SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Trust Asset and Trust Fund
Management and Reform Act of 2002''.

SEC. 2. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.

    (a) Definitions.--Section 2 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001) is amended--
            (1) in paragraph (1), by striking ``(1) The term'' and
        inserting the following:
            ``(8) Special trustee.--The term'';
            (2) in paragraph (2), by striking ``(2) The term'' and
        inserting the following:
            ``(4) Indian tribe.--The term'';
            (3) in paragraph (3), by striking ``(3) The term'' and
        inserting the following:
            ``(7) Secretary.--The term'';
            (4) in paragraph (4), by striking ``(4) The term'' and
        inserting the following:
            ``(5) Office.--The term'';
            (5) in paragraph (5), by striking ``(5) The term'' and
        inserting the following:
            ``(1) Bureau.--The term'';
            (6) in paragraph (6), by striking ``(6) The term'' and
        inserting the following:
            ``(2) Department.--The term'';
            (7) by adding at the end the following:
            ``(3) Deputy secretary.--The term `Deputy Secretary' means
        the Deputy Secretary for Trust Management and Reform appointed
        under section 307(a)(2).
            ``(6) Reform office.--The term `Reform Office' means the
        Office of Trust Reform Implementation and Oversight established
        by section 307(e).'';
            (8) by moving paragraphs (1) through (8) (as redesignated
        by this subsection) so as to appear in numerical order; and
            (9) by adding at the end the following:
            ``(9) Trust assets.--The term `trust assets' means all
        tangible property including land, minerals, coal, oil and gas,
        forest resources, agricultural resources, water and water
        sources, and fish and wildlife held by the Secretary for the
        benefit of an Indian tribe or an individual member of an Indian
        tribe pursuant to Federal law.
            ``(10) Trust funds.--The term `trust funds' means all funds
        held by the Secretary for the benefit of an Indian tribe or and
        individual member of an Indian tribe pursuant to Federal
        law.''.
    (b) Deputy Secretary for Trust Management and Reform.--Title III of
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4041 et seq.) is amended by adding at the end the following:

``SEC. 307. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the
        Department the position of Deputy Secretary for Trust
        Management and Reform.
            ``(2) Appointment and removal.--
                    ``(A) Appointment.--The Deputy Secretary shall be
                appointed by the President, by and with the advice and
                consent of the Senate.
                    ``(B) Term.--The Deputy Secretary shall be
                appointed for a term of 6 years.
                    ``(C) Removal.--The Deputy Secretary may be removed
                only for good cause.
            ``(3) Administrative authority.--The Deputy Secretary shall
        report directly to the Secretary.
            ``(4) Compensation.--The Deputy Secretary shall be paid at
        a rate determined by the Secretary to be appropriate for the
        position, but not less than the rate of basic pay prescribed
        for Level II of the Executive Schedule under section 5313 of
        title 5, United States Code.
    ``(b) Duties.--The Deputy Secretary shall--
            ``(1) oversee all trust fund and trust asset matters of the
        Department, including--
                    ``(A) administration and management of the Reform
                Office; and
                    ``(B) financial and human resource matters of the
                Reform Office; and
            ``(2) engage in appropriate government-to-government
        relations and consultations with Indian tribes and individual
        trust asset and trust fund account holders on matters involving
        trust asset and trust fund management and reform within the
        Department.
    ``(c) Staff.--In carrying out this section, the Deputy Secretary
may hire such staff having expertise in trust asset and trust fund
management, financial organization and management, and tribal policy as
the Deputy Secretary determines is necessary to carry out this section.
    ``(d) Effect on Duties of Other Officials.--
            ``(1) In general.--Except as provided in paragraph (2),
        nothing in this section shall be construed to diminish any
        responsibility or duty of the Assistant Secretary of the
        Interior for Indian Affairs or the Special Trustee relating to
        any duty of the Assistant Secretary or Special Trustee
        established under this Act or any other provision of law.
            ``(2) Trust asset and trust fund management and reform.--
        Notwithstanding any other provision of law, the Deputy
        Secretary shall have overall management and oversight authority
        on matters of the Department relating to trust asset and trust
        fund management and reform.
    ``(e) Office of Trust Reform Implementation and Oversight.--
            ``(1) Establishment.--There is established within the
        Office of the Secretary the Office of Trust Reform
        Implementation and Oversight.
            ``(2) Reform office head.--The Reform Office shall be
        headed by the Deputy Secretary.
            ``(3) Duties.--The Reform Office shall--
                    ``(A) supervise and direct the day-to-day
                activities of the Assistant Secretary of the Interior
                for Indian Affairs, the Special Trustee, the Director
                of the Bureau of Land Management, and the Director of
                the Minerals Management Service, to the extent they
                administer or manage any Indian trust assets or funds;
                    ``(B) administer, in accordance with title II, all
                trust properties, funds, and other assets held by the
                United States for the benefit of Indian tribes and
                individual members of Indian tribes;
                    ``(C) require the development and maintenance of an
                accurate inventory of all trust funds and trust assets;
                    ``(D) ensure the prompt posting of revenue derived
                from a trust fund or trust asset for the benefit of
                each Indian tribe (or individual member of each Indian
                tribe) that owns a beneficial interest in the trust
                fund or trust asset;
                    ``(E) ensure that monthly statements of accounts
                are provided to all trust fund account holders;
                    ``(F) ensure that all trust fund accounts are
                audited at least annually, and more frequently as
                determined to be necessary by the Deputy Secretary;
                    ``(G) ensure that the Assistant Secretary of the
                Interior for Indian Affairs, the Special Trustee, the
                Director of the Bureau of Land Management, and the
                Director of the Minerals Management Service provide to
                the Secretary current and accurate information relating
                to the administration and management of trust funds and
                trust assets;
                    ``(H) provide for regular consultation with trust
                fund account holders on the administration of trust
                funds and trust assets to ensure, to the maximum extent
                practicable in accordance with applicable law, the
                greatest return on those funds and assets for the trust
                fund account holders; and
                    ``(I) enter into contracts and compacts under
                section 102 of the Indian Self-Determination Act (25
                U.S.C. 450f) or section 403 of the Indian Self
                Determination and Education Assistance Act (25 U.S.C.
                458cc) to provide for the management of trust assets
                and trust funds by Indian tribes pursuant to a Trust
                Fund and Trust Asset Management and Monitoring Plan
                developed under section 202 of this Act.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
    (c) Advisory Board.--
            (1) In general.--Section 306 of the American Indian Trust
        Fund Management Reform Act of 1994 (25 U.S.C. 4046) is amended
        to read as follows:

``SEC. 306. ADVISORY BOARD.

    ``(a) Establishment and Membership.--Notwithstanding any other
provision of law, the Deputy Secretary described in section 307 shall
establish an advisory board to provide advice on all matters within the
jurisdiction of the Office of Trust Reform. The advisory board shall
consist of 9 members, appointed by the Deputy Secretary after
consultation with Indian tribes and appropriate Indian organizations,
of which--
            ``(1) 5 members shall represent trust fund account holders,
        including both tribal and Individual Indian Money accounts;
            ``(2) 2 members shall have practical experience in trust
        fund and financial management;
            ``(3) 1 member shall have practical experience in fiduciary
        investment management; and
            ``(4) 1 member, from academia, shall have knowledge of
        general management of large organizations.
    ``(b) Term.--Each member shall serve a term of 2 years.
    ``(c) FACA.--The advisory board shall not be subject to the Federal
Advisory Committee Act.''.
            (2) Previous advisory board.--The advisory board authorized
        under section 306 of the American Indian Trust Fund Management
        Reform Act of 1994 (25 U.S.C. 4046) as in effect on the day
        before the date of enactment of this Act shall terminate on the
        date of enactment of this Act.
    (d) Conforming Amendments.--
            (1) Section 302 of the American Indian Trust Fund
        Management Reform Act of 1994 (25 U.S.C. 4042) is amended--
                    (A) in the second sentence of subsection (a), by
                striking ``who shall'' and inserting ``who, except as
                provided in subsection (b)(3), shall''; and
                    (B) in subsection (b), by adding at the end the
                following:
            ``(3) Trust fund management.--The Special Trustee shall
        report directly to the Deputy Secretary with respect to matters
        relating to trust fund management and reform.''.
            (2) Section 303 of the American Indian Trust Fund
        Management Reform Act of 1994 (25 U.S.C. 4043) is amended--
                    (A) by striking subsection (a);
                    (B) in subsection (b)(1), by striking ``The Special
                Trustee'' and inserting ``Except as provided in section
                307(d), the Special Trustee'';
                    (C) in subsection (c)(5)(A), by striking ``or which
                is charged with any responsibility under the
                comprehensive strategic plan prepared under subsection
                (a) of this section,'';
                    (D) by striking subsection (f); and
                    (E) by redesignating subsections (b) through (e) as
                subsections (a) through (d), respectively.

SEC. 3. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.

