SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Competitiveness Tax Credit Act''.

SEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER
              PRODUCTIVE EQUIPMENT.

    (a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end the following new paragraph:
            ``(4) the manufacturing and other productive equipment
        credit.''
    (b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end the following new subsection:
    ``(c) Manufacturing and Other Productive Equipment Credit.--
            ``(1) In general.--For purposes of section 46, the
        manufacturing and other productive equipment credit for any
        taxable year is an amount equal to the sum of--
                    ``(A) the domestic equipment credit, and
                    ``(B) the nondomestic equipment credit.
            ``(2) Amount of domestic and nondomestic equipment
        credits.--For purposes of this subsection--
                    ``(A) Domestic equipment credit.--
                            ``(i) In general.--The domestic equipment
                        credit for any taxable year is 10 percent of
                        the amount equal to the product of--
                                    ``(I) the domestic equipment ratio,
                                and
                                    ``(II) the qualified increase
                                amount.
                            ``(ii) Domestic equipment ratio.--The
                        domestic equipment ratio for any taxable year
                        is a fraction in which--
                                    ``(I) the numerator is the
                                aggregate bases of the qualified
                                manufacturing and other productive
                                equipment properties placed in service
                                during such taxable year which are of
                                domestic origin, and
                                    ``(II) the denominator is the
                                aggregate bases of all qualified
                                manufacturing and other productive
                                equipment properties placed in service
                                during such taxable year.
                    ``(B) Nondomestic equipment credit.--
                            ``(i) In general.--The nondomestic
                        equipment credit for any taxable year is 7
                        percent of the amount equal to the product of--
                                    ``(I) the nondomestic equipment
                                ratio, and
                                    ``(II) the qualified increase
                                amount.
                            ``(ii) Nondomestic equipment ratio.--The
                        nondomestic equipment ratio for any taxable
                        year is a fraction in which--
                                    ``(I) the numerator is the
                                aggregate bases of the qualified
                                manufacturing and other productive
                                equipment properties placed in service
                                during such taxable year which are not
                                of domestic origin, and
                                    ``(II) the denominator is the
                                aggregate bases of all qualified
                                manufacturing and other productuve
                                equipment properties placed in service
                                during such taxable year.
                    ``(C) Determination of domestic origin.--
                            ``(i) In general.--Property shall be
                        treated as being of domestic origin only if--
                                    ``(I) the property was completed in
                                the United States, and
                                    ``(II) at least 50 percent of the
                                basis of the property is attributable
                                to value added within the United
                                States.
                            ``(ii) United states.--The term `United
                        States' includes the Commonwealth of Puerto
                        Rico and the possessions of the United States.
            ``(3) Qualified manufacturing and other productive
        equipment property.--For purposes of this subsection--
                    ``(A) In general.--The term `qualified
                manufacturing and other productive equipment property'
                means any property--
                            ``(i) which is used as an integral part of
                        the manufacture or production of tangible
                        personal property and increases the efficiency
                        of the manufacturing or production process;
                            ``(ii) which is tangible property to which
                        section 168 applies, other than 3-year property
                        (within the meaning of section 168(e)),
                            ``(iii) which is section 1245 property (as
                        defined in section 1245(a)(3)), and
                            ``(iv)(I) the construction, reconstruction,
                        or erection of which is completed by the
                        taxpayer, or
                            ``(II) which is acquired by the taxpayer,
                        if the original use of such property commences
                        with the taxpayer.
                    ``(B) Special rule for computer software.--In the
                case of any computer software--
                            ``(i) which is used to control or monitor a
                        manufacturing or production process,
                            ``(ii) which increases the efficiency of
                        the manufacturing or production process, and
                            ``(iii) with respect to which depreciation
                        (or amortization in lieu of depreciation) is
                        allowable,
                such software shall be treated as qualified
                manufacturing and other productive equipment property.
            ``(4) Qualified increase amount.--For purposes of this
        subsection--
                    ``(A) In general.--The term `qualified increase
                amount' means the excess (if any) of--
                            ``(i) the aggregate bases of qualified
                        manufacturing and other productive equipment
                        properties placed in service during the taxable
                        year, over
                            ``(ii) the base amount.
                    ``(B) Base amount.--The term `base amount' means
                the product of--
                            ``(i) the fixed-base percentage, and
                            ``(ii) the average annual gross receipts of
                        the taxpayer for the 4 taxable years preceding
                        the taxable year for which the credit is being
                        determined (in this subsection referred to as
                        the `credit year').
                    ``(C) Minimum base amount.--In no event shall the
                base amount be less than 50 percent of the amount
                determined under subparagraph (A)(i).
                    ``(D) Fixed-base percentage.--
                            ``(i) In general.--The fixed-base
                        percentage is the percentage which the
                        aggregate amounts described in subparagraph
                        (A)(i) for taxable years beginning after
                        December 31, 1987, and before January 1, 1993,
                        is of the aggregate gross receipts of the
                        taxpayer for such taxable years.
                            ``(ii) Rounding.--The percentages
                        determined under clause (i) shall be rounded to
                        the nearest \1/100\ of 1 percent.
                    ``(E) Other rules.--Rules similar to the rules of
                paragraphs (4) and (5) of section 41(c) shall apply for
                purposes of this paragraph.
            ``(5) Coordination with other credits.--This subsection
        shall not apply to any property to which the energy credit or
        rehabilitation credit would apply unless the taxpayer elects to
        waive the application of such credits to such property.
            ``(6) Certain progress expenditure rules made applicable.--
        Rules similar to rules of subsections (c)(4) and (d) of section
        46 (as in effect on the day before the date of the enactment of
        the Revenue Reconciliation Act of 1990) shall apply for
        purposes of this subsection.
            ``(7) Termination date.--This subsection shall not apply to
        any property placed in service after the expiration of the 2-
        year period beginning on the date of the enactment of this
        Act.''
    (c) Technical Amendments.--
            (1) Clause (ii) of section 49(a)(1)(C) of such Code is
        amended by inserting ``or qualified manufacturing and other
        productive equipment property'' after ``energy property''.
            (2) Subparagraph (E) of section 50(a)(2) of such Code is
        amended by inserting ``or 48(c)(6)'' before the period at the
        end.
            (3)(A) The section heading for section 48 of such Code is
        amended to read as follows:

``SEC. 48. OTHER CREDITS.''

            (B) The table of sections for subpart E of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 48 and inserting the following:

``Sec. 48. Other credits.''
    (d) Effective Date.--The amendments made by this section shall
apply to--
            (1) property acquired by the taxpayer after the date of the
        enactment of this Act, and
            (2) property the construction, reconstruction, or erection
        of which is completed by the taxpayer after the date of the
        enactment of this Act, but only to the extent of the basis
        thereof attributable to construction, reconstruction, or
        erection after such date.

Summary: Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property. Makes such credit applicable for the two-year period beginning on the date of enactment of this Act.

