Abhinay123/billsum-summarization-filtered2

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provision.

Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization. Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law. Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law. Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.

A bill to limit the civil liability of business entities providing use of facilities to nonprofit organizations.

SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS INVESTMENTS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS. ``(a) Nonrecognition of Gain.--In the case of the sale of any capital asset with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any eligible small business investment purchased by the taxpayer during the 12-month period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Capital asset.--The term `capital asset' has the meaning given such term by section 1221 (determined without regard to paragraph (2) of such section), except that such term shall include gain derived from the bulk sale of inventory not in the ordinary course of a trade or business. ``(2) Investment property.--The term `investment property' means property that has the capacity to produce gross income from-- ``(A) interest, annuities, or royalties, not derived in the ordinary course of a trade or business, or ``(B) dividends. Such term shall not include expansion shares. ``(3) Purchase.--The term `purchase' has the meaning given such term by section 1043(b)(4). ``(4) Eligible small business investment.--Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, if-- ``(A) as of the date of issuance of such stock or partnership interest, such corporation or partnership is a qualified small business entity, and ``(B) such stock or partnership interest is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock). A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. ``(5) Qualified small business entity.-- ``(A) In general.--The term `qualified small business entity' means any domestic corporation or partnership if-- ``(i) for the taxable year of such entity in which the stock or partnership interest was issued and each prior taxable year, such entity (and any predecessor thereof) had gross receipts of less than $5,000,000, ``(ii) the primary activity of such entity (and any predecessor thereof) for the taxable year of such issuance and each prior taxable year was an activity listed in the Standard Industrial Classification Manual, 1987 (SIC), as published by the Office of Management and Budget, Executive Office of the President, as being-- ``(I) agriculture, forestry or fishing (Division A), ``(II) mining (Division B), ``(III) construction (Division C), ``(IV) manufacturing (Division D), ``(V) transportation, communications, electric, gas or sanitary service (Division E), ``(VI) wholesale trade (Division F), ``(VII) retail trade (Division (G), ``(VIII) personal services (Major Group 72, Division I), ``(IX) business services (Major Group 73, Division I), ``(X) automotive repair, services or parking (Major Group 75, Division I), ``(XI) miscellaneous repair services (Major Group 76, Division I), or ``(XII) engineering, accounting, research, management or related services (Major Group 87, Division I), ``(iii) such entity generates income from investment property only as an incidental effect of the management of a working capital pool aggregated and directed toward investing in any qualified small business entity, and ``(iv) the majority of full-time employees employed by such entity and the largest percentage, by dollar value, of independent contractors under contract to such entity are located in the United States. For purposes of clause (iii), ownership interests in entities controlled by such entity or directly involved in the primary activity referred to in clause (ii) with respect to such entity do not constitute investment property, and the Secretary may further define by regulation what constitutes an incidental holding of investment property. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subparagraph (A). ``(C) Special rules for determining gross receipts.--The rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply for purposes of subparagraph (A)(i). ``(c) Inapplicability to Certain Gain.--Subsection (a) shall not apply to any of the following types of gain: ``(1) Gain from the sale or other disposition of property received in lieu of salary, wages, or other compensation for services performed by the taxpayer, to the extent of the fair market value of the property at the time of receipt by the taxpayer. ``(2) Gain from the sale of property that is not held for the production of income. ``(3) Gain from investment property. ``(4) Gain that is treated or characterized as ordinary income for purposes of this title. ``(5) Gain, to the extent the gain is not recognized under section 1044 or 1202, notwithstanding that the gain is derived from the sale of expansion shares. ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 (without regard to any 5-year holding period requirement) shall apply for purposes of this section. ``(e) Prohibition of Basis Adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall not be applied to reduce the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 12-month period described in subsection (a). ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then-- ``(1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- ``(A) the taxpayer's cost of purchasing the eligible small business investment which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase any eligible small business investment within the 12-month period described in subsection (a), or ``(C) a failure to make such purchase within such 12-month period, and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise. ``(h) Termination.--Subsection (a) shall not apply to any taxable year beginning on or after January 1, 2004.'' (b) Report by Secretary.--Not later than December 31, 2001, the Secretary of the Treasury shall submit to each House of the Congress a report detailing the effects of section 1045 of such Code, as added by this Act. (c) Clerical Amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain to small business investments.'' (d) Effective Date.--The amendments made by this section shall apply to investments purchased after the date of the date of the enactment of this Act, for taxable years ending after such date.

Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.

To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Insurance Relief Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Holocaust, including the murder of 6,000,000 European Jews, the systematic destruction of families and communities, and the wholesale theft of their assets, was one of the most tragic crimes in modern history. (2) When Holocaust survivors or heirs of Holocaust victims presented claims to insurance companies after World War II, many were rejected because the claimants did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis. (3) In many instances, insurance company records are the only proof of the existence of insurance policies belonging to Holocaust victims. (4) Holocaust survivors and their descendants have been fighting for decades to persuade insurance companies to settle unpaid insurance claims. (5) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as the ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, representatives of international Jewish organizations, and the State of Israel, to expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (6) On July 17, 2000, the United States and Germany signed an Executive Agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated the ICHEIC to resolve all insurance claims that were not paid or were nationalized during the Nazi era. (7) The ICHEIC's deadline for receiving claims applications is January 31, 2002. (8) Three years into the process of addressing the issue of unpaid insurance policies, companies continue to withhold thousands of names on dormant accounts. (9) As of June 15, 2001, more than 84 percent of the 72,675 claims applications filed with the ICHEIC remained idle because the claimants could not identify the company holding the policy. (10) Insurance companies doing business in the United States have a responsibility to ensure the disclosure of insurance policies of Holocaust victims that they or their related companies may have issued, to facilitate the rapid resolution of questions concerning these policies, and to eliminate the further victimization of policyholders and their families. (11) State legislatures in California, Florida, New York, Minnesota, Washington, and elsewhere have been challenged in efforts to implement laws that restrict the ability of insurers to engage in business transactions in those States until the insurers publish the names of Holocaust-era policyholders. (b) Purpose.--The purpose of this Act is to provide information about Holocaust-era insurance policies to Holocaust victims and their heirs and beneficiaries to enable them to expeditiously file their rightful claims under the policies. SEC. 3. HOLOCAUST INSURANCE REGISTRY. (a) Establishment and Maintenance.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2119. Holocaust Insurance Registry ``(a) Establishment.--The Archivist shall establish and maintain a collection of records that shall-- ``(1) be known as the Holocaust Insurance Registry; and ``(2) consist of the information provided to the Archivist under section 5 of the Holocaust Victims Insurance Relief Act of 2001. ``(b) Public Accessibility.--The Archivist shall make all such information publicly accessible and searchable by means of the Internet and by any other means the Archivist deems appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2119. Holocaust Insurance Registry.''. SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS. (a) Requirement.--An insurer shall cause to be filed with the Secretary of Commerce in accordance with subsection (b) the following information: (1) The first name, last name, date of birth, and domicile of the policyholder of each covered policy issued by the insurer or a related company of the insurer. (2) The name of the entity that issued the covered policy. (3) The name of the entity that is responsible for the liabilities of the entity that issued the covered policy. (b) Proper Filing.--A filing under subsection (a) shall be made not later than the earlier of 90 days after the date of the enactment of this Act or January 31, 2002, in an electronic format approved jointly by the Archivist of the United States and the Secretary of Commerce. SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST. The Secretary of Commerce shall provide to the Archivist of the United States any information filed with the Secretary under section 4(a) promptly after the filing of such information. SEC. 6. PENALTY. The Secretary of Commerce shall assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of section 4, as determined by the Secretary. SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES. To the extent or in the amounts provided in advance in appropriation Acts, the Archivist of the United States may use amounts received by the Government as civil penalties under section 6 to maintain the Holocaust Insurance Registry. SEC. 8. NOTIFICATION. (a) Initial Notification.--Not later than 180 days after the date of the enactment of this Act and periodically afterward, the Secretary of Commerce shall notify each State's commissioner of insurance of the identity of each insurer that has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. (b) Requests by States.--On request by the commissioner of insurance of a State concerning an insurer operating in that State, the Secretary of Commerce shall inform the commissioner of insurance whether the insurer has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES. (a) Preemption.--Nothing in this Act preempts the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution. (b) Sense of Congress.--It is the sense of the Congress that if any litigation challenging any State law described in subsection (a) is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs. SEC. 10. DEFINITIONS. In this Act: (1) Commissioner of insurance.--The term ``commissioner of insurance'' means the highest ranking officer of a State responsible for regulating insurance. (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, or property insurance policy that was-- (A) in effect at any time after January 30, 1933, and before December 31, 1945; and (B) issued to a policyholder domiciled in any area of the European Continent that was occupied or controlled by Nazi Germany or by any ally or sympathizer of Nazi Germany at any time during the period described in subparagraph (A). (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance in United States interstate or foreign commerce, if the person or a related company of the person issued a covered policy, regardless of when the related company became a related company of the insurer. (4) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act.

