SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Loophole Closing Act of 2017''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--The Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if one or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(37) Gun Show Vendor.--The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Operators.--It shall be unlawful for a person to operate a gun show, unless-- ``(1) the person has attained 21 years of age; ``(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; ``(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; ``(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration-- ``(A) has provided the Attorney General with a photograph and the fingerprints of the person; and ``(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); ``(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and ``(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Operators.-- ``(1) In general.--It shall be unlawful for a person to operate a gun show, unless the person-- ``(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; ``(B) before commencement of the gun show-- ``(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and ``(ii) requires each such individual to sign-- ``(I) a ledger, and enter into the ledger identifying information concerning the individual; and ``(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and ``(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. ``(2) Recordkeeping.--A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. ``(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons.--It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer-- ``(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and ``(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. ``(d) Recordkeeping Requirements.-- ``(1) In general.--A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall-- ``(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and ``(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (d) Inspection Authority.--Section 923(g)(1) of such title is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (g) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a)(5) of such title is amended-- (A) by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''; and (B) by striking ``1'' and inserting ``5''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of such title is amended by striking ``and, at the time'' and all that follows through ``State law''. (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

Summary: Gun Show Loophole Closing Act of 2017 This bill makes it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Department of Justice (DOJ) as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies DOJ of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. The bill makes it unlawful for a person not licensed under this bill to transfer possession of a firearm at a gun show to another person not licensed unless a licensed importer, manufacturer, or dealer has, among other conditions, recorded the transfer with DOJ. Additionally, the licensed dealer must notify the prospective transferor and transferee of the firearm that the national instant criminal background check system has provided the dealer with a unique identification number indicating that the receipt of the firearm would not violate certain federal or state firearm laws. The bill grants DOJ authority to enter, without a showing of reasonable cause or a warrant, any place where a gun show is held or where a gun show operator is required to maintain records to examine records and inventory to determine compliance with this bill.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bond Transparency Act of 2014''. SEC. 2. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN MUNICIPAL SECURITIES. Section 15B of the Securities Exchange Act of 1934 (15 U.S.C. 78o- 4) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Markup Disclosure in Riskless Principal Transactions.-- ``(1) Definition.--In this subsection, the term `riskless principal transaction' means-- ``(A) a transaction in which a broker, dealer, or municipal securities dealer receives a customer order to buy or sell any municipal securities and, after receiving the customer order, buys the municipal securities from, or sells the municipal securities to, another person, while acting as principal for its own account, to complete the customer order; and ``(B) any other transaction the Commission identifies by rule as a riskless principal transaction. ``(2) Disclosure required.--A broker, dealer, or municipal securities dealer that effects a riskless principal transaction shall disclose to the customer, in writing, at or before the time of completion of the transaction, the amount of the difference between-- ``(A) the customer's purchase price and the broker's, dealer's or municipal securities dealer's purchase price; or ``(B) the customer's sale price and the broker's, dealer's, or municipal securities dealer's sale price.''. SEC. 3. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN CORPORATE DEBT SECURITIES. Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Markup Disclosure in Riskless Principal Transactions in Corporate Debt Securities.-- ``(1) Definitions.--In this subsection-- ``(A) the term `specified debt security'-- ``(i) means any security that-- ``(I) evidences a liability of the issuer (including any such security that is convertible into stock or similar security), including bonds, debentures, notes, or any similar instruments, and any fractional or participation interests in any of the foregoing; and ``(II) constitutes-- ``(aa) United States dollar-denominated securities issued by the United States or a foreign private issuer; or ``(bb) any other security the Commission identifies by rule as a specified debt security for the purposes of this subsection; and ``(ii) does not include a municipal security, as defined in section 3(a)(29) of this Act; and ``(B) the term `riskless principal transaction' means-- ``(i) a transaction in which a broker or dealer receives a customer order to buy or sell any specified debt securities and, after receiving the customer order, buys the specified debt securities from, or sells the specified debt securities to, another person, while acting as principal for its own account, to complete the customer order; and ``(ii) any other transaction the Commission identifies by rule as a riskless principal transaction. ``(2) Disclosure required.--A broker or dealer that effects a riskless principal transaction shall disclose to the customer, in writing, at or before the time of completion of the transaction, the amount of the difference between-- ``(A) the customer's purchase price and the broker's or dealer's purchase price; or ``(B) the customer's sale price and the broker's or dealer's sale price.''.

Summary: Bond Transparency Act of 2014 - Amends the Securities Exchange Act of 1934 to define a "riskless principal transaction" as any transaction the Securities and Exchange Commission (SEC) identifies as one, but primarily one in which a broker, dealer, or municipal securities dealer acts on a customer order to buy or sell either municipal securities or corporate debt securities while also acting as principal for its own account in order to complete the transaction. Requires a broker or dealer, at or before completion of the transaction, to make a markup disclosure in writing to the customer of the difference between either: (1) the customer's purchase price and the broker or dealer's purchase price; or (2) the customer's sale price and the broker or dealer's sale price. Subjects riskless principal transactions in corporate debt securities to the same markup disclosure requirements as those for riskless principal transactions in municipal securities.


SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans Programs Improvement Act of 2003''. (b) References.--Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, effective on December 1, 2003, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation.--Each of the dollar amounts in effect under section 1114. (2) Additional compensation for dependents.--Each of the dollar amounts in effect under section 1115(1). (3) Clothing allowance.--The dollar amount in effect under section 1162. (4) New dic rates.--Each of the dollar amounts in effect under paragraphs (1) and (2) of section 1311(a). (5) Old dic rates.--Each of the dollar amounts in effect under section 1311(a)(3). (6) Additional dic for surviving spouses with minor children.--The dollar amount in effect under section 1311(b); (7) Additional dic for disability.--Each of the dollar amounts in effect under subsections (c) and (d) of section 1311. (8) DIC for dependent children.--Each of the dollar amounts in effect under sections 1313(a) and 1314. (c) Determination of Increase.-- (1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2003. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2003, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law No. 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. (e) Publication of Adjusted Rates.--At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2004, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) as increased pursuant to subsection (a). SEC. 3. REPEAL OF 45-DAY RULE FOR EFFECTIVE DATE OF AWARD OF DEATH PENSION. Subsection (d) of section 5110 is amended-- (1) by striking the designation ``(1)''; (2) by striking ``death compensation or dependency and indemnity compensation'' and inserting ``death compensation, dependency and indemnity compensation, or death pension''; and (3) by striking paragraph (2). SEC. 4. EXCLUSION OF LUMP-SUM LIFE INSURANCE PROCEEDS FROM DETERMINATIONS OF ANNUAL INCOME FOR PENSION PURPOSES. Subsection (a) of section 1503 is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking ``materials.'' at the end of paragraph (10)(B) and inserting ``materials; and''; and (3) by adding at the end the following new paragraph: ``(11) lump-sum proceeds of any life insurance policy or policies on a veteran, for purposes of pension under subchapter III of this chapter.''. SEC. 5. CLARIFICATION OF PROHIBITION ON PAYMENT OF COMPENSATION FOR ALCOHOL OR DRUG-RELATED DISABILITY. (a) Clarification.--Chapter 11 is amended-- (1) in section 1110, by striking ``drugs.'' and inserting ``drugs, even if the abuse is secondary to a service-connected disability.''; and (2) in section 1131, by striking ``drugs.'' and inserting ``drugs, even if the abuse is secondary to a service-connected disability.''. (b) Applicability.--The amendments made by subsection (a) shall apply to any claim-- (1) filed on or after the date of enactment of this Act; or (2) filed before the date of enactment of this Act and not finally decided as of that date. SEC. 6. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE AND UNITED STATES GOVERNMENT LIFE INSURANCE. (a) National Service Life Insurance.-- (1) Section 1917 is amended by adding at the end the following new subsection: ``(f)(1) Following the death of the insured and in a case not covered by subsection (d)-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (b) United States Government Life Insurance.--Section 1952 is amended by adding at the end the following new subsection: ``(c)(1) Following the death of the insured and in a case not covered by section 1950 of this title-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (c) Transition Provision.--In the case of a person insured under subchapter I or II of chapter 19, title 38, United States Code, who dies before the date of the enactment of this Act, the two-year and four-year periods specified in subsection (f)(1) of section 1917 of title 38, United States Code, as added by subsection (a), and subsection (c)(1) of section 1952 of such title, as added by subsection (b), as applicable, shall for purposes of the applicable subsection be treated as being the two-year and four-year periods, respectively, beginning on the date of the enactment of this Act. SEC. 7. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUEST BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 5102 is amended by adding at the end the following new subsection: ``(c) Time Limitation.-- ``(1) If information that a claimant and the claimant's representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits.''. (b) Repeal of Superseded Provisions.--Section 5103 is amended-- (1) by striking ``(a) Required Information and Evidence.-- ''; and (2) by striking subsection (b). (c) Effective Date.--The amendments made by this section shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096). SEC. 8. BURIAL PLOT ALLOWANCE. (a) Subsection (b) of section 2303 is amended-- (1) in the matter preceding paragraph (1), by striking ``a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war'' and inserting ``burial in a national cemetery under section 2402 of this title''; and (2) in paragraph (2), by striking ``(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)'' and inserting ``is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran''. (b) Section 2307 is amended in the last sentence by striking ``and (b)'' and inserting ``and (b)(2)''. SEC. 9. PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES. (a) In General.--Subsection (d) of section 502 of the Veterans Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115 Stat. 995), as amended by section 203 of the Veterans Benefits Act of 2002 (Public Law 107-330; 116 Stat. 2824), is further amended by striking ``September 11, 2001'' and inserting ``November 1, 1990''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 502 of Public Law 107-103. SEC. 10. EXPANSION OF BURIAL ELIGIBILITY FOR REMARRIED SPOUSES. (a) In General.--Paragraph (5) of section 2042 is amended by striking ``(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)'' and inserting ``(which for purposes of this chapter includes a surviving spouse who remarries following the veteran's death)''. (b) Effective Date.--The amendments made by subsection (a) shall apply to deaths occurring on or after the date of the enactment of this Act. SEC. 11. MAKE PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS PROGRAM. (a) Permanent Authorization.--Paragraph (2) of section 2408(a) is amended-- (1) by striking ``for fiscal year 1999 and for each succeeding fiscal year through fiscal year 2004''; and (2) by adding at the end ``Funds appropriated under the preceding sentence shall remain available until expended.''. (b) Technical Amendment.--Subsection (e) of section 2408 is amended by striking ``Sums appropriated under subsection (a) of this section shall remain available until expended.''. SEC. 12. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES. (a) Addition of Certain Offenses.--Paragraph (2) of section 6105(b) is amended by striking ``sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385, 2837, 2388, 2389, 2390, and chapter 105 of title 18'' and inserting ``sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of title 18''. (b) Effective Date.--The amendment made by subsection (a) shall apply to claims filed after the date of the enactment of this Act. SEC. 13. VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692 is amended-- (1) in subsection (a), by inserting ``as far as practicable'' after ``include''; (2) in subsections (a) and (b), by striking ``chapter 106'' and inserting ``chapter 1606'' both places it appears; and (3) in subsection (c), by striking ``2003'' and inserting ``2013''. SEC. 14. REPEAL OF EDUCATION LOAN PROGRAM. (a) Termination of Program.--No loans shall be made under subchapter III of chapter 36 after the date of the enactment of this Act, and such subchapter shall be repealed 90 days after such date of enactment. (b) Closing of Loan Fund.--All monies in the revolving fund established in the Treasury of the United States of America known as the ``Department of Veterans Affairs Education Loan Fund'' (the ``Fund'') on the day before the date of repeal of such subchapter III shall be transferred to the Department of Veterans Affairs Readjustment Benefits Account, and the Fund shall be closed. (c) Discharge of Liability.--The liability on any education loan debt outstanding under such subchapter III shall be discharged, and any overpayments declared under section 3698(e)(1) of that subchapter shall be waived without further process on the date funds are transferred as referred to in subsection (b) of this section. (d) Technical Amendment.--On the date of repeal of such subchapter III, as provided herein, the table of sections at the beginning of chapter 36 shall be amended by striking the items relating to subchapter III. (e) Conforming Amendments.-- (1) Chapter 34 is amended-- (A) by repealing paragraph (2) of section 3462(a); and (B) in paragraph (1) of section 3485(e), by striking ``(other than an education loan under subchapter III)''. (2) Section 3512 is amended by repealing subsection (f). (3) The amendments made by paragraphs (1)(B) and (2) shall take effect 90 days after the date of the enactment of this Act. SEC. 15. RESTORATION OF CHAPTER 35 EDUCATION BENEFITS OF CERTAIN INDIVIDUALS. (a) Restoration.--Subsection (h) of section 3512 is amended by inserting ``or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32'' following ``title 10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of September 11, 2001. SEC. 16. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS FOR CERTAIN SELF-EMPLOYMENT TRAINING. (a) Self-Employment Training.--Subparagraph (B) of section 3002(3) is amended-- (1) in clause (i) by striking ``and''; (2) by adding at the end the following clause: ``(iii) a program of self-employment on-job training approved as provided in section 3677(d) of this title; and''. (b) Program Approval.--Section 3677 is amended-- (1) in subsections (a) and (c), by inserting ``self- employment on-job training or'' after ``(other than''; (2) in subsection (b)(1), by inserting ``described in subsection (a)'' after ``offering training''; and (3) by adding at the end the following new subsection: ``(d)(1) Any State approving agency may approve a program of self- employment on-job training for purposes of chapter 30 of this title only when it finds that the training is generally recognized as needed or accepted for purposes of obtaining licensure to engage in the self- employment occupation or is required for ownership and operation of a franchise that is the objective of the training. ``(2) The training entity offering the training for which approval is sought under this chapter must submit to the State approving agency a written application for approval, in the form and with the content as prescribed by the Secretary, which shall include such information as is required by the State approving agency. ``(3) As a condition for approving a program of self-employment on- job training, the State approving agency must find upon investigation that the following criteria are met: ``(A) The training content is adequate to qualify the eligible individual for the self-employment occupation that is the objective of the training. ``(B) The training consists of full-time training for a period of less than six months. ``(C) The length of the training period is not longer than that customarily required to obtain the knowledge, skills, and experience needed to successfully engage in the particular self-employment occupation that is the objective of the training. ``(D) The training entity has adequate instructional space, equipment, materials, and personnel to provide satisfactory training on the job. ``(E) The training entity keeps adequate records of each trainee's progress toward the self-employment objective and, at the end of the training period, issues a license, certificate, or other document recording the individual's successful completion of the training program. ``(F) The training entity and the self-employment on-job training program meet such other criteria as the Secretary may prescribe and as the State approving agency, with the Secretary's approval, may establish.''. (c) Conforming Amendment.--Paragraph (2) of section 3687(a) is amended by inserting ``subsections (a), (b), and (c) of'' before ``section 3677''. (d) Effective Date.--The amendments made by this section shall take effect on the date six months after the enactment of this Act and shall apply to self-employment on-job training approved and pursued on or after that date.

