Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liability Reform for Volunteer
Services Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the increasingly litigious nature of the legal
        profession in the United States has created an unnecessary and
        ultimately harmful barrier between the traditional desire of
        individuals to help other individuals and their ability to act
        on those desires;
            (2) the cost of lawsuits, excessive, unpredictable, and
        often arbitrary damage awards, and unfair allocations of
        liability have a direct and chilling effect on the spirit of
        volunteerism and the provision of charitable service in the
        United States;
            (3) arbitrary and capricious damage awards against
        volunteers and charitable institutions have contributed
        considerably to the high cost of liability insurance, making it
        difficult and often impossible for volunteers and volunteer
        service organizations to be protected from liability as those
        volunteers and many volunteer service organizations serve the
        public without regard to receiving any personal or
        institutional economic benefits from that service;
            (4) as a result, volunteer service organizations throughout
        the United States have been adversely affected and often
        debilitated as volunteers have refused to help because of a
        fear of frivolous lawsuits;
            (5) without a resurgence in volunteerism, the essential
        services that volunteer service organizations provide,
        including crisis counseling, volunteer rescue services, coaches
        and referees for sports activities of children, and support for
        the elderly, will continue to diminish;
            (6) clarifying and limiting the personal liability risks
        assumed by individuals and institutions who volunteer to help
        others without benefit to themselves is an appropriate subject
        for Federal legislation because--
                    (A) of the national scope of the problems created
                by the legitimate fears of volunteers about frivolous,
                arbitrary, or capricious lawsuits; and
                    (B) the citizens of the United States depend on,
                and the Federal Government expends funds on, numerous
                social programs that depend on the services of
                volunteers; and
                    (C) it is in the interest of the Federal Government
                to encourage the continued operation of volunteer
                service organizations and contributions of volunteers
                because the Federal Government lacks the capacity to
                carry out all of the services provided by such
                organizations and volunteers; and
            (7) liability reform for volunteer service organizations
        will promote the free flow of goods and services, lessen
        burdens on interstate commerce and uphold constitutionally
        protected due process rights and that liability reform is thus
        an appropriate use of the powers contained in article I,
        section 8, clause 3 of the United States Constitution, and the
        fourteenth amendment to the United States Constitution.
    (b) Purposes.--The purposes of this Act are to provide protection
from personal financial liability for volunteers and volunteer service
organizations that provide volunteer services that are conducted in
good faith--
            (1) to promote the interests of social service program
        beneficiaries and taxpayers; and
            (2) to sustain the availability of programs, volunteer
        service organizations, and governmental entities that depend on
        volunteer contributions and services; and
            (3) to provide the protection by--
                    (A) placing reasonable limits on punitive damages;
                    (B) ensuring the fair allocation of liability in
                certain civil actions; and
                    (C) establishing greater fairness, rationality, and
                predictability in the civil justice system of the
                United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Claimant.--
                    (A) In general.--The term ``claimant'' means any
                person who asserts a claim for damages in an action
                covered by this Act and any person on whose behalf such
                a claim is asserted.
                    (B) Claimants for certain claims.--If a claim
                described in subparagraph (A) is asserted through or on
                behalf of--
                            (i) an estate, the term includes the
                        claimant's decedent; or
                            (ii) a minor or incompetent, the term
                        includes the claimant's legal guardian.
            (2) Clear and convincing evidence.--
                    (A) In general.--The term ``clear and convincing
                evidence'' is that measure or degree of proof that will
                produce in the mind of the trier of fact a firm belief
                or conviction as to the truth of the allegations sought
                to be established.
                    (B) Degree of proof.--The degree of proof required
                to satisfy the standard of clear and convincing
                evidence shall be--
                            (i) greater than the degree of proof
                        required to meet the standard of preponderance
                        of the evidence; and
                            (ii) less than the degree of proof required
                        to meet the standard of proof beyond a
                        reasonable doubt.
            (3) Compensatory damages.--The term ``compensatory
        damages'' means damages awarded for economic and noneconomic
        loss.
            (4) Economic loss.--The term ``economic loss'' means any
        pecuniary loss resulting from harm (including the loss of
        earnings or other benefits related to employment, medical
        expense loss, replacement services loss, loss due to death,
        burial costs, and loss of business or employment opportunities)
        to the extent recovery for such loss is allowed under
        applicable State law.
            (5) Harm.--The term ``harm'' means--
                    (A) any physical injury, illness, disease, or
                death;
                    (B) damage to property; or
                    (C) economic loss, including any direct or
                consequential economic loss.
            (6) Health care provider.--The term ``health care
        provider'' means any person, organization, or institution
        that--
                    (A) is engaged in the delivery of health care
                services in a State; and
                    (B) is required by the applicable laws (including
                regulations) of a State to be licensed, registered, or
                certified by the State to engage in the delivery of
                health care services in the State.
            (7) Noneconomic loss.--The term ``noneconomic loss'' means
        subjective, nonmonetary loss resulting from harm, including
        pain, suffering, inconvenience, mental suffering, emotional
        distress, loss of society and companionship, loss of
consortium, injury to reputation, and humiliation.
            (8) Person.--The term ``person'' means any individual,
        corporation, company, association, firm, partnership, society,
        joint stock company, or any other entity (including any
        governmental entity).
            (9) Punitive damages.--The term ``punitive damages'' means
        damages awarded against any person to punish or deter that
        person or any other person, from engaging in similar behavior
        in the future.
            (10) State.--The term ``State'' means any State of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
        Guam, American Samoa, and any other territory or possession of
        the United States or any political subdivision of any of the
        foregoing.
            (11) Volunteer service organization.--The term ``volunteer
        service organization'' means a not-for-profit organization
        (other than a health care provider) organized and conducted for
        public benefit and operated primarily for charitable, civic,
        educational, religious, welfare, or health purposes.
            (12) Volunteer services.--The term ``volunteer services''
        means services provided, in good faith, without compensation or
        other pecuniary benefit (other than reimbursement of expenses
        incurred in providing such services) inuring to the benefit of
        the service provider or any other person (other than the
        recipient of the volunteer service), and within the scope of
        the official functions and duties of the service provider with
        a volunteer service organization or governmental entity.

SEC. 4. APPLICABILITY.

    (a) In General.--
            (1) Covered claims.--Subject to paragraph (2), this Act
        governs any claim for damages in any civil action brought in
        any State or Federal court in any case in which the claim
        relates to--
                    (A) volunteer services performed by the defendant
                for a governmental entity or a volunteer service
                organization; or
                    (B) activities or services performed by a volunteer
                service organization.
            (2) Actions excluded.--The limitations on damages contained
        in this Act shall not apply in any action described in
        subparagraph (A) or (B) of paragraph (1) in any case in which--
                    (A) the misconduct for which damages are awarded --
                            (i) constitutes a crime of violence (as
                        that term is defined in section 16 of title 18,
                        United States Code) or an act of international
                        terrorism (as that term is defined in section
                        2331(1) of title 18, United States Code) for
                        which the defendant has been convicted in any
                        court;
                            (ii) constitutes a hate crime (as that term
                        is used in the Hate Crime Statistics Act (28
                        U.S.C. 534 note)) for which the defendant has
                        been convicted in any court;
                            (iii) involves a sexual offense, as defined
                        by applicable State law, for which the
                        defendant has been convicted in any court; or
                            (iv) involves misconduct for which the
                        defendant has been found to have violated a
                        Federal or State civil rights law for which the
                        defendant has been convicted in any court; or
                    (B) the defendant was found to be under the
                influence (as determined pursuant to applicable State
                law) of intoxicating alcohol or any drug, at the time
                of the misconduct for which damages are awarded and
                such influence was a proximate cause of the harm that
                is the subject of the action.
    (b) Relationship to State Law.--This Act supersedes State law only
to the extent that State law applies to an issue covered by this Act.
Any issue (including any standard of liability) that is not governed by
this Act shall be governed by otherwise applicable State or Federal
law.
    (c) Effect on Other Law.--Nothing in this Act shall be construed
to--
            (1) waive or affect any defense of sovereign immunity
        asserted by any State under any law;
            (2) supersede or alter any other Federal law;
            (3) waive or affect any defense of sovereign immunity
        asserted by the United States;
            (4) affect the applicability of any provision of chapter 97
        of title 28, United States Code;
            (5) preempt State choice-of-law rules with respect to
        claims brought by a foreign nation or a citizen of a foreign
        nation;
            (6) affect the right of any court to transfer venue or to
        apply the law of a foreign nation or to dismiss a claim of a
        foreign nation or of a citizen of a foreign nation on the
        ground of inconvenient forum; or
            (7) supersede or modify any statutory or common law,
        including any law providing for an action to abate a nuisance,
        that authorizes a person to institute an action for civil
damages or civil penalties, cleanup costs, injunctions, restitution,
cost recovery, punitive damages, or any other form of relief for
remediation of the environment (as defined in section 101(8) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601(8)).