Competitiveness Tax Credit Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cardiac Arrest Survival Act of
1999''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Each year more than 250,000 adults suffer cardiac
        arrest, usually away from a hospital. More than 95 percent of
        them will die, in many cases because cardiopulmonary
        resuscitation (``CPR''), defibrillation, and advanced life
        support are provided too late to reverse the cardiac arrest.
        These cardiac arrests occur primarily from occult underlying
        heart disease and from drowning, allergic or sensitivity
        reactions, or electrical shocks.
            (2) Every minute that passes before returning the heart to
        a normal rhythm after a cardiac arrest causes the chance of
        survival to fall by 10 percent.
            (3) In communities where strong public access to
        defibrillation programs have been implemented, survival from
        cardiac arrest has improved by as much as 20 percent.
            (4) Survival from cardiac arrest requires successful early
        implementation of a chain of events, known as the chain of
        survival, which must be initiated as soon as the person
        sustains a cardiac arrest and must continue until the person
        arrives at the hospital.
            (5) The chain of survival is the medical standard of care
        for treatment of cardiac arrest.
            (6) A successful chain of survival requires the first
        person on the scene to take rapid and simple initial steps to
        care for the patient and to assure that the patient promptly
        enters the emergency medical services system. These steps
        include--
                    (A) recognizing an emergency and activating the
                emergency medical services system;
                    (B) beginning CPR; and
                    (C) using an automated external defibrillator
                (``AED'') if one is available at the scene.
            (7) The first persons at the scene of an arrest are
        typically lay persons who are friends or family of the victim,
        fire services, public safety personnel, basic life support
        emergency medical services providers, teachers, coaches and
        supervisors of sports or other extracurricular activities,
        providers of day care, school bus drivers, lifeguards,
        attendants at public gatherings, coworkers, and other leaders
        within the community.
            (8) The Federal Government should facilitate programs for
        the placement of AEDs in public buildings, including provisions
        regarding the training of personnel in CPR and AED use,
        integration with the emergency medical services system, and
        maintenance of the devices.

SEC. 3. RECOMMENDATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES
              REGARDING PLACEMENT OF AUTOMATIC EXTERNAL DEFIBRILLATORS
              IN BUILDINGS.

    Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following section:

      ``recommendations regarding placement of automated external
                      defibrillators in buildings

    ``Sec. 247. (a) Recommendation for Federal Buildings.--
            ``(1) In General.--Not later than 90 days after the date of
        the enactment of the Cardiac Arrest Survival Act of 1999, the
        Secretary shall assist in providing for an improvement in the
        survival rates of individuals who experience cardiac arrest in
        Federal buildings by publishing in the Federal Register for
        public comment the recommendations of the Secretary with
        respect to placing automatic external defibrillators in such
        buildings. The Secretary shall in addition assist Federal
        agencies in implementing programs for such placement.
            ``(2) Agency assessments.--Not later than 180 days after
        the date on which the recommendations are published under
        paragraph (1), the head of each Federal agency that occupies a
        Federal building that meets the criteria described in
        subsection (a)(1) shall submit to the Secretary an assessment
        of the ability of each such agency to meet the goals described
        in subsection (c).
    ``(b) Additional Recommendations.--The Secretary shall publish, as
part of the recommendations referred to in subsection (a),
recommendations with respect to the placement of automatic external
defibrillators in buildings and facilities, or other appropriate
venues, frequented by the public (other than the buildings referred to
in subsection (a)). Such recommendations shall only be for information
purposes for States and localities to consider in determining policy
regarding the use or placement of such defibrillators in recommended
buildings, facilities or venues.
    ``(c) Consideration of Certain Goals for Survival Rates.--In
carrying out this section, the Secretary shall consider the goals
established by national public-health organizations for improving the
survival rates of individuals who experience cardiac arrest in
nonhospital settings, including goals for minimizing the time elapsing
between the onset of cardiac arrest and the initial medical response.
    ``(d) Certain Procedures.--The matters addressed by the Secretary
in the recommendations under subsections (a) and (b) shall include the
following:
            ``(1) Procedures for implementing appropriate nationally
        recognized training courses in performing cardiopulmonary
        resuscitation and the use of automatic external defibrillators.
            ``(2) Procedures for proper maintenance and testing of such
        devices, according to the guidelines of the manufacturer of the
        devices.
            ``(3) Procedures for ensuring direct involvement of a
        licensed medical professional and coordination with local
        emergency medical services in the oversight of training and
        notification of incidents of the use of the devices.
            ``(4) Procedures for ensuring notification of an agent of
        the local emergency medical system dispatch center of the
        location and type of device.
    ``(e) Certain Criteria.--In making recommendations under
subsections (a) and (b), the Secretary shall determine the following:
            ``(1) Criteria for selecting the public buildings,
        facilities and other venues in which automatic external
        defibrillators should be placed, taking into account--
                    ``(A) the typical number of employees and visitors
                in the buildings, facilities or venues;
                    ``(B) the extent of the need for security measures
                regarding the buildings, facilities or venues;
                    ``(C) buildings, facilities or other venues, or
                portions thereof, in which there are special
                circumstances such as high electrical voltage or
                extreme heat or cold; and
                    ``(D) such other factors as the Secretary
                determines to be appropriate.
            ``(2) Criteria regarding the maintenance of such devices
        (consistent with the labeling for the devices).
            ``(3) Criteria for coordinating the use of the devices in
        public buildings, facilities or other venues with providers of
        emergency medical services for the geographic areas in which
        the buildings, facilities or venues are located.''.

SEC. 4. IMMUNITY FROM CIVIL LIABILITY FOR EMERGENCY USE OF AUTOMATED
              EXTERNAL DEFIBRILLATORS.

    Part B of title II of the Public Health Service Act, as amended by
section 3 of this Act, is amended by adding at the end the following
section:

       ``liability regarding emergency use of automated external
                             defibrillators

    ``Sec. 248. (a) Persons Using AEDs.--Any person who provides
emergency medical care through the use of an automated external
defibrillator is immune from civil liability for any personal injury or
wrongful death resulting from the provision of such care, except as
provided in subsection (c).
    ``(b) Other Persons Involved With AEDs; Special Rules for
Acquirers.--
            ``(1) In general.--With respect to a personal injury or
        wrongful death to which subsection (a) applies, in addition to
        the person who provided emergency medical care through the use
        of the automated external defibrillator, the person described
        in paragraph (2) is with respect to the device immune from
        civil liability for the personal injury or wrongful death in
        accordance with such paragraph, except as provided in
        subsection (c).
            ``(2) Person described.--A person described in this
        paragraph is the person who acquired the device for use at a
        nonmedical facility (in this paragraph referred to as the
        `acquirer'). Such person shall be immune from liability as
        provided for in paragraph (1) if the following conditions are
        met:
                    ``(A) The condition that the acquirer notified
                local emergency response personnel of the most recent
                placement of the device within a reasonable period of
                time after the device was placed.
                    ``(B) The condition that, as of the date on which
                the emergency occurred, the device had been maintained
                and tested in accordance with the guidelines
                established for the device by the manufacturer of the
                device.
                    ``(C) In any case in which the person who provided
                the emergency medical care through the use of the
                device was an employee or agent of the acquirer, and
                the employee or agent was within the class of persons
                the acquirer expected would use the device in the event
                of a relevant emergency, the condition that the
                employee or agent received reasonable instruction in
                the use of such devices through a course approved by
                the Secretary or by the chief public health officer of
                any of the States.
    ``(c) Inapplicability of Immunity.--Immunity under subsections (a)
and (b) does not apply to a person if--
            ``(1) the person engaged in gross negligence or willful or
        wanton misconduct in the circumstances described in such
        subsections that apply to the person with respect to automated
        external defibrillators; or
            ``(2) the person was a licensed or certified medical
        professional who was using the automated external defibrillator
        while acting within the scope of their license or
        certification, and within the scope of their employment as a
        medical professional.
    ``(d) Rules of Construction.--
            ``(1) In general.--The following applies with respect to
        this section:
                    ``(A) This section is not applicable in any State
                that (before, on, or after the date of the enactment of
                the Cardiac Arrest Survival Act of 1999) provides
                through statute or regulations any degree of immunity
                for any class of persons for civil liability for
                personal injury or wrongful death arising from the
                provision of emergency medical care through the use of
                an automated external defibrillator.
                    ``(B) This section does not waive any protection
                from liability for Federal officers or employees
                under--
                            ``(i) section 224; or
                            ``(ii) sections 1346(b), 2672 and 2679 of
                        title 28, United States Code, or under
                        alternative benefits provided by the United
                        States where the availability of such benefits
                        precludes a remedy under section 1346(b) of
                        title 28.
                    ``(C) This section does not require that an
                automated external defibrillator be placed at any
                building or other location.
            ``(2) Civil actions under federal law.--
                    ``(A) In general.--The applicability of subsections
                (a) through (c) includes applicability to any action
                for civil liability described in subsection (a) that
                arises under Federal law.
                    ``(B) Federal areas adopting state law.--If a
                geographic area is under Federal jurisdiction and is
                located within a State but out of the jurisdiction of
                the State, and if, pursuant to Federal law, the law of
                the State applies in such area regarding matters for
                which there is no applicable Federal law, then an
                action for civil liability described in subsection (a)
                that in such area arises under the law of the State is
                subject to subsections (a) through (c) in lieu of any
                related State law that would apply in such area in the
                absence of this subparagraph.''.

