SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Site Public Health
Improvement Act''.

SEC. 2. PUBLIC HEALTH AT NPL FACILITIES.

    Section 104(i)(6) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(6)) is
amended as follows:
            (1) By amending subparagraph (A) to read as follows:
    ``(A) The Administrator of ATSDR shall perform a health assessment
for each facility, including those facilities owned by any department,
agency, or instrumentality of the United States, on the National
Priorities List established under section 105. The health assessment
shall be commenced as soon as practicable after each facility is
proposed for inclusion on the National Priorities List and shall be
completed not later than the date of issuance of a remedial
investigation and feasibility study for the facility to allow full
consideration in selecting the remedial action of the public health
implications of any release.''.
            (2) By amending subparagraph (D) to read as follows:
    ``(D)(i) The Administrator and the Administrator of ATSDR shall
develop strategies to obtain relevant on-site and off-site
characterization data for use in a health assessment. The Administrator
shall, to the maximum extent practicable, provide the Administrator of
ATSDR with the data and information necessary to make health
assessments sufficiently prior to the initiation of remedial actions to
allow ATSDR to complete these assessments. Where deemed appropriate,
the Administrator of ATSDR shall provide to the Administrator as soon
as practicable after site discovery, recommendations for sampling
environmental media for hazardous substances of public health concern.
To the extent feasible, the Administrator shall incorporate such
recommendations into its site investigation activities.
    ``(ii) In order to improve community involvement in health
assessments, the Administrator of ATSDR shall carry out each of the
following duties:
            ``(I) The Administrator of ATSDR shall actively collect
        data from residents of affected communities and from other
        sources in communities affected or potentially affected by
        releases of hazardous substances, pollutants, or contaminants
        regarding exposure, relevant human activities, and other
        factors.
            ``(II) The Administrator of ATSDR shall design health
        assessments that take into account the needs and conditions of
        the affected community. Community-based research models,
        building links to local expertise, and local health resources
        should be used. Each affected community shall be permitted to
        play an active and early role in reviewing health assessment
        designs. In preparing such designs, emphasis shall be placed on
        collection of actual exposure data and sources of multiple
        exposure shall be considered.''.

SEC. 3. HEALTH STUDIES.

    Subparagraph (A) of section 104(i)(7) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(i)(7)) is amended to read as follows: ``(A) Whenever in the
judgment of the Administrator of ATSDR it is appropriate on the basis
of the results of a health assessment or on the basis of other
appropriate information, the Administrator of ATSDR shall conduct a
human health study of exposure or other health effects for selected
groups or individuals in order to determine the desirability of
conducting full scale epidemiologic or other health studies of the
entire exposed population.''.

SEC. 4. DISTRIBUTION OF MATERIALS TO HEALTH PROFESSIONALS AND MEDICAL
              CENTERS.

    Paragraph (14) of section 104(i) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i))
is amended to read as follows:
    ``(14) In implementing this subsection and other health-related
provisions of this Act in cooperation with the States, the
Administrator of ATSDR shall--
            ``(A) assemble, develop as necessary, and distribute to the
        States, medical colleges, physicians, nursing institutions,
        nurses, and other health professionals and medical centers,
        appropriate educational materials (including short courses) on
        the medical surveillance, screening, and methods of prevention,
        diagnosis, and treatment of injury or disease related to
        exposure to hazardous substances (giving priority to those
        listed in paragraph (2)), through means the Administrator of
        ATSDR considers appropriate; and
            ``(B) assemble, develop as necessary, and distribute to the
        general public and to at-risk populations appropriate
        educational materials and other information on human health
        effects of hazardous substances.''.
SEC. 5. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES.

    Section 104(i)(15) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 6904(i)(15)) is
amended as follows:
            (1) By inserting ``(A)'' before ``The activities''.
            (2) In the first sentence, by striking ``cooperative
        agreements with States (or political subdivisions thereof)''
        and inserting ``grants, cooperative agreements, or contracts
        with States (or political subdivisions thereof), other
        appropriate public authorities, public or private institutions,
        colleges, universities, and professional associations giving
        consideration to those colleges and universities that are
        historically black colleges and universities and to other
        educational institutions that primarily serve minorities or
        represent the interests of affected communities''.
            (3) By adding at the end the following new subparagraphs:
    ``(B) When a health assessment is conducted at a facility on the
National Priorities List, or a release is being evaluated for inclusion
on the National Priorities List, the Administrator of ATSDR may provide
the assistance specified in this paragraph to public or private
nonprofit entities, individuals, and community-based groups that may be
affected by the release or threatened release of hazardous substances
in the environment.
    ``(C) The Administrator of the Agency for Toxic Substances and
Disease Registry, pursuant to the grants, cooperative agreements and
contracts referred to in this paragraph, is authorized and directed to
provide, where appropriate, health services to communities affected by
the release of hazardous substances. Such health services may include
diagnostic services, specialized treatment, health data registries and
preventative public health education.''.

SEC. 6. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS.

    Section 121(c) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) is amended
in the first sentence by inserting after ``remedial action'' the second
time it appears the following: ``, including public health
recommendations and decisions resulting from activities under section
104(i),''.

Summary: Superfund Site Public Health Improvement Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include US Government facilities on the National Priorities List (NPL) among those requiring a health assessment by the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR). Requires all health assessments to be commenced as soon as practicable after proposal for inclusion on the NPL and to be completed no later than the date of issuance of a remedial investigation and feasibility study. Directs the Administrator of the Environmental Protection Agency (EPA) and the ATSDR Administrator to develop strategies to obtain characterization data for use in health assessments. Requires the EPA Administrator to provide data sufficiently prior to initiation of remedial actions to allow ATSDR to complete its assessments and requires the ATSDR Administrator, where appropriate, to provide EPA as soon as practicable after site discovery with recommendations for sampling environmental media for hazardous substances of public health concern. Directs the ATSDR Administrator to improve community involvement in health assessments by: (1) collecting data from residents of affected communities and other sources in communities affected or potentially affected by hazardous substances, pollutants, or contaminants. And (2) designing assessments that take into account the needs and conditions of the community and permitting affected communities to play an active and early role in reviewing assessment designs. Directs the ATSDR Administrator to include other appropriate information as a basis for conducting human health studies of exposure or other health effects in order to determine whether to conduct full-scale epidemiological or other health studies of the exposed population. Revises provisions regarding distribution by ATSDR of educational materials concerning hazardous substance exposure to health professionals and medical centers to: (1) include nursing institutions and nurses as recipients of such materials, (2) add materials on methods of prevention. And (3) require distribution to the general public and at-risk populations of such materials and other information. Authorizes the ATSDR Administrator, in addition to using cooperative agreements, to carry out activities through grants to or contracts with States and political subdivisions, other public authorities, institutions, colleges, universities, and professional associations, giving consideration to historically black colleges and other educational institutions that primarily serve minorities or represent the interests of affected communities. Authorizes assistance, when a health assessment is conducted at a facility on the NPL or a release is being evaluated for inclusion on such list, to public and nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release. Authorizes and directs the provision of health services to affected communities. Requires the President to add to the review at least every five years of remedial actions that result in a site remaining contaminated a review of public health recommendations and decisions resulting from ATSDR activities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Domestic Violence and
Stalking Victims Act''.

SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF
              DOMESTIC VIOLENCE'' EXPANDED.

    Section 921(a) of title 18, United States Code, is amended--
            (1) in paragraph (32)--
                    (A) by striking ``and an individual'' and inserting
                ``an individual''; and
                    (B) by inserting ``, or a dating partner (as
                defined in section 2266) or former dating partner''
                before the period at the end; and
            (2) in paragraph (33)(A)(ii)--
                    (A) by striking ``or by'' and inserting ``by''; and
                    (B) by inserting ``, or by a dating partner (as
                defined in section 2266) or former dating partner of
                the victim'' before the period at the end.

SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER.