SEC. 5. UNIFORM STANDARD FOR AWARD OF PUNITIVE DAMAGES.

    Punitive damages may, to the extent permitted by applicable State
or Federal law, be awarded against a defendant if the claimant
establishes by clear and convincing evidence that conduct carried out
by the defendant with a conscious, flagrant indifference to the rights
or safety of others was the proximate cause of the harm that is the
subject of the action in any civil action for a claim described in
subparagraph (A) or (B) of section 4(a)(1).

SEC. 6. LIMITATION ON THE AMOUNT OF PUNITIVE DAMAGES.

    The amount of punitive damages that may be awarded in an action
described in section 5 shall not exceed the lesser of--
            (1) twice the sum of the amounts awarded to the claimant
        for economic loss and noneconomic loss; or
            (2) $250,000.

SEC. 7. PREEMPTION.

    (a) In General.--This Act does not--
            (1) create a cause of action for punitive or compensatory
        damages; or
            (2) preempt or supersede any State or Federal law to the
        extent that such law further limits the amount of an award of
        punitive or compensatory damages.
    (b) Remittitur.--Nothing in this section shall modify or reduce the
ability of courts to grant a remittitur.

SEC. 8. APPLICATION BY COURT.

    The application of the limitation imposed by section 6 may not be
disclosed to a jury by a court. Nothing in this section authorizes the
court to enter an award of punitive damages in excess of the initial
award of punitive damages awarded by a jury.

SEC. 9. BIFURCATION AT REQUEST OF ANY PARTY.

    (a) In General.--At the request of any party the trier of fact, in
any action for punitive damages that is subject to this Act, shall
consider in a separate proceeding, held subsequent to the determination
of the amount of compensatory damages, whether punitive damages are to
be awarded for the harm that is the subject of the action and the
amount of the award.
    (b) Inadmissibility of Evidence Relevant Only to a Claim of
Punitive Damages in a Proceeding Concerning Compensatory Damages.--If
any party requests a separate proceeding under subsection (a), in a
proceeding to determine whether the claimant may be awarded
compensatory damages, any evidence, argument, or contention that is
relevant only to the claim of punitive damages, as determined by
applicable State law, shall be inadmissible.

SEC. 10. LIABILITY FOR COMPENSATORY DAMAGES.

    (a) General Rule.--In any action described in subparagraph (A) or
(B) of section 4(a)(1) brought against more than one defendant, the
liability of each defendant for compensatory damages shall be
determined in accordance with this section.
    (b) Amount of Liability for Compensatory Damages.--
            (1) In general.--Each defendant shall be liable only for
        the amount of compensatory damages allocated by the trier of
        fact to the defendant in direct proportion to the percentage of
        responsibility of the defendant (determined in accordance with
        paragraph (2)) for the harm to the claimant with respect to
        which the defendant is found to be liable. The court shall
        render a separate judgment against each defendant in an amount
        determined pursuant to the preceding sentence.
            (2) Percentage of responsibility.--For purposes of
        determining the amount of compensatory damages allocated to a
        defendant under this section, the trier of fact in an action
        described in subsection (a) shall determine the percentage of
        responsibility of each person responsible for the harm to the
        claimant, without regard to whether that person is party to the
        action.

Output:
Liability Reform for Volunteer Services Act - Applies provisions of this Act to claims for damages in any Federal or State court civil action relating to:  (1) volunteer services performed by the defendant for either a governmental entity or a volunteer service organization; or (2) activities or services performed by a volunteer service organization.
Allows punitive damages to be awarded against such a defendant if the claimant establishes by clear and convincing evidence that the defendant's conduct exhibited a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action.  Limits the amount of punitive damages to the lesser of:  (1) twice the sum of the amounts awarded for economic and noneconomic loss; or (2) $250,000.
States that this Act does not create a cause of action or preempt or supersede any Federal or State law that further limits the amount of awards for punitive or compensatory damages in such a cause of action.
Prohibits the disclosure to a jury of the punitive damages limitations of this Act.
Requires, at the request of any party, the question of punitive damages to be considered in a separate proceeding after the determination of compensatory damages.  Prohibits the admission of evidence concerning punitive damages during a separate action considering only compensatory damages.
Requires, in an action brought against more than one defendant, each defendant to be liable only for the amount of compensatory damages allocated to that defendant by the trier of fact in direct proportion to the percentage of responsibility for the harm for which the defendant is found liable.  Requires a separate judgment against each defendant in such cases.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Cloning Ban and Stem Cell
Research Protection Act of 2005''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to prohibit human cloning and to
protect important areas of medical research, including stem cell
research.

                 TITLE I--PROHIBITION ON HUMAN CLONING

SEC. 101. PROHIBITION ON HUMAN CLONING.

    (a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended by adding at the end the following:

               ``CHAPTER X--PROHIBITION ON HUMAN CLONING

``SEC. 1001. PROHIBITION ON HUMAN CLONING.

    ``(a) Definitions.--In this section:
            ``(1) Human cloning.--The term `human cloning' means
        implanting or attempting to implant the product of nuclear
        transplantation into a uterus or the functional equivalent of a
        uterus.
            ``(2) Human somatic cell.--The term `human somatic cell'
        means any human cell other than a haploid germ cell.
            ``(3) Nuclear transplantation.--The term `nuclear
        transplantation' means transferring the nucleus of a human
        somatic cell into an oocyte from which the nucleus or all
        chromosomes have been or will be removed or rendered inert.
            ``(4) Nucleus.--The term `nucleus' means the cell structure
        that houses the chromosomes.
            ``(5) Oocyte.--The term `oocyte' means the female germ
        cell, the egg.
            ``(6) Unfertilized blastocyst.--The term `unfertilized
        blastocyst' means an intact cellular structure that is the
        product of nuclear transplantation. Such term shall not be
        construed to include any biological product derived from an
        intact cellular structure that is the product of nuclear
        transplantation, including stem cells, other cells, and
        cellular structures.
    ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any
person or other legal entity, public or private--
            ``(1) to conduct or attempt to conduct human cloning;
            ``(2) to ship the product of nuclear transplantation in
        interstate or foreign commerce for the purpose of human cloning
        in the United States or elsewhere; or
            ``(3) to export to a foreign country an unfertilized
        blastocyst if such country does not prohibit human cloning.
    ``(c) Protection of Research.--Nothing in this section shall be
construed to restrict practices not expressly prohibited in this
section.
    ``(d) Right of Action.--Nothing in this section shall be construed
to give any individual or person a private right of action.''.
    (b) Prohibited Acts.--
            (1) In general.--Section 301 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
        the following:
    ``(hh) The violation of paragraph (1), (2), or (3) of section
1001(b) (relating to human cloning).''.
            (2) Criminal penalties.--Section 303(b) of the Federal
        Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by
        adding at the end the following:
            ``(7) Notwithstanding subsection (a), any person who
        violates section 301(hh) shall be imprisoned not more than 10
        years and fined in accordance with title 18, United States
        Code, or both.''.
            (3) Civil penalties.--Section 303 of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at
        the end:
    ``(g)(1) Any person who violates section 301(hh) shall be liable to
the United States for a civil penalty in an amount not to exceed the
greater of--
            ``(A) $10,000,000; or
            ``(B) an amount equal to three times the amount of the
        gross pecuniary gain resulting from the violation.
    ``(2) Paragraphs (3) through (5) of subsection (f) apply with
respect to a civil penalty under this subsection to the same extent and
in the same manner as such paragraphs (3) through (5) apply with
respect to a civil penalty under subsection (f).''.
            (4) Forfeiture.--Section 303 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 333), as amended by paragraph (3), is
        amended by adding at the end the following:
    ``(h) Any property, real or personal, derived from or used to
commit a violation or attempted violation of section 301(hh), or any
property traceable to such property, shall be subject to forfeiture to
the United States in accordance with the procedures set forth in
chapter 46 of title 18, United States Code.''.

SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS.

    (a) Report on Actions by Secretary of HHS to Enforce Prohibition on
Human Cloning.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall prepare
and submit to the Committee on the Judiciary of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that--
            (1) describes the actions taken by the Secretary to enforce
        the provisions of chapter X of the Federal Food, Drug, and
        Cosmetic Act (as added by section 101);
            (2) describes the personnel and resources the Secretary has
        utilized to enforce the provisions of such chapter; and
            (3) contains a list of violations, if any, of the
        provisions of such chapter.
    (b) Report on Coordination of Enforcement Actions Among Federal,
State, and Local Governments With Respect to Human Cloning.--
            (1) Report.--Not later than 1 year after the date of the
        enactment of this Act, the Secretary of Health and Human
        Services shall prepare and submit to the Committee on the
        Judiciary of the Senate and the Committee on Energy and
        Commerce of the House of Representatives a report that--
                    (A) describes how the Secretary coordinates the
                enforcement of violations of section 301(hh) of the
                Federal Food, Drug, and Cosmetic Act (as added by
                section 101) with enforcement actions taken by State or
                local government law enforcement officials with respect
                to similar State laws relating to human cloning; and
                    (B) describes the status and disposition of--
                            (i) Federal appellate litigation with
                        respect to such section 301(hh) and State
                        appellate litigation with respect to similar
                        State laws relating to human cloning; and
                            (ii) civil litigation, including actions to
                        appoint guardians, related to human cloning.
            (2) Definition.--In this subsection, the term ``similar
        State law relating to human cloning'' means a State or local
        law that provides for the imposition of criminal penalties on
        individuals who are determined to be conducting or attempting
        to conduct human cloning (as defined in section 1001 of the
        Federal Food, Drug, and Cosmetic Act (as added by section
        101)).
    (c) Report on International Laws Relating to Human Cloning.--Not
later than 1 year after the date of the enactment of this Act, the
Secretary of Health and Human Services shall prepare and submit to the
Congress a report that--
            (1) describes the laws adopted by foreign countries related
        to human cloning;
            (2) describes the actions taken by the chief law
        enforcement officer in each foreign country that has enacted a
        law described in paragraph (1) to enforce such law; and
            (3) describes the multilateral efforts of the United
        Nations and elsewhere to ban human cloning.

  TITLE II--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH

SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH.

    Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended by adding at the end the following:

  ``PART J--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH

``SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH,
              INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD
              REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY.

    ``(a) Definitions.--
            ``(1) In general.--The definitions contained in section
        1001(a) of the Federal Food, Drug, and Cosmetic Act shall apply
        for purposes of this section.
            ``(2) Other definitions.--In this section:
                    ``(A) Donating.--The term `donating' means giving
                without receiving valuable consideration.
                    ``(B) Fertilization.--The term `fertilization'
                means the fusion of an oocyte containing a haploid
                nucleus with a male gamete (sperm cell).
                    ``(C) Valuable consideration.--The term `valuable
                consideration' does not include reasonable payments--
                            ``(i) associated with the transportation,
                        processing, preservation, or storage of a human
                        oocyte or of the product of nuclear
                        transplantation research; or
                            ``(ii) to compensate a donor of one or more
                        human oocytes for the time or inconvenience
                        associated with such donation.
    ``(b) Applicability of Federal Ethical Standards to Nuclear
Transplantation Research.--Research involving nuclear transplantation
shall be conducted in accordance with subpart A of part 46 of title 45,
or parts 50 and 56 of title 21, Code of Federal Regulations (as in
effect on the date of the enactment of the Human Cloning Ban and Stem
Cell Research Protection Act of 2005), as applicable.
    ``(c) Prohibition on Conducting Nuclear Transplantation on
Fertilized Eggs.--A somatic cell nucleus shall not be transplanted into
a human oocyte that has undergone or will undergo fertilization.
    ``(d) Fourteen-Day Rule.--An unfertilized blastocyst shall not be
maintained more than 14 days from its first cell division, not counting
any time during which it is stored at temperatures less than zero
degrees centigrade.
    ``(e) Voluntary Donation of Oocytes.--
            ``(1) Informed consent.--In accordance with subsection (b),
        an oocyte may not be used in nuclear transplantation research
        unless such oocyte shall have been donated voluntarily by and
        with the informed consent of the woman donating the oocyte.
            ``(2) Prohibition on purchase or sale.--No human oocyte or
        unfertilized blastocyst may be acquired, received, or otherwise
        transferred for valuable consideration if the transfer affects
        interstate commerce.
    ``(f) Separation of in Vitro Fertilization Laboratories From
Locations at Which Nuclear Transplantation Is Conducted.--Nuclear
transplantation may not be conducted in the same laboratory or other
physical facility in which human oocytes are subject to assisted
reproductive technology treatments or procedures.
    ``(g) Civil Penalties.--Whoever intentionally violates any
provision of subsections (b) through (f) shall be subject to a civil
penalty in an amount that is appropriate for the violation involved,
but not more than $250,000.''.

Output:
Human Cloning Ban and Stem Cell Research Protection Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. Sets forth criminal and civil penalties for violations.

Requires the Secretary of Health and Human Services to report to the relevant congressional committees on: (1) actions taken to enforce such prohibitions; (2) coordination of Federal, State, and local enforcement; and (3) international laws relating to human cloning. Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal regulations regarding the protection of human subjects and Institutional Review Boards. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) a human oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; and (5) nuclear transplantation in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures. Sets forth civil penalties for violations.


Input:
SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS
              PLAN PARTICIPANTS.

