the
        President a classified report that--
                    ``(A) identifies the vulnerability of the sensitive
                nuclear facility; and
                    ``(B) recommends actions by Federal, State, or
                local agencies to eliminate the vulnerability.
    ``(d) Nuclear Security Force.--
            ``(1) In general.--Not later than 90 days after the date of
        the enactment of this section, the Commission, in consultation
        with other Federal agencies, as appropriate, shall establish a
        program for the hiring and training of the nuclear security
        force.
            ``(2) Hiring.--
                    ``(A) Qualification standards.--Not later than 30
                days after the date of enactment of this section, the
                Commission shall establish qualification standards that
                individuals shall be required to meet to be hired by
                the Commission as members of the nuclear security
                force.
                    ``(B) Examination.--The Commission shall develop
                and administer a nuclear security force personnel
                examination for use in determining the qualification of
                individuals seeking employment as members of the
                nuclear security force.
                    ``(C) Criminal and security background checks.--The
                Commission shall require that an individual to be hired
                as a member of the nuclear security force undergo a
                criminal and security background check.
                    ``(D) Disqualification of individuals who present
                national security risks.--The Commission, in
                consultation with the heads of other Federal agencies,
                as appropriate, shall establish procedures, in addition
                to any background check conducted under subparagraph
                (B), to ensure that no individual who presents a threat
                to national security is employed as a member of the
                nuclear security force.
            ``(3) Annual proficiency review.--
                    ``(A) In general.--The Commission shall provide
                that an annual evaluation of each member of the nuclear
                security force is conducted and documented.
                    ``(B) Requirements for continuation.--An individual
                employed as a member of the nuclear security force may
                not continue to be employed in that capacity unless the
                evaluation under subparagraph (A) demonstrates that the
                individual--
                            ``(i) continues to meet all qualification
                        standards;
                            ``(ii) has a satisfactory record of
                        performance and attention to duty; and
                            ``(iii) has the knowledge and skills
                        necessary to vigilantly and effectively provide
                        for the security of a sensitive nuclear
                        facility against the design basis threat.
            ``(4) Training.--
                    ``(A) In general.--The Commission shall provide for
                the training of each member of the nuclear security
                force to ensure each member has the knowledge and
                skills necessary to provide for the security of a
                sensitive nuclear facility against the design basis
                threat.
                    ``(B) Training plan.--Not later than 60 days after
                the date of enactment of this section, the Commission
                shall develop a plan for the training of members of the
                nuclear security force.
                    ``(C) Use of other agencies.--The Commission may
                enter into a memorandum of understanding or other
                arrangement with any other Federal agency with
                appropriate law enforcement responsibilities, to
                provide personnel, resources, or other forms of
                assistance in the training of members of the nuclear
                security force.
    ``(e) Nuclear Security Fund.--
            ``(1) Establishment.--There is established in the Treasury
        of the United States a fund to be known as the `Nuclear
        Security Fund', which shall be used by the Commission to
        administer programs under this section to provide for the
        security of sensitive nuclear facilities.
            ``(2) Deposits in the fund.--The Commission shall deposit
        in the Fund--
                    ``(A) the amount of fees collected under paragraph
                (5); and
                    ``(B) amounts appropriated under subsection (f).
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury
                shall invest such portion of the Fund as is not, in the
                judgment of the Secretary of the Treasury, required to
                meet current withdrawals. Investments may be made only
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose
                of investments under subparagraph (A), obligations may
                be acquired--
                            ``(i) on original issue at the issue price;
                        or
                            ``(ii) by purchase of outstanding
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired
                by the Fund may be sold by the Secretary of the
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the
                proceeds from the sale or redemption of, any
                obligations held in the Fund shall be credited to and
                form a part of the Fund.
            ``(4) Use of amounts in the fund.--The Commission shall use
        amounts in the Fund to pay the costs of--
                    ``(A) salaries, training, and other expenses of the
                nuclear security force; and
                    ``(B) developing and implementing security plans.
            ``(5) Fee.--To ensure that adequate amounts are available
        to provide assistance under paragraph (4), the Commission shall
        assess licensees a fee in an amount determined by the
        Commission.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
    (b) Implementation.--The Commission shall complete the full
implementation of the amendment made by subsection (a) as soon as
practicable after the date of enactment of this Act, but in no event
later than 270 days after the date of enactment of this Act.
    (c) Technical and Conforming Amendment.--The table of contents for
chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is
amended by adding at the end the following:

``170B. Uranium supply.
``170C. Protection of sensitive nuclear facilities against the design
                            basis threat.''.

Output:
Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat; and (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat.

Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility.

Requires the NRC to establish a hiring and training program for the nuclear security force.

Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Medical School
Accountability Fairness Act of 2013''.

SEC. 2. PURPOSE.

    To establish consistent eligibility requirements for graduate
medical schools operating outside of the United States and Canada in
order to increase accountability and protect American students and
taxpayer dollars.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Three for-profit schools in the Caribbean receive more
        than two-thirds of all Federal funding under title IV of the
        Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes
        to students enrolled at foreign graduate medical schools,
        despite those three schools being exempt from meeting the same
        eligibility requirements as the majority of graduate medical
        schools located outside of the United States and Canada.
            (2) The National Committee on Foreign Medical Education and
        Accreditation and the Department of Education recommend that
        all foreign graduate medical schools should be required to meet
        the same eligibility requirements to participate in Federal
        funding under title IV of the Higher Education Act of 1965 (20
        U.S.C. 1070 et seq.) and see no rationale for excluding certain
        schools.
            (3) The attrition rate at United States medical schools
        averaged 3 percent for the class beginning in 2009 while rates
        at for-profit Caribbean schools have reached 26 percent or
        higher.
            (4) In 2013, residency match rates for foreign trained
        graduates averaged 53 percent compared to 94 percent for
        graduates of medical schools in the United States.
            (5) On average, students at for-profit medical schools
        operating outside of the United States and Canada amass more
        student debt than those at medical schools in the United
        States.

SEC. 4. REPEAL GRANDFATHER PROVISIONS.

    Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)(2)) is amended--
            (1) in subparagraph (A), by striking clause (i) and
        inserting the following:
                            ``(i) in the case of a graduate medical
                        school located outside the United States--
                                    ``(I) at least 60 percent of those
                                enrolled in, and at least 60 percent of
                                the graduates of, the graduate medical
                                school outside the United States were
                                not persons described in section
                                484(a)(5) in the year preceding the
                                year for which a student is seeking a
                                loan under part D of title IV; and
                                    ``(II) at least 75 percent of the
                                individuals who were students or
                                graduates of the graduate medical
                                school outside the United States or
                                Canada (both nationals of the United
                                States and others) taking the
                                examinations administered by the
                                Educational Commission for Foreign
                                Medical Graduates received a passing
                                score in the year preceding the year
                                for which a student is seeking a loan
                                under part D of title IV;''; and
            (2) in subparagraph (B)(iii), by adding at the end the
        following:
                                    ``(V) Expiration of authority.--The
                                authority of a graduate medical school
                                described in subclause (I) to qualify
                                for participation in the loan programs
                                under part D of title IV pursuant to
                                this clause shall expire beginning on
                                the first July 1 following the date of
                                enactment of the Foreign Medical School
                                Accountability Fairness Act of 2013.''.

SEC. 5. LOSS OF ELIGIBILITY.

    If a graduate medical school loses eligibility to participate in
the loan programs under part D of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the
amendments made by section 4, then a student enrolled at such graduate
medical school on or before the date of enactment of this Act may,
notwithstanding such loss of eligibility, continue to be eligible to
receive a loan under such part D while attending such graduate medical
school in which the student was enrolled upon the date of enactment of
this Act, subject to the student continuing to meet all applicable
requirements for satisfactory academic progress, until the earliest
of--
            (1) withdrawal by the student from the graduate medical
        school;
            (2) completion of the program of study by the student at
        the graduate medical school; or
            (3) the fourth June 30 after such loss of eligibility.

