Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chronic Wasting Disease State
Support Act of 2002''.

SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE.

    In this Act, the term ``chronic wasting disease'' means the animal
disease afflicting deer and elk that--
            (1) is a transmissible disease of the nervous system
        resulting in distinctive lesions in the brain; and
            (2) belongs to the group of diseases known as transmissible
        spongiform encephalopathies, which group includes scrapie,
        bovine spongiform encephalopathy, and Cruetzfeldt-Jakob
        disease.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Pursuant to State and Federal law, the States retain
        undisputed primacy and policy-making authority with regard to
        wildlife management, and nothing in this Act interferes with or
        otherwise affects the primacy of the States in managing
        wildlife generally, or managing, surveying, and monitoring the
        incidence of chronic wasting disease.
            (2) Chronic wasting disease, the fatal neurological disease
        found in cervids, is a fundamental threat to the health and
        vibrancy of deer and elk populations, and the increased
        occurrence of chronic wasting disease in regionally diverse
        locations in recent months necessitates an escalation in
        research, surveillance, monitoring, and management activities
        focused on containing, managing, and eradicating this lethal
        disease.
            (3) As the States move to manage existing incidence of
        chronic wasting disease and insulate non-infected wild and
        captive cervid populations from the disease, the Federal
        Government should endeavor to provide integrated and holistic
        financial and technical support to these States.
            (4) In its statutory role as supporting agent, relevant
        Federal agencies should provide consistent, coherent, and
        integrated support structures and programs for the benefit of
        State wildlife and agricultural administrators, as chronic
        wasting disease can move freely between captive and wild
        cervids across the broad array of Federal, State, and local
        land management jurisdictions.
            (5) The Secretary of the Interior, the Secretary of
        Agriculture, and other affected Federal authorities can provide
        consistent, coherent, and integrated support systems under
        existing legal authorities.

             TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES

SEC. 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID
              POPULATIONS.

    (a) Modeling Program Required.--The Secretary of the Interior shall
establish a modeling program to predict the spread of chronic wasting
disease in wild deer and elk in the United States.
    (b) Role.--Computer modeling shall be used to identify areas of
potential disease concentration and future outbreak and shall be made
available for the purposes of targeting public and private chronic
wasting disease control efforts.
    (c) Data Integration.--Information shall be displayed in a GIS
format to support management use of modeling results, and shall be
displayed integrated with the following:
            (1) Land use data.
            (2) Soils data.
            (3) Elevation data.
            (4) Environmental conditions data.
            (5) Wildlife data.
            (6) Other data as appropriate.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $1,000,000 under this
section.

SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
              CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK.

    (a) Program Development.--Using existing authorities, the Secretary
of the Interior, acting through the United States Geological Survey,
shall conduct a surveillance and monitoring program on Federal lands
managed by the Secretary to identify--
            (1) the incidence of chronic wasting disease infection in
        wild herds of deer and elk;
            (2) the cause and extent of the spread of the disease; and
            (3) potential reservoirs of infection and vectors promoting
        the spread of the disease.
    (b) Tribal Assistance.--In developing the surveillance and
monitoring program for wild herds on Federal lands, the Secretary of
the Interior shall provide assistance to tribal governments or tribal
government entities responsible for managing and controlling chronic
wasting disease in wildlife on tribal lands.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $3,000,000 to establish
and support the surveillance and monitoring program.

             TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES

SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING
              DISEASE.

    (a) Information Repository.--The United States Department of
Agriculture, using existing authorities, shall develop and maintain an
interactive, Internet-based web site that displays--
            (1) surveillance and monitoring program data regarding
        chronic wasting disease in both wild and captive cervid
        populations and other wildlife that are collected by the
        Department of Agriculture, the Department of the Interior,
        other Federal agencies, and State agencies assisted under this
        Act;
            (2) modeling information regarding the spread of chronic
        wasting disease in the United States; and
            (3) other relevant information regarding chronic wasting
        disease received from other sources.
    (b) Information Sharing Policy.--The national repository shall be
available as a resource for Federal and State agencies responsible for
managing and controlling chronic wasting disease and for institutions
of higher education and other public or private research entities
conducting research regarding chronic wasting disease. Data from the
repository shall be made available to other Federal agencies, State
agencies and the general public upon request.

SEC. 202. SAMPLING AND TESTING PROTOCOLS.

    (a) Sampling Protocol.--Within 30 days of enactment of this Act,
the Secretary of Agriculture shall release guidelines for the use by
Federal, State, tribal and local agencies for the collection of animal
tissue to be tested for chronic wasting disease. Guidelines shall
include, at a minimum, procedures for the collection and stabilization
of tissue samples for transport for laboratory assessment. Such
guidelines shall be updated as necessary.
    (b) Testing Protocol.--Within 30 days of enactment of this Act, the
Secretary of Agriculture shall release a protocol to be used in the
laboratory assessment of samples of animal tissue that may be
contaminated with chronic wasting disease.
    (c) Laboratory Certification.--Within 45 days of enactment of this
Act, the Secretary of Agriculture shall develop a program for the
inspection and certification of Federal and non-Federal laboratories
conducting chronic wasting disease tests.
    (d) Development of New Tests.--The Secretary of Agriculture shall
accelerate research into the development of live animal tests for
chronic wasting disease, including field diagnostic tests, and the
development of testing protocols that reduce laboratory test processing
time.

SEC. 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND
              ELK.

    (a) Captive Herd Program Development.--The Secretary of
Agriculture, acting through the Animal and Plant Health Inspection
Service, shall develop a program to identify the rate of chronic
wasting disease infection in captive herds of deer and elk, the cause
and extent of the spread of the disease, and potential reservoirs of
infection and vectors promoting the spread of the disease.
            (1) Implementation.--The Secretary of Agriculture shall
        provide financial and technical assistance to States and tribal
        governments to implement surveillance and monitoring program
        for captive herds.
            (2) Cooperation.--In developing the surveillance and
        monitoring program for captive herds, the Secretary of
        Agriculture shall cooperate with State agencies responsible for
        managing and controlling chronic wasting disease in captive
        wildlife. Grantees under this section shall submit to the
        Secretary of Agriculture a plan for monitoring chronic wasting
        disease in captive wildlife and reducing the risk of disease
        spread through captive wildlife transport. As a condition of
        awarding aid under this section, the Secretary of Agriculture
        may prohibit or restrict the--
                    (A) movement in interstate commerce of any animal,
                article, or means of conveyance if the Secretary
                determines that the prohibition or restriction is
                necessary to prevent the introduction or dissemination
                of chronic wasting disease; and
                    (B) use of any means of conveyance or facility in
                connection with the movement in interstate commerce of
                any animal or article if the Secretary determines that
                the prohibition or restriction is necessary to prevent
                the introduction or dissemination of chronic wasting
                disease.
            (3) Coordination.--The Secretary of Agriculture, in
        cooperation with the Secretary of the Interior, shall establish
        uniform standards for the collection and assessment of samples
        and data derived from the surveillance and monitoring program.
    (b) Wild Herd Program.--The Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, shall,
consistent with existing authority, assist States in reducing the
incidence of chronic wasting disease infection in wild herds of deer
and elk.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $2,000,000 to conduct
activities under this section.

