SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arlington National Cemetery Burial
Eligibility Act''.

SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.

    (a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
    ``(a) Primary Eligibility.--The remains of the following
individuals may be buried in Arlington National Cemetery:
            ``(1) Any member of the Armed Forces who dies while on
        active duty.
            ``(2)(A) Any retired member of the Armed Forces.
            ``(B) Any member or former member of a reserve component of
        the Armed Forces--
                    ``(i) who served on active duty;
                    ``(ii) who was honorably discharged from such
                active duty service;
                    ``(iii) who, at the time of death, was under 60
                years of age; and
                    ``(iv) who, but for age, would have been eligible
                at the time of death for retired pay under chapter 1223
                of title 10.
            ``(3) Any former member of the Armed Forces separated for
        physical disability before October 1, 1949, who--
                    ``(A) served on active duty; and
                    ``(B) would have been eligible for retirement under
                the provisions of section 1201 of title 10 (relating to
                retirement for disability) had that section been in
                effect on the date of separation of the member.
            ``(4) Any former member of the Armed Forces whose last
        active duty military service terminated honorably and who has
        been awarded one of the following decorations:
                    ``(A) Medal of Honor.
                    ``(B) Distinguished Service Cross, Air Force Cross,
                or Navy Cross.
                    ``(C) Distinguished Service Medal.
                    ``(D) Silver Star.
                    ``(E) Purple Heart.
            ``(5) Any former prisoner of war who dies on or after
        November 30, 1993.
            ``(6) Any member of a reserve component of the Armed Forces
        who dies in the performance of duty while on active duty for
        training or inactive duty training.
            ``(7) The President or any former President.
    ``(b) Eligibility of Family Members.--The remains of the following
individuals may be buried in Arlington National Cemetery:
            ``(1) The spouse, surviving spouse (which for purposes of
        this paragraph includes any remarried surviving spouse, section
        2402(5) of this title notwithstanding), minor child, and, at
        the discretion of the Superintendent, unmarried adult child of
        a person listed in subsection (a), but only if buried in the
        same gravesite as that person.
            ``(2)(A) The spouse, minor child, and, at the discretion of
        the Superintendent, unmarried adult child of a member of the
        Armed Forces on active duty if such spouse, minor child, or
        unmarried adult child dies while such member is on active duty.
            ``(B) The individual whose spouse, minor child, and
        unmarried adult child is eligible under subparagraph (A), but
        only if buried in the same gravesite as the spouse, minor
        child, or unmarried adult child.
            ``(3) The parents of a minor child or unmarried adult child
        whose remains, based on the eligibility of a parent, are
        already buried in Arlington National Cemetery, but only if
        buried in the same gravesite as that minor child or unmarried
        adult child.
            ``(4)(A) Subject to subparagraph (B), the surviving spouse,
        minor child, and, at the discretion of the Superintendent,
        unmarried adult child of a member of the Armed Forces who was
        lost, buried at sea, or officially determined to be permanently
        absent in a status of missing or missing in action.
            ``(B) A person is not eligible under subparagraph (A) if a
        memorial to honor the memory of the member is placed in a
        cemetery in the national cemetery system, unless the memorial
        is removed. A memorial removed under this subparagraph may be
        placed, at the discretion of the Superintendent, in Arlington
        National Cemetery.
            ``(5) The surviving spouse, minor child, and, at the
        discretion of the Superintendent, unmarried adult child of a
        member of the Armed Forces buried in a cemetery under the
        jurisdiction of the American Battle Monuments Commission.
    ``(c) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to the time
of death because of a physical or mental condition, the child may be
buried under subsection (b) without requirement for approval by the
Superintendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligible for
burial under subsection (a), has been or will be buried.
    ``(d) Family Members of Persons Buried in a Group Gravesite.--In
the case of a person eligible for burial under subsection (a) who is
buried in Arlington National Cemetery as part of a group burial, the
surviving spouse, minor child, or unmarried adult child of the member
may not be buried in the group gravesite.
    ``(e) Exclusive Authority for Burial in Arlington National
Cemetery.--(1) Eligibility for burial of remains in Arlington National
Cemetery prescribed under this section is the exclusive eligibility for
such burial.
    ``(2)(A) In the case of an individual not otherwise eligible for
burial under subsection (a) whose acts, service, or contributions to
the Armed Forces are so extraordinary as to justify burial in Arlington
National Cemetery, the President may deem such individual eligible for
burial under subsection (a).
    ``(B) If the President deems an individual eligible for burial in
Arlington National Cemetery under subparagraph (A), the Secretary of
the Army shall immediately notify the chairmen and the ranking members
of the Committee on Veterans' Affairs of the Senate and House of
Representatives.
    ``(C)(i) Except as provided in clause (ii), the authority under
subparagraph (A) may not be delegated.
    ``(ii) The President may only delegate the authority under
subparagraph (A) to the Secretary of the Army.
    ``(f) Application for Burial.--(1) A request for burial of remains
of an individual in Arlington National Cemetery shall be made to the
Secretary of the Army or to any other Federal official that the
Secretary of the Army may specify.
    ``(2) The Secretary, or other Federal official, may not consider a
request referred to in paragraph (1) that is made before the death of
the individual for whom burial in Arlington National Cemetery is
requested.
    ``(3) The President, or the Secretary, as the case may be, may not
consider a request to deem an individual eligible for burial in
Arlington National Cemetery under subsection (e)(2) that is made before
the death of the individual for whom burial in Arlington National
Cemetery is requested.
    ``(g) Register of Buried Individuals.--(1) The Secretary of the
Army shall maintain a register of each individual buried in Arlington
National Cemetery and shall make such register available to the public.
    ``(2) With respect to each such individual buried on or after
January 1, 2002, the register shall include a brief description of the
basis of eligibility of the individual for burial in Arlington National
Cemetery.
    ``(h) Definitions.--For purposes of this section:
            ``(1) The term `retired member of the Armed Forces' means--
                    ``(A) any member of the Armed Forces on a retired
                list who served on active duty and who is entitled to
                retired pay;
                    ``(B) any member of the Fleet Reserve or Fleet
                Marine Corps Reserve who served on active duty and who
                is entitled to retainer pay; and
                    ``(C) any member of a reserve component of the
                Armed Forces who has served on active duty and who has
                received notice from the Secretary concerned under
                section 12731(d) of title 10, of eligibility for
                retired pay under chapter 1223 of title 10, United
                States Code.
            ``(2) The term `former member of the Armed Forces' includes
        a person whose service is considered active duty service
        pursuant to a determination of the Secretary of Defense under
        section 401 of Public Law 95-202 (38 U.S.C. 106 note).
            ``(3) The term `Superintendent' means the Superintendent of
        Arlington National Cemetery.''.
    (b) Publication of Updated Pamphlet.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Army shall
publish an updated pamphlet describing eligibility for burial in
Arlington National Cemetery. The pamphlet shall reflect the provisions
of section 2412 of title 38, United States Code, as added by subsection
(a).
    (c) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding at the
end the following new item:

``2412. Arlington National Cemetery: persons eligible for burial.''.
    (d) Technical Amendment.--Section 2402(5) of title 38, United
States Code, is amended by inserting ``, except section 2412(b)(1) of
this title,'' after ``which for purposes of this chapter''.
    (e) Conforming Repeal.--Section 1176 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 38 U.S.C.
2402 note) is repealed.
    (f) Effective Date.--(1) Except as provided in paragraph (2),
section 2412 of title 38, United States Code, as added by subsection
(a), shall apply with respect to individuals dying on or after the date
of the enactment of this Act.
    (2) In the case of an individual buried in Arlington National
Cemetery before the date of the enactment of this Act, the surviving
spouse of such individual is deemed to be eligible for burial in
Arlington National Cemetery under subsection (b) of such section, but
only in the same gravesite as such individual.

SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON
              NATIONAL CEMETERY.

    (a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2412, as added by section 2(a) of this
Act, the following new section:
``Sec. 2413. Arlington National Cemetery: persons eligible for
              placement in columbarium
    ``The cremated remains of the following individuals may be placed
in the columbarium in Arlington National Cemetery:
            ``(1) A person eligible for burial in Arlington National
        Cemetery under section 2412 of this title.
            ``(2)(A) A veteran whose last period of active duty service
        (other than active duty for training) ended honorably.
            ``(B) The spouse, surviving spouse, minor child, and, at
        the discretion of the Superintendent of Arlington National
        Cemetery, unmarried adult child of such a veteran.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2412, as added by section 2(c) of this Act, the following new
item:

``2413. Arlington National Cemetery: persons eligible for placement in
                            columbarium.''.
    (c) Conforming Amendment.--Section 11201(a)(1) of title 46, United
States Code, is amended by inserting after subparagraph (B), the
following new subparagraph:
                    ``(C) Section 2413 (relating to placement in the
                columbarium in Arlington National Cemetery).''.
    (d) Effective Date.--Section 2413 of title 38, United States Code,
as added by subsection (a), and section 11201(a)(1)(C), as added by
subsection (c), shall apply with respect to individuals dying on or
after the date of the enactment of this Act.

SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.

    (a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2413, as added by section 3(a) of this
Act, the following new section:
``Sec. 2414. Arlington National Cemetery: authorized headstones,
              markers, and monuments
    ``(a) Gravesite Markers Provided by the Secretary.--A gravesite in
Arlington National Cemetery shall be appropriately marked in accordance
with section 2404 of this title.
    ``(b) Gravesite Markers Provided at Private Expense.--(1) The
Secretary of the Army shall prescribe regulations for the provision of
headstones or markers to mark a gravesite at private expense in lieu of
headstones and markers provided by the Secretary of Veterans Affairs in
Arlington National Cemetery.
    ``(2) Such regulations shall ensure that--
            ``(A) such headstones or markers are of simple design,
        dignified, and appropriate to a military cemetery;
            ``(B) the person providing such headstone or marker
        provides for the future maintenance of the headstone or marker
        in the event repairs are necessary;
            ``(C) the Secretary of the Army shall not be liable for
        maintenance of or damage to the headstone or marker;
            ``(D) such headstones or markers are aesthetically
        compatible with Arlington National Cemetery; and
            ``(E) such headstones or markers are permitted only in
        sections of Arlington National Cemetery authorized for such
        headstones or markers as of January 1, 1947.
    ``(c) Monuments.--(1) No monument (or similar structure as
determined by the Secretary of the Army in regulations) may be placed
in Arlington National Cemetery except pursuant to the provisions of
this subsection.
    ``(2) A monument may be placed in Arlington National Cemetery if
the monument commemorates--
            ``(A) the service in the Armed Forces of the individual, or
        group of individuals, whose memory is to be honored by the
        monument; or
            ``(B) a particular military event.
    ``(3) No monument may be placed in Arlington National Cemetery
until the end of the 25-year period beginning--
            ``(A) in the case of commemoration of service under
        paragraph (1)(A), on the last day of the period of service so
        commemorated; and
            ``(B) in the case of commemoration of a particular military
        event under paragraph (1)(B), on the last day of the period of
        the event.
    ``(4) A monument may be placed only in those sections of Arlington
National Cemetery designated by the Secretary of the Army for such
placement.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2413, as added by section 3(b) of this Act, the following new
item:

``2414. Arlington National Cemetery: authorized headstones, markers,
                            and monuments.''.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to headstones, markers, or monuments placed in
Arlington National Cemetery on or after the date of the enactment of
this Act.

SEC. 5. PUBLICATION OF REGULATIONS.

    Not later than one year after the date of the enactment of this
Act, the Secretary of the Army shall publish in the Federal Register
any regulation proposed by the Secretary to carry out sections 2
through 4.

SEC. 6. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR
              GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT
              PRIVATE CEMETERIES TO VETERANS DYING ON OR AFTER
              SEPTEMBER 11, 2001.

    (a) In General.--Subsection (d) of section 502 of the Veterans
Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115
Stat. 994; 38 U.S.C. 2306 note) is amended by striking ``the date of
the enactment of this Act'' and inserting ``September 11, 2001''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of such section 502.

            Passed the House of Representatives July 22, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty, (2) any retired member of the armed forces. (3) any member or former member of a reserve component of the armed forces who served on active duty, who was honorably discharged from active duty, who was under 60 years of age, and who, but for such age, would have been eligible for retired pay. (4) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date. (5) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations. (6) any former prisoner of war who dies on or after November 30, 1993. (7) any reserve member who dies while on active duty for training or inactive duty training, (8) the President or any former President. (9) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member. (10) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty. (11) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (10), above, but only if buried in the same grave site. (12) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same grave site. (13) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action. And (14) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission. Authorizes the President to deem an otherwise ineligible individual as eligible for such burial for extraordinary acts, services, or contributions to the armed forces. Prohibits the consideration of a request for burial under such extraordinary circumstances that is made before the death of the individual involved. Directs the Secretary of the Army to: (1) maintain a register of each individual buried in the Cemetery that describes the basis of burial eligibility for individuals buried on or after January 1, 2002. And (2) publish an updated pamphlet describing eligibility for Cemetery burial. Authorizes the cremated remains of the following individuals to be placed in the Cemetery columbarium: (1) any person described above who is eligible for Cemetery burial. (2) a veteran whose last period of active duty service ended honorably. And (3) the spouse, surviving spouse, minor child, and, at the Superintendent's discretion, the unmarried adult child of a veteran whose last period of active service ended honorably. Requires a Cemetery grave site to be appropriately marked. Requires the Secretary to prescribe regulations for the provision of Cemetery headstones or markers at private expense in lieu of Cemetery headstones and markers provided by the Secretary of Veterans Affairs. Allows for the placement of Cemetery monuments for particular military service or a military event, but requires a 25-year wait after such service or event before the placing of such monument. Amends the Veterans Education and Benefits Expansion Act of 2001 to make a provision authorizing the Secretary of Veterans Affairs to furnish a headstone or marker for the graves of eligible veterans buried in private cemeteries effective with respect to veterans dying on or after September 11, 2001 .

To amend title 38, United States Code, to enact into law eligibility requirements for burial in Arlington National Cemetery, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Debt Relief Reconciliation Act for
Fiscal Year 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) fiscal discipline, resulting from the Balanced Budget
        Act of 1997, and strong economic growth have ended decades of
        deficit spending and have produced budget surpluses without
        using the social security surplus;
            (2) fiscal pressures will mount in the future as the aging
        of the population increases budget obligations;
            (3) until Congress and the President agree to legislation
        that strengthens Social Security, the social security surplus
        should be used to reduce the debt held by the public;
            (4) strengthening the Government's fiscal position through
        public debt reduction increases national savings, promotes
        economic growth, reduces interest costs, and is a constructive
        way to prepare for the Government's future budget obligations;
        and
            (5) it is fiscally responsible and in the long-term
        national economic interest to use a portion of the nonsocial
        security surplus to reduce the debt held by the public.
    (b) Purpose.--It is the purpose of this Act to--
            (1) reduce the debt held by the public with the goal of
        eliminating this debt by 2013; and
            (2) decrease the statutory limit on the public debt.

