Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeowners' Emergency Mortgage
Assistance Act''.

SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM.

    (a) In General.--The Secretary shall establish a program to make
payments on a mortgage for a 1- to 4-family residence when--
            (1) the mortgagee has given the mortgagor notice in
        accordance with section 3(b) that it intends to foreclose the
        mortgage;
            (2) at least 2 full monthly installments due on the
        mortgage are unpaid after the application of any partial
        payments that may have been accepted but not yet applied to the
        mortgage account;
            (3) the mortgagor is suffering financial hardship due to
        circumstances beyond the control of the mortgagor which render
        the mortgagor unable to correct the delinquency on the mortgage
        and unable to make full mortgage payments before the expiration
        of the 60-day period beginning on the date that notice was sent
        to the mortgagor in accordance with section 3(b);
            (4) there is a reasonable prospect that the mortgagor will
        be able to resume full mortgage payments not later than 36
        months after the beginning of the period for which assistance
        payments are provided and to pay the mortgage in full by its
        maturity date or by a later date agreed upon by the mortgagee;
            (5) the property mortgaged is the mortgagor's principal
        place of residence;
            (6) the mortgagor does not own other residential property
        which is subject to a mortgage;
            (7) the mortgagor has applied to the Secretary for
        assistance in accordance with section 4; and
            (8) the mortgagor has not been more than 60 days in arrears
        on a residential mortgage within the 2-year period preceding
        the delinquency for which assistance is requested, unless the
        mortgagor can demonstrate that the prior delinquency was the
        result of financial hardship due to circumstances beyond the
        control of the mortgagor.
    (b) Effect of Finding of Ineligibility.--If, after reviewing an
application for assistance submitted in accordance with section 4, the
Secretary determines that the mortgagor has not met the conditions of
eligibility described in subsection (a), the mortgagor shall be
prohibited from reapplying for assistance under this Act until the
expiration of the 6-month period beginning on the date of such
determination unless there is a material change in the financial
circumstances of the mortgagor.
    (c) Determination Relating to Financial Hardship.--In determining
whether a financial hardship (which may be caused by a reduction in
income or an increase in expenses, or both) is due to circumstances
beyond the control of a mortgagor, the Secretary may consider
information regarding the mortgagor's employment record, credit
history, and current income. Such circumstances shall include, but not
be limited to--
            (1) loss of job of a member of the household;
            (2) salary, wage, or earnings reduction of a member of the
        household;
            (3) injury, disability, or illness of a member of the
        household;
            (4) divorce or separation in the household; or
            (5) death of a member of the household.
    (d) Housing Counseling Agencies.--The Secretary shall designate and
approve nonprofit housing counseling agencies in each State to be
available to assist the Secretary in implementing the program
established pursuant to subsection (a) of this section and to section
4(b)(1)(A). Nonprofit housing agencies designated and approved under
this subsection shall provide assistance to an eligible mortgagor
during the entire period that such mortgagor receives assistance under
this Act.

SEC. 3. LEGAL ACTION.

    (a) Conditions Under Which Legal Action Is Prohibited.--Except as
otherwise provided in the Act, a mortgagee of a mortgage for a 1- to 4-
family residence may not accelerate the maturity of or commence any
legal action regarding such a mortgage (including, but not limited to,
mortgage foreclosure to recover under such obligation) or take
possession of any security of the mortgagor for such mortgage
obligation unless the mortgagee has sent to the mortgagor notice
pursuant to subsection (b). In addition, the mortgagee may not take
such action--
            (1) before the expiration of the 30-day period beginning on
        the date that notice of the intent to take such action was sent
        to the mortgagor in accordance with subsection (b);
            (2) before the expiration of the 30-day period beginning on
        the date of the initial meeting between the mortgagor and an
        approved counseling agency held in accordance with section
        4(a);
            (3) if an application for such assistance under this Act
        has been submitted to the Secretary on behalf of the mortgagor
        and such application--
                    (A) is pending; or
                    (B) has been approved but payments have not yet
                been made toward the mortgage; or
            (4) if payment toward the mortgage is being made under this
        Act.
    (b) Requirements of Notice.--The Secretary shall issue regulations
that include, but are not limited to, a uniform notice under this
section. Such notice shall be in plain language and shall--
            (1) inform the mortgagor in large bold type that he or she
        may be eligible for temporary assistance in making mortgage
        payments;
            (2) include an explanation of the mortgage assistance
        program under this Act;
            (3) inform the mortgagor that to apply for mortgage
        assistance, he or she shall attend a meeting in accordance with
        section 4(a) within 30 days of the date of the notice;
            (4) include the legal action intended and the basis
        therefore;
            (5) include a list of approved counseling agencies located
        in the State in which the mortgagor resides;
            (6) be sent via first class mail to the last known address
        of the mortgagor; and
            (7) be subject to such other requirements as prescribed by
        the Secretary.

SEC. 4. APPLICATION FOR ASSISTANCE.

    (a) Meeting.--
            (1) In general.--To apply for assistance under this Act,
        not later than 30 days after receiving notice in accordance
        with section 3(b), a mortgagor shall attend a face-to-face
        meeting with the mortgagee or an approved counseling agency to
        attempt to prevent legal action for which the notice was sent
        by restructuring the mortgage payment schedule. A meeting under
        this paragraph may be conducted over the telephone under
        circumstances prescribed by the Secretary.
            (2) Notice.--If the mortgagor meets with the approved
        counseling agency within the period specified in paragraph (1),
        the approved counseling agency shall send notice of the meeting
        which includes, but is not limited to, the date of the meeting,
        to the mortgagee not later than 5 business days after the
        meeting.
    (b) Preparation; Submission.--
            (1) In general.--If the mortgagor is not able to resolve
        the default and prevent foreclosure before the expiration of
        the 30-day period beginning on the date of the meeting, the
        mortgagor may file an application for mortgage assistance under
        this Act. At the request of the mortgagor, an approved
        counseling agency shall--
                    (A) assist the mortgagor in preparing an
                application for assistance under this Act; and
                    (B) not later than 30 days after the mortgagor
                initially requests assistance in the preparation of the
                application, submit the completed application to the
                Secretary.
            (2) Fees.--The Secretary may pay approved counseling
        agencies a fee, in an amount determined by the Secretary, for
        rendering assistance pursuant to this Act.
    (c) Notice to Mortgagee.--If the approved counseling agency submits
an application for assistance to the Secretary on behalf of a
mortgagor, the approved counseling agency shall, not later than 5
business days after submitting the application, inform the mortgagee of
the date that the application was submitted.
    (d) Form; Contents.--An application for assistance under this Act
shall be submitted on a form prescribed by the Secretary and shall
include a financial statement disclosing all assets and liabilities of
the mortgagor, whether singly or jointly held, and all household income
regardless of source.
    (e) Effect of Misrepresentation.--A mortgagor who intentionally
misrepresents any financial information in connection with the filing
of an application for assistance under this Act may be denied
assistance and required to immediately repay any amount of assistance
received, and the mortgagee may, at any time thereafter, take any legal
action to enforce the mortgage without any further restrictions or
requirements under this Act.
    (f) Availability.--An application for assistance under this Act may
be obtained from an approved counseling agency.
    (g) Determination on Application.--
            (1) Time period.--The Secretary shall determine eligibility
        of a mortgagor for assistance under this Act not later than 60
        days after receipt of the application of the mortgagor.
            (2) Notification.--Not later than 5 business days after
        making the determination on an application for assistance, the
        Secretary shall notify the mortgagor and the mortgagee as to
        whether the application has been approved or disapproved.

SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY.