Holocaust Victims Insurance Relief Act of 2001 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry to consist of information on holders and issuers (and related liable entities) of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period.Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day an insurer fails to comply; and (3) notify each State's commissioner of insurance of the identity of any insurer that has failed to file such information or to satisfy any penalty.

To provide for the establishment of the Holocaust Insurance Registry by the Archivist of the United States and to require certain disclosures by insurers to the Secretary of Commerce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Debris Act Amendments of 2012''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1951 et seq.), as in effect immediately before the enactment of this Act. SEC. 3. SHORT TITLE AMENDMENT. Section 1 (33 U.S.C. 1951 note) is amended by striking ``Research, Prevention, and Reduction''. SEC. 4. PURPOSE. Section 2 (33 U.S.C. 1951) is amended to read as follows: ``SEC. 2. PURPOSE. ``The purpose of this Act is to address the adverse impacts of marine debris on the United States economy, the marine environment, and navigation safety through identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.''. SEC. 5. NOAA MARINE DEBRIS PROGRAM. (a) Name of Program.-- (1) In general.--Section 3 (33 U.S.C. 1952) is amended-- (A) in the section heading by striking ``prevention and removal''; and (B) in subsection (a)-- (i) by striking ``Prevention and Removal Program to reduce and prevent'' and inserting ``Program to identify, determine sources of, assess, prevent, reduce, and remove''; (ii) by inserting ``the economy of the United States,'' after ``marine debris on''; and (iii) by inserting a comma after ``environment''. (2) Conforming amendment.--Paragraph (7) of section 7 (33 U.S.C. 1956) is amended by striking ``Prevention and Removal''. (b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is amended to read as follows: ``(b) Program Components.--The Administrator, acting through the Program and subject to the availability of appropriations, shall-- ``(1) identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety; ``(2) provide national and regional coordination to assist States, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris; ``(3) undertake efforts to reduce adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including-- ``(A) research and development of alternatives to gear posing threats to the marine environment, and methods for marking gear used in specific fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and ``(B) development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery; and ``(4) undertake outreach and education of the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identify, determine sources of, assess, prevent, reduce, and remove marine debris and its adverse impacts on the United States economy, the marine environment, and navigational safety, including outreach and education activities through public- private initiatives.''. (c) Repeal.--Section 2204 of the Marine Plastic Pollution Research and Control Act of 1987 and the item relating to that section in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 (33 U.S.C. 1915) are repealed. (d) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C. 1952(c)) is amended-- (1) in paragraph (1), by striking ``section 2(1)'' and inserting ``section 2''; (2) by repealing paragraph (5); and (3) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6). SEC. 6. REPEAL OF OBSOLETE PROVISIONS. Section 4 (33 U.S.C. 1953) is amended-- (1) by striking ``(a) Strategy.--''; and (2) by repealing subsections (b) and (c). SEC. 7. AMENDMENTS TO DEFINITIONS. (a) Interagency Marine Debris Coordinating Committee.-- (1) In general.--Except as provided in subsection (b), section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is redesignated and moved to replace and appear as section 5 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1954). (2) Clerical amendment.--The item relating to section 2203 in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 is repealed. (b) Biennial Progress Reports.--Section 5(c)(2) (33 U.S.C. 1954(c)(2)), as in effect immediately before the enactment of this Act-- (1) is redesignated as subsection (e) of section 5, as redesignated and moved by the amendment made by subsection (a) of this section; and (2) is amended-- (A) by striking ``Annual progress reports.--'' and all that follows through ``thereafter'' and inserting ``Biennial Progress Reports.--Bienially''; (B) by inserting ``Natural'' before ``Resources''; (C) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5) of such subsection; and (D) by moving such subsection 2 ems to the left. SEC. 8. CONFIDENTIALITY OF SUBMITTED INFORMATION. Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the fishing industry''. SEC. 9. MARINE DEBRIS DEFINITION. Section 7 (33 U.S.C. 1956) is amended-- (1) by redesignating paragraph (3) as paragraph (9), and moving such paragraph to appear after paragraph (8); and (2) by inserting after paragraph (2) the following: ``(3) Marine debris.--The term `marine debris' means any persistent solid material that is manufactured or processed and directly or indirectly, and intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 9 (33 U.S.C. 1958) is amended-- (1) by striking ``are'' and inserting ``is''; (2) by striking ``2006 through 2010'' and all that follows through ``(1)'' and inserting ``through fiscal year 2015''; (3) in paragraph (1), by striking ``$10,000,000'' and inserting ``$4,900,000''; and (4) by striking ``; and'' and all that follows through the end of paragraph (2) and inserting a period. Passed the House of Representatives August 1, 2012. Attest: KAREN L. HAAS, Clerk.

Marine Debris Act Reauthorization Amendments of 2012 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act. (Sec. 3) Renames such Act as the Marine Debris Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove the occurrence and adverse impacts of marine debris on the U.S. economy, the marine environment, and navigation safety. (Sec. 5) Revises Program components, including by requiring the Administrator of NOAA to provide national and regional coordination to assist states, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. Amends the Marine Plastic Pollution Research and Control Act of 1987 to repeal the plastic pollution public education program. (Sec. 7) Replaces provisions of the Marine Debris Program concerning interagency coordination with provisions establishing the Interagency Marine Debris Coordinating Committee under the Marine Plastic Pollution Research and Control Act of 1987. Requires such Committee to submit biennial (currently annual) progress reports. (Sec. 8) Requires the Administrator to ensure the confidentiality of information submitted into the federal information clearinghouse on marine debris. (Currently, the Administrator is required to take steps to ensure the confidentiality of only such information that is submitted by the fishing industry.) (Sec. 9) Defines the term "marine debris" as any persistent solid material that is manufactured or processed and disposed of or abandoned into the marine environment or the Great Lakes.

To reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Needs Assessment and Program Evaluation Act of 2001''. SEC. 2. FINDINGS, PURPOSES. (a) Findings.--Congress finds that-- (1) the United States and the Indian tribes have a unique legal and political government-to-government relationship; (2) pursuant to the Constitution, treaties, statutes, Executive orders, court decisions, and course of conduct, the United States has a trust obligation to provide certain services to Indian tribes and to Indians; (3) Federal departments and agencies charged with administering programs and providing services to, or for the benefit of, Indians have not furnished Congress with adequate information necessary to assess such programs on the needs of Indians and Indian tribes; (4) such lack of information has hampered the ability of Congress to determine the nature, type, and magnitude of such needs as well as its ability to respond to them; and (5) Congress cannot properly fulfill its obligation to Indian tribes and Indian people unless and until it has an adequate store of information related to the needs of Indians nationwide. (b) Purposes.--The purposes of this Act are to-- (1) ensure that Indian needs for Federal programs and services are known in a more certain and predictable fashion; (2) require that Federal departments and agencies carefully review and monitor the effectiveness of the programs and services provided to Indians; (3) provide for more efficient and effective cooperation and coordination of, and accountability from, the Federal departments and agencies providing programs and services, including technical and business development assistance, to Indians; and (4) provide Congress with reliable information regarding Indian needs and the evaluation of Federal programs and services provided to Indians nationwide. SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT. (a) Indian Tribal Needs Assessments.-- (1) Immediate assessment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall contract with an appropriate entity, in consultation and coordination with the Indian tribes, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, the Secretary of Veterans Affairs, the Attorney General, the Administrator of the Environmental Protection Agency, and the heads of any other relevant Federal departments or agencies, for the development of a uniform method and criteria, and uniform procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians by each such department or agency. The needs assessment shall address, but not be limited to, the following: (i) The location of the service area of each program. (ii) The size of the service area of each program. (iii) The total population of each tribe located in the service area. (iv) The total population of members of other tribes located in the service area. (v) The availability of similar programs within the geographical area to tribes or tribal members. (vi) The socio-economic conditions that exist within the service area. (B) Consultation.--The contractor shall consult with tribal governments in establishing and conducting the needs assessment required under subparagraph (A). (2) Ongoing federal needs assessments.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, each Federal department or agency, in coordination with the Secretary of the Interior, shall conduct an Indian Needs Assessment (in this Act referred to as the ``INA'') aimed at determining the actual needs of Indian tribes and Indians eligible for programs and services administered by such department or agency. (B) Submission to congress.--Not later than February 1 of any year in which an INA is required to be conducted under subparagraph (A), a copy of the INA shall be submitted to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (b) Federal Agency Indian Tribal Program Evaluation.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall develop a uniform method and criteria, and uniform procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning-- (A) the annual expenditures of the department or agency for programs and services for which Indians are eligible, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; (B) services or programs specifically for the benefit of Indians, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; and (C) the department or agency method of delivery of such services and funding, including a detailed explanation of the outreach efforts of each agency or department to Indian tribes. (2) Submission to Congress.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal department or agency responsible for providing services or programs to, or for the benefit of, Indian tribes or Indians shall file an Annual Indian Program Evaluation (in this Act referred to as the ``AIPE'') with the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (c) Annual Listing of Tribal Eligible Programs.--Not later than February 1 of each calendar year, each Federal department or agency described in subsection (b)(2), shall develop and publish in the Federal Register a list of all programs and services offered by such department or agency for which Indian tribes or their members are or may be eligible, and shall provide a brief explanation of the program or service. (d) Confidentiality.--Any information received, collected, or gathered from Indian tribes concerning program function, operations, or need in order to conduct an INA or an AIPE shall be used only for the purposes of this Act set forth in section 2(b). SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall develop and submit to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate a report detailing the coordination of Federal program and service assistance for which Indian tribes and their members are eligible. (b) Strategic Plan.--Not later than 30 months after the date of enactment of this Act, the Secretary of the Interior, in consultation and coordination with the Indian tribes, shall file a Strategic Plan for the Coordination of Federal Assistance for Indians (in this Act referred to as the ``Strategic Plan''). (c) Contents of Strategic Plan.--The Strategic Plan required under subsection (b) shall contain the following: (1) Identification of reforms necessary to the laws, regulations, policies, procedures, practices, and systems of the Federal departments or agencies involved. (2) Proposals for implementing the reforms identified in the Strategic Plan. (3) Any other recommendations that are consistent with the purposes of this Act set forth in section 2(b). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2002 and each fiscal year thereafter, such sums as are necessary to carry out this Act.