Output: Foreign Medical School Accountability Fairness Act of 2013 - Amends the Higher Education Act of 1965 to eliminate the exemption of certain foreign medical schools from the prohibition on foreign medical schools participating in the William D. Ford Federal Direct Loan program, unless:  at least 60% of those enrolled in, and at least 60% of the graduates of, the foreign medical school during the preceding year were not citizens, nationals, or permanent residents of the United States or were not in the United States with the intention of becoming citizens or permanent residents; and at least 75% of students or graduates of the medical school located outside the United States or Canada who took the examinations administered by the Educational Commission for Foreign Medical Graduates in the preceding year received a passing score.  Preserves the Direct Loan eligibility of students who were enrolled at schools excepted from that prohibition on or before the date of this Act's enactment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Protection Act of 1997''.

SEC. 2. ESTABLISHMENT OF MORE INDEPENDENT OFFICE OF THE TAXPAYER
              ADVOCATE.

    (a) In General.--Paragraph (1) of section 7802(d) of the Internal
Revenue Code of 1986 (relating to Office of Taxpayer Advocate) is
amended to read as follows:
            ``(1) Establishment.--
                    ``(A) In general.--There is established in the
                Internal Revenue Service an office to be known as the
                `Office of the Taxpayer Advocate'.
                    ``(B) National taxpayer advocate.--
                            ``(i) In general.--The Office of the
                        Taxpayer Advocate shall be under the
                        supervision and direction of an official to be
                        known as the `National Taxpayer Advocate'. The
                        National Taxpayer Advocate shall report
                        directly to the Commissioner of Internal
                        Revenue and shall be entitled to compensation
                        at the same rate as the highest level official
                        reporting directly to the Commissioner of the
                        Internal Revenue Service.
                            ``(ii) Appointment.--The National Taxpayer
                        Advocate shall be appointed by the President,
                        by and with the advice and consent of the
                        Senate, from among individuals with a
                        background in customer service, as well as tax
                        law. No officer or employee of the Internal
                        Revenue Service may be appointed to such
                        position in order to ensure an independent
                        position to represent taxpayers' interests.''.
    (b) Annual Reports and Additional Responsibilities.--Section
7802(d)(2) of the Internal Revenue Code of 1986 (relating to functions
of office) is amended by striking subparagraph (B) and inserting the
following:
                    ``(B) Annual reports.--
                            ``(i) Objectives.--Not later than June 30
                        of each calendar year, the National Taxpayer
                        Advocate shall report to the Committee on Ways
                        and Means of the House of Representatives and
                        the Committee on Finance of the Senate on the
                        objectives of the Office of the Taxpayer
                        Advocate for the fiscal year beginning in such
                        calendar year. Any such report shall contain
                        full and substantive analysis, in addition to
                        statistical information.
                            ``(ii) Activities.--Not later than December
                        31 of each calendar year, the National Taxpayer
                        Advocate shall report to the Committee on Ways
                        and Means of the House of Representatives and
                        the Committee on Finance of the Senate on the
                        activities of the Office of the Taxpayer
                        Advocate during the fiscal year ending during
                        such calendar year. Any such report shall
                        contain full and substantive analysis, in
                        addition to statistical information, and
                        shall--
                                    ``(I) identify the initiatives the
                                Office of the Taxpayer Advocate has
                                taken on improving taxpayer services
                                and Internal Revenue Service
                                responsiveness,
                                    ``(II) contain recommendations
                                received from individuals with the
                                authority to issue Taxpayer Assistance
                                Orders under section 7811,
                                    ``(III) contain a summary of at
                                least 20 of the most serious problems
                                encountered by taxpayers, including a
                                description of the nature of such
                                problems,
                                    ``(IV) contain an inventory of the
                                items described in subclauses (I),
                                (II), and (III) for which action has
                                been taken and the result of such
                                action,
                                    ``(V) contain an inventory of the
                                items described in subclauses (I),
                                (II), and (III) for which action
                                remains to be completed and the period
                                during which each item has remained on
                                such inventory,
                                    ``(VI) contain an inventory of the
                                items described in subclauses (I),
                                (II), and (III) for which no action has
                                been taken, the period during which
                                each item has remained on such
                                inventory, the reasons for the
                                inaction, and identify any Internal
                                Revenue Service official who is
                                responsible for such inaction,
                                    ``(VII) identify any Taxpayer
                                Assistance Order which was not honored
                                by the Internal Revenue Service in a
                                timely manner, as specified under
                                section 7811(b),
                                    ``(VIII) contain recommendations
                                for such administrative and legislative
                                action as may be appropriate to resolve
                                problems encountered by taxpayers,
                                    ``(IX) identify areas of the tax
                                law that impose significant compliance
                                burdens on taxpayers or the Internal
                                Revenue Service, including specific
                                recommendations for remedying these
                                problems,
                                    ``(X) identify the 10 most
                                litigated issues for each category of
                                taxpayers, including recommendations
                                for mitigating such disputes, and
                                    ``(XI) include such other
                                information as the National Taxpayer
                                Advocate may deem advisable.
                            ``(iii) Report to be submitted directly.--
                        Each report required under this subparagraph
                        shall be provided directly to the Committees
                        described in clauses (i) and (ii) without any
                        prior review or comment from the Commissioner,
                        the Secretary of the Treasury, any other
                        officer or employee of the Department of the
                        Treasury, or the Office of Management and
                        Budget.
                    ``(C) Other responsibilities.--The National
                Taxpayer Advocate shall--
                            ``(i) monitor the coverage and geographic
                        allocation of local taxpayer advocates,
                            ``(ii) develop guidance to be distributed
                        to all Internal Revenue Service officers and
                        employees outlining the criteria for referral
                        of taxpayer inquiries to local taxpayer
                        advocates,
                            ``(iii) ensure that the local telephone
                        number for the local taxpayer advocate in each
                        Internal Revenue Service district is published
                        and available to taxpayers, and
                            ``(iv) in conjunction with the
                        Commissioner, develop career paths for local
                        taxpayer advocates choosing to make a career in
                        the Office of the Taxpayer Advocate.''.
    (c) National Oversight of Local Offices.--Section 7802(d)(2) of the
Internal Revenue Code of 1986 (relating to functions of office), as
amended by subsection (b), is amended by adding at the end the
following:
                    ``(D) Personnel actions.--
                            ``(i) Heads of local offices.--The National
                        Taxpayer Advocate shall have the responsibility
                        to--
                                    ``(I) appoint and dismiss the local
                                taxpayer advocate heading the office of
                                the taxpayer advocate at each Internal
                                Revenue Service district office and
                                service center, and
                                    ``(II) evaluate and take personnel
                                actions with respect to any employee of
                                an office of the taxpayer advocate
                                described in subclause (I).
                            ``(ii) Consultation.--The National Taxpayer
                        Advocate may consult with the head of any
                        Internal Revenue Service district office or
                        service center in carrying out the National
                        Taxpayer Advocate's responsibilities under this
                        subparagraph.''.
    (d) Operation of Local Offices.--Section 7802(d) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
            ``(4) Operation of local offices.--
                    ``(A) In general.--Each local taxpayer advocate--
                            ``(i) shall report directly to the National
                        Taxpayer Advocate,
                            ``(ii) may consult with the head of the
                        Internal Revenue Service district office
or service center which the local taxpayer advocate serves regarding
the daily operation of the office of the taxpayer advocate,
                            ``(iii) shall, at the initial meeting with
                        any taxpayer seeking the assistance of the
                        office of the taxpayer advocate, notify such
                        taxpayer that the office operates independently
                        of any Internal Revenue Service district office
                        or service center and reports directly to
                        Congress through the National Taxpayer
                        Advocate, and
                            ``(iv) shall, at the taxpayer advocate's
                        discretion, not disclose to the Internal
                        Revenue Service contact with, or information
                        provided by, such taxpayer.
                    ``(B) Maintenance of independent communications.--
                Each local office of the taxpayer advocate shall
                maintain separate phone, facsimile, and other
                electronic communication access, and a separate post
                office address from the Internal Revenue Service
                district office or service center which it serves.''.
    (e) Notice of Right To Contact Office Included in Notice of
Deficiency.--Section 6212(a) of the Internal Revenue Code of 1986
(relating to notice of deficiency) is amended by adding at the end the
following: ``Such notice shall include a notice to the taxpayer of the
taxpayer's right to contact a local office of the taxpayer advocate and
the location and phone number of the nearest office.''.
    (f) Expansion of Authority To Issue Taxpayer Assistance Orders.--
Section 7811(a) of the Internal Revenue Code of 1986 (relating to
taxpayer assistance orders) is amended--
            (1) by striking ``Upon application'' and inserting the
        following:
            ``(1) In general.--Upon application'',
            (2) by moving the text 2 ems to the right, and
            (3) by adding at the end the following new paragraph:
            ``(2) Determination of hardship.--For purposes of
        determining whether a taxpayer is suffering or about to suffer
        a significant hardship, the National Taxpayer Advocate should
        consider--
                    ``(A) whether the Internal Revenue Service employee
                to which such order would issue is following applicable
                published administrative guidance, including the
                Internal Revenue Manual,
                    ``(B) whether there is an immediate threat of
                adverse action,
                    ``(C) whether there has been a delay of more than
                30 days in resolving taxpayer account problems, and
                    ``(D) the prospect that the taxpayer will have to
                pay significant professional fees for
                representation.''.
    (g) Conforming Amendments.--
            (1) The following provisions of the Internal Revenue Code
        of 1986 are each amended by striking ``Taxpayer Advocate'' each
        place it appears and inserting ``National Taxpayer Advocate'':
                    (A) Section 6323(j)(1)(D) (relating to withdrawal
                of notice in certain circumstances).
                    (B) Section 6343(d)(2)(D) (relating to return of
                property in certain cases).
                    (C) Section 7802(d)(3) (relating to
                responsibilities of Commissioner).
                    (D) Section 7811(a)(1) (relating to authority to
                issue), as amended by subsection (f).
                    (E) Section 7811(b)(2)(D) (relating to terms of a
                Taxpayer Assistance Order).
                    (F) Section 7811(c) (relating to authority to
                modify or rescind).
                    (G) Section 7811(d)(2) (relating to suspension of
                running of period of limitation).
                    (H) Section 7811(e) (relating to independent action
                of Taxpayer Advocate).
                    (I) Section 7811(f) (relating to Taxpayer
                Advocate).
            (2) Section 7811(d)(1) of such Code (relating to suspension
        of running of period of limitation) is amended by striking
        ``Taxpayer Advocate's'' and inserting ``National Taxpayer
        Advocate's''.
            (3) The headings of subsections (e) and (f) of section 7802
        of such Code are each amended by striking ``Taxpayer Advocate''
        and inserting ``National Taxpayer Advocate''.
            (4) The heading of section 7802 of such Code is amended by
        striking ``taxpayer advocate'' and inserting ``national
        taxpayer advocate''.
    (h) Transition Rules Relating to Appointment of National Taxpayer
Advocate.--
            (1) Initial appointment.--The President shall nominate for
        appointment the initial National Taxpayer Advocate to serve as
        head of the Office of the Taxpayer Advocate established under
        section 7208(a) of the Internal Revenue Code of 1986 (as
        amended by this section) not later than 120 days after the date
        of the enactment of this Act.
            (2) Interim role of current taxpayer advocate.--Until an
        individual has taken office under section 7208(a) of such Code
        (as so amended), the Taxpayer Advocate shall assume the
        additional powers and duties of the National Taxpayer Advocate
        under the amendments made by this section.
    (i) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