    (a) Participation in the Thrift Savings Plan.--Section 8351(b) of
title 5, United States Code, is amended--
            (1) by amending paragraph (4) to read as follows:
            ``(4) Section 8433(b) of this title applies to any employee
        or Member who elects to make contributions to the Thrift
        Savings Fund under subsection (a) of this section and separates
        from Government employment.'';
            (2) by striking out paragraphs (5), (6), and (8);
            (3) by redesignating paragraphs (7), (9), and (10) as
        paragraphs (5), (6), and (7), respectively;
            (4) in paragraph (5)(C) (as redesignated under paragraph
        (3) of this subsection) by striking out ``or former spouse'' in
        both places it appears;
            (5) by amending paragraph (6) (as redesignated under
        paragraph (3) of this subsection) to read as follows:
            ``(6) Notwithstanding paragraph (4), if an employee or
        Member separates from Government employment and such employee's
        or Member's nonforfeitable account balance is $3,500 or less,
        the Executive Director shall pay the nonforfeitable account
        balance to the participant in a single payment unless the
        employee or Member elects, at such time and otherwise in such
        manner as the Executive Director prescribes, one of the options
        available under section 8433(b) of this title.''; and
            (6) in paragraph (7) (as redesignated under paragraph (3)
        of this subsection) by striking out ``nonforfeiture'' and
        inserting in lieu thereof ``nonforfeitable''.
    (b) Benefits and Election of Benefits.--Section 8433 of title 5,
United States Code, is amended--
            (1) in subsection (b) by striking out the matter before
        paragraph (1) and inserting in lieu thereof ``Subject to
        section 8435 of this title, any employee or Member who
        separates from Government employment entitled to an annuity
        under subchapter II of this chapter or any employee or Member
        who separates from Government employment is entitled and may
        elect--'';
            (2) by striking out subsections (c) and (d) and
        redesignating subsections (e), (f), (g), (h), and (i) as
        subsections (c), (d), (e), (f), and (g), respectively;
            (3) in subsection (c)(1) (as redesignated under paragraph
        (2) of this subsection) by striking out ``or (c)(4) or required
        under subsection (d) directly to an eligible retirement plan or
        plans) (as defined in section 402(a)(5)(E) of the Internal
        Revenue Code of 1954)'' and inserting in lieu thereof
        ``directly to an eligible retirement plan or plans (as defined
        in section 402(c)(8) of the Internal Revenue Code of 1986)'';
            (4) in subsection (d)(2) (as redesignated under paragraph
        (2) of this subsection) by striking out ``or (c)(2)''; and
            (5) in subsection (f) (as redesignated under paragraph (2)
        of this subsection)--
                    (A) by striking out paragraph (1) and redesignating
                paragraphs (2) and (3) as paragraphs (1) and (2),
                respectively; and
                    (B) in paragraph (1) (as redesignated under
                subparagraph (A) of this paragraph)--
                            (i) by striking out ``Notwithstanding
                        subsections (b) and (c), if an employee or
                        Member separates from Government employment
                        under circumstances making such an employee or
                        Member eligible to make an election under
                        either of those subsections, and such
                        employee's or Member's'' and inserting in lieu
                        thereof ``Notwithstanding subsection (b), if an
                        employee or Member separates from Government
                        employment, and such employee's or Member's'';
                        and
                            (ii) by striking out ``or (c), as
                        applicable''; and
                    (C) in paragraph (2) (as redesignated under
                subparagraph (A) of this paragraph) by striking out
                ``paragraphs (1) and (2)'' and inserting in lieu
                thereof ``paragraph (1)''.
    (c) Annuities: Methods of Payment; Election; Purchase.--Section
8434(c) of title 5, United States Code, is amended to read as follows:
    ``(c) Notwithstanding an elimination of a method of payment by the
Board an employee, Member, former employee, or former Member may elect
the eliminated method if the elimination of such method became
effective less than 5 years before the date on which the annuity
commences.''.
    (d) Protections for Spouses and Former Spouses.--Section 8435 of
title 5, United States Code, is amended--
            (1) in subsection (a)(1)(A) by striking out ``subsection
        (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title
        or change an election previously made under subsection (b)(1),
        (b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof
        ``subsection (b)(3) or (b)(4) of section 8433 of this title or
        change an election previously made under subsection (b)(1) or
        (b)(2)'';
            (2) by striking out subsection (b);
            (3) by redesignating subsections (c), (d), (e), (f), (g),
        (h), and (i) as subsections (b), (c), (d), (e), (f), (g), and
        (h), respectively;
            (4) in subsection (b) (as redesignated under paragraph (3)
        of this subsection) by amending paragraph (2) to read as
        follows:
            ``(2) Paragraph (1) shall not apply, if--
                    ``(A) a joint waiver of such method is made, in
                writing, by the employee or Member and the spouse; or
                    ``(B) the employee or Member waives such method, in
                writing, after establishing to the satisfaction of the
                Executive Director that circumstances described under
                subsection (a)(2) (A) or (B) make the requirement of a
                joint waiver inappropriate.''; and
            (5) in subsection (c)(1) (as redesignated under paragraph
        (3) of this subsection) by striking out ``and a transfer may
        not be made under section 8433(d) of this title''.
    (e) Justices and Judges.--Section 8440a(b) of title 5, United
States Code, is amended--
            (1) in paragraph (5) by striking out ``Section 8433(d)''
        and inserting in lieu thereof ``Section 8433(b)''; and
            (2) by striking out paragraphs (7) and (8) and inserting in
        lieu thereof the following:
            ``(7) Notwithstanding paragraphs (4) and (5), if any
        justice or judge retires under subsection (a) or (b) of section
        371 or section 372(a) of title 28, or resigns without having
        met the age and service requirements set forth under section
        371(c) of title 28, and such justice's or judge's
        nonforfeitable account balance is $3,500 or less, the Executive
        Director shall pay the nonforfeitable account balance to the
        participant in a single payment unless the justice or judge
        elects, at such time and otherwise in such manner as the
        Executive Director prescribes, one of the options available
        under section 8433(b).''.
    (f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5,
United States Code, is amended--
            (1) in subsection (b)(4) by amending subparagraph (B) to
        read as follows:
                    ``(B) Section 8433(b) of this title applies to any
                bankruptcy judge or magistrate who elects to make
                contributions to the Thrift Savings Fund under
                subsection (a) of this section and who retires before
                attaining age 65 but is entitled, upon attaining age
                65, to an annuity under section 377 of title 28 or
                section 2(c) of the Retirement and Survivors Annuities
                for Bankruptcy Judges and Magistrates Act of 1988.'';
            (2) in subsection (b)(4)(C) by striking out ``Section
        8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';
            (3) in subsection (b)(5) by striking out ``retirement under
        section 377 of title 28 is'' and inserting in lieu thereof
        ``any of the actions described under paragraph (4) (A), (B), or
        (C) shall be considered'';
            (4) in subsection (b) by striking out paragraph (8) and
        redesignating paragraph (9) as paragraph (8); and
            (5) in paragraph (8) of subsection (b) (as redesignated
        under paragraph (4) of this subsection)--
                    (A) by striking out ``Notwithstanding subparagraphs
                (A) and (B) of paragraph (4), if any bankruptcy judge
                or magistrate retires under circumstances making such
                bankruptcy judge or magistrate eligible to make an
                election under subsection (b) or (c)'' and inserting in
                lieu thereof ``Notwithstanding paragraph (4), if any
                bankruptcy judge or magistrate retires under
                circumstances making such bankruptcy judge or
                magistrate eligible to make an election under
                subsection (b)''; and
                    (B) by striking out ``and (c), as applicable''.
    (g) Claims Court Judges.--Section 8440c of title 5, United States
Code, is amended--
            (1) in subsection (b)(4)(B) by striking out ``Section
        8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';
            (2) in subsection (b)(5) by striking out ``retirement under
        section 178 of title 28, is'' and inserting in lieu thereof
        ``any of the actions described in paragraph (4) (A) or (B)
        shall be considered'';
            (3) in subsection (b) by striking out paragraph (8) and
        redesignating paragraph (9) as paragraph (8); and
            (4) in paragraph (8) (as redesignated under paragraph (3)
        of this subsection) by striking out ``Notwithstanding paragraph
        (4)(A)'' and inserting in lieu thereof ``Notwithstanding
        paragraph (4)''.
    (h) Judges of the United States Court of Veterans Appeals.--Section
8440d(b)(5) of title 5, United States Code, is amended by striking out
``A transfer shall be made as provided under section 8433(d) of this
title'' and inserting in lieu thereof ``Section 8433(b) of this title
applies''.
    (i) Technical and Conforming Amendments.--Chapters 83 and 84 of
title 5, United States Code, are amended--
            (1) in section 8351(b)(5)(B) (as redesignated under
        subsection (a)(3) of this section) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
            (2) in section 8351(b)(5)(D) (as redesignated under
        subsection (a)(3) of this section) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
            (3) in section 8433(b)(4) by striking out ``subsection
        (e)'' and inserting in lieu thereof ``subsection (c)'';
            (4) in section 8433(d)(1) (as redesignated under subsection
        (b)(2) of this section) by striking out ``(d) of section 8435''
        and inserting in lieu thereof ``(c) of section 8435'';
            (5) in section 8433(d)(2) (as redesignated under subsection
        (b)(2) of this section) by striking out ``section 8435(d)'' and
        inserting in lieu thereof ``section 8435(c)'';
            (6) in section 8433(e) (as redesignated under subsection
        (b)(2) of this section) by striking out ``section 8435(d)(2)''
        and inserting in lieu thereof ``section 8435(c)(2)'';
            (7) in section 8433(g)(5) (as redesignated under subsection
        (b)(2) of this section) by striking out ``section 8435(f)'' and
        inserting in lieu thereof ``section 8435(e)'';
            (8) in section 8434(b) by striking out ``section 8435(c)''
        and inserting in lieu thereof ``section 8435(b)'';
            (9) in section 8435(a)(1)(B) by striking out ``subsection
        (c)'' and inserting in lieu thereof ``subsection (b)'';
            (10) in section 8435(d)(1)(B) (as redesignated under
        subsection (d)(3) of this section) by striking out ``subsection
        (d)(2)'' and inserting in lieu thereof ``subsection (c)(2)'';
            (11) in section 8435(d)(3)(A) (as redesignated under
        subsection (d)(3) of this section) by striking out ``subsection
        (c)(1)'' and inserting in lieu thereof ``subsection (b)(1)'';
            (12) in section 8435(d)(6) (as redesignated under
        subsection (d)(3) of this section) by striking out ``or
        (c)(2)'' and inserting in lieu thereof ``or (b)(2)'';
            (13) in section 8435(e)(1)(A) (as redesignated under
        subsection (d)(3) of this section) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
            (14) in section 8435(e)(2) (as redesignated under
        subsection (d)(3) of this section) by striking out ``section
        8433(i) of this title shall not be approved if approval would
        have the result described in subsection (d)(1)'' and inserting
        in lieu thereof ``section 8433(g) of this title shall not be
        approved if approval would have the result described under
        subsection (c)(1)'';
            (15) in section 8435(g) (as redesignated under subsection
        (d)(3) of this section) by striking out ``section 8433(i)'' and
        inserting in lieu thereof ``section 8433(g)'';
            (16) in section 8437(c)(5) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
        and
            (17) in section 8440a(b)(6) by striking out ``section
        8351(b)(7)'' and inserting in lieu thereof ``section
        8351(b)(5)''.
    (j) Interim Provision.--Section 8433(d) of title 5, United States
Code, is amended by striking out ``shall transfer the amount of the
balance'' and inserting in lieu thereof ``may transfer the amount of
the balance''.
    (k) Effective Dates.--(1) Except as provided in paragraph (2), the
provisions of this section shall take effect 1 year after the date of
enactment of this Act or upon such other date as the Executive Director
of the Federal Retirement Thrift Investment Board shall provide in
regulation.
    (2) The provisions of subsection (j) of this section shall take
effect upon the date of the enactment of this Act.