SEC. 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.

    (a) Purpose.--Diagnostic testing will continue to be conducted on
samples collected under the surveillance and monitoring programs
regarding chronic wasting disease conducted by the States and the
Federal Government, including the programs required by this Act, but
current laboratory capacity is inadequate to process the anticipated
sample load.
    (b) Upgrading of Federal Facilities.--The Secretary of Agriculture
shall provide for the upgrading of Federal laboratories to facilitate
the timely processing of samples from the surveillance and monitoring
programs required by this Act and related epidemiological investigation
in response to the results of such processing.
    (c) Upgrading of Certified Laboratories.--Using the grant authority
provided under section 2(d) of the Competitive, Special and Facilities
Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture
shall make grants to provide for the upgrading of laboratories
certified by the Secretary to facilitate the timely processing of
samples from surveillance and monitoring programs and related
epidemiological investigation in response to the results of such
processing.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $7,500,000 to carry out
this section.

SEC. 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.

    (a) Expansion.--The Secretary of Agriculture, acting through the
Agricultural Research Service, shall expand and accelerate basic
research on chronic wasting disease, including research regarding
detection of chronic wasting disease, genetic resistance, tissue
studies, and environmental studies.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $1,000,000 to carry out
this section.

SEC. 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND
              EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION.

    (a) Research Efforts.--The Secretary of Agriculture, acting through
the Cooperative State Research, Education and Extension Service, shall
expand the grant program regarding research on chronic wasting disease.
    (b) Educational Efforts.--The Secretary of Agriculture shall
provide educational outreach regarding chronic wasting disease to the
general public, industry and conservation organizations, hunters, and
interested scientific and regulatory communities.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture--
            (1) $3,000,000 to carry out subsection (a); and
            (2) $1,000,000 to carry out subsection (b).

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INTERAGENCY COORDINATION.

    (a) In General.--Within 60 days of enactment after the date of
enactment of this Act, the Secretary of Agriculture and the Secretary
of the Interior, shall enter into a cooperative agreement for the
purpose of coordinating actions and disbursing funds authorized under
section 302 of this title to prevent the spread of chronic wasting
disease and related diseases in the United States.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretaries shall submit to Congress a report that--
            (1) describes actions that are being taken, and will be
        taken, to prevent the further outbreak of chronic wasting
        disease and related diseases in the United States; and
            (2) contains any additional recommendations for additional
        legislative and regulatory actions that should be taken to
        prevent the spread of chronic wasting disease in the United
        States.

SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE
              CHRONIC WASTING DISEASE IN WILDLIFE.

    (a) Availability of Assistance.--As a condition of the cooperative
agreement described in section 301, the Secretary of Agriculture and
the Secretary of the Interior shall develop a grant program to allocate
funds appropriated to carry out this section directly to the State
agency responsible for wildlife management in each State that petitions
the Secretary for a portion of such fund to develop and implement long
term management strategies to address chronic wasting disease in
wildlife.
    (b) Funding Priorities.--In determining the amounts to be allocated
to grantees under subsection (a), priority shall be given based on the
following criteria:
            (1) Relative scope of incidence of chronic wasting disease
        in the State, with priority given to those jurisdictions with
        the highest incidence of the disease.
            (2) Expenditures on chronic wasting disease management,
        monitoring, surveillance, and research, with priority given to
        those States and tribal governments that have shown the
        greatest financial commitment to managing, monitoring,
        surveying, and researching chronic wasting disease.
            (3) Comprehensive and integrated policies and programs
        focused on chronic wasting disease management between involved
        State wildlife and agricultural agencies and tribal
        governments, with priority given to grantees that have
        integrated the programs and policies of all involved agencies
        related to chronic wasting disease management.
            (4) Rapid response to new outbreaks of chronic wasting
        disease, whether occurring in States in which chronic wasting
        disease is already found or States with first infections, with
        the intent of containing the disease in any new area of
        infection.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this subsection.

SEC. 303. RULEMAKING.

    (a) Joint Rulemaking.--To ensure that the surveillance and
monitoring programs and research programs required by this Act are
compatible and that information collection is carried out in a manner
suitable for inclusion in the national database required by section
201, the Secretary of the Interior and the Secretary of Agriculture
shall jointly promulgate rules to implement this Act.
    (b) Procedure.--The promulgation of the rules shall be made without
regard to--
            (1) chapter 35 of title 44, United States Code 13 (commonly
        know as the ``Paperwork Reduction Act'');
            (2) the Statement of Policy of the Secretary of Agriculture
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to
        notices of proposed rulemaking and public participation in
        rulemaking; and
            (3) the notice and comment provisions of section 553 of
        title 5, United States Code.
    (c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of the Interior and the Secretary of
Agriculture shall use the authority provided under section 808 of title
5, United States Code.
    (d) Relation to Other Rulemaking and Law.--The requirement for
joint rulemaking shall not be construed to require any delay in the
promulgation by the Secretary of Agriculture of rules regarding the
interstate transportation of captive deer or elk or to effect any other
rule or public law implemented by the Secretary of Agriculture or the
Secretary of the Interior regarding chronic wasting disease before the
date of the enactment of this Act.