SEC. 3. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.

    (a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 3114. Public debt reduction payment account
    ``(a) There is established in the Treasury of the United States an
account to be known as the Public Debt Reduction Payment Account
(hereinafter in this section referred to as the `account').
    ``(b) The Secretary of the Treasury shall use amounts in the
account to pay at maturity, or to redeem or buy before maturity, any
obligation of the Government held by the public and included in the
public debt. Any obligation which is paid, redeemed, or bought with
amounts from the account shall be canceled and retired and may not be
reissued. Amounts deposited in the account are appropriated and may
only be expended to carry out this section.
    ``(c) There is hereby appropriated into the account on October 1,
2000, or the date of enactment of this Act, whichever is later, out of
any money in the Treasury not otherwise appropriated, $25,000,000,000
for the fiscal year ending September 30, 2001. The funds appropriated
to this account shall remain available until expended.
    ``(d) The appropriation made under subsection (c) shall not be
considered direct spending for purposes of section 252 of Balanced
Budget and Emergency Deficit Control Act of 1985.
    ``(e) Establishment of and appropriations to the account shall not
affect trust fund transfers that may be authorized under any other
provision of law.
    ``(f) The Secretary of the Treasury and the Director of the Office
of Management and Budget shall each take such actions as may be
necessary to promptly carry out this section in accordance with sound
debt management policies.
    ``(g) Reducing the debt pursuant to this section shall not
interfere with the debt management policies or goals of the Secretary
of the Treasury.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3113 the following:

``3114. Public debt reduction payment account.''.

SEC. 4. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.

    Section 3101(b) of title 31, United States Code, is amended by
inserting ``minus the amount appropriated into the Public Debt
Reduction Payment Account pursuant to section 3114(c)'' after
``$5,950,000,000,000''.

SEC. 5. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.

    Notwithstanding any other provision of law, the receipts and
disbursements of the Public Debt Reduction Payment Account established
by section 3114 of title 31, United States Code, shall not be counted
as new budget authority, outlays, receipts, or deficit or surplus for
purposes of--
            (1) the budget of the United States Government as submitted
        by the President;
            (2) the congressional budget; or
            (3) the Balanced Budget and Emergency Deficit Control Act
        of 1985.

SEC. 6. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET
              PRONOUNCEMENTS.

    (a) In General.--Any official statement issued by the Office of
Management and Budget, the Congressional Budget Office, or any other
agency or instrumentality of the Federal Government of surplus or
deficit totals of the budget of the United States Government as
submitted by the President or of the surplus or deficit totals of the
congressional budget, and any description of, or reference to, such
totals in any official publication or material issued by either of such
Offices or any other such agency or instrumentality, shall exclude the
outlays and receipts of the Public Debt Reduction Payment Account
established by section 3114 of title 31, United States Code.
    (b) Separate Public Debt Reduction Payment Account Budget
Documents.--The excluded outlays and receipts of the Public Debt
Reduction Payment Account established by section 3114 of title 31,
United States Code, shall be submitted in separate budget documents.

SEC. 7. REPORTS TO CONGRESS.

    (a) Reports of the Secretary of the Treasury.--(1) Within 30 days
after the appropriation is deposited into the Public Debt Reduction
Payment Account under section 3114 of title 31, United States Code, the
Secretary of the Treasury shall submit a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate confirming that such account has been established
and the amount and date of such deposit. Such report shall also include
a description of the Secretary's plan for using such money to reduce
debt held by the public.
    (2) Not later than October 31, 2002, the Secretary of the Treasury
shall submit a report to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate setting
forth the amount of money deposited into the Public Debt Reduction
Payment Account, the amount of debt held by the public that was
reduced, and a description of the actual debt instruments that were
redeemed with such money.
    (b) Report of the Comptroller General of the United States.--Not
later than November 15, 2002, the Comptroller General of the United
States shall submit a report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
verifying all of the information set forth in the reports submitted
under subsection (a).

            Passed the House of Representatives July 18, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Appropriates funds for the Account. Prohibits such appropriation from being considered as direct spending for purposes of pay-as-you-go provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 . Reduces the public debt limit by the amount appropriated into the Account. Bars Account receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of : (1) the Federal Government budget as submitted by the President, (2) the congressional budget. Or (3) the Gramm-Rudman-Hollings Act. Requires the Secretary to report to specified congressional committees on the Account.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``House Ethics Commission
Establishment Act of 2007''.

SEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION.

    (a) Establishment.--There is established an independent ethics
commission within the legislative branch of the Government to be known
as the House Ethics Commission (in this Act referred to as the
``Commission'').
    (b) Membership and Terms of Office.--(1) The Commission shall
consist of 12 individuals. Six former Democratic Members shall be
appointed by the Republican leader and 6 former Republican Members by
the Democratic leader of the House of Representatives. Except as
provided by paragraph (2), the terms of all members of the Commission
shall be 2 years and no member may serve for more than 6 years.
    (2) Of the members first appointed--
            (A) 2 appointed by each leader shall be for a term of 2
        years;
            (B) 2 appointed by each leader shall be for a term of 4
        years; and
            (C) 2 appointed by each leader shall be for a term of 6
        years;
as designated by each such leader at the time of appointment.
    (c) Chairman and Vice Chairman.--The chairman and the vice chairman
of the Commission shall be selected by the members of the Commission at
its first meeting. No member may serve for more than one 2-year term as
chairman and no member may serve for more than one 2-year term as vice
chairman.
    (d) Qualifications.--Only former Members of the House of
Representatives shall be eligible for appointment to the Commission.
            (1) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who has been a
                lobbyist registered under the Lobbying Disclosure Act
                of 1995 or engages in, or is otherwise employed in,
                lobbying of the Congress or who is an agent of a
                foreign principal registered under the Foreign Agents
                Registration Act within the 4-year period immediately
                preceding appointment shall be eligible for appointment
                to, or service on, the Commission.
                    (B) Incompatible office.--No member of the
                Commission appointed under subsection (b) may be an
                elected public official or an officer or employee of
                the Government.
            (2) Vacancies.--A vacancy on the Commission shall be filled
        in the manner in which the original appointment was made.
    (e) Compensation.--Members shall each be entitled to receive the
daily equivalent of the maximum annual rate of basic pay in effect for
Level III of the Executive Schedule for each day (including travel
time) during which they are engaged in the actual performance of duties
vested in the Commission.
    (f) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
    (g) Meetings.--The Commission shall meet at the call of the
chairman or a majority of its members.

SEC. 3. DUTIES OF COMMISSION.

    The Commission is authorized--
            (1) to investigate any alleged violation, by a Member,
        officer, or employee of the House of Representatives, of any
        law, rule, regulation, or other standard of conduct applicable
        to the conduct of such Member, officer, or employee in the
        performance of his duties or the discharge of his
        responsibilities, and after notice and hearing (unless the
        right to a hearing is waived by the Member, officer, or
        employee), shall report to the House of Representatives its
        findings of fact and recommendations, if any, upon the final
        disposition of any such investigation, and such action as the
        Commission may deem appropriate in the circumstances;
            (2) to issue any letter of reproval or admonishment with
        respect to such an alleged violation;
            (3) to report to the appropriate Federal or State
        authorities any substantial evidence of a violation, by a
        Member, officer, or employee of the House of Representatives,
        of any law applicable to the performance of his duties or the
        discharge of his responsibilities, which may have been
        disclosed in a Commission investigation; and
            (4) to adopt rules governing its procedures to provide
        protections to respondents comparable to those that were
        provided by clause 3 of rule XI of the Rules of the House of
        Representatives in effect immediately before the amendments to
        such rule made by section 8.

