SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Graduate
Opportunities in Higher Education Act of 2005''.
    (b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 2. JAVITS FELLOWSHIP PROGRAM.

    (a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is
amended by adding at the end the following new sentence: ``In the case
of other exceptional circumstances, such as active duty military
service or personal or family member illness, the institution of higher
education may also permit the fellowship recipient to interrupt periods
of study for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but without
payment of the stipend.''.
    (b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C.
1134a(a)(1)) is amended--
            (1) in the first sentence, by inserting ``from diverse
        geographic regions'' after ``higher education''; and
            (2) by adding at the end the following new sentence: ``The
        Secretary shall also assure that at least one representative
        appointed to the Board represents an institution that is
        eligible for a grant under title III or V of this Act.''.
    (c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended--
            (1) in subsection (a)--
                    (A) by striking ``1999-2000'' and inserting ``2006-
                2007'';
                    (B) by striking ``shall be set'' and inserting
                ``may be set''; and
                    (C) by striking ``Foundation graduate fellowships''
                and inserting ``Foundation Graduate Research Fellowship
                Program''; and
            (2) in subsection (b), by amending paragraph (1)(A) to read
        as follows:
            ``(1) In general.--(A) The Secretary shall (in addition to
        stipends paid to individuals under this subpart) pay to the
        institution of higher education, for each individual awarded a
        fellowship under this subpart at such institution, an
        institutional allowance. Except as provided in subparagraph
        (B), such allowance shall be, for 2006-2007 and succeeding
        academic years, the same amount as the institutional payment
        made for 2005-2006 adjusted for 2006-2007 and annually
        thereafter in accordance with inflation as determined by the
        Department of Labor's Consumer Price Index for the previous
        calendar year.''.
    (d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2006 and such sums as may be necessary for each of the 5
succeeding fiscal years''.

SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.

    (a) Designation of Areas of National Need; Priority.--Section 712
(20 U.S.C. 1135a) is amended--
            (1) in the last sentence of subsection (b)--
                    (A) by striking ``and an assessment'' and inserting
                ``an assessment''; and
                    (B) by inserting before the period at the end the
                following: ``, and the priority described in subsection
                (c) of this section''; and
            (2) by adding at the end the following new subsection:
    ``(c) Priority.--The Secretary shall establish a priority for
grants in order to prepare individuals for the professoriate who will
train highly-qualified elementary and secondary school teachers of
math, science, and special education, and teachers who provide
instruction for limited English proficient individuals. Such grants
shall offer program assistance and graduate fellowships for--
            ``(1) post-baccalaureate study related to teacher
        preparation and pedagogy in math and science for students who
        have completed a master's degree or are pursuing a doctorate of
        philosophy in math and science;
            ``(2) post-baccalaureate study related to teacher
        preparation and pedagogy in special education and English
        language acquisition and academic proficiency for limited
        English proficient individuals; and
            ``(3) support of dissertation research in the fields of
        math, science, special education, or second language pedagogy
        and second language acquisition.''.
    (b) Collaboration Required for Certain Applications.--Section
713(b) (20 U.S.C. 1135b) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following new
        paragraph:
            ``(10) in the case of an application for a grant by a
        department, program, or unit in education or teacher
        preparation, contain assurances that such department, program,
        or unit collaborates with departments, programs, or units in
        all content areas to assure a successful combination of
        training in both teaching and such content; and''.
    (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--
            (1) by striking ``1999-2000'' and inserting ``2006-2007'';
            (2) by striking ``shall be set'' and inserting ``may be
        set''; and
            (3) by striking ``Foundation graduate fellowships'' and
        inserting ``Foundation Graduate Research Fellowship Program''.
    (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
            (1) by striking ``1999-2000'' and inserting ``2006-2007'';
        and
            (2) by striking ``1998-1999'' and inserting ``2006-2007''.
    (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2006 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
    (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is
amended--
            (1) by striking ``section 716(a)'' and inserting ``section
        715(a)''; and
            (2) by striking ``section 714(b)(2)'' and inserting
        ``section 713(b)(2)''.

SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.

    (a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) to prepare such students for study at accredited law
        schools and assist them with the development of analytical
        skills and study methods to enhance their success and promote
        completion of law school;'';
            (2) by striking ``and'' at the end of paragraph (4);
            (3) by striking the period at the end of paragraph (5) and
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(6) to award Thurgood Marshall Fellowships to eligible
        law school students--
                    ``(A) who participated in summer institutes
                authorized by subsection (d) and who are enrolled in an
                accredited law school; or
                    ``(B) who are eligible law school students who have
                successfully completed a comparable summer institute
                program certified by the Council on Legal Educational
                Opportunity.''.
    (b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills and study
methods'' after ``courses''.
    (c) Authorization of Appropriations.--Section 721(h) (20 U.S.C.
1136(h)) is amended by striking ``1999 and each of the 4 succeeding
fiscal years'' and inserting ``2006 and each of the 5 succeeding fiscal
years''.
    (d) General Provisions.--Subsection (e) of section 731 (20 U.S.C.
1137(e)) is repealed.

SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

    (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) the encouragement of the reform and improvement of,
        and innovation in, postsecondary education and the provision of
        educational opportunity for all, especially for the non-
        traditional student populations;'';
            (2) in paragraph (2), by inserting before the semicolon at
        the end the following: ``for postsecondary students, especially
        those that provide academic credit for programs'';
            (3) by amending paragraph (3) to read as follows:
            ``(3) the establishment of institutions and programs based
        on the technology of communications, including delivery by
        distance education;''; and
            (4) by amending paragraph (6) to read as follows:
            ``(6) the introduction of institutional reforms designed to
        expand individual opportunities for entering and reentering
        postsecondary institutions and pursuing programs of
        postsecondary study tailored to individual needs;''.
    (b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is
amended by striking paragraph (4) and inserting the following:
            ``(4) International cooperation, partnerships, or student
        exchange among postsecondary educational institutions in the
        United States and abroad.
            ``(5) Establishment of academic programs including graduate
        and undergraduate courses, seminars and lectures, support of
        research, and development of teaching materials for the purpose
        of supporting faculty and academic programs that teach
        traditional American history (including significant
        constitutional, political, intellectual, economic, diplomatic,
        and foreign policy trends, issues, and documents; the history,
        nature, and development of democratic institutions of which
        American democracy is a part; and significant events and
        individuals in the history of the United States).
            ``(6) Support for planning, applied research, training,
        resource exchanges or technology transfers, the delivery of
        services, or other activities the purpose of which is to design
        and implement programs to enable institutions of higher
        education to work with private and civic organizations to
        assist communities to meet and address their pressing and
        severe problems, including economic development, community
        infrastructure and housing, crime prevention, education,
        healthcare, self sufficiency, and workforce preparation.''.
    (c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d)
is amended by striking ``$30,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the 4 succeeding fiscal years'' and
inserting ``$40,000,000 for fiscal year 2006 and such sums as may be
necessary for each of the 5 succeeding fiscal years'' .

SEC. 6. URBAN COMMUNITY SERVICE.

    Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.

SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES
              RECEIVE A QUALITY HIGHER EDUCATION.