    Title II of the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4021 et seq.) is amended--
            (1) by striking sections 202 and 203; and
            (2) by inserting after section 201 the following:

``SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST ASSET MANAGEMENT
              ACTIVITIES BY INDIAN TRIBES.

    ``(a) Planning Program.--To meet the purposes of this title, a 10-
year Indian Trust Fund and Trust Asset Management and Monitoring Plan
(in this section referred to as the `Plan') shall be developed and
implemented as follows:
            ``(1) Pursuant to a self-determination contract or compact
        under section 102 of the Indian Self-Determination Act (25
        U.S.C. 450f) or section 403 of the Indian Self Determination
        and Education Assistance Act (25 U.S.C. 458cc), an Indian tribe
        may develop or implement a Plan. Subject to the provisions of
        paragraphs (3) and (4), the tribe shall have broad discretion
        in designing and carrying out the planning process.
            ``(2) To include in a Plan particular trust funds or assets
        held by multiple individuals, an Indian tribe shall obtain the
        approval of a majority of the individuals who hold an interest
        in any such trust funds or assets.
            ``(3) The Plan shall be submitted to the Secretary for
        approval pursuant to the Indian Self-Determination Act (25
        U.S.C. 450f et seq.).
            ``(4) If a tribe chooses not to develop or implement a
        Plan, the Secretary shall develop or implement, as appropriate,
        a Plan in close consultation with the affected tribe.
            ``(5) Whether developed directly by the tribe or by the
        Secretary, the Plan shall--
                    ``(A) determine the amount and source of funds held
                in trust;
                    ``(B) identify and prepare an inventory of all
                trust assets;
                    ``(C) identify specific tribal goals and
                objectives;
                    ``(D) establish management objectives for the funds
                and assets held in trust;
                    ``(E) define critical values of the Indian tribe
                and its members and provide identified management
                objectives;
                    ``(F) identify actions to be taken to reach
                established objectives;
                    ``(G) use existing survey documents, reports and
                other research from Federal agencies, tribal community
                colleges, and land grant universities; and
                    ``(H) be completed within 3 years of the initiation
                of activity to establish the Plan.
    ``(b) Management and Administration.--Plans developed and approved
under subsection (a) shall govern the management and administration of
funds and assets held in trust by the Bureau and the Indian tribal
government.
    ``(c) No Termination Requirement.--Indian tribes implementing an
approved Plan shall not be required to terminate the trust relationship
in order to implement such Plan.
    ``(d) Plan Does Not Terminate Trust.--Developing or implementing a
Plan shall not be construed or deemed to constitute a termination of
the trust status of the assets or funds that are included in, or
subject to, the Plan.
    ``(e) Liability.--An Indian tribe managing and administering trust
funds and trust assets in a manner that is consistent with a Plan shall
not be liable for waste or loss of an asset or funds that are included
in such Plan.
    ``(f) Indian Participation in Management Activities.--
            ``(1) Tribal recognition.--The Secretary shall conduct all
        management activities of funds and assets held in trust in
        accordance with goals and objectives set forth in a Plan
        approved pursuant to and in accordance with all tribal laws and
        ordinances, except in specific instances where such compliance
        would be contrary to the trust responsibility of the United
        States.
            ``(2) Tribal laws.--
                    ``(A) In general.--Unless otherwise prohibited by
                Federal law, the Secretary shall comply with tribal law
                pertaining to the management of funds and assets held
                in trust.
                    ``(B) Duties.--The Secretary shall--
                            ``(i) provide assistance in the enforcement
                        of tribal laws described in subparagraph (A);
                            ``(ii) provide notice of such tribal laws
                        to persons or entities dealing with tribal
                        funds and assets held in trust; and
                            ``(iii) upon the request of an Indian
                        tribe, require appropriate Federal officials to
                        appear in tribal forums.
            ``(3) Waiver of regulations.--In any case in which a
        regulation or administrative policy of the Department of the
        Interior conflicts with the objectives of the Plan, or with a
        tribal law, the Secretary may waive the application of such
        regulation or administrative policy unless such waiver would
        constitute a violation of a Federal statute or judicial
        decision or would conflict with the Secretary's trust
        responsibility under Federal law.
            ``(4) Sovereign immunity.--This section does not constitute
        a waiver of the sovereign immunity of the United States, nor
        does it authorize tribal justice systems to review actions of
        the Secretary.
            ``(5) Trust responsibility.--Nothing in this section shall
        be construed to diminish or expand the trust responsibility of
        the United States toward Indian funds and assets held in trust,
        or any legal obligation or remedy resulting from such funds and
        assets.
    ``(g) Report.--
            ``(1) In general.--Not later than 180 days after the
        enactment of this section, and annually thereafter, the
        Secretary shall submit a report to the Committee on Indian
        Affairs of the Senate and the Committee on Resources of the
        House of Representatives.
            ``(2) Contents.--The report required under paragraph (1)
        shall detail the following:
                    ``(A) The efforts of the Department to implement
                this section.
                    ``(B) The nature and extent of consultation between
                the Department, Tribes, and individual Indians with
                respect to implementation of this section.
                    ``(C) Any recommendations of the Department for
                further changes to this Act, accompanied by a record of
                consultation with Tribes and individual Indians
                regarding such recommendations.''.

SEC. 4. REGULATIONS.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall promulgate regulations
to carry out the amendments made by this Act.
    (b) Active Participation.--All regulations promulgated in
accordance with subsection (a) shall be developed with the full and
active participation of Indian tribes that have trust funds and assets
held by the Secretary.

Summary: Indian Trust Asset and Trust Fund Management and Reform Act of 2002 - Amends the American Indian Trust Fund Management Reform Act of 1994 to create the position of Deputy Secretary for Trust Management and Reform within the Department of the Interior to oversee all Indian trust fund and trust asset matters and to consult with Indian tribes and individual trust asset and trust fund account holders. Directs the Deputy Secretary to establish an advisory board on matters within the jurisdiction of the Office of Trust Reform. Establishes within the office of the Secretary the Office of Trust Reform Implementation and Oversight, headed by such Deputy Secretary, to supervise and direct day-to-day activities concerning such assets or funds, including providing accurate inventories, revenue postings, monthly statements, and annual audits. Requires the development and implementation of a ten-year Indian Trust Fund and Trust Asset Management and Monitoring Plan by either an Indian tribe or the Secretary . Requires the Plan to: (1) determine the amount and source of trust funds, (2) inventory trust assets. And (3) identify tribal and management objectives along with the actions necessary to achieve them. States that the trust relationship and an approved Plan can coexist. Requires the Secretary to manage funds and assets in accordance with such plan and tribal laws, unless compliance would be contrary to the trust responsibility or otherwise prohibited by Federal law. Requires the active participation of Indian tribes in the promulgation of regulations concerning such funds and assets.

A bill to establish a direct line of authority for the Office of Trust Reform Implementations and Oversight to oversee the management and reform of Indian trust funds and assets under the jurisdiction of the Department of the Interior, and to advance tribal management of such funds and assets, pursuant to the Indian Self-Determinations Act and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Expansion and Job
Creation Act of 2010''.

SEC. 2. EXTENSION OF INCREASE IN LIMITATION ON EXPENSING OF CERTAIN
              DEPRECIABLE BUSINESS ASSETS.

    (a) Extension of Increased Limitations.--Paragraph (7) of section
179(b) of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``or 2009'' and inserting ``2009, or
        2010'', and
            (2) by striking ``and 2009'' in the heading and inserting
        ``2009, and 2010''.
    (b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.

SEC. 3. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2010.

