Input:
SECTION 1. COLLECTION OF PAST-DUE LEGALLY ENFORCEABLE LOCAL GOVERNMENT
              TAX OBLIGATIONS.

    (a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended by
redesignating subsections (g) through (l) as subsections (h) through
(m), respectively, and by inserting after subsection (f) the following:
    ``(g) Collection of Past-Due Legally Enforceable Local Government
Tax Obligations.--
            ``(1) In general.--Upon receiving notice from any State on
        behalf of a local government, or from any eligible local
        government, that a named person owes a past-due, legally
        enforceable local government tax obligation to the local
        government, the Secretary shall, under such conditions as may
        be prescribed by the Secretary--
                    ``(A) reduce the amount of any overpayment payable
                to such person by the amount of such tax obligation;
                    ``(B) pay the amount by which such overpayment is
                reduced under subparagraph (A)--
                            ``(i) to such State for purposes of payment
                        by the State to the local government on behalf
                        of which such State submitted the notice; or
                            ``(ii) to the eligible local government
                        that submitted the notice;
                    ``(C) notify the State or eligible local government
                of the person's name, taxpayer identification number,
                address, and the amount collected; and
                    ``(D) notify the person making such overpayment
                that the overpayment has been reduced by an amount
                necessary to satisfy a past-due, legally enforceable
                tax obligation.
            ``(2) Priorities for offset.--Any overpayment by a person
        shall be reduced pursuant to this subsection--
                    ``(A) after such overpayment is reduced pursuant
                to--
                            ``(i) subsection (a) with respect to any
                        liability for any internal revenue tax on the
                        part of the person who made the overpayment;
                            ``(ii) subsection (c) with respect to past-
                        due support;
                            ``(iii) subsection (d) with respect to any
                        past-due, legally enforceable debt owed to a
                        Federal agency;
                            ``(iv) subsection (e) with respect to any
                        past-due, legally enforceable State income tax
                        obligation; and
                            ``(v) subsection (f) with respect to any
                        covered unemployment compensation debt; and
                    ``(B) before such overpayment is credited to the
                future liability for any Federal internal revenue tax
                of such person.
        If the Secretary receives notice from one or more States or
        eligible local governments of more than one tax obligation
        subject to paragraph (1) that is owed by such person to any
        local government, any overpayment by such person shall be
        applied against such debts in the order in which such notices
        were filed.
            ``(3) Notice; consideration of evidence.--
                    ``(A) State.--No State may take action under this
                subsection (on behalf of a local government) until the
                local government certifies to the State that the local
                government--
                            ``(i) has notified the person owing the
                        past-due, legally enforceable local government
                        tax obligation by certified mail with return
                        receipt that the State (on behalf of the local
                        government) proposes to take action pursuant to
                        this section;
                            ``(ii) has given such person at least 60
                        days to present evidence that all or part of
                        such liability is not past-due or not legally
                        enforceable;
                            ``(iii) has considered any evidence
                        presented by such person and has determined
                        that an amount of such debt is past-due and
                        legally enforceable; and
                            ``(iv) has satisfied such other conditions
                        as the Secretary may prescribe to ensure that
                        the determination made under clause (iii) is
                        valid and that the local government has made
                        reasonable efforts to obtain payment of such
                        tax obligation.
                    ``(B) Eligible local government.--No eligible local
                government may take action under this subsection until
                the local government--
                            ``(i) has notified the person owing the
                        past-due, legally enforceable local government
                        tax obligation by certified mail with return
                        receipt that the local government proposes to
                        take action pursuant to this section;
                            ``(ii) has given such person at least 60
                        days to present evidence that all or part of
                        such liability is not past-due or not legally
                        enforceable;
                            ``(iii) has considered any evidence
                        presented by such person and has determined
                        that an amount of such debt is past-due and
                        legally enforceable; and
                            ``(iv) has satisfied such other conditions
                        as the Secretary may prescribe to ensure that
                        the determination made under clause (iii) is
                        valid and that the local government has made
                        reasonable efforts to obtain payment of such
                        tax obligation.
            ``(4) Past-due, legally enforceable local government tax
        obligation.--In this subsection, the term `past-due, legally
        enforceable local government tax obligation' means a tax debt--
                    ``(A)(i) which resulted from--
                            ``(I) a judgment rendered by a court of
                        competent jurisdiction which has determined an
                        amount of tax to be due to a local government;
                        or
                            ``(II) a determination after an
                        administrative hearing which has determined an
                        amount of tax to be due to a local government;
                        and
                    ``(ii) which is no longer subject to judicial
                review; or
                    ``(B) which resulted from a tax imposed by a local
                government which has been assessed but not collected,
                the time for redetermination of which has expired, and
                which has not been delinquent for more than 10 years.
            ``(5) Eligible local government.--For purposes of this
        subsection, the term `eligible local government' means a
        municipality described in clause (ii) of section 6103(b)(5)(A).
            ``(6) Regulations.--The Secretary shall issue regulations
        prescribing the time and manner in which States (on behalf of
        local governments) and eligible local governments must submit
        notices of past-due, legally enforceable local government tax
        obligations and the necessary information that must be
        contained in or accompany such notices. The regulations shall
        specify the types of taxes and the minimum amount of debt to
        which the reduction procedure established by paragraph (1) may
        be applied. The regulations may require States (on behalf of
        local governments) and eligible local governments to pay a fee
        to reimburse the Secretary for the cost of applying such
        procedure. Any fee paid to the Secretary pursuant to the
        preceding sentence shall be used to reimburse appropriations
        which bore all or part of the cost of applying such procedure.
            ``(7) Erroneous payment to state or local government.--Any
        State or eligible local government receiving notice from the
        Secretary that an erroneous payment has been made to such State
        or eligible local government with respect to a notice by the
        State (on behalf of a local government) or notice by the
        eligible local government under paragraph (1) shall pay
        promptly to the Secretary, in accordance with such regulations
        as the Secretary may prescribe, an amount equal to the amount
        of such erroneous payment (without regard to whether any other
        amounts payable to such State or eligible local government
        under such paragraph have been paid to such State or eligible
        local government).''.
    (b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), or (e) of section 6402) is amended by striking ``or (f)'' each
place it appears in the text and heading and inserting ``(f), or (g)''.
    (c) Conforming Amendments.--
            (1) Section 6402(a) of the Internal Revenue Code of 1986 is
        amended by striking ``and (f)'' and inserting ``(f), and (g)''.
            (2) Paragraph (2) of section 6402(d) of such Code is
        amended by striking ``and (f)'' and inserting ``, (f), and
        (g)''.
            (3) Section 6402(h) of such Code, as so redesignated, is
        amended by striking ``or (f)'' and inserting ``(f), or (g)''.
            (4) Section 6402(j) of such Code, as so redesignated, is
        amended by striking ``or (f)'' and inserting ``(f), or (g)''.
    (d) Effective Date.--The amendments made by this section shall
apply to refunds payable after the date of the enactment of this Act.

Output: Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state or local government that a named individual owes a past-due legally enforceable tax obligation to a local goverment, to pay such tax debt from any federal tax refund due to such individual, after notifying such individual of the offset.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Benefit Rating Acceleration for
Veteran Entitlements Act of 2008''.

SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED
              AS TOTAL BY REASON OF UNEMPLOYABILITY BY THE SECRETARY OF
              VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE II
              OF THE SOCIAL SECURITY ACT.