            Passed the Senate November 19, 1999.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

Summary: Requires the Secretary to determine criteria for: (1) the selection of the Federal public buildings in which defibrillators should be placed, (2) defibrillator maintenance. And (3) the coordination of the use of the defibrillators in public buildings, facilities, or other venues with emergency medical services providers for the geographic areas in which the buildings are located. Provides that any person who provides emergency medical care through the use of a defibrillator, and the person who acquired the device are immune from civil liability for any personal injury or wrongful death resulting from the provision of such care, unless the person engaged in gross negligence or willful or wanton misconduct under the applicable circumstances, or the person was a licensed or certified medical professional who was using the defibrillator while acting within the scope of employment as a medical professional.

Cardiac Arrest Survival Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Savings Act of 2012''.

SEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM.

    (a) In General.--The Undersecretary of Defense (Comptroller) shall
carry out a 5-year pilot program to develop innovative consumer
financial products that encourage savings and wealth-creation among
active-duty servicemembers.
    (b) Objectives.--Financial products developed under this section
may seek to--
            (1) increase the rate of savings among active-duty
        servicemembers by providing automatic deposit into a savings
        account of special pay and allowances received by a
        servicemember, including special pay and allowances received on
        account of the servicemember's deployment;
            (2) reduce the need for high-cost short-term lending
        services by providing alternatives to servicemembers, such as
        financial institutions providing an option for servicemembers
        to receive advances on their salary payments, such that
        servicemembers receive pay in more frequent installments, and
        where any interest or fees on such advances shall not exceed
        the rate described in section 987(b) of title 10, United States
        Code and shall adhere to the Affordable Small Dollar Lending
        Guidelines of the Federal Deposit Insurance Corporation;
            (3) address obstacles to traditional consumer banking and
        lending for servicemembers with limited credit history; and
            (4) otherwise encourage savings and wealth-creation among
        active-duty servicemembers.
    (c) No Exacerbation of Credit Overextension.--The pilot program
carried out under this section shall be carried out in such a way that
it does not exacerbate the incidence of credit overextension among
servicemembers.
    (d) Implementation.--
            (1) Selection of military installations.--The
        Undersecretary shall choose at least 10 military installations
        on which to implement the pilot program.
            (2) Incorporation into operating agreements.--With respect
        to a military installation chosen by the Undersecretary under
        paragraph (1), a financial institution seeking to begin
        operating on such installation, or seeking to renew an
        agreement to operate on such installation, shall--
                    (A) agree to offer the consumer financial products
                developed under this section; and
                    (B) notify servicemembers that are customers of the
                institution about the availability of the consumer
                financial products developed under this section.
    (e) Consultation.--In developing consumer financial products under
this section, the Undersecretary shall consult with Federal banking
regulators with expertise in depository institutions, Federal agencies
with experience regulating financial products, and consumer and
military service organizations with relevant financial expertise.
    (f) Independent Evaluation.--
            (1) In general.--Not later than the end of the 2-year
        period beginning on the date of the enactment of this Act, and
        annually thereafter until the end of the pilot program, the
        Undersecretary shall contract for an independent evaluation of
        the pilot program carried out under this section. Such
        evaluation--
                    (A) shall include the degree to which the pilot
                program succeeded in the goals of increasing usage of
                savings products, programs, and tools; and
                    (B) shall be conducted by a contractor with
                knowledge of consumer financial products and experience
                in the evaluation of such products.
            (2) Report.--After each evaluation carried out pursuant to
        paragraph (1), the Undersecretary shall issue a report to the
        Committees on Armed Services and Financial Services of the
        House of Representatives and the Committees on Armed Services
        and Banking, Housing, and Urban Affairs of the Senate
        containing all findings and conclusions made by the contractor
        in carrying out such evaluation.
    (g) Expansion of Pilot Program.--Notwithstanding subsection (a),
the Undersecretary may expand the pilot program, including extending
the duration of the program and expanding the program to make it a
nationwide program, to the extent determined appropriate by the
Undersecretary, if the Undersecretary determines that such expansion is
expected to--
            (1) improve the rates of savings among servicemembers and
        their families; or
            (2) decrease the need for servicemembers and their families
        to rely on payday lenders without exacerbating credit
        overextension.
    (h) Financial Institution Defined.--For purposes of this section,
the term ``financial institution'' means an insured depository
institution (as defined under section 3(c)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)(2))) or a credit union.

Summary: Military Savings Act of 2012 - Directs the Undersecretary of Defense (Comptroller) to carry out a five-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. Requires the program to be carried out in such a way that it does not exacerbate the incidence of servicemember credit overextension. Directs the Undersecretary to choose at least 10 military installations at which to implement the program. Directs the Undersecretary to contract for an annual independent program evaluation until its termination. Allows the Undersecretary, under certain conditions, to expand the program to a nationwide program and to extend its duration.

To direct the Undersecretary of Defense (Comptroller) to carry out a pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Creating Opportunities for Rural
Economic Expansion Act'' or the ``CORE Act''.

SEC. 2. ADDITIONAL NEW MARKETS TAX CREDIT FOR DISTRESSED COAL
              COMMUNITIES.

    (a) In General.--Section 45D(f) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
            ``(4) Set aside of portion of limitation for distressed
        coal communities.--
                    ``(A) In general.--For any calendar year after
                2016, not less than 5 percent of the new markets tax
                credit limitation shall be allocated to qualified
                community development entities in connection with
                qualified investments the proceeds of which are
                substantially used to make qualified coal community
                investments.
                    ``(B) Qualified coal community investment.--For
                purposes of this paragraph--
                            ``(i) In general.--The term `qualified coal
                        community investment' means--
                                    ``(I) any capital or equity
                                investment in, or loan to, any
                                qualified active distressed coal
                                community business,
                                    ``(II) the purchase from another
                                community development entity of any
                                loan made by such entity which is a
                                qualified coal community investment,
                                    ``(III) financial counseling and
                                other services specified in regulations
                                prescribed by the Secretary to
                                businesses located in, and residents
                                of, distressed coal communities, and
                                    ``(IV) any equity investment in, or
                                loan to, any qualified community
                                development entity in connection with
                                qualified investments the proceeds of
                                which are substantially used to make
                                qualified coal community investments.
                            ``(ii) Qualified active distressed coal
                        community business.--The term `qualified active
                        coal community business' means any business
                        which would be a qualified active low-income
                        community business if paragraphs (2) and (3) of
                        subsection (d) were applied by substituting
                        `distressed coal community' for `low-income
                        community' each place it appears.
                            ``(iii) Distressed coal community.--
                                    ``(I) In general.--The term
                                `distressed coal community' means any
                                low-income community which is located
                                in a county which--
                                            ``(aa) was one of the 30
                                        counties with the biggest
                                        employment decrease among coal
                                        operators (as determined under
                                        reports issued by the Mine
                                        Safety and Health
                                        Administration) for an
                                        applicable period, or
                                            ``(bb) is contiguous to a
                                        county which--

                                                    ``(AA) is described
                                                in item (aa) and is
                                                within the same State
                                                as such county, and

                                                    ``(BB) contains not
                                                less than 1 low-income
                                                community.