    Section 922(d)(8) of title 18, United States Code, is amended to
read as follows:
            ``(8) is subject to a court order described in subsection
        (g)(8); or''.

SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER
              PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM
              EXPANDED.

    Section 922(g)(8) of title 18, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``that'';
            (2) by striking subparagraphs (A) and (B) and inserting the
        following:
                    ``(A)(i) that was issued after a hearing of which
                such person received actual notice, and at which such
                person had an opportunity to participate; or
                    ``(ii) in the case of an ex parte order, relating
                to which notice and opportunity to be heard are
                provided--
                            ``(I) within the time required by State,
                        tribal, or territorial law; and
                            ``(II) in any event within a reasonable
                        time after the order is issued, sufficient to
                        protect the person's right to due process;
                    ``(B) that restrains such person from--
                            ``(i) harassing, stalking, threatening, or
                        engaging in other conduct that would put an
                        individual in reasonable fear of bodily injury
                        to such individual, including an order that was
                        issued at the request of an employer on behalf
                        of its employee or at the request of an
                        institution of higher education on behalf of
                        its student; or
                            ``(ii) intimidating or dissuading a witness
                        from testifying in court; and''; and
            (3) in subparagraph (C)--
                    (A) by striking ``intimate partner or child'' each
                place it appears and inserting ``individual described
                in subparagraph (B)'';
                    (B) in clause (i), by inserting ``that'' before
                ``includes''; and
                    (C) in clause (ii), by inserting ``that'' before
                ``by its''.

SEC. 5. STALKING PROHIBITIONS.

    (a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, as amended by section 3 of this
Act, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of--
                    ``(A) a misdemeanor crime of stalking under
                Federal, State, territorial, or tribal law; or
                    ``(B) a crime that involves conduct which would be
                prohibited by section 2261A if committed within the
                special maritime and territorial jurisdiction of the
                United States.''.
    (b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of
such title, as amended by section 4 of this Act, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the comma at the end of paragraph (9) and
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of--
                    ``(A) a misdemeanor crime of stalking under
                Federal, State, territorial, or tribal law; or
                    ``(B) a crime that involves conduct which would be
                prohibited by section 2261A if committed within the
                special maritime and territorial jurisdiction of the
                United States,''.

Summary: Protecting Domestic Violence and Stalking Victims Act Amends federal firearms provisions to expand the definition of: (1) quot, intimate partnerquot, to include a dating partner or former dating partner, and (2) quot, misdemeanor crime of domestic violencequot. To include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student, or from intimidating or dissuading a witness from testifying in court. Or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy America Commission Act of
2003''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Healthy
America Commission'' (in this Act referred to as the ``Commission'') .

SEC. 3. DUTIES OF COMMISSION.

    The Commission shall conduct a study and, under section 6(b),
submit a report on the following:
            (1) The total predicted societal costs of preventable
        diseases in the United States, disagreggated by the incidence
        and societal costs of each such disease.
            (2) The Federal Government's share of paying for the total
        predicted societal costs of preventable diseases in the United
        States during, at a minimum, the next 20 years.
            (3) The impact of preventable disease on society relative
        to the quality and affordability of health care.
            (4) The estimated costs and likely long-term savings
        resulting from a long-term disease prevention program, taking
        into consideration a series of scenarios regarding the
        program's scope and effectiveness.
            (5) Economic and other incentives throughout society for
        encouraging behavioral changes and personal responsibility.
            (6) Cost-benefit ratios for a broad series of disease
        prevention initiatives, including how far-reaching each
        initiative would be.
            (7) Target goals against which the Nation's progress under
        a long-term disease prevention program may be measured based on
        biannual achievement evaluations.
            (8) Procedures for monitoring the Nation's progress under a
        long-term disease prevention program and changes that may need
        to be made as the program proceeds.
            (9) Whether a series of pilot demonstration programs of
        various intensities should be undertaken before initiating a
        full-scale, comprehensive long-term disease prevention program
        for the Nation.
            (10) The efficiency of existing disease prevention programs
        and any corresponding need for expanded efforts.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11
members, appointed by the President in consultation with the Speaker
and the minority leader of the House of Representatives and the
majority leader and the minority leader of the Senate.
    (b) Terms.--Each member of the Commission shall serve for the life
of the Commission.
    (c) Vacancies.--Any vacancy in the membership of the Commission
shall be filled in the manner in which the original appointment was
made.
    (d) Pay.--Each member of the Commission shall be paid at a rate
equal to the daily equivalent of the minimum annual rate of basic pay
payable for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which the member is engaged in the actual performance of duties
vested in the Commission.
    (e) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
    (f) Chairperson.--The President shall designate the Chairperson of
the Commission from among the 11 members of the Commission.
    (g) Experts and Consultants.--The Commission may procure temporary
and intermittent services, which may include the services of the Rand
Corporation, under section 3109(b) of title 5, United States Code.
    (h) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (d) Staff of Federal Agencies.--Upon the request of the Commission,
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 Commission to assist it in carrying out its duties under this
Act.
    (e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
    (f) Gifts, Bequests, and Devises.--To the extent or in the amounts
provided in advance in appropriations Acts, the Commission may accept,
use, and dispose of gifts, bequests, and devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, or devises of
money and proceeds from sales of other property received as gifts,
bequests, or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.

SEC. 6. REPORTS.

    (a) Interim Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to the Congress, the
President, and the Secretary of Health and Human Services an interim
report that contains such information as the Commission considers
appropriate.
    (b) Final Report.--Not later than 2 years after the date of the
enactment of this Act, the Commission shall submit a final report to
the Congress, the President, and the Secretary of Health and Human
Services that contains a detailed statement of the findings and
conclusions of the Commission, together with its recommendations for
such legislation and administrative action as the Commission considers
appropriate.

SEC. 7. TERMINATION.

    The Commission shall terminate 90 days after submitting its final
report under section 6(b).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$7,000,000 for the period of fiscal years 2005 through 2007.

Summary: Healthy America Commission Act of 2003 - Establishes the Healthy America Commission to study and report on the societal costs of preventable disease, including: (1) costs to the Federal government and health care system, (2) incentives for behavioral change. And (3) a cost-benefit analysis for a broad series of disease prevention initiatives.

To establish the Healthy America Commission.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``USDA
Accountability and Equity Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
  TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND
                            THEIR EMPLOYEES

Sec. 101. Membership requirements for county and area committees.
Sec. 102. Improved oversight of county, area, and community committee
                            elections.
Sec. 103. Federal civil service status of county and area committee
                            employees.
                   TITLE II--IMPROVED PROGRAM EQUITY

Sec. 201. Participation of socially disadvantaged farmers and ranchers
                            and other similarly situated farmers and
                            ranchers in environmental quality
                            incentives program.
Sec. 202. Grants to upgrade agricultural and food sciences facilities
                            at 1890 land-grant colleges, including
                            Tuskegee University.
Sec. 203. Funding of program of outreach and technical assistance to
                            socially disadvantaged farmers.
Sec. 204. Funding of extension Indian reservation program.
Sec. 205. Funding of farm ownership and operating loan programs.

  TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND
                            THEIR EMPLOYEES

SEC. 101. MEMBERSHIP REQUIREMENTS FOR COUNTY AND AREA COMMITTEES.

    Effective 90 days after the date of the enactment of this Act,
section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act
(16 U.S.C. 590h(a)(5)(B)) is amended by striking clause (ii) and
inserting the following:
            ``(ii)(I) A county or area committee shall consist of not
        fewer than 5 nor more than 7 members who are fairly
        representative of the agricultural producers in the county or
        area.
            ``(II) Except as provided in subclause (III), the members
        of a county or area committee shall be elected by the
        agricultural producers in such county or area under such
        procedures as the Secretary may prescribe.
            ``(III) 2 members shall be demographically representative
        of groups of agricultural producers in the county or area who,
        in the absence of appointment under this subclause, would be
        under-represented on the committee. The Secretary shall appoint
        these members based on recommendations made by the under-
        represented groups. If the Secretary makes such an appointment
        from among persons not so recommended, the Secretary shall
        provide the reasons therefor upon request.''.