Summary: Veterans Programs Improvement Act of 2003 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2003, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Makes the effective date for the award of death pension the same as that for the award of death compensation or dependency and indemnity compensation. Excludes lump-sum insurance proceeds from income for purposes of eligibility for veterans' pensions. Prohibits the payment of veterans' disability compensation for an alcohol- or drug-abuse related disability even if the the alcohol or drug abuse is secondary to a service-connected disability. Provides alternative beneficiaries for National Service Life Insurance and United States Government Life Insurance proceeds when the first beneficiary does not make a claim. Provides burial benefit eligibility for a veteran's surviving spouse who remarries following the veteran's death. Makes permanent the authority for the State cemetery grants program. Repeals the Department of Veterans Affairs Education Loan program. Includes self-employment training under the Montgomery GI Bill.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Public Education Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is the responsibility of the Federal Government to prevent illegal immigration by enforcing existing laws and enacting new laws and policies. (2) The Federal Government has, to date, failed to carry out this responsibility, resulting in a large and increasing number of illegal immigrants residing within the borders of the United States. (3) Under current law, the States are required to provide certain public benefits to their residents, including education benefits for all children residing within their jurisdictions, regardless of immigration status. (4) The costs of educating illegal aliens are therefore borne primarily by the States. (5) The citizens of States that have a disproportionate number of illegal immigrants therefore have borne a disproportionate share of such educational costs, which result from the failures of the Federal Government. (6) In the interest of equity, the Federal Government should reimburse the States for such educational costs. SEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS FOR ILLEGAL ALIEN STUDENTS. (a) Grants to States.--Subject to the availability of appropriations and the succeeding provisions of this section, from the amount appropriated under subsection (f), the Secretary of Education shall provide for payment to each eligible State (as defined in subsection (b)) for reimbursable costs (as defined in subsection (c)). (b) Eligible States.--In order for a State to be eligible for payment under this section, the State-- (1) shall be a State for which the Secretary of Commerce has made a determination with respect to any fiscal year under subsection (e); and (2) shall provide the Secretary of Education with assurances that-- (A) the State will cooperate with the Secretary of Commerce in carrying out such Secretary's duties under this Act; and (B) such payments shall be used only for the purpose of reimbursing local educational agencies for reimbursable costs. (c) Reimbursable Costs Defined.--For purposes of this Act, the term ``reimbursable costs'' means, with respect to a State, the incremental increase in costs incurred by local educational agencies in the State in providing a free public education (as mandated by Federal law) to eligible illegal alien students (as defined in subsection (d)(1)), as determined by the Secretary of Commerce under subsection (e). (d) Eligible Illegal Alien Students.--For purposes of this Act, the term ``eligible illegal alien student'' means an alien who is not lawfully present in the United States and is enrolled in a public elementary or secondary school of a local educational agency in a State as of the date of a determination made by the Secretary of Commerce under subsection (e)(2). (e) Amount of Payment.-- (1) In general.--The amount of payment to an eligible State for a fiscal year under this section is the product of-- (A) the average number last determined under paragraph (3)(A) for the State; and (B) the average incremental increase in expenditures last determined under paragraph (3)(B) for the State. (2) Commencement of determinations.-- (A) First group of states.--Before the beginning of fiscal year 1998, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for the States of California, Texas, and Florida. (B) Second and third groups of states.--Before the beginning of fiscal year 1999, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for at least \1/2\ of the States that are not described in subparagraph (A). Before the beginning of fiscal year 2000, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for each of the remaining States. To the maximum extent possible, the Secretary shall make an equal number of determinations under this subparagraph before fiscal year 1999 and before fiscal year 2000. (3) Determinations.--Pursuant to paragraph (2), the Secretary of Commerce shall determine for a State before the beginning of a fiscal year-- (A) the average number of eligible illegal alien students in the State for any school day during the school year ending during the fiscal year; and (B) the average incremental increase in per pupil expenditures for public education benefits in the State for such school year that is determined to be attributable to the enrollment of eligible illegal alien students in public elementary and secondary schools, as determined based on statistics of the National Center for Education Statistics relating to expenditure per pupil in average daily attendance in public elementary and secondary schools. (f) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year (beginning with fiscal year 1998) such sums as may be necessary to make grants under this section. (g) State Defined.--In this Act, the term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act.