                                    ``(II) Applicable periods.--For
                                purposes of subclause (I)(aa), the term
                                `applicable period' means any of the
                                following periods:
                                            ``(aa) Calendar year 2013
                                        compared to calendar year 2012.
                                            ``(bb) Calendar year 2014
                                        compared to calendar year 2013.
                                            ``(cc) Calendar year 2015
                                        compared to calendar year 2014.
                    ``(C) Limitation of allocation of set aside.--
                            ``(i) In general.--In allocating the
                        portion of the new markets tax credit
                        limitation to which subparagraph (A) applies,
                        the Secretary shall ensure that, with respect
                        to any eligible State, not less than the
                        minimum percentage of such limitation is
                        allocated to qualified community development
                        entities making qualified coal community
                        investments in such eligible State.
                            ``(ii) Minimum percentage.--For purposes of
                        clause (i), the minimum percentage for any
                        eligible State is the percentage equal to 80
                        percent of the ratio of--
                                    ``(I) the qualified coal operator
                                employment decrease in such State, to
                                    ``(II) the total qualified coal
                                operator employment decrease in all
                                eligible States.
                            ``(iii) Qualified coal operator employment
                        decrease.--For purposes of clause (ii), the
                        term `qualified coal operator employment
                        decrease' means, with respect to any eligible
                        State, the aggregate amount of employment
                        decrease among coal operators for all counties
                        in such State--
                                    ``(I) in which there is a low-
                                income community, and
                                    ``(II) which are taken into account
                                under item (aa) of subparagraph
                                (B)(iii)(I).
                            ``(iv) Eligible state.--For purposes of
                        this subparagraph, the term `eligible State'
                        means any State in which there is a distressed
                        coal community.
                    ``(D) Application of carryover.--Paragraph (3)
                shall be applied separately with respect to amounts
                described in subparagraph (A).''.
    (b) Application of Recapture Rules.--Section 45D(g)(3)(B) of the
Internal Revenue Code of 1986 is amended by inserting ``(or, in the
case of an investment described in subsection (f)(4), as required under
such subsection)'' after ``(b)(1)(B)''.

Summary: Creating Opportunities for Rural Economic Expansion Act or the CORE Act This bill amends the Internal Revenue Code to require at least 5 of the new markets tax credit limitation to be allocated to community development entities in connection with certain investments, financial counseling, and other services in distressed coal communities. A quot, distressed coal communityquot. Is any low-income community located in a county that: (1) was one of the 30 counties with the biggest employment decrease among coal operators over a specified time period. Or (2) is contiguous to a county that has the required decrease in employment, is located in the same state, and contains at least one low-income community.

CORE Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worker Rights and Labor Standards
Trade Act of 1994''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) International trade, when fair and open, can serve as
        an important factor in the economic well-being of nations; but
        the maintenance of a fair and open world trading system
        requires the enhancement and active enforcement of national and
        international trade agreements and laws by all trading nations.
            (2) As the productivity of our trading partners that are
        developing countries has risen, the ability of many of these
        countries to export goods cheaply to the United States has been
        based, in part, upon the violation of internationally
        recognized worker rights.
            (3) The exploitation of workers is an unacceptable means
        for any country, whether developed or developing, or industry
        to gain competitive advantage in international trade.
            (4) Exports to the United States from countries which fail
        to respect internationally recognized worker rights undermine
        living and working standards in both those countries as well as
        the United States, because international corporations can play
        workers in one country off against those in another with
        respect to wages and work standards in order to minimize costs.
            (5) At various times in the 20th century, international
        agreements and United States policy have explicitly stated that
        fundamental worker rights and fair labor standards are
        necessary to the workings of a fair international trading
        system.
            (6) The United States and over 160 other member nations of
        the International Labor Organization are legally obligated to
        ``endeavor to secure and maintain fair and humane conditions of
        labor for men, women, and children, both in their own countries
        and in all countries to which their commercial and industrial
        nations extend''.
            (7) For decades, United States trade negotiators, whether
        serving in Democratic or Republican administrations, have
        initiated discussions to no avail with ranking officials of the
        GATT and the International Labor Organization concerning the
        demonstrable relationship of fundamental worker rights and fair
        labor standards to prior rounds of multilateral trade
        negotiations.
            (8) The right of all workers to certain fundamental rights
        is affirmed in the following international agreements to which
        the United States is a party:
                    (A) The United Nations Charter, which states in
                Article 55 that ``the United Nations shall promote
                higher standards of living, full employment, and
                conditions of economic and social progress and
                development,''.
                    (B) The United Nations Universal Declaration of
                Human Rights, which states in Article 23 that
                ``Everyone has the right to work, to free choice of
                employment, to just and favorable conditions of work
                and to protection against unemployment . . . `and that'
                Everyone who works has the right to just and favorable
                remuneration ensuring for himself and his family an
                existence worthy of human dignity.''.
                    (C) The United Nations International Covenant on
                Civil and Political Rights, which states in Article 8
                that ``No one shall be required to perform forced or
                compulsory labor.''.
                    (D) The Revised Charter of the Organization of
                American States, which states in Article 31 that
                ``Member States agree to dedicate every effort to
                achieve the following basic goals . . . Fair wages,
                employment opportunities, and acceptable working
                conditions for all.''.
                    (E) The General Agreement on Tariffs and Trade
                which--
                            (i) provides in the preamble that relations
                        among countries ``in the field of trade and
                        economic endeavor should be conducted with a
                        view to raising standards of living and
                        ensuring full employment,'';
                            (ii) allows, under Article XX, any country
                        to take action against products of prison
                        labor; and
                            (iii) incorporates by reference Article 7
                        of Chapter II of the Havana Charter which
                        states that ``the members recognize that
                        measures relating to employment must take fully
                        into account the rights of workers under
                        intergovernmental declarations, conventions,
                        and agreements. The members recognize that all
                        countries have a common interest in the
                        achievement and maintenance of fair labor
                        standards related to productivity, and thus in
                        the improvement of wages and working conditions
                        as productivity may permit. The members
                        recognize that unfair labor conditions,
                        particularly in production for export, create
                        difficulties in international trade, and
                        accordingly, each member shall take whatever
                        action may be appropriate and feasible to
                        eliminate such conditions within its
                        territory.''.
            (9) The adherence of the United States to the principles
        referred to in paragraph (5) is reflected in--
                    (A) the provisions of the Tariff Act of 1930 that
                prohibit the importation of goods produced by forced
                labor,
                    (B) the provisions of title V of the Trade Act of
                1974 (relating to the Generalized System of
                Preferences) that--
                            (i) define internationally recognized
                        worker rights as the right to association, the
                        right to organize and bargain collectively, the
                        prohibition of the use of any form of forced or
                        compulsory labor, a minimum age for the
                        employment of children, and acceptable
                        conditions of work with respect to minimum
                        wages, hours of work, and occupational safety
                        and health; and
                            (ii) prohibit the extension of trade
                        preferences to any developing country that
                        ``has not or is not taking steps to afford
                        internationally recognized worker rights to its
                        workers''; and
                    (C) the provisions of section 231A of the Foreign
                Assistance Act of 1961, which allow the Overseas
                Private Investment Corporation to insure, reinsure,
                guarantee, or finance a project only if the country in
                which the project is to be undertaken ``is taking steps
                to adopt and implement laws that extend internationally
                recognized worker rights . . . to workers in that
                country.''.
            (10) Little, if any, progress has been made ``to adopt, as
        a principle of the GATT, that the denial of worker rights
        should not be a means for a country or its industries to gain
        competitive advantage in international trade'', pursuant to
        section 1101(b)(14) of the Omnibus Trade and Competitiveness
        Act of 1988.