Indian Needs Assessment and Program Evaluation Act of 2001 - Directs the Secretary of the Interior to contract with an appropriate entity to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide.Requires Federal departments and agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies.Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) Federal annual expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) Federal methods of delivery of services and funding.Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file Annual Indian Program Evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible.Directs the Secretary to file a Strategic Plan for the Coordination of Federal Assistance for Indians.

A bill to provide for periodic Indian needs assessments, to require Federal Indian program evaluations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kidney Disease Educational Benefits Act of 2002''. SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES. (a) Coverage of Kidney Disease Education Services.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (U), by striking ``and'' at the end; (ii) in subparagraph (V)(iii), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(W) kidney disease education services (as defined in subsection (ww));''; and (B) by adding at the end the following new subsection: ``Kidney Disease Education Services ``(ww)(1) The term `kidney disease education services' means educational services that are-- ``(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; ``(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and ``(C) designed-- ``(i) to provide comprehensive information regarding-- ``(I) the management of comorbidities; ``(II) the prevention of uremic complications; and ``(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis in a center or at home (including vascular access options), and transplantation); and ``(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. ``(2) The term `qualified person' means-- ``(A) a physician (as described in subsection (r)(1)); ``(B) an individual who-- ``(i) is-- ``(I) a registered nurse; ``(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); ``(III) a clinical social worker (as defined in subsection (hh)(1)); or ``(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)); and ``(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) meet the requirements of subparagraph (A) or (B). ``(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. ``(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services. ``(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). ``(6) Not later than April 1, 2003, and annually thereafter, the Secretary shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in paragraph (1)) and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of this subsection.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``, (2)(W)'', after ``(2)(S)''. (3) Payment to renal dialysis facilities.--Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(12) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act.

Kidney Disease Educational Benefits Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide coverage for kidney disease education services furnished, upon the managing physician's referral, to an individual with kidney disease who will require dialysis or a kidney transplant. Requires such services to: (1) impart comprehensive information regarding management, prevention, and options regarding treatment of kidney disease; and (2) ensure that such individuals have the opportunity to participate actively in the choice of therapy.

A bill to amend title XVIII of the Social Security Act to provide coverage for kidney disease education services under the medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2003''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by inserting after paragraph (28) the following new paragraph: ``(29) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.

Public Safety and Protection Investment Act of 2003 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security devices.

To amend the Internal Revenue Code of 1986 to allow businesses to expense qualified security devices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Millennium Classrooms Act''. SEC. 2. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (a) Expansion of Computer Donations to Public Libraries.-- (1) In general.--Paragraph (6) of section 170(e) of the Internal Revenue Code of 1986 (relating to special rule for contributions of computer technology and equipment for elementary or secondary school purposes) is amended by striking ``qualified elementary or secondary educational contribution'' each place it occurs in the headings and text and inserting ``qualified computer contribution''. (2) Qualified computer contribution defined.--Subclause (II) of section 170(e)(6)(B)(i) of such Code (relating to qualified elementary or secondary educational contribution) is amended by striking ``or'' at the end of subclause (I), by inserting ``or'' at the end of subclause (II), and by inserting after subclause (II) the following new subclause: ``(III) a public library (within the meaning of section 213(2)(A) of the Library Services and Technology Act (20 U.S.C. 9122(2)(A)), as in effect on the date of the enactment of the New Millennium Classrooms Act, established and maintained by an entity described in subsection (c)(1).''. (3) Conforming amendment.--The heading of paragraph (6) of section 170(e) of such Code is amended by striking ``elementary or secondary school purposes'' and inserting ``school and library purposes''. (b) Extension of Age of Eligible Computers.--Clause (ii) of section 170(e)(6)(B) of such Code (defining qualified elementary or secondary educational contribution) is amended-- (1) by striking ``2 years'' and inserting ``3 years'', and (2) by striking ``date'' the first place it appears and all that follows and inserting the following: ``date-- ``(I) the taxpayer acquired or reacquired the property, ``(II) construction of the property is substantially completed in the case of property constructed by the taxpayer for its own use in its trade or business and which is not inventory with respect to the taxpayer, or ``(III) the property was originally sold, leased, or otherwise disposed of by the taxpayer in the case of property reacquired by the taxpayer.''. (c) Reacquired Computers Eligible for Donation.--Clause (iii) of section 170(e)(6)(B) of such Code (defining qualified elementary or secondary educational contribution) is amended by inserting ``, the person from whom the donor reacquires the property,'' after ``the donor''. (d) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act. SEC. 3. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45D. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. ``(a) General Rule.--For purposes of section 38, the school and public library computer donation credit determined under this section is an amount equal to 30 percent of the qualified computer contributions made by the taxpayer during the taxable year. ``(b) Increased Percentage for Contributions to Schools or Public Libraries in Empowerment Zones, Enterprise Communities, and Indian Reservations.--In the case of a qualified computer contribution to an educational organization, public library, or entity located in an empowerment zone or enterprise community designated under section 1391 or an Indian reservation (as defined in section 168(j)(6)), subsection (a) shall be applied by substituting `50 percent' for `30 percent'. ``(c) Limitation.--No credit shall be allowed under subsection (a) for the contribution of a computer (as defined in section 168(i)(2)(B)(ii)) if the computer software (as defined in section 197(e)(3)(B)) that serves as the operating system of such computer has not been lawfully installed. ``(d) Qualified Computer Contribution.--For purposes of this section, the term `qualified computer contribution' has the meaning given such term by section 170(e)(6)(B). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply. ``(f) Termination.--This section shall not apply to taxable years beginning on or after the date which is 3 years after the date of the enactment of the New Millennium Classrooms Act.'' (b) Current Year Business Credit Calculation.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the school and public library computer donation credit determined under section 45D(a).''. (c) Disallowance of Deduction by Amount of Credit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following: ``(d) Credit for School and Public Library Computer Donations.--No deduction shall be allowed for that portion of the qualified computer contributions (as defined in section 170(e)(6)(B)) made during the taxable year that is equal to the amount of credit determined for the taxable year under section 45D(a). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (d) Limitation on Carryback.--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: ``(9) No carryback of school and public library computer donation credit before effective date.--No amount of unused business credit available under section 45D may be carried back to a taxable year beginning on or before the date of the enactment of this paragraph.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45C the following: ``Sec. 45D. Credit for computer donations to schools and public libraries.'' (f) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act.

New Millennium Classrooms Act - Amends the Internal Revenue Code to: (1) expand the tax deduction for computer donations by corporations to tax-exempt schools to include donations to public libraries; (2) increase from two to three years the age of computers that can be contributed for such deduction; and (3) allow a business tax credit of 30 percent of the value of computers donated to tax-exempt schools and public libraries. Increases the amount of such credit to 50 percent for contributions to schools or public libraries in empowerment zones, enterprise communities, and Indian reservations.