    (a) Disability for Purposes of Entitlement to Disability Insurance
Benefits and Other Benefits Based on Disability.--
            (1) In general.--Section 223(d) of the Social Security Act
        (42 U.S.C. 423(d)) is amended by adding at the end the
        following new paragraph:
    ``(7)(A) Notwithstanding the preceding provisions of this
subsection, any individual who has a service-connected disability rated
by the Secretary of Veterans Affairs as total by reason of
unemployability for purposes of benefits under chapter 11 of title 38,
United States Code, is expected by such Secretary to have such
disability for not less than one year, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of the preceding paragraphs of this subsection) for each
month--
            ``(i) beginning with the first month for which the
        Secretary of Veterans Affairs determines the individual to have
        such a rating, and
            ``(ii) ending with the earlier of--
                    ``(I) any month during which certification is made
                to the Commissioner pursuant to subparagraph (B) that
                such service-connected disability has ceased, or
                    ``(II) any month during which the Commissioner
                determines that such individual is no longer entitled
                to benefits under this title on the basis of being
                disabled as a result of a continuing disability review
                or a determination that the individual is able to
                engage in substantial gainful activity.
    ``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with
respect to whom a certification has been made to the Commissioner
pursuant to subparagraph (A)(ii)(I) that such individual has ceased to
be so disabled, such Secretary shall promptly certify to the
Commissioner such Secretary's determination that such individual has
ceased to be so disabled.
    ``(C) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of the preceding paragraphs of this subsection).
    ``(D) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for--
            ``(i) the Secretary of Veterans Affairs to--
                    ``(I) include in the written certification required
                under subparagraph (A) the dates of services which
                resulted in the service connected disability of the
                individual; and
                    ``(II) immediately notify the Commissioner of
                Social Security of any knowledge of such Secretary that
                an individual who is deemed to be under a disability
                under subparagraph (A) engages or is able to engage in
                substantial gainful activity; and
            ``(ii) the Commissioner of Social Security to provide the
        Secretary of Veterans Affairs with the names of each individual
        deemed to be under a disability under subparagraph (A).
    ``(E) An individual who is deemed to be under a disability under
subparagraph (A) shall be notified of the requirement to immediately
notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that
results in earnings that exceed the level of earnings established by
the Commissioner of Social Security to represent substantial gainful
activity and that are not conducted during a period of trial work (as
defined in section 222(c)).''.
            (2) Other benefits based on disability.--
                    (A) Child's insurance benefits.--Section 202(d)(1)
                of such Act (42 U.S.C. 402(d)(1)) is amended by adding
                at the end the following new sentence: ``Under
                regulations of the Commissioner of Social Security, the
                provisions of section 223(d)(7) shall apply with
                respect to benefits under this section (and
                determinations of disability made for purposes of
                determinations of entitlement to such benefits) in the
                same manner and to the same extent as such provisions
                apply with respect to benefits under section 223 (and
                determinations of disability made for purposes of
                determinations of entitlement to benefits under section
                223).''.
                    (B) Widow's insurance benefits.--Section 202(e)(1)
                of such Act (42 U.S.C. 402(e)(1)) is amended by adding
                at the end the following new sentence: ``Under
                regulations of the Commissioner of Social Security, the
                provisions of section 223(d)(7) shall apply with
                respect to benefits under this section (and
                determinations of disability made for purposes of
                determinations of entitlement to such benefits) in the
                same manner and to the same extent as such provisions
                apply with respect to benefits under section 223 (and
                determinations of disability made for purposes of
                determinations of entitlement to benefits under section
                223).''.
                    (C) Widower's insurance benefits.--Section
                202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended
                by adding at the end the following new sentence:
                ``Under regulations of the Commissioner of Social
                Security, the provisions of section 223(d)(7) shall
                apply with respect to benefits under this section (and
                determinations of disability made for purposes of
                determinations of entitlement to such benefits) in the
                same manner and to the same extent as such provisions
                apply with respect to benefits under section 223 (and
                determinations of disability made for purposes of
                determinations of entitlement to benefits under section
                223).''.
    (b) Determinations of Periods of Disability.--Section 216(i) of
such Act (42 U.S.C. 416(i)) is amended by adding at the end the
following new paragraph:
    ``(4)(A) Notwithstanding paragraphs (1) and (2), any individual who
has a service-connected disability rated by the Secretary of Veterans
Affairs as total by reason of unemployability for purposes of benefits
under chapter 11 of title 38, United States Code, is expected by such
Secretary to have such disability for not less than one year, and
presents written certification of such rating determination to the
Commissioner of Social Security shall be deemed to be under a
disability (within the meaning of paragraph (1)) for each month--
            ``(i) beginning with the first month for which the
        Secretary of Veterans Affairs determines the individual to have
        such a rating, and
            ``(ii) ending with the earlier of--
                    ``(I) any month during which certification is made
                to the Commissioner pursuant to subparagraph (B) that
                such service-connected disability has ceased, or
                    ``(II) any month during which the Commissioner
                determines that such individual is no longer entitled
                to benefits under this title on the basis of being
                disabled as a result of a continuing disability review
                or a determination that the individual is able to
                engage in substantial gainful activity.
    ``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with
respect to whom a certification has been made to the Commissioner
pursuant to subparagraph (A) that such individual has ceased to be so
disabled, such Secretary shall promptly certify to the Commissioner
such Secretary's determination that such individual has ceased to be so
disabled.
    ``(C) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of paragraph (1)).
    ``(D) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for--
            ``(i) the Secretary of Veterans Affairs to--
                    ``(I) include in the written certification required
                under subparagraph (A) the dates of services which
                resulted in the service connected disability of the
                individual; and
                    ``(II) immediately notify the Commissioner of
                Social Security of any knowledge of such Secretary that
                an individual who is deemed to be under a disability
                under subparagraph (A) engages or is able to engage in
                substantial gainful activity; and
            ``(ii) the Commissioner of Social Security to provide the
        Secretary of Veterans Affairs with the names of each individual
        deemed to be under a disability under subparagraph (A).
    ``(E) An individual who is deemed to be under a disability under
subparagraph (A) shall be notified of the requirement to immediately
notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that
results in earnings that exceed the level of earnings established by
the Commissioner of Social Security to represent substantial gainful
activity and that are not conducted during a period of trial work (as
defined in section 222(c)).''.

SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY REASON
              OF UNEMPLOYABILITY BY THE SECRETARY OF VETERANS AFFAIRS
              AS DISABILITY FOR PURPOSES OF TITLE XVI OF THE SOCIAL
              SECURITY ACT.

    Section 1614(a)(3) of the Social Security Act (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the following new
subparagraph:
                    ``(K) In making determinations with respect to
                disability under this title, the provisions of section
                223(d)(7) shall apply in the same manner as they apply
                to determinations of disability under title II.''.

SEC. 4. APPLICATION OF MEDICAL FINDINGS BY THE SECRETARY OF VETERANS
              AFFAIRS FOR INDIVIDUALS WITH A SERVICE-CONNECTED
              DISABILITY FOR PURPOSES OF DISABILITY DETERMINATIONS
              UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT.

    Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5))
is amended by adding at the end the following new subparagraph:
    ``(C) In making any determination with respect to whether an
individual is under a disability or continues to be under a disability,
the medical findings of the Secretary of Veterans Affairs, including
any findings of physical limitations, regarding any individual who has
a service-connected disability certified by the Secretary of Veterans
Affairs (without regard to whether such service-connected disability is
rated by the Secretary of Veterans Affairs as total by reason of
unemployability for purposes of benefits under chapter 11 of title 38,
United States Code, and is expected by such Secretary to have such
disability for not less than one year) shall be conclusive evidence of
disability.''.