Summary: Equity in Public Education Act of 1996 - Directs the Secretary of Education to make payments to eligible States to reimburse local educational agencies for specified costs of educating certain illegal alien students. Provides for such payments first to the States of California, Texas, and Florida. Provides for later payments to second and third groups of eligible States. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Fraudulent Intercountry Adoption Practices Act of 1996''. SEC. 2. CRIMINAL PROVISIONS. (a) In General.--Title 18 of the United States Code is amended by redesignating chapter 2 as chapter 2B and inserting before such chapter the following: ``CHAPTER 2A--ADOPTION SERVICES ``Sec. ``21. False pretenses in connection with the offering of adoption services. ``22. Placing a child for adoption for compensation. ``23. Definitions. ``24. Effect on State law and regulation. ``CHAPTER 2A--ADOPTION SERVICES ``Sec. 21. False pretenses in connection with the offering of adoption services ``(a) It shall be unlawful for any person, offering to perform any act or render any service in connection with the placement of a child for adoption, to knowingly and willfully falsify, conceal, or cover up by any trick, scheme, or device a material fact, or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, in connection with the performance of such act or the rendition of such service or the offer to do so. ``(b) The material facts, documents, and representations referred to in subsection (a) include-- ``(1) information about the political or legal conditions and circumstances prevalent and anticipated in any country in which the legal proceedings of the adoption are to take place and which may affect the adoption process, including, but not limited to, information regarding how such conditions and circumstances may affect the time period in which the adoption process is to be completed; and ``(2) information released by the United States Department of State in the form of travel notices and other advisories regarding the adoption process in any country in which the legal proceedings of the adoption are to take place. ``(c) Any person who violates this section shall be imprisoned not more than 5 years, fined not more than $10,000, or both. ``Sec. 22. Placing a child for adoption for compensation ``(a) It shall be unlawful for any person to knowingly and willfully solicit or receive money or any thing of value, or the promise thereof, for placing or arranging for the placement of any child for adoption under circumstances that would require or result in such child being transported in interstate or foreign commerce. ``(b) Any person who violates this section shall be imprisoned not more than 5 years, fined not more than $10,000, or both. ``(c) This section shall not apply to any person who-- ``(1) solicits or receives money or any thing of value as the bona fide agent of a child care or adoption agency, public or private, which is authorized or licensed by a State to place children for adoption, in exchange for services rendered by the agency; ``(2) solicits or receives reasonable services rendered in connection with the consultation regarding, and the preparation and execution of documents necessary to accomplish, the legal placement of a child for adoption; or ``(3) solicits or receives reasonable fees solely in connection with the consultation regarding, and the rendition of, professional medical services related to the prenatal care of a woman or the delivery, examination, or treatment of a child for adoption. ``Sec. 23. Definitions ``As used in this chapter: ``(1) The term `child' has the meaning given such term in section 101(b)(1)(F) of the Immigration and Nationality Act. ``(2) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. ``Sec. 24. Effect on State law and regulation ``Nothing in this chapter shall be construed to limit or otherwise affect the applicability or validity of any State law or regulation that may govern the placement of children in a home for adoption.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 2 and inserting the following: ``2A. Adoption practices.................................... 21 ``2B. Aircraft and motor vehicles........................... 31.''. SEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE CIVIL REMEDIES FOR VICTIMS OF FRAUDULENT ADOPTION PRACTICES. (a) Defrauding Prospective Adoptive Parents; Civil Remedies.--It is the sense of the Congress that-- (1) any person who, having accepted money or anything of value in connection with an offer of, or performance of, any service or act relating to the placement of a child for adoption, has committed a violation of the provisions of chapter 2A of title 18, United States Code, should be liable for damages to any individual who has paid money or anything of value for the performance of such service or act; (2) the district courts of the United States should have jurisdiction to hear such cases regardless of the amount in controversy, and the plaintiff in such actions should be entitled to recover any money or thing of value (or the monetary equivalent thereof) which was provided to the defendant in exchange for the offer or promise to perform the act or service in question, in addition to punitive damages, costs of suit, and attorney's fees, where appropriate; and (3) the court may further impose such other penalties that may be provided for by State or Federal law. (b) Defrauding Birth Mother; Civil Remedies.--It is further the sense of the Congress that-- (1) any person who, having agreed to pay the expenses of a pregnant woman in return for the giving up of the child for adoption, commits an act of fraud in either stating the agreement or in performing it, should, if such woman traveled in interstate or foreign commerce because of the agreement, be liable to such woman for damages incurred as a result of the failure to perform any act or service covered by such agreement; (2) the district courts of the United States should have jurisdiction to hear such cases regardless of the amount in controversy, and the plaintiff in such actions should be entitled to recover such consequential and punitive damages, plus costs of suit and attorney's fees, as may be appropriate; and (3) the court may further impose such other penalties that may be provided for by State or Federal law.

Summary: Anti-Fraudulent Intercountry Adoption Practices Act of 1996 - Prohibits any person offering to perform any act or render any service in connection with the placement of a child for adoption from knowingly falsifying or concealing a material fact or from making or using any false document. Defines "material facts, documents, and representations" to include: (1) information about the political or legal conditions and circumstances in any country in which the legal proceedings of the adoption are to take place that may affect the adoption process; and (2) information released by the U.S. Department of State in the form of travel notices and other advisories regarding the adoption process in any such country. Sets penalties for violations. Prohibits knowingly soliciting or receiving money or anything of value for placing any child for adoption under circumstances that require such child to be transported in interstate or foreign commerce, with exceptions. Sets penalties for violations. Expresses the sense of the Congress that there should be civil remedies for victims of fraudulent adoption practices.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Discredit Eternal Listing Inequality of Species Takings Act'' or the ``DELIST Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Delhi Sands Flower-loving Fly (Rhaphiomidas terminates abdominalis) was listed as an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) on September 23, 1993 (58 Fed. Reg. 49881). (2) Nineteen years have passed since the Delhi Sands Flower-loving Fly was listed as an endangered species. (3) The Delhi Sands Flower-loving Fly's listing was based on a high degree of threat and a low potential for recovery for a listed subspecies that may be in conflict with construction or other development projects or other forms of economic activity. (4) On September 14, 1997, a recovery plan was issued for the Delhi Sands Flower-loving Fly. The plan claimed that the resolution of current population data is too poor to effectively evaluate abundance trends or population distributions due to the cryptic nature and rarity of the Delhi Sands flower-loving Fly. Thus, the recovery plan by definition could not establish delisting criteria. (5) The United States Fish and Wildlife Service's report entitled ``Delhi Sands Flower-loving Fly (Rhaphiomidas terminatus abdominalis) 5-Year Review: Summary and Evaluation'' (March 2008; referred to in this section as the ``5-year review report'') establishes that down-listing criterion 2 cannot be evaluated with current knowledge of the Delhi Sands Flower- loving Fly. (6) None of the Delhi Sands Flower-loving Fly conservation areas are currently managed to maintain perpetual sand supply. There is currently insufficient information to determine the extent or long-term importance of this impact to maintaining the dune ecosystem. (7) The cryptic nature and low density of Delhi Sands Flower-loving Fly complicate efforts to effectively monitor population abundance. (8) To date, it has proven difficult to conduct surveys that reliably quantify relevant population variables (e.g., density and relative abundance), and no populations are regularly surveyed with sufficient effort to effectively monitor population trends. (9) Public support for conservation of the sand dune system upon which the Delhi Sands Flower-loving Fly depends is limited. (10) The life history of the Delhi Sands Flower-loving Fly is largely unknown. (11) The 5-year review report asserts that the Delhi Sands Flower-loving Fly was not used to explain larval stages of such fly because the population was too low. Instead, a comparison of entomologists observed several larvae of Rhaphiomidas trochilus, and because R. trochilus is closely related to the Delhi Sands Flower-loving Fly, these observations were used to understand larval biology of the Delhi Sands Flower-loving Fly. (12) A commenter mentioned in the 5-year review report suggested that the Delhi Sands Flower-loving Fly may be non- native to the Riverside/San Bernardino area and may have been accidentally introduced by the early settlers. (13) There is no new information in the scientific literature suggesting that the range of the