New Millennium Classrooms Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Personnel War Zone Toxic Exposure Prevention Act''. SEC. 2. IDENTIFICATION OF HEALTH EFFECTS RELATED TO HAZARDOUS DISPOSAL SITE. (a) Establishment.--The Secretary of Defense shall establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site and any negative health effects that may be related to such exposure. The Secretary shall administer such system using existing medical surveillance systems. (b) Notification.--If the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, the Secretary shall-- (1) give notice of the potential exposure to-- (A) the member; (B) the commanding officer of the unit to which the member belonged at the time of potential exposure; and (C) in the case of a member of the National Guard, the Adjutant General of the State concerned; and (2) inform the member that the member may be included in the system required by subsection (a). (b) Registration.--For each member of the Armed Forces notified of a potential exposure under subsection (b), the Secretary shall collect information for purposes of the system required by subsection (a). Such information shall include-- (1) the locations that the member was deployed, including dates of such deployment; (2) the approximate distance of the living and working quarters of the member from a hazardous disposal site; (3) the types of materials disposed of at the site; (4) the length of time the member was exposed to such site; (5) any symptoms experienced by the member while deployed; (6) any symptoms the member experiences at the time of submitting such information to the Secretary; and (7) other information the Secretary considers appropriate. (c) Examination.--Not later than 30 days after the date on which the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, and annually thereafter, the Secretary shall-- (1) provide such member-- (A) a complete physical examination; and (B) consultation and counseling with respect to the results of such physical examination; and (2) ensure that documentation of the potential exposure is placed in the medical record of the member maintained by the Department of Defense. (d) Proposed Capabilities.-- (1) Sufficiency.--The Secretary shall determine if existing medical surveillance systems are sufficient to identify all potential negative health effects resulting from exposure to a hazardous disposal site. (2) Report.--Not later than six months after the date of the enactment of this Act, the Secretary shall submit to Congress a report with any recommendations to change existing medical surveillance systems in order to improve the identification of negative health effects resulting from exposure to a hazardous disposal site. (e) Annual Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing-- (1) the status of implementing the system required by subsection (a); and (2) the incidences of illnesses among members of the Armed Forces notified under subsection (b) and whether such illnesses may have been caused by exposure to a hazardous disposal site. (f) Definitions.--In this section: (1) The term ``existing medical surveillance systems'' means medical surveillance systems and other data in the possession of the Secretary as of the date of the enactment of this Act. (2) The term ``exposure to a hazardous disposal site'' includes the following: (A) Exposure to the fumes emanating from a hazardous disposal site for-- (i) more than one year if the member of the Armed Forces was deployed to a military installation that made use of open pits to burn waste; or (ii) any period of time when exposure to such fumes was intensive. (B) A situation where a member of the Armed Forces with service-related health problems demonstrates significant exposure to fumes emanating from a hazardous disposal site. (3) The term ``hazardous disposal site'' means a location where hazardous methods of disposing of mass amounts of waste were used during Operation Enduring Freedom or Operations Iraqi Freedom, including the use of open pits to burn waste. (4) The term ``member of the Armed Forces'' includes former members of the Armed Forces. SEC. 3. PROHIBITION ON DISPOSAL OF WASTES IN A MANNER THAT PRODUCES DANGEROUS LEVELS OF TOXINS. (a) In General.--The Secretary of Defense shall prohibit the disposal of waste during contingency operations lasting more than six months in a manner that exposes members of the Armed Forces or civilian employees of the Department of Defense to the following: (1) Environmental toxins, including dioxin, benzene, and other carcinogens. (2) Combinations of toxins that may lead to long-term negative health effects. (3) Low levels of toxins that exceed military exposure guidelines for exposures of over one year. (b) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out this section. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of waste disposal techniques used by members of the Armed Forces in Iraq and Afghanistan, including, for each military department, an assessment of the compliance with the regulations required under this section.

Military Personnel War Zone Toxic Exposure Prevention Act - Directs the Secretary of Defense to establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site, as well as any negative health effects that may be related to such exposure. Requires the Secretary to: (1) administer the system using existing medical surveillance systems; (2) notify a member and his or her commanding officer of a potential exposure; (3) for each member notified, collect information for purposes of the system; (4) for each member notified, annually provide a complete physical examination and related consultation and counseling; and (5) determine, and report to Congress on, whether existing surveillance systems are sufficient to identify all potential negative health effects resulting from such exposure.

To require the Secretary of Defense to establish a medical surveillance system to identify members of the Armed Forces exposed to chemical hazards resulting from the disposal of waste in Iraq and Afghanistan, to prohibit the disposal of waste by the Armed Forces in a manner that would produce dangerous levels of toxins, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New IDEA (Illegal Deduction Elimination Act)''. SEC. 2. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME. (a) In General.--Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: ``(4) Wages paid to or on behalf of unauthorized aliens.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). ``(B) Wages.--For the purposes of this paragraph, the term `wages' means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. ``(C) Safe harbor.--If a person or other entity is participating in the basic pilot program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee.''. (b) 6-Year Limitation on Assessment and Collection.--Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph: ``(11) Deduction claimed for wages paid to unauthorized aliens.--In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.''. (c) Use of Documentation for Enforcement Purposes.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subparagraph (b)(5), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; (2) in subparagraph (d)(2)(F), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; and (3) in subparagraph (d)(2)(G), by inserting ``section 162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or enforcement of''. (d) Availability of Information.-- (1) In general.--The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by secretary of the treasury.-- (A) In general.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Payment of wages to unauthorized aliens.--Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department-- ``(A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and ``(B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals.''. (B) Record keeping.--Paragraph (4) of section 6103(p) of such Code is amended-- (i) by striking ``(5), or (7)'' in the matter preceding subparagraph (A) and inserting ``(5), (7), or (9)'', and (ii) by striking ``(5) or (7)'' in subparagraph (F)(ii) and inserting ``(5), (7), or (9)''. (e) Effective Date.-- (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2007. SEC. 3. MODIFICATION OF BASIC PILOT PROGRAM FOR EMPLOYMENT ELIGIBILITY VERIFICATION. (a) Making Permanent.--Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1324a note) is amended by striking the last sentence. (b) Application to Current Employees.-- (1) Voluntary election.--The first sentence of section 402(a) of such Act is amended to read as follows: ``Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in a pilot program.''. (2) Benefit of rebuttable presumption.--Paragraph (1) of section 402(b) of such Act is amended by adding at the end the following: ``If a person or other entity is participating in a pilot program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals.''. (3) Scope of election.--Subparagraph (A) of section 402(c)(2) of such Act is amended to read as follows: ``(A) In general.--Any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)-- ``(i) to all its hiring (and all recruitment or referral); ``(ii) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity); ``(iii) to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or ``(iv) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be).''. (4) Procedures for participants in basic pilot program.-- Subsection (a) of section 403 of such Act is amended-- (A) in the matter preceding paragraph (1), by inserting ``or continued employment in the United States'' after ``United States''; and (B) in paragraph (3)-- (i) in subparagraph (A), by striking all that follows ``(as specified by the Attorney General)'' and inserting ``after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals).''; and (ii) in subparagraph (B), by striking ``such 3 working days'' and inserting ``the specified period''.

New IDEA (Illegal Deduction Elimination Act) - Amends the Internal Revenue Code to deny a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien. Directs the Commissioner of Social Security and the Secretaries of Homeland Security and the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Requires the Secretary of the Treasury to provide taxpayer identity information to the Commissioner of Social Security and the Secretary of Homeland Security on employers who paid nondeductible wages to unauthorized aliens and on the aliens to whom such wages were paid. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make permanent the pilot program for verifying the employment eligibility of alien workers (E-Verify Program); (2) apply such program to current employees in addition to new hires; and (3) establish a rebuttable presumption that employers who participate in the pilot program have not violated the prohibition against continued employment of unauthorized aliens.

To amend the Internal Revenue Code of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ice Age Floods National Geologic Trail Designation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon; (2) geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and (3) in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail-- (A) to recognize the national significance of this phenomenon; and (B) to coordinate public and private sector entities in the presentation of the story of the Ice Age floods. (b) Purpose.--The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities. SEC. 3. DEFINITIONS. In this Act: (1) Ice age floods; floods.--The term ``Ice Age floods'' or ``floods'' means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana. (2) Plan.--The term ``plan'' means the cooperative management and interpretation plan authorized under section 5(e). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Trail.--The term ``Trail'' means the Ice Age Floods National Geologic Trail designated by section 4(a). SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. (a) Designation.--In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b) Location.-- (1) Map.--The route of the Trail shall be generally depicted on the map entitled ``Ice Age Floods National Geologic Trail,'' numbered P43/80,000 and dated June 2004. (2) Route.--The route shall generally follow public roads and highways. (3) Revision.--The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan. (c) Map Availability.--The map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b) Limitation.--Except as provided in subsection (f)(2), the Trail shall not be considered to be a unit of the National Park System. (c) Trail Management Office.--To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail. (d) Interpretive Facilities.--The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan. (e) Management Plan.-- (1) In general.--Not later than 3 years after funds are made available to carry out this Act, the Secretary shall prepare a cooperative management and interpretation plan for the Trail. (2) Consultation.--The Secretary shall prepare the plan in consultation with-- (A) State, local, and tribal governments; (B) the Ice Age Floods Institute; (C) private property owners; and (D) other interested parties. (3) Contents.--The plan shall-- (A) confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled ``Ice Age Floods, Study of Alternatives and Environmental Assessment'' (February 2001) by-- (i) locating features more accurately; (ii) improving the description of features; and (iii) reevaluating the features in terms of their interpretive potential; (B) review and, if appropriate, modify the map of the Trail referred to in section 4(b); (C) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and (D) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods. (f) Cooperative Management.-- (1) In general.--In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Authority.--For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (g) Cooperative Agreements.--The Secretary may enter into cooperative agreements with public or private entities to carry out this Act. (h) Effect on Private Property Rights.--Nothing in this Act-- (1) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (2) modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (i) Liability.--Designation of the Trail by section 4(a) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, of which not more than $12,000,000 may be used for development of the Trail. Passed the Senate November 16, 2005. Attest: EMILY J. REYNOLDS, Secretary.