SEC. 3. ESTABLISHMENT OF WORKING PARTY ON WORKER RIGHTS.

    (a) Action by the President.--The President shall seek the
establishment in the GATT of a working party to examine the
relationship of fundamental internationally recognized worker rights to
the articles, objectives, and related instruments of the GATT,
particularly the preamble, Article XXIX, and Article XX.
    (b) Objectives of Working Group.--The objectives of the working
group described in subsection (a) would be to--
            (1) explore ways in which to link the conduct of
        international trade to respect for fundamental internationally
        recognized worker rights;
            (2) examine the economic impact of competition that is
        based upon trade distortions that are attributable to the
        systematic denial of fundamental internationally recognized
        worker rights;
            (3) consider and develop information on the incidence and
        effects of systematic, trade-distorting worker rights practices
        and ways to address such practices; and
            (4) establish that it is unjustifiable for any country or
        any of its industries to seek to gain competitive advantage in
        international trade through the systematic denial of
        fundamental internationally recognized worker rights.

SEC. 4. ESTABLISHMENT OF STANDING COMMITTEE ON WORKER RIGHTS WITHIN THE
              WORLD TRADE ORGANIZATION.

    The President shall seek the establishment in the World Trade
Organization, when such organization becomes effective, a standing
committee to carry out the functions of the working group described in
section 3.

SEC. 5. DEFINITIONS.

    As used in this Act:
            (1) The term ``fundamental internationally recognized
        worker rights'' means ``internationally recognized worker
        rights'' as defined in section 502(a)(4) of the Trade Act of
        1974.
            (2) GATT.--The term ``GATT'' means the General Agreement on
        Tariffs and Trade.

Summary: Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT. And (2) a standing committee within the World Trade Organization to perform the functions of the working group.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Privacy and National
Security Enhancement Act''.

SEC. 2. ESTABLISHMENT.

    There is hereby established a commission to be known as the
``Presidential Commission on Financial Privacy and National Security''
(hereafter in this Act referred to as the ``Commission'').

SEC. 3. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall conduct an ongoing study of
the practices in the financial service industry for protecting the
privacy of consumer financial information, the manner and extent to
which such practices are regulated by financial service regulators, and
ways to improve and strengthen financial information privacy while
preserving effective financial information flow for national security.
    (b) Specific Questions.--In conducting the study, the Commission
shall address and seek comments on the following issues:
            (1) In what manner and to what extent would the existence
        of State financial privacy laws or other restrictions on the
        free flow of financial information impair or hinder the ability
        of the Federal Government to investigate money laundering or
        fraud, including identity theft?
            (2) Is the information already being distributed to the
        consumers concerning the privacy of consumer financial
        information readily understandable and is it a benefit to the
        consumer?
            (3) What is the cost, to a financial institution and
        ultimately to each consumer, of mailing or otherwise
        distributing privacy notices to each consumer in accordance
        with applicable law.
            (4) What financial information privacy concerns are not
        addressed by title V of the Gramm-Leach-Bliley Act and other
        laws and regulations implementing such title?
            (5) To what extent is there a uniform agreement among
        financial regulators on what constitutes financial privacy and
        what processes are utilized to review developments and
        technological changes in the delivery of financial services
        that may affect financial privacy?
            (6) What would be the potential impact on consumers if
        there were a variety of requirements with respect to financial
        privacy in effect under the laws of the several States and how
        would the existence of such a variety of requirements cost the
        financial services industry?

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11
members :
            (1) The Chairman of the Securities and Exchange Commission,
        or a Commissioner of the Securities and Exchange Commission
        designated by the Chairman.
            (2) The Chairman of the Board of Governors of the Federal
        Reserve System, or a member of such Board designated by the
        Chairman.
            (3) The Secretary of the Treasury, or an officer of the
        Department of the Treasury designated by the Secretary.
            (4) The Attorney General, or an officer of the Department
        of Justice designated by the Attorney General.
            (5) A State insurance commissioner appointed by the
        President after consulting with the National Association of
        Insurance Commissioners.
            (6) The Speaker of the House of Representatives, or a
        designee of the Speaker.
            (7) The minority leader of the House of Representatives, or
        a designee of the minority leader.
            (8) The majority leader of the Senate, or a designee of the
        majority leader.
            (9) The minority leader of the Senate, or a designee of the
        minority leader.
            (10) 2 members appointed by the President from among
        individuals who are especially well qualified to serve by
        virtue of their education, training, and experience in the
        financial services industry.
    (b) Continuation of Membership.--If a member was appointed to the
Commission as a Member of Congress or by virtue of such member's
position in the House of Representatives, the Senate, or a Federal
agency and the member ceases to be a Member of Congress or to serve in
any such position that member may continue as a member for not longer
than the 30-day period beginning on the date that member ceases to be a
Member of Congress or serve in such position.
    (c) Terms.--
            (1) In general.--Each member shall be appointed for the
        life of the Commission.
            (2) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term. A member may serve after the
        expiration of that member's term until a successor has taken
        office.
    (d) Vacancy.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
    (e) No Pay.--Members shall serve without pay.
    (f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
    (g) Quorum.--A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
    (h) Chairperson.--The Chairperson of the Commission shall be
elected by the members from the membership of the Commission.
    (i) Meetings.--
            (1) In general.--The Commission shall meet at least once
        each calendar quarter at the call of the Chairperson or a
        majority of the members.
            (2) Open meetings required.--Section 552b of title 5,
        United States Code, shall apply.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission may, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Commission. The Director shall be paid at a rate not
to exceed $140,000 per year.
    (b) Staff.--The Commission may appoint and fix the pay of such
additional personnel as the Commission considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of $140,000
per year.
    (d) Experts and Consultants.--Subject to regulations prescribed by
the Commission, the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.

SEC. 7. REPORT.

    The Commission shall transmit a final report to the President and
the Congress not later than March 31, 2005. The final report shall
contain a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such legislative or
administrative actions as the Commission considers appropriate.

SEC. 8. TERMINATION.

    The Commission shall terminate 30 days after submitting its final
report pursuant to section 7.

SEC. 9. MORATORIUM ON STATE FINANCIAL PRIVACY LAWS.

    (a) In General.--During the period beginning on the date of the
enactment of this Act and ending on the date the Commission terminates
under section 8, no requirement or prohibition may be imposed under the
laws of any State, including laws relating to the business of
insurance, concerning the use or disclosure by a financial institution
of information relating to a consumer that has obtained a financial
product or service from the financial institution.
    (b) Exception.--Subsection (a) shall not apply State insurance laws
or regulations referred to in section 505(a)(6) of the Gramm-Leach-
Bliley Act.

Summary: Financial Privacy and National Security Enhancement Act - Establishes the Presidential Commission on Financial Privacy and National Security to study and report to Congress on financial service industry practices for protecting the privacy of consumer financial information, the manner and extent to which such practices are regulated by financial service regulators, and ways to improve and strengthen financial information privacy while preserving effective financial information flow for national security. Imposes a moratorium on State financial privacy laws during the period the Commission is performing its duties.

