Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Safety and Child Protection
Act of 2005''.

SEC. 2. PURPOSE.

    The purpose of this Act is to--
            (1) set tighter age verification standards to block minors
        from entering Internet pornography sites; and
            (2) provide funding and support to law enforcement efforts
        to combat Internet and pornography-related crimes against
        children.

                   TITLE I--CHILD PROTECTION EFFORTS

SEC. 101. AGE VERIFICATION REQUIREMENT.

    (a) In General.--An operator of a regulated pornographic Web site
shall verify that any user attempting to access their site is 18 years
of age or older using software certified for that purpose by the
Commission.
    (b) Requirement.--The age verification required by this section
shall take place prior to the display of any pornographic material,
including free content that may be available prior to the purchase of a
subscription or product.

SEC. 102. CREDIT CARD REQUIREMENT.

    A bank, credit card company, third-party merchant, Internet payment
service provider, or business that performs financial transactions for
a regulated pornographic Web site shall only process age-verified
Internet pornography credit card transactions for sales carried out in
accordance with this title.

SEC. 103. COMMISSION REQUIREMENT.

    The Commission shall--
            (1) require each regulated pornographic Web site to--
                    (A) use appropriate age-screening software to carry
                out this title; and
                    (B) use that software correctly and consistently
                through such means as conducting periodic tests trying
                to access the Web site without appropriate age
                verifications; and
            (2) in coordination with the Department of Justice and
        other Federal agencies, maintain a list of regulated
        pornographic Web sites that are not in compliance with section
        101.

SEC. 104. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of section
101 shall be treated as a violation of section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices.
    (b) Powers of Commission.--The Commission shall issue and enforce
the regulations for the enforcement of section 101 in the same manner,
by the same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this title. Any person who violates such regulations shall be
subject to the penalties provided in that title.

SEC. 105. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Regulated pornographic web site.--The term ``regulated
        pornographic Web site'' means a person required to maintain
        documents verifying the age of persons engaged in sexually
        explicit conduct pursuant to section 2257(a) of title 18,
        United States Code.

                 TITLE II--FUNDING FOR CHILD PROTECTION

                         Subtitle A--Excise Tax

SEC. 201. EXCISE TAX ON INTERNET DISPLAY OR DISTRIBUTION OF
              PORNOGRAPHY.

    (a) In General.--Chapter 33 of the Internal Revenue Code of 1986
(relating to facilities and services) is amended by inserting after
subchapter C the following new subchapter:

    ``Subchapter D--Internet Display or Distribution of Pornography

        ``Sec. 4285. Internet display or distribution of pornography.

``SEC. 4285. INTERNET DISPLAY OR DISTRIBUTION OF PORNOGRAPHY.

    ``(a) Imposition of Tax.--There is imposed on amounts charged by a
regulated pornographic Web site for individuals to receive the display
or distribution of pornography through the Internet a tax equal to 25
percent of the amounts so charged.
    ``(b) Payment of Tax.--The tax imposed by this section shall be
paid by the operator of the regulated pornographic Web site receiving
payment for the display or distribution taxed under subsection (a).
    ``(c) Definitions.--In this section:
            ``(1) Pornography.--The term `pornography' has the same
        meaning as defined in section 2256(2) of title 18, United
        States Code.
            ``(2) Regulated pornographic web site.--The term `regulated
        pornographic Web site' has the same meaning as defined in
        section 105 of the Internet Safety and Child Protection Act of
        2005.''.
    (b) Conforming Amendment.--The table of subchapters for chapter 33
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new item:
   ``subchapter d--internet display or distribution of pornography''.
    (c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006.

                 Subtitle B--Child Protection Programs

SEC. 211. TRUST FUND.

    (a) In General.--There is established in the Treasury the Internet
Safety and Child Protection Trust Fund (referred to in this subtitle as
the ``trust fund'') into which shall be deposited all taxes collected
under section 4285 of the Internal Revenue Code of 1986.
    (b) Availability of Amounts.--Amounts deposited into the trust fund
shall be available to carry out the programs provided in section 212,
subject to annual appropriations.

SEC. 212. FUNDING FOR CHILD INTERNET SAFETY AND PROTECTION PROGRAMS.

    (a) Priorities.--Amounts available in the trust fund shall be
allocated on a priority basis as follows:
            (1) Enforcement of this act.--The first priority for the
        use of amounts in the trust fund shall be to provide funding
        for the appropriate Federal agencies to carry out the
        enforcement of sections 103, 104, and 201 of this Act. Funding
        may also be used to promote the development of technology that
        would facilitate the enforcement of this Act.
            (2) Department of justice cyber tip-line.--The second
        priority for the use of amounts in the trust fund shall be to
        provide funds to the Office of Juvenile Justice and Delinquency
        Prevention to ensure that the congressionally-mandated cyber
        tip line is fully operational and staffed 24 hours a day.
            (3) Internet crimes against children task force.--The third
        priority for the use of amounts in the trust fund shall be to
        provide funds to States to support 1 Internet Crimes Against
        Children Task Force center per 5,000,000 State residents, with
        each State receiving sufficient funding to support at least 1
        center and no State receiving funding for more than 7 centers.
            (4) Research and development grants.--
                    (A) In general.--The fourth priority for the use of
                amounts in the trust fund is to establish a competitive
                grant process for companies and other organizations who
                work in the technology field to support the research
                and development into new filtering technologies that
                will help parents control children's access to
                inappropriate content via wireless and other emerging
                technologies.
                    (B) Set aside.--The Attorney General shall allocate
                up to 10 percent of annual trust fund revenues to award
                a minimum of 15 research and development grants under
                this paragraph.
            (5) Educational training.--
                    (A) In general.--The fifth priority for the use of
                amounts in the trust fund shall be to provide relevant
                State agencies with funds to support educational
                training contributing to greater child Internet safety
                and reductions in sex trafficking and sex crimes
                against children.
                    (B) Conditions.--The program authorized by this
                paragraph shall be carried out subject to the following
                conditions:
                            (i) States shall receive funding amounting
                        to $1 for every resident, with a minimum of
                        $1,000,000 for each State.
                            (ii) 25 percent of each State's funding
                        shall go to the State education agency to
                        support State and local programs providing
                        child Internet safety training to teachers.
                            (iii) 30 percent of each State's funding
                        shall go to the State Attorneys' General office
                        to support child Internet safety training for
                        law enforcement, as well as training that
                        enhances the capacity of law enforcement to
                        combat sex trafficking and sex crimes against
                        children.
                            (iv) 10 percent of each State's funding
                        shall be allocated to the Governor's office to
                        develop and implement a coordinated State child
                        internet safety strategy.
                            (v) 35 percent of the State funding shall
                        go to the relevant State agency to support
                        Public Service Announcements promoting child
                        Internet safety.
            (6) Remaining amounts.--After fully funding the priorities
        established in paragraphs (1) through (5) for a fiscal year any
        remaining amounts shall be allocated as follows:
                    (A) Federal agency support.--50 percent of
                remaining amounts shall be used to provide funding to
                support child Internet safety activities, as well as
                activities combating sex trafficking and sex crimes
                against children, on the part of the following Federal
                Agencies:
                            (i) Department of Justice.
                            (ii) Department of Commerce.
                            (iii) Department of Defense.
                            (iv) Department of Education.
                            (v) Department of Health and Human
                        Services.
                            (vi) Department of State.
                            (vii) Department of Homeland Security.
                            (viii) Department of the Treasury.
                            (ix) Department of Agriculture.
                            (x) United States Postal Service.
                            (xi) Federal Trade Commission.
                            (xii) Federal Communications Commission.
                            (xiii) National Aeronautics and Space
                        Administration.
                    (B) Private entities.--
                            (i) In general.--50 percent of remaining
                        amounts shall be allocated through a
                        competitive grant process to international and
                        domestic nongovernmental organizations and not-
                        for profits, to support work promoting child
                        Internet safety and combating sex trafficking
                        and sex crimes against children.
                            (ii) Details.--The Attorney General shall--
                                    (I) publish guidance in the Federal
                                Register describing the variety and
                                scope of organizational work to be
                                funded under this subparagraph in a
                                fiscal year and soliciting grant
                                proposals under this subparagraph; and
                                    (II) allocate funds on the basis of
                                a competitive grant process.
                            (iii) Funding limit.--For every $1
                        allocated for international work under this
                        subparagraph, the Attorney General shall
                        allocate $2.5 dollars for domestic work.
    (b) Grant Programs.--
            (1) In general.--The Attorney General shall carry out this
        section.
            (2) Terms and conditions.--The Attorney General shall
        prescribe the terms and conditions for grant applications and
        awards under this section.

SEC. 213. DEFICIT REDUCTION.

    Amounts remaining in the trust fund after the programs authorized
in section 212 are funded shall be returned to the Treasury and applied
to deficit reduction.