SEC. 102. IMPROVED OVERSIGHT OF COUNTY, AREA, AND COMMUNITY COMMITTEE
              ELECTIONS.

    (a) Uniform Guidelines.--The Secretary of Agriculture shall
prescribe uniform guidelines for conducting elections for members and
alternates of county and area committees established pursuant to
section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b)(5)), members and alternates of community committees so
established, and delegates to local administrative area conventions and
county conventions.
    (b) Certification of Election Results.--Effective 90 days after the
date of the enactment of this Act, section 8(a)(5)(B) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(a)(5)(B)) is
amended by adding at the end the following new clause:
    ``(vi) Members elected pursuant to an election conducted under this
subparagraph shall not commence their term of service unless and until
the Secretary determines that--
            ``(I) the election fully complied with the laws,
        regulations, and guidlines applicable to the conduct of the
        election; and
            ``(II) the members-elect satisfy the eligibility
        requirements for committee membership.''.

SEC. 103. FEDERAL CIVIL SERVICE STATUS OF COUNTY AND AREA COMMITTEE
              EMPLOYEES.

    (a) County Committee Employee Defined.--In this section, the term
``county committee employee'' means an employee of a county or area
committee employed pursuant to section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)).
    (b) Federal Civil Service Status.--On and after the effective date
of this section, the civil service laws shall apply to all county
committee employees, subject to such regulations as the Secretary may
prescribe and the conversion options for existing county committee
employees provided by this section.
    (c) Conversion of Permanent County Committee Employees.--Subject to
regulations of the Office of Personnel Management, a county committee
employee who is so employed on the effective date of this section under
an appointment not limited to one year or less shall be converted to
Federal civil service appointments, as follows:
            (1) A county committee employee who has completed 3 years
        of service shall be given a career civil service appointment.
            (2) A county committee employee who has completed less than
        3 years of service shall be given a career-conditional civil
        service appointment. The period of permanent service as a
        county committee employee shall be counted when calculating the
        3 years of service necessary for conversion to career civil
        service status.
    (d) Conversion of Temporary County Committee Employees.--Subject to
regulations of the Office of Personnel Management, a county committee
employee who is so employed on the effective date of this section under
an appointment of less than one year shall be converted to a temporary
Federal civil service appointment.
    (e) Crediting Service as County Committee Employee.--Service as a
county committee employee performed before the effective date of this
section shall be counted as creditable Federal service when determining
tenure, time-in-grade eligibility, within-grade increases, and
probationary periods.
    (f) Reemployment Rights.--Subject to regulations of the Office of
Personnel Management, a former permanent county committee employee who,
before the effective date of this section, was provided reemployment
priority rights as a county committee employee due to being separated
through reduction-in-force procedures established by the Secretary of
Agriculture, may receive special selection priority for civil service
positions in the Farm Service Agency for a period of 2 years after the
date of the employee's separation.
    (g) Conforming Amendments.--(1) Section 226 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is amended by
striking subsection (e).
    (2) Title 5, United States Code, is amended--
            (A) in section 3502(a)(4)(C)(i), by striking ``Soil
        Conservation and Allotment Act'' and inserting ``Soil
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)),
        before the effective date of section 102 of the USDA
        Accountability and Equity Act of 2000,'';
            (B) in section 5306(a)(1)(C), by striking ``section 590h(b)
        of title 16'' and inserting ``section 8(b) of the Soil
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)),
        before the effective date of section 102 of the USDA
        Accountability and Equity Act of 2000'';
            (C) in section 5334(e), by striking ``section 590h(b) of
        title 16'' and inserting ``section 8(b) of the Soil
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)),
        before the effective date of section 102 of the USDA
        Accountability and Equity Act of 2000'';
            (D) in section 6312(a)(1), by striking ``Soil Conservation
        and Allotment Act'' and inserting ``Soil Conservation and
        Domestic Allotment Act (16 U.S.C. 590h(b)), before the
        effective date of section 102 of the USDA Accountability and
        Equity Act of 2000,'';
            (E) in section 8331(1)(F), by striking ``section 590h(b) of
        title 16'' and inserting ``section 8(b) of the Soil
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)),
        before the effective date of section 102 of the USDA
        Accountability and Equity Act of 2000'';
            (F) in section 8701(a)(8), by striking ``section 590h(b) of
        title 16'' and inserting ``section 8(b) of the Soil
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)),
        before the effective date of section 102 of the USDA
        Accountability and Equity Act of 2000''; and
            (G) in section 8901(1)(G), by striking ``section 590h(b) of
        title 16'' and inserting ``section 8(b) of the Soil
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)),
        before the effective date of section 102 of the USDA
        Accountability and Equity Act of 2000''.
    (3) Section 8(b)(5)(E) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)(E)) is amended by striking the
second and third sentences.
    (h) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.

                   TITLE II--IMPROVED PROGRAM EQUITY

SEC. 201. PARTICIPATION OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS
              AND OTHER SIMILARLY SITUATED FARMERS AND RANCHERS IN
              ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    (a) Inclusion of Definition.--Section 1201(a) of the Food Security
Act of 1985 (16 U.S.C. 3801(a)) is amended--
            (1) by redesignating paragraphs (16), (17), and (18) as
        paragraphs (17), (18), and (19), respectively; and
            (2) by inserting after paragraph (15) the following new
        paragraph:
    ``(16) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' means a farmer or rancher
who is a member of a socially disadvantaged group (as that term is
defined in section 355(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e))), a farmer or rancher who has
limited resources, or a farmer or rancher who is a member of a
federally recognized Indian tribe.''.
    (b) Increased Funding; Availability of Funds.--Section 1241(b) of
the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended--
            (1) in paragraph (1), by striking ``and $200,000,000 for
        each of fiscal years 1997 through 2002'' and inserting
        ``$200,000,000 for each of fiscal years 1997 through 2000, and
        $300,000,000 for each of fiscal years 2001 and 2002'';
            (2) in paragraph (2), by striking ``50 percent'' and
        inserting ``one-third''; and
            (3) by adding at the end the following new paragraphs:
            ``(3) Assistance for socially disadvantaged farmers and
        ranchers.--For each of fiscal years 2001 and 2002, one-third of
        the funding available for technical assistance, cost-share
        payments, incentives payments, and education under the
        environmental quality incentives program shall be targeted to
        increase assistance to socially disadvantaged farmers and
        ranchers.
            ``(4) Availability of funds.--Funds made available to the
        environmental quality incentives program through the Commodity
        Credit Corporation shall remain available until expended.''.
    (c) Priority for Assistance.--Section 1240C of the Food Security
Act of 1985 (16 U.S.C. 3839aa-3) is amended--
            (1) in paragraph (2), by striking ``or'';
            (2) in paragraph (3), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(4) are for operations owned or operated by a socially
        disadvantaged farmer or rancher.''.
    (d) Timing of Payments; Cost-Share Limitations.--Section 1240G of
the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended--
            (1) in subsection (c), by striking ``may not be made by the
        Secretary until the subsequent fiscal year'' and inserting
        ``may be made by the Secretary during that fiscal year''; and
            (2) by adding at the end the following new subsection:
    ``(d) Waiver of Cost-Share Requirements.--In addition to subsection
(b), the Secretary may waive or adjust the maximum rate of cost-share
and incentive payments under subsection (a) in the case of a producer
who is a socially disadvantaged farmer or rancher.''.
    (e) Calculating Producer Contributions.--Section 1240B(e)(1) of the
Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)) is amended by
adding at the end the following new subparagraph:
                    ``(D) In-kind contributions.--For purposes of
                calculating the producer's share of the cost of a
                structural practice, the Secretary may count
                contributions in labor, materials, or equipment when
                the producer is a socially disadvantaged farmer or
                rancher.''.