    (a) Extension of Special Allowance.--
            (1) In general.--Paragraph (2) of section 168(k) of the
        Internal Revenue Code of 1986 is amended--
                    (A) by striking ``January 1, 2011'' and inserting
                ``January 1, 2012'', and
                    (B) by striking ``January 1, 2010'' each place it
                appears and inserting ``January 1, 2011''.
            (2) Conforming amendments.--
                    (A) The heading for subsection (k) of section 168
                of such Code is amended by striking ``2010'' and
                inserting ``2011''.
                    (B) The heading for clause (ii) of section
                168(k)(2)(B) of such Code is amended by striking ``pre-
                january 1, 2010'' and inserting ``pre-january 1,
                2011''.
                    (C) Subparagraph (B) of section 168(l)(5) of such
                Code is amended by striking ``January 1, 2009'' and
                inserting ``January 1, 2010''.
                    (D) Subparagraph (C) of section 168(n)(2) of such
                Code is amended by striking ``January 1, 2009'' and
                inserting ``January 1, 2010''.
                    (E) Subparagraph (B) of section 1400N(d)(3) of such
                Code is amended by striking ``January 1, 2009'' and
                inserting ``January 1, 2010''.
    (b) Extension of Election To Accelerate the AMT and Research
Credits in Lieu of Bonus Depreciation.--Paragraph (4) of section 168(k)
of such Code (relating to election to accelerate the AMT and research
credits in lieu of bonus depreciation) is amended--
            (1) by striking ``January, 1, 2010'' and inserting
        ``January 1, 2011'' in subparagraph (D)(iii), and
            (2) by adding at the end the following new subparagraph:
                    ``(I) Special rules for 2010 extension property.--
                            ``(i) Taxpayers previously electing
                        acceleration.--In the case of a taxpayer who
                        made the election under subparagraph (A) for
                        its first taxable year ending after March 31,
                        2008, or under subparagraph (H) for its first
                        taxable year ending after December 31, 2008--
                                    ``(I) the taxpayer may elect not to
                                have this paragraph apply to 2010
                                extension property, but
                                    ``(II) if the taxpayer does not
                                make the election under subclause (I),
                                in applying this paragraph to the
                                taxpayer a separate bonus depreciation
                                amount, maximum amount, and maximum
                                increase amount shall be computed and
                                applied to eligible qualified property
                                which is 2010 extension property.
                            ``(ii) Taxpayers not previously electing
                        acceleration.--In the case of a taxpayer who
                        did not make the election under subparagraph
                        (A) for its first taxable year ending after
                        March 31, 2008, or under subparagraph (H) for
                        its first taxable year ending after December
                        31, 2008--
                                    ``(I) the taxpayer may elect to
                                have this paragraph apply to its first
                                taxable year ending after December 31,
                                2009, and each subsequent taxable year,
                                and
                                    ``(II) if the taxpayer makes the
                                election under subclause (I), this
                                paragraph shall only apply to eligible
                                qualified property which is 2010
                                extension property.
                            ``(iii) 2010 extension property.--For
                        purposes of this subparagraph, the term `2010
                        extension property' means property which is
                        eligible qualified property solely by reason of
                        the extension of the application of the special
                        allowance under paragraph (1) pursuant to the
                        amendments made by section 2(a) of the Small
                        Business Expansion and Job Creation Act of 2010
                        (and the application of such extension to this
                        paragraph pursuant to the amendment made by
                        section 2(b)(1) of such Act).''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009, in taxable
years ending after such date.

Summary: Small Business Expansion and Job Creation Act of 2010 - Amends the Internal Revenue Code to extend through 2010: (1) the increased ($250,000) expensing allowance for depreciable business assets. (2) the additional 50 depreciation allowance for certain types of investment property acquired in 2010. And (3) the election to accelerate the tax credits for the alternative minimum tax and research expenditures in lieu of bonus depreciation.

To amend the Internal Revenue Code of 1986 to provide a 1-year extension of the increased expensing of certain depreciable business assets and the special depreciation allowance for certain business property.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Colorectal Cancer Detection Act of
2018''.

SEC. 2. MEDICARE COVERAGE FOR FDA-APPROVED QUALIFYING COLORECTAL CANCER
              SCREENING BLOOD-BASED TESTS.

    (a) In General.--Section 1861(pp) of the Social Security Act (42
U.S.C. 1395x(pp)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (D) as
                subparagraph (E); and
                    (B) by inserting after subparagraph (C) the
                following new subparagraph:
            ``(D) Qualifying colorectal cancer screening blood-based
        test.''; and
            (2) by adding at the end the following new paragraph:
    ``(3) The term `qualifying colorectal cancer screening blood-based
test' means, with respect to a year, a screening blood-based test for
the early detection of colorectal cancer furnished in the year that was
marketed or used, as applicable, in accordance with the relevant
provisions of section 353 of the Public Health Service Act or the
Federal Food, Drug, and Cosmetic Act more than 6 months before the
beginning of the year.''.
    (b) Frequency Limits for Colorectal Cancer Screening Tests and
Payment Amount for Qualifying Colorectal Cancer Screening Blood-Based
Tests.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d))
is amended--
            (1) by amending clause (ii) of paragraph (1)(B) to read as
        follows:
                            ``(ii) if the test is performed within--
                                    ``(I) the 11 months after a
                                previous screening fecal-occult blood
                                test or a previous qualifying
                                colorectal cancer screening blood-based
                                test;
                                    ``(II) the 35 months after a
                                previous screening flexible
                                sigmoidoscopy or a previous screening
                                colonoscopy with adenoma findings;
                                    ``(III) the 59 months after a
                                previous screening colonoscopy with
                                small polyp findings; or
                                    ``(IV) the 119 months after a
                                previous screening colonoscopy without
                                adenoma findings or small polyp
                                findings.'';
            (2) in paragraph (2)(E)(ii), by inserting ``or within the
        35 months after a previous screening fecal-occult blood test or
        previous qualifying colorectal cancer screening blood-based
        test'' after ``sigmoidoscopy'';
            (3) by amending subparagraph (E) of paragraph (3) to read
        as follows:
                    ``(E) Frequency limit.--No payment may be made
                under this part for a colorectal cancer screening test
                consisting of a screening colonoscopy--
                            ``(i) if the procedure is performed within
                        the 11 months after a previous screening fecal-
                        occult blood test or previous qualifying
                        colorectal cancer screening blood-based test;
                            ``(ii) for individuals at high risk for
                        colorectal cancer if the procedure is performed
                        within the 23 months after a previous screening
                        colonoscopy; or
                            ``(iii) for individuals not at high risk
                        for colorectal cancer if the procedure is
                        performed within the 119 months after a
                        previous screening colonoscopy or within the 47
                        months after a previous screening flexible
                        sigmoidoscopy.''; and
            (4) by adding at the end the following new paragraph:
            ``(4) Qualifying colorectal cancer screening blood-based
        tests.--
                    ``(A) Payment amount.--The payment amount for
                colorectal cancer screening tests consisting of
                qualifying colorectal cancer screening blood-based
                tests shall be established by the Secretary based on a
                crosswalk to payment amounts for tests for the
                diagnosis of inherited colorectal cancer by methylation
                methods.
                    ``(B) Frequency limit.--Paragraph (1)(B) shall
                apply to colorectal cancer screening tests consisting
                of qualifying colorectal cancer screening blood-based
                tests in the same manner as such paragraph applies to
                colorectal cancer screening tests consisting of fecal-
                occult blood tests.''.
    (c) Effective Date.--The amendments made by this section shall
apply to colorectal cancer screening tests furnished in a year
beginning more than 6 months after the date of the enactment of this
Act.

Summary: Colorectal Cancer Detection Act of 2018 This bill provides for Medicare coverage and payment, subject tonbsp, specified frequency limits, of certain colorectal cancer screening blood-based tests.

Colorectal Cancer Detection Act of 2018


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Affordable Transaction
Account Act of 2001''.

SEC. 2. AFFORDABLE BANKING SERVICES.

