SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Safety Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The problem of family violence does not necessarily
        cease when the victimized family is legally separated,
        divorced, or otherwise not sharing a household. During
        separation and divorce, family violence often escalates, and
        child custody and visitation become the new forum for the
        continuation of abuse.
            (2) Current child custody and visitation laws are based on
        incorrect assumptions that divorcing parents are in relatively
        equal positions of power and that such parents always act in
        the children's best interest. These laws often work against the
        protection of the children and the abused spouse or intimate
        partner in families with a history of family violence.
            (3) Some perpetrators use the children as pawns to control
        the abused party after the couple is separated.
            (4) Every year an estimated 1,000 to 5,000 children are
        killed by their parents in the United States.
            (5) In 1988, the Department of Justice reported that
        354,100 children were abducted by family members who violated
        custody agreements or decrees. Most victims were children from
        ages 2 to 11 years.
            (6) Approximately 160,000 children are seriously injured or
        impaired by abuse or neglect each year.
            (7) Studies by the American Humane Association indicate
        that reports of child abuse and neglect have increased by over
        200 percent from 1976 to 1986.
            (8) Approximately 90 percent of children in homes in which
        their mothers are abused witness the abuse.
            (9) Data indicates that women and children are at elevated
        risk for violence during the process of and after separation.
            (10) Fifty to 70 percent of men who abuse their spouses or
        partners also abuse their children.
            (11) Up to 75 percent of all domestic assaults reported to
        law enforcement agencies were inflicted after the separation of
        the couples.
            (12) In one study of spousal homicide, over half of the
        male defendants were separated from their victims.
            (13) Seventy-three percent of battered women seeking
        emergency medical services do so after separation.

SEC. 3. PURPOSE.

    The purpose of this Act is to authorize funding to enable
supervised visitation centers to provide the following:
            (1) Supervised visitation in cases where there is
        documented sexual, physical or emotional abuse as determined by
        the appropriate court.
            (2) Supervised visitation in cases where there is suspected
        or elevated risk of sexual, physical or emotional abuse, or
        where there have been threats of parental abduction of the
        child.
            (3) Supervised visitation for children who have been placed
        in foster homes as a result of abuse.
            (4) An evaluation of visitation between parents and
        children for child protection social services to assist such
        service providers in making determinations of whether the
        children should be returned to a previously abusive home.
            (5) A safe location for custodial parents to temporarily
        transfer custody of their children with non-custodial parents,
        or to provide a protected visitation environment, where there
        has been a history of domestic violence or an order for
        protection is involved.
            (6) An additional safeguard against the child witnessing
        abuse or a safeguard against the injury or death of a child or
        parent.
            (7) An environment for families to have healthy interaction
        activities, quality time, non-violent memory building
        experiences during visitation to help build the parent/child
        relationship.
            (8) Parent and child education and support groups to help
        parents heal and learn new skills, and to help children heal
        from past abuse.

SEC. 4. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.

    (a) In General.--The Secretary of Health and Human Services
(hereafter referred to in this Act as the ``Secretary'') is authorized
to award grants to and enter into contracts and cooperative agreements
with public or nonprofit private entities to assist such entities in
the establishment and operation of supervised visitation centers.
    (b) Considerations.--In awarding grants, contracts and agreements
under subsection (a), the Secretary shall take into account--
            (1) the number of families to be served by the proposed
        visitation center to be established under the grant, contract
        or agreement;
            (2) the extent to which supervised visitation centers are
        needed locally;
            (3) the relative need of the applicant; and
            (4) the capacity of the applicant to make rapid and
        effective use of assistance provided under the grant, contract
        or agreement.
    (c) Use of Funds.--
            (1) In general.--Amounts provided under a grant, contract
        or cooperative agreement awarded under this section shall be
        used to establish supervised visitation centers and for the
        purposes described in section 3. In using such amounts,
        grantees shall target the economically disadvantaged and those
        individuals who could not otherwise afford such visitation
        services. Other individuals may be permitted to utilize the
        services provided by the center on a fee basis.
            (2) Costs.--To the extent practicable, the Secretary shall
        ensure that, with respect to recipients of grants, contracts or
        agreements under this section, the perpetrators of the family
        violence, abuse or neglect will be responsible for any and all
        costs associated with the supervised visitation undertaken at
        the center.

SEC. 5. DEMONSTRATION GRANT APPLICATION.

    (a) In General.--A grant, contract or cooperative agreement may not
be made or entered into under this Act unless an application for such
grant, contract or cooperative agreement has been submitted to and
approved by the Secretary.
    (b) Approval.--Grants, contracts and cooperative agreements under
this Act shall be awarded in accordance with such regulations as the
Secretary may promulgate. At a minimum, to be approved by the Secretary
under this section an application shall--
            (1) demonstrate that the applicant has recognized expertise
        in the area of family violence and a record of high quality
        service to victims of family violence; and
            (2) be submitted from an entity located in a State where
        State law requires the courts to consider evidence of violence
        in custody decisions.

SEC. 6. EVALUATION OF DEMONSTRATION PROJECTS.

    (a) In General.--Not later than 30 days after the end of each
fiscal year, a recipient of a grant, contract or cooperative agreement
under this Act shall prepare and submit to the Secretary a report that
contains information concerning--
            (1) the number of families served per year;
            (2) the number of families served per year categorized by--
                    (A) families who require that supervised visitation
                because of child abuse only;
                    (B) families who require supervised visitation
                because of a combination of child abuse and domestic
                violence; and
                    (C) families who require supervised visitation
                because of domestic violence only;
            (3) the number of visits per family in the report year
        categorized by--
                    (A) supervised visitation required by the courts;
                    (B) supervised visitation based on suspected or
                elevated risk of sexual, physical, or emotional abuse,
                or threats of parental abduction of the child that is
                not court mandated;
                    (C) supervised visitation that is part of a foster
                care arrangement; and
                    (D) supervised visitation because of an order of
                protection;
            (4) the number of supervised visitation arrangements
        terminated because of violations of visitation terms, including
        violence;
            (5) the number of protective temporary transfers of custody
        during the report year;
            (6) the number of parental abduction cases in a judicial
        district using supervised visitation services, both as
        identified in criminal prosecution and custody violations;
            (7) the number of safety and security problems that occur
        during the report year;
            (8) the number of families who are turned away because the
        center cannot accommodate the demand for services;
            (9) the process by which children or abused partners will
        be protected during visitations, temporary custody transfers
        and other activities for which the supervised visitation
        centers are created; and
            (10) any other information determined appropriate in
        regulations promulgated by the Secretary.
    (b) Evaluation.--In addition to submitting the reports required
under subsection (a), an entity receiving a grant, contract or
cooperative agreement under this Act shall have a collateral agreement
with the court, the child protection social services division of the
State, and local domestic violence agencies or State and local domestic
violence coalitions to evaluate the supervised visitation center
operated under the grant, contract or agreement. The entities
conducting such evaluations shall submit a narrative evaluation of the
center to both the center and the grantee.
    (c) Demonstration of Need.--The recipient of a grant, contract or
cooperative agreement under this Act shall demonstrate, during the
first 3 years of the project operated under the grant, contract or
agreement, the need for continued funding.

SEC. 7. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON
              SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.

    (a) Authorization.--The Secretary is authorized to award special
grants to public or nonprofit private entities to assist such entities
in collecting clinical data for supervised visitation centers
established under this Act to determine--
            (1) the extent to which supervised visitation should be
        allowed between children who are sexually abused or severely
        physically abused by a parent, where the visitation is not
        predicated on the abusive parent having successively completed
        a specialized course of therapy for such abusers;
            (2) the effect of supervised visitation on child victims of
        sexual abuse or severe physical abuse when the abusive parent
        exercising visitation has not completed specialized therapy and
        does not use the visitation to alleviate the child victim's
        guilt, fear, or confusion;
            (3) the relationship between the type of abuse or neglect
        experienced by the child and the use of supervised visitation
        centers by the maltreating parent; and
            (4) in cases of spouse or partner abuse only, the extent to
        which supervised visitation should be predicated on
        participation by the abusive spouse in a specialized treatment
        program.
    (b) Application.--To be eligible to receive a grant under this
section an entity shall prepare and submit to the Secretary an
application at such time, in such manner and containing such
information as the Secretary may require, including documentary
evidence to demonstrate that the entity possesses a high level of
clinical expertise and experience in child abuse treatment and
prevention as they relate to visitation. The level of clinical
expertise and experience required will be determined by the Secretary.
    (c) Report.--Not later than 1 year after the date on which a grant
is received under this section, and each year thereafter for the
duration of the grant, the grantee shall prepare and submit to the
Secretary a report containing the clinical data collected under such
grant.