SEC. 5. TREATMENT OF VETERANS DETERMINED DISABLED FOR PURPOSES OF THE
              SOCIAL SECURITY ACT AS VETERANS TOTALLY DISABLED BY
              REASON OF INDIVIDUAL UNEMPLOYABILITY.

    (a) In General.--Subchapter VI of chapter 11 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1164. Treatment of certain veterans as totally disabled by
              reason of individual unemployability
    ``(a) In General.--A veteran who is determined by the Commissioner
of Social Security to be under a disability for purposes of title II or
XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.)
shall be treated for purposes of this chapter as being a veteran with a
disability or a combination of disabilities rated as 100 percent
disabling by reason of a determination of individual unemployability.
    ``(b) No Establishment of Service-Connection.--The requirement in
subsection (a) shall not be construed to establish a service-connection
or presumption of service-connection with respect to any disability of
a veteran.
    ``(c) Termination of Treatment.--(1) Subsection (a) shall cease to
apply to a veteran otherwise covered by that subsection upon either of
the following:
            ``(A) A reduction by the Secretary of the combined
        disability rating of the veteran in accordance with a
        determination by the Secretary that an improvement in one or
        more of the veteran's disabilities has occurred.
            ``(B) A determination by the Commissioner of Social
        Security that the veteran is no longer under a disability for
        purposes of titles II and XVI of the Social Security Act.
    ``(2) The Commissioner of Social Security shall promptly notify the
Secretary of each determination covered by paragraph (1)(B).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of such title is amended by adding at the end the following
new item:

``1164. Treatment of certain veterans as totally disabled by reason of
                            individual unemployability.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to
determinations of disability in connection with applications for
benefits or periods of disability filed or pending on or after the date
of the enactment of this Act.

Output:
Benefit Rating Acceleration for Veteran Entitlements Act of 2008 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected disability rated and certified by the Secretary of Veterans Affairs as total by reason of unemployability, and expected to last at least one year.

Applies the same treatment to related child's insurance and widow's and widower's insurance benefits.

Makes medical findings by the Secretary of Veterans Affairs of total service-connected disability by reason of unemployability conclusive evidence of disability for OASDI and SSI purposes.

Requires treatment of any determination of a veteran's disability by the Commissioner of Social Security for OASDI and SSI purposes as a disability or a combination of disabilities rated as 100% disabling by reason of individual unemployability for veterans' benefits purposes. Cautions, however, that such requirement shall not be construed to establish a service-connection or presumption of service-connection with respect to any disability of a veteran.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadcast Decency Enforcement Act of
2004''.

SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE
              BROADCASTS.

    Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is amended--
             (1) by redesignating subparagraphs (C) and (D) as
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new
        subparagraph:
    ``(C) Notwithstanding subparagraph (A), if the violator is (i) a
broadcast station licensee or permittee, or (ii) an applicant for any
broadcast license, permit, certificate, or other instrument or
authorization issued by the Commission, and the violator is determined
by the Commission under paragraph (1) to have broadcast obscene,
indecent, or profane material, the amount of any forfeiture penalty
determined under this section shall not exceed $500,000 for each
violation.''; and
            (3) in subparagraph (D), as redesignated by paragraph (1)
        of this subsection--
                    (A) by striking ``subparagraph (A) or (B)'' and
                inserting ``subparagraph (A), (B), or (C)''; and
                    (B) by adding at the end the following:
                ``Notwithstanding the preceding sentence, if the
                violator is determined by the Commission under
                paragraph (1) to have uttered obscene, indecent, or
                profane material (and the case is not covered by
                subparagraph (A), (B), or (C)), the amount of any
                forfeiture penalty determined under this section shall
                not exceed $500,000 for each violation.''.

SEC. 3. ADDITIONAL FACTORS IN INDECENCY PENALTIES; EXCEPTION.

    Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is further amended by adding at the end (after subparagraph
(E) as redesignated by section 2(1) of this Act) the following new
subparagraphs:
    ``(F) In the case of a violation in which the violator is
determined by the Commission under paragraph (1) to have uttered
obscene, indecent, or profane material, the Commission shall take into
account, in addition to the matters described in subparagraph (E), the
following factors:
            ``(i) With respect to the degree of culpability of the
        violator, the following:
                    ``(I) whether the material uttered by the violator
                was live or recorded, scripted or unscripted;
                    ``(II) whether the violator had a reasonable
                opportunity to review recorded or scripted programming
                or had a reasonable basis to believe live or unscripted
                programming may contain obscene, indecent, or profane
                material;
                    ``(III) if the violator originated live or
                unscripted programming, whether a time delay blocking
                mechanism was implemented for the programming;
                    ``(IV) the size of the viewing or listening
                audience of the programming; and
                    ``(V) whether the programming was part of a
                children's television program as described in the
                Commission's children's television programming policy
                (47 CFR 73.4050(c)).
            ``(ii) With respect to the violator's ability to pay, the
        following:
                    ``(I) whether the violator is a company or
                individual; and
                    ``(II) if the violator is a company, the size of
                the company and the size of the market served.
    ``(G) A broadcast station licensee or permittee that receives
programming from a network organization, but that is not owned or
controlled, or under common ownership or control with, such network
organization, shall not be subject to a forfeiture penalty under this
subsection for broadcasting obscene, indecent, or profane material,
if--
            ``(i) such material was within live or recorded programming
        provided by the network organization to the licensee or
        permittee; and
            ``(ii)(I) the programming was recorded or scripted, and the
        licensee or permittee was not given a reasonable opportunity to
        review the programming in advance; or
            ``(II) the programming was live or unscripted, and the
        licensee or permittee had no reasonable basis to believe the
        programming would contain obscene, indecent, or profane
        material.
The Commission shall by rule define the term `network organization' for
purposes of this subparagraph.''.

SEC. 4. INDECENCY PENALTIES FOR NONLICENSEES.

    Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C.
503(b)(5) is amended--
            (1) by redesignating subparagraphs (A), (B), and (C) as
        clauses (i), (ii), and (iii), respectively;
            (2) by inserting ``(A)'' after ``(5)'';
            (3) by redesignating the second sentence as subparagraph
        (B);
            (4) in such subparagraph (B) as redesignated--
                    (A) by striking ``The provisions of this paragraph
                shall not apply, however,'' and inserting ``The
                provisions of subparagraph (A) shall not apply (i)'';
                    (B) by striking ``operator, if the person'' and
                inserting ``operator, (ii) if the person'';
                    (C) by striking ``or in the case of'' and inserting
                ``(iii) in the case of''; and
                    (D) by inserting after ``that tower'' the
                following: ``, or (iv) in the case of a determination
                that a person uttered obscene, indecent, or profane
                material that was broadcast by a broadcast station
                licensee or permittee, if the person is determined to
                have willfully or intentionally made the utterance'';
                and
            (5) by redesignating the last sentence as subparagraph (C).

SEC. 5. DEADLINES FOR ACTION ON COMPLAINTS.

    Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b))
is amended by adding at the end thereof the following new paragraph:
    ``(7) In the case of an allegation concerning the utterance of
obscene, indecent, or profane material that is broadcast by a station
licensee or permittee--
            ``(A) within 180 days after the date of the receipt of such
        allegation, the Commission shall--
                    ``(i) issue the required notice under paragraph (3)
                to such licensee or permittee or the person making such
                utterance;
                    ``(ii) issue a notice of apparent liability to such
                licensee or permittee or person in accordance with
                paragraph (4); or
                    ``(iii) notify such licensee, permittee, or person
                in writing, and any person submitting such allegation
                in writing or by general publication, that the
                Commission has determined not to issue either such
                notice; and
            ``(B) if the Commission issues such notice and such
        licensee, permittee, or person has not paid a penalty or
        entered into a settlement with the Commission, within 270 days
        after the date of the receipt of such allegation, the
        Commission shall--
                    ``(i) issue an order imposing a forfeiture penalty;
                or
                    ``(ii) notify such licensee, permittee, or person
                in writing, and any person submitting such allegation
                in writing or by general publication, that the
                Commission has determined not to issue either such
                order.''.

SEC. 6. ADDITIONAL REMEDIES FOR INDECENT BROADCAST.

    Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end the following new subsection:
    ``(c) Additional Remedies for Indecent Broadcasting.--In any
proceeding under this section in which the Commission determines that
any broadcast station licensee or permittee has broadcast obscene,
indecent, or profane material, the Commission may, in addition to
imposing a penalty under this section, require the licensee or
permittee to broadcast public service announcements that serve the
educational and informational needs of children. Such announcements may
be required to reach an audience that is up to 5 times the size of the
audience that is estimated to have been reached by the obscene,
indecent, or profane material, as determined in accordance with
regulations prescribed by the Commission.''.

SEC. 7. LICENSE DISQUALIFICATION FOR VIOLATIONS OF INDECENCY
              PROHIBITIONS.

    Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end (after subsection (c) as added by
section 6) the following new subsection:
    ``(d) Consideration of License Disqualification for Violations of
Indecency Prohibitions.--If the Commission issues a notice under
paragraph (3) or (4) of subsection (b) to a broadcast station licensee
or permittee looking toward the imposition of a forfeiture penalty
under this Act based on an allegation that the licensee or permittee
broadcast obscene, indecent, or profane material, and either--
            ``(1) such forfeiture penalty has been paid, or
            ``(2) a court of competent jurisdiction has ordered payment
        of such forfeiture penalty, and such order has become final,
then the Commission shall, in any subsequent proceeding under section
308(b) or 310(d), take into consideration whether the broadcast of such
material demonstrates a lack of character or other qualifications
required to operate a station.''.

SEC. 8. LICENSE RENEWAL CONSIDERATION OF VIOLATIONS OF INDECENCY
              PROHIBITIONS.

    Section 309(k) of the Communications Act of 1934 (47 U.S.C. 309(k))
is amended by adding at the end the following new paragraph:
            ``(5) License renewal consideration of violations of
        indecency prohibitions.--If the Commission has issued a notice
        under paragraph (3) or (4) of section 503(b) to a broadcast
        station licensee or permittee with respect to a broadcast
        station looking toward the imposition of a forfeiture penalty
        under this Act based on an allegation that such broadcast
        station broadcast obscene, indecent, or profane material, and--
                    ``(A) such forfeiture penalty has been paid, or
                    ``(B) a court of competent jurisdiction has ordered
                payment of such forfeiture penalty, and such order has
                become final,
        then such violation shall be treated as a serious violation for
        purposes of paragraph (1)(B) of this subsection with respect to
        the renewal of the license or permit for such station.''.

SEC. 9. LICENSE REVOCATION FOR VIOLATIONS OF INDECENCY PROHIBITIONS.

    Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is
amended by adding at the end the following new subsection:
    ``(h) License Revocation for Violations of Indecency
Prohibitions.--
            ``(1) Consequences of multiple violations.--If, in each of
        3 or more proceedings during the term of any broadcast license,
        the Commission issues a notice under paragraph (3) or (4) of
        section 503(b) to a broadcast station licensee or permittee
        with respect to a broadcast station looking toward the
        imposition of a forfeiture penalty under this Act based on an
        allegation that such broadcast station broadcast obscene,
        indecent, or profane material, and in each such proceeding
        either--
                    ``(A) such forfeiture penalty has been paid, or
                    ``(B) a court of competent jurisdiction has ordered
                payment of such forfeiture penalty, and such order has
                become final,
        then the Commission shall commence a proceeding under
        subsection (a) of this section to consider whether the
        Commission should revoke the station license or construction
        permit of that licensee or permittee for such station.
            ``(2) Preservation of authority.--Nothing in this
        subsection shall be construed to limit the authority of the
        Commission to commence a proceeding under subsection (a).''.

SEC. 10. REQUIRED CONTENTS OF ANNUAL REPORTS OF THE COMMISSION.

    Each annual report submitted by the Federal Communications
Commission after the date of enactment of this Act shall, in accordance
with section 4(k)(2) of the Communications Act of 1934 (47 U.S.C.
154(k)(2)), include the following:
            (1) The number of complaints received by the Commission
        during the year covered by the report alleging that a broadcast
        contained obscene, indecent, or profane material, and the
        number of programs to which such complaints relate.
            (2) The number of those complaints that have been dismissed
        or denied by the Commission.
            (3) The number of complaints that have remained pending at
        the end of the year covered by the annual report.
            (4) The number of notices issued by the Commission under
        paragraph (3) or (4) of section 503(b) of the Communications
        Act of 1934 (47 U.S.C. 503(b)) during the year covered by the
        report to enforce the statutes, rules, and policies prohibiting
        the broadcasting of obscene, indecent, or profane material.
            (5) For each such notice, a statement of--
                    (A) the amount of the proposed forfeiture;
                    (B) the program, station, and corporate parent to
                which the notice was issued;
                    (C) the length of time between the date on which
                the complaint was filed and the date on which the
                notice was issued; and
                    (D) the status of the proceeding.
            (6) The number of forfeiture orders issued pursuant to
        section 503(b) of such Act during the year covered by the
        report to enforce the statutes, rules, and policies prohibiting
        the broadcasting of obscene, indecent, or profane material.
            (7) For each such forfeiture order, a statement of--
                    (A) the amount assessed by the final forfeiture
                order;
                    (B) the program, station, and corporate parent to
                which it was issued;
                    (C) whether the licensee has paid the forfeiture
                order; and
                    (D) the amount paid by the licensee.
            (8) In instances where the licensee has refused to pay,
        whether the Commission referred such order to the Department of
        Justice to collect the penalty.
            (9) In cases where the Commission referred such order to
        the Department of Justice--
                    (A) the number of days from the date the Commission
                issued such order to the date the Commission referred
                such order to the Department;
                    (B) whether the Department has commenced an action
                to collect the penalty, and if such action was
                commenced, the number of days from the date the
                Commission referred such order to the Department to the
                date the action by the Department commenced; and
                    (C) whether the collection action resulted in a
                payment, and if such action resulted in a payment, the
                amount of such payment.

SEC. 11. GAO STUDY OF INDECENT BROADCASTING COMPLAINTS.