SEC. 202. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES
              AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
              UNIVERSITY.

    Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended to read
as follows:
    ``(b) Appropriation.--
            ``(1) In general.--Out of any money in the Treasury of the
        United States not otherwise appropriated, there are
        appropriated to the Secretary of Agriculture $15,000,000 for
        fiscal year 2001 and for each succeeding fiscal year to carry
        out this section.
            ``(2) Availability.--Amounts appropriated under paragraph
        (1) shall remain available until expended.''.

SEC. 203. FUNDING OF PROGRAM OF OUTREACH AND TECHNICAL ASSISTANCE TO
              SOCIALLY DISADVANTAGED FARMERS.

    Section 2501(a)(3) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(a)(3)) is amended to read as follows:
            ``(3) Appropriation.--Out of any money in the Treasury of
        the United States not otherwise appropriated, there are
        appropriated to the Secretary $10,000,000 for fiscal year 2001
        and for each succeeding fiscal year to carry out this
        section.''.

SEC. 204. FUNDING OF EXTENSION INDIAN RESERVATION PROGRAM.

    Section 1677(g) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5930(g)) is amended to read as follows:
    ``(g) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated to the
Secretary $8,000,000 for fiscal year 2001 and for each succeeding
fiscal year to carry out this section.''.

SEC. 205. FUNDING OF FARM OWNERSHIP AND OPERATING LOAN PROGRAMS.

    Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended by adding at the end the
following:
                    ``(H) Additional funding.--Out of any money in the
                Treasury of the United States not otherwise
                appropriated, there are appropriated to the Secretary
                for fiscal year 2001 and for each succeeding fiscal
                year $585,000,000 for direct loans, of which--
                            ``(i) $85,000,000 shall be for farm
                        ownership loans under subtitle A; and
                            ``(ii) $500,000,000 shall be for operating
                        loans under subtitle B.''.

Summary: Directs the Secretary to prescribe uniform guidelines for conducting county and area committee elections. Provides for the conversion of permanent and temporary county committee employees to Federal civil service status. Title II: Improved Program Equity - Amends the Food Security Act of 1985 respecting the environmental quality incentives program to: (1) increase program funding, (2) reduce the livestock set-aside. And (3) give priority to, establish set-asides, and waive cost-share requirements for socially disadvantaged farmers and ranchers. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations for: (1) outreach and technical assistance programs for socially disadvantaged farmers and ranchers. And (2) Indian reservation extension education programs. Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Authorizing the Regulation of Swaps
Act''.

SEC. 2. REPEAL OF PROHIBITION ON CERTAIN REGULATION OF SWAP AGREEMENTS.

    The following provisions of law are repealed:
            (1) Sections 206A, 206B, and 206C of the Gramm-Leach-Bliley
        Act (15 U.S.C. 78c note).
            (2) Section 2A of the Securities Act of 1933 (15 U.S.C.
        77b-1).
            (3) Section 17(d) of the Securities Act of 1933 (15 U.S.C.
        77q(d)).
            (4) Section 3A of the Securities Exchange Act of 1934 (15
        U.S.C. 78c-1).
            (5) Section 9(i) of the Securities Exchange Act of 1934 (15
        U.S.C. 78i(i)).
            (6) Section 15(i) of the Securities Exchange Act of 1934
        (15 U.S.C. 78o(i)), as added by section 303(f) of the Commodity
        Futures Modernization Act of 2000 (Public Law 106-554; 114
        Stat. 2763A-455).
            (7) Section 16(g) of the Securities Exchange Act of 1934
        (15 U.S.C. 78p(g)).
            (8) Section 20(f) of the Securities Exchange Act of 1934
        (15 U.S.C. 78t(f)).
            (9) Section 21A(g) of the Securities Exchange Act of 1934
        (15 U.S.C. 78u-1(g)).
            (10) Sections 301(b) and 304 of the Commodity Futures
        Modernization Act of 2000 (Public Law 106-554; 114 Stat. 2763A-
        451, 2763A-457).
            (11) Sections 403, 404, and 407 of the Legal Certainty for
        Bank Products Act of 2000 (7 U.S.C. 27a, 27b, 27e).
            (12) Subsection (d), subsection (g), and paragraphs (1) and
        (2) of subsection (h) of section 2 of the Commodity Exchange
        Act (7 U.S.C. 2).
            (13) Section 5d of the Commodity Exchange Act (7 U.S.C. 7a-
        3).

SEC. 3. AUTHORIZATION OF REGULATION AND OVERSIGHT REGARDING SWAP
              AGREEMENTS.

    (a) Authorization of Regulation and Oversight.--Notwithstanding any
other provision of law, and subject to subsections (b) through (d),
each Federal financial regulator may--
            (1) exercise oversight over--
                    (A) any swap agreement that is entered into,
                purchased, or sold (or as to which the transaction,
                purchase, or sale is effected) by any financial
                institution, entity, or person (for its own account or
                for the account of others) that is subject to the
                jurisdiction of the Federal financial regulator; and
                    (B) any swap agreement that is subject to the
                jurisdiction of the Federal financial regulator; and
            (2) promulgate, interpret, and enforce regulations, issue
        orders of general applicability, and impose disclosure,
        reporting, or recordkeeping requirements, procedures, or
        standards, relating to any swap agreement--
                    (A) that is entered into, purchased, or sold (or as
                to which the transaction, purchase, or sale is
                effected) by any financial institution, entity, or
                person (for its own account or for the account of
                others) that is subject to the jurisdiction of the
                Federal financial regulator; and
                    (B) that is subject to the jurisdiction of the
                Federal financial regulator.
    (b) Exchanges and Trading Facilities.--In carrying out subsection
(a)--
            (1) the Securities and Exchange Commission (and not any
        other Federal financial regulator) shall exercise oversight and
        carry out regulatory or oversight activity over--
                    (A) any exchange or clearing agency (as those terms
                are defined in section 3(a) of the Securities Exchange
                Act of 1934 (15 U.S.C. 78c(a)); and
                    (B) any swap agreement traded on or cleared through
                such exchange or clearing agency; and
            (2) the Commodity Futures Trading Commission (and not any
        other Federal financial regulator) shall exercise oversight and
        carry out regulatory or oversight activity over--
                    (A) any trading facility or registered entity (as
                those terms are defined in section 1a of the Commodity
                Exchange Act (7 U.S.C. 1a)); and
                    (B) any swap agreement executed on, traded on, or
                cleared through such trading facility or registered
                entity.
    (c) Rules of Construction.--Nothing in this Act may be construed
as--
            (1) limiting or reducing the authority of a Federal
        financial regulator in effect on the date of enactment of this
        Act with respect to swap agreements;
            (2) affecting the authority of the Commodity Futures
        Trading Commission under section 2(h)(3) or 4(c) of the
        Commodity Exchange Act (7 U.S.C. 2(h)(3), 6(c)), or affecting
        any exemption granted under that section 4(c); or
            (3) requiring any swap agreement to be--
                    (A) conducted on or subject to the rules of a board
                of trade which has been designated or registered by the
                Commodity Futures Trading Commission as a contract
                market or derivatives transaction execution facility;
                or
                    (B) traded through an exchange or broker or dealer
                registered or required to be registered under the
                Securities Exchange Act of 1934 (15 U.S.C. 78a et
                seq.).
    (d) Consistent Treatment of Swap Agreements.--Prior to taking
action under subsection (a)(2), each Federal financial regulator shall
consult, work, and cooperate with other Federal financial regulators to
promote consistency in the treatment of swap agreements.

SEC. 4. DEFINITIONS.