    (a) In General.--Except as otherwise provided in this section, each
insured depository institution shall make available to consumers a
consumer transaction account, to be known as an ``affordable
transaction account'', with the following features to be prescribed
jointly by the Federal banking agencies, by regulation:
            (1) Initial deposit.--The maximum amount which an insured
        depository institution may require as an initial deposit, if
        any.
            (2) Minimum balance.--The maximum amount an insured
        depository institution may require as a minimum balance, if
        any, to maintain such account.
            (3) Minimum number of free withdrawals.--A minimum of 8
        withdrawal transactions, including withdrawals by negotiable or
        transferable instruments for the purpose of making payments to
        third parties and electronic fund transfers, during any
        periodic cycle at no additional charge to the account holder.
            (4) Maximum monthly service charge.--The maximum amount an
        insured depository institution may charge per periodic cycle
        for the use of such account.
    (b) Fees for Withdrawal Transactions in Excess of Minimum Number of
Free Withdrawals.--
            (1) In general.--Subject to paragraph (2), in the case of
        any affordable transaction account--
                    (A) an insured depository institution may impose a
                reasonable per-transaction charge for any withdrawal
                transaction described in subsection (a)(3) other than a
                transaction required under such subsection to be
                provided free; or
                    (B) the depository institution may impose the fees
                and charges normally applied to other consumer
                transaction accounts available at that depository
                institution.
            (2) Limitations.--
                    (A) Periodic cycle fee adjustment.--The amount of
                any charge per periodic cycle imposed by an insured
                depository institution on any affordable transaction
                account pursuant to paragraph (1)(B) shall be reduced
                by the charge imposed under subsection (a)(4).
                    (B) Maximum amount.--At no time shall the total
                amount of fees and charges imposed by an insured
                depository institution on any affordable transaction
                account exceed the total amount of fees and charges
                that is normally applied to other consumer transaction
                accounts available at the depository institution.
    (c) Conditions for Opening Any Affordable Transaction Account.--An
insured depository institution may require as a condition for opening
or maintaining any affordable transaction account that--
            (1) the holder of the account be a resident of the State in
        which the account is opened or maintained; and
            (2) the deposits to the account of recurring payments such
        as Social Security, wage, or pension payments be made by direct
        deposit if that form of deposit is available to both the
        consumer and the depository institution.
    (d) Other Terms and Conditions.--
            (1) In general.--Except as provided in this section and any
        regulations prescribed under this section, any affordable
        transaction account may be offered by an insured depository
        institution subject to the same rules, conditions, and terms
        normally applicable to other consumer transaction accounts
        offered by the depository institution.
            (2) Prohibition on discrimination against affordable
        transaction account holders in providing other services.--The
        amount of any fee or charge imposed on a holder of any
        affordable transaction account by an insured depository
        institution for specific services provided to such account
        holder which are not directly related to the maintenance of
        such account may not exceed the fee or charge imposed by the
        depository institution for providing the same services in
        connection with other consumer transaction accounts offered by
        the depository institution.
    (e) Affordable Transaction Accounts Not Required for Individuals
Who Maintain Other Transaction Accounts.--An insured depository
institution shall not be required to permit any person to open or
maintain an affordable transaction account pursuant to this section if
such person maintains another consumer transaction account either at
that depository institution or any other insured depository
institution.
    (f) Alternative Arrangements.--In lieu of the affordable
transaction account required by this section, an insured depository
institution may make available an alternative form of account or other
banking services if the appropriate Federal banking agency determines
that such alternative form of account or services are at least as
advantageous to consumers as the affordable transaction account.
    (g) Disclosure Requirements.--
            (1) Posted notices.--If an insured depository institution
        posts in the public area of any office of the institution a
        notice of the availability of other consumer transaction
        accounts, the depository institution shall also post equally
        conspicuous notice in such public area and in the same manner
        the availability of its affordable transaction accounts.
            (2) Printed material.--If an insured depository institution
        makes available in the public area of any office of the
        institution printed material describing the terms of its other
        consumer transaction accounts, the depository institution shall
        also make comparable descriptive printed material concerning
        the affordable transaction accounts available in the same such
        area and in the same manner.
    (h) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Consumer transaction account.--For purposes of this
        section, the term ``consumer transaction account'' means a
        demand deposit account, negotiable order of withdrawal account,
        share draft account, or any similar transaction account used
        primarily for personal, family or household purposes.
            (2) Depository institution.--The term ``depository
        institution'' has the same meaning as in section 19(b)(1)(A) of
        the Federal Reserve Act.
            (3) Federal banking agency.--The term ``Federal banking
        agency''--
                    (A) has the same meaning as in section 3(z) of the
                Federal Deposit Insurance Act; and
                    (B) includes the National Credit Union
                Administration Board.
            (4) Insured depository institution.--The term ``insured
        depository institution''--
                    (A) has the same meaning as in section 3(c)(2) of
                the Federal Deposit Insurance Act; and
                    (B) includes an insured credit union (as defined in
                section 101(7) of the Federal Credit Union Act).
    (i) Compliance With More Stringent State Law.--If a depository
institution operates in a State the laws of which, including
regulations, require a depository institution operating in such State
to meet requirements for affordable transaction accounts which are more
advantageous to the consumer than the requirements of this section or
the regulations prescribed under this section, such depository
institution may not be treated as a qualified depository institution
for purposes of section 19(b)(12) of the Federal Reserve Act, unless
such depository institution meets the requirements of this section and
the requirements of such State law.
    (j) Rule of Construction.--No provision of this section, title LXII
of the Revised Statutes of the United States, the Home Owners' Loan
Act, the Bank Enterprise Act of 1991, the Alternative Mortgage
Transaction Parity Act of 1982, or any other Federal law may be
construed as preempting, or providing any basis for the Comptroller of
the Currency or the Director of the Office of Thrift Supervision to
conclude that Federal law in any way preempts, the law of any State
which requires depository institution operating in that State to
provide affordable transaction accounts, including the Omnibus Consumer
Protection and Banking Deregulation Act of 1994 of the State of New
York and the New Jersey Consumer Checking Account Act (as in effect on
the date of the enactment of this Act).
    (k) Coordination of Regulations.--Each Federal banking agency
shall--
            (1) consult and coordinate with other Federal banking
        agencies to ensure that regulations prescribed by each such
        agency are consistent with and comparable to the regulations
        prescribed by each other such agency; and
            (2) prescribe regulations in final form to implement this
        section before the end of the 6-month period beginning on the
        date of the enactment of this Act.

Summary: Consumer Affordable Transaction Account Act of 2001 - Requires each insured depository institution to make available to consumers an affordable transaction account containing specified features to be prescribed jointly by the Federal banking agencies, including at least eight free withdrawals per month. Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements. Requires notice of availability of affordable transaction accounts to be posted upon the premises in the same manner as the depository institution posts notice of its other account products. Mandates depository institution compliance with more stringent State law where applicable.

To require insured depository institutions to make affordable transaction accounts available to their customers, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unemployment Insurance Modernization
Act''.

SEC. 2. SPECIAL TRANSFERS TO STATE ACCOUNTS IN THE UNEMPLOYMENT TRUST
              FUND.

    (a) In General.--Section 903 of the Social Security Act (42 U.S.C.
1103) is amended by adding at the end the following:

         ``Special Transfers in Fiscal Years 2008 Through 2012

    ``(f)(1)(A) In addition to any other amounts, the Secretary of
Labor shall provide for the making of unemployment compensation
modernization incentive payments (in this subsection referred to as
`incentive payments') to the accounts of the States in the Unemployment
Trust Fund, by transfer from amounts reserved for that purpose in the
Federal unemployment account, in accordance with succeeding provisions
of this subsection.
    ``(B) Subject to paragraph (5), the maximum incentive payment
allowable under this subsection with respect to any State shall, as
determined by the Secretary of Labor, be equal to the amount obtained
by multiplying $7,000,000,000 times the same ratio as is applicable
under subsection (a)(2)(B) for purposes of determining such State's
share of any funds to be transferred under subsection (a) as of October
1, 2007.
    ``(C) Of the maximum incentive payment determined under
subparagraph (B) with respect to a State--
            ``(i) one-third shall be transferred upon a certification
        under paragraph (4)(B) that the State law of such State meets
        the requirements of paragraph (2); and
            ``(ii) the remainder shall be transferred upon a
        certification under paragraph (4)(B) that the State law of such
        State meets the requirements of paragraph (3).
    ``(2) The State law of a State meets the requirements of this
paragraph if such State law--
            ``(A) uses a base period that includes the most recently
        completed calendar quarter before the start of the benefit year
        for purposes of determining eligibility for unemployment
        compensation; or
            ``(B) provides that, in the case of an individual who would
        not otherwise be eligible for unemployment compensation under
        the State law because of the use of a base period that does not
        include the most recently completed calendar quarter before the
        start of the benefit year, eligibility shall be determined
        using a base period that includes such calendar quarter.
    ``(3) The State law of a State meets the requirements of this
paragraph if such law includes provisions to carry out at least 2 of
the following subparagraphs:
            ``(A) An individual shall not be denied compensation under
        any State law provisions relating to availability for work,
        active search for work, or refusal to accept work, solely
        because such individual is seeking only part-time (and not
        full-time) work, except that such law may provide for the
        provisions carrying out this subparagraph to require up to, but
        not to exceed, a majority of weeks of work of such individual's
        base period to consist of part-time employment.
            ``(B) An individual shall not be disqualified from
        compensation for separating from work for compelling family
        reasons, which, for purposes of this subparagraph, shall
        include at least the following:
                    ``(i) A separation from employment in which
                domestic violence causes the individual reasonably to
                believe that such separation is necessary for the
                safety of the individual or the individual's family, as
                verified by such reasonable and confidential
                documentation that may be required by the State.
                    ``(ii) A separation from employment resulting from
                the illness or disability of a member of the
                individual's immediate family.
                    ``(iii) A separation from employment resulting from
                the individual's need to accompany a spouse--
                            ``(I) to a place from which it is
                        impractical for such individual to commute; and
                            ``(II) due to a change in location of the
                        spouse's employment.
            ``(C) Weekly unemployment compensation is payable under
        this subparagraph to any individual who is unemployed (as
        determined under the State unemployment compensation law), has
        exhausted all rights to regular and (if applicable) extended
        unemployment compensation under the State law, and is enrolled
        and making satisfactory progress in a State-approved training
        program or in a job training program authorized under the
        Workforce Investment Act of 1998. Such program shall prepare
        individuals who have been separated from a declining
        occupation, or who have been involuntarily and indefinitely
        separated from employment as a result of a permanent reduction
        of operations at the individual's place of employment, for
        entry into a high-demand occupation. In addition, such program
        may prepare other unemployed individuals deemed eligible by the
        State. The amount of unemployment compensation payable under
        this subparagraph to an individual for a week of unemployment
        shall be equal to the individual's average weekly benefit
        amount (including dependents' allowances) for the most recent
        benefit year, and the total amount of unemployment compensation
        payable under this subparagraph to any individual shall be
        equal to at least 26 times the individual's average weekly
        benefit amount (including dependents' allowances) for the most
        recent benefit year.
            ``(D) The maximum amount of compensation--
                    ``(i) payable to the individual during a benefit
                year is equal to at least 26 times the individual's
                weekly benefit amount; or
                    ``(ii) the individual receives during a benefit
                year exceeds half of the individual's total wages
                during the base period.
        A State shall not be considered to satisfy clause (i) if it
        reduced the maximum weekly benefit amount of compensation
        payable to an individual during a benefit year below the amount
        that was in effect as of the date of enactment of this
        subsection.
            ``(E) Dependents' allowances are provided to all
        individuals with a dependent (as defined by State law) equal to
        at least $15 per dependent per week, subject to any aggregate
        limitation on such allowances which the State law may establish
        (but which aggregate limitation on the total allowance for
        dependents paid to an individual may not be less than the
        lesser of $50 for each week of unemployment or 50 percent of
        the individual's weekly benefit amount for the benefit year).
    ``(4)(A) Any State seeking an incentive payment under this
subsection shall submit an application therefor at such time and in
such manner as the Secretary of Labor shall by regulation prescribe.
Such application shall include information on how the State intends to
use incentive payments to improve or strengthen the State's
unemployment compensation program. The Secretary of Labor shall, within
90 days after receiving any such application, notify the State agency
of the State as to the Secretary's findings with respect to the
requirements of paragraph (2) or (3) (as the case may be).
    ``(B) If the Secretary of Labor finds that the State law provisions
(disregarding any State law provisions which are not then currently in
effect or which are subject to discontinuation under certain
conditions) meet the requirements of paragraph (2) or (3) (as the case
may be) and that unemployment compensation claimants have begun to
qualify for benefits under such requirements, the Secretary of Labor
shall thereupon make a certification to that effect to the Secretary of
the Treasury, together with a certification as to the amount of the
incentive payment to be transferred to the State account pursuant to
that finding. The Secretary of the Treasury shall make the appropriate
transfer within 30 days after receiving such certification.
    ``(C)(i) No certification of compliance with the requirements of
paragraph (2) or (3) may be made with respect to any State whose State
law is not otherwise eligible for certification under section 303 or
approvable under section 3304 of the Federal Unemployment Tax Act.
    ``(ii) No certification of compliance with the requirements of
paragraph (3) may be made with respect to any State whose State law is
not in compliance with the requirements of paragraph (2).
    ``(iii) No application under subparagraph (A) may be considered if
submitted before October 1, 2007, or after the latest date by which it
must be submitted (as specified by the Secretary of Labor in
regulations) to ensure that all incentive payments under this
subsection are made before October 1, 2012.
    ``(5)(A) If the Secretary of Labor determines, within 30 days after
the deadline described in paragraph (4)(C)(iii), that there are amounts
reserved for incentive payments under paragraph (7) for which the
Secretary of the Treasury has not received a certification under
paragraph (4)(B), from such amounts--
            ``(i) first, 10 percent of such amounts shall be made
        available for transfer to the accounts of States under
        subsection (g); and
            ``(ii) second, from the remainder of such amounts,
        incentive payments that are in addition to those made under
        paragraph (1) shall be made to States described in subparagraph
        (E).
    ``(B)(i) The amount of additional incentive payments to a State
under subparagraph (A)(ii) shall be an amount equal to the sum of--
            ``(I) the amount obtained by multiplying the total amount
        determined by the Secretary of Labor under subparagraph (A)
        (after application of clause (i) of such subparagraph) times
        the same ratio as is applicable under subsection (a)(2)(B) for
        purposes of determining such State's share of any funds to be
        transferred under subsection (a) as of October 1, 2007; and
            ``(II) an amount equal to the total amount determined by
        the Secretary of Labor under subparagraph (A) (after
        application of clause (i) of such subparagraph) less the total
        amount of additional incentive payments under subclause (I) for
        all States, divided by the total number of States receiving
        additional incentive payments.
    ``(ii) In no case may the amount of an additional incentive payment
transferred to a State under this paragraph exceed an amount equal to 2
times the total amount of the incentive payment transferred to the
State under paragraph (1)(C).
    ``(C) For each State described in subparagraph (E), the Secretary
shall make a certification to that effect to the Secretary of the
Treasury, together with a certification as to the amount of the
additional incentive payment to be transferred to the State account
pursuant this paragraph. The Secretary of the Treasury shall make the
appropriate transfer within 30 days after receiving such certification.
    ``(D) The Secretary of Labor shall certify to the Secretary of the
Treasury the amount to be made available for transfer under
subparagraph (A)(i).
    ``(E) For purposes of subparagraph (A), a State is described in
this subparagraph if the Secretary of the Treasury received a
certification under paragraph (4)(B) that the State law of such State
meets the requirements of paragraphs (2) and (3).
    ``(6)(A) Except as provided in subparagraph (B), amounts
transferred to a State account pursuant to paragraphs (4)(B) and (5)(C)
may be used only in the payment of cash benefits to individuals with
respect to their unemployment.
    ``(B) A State may, subject to the same conditions as set forth in
subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the
reference to `subsections (a) and (b)' in subparagraph (D) thereof to
include this subsection), use any amount transferred to the account of
such State under paragraphs (4)(B) and (5)(C) for the administration of
its unemployment compensation law and public employment offices.
    ``(7) Out of any money in the Federal unemployment account not
otherwise appropriated, the Secretary of the Treasury shall reserve
$7,000,000,000 to carry out this subsection. For purposes of section
902, the net balance in the Federal unemployment account as of any time
is the amount in such account as of such time reduced by an amount
equal to the total amount so reserved less the total of the incentive
payments transferred under this subsection (and the total amount
transferred under paragraph (5)(A)(i)) as of such time.

         ``Special Transfers in Fiscal Years 2008 Through 2012

    ``(g)(1) Notwithstanding any other provision of this section, the
total amount available for transfer to the accounts of the States
pursuant to subsection (a) as of the beginning of each of fiscal years
2008, 2009, 2010, 2011, and 2012 shall be equal to the total amount
which (disregarding this subsection) would otherwise be so available,
increased by $100,000,000 (or, in the case of fiscal year 2012,
$100,000,000 plus the amount made available for transfer under
subsection (f)(5)(A)(i)).
    ``(2) Each State's share of any additional amount made available by
this subsection shall be determined, certified, and computed in the
same manner as described in subsection (a)(2) and shall be subject to
the same limitations on transfers as described in subsection (b). For
purposes of applying subsection (b)(2), the balance of any advances
made to a State under section 1201 shall be credited against, and
operate to reduce (but not below zero)--
            ``(A) first, any additional amount which, as a result of
        the enactment of this subsection, is to be transferred to the
        account of such State in a fiscal year; and
            ``(B) second, any amount which (disregarding this
        subsection) is otherwise to be transferred to the account of
        such State pursuant to subsections (a) and (b) in such fiscal
        year.
    ``(3) Any additional amount transferred to the account of a State
as a result of the enactment of this subsection--
            ``(A) may be used by the State agency of such State only in
        the payment of expenses incurred by it for--
                    ``(i) the administration of the provisions of its
                State law carrying out the purposes of subsection
                (f)(2) or any subparagraph of subsection (f)(3);
                    ``(ii) improved outreach to individuals who might
                be eligible for compensation by virtue of any
                provisions of the State law which are described in
                clause (i);
                    ``(iii) the improvement of unemployment benefit and
                unemployment tax operations; and
                    ``(iv) staff-assisted reemployment services for
                unemployment insurance claimants; and
            ``(B) shall be excluded from the application of subsection
        (c).
    ``(4) The total additional amount made available by this subsection
in a fiscal year shall be taken out of the amounts remaining in the
employment security administration account after subtracting the total
amount which (disregarding this subsection) is otherwise required to be
transferred from such account in such fiscal year pursuant to
subsections (a) and (b).''.
    (b) Regulations.--The Secretary of Labor may prescribe any
regulations necessary to carry out the amendment made by subsection
(a).

SEC. 3. EXTENSION OF FUTA TAX.

    Section 3301 of the Internal Revenue Code of 1986 (relating to rate
of tax) is amended--
            (1) by striking ``2007'' in paragraph (1) and inserting
        ``2012'', and
            (2) by striking ``2008'' in paragraph (2) and inserting
        ``2013''.

Summary: Unemployment Insurance Modernization Act - Amends the Social Security Act to require the Secretary of Labor to make unemployment compensation modernization incentive payments in FY2008-FY2012 by certain transfers from the federal unemployment account to the accounts of the states in the Unemployment Trust Fund. Prescribes a formula for determining the maximum allowable incentive payments. Specifies requirements state law must meet for the state to qualify for such a payment. Limits the use of transferred amounts to the payment of cash unemployment benefits to individuals. Requires the Secretary of the Treasury to reserve specified funds out of the federal unemployment account for such incentive payments. Amends the Internal Revenue Code to extend through FY2013 the Federal Unemployment Tax Act (FUTA) excise tax imposed on every employer.