SEC. 8. REPORTING.

    Not later than 18 months after the date of enactment of this Act,
and annually thereafter, the Secretary shall prepare and submit to the
appropriate committees of Congress a report containing the information
collected under the reports received under sections 6 and 7, including
recommendations made by the Secretary concerning whether or not the
supervised visitation center demonstration and clinical data programs
should be reauthorized.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--For the purpose of awarding grants, contracts and
cooperative agreements under this Act, there are authorized to be
appropriated $30,000,000 for fiscal year 1994, $40,000,000 for fiscal
year 1995, and $50,000,000 for fiscal year 1996.
    (b) Distribution.--Of the amounts appropriated under subsection (a)
for each fiscal year--
            (1) not less than 80 percent shall be used to award grants,
        contracts, or cooperative agreements under section 5; and
            (2) not more than 20 percent shall be used to award grants
        under section 7.
    (c) Disbursement.--Amounts appropriated under this section shall be
disbursed as categorical grants through the 10 regional offices of the
Department of Health and Human Services.

Summary: Child Safety Act - Authorizes the Secretary of Health and Human Services to award grants and enter into contracts and cooperative agreements with public or nonprofit private entities to: (1) establish and operate supervised visitation centers for child abuse victims. And (2) assist such organizations in collecting data on the effect of supervised visitation on sexually abused or severely physically abused children. Authorizes appropriations.

Child Safety Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Community Renewal Act of
2002''.

SEC. 2. ADDITIONAL DESIGNATIONS OF RENEWAL COMMUNITIES.

    (a) In General.--Section 1400E of the Internal Revenue Code of 1986
(relating to designation of renewal communities) is amended by
redesignating subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
    ``(f) Additional Designations Permitted.--
            ``(1) In general.--In addition to the areas designated
        under subsection (a), the Secretary of Housing and Urban
        Development may designate in the aggregate an additional 20
        nominated areas as renewal communities under this section,
        subject to the availability of eligible nominated areas. Of
        that number, not less than 5 shall be designated in areas
        described in subsection (a)(2)(B).
            ``(2) Period designations may be made and take effect.--A
        designation may be made under this subsection after the date of
        the enactment of this subsection and before January 1, 2004.
        Subject to subparagraphs (B) and (C) of subsection (b)(1), such
        designations shall remain in effect during the period beginning
        on January 1, 2004, and ending on December 31, 2011.
            ``(3) Modifications to eligibility determinations.--The
        rules of this section shall apply to designations under this
        subsection, except that population and poverty rate shall be
        determined by using the 2000 census.''.
    (b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 3. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY
              WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES.

    (a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:

``SEC. 1046. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL
              PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC.
              BUSINESSES.

    ``(a) Nonrecognition of Gain.--In the case of a sale of real
property held by the taxpayer for more than 1 year and with respect to
which the taxpayer elects the application of this section, gain from
such sale shall be recognized only to the extent that the amount
realized on such sale exceeds--
            ``(1) the cost of any qualified asset purchased by the
        taxpayer during the 60-day period beginning on the date of such
        sale, reduced by
            ``(2) any portion of such cost previously taken into
        account under this section.
    ``(b) Qualified Asset.--For purposes of this section, the term
`qualified asset' means--
            ``(1) any qualified empowerment zone asset (as defined in
        section 1397B),
            ``(2) any qualified community asset (as defined in section
        1400F(b)), and
            ``(3) any property which would be a qualified empowerment
        zone asset (as so defined) if enterprise communities and HUB
        zones were treated as empowerment zones.
    ``(c) Special Rules.--
            ``(1) Ordinary income not eligible for rollover.--This
        section shall not apply to any gain which is treated as
        ordinary income for purposes of this subtitle.
            ``(2) Purchase.--A taxpayer shall be treated as having
        purchased any property if, but for paragraph (4), the
        unadjusted basis of such property in the hands of the taxpayer
        would be its cost (within the meaning of section 1012).
            ``(3) Basis adjustments.--If gain from any sale is not
        recognized by reason of subsection (a), such gain shall be
        applied to reduce (in the order acquired) the basis for
        determining gain or loss of any qualified asset which is
        purchased by the taxpayer during the 60-day period described in
        subsection (a). This paragraph shall not apply for purposes of
        section 1202.
            ``(4) Holding period.--For purposes of determining whether
        the nonrecognition of gain under subsection (a) applies to any
        qualified asset which is sold--
                    ``(A) the taxpayer's holding period for such asset
                and the asset referred to in subsection (a)(1) shall be
                determined without regard to section 1223, and
                    ``(B) only the first year of the taxpayer's holding
                period for the asset referred to in subsection (a)(1)
                shall be taken into account for purposes of paragraphs
                (2)(A)(iii), (3)(C), and (4)(A)(iii) of section
                1400F(b) or comparable rules under section 1397B.''.
    (b) Technical Amendments.--
            (1) Paragraph (23) of section 1016(a) of such Code is
        amended is amended--
                    (A) by striking ``or 1397B'' and inserting ``1397B,
                or 1046'', and
                    (B) by striking ``or 1397B(b)(4)'' and inserting
                ``1397B(b)(4), or 1046(c)(4)''.
            (2) Paragraph (15) of section 1223 is amended by striking
        ``or 1397B'' and inserting ``, 1397B, or 1046''.
            (3) The table of sections for part III of subchapter O of
        chapter 1 of such Code is amended by adding at the end the
        following new item:

``Sec. 1046. Nonrecognition of gain on proceeds of sale of real
                            property which are invested in renewal
                            community, etc. businesses.''
    (c) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act.

SEC. 4. LOCAL ALLOCATION OF COMMERCIAL REVITALIZATION DEDUCTION AMOUNTS
              WHERE STATE FAILS TO ADOPT ALLOCATION PLAN.

    (a) In General.--Subsection (e) of section 1400I of the Internal
Revenue Code of 1986 (relating to commercial revitalization deduction)
is amended by adding at the end the following new paragraph:
            ``(3) Local allocation of revitalization amount where state
        fails to adopt allocation plan.--If a qualified allocation plan
        with respect to any State is not approved as provided in
        paragraph (1) before the 120th day after the date of the
        enactment of this paragraph, then, beginning on such 120th
        day--
                    ``(A) subsection (d)(3) shall cease to apply, and
                    ``(B) the term `commercial revitalization agency'
                means, with respect to any renewal community, any
                agency authorized to carry out this section by the
                local governmental unit having within its jurisdiction
                the largest portion of such community.''.
    (b) Effective Date.--The amendment made by this section shall take
effect the date of the enactment of this Act.

Summary: American Community Renewal Act of 2002 - Amends the Internal Revenue Code to: (1) provide for the designation of 20 additional renewal communities. (2) permit the nonrecognition of gain on proceeds of sales of real property which are invested in qualified renewal community zone assets. And (3) provide for the local allocation of commercial revitalization expenditure amounts if a State fails to adopt a qualified allocation plan.