    For the purposes of this Act, the following definitions shall
apply:
            (1) Federal financial regulator.--
                    (A) In general.--The term ``Federal financial
                regulator'' means--
                            (i) the Commodity Futures Trading
                        Commission;
                            (ii) the Federal Deposit Insurance
                        Corporation;
                            (iii) the Board of Governors of the Federal
                        Reserve System;
                            (iv) the National Credit Union
                        Administration;
                            (v) the Office of the Comptroller of the
                        Currency;
                            (vi) the Office of Thrift Supervision;
                            (vii) the Securities and Exchange
                        Commission; and
                            (viii) any other Federal agency that is
                        authorized under any provision of Federal law
                        to regulate any financial institution or type
                        or class of financial instrument or offering
                        thereof.
            (2) Purchase; sale.--The terms ``purchase'' and ``sale'',
        when used with respect to a swap agreement, means the
        execution, termination (prior to its scheduled maturity date),
        assignment, exchange, or similar transfer or conveyance of, or
        extinguishing of rights or obligations under a swap agreement,
        as the context may require.
            (3) Swap agreement.--
                    (A) In general.--The term ``swap agreement'' means
                any agreement, contract, or transaction between
                eligible contract participants (as defined in section
                1a(12) of the Commodity Exchange Act (7 U.S.C.
                1a(12))), the material terms of which (other than price
                and quantity) are subject to individual negotiation and
                that--
                            (i) is a put, call, cap, floor, collar, or
                        similar option of any kind for the purchase or
                        sale of, or based on the value of, 1 or more
                        interest or other rates, currencies,
                        commodities, indices, quantitative measures, or
                        other financial or economic interests or
                        property of any kind;
                            (ii) provides for any purchase, sale,
                        payment, or delivery (other than a dividend on
                        an equity security) that is dependent on the
                        occurrence, nonoccurrence, or the extent of the
                        occurrence of any event or contingency
                        associated with a potential financial,
                        economic, or commercial consequence;
                            (iii) provides on an executory basis for
                        the exchange, on a fixed or contingent basis,
                        of 1 or more payments based on the value or
                        level of 1 or more interest or other rates,
                        currencies, commodities, securities, instrument
                        of indebtedness, indices, quantitative
                        measures, or other financial or economic
                        interests or property of any kind, or any
                        interest therein or based on the value thereof,
                        and that transfers, as between the parties to
                        the transactions, in whole or in part, the
                        financial risk associated with a future change
                        in any such value or level without also
                        conveying a current or future direct or
                        indirect ownership interest in an asset
                        (including any enterprise or investment pool)
                        or liability that incorporates the financial
                        risk so transferred, including any such
                        agreement, contract, or transaction commonly
                        known as an ``interest rate swap'', including a
                        rate floor, rate cap, rate collar, cross-
                        currency rate swap, basis swap, currency swap,
                        equity index swap, equity swap, debt index
                        swap, debt swap, credit spread, credit default
                        swap, credit swap, weather swap, or commodity
                        swap;
                            (iv) provides for the purchase or sale, on
                        a fixed or contingent basis, of any commodity,
                        currency, instrument, interest, right, service,
                        good, articles, or property of any kind; or
                            (v) is any combination or permutation of,
                        or option on, any agreement, contract, or
                        transaction described in any of clauses (i)
                        through (iv).
                    (B) Exclusions.--The term ``swap agreement'' does
                not include--
                            (i) any put, call, straddle, option, or
                        privilege on any security, certificate of
                        deposit, or group or index of securities,
                        including any interest therein or based on the
                        value thereof;
                            (ii) any put, call, straddle, option, or
                        privilege entered into on a national securities
                        exchange registered pursuant to section 6(a) of
                        the Securities Exchange Act of 1934 (15 U.S.C.
                        78f(a)) relating to foreign currency;
                            (iii) any agreement, contract, or
                        transaction providing for the purchase or sale
                        of 1 or more securities on a fixed basis;
                            (iv) any agreement, contract, or
                        transaction providing for the purchase or sale
                        of 1 or more securities on a contingent basis,
                        unless the agreement, contract, or transaction
                        predicates the purchase or sale on the
                        occurrence of a bona fide contingency that
                        might reasonably be expected to affect or be
                        affected by the creditworthiness of a party
                        other than a party to the agreement, contract,
                        or transaction;
                            (v) any note, bond, or evidence of
                        indebtedness that is a security; or
                            (vi) any agreement, contract, or
                        transaction that is--
                                    (I) based on a security; and
                                    (II) entered into directly or
                                through an underwriter (as defined in
                                section 2(a) of the Securities Act of
                                1933 (15 U.S.C. 77b(a))) by the issuer
                                of the security for the purpose of
                                raising capital, unless such agreement,
                                contract, or transaction is entered
                                into to manage a risk associated with
                                capital raising.
                    (C) Inclusion.--The term ``swap agreement''
                includes a master agreement that provides for an
                agreement, contract, or transaction that is a swap
                agreement pursuant to subparagraphs (A) and (B),
                together with all supplements to any such master
                agreement, without regard to whether the master
                agreement contains an agreement, contract, or
                transaction that is not a swap agreement pursuant to
                subparagraphs (A) and (B), except that the master
                agreement shall be considered to be a swap agreement
                only with respect to each agreement, contract, or
                transaction under the master agreement that is a swap
                agreement pursuant to subparagraphs (A) and (B).
                    (D) Meaning of security.--For purposes of this
                paragraph, the term ``security'' has the same meaning
                as in section 2(a)(1) of the Securities Act of 1933 (15
                U.S.C. 77b(a)(1)) or section 3(a)(10) of the Securities
                Exchange Act of 1934 (15 U.S.C. 78c(a)(10)).

SEC. 5. CONFORMING AMENDMENTS.

    (a) Securities Act of 1933.--Section 17(a) of the Securities Act of
1933 (15 U.S.C. 77q(a)) is amended by striking ``security-based swap
agreement (as defined in section 206B of the Gramm-Leach-Bliley Act)''
and inserting ``swap agreement''.
    (b) Securities Exchange Act of 1934.--The Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) is amended--
            (1) by striking ``security-based swap agreement (as defined
        in section 206B of the Gramm-Leach-Bliley Act)'' each place
        that term appears and inserting ``swap agreement'';
            (2) by striking ``security-based swap agreements (as
        defined in section 206B of the Gramm-Leach-Bliley Act)'' each
        place that term appears and inserting ``swap agreements'';
            (3) in each of sections 9 and 16 (15 U.S.C. 78i, 78p)--
                    (A) by striking ``security-based swap agreement''
                each place that term appears and inserting ``swap
                agreement''; and
                    (B) by striking ``security-based swap agreements''
                each place that term appears and inserting ``swap
                agreements'';
            (4) in section 10(b) (15 U.S.C. 78j(b)), by striking
        ``securities-based swap agreement (as defined in section 206B
        of the Gramm-Leach-Bliley Act)'' and inserting ``swap
        agreement'';
            (5) in section 16(a)(2)(C) (15 U.S.C. 78p(a)(2)(C)), by
        striking ``security-based swap agreement (as defined in section
        206(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note))''
        and inserting ``swap agreement''; and
            (6) in section 3(a)(55)(A) (15 U.S.C. 78c(a)(55)(A)), by
        striking ``2(c), 2(d), 2(f), or 2(g)'' and inserting ``2(c) or
        2(f)''.
    (c) Commodity Exchange Act.--
            (1) Section 1a of the Commodity Exchange Act (7 U.S.C. 1a)
        is amended--
                    (A) in paragraph (12)(A)(x), by striking ``or an
                exempt board of trade''; and
                    (B) in paragraph (31), in the second sentence, by
                striking ``2(c), 2(d), 2(f), or 2(g) of this Act'' and
                inserting ``2(c) or 2(f)''.
            (2) Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is
        amended--
                    (A) in subsection (c)(1), by striking ``5d,'';
                    (B) in subsection (e)--
                            (i) in paragraph (1), by striking
                        ``2(d)(2), 2(g), or''; and
                            (ii) in paragraph (2), by striking ``, or
                        operating as an exempt board of trade'';
                    (C) in subsection (h)(4)(A), by striking ``5d,'';
                and
                    (D) in subsection (i)--
                            (i) in paragraph (1)(A), by striking
                        ``2(d), 2(e), 2(f), or 2(g)'' and inserting
                        ``2(e), or 2(f)''; and
                            (ii) in paragraph (2), by striking ``Act),
                        5b of this Act, or 5d of this Act'' and
                        inserting ``Act) or 5b of this Act''.
            (3) Section 5a(g)(1) of the Commodity Exchange Act (7
        U.S.C. 7a(g)(1)) is amended by striking ``2(c), 2(d), or 2(g)''
        and inserting ``2(c)''.
            (4) Section 5b of the Commodity Exchange Act (7 U.S.C. 7a-
        1) is amended--
                    (A) in subsection (a)(1), by striking ``2(d), 2(f),
                or 2(g)'' and inserting ``or 2(f)''; and
                    (B) in subsection (b), by striking ``2(c), 2(d),
                2(f), or 2(g)'' and inserting ``2(c) or 2(f)''.
            (5) Section 12(e) of the Commodity Exchange Act (7 U.S.C.
        16(e)) is amended--
                    (A) in paragraph (1)(B)(i), by striking ``or exempt
                board of trade''; and
                    (B) in paragraph (2)(B), by striking ``2(c), 2(d),
                2(f), or 2(g)'' and inserting ``2(c) or 2(f)''.
    (d) Federal Deposit Insurance Corporation Improvement Act.--Section
408(2)(C) of the Federal Deposit Insurance Corporation Improvement Act
of 1991 (12 U.S.C. 4421(2)(C)) is amended by striking ``2(c), 2(d),
2(f), or 2(g)'' and inserting ``2(c) or 2(f)''.