SEC. 4. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, the chairman or vice chairman, may, for the purpose of
carrying out this Act--
            (1) hold such hearings and sit and act at such times and
        places, take such testimony, receive such evidence, administer
        such oaths; and
            (2) subject to subsection (b), require, by subpoena or
        otherwise, the attendance and testimony of such witnesses and
        the production of such books, records, correspondence,
        memoranda, papers, and documents, as the Commission or the
        chairman or vice chairman may determine advisable.
    (b) Subpoenas.--
            (1) In general.--A subpoena may be issued only under the
        signature of the chairman or the vice chairman, and may be
        served by any person designated by the chairman or the vice
        chairman.
    (c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Government shall furnish
information deemed necessary by the panel to enable it to carry out its
duties.

SEC. 5. PROCEDURAL RULES.

    (a) Majority Approval.--No report or recommendation relating to the
official conduct of a Member, officer, or employee of the House of
Representatives shall be made by the Commission, and no investigation
of such conduct shall be undertaken by the Commission, unless approved
by the affirmative vote of a majority of the members of the Commission.
    (b) Investigations.--Except in the case of an investigation
undertaken by the Commission on its own initiative, the Commission may
undertake an investigation relating to the official conduct of an
individual Member, officer, or employee of the House of Representatives
only--
            (1) upon receipt of a complaint, in writing and under oath,
        made by or submitted to a Member of the House of
        Representatives and transmitted to the Commission by such
        Member, or
            (2) upon receipt of a complaint from the chairman of the
        Committee on Standards of Official Conduct of the House of
        Representatives, in writing and under oath, made by that
        committee.
    (c) Prohibition of Certain Investigations.--No investigation shall
be undertaken by the Commission of any alleged violation of a law,
rule, regulation, or standard of conduct not in effect at the time of
the alleged violation.
    (d) Disclosure.--No information or testimony received, or the
contents of a complaint or the fact of its filing, shall be publicly
disclosed by any member of the Commission or staff of the Commission
unless specifically authorized in each instance by a vote of the
Commission.

SEC. 6. STAFF OF COMMISSION.

    The Commission may appoint and fix the compensation of such staff
as the Commission considers necessary to perform its duties. The
director shall be appointed jointly by the Speaker and minority leader
and shall be paid at a rate not to exceed the rate of basic pay payable
for Level III of the Executive Schedule.

SEC. 7. ACTION ON COMMISSION RECOMMENDATIONS.

    (a) Printing of Reports in Congressional Record.--Upon receipt by
the Committee on Standards of Official Conduct of the House of
Representatives of any report of the Commission, the Speaker of the
House of Representatives shall have the report printed in the
Congressional Record.
    (b) House Consideration of Independent Ethics Commission
Recommendations.--Within 14 calendar days after a report referred to in
subsection (a) is printed in the Congressional Record, that portion of
the report recommending action by the House of Representatives
respecting any alleged violation, by a Member, officer, or employee of
the House of Representatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities shall be introduced (by request) in the House by the
Speaker of the House, for himself and the minority leader of the House
in the form of a resolution. This resolution shall constitute a
question of privilege under rule IX of the Rules of the House of
Representatives. Any Member favoring the resolution may call it up as a
question of privilege but only on the third day after the calendar date
upon which such Member announces to the House his intention to do so.

SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF
              THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of
the House of Representatives is amended as follows:
            (1) In paragraph (a), strike subparagraphs (1), (2), and
        (3), and redesignate subparagraphs (4), (5), and (6), as
        subparagraphs (1), (2), and (3), respectively.
            (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by
        striking ``a resolution, report, recommendation, or'' and
        inserting ``an'', and by striking ``, or, except as provided in
        subparagraph (2), undertake an investigation'', and by striking
        subdivision (B).
            (B) Paragraph (b) is further amended by striking
        subparagraphs (2), (3), (4), and (5) and by redesignating
        subparagraphs (6) and (7) as subparagraphs (2) and (3),
        respectively.
            (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and
        (q).
    (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).

SEC. 9. EFFECTIVE DATE.

    This Act shall take effect upon the date of its enactment, except
that sections 3, 4, and 8 shall not take effect until the later of 6
months after such date of enactment or immediately prior to noon
January 3, 2009.

Summary: House Ethics Commission Establishment Act of 2007 - Establishes an independent House Ethics Commission within the legislative branch. Amends Rule XI of the Rules of the House of Representatives to revise the duties of the Committee on Standards of Official Conduct to conform with this Act.

To establish the House Ethics Commission, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Over-Classification Act of
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A key conclusion in the Final Report of the National
        Commission on Terrorist Attacks Upon the United States
        (commonly known as the ``9/11 Commission'') was the need to
        prevent over-classification by the Federal Government.
            (2) The 9/11 Commission and others have observed that the
        over-classification of homeland security information interferes
        with accurate, actionable, and timely homeland security
        information sharing, increases the cost of information
        security, and needlessly limits public access to information.
            (3) The over-classification problem, which has worsened
        since the 9/11 attacks, causes considerable confusion about
        what information can be shared with whom both internally at the
        Department of Homeland Security and with its external partners.
        This problem negatively impacts the dissemination of homeland
        security information to the Department's State, local, tribal,
        and territorial homeland security and law enforcement partners,
        private sector customers, and the public.
            (4) Excessive government secrecy stands in the way of a
        safer and more secure homeland. This trend is antithetical to
        the creation and operation of the information sharing
        environment established under section 1016 of the Intelligence
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and
        must be halted and reversed.
            (5) To do so, the Department should start with the
        understanding that all departmental information that is not
        properly classified, or marked as controlled unclassified
        information and otherwise exempt from disclosure, should be
        made available to members of the public pursuant to section 552
        of title 5, United States Code (commonly referred to as the
        ``Freedom of Information Act'').
            (6) The Department should also develop and administer
        policies, procedures, and programs that promote compliance with
        applicable laws, executive orders, and other authorities
        pertaining to the proper use of classification markings and the
        United States National Archives and Records Administration
        policies implementing them.

SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF
              HOMELAND SECURITY.

    Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended by adding at the end the following new
section:

``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM.