    (a) Inquiry and Report Required.--The General Accounting Office
shall conduct a study examining--
            (1) the number of complaints concerning the broadcasting of
        obscene, indecent, and profane material to the Federal
        Communications Commission;
            (2) the number of such complaints that result in final
        agency actions by the Commission;
            (3) the length of time taken by the Commission in
        responding to such complaints;
            (4) what mechanisms the Commission has established to
        receive, investigate, and respond to such complaints; and
            (5) whether complainants to the Commission are adequately
        informed by the Commission of the responses to their
        complaints.
    (b) Submission of Report.--The General Accounting Office shall
submit a report on the results of such study within one year after the
date of enactment of this Act to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives.

SEC. 12. SENSE OF THE CONGRESS.

    (a) Reinstatement of Policy.--It is the sense of the Congress that
the broadcast television station licensees should reinstitute a family
viewing policy for broadcasters.
    (b) Definition.--For purposes of this section, a family viewing
policy is a policy similar to the policy that existed in the United
States from 1975 to 1983, as part of the National Association of
Broadcaster's code of conduct for television, and that included the
concept of a family viewing hour.

SEC. 13. IMPLEMENTATION.

    (a) Regulations.--The Commission shall prescribe regulations to
implement the amendments made by this Act within 180 days after the
date of enactment of this Act.
    (b) Prospective Application.--This Act and the amendments made by
this Act shall not apply with respect to material broadcast before the
date of enactment of this Act.
    (c) Separability.--Section 708 of the Communications Act of 1934
(47 U.S.C. 608) shall apply to this Act and the amendments made by this
Act.

            Passed the House of Representatives March 11, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
Broadcast Decency Enforcement Act of 2004 - (Sec. 2) Amends the Communications Act of 1934 to provide that if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.

(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.

(Sec. 4) Makes the prohibition on penalties against nonlicensees inapplicable in the case of a person who utters obscene, indecent, or profane material broadcast by a licensee or permittee if such person willfully or intentionally makes the utterance.

(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.

(Sec. 6) Authorizes the FCC, in addition to such penalties, to require the offending licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children and reaches an audience of up to five times the audience estimated to have been reached by the obscene, indecent, or profane material.

(Sec. 7) Directs the FCC, in any subsequent proceeding against a broadcast licensee or permittee who has already paid a fine for violating the provisions of this Act or when a court has ordered payment of a penalty and such order has become final, to: (1) consider whether the broadcast of such material demonstrates a lack of character or other qualifications required to operate a station; and (2) treat such violation as a serious violation with respect to the determination of license or permit renewal.

(Sec. 9) Requires that if the FCC has issued a notice of violation in each of three or more proceedings during the term of the broadcast license and in each proceeding the fine was paid or a court has ordered payment of a penalty and such order has become final, then the FCC shall commence a proceeding to consider revocation of that station's license or permit.

(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.

(Sec. 11) Requires the General Accounting Office to study and report to specified congressional committees on the complaints made to the FCC concerning the broadcasting of obscene, indecent, and profane material.

(Sec. 12) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Commission on Missing
Persons Assistance Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The issue of persons missing from war, violations of
        human rights, natural disasters, and other involuntary reasons
        represents a global challenge that affects the United States.
        Every year an estimated 150,000 persons go missing from natural
        disasters alone, and globally there are currently over a
        million reported cases of persons missing from wars and
        violations of human rights. In addition there are thousands of
        reported cases a year of persons missing from trafficking, drug
        related violence, and other causes.
            (2) There continues to be a need, therefore, for an
        organization with a global reach to assist governments in
        locating persons who are missing for a myriad of involuntary
        reasons. The International Commission on Missing Persons (ICMP)
        is the only organization in the world that has been developed
        to meet this global need. It has 15 years of experience in
        assisting governments locate persons missing from wars, human
        rights abuses, and natural disasters, and there is an
        increasing demand for ICMP to assist in other missing persons'
        scenarios, such as, for example, trafficking and drug related
        violence.
            (3) Since the ICMP was created at the initiative of the
        United States in 1996 at a G-7 Summit to address the issue of
        persons missing from the conflicts of the 1990s in the former
        Yugoslavia, the ICMP has developed a unique, DNA led process
        that has led to the identification of over 18,000 individuals.
            (4) At the ICMP's founding, the Department of State
        facilitated obtaining a headquarters' agreement with Bosnia and
        Herzegovina that provided ICMP with privileges and immunities
        so that it could carry out its work, which was to secure the
        cooperation of governments in locating and identifying missing
        persons from the conflicts. In its headquarters' agreement,
        ICMP is recognized as an organization equivalent to an inter-
        governmental organization.
            (5) ICMP's model requires governments to take
        responsibility for clarifying the fate of missing persons via
        governmental and rule of law mechanisms. In doing so,
        governments build public trust in rule of law institutions,
        seek to account for all regardless of their status or role in
        conflicts, and fulfill their obligations to surviving families
        of the missing.
            (6) ICMP works closely with associations of families of
        missing persons, developing their capacity to take an active
        role in the missing persons' process, including holding
        governments to account and encouraging cooperation across
        ethnic or sectarian divisions.
            (7) ICMP's work in post-conflict societies supports efforts
        to prevent future conflict and directly contributes to truth
        and reconciliation. ICMP also provides evidence including
        testimony in courts prosecuting war crimes.
            (8) ICMP also assists countries facing large scale loss of
        life following natural or manmade disasters. With the highest
        throughput identification laboratory system in the world and
        unparalleled experience in the management of mortal remains,
        ICMP has become INTERPOL's primary partner in Disaster Victim
        Identification (DVI).
            (9) ICMP's operational success has exceeded all
        expectations and its law-based approach that includes the
        judiciary and affiliated domestic legal services has been
        extended to Colombia and Iraq. ICMP has also provided technical
        assistance to Chile and South Africa on conflict and human
        rights' cases and the United States, Thailand, and the
        Philippines following natural disasters, such as Hurricane
        Katrina.
            (10) In the intervening years there has also been increased
        demand for ICMP's work to address other cases of missing
        persons, including persons missing from trafficking, drug
        related violence and to other missing persons' scenarios.
            (11) Currently ICMP, through an agreement facilitated by
        the Department of State in 1997, has such a status in Bosnia
        and Herzegovina, thus, for example, allowing it to maintain and
        protect a database that contains 150,000 genetic profiles. In
        two years' time, ICMP will experience a situation of
        diminishing resources on its assistance in the Balkans, which
        could have continued political consequences on its work if it
        maintains its headquarters and capacities in that region.
        However, moving ICMP's headquarters and technical capacities
        from Bosnia and Herzegovina would have immediate consequences
        on ICMP's ability to maintain some of its current core
        technical activities.
            (12) ICMP is not incorporated under the domestic law of any
        country, and is by implication not a nongovernmental
        organization. In order to carry out its work, ICMP has been
        granted the status of a quasi-international organization with
        international legal capacities in Bosnia, Croatia, Macedonia,
        and Serbia. However, that status is not universally recognized,
        which has led to an unclear legal situation outside these
        countries.
            (13) Certain immunities are required for operations
        considering that ICMP operates on sovereign territory in crime
        scenes (such as mass graves) and holds considerable quantities
        of confidential genetic information relating to victims of
        human rights' abuses and their surviving relatives.
            (14) A series of meetings convened by the ICMP during 2002
        and 2004, with government representatives from the United
        States, Denmark, the Netherlands, and the United Kingdom,
        reviewed the ICMP's work and its need for a permanent and
        internationally recognized legal status. The representatives
        produced a draft framework agreement, which remains unratified,
        but the government representatives did agree to expand ICMP's
        work, thus allowing it to work globally in assisting
        governments, and the representatives also stipulated that ICMP
        should extend its activities to include assistance to
        governments in locating persons missing from natural disasters,
        as well as from wars and violations of human rights.