    (a) Amount To Bring Mortgage Current.--If the Secretary determines
that a mortgagor is eligible for assistance under this Act and the
Secretary approves such mortgagor for assistance, the Secretary shall
pay to the mortgagee from any amounts made available to carry out this
Act the full amount due to the mortgagee pursuant to the terms of the
mortgage without regard to any acceleration under the mortgage, or the
full amount of any alternative mortgage payments agreed to by the
mortgagee and mortgagor on the date that the application is approved by
the Secretary. This amount shall include the amount of principal,
interest, taxes, assessments, ground rents, hazard insurance, any
mortgage insurance or credit insurance premiums, and reasonable
attorneys' fees incurred by such mortgagee in relation to the
arrearage.
    (b) Monthly Assistance Payments.--
            (1) In general.--The Secretary shall make monthly mortgage
        assistance payments to the mortgagee on behalf of the mortgagor
        pursuant to this Act.
            (2) Obligation of the mortgagor.--A mortgagor on whose
        behalf the Secretary is making the mortgage assistance payments
        shall pay monthly payments to the Secretary. Such payments
        shall be in an amount which will cause the mortgagor's total
        housing expense not to exceed 35 percent of the mortgagor's net
        effective income. This shall be the maximum amount the
        mortgagor can be required to pay during the 36 months a
        mortgagor is eligible for mortgage assistance.
            (3) Obligation of the secretary.--Upon receipt of this
        payment from the mortgagor, the Secretary or the Secretary's
        duly authorized agent shall send the total mortgage payment
        directly to the mortgagee.
    (c) Review Upon Delinquency.--If the mortgagor fails to pay to the
Secretary any amounts due directly from the mortgagor under this
section not later than 15 days after such due date, the Secretary or
its designated agent shall review the mortgagor's financial
circumstances to determine whether a delinquency in payments due from
the mortgagor under this section or section 6 is the result of a change
in the mortgagor's financial circumstances since the payment amount was
last determined. If the delinquency is not the result of a change in
the mortgagor's financial circumstances, the Secretary shall terminate
future mortgage assistance payments and the mortgagee may, at any time
thereafter, take any legal action to enforce its mortgage without any
further restriction or requirement. If the delinquency is the result of
such a change, the Secretary shall modify the mortgagor's required
payments to the Secretary as the Secretary shall determine.
    (d) Period for Assistance.--Payments under this Act shall be
provided for a period not to exceed 36 months, either consecutively or
nonconsecutively. The Secretary shall establish procedures for periodic
review of the mortgagor's financial circumstances for the purpose of
determining the necessity for continuation, termination, or adjustment
of the amount of the payments.

SEC. 6. REPAYMENT OF ASSISTANCE.

    (a) Assistance Loan.--The amount by which the assistance payments
made by the Secretary to the mortgagee exceeds the amount of payments
made by the mortgagor to the Secretary shall be a loan by the Secretary
to the mortgagor. The loan shall be evidenced by such documents as the
Secretary shall determine necessary to protect the interests of the
United States.
    (b) Repayment of Assistance Loan.--Before making assistance
payments under this Act on behalf of a mortgagor, the Secretary shall
enter into an agreement with the mortgagor for repayment of all
mortgage assistance made by the Secretary under section 5, plus
interest as provided in subsection (c). The agreement shall provide for
monthly payments by the mortgagor to the Secretary which (1) shall
begin once the Secretary has determined that continuation of mortgage
assistance payments to the mortgagee is unnecessary, and (2) shall be
in an amount determined as follows:
            (1) Housing expense less than 35 percent.--If the
        mortgagor's total housing expense is less than 35 percent of
        the mortgagor's net effective income, the mortgagor shall pay
        to the Secretary the difference between 35 percent of the
        mortgagor's net effective income and the mortgagor's total
        housing expense unless otherwise determined by the Secretary
        after examining the mortgagor's financial circumstances and
        ability to contribute to repayment of the mortgage assistance.
            (2) Housing expense greater than 35 percent.--If the
        mortgagor's total housing expense is more than 35 percent of
        the mortgagor's net effective income, repayment of the mortgage
        assistance shall be deferred until the mortgagor's total
        housing expense is less than 35 percent of the mortgagor's net
        effective income.
            (3) When mortgage paid in full.--Notwithstanding paragraphs
        (1) and (2), if repayment of mortgage assistance is not made by
        the date that the mortgage is paid in full, the mortgagor shall
        make mortgage assistance repayments in an amount not less than
        the previous regular mortgage payment until the mortgage
        assistance is repaid.
    (c) Interest.--Interest shall accrue on all mortgage assistance
made under this Act at the rate determined monthly by the Secretary of
the Treasury to be equal to the then current average yield on
outstanding 30-year bonds issued by the Secretary of the Treasury under
section 3102 of title 31, United States Code, and shall accrue only
during the period in which the mortgagor is required to make repayment
under this section.
    (d) Lien To Secure Repayment of Assistance.--Repayment of amounts
owed to the Secretary from a mortgagor shall be secured by a mortgage
lien on the property and by such other obligation as the Secretary may
require. The lien or other security interest of the Secretary shall not
be deemed to take priority over any other secured lien or secured
interest in effect against the mortgagor's property on the date
assistance payments begin. The Secretary may allow subordination of the
mortgage assistance lien only if such subordination is necessary to
permit the mortgagor to obtain a home improvement loan for repairs
necessary to preserve the property.
    (e) Time for Repayment.--Payments under this section shall be made
by the mortgagor to the Secretary not later than 14 days after each
mortgage payment is due under the mortgage (or in the case of repayment
after the mortgage has been paid in full, not later than the date the
mortgage payments were due under the mortgage).

SEC. 7. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Approved counseling agency.--The term ``approved
        counseling agency'' means a nonprofit housing counseling agency
        approved by the Secretary pursuant to section 2(e).
            (2) Gross household income.--The term ``gross household
        income'' means the total income of a mortgagor, the mortgagor's
        spouse, children residing in the same residence as the
        mortgagor, and any other person living in such residence that
        is declared by the mortgagor as a dependent for Federal income
        tax purposes.
            (3) Household.--The term ``household'' means a mortgagor,
        the mortgagor's spouse, children residing in the same residence
        as the mortgagor, and any other person living in such residence
        that is declared by the mortgagor as a dependent for Federal
        income tax purposes.
            (4) Housing expense.--The term ``housing expense'' means
        the sum of the mortgagor's monthly maintenance, utility, and
        hazard insurance expense, taxes, and required mortgage
        payments, including escrows.
            (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and
        ``mortgagor'' have the meanings given such terms in section 201
        of the National Housing Act (12 U.S.C. 1707).
            (6) Net effective income.--The term ``net effective
        income'' means the gross household income of the mortgagor,
        less city, State, and Federal income and social security taxes.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each fiscal year such
sums as may be necessary to provide assistance under this Act and for
costs (as such term is defined in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a)) of such assistance.

Output:
Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for a mortgage for a one- to four-family residence whose mortgagor is temporarily unable to meet payment obligations due to financial hardship beyond the mortgagor's control.

Prohibits an mortgagee from accelerating the maturity of or commencing any legal action regarding a mortgage (including foreclosure) or taking possession of any mortgagor security: (1) unless the mortgagee meets certain notice and other specified conditions; or (2) if the mortgagor has applied for or is receiving assistance under this Act.

Requires mortgagor repayment of such assistance, plus interest.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Center for Social Work
Research Act''.

SEC. 2 ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.

    (a) In General.--Section 401(b)(2) of the Public Health Service Act
(42 U.S.C. 281(b)(2)) is amended by adding at the end the following:
            ``(F) The National Center for Social Work Research.''.
    (b) Establishment.--Part E of title IV of the Public Health Service
Act (42 U.S.C. 287 et seq.) is amended by adding at the end the
following:

         ``Subpart 5--National Center for Social Work Research

``SEC. 485G. PURPOSE OF CENTER.