Output:
Internet Safety and Child Protection Act of 2005 - Requires: (1) an operator of a regulated pornographic website to verify (using Federal Trade Commission (FTC)-certified software) that any user attempting to access its site is age 18 or older; (2) a bank, credit card company, third-party merchant, Internet payment service provider, or business that performs financial transactions for such a website to only process age-verified Internet pornography credit card transactions; (3) the FTC to require use of appropriate age-screening software and maintain a list of websites that do not comply; and (4) violations of the age verification requirement to be treated as a Federal Trade Commission Act violation.

Amends the Internal Revenue Code to impose upon the operator of a regulated pornographic website for any Internet pornography display or distribution a tax equal to 25 percent of the amounts charged.

Establishes in the Treasury the Internet Safety and Child Protection Trust Fund into which such taxes shall be deposited. Requires Fund amounts to be allocated (in order of priority) for: (1) federal agencies to enforce this Act; (2) the Office of Juvenile Justice and Delinquency Prevention to ensure that the cyber tip line is fully operational and staffed 24 hours a day; (3) states to support Internet Crimes Against Children Task Forces; (4) companies to support research and development into new filtering technologies; (5) state agencies to support educational training; and (6) specified federal agencies, nongovernmental organizations, and nonprofits to support child Internet safety activities, including combating sex trafficking and sex crimes against children.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Up Infrastructure and
Limiting Disasters through Resilience Act of 2017'' or the ``BUILD
Resilience Act of 2017''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a unit of general local government;
                    (C) an Indian tribe; or
                    (D) a regional entity comprised of entities
                described in subparagraph (A), (B), or (C).
            (2) National center.--The term ``National Center'' means
        the National Research Center for Resilience established under
        section 4.
            (3) Resilience.--The term ``resilience'' means the ability
        to prepare and plan for, absorb, recover from, and more
        successfully adapt to disasters, chronic stresses, and acute
        shocks, including any hurricane, tornado, storm, high water,
        recurrent flooding, wind-driven water, tidal wave, tsunami,
        earthquake, volcanic eruption, fire, landslide, mudslide,
        snowstorm, or drought.
            (4) Resilience grant.--The term ``resilience grant'' means
        a grant awarded under section 3.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
            (6) State; unit of general local government; indian
        tribe.--The terms ``State'', ``unit of general local
        government'', and ``Indian tribe'' have the meanings given such
        terms in section 102 of the Housing and Community Development
        Act of 1974 (42 U.S.C. 5302).

SEC. 3. COMMUNITY RESILIENCE GRANT PROGRAM.

    (a) Authority.--The Secretary of Housing and Urban Development
shall carry out a Community Resilience Grant Program under this section
to provide assistance to communities for increasing resilience to
chronic stresses and acute shocks, including improving long-term
resilience of infrastructure and housing.
    (b) Grantees.--Grant amounts shall be awarded on a competitive
basis, as provided under section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible
entities, within whose boundaries or jurisdictions are located any area
for which a major disaster was declared pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), during the 5-year period ending upon the date on which
the eligible entity submits an application for such a grant.
    (c) Eligible Activities.--
            (1) In general.--Amounts from a resilience grant may be
        used only for activities authorized under either section 105 or
        108 of the Housing and Community Development Act of 1974 (42
        U.S.C. 5305, 5308), but not including activities under
        paragraphs (9) and (10) of such section 105(a).
            (2) Consultation.--The Secretary shall consult with the
        Administrator of the Federal Emergency Management Agency, the
        Chief of Engineers and Commanding General of the United States
        Army Corps of Engineers, the Administrator of the Environmental
        Protection Agency, and the Secretary of Transportation before
        awarding a resilience grant to ensure that there is no
        duplication of assistance with respect to activities carried
        out with amounts provided from a resilience grant.
    (d) Matching Requirement.--
            (1) In general.--The Secretary shall require each recipient
        of a resilience grant to supplement the amounts of the grant
        with an amount of funds from non-Federal sources that is not
        less than 50 percent of the amount of the resilience grant.
            (2) Form of non-federal share.--Supplemental funds provided
        under paragraph (1) may include any non-monetary, in-kind
        contributions in connection with activities carried out under
        the plan approved under subsection (e) for the grant recipient.
    (e) Application; Selection; Selection Criteria; Plans.--
            (1) Applications.--
                    (A) Requirement.--The Secretary shall provide for
                eligible entities to submit applications for resilience
                grants.
                    (B) Plans for use of grant funds.--The Secretary
                shall require each application for a resilience grant
                to include a plan detailing the proposed use of all
                grant funds, including how the use of such funds will
                address long-term resilience of infrastructure and
                housing.
            (2) Review and selection; criteria for selection.--
                    (A) Competition.--Resilience grants shall be
                awarded on a competitive basis and the Secretary shall
                establish and utilize a transparent, reliable, and
                valid system for reviewing and evaluating applications
                for resilience grants, in accordance with section 102
                of the Department of Housing and Urban Development
                Reform Act of 1989 (42 U.S.C. 3545).
                    (B) Criteria.--The Secretary shall establish, by
                notice, and utilize criteria for selecting applications
                to be funded under this section, which shall--
                            (i) be based primarily on a determination
                        of greatest need, as such term is defined by
                        the Secretary;
                            (ii) provide due consideration to other
                        enumerated factors, including the ability of
                        the plan for use of grant funds required under
                        paragraph (1)(B) to increase an applicant's
                        resilience, and the capacity of the applicant
                        to successfully implement the activities
                        described in such plan;
                            (iii) provide that the Secretary shall
                        consider that an application that includes a
                        plan for use of grant funds that consists of a
                        resilience or mitigation plan previously
                        approved by another Federal agency, including a
                        hazard mitigation plan developed under section
                        322 of the Robert T. Stafford Disaster Relief
                        and Emergency Assistance Act (42 U.S.C. 5165),
                        shall be sufficient for purposes of paragraph
                        (1)(B) if, together with such plan, the
                        applicant includes a detailed description
                        regarding use of all grant funds provided under
                        this section;
                            (iv) give consideration to the need for
                        resilience grants to be awarded to eligible
                        entities in each region of the United States;
                        and
                            (v) give consideration to applicants whose
                        plans submitted under paragraph (1)(B) propose
                        innovative approaches to increasing community
                        resilience to extreme weather, including
                        increasing long-term resilience of
                        infrastructure and housing and economic
                        resilience.
    (f) Administration; Treatment as CDBG Funds.--Except as otherwise
provided by this Act, amounts appropriated, revenues generated, or
amounts otherwise made available to eligible entities under this
section shall be treated as though such funds were community
development block grant funds under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
    (g) Environmental Reviews.--
            (1) Assumption of responsibilities.--
                    (A) In general.--In order to ensure that the
                policies of the National Environmental Policy Act of
                1969 (42 U.S.C. 4321 et seq.), and other provisions of
                law which further the purposes of such Act (as
                specified in regulations issued by the Secretary) are
                most effectively implemented in connection with the
                expenditure of funds under this section, and to assure
                to the public undiminished protection of the
                environment, the Secretary, in lieu of the
                environmental protection procedures otherwise
                applicable, may under regulations provide for the
                release of funds for particular projects to recipients
                of resilience grants who assume all of the
                responsibilities for environmental review,
                decisionmaking, and action pursuant to such Act, and
                such other provisions of law as the regulations of the
                Secretary specify, that would apply to the Secretary
                were the Secretary to undertake such projects as
                Federal projects.
                    (B) Consultation.--The Secretary shall issue
                regulations to carry out this paragraph only after
                consultation with the Council on Environmental Quality.
            (2) Submission of certification.--
                    (A) In general.--The Secretary shall approve the
                release of funds for projects subject to the procedures
                authorized by this subsection only if, at least 15 days
                prior to such approval and prior to any commitment of
                funds to such projects other than for purposes
                authorized by section 105(a)(12) of the Housing and
                Community Development Act of 1974 (42 U.S.C.
                5305(a)(12)), or for environmental studies, the
                recipient of a resilience grant has submitted to the
                Secretary a request for such release accompanied by a
                certification which meets the requirements of paragraph
                (3).
                    (B) Satisfaction of environmental laws.--The
                Secretary's approval of any such certification shall be
                deemed to satisfy the Secretary's responsibilities
                under the National Environmental Policy Act of 1969 and
                such other provisions of law as the regulations of the
                Secretary specify insofar as those responsibilities
                relate to the releases of funds for projects to be
                carried out pursuant thereto which are covered by such
                certification.
            (3) Requirements of certification.--A certification under
        the procedures authorized by this subsection shall--
                    (A) be in a form acceptable to the Secretary;
                    (B) be executed by the chief executive officer or
                other officer of the recipient of a resilience grant
                who is qualified under regulations of the Secretary;
                    (C) specify that the recipient of the resilience
                grant has fully carried out its responsibilities as
                described under paragraph (1) of this subsection; and
                    (D) specify that the certifying officer--
                            (i) consents to assume the status of a
                        responsible Federal official under the National
                        Environmental Policy Act of 1969 and each
                        provision of law specified in regulations
                        issued by the Secretary insofar as the
                        provisions of such Act or other such provision
                        of law apply pursuant to paragraph (1) of this
                        subsection; and
                            (ii) is authorized and consents on behalf
                        of the recipient of the resilience grant and
                        the certifying office to accept the
                        jurisdiction of the Federal courts for the
                        purpose of enforcement of his responsibilities
                        as such an official.
            (4) Grants to states.--In the case of a resilience grant
        made to a State--
                    (A) the State shall perform those actions of the
                Secretary described in paragraph (2); and
                    (B) the performance of such actions shall be deemed
                to satisfy the Secretary's responsibilities referred to
                in subparagraph (B) of such paragraph.
            (5) Implementation.--The Secretary shall implement this
        subsection in a manner consistent with the implementation of
        section 104(g) of the Housing and Community Development Act of
        1974 (42 U.S.C. 5304(g)).