Output:
Taxpayer Protection Act of 1997 - Amends the Internal Revenue Code to revise provisions concerning of the Office of the Taxpayer Advocate. Places such office under the direction of the National Taxpayer Advocate, who shall be appointed by the President. (Currently, the Office is under the direction of the Taxpayer Advocate, who is appointed by the Commissioner of Internal Revenue.)
Revises provisions concerning reporting and responsibilities of the Office, including directing the National Taxpayer Advocate to appoint local taxpayer advocates who shall report directly to the National Taxpayer Advocate.
Requires each local taxpayer advocate office to maintain separate phone, facsimile, and other communication access, and a separate post office address from its IRS district office or service center.
Revises provisions concerning the authority to issue taxpayer assistance orders.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Training and Research in Urology
Act of 2004''.

SEC. 2. RESEARCH, TRAINING, AND HEALTH INFORMATION DISSEMINATION WITH
              RESPECT TO UROLOGIC DISEASES.

    (a) Division Director of Urology.--Section 428 of the Public Health
Service Act (42 U.S.C. 285c-2) is amended--
            (1) in subsection (a)(1), by striking ``and a Division
        Director for Kidney, Urologic, and Hematologic Diseases'' and
        inserting ``a Division Director for Urologic Diseases, and a
        Division Director for Kidney and Hematologic Diseases''; and
            (2) in subsection (b)--
                    (A) by striking ``and the Division Director for
                Kidney, Urologic, and Hematologic Diseases'' and
                inserting ``the Division Director for Urologic
                Diseases, and the Division Director for Kidney and
                Hematologic Diseases''; and
                    (B) by striking ``(1) carry out programs'' and all
                that follows through the end and inserting the
                following:
            ``(1) carry out programs of support for research and
        training (other than training for which National Research
        Service Awards may be made under section 487) in the diagnosis,
        prevention, and treatment of diabetes mellitus and endocrine
        and metabolic diseases, digestive diseases and nutritional
        disorders, and kidney, urologic, and hematologic diseases,
        including support for training in medical schools, graduate
        clinical training (with particular attention to programs geared
        to the needs of urology residents and fellows), graduate
        training in epidemiology, epidemiology studies, clinical
        trials, and interdisciplinary research programs;
            ``(2) establish programs of evaluation, planning, and
        dissemination of knowledge related to such research and
        training;
            ``(3) in cooperation with the urologic scientific and
        patient community, develop and submit to the Congress not later
        than January 1, 2006, a national urologic research plan that
        identifies research needs in the various areas of urologic
        diseases, including pediatrics, interstitial cystitis,
        incontinence, stone disease, urinary tract infections, and
        benign prostatic diseases; and
            ``(4) in cooperation with the urologic scientific and
        patient community, review the national urologic research plan
        every 3 years beginning in 2009 and submit to the Congress any
        revisions or additional recommendations.''; and
            (3) at the end of the section, by adding the following:
    ``(c) There are authorized to be appropriated $500,000 for each of
fiscal years 2004 and 2005 to carry out paragraphs (3) and (4) of
subsection (b), and such sums as may be necessary thereafter.''.
    (b) Urologic Diseases Data System and Information Clearinghouse.--
Section 427 of the Public Health Service Act (42 U.S.C. 285c-1) is
amended--
            (1) in subsection (c), by striking the terms ``and
        Urologic'' and ``and urologic'' each place either such term
        appears; and
            (2) by adding at the end the following:
    ``(d) The Director of the Institute shall--
            ``(1) establish the National Urologic Diseases Data System
        for the collection, storage, analysis, retrieval, and
        dissemination of data derived from patient populations with
        urologic diseases, including, where possible, data involving
        general populations for the purpose of detection of individuals
        with a risk of developing urologic diseases; and
            ``(2) establish the National Urologic Diseases Information
        Clearinghouse to facilitate and enhance knowledge and
        understanding of urologic diseases on the part of health
        professionals, patients, and the public through the effective
        dissemination of information.''.
    (c) Strengthening the Urology Interagency Coordinating Committee.--
Section 429 of the Public Health Service Act (42 U.S.C. 285c-3) is
amended--
            (1) in subsection (a), by striking ``and a Kidney,
        Urologic, and Hematologic Diseases Coordinating Committee'' and
        inserting ``a Urologic Diseases Interagency Coordinating
        Committee, and a Kidney and Hematologic Diseases Interagency
        Coordinating Committee'';
            (2) in subsection (b), by striking ``the Chief Medical
        Director of the Veterans' Administration,'' and inserting ``the
        Under Secretary for Health of the Department of Veterans
        Affairs''; and
            (3) by adding at the end the following:
    ``(d) The urology interagency coordinating committee may encourage,
conduct, or support intra- or interagency activities in urology
research, including joint training programs, joint research projects,
planning activities, and clinical trials.
    ``(e) For the purpose of carrying out the activities of the
Urologic Diseases Interagency Coordinating Committee, there are
authorized to be appropriated $5,000,000 for each of fiscal years 2004
through 2008, and such sums as may be necessary thereafter.''.
    (d) National Urologic Diseases Advisory Board.--Section 430 of the
Public Health Service Act (42 U.S.C. 285c-4) is amended by striking
``and the National Kidney and Urologic Diseases Advisory Board'' and
inserting ``the National Urologic Diseases Advisory Board, and the
National Kidney Diseases Advisory Board''.
    (e) Expansion of O'Brien Urologic Disease Research Centers.--
            (1) In general.--Subsection (c) of section 431 of the
        Public Health Service Act (42 U.S.C. 285c-5(c)) is amended in
        the matter preceding paragraph (1) by inserting ``There shall
        be no fewer than 15 such centers focused exclusively on
        research of various aspects of urologic diseases, including
        pediatrics, interstitial cystitis, incontinence, stone disease,
        urinary tract infections, and benign prostatic diseases.''
        before ``Each center developed''.
            (2) Authorization of appropriations.--Section 431 of the
        Public Health Service Act (42 U.S.C. 285c-5) is amended by
        adding at the end the following:
    ``(f) There are authorized to be appropriated for the urologic
disease research centers described in subsection (c) $22,500,000 for
each of fiscal years 2004 through 2008, and such sums as are necessary
thereafter.''.
            (3) Technical amendment.--Subsection (c) of section 431 of
        the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended
        at the beginning of the unnumbered paragraph--
                    (A) by striking ``shall develop and conduct'' and
                inserting ``(2) shall develop and conduct''; and
                    (B) by aligning the indentation of such paragraph
                with the indentation of paragraphs (1), (3), and (4).
    (f) Subcommittee on Urologic Diseases.--Section 432 of the Public
Health Service Act (42 U.S.C. 285c-6) is amended by striking ``and a
subcommittee on kidney, urologic, and hematologic diseases'' and
inserting ``a subcommittee on urologic diseases, and a subcommittee on
kidney and hematologic diseases''.
    (g) Loan Repayment To Encourage Urologists and Other Scientists To
Enter Research Careers.--Subpart 3 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting
after section 434A the following:

             ``loan repayment program for urology research

    ``Sec. 434B. (a) Establishment.--Subject to subsection (b), the
Secretary shall carry out a program of entering into contracts with
appropriately qualified health professionals or other qualified
scientists under which such health professionals or scientists agree to
conduct research in the field of urology, as employees of the National
Institutes of Health or of an academic department, division, or section
of urology, in consideration of the Federal Government agreeing to
repay, for each year of such research, not more than $35,000 of the
principal and interest of the educational loans of such health
professionals or scientists.
    ``(b) Limitation.--The Secretary may not enter into an agreement
with a health professional or scientist pursuant to subsection (a)
unless the professional or scientist--
            ``(1) has a substantial amount of educational loans
        relative to income; and
            ``(2) agrees to serve as an employee of the National
        Institutes of Health or of an academic department, division, or
        section of urology for purposes of the research requirement of
        subsection (a) for a period of not less than 3 years.
    ``(c) Applicability of Certain Provisions.--Except as inconsistent
with this section, the provisions of subpart 3 of part D of title III
apply to the program established under subsection (a) in the same
manner and to the same extent as such provisions apply to the National
Health Service Corps Loan Repayment Program established under such
subpart.''.
    (h) Authorization of Appropriations for Urology Research.--Subpart
3 of part C of title IV of the Public Health Service Act (42 U.S.C.
285c et seq.) (as amended by subsection (g)) is further amended by
inserting after section 434B the following:

         ``authorization of appropriations for urology research

    ``Sec. 434C. There are authorized to be appropriated to the
Director of NIH for the purpose of carrying out intra- and interagency
activities in urology research (including training programs, joint
research projects, and joint clinical trials) $5,000,000 for each of
fiscal years 2004 through 2008, and such sums as may be necessary
thereafter. Amounts authorized to be appropriated under this section
shall be in addition to amounts otherwise available for such
purpose.''.

Output:
Training and Research in Urology Act of 2004 - Amends the Public Health Service Act to separate the research and training on urologic diseases from that of kidney and hematologic diseases.

Replaces the Division Director for Kidney, Urologic, and Hematologic Diseases in the National Institute of Diabetes and Digestive and Kidney Diseases with a Division Director for Urologic Diseases and a Division Director for Kidney and Hematologic Diseases. Requires the Director of the Institute to: (1) give particular attention to supporting research and training programs geared to the needs of urology residents and fellows; and (2) submit to Congress a national urologic research plan and review such plan every three years.

Replaces the National Kidney and Urologic Diseases Data System, the National Kidney and Urologic Diseases Information Clearinghouse, and the National Kidney and Urologic Diseases Advisory Board with separate data systems, information clearinghouses, and advisory boards for kidney diseases and urologic diseases. Replaces the Kidney, Urologic, and Hematologic Diseases Interagency Coordinating Committee and the Institute's advisory panel subcommittee on kidney, urologic, and hematologic diseases with separate coordinating committees and subcommittees for: (1) kidney and hematologic diseases; and (2) urologic diseases. Requires at least 15 of the centers developed for research in kidney and urologic diseases under the Public Health Service Act to focus exclusively on urologic diseases. Directs the Secretary of Health and Human Services to establish a loan repayment program for urology research.


Input:
SECTION 1. SHORT TITLE.

    This title may be cited as the ``Habeas Corpus Revision Act of
1994''.

SEC. 2. STATUTE OF LIMITATIONS.

    Section 2254 of title 28, United States Code, is amended by adding
at the end the following:
    ``(g)(1) In the case of an applicant under sentence of death, any
application for habeas corpus relief under this section must be filed
in the appropriate district court not later than 1 year after--
            ``(A) the date of denial of a writ of certiorari, if a
        petition for a writ of certiorari to the highest court of the
        State on direct appeal or unitary review of the conviction and
        sentence is filed, within the time limits established by law,
        in the Supreme Court;
            ``(B) the date of issuance of the mandate of the highest
        court of the State on direct appeal or unitary review of the
        conviction and sentence, if a petition for a writ of certiorari
        is not filed, within the time limits established by law, in the
        Supreme Court; or
            ``(C) the date of issuance of the mandate of the Supreme
        Court, if on a petition for a writ of certiorari the Supreme
        Court grants the writ and disposes of the case in a manner that
        leaves the capital sentence undisturbed.
    ``(2) The time requirements established by this section shall be
tolled--
            ``(A) during any period in which the State has failed to
        provide counsel as required in section 2257 of this chapter;
            ``(B) during the period from the date the applicant files
        an application for State postconviction relief until final
        disposition of the application by the State appellate courts,
        if all filing deadlines are met; and
            ``(C) during an additional period not to exceed 90 days, if
        counsel moves for an extension in the district court that would
        have jurisdiction of a habeas corpus application and makes a
        showing of good cause.''.

SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.