    ``The general purpose of the National Center for Social Work
Research (referred to in this subpart as the `Center') is the conduct
and support of, and dissemination of information with respect to basic,
clinical, and services social work research, training, and other
programs in patient care, including child and family care.

``SEC. 485H. SPECIFIC AUTHORITIES.

    ``(a) In General.--To carry out the purpose described in section
485G, the Director of the Center may provide research training and
instruction and establish, in the Center and in other nonprofit
institutions, research traineeships and fellowships in the study and
investigation of the prevention of disease, health promotion, and the
social work care of persons with and families of individuals with acute
and chronic illnesses, including child abuse and neglect and child and
family care.
    ``(b) Stipends and Allowances.--The Director of the Center may
provide individuals receiving training and instruction or traineeships
or fellowships under subsection (a) with such stipends and allowances
(including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary.
    ``(c) Grants.--The Director of the Center may make grants to
nonprofit institutions to provide training and instruction and
traineeships and fellowships under subsection (a).

``SEC. 485I. ADVISORY COUNCIL.

    ``(a) Duties.--
            ``(1) In general.--The Secretary shall establish an
        advisory council for the Center that shall advise, assist,
        consult with, and make recommendations to the Secretary and the
        Director of the Center on matters related to the activities
        carried out by and through the Center and the policies with
        respect to such activities.
            ``(2) Gifts.--The advisory council for the Center may
        recommend to the Secretary the acceptance, in accordance with
        section 231, of conditional gifts for study, investigations,
        and research and for the acquisition of grounds or
        construction, equipment, or maintenance of facilities for the
        Center.
            ``(3) Other duties and functions.--The advisory council for
        the Center--
                    ``(A)(i) may make recommendations to the Director
                of the Center with respect to research to be conducted
                by the Center;
                    ``(ii) may review applications for grants and
                cooperative agreements for research or training and
                recommend for approval applications for projects that
                demonstrate the probability of making valuable
                contributions to human knowledge; and
                    ``(iii) may review any grant, contract, or
                cooperative agreement proposed to be made or entered
                into by the Center;
                    ``(B) may collect, by correspondence or by personal
                investigation, information relating to studies that are
                being carried out in the United States or any other
                country as to the diseases, disorders, or other aspects
                of human health with respect to which the Center is
                concerned and, with the approval of the Director of the
                Center, make such information available through
                appropriate publications for the benefit of public and
                private health entities and health professions
                personnel and scientists and for the information of the
                general public; and
                    ``(C) may appoint subcommittees and convene
                workshops and conferences.
    ``(b) Membership.--
            ``(1) In general.--The advisory council shall be composed
        of the ex officio members described in paragraph (2) and not
        more than 18 individuals to be appointed by the Secretary under
        paragraph (3).
            ``(2) Ex officio members.--The ex officio members of the
        advisory council shall include--
                    ``(A) the Secretary, the Director of NIH, the
                Director of the Center, the Chief Social Work Officer
                of the Veterans' Administration, the Assistant
                Secretary of Defense for Health Affairs, the Associate
                Director of Prevention Research at the National
                Institute of Mental Health, and the Director of the
                Division of Epidemiology and Services Research (or the
                designees of such officers); and
                    ``(B) such additional officers or employees of the
                United States as the Secretary determines necessary for
                the advisory council to effectively carry out its
                functions.
            ``(3) Appointed members.--The Secretary shall appoint not
        to exceed 18 individuals to the advisory council, of which--
                    ``(A) not more than two-thirds of such individual
                shall be appointed from among the leading
                representatives of the health and scientific
                disciplines (including public health and the behavioral
                or social sciences) relevant to the activities of the
                Center, and at least 7 such individuals shall be
                professional social workers who are recognized experts
                in the area of clinical practice, education, or
                research; and
                    ``(B) not more than one-third of such individuals
                shall be appointed from the general public and shall
                include leaders in fields of public policy, law, health
                policy, economics, and management.
        The Secretary shall make appointments to the advisory council
        in such a manner as to ensure that the terms of the members do
        not all expire in the same year.
            ``(4) Compensation.--Members of the advisory council who
        are officers or employees of the United States shall not
        receive any compensation for service on the advisory council.
        The remaining members shall receive, for each day (including
        travel time) they are engaged in the performance of the
        functions of the advisory council, compensation at rates not to
        exceed the daily equivalent of the annual rate in effect for an
        individual at grade GS-18 of the General Schedule.
    ``(c) Terms.--
            ``(1) In general.--The term of office of an individual
        appointed to the advisory council under subsection (b)(3) shall
        be 4 years, except that any individual appointed to fill a
        vacancy on the advisory council shall serve for the remainder
        of the unexpired term. A member may serve after the expiration
        of the member's term until a successor has been appointed.
            ``(2) Reappointments.--A member of the advisory council who
        has been appointed under subsection (b)(3) for a term of 4
        years may not be reappointed to the advisory council prior to
        the expiration of the 2-year period beginning on the date on
        which the prior term expired.
            ``(3) Vacancy.--If a vacancy occurs on the advisory council
        among the members under subsection (b)(3), the Secretary shall
        make an appointment to fill that vacancy not later than 90 days
        after the date on which the vacancy occurs.
    ``(d) Chairperson.--The chairperson of the advisory council shall
be selected by the Secretary from among the members appointed under
subsection (b)(3), except that the Secretary may select the Director of
the Center to be the chairperson of the advisory council. The term of
office of the chairperson shall be 2 years.
    ``(e) Meetings.--The advisory council shall meet at the call of the
chairperson or upon the request of the Director of the Center, but not
less than 3 times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the Director of
the Center.
    ``(f) Administrative Provisions.--The Director of the Center shall
designate a member of the staff of the Center to serve as the executive
secretary of the advisory council. The Director of the Center shall
make available to the advisory council such staff, information, and
other assistance as the council may require to carry out its functions.
The Director of the Center shall provide orientation and training for
new members of the advisory council to provide such members with such
information and training as may be appropriate for their effective
participation in the functions of the advisory council.
    ``(g) Comments and Recommendations.--The advisory council may
prepare, for inclusion in the biennial report under section 485J--
            ``(1) comments with respect to the activities of the
        advisory council in the fiscal years for which the report is
        prepared;
            ``(2) comments on the progress of the Center in meeting its
        objectives; and
            ``(3) recommendations with respect to the future direction
        and program and policy emphasis of the center.
The advisory council may prepare such additional reports as it may
determine appropriate.

``SEC. 485J. BIENNIAL REPORT.

    ``The Director of the Center, after consultation with the advisory
council for the Center, shall prepare for inclusion in the biennial
report under section 403, a biennial report that shall consist of a
description of the activities of the Center and program policies of the
Director of the Center in the fiscal years for which the report is
prepared. The Director of the Center may prepare such additional
reports as the Director determines appropriate. The Director of the
Center shall provide the advisory council of the Center an opportunity
for the submission of the written comments described in section
485I(g).''.

Output: National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Capital Area Physician
Emergency Assistance Act''.

SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING
              PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES.