A bill to provide for special transfers of funds to States to promote certain improvements in State unemployment compensation laws.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Respirator Access Assurance Act of
2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Each year millions of workers, responders, and citizens
        in the United States and around the world depend on the
        availability of respirators made in the United States for
        protection against exposure to hazardous materials and in the
        event of terrorist incidents, airborne disease epidemics, and
        other disasters.
            (2) Respirators are tested, and the design and labeling of
        respirators is regulated by an independent Federal agency, the
        National Institute for Occupational Safety and Health, which is
        part of the Centers for Disease Control and Prevention. NIOSH
        establishes the performance standards for respirators,
        independently tests and certifies that respirators meet its
        standards, and performs follow-up field audits of respirators
        to ensure continued compliance with NIOSH performance
        standards. Prior to the establishment of NIOSH, respirators
        were approved by the United States Bureau of Mines.
            (3) Respirator manufacturers and sellers do not and cannot
        control or determine the manner in which their products are
        used.
            (4) Manufacturers and sellers of respirators designed and
        labeled in compliance with NIOSH requirements have been named
        as defendants in a substantial number of product liability
        claims alleging that these NIOSH-approved designs and warnings
        are defective.
            (5) Respirators are sold in and have an effect on
        interstate commerce.
            (6) Manufacturers of respirators may cease making such
        products, in principal part because of the costs of litigation.
            (7) A continued United States capacity to manufacture and
        distribute respirators is necessary to assure that these
        products remain available. Lack of availability of respirators
        will increase risks to the health of millions of American
        workers and emergency responders.
            (8) The protections set forth in this Act are needed to
        assure the continued commercial availability of lifesaving
        respirators.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Manufacturer.--The term ``Manufacturer'' means any
        person who, in the course of a business conducted for that
        purpose, designs, makes, produces, packages, or labels any
        respirator or component part of a respirator, or engages
        another to do so.
            (2) NIOSH.--The term ``NIOSH'' means the National Institute
        for Occupational Safety and Health.
            (3) NIOSH approval.--The term ``NIOSH approval'' means a
        certificate or formal document issued by NIOSH stating that an
        individual respirator or combination of respirators has met the
        minimum requirements of part 84 of title 42, Code of Federal
        Regulations, or part 11 of title 30, Code of Federal
        Regulations, and that the manufacturer is authorized to use and
        attach an approval label to any respirator manufactured in
        conformance with the plans and specifications upon which the
        approval was based. For purposes of this Act, NIOSH approval
        shall also mean certification or approval by any Federal
        Government agency with authority to approve respirators,
        including the United States Bureau of Mines and the Mine Safety
        and Health Administration.
            (4) Respirator.--The term ``Respirator'' means any device,
        including component or replacement parts for a device, designed
        to provide the wearer with respiratory protection against
        inhalation of a hazardous atmosphere.
            (5) Seller.--The term ``Seller'' means a person or entity,
        including a retailer, distributor, or wholesaler, that is
        regularly engaged in selling respirators.

SEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING.

    (a) In General.--A manufacturer or seller of a respirator shall not
be subject to any claim for defective design or warning relating to a
respirator or any claim which is based on such an allegation if such
respirator has received a NIOSH approval, and such respirator is
manufactured in compliance with the NIOSH-approved design and labeling
in effect on the date of manufacture. This provision shall not apply to
a respirator that fails to comply with the NIOSH-approved design and
labeling standards in effect on the date of manufacture.
    (b) Withdrawal of Approval.--Subsection (a) shall not apply to a
manufacturer or seller of a respirator if NIOSH withdraws its approval
for the respirator that is the subject of the claim involved based on a
finding by NIOSH that the manufacturer or seller--
            (1) withheld from or misrepresented to NIOSH material
        information about the respirator's design or labeling and the
        respirator otherwise would not have been approved; or
            (2) made an illegal payment to a NIOSH official or employee
        for the purpose of securing or maintaining approval of the
        respirator's design or labeling.
    (c) Statute of Limitations.--A statute of limitations that would
otherwise apply to claims to which subsection (b) applies shall not
begin to run until the date on which NIOSH withdraws its approval for
the respirator involved.

SEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION.

    (a) Preemption.--The provisions of this Act shall supersede any and
all State or local laws insofar as they may now or hereafter relate to
any claim for defective design or warning relating to a respirator or
any claim which is based on such an allegation if such respirator
complied with the NIOSH-approved design and labeling in effect on the
date of manufacture.
    (b) Statutory Construction.--Nothing in this Act may be construed
to affect any defense available to a defendant under any other
provision of State or Federal law, or to create a cause of action or
Federal court jurisdiction pursuant to section 1331 or 1332 of title
28, United States Code, that otherwise would not exist under applicable
law.

SEC. 6. APPLICABILITY.

    This Act applies to any civil action in a Federal or State court,
on the basis of any legal theory, for harm allegedly caused, directly
or indirectly, by a respirator, a respirator manufacturer, or a
respirator seller.

SEC. 7. EFFECTIVE DATE.

    This Act shall become effective upon enactment and shall apply to
any action that has not proceeded to trial as of the date of enactment,
regardless of when the respirator was manufactured or sold.

Summary: Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling in effect on the date of manufacture. Provides for withdrawal of a previous NIOSH approval of a respirator on grounds of misrepresentation of material information or bribery of a NIOSH officer or employee . Preempts all state and local laws with regard to such claims. Makes this Act applicable to any civil action in federal or state court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller. Applies this Act to any action than has not proceeded to trial as of the date of enactment.

A bill to protect American workers and responders by ensuring the continued commercial availability of respirators and to establish rules governing product liability actions against manufacturers and sellers of respirators.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Volcano Early Warning and
Monitoring System Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States and the territories of the United
        States contain 169 hazardous volcanoes;
            (2) since 1980, eruptions have claimed many lives and cost
        billions of dollars in property damage in the United States;
            (3) ash eruptions pose a hazard to high-flying jet
        aircraft, including the more than 20,000 passengers who travel
        on jets over Alaska every day;
            (4) in 1989, an eruption of Redoubt Volcano, Alaska, caused
        in-flight failure of all 4 engines of a passenger Boeing 747
        aircraft;
            (5) international flights over the Commonwealth of the
        Northern Mariana Islands and the intense domestic air traffic
        of the Pacific Northwest also face potential engine failure in
        the event of an eruption;
            (6) mudflows from ice-clad Cascade volcanoes of the States
        of Washington, Oregon, and California pose a serious hazard to
        cities and transportation arteries in the Pacific Northwest;
            (7) lava flows, toxic gas emissions, and explosions impact
        residents and visitors to Hawaii and have the potential to
        cause catastrophic property damage;
            (8) frequent seismic unrest requires careful monitoring in
        the Mammoth Lakes area of California and Yellowstone National
        Park in the States of Wyoming, Montana, and Idaho;
            (9) modern technology, in the form of geophysical
        monitoring networks on the ground and the use of near-real time
        satellite data, makes possible warnings before eruptions,
        giving emergency response agencies and the public time to
        prepare, which minimizes potential damage to property and loss
        of life;
            (10) the efficacy of monitoring is being demonstrated by
        the forecast and subsequent tracking of explosive eruptions of
        Redoubt Volcano by the Alaska Volcano Observatory, a
        partnership of the United States Geological Survey, the
        University of Alaska Fairbanks, and the Alaska Division of
        Geological and Geophysical Surveys;
            (11) the United States Geological Survey and the university
        and State partners of the United States Geological Survey
        operate--
                    (A) the Alaska Volcano Observatory located in
                Anchorage and Fairbanks, Alaska;
                    (B) the Cascades Volcano Observatory located in
                Vancouver, Washington;
                    (C) the Hawaiian Volcano Observatory located in
                Hawaiian Volcanoes National Park, Hawaii;
                    (D) the Yellowstone Volcano Observatory located in
                Yellowstone National Park in the State of Wyoming,
                Montana, and Idaho; and
                    (E) the Long Valley Observatory, located in Mammoth
                Lakes and Menlo Park, California; and
            (12) a detailed survey of the volcanoes in the United
        States and the monitoring status of those volcanoes has
        revealed a serious monitoring gap, leaving the United States
        exposed to preventable damage from large volcanic eruptions.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior, acting through the Director of the United
        States Geological Survey.
            (2) System.--The term ``System'' means the National Volcano
        Early Warning and Monitoring System established under section
        4(a)(1).