Output: Chronic Wasting Disease State Support Act of 2002 - Defines "chronic wasting disease" as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease.Directs the Secretary of the Interior (through the U.S. Geological Survey) to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information.Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples; (2) a protocol to be used in the assessment of samples in the laboratory; and (3) a program for the inspection of laboratories conducting chronic wasting disease tests.Directs the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop a program to identify: (1) the rate of infection in captive herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs.; and (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program.Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Equity and Access under the
Law for Immigrant Women and Families Act of 2014'' or as the ``HEAL
Immigrant Women and Families Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Insurance coverage reduces harmful health disparities
        by alleviating cost barriers to and increasing utilization of
        basic preventive health services, especially among low-income
        and underserved populations, and especially among women.
            (2) Based solely on their immigration status, many
        immigrants and their families face legal restrictions on their
        ability to obtain health insurance coverage through Medicaid,
        CHIP, and Health Insurance Exchanges.
            (3) Lack of health insurance contributes to persistent
        disparities in the prevention, diagnosis, and treatment of
        negative health outcomes borne by immigrants and their
        families.
            (4) Immigrant women are disproportionately of reproductive
        age, low-income, and lacking health insurance coverage. Legal
        barriers to affordable health insurance coverage therefore
        particularly exacerbate their risk of negative sexual,
        reproductive, and maternal health outcomes, with lasting health
        and economic consequences for immigrant women, their families,
        and society as a whole.
            (5) Denying coverage or imposing waiting periods for
        coverage unfairly hinders the ability of immigrants to take
        responsibility for their own health and economic well-being and
        that of their families. To fully and productively participate
        in society, access to health care is fundamental, which for
        women includes access to the services necessary to plan whether
        and when to have a child.
            (6) The population of immigrant families in the United
        States is expected to continue to grow. Indeed one in five
        children in the United States is part of an immigrant family.
        It is therefore in the nation's shared public health and
        economic interest to remove legal barriers to affordable health
        insurance coverage based on immigration status.

SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT
              INDIVIDUALS.

    (a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42
U.S.C. 1396b(v)(4)) is amended--
            (1) by amending subparagraph (A) to read as follows:
    ``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996, payment shall be made under this section for care and services
that are furnished to aliens, including those described in paragraph
(1), if they otherwise meet the eligibility requirements for medical
assistance under the State plan approved under this title (other than
the requirement of the receipt of aid or assistance under title IV,
supplemental security income benefits under title XVI, or a State
supplementary payment), and are lawfully present in the United
States.'';
            (2) in subparagraph (B)--
                    (A) by striking ``a State that has elected to
                provide medical assistance to a category of aliens
                under subparagraph (A)'' and inserting ``aliens
                provided medical assistance pursuant to subparagraph
                (A)''; and
                    (B) by striking ``to such category'' and inserting
                ``to such alien''; and
            (3) in subparagraph (C)--
                    (A) by striking ``an election by the State under
                subparagraph (A)'' and inserting ``the application of
                subparagraph (A)'';
                    (B) by inserting ``or be lawfully present'' after
                ``lawfully reside''; and
                    (C) by inserting ``or present'' after ``lawfully
                residing'' each place it appears.
    (b) CHIP.--Subparagraph (J) of section 2107(e)(1) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows:
                    ``(J) Paragraph (4) of section 1903(v) (relating to
                lawfully present individuals).''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on the date
        of the enactment of this Act and shall apply to services
        furnished on or after the date that is 90 days after such date
        of the enactment.
            (2) Exception if state legislation required.--In the case
        of a State plan for medical assistance under title XIX, or a
        State child health plan under title XXI, of the Social Security
        Act which the Secretary of Health and Human Services determines
        requires State legislation (other than legislation
        appropriating funds) in order for the plan to meet the
        additional requirements imposed by the amendments made by this
        section, the respective State plan shall not be regarded as
        failing to comply with the requirements of such title solely on
        the basis of its failure to meet these additional requirements
        before the first day of the first calendar quarter beginning
        after the close of the first regular session of the State
        legislature that begins after the date of the enactment of this
        Act. For purposes of the previous sentence, in the case of a
        State that has a 2-year legislative session, each year of such
        session shall be deemed to be a separate regular session of the
        State legislature.

SEC. 4. REMOVING BARRIERS TO HEALTH COVERAGE FOR INDIVIDUALS GRANTED
              DEFERRED ACTION FOR CHILDHOOD ARRIVALS.

    (a) In General.--For the purposes of eligibility under any of the
provisions referred to in subsection (b), individuals granted deferred
action under the Deferred Action for Childhood Arrivals process of the
Department of Homeland Security, as described in the memorandum of the
Secretary of Homeland Security on June 15, 2012, shall be considered
lawfully present in the United States.
    (b) Provisions Described.--The provisions described in this
subsection are the following:
            (1) Exchange eligibility.--Section 1311 of the Patient
        Protection and Affordable Care Act (42 U.S.C. 18031).
            (2) Reduced cost-sharing eligibility.--Section 1402 of the
        Patient Protection and Affordable Care Act (42 U.S.C. 18071).
            (3) Premium subsidy eligibility.--Section 36B of the
        Internal Revenue Code of 1986.
            (4) Medicaid and chip eligibility.--Titles XIX and XXI of
        the Social Security Act, including under section 1903(v) of
        such Act (42 U.S.C. 1396b(v)).
    (c) Effective Date.--
            (1) In general.--Subsection (a) shall take effect on the
        date of the enactment of this Act.
            (2) Transition through special enrollment period.--In the
        case of an individual described in subsection (a) who, before
        the first day of the first annual open enrollment period under
        subparagraph (B) of section 1311(c)(6) of the Patient
        Protection and Affordable Care Act (42 U.S.C. 18031(c)(6))
        beginning after the date of the enactment of this Act, is
        granted deferred action described in subsection (a) and who, as
        a result of such subsection, qualifies for a subsidy described
        in paragraph (2) or (3) of such subsection, the Secretary of
        Health and Human Services shall establish a special enrollment
        period under section 1311(c)(6)(C) of such Act during which
        such individual may enroll in qualified health plans through
        Exchanges under title I of such Act and qualify for such a
        subsidy. For such an individual who has been granted deferred
        action as of the date of the enactment of this Act, such
        special enrollment period shall begin not later than 90 days
        after such date of enactment. Nothing in this paragraph shall
        be construed as affecting the authority of the Secretary to
        establish additional special enrollment periods under section
        1311(c)(6)(C) of the Patient Protection and Affordable Care Act
        (42 U.S.C. 18031(c)(6)(C)).

Output: Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 or the HEAL Immigrant Women and Families Act of 2014 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States.  Makes individuals granted deferred action under the Deferred Action for Childhood Arrivals process eligible for: (1) health care exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act, (2) premium subsidies under the Internal Revenue Code, and (3) Medicaid and CHIP.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Security Council
Sanctions Enforcement Act''.

SEC. 2. COUNTRIES VIOLATING UNITED NATIONS SANCTIONS.