    (a) Declaration by President.--If the President declares that a
public health emergency is in effect in the National Capital Area, then
during the period in which the emergency is in effect, any physician
who holds a valid medical license issued by an Area State government--
            (1) may provide, in any part of such Area, health services
        to victims of the emergency to the same extent as the physician
        is authorized to provide health services within the
        jurisdiction of the Area State government that issued the
        license, notwithstanding the law of the other Area State
        governments; and
            (2) is not liable for any harm caused by any act or
        omission of the physician in providing, in any part of such
        Area, health services to victims of the emergency,
        notwithstanding the law of any of the Area State governments,
        unless the harm is caused by willful or criminal misconduct,
        gross negligence, reckless misconduct, or a conscious, flagrant
        indifference to the rights or safety of others.
    (b) Declaration by Chief Executive Official of Area State
Government.--
            (1) Maryland.--For any period during which a public health
        emergency is in effect in an Area portion of the State of
        Maryland, pursuant to a qualifying declaration by the Governor
        of Maryland, subsection (a) applies to health services provided
        within such Area portion by a physician who holds a valid
        medical license issued by an Area State government to the same
        extent and in the same manner as such subsection would apply
        within the entire National Capital Area if the President were
        to declare a public health emergency for the National Capital
        Area under such subsection.
            (2) Virginia.--For any period during which a public health
        emergency is in effect in an Area portion of the State of
        Virginia, pursuant to a qualifying declaration by the Governor
        of Virginia, subsection (a) applies to health services provided
        within such Area portion by a physician who holds a valid
        medical license issued by an Area State government to the same
        extent and in the same manner as such subsection would apply
        within the entire National Capital Area if the President were
        to declare a public health emergency for the National Capital
        Area under such subsection.
            (3) District of columbia.--For any period during which a
        public health emergency is in effect in the District of
        Columbia, pursuant to a qualifying declaration by the Mayor of
        such District, subsection (a) applies to health services
        provided within the District by a physician who holds a valid
        medical license issued by an Area State government to the same
        extent and in the same manner as such subsection would apply
        within the entire National Capital Area if the President were
        to declare a public health emergency for the National Capital
        Area under such subsection.
            (4) Qualifying declaration.--
                    (A) In general.--A declaration by the Governor of
                Maryland, the Governor of Virginia, or the Mayor of the
                District of Columbia, as the case may be, that a public
                health emergency is in effect is, for purposes of this
                subsection, a qualifying declaration if--
                            (i) before officially declaring such
                        emergency, such chief executive official
                        notifies the Secretary of Health and
Human Services of the intent to officially declare the emergency; and
                            (ii) the Secretary does not, within 12
                        hours after such official provides the notice,
                        inform the official that the Secretary has
                        disapproved the declaration on the basis that
                        the Secretary has determined that the
                        declaration is not necessary to protect the
                        public health.
                    (B) Delegation of functions of secretary.--The
                Secretary of Health and Human Services may, temporarily
                or otherwise, delegate the functions of the Secretary
                under subparagraph (A) to the Assistant Secretary for
                Health or any of the heads of the agencies of the
                Public Health Service.
            (5) Relationship between declarations.--With respect to the
        public health emergency involved, a declaration by the
        President under subsection (a), including the period in which
        the emergency is declared to be in effect, supersedes any
        declaration under this subsection by the Governor of Maryland,
        the Governor of Virginia, or the Mayor of the District of
        Columbia.

SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF
              CREDENTIALS OF PHYSICIAN VOLUNTEERS.

    (a) In General.--The Secretary of Health and Human Services shall,
directly or through an award of a grant, contract, or cooperative
agreement, establish and maintain a system for verifying the
credentials, licenses, and hospital privileges of individuals who,
during a public health emergency in the National Capital Area or
portion thereof as declared under section 2, volunteer to serve in such
Area as physicians (referred to in this section as the ``verification
system''). In carrying out the preceding sentence, the Secretary shall
provide for an electronic database for the verification system.
    (b) Certain Criteria.--The Secretary shall establish criteria
regarding the verification system under subsection (a), including
provisions regarding the promptness and efficiency of the system in
collecting, storing, updating, and disseminating information on the
credentials, licenses, accreditations, and hospital privileges of
volunteers described in subsection (a).
    (c) Advance Registration of Volunteers.--In order to facilitate the
availability of physicians during a public health emergency in the
National Capital Area, the Secretary shall provide for the advance
registration with the system of physicians who are willing to serve as
volunteers described in subsection (a), and may carry out activities to
encourage physicians to register with the system.
    (d) Other Assistance.--The Secretary may make grants and provide
technical assistance to Area State governments and other public or
nonprofit private entities for activities relating to the verification
system developed under subsection (a).
    (e) Rule of Construction.--This section may not be construed as
authorizing the Secretary to issue requirements regarding the provision
by the Area State governments of credentials, licenses, accreditations,
or hospital privileges.
    (f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Area portion'' means the portion of the
        State of Maryland or the State of Virginia, as the case may be,
        that is within the National Capital Area.
            (2) The term ``Area State governments'' means the
        governments of the States of Maryland and Virginia and the
        government of the District of Columbia.
            (3) The term ``National Capital Area'' means--
                    (A) the District of Columbia;
                    (B) the counties of Montgomery and Prince George's
                in the State of Maryland;
                    (C) the cities of Alexandria, Fairfax, Falls
                Church, and Manassas in the State of Virginia, and the
                counties of Arlington, Fairfax, Loudon, and Prince
                William in such State; and
                    (D) such additional jurisdictions in the State of
                Maryland or Virginia as the President may designate in
                a declaration under subsection (a) that a public health
                emergency is in effect.
            (4) The term ``Secretary'' means the Secretary of Health
        and Human Services.

Output: National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area.Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service.Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judgment Evading Foreign States
Accountability Act of 2008''.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to protect the economic interests of the
United States and its citizens from the irresponsible conduct of
certain foreign states, and agencies and instrumentalities of such
states, that willfully refuse to satisfy United States court judgments.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Foreign states and instrumentalities that do business
        or raise capital in the United States, and then refuse to
        satisfy judgments of United States courts entered against them
        in connection with disputes resulting from these activities,
        inflict billions of dollars of damage on United States
        taxpayers, and undermine the credibility of the United States
        courts.
            (2) The Republic of Argentina is a recent and egregious
        example of such behavior. Argentina has borrowed tens of
        billions of dollars in the United States capital markets
        through the issuance of bonds, notes, and other securities
        pursuant to which it agreed to be subject to the jurisdiction
        of the United States courts in actions relating to those bonds
        notes and securities, and both waived and pledged not to assert
        immunity in such actions. Argentina defaulted on its debt to
        foreign creditors in 2001, and scores of judgments, totaling
        more than $2,000,000,000, have been entered against it by the
        United States courts based on its default. Rather than satisfy
        these obligations, Argentina has expressed its intention never
        to pay any of the resulting judgments.
            (3) Since its default in 2001, Argentina's economy has
        recovered dramatically. This recovery has enabled Argentina to
        accumulate foreign exchange reserves worth tens of billions of
        dollars, and to use those reserves to pay some creditors
        preferentially over United States citizens and holders of
        United States court judgments.
            (4) Other foreign states have expressed interest in
        following Argentina's lead. For example, the Republic of
        Ecuador has recently threatened to default on and repudiate
        part of its sovereign debt, citing Argentina's default
        approvingly as a precedent.
            (5) Foreign states that engage in such behavior can infect
        the management of businesses within their borders with their
        profligate and irresponsible habits. When the lax ethical
        standards that permit government officials to flout lawful
        judgments corrupt the corporate behavior as well, the injury to
        United States taxpayers is intensified.
            (6) United States taxpayers who are injured by such
        irresponsible conduct often have little or no recourse. The
        existing laws of the United States are highly protective of
        foreign states, and public and private corporations of judgment
        evading foreign states often enjoy a safe haven within their
        home country's borders from those who are injured by their
        behavior.
            (7) Action by the United States Government to combat this
        growing problem must include measures that both protect United
        States taxpayers against the irresponsible conduct of judgment
        evading foreign states and their domestic corporations, and
        motivate such states and corporations to raise their standards
        of behavior.
            (8) An effective means of achieving this important
        objective without impinging on the President's freedom to act
        in the foreign policy arena is to deprive judgment evading
        foreign states and their domestic corporations of the privilege
        of raising capital in the United States until those states
        demonstrate that such measures are no longer necessary by
        satisfying all outstanding judgments of the United States
        courts.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Judgment evading foreign state.--The term ``judgment
        evading foreign state'' means any foreign state that--
                    (A) has one or more judgments entered against the
                foreign state by any United States district court or
                the court of any State, the combined amount of which
                exceeds $1,000,000; and
                    (B) fails to satisfy in full any such judgment for
                a period of more than 6 months after the judgment
                becomes a final judgment.
            (2) Domestic corporation of a judgment evading foreign
        state.--The term ``domestic corporation of a judgment evading
        foreign state'' means any corporation or entity, other than a
        natural person--
                    (A) that is organized under the laws of a judgment
                evading foreign state; or
                    (B) a majority of the shares or other ownership
                interest of which is held, either directly or
                indirectly, by a judgment evading foreign state, or by
                one or more corporations or entities that is organized
                under the laws of a judgment evading foreign state.
            (3) Final judgment.--The term ``final judgment'' means any
        judgment of a United States district court or the court of any
        State, that is no longer eligible to be appealed to any court
        in the United States.
            (4) Foreign state.--The term ``foreign state'' has the
        meaning given that term in 1603(a) of title 28, United States
        Code.
            (5) International organization.--The term ``international
        organization'' means an entity designated by the President as
        being entitled to enjoy the privileges, exemptions, and
        immunities provided by the International Organizations
        Immunities Act (22 U.S.C. 288 et seq.).
            (6) State.--The term ``State'' means each of the several
        States, the District of Columbia, and any commonwealth,
        territory, or possession of the United States.