    Section 2251 of title 28, United States Code, is amended--
            (1) by inserting ``(a)(1)'' before the first paragraph;
            (2) by inserting ``(2)'' before the second paragraph; and
            (3) by adding at the end the following:
    ``(b) In the case of an individual under sentence of death, a
warrant or order setting an execution shall be stayed upon application
to any court that would have jurisdiction over an application for
habeas corpus under this chapter. The stay shall be contingent upon
reasonable diligence by the individual in pursuing relief with respect
to such sentence and shall expire if--
            ``(1) the individual fails to apply for relief under this
        chapter within the time requirements established by section
        2254(g) of this chapter;
            ``(2) upon completion of district court and court of
        appeals review under section 2254 of this chapter, the
        application is denied and--
                    ``(A) the time for filing a petition for a writ of
                certiorari expires before a petition is filed;
                    ``(B) a timely petition for a writ of certiorari is
                filed and the Supreme Court denies the petition; or
                    ``(C) a timely petition for certiorari is filed
                and, upon consideration of the case, the Supreme Court
                disposes of it in a manner that leaves the capital
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the
        presence of counsel qualified under section 2257 of this
        chapter and after being advised of the consequences of the
        decision, an individual waives the right to pursue relief under
        this chapter.''.

SEC. 4. LAW APPLICABLE.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2256. Law applicable
    ``(a) Except as provided in subsection (b), in an action under this
chapter, the court shall not apply a new rule.
    ``(b) A court shall apply a new rule, if the new rule--
            ``(1) places the claimant's conduct beyond the power of the
        criminal law-making authority to proscribe or punish with the
        sanction imposed; or
            ``(2) requires the observance of procedures without which
        the likelihood of an accurate conviction or valid capital
        sentence is seriously diminished.
    ``(c) As used in this section, the term `new rule' means a clear
break from precedent, announced by the Supreme Court of the United
States, that could not reasonably have been anticipated at the time the
claimant's sentence became final in State court. A rule is not `new'
merely because it was not dictated or compelled by the precedents
existing at that time or because, at that time, it was susceptible to
debate among reasonable minds.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding at
the end the following:

``2256. Law applicable.''.

SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 804 of this
subtitle the following:
``Sec. 2257. Counsel in capital cases; State court
    ``(a) Notwithstanding section 2254(d) of this chapter, the court in
an action under this chapter shall neither presume a finding of fact
made in a State court proceeding specified in subsection (b)(1) of this
section to be correct nor decline to consider a claim on the ground
that it was not raised in such a proceeding at the time or in the
manner prescribed by State law, unless--
            ``(1) the relevant State maintains a mechanism for
        providing legal services to indigents in capital cases that
        meets the specifications in subsection (b) of this section;
            ``(2) if the applicant in the instant case was eligible for
        the appointment of counsel and did not waive such an
        appointment, the State actually appointed an attorney or
        attorneys to represent the applicant in the State proceeding in
        which the finding of fact was made or the default occurred; and
            ``(3) the attorney or attorneys so appointed substantially
        met both the qualification standards specified in subsection
        (b)(3)(A) or (b)(4) of this section and the performance
        standards established by the appointing authority.
    ``(b) A mechanism for providing legal services to indigents within
the meaning of subsection (a)(1) of this section shall include the
following elements:
            ``(1) The State shall provide legal services to--
                    ``(A) indigents charged with offenses for which
                capital punishment is sought;
                    ``(B) indigents who have been sentenced to death
                and who seek appellate, collateral, or unitary review
                in State court; and
                    ``(C) indigents who have been sentenced to death
                and who seek certiorari review of State court judgments
                in the United States Supreme Court.
            ``(2) The State shall establish a counsel authority, which
        shall be--
                    ``(A) a statewide defender organization;
                    ``(B) a resource center; or
                    ``(C) a counsel authority appointed by the highest
                State court having jurisdiction over criminal matters,
                consisting of members of the bar with substantial
                experience in, or commitment to, the representation of
                criminal defendants in capital cases, and comprised of
                a balanced representation from each segment of the
                State's criminal defense bar.
            ``(3) The counsel authority shall--
                    ``(A) publish a roster of attorneys qualified to be
                appointed in capital cases, procedures by which
                attorneys are appointed, and standards governing
                qualifications and performance of counsel, which shall
                include--
                            ``(i) knowledge and understanding of
                        pertinent legal authorities regarding issues in
                        capital cases; and
                            ``(ii) skills in the conduct of
                        negotiations and litigation in capital cases,
                        the investigation of capital cases and the
                        psychiatric history and current condition of
                        capital clients, and the preparation and
                        writing of legal papers in capital cases;
                    ``(B) monitor the performance of attorneys
                appointed and delete from the roster any attorney who
                fails to meet qualification and performance standards;
                and
                    ``(C) appoint a defense team, which shall include
                at least 2 attorneys, to represent a client at the
                relevant stage of proceedings, within 30 days after
                receiving notice of the need for the appointment from
                the relevant State court.
            ``(4) An attorney who is not listed on the roster shall be
        appointed only on the request of the client concerned and in
        circumstances in which the attorney requested is able to
        provide the client with quality legal representation.
            ``(5) No counsel appointed pursuant to this section to
        represent a prisoner in State postconviction proceedings shall
        have previously represented the prisoner at trial or on direct
        appeal in the case for which the appointment is made, unless
        the prisoner and counsel expressly request continued
        representation.
            ``(6) The ineffectiveness or incompetence of counsel
        appointed pursuant to this section during State or Federal
        postconviction proceedings shall not be a ground for relief in
        a proceeding arising under section 2254 of this title. This
        limitation shall not preclude the appointment of different
        counsel at any phase of State or Federal postconviction
        proceedings.
            ``(7) Upon receipt of notice from the counsel authority
        that an individual entitled to the appointment of counsel under
        this section has declined to accept such an appointment, the
        court requesting the appointment shall conduct, or cause to be
        conducted, a hearing, at which the individual and counsel
        proposed to be appointed under this section shall be present,
        to determine the individual's competency to decline the
        appointment, and whether the individual has knowingly and
        intelligently declined it.
            ``(8) Attorneys appointed pursuant to this section shall be
        compensated on an hourly basis pursuant to a schedule of hourly
        rates as periodically established by the counsel authority
        after consultation with the highest State court with
        jurisdiction over criminal matters. Appointed counsel shall be
        reimbursed for expenses reasonably incurred in representing the
        client, including the costs of law clerks, paralegals,
        investigators, experts, or other support services.
            ``(9) Support services for staff attorneys of a defender
        organization or resource center shall be equal to the services
        listed in paragraph (8).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 804 the following:

``2257. Counsel in capital cases; State court.''.

SEC. 6. SUCCESSIVE FEDERAL PETITIONS.

    Section 2244(b) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by inserting ``, in the case of an applicant not under
        sentence of death,'' after ``When''; and
            (3) by adding at the end the following:
            ``(2) In the case of an applicant under sentence of death,
        a claim presented in a second or successive application, that
        was not presented in a prior application under this chapter,
        shall be dismissed unless--
                    ``(A) the applicant shows that--
                            ``(i) the basis of the claim could not have
                        been discovered by the exercise of reasonable
                        diligence before the applicant filed the prior
                        application; or
                            ``(ii) the failure to raise the claim in
                        the prior application was due to action by
                        State officials in violation of the
                        Constitution of the United States; and
                    ``(B) the facts underlying the claim would be
                sufficient, if proven, to undermine the court's
                confidence in the applicant's guilt of the offense or
                offenses for which the capital sentence was imposed, or
                in the validity of that sentence under Federal law.''.

SEC. 7. CERTIFICATES OF PROBABLE CAUSE.

    The third paragraph of section 2253, of title 28, United States
Code, is amended to read as follows:
            ``An appeal may not be taken to the court of appeals from
        the final order in a habeas corpus proceeding where the
        detention complained of arises out of process issued by a State
        court, unless the justice or judge who rendered the order or a
        circuit justice or judge issues a certificate of probable
        cause. However, an applicant under sentence of death shall have
        a right of appeal without a certification of probable cause,
        except after denial of a second or successive application.''.