    (a) Determination.--
            (1) Imposition of sanctions.--If the President determines
        that the government of any foreign country is materially
        violating United Nations sanctions, the President shall impose
        the sanctions described in subsection (b) with respect to that
        country so long as such violation continues, except as
        otherwise provided in subsection (c)(2) and subsection (d).
            (2) Publication of determination.--Any determination under
        this subsection shall be published in the Federal Register.
    (b) Sanctions.--The sanctions to be imposed with respect to a
country pursuant to subsection (a) are as follows:
            (1) Foreign assistance.--The United States Government shall
        terminate assistance to that country under the Foreign
        Assistance Act of 1961, except for assistance involving the
        provision of food and other humanitarian assistance.
            (2) Military assistance.--The United States Government
        shall terminate all foreign military financing for that country
        under the Arms Export Control Act.
            (3) Arms sales.--The United States Government shall
        terminate--
                    (A) sales to that country under the Arms Export
                Control Act of any defense article, defense service, or
                design and construction service, and
                    (B) licenses for the export to that country of any
                item on the United States Munitions List.
            (4) Multilateral assistance.--The United States Government
        shall oppose the extension by any international financial
        institution of any loan or other financial or technical
        assistance to that country, except for assistance directed
        specifically to programs which serve the basic human needs of
        the people of that country.
            (5) Financial assistance.--The United States Government
        shall deny to that country any credit, credit guarantee, or
        other financial assistance by any department, agency, or
        instrumentality of the Government, except that this paragraph
        does not apply to--
                    (A) food or other humanitarian assistance, or
                    (B) any transaction subject to the reporting
                requirements of title V of the National Security Act of
                1947 (relating to congressional oversight of
                intelligence activities).
            (6) Commercial credit.--The United States Government shall
        prohibit any United States depository institution (as defined
        in section 19(b) of the Federal Reserve Act) from making any
        loan or providing any credit to the government of that country,
        except for loans or credits for the purpose of purchasing food
        or other humanitarian items.
            (7) Exports.--The United States Government shall prohibit
        exports to that country of such goods and technology as the
        President may specify, except that--
                    (A) section 6(g) of the Export Administration Act
                of 1979 applies with respect to export controls
                pursuant to this paragraph, and
                    (B) any prohibition under this paragraph shall not
                apply with respect to any transaction subject to the
                reporting requirements of title V of the National
                Security Act of 1947 (relating to congressional
                oversight of intelligence activities).
            (8) Imports.--The United States Government shall prohibit
        the entry into the customs territory of the United States of
        such articles as the President may specify that are growth,
        product, or manufacture of that country.
    (c) Consultation With and Actions by Foreign Government.--
            (1) Consultations.--If the President makes a determination
        described in subsection (a) with respect to the government of a
        foreign country, the Congress urges the President to initiate
        consultations immediately with that government to encourage it
        to comply with the United Nations sanctions with respect to
        which that determination was made.
            (2) Actions by a foreign government.--In order to pursue
        such consultations, the President may delay imposition of
        sanctions pursuant to this section for up to 30 days. Following
        these consultations, the President shall impose sanctions
        unless the President determines and certifies to the Congress
        that that government has taken specific and effective actions
        to comply with the United Nations sanctions with respect to
        which the President made the determination under subsection
        (a). If the President determines and certifies to the Congress
        that that government is in the process of taking such actions,
        the President may delay the imposition of sanctions for up to
        an additional 30 days.
            (3) Report to congress.--Not later than 30 days after
        making a determination with respect to the government of a
        foreign country under subsection (a), the President shall
        submit to the Congress a report on the status of consultations
        pursuant to this subsection and on the basis for any
        determination under paragraph (2) of this subsection that such
        government has taken specific corrective actions.
    (d) Waiver.--A sanction which is required to be imposed against a
country under subsection (b) shall not apply if the President
determines and certifies to the Congress that the application of that
sanction against such country would have a serious adverse effect on
vital United States interests. The President shall transmit with such
certification a statement setting forth the specific reasons for the
President's determination.

SEC. 3. PERSONS VIOLATING UNITED NATIONS SANCTIONS.

    (a) Determination.--
            (1) Imposition of sanctions.--If the President determines
        that a person is materially violating United Nations sanctions,
        the President shall impose the sanctions described in
        subsection (c) on each sanctioned person for a period of 2
        years, except as otherwise provided in subsection (d)(2) and
        subsection (e).
            (2) Publication of determination.--Any determination under
        this subsection shall be published in the Federal Register.
    (b) Advisory Opinions.--Upon the request of any person, the
President may issue a written advisory opinion to that person as to
whether a proposed activity by that person would subject that person to
sanctions under this section. Any person who relies in good faith on
such an advisory opinion which states that the proposed activity would
not subject a person to such sanctions, and any person who thereafter
engages in such activity, shall not be made subject to such sanctions
solely on account of such activity.
    (c) Sanctions.--
            (1) In general.--The sanctions to be imposed pursuant to
        subsection (a) are as follows:
                    (A) The United States Government shall not procure,
                or enter into any contract for the procurement of, any
                goods or services from a sanctioned person.
                    (B) The United States Government shall not issue
                any license for any export by or to a sanctioned
                person.
                    (C) The United States Government shall prohibit the
                entry into the customs territory of the United States
                of all articles that are growth, product, or
                manufacture of a sanctioned person.
            (2) Exceptions.--The President shall not be required to
        apply or maintain sanctions under this section with respect to
        the following:
                    (A) Procurement or importation of defense articles
                or defense services--
                            (i) if the procurement or importation is
                        under an existing contract or subcontract,
                        including the exercise of options for
                        production quantities to satisfy requirements
                        essential to the national security of the
                        United States;
                            (ii) if the President determines that the
                        sanctioned person is a sole source supplier of
                        such articles or services, that such articles
                        or services are essential, and that alternative
                        sources are not readily or reasonably
                        available; or
                            (iii) if the President determines that such
                        articles or services are essential to the
                        national security under defense coproduction
                        agreements.
                    (B) Procurement or importation of spare parts or
                component parts (but not finished products) which are
                essential to United States products or production.
                    (C) Procurement of routine servicing and
                maintenance of products, to the extent that alternative
                sources are not readily or reasonably available.
                    (D) Procurement of, or importation of articles
                containing, information and technology essential to
                United States products or production.
                    (E) Procurement, exports, or imports of products or
                services provided under contracts entered into before
                the date on which the President's determination is
                published in the Federal Register pursuant to
                subsection (a)(2).
                    (F) Procurement, exports, or imports of food or
                other humanitarian items.
    (d) Consultation With and Actions by Foreign Government of
Jurisdiction.--
            (1) Consultations.--If the President makes a determination
        described in subsection (a) with respect to a foreign person,
        the Congress urges the President to initiate consultations
        immediately with the government with primary jurisdiction over
        that foreign person with respect to the imposition of sanctions
        pursuant to this section.
            (2) Actions by government of jurisdiction.--In order to
        pursue such consultations with that government, the President
        may delay imposition of sanctions pursuant to this section for
        up to 90 days. Following these consultations, the President
        shall impose sanctions unless the President determines and
        certifies to the Congress that that government has taken
        specific and effective actions, including appropriate
        penalties, to terminate the involvement of the foreign person
        in the violations described in subsection (a). If the President
        determines and certifies to the Congress that that government
        is in the process of taking such actions, the President may
        delay the imposition of sanctions for up to an additional 90
        days.
            (3) Report to congress.--Not later than 90 days after
        making a determination under subsection (a), the President
        shall submit to the Congress a report on the status of
        consultations with the appropriate government under this
        subsection and on the basis for any determination under
        paragraph (2) of this subsection that such government has taken
        specific corrective actions.
    (e) Waiver.--
            (1) Criterion for waiver.--After the end of the 12-month
        period beginning on the date on which a sanction is imposed on
        a sanctioned person under this section, the President may waive
        the application of that sanction with respect to that person if
        the President determines and certifies to the Congress that the
        continued imposition of that sanction with respect to that
        person would have a serious adverse effect on vital United
        States interests.
            (2) Notification of and report to congress.--If the
        President decides to exercise the waiver authority provided in
        paragraph (1), the President shall so notify the Congress not
        less than 30 days before the waiver takes effect. Such
        notification shall include a report fully articulating the
        rationale and circumstances which led the President to exercise
        the waiver authority.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Sanctioned person.--The term ``sanctioned person''
        means--
                    (A) the person with respect to which the President
                makes the determination described in section 3(a);
                    (B) any successor entity to that person;
                    (C) any person that is a parent or subsidiary of
                that person if that parent or subsidiary materially and
                with requisite knowledge assisted in the activities
                which were the basis of that determination; and
                    (D) any person that is an affiliate of that person
                if that affiliate materially and with requisite
                knowledge assisted in the activities which were the
                basis of that determination and if that affiliate is
                controlled in fact by that person.
            (2) United nations sanctions.--The term ``United Nations
        sanctions'' means measures that members of the United Nations
        have been called upon to apply by the United Nations Security
        Council, acting under article 41 of the Charter of the United
        Nations, in order to enforce decisions of the Security Council.
            (3) Violating united nations sanctions.--The term
        ``violating United Nations sanctions''--
                    (A) in the case of the government of a foreign
                country, means failing to apply measures called for by
                the United Nations Security Council; and
                    (B) in the case of person, means engaging in
                activities that are prohibited under United Nations
                sanctions, without regard to whether the foreign
                government with primary jurisdiction over those
                activities has applied the measures called for by the
                United Nations Security Council.