Ice Age Floods National Geologic Trail Designation Act - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods and to promote efforts to interpret and educate along the pathways of the floods. Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail in accordance with this Act. Prohibits the Trail, except as provided in this Act, from being considered a unit of the National Park System (NPS). Allows the Secretary, in order to improve management of the Trail and coordinate Trail activities with other public agencies and private entities, to establish and operate a Trail management office at a central location within the vicinity of the Trail. Requires the Secretary to prepare a cooperative management and interpretation plan for the Trail. Authorizes the Secretary to plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with state, local, tribal, or nonprofit entities and are consistent with the cooperative management and interpretation plan. Allows the Secretary, in order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, to enter into cooperative management agreements with appropriate officials in the states of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the NPS. States that, for purposes of such authority only, the Trail be considered an NPS unit. Permits the Secretary to enter into cooperative agreements with public or private entities to carry out this Act. Specifies the effect of this Act on private property rights. Declares that designation of the Trail does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property. Authorizes appropriations.

A bill to designate the Ice Age Floods National Geologic Trail, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Standards Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime; (3) such private security officers protect individuals, property, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others; (4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are supplemented by private security officers; (5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional security officers for the protection of people, facilities, and institutions; (6) the trend in the Nation toward growth in such security services has accelerated rapidly; (7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes; (8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; (9) private security officers and applicants for private security officer positions should be thoroughly screened and trained; and (10) standards are essential for the selection, training, and supervision of qualified security personnel providing security services. SEC. 3. DEFINITIONS. In this Act: (1) Employee.--The term ``employee'' includes both a current employee and an applicant for employment. (2) Authorized employer.--The term ``authorized employer'' means any person that-- (A) provides, as an independent contractor, for consideration, the services of private security officers; and (B) is authorized by the Attorney General to obtain information provided by the State or other authorized entity pursuant to this section. (3) Private security officer.-- The term ``private security officer''-- (A) means an individual who performs security services, full- or part-time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes, whose primary duty is to perform security services; but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State; (ii) employees whose duties are primarily internal audit or credit functions; (iii) an individual on active duty in the military service; (iv) employees of electronic security system companies acting as technicians or monitors; or (v) employees whose duties primarily involve the secure movement of prisoners. (4) Security services.--The term ``security services'' means the performance of security services as such services are defined by regulations promulgated by the Attorney General. SEC. 4. BACKGROUND CHECKS. (a) In General.-- (1) Submission of fingerprints.--An authorized employer may submit fingerprints or other means of positive identification of an employee of such employer for purposes of a background check pursuant to this Act. (2) Employee rights.-- (A) Permission.--An authorized employer shall obtain written consent from an employee to submit the request for a background check of the employee under this Act. (B) Access.--An employee shall be provided confidential access to information relating to the employee provided pursuant to this Act to the authorized employer. (3) Providing records.--Upon receipt of a background check request from an authorized employer, submitted through the State identification bureau or other entity authorized by the Attorney General, the Attorney General shall-- (A) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and (B) promptly provide any identification and criminal history records resulting from the background checks to the submitting State identification bureau or other entity authorized by the Attorney General. (4) Frequency of requests.--An employer may request a background check for an employee only once every 12 months of continuous employment by that employee unless the employer has good cause to submit additional requests. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this Act, including-- (1) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, and destruction of information and audits, and recordkeeping; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. (c) Criminal Penalty.--Whoever falsely certifies that he meets the applicable standards for an authorized employer or who knowingly and intentionally uses any information obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both. (d) User Fees.-- (1) In general.--The Director of the Federal Bureau of Investigation may-- (A) collect fees pursuant to regulations promulgated under subsection (b) to process background checks provided for by this Act; (B) notwithstanding the provisions of section 3302 of title 31, United States Code, retain and use such fees for salaries and other expenses incurred in providing such processing; and (C) establish such fees at a level to include an additional amount to remain available until expended to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. (2) State costs.--Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this Act. (e) State Opt Out.--A State may decline to participate in the background check system authorized by this Act by enacting a law providing that the State is declining to participate pursuant to this subsection. (f) State Standards and Information Provided to Employer.-- (1) Absence of state standard.--If a State participates in the background check system authorized by this Act and has no State standard for qualification to be a private security officer, the State shall notify an authorized employer whether or not an employee has been convicted of a felony, an offense involving dishonesty or false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years. (2) State standard.--If a State participates in the background check system authorized by this Act and has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State standard and shall notify the employer of the results.

Private Security Officer Employment Standards Act of 2002 - Permits an authorized employer of private security officers to submit fingerprints or other means of positive identification of an employee or an applicant for a background check. Requires: (1) an employer to obtain an employee's written consent to submit the background check request; and (2) that an employee be provided confidential access to information relating to the employee provided to the employer.Directs the Attorney General, upon receipt of such a request submitted through the State identification bureau or other authorized entity, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any identification and criminal history records.Limits requests to once every 12 months of continuous employment unless the employer has good cause to submit additional requests.Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.Authorizes: (1) the FBI Director to collect fees to process background checks; and (2) a State to opt out from participation in the background check system.Sets forth provisions regarding State notification of authorized employers.

A bill to permit reviews of criminal records of applicants for private security officer employment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Homebuyers Act of 2009''. SEC. 2. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who purchases a principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 15 percent of the purchase price of the residence. ``(2) Allocation of credit amount.--At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of subsection (b)(1)) may be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the principal residence is made. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of the credit allowed under paragraph (1) shall not exceed $18,000. ``(2) Married individuals filing separately.--In the case of 2 married individuals filing separately, paragraph (1) shall be applied to each such individual by substituting `$7,500' for `$9,000'. ``(3) Other individuals.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $18,000. ``(4) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a principal residence by or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. ``(5) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $150,000 ($300,000 in the case of a joint return), bears to ``(ii) $75,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 60 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 60-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. ``(d) Limitation Based on Amount of Tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this subpart (other than this section) for the taxable year. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(2) Purchase.--In defining the purchase of a principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(4) Denial of double benefit.-- ``(A) Coordination with other credits.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 36 or section 1400C. ``(B) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(f) Application of Section.--This section shall not apply to residences purchased during the 1-year period beginning on the date of the enactment of this subsection.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(e)(4).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act.

Helping Homebuyers Act of 2009 - Amends the Internal Revenue Code to allow individual taxpayers a one-time tax credit for 15% of the purchase price of a principal residence, up to $18,000. Requires repayment of such credit if the taxpayer sells the residence, or fails to occupy the residence as a principal residence, at any time within 60 months after the date of purchase.