To amend the Internal Revenue Code of 1986 to provide for additional designations of renewal communities and to allow nonrecognition of gain on sales of real property if the proceeds are invested in renewal and similar community businesses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Colombian Temporary Protected Status
Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Colombia has been embroiled in a 38-year civil war,
        resulting in the death of tens of thousands of civilians and
        combatants;
            (2) the two main armed anti-government rebel groups, the
        Revolutionary Armed Forces of Colombia (Fuerzas Armadas
        Revolucionarias de Colombia, or FARC) and the National
        Liberation Army (Ejercito de Liberacion Nacional, or ELN), have
        engaged in military activities in 700 of 1,098 municipalities
        in Colombia, and in recent years have controlled or influenced
        local governments in as much as 40 percent to 50 percent of
        Colombian territory;
            (3) the FARC and ELN not only attack police and military
        forces but also regularly attack civilian populations, commit
        massacres and extrajudicial killings, collect war taxes, compel
        citizens into their ranks, force farmers to grow illicit crops,
        and regulate travel, commerce, and other activities;
            (4) paramilitary groups such as the United Self-Defense
        Groups of Colombia (Autodefensas Unidas de Colombia or AUC),
        originally established to protect rural landowners, have grown
        dramatically in recent years to become a major national
        military force in Colombia;
            (5) paramilitary groups are responsible, according to human
        rights groups, for the greatest number of extrajudicial
        killings and forced disappearances in Colombia since 1995;
            (6) the FARC, ELN, and AUC, all designated by the State
        Department as foreign terrorist organizations, have a combined
        force of 25,000 combatants;
            (7) the Government of Colombia, particularly during the
        administration of President Andres Pastrana, has afforded armed
        rebel groups numerous opportunities to negotiate a peace
        agreement, including the extraordinary step in November 1998 of
        creating a safe haven for the FARC by withdrawing its security
        forces from 5 municipalities covering some 16,000-17,000 square
        miles;
            (8) despite having been given the opportunity to seek
        peace, the FARC instead used the safe haven to enhance its
        military capability to further its violent campaign against the
        government and people of Colombia;
            (9) while President Pastrana and the Colombian government
        negotiated in good faith, the FARC proceeded to kidnap
        political officials, including presidential candidate former
        Senator Ingrid Betancourt, as well as execute Members of
        Congress who were engaged in negotiations with the FARC, such
        as Senator Martha Catalina Daniels;
            (10) in February of this year, the FARC's actions forced
        President Pastrana to withdraw from the peace process and begin
        the process of retaking the safe zone he had previously ceded
        to the FARC and other rebel groups;
            (11) after the election of Alvaro Uribe as Colombia's
        President, the FARC began targeting mayors with letters
        declaring that they had 24 hours to leave or would be
        considered ``military targets'';
            (12) although before the recent Presidential election the
        violence had been mostly contained in rural areas, it has now
        spread to the urban areas, with cities such as Medellin
        experiencing an average of 13 killings a day;
            (13) an average of 2.8 rebel bombs go off every day in
        Colombia while bomb squads disarm another five;
            (14) the middle and upper classes have been targeted for
        kidnaping, with an average of 3,250 Colombians being kidnaped
        each year since 1998;
            (15) between 1,500,000 and 2,000,000 people have been
        forced to leave their homes, representing the third largest
        internal refugee crisis in the world; and
            (16) between 1,500 and 2,500 Colombians were massacred in
        contested rural areas in 2001.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that, in view of the recent escalation
of the current civil war in Colombia, Colombia qualifies for
designation under section 244(b)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)(1)(A)), pursuant to which Colombian
nationals would be eligible for temporary protected status in the
United States.

SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
              TO COLOMBIANS.

    (a) Designation.--
            (1) In general.--For purposes of section 244 of the
        Immigration and Nationality Act (8 U.S.C. 1254a), Colombia
        shall be treated as if it had been designated under subsection
        (b) of such section, subject to the provisions of this section.
            (2) Period of designation.--The initial period of such
        designation shall begin on the date of the enactment of this
        Act and shall remain in effect for 1 year.
    (b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act pursuant to the designation under this Act, subject
to section 244(c)(3) of such Act, an alien who is a national of
Colombia meets the requirements of section 244(c)(1) of such Act only
if--
            (1) the alien has been continuously physically present in
        the United States since the date of enactment of this Act;
            (2) the alien is admissible as an immigrant, except as
        otherwise provided under section 244(c)(2)(A) of such Act, and
        is not ineligible for temporary protected status under section
        244(c)(2)(B) of such Act; and
            (3) the alien registers for temporary protected status in a
        manner that the Attorney General shall establish.
    (c) Consent to Travel Abroad.--The Attorney General shall give the
prior consent to travel abroad described in section 244(f)(3) of the
Immigration and Nationality Act to an alien who is granted temporary
protected status pursuant to the designation under this Act, if the
alien establishes to the satisfaction of the Attorney General that
emergency and extenuating circumstances beyond the control of the alien
require the alien to depart for a brief, temporary trip abroad. An
alien returning to the United States in accordance with such an
authorization shall be treated the same as any other returning alien
provided temporary protected status under section 244 of such Act.

Summary: Columbian Temporary Protected Status Act of 2002 - Expresses the sense of Congress in favor of extending temporary protected status to Columbian nationals in the United States. Designates Columbia under the Immigration and Nationality Act as a country undergoing an ongoing armed conflict in order to make qualifying Columbians living in the United States eligible aliens for temporary protected status.

A bill to designate Colombia under section 244 of the Immigration and Nationality Act in order to make nationals of Colombia eligible for temporary protected status under such section.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Citizens Against Marketing
Scams Act of 1993''.

SEC. 2. FINDINGS AND DECLARATION.

    The Congress makes the following findings and declaration:
            (1) Unprecedented Federal law enforcement investigations
        have uncovered a national network of illicit telemarketing
        operations.
            (2) Most of the telemarketing industry is legitimate,
        employing over 3,000,000 people through direct and indirect
        means.
            (3) Illicit telemarketers, however, are an increasing
        problem which victimizes our Nation's senior citizens in
        disproportionate numbers.
            (4) Interstate telemarketing fraud has become a problem of
        such magnitude that the resources of the Department of Justice
        are not sufficient to ensure that there is adequate
        investigation of, and protection from, such fraud.
            (5) Telemarketing differs from other sales activities in
        that it can be carried out by sellers across State lines
        without direct contact. Telemarketers can also be very mobile,
        easily moving from State to State.
            (6) It is estimated that victims lose billions of dollars a
        year as a result of telemarketing fraud.
            (7) Consequently, Congress should enact legislation that
        will--
                    (A) enhance Federal law enforcement resources;
                    (B) ensure adequate punishment for telemarketing
                fraud; and
                    (C) educate the public.

SEC. 3. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.

    (a) Offense.--Part I of title 18, United States Code, is amended--
            (1) by redesignating chapter 113A as chapter 113B; and
            (2) by inserting after chapter 113 the following new
        chapter:

                  ``CHAPTER 113A--TELEMARKETING FRAUD

``Sec.
``2325. Definition.
``2326. Enhanced penalties.
``2327. Restitution.
``Sec. 2325. Definition
    ``In this chapter, `telemarketing'--
            ``(1) means a plan, program, promotion, or campaign that is
        conducted to induce--
                    ``(A) purchases of goods or services; or
                    ``(B) participation in a contest or sweepstakes,
        by use of 1 or more interstate telephone calls initiated either
        by a person who is conducting the plan, program, promotion, or
        campaign or by a prospective purchaser or contest or
        sweepstakes participant; but
            ``(2) does not include the solicitation of sales through
        the mailing of a catalog that--
                    ``(A) contains a written description or
                illustration of the goods or services offered for sale;
                    ``(B) includes the business address of the seller;
                    ``(C) includes multiple pages of written material
                or illustration; and
                    ``(D) has been issued not less frequently than once
                a year,
        if the person making the solicitation does not solicit
        customers by telephone but only receives calls initiated by
        customers in response to the catalog and during those calls
        take orders without further solicitation.
``Sec. 2326. Enhanced penalties
    ``An offender that is convicted of an offense under 1028, 1029,
1341, 1342, 1343, or 1344 in connection with the conduct of
telemarketing--
            ``(1) may be imprisoned for a term of 5 years in addition
        to any term of imprisonment imposed under any of those
        sections, respectively; and
            ``(2) in the case of an offense under any of those sections
        that--
                    ``(A) victimized 20 or more persons over the age of
                55; or
                    ``(B) targeted persons over the age of 55,
        may be imprisoned for a term of 10 years in addition to any
        term of imprisonment imposed under any of those sections,
        respectively.
``Sec. 2327. Restitution
    ``In sentencing an offender under section 2326, the court shall
order the offender to pay restitution to any victims and may order the
offender to pay restitution to others who sustained losses as a result
of the offender's fraudulent activity.''.
    (b) Technical Amendments.--
            (1) Part analysis.--The part analysis for part I of title
        18, United States Code, is amended by striking the item
        relating to chapter 113A and inserting the following:

``113A. Telemarketing fraud.................................       2325
``113B. Terrorism...........................................    2331''.
            (2) Chapter 113b.--The chapter heading for chapter 113B of
        title 18, United States Code, as redesignated by subsection
        (a)(1), is amended to read as follows:

                      ``CHAPTER 113B--TERRORISM''.