SEC. 4. NATIONAL RESEARCH CENTER FOR RESILIENCE.

    (a) Establishment.--The Secretary, acting through the Office of
Policy Development and Research, shall--
            (1) select, on a competitive basis, a single nonprofit
        organization having a national reputation for expertise in
        resilience research and capacity building to develop a National
        Research Center for Resilience; and
            (2) subject only to the availability of amounts provided in
        appropriation Acts, make annual grants of amounts made
        available pursuant to section 7(b)(1) for the establishment and
        operation of the National Center.
    (b) Activities.--The National Center shall--
            (1) collaborate with institutions of higher education as
        partners to create a best practices sharing network to support
        the programs and activities carried out with resilience grants;
            (2) coordinate with any other relevant centers and entities
        throughout the Federal Government on efforts relating to
        improving community resilience:
            (3) collect and disseminate research and other information
        about evidence-based and promising practices related to
        resilience to inform the efforts of research partners and to
        support the programs and activities carried out with resilience
        grants;
            (4) increase the public's knowledge and understanding of
        effective practices to improve regional and community
        resilience throughout the United States; and
            (5) make grants under subsection (d) for Regional Centers
        for Resilience.
    (c) Dissemination of Proven Practices.--The Secretary shall collect
information from the National Center regarding its activities and
research and shall develop, manage, and regularly update an online site
to disseminate proven practices for improving community resilience.
    (d) Grants for Regional Centers for Resilience.--
            (1) Grant program.--The National Center shall carry out a
        program to make grants to institutions of higher education, or
        other non-profit organizations, having a national reputation to
        establish a Regional Center for Resilience in each of the 10
        regions of the Department of Housing and Urban Development, as
        that shall serve as regional research partners with recipients
        of resilience grants that are located in the same geographic
        region as such institution, in collaboration with the National
        Center.
            (2) Support services.--A Regional Center for Resilience
        receiving a grant under this section shall use such grant
        amounts to--
                    (A) provide research support to recipients of
                resilience grants, including support services for data
                collection, general research, and analysis to assess
                the progress of activities carried out with resilience
                grants;
                    (B) provide technical assistance to prospective
                applicants for, and recipients of, resilience grants;
                and
                    (C) collaborate with and share information with the
                National Center.

SEC. 5. ANNUAL PROGRAMS REPORT.

    The Secretary shall annually submit to the Congress, and make
publicly available, a report on the programs carried out under this
Act, which shall evaluate the performance of such programs using the
program performance metrics established under Executive Order 13576 (76
Fed. Reg. 35297), or any subsequent replacement executive order.

SEC. 6. GAO REPORTS.

    (a) Access to Information.--The Comptroller General of the United
States shall have access to all information regarding and generated by
the programs carried out under this Act.
    (b) Reports.--Not later than the expiration of the 2-year period
beginning on the date of the enactment of this Act, and every two years
thereafter, the Comptroller General shall submit to the Congress a
report analyzing and assessing the performance of the programs carried
out under this Act.

SEC. 7. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $1,000,000,000 for each of fiscal
years 2018 through 2022.
    (b) Allocation.--Of any amounts appropriated for each such fiscal
year--
            (1) 1.0 percent shall be available for grants under section
        4;
            (2) 0.1 percent shall be available to the Office of
        Community Planning and Development for necessary costs,
        including information technology costs and salaries and
        expenses, of administering and overseeing funds made available
        for grants under sections 3 and 4; and
            (3) the remainder shall be available for resilience grants
        under section 3.

Output: Building Up Infrastructure and Limiting Disasters through Resilience Act of 2017 or the BUILD Resilience Act of 2017 This bill requires the Department of Housing and Urban Development (HUD) to carry out a Community Resilience Grant Program to provide assistance to communities for increasing resilience to chronic stresses and acute shocks, including by improving long-term resilience of infrastructure and housing. A state, local government, or regional entity is eligible for such a grant if it is located in an area that has been declared a major disaster area within the previous five years. HUD's Office of Policy Development and Research must select and award annual grants to a single nonprofit organization having a national reputation for expertise in resilience research and capacity building to develop, establish, and operate a National Research Center for Resilience. The center shall provide grants to institutions of higher education or other nonprofit organizations to establish a Regional Center for Resilience in each of HUD's 10 regions to serve as regional research partners with recipients of resilience grants.


Input:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Library of Congress Sound Recording
and Film Preservation Programs Reauthorization Act of 2008''.
SEC. 2. SOUND RECORDING PRESERVATION PROGRAMS.
    (a) National Recording Preservation Board.--
        (1) Reauthorization.--
            (A) In general.--Section 133 of the National Recording
        Preservation Act of 2000 (2 U.S.C. 1743) is amended by striking
        ``for each of the first 7 fiscal years beginning on or after
        the date of the enactment of this Act'' and inserting ``for the
        first fiscal year beginning on or after the date of the
        enactment of this Act and each succeeding fiscal year through
        fiscal year 2016''.
            (B) Effective date.--The amendment made by subparagraph (A)
        shall take effect as if included in the enactment of the
        National Recording Preservation Act of 2000.
        (2) Criteria for removal of members.--Section 122(d)(2) of such
    Act (2 U.S.C. 1722(d)(2)) is amended to read as follows:
        ``(2) Removal of members.--The Librarian shall have the
    authority to remove any member of the Board if the member fails,
    after receiving proper notification, to attend (or send a
    designated alternate to attend) a regularly scheduled Board
    meeting, or if the member is determined by the Librarian to have
    substantially failed to fulfill the member's responsibilities as a
    member of the Board.''.
    (b) National Recording Preservation Foundation.--
        (1) Reauthorization.--
            (A) In general.--Section 152411(a) of title 36, United
        States Code, is amended by striking ``for each of the first 7
        fiscal years beginning on or after the date of the enactment of
        this chapter'' and inserting ``for the first fiscal year
        beginning on or after the date of the enactment of this chapter
        and each succeeding fiscal year through fiscal year 2016''.
            (B) Effective date.--The amendment made by subparagraph (A)
        shall take effect as if included in the enactment of the
        National Recording Preservation Act of 2000.
        (2) Permitting board members to serve more than 2 terms.--
    Section 152403(b)(4) of such title is amended by striking the
    second sentence.
        (3) Permitting board to determine location of principal
    office.--
            (A) In general.--Section 152406 of such title is amended by
        striking ``District of Columbia.'' and inserting ``District of
        Columbia or another place as determined by the Board of
        Directors.''.
            (B) Conforming amendment.--Section 152405(b) of such title
        is amended by striking ``District of Columbia,'' and inserting
        ``jurisdiction in which the principal office of the corporation
        is located,''.
        (4) Clarification of limitation on use of funds for
    administrative expenses.--Section 152411(b) of such title is
    amended to read as follows:
    ``(b) Limitation Related to Administrative Expenses.--Amounts
authorized under this section may not be used by the corporation for
management and general or fundraising expenses as reported to the
Internal Revenue Service as part of an annual information return
required under the Internal Revenue Code of 1986.''.
SEC. 3. FILM PRESERVATION PROGRAMS.
    (a) National Film Preservation Board.--
        (1) Reauthorization.--
            (A) In general.--Section 112 of the National Film
        Preservation Act of 1996 (2 U.S.C. 179v) is amended by
        inserting after ``the Librarian'' the following: ``for the
        first fiscal year beginning on or after the date of the
        enactment of this Act and each succeeding fiscal year through
        fiscal year 2016''.
            (B) Conforming amendment.--Section 113 of such Act (2
        U.S.C. 179w) is amended by striking the first sentence.
            (C) Effective date.--The amendments made by this paragraph
        shall take effect as if included in the enactment of the
        National Film Preservation Act of 1996.
        (2) Expanding authorized uses of seal.--Section 103(b) of such
    Act (2 U.S.C. 179m(b)) is amended by adding at the end the
    following: ``The Librarian may authorize the use of the seal by the
    Library or by others for other limited purposes in order to promote
    in the National Film Registry when exhibiting, showing, or
    otherwise disseminating films in the Registry.''.
        (3) Updating names of organizations represented on board.--
    Section 104(a)(1) of such Act (2 U.S.C. 179n(a)(1)) is amended--
            (A) in subparagraph (E), by striking ``Cinema'' and
        inserting ``Cinema and Media'';
            (B) in subparagraph (G), by striking ``Department of Film
        and Television'' and inserting ``Department of Film,
        Television, and Digital Media'';
            (C) in subparagraph (H), by striking ``Film and
        Television'' and inserting ``Cinema Studies''; and
            (D) by amending subparagraph (L) to read as follows:
            ``(L) Screen Actors Guild.''.
    (b) National Film Preservation Foundation.--
        (1) Reauthorization.--Section 151711(a) of title 36, United
    States Code, is amended to read as follows: by inserting after the
    first sentence the following:
    ``(a) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated to
    the Library of Congress amounts necessary to carry out this
    chapter, not to exceed--
            ``(A) $530,000 for each of the fiscal years 2005 through
        2009;
            ``(B) $750,000 for each of the fiscal years 2010 through
        2011; and
            ``(C) $1,000,000 for each of the fiscal years 2012 through
        2016.
        ``(2) Matching.--The amounts authorized to be appropriated
    under this subsection are to be made available to the corporation
    to match any private contributions (whether in currency, services,
    or property) made to the corporation by private persons and State
    and local governments.''.
        (2) Repatriation of films from foreign archives as purpose of
    foundation.--Section 151702(1) of such title is amended by striking
    ``United States;'' and inserting ``United States and the
    repatriation of American films from foreign archives;''.
        (3) Extension of deadline for filling vacancies in membership
    of board of directors.--Section 151703(b)(5) of such title is
    amended by striking ``60 days'' and inserting ``120 days''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008 - Amends the National Recording Preservation Act of 2000 to authorize appropriations through FY2016 for: (1) Library of Congress activities for the maintenance and preservation of sound recordings that are culturally, historically, or aesthetically significant; and (2) the National Recording Preservation Foundation to accept and administer private gifts to promote and ensure the preservation and public accessibility of the nation's sound recording heritage held at the Library of Congress and other public and nonprofit archives.