Summary: Authorizing the Regulation of Swaps Act - Amends the Gramm-Leach-Bliley Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Commodity Futures Modernization Act of 2000, the Legal Certainty for Bank Products Act of 2000, and the Commodity Exchange Act to repeal prohibitions against regulation of credit default swaps and other swap agreements, whether traded on an exchange or over-the-counter, including commodity, equity, foreign currency, and interest rate swaps. Authorizes the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and specified other federal financial regulators to: (1) exercise oversight over any swap agreement entered into, purchased, or sold by any financial institution, entity, or person , and any swap agreement, that is subject to the regulator's jurisdiction. And (2) promulgate, interpret, and enforce regulations, issue orders of general applicability, and impose disclosure, reporting, or recordkeeping requirements relating to any such swap agreement. Grants the SEC sole oversight authority over: (1) any exchange or clearing agency. And (2) any swap agreement traded on or cleared through such exchange or clearing agency. Grants the CFTC sole oversight authority over: (1) any trading facility or registered entity. And (2) any swap agreement executed on, traded on, or cleared through such trading facility or registered entity.

A bill to authorize the regulation of credit default swaps and other swap agreements, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mortgage E-Verify Act of 2010''.

SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM.

    (a) Fannie Mae.--Subsection (b) of section 302 of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is
amended by adding at the end the following new paragraph:
    ``(7)(A) Notwithstanding any other provision of law, the
corporation may not--
            ``(i) refinance, restructure, or modify, or otherwise
        authorize or enter into any agreement for the refinancing,
        restructuring, or modification of any single-family housing
        mortgage that is held by or that backs any security issued by
        the corporation, or
            ``(ii) purchase, or issue any security that is backed by,
        any single-family housing mortgage made for the refinancing,
        restructuring, or modification of the mortgagor's previous
        single-family housing mortgage on the same property,
        unless the identity and work eligibility of the mortgagor under
        such mortgage has been confirmed by an inquiry under
        subparagraph (B).
    ``(B) An inquiry under this subparagraph is an inquiry made through
the basic pilot program under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note;
commonly referred to as the E-Verify program). Notwithstanding any
other provision of law, lenders for single-family housing mortgages and
the corporation may submit such inquiries regarding the identities and
work eligibility of mortgagors under such mortgages, and may be
provided confirmations and nonconfirmations pursuant to such inquiries,
under such basic pilot program.
    ``(C) For purposes of this paragraph, the term `single-family
housing mortgage' means a mortgage that is secured by a 1- to 4-family
residence.''.
    (b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding
at the end the following new paragraph:
    ``(6)(A) Notwithstanding any other provision of law, the
Corporation may not--
            ``(i) refinance, restructure, or modify, or otherwise
        authorize or enter into any agreement for the refinancing,
        restructuring, or modification of any single-family housing
        mortgage that is held by or that backs any security issued by
        the Corporation, or
            ``(ii) purchase, or issue any security that is backed by,
        any single-family housing mortgage made for the refinancing,
        restructuring, or modification of the mortgagor's previous
        single-family housing mortgage on the same property,
        unless the identity and work eligibility of the mortgagor under
        such mortgage has been confirmed by an inquiry under
        subparagraph (B)
    ``(B) An inquiry under this subparagraph is an inquiry made through
the basic pilot program under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note;
commonly referred to as the E-Verify program). Notwithstanding any
other provision of law, lenders for single-family housing mortgages and
the Corporation may submit such inquiries regarding the identities and
work eligibility of mortgagors under such mortgages, and may be
provided confirmations and nonconfirmations pursuant to such inquiries,
under such basic pilot program.
    ``(C) For purposes of this paragraph, the term `single-family
housing mortgage' means a mortgage that is secured by a 1- to 4-family
residence.''.
    (c) FHA.--Title II of the National Housing Act (12 U.S.C. 1707 et
seq.) is amended by adding at the end the following new section:

``SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICATION OF MORTGAGES.

    ``(a) Prohibition.--Notwithstanding any other provision of law, the
Secretary may not--
            ``(1) authorize or enter into any agreement for the
        refinancing, restructuring, or modification of any single-
        family housing mortgage that is insured by the Secretary under
        this Act, or
            ``(2) insure any single-family housing mortgage made for
        the refinancing, restructuring, or modification of the
        mortgagor's previous single-family housing mortgage on the same
        property,
unless the identity and work eligibility of the mortgagor under such
mortgage has been confirmed by an inquiry under subsection (b).
    ``(b) E-Verify Inquiries.--An inquiry under this subsection is an
inquiry made through the basic pilot program under section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note; commonly referred to as the E-Verify program).
Notwithstanding any other provision of law, lenders for single-family
housing mortgages and the Secretary may submit such inquiries regarding
the identities and work eligibility of mortgagors under such mortgages,
and may be provided confirmations and nonconfirmations pursuant to such
inquiries, under such basic pilot program.
    ``(c) Single-Family Housing Mortgage.--For purposes of this
paragraph, the term `single-family housing mortgage' means a mortgage
that is secured by a 1- to 4-family residence.''.

Summary: Mortgage E-Verify Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to require the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation Act to confirm the identity and work eligibility of the mortgagor as a prerequisite to: (1) any refinancing, restructuring, or modification agreement governing a single-family housing mortgage that is held by, or that backs any security issued by, either Fannie Mae or Freddie Mac. Or (2) any purchase of, or issuance of any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property. Identifies the required inquiry as one made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends the National Housing Act to require the Secretary of Housing and Urban Development (HUD) to use the E-Verify program to confirm the identity and work eligibility of the mortgagor as a prerequisite to single-family housing mortgage insurance issued under the Act.

To require, as a condition for modification of a home mortgage loan held by Fannie Mae or Freddie Mac or insured under the National Housing Act, that the mortgagor be verified under the E-Verify program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Misclassification of Employees
Act''.

SEC. 2. PROCEDURES APPLICABLE TO DETERMINATIONS OF EMPLOYMENT STATUS.