SEC. 4. FORFEITURE OF FRAUD PROCEEDS.

    Section 982(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
            ``(6) The Court, in sentencing an offender under section
        2326, shall order that the offender forfeit to the United
        States any real or personal property constituting or derived
        from proceeds that the offender obtained directly or indirectly
        as a result of the offense.''.

SEC. 5. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.

    (a) Review.--The United States Sentencing Commission shall review
and, if necessary, amend the sentencing guidelines to ensure that
victim related adjustments for fraud offenses against older victims
over the age of 55 are adequate.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Sentencing Commission shall report to Congress the result
of its review under subsection (a).

SEC. 6. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.

    Section 3059 of title 18, United States Code, is amended by adding
at the end the following new subsection:
    ``(c)(1) In special circumstances and in the Attorney General's
sole discretion, the Attorney General may make a payment of up to
$10,000 to a person who furnishes information unknown to the Government
relating to a possible prosecution under section 2325 which results in
a conviction.
    ``(2) A person is not eligible for a payment under paragraph (1)
if--
            ``(A) the person is a current or former officer or employee
        of a Federal, State, or local government agency or
        instrumentality who furnishes information discovered or
        gathered in the course of government employment;
            ``(B) the person knowingly participated in the offense;
            ``(C) the information furnished by the person consists of
        an allegation or transaction that has been disclosed to the
        public--
                    ``(i) in a criminal, civil, or administrative
                proceeding;
                    ``(ii) in a congressional, administrative, or
                General Accounting Office report, hearing, audit, or
                investigation; or
                    ``(iii) by the news media, unless the person is the
                original source of the information; or
            ``(D) when, in the judgment of the Attorney General, it
        appears that a person whose illegal activities are being
        prosecuted or investigated could benefit from the award.
    ``(3) For the purposes of paragraph (2)(C)(iii), the term `original
source' means a person who has direct and independent knowledge of the
information that is furnished and has voluntarily provided the
information to the Government prior to disclosure by the news media.
    ``(4) Neither the failure of the Attorney General to authorize a
payment under paragraph (1) nor the amount authorized shall be subject
to judicial review.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 1994 for
the purposes of carrying out this Act and the amendments made by this
Act--
            (1) $10,000,000 for the Federal Bureau of Investigation to
        hire, equip, and train no fewer than 100 special agents and
        support staff to investigate telemarketing fraud cases;
            (2) $3,500,000 to hire, equip, and train no fewer than 30
        Department of Justice attorneys, assistant United States
        Attorneys, and support staff to prosecute telemarketing fraud
        cases; and
            (3) $10,000,000 for the Department of Justice to conduct,
        in cooperation with State and local law enforcement agencies
        and senior citizen advocacy organizations, public awareness and
        prevention initiatives for senior citizens, such as seminars
        and training.

SEC. 8. BROADENING APPLICATION OF MAIL FRAUD STATUTE.

    Section 1341 of title 18, United States Code, is amended--
            (1) by inserting ``or deposits or causes to be deposited
        any matter or thing whatever to be sent or delivered by any
        private or commercial interstate carrier,'' after ``Postal
        Service,''; and
            (2) by inserting ``or such carrier'' after ``causes to be
        delivered by mail''.

SEC. 9. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.

    Section 1029 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (3);
                and
                    (B) by inserting after paragraph (4) the following
                new paragraphs:
            ``(5) knowingly and with intent to defraud effects
        transactions, with 1 or more access devices issued to another
        person or persons, to receive payment or any other thing of
        value during any 1-year period the aggregate value of which is
        equal to or greater than $1,000;
            ``(6) without the authorization of the issuer of the access
        device, knowingly and with intent to defraud solicits a person
        for the purpose of--
                    ``(A) offering an access device; or
                    ``(B) selling information regarding or an
                application to obtain an access device; or
            ``(7) without the authorization of the credit card system
        member or its agent, knowingly and with intent to defraud
        causes or arranges for another person to present to the member
        or its agent, for payment, 1 or more evidences or records of
        transactions made by an access device;'';
            (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)''
        and inserting ``(a) (2), (3), (5), (6), or (7)''; and
            (3) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph
                (5);
                    (B) by striking the period at the end of paragraph
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(7) the term `credit card system member' means a
        financial institution or other entity that is a member of a
        credit card system, including an entity, whether affiliated
        with or identical to the credit card issuer, that is the sole
        member of a credit card system.''.

SEC. 10. INFORMATION NETWORK.

    (a) Hotline.--The Attorney General shall establish a national toll-
free hotline for the purpose of--
            (1) providing general information on telemarketing fraud to
        interested persons; and
            (2) gathering information related to possible violations of
        this Act.
    (b) Action on Information Gathered.--The Attorney General shall
work in cooperation with the Federal Trade Commission to ensure that
information gathered through the hotline shall be acted on in an
appropriate manner.

            Passed the Senate July 30 (legislative day, June 30), 1993.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

Summary: Senior Citizens Against Marketing Scams Act of 1993 - Amends the Federal criminal code to provide for enhanced penalties for telemarketing fraud that targets or victimizes persons over age 55. Directs the court to order offenders to: (1) pay restitution to persons who sustained losses as a result of the fraudulent activity. And (2) forfeit to the United States property constituting or derived from proceeds obtained as a result of the offense. Requires the US Sentencing Commission to review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against persons over age 55 are adequate. Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders. Authorizes appropriations. Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier. Sets forth provisions regarding fraud and related activity in connection with access devices. Directs the Attorney General to establish a national, toll-free telemarketing fraud hotline.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Family Business
Preservation Act''.

SEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS INTERESTS.

    (a) In General.--Part I of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to tax imposed) is amended by
adding at the end the following new section:

``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS.