SEC. 5. EFFECTIVE DATE.

    This Act applies with respect to violations of United Nations
sanctions that occur on or after the date of enactment of this Act.

Output:
United Nations Security Council Sanctions Enforcement Act - Requires the President, if he determines that the government of any foreign country is materially violating United Nations sanctions, to: (1) terminate U.S. foreign assistance to the country, except for food or humanitarian assistance; (2) terminate foreign military financing, sales of defense articles or services, and issuance of licenses for exports of items on the United States Munitions List with respect to the country; (3) oppose international financial institution lending for the country, except assistance to serve basic human needs; (4) deny the country U.S. Government or commercial credit or other financial assistance, with exceptions; (5) prohibit exports of specified goods and technology to the country, with exceptions; and (6) prohibit imports of such country into the United States.
Authorizes the President to delay sanctions upon certification to the Congress that a country is taking actions to comply with United Nations sanctions.  Provides for waivers of sanctions if a sanction would have an adverse effect on U.S. interests.
Requires the President, if he determines that a person is materially violating United Nations sanctions, to prohibit:  (1) procurement of goods and services from such person; (2) the issuance of an export license by or to a sanctioned person; and (3) the entry into U.S. customs territory of articles that are the growth, product, or manufacture of a sanctioned person.  Exempts the procurement or importation of specified defense articles or services, spare or component parts, essential articles, or humanitarian items from sanctions.  Authorizes the President to delay or waive sanctions against a foreign person under the same conditions that apply to foreign countries.
Includes within the definition of a "sanctioned person" any successor entity to the person or any affiliate, parent, or subsidiary if they assisted in activities which were the basis of determination under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Oil-for-Food
Accountability Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Allegations have been raised of substantial fraud and
        corruption in the administration of the Office of the Iraq Oil-
        for-Food Program of the United Nations.
            (2) The United Nations received 2.2 percent of the proceeds
        of the sale of the oil exported from Iraq under the oil-for-
        food program, representing approximately $1,400,000,000, to
        fund the administrative costs of the program.
            (3) The General Accounting Office estimates that during the
        period from 1997 through 2002, the former Iraqi regime received
        $10,100,000,000 in illegal revenues from the oil-for-food
        program, including $5,700,000,000 received from oil smuggled
        out of Iraq and $4,400,000,000 received from surcharges on oil
        sales and illicit commissions from suppliers exporting goods to
        Iraq.
            (4) Any illicit activity by United Nations officials,
        personnel, agents, or contractors, including entities that have
        entered into contracts under the oil-for-food program, is
        unacceptable and should be thoroughly investigated.
            (5) Documents in the files of the former Oil Ministry of
        Iraq indicate that Benon Sevan, the Executive Director of the
        oil-for-food program, and other senior United Nations officials
        may have been connected to an illicit scheme in which
        approximately 270 prominent foreign officials, business people,
        and political entities received the right to trade in Iraqi oil
        at below-market prices.
            (6) On April 21, 2004, the United Nations Security Council
        adopted Resolution 1538, which established a high-level inquiry
        into allegations regarding the administration of the oil-for-
        food program. The inquiry will be led by Paul Volcker, but the
        investigators will not have subpoena power.
            (7) The ability and credibility of the United Nations
        Security Council to act in matters of war and peace is
        threatened by the alleged influence of politically connected
        individuals, companies, and institutions of the permanent
        member states who received Iraqi oil contracts.
            (8) The ability and credibility of the United Nations to
        convey legitimacy to the new Government of Iraq and assist in
        the reconstruction of postwar Iraq is hampered by these
        allegations of United Nations corruption and mismanagement in
        the oil-for-food program.

SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED.

    In this Act, the term ``oil-for-food program'' means the program
established and administered pursuant to United Nations Security
Council Resolution 986 (April 14, 1995) and subsequent United Nations
resolutions to permit the sale of petroleum products exported from Iraq
and to use the revenue generated from such sale for humanitarian
assistance.

SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS
              REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION
              OF UNITED NATIONS COOPERATION.

    (a) Withholding of Portion of Assessed Contributions.--Until the
President submits to Congress a certification that satisfies the
requirements described in subsection (b), amounts shall be withheld
from amounts appropriated for contributions to international
organizations as follows:
            (1) Of the funds appropriated for contributions to
        international organizations in an Act making appropriations for
        fiscal year 2005, 10 percent of the amount available for United
        States assessed contributions to the regular budget of the
        United Nations for such fiscal year.
            (2) Of the funds appropriated for contributions to
        international organizations in an Act making appropriations for
        fiscal year 2006, 20 percent of the amount available for United
        States assessed contributions to the regular budget of the
        United Nations for such fiscal year.
    (b) Certification.--The certification referred to in subsection (a)
is a certification made by the President to Congress that--
            (1) the United Nations has in effect procedures that
        provide the General Accounting Office access to all documents
        relating to the oil-for-food program so that the Comptroller
        General may perform nationally mandated reviews of United
        Nations operations;
            (2) the United Nations Secretary General has formally
        confirmed that the United Nations will not assert the
        inviolability of United Nations papers and internal records
        that concern the oil-for-food program or a sanction imposed on
        Iraq related to the oil-for-food program;
            (3) the United Nations Secretary General has authorized the
        release to the law enforcement authorities of any member state
        of the United Nations authentic copies of any document in the
        possession of the United Nations, including any document in the
        possession of a person who was engaged on a contract basis to
        provide goods or services to the United Nations, that in the
        judgment of the requesting authority directly or indirectly
        concerns the oil-for-food program or a sanction imposed on Iraq
        related to the oil-for-food program upon request by such law
        enforcement authority;
            (4) the United Nations has waived any immunity enjoyed by
        any United Nations official from the judicial process in the
        United States for any civil or criminal acts or omissions under
        Federal or State law that may have transpired within the
        jurisdiction of the United States in connection with the oil-
        for-food program; and
            (5) any United Nations official who benefitted financially
        from the oil-for-food program has reimbursed the Government of
        Iraq and any other entity affected by the illicit activity of
        such official the full amount that such official improperly
        received from the oil-for-food program.

Output: United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.


Input:
SECTION 1. SHORT TITLE; ETC.

    (a) Short Title.--This Act may be cited as the ``Estate Tax
Elimination Act of 2001''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. REPEAL OF ESTATE, GIFT, AND GENERATION-SKIPPING TAXES.

    (a) In General.--Subtitle B is hereby repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall apply
to the estates of decedents dying, and gifts and generation-skipping
transfers made, after the date of the enactment of this Act.

SEC. 3. PRESERVATION OF STEP UP IN BASIS OF CERTAIN PROPERTY ACQUIRED
              FROM A DECEDENT.

    (a) In General.--Subsection (a) of section 1014 (relating to basis
of property acquired from a decedent) is amended to read as follows:
    ``(a) Step up in Basis.--
            ``(1) In general.--Except as otherwise provided in this
        section, the basis of property in the hands of a person
        acquiring the property from a decedent or to whom the property
        passed from a decedent shall, if not sold, exchanged, or
        otherwise disposed of before the decedent's death by such
        person, be the fair market value of the property at the date of
        the decedent's death.
            ``(2) Limitation.--The aggregate fair market value of
        property which may be taken into account under paragraph (1)
        shall not exceed the sum of--
                    ``(A) the aggregate basis of all property described
                in paragraph (1) in the hands of the decedent, plus
                    ``(B) $2,800,000.
            ``(3) Allocation of amount.--The executor shall allocate
        the limitation under paragraph (2)(B) to the extent the
        aggregate fair market value exceeds the aggregate basis under
        paragraph (2).
            ``(4) Inflation adjustment of excepted amounts.--In the
        case of decedents dying in a calendar year after 2001, the
        dollar amount in paragraph (2)(B) shall be increased by an
        amount equal to the product of--
                    ``(A) such dollar amount, and
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for such calendar year,
                determined by substituting `2000' for `1992' in
                subparagraph (B) thereof.
        If any increase determined under the preceding sentence is not
        a multiple of $10,000, such increase shall be rounded to the
        nearest multiple of $10,000.''.
    (b) Regulations.--Section 1014 is amended by adding at the end the
following new subsection:
    ``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
    (c) Conforming Amendments.--
            (1) Adjustment to basis.--Subsection (a) of section 1016
        (relating to adjustments to basis) is amended by striking
        ``and'' at the end of paragraph (26), by striking the period at
        the end of paragraph (27) and inserting ``, and'', and by
        adding at the end the following:
            ``(28) to the extent provided in section 1014 (relating to
        step up in basis of certain property acquired from a
        decedent).''.
            (2) The heading for section 1014 is amended by striking
        ``basis of property'' and inserting ``step up in basis of
        certain property''.
            (3) The item relating to section 1014 in the table of
        sections for part II of subchapter O of chapter 1 is amended by
        striking ``Basis of property'' and inserting ``Step up in basis
        of certain property''.
    (d) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying after the date of the enactment
of this Act.

SEC. 4. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A DECEDENT.

    (a) General Rule.--Part II of subchapter O of chapter 1 (relating
to basis rules of general application) is amended by inserting after
section 1021 the following new section:

``SEC. 1022. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A
              DECEDENT.

    ``(a) Carryover Basis.--Except as otherwise provided in this
section, the basis of carryover basis property in the hands of a person
acquiring such property from a decedent shall be determined under
section 1015.
    ``(b) Carryover Basis Property Defined.--
            ``(1) In general.--For purposes of this section, the term
        `carryover basis property' means any property--
                    ``(A) which is acquired from or passed from a
                decedent who died after the date of the enactment of
                this section, and
                    ``(B) which is not excluded pursuant to paragraph
                (2).
        The property taken into account under subparagraph (A) shall be
        determined under section 1014(b) without regard to subparagraph
        (A) of the last sentence of paragraph (9) thereof.
            ``(2) Certain property not carryover basis property.--The
        term `carryover basis property' does not include--
                    ``(A) any item of gross income in respect of a
                decedent described in section 691, and
                    ``(B) any property for which basis is provided by
                section 1014.''.
    (b) Information Returns.--
            (1) In general.--Subpart A of part III of subchapter A of
        chapter 61 (relating to information concerning persons subject
        to special provisions) is amended by adding after section 6039G
        the following:

``SEC. 6039H. INFORMATION REGARDING PROPERTY ACQUIRED FROM A DECEDENT.