SEC. 4. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish within the
        United States Geological Survey a program, to be known as the
        ``National Volcano Early Warning and Monitoring System'', to
        monitor, warn, and protect citizens of the United States from
        undue and avoidable harm from volcanic activity.
            (2) Purposes.--The purposes of the System are--
                    (A) to organize, modernize, standardize, and
                stabilize the monitoring systems of the volcano
                observatories in the United States; and
                    (B) to unify the monitoring systems of volcano
                observatories in the United States into a single
                interoperative system.
            (3) Objective.--The objective of the System is to monitor
        all the volcanoes in the United States at a level commensurate
        with the threat posed by the volcanoes by--
                    (A) upgrading existing networks on monitored
                volcanoes; and
                    (B) installing new networks on unmonitored
                volcanoes.
    (b) System Components.--
            (1) In general.--The System shall include--
                    (A) a national volcano watch office that is
                operational 24 hours a day and 7 days a week;
                    (B) a national volcano data center; and
                    (C) an external grants program to support research
                in volcano monitoring science and technology.
            (2) Modernization activities.--Modernization activities
        under the System shall include the comprehensive application of
        emerging technologies, including digital broadband
        seismometers, real-time continuous global positioning systems,
        radar satellite interferometry, and spectrometry to measure gas
        emission.
    (c) Management.--
            (1) Management plan.--
                    (A) In general.--Not later than 90 days after the
                date of enactment of this Act, the Secretary shall
                submit to Congress a 5-year management plan for
                establishing and operating the System.
                    (B) Inclusions.--The management plan submitted
                under subparagraph (A) shall include--
                            (i) annual cost estimates for modernization
                        activities and operation of the System;
                            (ii) annual milestones, standards, and
                        performance goals; and
                            (iii) recommendations for, and progress
                        towards, establishing new, or enhancing
                        existing, partnerships to leverage resources.
            (2) Advisory committee.--The Secretary shall establish an
        advisory committee to assist the Secretary in implementing the
        System, to be comprised of representatives of relevant agencies
        and members of the scientific community appointed by the
        Secretary.
            (3) Partnerships.--The Secretary may enter into cooperative
        agreements with universities and State agencies designating the
        universities and agencies as volcano observatory partners for
        the System.
            (4) Coordination.--The Secretary shall coordinate the
        activities under this Act with the heads of relevant Federal
        agencies, including--
                    (A) the Secretary of Transportation;
                    (B) the Administrator of the Federal Aviation
                Administration;
                    (C) the Administrator of the National Oceanic and
                Atmospheric Administration; and
                    (D) the Director of the Federal Emergency
                Management Administration.
    (d) Annual Report.--Annually, the Secretary shall submit to
Congress a report that describes the activities carried out under this
Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry
out this Act $15,000,000 for fiscal year 2010 and each fiscal year
thereafter.

Summary: National Volcano Early Warning and Monitoring System Act - Directs the Secretary of the Interior, acting through the Director of the US Geological Survey (USGS), to establish within USGS a National Volcano Early Warning and Monitoring System program to monitor volcanic activity and to warn and protect US citizens from harm. Sets forth as System purposes to organize, modernize, standardize, and stabilize monitoring systems of US volcano observatories and to unify monitoring systems into a single interoperative system. Sets forth as System objectives to monitor all US volcanoes at a level commensurate with the threat they pose by upgrading existing networks on monitored volcanoes and installing new networks on unmonitored volcanoes. Requires the System to include: (1) a national volcano watch office that is operational 24 hours a day, seven days a week, (2) a national volcano data center. And (3) an external grants program to support research in volcano monitoring science and technology. Directs the Secretary to: (1) submit to Congress a five-year management plan for establishing and operating the System and an annual report, (2) establish an advisory committee. And (3) coordinate activities under this Act with the heads of relevant federal agencies. Authorizes the Secretary to enter into cooperative agreements with universities and state agencies as volcano observatory partners.

To provide for the establishment of the National Volcano Early Warning and Monitoring System.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Anti-Semitism Awareness Act
of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Acts of anti-Semitism in countries throughout the
        world, including in some of the world's strongest democracies,
        have increased significantly in frequency and scope over the
        last several years.
            (2) During the last three months of 2003 and the first
        three months of 2004, there were numerous instances of anti-
        Semitic violence around the world, including the following
        incidents:
                    (A) In Putrajaya, Malaysia, on October 16, 2003,
                Prime Minister Mahathir Mohamad of Malaysia told the 57
                national leaders assembled for the Organization of the
                Islamic Conference that Jews ``rule the world by
                proxy'', and called for a ``final victory'' by the
                world's 1.3 billion Muslims, who, he said, ``cannot be
                defeated by a few million Jews''.
                    (B) In Istanbul, Turkey, on November 15, 2003,
                simultaneous car bombs exploded outside two synagogues
                filled with worshippers, killing 24 people and wounding
                more than 250.
                    (C) In Hobart, Australia, on January 5, 2004,
                poison was used to ignite and burn anti-Semitic slogans
                into the lawns of the Parliament House of the state of
                Tasmania.
                    (D) In St. Petersburg, Russia, on February 15,
                2004, vandals desecrated approximately 50 gravestones
                in a Jewish cemetery, painting the stones with
                swastikas and anti-Semitic graffiti.
                    (E) In Toronto, Canada, from March 19 to March 21,
                2004, vandals attacked a Jewish school, a Jewish
                cemetery, and area synagogues, painting swastikas and
                anti-Semitic slogans on the walls of a synagogue and on
                residential property in a nearby, predominantly Jewish,
                neighborhood.
                    (F) In Toulon, France, on March 23, 2004, a Jewish
                synagogue and community center were set on fire.
            (3) Anti-Semitism has at times taken the form of
        vilification of Zionism, the Jewish national movement, and
        incitement against Israel.
            (4) Anti-Semitism is also increasingly emanating from the
        Arab and Muslim world on a sustained basis, including through
        books distributed by government-owned publishing houses in
        Egypt and other Arab countries.
            (5) In November 2002, state-run television in Egypt
        broadcast the anti-Semitic series entitled ``Horseman Without a
        Horse'', which is based upon the fictitious conspiracy theory
        known as the Protocols of the Elders of Zion. The Protocols
        have been used throughout the last century by despots such as
        Adolf Hitler to justify violence against Jews.
            (6) In November 2003, Arab television featured an anti-
        Semitic series entitled ``Ash-Shatat'' (``The Diaspora''),
        which depicts Jewish people conspiring to gain control of the
        world.
            (7) The sharp rise in anti-Semitic violence has caused
        international organizations such as the Organization for
        Security and Cooperation in Europe (OSCE) to elevate and bring
        renewed focus to this issue, including the convening by the
        OSCE in June 2003 of a conference in Vienna dedicated solely to
        the issue of anti-Semitism.
            (8) On April 28-29, 2004, in Berlin, Germany, the OSCE will
        again convene a conference dedicated to addressing the problem
        of anti-Semitism, with the United States delegation to be led
        by former Mayor of New York City Ed Koch.
            (9) The United States has vigorously supported efforts to
        address anti-Semitism through bilateral relationships and
        interaction with international organizations such as the OSCE,
        the European Union, and the United Nations.
            (10) Congress has consistently supported efforts to address
        the rise in anti-Semitic violence. During the 107th Congress,
        both the Senate and the House of Representatives passed
        resolutions expressing strong concern about the sharp
        escalation of anti-Semitic violence in Europe and calling on
        the Department of State to thoroughly document the phenomenon.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States should continue to vigorously support
        efforts to combat anti-Semitism worldwide through bilateral
        relationships and interaction with international organizations
        such as the Organization of Security and Cooperation in Europe
        (OSCE);
            (2) the United States delegation to the OSCE conference in
        Berlin should advocate for the appointment of a High
        Commissioner on anti-Semitism;
            (3) the President should direct the United States
        Ambassador to the United Nations to introduce in the most
        appropriate forum in the United Nations a measure condemning
        anti-Semitism;
            (4) the Secretary of State should establish a permanent
        office in the Department of State to monitor and combat anti-
        Semitism; and
            (5) the Department of State should thoroughly document acts
        of anti-Semitism and anti-Semitic incitement that occur around
        the world.

SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT
              ANTI-SEMITISM.

    The State Department Basic Authorities Act of 1956 is amended by
adding after section 58 (22 U.S.C. 2730) the following new section:

``SEC. 59. MONITORING AND COMBATING ANTI-SEMITISM.

    ``(a) Office to Monitor and Combat Anti-Semitism.--
            ``(1) Establishment of office.--The Secretary is authorized
        and encouraged to establish within the Department of State an
        Office to Monitor and Combat anti-Semitism (in this section
        referred to as the `Office') .
            ``(2) Head of office.--If the Secretary establishes the
        Office pursuant to paragraph (1), the head of the Office shall
        be the Director for Monitoring and Combatting anti-Semitism.
        The Secretary shall appoint the Director of the Office.
    ``(b) Purpose of Office.--Upon establishment, the Office shall
assume the primary responsibility for--
            ``(1) monitoring and combatting acts of anti-Semitism and
        anti-Semitic incitement that occur in foreign countries;
            ``(2) coordinating and assisting in the preparation of that
        portion of the report required by sections 116(d)(7) and
        502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
        2151n(d)(7) and 2304(b)) relating to a summary of acts of anti-
        Semitism and anti-Semitic incitement around the world for
        inclusion in the annual country reports on human rights
        practices; and
            ``(3) coordinating and assisting in the preparation of that
        portion of the report required by section 102(b)(1)(C) of the
        International Religious Freedom Act of 1998 (22 U.S.C.
        6412(b)(1)(C)) relating to an assessment and description of the
        nature and extent of acts of anti-Semitism and anti-Semitic
        incitement that occur in foreign countries for inclusion in the
        annual international religious freedom report.
    ``(c) Consultations.--The Director of the Office shall consult with
domestic and international nongovernmental organizations and
multilateral organizations and institutions as the Director considers
appropriate to fulfill the purposes of this section.
    ``(d) Public Hearings and Evidence.--The Director of the Office may
hold public hearings take testimony, and receive evidence as the
Director considers appropriate.''.