    ``(a) In General.--The Secretary shall develop and administer
policies, procedures, and programs within the Department to prevent the
over-classification of homeland security information, terrorism
information, weapons of mass destruction information, and other
information within the scope of the information sharing environment
established under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) that must be disseminated to
prevent and to collectively respond to acts of terrorism. The Secretary
shall coordinate with the Archivist of the United States and consult
with representatives of State, local, tribal, and territorial
government and law enforcement, organizations with expertise in civil
rights, civil liberties, and government oversight, and the private
sector, as appropriate, to develop such policies, procedures, and
programs.
    ``(b) Requirements.--Not later than one year after the date of the
enactment of the Reducing Over-Classification Act of 2008, the
Secretary, in administering the policies, procedures, and programs
required under subsection (a), shall--
            ``(1) create, in consultation with the Archivist of the
        United States, standard classified and unclassified formats for
        finished intelligence products created by the Department,
        consistent with any government-wide standards, practices or
        procedures for similar products;
            ``(2) require that all finished intelligence products
        created by the Department be simultaneously prepared in the
        standard unclassified format, provided that such an
        unclassified product would reasonably be expected to be of any
        benefit to a State, local, tribal or territorial government,
        law enforcement agency or other emergency response provider, or
        the private sector, based on input provided by the Interagency
        Threat Assessment and Coordination Group Detail established
        under section 210D;
            ``(3) ensure that such policies, procedures, and programs
        protect the national security as well as the information
        privacy rights and legal rights of United States persons
        pursuant to all applicable law and policy, including the
        privacy guidelines for the information sharing environment
        established pursuant to section 1016 of the Intelligence Reform
        and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as
        appropriate;
            ``(4) establish an ongoing auditing mechanism administered
        by the Inspector General of the Department or other appropriate
        senior Department official that randomly selects, on a periodic
        basis, classified information from each component of the
        Department that generates finished intelligence products to--
                    ``(A) assess whether applicable classification
                policies, procedures, rules, and regulations have been
                followed;
                    ``(B) describe any problems with the administration
                of the applicable classification policies, procedures,
                rules, and regulations, including specific non-
                compliance issues;
                    ``(C) recommend improvements in awareness and
                training to address any problems identified in
                subparagraph (B); and
                    ``(D) report at least annually to the Committee on
                Homeland Security of the House of Representatives, the
                Committee on Homeland Security and Governmental Affairs
                of the Senate, and the public, in an appropriate
                format, on the findings of the Inspector General's
                audits under this section;
            ``(5) establish a process whereby employees may challenge
        original classification decisions made by Department employees
        or contractors and be rewarded with specific incentives for
        successful challenges resulting in the removal of
        classification markings or the downgrading of them;
            ``(6) inform employees and contractors that failure to
        comply with the policies, procedures, and programs established
        under this section could subject them to a series of penalties;
        and
            ``(7) institute a series of penalties for employees and
        contractors who repeatedly fail to comply with the policies,
        procedures, and programs established under this section after
        having received both notice of their noncompliance and
        appropriate training or re-training to address such
        noncompliance.
    ``(c) Finished Intelligence Product Defined.--The term `finished
intelligence product' means a document in which an intelligence analyst
has evaluated, interpreted, integrated, or placed into context raw
intelligence or information.''.

SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE
              DEPARTMENT OF HOMELAND SECURITY.

    Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is further amended by adding at the end the
following new section:

``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION PROGRAMS.

    ``(a) Personal Identifiers.--The Secretary shall--
            ``(1) assess the technologies available or in use at the
        Department by which an electronic personal identification
        number or other electronic identifying marker can be assigned
        to each Department employee and contractor with original
        classification authority in order to--
                    ``(A) track which documents have been classified by
                a particular employee or contractor;
                    ``(B) determine the circumstances when such
                documents have been shared;
                    ``(C) identify and address over-classification
                problems, including the misapplication of
                classification markings to documents that do not merit
                such markings; and
                    ``(D) assess the information sharing impact of any
                such problems or misuse;
            ``(2) develop an implementation plan for a Department
        standard for such technology with appropriate benchmarks, a
        timetable for its completion, and cost estimate for the
        creation and implementation of a system of electronic personal
        identification numbers or other electronic identifying markers
        for all relevant Department employees and contractors; and
            ``(3) upon completion of the implementation plan described
        in paragraph (2), or not later than 180 days after the date of
        the enactment of the Reducing Over-Classification Act of 2008,
        whichever is earlier, the Secretary shall provide a copy of the
        plan to the Committee on Homeland Security of the House of
        Representatives and the Committee on Homeland Security and
        Governmental Affairs of the Senate.
    ``(b) Training.--The Secretary, in coordination with the Archivist
of the United States, shall--
            ``(1) require annual training for each Department employee
        and contractor with classification authority or those
        responsible for analysis, dissemination, preparation,
        production, receiving, publishing, or otherwise communicating
        written classified information, including training to--
                    ``(A) educate each employee and contractor about--
                            ``(i) the Department's requirement that all
                        classified finished intelligence products that
                        they create be simultaneously prepared in
                        unclassified form in a standard format
                        prescribed by the Department, provided that the
                        unclassified product would reasonably be
                        expected to be of any benefit to a State,
                        local, tribal, or territorial government, law
                        enforcement agency, or other emergency response
                        provider, or the private sector, based on input
                        provided by the Interagency Threat Assessment
                        and Coordination Group Detail established under
                        section 210D;
                            ``(ii) the proper use of classification
                        markings, including portion markings; and
                            ``(iii) the consequences of over-
                        classification and other improper uses of
                        classification markings, including the
                        misapplication of classification markings to
                        documents that do not merit such markings, and
                        of failing to comply with the Department's
                        policies and procedures established under or
                        pursuant to this section, including the
                        negative consequences for the individual's
                        personnel evaluation, homeland security,
                        information sharing, and the overall success of
                        the Department's missions;
                    ``(B) serve as a prerequisite, once completed
                successfully, as evidenced by an appropriate
                certificate, for--
                            ``(i) obtaining classification authority;
                        and
                            ``(ii) renewing such authority annually;
                        and
                    ``(C) count as a positive factor, once completed
                successfully, in the Department's employment,
                evaluation, and promotion decisions; and
            ``(2) ensure that such program is conducted efficiently, in
        conjunction with any other security, intelligence, or other
        training programs required by the Department to reduce the
        costs and administrative burdens associated with the additional
        training required by this section.
    ``(c) Detailee Program.--The Secretary shall--
            ``(1) implement a Departmental detailee program to detail
        Departmental personnel to the National Archives and Records
        Administration for one year, for the purpose of--
                    ``(A) training and educational benefit for the
                Department personnel assigned so that they may better
                understand the policies, procedures and laws governing
                original classification authorities;
                    ``(B) bolstering the ability of the National
                Archives and Records Administration to conduct its
                oversight authorities over the Department and other
                Departments and agencies; and
                    ``(C) ensuring that the policies and procedures
                established by the Secretary remain consistent with
                those established by the Archivist of the United
                States;
            ``(2) ensure that the program established under paragraph
        (1) includes at least one individual for each Department office
        with delegated original classification authority; and
            ``(3) in coordination with the Archivist of the United
        States, report to Congress not later than 90 days after the
        conclusion of the first year of the program established under
        paragraph (1), on--
                    ``(A) the advisability of expanding the program on
                a government-wide basis, whereby other departments and
                agencies would send detailees to the National Archives
                and Records Administration; and
                    ``(B) the administrative and monetary costs of full
                compliance with this section.
    ``(d) Sunset of Detailee Program.--Except as otherwise provided by
law, subsection (c) shall cease to have effect on December 31, 2012.
    ``(e) Finished Intelligence Product Defined.--The term `finished
intelligence product' has the meaning given the term in section
210F(c).''.

SEC. 5. TECHNICAL AMENDMENT.