    ``Every executor shall furnish the Secretary such information with
property to which section 1014 or 1022 applies as the Secretary may by
regulations prescribe.''.
            (2) Conforming amendment.--The table of sections for
        subpart A of part III of subchapter A of chapter 61 of such
        Code is amended by adding after the item relating to section
        6039G the following:

                              ``Sec. 6039H. Information regarding
                                        property acquired from a
                                        decedent.''.
    (c) Miscellaneous Amendments Related To Carryover Basis.--
            (1) Capital gain treatment for inherited art work or
        similar property.--
                    (A) In general.--Subparagraph (C) of section
                1221(a)(3) (defining capital asset) is amended by
                inserting ``(other than by reason of section 1022)''
                after ``is determined''.
                    (B) Coordination with section 170.--Paragraph (1)
                of section 170(e) (relating to certain contributions of
                ordinary income and capital gain property) is amended
                by adding at the end the following: ``For purposes of
                this paragraph, the determination of whether property
                is a capital asset shall be made without regard to the
                exception contained in section 1221(a)(3)(C) for basis
                determined under section 1022.''.
            (2) Definition of executor.--Section 7701(a) (relating to
        definitions) is amended by adding at the end the following:
            ``(47) Executor.--The term `executor' means the executor or
        administrator of the decedent, or, if there is no executor or
        administrator appointed, qualified, and acting within the
        United States, then any person in actual or constructive
        possession of any property of the decedent.''.
            (3) Clerical amendment.--The table of sections for part II
        of subchapter O of chapter 1 is amended by adding at the end
        the following new item:

                              ``Sec. 1022. Carryover basis for certain
                                        property acquired from a
                                        decedent.''.
    (d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.

Output: Estate Tax Elimination Act of 2001 - Amends the Internal Revenue Code to eliminate Federal estate, gift, and transfer taxes. Limits the aggregate step up basis of certain property acquired from a decedent to the aggregate basis of such property plus $2.8 million. Provides for an inflation adjustment.States that the basis for carryover basis property (as defined by this Act) shall be determined under the provision respecting the basis of property acquired by gifts or transfers in trust (section 1015). Describes noncarryover basis property. Directs an executor to provide the Secretary of the Treasury with related information.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Twenty-First Century Distance
Learning Enhancement Act''.

SEC. 2. EDUCATIONAL USE COPYRIGHT EXEMPTION.

    (a) Exemption of Certain Performances and Displays for Educational
Uses.--Section 110 of title 17, United States Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) except with respect to a work produced or marketed
        primarily for performance or display as part of mediated
        instructional activities transmitted via digital networks, or a
        performance or display that is given by means of a copy or
        phonorecord that is not lawfully made and acquired under this
        title, and the transmitting government body, accredited
        nonprofit educational institution, or nonprofit library knew or
        had reason to believe was not lawfully made and acquired, the
        performance of a nondramatic literary or musical work or
        reasonable and limited portions of any other work, or display
        of a work in an amount comparable to that which is typically
        displayed in the course of a live classroom session, by or in
        the course of a transmission, if--
                    ``(A) the performance or display is made by, at the
                direction of, or under the actual supervision of an
                instructor as an integral part of a class session
                offered as a regular part of the systematic mediated
                instructional activities of a governmental body, an
                accredited nonprofit educational institution, or a
                nonprofit library;
                    ``(B) the performance or display is directly
                related and of material assistance to the teaching
                content of the transmission;
                    ``(C) the transmission is made solely for, and, to
                the extent technologically feasible, the reception of
                such transmission is limited to--
                            ``(i) students officially enrolled in the
                        course for which the transmission is made; or
                            ``(ii) officers or employees of
                        governmental bodies as a part of their official
                        duties or employment; and
                    ``(D) the transmitting body or institution--
                            ``(i) institutes policies regarding
                        copyright, provides informational materials to
                        faculty, students, and relevant staff members
                        that accurately describe, and promote
                        compliance with, the laws of the United States
                        relating to copyright, and provides notice to
                        students that materials used in connection with
                        the course may be subject to copyright
                        protection; and
                            ``(ii) in the case of digital
                        transmissions--
                                    ``(I) applies technological
                                measures that, in the ordinary course
                                of their operations, prevent--
                                            ``(aa) retention of the
                                        work in accessible form by
                                        recipients of the transmission
                                        from the transmitting body or
                                        institution for longer than the
                                        class session; and
                                            ``(bb) unauthorized further
                                        dissemination of the work in
                                        accessible form by such
                                        recipients to others; and
                                    ``(II) does not engage in conduct
                                that could reasonably be expected to
                                interfere with technological measures
                                used by copyright owners to prevent
                                such retention or unauthorized further
                                dissemination;''; and
            (2) by adding at the end the following:
            ``In paragraph (2), the term `mediated instructional
        activities' with respect to the performance or display of a
        work by digital transmission under this section refers to
        activities that use such work as an integral part of the class
        experience, controlled by or under the actual supervision of
        the instructor and analogous to the type of performance or
        display that would take place in a live classroom setting. The
        term does not refer to activities that use, in 1 or more class
        sessions of a single course, such works as textbooks, course
        packs, or other material in any media, copies or phonorecords
        of which are typically purchased or acquired by the students in
        higher education for their independent use and retention or are
        typically purchased or acquired for elementary and secondary
        students for their possession and independent use.
            ``For purposes of paragraph (2), accreditation--
                    ``(A) with respect to an institution providing
                post-secondary education, shall be as determined by a
                regional or national accrediting agency recognized by
                the Council on Higher Education Accreditation or the
                United States Department of Education; and
                    ``(B) with respect to an institution providing
                elementary or secondary education, shall be as
                recognized by the applicable state certification or
                licensing procedures.
            ``For purposes of paragraph (2), no governmental body,
        accredited nonprofit educational institution, or nonprofit
        library shall be liable for infringement by reason of the
        transient or temporary storage of material carried out through
        the automatic technical process of a digital transmission of
        the performance or display of that material as authorized under
        paragraph (2). No such material stored on the system or network
        controlled or operated by the transmitting body or institution
        under this paragraph shall be maintained on such system or
        network in a manner ordinarily accessible to anyone other than
        anticipated recipients. No such copy shall be maintained on the
        system or network in a manner ordinarily accessible to such
        anticipated recipients for a longer period than is reasonably
        necessary to facilitate the transmissions for which it was
        made.''.
    (b) Ephemeral Recordings.--
            (1) In general.--Section 112 of title 17, United States
        Code, is amended--
                    (A) by redesignating subsection (f) as subsection
                (g); and
                    (B) by inserting after subsection (e) the
                following:
    ``(f)(1) Notwithstanding the provisions of section 106, and without
limiting the application of subsection (b), it is not an infringement
of copyright for a governmental body, nonprofit educational
institution, or nonprofit library entitled under section 110(2) to
transmit a performance or display to make copies or phonorecords of a
work that is in digital form and, solely to the extent permitted in
paragraph (2), of a work that is in analog form, embodying the
performance or display to be used for making transmissions authorized
under section 110(2), if--
            ``(A) such copies or phonorecords are retained and used
        solely by the body or institution that made them, and no
        further copies or phonorecords are reproduced from them, except
        as authorized under section 110(2); and
            ``(B) such copies or phonorecords are used solely for
        transmissions authorized under section 110(2).
    ``(2) This subsection does not authorize the conversion of print or
other analog versions of works into digital formats, except that such
conversion is permitted hereunder, only with respect to the amount of
such works authorized to be performed or displayed under section
110(2), if--
            ``(A) no digital version of the work is available to the
        institution; or
            ``(B) the digital version of the work that is available to
        the institution is subject to technological protection measures
        that prevent its use for section 110(2).''.
            (2) Technical and conforming amendment.--Section 802(c) of
        title 17, United States Code, is amended in the third sentence
        by striking ``section 112(f)'' and inserting ``section
        112(g)''.