            Passed the Senate November 24 (legislative day, November
      23), 1993.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

Output: Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Number Online
Protection Act of 2006''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The inappropriate display of social security account
        numbers has contributed to a growing range of illegal
        activities, including fraud, identity theft, stalking, and
        other crimes that have a substantial effect on interstate
        commerce and public safety.
            (2) The Federal Government requires virtually every
        individual in the United States to obtain and maintain a social
        security account number in order to pay taxes, to qualify for
        old-age, survivors, and disability insurance benefits under
        title II of the Social Security Act, or to seek employment. An
        unintended consequence of these requirements is that social
        security account numbers have become one of the tools that can
        be used to facilitate crime, fraud, and invasions of the
        privacy of the individuals to whom the numbers are assigned.
        Because the Federal Government created and maintains this
        system, and because the Federal Government does not permit
        individuals to exempt themselves from those requirements, it is
        appropriate for the Federal Government to take steps to stem
        the abuse of social security account numbers.
            (3) In most jurisdictions throughout the United States,
        State and local law requires that certain public documents,
        such as business filings, property records, and birth and
        marriage certificates, be made available to the general public.
        These documents may contain an individual's social security
        account number. An increasing number of official records
        repositories, such as repositories maintained by a Secretary of
        State's office or a local clerk's office, are storing such
        records on the Internet. While online availability of public
        records improves access, it also increases the risk that social
        security account numbers will be widely displayed and misused.

SEC. 3. PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE
              INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT
              NUMBERS BY STATE AND LOCAL GOVERNMENTS.

    (a) In General.--Title 18, United States Code, is amended by
inserting after chapter 123 the following new chapter:

``CHAPTER 124--PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE
  INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT NUMBERS BY
                      STATE AND LOCAL GOVERNMENTS

``Sec. 2731. Prohibition on the display to the general public on the
              Internet of the last 4 digits of social security account
              numbers by State and local governments
    ``(a) In General.--A State, a political subdivision of a State, or
any officer, employee, or contractor of a State or a political
subdivision of a State, shall not display to the general public on the
Internet the last 4 digits of any social security account number.
    ``(b) Rule of Construction.--Nothing in this section shall be
construed to supersede, alter, or affect any restriction or limitation
on the display to the general public on the Internet of all, or any
part of, social security account numbers provided for in any Federal or
State statute, regulation, order, or interpretation, if the restriction
or limitation is greater than that provided under this section.
``Sec. 2732. Penalties
    ``A State or a political subdivision of a State that has a policy
or practice of substantial noncompliance with this chapter shall be
subject to a civil penalty imposed by the Attorney General of not more
than $5,000 a day for each day of substantial noncompliance.
``Sec. 2733. Enforcement
    ``The Attorney General may bring a civil action against a State, a
political subdivision of a State, or any officer, employee, or
contractor of a State or a political subdivision of a State, in any
appropriate United States District Court for appropriate relief with
respect to a display to the general public on the Internet of the last
4 digits of any social security account number in violation of section
2731.
``Sec. 2734. Definitions
    ``In this chapter:
            ``(1) Display to the general public on the internet.--
                    ``(A) In general.--The term `display to the general
                public on the Internet' means, in connection with all,
                or any part of, a social security account number, to
                place such number or any part of such number in a
                viewable manner on an Internet site that is available
                to the general public, including any Internet site that
                requires a fee for access to information accessible on
                or through the site.
                    ``(B) Inclusion of certain unprotected
                transmissions.--In any case in which a State, a
                political subdivision of a State, or any officer,
                employee, or contractor of a State or a political
                subdivision of a State, requires as a condition of
                doing business transmittal of all, or any part of, an
                individual's social security account number by means of
                the Internet without reasonable provisions to ensure
                that such number is encrypted or otherwise secured from
                disclosure, any such transmittal of such number shall
                be treated as a `display to the general public on the
                Internet' for purposes of this chapter.
            ``(2) Person.--The term `person' means an individual,
        organization, or entity, but does not include a State or any
        executive, legislative, or judicial agency of a State.
            ``(3) Social security account number.--The term `social
        security account number' means the account number assigned to
        an individual by the Commissioner of Social Security in the
        exercise of the Commissioner's authority under section
        205(c)(2) of the Social Security Act and includes any
        derivative of such number.''.
    (b) Clerical Amendment.--The table of parts at the beginning of
part I of title 18, United States Code, is amended by adding at the end
the following new item:

``124. Prohibition on the display to the general public on      2731''.
                            the Internet of social security
                            account numbers by state and
                            local governments.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to violations occurring on or after the date of enactment of this
Act.

SEC. 4. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE
              WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC
              ON THE INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY
              ACCOUNT NUMBERS.

    (a) In General.--The Attorney General shall award grants to States
and political subdivisions of States to carry out activities to remove
or redact the last 4 digits of social security account numbers from
forms and records of executive, legislative, and judicial agencies of
States and political subdivisions of States that, as of the date of
enactment of this Act, have been displayed to the general public on the
Internet and would be a violation of chapter 124 of title 18, United
States Code, (as added by section 3) if that chapter had been in effect
at the time such numbers were first displayed.
    (b) Application.--A State or political subdivision of a State
desiring a grant under this section shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General shall require.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General to carry out this section,
$10,000,000 for each of fiscal years 2007 and 2008.
    (d) Definition of State.--In this section, the term ``State'' means
each of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, and the
Commonwealth of the Northern Marianas.

Output:
Social Security Number Online Protection Act of 2006 - Amends the federal criminal code to prohibit a state or local government from displaying to the general public on the Internet the last four digits of any social security number. Imposes a fine of up to $5,000 a day on any state or local government that has a policy or practice of substantial noncompliance with the requirements of this Act. Authorizes the Attorney General to bring a civil action against a state, local government, or officer, employee, or contractor of such state or local government to enforce compliance with this Act.

Directs the Attorney General to award grants to states and local governments for removing or redacting the last four digits of social security numbers from forms and records of their executive, legislative, and judicial agencies which are currently displayed on the Internet.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Homelessness Task Force Act
of 2007''.

SEC. 2. ESTABLISHMENT.

    There is established a task force in the legislative branch to be
known as the ``National Homelessness Task Force'' (in this Act referred
to as the ``Task Force'').

SEC. 3. DUTIES.