    ``(a) In General.--In the case of an estate of a decedent to which
this section applies, the tax imposed by section 2001 shall not exceed
the sum of--
            ``(1) a tax computed at the rates and in the manner as if
        this section had not been enacted on the greater of--
                    ``(A) the sum described in section 2001(c)(1)
                reduced by the qualified family-owned business
                interests, or
                    ``(B) the sum (if any) described in section
                2001(c)(1) taxed at a rate below the applicable rate,
                plus
            ``(2) a tax equal to the applicable rate of the portion of
        the taxable estate in excess of the amount determined under
        paragraph (1).
    ``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
            ``(1) the decedent was (at the date of his or her death) a
        citizen of the United States,
            ``(2) the sum of--
                    ``(A) the value of the qualified family-owned
                business interests which are included in determining
                the gross estate and which are acquired from or passed
                from the decedent to a qualified heir of the decedent,
                and
                    ``(B) the amount (taken into account under
                subsection 2001(b)(1)(B)) of the adjusted taxable gifts
                of such interests to members of the decedent's family,
        exceeds 50 percent of the adjusted gross estate, and
            ``(3) during the 8-year period ending on the date of the
        decedent's death there have been periods aggregating 5 years or
        more during which--
                    ``(A) such interests were owned by the decedent or
                a member of the decedent's family, and
                    ``(B) there was material participation by the
                decedent or a member of the decedent's family in the
                operation of the business to which such interests
                relate.
    ``(c) Applicable Rate.--For purposes of this section, the
applicable rate is--
            ``(1) 15 percent if the requirement of subsection (b)(3)(B)
        is met by a member of the decedent's family, and
            ``(2) 20 percent in any other case.
    ``(d) Qualified Family-Owned Business Interest.--
            ``(1) In general.--For purposes of this section, the term
        `qualified family-owned business interest' means--
                    ``(A) an interest as a proprietor in a trade or
                business carried on as a proprietorship;
                    ``(B) an interest as a partner in a partnership
                carrying on a trade or business, if such partnership
                had 15 or fewer partners; or
                    ``(C) stock in a corporation carrying on a trade or
                business if such corporation had not more than the
                number of shareholders specified in section
                1361(b)(1)(A).
        Such term shall not include any interest which is readily
        tradable on an established securities market or otherwise.
            ``(2) Rules for applying paragraph (1).--For purposes of
        paragraph (1), rules similar to the rules of paragraphs (2),
        (3), (4), and (6) of section 6166(b) shall apply.
    ``(e) Recapture of Tax Benefit if Interests Not Held for 10
Years.--
            ``(1) In general.--If--
                    ``(A) during the 10-year period beginning on the
                date of death of the decedent--
                            ``(i)(I) any portion of a qualified family-
                        owned business interest is distributed, sold,
                        exchanged, or otherwise disposed of, or
                            ``(II) money and other property
                        attributable to such an interest is withdrawn
                        from such trade or business, and
                    ``(B) the aggregate of such distributions, sales,
                exchanges, or other dispositions and withdrawals equals
                or exceeds 20 percent of the value of such interest, or
        there is hereby imposed an additional estate tax.
            ``(2) Additional estate tax.--
                    ``(A) In general.--The amount of the additional
                estate tax imposed by paragraph (1) shall be the
                applicable percentage of the excess of what would have
                been the estate tax liability but for subsection (a)
                over the adjusted estate tax liability.
                    ``(B) Applicable percentage.--For purposes of
                subparagraph (A), the term `applicable percentage'
                means 100 percent reduced (but not below zero) by the
                product of--
                            ``(i) 10 percentage points, and
                            ``(ii) the number of years (if any) after
                        the date of the decedent's death which the year
                        during which the additional estate tax is
                        imposed by paragraph (1) is after the 1st year
                        after the date of the decedent's death.
                    ``(C) Adjusted estate tax liability.--For purposes
                of subparagraph (A), the term `adjusted estate tax
                liability' means the estate tax liability increased by
                the amount (if any) of any prior additional estate tax
                imposed by subsection (f).
                    ``(D) Estate tax liability.--For purposes of this
                paragraph, the term `estate tax liability' means the
                tax imposed by section 2001 reduced by the credits
                allowable against such tax.
            ``(3) Certain rules to apply.--For purposes of this
        subsection, rules similar to the rules of subparagraphs (B),
        (C), and (D) of section 6166(g)(1) shall apply.
    ``(f) Recapture of Portion of Tax Benefit if Heirs Cease to
Materially Participate During 10 Years After Death.--
            ``(1) In general.--If--
                    ``(A) the applicable rate which applied under
                subsection (a) to the estate of the decedent was 15
                percent,
                    ``(B) at any time during the 10-year period
                beginning on the date of death of the decedent, no
                qualified heir materially participates in the operation
                of the business to which the qualified family-owned
                business interests relate, and
                    ``(C) there is no recapture under subsection (e) on
                or before the earliest date during such 10-year period
                that no qualified heir so materially participated,
        there is hereby imposed an additional estate tax.
            ``(2) Additional estate tax.--The amount of the additional
        estate tax imposed by paragraph (1) shall be the applicable
        percentage of the excess of what would have been the estate tax
        liability but for subsection (c)(1) over the estate tax
        liability.
            ``(3) Definitions.--For purposes of paragraph (2), the
        terms `applicable percentage' and `estate tax liability' have
        the meanings given to such terms by subsection (e).
    ``(g) Other Definitions.--For purposes of this section, the terms
`qualified heir' and `member of the family' have the meanings given to
such terms by section 2032A(e).''
    (b) Clerical Amendment.--The table of sections for part I of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:

                              ``Sec. 2003. Reduced rate on family-owned
                                        business interests.''
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this section.

SEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE TAX EXTENDED
              UNDER SECTION 6166 NOT TO APPLY TO ESTATE TAX
              ATTRIBUTABLE TO QUALIFIED FAMILY-OWNED BUSINESS
              INTERESTS.

    (a) In General.--Paragraph (2) of section 6601(j) of the Internal
Revenue Code of 1986 (relating to 4-percent portion) is amended by
adding at the end the following new flush sentence:
        ``Subparagraph (B) shall not take into account the amount of
        the tax imposed by chapter 11 which is attributable to
        qualified family-owned business interests (as defined in
        section 2003(b)) unless an election is in effect under section
        2032A with respect to the estate.''.
    (b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after the date of the enactment of this
section.

SEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS WITH RESPECT
              TO ESTATE CONSISTING LARGELY OF QUALIFIED FAMILY-OWNED
              BUSINESS INTERESTS.

    (a) In General.--Section 2032 of the Internal Revenue Code of 1986
(relating to alternate valuation) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively, and
by inserting after subsection (b) the following new subsection:
    ``(c) Estates Largely Consisting of Qualified Family-Owned Business
Interests.--In the case of an estate to which section 2003 applies--
            ``(1) subsection (a) shall be applied by substituting `40
        months' for `6 months' each place it appears, and
            ``(2) section 6075(a) (relating to time for filing estate
        tax return) shall be applied by substituting `43 months' for `9
        months'.''
    (b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after the date of the enactment of this
section.

SEC. 5. INCREASE IN GIFT TAX EXCLUSION.

    (a) In General.--Subsection (b) of section 2503 of the Internal
Revenue Code of 1986 (relating to taxable gifts) is amended by adding
at the end the following new sentence: ``In the case of gifts made
during a calendar year by a donor to ancestors or lineal descendents of
the donor, the aggregate amount of such gifts which are not included in
the total amount of gifts by reason of this subsection shall not be
less than 15 percent of the donor's earned income (as defined in
section 32(c)(2)) for the taxable year ending with or within such
calendar year.''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to gifts made in calendar years beginning after the date of the
enactment of this section.

SEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS.

    (a) Estate Tax Credit.--
            (1) Subsection (a) of section 2010 of the Internal Revenue
        Code of 1986 (relating to unified credit against estate tax) is
        amended by striking ``$192,800'' and inserting ``the applicable
        credit amount''.
            (2) Section 2010 of such Code is amended by redesignating
        subsection (c) as subsection (d) and by inserting after
        subsection (b) the following new subsection:
    ``(c) Applicable Credit Amount.--For purposes of this section--
            ``(1) In general.--The applicable credit amount is the
        amount of the tentative tax which would be determined under the
        rate schedule set forth in section 2001(c) if the amount with
        respect to which such tentative tax is to be computed were
        $600,000.
            ``(2) Cost-of-living adjustments.--In the case of any
        decedent dying in a calendar year after December 31, 1995, the
        $600,000 amount set forth in paragraph (1) shall be increased
        by an amount equal to--
                    ``(A) $600,000, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for such calendar year by
                substituting `calendar year 1996' for `calendar year
                1992' in subparagraph (B) thereof.
        Any increase determined under the preceding sentence shall be
        rounded to the nearest multiple of $1,000.''
            (3) Paragraph (1) of section 6018(a) of such Code is
        amended by striking ``$600,000'' and inserting ``$600,000
        (adjusted as provided in section 2010(c)(2)''.
    (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of
such Code is amended by striking ``$192,800'' and inserting ``the
applicable credit amount in effect under section 2010(c) for such
calendar year''.
    (c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after December
31, 1995.

Summary: American Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IP-Enabled Voice Communications and
Public Safety Act of 2007''.

SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE.

    (a) In General.--The Wireless Communications and Public Safety Act
of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the
following:

``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.