Revises the standards for removal by the Librarian of Congress of a member of the Library's National Recording Preservation Board.

Allows board members of the National Recording Preservation Foundation to serve more than two consecutive terms.

Amends the National Film Preservation Act of 1996 to authorize appropriations through FY2016 for the Library's National Film Preservation Board. Updates the names of organizations that represent the Board.

Authorizes appropriations to the Library through FY2016 for the National Film Preservation Foundation. Adds to the purposes of the Foundation the encouragement, acceptance, and administration of private gifts to ensure the repatriation of American films from foreign archives.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Huntington's Disease Parity Act of
2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Huntington's Disease is a progressive degenerative
        neurological disease that causes total physical and mental
        deterioration over a 12 to 15 year period. It affects 30,000
        patients and 200,000 individuals are genetically ``at risk'' in
        the United States.
            (2) Huntington's Disease has a triad of clinical features,
        including motor abnormalities, dementia, and disorders of mood
        and perception. While movement disorders are most commonly
        associated with Huntington's Disease, early symptoms are often
        emotional and psychiatric. This may include personality
        changes, irritability, mood swings, depression, obsessive-
        compulsive behavior, inability to concentrate, and decreased
        motivation.
            (3) Because of its incapacitating nature, people with
        Huntington's disease, including those in the early stages of
        the disease, are unable to retain employment. As a result, many
        people with Huntington's Disease rely solely on Social Security
        Disability Income.
            (4) Despite significant advances in medicine and greater
        understanding of disability, the Social Security Administration
        has not comprehensively revised its rules for the medical
        evaluation of neurological disabilities since 1985.
            (5) Because people with Huntington's Disease are frequently
        not employed, many families have lost their employer-provided
        health insurance benefits. As a result, many people with
        Huntington's Disease do not receive necessary treatment during
        the early stages of the disease.
            (6) In 2000, the Centers for Medicaid & Medicare Services
        waived the 24-month waiting period requirement for people
        disabled by ALS (amyotropic lateral sclerosis), a degenerative
        neurological condition similar to Huntington's Disease.

SEC. 3. REVISION OF THE MEDICAL CRITERIA FOR EVALUATING DISABILITY
              CAUSED BY ADULT-ONSET HUNTINGTON'S DISEASE.

    The Commissioner of Social Security shall revise the regulations
prescribed by the Commissioner set forth as Appendix 1 to subpart P of
part 404 of title 20 of the Code of Federal Regulations (relating to
the listing of impairments, published by the Social Security
Administration as ``Disability Evaluation Under Social Security'', and
commonly referred to as the ``Blue Book''), as follows:
            (1) The Commissioner shall insert after 11.00G the
        following:
``H. Huntington's Disease.  Huntington's Disease is an inherited
neuropsychiatric disorder that is progressive and terminates in death
of the affected person. Recovery or remission never occurs. Treatment
is ineffective in terms of halting or slowing the progression of the
disease. The usual age of adult onset is between the ages of 30 and 50,
although the age of adult onset may be younger or older. Incapacitation
occurs relatively early in the course of this debilitating illness with
progression to total disability and dependency for all activities of
daily living. There are three characteristic clinical features: (1)
loss of ability to control bodily movements; (2) loss of ability to
think and act quickly, to learn new material and to remember, and (3)
apathy, personality changes, irritability, mood swings, depression,
anxiety, inability to concentrate, decreased motivation, obsessive-
compulsive disorder, and severe depression. Individuals with
Huntingon's Disease also exhibit poor social judgment and may be
irritable and aggressive. Inability to work is due to a combination of
cognitive disturbance, behavioral or mood changes, poor coordination of
voluntary movements, and the presence of involuntary movements.
Individuals with Huntingon's Disease, even in the relatively early
stages, have particular difficulty with decision-making, multi-tasking,
and performing under time pressure or with the stress of interpersonal
interactions. The course of the disease varies among individuals and
families. The cognitive and behavioral problems may become debilitating
before disorganization of motor functions. For other individuals, the
motor dysfunction may appear first.''.
            (2) The Commissioner shall insert after 11.14 the
        following:
``11.15 Huntington's Disease. With:
            ``A. disorganization of motor function as described in
        11.04B; or
            ``B. chronic brain syndrome. Evaluate under 12.02, 12.04,
        and 12.06.''.
            (3) The Commissioner shall remove the reference in 11.17 to
        ``Huntington's Chorea''.

SEC. 4. REVISION OF THE MEDICAL CRITERIA FOR EVALUATING DISABILITY
              CAUSED BY JUVENILE HUNTINGTON'S DISEASE.

    The Commissioner of Social Security shall revise further the
regulations described in section 3 as follows:
            (1) The Commissioner shall insert after 111.00E the
        following:
``F. Juvenile Huntington's Disease. While there is no symptom or group
of symptoms that are absolutely required for the diagnosis of juvenile
Huntington's Disease, most affected children offer several of the
following features at the time that the diagnosis is made: motor
dysfunction, characterized by rigidity and dystonia, seizures,
declining cognitive function, behavioral or psychiatric problems such
as depression, aggressiveness and impulsiveness, irritability, mood
swings, and obsessions. Huntington's Disease is a hereditary disorder
and individuals with very early onset of Huntington's Disease are far
more likely to have an affected father than an affected mother.''.
            (2) The Commissioner shall insert after 111.09 the
        following:
``111.10. Junvenile Huntington's Disease. With:
            ``A. Motor dysfunction. Evaluate under 111.06; or
            ``B. Behavioral or psychiatric problems. Evaluate under
        112.02, 112.06, and 112.08.''.

SEC. 5. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN
              CASES OF INDIVIDUALS WITH DISABLING HUNTINGTON'S DISEASE.

    (a) In General.--Section 226(h) of the Social Security Act (42
U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by
inserting ``or Huntington's Disease'' after ``amyotrophic lateral
sclerosis (ALS)''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning after the
date of the enactment of this Act.

Output:
Huntington's Disease Parity Act of 2008 - Directs the Commissioner of Social Security to revise the medical criteria for evaluating disability caused by adult-onset and juvenile Huntington's Disease.

Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to eliminate the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington's Disease.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NTIS Elimination Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The National Technical Information Service (referred to
        in this Act as ``NTIS''), the National Archives and Records
        Administration, the Government Accountability Office (referred
        to in this Act as ``GAO''), and the Library of Congress all
        collect, categorize, and distribute government information.
            (2) NTIS was established in 1950, more than 40 years before
        the creation of the Internet.
            (3) NTIS is tasked with collecting and distributing
        government-funded scientific, technical, engineering, and
        business-related information and reports.
            (4) GAO found that NTIS sold only 8 percent of the
        2,500,000 reports in its collection between 1995 and 2000.
            (5) A November 2012 GAO review of NTIS made the following
        conclusions:
                    (A) ``Of the reports added to NTIS's repository
                during fiscal years 1990 through 2011, GAO estimates
                that approximately 74 percent were readily available
                from other public sources.''.
                    (B) ``These reports were often available either
                from the issuing organization's website, the Federal
                Internet portal (http://www.USA.gov) or from another
                source located through a web search.''.
                    (C) ``The source that most often had the report
                [GAO] was searching for was another website located
                through http://www.Google.com.''.
                    (D) ``95 percent of the reports available from
                sources other than NTIS were available free of
                charge.''.
            (6) No Federal agency should use taxpayer dollars to
        purchase a report from the National Technical Information
        Service that is available through the Internet for free.
            (7) In 1999, Secretary of Commerce William Daley--
                    (A) admitted that the National Technical
                Information Service would eventually outlive its
                usefulness and be unable to sustain its revenue-losing
                profit model;
                    (B) explained that ``declining sales revenues soon
                would not be sufficient to recover all of NTIS'
                operating costs''; and
                    (C) attributed this ``decline to other agencies'
                practice of making their research results available to
                the public for free through the Web''.
            (8) According to the November 2012 GAO report referred to
        in paragraph (5)--
                    (A) ``NTIS product expenditures exceeded revenues
                for 10 out of the past 11 fiscal years.'';
                    (B) ``The agency lost, on average, about $1.3
                million over the last 11 years on its products.''; and
                    (C) ``The decline in revenue for its products
                continues to call into question whether NTIS's basic
                statutory function of acting as a self-financing
                repository and disseminator of scientific and technical
                information is still viable.''.
            (9) NTIS has compensated for its lost revenue by charging
        other Federal agencies for various services that are not
        associated with NTIS's primary mission.
            (10) Future technological advances will ensure that the
        services offered by NTIS are even more superfluous for
        essential government functions than they are today.

SEC. 3. NATIONAL TECHNICAL INFORMATION SERVICE.

    (a) Repeal.--Effective on the date that is 1 year after the date of
the enactment of this Act, the National Technical Information Act of
1988 (subtitle B of title II of Public Law 100-519; 15 U.S.C. 3704b) is
repealed.
    (b) Transfer of Critical Functions.--
            (1) Consultation requirement.--The Secretary of Commerce,
        the Archivist of the United States, and the Comptroller General
        of the United States shall consult with the Director of the
        Office of Management and Budget to determine if any activity or
        function of the National Technical Information Service--
                    (A) is critical to the national economy; and
                    (B) is not being carried out by--
                            (i) any other agency or instrumentality of
                        the Federal Government; or
                            (ii) a contractor of the Federal
                        Government.
            (2) Transfers authorized.--
                    (A) In general.--Before the effective date set
                forth in subsection (a), the Secretary of Commerce is
                authorized to transfer the responsibility for any NTIS
                activity or function that is critical to the national
                economy and not otherwise being carried out (as
                determined under paragraph (1)) to another office
                within the Department of Commerce.
                    (B) Congressional notification.--Before
                transferring any activity or function pursuant to
                subparagraph (A), the Secretary shall submit a report
                to the Committee on Commerce, Science, and
                Transportation of the Senate, the Committee on Homeland
                Security and Governmental Affairs of the Senate, the
                Committee on Energy and Commerce of the House of
                Representatives, the Committee on Oversight and
                Government Reform of the House of Representatives
                that--
                            (i) identifies the activities or functions
                        that will be transferred; and
                            (ii) provides the rationale for determining
                        that such activities or functions are critical
                        to the national economy.
            (3) Defined term.--As used in this subsection, an activity
        or function that is ``critical to the national economy''
        promotes the economic growth of the United States by providing
        access to information that stimulates innovation and discovery.
    (c) Repository of Nonclassified Information.--
            (1) In general.--The Secretary of Commerce is authorized to
        continue to maintain a permanent repository of nonclassified
        scientific, technical, and engineering information that
        contains reports that are scientific, technical, or engineering
        in nature.
            (2) Item to be included.--
                    (A) In general.--All Federal entities shall send
                electronic copies of all nonclassified scientific,
                technical, and engineering reports and information to
                the Department of Commerce for inclusion in the
                repository referred to in paragraph (1).
                    (B) Notification requirement.--If any Federal
                entity regularly fails to comply with the requirement
                under subparagraph (A), the Secretary of Commerce shall
                notify--
                            (i) the Committee on Commerce, Science, and
                        Transportation of the Senate; and
                            (ii) the Committee on Energy and Commerce
                        of the House of Representatives.
            (3) Public availability.--The repository referred to in
        paragraph (1) and any document therein shall be publicly
        available and searchable, including bibliographic information,
        in a format that is useful to American industry, business,
        libraries, and research institutions.
            (4) Digital copies.--The Secretary shall provide digital
        copies of any document in the repository referred to in
        paragraph (1) to the public free of charge.
            (5) Authorization of appropriations.--There is authorized
        to be appropriated such sums as may be necessary to maintain
        the repository referred to in paragraph (1).
    (d) Bibliographic Information.--The Secretary of Commerce shall
continue to make selected bibliographic information products available
in a timely manner to depository libraries as part of the Depository
Library Program of the Government Publishing Office.
    (e) Use of Technology.--The Secretary of Commerce shall utilize
available technology to ensure that the Department of Commerce is
collecting all nonclassified scientific, technical, and engineering
information to the best of its ability.

SEC. 4. NTIS REVOLVING FUND.

    Not later than 1 year after the date of the enactment of this Act,
the Secretary of the Treasury, after consultation with the Secretary of
Commerce, shall--
            (1) transfer all unexpended balances in the National
        Technical Information Service Revolving Fund (referred to in
        this section as the ``Fund''), established pursuant to the
        Department of Commerce Appropriations Act, 1993 (title II of
        Public Law 102-305; 15 U.S.C. 3704b note), to the Department of
        Commerce to be expended solely for the maintenance of the
        repository described in section 3(c); and
            (2) dissolve the Fund.

SEC. 5. SECRETARY OF COMMERCE CERTIFICATION.

    Before the effective date set forth in section 3(a), the Secretary
of Commerce shall submit a written certification to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives that all of the
operations of the National Technical Information Service, except for
the activities or functions transferred pursuant to section 3(b)(2)(A),
have been terminated.

Output: NTIS Elimination Act Repeals the National Technical Information Act of 1988, which provided for establishment of the National Technical Information Service (NTIS), effective one year after the enactment of this Act.  Directs the Secretary of Commerce, the Archivist of the United States, and the Comptroller General to consult with the Director of the Office of Management and Budget to determine if any NTIS activity or function is critical to the national economy and is not being carried out by any other federal government agency, instrumentality, or contractor. Authorizes the the Secretary to transfer responsibility for any such activity or function to another office within Commerce. Directs the Secretary, before one year after enactment of this Act, to certify that all other NTIS operations have been terminated.  Defines as "critical to the national economy" an activity or function that promotes U.S. economic growth by providing access to information that stimulates innovation and discovery. Authorizes Commerce to continue to maintain a permanent repository of nonclassified scientific, technical, and engineering information, which shall be publicly available and searchable in a format useful to American industry, business, libraries, and research institutions. Requires all federal entities to send electronic copies of all nonclassified scientific, technical, and engineering reports and information to Commerce for inclusion in the repository.  Directs the Department of the Treasury to transfer all unexpended balances in the NTIS Revolving Fund to Commerce to be expended solely for the maintenance of the repository and to dissolve the Fund.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Economy Tax Simplification Act
(NETSA)''.

SEC. 2. JURISDICTIONAL STANDARDS FOR THE IMPOSITION OF STATE AND LOCAL
              BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON
              INTERSTATE COMMERCE.

    Title I of the Act entitled ``An Act relating to the power of the
States to impose net income taxes on income derived from interstate
commerce, and authorizing studies by congressional committees of
matters pertaining thereto'', approved on September 14, 1959 (15 U.S.C.
381 et seq.), is amended to read as follows:

                  ``TITLE I--JURISDICTIONAL STANDARDS

``SEC. 101. IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND
              USE TAX OBLIGATIONS ON INTERSTATE COMMERCE.