To establish a Presidential commission to strengthen and improve financial privacy and national security.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bias Crimes Compensation Act of
1993''.

SEC. 2. CIVIL RIGHTS.

    (a) Findings.--The Congress finds that--
            (1) bias-motivated crimes of violence constitute crimes in
        violation of the victim's right to be free from discrimination
        on the basis of actual or perceived race, color, gender,
        religion, national origin, ethnicity, sexual orientation, or
        physical or mental disability;
            (2) State and Federal criminal laws do not adequately
        protect against the bias element of bias-motivated crimes of
        violence, which separates these crimes from acts of random
        violence, nor do those laws adequately provide victims of bias-
        motivated crimes of violence the opportunity to vindicate their
        interests;
            (3) existing bias and discrimination in the criminal
        justice system often deprive victims of bias-motivated crimes
        of violence of equal protection of the laws and the redress to
        which they are entitled;
            (4) bias-motivated crimes of violence have a substantial
        adverse effect on interstate commerce, by deterring potential
        victims from traveling interstate, from engaging in employment
        in interstate business, and from transacting with business, and
        in places involved, in interstate commerce;
            (5) bias-motivated crimes of violence have a substantial
        adverse effect on interstate commerce, by diminishing national
        productivity, increasing medical and other costs, and
        decreasing the supply of and the demand for interstate
        products;
            (6) a Federal civil rights claim, as created in this
        section, is necessary to guarantee equal protection of the laws
        and to reduce the substantial adverse effects of bias-motivated
        crimes of violence on interstate commerce; and
            (7) victims of bias-motivated crimes of violence have a
        right to equal protection of the laws, including a system of
        justice that is unaffected by bias or discrimination and that,
        at every relevant stage, treats such crimes as seriously as
        other violent crimes.
    (b) Right.--All individuals within the United States, and the
special maritime and territorial jurisdiction of the United States,
shall have the right to be free from bias-motivated crimes of violence.
    (c) Claim.--Any person, including a person who acts under color of
any statute, ordinance, regulation, custom, or usage of any State, who
deprives an individual of the right secured by subsection (b) shall be
liable to the individual injured, in a civil action in any court of
competent jurisdiction, for compensatory damages of not less than
$100,000, punitive damages, injunctive relief, declaratory relief, or
any combination thereof.
    (d) Limitation, Procedure, and Rule of Construction.--
            (1) Limitation.--Nothing in this section entitles an
        individual to a claim under subsection (c) for random acts of
        violence unrelated to bias or for acts that cannot be
        demonstrated, by a preponderance of the evidence, to be bias-
        motivated crimes of violence.
            (2) No prior criminal action.--Nothing in this section
        requires a prior criminal complaint, prosecution, or conviction
        to establish the necessary elements of a claim under subsection
        (c).
            (3) Concurrent jurisdiction.--The Federal and State courts
        shall have concurrent jurisdiction over actions brought
        pursuant to this section.
            (4) Rule of construction.--Neither section 1367 of title 28
        of the United States Code nor subsection (c) of this section
        shall be construed, by reason of a claim arising under such
        subsection, to confer on the courts of the United States
        supplemental jurisdiction of any State law claim seeking the
        establishment of a divorce, alimony, equitable distribution of
        marital property, or child custody decree.
    (e) Definitions.--For purposes of this section--
            (1) the term ``bias-motivated'' means committed because of,
        on the basis of, and due to (at least in part) an animus based
        on, actual or perceived race, color, gender, religion, national
        origin, ethnicity, sexual orientation, or physical or mental
        disability of the victim;
            (2) the term ``crime of violence'' means--
                    (A) an act or series of acts that would constitute
                State or Federal offense of a kind described in section
                16 of title 18, United States Code, and punishable by a
                maximum term of imprisonment exceeding one year, but
                excludes an offense against property that presents no
                serious risk of physical or mental disability injury to
                an individual; or
                    (B) one or more actions that would constitute such
                offense but for the relationship between the person who
                takes such actions and the individual against whom such
                actions are taken;
        whether or not such offense or such actions result in criminal
        charges, prosecution, or conviction and whether or not such
        actions were taken within the United States or the special
        maritime and territorial jurisdiction of the United States;
            (3) the term ``disability'' has the meaning given it in
        section 3(2) of the Americans With Disabilities Act of 1990 (42
        U.S.C. 12102(2)); and
            (4) the term ``special maritime and territorial
        jurisdiction of the United States'' has the meaning given such
        term in section 7 of title 18, United States Code.
    (f) Limitation on Removal.--Section 1445 of title 28, United States
Code, is amended by adding at the end the following:
    ``(d) A civil action in any State court arising under section 2 of
the Bias Crimes Compensation Act of 1993 may not be removed to any
district court of the United States.''.
    (g) Authority To Award Attorney's Fee.--Section 722(b) of the
Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by
inserting ``section 2 of the Bias Crimes Compensation Act of 1993,''
after ``Public Law 92-318,''.

Summary: Bias Crimes Compensation Act of 1993 - States that all US individuals shall have the right to be free from bias-motivated crimes of violence . Creates a Federal civil rights claim against anyone who deprives an individual of such right, with compensatory and punitive damages, and injunctive or declaratory relief. Provides limitations, procedures, and rules of construction, including the limitation that random acts of violence, as opposed to bias-motivated acts, shall not be a basis for such a claim.

Bias Crimes Compensation Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sports Agent Responsibility and
Trust Act''.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Agency contract.--The term ``agency contract'' means an
        oral or written agreement in which a student athlete authorizes
        a person to negotiate or solicit on behalf of the student
        athlete a professional sports contract or an endorsement
        contract.
            (2) Athlete agent.--The term ``athlete agent'' means an
        individual who enters into an agency contract with a student
        athlete, or directly or indirectly recruits or solicits a
        student athlete to enter into an agency contract, and does not
        include a spouse, parent, sibling, grandparent, or guardian of
        such student athlete, or an individual acting solely on behalf
        of a professional sports team or professional sports
        organization.
            (3) Athletic director.--The term ``athletic director''
        means an individual responsible for administering the athletic
        program of an educational institution or, in the case that such
        program is administered separately, the athletic program for
        male students or the athletic program for female students, as
        appropriate.
            (4) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (5) Endorsement contract.--The term ``endorsement
        contract'' means an agreement under which a student athlete is
        employed or receives consideration for the use by the other
        party of that individual's person, name, image, or likeness in
        the promotion of any product, service, or event.
            (6) Intercollegiate sport.--The term ``intercollegiate
        sport'' means a sport played at the collegiate level for which
        eligibility requirements for participation by a student athlete
        are established by a national association for the promotion or
        regulation of college athletics.
            (7) Professional sports contract.--The term ``professional
        sports contract'' means an agreement under which an individual
        is employed, or agrees to render services, as a player on a
        professional sports team, with a professional sports
        organization, or as a professional athlete.
            (8) State.--The term ``State'' includes a State of the
        United States, the District of Columbia, Puerto Rico, the
        United States Virgin Islands, or any territory or insular
        possession subject to the jurisdiction of the United States.
            (9) Student athlete.--The term ``student athlete'' means an
        individual who engages in, is eligible to engage in, or may be
        eligible in the future to engage in, any intercollegiate sport.
        An individual who is permanently ineligible to participate in a
        particular intercollegiate sport is not a student athlete for
        purposes of that sport.

SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
              CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND
              A STUDENT ATHLETE.