    The table of contents in section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating
to section 210E the following new items:

``Sec. 210F. Over-classification prevention program.
``Sec. 210G. Enforcement of over-classification prevention programs.''.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Reducing Over-Classification Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism. Requires the Secretary to coordinate with the Archivist of the United States and consult with representatives of state, local, tribal, and territorial government and law enforcement, organizations with expertise in civil rights, civil liberties, and government oversight, and the private sector to develop such policies. Directs the Secretary to: (1) create standard classified and unclassified formats for finished DHS intelligence products. (2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of benefit to a state, local, tribal or territorial government, law enforcement agency or other emergency response provider, or the private sector, based on input provided by the Interagency Threat Assessment and Coordination Group Detail. (3) ensure that such policies protect the national security as well as the information privacy and legal rights of US persons. (4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified. (5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings. (6) inform employees and contractors that failure to comply could subject them to a series of penalties. And (7) institute such penalties. Requires the Secretary to: (1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse. (2) develop an implementation plan for a DHS standard for such technology. And (3) provide a copy of the implementation plan to the House and Senate homeland security committees. Directs the Secretary, in coordination with the Archivist, to: (1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information. And (2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required. Requires the Secretary to: (1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist. (2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority. And (3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012.

To require the Secretary of Homeland Security to develop a strategy to prevent the over-classification of homeland security and other information and to promote the sharing of unclassified homeland security and other information, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Animal Agriculture Environmental
Incentives Act of 1998''.

SEC. 2. ALLOWANCE OF CREDIT FOR NUTRIENT MANAGEMENT COSTS OF ANIMAL
              FEEDING OPERATIONS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:

``SEC. 45D. ANIMAL FEEDING OPERATION EQUIPMENT CREDIT.

    ``(a) In General.--For purposes of section 38, the animal feeding
operation equipment credit determined under this section for the
taxable year is an amount equal to 25 percent of the eligible nutrient
management costs of a taxpayer for the taxable year.
    ``(b) Eligible Nutrient Management Costs.--For purposes of this
section--
            ``(1) In general.--The term `eligible nutrient management
        costs' means amounts paid or incurred by a taxpayer to purchase
        a calibrated manure spreader or eligible processing equipment
        for use at an animal feeding operation owned by the taxpayer.
            ``(2) Calibrated manure spreader.--The term `calibrated
        manure spreader' means equipment (including any associated
        geostationary positioning satellite equipment) which is used by
        the taxpayer exclusively for the precision application of
        manure to land in accordance with a comprehensive nutrient
        management plan.
            ``(3) Eligible processing equipment.--
                    ``(A) In general.--The term `eligible processing
                equipment' means equipment or structures used by the
                taxpayer exclusively for processing manure.
                    ``(B) Exclusion.--The term `eligible processing
                equipment' does not include equipment used exclusively
                for the simple containment or transportation of manure.
    ``(c) Other Definitions.--For purposes of this section--
            ``(1) Animal feeding operation.--The term `animal feeding
        operation' means a facility for the milking of dairy cows or
        the raising of livestock or poultry (including egg production)
        for commercial sale.
            ``(2) Application.--The term `application' means laying,
        spreading on, irrigating, injecting, or otherwise placing
        manure on land by any means.
            ``(3) Comprehensive nutrient management plan.--The term
        `comprehensive nutrient management plan' means a written plan
        prepared in accordance with applicable Federal and State laws
        and regulations.
            ``(4) Manure.--The term `manure' means--
                    ``(A) the excreta of an animal or other organic
                byproduct of an animal feeding operation, including
                litter, bedding, dead animals, composted animal
                carcasses, milk house waste, or other residual organic
                matter, and
                    ``(B) water or any other material mixed with such
                excreta or byproduct for purposes of collection,
                handling, containment, or processing of such excreta or
                byproduct.
            ``(5) Precision application.--The term `precision
        application' means the controlled application of manure to land
        in a manner which distributes a specified amount of manure, as
        determined by the nitrogen or phosphorous content of the
        manure, across a specified area of land.
            ``(6) Processing.--The term `processing' means any
        mechanical, physical, or chemical treatment which--
                    ``(A) alters the concentration of nitrogen,
                phosphorous, water, or other constituents in manure to
                facilitate--
                            ``(i) manure application on land covered by
                        the requirements of a comprehensive nutrient
                        management plan, or
                            ``(ii) use of manure or processed manure
                        for commercial purposes other than land
                        application on land owned or controlled by the
                        taxpayer,
                    ``(B) enhances the value of manure as a plant
                fertilizer or soil amendment, or
                    ``(C) utilizes manure as an energy source.
    ``(d) Special Rules.--
            ``(1) Reduction in basis.--For purposes of this subtitle,
        if a credit is determined under this section with respect to
        any property, the basis of such property shall be reduced by
        the amount of the credit so determined.
            ``(2) Pass-thru in the case of estates and trusts.--For
        purposes of this section, under regulations prescribed by the
        Secretary, rules similar to the rules of subsection (d) of
        section 52 shall apply.
            ``(3) Allocation in the case of partnerships.--For purposes
        of this section, in the case of partnerships, the credit shall
        be allocated among partners under regulations prescribed by the
        Secretary.''
    (b) Conforming Amendments.--
            (1) Section 38(b) of the Internal Revenue Code of 1986 is
        amended--
                    (A) by striking ``plus'' at the end of paragraph
                (11),
                    (B) by striking the period at the end of paragraph
                (12), and inserting ``, plus'', and
                    (C) by adding at the end the following new
                paragraph:
            ``(13) the animal feeding operation equipment credit
        determined under section 45D.''
            (2) The table of sections for subpart D of part IV of
        subchapter A of chapter 1 is amended by adding at the end the
        following new item:

                              ``Sec. 45D. Animal feeding operation
                                        equipment credit.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.

Summary: Animal Agriculture Environmental Incentives Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the nutrient management costs of animal feeding operations.


SECTION 1. ESTATE AND GIFT TAX RATES REDUCED TO 30 PERCENT.

    (a) Estate Tax.--
            (1) In general.--Section 2001 of the Internal Revenue Code
        of 1986 (relating to estate tax) is amended by striking
        subsections (b) and (c) and by inserting after subsection (a)
        the following new subsection:
    ``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
            ``(1) 30 percent of the sum of--
                    ``(A) the amount of the taxable estate, and
                    ``(B) the amount of the adjusted taxable gifts,
                over
            ``(2) the aggregate amount of tax paid under chapter 12
        with respect to gifts made by the decedent after December 31,
        1976.
For purposes of paragraph (1)(B), the term `adjusted taxable gifts'
means the total amount of the taxable gifts (within the meaning of
section 2503) made by the decedent after December 31, 1976, other than
gifts which are includible in the gross estate of the decedent.''.
            (2) Conforming amendments.--
                    (A) Section 2010(c) of such Code is amended by
                striking ``tentative'' both places it appears and
                inserting ``tax''.
                    (B) Subsection (b) of section 2101 of such Code is
                amended to read as follows:
    ``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
            ``(1) 30 percent of the sum of--
                    ``(A) the amount of the taxable estate, and
                    ``(B) the amount of the adjusted taxable gifts,
                over
            ``(2) the aggregate amount of tax paid under chapter 12
        with respect to gifts made by the decedent after December 31,
        1976.''.
                    (C) Subsection (b) of section 2102 of such Code is
                amended--
                            (i) by striking ``$13,000'' each place it
                        appears and inserting ``$20,000'', and
                            (ii) by striking ``$46,800'' and inserting
                        ``$52,500''.
                    (D) Section 2201 is amended--
                            (i) in subsection (a) by striking ``the
                        rate schedule set forth in subsection (c) shall
                        be deemed to be the rate schedule set forth in
                        section 2001(c)'' and inserting ``the tax
                        determined under subsection (c) shall be deemed
                        to be the tax determined under section
                        2001(b)'', and
                            (ii) in subsection (c) by striking
                        ``tentative'' each place it appears.
    (b) Gift Tax.--
            (1) In general.--Section 2502 of such Code is amended to
        read as follows:

``SEC. 2502. RATE OF TAX.