SEC. 3. STATEMENT OF POLICY.

    It is the sense of Congress that--
            (1) the United States should continue to support the work
        of the International Commission on Missing Persons (ICMP) to--
                    (A) clarify the fate of persons missing as a result
                of conflict and natural and man-made disasters; and
                    (B) collect and maintain sensitive genetic
                information for victim identification;
            (2) the United States should continue to support the
        expansion of the ICMP's mandate to include assistance to
        governments in locating all persons missing for involuntary
        reasons;
            (3) the President should enunciate a clear policy of
        assisting the ICMP in establishing a permanent and
        internationally recognized legal status to carry out its
        mandate globally; and
            (4) the Secretary of State shall make every effort to
        advance this proposal at the United Nations.

SEC. 4. REPORT.

    Not later than one year after the date of the enactment of this
Act, the Secretary of State shall submit to Congress a report on the
activities carried out in accordance with section 3.

Output:
International Commission on Missing Persons Assistance Act of 2012 - Expresses the sense of Congress that: (1) the United States should support the work of the International Commission on Missing Persons (ICMP) to clarify the fate of persons missing as a result of conflict and natural and man-made disasters, (2) the United States should support the expansion of the ICMP's mandate to include assistance to governments in locating persons missing for involuntary reasons, (3) the President should enunciate a policy of assisting the ICMP in establishing a permanent and internationally recognized legal status, and (4) the Secretary of State shall make every effort to advance this proposal at the United Nations (U.N.).

Directs the Secretary to report to Congress regarding such activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Information
Sharing Act''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The Federal Government is required by the Constitution
        to provide for the common defense, which includes terrorist
        attack.
            (2) The Federal Government relies on State and local
        personnel to protect against terrorist attack.
            (3) The Federal Government collects, creates, manages, and
        protects classified and sensitive but unclassified information
        to enhance homeland security.
            (4) Some homeland security information is needed by the
        State and local personnel to prevent and prepare for terrorist
        attack.
            (5) The needs of State and local personnel to have access
        to relevant homeland security information to combat terrorism
        must be reconciled with the need to preserve the protected
        status of such information and to protect the sources and
        methods used to acquire such information.
            (6) Granting security clearances to certain State and local
        personnel is one way to facilitate the sharing of information
        regarding specific terrorist threats among Federal, State, and
        local levels of government.
            (7) Methods exist to declassify, redact, or otherwise adapt
        classified information so it may be shared with State and local
        personnel without the need for granting additional security
        clearances.
            (8) State and local personnel have capabilities and
        opportunities to gather information on suspicious activities
        and terrorist threats not possessed by Federal agencies.
            (9) The Federal Government and State and local governments
        and agencies in other jurisdictions may benefit from such
        information.
            (10) Federal, State, and local governments and
        intelligence, law enforcement, and other emergency preparation
        and response agencies must act in partnership to maximize the
        benefits of information gathering and analysis to prevent and
        respond to terrorist attacks.
            (11) Information systems, including the National Law
        Enforcement Telecommunications System and the Terrorist Threat
        Warning System, have been established for rapid sharing of
        classified and sensitive but unclassified information among
        Federal, State, and local entities.
            (12) Increased efforts to share homeland security
        information should avoid duplicating existing information
        systems.
    (b) Sense of Congress.--It is the sense of Congress that Federal,
State, and local entities should share homeland security information to
the maximum extent practicable, with special emphasis on hard-to-reach
urban and rural communities.

SEC. 3. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES.

    (a) Presidential Procedures for Determining Extent of Sharing of
Homeland Security Information.--(1) The President shall prescribe
procedures under which relevant Federal agencies determine--
            (A) whether, how, and to what extent homeland security
        information may be shared with appropriate State and local
        personnel, and with which such personnel it may be shared;
            (B) how to identify and safeguard homeland security
        information that is sensitive but unclassified; and
            (C) to the extent such information is in classified form,
        whether, how, and to what extent to remove classified
        information, as appropriate, and with which such personnel it
        may be shared after such information is removed.
    (2) The President shall ensure that such procedures apply to all
agencies of the Federal Government.
    (3) Such procedures shall not change the substantive requirements
for the classification and safeguarding of classified information.
    (4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
    (b) Procedures for Sharing of Homeland Security Information.--(1)
Under procedures prescribed by the President, all appropriate agencies,
including the intelligence community, shall, through information
sharing systems, share homeland security information with appropriate
State and local personnel to the extent such information may be shared,
as determined in accordance with subsection (a), together with
assessments of the credibility of such information.
    (2) Each information sharing system through which information is
shared under paragraph (1) shall--
            (A) have the capability to transmit unclassified or
        classified information, though the procedures and recipients
        for each capability may differ;
            (B) have the capability to restrict delivery of information
        to specified subgroups by geographic location, type of
        organization, position of a recipient within an organization,
        or a recipient's need to know such information;
            (C) be configured to allow the efficient and effective
        sharing of information; and
            (D) be accessible to appropriate State and local personnel.
    (3) The procedures prescribed under paragraph (1) shall establish
conditions on the use of information shared under paragraph (1)--
            (A) to limit the redissemination of such information to
        ensure that such information is not used for an unauthorized
        purpose;
            (B) to ensure the security and confidentiality of such
        information;
            (C) to protect the constitutional and statutory rights of
        any individuals who are subjects of such information; and
            (D) to provide data integrity through the timely removal
        and destruction of obsolete or erroneous names and information.
    (4) The procedures prescribed under paragraph (1) shall ensure, to
the greatest extent practicable, that the information sharing system
through which information is shared under such paragraph include
existing information sharing systems, including, but not limited to,
the National Law Enforcement Telecommunications System, the Regional
Information Sharing System, and the Terrorist Threat Warning System of
the Federal Bureau of Investigation.
    (5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing system through
which information is shared under paragraph (1), and shall therefore
have access to all information, as appropriate, shared under such
paragraph.
    (6) The procedures prescribed under paragraph (1) shall ensure that
appropriate State and local personnel are authorized to use such
information sharing systems--
            (A) to access information shared with such personnel; and
            (B) to share, with others who have access to such
        information sharing systems, the homeland security information
        of their own jurisdictions, which shall be marked appropriately
        as pertaining to potential terrorist activity.
    (7) Under procedures prescribed jointly by the Director of Central
Intelligence and the Attorney General, each appropriate Federal agency,
as determined by the President, shall review and assess the information
shared under paragraph (6) and integrate such information with existing
intelligence.
    (c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--(1) The
President shall prescribe procedures under which Federal agencies may,
to the extent the President considers necessary, share with appropriate
State and local personnel homeland security information that remains
classified or otherwise protected after the determinations prescribed
under the procedures set forth in subsection (a).
    (2) It is the sense of Congress that such procedures may include
one or more of the following means:
            (A) Carrying out security clearance investigations with
        respect to appropriate State and local personnel.
            (B) With respect to information that is sensitive but
        unclassified, entering into nondisclosure agreements with
        appropriate State and local personnel.
            (C) Increased use of information-sharing partnerships that
        include appropriate State and local personnel, such as the
        Joint Terrorism Task Forces of the Federal Bureau of
        Investigation, the Anti-Terrorism Task Forces of the Department
        of Justice, and regional Terrorism Early Warning Groups.
    (d) Responsible Officials.--For each affected Federal agency, the
head of such agency shall designate an official to administer this Act
with respect to such agency.
    (e) Federal Control of Information.--Under procedures prescribed
under this section, information obtained by a State or local government
from a Federal agency under this section shall remain under the control
of the Federal agency, and a State or local law authorizing or
requiring such a government to disclose information shall not apply to
such information.
    (f) Definitions.--In this section:
            (1) The term ``homeland security information'' means any
        information possessed by a Federal, State, or local agency
        that--
                    (A) relates to the threat of terrorist activity;
                    (B) relates to the ability to prevent, interdict,
                or disrupt terrorist activity;
                    (C) would improve the identification or
                investigation of a suspected terrorist or terrorist
                organization; or
                    (D) would improve the response to a terrorist act.
            (2) The term ``intelligence community'' has the meaning
        given such term in section 3(4) of the National Security Act of
        1947 (50 U.S.C. 401a(4)).
            (3) The term ``State and local personnel'' means any of the
        following persons involved in prevention, preparation, or
        response for terrorist attack:
                    (A) State Governors, mayors, and other locally
                elected officials.
                    (B) State and local law enforcement personnel and
                firefighters.
                    (C) Public health and medical professionals.
                    (D) Regional, State, and local emergency management
                agency personnel, including State adjutant generals.
                    (E) Other appropriate emergency response agency
                personnel.
                    (F) Employees of private-sector entities that
                affect critical infrastructure, cyber, economic, or
                public health security, as designated by the Federal
                government in procedures developed pursuant to this
                section.
            (4) The term ``State'' includes the District of Columbia
        and any commonwealth, territory, or possession of the United
        States.