To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Enhancements for Needed Drugs Act of 2005''. SEC. 2. GAO STUDIES AND REPORTS ON PRICES OF PRESCRIPTION DRUGS. (a) Review and Reports on Retail Prices of Prescription Drugs.-- (1) Initial review.--The Comptroller General of the United States shall conduct a review of the retail cost of prescription drugs in the United States during 2000 through 2003, with an emphasis on the prescription drugs most utilized for individuals age 65 or older. (2) Subsequent review.--After conducting the review under paragraph (1), the Comptroller General shall continuously review the retail cost of such drugs through April 1, 2006, to determine the changes in such costs. (3) Reports.-- (A) Initial review.--Not later than September 1, 2005, the Comptroller General shall submit to Congress a report on the initial review conducted under paragraph (1). (B) Subsequent review.--Not later than July 1, 2006, January 1, 2007, and July 1, 2007, the Comptroller General shall submit to Congress a report on the subsequent review conducted under paragraph (2). (b) Annual GAO Study and Report on Retail and Acquisition Prices of Certain Prescription Drugs.-- (1) Ongoing study.--The Comptroller General of the United States shall conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with-- (A) the average price at which private health plans acquire each such drug; (B) the average price at which the Department of Defense under the Defense Health Program acquires each such drug; (C) the average price at which the Department of Veterans Affairs under the laws administered by the Secretary of Veterans Affairs acquires each such drug; and (D) the average negotiated price for each such drug that eligible beneficiaries enrolled in a prescription drug plan under part D of title XVIII of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), that provides only basic prescription drug coverage have access to under such plans. (2) Annual report.--Not later than December 1, 2007, and annually thereafter, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Comptroller General determines appropriate. SEC. 3. INCLUSION OF AVERAGE AGGREGATE BENEFICIARY COSTS AND SAVINGS IN COMPARATIVE INFORMATION FOR BASIC MEDICARE PRESCRIPTION DRUG PLANS. Section 1860D-1(c)(3) of the Social Security Act (42 U.S.C. 1395w- 101(c)(3)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following new clause: ``(vi) Average aggregate beneficiary costs and savings.--With respect to plan years beginning on or after January 1, 2007, the average aggregate costs, including deductibles and other cost-sharing, that a beneficiary will incur for covered part D drugs in the year under the plan compared to the average aggregate costs that an eligible beneficiary with no prescription drug coverage will incur for covered part D drugs in the year.''; and (2) by adding at the end the following new subparagraph: ``(C) Average aggregate beneficiary costs and savings information only for basic prescription drug plans.--The Secretary shall not provide comparative information under subparagraph (A)(vi) with respect to-- ``(i) a prescription drug plan that provides supplemental prescription drug coverage; or ``(ii) a Medicare Advantage plan.''. SEC. 4. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. (a) In General.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Authority To Negotiate Prices With Manufacturers.-- ``(1) In general.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part. ``(2) Mandatory responsibilities.--The Secretary shall be required to-- ``(A) negotiate contracts with manufacturers of covered part D drugs for each fallback prescription drug plan under subsection (g); and ``(B) participate in negotiation of contracts of any covered part D drug upon request of an approved prescription drug plan or MA-PD plan. ``(3) Rule of construction.--Nothing in paragraph (2) shall be construed to limit the authority of the Secretary under paragraph (1) to the mandatory responsibilities under paragraph (2).''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 5. NAIC REVIEW AND REPORT ON CHANGES IN MEDIGAP POLICIES THAT PROVIDE COVERAGE OF PRESCRIPTION DRUGS CONTAINED IN THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. (a) In General.--The Secretary of Health and Human Services shall request the National Association of Insurance Commissioners to conduct a review of the changes to the rules relating to medicare supplemental policies that provide prescription drug coverage contained in subsection (v) of section 1882 of the Social Security Act (42 U.S.C. 1395ss), as added by section 104(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (b) Impact on Medicare Beneficiaries.--The review conducted pursuant to subsection (a) should focus on the impact the changes described in such subsection will have on medicare beneficiaries. (c) Report.--The Secretary shall request the National Association of Insurance Commissioners to submit to Congress, by not later than January 1, 2006, a report on the review conducted pursuant to subsection (a), together with such recommendations as the National Association of Insurance Commissioners determines appropriate.

Medicare Enhancements for Needed Drugs Act of 2005 - Directs the Comptroller General to review and report to Congress on the retail cost of prescription drugs in the United States during 2000 and 2003, and through April 1, 2006, with an emphasis on the prescription drugs most utilized for individuals age 65 or older. Requires the Comptroller General to conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with: (1) the average prices at which private health plans, the Department of Defense under the Defense Health Program, and the Department of Veterans Affairs acquire each such drug; and (2) the average negotiated price for each such drug that eligible beneficiaries have access to under a Medicare prescription drug plan providing only basic prescription drug coverage. Amends title XVIII (Medicare) of the Social Security Act (SSA) to include in the comparative plan information for beneficiaries under new Medicare part D (Voluntary Prescription Drug Benefit Program) a comparison of average aggregate prescription drug plan beneficiary costs and savings with such costs for a beneficiary with no prescription drug plan. Repeals the prohibition against interference by the Secretary with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors, as well as the requirement of a particular formulary to institute a price structure for the reimbursement of Medicare part D covered drugs. Authorizes the Secretary instead, like other Federal entities that purchase prescription drugs in bulk, to negotiate contracts with manufacturers of covered part D drugs.

A bill to reduce the costs of prescription drugs for medicare beneficiaries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Budgeting for Opioid Addiction Treatment Act''. SEC. 2. EXCISE TAX ON OPIOID PAIN RELIEVERS. (a) In General.--Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4192. OPIOID PAIN RELIEVERS. ``(a) In General.--There is hereby imposed on the sale of any taxable active opioid by the manufacturer, producer, or importer a tax equal to 1 cent per milligram so sold. ``(b) Taxable Active Opioid.--For purposes of this section-- ``(1) In general.--The term `taxable active opioid' means any controlled substance (as defined in section 102 of the Controlled Substances Act, as in effect on the date of the enactment of this section) which is opium, an opiate, or any derivative thereof. ``(2) Exclusion for certain prescription medications.--Such term shall not include any prescribed drug which is used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. ``(3) Exclusion of other ingredients.--In the case of a product that includes a taxable active opioid and another ingredient, subsection (a) shall apply only to the portion of such product that is a taxable active opioid.''. (b) Clerical Amendments.-- (1) The heading of subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by striking ``Medical Devices'' and inserting ``Other Medical Products''. (2) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E and inserting the following new item: ``subchapter e. other medical products''. (3) The table of sections for subchapter E of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4192. Opioid pain relievers.''. (c) Effective Date.--The amendments made by this section shall apply to sales on or after the date that is 1 year after the date of the enactment of this Act. (d) Rebate or Discount Program for Certain Cancer and Hospice Patients.-- (1) In general.--The Secretary of Health and Human Services, in consultation with patient advocacy groups and other relevant stakeholders as determined by such Secretary, shall establish a mechanism by which-- (A) any amount paid by an eligible patient in connection with the tax under section 4192 of the Internal Revenue Code of 1986 (as added by this section) shall be rebated to such patient in as timely a manner as possible, or (B) amounts paid by an eligible patient for taxable active opioids (as defined in section 4192(b) of such Code) are discounted at time of payment or purchase to ensure that such patient does not pay any amount attributable to such tax, with as little burden on the patient as possible. The Secretary shall choose whichever of the options described in subparagraph (A) or (B) is, in the Secretary's determination, most effective and efficient in ensuring eligible patients face no economic burden from such tax. (2) Eligible patient.--For purposes of this section, the term ``eligible patient'' means-- (A) a patient for whom any taxable active opioid (as so defined) is prescribed to treat pain relating to cancer or cancer treatment; (B) a patient participating in hospice care; and (C) in the case of the death or incapacity of a patient described in subparagraph (A) or (B) or any similar situation as determined by the Secretary of Health and Human Services, the appropriate family member, medical proxy, or similar representative or the estate of such patient. SEC. 3. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE. (a) Grants to States.--Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x-21(b)) is amended by inserting ``, and, as applicable, for carrying out section 1923A'' before the period. (b) Nonapplicability of Prevention Program Provision.--Section 1922(a)(1) of the Public Health Service Act (42 U.S.C. 300x-22(a)(1)) is amended by inserting ``except with respect to amounts made available as described in section 1923A,'' before ``will expend''. (c) Opioid Treatment Programs.--Subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1923 the following: ``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS. ``A funding agreement for a grant under section 1921 is that the State involved shall provide that any amounts made available by any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4192 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as described in section 1933(a)(1)(B)(i)) be used exclusively for substance abuse (including opioid abuse) treatment efforts in the State, including treatment programs-- ``(1) establishing new addiction treatment facilities, residential and outpatient, including covering capital costs; ``(2) establishing sober living facilities; ``(3) recruiting and increasing reimbursement for certified mental health providers providing substance abuse treatment in medically underserved communities or communities with high rates of prescription drug abuse; ``(4) expanding access to long-term, residential treatment programs for opioid addicts (including 30-, 60-, and 90-day programs); ``(5) establishing or operating support programs that offer employment services, housing, and other support services to help recovering addicts transition back into society; ``(6) establishing or operating housing for children whose parents are participating in substance abuse treatment programs, including capital costs; ``(7) establishing or operating facilities to provide care for babies born with neonatal abstinence syndrome, including capital costs; and ``(8) other treatment programs, as the Secretary determines appropriate.''. (d) Additional Funding.--Section 1933(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is amended by inserting ``, plus any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4192 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act'' before the period. SEC. 4. REPORT. Not later than 2 years after the date described in section 2(c), the Secretary of Health and Human Services shall submit to Congress a report on the impact of the amendments made by sections 2 and 3 on-- (1) the retail cost of taxable active opioids (as defined in section 4192 of the Internal Revenue Code of 1986, as added by section 2); (2) patient access to such opioids, particularly cancer and hospice patients, including the effect of the discount or rebate on such opioids for cancer and hospice patients under section 2(d); (3) how the increase in revenue to the Treasury resulting from the enactment of section 4192 of the Internal Revenue Code of 1986 is used to improve substance abuse treatment efforts in accordance with section 1923A of the Public Health Service Act (as added by section 3); and (4) suggestions for improving-- (A) access to opioids for cancer and hospice patients; and (B) substance abuse treatment efforts under such section 1923A.