    (a) Serving All Students With Disabilities.--Section 762(a) (20
U.S.C. 1140a(a)) is amended by striking ``students with learning
disabilities'' and inserting ``students with disabilities''.
    (b) Authorized Activities.--
            (1) Amendment.--Section 762(b)(2) is amended--
                    (A) in subparagraph (A), by inserting ``in order to
                improve retention and completion'' after
                ``disabilities'';
                    (B) by redesignating subparagraphs (B) and (C) as
                subparagraphs (C) and (E), respectively;
                    (C) by inserting after subparagraph (A) the
                following new subparagraph:
                    ``(B) Effective transition practices.--The
                development of innovative, effective, and efficient
                teaching methods and strategies to ensure the smooth
                transition of students with disabilities from high
                school to postsecondary education.''; and
                    (D) by inserting after subparagraph (C) (as
                redesignated by subparagraph (B) of this paragraph) the
                following new subparagraph:
                    ``(D) Distance learning.--The development of
                innovative, effective, and efficient teaching methods
                and strategies to provide faculty and administrators
                with the ability to provide accessible distance
                education programs or classes that would enhance access
                of students with disabilities to higher education,
                including the use of electronic communication for
                instruction and advisement.''.
            (2) Conforming amendment.--Section 762(b)(3) is amended by
        striking ``subparagraphs (A) through (C)'' and inserting
        ``subparagraphs (A) through (E)''.
    (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) a description of how such institution plans to
        address the activities allowed under this part;'';
            (2) by striking ``and'' at the end of paragraph (2);
            (3) by striking the period at the end of paragraph (3) and
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) a description of the extent to which an institution
        will work to replicate the best practices of institutions of
        higher education with demonstrated success in serving students
        with disabilities.''.
    (d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2006 and such sums as may be necessary for each of the 5
succeeding fiscal years''.

Summary: Graduate Opportunities in Higher Education Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise requirements and reauthorize appropriations for the following Graduate and Postsecondary Improvement Programs under title VII: (1) the Jacob K. Javits fellowship program. (2) the program of graduate assistance in areas of national need, (3) the Thurgood Marshall legal educational opportunity program, (4) the Fund for the Improvement of Postsecondary Education. And (5) demonstration projects to ensure that students with disabilities receive a quality higher education. Eliminates the Urban Community Service program and certain continuation awards.

To amend and extend title VII of the Higher Education Act of 1965.


TITLE I--NICODEMUS NATIONAL HISTORIC SITE

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the town of Nicodemus, in Kansas, has national
        significance as the only remaining western town established by
        African-Americans during the Reconstruction period following
        the Civil War;
            (2) the town of Nicodemus is symbolic of the pioneer spirit
        of African-Americans who dared to leave the only region they
        had been familiar with to seek personal freedom and the
        opportunity to develop their talents and capabilities; and
            (3) the town of Nicodemus continues to be a viable African-
        American community.
    (b) Purposes.--The purposes of this title are--
            (1) to preserve, protect, and interpret for the benefit and
        enjoyment of present and future generations, the remaining
        structures and locations that represent the history (including
        the settlement and growth) of the town of Nicodemus, Kansas;
        and
            (2) to interpret the historical role of the town of
        Nicodemus in the Reconstruction period in the context of the
        experience of westward expansion in the United States.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Historic site.--The term ``historic site'' means the
        Nicodemus National Historic Site established by section 103.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.

    (a) Establishment.--There is established the Nicodemus National
Historic Site in Nicodemus, Kansas.
    (b) Description.--
            (1) In general.--The historic site shall consist of the
        First Baptist Church, the St. Francis Hotel, the Nicodemus
        School District Number 1, the African Methodist Episcopal
        Church, and the Township Hall located within the approximately
        161.35 acres designated as the Nicodemus National Landmark in
        the Township of Nicodemus, Graham County, Kansas, as registered
        on the National Register of Historic Places pursuant to section
        101 of the National Historic Preservation Act (16 U.S.C. 470a),
        and depicted on a map entitled ``Nicodemus National Historic
        Site'', numbered 80,000 and dated August 1994.
            (2) Map and boundary description.--The map referred to in
        paragraph (1) and an accompanying boundary description shall be
        on file and available for public inspection in the office of
        the Director of the National Park Service and any other office
        of the National Park Service that the Secretary determines to
        be an appropriate location for filing the map and boundary
        description.

SEC. 104. ADMINISTRATION OF THE HISTORIC SITE.