Delhi Sands Flower- loving Fly is more extensive than initially identified. (14) Although the area of potentially suitable habitat has expanded, no newly discovered occupied site supports a major population of the Delhi Sands Flower-loving Fly that was not known at the time of the listing. (15) Within the section of the 5-year review report relating to abundance, it stated that no clear trends emerge from the demographic data that have been generated since the listing of the Delhi Sands Flower-loving Fly. Due to the cryptic nature and rarity of the Delhi Sands flower loving fly, it is difficult to accurately estimate abundance or density for this subspecies. (16) The 5-year review report claims range-wide surveys have not been attempted due to lack of funding and issues with access to privately owned properties. (17) The 5-year review report indicated that United States Fish and Wildlife Service biologists initiated a study in 2004 designed to improve Delhi Sands Flower-loving Fly survey protocol recommendations. This study required the effort of 3 biologists working 6 days a week during the peak of the flight season, and the data were only marginally adequate to estimate abundance, density, and detection probability. This effort indicated that measurement of population demographic trends will likely require substantial effort unless new techniques prove effective. (18) Because most Delhi Sands Flower-loving Fly habitat is in private ownership and no regulations are in place to address loss of unoccupied Delhi Sands Flower-loving Fly habitat, the permanent loss of potential and restorable Delhi Sands Flower- loving Fly habitat important to recovery often proceeds. (19) Most of the existing Delhi Sands Flower-loving Fly conservation sites are likely too small and fragmented to sustain Delhi Sands Flower-loving Fly populations through time. (20) In addition, while protected from development, most of the existing conservation areas remain susceptible to invasion by nonnative grasses, off-road vehicle use, and other disturbances. (21) Most conservation areas do not have monitoring programs to track Delhi Sands flower-loving fly occupancy or habitat quality. (22) With at least 90 percent loss of historical Delhi Soils, potential and suitable Delhi Sands Flower-loving Fly habitat available for conservation and restoration is extremely limited. (23) At the time of listing in 1993, there were only five small, isolated, extant populations of Delhi Sands Flower- loving Fly. (24) The 5-year review report states that recent observations, and the continued habitat loss and fragmentation, all suggest that population sizes of the Delhi Sands Flower- loving Fly are likely to be very small. Here, it is clear that the United States Fish and Wildlife Service does not know the size of the population. It may be possible that there is no longer a population to protect. (25) It is commonly accepted in conservation biology that small populations have higher probabilities of extinction than larger populations because their low numbers make them susceptible to inbreeding, loss of genetic variation, high variability in age and sex ratios, demographic stochasticity, and random naturally occurring events such as wildfires, floods, droughts, or disease epidemics. (26) Delhi Sands Flower-loving Fly populations were considered to be at risk at the time the subspecies was listed because of their small size and habitat fragmentation. We have no information suggesting that these threats have been ameliorated since the time of listing. (27) Monitoring efforts since the time of listing, though limited, do not suggest population increases, and it is reasonable to believe that Delhi Sands Flower-loving Fly populations are likely to be very small. (28) Together, small population size, isolation, populations in fragmented habitat, and increased vulnerability to introduced predators and competitors increase the risk of extirpation of the remaining Delhi Sands Flower-loving Fly populations. (29) Continued listing of the Delhi Sands Flower-loving Fly as an endangered species is not based on the best scientific and commercial data available. The 5-year review report relied on research conducted in 1993 or 2002. The research is 19 and 9 years old, respectively. The 5-year review report has not shown that the Delhi Sands Flower-loving Fly exist nor has there been a substantial increase of population during the 19 years of protection by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. TREATMENT OF CERTAIN SPECIES AS EXTINCT. Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et sq.) is amended by adding at the end the following new paragraph: ``(4) Treatment of Certain Species as Extinct.--(A) A limited listed species shall be treated as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary to be an endangered species, unless the Secretary publishes a finding that-- ``(i) there has been a substantial increase in the population of the species during that period; or ``(ii) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. ``(B) In this paragraph the term `limited listed species' means any species that is listed under subsection (c) as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing.''.

Summary: Discredit Eternal Listing Inequality of Species Takings Act or the DELIST Act - Amends the Endangered Species Act of 1973 (ESA) to treat a limited listed species as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary of the Interior to be an endangered species, unless the Secretary publishes a finding that: (1) there has been a substantial increase in the population of the species during that period; or (2) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. Defines "limited listed species" as any species that is listed as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeting Child Predators Act of 2016''. SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS. Section 3486(a) of title 18, United States Code, is amended-- (1) by striking ``the Secretary of the Treasury'' each place it appears and inserting ``the Secretary of Homeland Security''; (2) in paragraph (5), by striking ``ordered by a court''; and (3) by striking paragraph (6) and inserting the following: ``(6)(A)(i) If a subpoena issued under this section is accompanied by a certification under clause (ii) and notice of the right to judicial review under subparagraph (C), no recipient of a subpoena under this section shall disclose to any person that the Federal official who issued the subpoena has sought or obtained access to information or records under this section, for a period of 180 days. ``(ii) The requirements of clause (i) shall apply if the Federal official who issued the subpoena certifies that the absence of a prohibition of disclosure under this subsection may result in-- ``(I) endangering the life or physical safety of an individual; ``(II) flight from prosecution; ``(III) destruction of or tampering with evidence; ``(IV) intimidation of potential witnesses; or ``(V) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(B)(i) A recipient of a subpoena under this section may disclose information otherwise subject to any applicable nondisclosure requirement to-- ``(I) those persons to whom disclosure is necessary in order to comply with the request; ``(II) an attorney in order to obtain legal advice or assistance regarding the request; or ``(III) other persons as permitted by the Federal official who issued the subpoena. ``(ii) A person to whom disclosure is made under clause (i) shall be subject to the nondisclosure requirements applicable to a person to whom a subpoena is issued under this section in the same manner as the person to whom the subpoena was issued. ``(iii) Any recipient that discloses to a person described in clause (i) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. ``(iv) At the request of the Federal official who issued the subpoena, any person making or intending to make a disclosure under subclause (I) or (III) of clause (i) shall identify to the individual making the request under this clause the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. ``(C)(i) A nondisclosure requirement imposed under subparagraph (A) shall be subject to judicial review under section 3486A. ``(ii) A subpoena issued under this section, in connection with which a nondisclosure requirement under subparagraph (A) is imposed, shall include notice of the availability of judicial review described in clause (i). ``(D) A nondisclosure requirement imposed under subparagraph (A) may be extended in accordance with section 3486A(a)(4).''. SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3486 the following: ``Sec. 3486A. Judicial review of nondisclosure requirements ``(a) Nondisclosure.-- ``(1) In general.-- ``(A) Notice.--If a recipient of a subpoena under section 3486 wishes to have a court review a nondisclosure requirement imposed in connection with the subpoena, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a)(5) of section 3486. ``(B) Application.--Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant subpoena. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the subpoena is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the subpoena is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. ``(C) Consideration.--A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. ``(2) Application contents.--An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Federal official who issued the subpoena indicating that the absence of a prohibition of disclosure under this subsection may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(3) Standard.--A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(4) Extension.--Upon a showing that the circumstances described in subparagraphs (A) through (E) of paragraph (3) continue to exist, a district court of the United States may issue an ex parte order extending a nondisclosure order imposed under this subsection or under section 3486(a)(6)(A) for additional periods of 180 days, or, if the court determines that the circumstances necessitate a longer period of nondisclosure, for additional periods which are longer than 180 days. ``(b) Closed Hearings.--In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 3486. Petitions, filings, records, orders, certifications, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a subpoena under section 3486.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by inserting after the item relating to section 3486 the following: ``3486A. Judicial review of nondisclosure requirements.''.