    (a) Conduct Prohibited.--It is unlawful for an athlete agent to--
            (1) directly or indirectly recruit or solicit a student
        athlete to enter into an agency contract, by--
                    (A) giving any false or misleading information or
                making a false promise or representation; or
                    (B) providing anything of value to a student
                athlete or anyone associated with the student athlete
                before the student athlete enters into an agency
                contract;
            (2) enter into an agency contract with a student athlete
        without providing the student athlete with the disclosure
        document described in subsection (b); or
            (3) predate or postdate an agency contract.
    (b) Required Disclosure by Athlete Agents to Student Athletes.--
            (1) In general.-- In conjunction with the entering into of
        an agency contract, an athlete agent shall provide to the
        student athlete, or, if the student athlete is under the age of
        18 to such student athlete's parent or legal guardian, a
        disclosure document that meets the requirements of this
        subsection. Such disclosure document is separate from and in
        addition to any disclosure which may be required under State
        law.
            (2) Signature of student athlete.--The disclosure document
        must be signed by the student athlete, or, if the student
        athlete is under the age of 18 by such student athlete's parent
        or legal guardian, prior to entering into the agency contract.
            (3) Required language.--The disclosure document must
        contain, in close proximity to the signature of the student
        athlete, or, if the student athlete is under the age of 18, the
        signature of such student athlete's parent or legal guardian, a
        conspicuous notice in boldface type stating: ``Warning to
        Student Athlete: If you agree orally or in writing to be
        represented by an agent now or in the future you may lose your
        eligibility to compete as a student athlete in your sport.
        Within 72 hours after entering into this contract or before the
        next athletic event in which you are eligible to participate,
        whichever occurs first, both you and the agent by whom you are
        agreeing to be represented must notify the athletic director of
        the educational institution at which you are enrolled, or other
        individual responsible for athletic programs at such
        educational institution, that you have entered into an agency
        contract.''.

SEC. 4. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--A violation of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Actions by the Commission.--The Commission shall enforce this
Act in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.

SEC. 5. ACTIONS BY STATES.

    (a) In General.--
            (1) Civil actions.--In any case in which the attorney
        general of a State has reason to believe that an interest of
        the residents of that State has been or is threatened or
        adversely affected by the engagement of any athlete agent in a
        practice that violates section 3 of this Act, the State may
        bring a civil action on behalf of the residents of the State in
        a district court of the United States of appropriate
        jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with this Act;
                    (C) obtain damage, restitution, or other
                compensation on behalf of residents of the State; or
                    (D) obtain such other relief as the court may
                consider to be appropriate.
            (2) Notice.--
                    (A) In general.--Before filing an action under
                paragraph (1), the attorney general of the State
                involved shall provide to the Commission--
                            (i) written notice of that action; and
                            (ii) a copy of the complaint for that
                        action.
                    (B) Exemption.--Subparagraph (A) shall not apply
                with respect to the filing of an action by an attorney
                general of a State under this subsection, if the
                attorney general determines that it is not feasible to
                provide the notice described in that subparagraph
                before filing of the action. In such case, the attorney
                general of a State shall provide notice and a copy of
                the complaint to the Commission at the same time as the
                attorney general files the action.
    (b) Intervention.--
            (1) In general.--On receiving notice under subsection
        (a)(2), the Commission shall have the right to intervene in the
        action that is the subject of the notice.
            (2) Effect of intervention.--If the Commission intervenes
        in an action under subsection (a), it shall have the right--
                    (A) to be heard with respect to any matter that
                arises in that action; and
                    (B) to file a petition for appeal.
    (c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this title shall
be construed to prevent an attorney general of a State from exercising
the powers conferred on the attorney general by the laws of that State
to--
            (1) conduct investigations;
            (2) administer oaths or affirmations; or
            (3) compel the attendance of witnesses or the production of
        documentary and other evidence.
    (d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for a violation of section
3, no State may, during the pendency of that action, institute an
action under subsection (a) against any defendant named in the
complaint in that action--
    (e) Venue.--Any action brought under subsection (a) may be brought
in the district court of the United States that meets applicable
requirements relating to venue under section 1391 of title 28, United
States Code.
    (f) Service of Process.--In an action brought under subsection (a),
process may be served in any district in which the defendant--
            (1) is an inhabitant; or
            (2) may be found.

SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION.

    (a) Notice Required.--Within 72 hours after entering into an agency
contract or before the next athletic event in which the student athlete
may participate, whichever occurs first, the athlete agent and the
student athlete shall each inform the athletic director of the
educational institution at which the student athlete is enrolled, or
other individual responsible for athletic programs at such educational
institution, that the student athlete has entered into an agency
contract, and the athlete agent shall provide the athletic director
with notice in writing of such a contract.
    (b) Civil Remedy.--
            (1) In general.--An educational institution has a right of
        action against an athlete agent for damages caused by a
        violation of this Act.
            (2) Damages.--Damages of an educational institution may
        include losses and expenses incurred because, as a result of
        the conduct of the athlete agent, the educational institution
        was injured by a violation of this Act or was penalized,
        disqualified, or suspended from participation in athletics by a
        national association for the promotion and regulation of
        athletics, by an athletic conference, or by reasonable self-
        imposed disciplinary action taken to mitigate actions likely to
        be imposed by such an association or conference.
            (3) Costs and attorneys fees.--In an action taken under
        this section, the court may award to the prevailing party costs
        and reasonable attorneys fees.
            (4) Effect on other rights, remedies and defenses.--This
        section does not restrict the rights, remedies, or defenses of
        any person under law or equity.

SEC. 7. SENSE OF CONGRESS.

    It is the sense of Congress that States should enact the Uniform
Athlete Agents Act of 2000 drafted by the National Conference of
Commissioners on Uniform State Laws, to protect student athletes and
the integrity of amateur sports from unscrupulous sports agents. In
particular, it is the sense of Congress that States should enact the
provisions relating to the registration of sports agents, the required
form of contract, the right of the student athlete to cancel an agency
contract, the disclosure requirements relating to record maintenance,
reporting, renewal, notice, warning, and security, and the provisions
for reciprocity among the States.

Summary: Sports Agent Responsibility and Trust Act - Prohibits an agent from: (1) directly or indirectly recruiting or soliciting a student athlete to enter into an agency contract by giving false or misleading information or making a false promise or representation or by providing anything of value to the athlete before entering into such a contract. (2) entering into an agency contract with a student athlete without providing the required disclosure document. Or (3) predating or postdating an agency contract. Requires an agent, in conjunction with the signing of an agency contract, to provide to the athlete a separate disclosure document that includes notice that if the athlete signs the contract he or she may lose eligibility to compete as a student athlete in that sport. Requires the student athlete to sign such document before signing the agency contract. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes civil actions by State attorneys general under specified circumstances. Requires the agent and the athlete, within 72 hours after entering into an agency contract or before the next athletic event in which the athlete may participate, whichever occurs first, to provide notice to the educational institution that the athlete has entered into an agency contract. Grants an educational institution a right of action against an agent for damages caused by such agent's failure to provide such notice. Expresses the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws to protect student athletes and the integrity of amateur sports from unscrupulous sports agents.