    The Task Force, in consultation with relevant heads of Federal
agencies administering Federal programs for homeless individuals that
were in existence on the date of enactment of this Act, including the
Interagency Council on Homelessness, shall conduct the following
activities:
            (1) Review and analyze reports published by Federal, State,
        and local agencies and academic institutions that relate to
        homelessness.
            (2) Evaluate--
                    (A) the effectiveness of Federal programs in
                existence on the date of enactment of this Act that
                address homelessness;
                    (B) the cost-effectiveness of such programs; and
                    (C) the Federal role in interacting and
                coordinating with State and local entities that address
                homelessness.
            (3) Analyze options and make recommendations--
                    (A) to improve Federal programs in existence on the
                date of enactment of this Act that address
                homelessness;
                    (B) for State and local shelter and transitional
                housing programs to reduce the period that people
                remain homeless;
                    (C) for the establishment of an outreach program
                that raises awareness among homeless individuals about
                resources available to such individuals and assists
                such individuals in accessing such resources, which may
                include local service and treatment centers, case
                management agencies, and safe haven services that
                assist homeless individuals with serious mental
                illnesses; and
                    (D) to expand the supply of permanent affordable
                housing for chronically homeless individuals, as well
                as individuals and families with incomes below the
                Federal poverty line.
            (4) Conduct research and develop methods--
                    (A) through consultation with State and local
                agencies, to improve coordination between the
                Interagency Council on Homelessness and Federal
                agencies in existence at the date of enactment of this
                Act which specifically deal with homelessness,
                including the Department of Housing and Urban
                Development, the Department of Health and Human
                Services, and the Department of Veterans Affairs;
                    (B) to minimize the period in which individuals
                remain homeless; and
                    (C) to establish a system that ensures homeless
                individuals have access to employment and job-training
                programs, as well as employment.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Task Force shall be composed of up
to 10 members (in this Act referred to as the ``TF members''). The
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate may each
appoint, in consultation with the Secretary of Housing and Urban
Development, up to 5 TF members. Appointments shall be made within 90
days of the enactment of this Act.
    (b) Qualifications.--In making appointments under subsection (a),
the appointing authorities described in such subsection may select TF
members from representatives of Federal and State agencies,
commissions, boards, regional agencies, tribes, colleges and
universities, and nongovernmental organizations. Such appointing
authorities shall, to the greatest extent possible, appoint individuals
who are particularly qualified to perform the functions of the Task
Force, by reason of either practical experience or academic expertise
in housing or economic development.
    (c) Compensation.--
            (1) In general.--TF members shall serve without
        compensation.
            (2) Travel expenses.--Each TF member shall receive travel
        expenses, including per diem in lieu of subsistence, in
        accordance with applicable provisions under subchapter 1 of
        chapter 57 of title 5, United States Code.
    (d) Chairpersons.--The Task Force shall have 2 Chairpersons. From
among the TF members, the majority leader of the Senate and the Speaker
of the House of Representatives shall choose 1 Chairperson, and the
minority leaders from the Senate and the House of Representatives shall
choose the other Chairperson.

SEC. 5. STAFF OF THE TASK FORCE AND EXPERTS AND CONSULTANTS.

    (a) Staff.--Subject to the rules prescribed by the Task Force, the
Chairpersons of the Task Force may appoint from 3 to 6 individuals as
personnel and fix the pay of such personnel as the Chairpersons
consider appropriate.
    (b) Experts and Consultants.--With the approval of the Task Force,
the Chairpersons may procure temporary and intermittent services in the
manner prescribed in section 3109(b) of title 5, United States Code,
but at rates for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for grade GS-15 of the General
Schedule under section 5332 of such title.
    (c) Staff of Federal Agencies.--Upon the request of the Task Force,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Task Force to assist it in performing its duties under this Act.

SEC. 6. POWERS.

    (a) Members and Agents.--Any member or agent of the Task Force may,
if authorized by the Task Force, take any action that the Task Force is
authorized to take under this Act.
    (b) Obtaining Official Data.--The Task Force may secure directly
from any Federal department or agency information necessary to enable
it to carry out this Act. Upon the request of the Task Force, the head
of that department or agency shall furnish the information to the Task
Force.
    (c) Mails.--The Task Force may use the United States mails in the
same manner and under the same conditions as Federal departments and
agencies.

SEC. 7. REPORTS.

    (a) Initial Report.--Not later than 3 months after the date of
completion of the appointment of the TF members under section 4(a), the
Task Force shall submit to Congress a report describing how the Task
Force will undertake the duties described in section 3.
    (b) Final Report.--Not later than 12 months after the date of
completion of the appointment of the TF members under section 4(a), the
Task Force shall submit to Congress a report that--
            (1) describes the activities of the Task Force conducted
        under section 3; and
            (2) makes recommendations on--
                    (A) long-term goals for Congress to reduce
                homelessness; and
                    (B) strategies for Congress to achieve such goals.

SEC. 8. TERMINATION.

    The Task Force shall terminate 10 days after the date on which the
Task Force submits the final report under section 7(b).

SEC. 9. DEFINITIONS.

    For purposes of this Act:
     (a) Affordable Housing.--The term ``affordable housing'' includes
properties for which assistance is provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), and single-room
occupancy units.
    (b) Chronically Homeless Individual.--The term ``chronically
homeless individual'' means an unaccompanied, disabled individual with
a disabling condition who has been continually homeless for at least
the duration of 1 year or who has been homeless for 4 or more episodes
in the previous 3 years.
    (c) Disabling Condition.--A ``disabling condition'' means a
diagnosable substance use disorder, serious mental illness,
developmental disability, or chronic physical illness or disability,
including the co-occurrence of 2 or more of such conditions.
    (d) Homeless; Homeless Individual.--The terms ``homeless'' and
``homeless individual'' have the meaning given such terms in section
103 of the McKinney-Vento Act (42 U.S.C. 11302).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $2,000,000 to carry out
this Act.

Output: National Homelessness Task Force Act of 2007 - Establishes in the legislative branch a National Homelessness Task Force to: (1) analyze reports by federal, state, and local agencies and academic institutions relating to homelessness; (2) evaluate the effectiveness of federal programs addressing homelessness, particularly their interaction with state and local entities which also address homelessness; (3) analyze options and make recommendations to alleviate the causes and effects of such homelessness; and (4) conduct related research and develop methods to improve, federal, state, and local agency coordination.


Input:
SECTION 1. TERMINATION OF EXCEPTION FOR CERTAIN REAL ESTATE INVESTMENT
              TRUSTS FROM THE TREATMENT OF STAPLED ENTITIES.