Summary: Targeting Child Predators Act of 2016 This bill amends the federal criminal code to establish: (1) a certification process with respect to nondisclosure requirements imposed in connection with specified administrative subpoenas, and (2) a judicial review process with respect to the imposition of such requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Health Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks; (2) those risks arise because-- (A) the neurological, immunological, digestive, and other bodily systems of children are still developing; (B) children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; (C) the size and weight of children may diminish their protection from standard safety features; and (D) the behavior patterns of children may make children more susceptible to accidents because children are less able to protect themselves; and (3) each Federal agency, to the extent permitted by law and appropriate, and consistent with the mission of each Federal agency, should-- (A) place a high priority on the identification and assessment of environmental health and safety risks that may disproportionately affect children, including where children live, learn, and play; (B) ensure that the policies, programs, activities, and standards of the Federal agency address disproportionate risks to children that result from environmental health or safety risks; and (C) participate in the implementation of, and comply with, this Act. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Environmental health and safety risk.-- (A) In general.--The term ``environmental health and safety risk'' means an environmental risk to the health or safety of a child that is posed by or otherwise attributable to a substance-- (i) that the child is likely to ingest; or (ii) to which the child may otherwise be exposed. (B) Inclusions.--The term ``environmental health and safety risk'' includes an environmental risk that is posed by or otherwise attributable to-- (i) air that is inhaled by, or that otherwise comes into contact with, a child; (ii) water used by a child for drinking or recreation; (iii) soil; and (iv) chemicals and other substances with which a child may come into contact. (4) Federal agency.--The term ``Federal agency'' means-- (A) any department, agency, or other instrumentality of the Federal Government; (B) any independent agency or establishment of the Federal Government (including any Government corporation); and (C) the Government Printing Office. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Task force.--The term ``Task Force'' means the Task Force to Address Environmental Health and Safety Risks to Children established by section 4(a). SEC. 4. TASK FORCE TO ADDRESS ENVIRONMENTAL HEALTH AND SAFETY RISKS TO CHILDREN. (a) Establishment.--The Administrator, in consultation with the Secretary, shall establish a task force to be known as the ``Task Force to Address Environmental Health and Safety Risks to Children''. (b) Authority.--The Task Force shall report to the President, in consultation with-- (1) the Domestic Policy Council; (2) the National Science and Technology Council; (3) the Council on Environmental Quality; and (4) the Office of Management and Budget. (c) Membership.--The Task Force shall be composed of-- (1) the Administrator of the Environmental Protection Agency, who shall serve as a Co-Chairperson of the Task Force; (2) the Secretary of Health and Human Services, who shall serve as Co-Chairperson of the Task Force; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Attorney General; (6) the Secretary of Energy; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Agriculture; (9) the Secretary of Transportation; (10) the Secretary of Homeland Security; (11) the Director; (12) the Chairperson of the Council on Environmental Quality; (13) the Chairperson of the Consumer Product Safety Commission; (14) the Assistant to the President for Economic Policy; (15) the Assistant to the President for Domestic Policy; (16) the Assistant to the President for, and Director of the Office of, Science and Technology Policy; (17) the Chairperson of the Council of Economic Advisers; and (18) such other officials of Federal agencies as the Administrator and the Secretary may, from time to time, designate. (d) Delegation.--A member of the Task Force may delegate the responsibilities of the member under this Act to 1 or more subordinates. (e) Duties.--The Administrator, in consultation with the Secretary as a co-chair of the Task Force, shall, after providing notice and an opportunity for public participation and comment and, if determined to be appropriate by the Administrator and the Secretary, using a consensus-based approach-- (1) recommend to the President Federal strategies to improve children's environmental health and safety, including-- (A) statements of principles, general policy, and targeted annual priorities to guide the Federal approach to complying with this Act; (B) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in paragraph (2)(A); (C) recommendations for appropriate partnerships among the Federal Government, State, local, and tribal governments, and the private, academic, and nonprofit sectors; (D) proposals to enhance public outreach and communication to assist families in evaluating risks to children (including where children live, learn, and play) and in making informed consumer choices; (E) an identification of high-priority initiatives that the Federal Government has undertaken or will undertake in advancing the protection of children's environmental health and safety; (F) a statement regarding the desirability of new legislation to advance the protection of children's environmental health and safety; and (G) other proposals to enhance the health and safety protection of children by Federal and State governments and by communities and families; (2) not later than 180 days after the date of enactment of this Act, develop or direct to be developed-- (A) a review of existing and planned data resources; and (B) a proposed plan, which shall be reviewed by the Administrator and the Secretary, and other Federal agencies as the Administrator and the Secretary consider appropriate, and which shall be made available for public comment for a period of not less than 30 days-- (i) for use in ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that relates to adverse health risks in children resulting from exposure to environmental health and safety risks; and (ii) that-- (I) promotes the sharing of information on academic and private research; and (II) includes recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies; and (3) submit to Congress (including the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives) and the President, make available to the public, and provide to the Office of Science and Technology Policy and the National Science and Technology Council for use in establishing research priorities, a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks, including-- (A) a description provided by Federal agencies and other agencies identified by the Task Force of key data needs relating to environmental health and safety risks that have arisen in the course of carrying out projects and activities of the Federal agencies; and (B) a description of the accomplishments of the Task Force. SEC. 5. ADMINISTRATION. (a) In General.--This Act applies only to the Executive branch. (b) Effect of Act.--This Act does not create or establish any substantive or procedural right, benefit, or trust responsibility, enforceable at law or equity, by a party against the United States (including any agency, officer, or employee of the United States). (c) Judicial Review.--This Act does not create or establish any right to judicial review involving the compliance or noncompliance with this Act by-- (1) the United States (including any agency, officer, or employee of the United States); or (2) any other person.