    ``(a) In General.--No State shall have power to impose, for any
taxable year ending after the date of enactment of this title, a
business activity tax or a duty to collect and remit a sales or use tax
on the income derived within such State by any person from interstate
commerce, unless such person has a substantial physical presence in
such State. A substantial physical presence is not established if the
only business activities within such State by or on behalf of such
person during such taxable year are any or all of the following:
            ``(1) The solicitation of orders or contracts by such
        person or such person's representative in such State for sales
        of tangible or intangible personal property or services, which
        orders or contracts are approved or rejected outside the State,
        and, if approved, are fulfilled by shipment or delivery of such
        property from a point outside the State or the performance of
        such services outside the State.
            ``(2) The solicitation of orders or contracts by such
        person or such person's representative in such State in the
        name of or for the benefit of a prospective customer of such
        person, if orders or contracts by such customer to such person
        to enable such customer to fill orders or contracts resulting
        from such solicitation are orders or contracts described in
        paragraph (1).
            ``(3) The presence or use of intangible personal property
        in such State, including patents, copyrights, trademarks,
        logos, securities, contracts, money, deposits, loans,
        electronic or digital signals, and web pages, whether or not
        subject to licenses, franchises, or other agreements.
            ``(4) The use of the Internet to create or maintain a World
        Wide Web site accessible by persons in such State.
            ``(5) The use of an Internet service provider, on-line
        service provider, internetwork communication service provider,
        or other Internet access service provider, or World Wide Web
        hosting services to maintain or take and process orders via a
        web page or site on a computer that is physically located in
        such State.
            ``(6) The use of any service provider for transmission of
        communications, whether by cable, satellite, radio,
        telecommunications, or other similar system.
            ``(7) The affiliation with a person located in the State,
        unless--
                    ``(A) the person located in the State is the
                person's agent under the terms and conditions of
                subsection (d); and
                    ``(B) the activity of the agent in the State
                constitutes substantial physical presence under this
                subsection.
            ``(8) The use of an unaffiliated representative or
        independent contractor in such State for the purpose of
        performing warranty or repair services with respect to tangible
        or intangible personal property sold by a person located
        outside the State.
    ``(b) Domestic Corporations; Persons Domiciled in or Residents of a
State.--The provisions of subsection (a) shall not apply to the
imposition of a business activity tax or a duty to collect and remit a
sales or use tax by any State with respect to--
            ``(1) any corporation which is incorporated under the laws
        of such State; or
            ``(2) any individual who, under the laws of such State, is
        domiciled in, or a resident of, such State.
    ``(c) Sales or Solicitation of Orders or Contracts for Sales by
Independent Contractors.--For purposes of subsection (a), a person
shall not be considered to have engaged in business activities within a
State during any taxable year merely by reason of sales of tangible or
intangible personal property or services in such State, or the
solicitation of orders or contracts for such sales in such State, on
behalf of such person by one or more independent contractors, or by
reason of the maintenance of an office in such State by one or more
independent contractors whose activities on behalf of such person in
such State consist solely of making such sales, or soliciting orders or
contracts for such sales.
    ``(d) Attribution of Activities and Presence.--For purposes of this
section, the substantial physical presence of any person shall not be
attributed to any other person absent the establishment of an agency
relationship between such persons that--
            ``(1) results from the consent by both persons that one
        person act on behalf and subject to the control of the other;
        and
            ``(2) relates to the activities of the person within the
        State.
    ``(e) Definitions.--For purposes of this title--
            ``(1) Business activity tax.--The term `business activity
        tax' means a tax imposed on, or measured by, net income, a
        business license tax, a business and occupation tax, a
        franchise tax, a single business tax or a capital stock tax, or
        any similar tax or fee imposed by a State.
            ``(2) Independent contractor.--The term `independent
        contractor' means a commission agent, broker, or other
        independent contractor who is engaged in selling, or soliciting
        orders or contracts for the sale of, tangible or intangible
        personal property or services for more than one principal and
        who holds himself or herself out as such in the regular course
        of his or her business activities.
            ``(3) Internet.--The term `Internet' means collectively the
        myriad of computer and telecommunications facilities, including
        equipment and operating software, which comprise the
        interconnected world-wide network of networks that employ the
        Transmission Control Protocol/Internet Protocol, or any
        predecessor or successor protocols to such Protocol.
            ``(4) Internet access.--The term `Internet access' means a
        service that enables users to access content, information,
        electronic mail, or other services offered over the Internet,
        and may also include access to proprietary content,
        information, and other services as a part of a package of
        services offered to users.
            ``(5) Representative.--The term `representative' does not
        include an independent contractor.
            ``(6) Sales tax.--The term `sales tax' means a tax that
        is--
                    ``(A) imposed on or incident to the sale of
                tangible or intangible personal property or services as
                may be defined or specified under the laws imposing
                such tax; and
                    ``(B) measured by the amount of the sales price,
                cost, charge, or other value of or for such property or
                services.
            ``(7) Solicitation of orders or contracts.--The term
        `solicitation of orders or contracts' includes activities
        normally ancillary to such solicitation.
            ``(8) State.--The term `State' means any of the several
        States, the District of Columbia, or any territory or
        possession of the United States, or any political subdivision
        thereof.
            ``(9) Use tax.--The term `use tax' means a tax that is--
                    ``(A) imposed on the purchase, storage,
                consumption, distribution, or other use of tangible or
                intangible personal property or services as may be
                defined or specified under the laws imposing such tax;
                and
                    ``(B) measured by the purchase price of such
                property or services.
            ``(10) World wide web.--The term `World Wide Web' means a
        computer server-based file archive accessible, over the
        Internet, using a hypertext transfer protocol, file transfer
        protocol, or other similar protocols.
    ``(f) Application of Section.--This section shall not be construed
to limit, in any way, constitutional restrictions otherwise existing on
State taxing authority.

``SEC. 102. ASSESSMENT OF BUSINESS ACTIVITY TAXES.

    ``(a) Limitations.--No State shall have power to assess after the
date of enactment of this title any business activity tax which was
imposed by such State or political subdivision for any taxable year
ending on or before such date, on the income derived for activities
within such State that affect interstate commerce, if the imposition of
such tax for a taxable year ending after such date is prohibited by
section 101.
    ``(b) Collections.--The provisions of subsection (a) shall not be
construed--
            ``(1) to invalidate the collection on or before the date of
        enactment of this title of any business activity tax imposed
        for a taxable year ending on or before such date; or
            ``(2) to prohibit the collection after such date of any
        business activity tax which was assessed on or before such date
        for a taxable year ending on or before such date.

``SEC. 103. TERMINATION OF SUBSTANTIAL PHYSICAL PRESENCE.

    ``If a State has imposed a business activity tax or a duty to
collect and remit a sales or use tax on a person as described in
section 101, and the person so obligated no longer has a substantial
physical presence in that State, the obligation to pay a business
activity tax or to collect and remit a sales or use tax on behalf of
that State applies only for the period in which the person has a
substantial physical presence.

``SEC. 104. SEPARABILITY.

    ``If any provision of this title or the application of such
provision to any person or circumstance is held invalid, the remainder
of this title or the application of such provision to persons or
circumstances other than those to which it is held invalid, shall not
be affected thereby.''.

Output:
Prohibits a State from assessing any business activity tax which was imposed prior to this Act, if the imposition of such tax is prohibited, above.
Terminates a person's obligation to pay State-imposed business activity, sales, or use tax if such person no longer has a substantial physical presence in that State.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Pay Comparability Act of
2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) One of the underlying principles of the all-volunteer
        Armed Forces is the principle that military pay increases must
        remain comparable to private sector pay growth, as measured by
        the Employment Cost Index.
            (2) The capping of military pay raises below private sector
        pay growth for extended periods during the past 30 years has
        led to significant retention problems among second-term and
        career members of the Armed Forces.
            (3) Such retention problems cost the United States more in
        terms of lost military experience, decreased readiness, and
        increased training costs than maintaining the principle of pay
        comparability.
            (4) Since military pay was last deemed reasonably
        comparable with private sector pay in 1982, military pay raises
        have lagged a cumulative 6.4 percent behind private sector wage
        growth, although recent efforts of the President and Congress
        have reduced the gap significantly from its peak of 13.5
        percent in 1999.
            (5) Under existing law, while military pay increases must
        exceed growth in the Employment Cost Index through fiscal year
        2006, increases in subsequent years will be capped one-half
        percentage point below the Employment Cost Index, to the
        detriment of retention and readiness over the long term.
            (6) The remaining so-called pay comparability gap should be
        eliminated as quickly as possible, and military pay increases
        must sustain full comparability with increases in the
        Employment Cost Index.

SEC. 3. ANNUAL ADJUSTMENTS IN MONTHLY BASIC PAY FOR MEMBERS OF THE
              UNIFORMED SERVICES.