    (a) In General.--Notwithstanding paragraph (3) of section 136(c) of
the Tax Reform Act of 1984 (relating to stapled stock; stapled
entities), the REIT gross income provisions shall be applied by
treating the activities and gross income of members of the stapled REIT
group properly allocable to any nonqualified real property interest
held by the exempt REIT or any stapled entity which is a member of such
group (or treated under subsection (c) as held by such REIT or stapled
entity) as the activities and gross income of the exempt REIT in the
same manner as if the exempt REIT and such group were 1 entity.
    (b) Nonqualified Real Property Interest.--For purposes of this
section--
            (1) In general.--The term ``nonqualified real property
        interest'' means, with respect to any exempt REIT, any interest
        in real property acquired after March 26, 1998, by the exempt
        REIT or any stapled entity.
            (2) Exception for binding contracts, etc.--Such term shall
        not include any interest in real property acquired after March
        26, 1998, by the exempt REIT or any stapled entity if--
                    (A) the acquisition is pursuant to a written
                agreement which was binding on such date and at all
                times thereafter on such REIT or stapled entity, or
                    (B) the acquisition is described on or before such
                date in a public announcement or in a filing with the
                Securities and Exchange Commission.
            (3) Improvements and leases.--
                    (A) In general.--Except as otherwise provided in
                this paragraph, the term ``nonqualified real property
                interest'' shall not include--
                            (i) any improvement to land owned or leased
                        by the exempt REIT or any member of the stapled
                        REIT group, and
                            (ii) any repair to, or improvement of, any
                        improvement owned or leased by the exempt REIT
                        or any member of the stapled REIT group,
                if such ownership or leasehold interest is a qualified
                real property interest.
                    (B) Leases.--Such term shall not include any lease
                of a qualified real property interest.
                    (C) Termination where change in use.--
                            (i) In general.--Subparagraph (A) shall not
                        apply to any improvement placed in service
                        after December 31, 1999, which is part of a
                        change in the use of the property to which such
                        improvement relates unless the cost of such
                        improvement does not exceed 200 percent of--
                                    (I) the cost of such property, or
                                    (II) if such property is
                                substituted basis property (as defined
                                in section 7701(a)(42) of the Internal
                                Revenue Code of 1986), the fair market
                                value of the property at the time of
                                acquisition.
                            (ii) Binding contracts.--For purposes of
                        clause (i), an improvement shall be treated as
                        placed in service before January 1, 2000, if
                        such improvement is placed in service before
                        January 1, 2004, pursuant to a binding contract
                        in effect on December 31, 1999, and at all
                        times thereafter.
            (4) Treatment of entities which are not stapled, etc. on
        march 26, 1998.--Notwithstanding any other provision of this
        section, all interests in real property held by an exempt REIT
        or any stapled entity with respect to such REIT (or treated
        under subsection (c) as held by such REIT or stapled entity)
        shall be treated as nonqualified real property interests
        unless--
                    (A) such stapled entity was a stapled entity with
                respect to such REIT as of March 26, 1998, and at all
                times thereafter, and
                    (B) as of March 26, 1998, and at all times
                thereafter, such REIT was a real estate investment
                trust.
            (5) Qualified real property interest.--The term ``qualified
        real property interest'' means any interest in real property
        other than a nonqualified real property interest.
    (c) Treatment of Property Held by 10-Percent Subsidiaries.--For
purposes of this section--
            (1) In general.--Any exempt REIT and any stapled entity
        shall be treated as holding their proportionate shares of each
        interest in real property held by any 10-percent subsidiary
        entity of the exempt REIT or stapled entity, as the case may
        be.
            (2) Property held by 10-percent subsidiaries treated as
        nonqualified.--
                    (A) In general.--Except as provided in subparagraph
                (B), any interest in real property held by a 10-percent
                subsidiary entity of an exempt REIT or stapled entity
                shall be treated as a nonqualified real property
                interest.
                    (B) Exception for interests in real property held
                on march 26, 1998, etc.--In the case of an entity which
                was a 10-percent subsidiary entity of an exempt REIT or
                stapled entity on March 26, 1998, and at all times
                thereafter, an interest in real property held by such
                subsidiary entity shall be treated as a qualified real
                property interest if such interest would be so treated
                if held directly by the exempt REIT or the stapled
                entity.
            (3) Reduction in qualified real property interests if
        increase in ownership of subsidiary.--If, after March 26, 1998,
        an exempt REIT or stapled entity increases its ownership
        interest in a subsidiary entity to which paragraph (2)(B)
        applies above its ownership interest in such subsidiary entity
        as of such date, the additional portion of each interest in
        real property which is treated as held by the exempt REIT or
        stapled entity by reason of such increased ownership shall be
        treated as a nonqualified real property interest.
            (4) Special rules for determining ownership.--For purposes
        of this subsection--
                    (A) percentage ownership of an entity shall be
                determined in accordance with subsection (e)(4),
                    (B) interests in the entity which are acquired by
                the exempt REIT or stapled entity in any acquisition
                described in an agreement, announcement, or filing
                described in subsection (b)(2) shall be treated as
                acquired on March 26, 1998, and
                    (C) except as provided in guidance prescribed by
                the Secretary, any change in proportionate ownership
                which is attributable solely to fluctuations in the
                relative fair market values of different classes of
                stock shall not be taken into account.
    (d) Treatment of Property Secured by Mortgage Held by Exempt REIT
or Member of Stapled REIT Group.--
            (1) In general.--In the case of any nonqualified obligation
        held by an exempt REIT or any member of the stapled REIT group,
        the REIT gross income provisions shall be applied by treating
        the exempt REIT as having impermissible tenant service income
        equal to--
                    (A) the interest income from such obligation which
                is properly allocable to the property described in
                paragraph (2), and
                    (B) the income of any member of the stapled REIT
                group from services described in paragraph (2) with
                respect to such property.
        If the income referred to in subparagraph (A) or (B) is of a
        10-percent subsidiary entity, only the portion of such income
        which is properly allocable to the exempt REIT's or the stapled
        entity's interest in the subsidiary entity shall be taken into
        account.
            (2) Nonqualified obligation.--Except as otherwise provided
        in this subsection, the term ``nonqualified obligation'' means
        any obligation secured by a mortgage on an interest in real
        property if the income of any member of the stapled REIT group
        for services furnished with respect to such property would be
        impermissible tenant service income were such property held by
        the exempt REIT and such services furnished by the exempt REIT.
            (3) Exception for certain market rate obligations.--Such
        term shall not include any obligation--
                    (A) payments under which would be treated as
                interest if received by a REIT, and
                    (B) the rate of interest on which does not exceed
                an arm's length rate.
            (4) Exception for existing obligations.--Such term shall
        not include any obligation--
                    (A) which is secured on March 26, 1998, by an
                interest in real property, and
                    (B) which is held on such date by the exempt REIT
                or any entity which is a member of the stapled REIT
                group on such date and at all times thereafter,
        but only so long as such obligation is secured by such
        interest. The preceding sentence shall not cease to apply by
        reason of the refinancing of the obligation if (immediately
        after the refinancing) the principal amount of the obligation
        resulting from the refinancing does not exceed the principal
        amount of the refinanced obligation (immediately before the
        refinancing).
            (5) Treatment of entities which are not stapled, etc. on
        march 26, 1998.--A rule similar to the rule of subsection
        (b)(4) shall apply for purposes of this subsection.
            (6) Increase in amount of nonqualified obligations if
        increase in ownership of subsidiary.--A rule similar to the
        rule of subsection (c)(3) shall apply for purposes of this
        subsection.
            (7) Coordination with subsection (a).--This subsection
        shall not apply to the portion of any interest in real property
        that the exempt REIT or stapled entity holds or is treated as
        holding under this section without regard to this subsection.
    (e) Definitions.--For purposes of this section--
            (1) REIT gross income provisions.--The term ``REIT gross
        income provisions'' means--
                    (A) paragraphs (2), (3), and (6) of section 856(c)
                of the Internal Revenue Code of 1986, and
                    (B) section 857(b)(5) of such Code.
            (2) Exempt reit.--The term ``exempt REIT'' means a real
        estate investment trust to which section 269B of the Internal
        Revenue Code of 1986 does not apply by reason of paragraph (3)
        of section 136(c) of the Tax Reform Act of 1984.
            (3) Stapled reit group.--The term ``stapled REIT group''
        means, with respect to an exempt REIT, the group consisting
        of--
                    (A) all entities which are stapled entities with
                respect to the exempt REIT, and
                    (B) all entities which are 10-percent subsidiary
                entities of the exempt REIT or any such stapled entity.
            (4) 10-percent subsidiary entity.--
                    (A) In general.--The term ``10-percent subsidiary
                entity'' means, with respect to any exempt REIT or
                stapled entity, any entity in which the exempt REIT or
                stapled entity (as the case may be) directly or
                indirectly holds at least a 10-percent interest.
                    (B) Exception for certain c corporation
                subsidiaries of reits.--A corporation which would, but
                for this subparagraph, be treated as a 10-percent
                subsidiary of an exempt REIT shall not be so treated if
                such corporation is taxable under section 11 of the
                Internal Revenue Code of 1986.
                    (C) 10-percent interest.--The term ``10-percent
                interest'' means--
                            (i) in the case of an interest in a
                        corporation, ownership of 10 percent (by vote
                        or value) of the stock in such corporation,
                            (ii) in the case of an interest in a
                        partnership, ownership of 10 percent of the
                        assets or net profits interest in the
                        partnership, and
                            (iii) in any other case, ownership of 10
                        percent of the beneficial interests in the
                        entity.
            (5) Other definitions.--Terms used in this section which
        are used in section 269B or section 856 of such Code shall have
        the respective meanings given such terms by such section.
    (f) Guidance.--The Secretary may prescribe such guidance as may be
necessary or appropriate to carry out the purposes of this section,
including guidance to prevent the avoidance of such purposes and to
prevent the double counting of income.
    (g) Effective Date.--This section shall apply to taxable years
ending after March 26, 1998.

Output: Amends the Tax Reform Act of 1984 to provide for the termination of the exception for certain real estate investment trusts from the treatment of stapled entities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Books for Children Act''
or the ``ABC Act''.

SEC. 2. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
              1965.

    Part E of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8131 et seq.) is amended to read as follows:

              ``PART E--ACCESS TO BOOKS FOR CHILDREN (ABC)

``SEC. 10500. PURPOSE.

    ``It is the purpose of this part to provide children with better
access to books and other reading materials and resources from birth to
adulthood, including opportunities to own books.

           ``Subpart 1--Inexpensive Book Distribution Program

``SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
              MOTIVATION.