    (a) In General.--The Secretary shall administer the historic site
in accordance with--
            (1) this title; and
            (2) the provisions of law generally applicable to units of
        the National Park System, including the Act entitled ``An Act
        to establish a National Park Service, and for other purposes'',
        approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of
        August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et
        seq.).
    (b) Cooperative Agreements.--To further the purposes specified in
section 101(b), the Secretary may enter into a cooperative agreement
with any interested individual, public or private agency, organization,
or institution.
    (c) Technical and Preservation Assistance.--
            (1) In general.--The Secretary may provide to any eligible
        person described in paragraph (2) technical assistance for the
        preservation of historic structures of, the maintenance of the
        cultural landscape of, and local preservation planning for, the
        historic site.
            (2) Eligible persons.--The eligible persons described in
        this paragraph are--
                    (A) an owner of real property within the boundary
                of the historic site, as described in section 103(b);
                and
                    (B) any interested individual, agency,
                organization, or institution that has entered into an
                agreement with the Secretary pursuant to subsection
                (b).

SEC. 105. ACQUISITION OF REAL PROPERTY.

    (a) In General.--Subject to subsection (b), the Secretary is
authorized to acquire by donation, exchange, or purchase with funds
made available by donation or appropriation, such lands or interests in
lands as may be necessary to allow for the interpretation,
preservation, or restoration of the First Baptist Church, the St.
Francis Hotel, the Nicodemus School District Number 1, the African
Methodist Episcopal Church, or the Township Hall, as described in
section 103(b)(1), or any combination thereof.
    (b) Limitations.--
            (1) Acquisition of property owned by the state of kansas.--
        Real property that is owned by the State of Kansas or a
        political subdivision of the State of Kansas that is acquired
        pursuant to subsection (a) may only be acquired by donation.
            (2) Consent of owner required.--No real property may be
        acquired under this section without the consent of the owner of
        the real property.

SEC. 106. GENERAL MANAGEMENT PLAN.

    (a) In General.--Not later than the last day of the third full
fiscal year beginning after the date of enactment of this Act, the
Secretary shall, in consultation with the officials described in
subsection (b), prepare a general management plan for the historic
site.
    (b) Consultation.--In preparing the general management plan, the
Secretary shall consult with an appropriate official of each of the
following:
            (1) The Nicodemus Historical Society.
            (2) The Kansas Historical Society.
            (3) Appropriate political subdivisions of the State of
        Kansas that have jurisdiction over all or a portion of the
        historic site.
    (c) Submission of Plan to Congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the plan
to--
            (1) the Committee on Energy and Natural Resources of the
        Senate; and
            (2) the Committee on Resources of the House of
        Representatives.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this title.

       TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT

SEC. 201. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the New Bedford National Historic Landmark District and
        associated historic sites as described in section 203(b) of
        this title, including the Schooner Ernestina, are National
        Historic Landmarks and are listed on the National Register of
        Historic Places as historic sites associated with the history
        of whaling in the United States;
            (2) the city of New Bedford was the 19th century capital of
        the world's whaling industry and retains significant
        architectural features, archival materials, and museum
        collections illustrative of this period;
            (3) New Bedford's historic resources provide unique
        opportunities for illustrating and interpreting the whaling
        industry's contribution to the economic, social, and
        environmental history of the United States and provide
        opportunities for public use and enjoyment; and
            (4) the National Park System presently contains no sites
        commemorating whaling and its contribution to American history.
    (b) Purposes.--The purposes of this title are--
            (1) to help preserve, protect, and interpret the resources
        within the areas described in section 203(b) of this title,
        including architecture, setting, and associated archival and
        museum collections;
            (2) to collaborate with the city of New Bedford and with
        local historical, cultural, and preservation organizations to
        further the purposes of the park established under this title;
        and
            (3) to provide opportunities for the inspirational benefit
        and education of the American people.