Summary: Children's Environmental Health Protection Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish the Task Force to Address Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies to improve children's environmental health and safety; (2) develop a review of existing and planned data resources and a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks; and (3) submit a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Stem Cell Research Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Past investments in biomedical research have resulted in better health, an improved quality of life for all Americans, and a reduction in national health care expenditures. (2) The Nation's commitment to biomedical research has expanded the base of scientific knowledge about health and disease and revolutionized the practice of medicine. (3) Research sponsored by the National Institutes of Health is responsible for the identification of genetic mutations relating to nearly 100 diseases, including Alzheimer's disease, cystic fibrosis, Huntington's disease, osteoporosis, many forms of cancer, and immune deficiency disorders. (4) Many Americans still face serious and life-threatening health problems, both acute and chronic. (5) Neurodegenerative diseases of the elderly, such as Alzheimer's and Parkinson's disease, threaten to destroy the lives of millions of Americans. (6) Cancer remains a comprehensive threat to any tissue or organ of the body at any age, and remains a leading cause of morbidity and mortality. (7) The extent of psychiatric and neurological diseases poses considerable challenges in understanding the workings of the brain and nervous system. (8) Diabetes, both insulin and noninsulin forms, afflicts 16 million Americans and places them at risk for acute and chronic complications, including blindness, kidney failure, atherosclerosis, and nerve degeneration. (9) Recent scientific developments show that human stem cell research based on ethically responsible stem cell sources may lead to exponential improvements in the treatment of many terminal and debilitating conditions, from cancer to Parkinson's to Alzheimer's to diabetes to heart disease. (10) To take full advantage of the tremendous potential for finding a cure or effective treatment for many debilitating diseases, the Federal investment in ethical stem cell research must be expanded. SEC. 3. NATIONAL STEM CELL DONOR BANK. (a) In General.--The Secretary of Health and Human Services shall by contract establish and maintain a National Stem Cell Donor Bank (in this section referred to as the ``Donor Bank''). The purpose of the Donor Bank shall be to seek and preserve donations of qualifying human stem cells and to make such donated cells available for biomedical research and for therapeutic purposes. (b) Qualifying Human Stem Cells.--For purposes of this Act, the term ``qualifying human stem cells'' means human stem cells obtained from human placentas, umbilical cord blood, organs or tissues of a living or deceased human being who has been born, or organs or tissues of unborn human offspring who died of natural causes (such as spontaneous abortion). (c) Administration of Donor Bank.--The Donor Bank shall be under the general supervision of the Secretary, and under the direction of a board of directors meeting such criteria as the Secretary may establish. (d) Patient Registry.--The Donor Bank shall with respect to qualifying human stem cells-- (1) operate a registry of patients who are transplant candidates; (2) establish a system for finding donors who are unrelated to the candidate patients and are suitably matched to the patients; and (3) carry out informational and educational activities. (e) Criteria.--The Secretary shall establish criteria for the Donor Bank and other entities that participate in the program under this section, including-- (1) quality standards and standards for tissue typing and obtaining the informed consent of donors, or the parents or legal representatives of donors as appropriate; (2) donor selection criteria, based on established medical criteria, to protect both donors and transplant recipients and to prevent the transmission of potentially harmful infectious diseases; (3) procedures to ensure the proper collection and transportation of qualifying human stem cells; and (4) standards that-- (A) require the establishment of a system of strict confidentiality of records relating to the identity and address of and medical information on patients and donors; and (B) prescribe the purposes for which the records described in subparagraph (A) may be disclosed, and the circumstances and extent of the disclosure. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. SEC. 4. USE OF QUALIFYING HUMAN STEM CELLS IN RESEARCH CONDUCTED OR SUPPORTED BY NATIONAL INSTITUTES OF HEALTH. (a) In General.--The Secretary, acting through the Director of the National Institutes of Health, may conduct and support research that uses qualifying human stem cells. (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $30,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. SEC. 5. DEFINITIONS. For purposes of this Act: (1) The term ``qualifying human stem cells'' has the meaning given such term in section 3. (2) The term ``Secretary'' means the Secretary of Health and Human Services.

Summary: Responsible Stem Cell Research Act of 2001- Directs the Secretary of Health and Human Services to establish by contract a National Stem Cell Donor Bank to preserve qualifying human stem cells and make such cells available for biomedical research and therapeutic purposes.Authorizes the Secretary, through the National Institutes of Health, to conduct and support human stem cell research.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Immigration Services Consumer Protection Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Criminal penalty for immigration consultants not meeting requirements. Sec. 4. Exception for attorneys, representatives of recognized organizations, and others; recognition and accreditation of representatives. Sec. 5. Education through community outreach programs. Sec. 6. Non-preemption of more protective State laws. Sec. 7. Confidentiality of information. Sec. 8. Effective date. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Attorney.--The term ``attorney'' means a person licensed and authorized to practice law in the area in which the person is acting as an immigration consultant. (2) Compensation.--The term ``compensation'' means money, property, promise of payment, or anything of value, provided directly or indirectly. (3) Immigration consultant.--The term ``immigration consultant'' means any person that provides assistance or advice on an immigration matter, including-- (A) completing a form provided by a Federal or State agency; (B) translating a person's answer to questions asked on such a form; (C) securing for a person supporting documents (such as birth and marriage certificates) which may be necessary to complete those forms; (D) submitting completed forms, on a client's behalf and at the client's request, to the Immigration and Naturalization Service; (E) making referrals to attorneys to represent the client in the matter; or (F) preparing or arranging for the preparation of photograph or fingerprint in connection with the matter. (4) Immigration matter.--the term ``immigration matter'' means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under any immigration or naturalization law, Executive order, or Presidential proclamation, or action of the Immigration and Naturalization Service, the Department of State, or the Department of Labor. SEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULTANTS NOT MEETING REQUIREMENTS. (a) In General.--Except as provided in section 4, any person who acts as an immigration consultant with respect to an immigration matter for any client for compensation and who knowingly fails to meet a requirement of subsection (b) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (b) Requirements.--The requirements of this subsection for a person acting as an immigration consultant in an immigration matter for a client are as follows: (1) Consultant license required.--The person shall have a license as an immigration consultant issued by the Immigration and Naturalization Service after the person has made an application that meets such requirements as the Attorney General may impose. (2) Written contract.--The person shall not act as an immigration consultant in the immigration matter on behalf of the client unless the person has entered into a written agreement with the client that meets the following requirements: (A) The agreement includes a description of-- (i) the services to be performed by the person under the agreement, and (ii) the amounts to be paid by the client. (B) The agreement includes a statement, printed on the face of the contract in boldface type no smaller than 10 point, that the person is not an attorney and may not perform legal services. (C) The agreement includes a conspicuous statement (in both English and the other principal language of the client, if it is not English) that the client has the right to rescind the agreement within 72 hours of the time it is executed. (D) The agreement shall not include-- (i) any guarantee or promise with respect to the disposition of the Immigration and Naturalization Service and the Attorney General on the matter; or (ii) any statement that the person can or will obtain special favors from or has special influence with the Service or the Attorney General on the matter. (3) Office notice.--The person shall conspicuously display in any office in which the person meets with clients a notice, not smaller than 12 inches by 20 inches and in boldface print no smaller one inch in height, that includes the following information: (A) A copy of the license issued under paragraph (1), including the full name, address, and license number of the person. (B) A statement that the person is not an attorney. (4) Notice of change of address.--The person shall notify the Immigration and Naturalization Service within 30 days of any change of name, address, or telephone number. (5) Delivery of documents.--The person shall deliver to the client a copy of each document or form completed on the client's behalf. (6) Returning documents to client.--The person shall, upon request of the client, return to the client any original documents of the client in the possession of the person that were delivered to the person in order to provide services for the client. SEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES OF RECOGNIZED ORGANIZATIONS, AND OTHERS; RECOGNITION AND ACCREDITATION OF REPRESENTATIVES. (a) In General.