    ``(a) In General.--It shall be the duty of every IP-enabled voice
service provider engaged in interstate or foreign communication to
provide 9-1-1 service, including enhanced 9-1-1 service, to its
subscribers in accordance with orders of the Commission in effect on
the date of enactment of the IP-Enabled Voice Communications and Public
Safety Act of 2007, as such orders may be modified by the Commission
from time to time.
    ``(b) Access to 9-1-1 Components.--
            ``(1) Regulations.--Within 90 days after the date of
        enactment of the IP-Enabled Voice Communications and Public
        Safety Act of 2007, the Commission shall issue regulations
        granting IP-enabled voice service providers right of access to
        9-1-1 components that are necessary to provide 9-1-1 service,
        on the same rates, terms, and conditions that are provided to
        commercial mobile service providers. In promulgating the
        regulations, the Commission shall take into account any
        technical, network security, or information privacy issues that
        are specific to IP-enabled voice services, including the
        security of 9-1-1 networks. The Commission shall require IP-
        enabled voice service providers to which the regulations apply
        to register with the Commission and to establish a point of
        contact for public safety and government officials relative to
        9-1-1 service and access.
            ``(2) Delegation of enforcement to state commissions.--The
        Commission may delegate authority to enforce the regulations
        issued under paragraph (1) to State commissions or other State
        agencies or programs with jurisdiction over emergency
        communications.
    ``(c) Savings Clause.--Nothing in the IP-Enabled Voice
Communications and Public Safety Act of 2007 shall be construed as
repealing or otherwise altering, modifying, affecting, or superseding
Federal regulations obligating an IP-enabled voice service provider to
provide 9-1-1 service or enhanced 9-1-1 service.
    ``(d) Limitation on Commission.--Nothing in this section shall be
construed to permit the Commission to issue regulations that require or
impose a specific technology or technological standard.
    ``(e) FCC Authority To Require 9-1-1 Service.--The Commission may
require any provider of a voice service that is a substitute for
telephone exchange service (as defined in section 3(47) of the
Communications Act of 1934 (47 U.S.C. 153(47))) to provide 9-1-1
service, including enhanced 9-1-1 service, to its subscribers. Nothing
in this subsection shall limit or otherwise affect the authority of the
Commission under the Communications Act of 1934 (47 U.S.C. 151 et
seq.).''.
    (b) Definitions.--Section 6 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the
end thereof the following:
            ``(8) IP-enabled voice service.--The term `IP-enabled voice
        service' has the meaning given the term `Interconnected VoIP
        Service' by section 9.3 of the Commission's regulations (47
        C.F.R. 9.3).
            ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1
        service' means any 9-1-1 service provided by an IP-enabled
        voice service provider, including enhanced IP-enabled 9-1-1
        service.
            ``(10) Enhanced ip-enabled 9-1-1 service.--The term
        `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1
        service so designated by the Federal Communications Commission
        in its Report and Order in WC Docket Nos. 04-36 and 05-196, or
        any successor proceeding.
            ``(11) 9-1-1 component.--The term `9-1-1 component' means
        any equipment, network, databases (including automatic location
        information databases and master street address guides),
        interface, selective router, trunkline, non-dialable p-ANI's,
        or other related facility necessary for the delivery and
        completion of 9-1-1 or E-9-1-1 calls and information related to
        such calls, as determined by the Commission.''.

SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE
              SERVICE.

    (a) In General.--Section 4 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
            (1) by striking ``carrier,'' in subsection (a) and
        inserting ``carrier, IP-enabled voice service provider, or
        alternative emergency communications service provider,'';
            (2) by striking ``its'' the first place it appears in
        subsection (a) and inserting ``their'';
            (3) by striking ``emergency calls or emergency services.''
        in subsection (a) and inserting ``emergency calls, emergency
        services, or alternative emergency communications services.'';
            (4) by striking ``service shall'' in subsection (b) and
        inserting ``service, or IP-enabled voice service, shall'';
            (5) by striking ``wireless.'' in subsection (b) and
        inserting ``wireless, IP-enabled, or alternative emergency
        communications.'';
            (6) by striking ``communications,'' in subsection (c) and
        inserting ``communications, IP-enabled voice service
        communications, or alternative emergency communications,''; and
            (7) by striking ``wireless.'' in subsection (c) and
        inserting ``wireless, IP-enabled, or alternative emergency
        communications.''.
    (b) Definitions.--Section 6 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b),
is further amended by adding at the end thereof the following:
            ``(12) Alternative emergency communications service.--The
        term `alternative emergency communications service' means the
        provision of emergency information to a public safety answering
        point via wire or radio communications, and may include 9-1-1
        and enhanced 9-1-1 Services.
            ``(13) Alternative emergency communications service
        provider.--The term `alternative emergency communications
        service provider' means an entity other than a local exchange
        carrier, wireless carrier, or an IP-enabled voice service
        provider that is required by the Commission or, in the absence
        of any such requirement, is specifically authorized by the
        appropriate local or State 9-1-1 governing authority, to
        provide alternative emergency communications services.''.

SEC. 4. STATE AUTHORITY OF FEES.

    Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151
et seq.), the Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a), or any Federal Communications Commission regulation or
order shall prevent the imposition on, or collection by, a provider of
IP-enabled voice services or commercial mobile service, of any fee or
charge specifically designated by a State, political subdivision
thereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services
if that fee or charge--
            (1) for IP-enabled voice services, does not exceed the
        amount of any such fee or charge imposed on or collected by a
        provider of telecommunications services; and
            (2) is obligated or expended in support of 9-1-1 and E 099-
        1-1 services, or enhancements of such services, or other
        emergency communications services as specified in the provision
        of State or local law adopting the fee or charge.

SEC. 5. FEE ACCOUNTABILITY.

    To ensure efficiency, transparency, and accountability in the
collection and expenditure of 9-1-1 fees, the Federal Communications
Commission shall submit a report within 1 year after the date of
enactment of this Act, and annually thereafter, to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce detailing the status
in each State of the collection and distribution of 9-1-1 fees and
include findings on the amount of revenues obligated or expended by
each State or political subdivision thereof for any purpose other than
the purpose for which any fee or charges are presented.

SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

    (a) In General.--Section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942) is
amended--
            (1) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 270 days after
        the date of the enactment of the IP-Enabled Voice
        Communications and Public Safety Act of 2007, the Office shall
        develop and report to Congress on a national plan for migrating
        to a national IP-enabled emergency network capable of receiving
        and responding to all citizen activated emergency
        communications and improving information sharing among all
        emergency response entities.
            ``(2) Contents of plan.--The plan required by paragraph (1)
        shall--
                    ``(A) outline the potential benefits of such a
                migration;
                    ``(B) identify barriers that must be overcome and
                funding mechanisms to address those barriers;
                    ``(C) provide specific mechanisms for ensuring the
                IP-enabled emergency network is available in every
                community and is coordinated on a local, regional, and
                Statewide basis;
                    ``(D) identify location technology for nomadic
                devices and for office buildings and multi-dwelling
                units;
                    ``(E) include a proposed timetable, an outline of
                costs and potential savings;
                    ``(F) provide specific legislative language, if
                necessary, for achieving the plan;
                    ``(G) provide recommendations on any legislative
                changes, including updating definitions, to facilitate
                a national IP-enabled emergency network;
                    ``(H) assess, collect, and analyze the experiences
                of the PSAPs and related public safety authorities who
                are conducting trial deployments of IP-enabled
                emergency networks as of the date of enactment of the
                IP-Enabled Voice Communications and Public Safety Act
                of 2007;
                    ``(I) document solutions that a national IP-enabled
                emergency network will provide for 9-1-1 access to
                those with disabilities and needed steps to implement
                such solutions, including a recommended timeline for
                such implementation; and
                    ``(J) analyze technologies and efforts to provide
                automatic location capabilities and provide
                recommendations on needed regulatory or legislative
                changes necessary to implement automatic location
                solutions for 9-1-1 purposes.
            ``(3) Consultation.--In developing the plan required by
        paragraph (1), the Office shall consult with representatives of
        the public safety community, groups representing those with
        disabilities, technology and telecommunications providers, and
        others it deems appropriate.''; and
            (3) by striking ``services.'' in subsection (b)(1) and
        inserting ``services, and for migration to an IP-enabled
        emergency network.''.
    (b) Availability of PSAP Information.--The Federal Communications
Commission may compile a list of public safety answering point contact
information, as well as contact information for 9-1-1 component
providers, for the purpose of assisting IP-enabled voice service
providers and others in complying with this Act and section 158(d) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 942(d)) as amended by subsection (a), and
may make any portion of such information available to the public if
such availability would improve public safety.
    (c) Development of Standards.--The Federal Communications
Commission shall work cooperatively with public safety organizations,
industry participants, and the E-9-1-1 Implementation Coordination
Office to develop best practices that promote consistency, where
appropriate, including procedures for--
            (1) defining geographic coverage areas for Public Safety
        Answering Points;
            (2) defining network diversity requirements for delivery of
        IP-enabled 9-1-1 calls;
            (3) call-handling in the event of call overflow or network
        outages;
            (4) Public Safety Answering Point certification and testing
        requirements;
            (5) validation procedures for inputting and updating
        location information in relevant databases; and
            (6) the format for delivering address information to Public
        Safety Answering Points.