    (a) Annual Adjustment Required.--Section 1009 of title 37, United
States Code, is amended by striking subsections (a), (b), and (c) and
inserting the following new subsections:
    ``(a) Requirement for Annual Adjustment.--Effective on January 1 of
each year, the rates of basic pay for members of the uniformed services
under section 203(a) of this title shall be increased under this
section.
    ``(b) Effectiveness of Adjustment.--An adjustment under this
section shall have the force and effect of law.
    ``(c) Equal Percentage Increase for All Members.--(1) Subject to
subsection (d), an adjustment made under this section in a year shall
provide all eligible members with an increase in the monthly basic pay
that is the percentage (rounded to the nearest one-tenth of 1 percent)
by which the Employment Cost Index for the base quarter of the year
before the preceding year exceeds the Employment Cost Index for the
base quarter of the second year before the preceding calendar year (if
at all).
    ``(2) Notwithstanding paragraph (1), but subject to subsection (d),
the percentage of the adjustment taking effect under this section
during each of fiscal years 2004, 2005, and 2006, shall be one-half of
one percentage point higher than the percentage that would otherwise be
applicable under such paragraph.''.
    (b) Publication of Adjusted Rates.--Subsection (e) of such section
is amended--
            (1) by striking ``(e) Notice of Allocations.--'' and
        inserting ``(e) Notification and Publication Requirements.--
        (1)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The rates of basic pay that take effect under this section
shall be printed in the Federal Register and the Code of Federal
Regulations.''.
    (c) Presidential Determination of Need for Alternative Pay
Adjustment.--Such section is further amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new
        subsection (g):
    ``(g) Effect of National Emergency or Serious Economic
Conditions.--(1) If, because of national emergency or serious economic
conditions affecting the general welfare, the President determines that
the pay adjustment otherwise required by this section for a year is
inappropriate, the President may prepare a plan proposing such
alternative pay adjustments as the President considers appropriate. The
President shall submit the plan, together with the reasons for the
alternative pay adjustments, to Congress before March 1 of the
preceding year.
    ``(2) In evaluating an economic condition affecting the general
welfare under this subsection, the President shall consider pertinent
economic measures including the Indexes of Leading Economic Indicators,
the Gross National Product, the unemployment rate, the budget deficit,
the Consumer Price Index, the Producer Price Index, the Employment Cost
Index, and the Implicit Price Deflator for Personal Consumption
Expenditures.
    ``(3) The President shall include in the plan submitted under
paragraph (1) an assessment of the impact that the alternative pay
adjustments proposed in the plan will have on the ability to recruit
and retain well-qualified members of the uniformed services.
    (d) Definitions.--Such section, as amended by subsection (c), is
further amended by adding at the end the following new subsection:
    ``(i) Definitions.--In this section:
            ``(1) The term `Employment Cost Index' means the Employment
        Cost Index (wages and salaries, private industry workers)
        published quarterly by the Bureau of Labor Statistics.
            ``(2) The term `base quarter' for any year is the three-
        month period ending on September 30 of such year.''.
    (e) Conforming Amendment.--Subsection (d)(2) of such section is
amended by striking ``in the General Schedule rates of basic pay for
civilian employees.'' and inserting ``in the rates of monthly basic pay
under this section.''.

Output: Military Pay Comparability Act of 2003 - Requires the monthly rates of basic military pay to be adjusted effective January 1 of each year. (Currently, such rates are adjusted whenever the General Schedule (GS) of Compensation for Federal employees is adjusted.)Requires equal annual pay percentage increases for all military personnel to be based on percentage increases in the Employment Cost Index (currently on GS adjustments). Increases percentage adjustments by one-half percent for FY 2004 through 2006.Requires new annual rates of pay to be published in the Federal Register and the Code of Federal Regulations.Authorizes the President, upon determining that annual pay adjustments would be inappropriate because of national emergency or serious economic conditions, to prepare and transmit to Congress a plan for an alternative pay adjustment. Requires the President to consider under such plan the impact that the alternative adjustment would have on the Government's ability to recruit and retain well-qualified members of the armed forces.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Newborn and Infant Hearing Screening
and Intervention Act of 1999''.

SEC. 2. EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS AND
              INFANTS WITH HEARING LOSS.