SEC. 4. REPORT.

    (a) Report Required.--Not later than 12 months after the date of
the enactment of this Act, the President shall submit to the
congressional committees specified in subsection (b) a report on the
implementation of section 3. The report shall include any
recommendations for additional measures or appropriation requests,
beyond the requirements of section 3, to increase the effectiveness of
sharing of information among Federal, State, and local entities.
    (b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following committees:
            (1) The Permanent Select Committee on Intelligence and the
        Committee on the Judiciary of the House of Representatives.
            (2) The Select Committee on Intelligence and the Committee
        on the Judiciary of the Senate.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out section 3.

Output: Homeland Security Information Sharing Act - Directs the President to: (1) prescribe procedures for Federal agencies for sharing homeland security information with State and local personnel, for identifying and safeguarding homeland security information that is sensitive but unclassified, and for removing classified information; and (2) ensure that such procedures apply to all Federal agencies.Requires all appropriate agencies including the intelligence community, under procedures prescribed by the President, to share homeland security information (with credibility assessments) with State and local personnel. Directs that: (1) such procedures establish conditions on the use of information shared to limit the re-dissemination of information, ensure information security and confidentiality, protect the rights of individuals who are subjects of such information, and provide data integrity through timely removal and destruction of obsolete or erroneous information, and include existing information sharing systems; and (2) each appropriate Federal agency have access to each information sharing system and the information within it.Directs the President to prescribe procedures under which Federal agencies may share classified homeland security information with appropriate State and local personnel, including through security clearance investigations, non-disclosure agreements (for information that is sensitive but unclassified), and increased use of information-sharing partnerships.Directs that information obtained by a State or local government from a Federal agency under this Act remain under the Federal agency's control, and that a State or local law authorizing or requiring such a government to disclose information not apply to such information.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hope Offered through Principled and
Ethical Stem Cell Research Act'' or the ``HOPE Act''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to--
            (1) intensify research that may result in improved
        understanding of or treatments for diseases and other adverse
        health conditions; and
            (2) promote the derivation of pluripotent stem cell lines
        without the creation of human embryos for research purposes and
        without the destruction or discarding of, or risk of injury to,
        a human embryo or embryos other than those that are naturally
        dead.

SEC. 3. HUMAN PLURIPOTENT STEM CELL RESEARCH.

    Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498C the following:

``SEC. 498D. HUMAN PLURIPOTENT STEM CELL RESEARCH.

    ``(a) In General.--The Secretary shall conduct and support basic
and applied research to develop techniques for the isolation,
derivation, production, or testing of stem cells, including pluripotent
stem cells that have the flexibility of embryonic stem cells (whether
or not they have an embryonic source), that may result in improved
understanding of or treatments for diseases and other adverse health
conditions, provided that the isolation, derivation, production, or
testing of such cells will not involve--
            ``(1) the creation of a human embryo or embryos for
        research purposes; or
            ``(2) the destruction or discarding of, or risk of injury
        to, a human embryo or embryos other than those that are
        naturally dead.
    ``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director of NIH, shall issue final guidelines that--
            ``(1) provide guidance concerning the next steps required
        for additional research, which shall include a determination of
        the extent to which specific techniques may require additional
        animal research to ensure that any research involving human
        cells using these techniques would clearly be consistent with
        the standards established under subsection (a);
            ``(2) prioritize research with the greatest potential for
        near-term clinical benefit;
            ``(3) consistent with standards established under
        subsection (a), take into account techniques outlined by the
        President's Council on Bioethics and any other appropriate
        techniques and research; and
            ``(4) in the case of research involving stem cells from a
        naturally dead embryo, require assurances from grant applicants
        that no alteration of the timing, methods, or procedures used
        to create, maintain, or intervene in the development of a human
        embryo was made solely for the purpose of deriving the stem
        cells.
    ``(c) Reporting Requirements.--Not later than January 1 of each
year, the Secretary shall prepare and submit to the appropriate
committees of the Congress a report describing the activities carried
out under this section during the fiscal year, including a description
of the research conducted under this section.
    ``(d) Rule of Construction.--Nothing in this section shall be
construed as altering the policy in effect on the date of enactment of
this section regarding the eligibility of stem cell lines for funding
by the National Institutes of Health.
    ``(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
    ``(f) Definitions.--In this section:
            ``(1) Naturally dead.--The term `naturally dead' means
        having naturally and irreversibly lost the capacity for
        integrated cellular division, growth, and differentiation that
        is characteristic of an organism, even if some cells of the
        former organism may be alive in a disorganized state.
            ``(2) Human embryo or embryos.--The term `human embryo or
        embryos' includes any organism, not protected as a human
        subject under part 46 of title 45, Code of Federal Regulations,
        as of the date of enactment of this section, that is derived by
        fertilization, parthenogenesis, cloning, or any other means
        from one or more human gametes or human diploid cells.
            ``(3) Risk of injury.--The term `risk of injury' means
        subjecting a human embryo or embryos to risk of injury or death
        greater than that allowed for research on fetuses in utero
        under section 46.204(b) of title 45, Code of Federal
        Regulations, and section 498(b) of this Act.''.

SEC. 4. NATIONAL AMNIOTIC AND PLACENTAL STEM CELL BANK.

    (a) In General.--The Secretary of Health and Human Services shall
enter into a contract with the Institute of Medicine for the conduct of
a study to recommend an optimal structure for an amniotic and placental
stem cell bank program and to address pertinent issues to maximize the
potential of such technology, including collection, storage, standards
setting, information sharing, distribution, reimbursement, research,
and outcome measures. In conducting such study, the Institute should
receive input from relevant experts including the existing operators of
federal tissue bank programs and the biomedical research programs
within the Department of Defense.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Institute of Medicine shall complete the study under
subsection (a) and submit to the Secretary of Health and Human Services
and the appropriate committees of Congress a report on the results of
such study.