Output: Twenty-First Century Distance Learning Enhancement Act - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to: (1) digital distance learning or distance education; and (2) nonprofit libraries (as well as governmental bodies and accredited nonprofit educational institutions, as at present). Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display given by means of a copy or phonorecord that is not lawfully made and acquired, and the transmitting government body, accredited nonprofit educational institution, or nonprofit library knew or had reason to believe was not lawfully made and acquired. Allows under specified instructional conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.Exempts from infringement liability, under specified conditions, governmental bodies, accredited nonprofit educational institutions, and nonprofit libraries by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.


Input:
SECTION 1. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF
              COMMERCIAL RADIO BROADCASTING STATIONS TO NONPROFIT
              CORPORATIONS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to general business
credits) is amended by adding at the end the following new section:

``SEC. 45E. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF
              COMMERCIAL RADIO BROADCASTING STATION TO CERTAIN
              NONPROFIT CORPORATIONS.

    ``(a) Radio Broadcasting Station Donation Credit.--For purposes of
section 38, the radio broadcasting station donation credit is an amount
equal to the sum of--
            ``(1) 125 percent of the fair market value of a radio
        broadcasting commercial license which is donated to a qualified
        recipient,
            ``(2) 100 percent of the fair market value of any radio
        broadcasting station assets, including equipment and other real
        property owned by the station, which are donated to the same
        qualified recipient, and
            ``(3) the total amount deposited into an operations escrow
        fund established by the donor of the license and assets during
        the taxable year.
    ``(b) Qualified Recipient.--For purposes of this section, a
qualified recipient is an entity which--
            ``(1) is a corporation described in section 501(c)(3) which
        is exempt from taxation under section 501(a),
            ``(2) agrees to operate the radio broadcasting station
        being donated to it as a for-profit venture, with profits
        dedicated to the support of non-profit fine arts and performing
        arts organizations in its service area,
            ``(3) has at least 3 arts organizations from its service
        area on its board of trustees, or on a board of trustees of a
        subsidiary established to oversee operation of the radio
        broadcasting station,
            ``(4) agrees that, in the event that it ceases operation of
        the radio broadcasting station--
                    ``(A) it will not sell the station to a for-profit
                broadcaster under any circumstances, and
                    ``(B) it will either--
                            ``(i) transfer the license to another
                        corporation described in section 501(c)(3)
                        which is exempt from taxation under section
                        501(a) and which agrees to continue operation
                        of the station for the support of nonprofit
                        fine arts and performing arts organizations in
                        its service area, or
                            ``(ii) surrender the license to the Federal
                        Communications Commission.
    ``(c) Operations Escrow Fund.--
            ``(1) In general.--For purposes of this section, an
        operations escrow fund is a fund established by a taxpayer who
        has donated a radio broadcasting commercial license or radio
        broadcasting station assets to a qualified recipient for the
        purpose of covering operating expenses during the recipient's
        first year of operation of the radio broadcasting station if
        the station's revenues are not adequate to cover such expenses.
        An operations escrow fund may be established only if the
        qualified recipient is not able to meet the financial
        responsibility requirement of the Federal Communications
        Commission.
            ``(2) Recapture of credit for amounts remaining in escrow
        fund.--In any case in which there is an amount remaining in an
        operations escrow fund after the first year of operation of the
        radio broadcasting station for which the fund was  established,
such amount (not including any interest that accrued on the amount in
the fund) shall be added to the tax imposed by this chapter on the
taxpayer for the taxpayer's taxable year which includes the end of such
first year of operation.
    ``(d) Special Rules in Case of Surrender of License to FCC.--If a
qualified recipient surrenders its donated radio broadcasting license
to the Federal Communications Commission, the Commission shall notify
the donor of the license that the donor may, within 6 months after such
notification, post a bond equal to the amount of the tax credit under
subsection (a) that it received for donating the station, plus
interest. After such a bond is posted, the donor may apply for the
license. If the Commission approves the donor's application for the
license, the bond shall be used in lieu of an auction fee. If the donor
does not exercise its option within such six months, or waives its
option earlier, the license shall be auctioned in the same manner as a
new license.
    ``(e) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.''.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 of such Code is amended by
        striking ``plus'' at the end of paragraph (12), by striking the
        period at the end of paragraph (13) and inserting ``, plus'',
        and by adding at the end the following new paragraph:
            ``(14) the radio broadcasting station donation credit
        determined under section 45E(a).''.
            (2) No carryback before effective date.--Subsection (d) of
        section 39 of such Code (relating to carryback and carryforward
        of unused credits) is amended by adding at the end the
        following new paragraph:
            ``(10) No carryback of section 45e credit before effective
        date.--No portion of the unused business credit for any taxable
        year which is attributable to any credit determined under
        section 45E may be carried back to a taxable year beginning
        before January 1, 2000.''.
            (3) The table of sections for subpart D of part IV of
        subchapter A of chapter 1 of such Code is amended by adding at
        the end the following new item:
                              ``Sec. 45E. Credit for donation of
                                        license and other assets of
                                        commercial radio broadcasting
                                        stations to certain nonprofit
                                        corporations.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Output: Amends the Internal Revenue Code to allow income tax credits to the owner of a commercial radio station donating the station's license and other assets (a 125 percent credit for the license and a 100 percent credit for the assets) to a tax-exempt organization which agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area.