SEC. 5. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to advocate within the governing bodies of
        international organizations and in other foreign policy
        settings for the full compensation and fair treatment of United
        States citizens and other persons in whose favor judgments have
        been awarded by the United States courts;
            (2) to seek to protect the economic interests of United
        States taxpayers by restricting the access to the United States
        capital markets of judgment evading foreign states, and
        subjecting to Congressional scrutiny requests for aid made by
        judgment evading foreign states to the United States
        Government;
            (3) to seek to protect the authority of the United States
        courts by preventing judgment evading foreign states from
        willfully flouting the judgments of those courts; and
            (4) to enforce a series of mandatory penalties, increasing
        over time, to prevent judgment evading foreign states from
        engaging in such misconduct.

SEC. 6. BAR ON ACCESS TO UNITED STATES CAPITAL MARKETS.

    The Securities and Exchange Commission shall take all effective
measures to deny every judgment evading foreign state access to United
States capital markets, including the ability, directly or indirectly,
to borrow or sell securities in the United States unless the proceeds
of such borrowing or sale are to be used, in the first instance, to
satisfy in full all final judgments that form the basis for that
foreign state's designation as a judgment evading foreign state. If any
judgment evading foreign state remains in default on any such final
judgment for more than 2 years, the Securities and Exchange Commission
shall take all measures to deny any domestic corporation of a judgment
evading foreign state access to the United States capital markets.

SEC. 7. REQUESTS FOR AID OR ASSISTANCE FROM JUDGMENT EVADING FOREIGN
              STATES.

    (a) Bilateral Assistance.--Whenever any proposal is made to a
department, agency, or other instrumentality of the United States
Government to extend aid, a loan, or any other form of assistance to a
judgment evading foreign state, the head of the department, agency, or
other instrumentality may consider the proposal only if it bears
prominently the legend described in subsection (c).
    (b) Multilateral Assistance.--Whenever any proposal is made to an
international organization of which the United States is a member to
extend aid, a loan, or any other form of assistance to a judgment
evading foreign state, the Secretary of State shall provide notice of
such proposal to the Congress in a prompt manner. Such notice shall
bear prominently the legend described in subsection (c).
    (c) Legend Described.--The legend of a proposal referred to in
subsection (a) and the legend of a notice referred to in subsection (b)
is the following: ``REQUEST FOR GRANT-IN-AID OR LOAN BY A JUDGMENT
EVADING FOREIGN STATE''.

SEC. 8. REPORTS; RECOMMENDATIONS OF ADDITIONAL MEASURES.

    (a) Report.--Not later than January 31 of each year, the Secretary
of the Treasury shall provide a report, in writing, to the Congress
identifying each judgment evading foreign state, and, for each such
judgment evading foreign state--
            (1) setting forth the basis of the Secretary's
        determination that it meets the definition of judgment evading
        foreign state;
            (2) quantifying the impact on the United States economy,
        and the cost to United States taxpayers, of the unsatisfied
        final judgments that form the basis for the foreign state's
        designation as a judgment evading foreign state; and
            (3) describing all measures that the Department of the
        Treasury, the Department of Commerce, the Securities and
        Exchange Commission, the Commodity Futures Trading Commission,
        and representatives of the United States before international
        organizations have taken in the preceding year to carry out
        this Act.
    (b) Termination of Designation as Judgment Evading Foreign State.--
At such time as the Secretary of the Treasury determines that a foreign
state no longer qualifies as a judgment evading foreign state, the
Secretary shall so certify to the Congress no later than in the next
annual report to Congress under subsection (a), at which time the
requirements and prohibitions under this Act shall no longer apply to
such former judgment evading foreign state.
    (c) Responsibilities of Other Departments.--In every report
prepared by the Secretary of State, the Secretary of the Treasury, or
the Secretary of Commerce for the public relating to the economic risk
or investment climate of a judgment evading foreign state, such
Secretary shall reference the findings of the Secretary of the Treasury
from the Secretary of the Treasury's most recent annual report to
Congress under subsection (a) relating to the unsatisfied final
judgments outstanding against the judgment evading foreign state.
    (d) Recommendations to Congress.--The Secretary of the Treasury
shall provide to the Congress written recommendations on additional
measures to carry out the purposes of this Act.

Output:
Judgment Evading Foreign States Accountability Act of 2008 - Directs the Securities and Exchange Commission (SEC) to deny a judgment evading foreign state (as defined by this Act) access to U.S. capital markets unless the proceeds of such borrowing or sale are to be used to satisfy in full all final judgments that form the basis for such designation as a judgment evading foreign state.

Requires: (1) a proposal to extend bilateral or multilateral assistance to a judgment evading state to bear notice that such state is a judgment evading state; and (2) the Secretary of the Treasury to report annually to Congress identifying each such state.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Domestic Violence and
Stalking Victims Act''.

SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF
              DOMESTIC VIOLENCE'' EXPANDED.

    Section 921(a) of title 18, United States Code, is amended--
            (1) in paragraph (32)--
                    (A) by striking ``and an individual'' and inserting
                ``an individual''; and
                    (B) by inserting ``, or a dating partner (as
                defined in section 2266) or former dating partner''
                before the period at the end; and
            (2) in paragraph (33)(A)(ii)--
                    (A) by striking ``or by'' and inserting ``by''; and
                    (B) by inserting ``, or by a dating partner (as
                defined in section 2266) or former dating partner of
                the victim'' before the period at the end.

SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER.

    Section 922(d)(8) of title 18, United States Code, is amended to
read as follows:
            ``(8) is subject to a court order described in subsection
        (g)(8); or''.

SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER
              PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM
              EXPANDED.