    ``(a) Authorization.--The Secretary is authorized to enter into a
contract with Reading is Fundamental (RIF) (hereafter in this section
referred to as `the contractor') to support and promote programs, which
include the distribution of inexpensive books to students, that
motivate children to read.
    ``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
            ``(1) provide that the contractor will enter into
        subcontracts with local private nonprofit groups or
        organizations, or with public agencies, under which each
        subcontractor will agree to establish, operate, and provide the
        non-Federal share of the cost of reading motivation programs
        that include the distribution of books, by gift, to the extent
        feasible, or loan, to children from birth through secondary
        school age, including those in family literacy programs;
            ``(2) provide that funds made available to subcontractors
        will be used only to pay the Federal share of the cost of such
        programs;
            ``(3) provide that in selecting subcontractors for initial
        funding, the contractor will give priority to programs that
        will serve a substantial number or percentage of children with
        special needs, such as--
                    ``(A) low-income children, particularly in high-
                poverty areas;
                    ``(B) children at risk of school failure;
                    ``(C) children with disabilities;
                    ``(D) foster children;
                    ``(E) homeless children;
                    ``(F) migrant children;
                    ``(G) children without access to libraries;
                    ``(H) institutionalized or incarcerated children;
                and
                    ``(I) children whose parents are institutionalized
                or incarcerated;
            ``(4) provide that the contractor will provide such
        technical assistance to subcontractors as may be necessary to
        carry out the purpose of this section;
            ``(5) provide that the contractor will annually report to
        the Secretary the number of, and describe, programs funded
        under paragraph (3); and
            ``(6) include such other terms and conditions as the
        Secretary determines to be appropriate to ensure the
        effectiveness of such programs.
    ``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
    ``(d) Definition of `Federal Share'.--For the purpose of this
section, the term `Federal share' means, with respect to the cost to a
subcontractor of purchasing books to be paid under this section, 75
percent of such costs to the subcontractor, except that the Federal
share for programs serving children of migrant or seasonal farmworkers
shall be 100 percent of such costs to the subcontractor.
    ``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 2001 and such sums as may be necessary for each of the
four succeeding fiscal years.

               ``Subpart 2--Local Partnerships for Books

``SEC. 10511. LOCAL PARTNERSHIPS FOR BOOKS.

    ``(a) Authorization.--The Secretary is authorized to enter into a
contract with a national organization (referred to in this section as
the `contractor') to support and promote programs that--
            ``(1) pay the Federal share of the cost of distributing at
        no cost new books to disadvantaged children and families
        primarily through tutoring, mentoring, and family literacy
        programs; and
            ``(2) promote the growth and strengthening of local
        partnerships with the goal of leveraging the Federal book
        distribution efforts and building upon the work of community
        programs to enhance reading motivation for at-risk children.
    ``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
            ``(1) provide that the contractor will provide technical
        support and initial resources to local partnerships to support
        efforts to provide new books to those tutoring, mentoring, and
        family literacy programs reaching disadvantaged children;
            ``(2) provide that funds made available to subcontractors
        will be used only to pay the Federal share of the cost of such
        programs;
            ``(3) provide that the contractor, working in cooperation
        with the local partnerships, will give priority to those
        tutoring, mentoring, and family literacy programs that serve
        children and families with special needs, predominantly those
        children from economically disadvantaged families and those
        children and families without access to libraries;
            ``(4) provide that the contractor will annually report to
        the Secretary regarding the number of books distributed, the
        number of local partnerships created and supported, the number
        of community tutoring, mentoring, and family literacy programs
        receiving books for children, and the number of children
        provided with books; and
            ``(5) include such other terms and conditions as the
        Secretary determines to be appropriate to ensure the
        effectiveness of the program.
    ``(c) Restriction on Payments.--The Secretary shall require the
contractor to ensure that the discounts provided by publishers and
distributors for the new books purchased under this section is at least
as favorable as discounts that are customarily given by such publishers
or distributors for book purchases made under similar circumstances in
the absence of Federal assistance.
    ``(d) Definition of Federal Share.--For the purpose of this
section, the term `Federal share' means, with respect to the cost of
purchasing books under this section, 50 percent of the cost to the
contractor, except that the Federal share for programs serving children
of migrant or seasonal farmworkers shall be 100 percent of such costs
to the contractor.
    ``(e) Matching Requirement.--The contractor shall provide for
programs under this section, either directly or through private
contributions, in cash or in-kind, non-Federal matching funds equal to
not less than 50 percent of the amount provided to the contractor under
this section.
    ``(f) Authorization of Appropriation.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for the fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.

        ``Subpart 3--Partnerships for Infants and Young Children

``SEC. 10521. PARTNERSHIPS FOR INFANTS AND YOUNG CHILDREN.

    ``(a) Programs Authorized.--The Secretary is authorized to enter
into a contract with a national organization (referred to in this
section as the `contractor') to support and promote programs that--
            ``(1) include the distribution of free books to children 5
        years of age and younger, including providing guidance from
        pediatric clinicians to parents and guardians with respect to
        reading aloud with their young children; and
            ``(2) help build the reading readiness skills the children
        need to learn to read once the children enter school.
    ``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
            ``(1) provide that the contractor will enter into
        subcontracts with local private nonprofit groups or
        organizations or with public agencies under which each
        subcontractor will agree to establish, operate, and provide the
        non-Federal share of the cost of reading motivation programs
        that include the distribution of books by gift, to the extent
        feasible, or loan to children from birth through 5 years of
        age, including those children in family literacy programs;
            ``(2) provide that funds made available to subcontractors
        will be used only to pay the Federal share of the cost of such
        programs;
            ``(3) provide that in selecting subcontractors for initial
        funding under this section, the contractor will give priority
        to programs that will serve a substantial number or percentage
        of children with special needs, such as--
                    ``(A) low-income children, particularly low-income
                children in high-poverty areas;
                    ``(B) children with disabilities;
                    ``(C) foster children;
                    ``(D) homeless children;
                    ``(E) migrant children;
                    ``(F) children without access to libraries;
                    ``(G) children without adequate medical insurance;
                and
                    ``(H) children enrolled in a State medicaid program
                under title XIX of the Social Security Act;
            ``(4) provide that the contractor will provide such
        technical assistance to subcontractors as may be necessary to
        carry out this section;
            ``(5) provide that the contractor will annually report to
        the Secretary on the effectiveness of the national program and
        the effectiveness of the local programs funded under this
        section, including a description of the national program and of
        each of the local programs; and
            ``(6) include such other terms and conditions as the
        Secretary determines to be appropriate to ensure the
        effectiveness of such programs.
    ``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
    ``(d) Definition of Federal Share.--In this section with respect to
the cost to a subcontractor of purchasing books to be paid under this
section, the term `Federal share' means 50 percent of such costs to the
subcontractor, except that the Federal share for programs serving
children of migrant or seasonal farmworkers shall be 100 percent of
such costs to the subcontractor.
    ``(e) Matching Requirement.--The contractor shall provide for
programs under this section, either directly or through private
contributions, in cash or in-kind, non-Federal matching funds equal to
not less than 50 percent of the amount provided to the contractor under
this section.
    ``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for fiscal year 2001 and such sums as may be necessary for each of the
4 succeeding fiscal years.

                        ``Subpart 4--Evaluation

``SEC. 10531. EVALUATION.

    ``(a) In General.--The Secretary shall annually conduct an
evaluation of--
            ``(1) programs carried out under this part to assess the
        effectiveness of such programs in meeting the purpose of this
        part and the goals of each subpart; and
            ``(2) the effectiveness of local literacy programs
        conducted under this part that link children with book
        ownership and mentoring in literacy.
    ``(b) Authorization of Appropriations.--For purposes of carrying
out this section, there is authorized to be appropriated $500,000 for
fiscal year 2001, and such sums as may be necessary in each of the 4
succeeding fiscal years.''.

Output:
Extends the authorization of appropriations for the Inexpensive Book Distribution Program, under which the Secretary of Education contracts with Reading Is Fundamental (RIF).
Establishes and authorizes appropriations for the following new programs. Authorizes the Secretary to: (1) contract with a national organization to support programs that pay the Federal share of the cost of distributing books to disadvantaged children and families through tutoring, mentoring, and family education, and to promote local partnerships to leverage Federal book distribution efforts and build on community programs to enhance reading motivation for at- risk children (Local Partnerships for Books program); (2) contract with a national organization to support programs that distribute books to children five years of age and younger, provide guidance from pediatric clinicians to parents and guardians in reading aloud to children, and help build reading readiness skills (Partnerships for Infants and Young Children program); and (3) annually evaluate part E programs and local literacy programs conducted under part E that link children with book ownership and mentoring in literacy.