    (a) Waiver of Employment Tax Liability for Reasonable Good Faith
Misclassification Based on Common Law Rules.--
            (1) In general.--Section 3509 of the Internal Revenue Code
        of 1986 (relating to determination of employer's liability for
        certain employment taxes) is amended by adding at the end the
        following new subsection:
    ``(e) Waiver of Employment Tax Liability for Reasonable Good Faith
Misclassification Based on Common Law Rules.--
            ``(1) In general.--For purposes of determining the
        liability of any taxpayer for employment taxes with respect to
        any individual for any period, such individual shall be deemed
        not to have been an employee of the taxpayer for such period
        if--
                    ``(A) the taxpayer did not treat such individual as
                an employee for purposes of the employment taxes for
                such period,
                    ``(B) the taxpayer's treatment of such individual
                as not being an employee was based on a reasonable good
                faith misapplication of the common law rules used for
                determining the employer-employee relationship,
                    ``(C) all Federal tax returns (including
                information returns) required to be filed by the
                taxpayer with respect to such individual for such
                period were filed on a basis consistent with the
                taxpayer's treatment of such individual as not being an
                employee,
                    ``(D) the taxpayer (and any predecessor) did not
                treat any other individual holding a substantially
                similar position as an employee for purposes of the
                employment taxes for any period beginning after
                December 31, 1977, and
                    ``(E) the taxpayer enters into a closing agreement
                under section 7121 with the Secretary (in the time and
                manner determined by the Secretary) agreeing to treat
                such individual, and any other individual holding a
                substantially similar position, as employees and to
                file all Federal employment tax returns with respect to
                such individuals on a basis consistent with the
                taxpayer's treatment of such individuals as employees.
            ``(2) Definition and special rules.--
                    ``(A) Employment tax.--For purposes of this
                subsection, the term `employment tax' means any tax
                imposed by this subtitle, including any interest,
                penalty, or additional amount with respect to such tax.
                    ``(B) No refund or credit of overpayment.--No
                refund or credit of any overpayment of an employment
                tax resulting from the application of paragraph (1)
                shall be allowed, notwithstanding that the period for
                filing a claim for refund or credit of such overpayment
                is not barred on the effective date of this subsection.
            ``(3) Termination.--This subsection shall not apply if the
        closing agreement referred to in paragraph (1)(E) is entered
        into more than 1 year after the date of the enactment of this
        subsection.''
            (2) Monitoring of closing agreement required.--The
        Secretary of the Treasury or his delegate shall monitor
        compliance with each closing agreement referred to in section
        3509(e)(1)(E) of the Internal Revenue Code of 1986 (as added by
        this section) for not less than 5 years after the date such
        agreement is entered into. Such monitoring shall include not
        only monitoring the payments made to the individuals specified
        in the agreement but also the aggregate wages paid to employees
        and the aggregate payments to independent contractors for
        services.
    (b) Modifications to Safe Harbor for Classifications of Individuals
as Nonemployees.--
            (1) Requirement of reasonable basis.--Paragraph (1) of
        section 530(a) of the Revenue Act of 1978 (relating to
        controversies involving whether individuals are employees for
        purposes of the employment taxes) is amended by striking
        ``unless the taxpayer had no reasonable basis'' and inserting
        the following: ``if the taxpayer had a reasonable basis''.
            (2) Only recent employment tax audit is reasonable basis.--
                    (A) In general.--Paragraph (2) of section 530(a) of
                the Revenue Act of 1978 is amended--
                            (i) by striking the paragraph caption and
                        inserting the following: ``Reasonable basis for
                        not treating individual as employee.--'',
                            (ii) in the matter preceding subparagraph
                        (A)--
                                    (I) by striking ``in any case'',
                                and
                                    (II) by inserting ``only'' before
                                ``if the taxpayer's'', and
                            (iii) by striking subparagraph (B) and
                        inserting the following new subparagraph:
                    ``(B)(i) an Internal Revenue Service audit of the
                taxpayer--
                            ``(I) was conducted solely for employment
                        tax purposes not more than 3 years before such
                        period, and
                            ``(II) included an examination for
                        employment tax purposes of individuals holding
                        positions substantially similar to the
                        positions held by the individual involved,
                    ``(ii) upon completion of such audit the taxpayer
                was notified in writing by the Internal Revenue Service
                that the treatment for employment tax purposes of the
                individuals referred to in clause (i)(II) was correct,
                and
                    ``(iii) such notification is not revoked before
                such period; or''.
                    (B) Conforming amendment.--Subparagraph (A) of
                section 530(e)(2) of the Revenue Act of 1978 (as
                amended by section 1121 of the Small Business Job
                Protection Act of 1996) is repealed.
    (c) Termination of Treatment of Certain Technical Personnel.--
Subsection (d) of section 530 of the Revenue Act of 1978 is repealed.
    (d) Authority for Regulations and Rulings on Employment Status.--
Subsection (b) of section 530 of the Revenue Act of 1978 is repealed.
    (e) Payors To Notify Service Providers of Consequences of
Employment Status.--
            (1) Section 6041 of such Code (relating to information at
        source) is amended by redesignating subsection (e) as
        subsection (f) and by inserting after subsection (d) the
        following new subsection:
    ``(e) Additional Information Required To Be Included on Statements
Covering Payments for Services.--In the case of a statement required
under subsection (d) with respect to any payment for services, such
statement shall be treated as not satisfying the requirements of
subsection (d) unless such statement includes the following
information:
            ``(1) The payor is treating the payee as not being an
        employee and the payee may be liable for self-employment tax.
            ``(2) If the payee believes that he should properly be
        treated as an employee, an explanation of the procedure for
        obtaining Internal Revenue Service review of his status.
            ``(3) The payee will not be eligible for any employee
        fringe benefits and may lose protections or benefits under
        Federal laws relating to fair labor standards, occupational
        health and safety, civil rights, unemployment insurance, and
        worker's compensation.
            ``(4) An explanation of tax benefits to the self-employed
        such as retirement plans and deduction for a portion of the
        cost of health insurance.''
            (2) Section 6041A of such Code (relating to returns
        regarding payments of remuneration for services and direct
        sales) is amended by redesignating subsection (f) as subsection
        (g) and by inserting after subsection (e) the following new
        subsection:
    ``(f) Additional Information Required To Be Included on
Statements.--In the case of a statement required under subsection (e),
such statement shall be treated as not satisfying the requirements of
subsection (e) unless such statement includes the information specified
in paragraphs (1) through (4) of section 6041(e).''
    (f) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect beginning on
        the date which is 120 days after the date of the enactment of
        this Act.
            (2) Modifications to safe harbor; termination of treatment
        of technical personnel.--The amendments made by subsections (b)
        and (c) shall apply to periods ending on or after the date
        which is 120 days after the date of the enactment of this Act.

SEC. 3. CLASSIFICATION OF INDIVIDUALS AS EMPLOYEES FOR PURPOSES OF
              UNEMPLOYMENT COMPENSATION PROGRAM.

    (a) Uniform Federal and State Definition of Employee.--Subsection
(a) of section 3304 of the Internal Revenue Code of 1986 (relating to
requirements for approval of State unemployment compensation laws) is
amended by striking ``and'' at the end of paragraph (18), by
redesignating paragraph (19) as paragraph (18), and by inserting after
paragraph (18) the following new paragraph:
            ``(19) the determination of whether an individual is an
        employee of another person shall be made in accordance with
        section 3306(i); and''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on the 180th
        day after the date of the enactment of this Act.
            (2) Special rule.--In the case of any State the legislature
        of which has not been in session for at least 30 calendar days
        (whether or not successive) between the date of the enactment
        of this Act and such 180th day, the amendments made by this
        section shall take effect 30 calendar days after the 1st day on
        which such legislature is in session on or after such 180th
        day.