SEC. 8. DUTIES OF THE DISTRICT COURT.

    Section 2254(a) of title 28, United States Code, is amended by
adding at the end the following:
            ``In adjudicating the merits of any such ground, the court
        shall exercise independent judgment in ascertaining the
        pertinent Federal legal standards and in applying those
        standards to the facts and shall not defer to a previous State
        court judgment regarding a Federal legal standard or its
        application. Upon request, the court shall permit the parties
        to present evidence regarding material facts that were not
        adequately developed in State court. The court shall award
        relief with respect to any meritorious constitutional ground,
        unless, in the case of a violation that can be harmless, the
        respondent shows that the error was harmless beyond a
        reasonable doubt.''.

SEC. 9. CLAIMS OF INNOCENCE.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 805 of this
subtitle the following:
``Sec. 2258. Claims of innocence
    ``(a) At any time, and notwithstanding any other provision of law,
a district court shall issue habeas corpus relief on behalf of an
applicant under sentence of death, imposed either in Federal or in
State court, who offers credible newly discovered evidence which, had
it been presented to the trier of fact or sentencing authority at
trial, would probably have resulted in--
            ``(1) an acquittal of the offense for which the death
        sentence was imposed; or
            ``(2) a sentence other than death.
    ``(b) An application filed pursuant to subsection (a) shall offer
substantial evidence which, if credible, would establish one of the
standards in subsection (a)(1) or (2). An application that fails to do
so may be dismissed.
    ``(c) If the court concludes that an application meets the
requirements in subsection (b), the court shall--
            ``(1) order the respondent to file an answer;
            ``(2) permit the parties to conduct reasonable discovery;
            ``(3) conduct a hearing to resolve disputed issues of fact;
        and
            ``(4) upon request, issue a stay of execution pending
        further proceedings in the district court and on direct review
        of the district court's judgment.
    ``(d) If the court concludes that the applicant meets the standards
established by subsection (a)(1) or (2), the court shall order his or
her release, unless a new trial or, in an appropriate case, a new
sentencing proceeding, is conducted within a reasonable time.
    ``(e) If the court determines that the applicant is currently
entitled to pursue other available and effective remedies in either
State or Federal court, the court may, at the request of either party,
suspend its consideration of the application under this section until
the applicant has exhausted those remedies. A stay issued pursuant to
subsection (c) shall remain in effect during such a suspension.
    ``(f) An application under this section may be consolidated with
any other pending application under this chapter, filed by the same
applicant.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 805 of this subtitle the following:

``2258. Claims of innocence.''.

SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.

    Section 2254 of title 28, United States Code, is amended by adding
the following:
    ``(h)(1) A district court shall decline to consider a claim under
this section if--
            ``(A) the applicant previously failed to raise the claim in
        State court at the time and in the manner prescribed by State
        law; the State courts, for that reason, refused or would refuse
        to entertain the claim; such refusal would constitute an
        adequate and independent State law ground that would foreclose
        direct review of the State court judgment in the Supreme Court
        of the United States; and
            ``(B) the applicant fails to show cause for the failure to
        raise the claim in State court and prejudice to the applicant's
        right to fair proceedings or to an accurate outcome resulting
        from the alleged violation of the Federal right asserted, or
        that failure to consider the claim would result in a
        miscarriage of justice.
    ``(2) The court shall not find cause in any case in which it
appears that the applicant or counsel deliberately withheld a claim
from the State courts for strategic purposes. An applicant may
establish cause by showing that--
            ``(A) the factual basis of the claim could not have been
        discovered by the exercise of reasonable diligence before the
        applicant could have raised the claim in State court;
            ``(B) the claim relies on a decision of the Supreme Court
        of the United States, announced after the applicant might have
        raised the claim in State court; or
            ``(C) the failure to raise the claim in State court was due
        to interference by State officials, counsel's ignorance or
        neglect, or counsel's ineffective assistance in violation of
        the Constitution.''.
HR 4018 RH----2

Output:
Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases.
Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel.  Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances.
(Sec. 3) Specifies requirements for stays of execution in capital cases.
(Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S.  Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule:  (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished.
(Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless:  (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority.
(Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that:  (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law.
(Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application.
(Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to:  (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Weapons Complex Conversion
Act of 2000''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Russian nuclear weapons complex is still at its
        Cold War size. Little information about this complex is shared,
        and 10 of its most sensitive cities remain closed. These cities
        house 750,000 people and employ approximately 150,000 people in
        nuclear military facilities. Although the Russian Federation
        Ministry of Atomic Energy has announced the need to
        significantly downsize its workforce, perhaps by as much as 50
        percent, it has been very slow in accomplishing this goal.
        Information on the extent of any progress is very closely held.
        The major impediments to downsizing have been economic and
        social conditions in Russia.
            (2) The United States, on the other hand, has significantly
        downsized its nuclear weapons complex in an open and
        transparent manner. As a result, an enormous asymmetry now
        exists between the United States and Russia in nuclear weapon
        production capacities and in transparency of such capacities.
        It is in the national security interest of the United States to
        assist the Russian Federation in accomplishing significant
        reductions in its nuclear military complex and in helping it to
        protect its nuclear weapons, nuclear materials, and nuclear
        secrets during such reductions. Such assistance will accomplish
        critical nonproliferation objectives and provide essential
        support towards future arms reduction agreements. Without a
        significant, transparent reduction in nuclear weapons
        production capacity, the Russian Federation's ability to
        quickly reconstitute its arsenal remains inconsistent with
        current and contemplated arms control agreements.
            (3) Several current programs address portions of the
        downsizing and nuclear security concerns. The Nuclear Cities
        Initiative was established to assist Russia in creating job
        opportunities for employees who are not required to support
        realistic Russian nuclear security requirements. Its focus has
        been on creating commercial ventures that can provide self-
        sustaining jobs in three of the closed cities. The current
        scope and funding of the program are not commensurate with the
        scale of the threats to the United States sought to be
        addressed by the program.
            (4) To effectively address threats to United States
        national security interests, progress with respect to the
        nuclear cities must be expanded and accelerated. The Nuclear
        Cities Initiative has laid the groundwork for an immediate
        increase in investment and potential for immediate risk
        reduction in the cities of Sarov, Snezhinsk, and Seversk, which
        house four key Russian nuclear facilities. Furthermore, the
        Nuclear Cities Initiative has made considerable progress with
        the limited funding available. However, to gain sufficient
        advocacy for additional support, the program must demonstrate--
                    (A) rapid progress in conversion and restructuring;
                and
                    (B) an ability for the United States to track
                progress against verifiable milestones that support a
                Russian nuclear complex consistent with their future
                national security requirements.
            (5) Reductions in the nuclear weapons-grade material stocks
        in the United States and Russia enhance prospects for future
        arms control agreements and reduce concerns that these
        materials could lead to proliferation risks. Confidence in both
        nations will be enhanced by knowledge of the extent of each
        nation's stockpiles of weapons-grade materials. The United
        States already makes this information public.
            (6) Many current programs contribute to the goals stated
        herein. However, the lack of programmatic coordination within
        and among United States Government agencies impedes the
        capability of the United States to make rapid progress. A
        formal single point of coordination is essential to ensure that
        all United States programs directed at cooperative threat
        reduction, nuclear materials reduction and protection, and the
        downsizing, transparency, and nonproliferation of the nuclear
        weapons complex effectively mitigate the risks inherent in the
        Russian Federation's military complex.
            (7) Specialists in the United States and the former Soviet
        Union trained in nonproliferation studies can significantly
        assist in the downsizing process while minimizing the threat
        presented by potential proliferation of weapons materials or
        expertise.

SEC. 3. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES INITIATIVE.