SEC. 7. ENFORCEMENT.

    The Federal Communications Commission shall enforce the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C. 615a) as if
that Act were part of the Communications Act of 1934. For purposes of
this section, any violation of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a), or any regulation promulgated
under that Act, is deemed to be a violation of the Communications Act
of 1934 or a regulation promulgated under the Communications Act of
1934, respectively.

SEC. 8. COMPLETION OF THE HATFIELD REPORT.

    (a) In General.--Not later than 30 days after the date of enactment
of this Act, the Federal Communications Commission shall remit all
amounts promised for the completion of an update to the Report on
Technical and Operational Issues Impacting the Provision of Wireless
Enhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on
October 15, 2002, in WT Docket No. 02-46.
    (b) Submission of Report.--Mr. Hatfield shall submit his written
findings as of May 1, 2006, to the Federal Communications Commission
not later than 60 days after receiving the payment described in
subsection (a).

SEC. 9. 9/11 COMMISSION ACT OF 2007.

    Section 2301 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking
``the `Improving Emergency Communications Act of 2007'.'' and inserting
``the `911 Modernization Act'.''.

            Passed the Senate February 26, 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                 S. 428

_______________________________________________________________________

                                 AN ACT

To amend the Wireless Communications and Public Safety Act of 1999, and
                          for other purposes.

Summary: IP-Enabled Voice Communications and Public Safety Act of 2007 - Amends the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Requires the Federal Communications Commission (FCC) to issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction. Authorizes the FCC to require any provider of a voice service that is a substitute for telephone exchange service to provide 9-1-1 service, including enhanced 9-1-1 service. Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability for service carriers, users, and public safety answering points (PSAPs). Defines alternative emergency communications service as the provision of emergency information to a PSAP via wire or radio communications, possibly including 9-1-1 and enhanced 9-1-1 services. Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999, or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 9-1-1 or E-9-1-1 services. Requires the FCC to report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status in each state of the collection and distribution of 9-1-1 fees. Amends the National Telecommunications and Information Administration Organization Act to require the E-9-1-1 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, as well as contact information for 9-1-1 component providers, to assist providers in complying with this Act and specified provisions of the National Telecommunications and Information Administration Organization Act. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency. Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934 and deems any violation to be a violation of the Communications Act of 1934. Sets deadlines for: (1) the FCC to remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services, and (2) the filing of related written findings.

A bill to amend the Wireless Communications and Public Safety Act of 1999, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Challenge
Demonstration Project Act of 2007''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) adapt the lessons of foreign aid to underdeveloped
        economies, such as the experience of the Millennium Challenge
        Corporation, to the provision of Federal economic development
        assistance to similarly situated remote Native American
        communities;
            (2) provide Federal economic development assistance for
        Native communities through the Native American Challenge
        Demonstration Project;
            (3) administer Federal economic development assistance in a
        manner that promotes economic growth and the elimination of
        poverty and strengthens good governance, entrepreneurship, and
        investment in Native communities;
            (4) improve the effectiveness of Federal economic
        development assistance by encouraging the integration and
        coordination of such assistance in Native American communities;
            (5) promote sustainable economic growth and poverty
        reduction policies in Native American communities in a manner
        that promotes self-determination and self-sufficiency among
        remote Native American communities while preserving their
        cultural values; and
            (6) establish a demonstration project which, if successful,
        may be broadly applied to other Native American communities in
        the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term `` eligible entity'' means--
                    (A) the Association of Village Council Presidents,
                the Bristol Bay Native Association, and the Alaska
                Federation of Natives applying jointly;
                    (B) in the State of Hawaii, a consortia of local
                Native Hawaiian community organizations to be
                determined by the Secretary in consultation with the
                Secretary of Interior and the Office of Hawaiian
                Affairs; and
                    (C) in the contiguous states, up to three
                organizations to be determined by the Secretary in
                consultation with the Secretary of the Interior, which
                organizations may be Indian tribes, consortia of Indian
                tribes, or nongovernmental entities authorized by one
                or more Indian tribes.
            (2) Compact.--The term ``compact'' means a binding
        agreement with the United States pursuant to this Act.
            (3) Economic development strategy of the eligible entity.--
        The term ``economic development strategy of the eligible
        entity'' means a strategy written by the eligible entity and
        designed to achieve sustainable economic growth and reduce
        poverty over a defined period, developed in consultation with
        public and private sector entities as appropriate to the
        geographic area and intended beneficiaries of the compact.
            (4) Indian tribe.--The term ``Indian tribe'' shall have the
        meaning given the term in section 4(e) of the Indian Self
        Determination and Education Assistance Act (25 U.S.C. 450 et
        seq.).
            (5) Renewal.--The term ``renewal'' means the negotiated
        extension of a compact.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce, Office of the Secretary.

SEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT.

    (a) Establishment.--The Secretary shall establish and implement a
demonstration project in the Department of Commerce.
    (b) Authorization of Assistance.--The Secretary may provide
assistance under this section to an eligible entity that enters a
compact with the United States pursuant to this Act.
    (c) Form of Assistance.--Assistance under this section--
            (1) shall be provided in the form of funding agreements
        established by the compacts;
            (2) may not be provided in the form of loans; and
            (3) may not be used for gaming activities pursuant to the
        Indian Gaming Regulatory Act (25 USC 2701 et seq.).
    (d) Coordination.--
            (1) In general.--The provision of assistance under this
        section shall be coordinated with other Federal economic
        development assistance programs for Native Americans.
            (2) Integrated funding.--The Secretary, in cooperation with
        other Secretaries as appropriate, shall, upon execution of a
        compact with an eligible entity, authorize the eligible entity
        to coordinate its federally funded economic development
        assistance programs in a manner that integrates the program
        services into a single, coordinated program.
            (3) Agencies and departments.--The Federal agencies and
        departments administering economic development assistance
        programs for Native Americans are the following:
                    (A) Department of Agriculture.
                    (B) Department of Commerce.
                    (C) Department of Energy.
                    (D) Department of Health and Human Services.
                    (E) Department of Housing and Urban Development.
                    (F) Department of the Interior.
                    (G) Small Business Administration.
                    (H) Such other Federal agencies and
                instrumentalities as the Secretary determines
                appropriate.
    (e) Programs Affected.--The programs that may be integrated
pursuant to this Act shall include any program under which an Indian
tribe is eligible for receipt of funds under a statutory or
administrative formula for economic development purposes.
    (f) Waiver Authority.--Upon receipt of the executed compact, the
Secretary shall consult with the eligible entity and the Secretary of
each Federal agency or department providing funds to be used to
implement the compact in order to identify any waivers of statutory
requirements or applicable regulations, policies, or procedures
necessary to enable the eligible entity to implement its compact.

SEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS.