    Section 922(g)(8) of title 18, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``that'';
            (2) by striking subparagraphs (A) and (B) and inserting the
        following:
                    ``(A)(i) that was issued after a hearing of which
                such person received actual notice, and at which such
                person had an opportunity to participate; or
                    ``(ii) in the case of an ex parte order, relating
                to which notice and opportunity to be heard are
                provided--
                            ``(I) within the time required by State,
                        tribal, or territorial law; and
                            ``(II) in any event within a reasonable
                        time after the order is issued, sufficient to
                        protect the person's right to due process;
                    ``(B) that restrains such person from--
                            ``(i) harassing, stalking, threatening, or
                        engaging in other conduct that would put an
                        individual in reasonable fear of bodily injury
                        to such individual, including an order that was
                        issued at the request of an employer on behalf
                        of its employee or at the request of an
                        institution of higher education on behalf of
                        its student; or
                            ``(ii) intimidating or dissuading a witness
                        from testifying in court; and''; and
            (3) in subparagraph (C)--
                    (A) by striking ``intimate partner or child'' each
                place it appears and inserting ``individual described
                in subparagraph (B)'';
                    (B) in clause (i), by inserting ``that'' before
                ``includes''; and
                    (C) in clause (ii), by inserting ``that'' before
                ``by its''.

SEC. 5. STALKING PROHIBITIONS.

    (a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, as amended by section 3 of this
Act, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of--
                    ``(A) a misdemeanor crime of stalking under
                Federal, State, territorial, or tribal law; or
                    ``(B) a crime that involves conduct which would be
                prohibited by section 2261A if committed within the
                special maritime and territorial jurisdiction of the
                United States.''.
    (b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of
such title, as amended by section 4 of this Act, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the comma at the end of paragraph (9) and
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of--
                    ``(A) a misdemeanor crime of stalking under
                Federal, State, territorial, or tribal law; or
                    ``(B) a crime that involves conduct which would be
                prohibited by section 2261A if committed within the
                special maritime and territorial jurisdiction of the
                United States,''.

Output: Protecting Domestic Violence and Stalking Victims Act  Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student, or from intimidating or dissuading a witness from testifying in court; or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gas Price Relief Act of 2005''.

SEC. 2. WINDFALL PROFITS TAX.

    (a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end the following new chapter:

              ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL

``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; base price; qualified
                            investment.
``Sec. 5898. Special rules and definitions.

``SEC. 5896. IMPOSITION OF TAX.

    ``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed on any integrated oil company (as
defined in section 291(b)(4)) an excise tax equal to the excess of--
            ``(1) the amount equal to 50 percent of the windfall profit
        from all barrels of taxable crude oil removed from the property
        during each taxable year, over
            ``(2) the amount of qualified investment by such company
        during such taxable year.
    ``(b) Fractional Part of Barrel.--In the case of a fraction of a
barrel, the tax imposed by subsection (a) shall be the same fraction of
the amount of such tax imposed on the whole barrel.
    ``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer of the taxable crude oil.

``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; BASE PRICE; QUALIFIED
              INVESTMENT.

    ``(a) General Rule.--For purposes of this chapter, the term
`windfall profit' means the excess of the removal price of the barrel
of taxable crude oil over the base price of such barrel.
    ``(b) Removal Price.--For purposes of this chapter--
            ``(1) In general.--Except as otherwise provided in this
        subsection, the term `removal price' means the amount for which
        the barrel of taxable crude oil is sold.
            ``(2) Sales between related persons.--In the case of a sale
        between related persons, the removal price shall not be less
        than the constructive sales price for purposes of determining
        gross income from the property under section 613.
            ``(3) Oil removed from property before sale.--If crude oil
        is removed from the property before it is sold, the removal
        price shall be the constructive sales price for purposes of
        determining gross income from the property under section 613.
            ``(4) Refining begun on property.--If the manufacture or
        conversion of crude oil into refined products begins before
        such oil is removed from the property--
                    ``(A) such oil shall be treated as removed on the
                day such manufacture or conversion begins, and
                    ``(B) the removal price shall be the constructive
                sales price for purposes of determining gross income
                from the property under section 613.
            ``(5) Property.--The term `property' has the meaning given
        such term by section 614.
    ``(c) Base Price Defined.--For purposes of this chapter, the term
`base price' means $40 for each barrel of taxable crude oil.
    ``(d) Qualified Investment.--For purposes of this chapter, the term
`qualified investment' means any amount paid or incurred with respect
to any qualified facility described in paragraph (1), (2), (3), or (4)
of section 45(d) (determined without regard to any placed in service
date).

``SEC. 5898. SPECIAL RULES AND DEFINITIONS .

    ``(a) Withholding and Deposit of Tax.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the tax
imposed under section 5896 on any taxable crude oil.
    ``(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information (to the Secretary and to other persons having an
interest in the taxable crude oil) with respect to such oil as the
Secretary may by regulations prescribe.
    ``(c) Return of Windfall Profit Tax.--The Secretary shall provide
for the filing and the time of such filing of the return of the tax
imposed under section 5896.
    ``(d) Definitions.--For purposes of this chapter--
            ``(1) Producer.--The term `producer' means the holder of
        the economic interest with respect to the crude oil.
            ``(2) Crude oil.--
                    ``(A) In general.--The term `crude oil' includes
                crude oil condensates and natural gasoline.
                    ``(B) Exclusion of newly discovered oil.--Such term
                shall not include any oil produced from a well drilled
                after the date of the enactment of the Gas Price Relief
                Act of 2005, except with respect to any oil produced
                from a well drilled after such date on any proven oil
                or gas property (within the meaning of section
                613A(c)(9)(A)).
            ``(3) Barrel.--The term `barrel' means 42 United States
        gallons.
    ``(e) Adjustment of Removal Price.--In determining the removal
price of oil from a property in the case of any transaction, the
Secretary may adjust the removal price to reflect clearly the fair
market value of oil removed.
    ``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.
    ``(g) Termination.--This chapter shall not apply to taxable crude
oil removed after the date which is 1 year after the date of the
enactment of this section.''.
    (b) Transfer of Windfall Profit Tax Receipts to Highway Trust
Fund.--Paragraph (1) of section 9503(b) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of subparagraph (D), by
striking the period at the end of subparagraph (E) and inserting ``,
and'', and by inserting after subparagraph (E) the following new
subparagraph:
                    ``(F) section 5896 (relating to windfall profits
                tax on crude oil).''.
    (c) Deductibility of Windfall Profit Tax.--The first sentence of
section 164(a) of the Internal Revenue Code of 1986 (relating to
deduction for taxes) is amended by inserting after paragraph (5) the
following new paragraph:
            ``(6) The windfall profit tax imposed by section 5896.''.
    (d) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:

             ``Chapter 56. Windfall profit on crude oil''.

    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to crude oil removed after the date of the enactment of
        this Act, in taxable years ending after such date.
            (2) Transitional rules.--For the period ending December 31,
        2005, the Secretary of the Treasury or the Secretary's delegate
        shall prescribe rules relating to the administration of chapter
        56 of the Internal Revenue Code of 1986. To the extent provided
        in such rules, such rules shall supplement or supplant for such
        period the administrative provisions contained in chapter 56 of
        such Code (or in so much of subtitle F of such Code as relates
        to such chapter 56).

SEC. 3. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS.

    (a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on motor and aviation fuels) is amended
by adding at the end the following new subsection:
    ``(f) Reduction of Highway Motor Fuel Taxes.--
            ``(1) In general.--During the reduction period, the rate of
        tax imposed by section 4041 (other than subsection (d) thereof)
        or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10
        cents per gallon.
            ``(2) Definitions and special rule.--For purposes of this
        subsection--
                    ``(A) Reduction period.--The term `reduction
                period' means the 1-year period beginning on the date
                of enactment of the Gas Price Relief Act of 2005.
                    ``(B) Highway motor fuel.--The term `highway motor
                fuel' means any fuel subject to tax under section 4041
                or 4081 other than aviation gasoline and aviation-grade
                kerosene.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.