    (a) In General.--The Secretary of Energy shall, in accordance with
the provisions of this section, take appropriate actions to expand and
enhance the activities under the Nuclear Cities Initiative in order
to--
            (1) assist the Russian Federation in the downsizing of the
        Russian Nuclear Complex; and
            (2) coordinate the downsizing of the Russian Nuclear
        Complex under the Initiative with other United States
        nonproliferation programs.
    (b) Enhanced Use of MINATOM Technology and Research and Development
Services.--In carrying out actions under this section, the Secretary
shall facilitate the enhanced use of the technology, and the research
and development services, of the Russia Ministry of Atomic Energy
(MINATOM) by--
            (1) fostering the commercialization of peaceful, non-
        threatening advanced technologies of the Ministry through the
        development of projects to commercialize research and
        development services for industry and industrial entities; and
            (2) authorizing the Department of Energy, and encouraging
        other departments and agencies of the United States Government,
        to utilize such research and development services for
        activities appropriate to the mission of the Department, and
        such departments and agencies, including activities relating
        to--
                    (A) remediation of the environmental consequences
                of United States nuclear weapons activities and Russian
                nuclear weapons activities;
                    (B) nonproliferation (including the detection and
                identification of weapons of mass destruction and
                verification of treaty compliance);
                    (C) global energy and environmental matters; and
                    (D) basic scientific research.
    (c) Acceleration of Nuclear Cities Initiative.--(1) In carrying out
actions under this section, the Secretary shall accelerate the Nuclear
Cities Initiative by implementing, as soon as practicable after the
date of the enactment of this Act, programs at the nuclear cities
referred to in paragraph (2) in order to convert significant portions
of the activities carried out at such nuclear cities from military
activities to civilian activities.
    (2) The nuclear cities referred to in this paragraph are the
following:
            (A) Zarechnyy (Penza-19).
            (B) Sarov (Arzamas-16 and Avangard).
            (C) Snezhinsk (Chelyabinsk-70).
            (D) Seversk (Tomsk-7).
    (3) Before implementing a program under paragraph (1), the
Secretary shall establish appropriate, measurable milestones for the
first year of the program.
    (d) Plan for Restructuring the Russian Nuclear Complex.--(1) The
President, acting through the Secretary of Energy, is urged to enter
into negotiations with the Russian Federation for purposes of the
development by the Russian Federation of a plan to restructure the
Russian Nuclear Complex in order to meet changes in the national
security requirements of Russia by 2010.
    (2) The plan under paragraph (1) should include the following:
            (A) Mechanisms to achieve a nuclear weapons production
        capacity in Russia that is consistent with the obligations of
        Russia under current and future arms control agreements.
            (B) Mechanisms to increase transparency regarding nuclear
        weapons production processes and nuclear materials inventories
        in Russia to the levels of transparency for such matters in the
        United States, including the participation of Department of
        Energy officials with expertise in transparency of such
        matters.
            (C) Measurable milestones that will permit the United
        States and the Russian Federation to monitor progress under the
        plan.
    (e) Encouragement of Careers in Nonproliferation.--(1) In carrying
out actions under this section, the Secretary shall carry out a program
to encourage students in the United States and in the Russian
Federation to pursue a career in an area relating to nonproliferation.
    (2) Of the amounts available under subsection (f), $2,000,000 shall
be available for purposes of the program required under paragraph (1).
    (f) Funding for Fiscal Year 2001.--There is hereby authorized to be
appropriated for the Department of Energy for fiscal year 2001,
$50,000,000 for purposes of the Nuclear Cities Initiative, including
activities under this section.
    (g) Sense of Congress Regarding Funding for Fiscal Years After
Fiscal Year 2001.--It is the sense of Congress that the availability of
funds for the Nuclear Cities Initiative in fiscal years after fiscal
year 2001 should be contingent upon--
            (1) demonstrable progress in the programs carried out under
        subsection (c), as determined utilizing the milestones required
        under paragraph (3) of that subsection; and
            (2) the development and implementation of the plan required
        by subsection (d).

SEC. 4. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL
              COORDINATOR FOR NONPROLIFERATION MATTERS.

    It is the sense of Congress that--
            (1) there should be a National Coordinator for
        Nonproliferation Matters to coordinate--
                    (A) the Nuclear Cities Initiative;
                    (B) the Initiatives for Proliferation Prevention
                program;
                    (C) the Cooperative Threat Reduction programs;
                    (D) the materials protection, control, and
                accounting programs; and
                    (E) the International Science and Technology
                Center; and
            (2) the position of National Coordinator for
        Nonproliferation Matters should be similar, regarding
        nonproliferation matters, to the position filled by designation
        of the President under section 1441(a) of the Defense Against
        Weapons of Mass Destruction Act of 1996 (title XIV of Public
        Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Nuclear city.--The term ``nuclear city'' means any of
        the closed nuclear cities within the complex of the Russia
        Ministry of Atomic Energy (MINATOM) as follows:
                    (A) Sarov (Arzamas-16 and Avangard).
                    (B) Zarechnyy (Penza-19).
                    (C) Novoural'sk (Sverdlovsk-44).
                    (D) Lesnoy (Sverdlovsk-45).
                    (E) Ozersk (Chelyabinsk-65).
                    (F) Snezhinsk (Chelyabinsk-70).
                    (G) Trechgornyy (Zlatoust-36).
                    (H) Seversk (Tomsk-7).
                    (I) Zhelenznogorsk (Krasnoyarsk-26).
                    (I) Zelenogorsk (Krasnoyarsk-45).
            (2) Russian nuclear complex.--The term ``Russian Nuclear
        Complex'' refers to all of the nuclear cities.

Output:
Urges the President to enter into negotiations with the Russian Federation for the Federation's development of a plan to restructure its nuclear complex in order to meet changes in Russian nuclear security requirements by 2010. Directs the Secretary to carry out a program to encourage students in the United States and the Russian Federation to pursue careers in nonproliferation.
Authorizes appropriations. Expresses the sense of Congress that availability of Initiative funds after FY 2001 should be contingent upon: (1) demonstrable progress in enhancing and accelerating Initiative activities; and (2) the development and implementation of Russia's nuclear restructuring plan.
Expresses the sense of Congress that: (1) there should be a National Coordinator for Nonproliferation Matters to coordinate various Federal nonproliferation programs, including the Initiative; and (2) such Coordinator position should be similar to the Coordinator position filled by the President under the Defense Against Weapons of Mass Destruction Act of 1996.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Living Wage Act''.

SEC. 2. INCREASE IN EARNED INCOME TAX CREDIT.

    (a) General Rule.--Subsections (a) and (b) of section 32 of the
Internal Revenue Code of 1986 (relating to earned income tax credit)
are amended to read as follows:
    ``(a) Allowance of Credit.--
            ``(1) In general.--In the case of an eligible individual,
        there shall be allowed as a credit against the tax imposed by
        this subtitle for the taxable year an amount equal to the
        credit percentage of so much of the earned income for the
        taxable year as does not exceed $8,000.
            ``(2) Limitation.--The amount of the credit allowable to a
        taxpayer under this subsection for any taxable year shall not
        exceed the excess (if any) of--
                    ``(A) the credit percentage of $8,000, over
                    ``(B) the phaseout percentage of so much of the
                adjusted gross income (or, if greater, the earned
                income) of the taxpayer for the taxable year as exceeds
                $10,000.
    ``(b) Percentages.--For purposes of subsection (a)--
            ``(1) Credit percentage.--
                    ``(A) In general.--The credit percentage is the
                percentage equal to the sum of--
                            ``(i) 20 percent,
                            ``(ii) 5 percent for each school age
                        qualifying child, plus
                            ``(iii) 10 percent for each preschool age
                        qualifying child.
                    ``(B) Not more than 4 children taken into
                account.--Not more than 4 children shall be taken into
                account under subparagraph (A), and preschool age
                qualifying children shall be taken into account before
                any other children are taken into account.
            ``(2) Phaseout percentage.--
                    ``(A) Phasedown to minimum benefit.--
                            ``(i) In general.--The phaseout percentage
                        is the percentage determined in accordance with
                        the following table:

                         ``If the combination of

                           qualifying children taken

                           into account under
                                                           The phaseout
                           paragraph (1) is--
                                                        percentage is--
                                 1 S.................          13
                                 2 S, or 1 P.........          14
                                 3 S, or 1 S and 1 P.          15
                                 4 S, or 2 S and 1 P,          16
                            or 2 P.
                                 3 S and 1 P, or 1 S           17
                            and 2 P.
                                 2 S and 2 P, or 3 P.          18
                                 1 S and 3 P.........          19
                                 4 P.................         20.
                            ``(ii) Symbols used in table.--For purposes
                        of clause (i)--
                                    ``(I) S means school age qualifying
                                child, and
                                    ``(II) P means preschool age
                                qualifying child.
                    ``(B) Minimum benefit for taxpayers with incomes
                below $50,000.--Except as provided in subparagraph (C),
                subparagraph (A) shall not apply so as to reduce the
                credit allowed by this section to a taxpayer to less
                than the minimum benefit determined in accordance with
                the following table:

                    ``If the phaseout percentage
                                                            The minimum
                      applicable to the taxpayer is--
                                                           benefit is--
                              13.....................          $200
                              14.....................           400
                              15.....................           600
                              16.....................           800
                              17.....................         1,000
                              18.....................         1,200
                              19.....................         1,400
                              20.....................        1,600.
                    ``(C) Phaseout of minimum benefit.--If the adjusted
                gross income (or, if greater, the earned income) of the
                taxpayer for the taxable year exceeds $50,000, the
                minimum benefit determined under subparagraph (B) shall
                be reduced by 15 percent of such excess.
            ``(3) Special rules for individual whose only children have
        attained age 16.--For purposes of this section, in the case of
        an individual who is an eligible individual solely by reason of
        children each of whom has attained age 16 as of the close of
        the taxable year--
                    ``(A) the credit percentage shall be 20 percent,
                    ``(B) the phaseout percentage shall be 12 percent,
                and
                    ``(C) subparagraphs (B) and (C) of paragraph (2)
                shall not apply.''
    (b) Preschool Age and School Age Qualifying Children Defined.--
Subsection (c) of section 32 of such Code is amended by adding at the
end the following new paragraph:
            ``(4) Preschool age and school age qualifying children.--
                    ``(A) Preschool age qualifying child.--The term
                `preschool age qualifying child' means any qualifying
                child who has not attained age 6 as of the close of the
                taxable year.
                    ``(B) School age qualifying child.--The term
                `school age qualifying child' means any qualifying
                child who has attained age 6 but not age 16 as of the
                close of the taxable year.''
    (c) Advance Payment Provisions.--
            (1) Subsection (b) of section 3507 of such Code is amended
        by striking ``and'' at the end of paragraph (2), by striking
        the period at the end of paragraph (3) and inserting ``, and'',
        and by inserting after paragraph (3) the following new
        paragraph:
            ``(4) states the number and ages of qualifying children (as
        defined in section 32(c)) of the employee for the taxable
        year.''
            (2) Paragraph (2) of section 3507(c) of such Code is
        amended--
                    (A) in subparagraph (B)(i), by striking ``(without
                regard to subparagraph (D)'' and by striking ``section
                32(a)(1)'' and inserting ``section 32(a)'',
                    (B) in subparagraph (B)(ii), by striking ``section
                32(b)(1)(B)(ii)'' and inserting ``section 32(a)(2)''
                and by striking ``section 32(a)(1)'' and inserting
                ``section 32(a)'', and
                    (C) by adding at the end the following new
                sentence:
        ``For purposes of this paragraph, the credit percentage shall
        be determined under section 32(b) on the basis of the number
        and ages of qualifying children specified in the earned income
        eligibility certificate and the determination of the amounts
        referred to in subparagraph (B)(ii) shall be made on the basis
        of the number and ages of qualifying children so specified.''
            (3) Clause (i) of section 3507(e)(3)(A) of such Code is
        amended by inserting before ``, or'' the following: ``(or
        changing the percentages applicable to the employee under
        section 32(b) for the taxable year)''.
    (d) Conforming Amendments.--
            (1) Paragraph (2) of section 32(f) of such Code is
        amended--
                    (A) by striking ``subsection (b)'' each place it
                appears in subparagraphs (A) and (B) and inserting
                ``subsection (a)(2)'', and
                    (B) by adding at the end the following new
                sentence:
        ``Separate tables shall be prescribed for each of the phaseout
        percentages specified in the table contained in subsection
        (b)(2)(A)(i).''
            (2) Paragraphs (1) and (2) of section 32(i) of such Code
        are amended to read as follows:
            ``(1) In general.--In the case of any taxable year
        beginning after 1995, each amount referred to in paragraph (2)
        shall be increased by an amount equal to--
                    ``(A) such amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                the taxable year begins by substituting `1994' for
                `1989' in subparagraph (B) thereof.
            ``(2) Amounts.--The amounts referred to in this paragraph
        are--
                    ``(A) the credit percentages used for purposes of
                subsection (a),
                    ``(B) the $10,000 amount contained in subsection
                (a)(2)(B), and
                    ``(C) the $50,000 amount contained in subsection
                (b)(2)(C).''
            (3) Section 213 of such Code (relating to medical, dental,
        etc., expenses) is amended by striking subsection (f).
            (4) Paragraph (3) of section 162(l) of such Code is amended
        to read as follows:
            ``(3) Coordination with medical deduction.--Any amount paid
        by a taxpayer for insurance to which paragraph (1) applies
        shall not be taken into account in computing the amount
        allowable to the taxpayer as a deduction under section
        213(a).''
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993; except that
the amendments made by subsection (c) shall take effect on January 1,
1994.

SEC. 3. DEPENDENT CARE CREDIT LIMITED TO HANDICAPPED DEPENDENTS AND
              SPOUSES.

    (a) In General.--Paragraph (1) of section 21(b) of the Internal
Revenue Code of 1986 (defining qualifying individual and employment-
related expenses) is amended by striking subparagraph (A), by
redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively, and by adding at the end the following new sentence:
        ``In the case of an individual described in subparagraph (A)
        who has not attained age 16 as of the close of the taxable
        year, such individual may be treated as a qualifying individual
        for purposes of this section only if the taxpayer elects not to
        treat such individual as a qualifying child under section 32
        for such year.''
    (b) Conforming Amendments.--
            (1) Subparagraph (B) of section 21(b)(2) of such Code is
        amended by striking ``care of--'' and all that follows and
        inserting ``care of a qualifying individual who regularly
        spends at least 8 hours each day in the taxpayer's household.''
            (2) Paragraph (2) of section 21(d) of such Code is amended
        by striking ``subsection (b)(1)(C)'' and inserting ``subsection
        (b)(1)(B)''.
            (3) Paragraph (5) of section 21(e) of such Code is
        amended--
                    (A) by striking ``is under the age of 13 or'' in
                subparagraph (B), and
                    (B) by striking ``subparagraph (A) or (B) of
                subsection (b)(1) (whichever is appropriate)'' and
                inserting ``subsection (b)(1)(A)''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.

SEC. 4. ELIMINATION OF PROPOSED CHANGES IN TREATMENT OF EARNED INCOME
              CREDIT IN DETERMINING CERTAIN WELFARE BENEFITS.

    Paragraphs (1) and (2)(A) of section 402(c) of the Family Support
Act of 1988 are repealed.

Output:
Family Living Wage Act - Amends Internal Revenue Code provisions governing the earned income tax credit to:  (1) increase from $5,714 to $8,000 the amount of earned income subject to the credit; (2) establish the basic credit at 20 percent; and (3) permit an additional credit (to apply to not more than four children) of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child.  Reduces the amount of the credit for taxpayers with adjusted gross income over $50,000.  Indexes amounts relating to the credit beginning in 1995.
Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care.  Permits the credit with respect to handicapped children under age 16 only if the taxpayer elects not to include the child within the framework of the earned income credit.
Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act.