Summary: Misclassification of Employees Act - Amends the Internal Revenue Code to provide for the waiver of employment tax liability for employers for any period if: (1) the employer did not treat an individual as an employee for purposes of employment taxes. (2) the treatment of such individual was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship. (3) Federal tax returns for such period were filed on a basis consistent with the treatment of such individual as not being an employee. (4) the employer did not treat any other individual holding a substantially similar position as an employee for employment tax purposes after December 31, 1977. And (5) the employer enters into a closing agreement with, and monitored by, the Secretary of the Treasury with respect to treating such individual as an employee. Amends the Revenue Act of 1978 to require an employer to have a reasonable basis for not treating an individual as an employee. Requires the use of a recent prior audit as a reasonable basis. Excludes certain skilled technical personnel from such tax treatment. Removes the prohibition against regulations and rulings on employment status. Amends the Internal Revenue Code to set forth additional information to be included on statements covering payments for services. Provides for the determination of whether an individual is an employee of another person for purposes of unemployment compensation.

Misclassification of Employees Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Service Members Student Loan Relief
Act''.

SEC. 2. DEFERRAL FOR CERTAIN PERIOD IN CONNECTION WITH RECEIPT OF
              ORDERS FOR MOBILIZATION FOR WAR OR NATIONAL EMERGENCY.

    (a) Federal Family Education Loans.--Section 428(b)(1)(M) of the
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
            (1) in the matter preceding clause (i), by striking ``,
        during any period'';
            (2) in clause (i), by striking ``during which'' and
        inserting ``during any period during which'';
            (3) in clause (ii), by striking ``during which'' and
        inserting ``during any period during which'';
            (4) in clause (iii)--
                    (A) by striking ``during which'' and inserting
                ``during any period during which''; and
                    (B) in the matter following subclause (II), by
                striking ``or'' after the semicolon;
            (5) by redesignating clause (iv) as clause (vi);
            (6) by inserting after clause (iii) the following:
                            ``(iv) in the case of any borrower who has
                        received a call or order to duty described in
                        subclause (I) or (II) of clause (iii), during
                        the shorter of--
                                    ``(I) the period beginning on the
                                date such call or order to duty is
                                received by the borrower and ending on
                                the first day of the service described
                                in subclause (I) or (II) of clause
                                (iii); and
                                    ``(II) the 180-day period preceding
                                the first day of such service;
                            ``(v) notwithstanding clause (iv)--
                                    ``(I) in the case of any borrower
                                described in such clause whose call or
                                order to duty is cancelled before the
                                first day of the service described in
                                subclause (I) or (II) of clause (iii)
                                because of a personal injury in
                                connection with training to prepare for
                                such service, during the period
                                described in clause (iv) and during an
                                additional period equal to the duration
                                of such service, as specified by or
                                otherwise determined in the original
                                call or order to duty; and
                                    ``(II) in the case of any borrower
                                whose call or order to duty is
                                cancelled before the first day of such
                                service for a reason other than an
                                injury described in subclause (I),
                                during the period beginning on the date
                                the call or order to duty is received
                                by the borrower and ending on the date
                                that is 14 days after such call or
                                order to duty is cancelled; and''; and
            (7) in clause (vi) (as redesignated by paragraph (5)), by
        striking ``not in excess'' and inserting ``during any period
        not in excess''.
    (b) Direct Loans.--Section 455(f)(2) of the Higher Education Act of
1965 (20 U.S.C. 1087e(f)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``during any period'';
            (2) in subparagraph (A), by striking ``during which'' and
        inserting ``during any period during which'';
            (3) in subparagraph (B), by striking ``not in excess'' and
        inserting ``during any period not in excess'';
            (4) in subparagraph (C)--
                    (A) by striking ``during which'' and inserting
                ``during any period during which''; and
                    (B) in the matter following clause (ii), by
                striking ``or'' after the semicolon;
            (5) by redesignating subparagraph (D) as subparagraph (F);
            (6) by inserting after subparagraph (C) the following:
                    ``(D) in the case of any borrower who has received
                a call or order to duty described in clause (i) or (ii)
                of subparagraph (C), during the shorter of--
                            ``(i) the period beginning on the date such
                        call or order to duty is received by the
                        borrower and ending on the first day of the
                        service described in clause (i) or (ii) of
                        subparagraph (C); and
                            ``(ii) the 180-day period preceding the
                        first day of such service;
                    ``(E) notwithstanding subparagraph (D)--
                            ``(i) in the case of any borrower described
                        in such subparagraph whose call or order to
                        duty is cancelled before the first day of the
                        service described in clause (i) or (ii) of
                        subparagraph (C) because of a personal injury
                        in connection with training to prepare for such
                        service, during the period described in
                        subparagraph (D) and during an additional
                        period equal to the duration of such service,
                        as specified by or otherwise determined in the
                        original call or order to duty; and
                            ``(ii) in the case of any borrower whose
                        call or order to duty is cancelled before the
                        first day of such service for a reason other
                        than an injury described in clause (i), during
                        the period beginning on the date the call or
                        order to duty is received by the borrower and
                        ending on the date that is 14 days after such
                        call or order to duty is cancelled; and''; and
            (7) in subparagraph (F) (as redesignated by paragraph (5)),
        by striking ``not in excess'' and inserting ``during any period
        not in excess''.
    (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--
            (1) in the matter preceding clause (i), by striking
        ``during any period'';
            (2) in clause (i), by striking ``during which'' and
        inserting ``during any period during which'';
            (3) in clause (ii), by striking ``not in excess'' and
        inserting ``during any period not in excess'';
            (4) in clause (iii), by striking ``during which'' and
        inserting ``during any period during which'';
            (5) by redesignating clauses (iv) and (v) as clauses (vi)
        and (vii), respectively;
            (6) by inserting after clause (iii) the following:
                    ``(iv) in the case of any borrower who has received
                a call or order to duty described in subclause (I) or
                (II) of clause (iii), during the shorter of--
                            ``(I) the period beginning on the date such
                        call or order to duty is received by the
                        borrower and ending on the first day of the
                        service described in subclause (I) or (II) of
                        clause (iii); and
                            ``(II) the 180-day period preceding the
                        first day of such service;
                    ``(v) notwithstanding clause (iv)--
                            ``(I) in the case of any borrower described
                        in such clause whose call or order to duty is
                        cancelled before the first day of the service
                        described in subclause (I) or (II) of clause
                        (iii) because of a personal injury in
                        connection with training to prepare for such
                        service, during the period described in clause
                        (iv) and during an additional period equal to
                        the duration of such service, as specified by
                        or otherwise determined in the original call or
                        order to duty; and
                            ``(II) in the case of any borrower whose
                        call or order to duty is cancelled before the
                        first day of such service for a reason other
                        than an injury described in subclause (I),
                        during the period beginning on the date the
                        call or order to duty is received by the
                        borrower and ending on the date that is 14 days
                        after such call or order to duty is
                        cancelled;'';
            (7) in clause (vi) (as redesignated by paragraph (5)), by
        striking ``not in excess'' and inserting ``during any period
        not in excess''; and
            (8) in clause (vii) (as redesignated by paragraph (5)), by
        striking ``during which'' and inserting ``during any period
        during which''.
    (d) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to authorize any refunding of any repayment
of a loan.
    (e) Applicability.--The amendments made by this section shall apply
with respect to all loans made, insured, or guaranteed under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

SEC. 3. CONFORMING AMENDMENTS.

    Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is further amended--
            (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078-
        2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and
        inserting ``clause (i)(I), (iv), or (v) of section
        428(b)(1)(M)''; and
            (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking
        ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or
        464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of
        section 428(b)(1)(M), subparagraph (C) or (D) of section
        455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.

Summary: Service Members Student Loan Relief Act - Amends title IV of the Higher Education Act of 1965 to allow members of the Armed Forces and National Guard to defer payments of principal on their Federal Family Education Loans, William D. Ford Federal Direct Loans, and Federal Perkins Loans for the period beginning on the date they receive a call or order to duty in connection with a war, military operation, or national emergency and ending on their first day of service. Allows individuals whose call to duty is cancelled before their first day of service: (1) due to a service training injury, to defer payments of principal on those loans through what would have been their period of service. And (2) for a reason other than a service training injury, to defer payments of principal on those loans for 14 days after that cancellation.

Service Members Student Loan Relief Act