SEC. 4. MAINTENANCE OF TRUST FUNDS DEPOSITS; AMOUNTS APPROPRIATED TO
              TRUST FUNDS TREATED AS TAXES.

    (a) In General.--There is hereby appropriated (out of any money in
the Treasury not otherwise appropriated) to the Highway Trust Fund an
amount equal to the excess (if any) of--
            (1) the amount (but for this subsection) of reduced
        revenues received in the Highway Trust Fund as a result of a
        reduction in a rate of tax by reason of section 4081(f)(1) of
        the Internal Revenue Code of 1986 (as added by section 3 of
        this Act), over
            (2) amounts appropriated to the Highway Trust Fund by
        section 9503(b)(1)(F) of the Internal Revenue Code of 1986
        (relating to windfall profits tax on crude oil).
    (b) Special Rules.--Amounts appropriated by subsection (a) to the
Highway Trust Fund--
            (1) shall be transferred from the general fund at such
        times and in such manner as to replicate to the extent possible
        the transfers which would have occurred had section 3 of this
        Act not been enacted, and
            (2) shall be treated for all purposes of Federal law as
        taxes received under the appropriate section referred to in
        such section 4081(f)(1).

SEC. 5. FLOOR STOCK REFUNDS.

    (a) In General.--If--
            (1) before the tax rate reduction date, tax has been
        imposed under section 4081 of the Internal Revenue Code of 1986
        on any highway motor fuel, and
            (2) on such date such fuel is held by a dealer and has not
        been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the tax which would be imposed on such fuel had the
taxable event occurred on such date.
    (b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
            (1) claim therefor is filed with the Secretary of the
        Treasury before the date which is 6 months after the tax rate
        reduction date based on a request submitted to the taxpayer
        before the date which is 3 months after the tax rate reduction
        date by the dealer who held the highway motor fuel on such
        date, and
            (2) the taxpayer has repaid or agreed to repay the amount
        so claimed to such dealer or has obtained the written consent
        of such dealer to the allowance of the credit or the making of
        the refund.
    (c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any highway motor
fuel in retail stocks held at the place where intended to be sold at
retail.
    (d) Definitions.--For purposes of this section--
            (1) Tax rate reduction date.--The term ``tax rate reduction
        date'' means the first day of the reduction period (as defined
        in section 4081(f) of the Internal Revenue Code of 1986 (as
        added by section 3 of this Act)).
            (2) Other terms.--The terms ``dealer'' and ``held by a
        dealer'' have the respective meanings given to such terms by
        section 6412 of such Code.
    (e) Certain Rules to Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.

SEC. 6. FLOOR STOCKS TAX.

    (a) Imposition of Tax.--In the case of any highway motor fuel which
is held on the tax restoration date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such fuel had the taxable event occurred on such date
over the tax (if any) previously paid (and not credited or refunded) on
such fuel.
    (b) Liability for Tax and Method of Payment.--
            (1) Liability for tax.--The person holding highway motor
        fuel on the tax restoration date to which the tax imposed by
        subsection (a) applies shall be liable for such tax.
            (2) Method of payment.--The tax imposed by subsection (a)
        shall be paid in such manner as the Secretary shall prescribe.
            (3) Time for payment.--The tax imposed by subsection (a)
        shall be paid on or before the 45th day after the tax
        restoration date.
    (c) Definitions.--For purposes of this section--
            (1) Tax restoration date.--The term ``tax restoration
        date'' means the first day after the reduction period (as
        defined in section 4081(f) of the Internal Revenue Code of
        1986).
            (2) Highway motor fuel.--The term ``highway motor fuel''
        has the meaning given to such term by section 4081(f) of such
        Code.
            (3) Held by a person.--A highway motor fuel shall be
        considered as held by a person if title thereto has passed to
        such person (whether or not delivery to the person has been
        made).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury or the Secretary's delegate.
    (d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to any highway motor fuel held by any person
exclusively for any use to the extent a credit or refund of the tax is
allowable for such use.
    (e) Exception for Certain Amounts of Fuel.--
            (1) In general.--No tax shall be imposed by subsection (a)
        on any highway motor fuel held on the tax restoration date by
        any person if the aggregate amount of such highway motor fuel
        held by such person on such date does not exceed 2,000 gallons.
        The preceding sentence shall apply only if such person submits
        to the Secretary (at the time and in the manner required by the
        Secretary) such information as the Secretary shall require for
        purposes of this paragraph.
            (2) Exempt fuel.--For purposes of paragraph (1), there
        shall not be taken into account any highway motor fuel held by
        any person which is exempt from the tax imposed by subsection
        (a) by reason of subsection (d).
            (3) Controlled groups.--For purposes of this section--
                    (A) Corporations.--
                            (i) In general.--All persons treated as a
                        controlled group shall be treated as 1 person.
                            (ii) Controlled group.--The term
                        ``controlled group'' has the meaning given to
                        such term by subsection (a) of section 1563 of
                        such Code; except that for such purposes the
                        phrase ``more than 50 percent'' shall be
                        substituted for the phrase ``at least 80
                        percent'' each place it appears in such
                        subsection.
                    (B) Nonincorporated persons under common control.--
                Under regulations prescribed by the Secretary,
                principles similar to the principles of subparagraph
                (A) shall apply to a group of persons under common
                control if 1 or more of such persons is not a
                corporation.
    (f) Other Laws Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this section, apply with respect to the floor stock taxes
imposed by subsection (a) to the same extent as if such taxes were
imposed by such sections.

Output: Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to impose an excise tax, for a one-year period, on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil; (2) allow a tax deduction for the payment of any windfall profit tax; (3) reduce by 10 percent the excise tax on highway motor fuels for a period of one year after the enactment of this Act; (4) provide for transfers of windfall profit tax receipts and amounts from the general fund to the Highway Trust Fund; and (5) make adjustments to highway motor fuel taxes for floor stocks of such fuels held by dealers prior to, or after, the effective date of reduction in such taxes under this Act. Defines "windfall profit" as the excess of the removal (sales) price of a barrel of taxable crude oil over the base price ($40 per barrel) of such barrel.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Data Broker Accountability and
Transparency Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Data broker.--The term ``data broker'' means a
        commercial entity that collects, assembles, or maintains
        personal information concerning an individual who is not a
        customer or an employee of that entity in order to sell the
        information or provide third party access to the information.
            (3) Non-public information.--The term ``non-public
        information'' means information about an individual that is of
        a private nature, not available to the general public, and not
        obtained from a public record.
            (4) Public record information.--The term ``public record
        information'' means information about an individual that has
        been obtained originally from records of a Federal, State, or
        local government entity that are available for public
        inspection.

SEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO OBTAIN PERSONAL
              INFORMATION BY FALSE PRETENSES.

    (a) In General.--It shall be unlawful for a data broker to obtain
or attempt to obtain, or cause to be disclosed or attempt to cause to
be disclosed to any person, personal information or any other
information relating to any person by making a false, fictitious, or
fraudulent statement or representation to any person, including by
providing any document to any person, that the data broker knows or
should know to be forged, counterfeit, lost, stolen, or fraudulently
obtained, or contains a false, fictitious, or fraudulent statement or
representation.
    (b) Solicitation.--It shall be unlawful for a data broker to
request a person to obtain personal information, or any other
information, relating to any other person if the data broker knows or
should know that the person to whom the request is made will obtain or
attempt to obtain that information in the manner described in
subsection (a).

SEC. 4. PERSONAL INFORMATION.