    (a) Compacts.--The Secretary shall develop and recommend procedures
for considering proposals for compacts submitted by eligible entities.
The Secretary may provide assistance to an eligible entity only if the
eligible entity enters into an agreement with the United States, to be
known as a ``Native American Challenge Compact'', that establishes a
multi-year plan for achieving development objectives in furtherance of
the purposes of this Act.
    (b) Eligible Entities-Criteria for Selection.--The Secretary shall
develop an application process and criteria for selecting the eligible
entities, taking into account--
            (1) the purposes of this Act;
            (2) the economic development strategy of the eligible
        entity;
            (3) the remoteness of the reservation or community to be
        served;
            (4) its general economic status;
            (5) poverty rates; and
            (6) the capacity of the applicant.
    (c) Assistance for Development of a Compact.--To the extent that
funds have been appropriated in advance and are available for this
section, the Secretary may enter into contracts with or make grants to
any eligible entity for the purposes of facilitating the development
and implementation of a compact between the United States and the
eligible entity.
    (d) Duration and Extension.--The term of an initial compact may not
exceed five years. An eligible entity and the United States may enter
into one or more subsequent compacts in accordance with the
requirements of this Act. If a compact is nearing its expiration or has
expired, the eligible entity and the United States may renegotiate or
extend the compact for as many periods as the parties agree, with each
period not exceeding 10 years.
    (e) Application.--The Secretary shall develop and recommend
procedures for considering proposals for compacts submitted by eligible
entities.
    (f) Elements.--In furtherance of the economic development strategy
of the eligible entity, the compact shall contain--
            (1) a description of the specific objectives for
        sustainable economic development and the reduction of poverty
        that the eligible entity and the United States expect to
        achieve during the term of the compact;
            (2) a description of the respective roles and
        responsibilities of the eligible entity and the United States
        in the achievement of such objectives;
            (3) a list and description of regular benchmarks to measure
        progress toward achieving such objectives;
            (4) an identification of the intended beneficiaries,
        disaggregated by income level, gender, and age, to the maximum
        extent practical; and
            (5) a multi-year financial plan to guide the implementation
        of the compact, including the estimated level of funding and
        other contributions by the United States and the eligible
        entity, proposed mechanisms to execute the plan, and periodic
        assessments to determine whether the requirements of
        subparagraphs (1) through (4) are being met.
    (g) Suspension and Termination of Assistance.--
            (1) In general.--The Secretary may suspend or terminate
        assistance in whole or in part for an entity that has entered a
        compact with the United States if the Secretary determines
        that--
                    (A) the entity has failed to adhere to its
                responsibilities under the compact, or
                    (B) the entity has engaged in a pattern of actions
                inconsistent with the purposes of this Act.
    (h) Reinstatement.--The Secretary may reinstate assistance for an
entity only if the Secretary determines that the entity has
demonstrated a commitment to correcting each condition for which
assistance was suspended or terminated under subsection (f).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for each of fiscal years 2008 through 2012.
Any funds authorized but not appropriated may be appropriated in
subsequent fiscal years, provided that the cumulative level of funds
authorized to be appropriated for Fiscal Year 2008 through 2012 shall
not exceed $100,000,000. Sums appropriated under this section shall
remain available until expended.
    (b) Administrative Funds.--Of the funds made available by this Act,
no more than 5 percent may be used by the Secretary for administrative
expenses and program oversight.

SEC. 7. PROGRAM ASSESSMENTS AND REPORTS.

    (a) Reports of Eligible Entities.--Not later than March 15, 2008,
and annually thereafter, each the eligible entity shall prepare and
submit to the Secretary a written report regarding the assistance
provided under this Act during the previous fiscal year.
    (b) Report Contents.--A report required under subsection (a) shall
include the following:
            (1) The amount of obligations and expenditures for
        assistance provided during the prior fiscal year.
            (2) A description of the programs and activities conducted
        by the entity in furtherance of its economic development
        strategy and the purposes of this Act.
            (3) An assessment of the effectiveness of the assistance
        provided and progress made by the entity toward achieving its
        economic development strategy and the purposes of this Act.
            (4) Other information the eligible entity considers
        relevant considering the purposes of this Act.
    (c) Transmittal to Congress.--Not later than May 15, 2008, and
annually thereafter, the Secretary shall transmit reports required
under subsection (a), with such other information the Secretary
considers relevant, to the Committee on Energy and Commerce and the
Committee on Natural Resources in the House of Representatives, and the
Committee on Indian Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Energy and Natural Resources in
the Senate.

Summary: Native American Challenge Demonstration Project Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to eligible entities that enter into Native American Challenge Compacts with the United States pursuant to this Act. Requires that Compacts establish a multi-year plan for achieving development objectives in furthering the purposes of this Act, including to adapt the lessons of foreign aid to underdeveloped economies to the provision of federal economic development assistance to similarly situated remote Native American communities.

To adapt the lessons of foreign aid to underdeveloped economies to the provision of Federal economic development assistance to similarly situated remote Native American communities, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teaching Children to Save Lives Act
of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Heart disease is the leading cause of death in the
        United States.
            (2) Sudden cardiac arrest is the leading cause of death in
        young athletes.
            (3) Sudden cardiac arrest kills an estimated 5,000 to 7,000
        children and young people per year--nearly 20 per day.
            (4) The American Heart Association estimates that the lives
        of 40,000 cardiac arrest victims could be saved each year
        through initiating a course of action known as the chain of
        survival.
            (5) The chain of survival includes prompt notification of
        emergency services and early cardiopulmonary resuscitation
        (hereinafter referred to as ``CPR''), defibrillation, and
        advanced cardiac life support.
            (6) Only 36 States have a law or curriculum standard
        encouraging CPR or automated external defibrillator
        (hereinafter referred to as ``AED'') training in schools.
            (7) A person experiencing sudden cardiac arrest has a 90
        percent chance of survival if CPR and an AED is used within the
        first minute after collapse.
            (8) Over 64 percent of young athletes and others have
        survived sudden cardiac arrest that occurred in a high school
        with an AED program.
            (9) An important part of school children's education is
        learning healthy behaviors, including proper nutrition and
        physical activity. This health education should also include
        basic emergency life-saving skills.
            (10) Teaching school children to perform the life-saving
        skill of CPR, identify and respond to choking victims, and
        recognize the signs of stroke and heart attack can improve
        their confidence in responding to an emergency and encourage
        continued efforts to update these skills after graduation,
        thereby potentially reducing the rate of death from sudden
        cardiac arrest, choking, and stroke.

SEC. 3. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS.

    (a) Grants Authorized.--The Secretary of Education shall carry out
a program under which the Secretary is authorized to award grants to
eligible local educational agencies or targeted schools for
implementing nationally recognized CPR and AED training courses.
    (b) Use of Funds.--A local educational agency or targeted school
under this Act may use the grant for--
            (1) training individuals in CPR and AED skills and
        instruction;
            (2) obtaining printed informational or instructional
        materials;
            (3) obtaining manikins;
            (4) obtaining AED training devices; and
            (5) obtaining other equipment as determined appropriate by
        the Secretary.
    (c) Grant Eligibility.--
            (1) Application.--To be eligible to receive a grant under
        this section, a local educational agency or targeted school
        shall submit an application to the Secretary at such time, in
        such manner, and containing such information and certifications
        as the Secretary may reasonably require.
            (2) AED training devices.--To be eligible to use the grant
        to obtain an AED training device, a local agency or targeted
        school shall demonstrate to the Secretary that such agency or
        school has implemented or intends to implement an AED training
        program in conjunction with a CPR training program as of the
        date of the submission of the application for the grant.
    (d) Priority of Award.--In awarding grants under this section, the
Secretary shall award such grants based on 1 or more of following
priorities:
            (1) Demonstrated need for initiating a CPR or AED training
        program in a targeted school or community served by targeted
        schools.
            (2) Demonstrated need for continued support of an existing
        CPR or AED training programs in targeted schools or communities
        served by targeted schools.
            (3) Demonstrated need for expanding an existing CPR or AED
        training program by adding training in the use of an AED.
            (4) Opportunities to encourage and foster partnerships with
        and among community organizations, including emergency medical
        service providers, fire and police departments, nonprofit
        organizations, public health organizations, and parent-teacher
        associations to aid in providing CPR or AED training.
            (5) Options to maximize the use of funds provided under
        this section.
    (e) Report Required.--Not later than 1 year after the date on which
funds are first appropriated to carry out the program, the Secretary
shall submit a report to Congress describing--
            (1) grant amounts and recipients;
            (2) how the funds were used; and
            (3) the impact of the funds on the development of CPR and
        AED training programs in schools implementing the grants.
    (f) Definitions.--In this section:
            (1) Targeted school.--The term ``targeted school'' means a
        public elementary school or secondary school that provides
        education to students in any of grades 6 through 12.
            (2) Local educational agency.--The term ``local educational
        agency'' has the meaning given such term in section 9101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$25,000,000 for each of the fiscal years 2012 through 2017.

Summary: Teaching Children to Save Lives Act of 2011 - Authorizes the Secretary of Education to award grants to local educational agencies or public elementary or secondary schools to implement nationally recognized cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) training courses. Allows a grant to be used to purchase an AED training device if the grantee implements or has implemented an AED training program in conjunction with a CPR training program.

To direct the Secretary of Education to establish a program to provide grants for cardiopulmonary resuscitation and automated external defibrillator training in public elementary and secondary schools.