            Passed the Senate April 11, 2007.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.

Output:
Hope Offered through Principled and Ethical Stem Cell Research Act or the HOPE Act - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services to develop techniques for the isolation, derivation, production, or testing of stem cells, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not they have an embryonic source), that may result in improved understanding of or treatments for diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a human embryo or embryos for research purposes; or (2) the destruction or discarding of, or risk of injury to, a human embryo of embryos other than those that are naturally dead.

Requires the Secretary to: (1) provide guidance concerning the next steps required for additional research; (2) prioritize research with the greatest potential for near-term clinical benefits; (3) take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research; and (4) require assurances from grant applicants, in the case of research involving stem cells from a naturally dead embryo, that no alteration of the timing, methods, or procedures used to create, maintain, or intervene in the development of a human embryo was made solely for the purpose of deriving the stem cells.

Sets forth reporting requirements.

Authorizes appropriations.

(Sec. 4) Directs the Secretary to enter into a contract with the Institute of Medicine to conduct a study to: (1) recommend an optimal structure for an amniotic and placental stem cell bank program; and (2) address pertinent issues to maximize the potential of such technology.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are over 600 different Federal financial
        assistance programs to implement domestic policy;
            (2) while the assistance described in paragraph (1) has
        been directed at critical problems, some Federal administrative
        requirements may be duplicative, burdensome, or conflicting,
        thus impeding cost-effective delivery of services at the local
        level;
            (3) the Nation's State, local, and tribal governments and
        private, nonprofit organizations are dealing with increasingly
        complex problems which require the delivery and coordination of
        many kinds of services; and
            (4) streamlining and simplifying Federal financial
        assistance administrative procedures and reporting requirements
        will improve the delivery of services to the public.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) improve the effectiveness and performance of Federal
        financial assistance programs;
            (2) simplify Federal financial assistance application and
        reporting requirements;
            (3) improve the delivery of services to the public; and
            (4) facilitate greater coordination among those responsible
        for delivering such services.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of
        the Office of Management and Budget.
            (2) Federal agency.--The term ``Federal agency'' means any
        agency as defined under section 551(1) of title 5, United
        States Code.
            (3) Federal financial assistance.--The term ``Federal
        financial assistance'' has the meaning given that term under
        section 7501(a) of title 31, United States Code, under which
        Federal financial assistance is provided, directly or
        indirectly, to a non-Federal entity.
            (4) Local government.--The term ``local government'' has
        the meaning given that term under section 7501(a) of title 31,
        United States Code.
            (5) Non-federal entity.--The term ``non-Federal entity''
        means a State, local government, or nonprofit organization.
            (6) Nonprofit organization.--The term ``nonprofit
        organization'' means any corporation, trust, association,
        cooperative, or other organization that--
                    (A) is operated primarily for scientific,
                educational, service, charitable, or similar purposes
                in the public interest;
                    (B) is not organized primarily for profit; and
                    (C) uses net proceeds to maintain, improve, or
                expand the operations of the organization.
            (7) State.--The term ``State'' means each State of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Virgin Islands of the United States, Guam,
        American Samoa, the Commonwealth of the Northern Mariana
        Islands, any other territory or possession of the United
        States, and any instrumentality thereof, any multi-State,
        regional, or interstate entity which has governmental
        functions, and any federally recognized Indian tribe.
            (8) Tribal government.--The term ``tribal government''
        means an Indian tribe, as that term is defined in section
        7501(a) of title 31, United States Code.
            (9) Uniform administrative rule.--The term ``uniform
        administrative rule'' means a Governmentwide uniform rule for
        any generally applicable requirement established to achieve
        national policy objectives that applies to multiple Federal
        financial assistance programs across Federal agencies.

SEC. 5. DUTIES OF THE DIRECTOR.

    (a) In General.--The Director, in consultation with agency heads
and representatives of non-Federal entities, shall direct, coordinate,
and assist Federal agencies in implementing--
            (1) a common application and reporting system, including--
                    (A) a common application or set of common
                applications, wherein a non-Federal entity can apply
                for Federal financial assistance from multiple Federal
                financial assistance programs that serve similar
                purposes and are administered by different Federal
                agencies;
                    (B) a common system, including electronic
                processes, wherein a non-Federal entity can apply for,
                manage, and report on the use of funding from multiple
                Federal financial assistance programs that serve
                similar purposes and are administered by different
                Federal agencies; and
                    (C) uniform administrative rules for Federal
                financial assistance programs across different Federal
                agencies; and
            (2) an interagency process for addressing--
                    (A) ways to streamline and simplify Federal
                financial assistance administrative procedures and
                reporting requirements for non-Federal entities;
                    (B) improved interagency and intergovernmental
                coordination of information collection and sharing of
                data pertaining to Federal financial assistance
                programs, including appropriate information sharing
                consistent with section 552a of title 5, United States
                Code; and
                    (C) improvements in the timeliness, completeness,
                and quality of information received by Federal agencies
                from recipients of Federal financial assistance.
    (b) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
    (c) Review of Plans and Reports.--Upon the request of the Director,
agencies shall submit to the Director, for the Director's review,
information and other reporting regarding agency implementation of this
Act.
    (d) Exemptions.--The Director may exempt any Federal agency or
Federal financial assistance program from the requirements of this Act
if the Director determines that the Federal agency does not have a
significant number of Federal financial assistance programs. The
Director shall maintain a list of exempted agencies which shall be
available to the public through the website of the Office of Management
and Budget.
    (e) Report on Recommended Changes in Law.--Not later than 18 months
after the date of the enactment of this Act, the Director shall submit
to Congress a report containing recommendations for changes in law to
improve the effectiveness, performance, and coordination of Federal
financial assistance programs.
    (f) Deadline.--All actions required under this section shall be
carried out not later than 18 months after the date of the enactment of
this Act.

SEC. 6. COLLECTION OF INFORMATION.

    Nothing in this Act shall be construed to prevent the Director or
any Federal agency from gathering, or to exempt any recipient of
Federal financial assistance from providing, information that is
required for review of the financial integrity or quality of services
of an activity assisted by a Federal financial assistance program.

SEC. 7. JUDICIAL REVIEW.

    There shall be no judicial review of compliance or noncompliance
with any of the provisions of this Act. No provision of this Act shall
be construed to create any right or benefit, substantive or procedural,
enforceable by any administrative or judicial action.

SEC. 8. STATUTORY REQUIREMENTS.

    Nothing in this Act shall be construed as a means to deviate from
the statutory requirements relating to applicable Federal financial
assistance programs.

SEC. 9. EFFECTIVE DATE AND SUNSET.

    This Act shall take effect on the date of the enactment of this Act
and shall cease to be effective 8 years after such date of enactment.

Output: Federal Financial Assistance Management Improvement Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to direct, coordinate, and assist federal agencies in implementing: (1) a common application and reporting system and uniform administrative rules for federal financial assistance programs; and (2) an interagency process for addressing ways to streamline and simplify federal financial assistance administrative procedures and reporting requirements for state and local governments and nonprofit organizations (non-federal entities), improved interagency and intergovernmental coordination of information collection and data sharing, and improvements in the timeliness, completeness, and quality of information received by agencies from recipients of federal financial assistance. Authorizes the Director to exempt any federal agency or federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of federal financial assistance programs.