--Section 3(a) shall not apply to the following: (1) Attorneys.--An attorney. (2) Law students and law graduates not yet admitted to the bar.--A law student who is enrolled in an accredited law school, or a law graduate who is not yet admitted to the bar, where the following conditions are satisfied: (A) Request.--The student or graduate is appearing at the request of the person entitled to representation. (B) Statement of law student.--In the case of a law student, the student has filed a statement that the student is participating, under the direct supervision of a faculty member or an attorney, in a legal aid program or clinic conducted by a law school or non- profit organization, and that the student is appearing without direct or indirect remuneration from person represented. (C) Statement of law graduate.--In the case of a law graduate, the graduate has filed a statement that the graduate is appearing under the supervision of a licensed attorney or accredited representative and that the graduate is appearing without direct or indirect remuneration from the person represented. (D) Official permission.--The law student's or law graduate's appearance is permitted by the official or officials before whom the student or graduate wishes to appear. The official or officials may require that a law student be accompanied by the supervising faculty member or attorney. (3) Accredited representatives of recognized organizations.--An individual who is an accredited representative of an organization that is recognized under subsection (b). (4) Accredited officials.--An accredited official, in the United States, of the government to which an alien owes allegiance, if the official appears solely in an official capacity and with the alien's consent. (5) Grandfather.--A person, other than a representative of an organization described in subsection (b), who on December 23, 1952, was authorized to practice before the Board of Immigration Appeals and the Immigration and Naturalization Service. (b) Recognition of Qualified Organizations; Accreditation of Representatives.-- (1) In general.--The Attorney General shall establish a process-- (A) for the recognition of nonprofit religious, charitable, social service, or similar organization established in the United States; and (B) for the accreditation of representatives of a recognized organization to provide immigration services, including practicing before the Immigration and Naturalization Service and the Board of Immigration Appeals, on behalf of the organization. (2) Qualifications.-- (A) Recognition.--An organization shall not be recognized under paragraph (1)(A) unless the organization establishes to the satisfaction of the Attorney General that it has at its disposal adequate knowledge, information and experience. (B) Accreditation of representatives.--A representative may not be accredited under paragraph (1)(B) unless the representative-- (i) is of good moral character; and (ii) has sufficient experience and knowledge of immigration and naturalization law and procedure to adequately represent clients of the organization in immigration matters. (3) Application process.--The Attorney General shall establish an application process for the recognition of organizations and accreditation of representatives of such organizations under this subsection. As a condition for continuing the recognition of an organization or accreditation of a representative, the Attorney General may require the periodic submission of such application or information as the Attorney General may specify. (4) Withdrawal of recognition or accreditation.--The Attorney General may withdraw recognition of any organization or accreditation of a representative if the organization or representative has failed to maintain the qualifications to be so recognized or accredited, under a process specified by the Attorney General. (5) Use of current standards.--To the extent practicable, the Attorney General shall carry out this subsection in a manner consistent with the recognition and accreditation process provided by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations, as in effect as of the date of the enactment of this Act. (c) Construction.--Nothing in section 3 shall be construed as applying to a person who does not receive direct or indirect compensation for provision of services. SEC. 5. EDUCATION THROUGH COMMUNITY OUTREACH PROGRAMS. The Attorney General is authorized to provide grants to States in order to provide community outreach programs through State and local government agencies to educate individuals who use immigration consultants regarding the requirements of this Act. SEC. 6. NON-PREEMPTION OF MORE PROTECTIVE STATE LAWS. The provisions of this Act supersede State laws only to the extent the State laws prevent the application of section 3. States may impose requirements that are in addition to the requirements established under this Act. SEC. 7. CONFIDENTIALITY OF INFORMATION. (a) In General.--Except as provided in this section, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may use the information furnished by any person (including an alien who is not lawfully present in the United States) specifically in relation to a violation of this Act for any purpose other than to carry out this Act (including prosecutions under section 3). If such information is furnished by an alien who is not lawfully present in the United States, such information shall not be used for the purpose of identifying and removing the person from the United States or imposing other sanctions against the person, except if the information furnished is false or fraudulent. (b) Construction.--Nothing in this section shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Immigration and Naturalization Service, other than information furnished under subsection (a) that is not available from any other source. (c) Crime.--Whoever knowingly uses information in violation of this section shall be fined not more than $10,000. SEC. 8. EFFECTIVE DATE. This Act applies to actions taken as an immigration consultant on and after such date (not later than 2 years after the date of the enactment of this Act) as the Attorney General shall specify in regulations.

Summary: Authorizes the Attorney General to provide State grants to educate persons respecting the requirements of this Act. Provides for confidentiality of information provided under this Act, and fines for knowing violation of such confidentiality.


SECTION 1. TAXATION OF UNITED STATES CRUISE INDUSTRY INCOME OF NONRESIDENT ALIENS AND FOREIGN CORPORATIONS. (a) United States Cruise Industry Income Treated as Effectively Connected to the Conduct of a Trade or Business Within the United States.-- (1) Income from sources without the united states.-- (A) In general.--Paragraph (4) of section 864(c) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) United states cruise industry income.-- ``(i) In general.--United States cruise industry income shall be treated as effectively connected with the conduct of a trade or business within the United States. ``(ii) United states cruise industry income.--For purposes of this subparagraph, the term `United States cruise industry income' means income attributable to any covered passenger cruise (as defined in paragraph (8)), including income directly or indirectly attributable to the carriage of passengers and any on-board or off-board activities incidental to such covered passenger cruise.''. (B) Covered passenger cruise.--Subsection (c) of section 864 of such Code is amended by adding at the end the following new paragraph: ``(8) Covered passenger cruise.--For purposes of paragraph (4)(C)-- ``(A) Definition.-- ``(i) In general.--The term `covered passenger cruise' means a voyage of a commercial passenger cruise vessel-- ``(I) that extends over 1 or more nights, and ``(II) during which passengers embark or disembark the vessel in the United States. ``(ii) Exceptions for certain voyages.-- Such term shall not include any voyage-- ``(I) on any vessel owned or operated by the United States, a State, or any subdivision thereof, ``(II) which occurs exclusively on the inland waterways of the United States, or ``(III) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States. ``(B) Passenger cruise vessel.--For purposes of subparagraph (A)-- ``(i) In general.--The term `passenger cruise vessel' means any passenger vessel having berth or stateroom accommodations for at least 250 passengers. ``(ii) Exceptions.--Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part. ``(iii) Definitions.--Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title.''. (C) Conforming amendment.--Subparagraph (A) of section 864(c)(4) of such Code is amended by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraphs (B), (C), and (D)''. (2) Income from sources within the united states.-- Paragraph (4) of section 887(b) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to with respect to any United States source gross transportation income which is United States cruise industry income (as defined in section 864(c)(4)(C)(ii)).''. (b) Repeal of Exemption From Gross Income for Certain Taxpayers.-- (1) Nonresident aliens.--Paragraph (1) of section 872(b) of the Internal Revenue Code of 1986 is amended by inserting ``(other than United States cruise industry income (as defined in section 864(c)(4)(C)))'' after ``or ships''. (2) Foreign corporations.--Paragraph (1) of section 883(a) of such Code is amended by inserting ``(other than United States cruise industry income (as defined in section 864(c)(4)(C)))'' after ``or ships''. (c) Income Tax Treaties.--Section 894 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Rule for United States Cruise Industry Income.-- Notwithstanding subsection (a), no tax exemption or reduced tax rate shall be permitted under any treaty of the United States with respect to United States cruise industry income (as defined in section 864(c)(4)(C)).''. (d) Effective Date.--The amendments made by this section shall apply to income attributable to voyages made after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to treat United States cruise industry income as effectively connected with the conduct of a trade or business within the United States (thus subjecting such income to U.S. income taxation). Defines "United States cruise industry income" as income attributable to a voyage of a commercial passenger cruise vessel (a passenger vessel having berth or stateroom accommodations for at least 250 passengers) that extends over 1 or more nights and during which passengers embark or disembark the vessel in the United States. Prohibits any tax exemption or reduced tax rate under any U.S. treaty with respect to United States cruise industry income.