    (a) Definitions.--For the purposes of this Act only, the following
terms in this section are defined as follows:
            (1) Hearing screening.--Newborn and infant hearing
        screening consists of objective physiologic procedures to
        detect possible hearing loss and to identify newborns and
        infants who, after rescreening, require further audiologic and
        medical evaluations.
            (2) Audiologic evaluation.--Audiologic evaluation consists
        of procedures to assess the status of the auditory system; to
        establish the site of the auditory disorder; the type and
        degree of hearing loss, and the potential effects of hearing
        loss on communication; and to identify appropriate treatment
        and referral options. Referral options should include linkage
        to state IDEA Part C coordinating agencies or other appropriate
        agencies, medical evaluation, hearing aid/sensory aid
        assessment, audiologic rehabilitation treatment, national and
        local consumer, self-help, parent, and education organizations,
        and other family-centered services.
            (3) Medical evaluation.--Medical evaluation by a physician
        consists of key components including history, examination, and
        medical decision making focused on symptomatic and related body
        systems for the purpose of diagnosing the etiology of hearing
        loss and related physical conditions, and for identifying
        appropriate treatment and referral options.
            (4) Medical intervention.--Medical intervention is the
        process by which a physician provides medical diagnosis and
        direction for medical and/or surgical treatment options of
        hearing loss and/or related medical disorder associated with
        hearing loss.
            (5) Audiologic rehabilitation.--Audiologic rehabilitation
        (intervention) consists of procedures, techniques, and
        technologies to facilitate the receptive and expressive
        communication abilities of a child with hearing loss.
            (6) Early intervention.--Early intervention (e.g.,
        nonmedical) means providing appropriate services for the child
        with hearing loss and ensuring that families of the child are
        provided comprehensive, consumer-oriented information about the
        full range of family support, training, information services,
        communication options and are given the opportunity to consider
        the full range of educational and program placements and
        options for their child.
    (b) Purposes.--The purposes of this Act are to clarify the
authority within the Public Health Service Act to authorize statewide
newborn and infant hearing screening, evaluation and intervention
programs and systems, technical assistance, a national applied research
program, and interagency and private sector collaboration for policy
development, in order to assist the States in making progress toward
the following goals:
            (1) All babies born in hospitals in the United States and
        its territories should have a hearing screening before leaving
        the birthing facility. Babies born in other countries and
        residing in the United States via immigration or adoption
        should have a hearing screening as early as possible.
            (2) All babies who are not born in hospitals in the United
        States and its territories should have a hearing screening
        within the first 3 months of life.
            (3) Appropriate audiologic and medical evaluations should
        be conducted by 3 months for all newborns and infants suspected
        of having hearing loss to allow appropriate referral and
        provisions for audiologic rehabilitation, medical and early
        intervention before the age of 6 months.
            (4) All newborn and infant hearing screening programs and
        systems should include a component for audiologic
rehabilitation, medical and early intervention options that ensures
linkage to any new and existing state-wide systems of intervention and
rehabilitative services for newborns and infants with hearing loss.
            (5) Public policy in regard to newborn and infant hearing
        screening and intervention should be based on applied research
        and the recognition that newborns, infants, toddlers, and
        children who are deaf or hard-of-hearing have unique language,
        learning, and communication needs, and should be the result of
        consultation with pertinent public and private sectors.
    (c) Statewide Newborn and Infant Hearing Screening, Evaluation and
Intervention Programs and Systems.--Under the existing authority of the
Public Health Service Act, the Secretary of Health and Human Services
(in this Act referred to as the ``Secretary''), acting through the
Administrator of the Health Resources and Services Administration,
shall make awards of grants or cooperative agreements to develop
statewide newborn and infant hearing screening, evaluation and
intervention programs and systems for the following purposes:
            (1) To develop and monitor the efficacy of state-wide
        newborn and infant hearing screening, evaluation and
        intervention programs and systems. Early intervention includes
        referral to schools and agencies, including community,
        consumer, and parent-based agencies and organizations and other
        programs mandated by Part C of the Individuals with
        Disabilities Education Act, which offer programs specifically
        designed to meet the unique language and communication needs of
        deaf and hard of hearing newborns, infants, toddlers, and
        children.
            (2) To collect data on statewide newborn and infant hearing
        screening, evaluation and intervention programs and systems
        that can be used for applied research, program evaluation and
        policy development.
    (d) Technical Assistance, Data Management, and Applied Research.--
            (1) Centers for disease control and prevention.--Under the
        existing authority of the Public Health Service Act, the
        Secretary, acting through the Director of the Centers for
        Disease Control and Prevention, shall make awards of grants or
        cooperative agreements to provide technical assistance to State
        agencies to complement an intramural program and to conduct
        applied research related to newborn and infant hearing
        screening, evaluation and intervention programs and systems.
        The program shall develop standardized procedures for data
        management and program effectiveness and costs, such as--
                    (A) to ensure quality monitoring of newborn and
                infant hearing loss screening, evaluation, and
                intervention programs and systems;
                    (B) to provide technical assistance on data
                collection and management;
                    (C) to study the costs and effectiveness of newborn
                and infant hearing screening, evaluation and
                intervention programs and systems conducted by State-
                based programs in order to answer issues of importance
                to state and national policymakers;
                    (D) to identify the causes and risk factors for
                congenital hearing loss;
                    (E) to study the effectiveness of newborn and
                infant hearing screening, audiologic and medical
                evaluations and intervention programs and systems by
                assessing the health, intellectual and social
                developmental, cognitive, and language status of these
                children at school age; and
                    (F) to promote the sharing of data regarding early
                hearing loss with state-based birth defects and
                developmental disabilities monitoring programs for the
                purpose of identifying previously unknown causes of
                hearing loss.
            (2) National institutes of health.--Under the existing
        authority of the Public Health Service Act, the Director of the
        National Institutes of Health, acting through the Director of
        the National Institute on Deafness and Other Communication
        Disorders, shall for purposes of this section, continue a
        program of research and development on the efficacy of new
        screening techniques and technology, including clinical studies
        of screening methods, studies on efficacy of intervention, and
        related research.
    (e) Coordination and Collaboration.--
            (1) In general.--Under the existing authority of the Public
        Health Service Act, in carrying out programs under this
        section, the Administrator of the Health Resources and Services
        Administration, the Director of the Centers for Disease Control
        and Prevention, and the Director of the National Institutes of
Health shall collaborate and consult with other Federal agencies; State
and local agencies, including those responsible for early intervention
services pursuant to Title XIX of the Social Security Act (Medicaid
Early and Periodic Screening, Diagnosis and Treatment Program); Title
XXI of the Social Security Act (State Children's Health Insurance
Program); Title V of the Social Security Act (Maternal and Child Health
Block Grant Program; and Part C of the Individuals with Disabilities
Education Act); consumer groups of and that serve individuals who are
deaf and hard-of-hearing and their families; appropriate national
medical and other health and education specialty organizations; persons
who are deaf and hard-of-hearing and their families; other qualified
professional personnel who are proficient in deaf or hard-of-hearing
children's language and who possess the specialized knowledge, skills,
and attributes needed to serve deaf and hard-of-hearing newborns,
infants, toddlers, children, and their families; third-party payers and
managed care organizations; and related commercial industries.
            (2) Policy development.--Under the existing authority of
        the Public Health Service Act, the Administrator of the Health
        Resources and Services Administration, the Director of the
        Centers for Disease Control and Prevention, and the Director of
        the National Institutes of Health shall coordinate and
        collaborate on recommendations for policy development at the
        Federal and state levels and with the private sector, including
        consumer, medical and other health and education professional-
        based organizations, with respect to newborn and infant hearing
        screening, evaluation and intervention programs and systems.
            (3) State early detection, diagnosis, and intervention
        programs and systems; data collection.--Under the existing
        authority of the Public Health Service Act, the Administrator
        of the Health Resources and Services Administration and the
        Director of the Centers for Disease Control and Prevention
        shall coordinate and collaborate in assisting States to
        establish newborn and infant hearing screening, evaluation and
        intervention programs and systems under subsection (c) and to
        develop a data collection system under subsection (d).
    (f) Rule of Construction.--Nothing in this Act shall be construed
to preempt any State law.
    (g) Authorization of Appropriations.--
            (1) Statewide newborn and infant hearing screening,
        evaluation and intervention programs and systems.--For the
        purpose of carrying out subsection (c) under the existing
        authority of the Public Health Service Act, there are
        authorized to the Health Resources and Services Administration
        appropriations in the amount of $5,000,000 for fiscal year
        2000, $8,000,000 for fiscal year 2001, and such sums as may be
        necessary for fiscal year 2002.
            (2) Technical assistance, data management, and applied
        research; centers for disease control and prevention.--For the
        purpose of carrying out subsection (d)(1) under the existing
        authority of the Public Health Service Act, there are
        authorized to the Centers for Disease Control and Prevention,
        appropriations in the amount of $5,000,000 for fiscal year
        2000, $7,000,000 for fiscal year 2001, and such sums as may be
        necessary for fiscal year 2002.
            (3) Technical assistance, data management, and applied
        research; national institute on deafness and other
        communication disorders.--For the purpose of carrying out
        subsection (d)(2) under the existing authority of the Public
        Health Service Act, there are authorized to the National
        Institute on Deafness and Other Communication Disorders
        appropriations for such sums as may be necessary for each of
        the fiscal years 2000 through 2002.

Output: Newborn and Infant Hearing Screening and Intervention Act of 1999 - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Fishermen Safety and Tax
Fairness Act of 2000''.

SEC. 2. INCOME AVERAGING FOR FISHERMEN.

    (a) Allowing Income Averaging for Fishermen.--Subsection (a) of
section 1301 of the Internal Revenue Code of 1986 (relating to
averaging of farm income) is amended by striking ``farming business''
and inserting ``farming business or fishing business''.
    (b) Definition of Elected Farm Income.--
            (1) In general.--Clause (i) of section 1301(b)(1)(A) of
        such Code is amended by inserting ``or fishing business''
        before the semicolon.
            (2) Conforming amendment.--Subparagraph (B) of section
        1301(b)(1) of such Code is amended by inserting ``or fishing
        business'' after ``farming business'' both places it occurs.
    (c) Definition of Fishing Business.--Section 1301(b) of such Code
is amended by adding at the end the following new paragraph:
            ``(4) Fishing business.--The term `fishing business' means
        the conduct of commercial fishing as defined in section 3 of
        the Magnuson-Stevens Fishery Conservation and Management Act
        (16 U.S.C. 1802).''.

SEC. 3. CREDIT FOR PURCHASE OF FISHING SAFETY EQUIPMENT.

    (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 new section:

``SEC. 45D. FISHING SAFETY EQUIPMENT CREDIT.

    ``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the fishing safety equipment credit determined under
this section for the taxable year is 75 percent of the amount of
qualified fishing safety equipment expenses paid or incurred by the
taxpayer during the taxable year.
    ``(b) Limitation on Maximum Credit.--The credit allowed under
subsection (a) with respect to a taxpayer for the taxable year shall
not exceed $1,500.
    ``(c) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means a taxpayer engaged in a fishing business (as
defined in section 1301(b)(4)).
    ``(d) Qualified Fishing Safety Equipment Expenses.--For purposes of
this section--
            ``(1) In general.--The term `qualified fishing safety
        equipment expenses' means an amount paid or incurred for
        fishing safety equipment for use by the taxpayer in connection
        with a fishing business.
            ``(2) Fishing safety equipment.--The term `fishing safety
        equipment' means lifesaving equipment required to be carried by
        a vessel under section 4502 of title 46, United States Code.
    ``(e) Special Rules.--
            ``(1) In general.--Rules similar to the rules of
        subsections (c), (d), and (e) of section 52 shall apply for
        purposes of this section.
            ``(2) Aggregation rules.--All persons treated as a single
        employer under subsection (a) or (b) of section 52 or
        subsection (m) or (o) of section 414 shall be treated as one
        person for purposes of subsection (a).
    ``(f) Denial of Double Benefit.--No deduction shall be allowed
under this chapter (other than a credit under this section) for any
amount taken into account in determining the credit under this section.
    ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any equipment, the basis
of such equipment shall be reduced by the amount of the credit so
allowed.''.
    (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
            ``(9) No carryback of fishing safety equipment credit
        before effective date.--No portion of the unused business
        credit for any taxable year which is attributable to the
        fishing safety equipment credit determined under section 45D
        may be carried to a taxable year ending before the date of the
        enactment of section 45D.''.
    (c) Conforming Amendments.--
            (1) Section 38(b) of the Internal Revenue Code of 1986
        (relating to general 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 new paragraph:
            ``(13) the fishing safety equipment credit determined under
        section 45D(a).''.
            (2) Subsection (a) of section 1016 of such Code is amended
        by striking ``and'' at the end of paragraph (26), by striking
        the period at the end of paragraph (27) and inserting ``,
        and'', and by adding at the end the following new paragraph:
            ``(28) in the case of equipment with respect to which a
        credit was allowed under section 45D, to the extent provided in
        section 45D(g).''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45C the
following new item:

                              ``Sec. 45D. Fishing safety equipment
                                        credit.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply to taxable years
beginning after December 31, 2000.

Output: Allows commercial fishermen a fishing safety equipment credit.