To designate certain conduct by sports agents relating to the signing of contracts with student athletes as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Climate Change Drinking Water
Adaptation Research Act.''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the consensus among climate scientists is overwhelming
        that climate change is occurring more rapidly than can be
        attributed to natural causes, and that significant impacts to
        the water supply are already occurring;
            (2) among the first and most critical of those impacts will
        be change to patterns of precipitation around the world, which
        will affect water availability for the most basic drinking
        water and domestic water needs of populations in many areas of
        the United States;
            (3) drinking water utilities throughout the United States,
        as well as those in Europe, Australia, and Asia, are concerned
        that extended changes in precipitation will lead to extended
        droughts;
            (4) supplying water is highly energy-intensive and will
        become more so as climate change forces more utilities to turn
        to alternative supplies;
            (5) energy production consumes a significant percentage of
        the fresh water resources of the United States;
            (6) since 2003, the drinking water industry of the United
        States has sponsored, through a nonprofit water research
        foundation, various studies to assess the impacts of climate
        change on drinking water supplies;
            (7) those studies demonstrate the need for a comprehensive
        program of research into the full range of impacts on drinking
        water utilities, including impacts on water supplies,
        facilities, and customers;
            (8) that nonprofit water research foundation is also
        coordinating internationally with other drinking water
        utilities on shared research projects and has hosted
        international workshops with counterpart European and Asian
        water research organizations to develop a unified research
        agenda for applied research on adaptive strategies to address
        climate change impacts;
            (9) research data in existence as of the date of enactment
        of this Act--
                    (A) summarize the best available scientific
                evidence on climate change;
                    (B) identify the implications of climate change for
                the water cycle and the availability and quality of
                water resources; and
                    (C) provide general guidance on planning and
                adaptation strategies for water utilities; and
            (10) given uncertainties about specific climate changes in
        particular areas, drinking water utilities need to prepare for
        a wider range of likely possibilities in managing and delivery
        of water.

SEC. 3. RESEARCH ON THE EFFECTS OF CLIMATE CHANGE ON DRINKING WATER
              UTILITIES.

    (a) In General.--The Administrator of the Environmental Protection
Agency, in cooperation with the Secretary of Commerce, the Secretary of
Energy, and the Secretary of the Interior, shall establish and provide
funding for a program of directed and applied research, to be conducted
through a nonprofit water research foundation and sponsored by drinking
water utilities, to assist suppliers of drinking water in adapting to
the effects of climate change.
    (b) Research Areas.--The research conducted in accordance with
subsection (a) shall include research into--
            (1) water quality impacts and solutions, including
        research--
                    (A) to address probable impacts on raw water
                quality resulting from--
                            (i) erosion and turbidity from extreme
                        precipitation events;
                            (ii) watershed vegetation changes; and
                            (iii) increasing ranges of pathogens,
                        algae, and nuisance organisms resulting from
                        warmer temperatures; and
                    (B) on mitigating increasing damage to watersheds
                and water quality by evaluating extreme events, such as
                wildfires and hurricanes, to learn and develop
                management approaches to mitigate--
                            (i) permanent watershed damage;
                            (ii) quality and yield impacts on source
                        waters; and
                            (iii) increased costs of water treatment;
            (2) impacts on groundwater supplies from carbon
        sequestration, including research to evaluate potential water
        quality consequences of carbon sequestration in various
        regional aquifers, soil conditions, and mineral deposits;
            (3) water quantity impacts and solutions, including
        research--
                    (A) to evaluate climate change impacts on water
                resources throughout hydrological basins of the United
                States;
                    (B) to improve the accuracy and resolution of
                climate change models at a regional level;
                    (C) to identify and explore options for increasing
                conjunctive use of aboveground and underground storage
                of water; and
                    (D) to optimize operation of existing and new
                reservoirs in diminished and erratic periods of
                precipitation and runoff;
            (4) infrastructure impacts and solutions for water
        treatment facilities and underground pipelines, including
        research--
                    (A) to evaluate and mitigate the impacts of sea
                level rise on--
                            (i) near-shore facilities;
                            (ii) soil drying and subsidence; and
                            (iii) reduced flows in water and wastewater
                        pipelines; and
                    (B) on ways of increasing the resilience of
                existing infrastructure and development of new design
                standards for future infrastructure;
            (5) desalination, water reuse, and alternative supply
        technologies, including research--
                    (A) to improve and optimize existing membrane
                technologies, and to identify and develop breakthrough
                technologies, to enable the use of seawater, brackish
                groundwater, treated wastewater, and other impaired
                sources;
                    (B) into new sources of water through more cost-
                effective water treatment practices in recycling and
                desalination; and
                    (C) to improve technologies for use in--
                            (i) managing and minimizing the volume of
                        desalination and reuse concentrate streams; and
                            (ii) minimizing the environmental impacts
                        of seawater intake at desalination facilities;
            (6) energy efficiency and greenhouse gas minimization,
        including research--
                    (A) on optimizing the energy efficiency of water
                supply and improving water efficiency in energy
                production; and
                    (B) to identify and develop renewable, carbon-
                neutral energy options for the water supply industry;
            (7) regional and hydrological basin cooperative water
        management solutions, including research into--
                    (A) institutional mechanisms for greater regional
                cooperation and use of water exchanges, banking, and
                transfers; and
                    (B) the economic benefits of sharing risks of
                shortage across wider areas;
            (8) utility management, decision support systems, and water
        management models, including research--
                    (A) into improved decision support systems and
                modeling tools for use by water utility managers to
                assist with increased water supply uncertainty and
                adaptation strategies posed by climate change;
                    (B) to provide financial tools, including new rate
                structures, to manage financial resources and
                investments, because increased conservation practices
                may diminish revenue and increase investments in
                infrastructure; and
                    (C) to develop improved systems and models for use
                in evaluating--
                            (i) successful alternative methods for
                        conservation and demand management; and
                            (ii) climate change impacts on groundwater
                        resources;
            (9) reducing greenhouse gas emissions and energy demand
        management, including research to improve energy efficiency in
        water collection, production, transmission, treatment,
        distribution, and disposal to provide more sustainability and
        means to assist drinking water utilities in reducing the
        production of greenhouse gas emissions in the collection,
        production, transmission, treatment, distribution, and disposal
        of drinking water;
            (10) water conservation and demand management, including
        research--
                    (A) to develop strategic approaches to water demand
                management that offer the lowest-cost,
                noninfrastructural options to serve growing populations
                or manage declining supplies, primarily through--
                            (i) efficiencies in water use and
                        reallocation of the saved water;
                            (ii) demand management tools;
                            (iii) economic incentives; and
                            (iv) water-saving technologies; and
                    (B) into efficiencies in water management through
                integrated water resource management that
                incorporates--
                            (i) supply-side and demand-side processes;
                            (ii) continuous adaptive management; and
                            (iii) the inclusion of stakeholders in
                        decisionmaking processes; and
            (11) communications, education, and public acceptance,
        including research--
                    (A) into improved strategies and approaches for
                communicating with customers, decisionmakers, and other
                stakeholders about the implications of climate change
                on water supply; and
                    (B) to develop effective communication approaches
                to gain--
                            (i) public acceptance of alternative water
                        supplies and new policies and practices,
                        including conservation and demand management;
                        and
                            (ii) public recognition and acceptance of
                        increased costs.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2009 through 2019.

Summary: Climate Change Drinking Water Adaptation Research Act - Requires the Administrator of the Environmental Protection Agency (EPA) to establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit water research foundation and sponsored by drinking water utilities, to assist suppliers of drinking water in adapting to the effects of climate change. Requires research areas to include: (1) water quality and quantity impacts and solutions, (2) impacts on groundwater supplies from carbon sequestration, (3) infrastructure impacts and solutions, (4) desalination, water reuse, and alternative supply technologies, (5) energy efficiency and greenhouse gas minimization, (6) regional and hydrological basin cooperative water management solutions, (7) utilities management, decision support systems, and water management models, (8) greenhouse gas emissions reduction and energy demand management, (9) water conservation and demand management, and (10) communications, education, and public acceptance.

To enhance the ability of drinking water utilities in the United States to develop and implement climate change adaptation programs and policies, and for other purposes.