Budgeting for Opioid Addiction Treatment Act This bill amends the Internal Revenue Code to impose a one cent per milligram excise tax on the sale of active opioids by the manufacturer, producer, or importer. The tax excludes prescription drugs used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. The Department of Health and Human Services (HHS) must establish a program to provide rebates or discounts to cancer and hospice patients to ensure that they do not pay the tax. The bill amends the Public Health Service Act to require any increase in federal revenues from the tax after rebates and discounts are subtracted to be distributed to states under the Substance Abuse Prevention and Treatment Block Grant program to be used exclusively for substance abuse (including opioid abuse) efforts in the states, including specified treatment programs. HHS must report to Congress on the impact of this bill on the retail cost of opioids and patient access to opioid medication, the effectiveness of the discount or rebate for cancer and hospice patients, how the funds are being used to improve substance abuse treatment efforts, and suggestions for improving access to opioids for cancer and hospice patients and substance abuse treatment efforts.

Budgeting for Opioid Addiction Treatment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``DSHEA Full Implementation and Enforcement Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 158,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements reached a reported $17,100,000,000 in 2000, double the amount spent in 1994. (3) According to a recent report issued by the Food and Drug Administration (in this Act referred to as the ``FDA'') the use of dietary supplements is likely to grow due to factors such as the aging of the baby boom generation, increased interest in self-sufficiency, and advances in science that are uncovering new relationships between diet and disease. (4) In 1994, the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417) (in this Act referred to as ``DSHEA'') was enacted. This Act balanced continued consumer access to vitamins, minerals, and other dietary supplements, increased scientific research on the benefits and risks of dietary supplements, public education on dietary supplements, and needed consumer protections. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non- misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA provides for good manufacturing practice standards setting requirements for potency, purity, sanitary conditions, and recordkeeping for dietary supplements. (7) DSHEA requires that manufacturers submit adequate information as to the safety of any new ingredients contained in dietary supplements before those products can be sold. (8) The FDA has updated and expanded its system for the reporting, collection, and analysis of dietary supplement adverse events reports. (9) DSHEA provides the FDA with a number of authoritites to remove unsafe dietary supplements from the marketplace. (10) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. (11) The FDA has not adequately used its authority to enforce DSHEA. (12) The FDA needs adequate resources to appropriately implement and enforce DSHEA. Congress has appropriated additional funds over the last several years beyond those requested in the President's budget to implement and enforce DSHEA, reaching $9,700,000 in fiscal year 2003. (13) However, according to the FDA, full implementation of DSHEA would require substantial additional resources. The FDA asserts that between $24,000,000 and $65,000,000 per year will be needed to fully implement DSHEA. SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)-- (1) $20,000,000 for fiscal year 2005; (2) $30,000,000 for fiscal year 2006; (3) $40,000,000 for fiscal year 2007; (4) $50,000,000 for fiscal year 2008; and (5) $65,000,000 for fiscal year 2009. (b) Appropriation of Funds for Fiscal Year 2005.--There are appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), $20,000,000 for fiscal year 2005. (c) Office of Dietary Supplements.--There are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health-- (1) $30,000,000 for fiscal year 2005; and (2) such sums as may be necessary for each of the fiscal years 2006 through 2009. (d) Use of Funds.--The Food and Drug Administration shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements. SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY SUPPLEMENTS. (a) In General.--Not later than January 31, 2005, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417). (b) Contents.--The report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency's response. (9) The number of dietary supplement claims determined to be false, misleading, or nonsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary of Health and Human Services or the Commissioner of Food and Drugs.

DSHEA Full Implementation and Enforcement Act of 2004 - Makes appropriations for FY 2005, and authorizes appropriations for FY 2005 through 2009: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA), the amendments made by DSHEA, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health. Directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) fully and appropriately use such funds to regulate dietary supplements; and (2) report annually on DSHEA implementation and enforcement.

To ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Health Care Coalition Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a 2002 survey conducted by the Henry J. Kaiser Family Foundation, 95 percent of the Americans who receive their health care coverage through their employer are enrolled in a managed health care plan, up from 27 percent in 1987. Serious questions have been raised about the quality of care patients are receiving under these plans. (2) Changes in the health care industry have led to an increased concentration of health care plans, including approximately 177 mergers in the last 13 years. This enhanced concentration has given health care plans significant leverage over health care providers and patients. (3) Antitrust laws which prohibit health care professionals from negotiating freely with health care plans infringe on the health care professionals' constitutionally-protected rights of freedom of association and contract. (4) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will create a more equal balance of negotiating power, will promote cooperation, and will enhance the quality of patient care. (5) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will not change the professionals ethical duty to continue to provide medically necessary care to their patients. SEC. 3. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE PROFESSIONALS NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any health care professionals who are engaged in negotiations with a health plan regarding the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be exempt from the Federal antitrust laws. (b) Limitation.-- (1) No new right for collective cessation of service.--The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in national labor relations act.--This section applies only to health care professionals excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (c) No Application to Federal Programs.--Nothing in this section shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under any of the following: (1) The medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) The medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (4) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (5) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (6) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (7) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (d) Definitions.--For purposes of this section: (1) Federal antitrust laws.--The term ``Federal antitrust laws'' has the meaning the term ``antitrust laws'' in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. (2) Health plan and related terms.-- (A) In general.--The term ``health plan'' means a group health plan or a health insurance issuer that is offering health insurance coverage. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Health care professional.--The term ``health care professional'' means an individual who provides health care items or services, treatment, assistance with activities of daily living, or medications to patients and who, to the extent required by State or Federal law, possesses specialized training that confers expertise in the provision of such items or services, treatment, assistance, or medications.

Quality Health Care Coalition Act of 2005 - Exempts health care professionals that are negotiating with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided from federal antitrust laws in connection with such negotiations. Declares that this Act: (1) applies only to health care professionals excluded from the National Labor Relations Act; and (2) does not apply to such negotiations relating to Medicare or Medicaid programs, the State Children's Health Insurance Program (SCHIP), medical and dental care for members of the uniformed services, veterans' medical care, the federal employees health benefits program, or the Indian Health Care Improvement Act.