    ``(a) General Rule.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to 30 percent of the sum of the
taxable gifts for such calendar year.
    ``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501
shall be paid by the donor.''.
            (2) Conforming amendments.--
                    (A) Subchapter A of chapter 12 of such Code is
                amended by striking section 2504.
                    (B) The table of sections for such subchapter is
                amended by striking the item relating to section 2504.
    (c) Estate Tax Retained.--
            (1) In general.--Section 901 of the Economic Growth and Tax
        Relief Reconciliation Act of 2001 shall not apply to title V of
        such Act.
            (2) Retention.--Subtitles A and E of title V of the
        Economic Growth and Tax Relief Reconciliation Act of 2001, and
        the amendments made by such subtitles, are hereby repealed; and
        the Internal Revenue Code of 1986 shall be applied as if such
        subtitles, and amendments, had never been enacted.
            (3) Conforming amendments.--Subsections (d), (e), and
        (f)(3) of section 511 of the Economic Growth and Tax Relief
        Reconciliation Act of 2001, and the amendments made by such
        subsections, are hereby repealed; and the Internal Revenue Code
        of 1986 shall be applied as if such subsections, and
        amendments, had never been enacted.
    (d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.

SEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $10,000,000
              EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT.

    (a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount) is amended
to read as follows:
    ``(c) Applicable Credit Amount.--For purposes of this section, the
applicable credit amount is the amount of the tax which would be
determined under section 2001(b) if the amount with respect to which
such tax is to be computed were the applicable exclusion amount. For
purposes of the preceding sentence, the applicable exclusion amount is
$10,000,000.''.
    (b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
    ``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2005, the $10,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
            ``(1) $10,000,000, multiplied by
            ``(2) the cost-of-living adjustment determined under
        section 1(f)(3) for such calendar year by substituting
        `calendar year 2004' for `calendar year 1992' in subparagraph
        (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.

SEC. 3. ANNUAL GIFT TAX EXCLUSION INCREASED TO $50,000.

    (a) In General.--Subsection (b) of section 2503 of the Internal
Revenue Code of 1986 (relating to exclusion from gifts) is amended by
striking ``$10,000'' each place it appears and inserting ``$50,000''.
    (b) Resetting of Inflation Adjustment.--Paragraph (2) of section
2503(b) of such Code is amended--
            (1) by striking ``1998'' and inserting ``2005'', and
            (2) by striking ``1997'' and inserting ``2004''.
    (c) Effective Date.--The amendments made by this section shall
apply to gifts made after December 31, 2004.

Summary: Amends the Internal Revenue Code to: (1) reduce the top marginal tax rate for estates and gifts to 30 percent. (2) increase the estate tax exclusion amount to $10 million, with an annual adjustment for inflation. And (3) increase the annual gift tax exclusion from $10,000 to $50,000.

To amend the Internal Revenue Code of 1986 to permanently reduce estate and gift tax rates to 30 percent, to increase the exclusion equivalent of the unified credit to $10,000,000, and to increase the annual gift tax exclusion to $50,000.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Zoning Decisions Protection
Act of 2017''.

SEC. 2. NULLIFICATION OF RULES AND NOTICES.

    (a) Final Rule.--The final rule of the Department of Housing and
Urban Development entitled ``Affirmatively Furthering Fair Housing'',
published in the Federal Register on July 16, 2015 (80 Fed. Reg. 42272;
Docket No. FR-5173-F-04), and any successor rule that is substantially
similar to such final rule shall have no force or effect.
    (b) Notice.--The notice of the Department of Housing and Urban
Development relating to the Affirmatively Furthering Fair Housing
Assessment Tool, published in the Federal Register on December 31, 2015
(80 Fed. Reg. 81840; Docket No. FR-5173-N-07), and any successor notice
or rule substantially similar to such notice shall have no force or
effect.

SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS.

    Notwithstanding any other provision of law, no Federal funds may be
used to design, build, maintain, utilize, or provide access to a
Federal database of geospatial information on community racial
disparities or disparities in access to affordable housing.

SEC. 4. FEDERALISM CONSULTATION AND REPORT.

    (a) In General.--The Secretary of Housing and Urban Development
shall jointly consult with State officials, local government officials,
and officials of public housing agencies to develop recommendations,
consistent with applicable rulings of the Supreme Court of the United
States, to further the purposes and policies of the Fair Housing Act.
    (b) Consultation Requirements.--In developing the recommendations
required under subsection (a), the Secretary shall--
            (1) provide State officials, local government officials,
        and officials of public housing agencies with notice and an
        opportunity to participate in the consultation process required
        under subsection (a);
            (2) seek to consult with State officials, local government
        officials, and officials of public housing agencies that
        represent a broad cross-section of regional, economic, and
        geographic perspectives in the United States;
            (3) emphasize the importance of collaboration with and
        among the State officials, local government officials, and
        officials of public housing agencies;
            (4) allow for meaningful and timely input by State
        officials, local government officials, and officials of public
        housing agencies;
            (5) promote transparency in the consultation process
        required under subsection (a); and
            (6) explore with State officials, local government
        officials, and officials of public housing agencies whether
        Federal objectives under the Fair Housing Act can be attained
        by means other than through new regulations.
    (c) Reports.--
            (1) In general.--Not later than 12 months after the date of
        the enactment of this Act, the Secretary shall publish in the
        Federal Register a draft report describing the recommendations
        developed pursuant to subsection (a).
            (2) Consensus requirement.--The Secretary may include a
        recommendation in the draft report only if consensus has been
        reached with regard to the recommendation among the Secretary,
        the State officials, local government officials, and officials
        of public housing agencies consulted pursuant to subsection
        (a).
            (3) Failure to reach consensus.--If the Secretary, State
        officials, local government officials, and officials of public
        housing agencies consulted under subsection (a) fail to reach
        consensus on a regulatory proposal, the draft report shall
        identify that consensus was not reached and shall describe--
                    (A) the areas and issues with regard to which
                consensus was reached;
                    (B) the areas and issues of continuing disagreement
                that resulted in the failure to reach consensus; and
                    (C) the reasons for the continuing disagreements.
            (4) Public review and comment period.--The Secretary shall
        make the draft report available for public review and comment
        for a period of not fewer than 180 days.
            (5) Final report.--The Secretary shall, in consultation
        with the State officials, local government officials, and
        officials of public housing agencies, address any comments
        received pursuant to paragraph (4) and shall prepare a final
        report describing the final results of the consultation process
        under subsection (a).
    (d) Submission of Final Report.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall make publicly
available online the final report prepared pursuant to subsection
(c)(5).
    (e) Definitions.--In this Act, the following definitions apply:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
            (2) Local government official.--The term ``local government
        official'' means an elected or professional official of a local
        government or an official of a regional or national
        organization representing local governments or officials.
            (3) State official.--The term ``State official'' means an
        elected or professional official of a State government or an
        official of a regional or national organization representing
        State governments or officials.
            (4) Public housing agency.--The term ``public housing
        agency'' has the meaning given such term in section 3(b) of the
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

Summary: Local Zoning Decisions Protection Act of 2017 This bill nullifies: the final Department of Housing and Urban Development (HUD) rule entitled quot, Affirmatively Furthering Fair Housingquot. And any successor rule substantially similar to it, and the notice relating to the Affirmatively Furthering Fair Housing Assessment Tool and any successor notice or rule substantially similar to it. No federal funds may be used to design, build, maintain, utilize, or provide access to a federal database of geospatial information on community racial disparities or disparities in access to affordable housing. HUD is required to: (1) consult with state, local government, and public housing agency officials to develop recommendations, consistent with applicable rulings of the US Supreme Court, to further the Fair Housing Act's purposes and policies. And (2) make a final report publicly available online within 12 months after enactment of this bill.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fix United States Government
Contracting Deficit with China Act''.