    (a) Accuracy.--A data broker shall establish reasonable procedures
to ensure the maximum possible accuracy of the personal information it
collects, assembles, or maintains, and any other information it
collects, assembles, or maintains that specifically identifies an
individual, unless the information only identifies an individual's name
or address.
    (b) Exception; Fraud Databases.--Notwithstanding subsection (a), a
data broker may collect or maintain information that may be inaccurate
with respect to a particular individual if that information is being
collected or maintained solely for the purpose of--
            (1) indicating whether there may be a discrepancy or
        irregularity in the personal information that is associated
        with an individual;
            (2) helping to identify, or to authenticate the identity
        of, an individual; or
            (3) helping to protect against or investigate fraud or
        other unlawful conduct.
    (c) Consumer Access.--A data broker shall provide an individual a
means to review any personal information or other information that
specifically identifies that individual, that the data broker collects,
assembles, or maintains on that individual, unless an exception applies
under section 5.
    (d) Review Requirements.--The means for review under subsection (c)
shall be provided--
            (1) at an individual's request;
            (2) after verifying the identity of the individual;
            (3) at least 1 time per year; and
            (4) at no cost to the individual.
    (e) Notice.--A data broker shall maintain an Internet Web site and
place a clear and conspicuous notice on that Internet Web site
instructing an individual--
            (1) how to review the information described under
        subsection (c); and
            (2) how to express a preference with respect to the use of
        personal information for marketing purposes under subsection
        (g).
    (f) Disputed Information.--An individual whose personal information
is maintained by a data broker may dispute the accuracy of any
information described under subsection (c) by requesting, in writing,
that the data broker correct the information. A data broker, after
verifying the identity of the individual making the request, and unless
there are reasonable grounds to believe the request is frivolous or
irrelevant, shall--
            (1) with regard to public record information--
                    (A) inform the individual of the source of the
                information and, if reasonably available, where to
                direct the individual's request for correction; or
                    (B) if the individual provides proof that the
                public record has been corrected or that the data
                broker was reporting the information incorrectly,
                correct the inaccuracy in the data broker's records;
                and
            (2) with regard to non-public information--
                    (A) note the information that is disputed,
                including the individual's written request;
                    (B) if the information can be independently
                verified, use the reasonable procedures established
                under subsection (a) to independently verify the
                information; and
                    (C) if the data broker was reporting the
                information incorrectly, correct the inaccuracy in the
                data broker's records.
    (g) Certain Marketing Information.--A data broker that maintains
any information described under subsection (a) and that uses, shares,
or sells that information for marketing purposes shall provide each
individual whose information it maintains with a reasonable means of
expressing a preference not to have that individual's information used
for those purposes. If an individual expresses such a preference, the
data broker may not use, share, or sell that individual's information
for marketing purposes.
    (h) Persons Regulated by the Fair Credit Reporting Act.--A data
broker shall be deemed in compliance with this section with respect to
information that is subject to the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) if the data broker is in compliance with sections 609,
610, and 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i).

SEC. 5. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the
Commission shall promulgate regulations under section 553 of title 5,
United States Code, to implement and enforce the requirements of this
Act, including--
            (1) a requirement that a data broker establish measures
        that facilitate the auditing or retracing of any internal or
        external access to, or transmission of, any data containing
        personal information collected, assembled, or maintained by the
        data broker;
            (2) the establishment of a centralized Internet Web site
        for the benefit of consumers that lists the data brokers
        subject to section 4 and provides additional information to
        consumers about their rights under this Act;
            (3) if the Commission considers a data broker outside the
        scope of the purposes of this Act, the exclusion of that data
        broker from the applicability of this Act, such as, if the
        Commission considers it appropriate for exclusion, a data
        broker who processes information collected by or on behalf of
        and received from or on behalf of a nonaffiliated third party
        concerning an individual who is a customer or an employee of
        that third party to enable that third party, directly or
        through parties acting on its behalf, to provide benefits for
        its employees or directly transact business with its customers;
            (4) any exceptions, that the Commission considers
        necessary, to the auditing and retracing requirements under
        paragraph (1) to further or protect law enforcement or national
        security activities; and
            (5) any exceptions, that the Commission considers
        necessary, to an individual's right to review the information
        described under section 4(c), such as for child protection, law
        enforcement, fraud prevention, or other legitimate government
        purposes.

SEC. 6. ENFORCEMENT.

    (a) In General.--A violation of a regulation prescribed under this
Act shall be treated as a violation of a rule defining an unfair or a
deceptive act or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Powers of Commission.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act. Any data broker who violates a
regulation prescribed under this Act shall be subject to the penalties
and entitled to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
    (c) Enforcement by State Attorneys General.--
            (1) Civil action.--Except as provided under paragraph
        (3)(B), in any case in which the attorney general of a State,
        or an official or agency of a State, has reason to believe that
        an interest of the residents of that State has been or is
        threatened or adversely affected by a data broker who violates
        a regulation prescribed under this Act, the attorney general,
        official, or agency of the State, as parens patriae, may bring
        a civil action on behalf of the residents of the State in a
        district court of the United States of appropriate
        jurisdiction--
                    (A) to enjoin further violation of this Act by the
                defendant;
                    (B) to compel compliance with this Act;
                    (C) to obtain damages, restitution, or other
                compensation on behalf of such residents, or to obtain
                such further and other relief as the court may deem
                appropriate; or
                    (D) to obtain civil penalties in the amount
                determined under paragraph (2).
            (2) Civil penalties.--
                    (A) Calculation.--For purposes of imposing a civil
                penalty under paragraph (1)(D), the amount determined
                under this paragraph is the amount calculated by
                multiplying the number of separate violations of a rule
                by an amount not greater than $16,000.
                    (B) Adjustment for inflation.--Beginning on the
                date that the Consumer Price Index is first published
                by the Bureau of Labor Statistics that is after 1 year
                after the date of enactment of this Act, and each year
                thereafter, the amount specified in subparagraph (A)
                shall be increased by the percentage increase in the
                Consumer Price Index published on that date from the
                Consumer Price Index published the previous year.
            (3) Intervention by the commission.--
                    (A) Notice.--A State shall provide prior written
                notice of any civil action under paragraph (1) to the
                Commission and provide the Commission with a copy of
                its complaint, except in any case in which such prior
                notice is not feasible, in which case the State shall
                serve such notice immediately upon instituting such
                action.
                    (B) Intervention by the commission.--The Commission
                shall have the right--
                            (i) to intervene in the civil action under
                        paragraph (1);
                            (ii) upon so intervening, to be heard on
                        all matters arising in that civil action; and
                            (iii) to file petitions for appeal of a
                        decision in that civil action.
                    (C) Limitation on state action while federal action
                is pending.--If the Commission has instituted a civil
                action for violation of this Act, no State attorney
                general, or official or agency of a State, may bring an
                action under this subsection during the pendency of
                that action against any defendant named in the
                complaint of the Commission for any violation of this
                Act alleged in the complaint.
            (4) Construction.--For purposes of bringing any civil
        action under paragraph (1), nothing in this Act shall be
        construed to prevent an attorney general of a State from
        exercising the powers conferred on the attorney general by the
        laws of that State--
                    (A) to conduct investigations;
                    (B) to administer oaths or affirmations; or
                    (C) to compel the attendance of witnesses or the
                production of documentary and other evidence.

SEC. 7. EFFECT ON OTHER LAWS.

    (a) Preservation of Commission Authority.--Nothing in this Act may
be construed in any way to limit or affect the Commission's authority
under any other provision of law.
    (b) Preservation of Other Federal Law.--Nothing in this Act may be
construed in any way to supersede, restrict, or limit the application
of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other
Federal law.

Output: Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual; (2) identify or authenticate the identity of an individual; or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction.  Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines "public record information" as information obtained originally from records of a federal, state, or local government entity that are available for public inspection.  Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act.