To ensure and foster continued patient safety and quality of care by exempting health care professionals from the Federal antitrust laws in their negotiations with health plans and health insurance issuers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Interoperability Implementation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Following the tragic events of September 11, 2001, the need for interoperable communications for public safety became even more apparent, and critical to address. (2) The inability of many firefighters and police to communicate with each other in the World Trade Centers led to some loss of lives that perhaps could have been prevented. (3) As demonstrated by a hearing by the Committee on Energy and Commerce of the House of Representatives, Subcommittee on Telecommunications and the Internet, on June 11, 2003, interoperability problems and spectrum and equipment shortages continue to plague our nation's first responders, and without additional funding these problems will continue. (4) Action is critical to address these shortages not only to ensure readiness in the event of another terrorist attack, but also to address daily communications needs that are essential. (5) Each day this Nation's public safety officers put their lives on the line to serve this country and immediate increases in funding are essential. (6) According to the report by the Council on Foreign Relations, the United States is drastically underfunding local emergency responders, and remains dangerously unprepared to handle a catastrophic attack on American soil. SEC. 3. PUBLIC SAFETY TRUST FUND. Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following new section: ``SEC. 106. PUBLIC SAFETY TRUST FUND. ``(a) Establishment.-- ``(1) Fund established.--There is hereby established in the Treasury of the United States the Public Safety Communications Trust Fund. ``(2) Deposits.--The Fund shall consist of-- ``(A) the amounts appropriated pursuant to subsection (f); and ``(B) 50 percent of the proceeds of any auction conducted pursuant to section 309(j) of the Communications Act of 1934 for any bands of frequencies other than those described in paragraph (3), except that such percentage may be reduced in accordance with paragraph (4). ``(3) Excepted frequencies.--The bands of frequencies described in this paragraph are the following: ``(A) the 216-220 megahertz band, the 1432-1435 megahertz band, the 1710-1755 megahertz band, and the 2385-2390 megahertz band of frequencies; and ``(B) any other band of frequencies reallocated from Federal use to non-Federal use after January 1, 2003, that is assigned by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), except for bands of frequencies previously identified by the National Telecommunications and Information Administration in the Spectrum Reallocation Final Report, NTIA Special Publication 95-32 (1995). ``(4) Reduction of percentage.--If the board of directors submits to the Congress a statement that-- ``(A) projects that the future needs for grants under subsection (c) has been reduced to the extent that the percentage specified in paragraph (2) is likely to yield a surplus in the fund beyond the amounts needed to meet such needs, and ``(B) specifies a lower percentage that the board estimates to be sufficient to meet such needs (without yielding a surplus), paragraph (2) shall be applied to any auction subject to such paragraph that is conducted after the date of submission of such statement by substituting such lower percentage for 50 percent. ``(5) Fund availability.-- ``(A) Appropriation.--There are hereby appropriated from the Fund such sums as are authorized by the board to be disbursed for grants under this section. ``(B) Reversion of unused funds.--Any grant proceeds that remain unexpended at the end of the grant period as determined under subsection (c)(3) shall revert to and be deposited in the Fund. ``(b) Board of Directors.-- ``(1) Establishment.--The Fund shall be administered by the Administrator of the NTIA, in consultation with a board of directors comprised of 5 members, appointed by the Secretary, with experience in one or more of the following fields: grant and investment management; communications equipment and software applications; and public safety and emergency response. The board shall consult with, or include a member or members from, the Department of Homeland Security. ``(2) Functions.--The board shall-- ``(A) establish the reasonable and prudent criteria for the selection of the grant recipients under this section; ``(B) determine the amount of the grants awarded; and ``(C) review the use of funds made by such grant recipients. ``(3) Compensation prohibited; expenses provided.--The members of the board shall serve without compensation, but may, from appropriated funds available for the administrative expenses of the NTIA, receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(c) Purpose and Activities of the Trust.-- ``(1) Grant purposes.--In order to achieve the objectives and carry out the purposes of this part, the Administrator is authorized to make grants, from amounts deposited pursuant to subsection (a)(2) and from the interest or other income on the Fund, to implement interoperability and modernization (including equipment upgrades) for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by State and local government agencies and instrumentalities and nonprofit organizations. ``(2) Grant preference for broader scope of interoperability.--In making grants from the Fund, the Administrator shall give preference to eligible entities that are proposing inter-agency or regional and multi-jurisdictional interoperability. ``(3) Grant availability.--Grants from the Fund shall be made available on a single or multi-year basis to facilitate long term planning and training. ``(d) Eligible Entities.--The following organizations and entities are eligible to apply for funds under this section: ``(1) an agency or instrumentality of a State or local government of the United States (including an agency or instrumentality of a territory or possession of the United States); and ``(2) a nonprofit agency or organization that is exempt from taxes under section 501(c)(3) of the Internal Revenue Code of 1986 and that performs a public safety function, as determined by the Administrator. ``(e) Permissible Uses of Funds.--Amounts made available by grant from the fund may be used by eligible entities for equipment, training, planning, and research for the purposes of upgrading communications and the interoperability of communications used in public safety, fire, emergency, law enforcement, and crisis management. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Fund $500,000,000 for fiscal year 2004 and each of the 2 succeeding fiscal years. ``(g) Reports.-- ``(1) By grant recipients.--Each grant recipient shall submit to the Administrator and the board a report on the use of the funds provided by the grant, and on the progress made with respect to the improvement of the grant recipient's communications capabilities. ``(2) By administrator.--The Administrator shall annually submit to the Congress a report on the operations of the Fund and the grants made by the Funds. Such report shall include-- ``(A) an identification of the grants made, the recipients thereof, and the planned uses of the amounts made available; ``(B) a financial report on the operations and condition of the Fund; and ``(C) a description of the results of the use of funds provided by grants under this section, including the status of interoperability implementation by the grant recipients. ``(h) Regulations.--The Administrator may prescribe such regulations as may be necessary and appropriate to carry out this section. ``(i) Definitions.--As used in this section-- ``(1) the term `the Fund' means the Public Safety Communications Trust Fund established pursuant to subsection (a); and ``(2) the term `the board' means the board of directors established pursuant to subsection (b).''.

Public Safety Interoperability Implementation Act - Amends the National Telecommunications and Information Administration Organization Act to establish in the Treasury the Public Safety Communications Trust Fund, to be funded through authorizations of appropriations and proceeds from the sale of certain bands of Government-owned broadcast spectrum. Requires the Administrator of the National Telecommunications and Information Administration to administer the Fund. Authorizes the Administrator to make grants to implement interoperability and modernization for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by State and local government agencies and instrumentalities and nonprofit organizations.

To establish a permanent grant program to improve public safety communications and the interoperability of emergency communications equipment.

SECTION 1. FINDINGS. Congress makes the following findings: (1) On January 19, 1942, 6 weeks after the December 7, 1941, attack on Pearl Harbor by the Japanese Navy, the United States Army discharged all Japanese-Americans in the Reserve Officers Training Corps and changed their draft status to ``4C''--the status of ``enemy alien'' which is ineligible for the draft. (2) On January 23, 1942, Japanese-Americans in the military on the mainland were segregated out of their units. (3) Further, on May 3, 1942, General John L. DeWitt issued Civilian Exclusion Order No. 346, ordering all people of Japanese ancestry, whether citizens or noncitizens, to report to assembly centers, where they would live until being moved to permanent relocation centers. (4) On June 5, 1942, 1,432 predominantly Nisei (second generation Americans of Japanese ancestry) members of the Hawaii Provisional Infantry Battalion were shipped from the Hawaiian Islands to Oakland, CA, where the 100th Infantry Battalion was activated on June 12, 1942, and then shipped to train at Camp McCoy, Wisconsin. (5) The excellent training record of the 100th Infantry Battalion and petitions from prominent civilian and military personnel helped convince President Roosevelt and the War Department to re-open military service to Nisei volunteers who were incorporated into the 442nd Regimental Combat Team after it was activated in February of 1943. (6) In that same month, the 100th Infantry Battalion was transferred to Camp Shelby, Mississippi, where it continued to train and even though the battalion was ready to deploy shortly thereafter, the battalion was refused by General Eisenhower, due to concerns over the loyalty and patriotism of the Nisei. (7) The 442nd Regimental Combat Team later trained with the 100th Infantry Battalion at Camp Shelby in May of 1943. (8) Eventually, the 100th Infantry Battalion was deployed to the Mediterranean and entered combat in Italy on September 26, 1943. (9) Due to their bravery and valor, members of the Battalion were honored with 6 awards of the Distinguished Service Cross in the first 8 weeks of combat. (10) The 100th Battalion fought at Cassino, Italy in January, 1944, and later accompanied the 34th Infantry Division to Anzio, Italy. (11) In May and June of 1944, the battalion was joined by the 442nd Regimental Combat Team, and helped push the German Army north of Rome. (12) The battalion was awarded the Presidential Unit Citation for its actions in battle on June 26-27, 1944. (13) On August 14th, 1944, the 100th Infantry Battalion was formally made an integral part of the 442nd Regimental Combat Team, and fought for the last 9 months of the war with distinction in Italy, southern France, and Germany. (14) The 442nd Regimental became the most decorated unit in United States military history for its size and length of service. (15) The 442nd Regimental Combat Team, and members of the team, received 7 Presidential Unit Citations, 21 Medals of Honor, 52 Distinguished Service Crosses, 560 Silver Stars, 4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's Medals, and nearly 10,000 Purple Hearts, among numerous additional distinctions. (16) The United States remains forever indebted to the bravery, valor, and dedication to country these men faced while fighting a 2-fronted battle of discrimination at home and fascism abroad. (17) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion and 442nd Regimental Combat Team, collectively, in recognition of their dedicated service during World War II.

To grant the congressional gold medal, collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, in recognition of their dedicated service during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Free Choice Act of 2007''. SEC. 2. STREAMLINING UNION CERTIFICATION. (a) In General.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and ``(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.''. (b) Conforming Amendments.-- (1) National labor relations board.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to issue certifications as provided for in that section,''. (2) Unfair labor practices.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (7)(B) by striking ``, or'' and inserting ``or a petition has been filed under section 9(c)(6), or''; and (B) in paragraph (7)(C) by striking ``when such a petition has been filed'' and inserting ``when such a petition other than a petition under section 9(c)(6) has been filed''. SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. ``(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''. SEC. 4. STRENGTHENING ENFORCEMENT. (a) Injunctions Against Unfair Labor Practices During Organizing Drives.-- (1) In general.--Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended-- (A) in the second sentence, by striking ``If, after such'' and inserting the following: ``(2) If, after such''; and (B) by striking the first sentence and inserting the following: ``(1) Whenever it is charged-- ``(A) that any employer-- ``(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; ``(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or ``(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or ``(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B) or (C) of section 8(b)(4), section 8(e), or section 8(b)(7); the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.''. (2) Conforming amendment.--Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting ``under circumstances not subject to section 10(l)'' after ``section 8''. (b) Remedies for Violations.-- (1) Backpay.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking ``And provided further,'' and inserting ``Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,''. (2) Civil penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (A) by striking ``Any'' and inserting ``(a) Any''; and (B) by adding at the end the following: ``(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsections (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.''.

Employee Free Choice Act of 2007- Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.

A bill to amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.