SEC. 2. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) The purchase of government goods and services is an
        important means through which the government fulfills its
        constitutional duties to provide for the common defense and
        promote the general welfare of the United States.
            (2) American taxpayers expect that government procurement
        serves the interests of all Americans.
            (3) The United States and several of its trading partners
        are signatories to the WTO Agreement on Government Procurement,
        which holds that signatories agree to certain restraints with
        regard to government procurement.
            (4) However, the People's Republic of China is not a
        signatory to the Agreement on Government Procurement, and that,
        accordingly, it is not a violation of that agreement for the
        Congress to establish procurement policies as best suit the
        American public interest with regard to Chinese goods.
            (5) China has structured its government procurement law to
        favor its domestic goods, as noted in article 10 of such law.
            (6) China has also recently announced a plan to favor so-
        called ``indigenous innovation'' under which the Chinese
        Government would expressly favor locally developed products and
        technologies.
            (7) American companies have had little or no success in
        accessing Chinese Government procurement contracts, while
        Chinese companies have had great success in selling goods for
        United States Government projects.
    (b) Statement of Policy.--Accordingly, it shall be the policy of
the United States to limit the total value of Chinese goods that may be
procured by the United States Government during a calendar year to not
more than the total value of United States goods procured by the
Chinese Government if any during the preceding calendar year.

SEC. 3. CERTIFICATION; PROHIBITION AND LIMITATION ON UNITED STATES
              PROCUREMENT OF CHINESE GOODS.

    (a) Certification.--Not later than March 1 of each year beginning
in 2012, the Secretary of Commerce shall submit to Congress a
certification in writing that contains the following:
            (1) A determination of whether or not the Chinese
        Government has prohibited the procurement of United States
        goods by the Chinese Government during the preceding calendar
        year.
            (2) If the Chinese Government has not prohibited the
        procurement of United States goods by the Chinese Government
        during the preceding calendar year, an identification of the
        total value of United States goods procured by the Chinese
        Government during the preceding calendar year, as determined by
        the International Trade Administration under section 4.
    (b) Prohibition.--If the Secretary determines and certifies to
Congress under subsection (a)(1) that the Chinese Government has
prohibited the procurement of United States goods by the Chinese
Government during the preceding calendar year, then--
            (1) the head of each executive agency may not award a
        contract for the procurement of Chinese goods during the
        succeeding calendar year; and
            (2) the Secretary of Transportation shall prohibit a State
        or other entity from using funds made available from the
        Highway Trust Fund or the Airport and Airway Trust Fund for the
        award of a contract for the procurement of Chinese goods during
        the succeeding calendar year.
    (c) Limitation.--
            (1) In general.--If the Secretary determines and certifies
        to Congress under subsection (a)(1) that the Chinese Government
        has not prohibited the procurement of United States goods by
        the Chinese Government during the preceding calendar year, then
        the total value of Chinese goods that may be procured by the
        United States Government during the succeeding calendar year
        may not exceed the total value of United States goods procured
        by the Chinese Government during the preceding calendar year,
        as identified under subsection (a)(2).
            (2) Rule of construction.--For purposes of determining the
        total value of Chinese goods that may be procured by the United
        States Government during a calendar year under paragraph (1),
        the total value of Chinese goods procured by a State or other
        entity using funds made available from the Highway Trust Fund
        or the Airport and Airway Trust Fund during the preceding
        calendar year shall be deemed to be Chinese goods procured by
        the United States Government.

SEC. 4. ITA PROGRAM AND NOTIFICATION.

    (a) Program.--The International Trade Administration shall
establish a program--
            (1) to identify the total value of United States goods
        procured by the Chinese Government on an annual basis, as
        required under section 3(a)(2), including an accounting of the
        value of such procurement; and
            (2) to provide notification in accordance with subsection
        (b).
    (b) Notification.--The International Trade Administration shall
publish notice in the Federal Register on or as soon as practicable
after the date on which the total value of Chinese goods procured by
the United States Government equals 50 percent, 75 percent, and 100
percent of the total value of United States goods procured by the
Chinese Government during the preceding calendar year for purposes of
complying with the limitation under section 3(c).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Chinese good.--The term ``Chinese good'' means a good
        that is the growth, product, or manufacture of the People's
        Republic of China. A good shall be determined to be the
        manufacture of the People's Republic of China for purposes of
        this paragraph if the sum of--
                    (A) the cost or value of the materials produced in
                China, plus
                    (B) the direct costs of processing operations
                performed in China,
        is not less than 50 percent of the appraised value of such good
        at the time it is entered.
            (2) Chinese government.--The term ``Chinese Government''
        means the central government of the People's Republic of China
        and any other governmental entity, including--
                    (A) any agency or instrumentality of the Chinese
                Government;
                    (B) any entity that is owned or controlled,
                directly or indirectly, by the Chinese Government; and
                    (C) any Chinese provincial or local governmental
                entity.
            (3) Executive agency.--The term ``executive agency'' has
        the meaning given the term in section 4 of the Office of
        Federal Procurement Policy Act (41 U.S.C. 403).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (5) United states good.--The term ``United States good''
        means a good that is the growth, product, or manufacture of the
        United States. A good shall be determined to be the manufacture
        of the United States for purposes of this paragraph if the sum
        of--
                    (A) the cost or value of the materials produced in
                the United States, plus
                    (B) the direct costs of processing operations
                performed in the United States,
        is not less than 50 percent of the appraised value of such good
        at the time it is entered.

Summary: Fix United States Government Contracting Deficit with China Act - Directs the Secretary of Commerce to certify annually to Congress: (1) a determination of whether the Chinese government has prohibited its procurement of US goods during the preceding calendar year. And (2) the total value of US goods procured by the Chinesse government during that year, if the Chinese government has not prohibited such procurement. Prohibits the head of each executive agency from awarding a contract for the procurement of Chinese goods during the succeeding calendar year if the Chinese government has prohibited procurement of US goods during the preceding calendar year. Directs the Secretary of Transportation (DOT), in such an instance, to prohibit a state or other entity from using funds made available to it from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year. Limits the total value of Chinese goods that may be procured by the US government during the succeeding calendar year to the total value of US goods procured by the Chinese Government during the preceding calendar year, if in fact the Chinese government has not prohibited its procurement of US goods during that preceding calendar year. Directs the International Trade Administration to establish a program to: (1) identify annually the total value of US goods procured by the Chinese government. And (2) provide notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the US government equals 50, 75, and 100 of the total value of US goods procured by the Chinese government during the preceding calendar year, for purposes of compliance with the limitation required by this Act.

To limit the total value of Chinese goods that may be procured by the United States Government during a calendar year to not more than the total value of United States goods procured by the Chinese Government if any during the preceding calendar year, and for other purposes.