SEC. 5. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION
              CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN COUNTRIES.

    (a) Inclusion in Country Reports on Human Rights Practices.--The
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
            (1) in section 116(d)(7) (22 U.S.C. 2151n(d)(7)), by
        striking the semicolon and inserting ``and a summary of acts of
        anti-Semitism and anti-Semitic incitement that occur in foreign
        countries, including descriptions of--
            ``(A) acts of physical violence against, or harassment of,
        Jewish people, and acts of violence against, or vandalism of,
        Jewish community institutions, including schools, synagogues,
        and cemeteries that occurred in foreign countries during the
        preceding year;
            ``(B) instances of propaganda in government and non-
        government media and other sources in foreign countries that
        attempt to justify or promote racial hatred or incite acts of
        violence against Jewish people;
            ``(C) the actions, if any, taken by the governments of such
        countries to respond to such violence and attacks or to
        eliminate such propaganda or incitement;
            ``(D) the actions taken by such governments to enact and
        enforce laws relating to the protection of the right to
        religious freedom of Jewish people; and
            ``(E) the efforts of such governments to promote anti-bias
        and tolerance education;''; and
            (2) in the fourth sentence of section 502B(b) (22 U.S.C.
        2304(b)), by inserting before the period the following: ``and a
        summary of acts of anti-Semitism and anti-Semitic incitement
        that occur in foreign countries, including the descriptions of
        such acts required under section 116(d)(7)''.
    (b) Inclusion in International Religious Freedom Report.--Section
102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1)) is amended--
            (1) by redesignating subparagraphs (C), (D), (E), and (F)
        as subparagraphs (D), (E), (F), and (G), respectively; and
            (2) by inserting after subparagraph (B) the following new
        subparagraph:
                    ``(C) Acts of anti-semitism.--An assessment and
                description of the nature and extent of acts of anti-
                Semitism and anti-Semitic incitement that occur in
                foreign countries, including descriptions of--
                            ``(i) acts of physical violence against, or
                        harassment of, Jewish people, and acts of
                        violence against, or vandalism of, Jewish
                        community institutions, including schools,
                        synagogues, and cemeteries that occurred in
                        foreign countries during the preceding year;
                            ``(ii) instances of propaganda in
                        government and non-government media and other
                        sources in foreign countries that attempt to
                        justify or promote racial hatred or incite acts
                        of violence against Jewish people;
                            ``(iii) the actions, if any, taken by the
                        governments of such countries to respond to
                        such violence and attacks or to eliminate such
                        propaganda or incitement;
                            ``(iv) the actions taken by such
                        governments to enact and enforce laws relating
                        to the protection of the right to religious
                        freedom of Jewish people; and
                            ``(v) the efforts of such governments to
                        promote anti-bias and tolerance education.''.
    (c) Effective Date of Inclusions.--The amendments made by
subsections (a) and (b) shall apply beginning with the first report
under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6312(b))
submitted more than one year after the date of the enactment of this
Act.

Summary: Global Anti-Semitism Awareness Act of 2004 - Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE). (2) the US delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism. And (3) the President should direct the United States Ambassador to the United Nations to introduce in the United Nations a measure condemning anti-Semitism. Amends the State Department Basic Authorities Act of 1956 to authorize and encourage the Secretary of State to establish within the Department of State an Office to Monitor and Combat anti-Semitism. Amends the Foreign Assistance Act of 1961 to include in the Department of State annual reports information on: (1) acts of anti-Semitism in foreign countries. And (2) governmental responses to such acts, including efforts to promote anti-bias education. Makes similar amendments to the International Religious Freedom Act of 1998.

To authorize the establishment within the Department of State of an Office to Monitor and Combat Anti-Semitism, to require inclusion in annual Department of State reports of information concerning acts of anti-Semitism around the world, and for other purposes.


SECTION 1. RENDERING ALIENS CONVICTED OF AN AGGRAVATED FELONY OR A
              FIREARM OFFENSE INADMISSIBLE.

    (a) In General.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
                    ``(H) Aggravated felony.--
                            ``(i) In general.--Any alien who is
                        convicted of an aggravated felony is
                        inadmissible.
                            ``(ii) Waiver authorized.--Clause (i) shall
                        not apply in the case of an alien with respect
                        to a criminal conviction if the alien
                        subsequent to the criminal conviction has been
                        granted a full and unconditional pardon by the
                        President of the United States or by the
                        Governor of any of the several States.
                    ``(I) Certain firearm offenses.--Any alien who is
                convicted under any law of purchasing, selling,
                offering for sale, exchanging, using, owning,
                possessing, or carrying, or of attempting or conspiring
                to purchase, sell, offer for sale, exchange, use, own,
                possess, or carry, any weapon, part, or accessory which
                is a firearm or destructive device (as defined in
                section 921(a) of title 18, United States Code) in
                violation of any law is inadmissible.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to convictions entered on or after the date of the enactment of
this Act.

SEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR CRIMINAL ALIENS
              UNLAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--Section 212(h) of the Immigration and Nationality
Act (8 U.S.C. 1182(h)) is amended by inserting before the final
sentence the following:
``No waiver shall be granted under this subsection in the case of any
alien who is present in the United States after the expiration of the
period of stay authorized by the Attorney General or is present in the
United States without being admitted or paroled if either the alien has
been convicted of an aggravated felony committed in the United States
or the alien has not resided continuously in the United States for a
period of not less than 7 years immediately preceding the date of
initiation of proceedings to remove the alien from the United
States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to waivers granted on or after the date of the enactment of this
Act.

SEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING OF GOOD MORAL
              CHARACTER FOR ALIENS WHO MAKE MISREPRESENTATIONS TO
              PROCURE BENEFITS FOR OTHERS.

    (a) Inadmissibility.--Section 212(a)(6)(C)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)) is amended by striking
``this Act'' and inserting ``this Act, for himself, herself, or any
other alien,''.
    (b) Ineligibility for Finding of Good Moral Character.--Section
101(f)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(f)(6))
is amended to read as follows:
            ``(6) one who, by fraud or willfully misrepresenting a
        material fact, has sought to procure or has procured a visa,
        other documentation, or admission into the United States or
        other benefit provided under this Act, for himself, herself, or
        any other alien;''.
    (c) Effective Date.--The amendments made by this section shall
apply to misrepresentations made on or after the date of the enactment
of this Act.

SEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF CANCELLATION
              OF REMOVAL UPON COMMISSION OF OFFENSE RENDERING ALIEN
              INADMISSIBLE OR DEPORTABLE.

    (a) In General.--Section 240A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking
``referred to in section 212(a)(2)''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to aliens who are in proceedings under the Immigration and
Nationality Act on or after the date of the enactment of this Act if
those proceedings have not resulted in a final administrative order
before such date.

SEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL
              DECISION.

    (a) Arrest and Detention.--
            (1) In general.--Section 236(c)(1) of the Immigration and
        Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
            (1) by striking the matter preceding subparagraph (A) and
        inserting the following:
            ``(1) Arrest and detention.--On a warrant issued by the
        Attorney General, an alien shall be arrested and detained
        pending a decision on whether the alien is to be removed from
        the United States if the Attorney General alleges that the
        alien--'';
            (2) in subparagraph (D), by striking the comma at the end
        and inserting a period; and
            (3) by striking the matter following subparagraph (D) and
        adding at the end the following:
        ``Nothing in this paragraph shall be construed as requiring the
        Attorney General to arrest or detain an alien who is sentenced
        to a term of imprisonment until the alien is released from
        imprisonment, but parole, supervised release, probation, or
        possibility of arrest or further imprisonment is not a reason
        for the Attorney General to defer arrest and detention under
        this paragraph.''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply to aliens who are in proceedings under the
        Immigration and Nationality Act on or after the date of the
        enactment of this Act if those proceedings have not resulted in
        a final administrative order before such date.
    (b) Release.--
            (1) In general.--Section 236(c)(2) of the Immigration and
        Nationality Act (8 U.S.C. 1226(c)(2)) is amended by adding at
        the end the following:
        ``The Attorney General may release an alien under this
        paragraph only on bond of at least $2,000 with security
        approved by, and containing conditions prescribed by, the
        Attorney General.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to releases occurring on or after the date of the
        enactment of this Act.

Summary: Limits the waiver of inadmissibility for certain criminal aliens unlawfully present in the United States. Makes an alien who has fraudulently misrepresented a material fact or obtained or sought to obtain immigration-related documents ineligible for a finding of good moral character under such Act. Revises provisions respecting: (1) termination of continuous presence for purposes of cancellation of removal for certain offenses. And (2) detention and release of criminal aliens pending removal decision.

To amend the Immigration and Nationality Act to improve provisions relating to inadmissibility and detention of, and cancellation of removal for, aliens who have committed crimes, and for other purposes.