SEC. 202. DEFINITIONS.

    For the purposes of this title:
            (1) The term ``park'' means the New Bedford Whaling
        National Historical Park established by section 203.
            (2) The term ``Secretary'' means the Secretary of the
        Interior.

SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.

    (a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain districts structures, and relics located in New Bedford,
Massachusetts, and associated with the history of whaling and related
social and economic themes in America, there is established the New
Bedford Whaling National Historical Park.
    (b) Boundaries.--(1) The boundaries of the park shall be those
generally depicted on the map numbered NAR-P49-80000-4 and dated June
1994. Such map shall be on file and available for public inspection in
the appropriate offices of the National Park Service. In case of any
conflict between the descriptions set forth in subparagraphs (A)
through (D) and such map, such map shall govern. The park shall include
the following:
            (A) The area included within the New Bedford National
        Historic Landmark District, known as the Bedford Landing
        Waterfront Historic District, as listed within the National
        Register of Historic Places and in the Massachusetts State
        Register of Historic Places.
            (B) The National Historic Landmark Schooner Ernestina, with
        its home port in New Bedford.
            (C) The land along the eastern boundary of the New Bedford
        National Historic Landmark District over to the east side of
        MacArthur Drive from the Route 6 overpass on the north to an
        extension of School Street on the south.
            (D) The land north of Elm Street in New Bedford, bounded by
        Acushnet Avenue on the west, Route 6 (ramps) on the north,
        MacArthur Drive on the east, and Elm Street on the south.
    (2) In addition to the sites, areas and relics referred to in
paragraph (1) , the Secretary may assist in the interpretation and
preservation of each of the following:
            (A) The southwest corner of the State Pier.
            (B) Waterfront Park, immediately south of land adjacent to
        the State Pier.
            (C) The Rotch-Jones-Duff House and Garden Museum, located
        at 396 County Street.
            (D) The Wharfinger Building, located on Piers 3 and 4.
            (E) The Bourne Counting House, located on Merrill's Wharf.

SEC. 204. ADMINISTRATION OF PARK.

    (a) In General.--The park shall be administered by the Secretary in
accordance with this title and the provisions of law generally
applicable to units of the national park system, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3,
and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467).
    (b) Cooperative Agreements.--(1) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
    (2) Any payment made by the Secretary pursuant to a cooperative
agreement under this subsection shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this title, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all
funds made available to such project or the proportion of the increased
value of the project attributable to such funds as determined at the
time of such conversion, use, or disposal, whichever is greater.
    (c) Non-Federal Matching Requirements.--(1) Funds authorized to be
appropriated to the Secretary for the purposes of--
            (A) cooperative agreements under subsection (b) shall be
        expended in the ratio of one dollar of Federal funds for each
        four dollars of funds contributed by non-Federal sources; and
            (B) construction, restoration, and rehabilitation of
        visitor and interpretive facilities (other than annual
        operation and maintenance costs) shall be expended in the ratio
        of one dollar of Federal funds for each one dollar of funds
        contributed by non-Federal sources.
    (2) For the purposes of this subsection, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this title, any money so contributed. With the approval of
the Secretary, any donation of property, services, or goods from a non-
Federal source may be considered as a contribution of funds from a non-
Federal source for the purposes of this subsection.
    (d) Acquisition of Real Property.--For the purposes of the park,
the Secretary may acquire only by donation lands, interests in lands,
and improvements thereon within the park.
    (e) Other Property, Funds, and Services.--The Secretary may accept
donated funds, property, and services to carry out this title.

SEC. 205. GENERAL MANAGEMENT PLAN.

    Not later than the end of the second fiscal year beginning after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a general
management plan for the park and shall implement such plan as soon as
practically possible. The plan shall be prepared in accordance with
section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and
other applicable law.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Except as provided in subsection (b), there are
authorized to be appropriated such sums as may be necessary to carry
out annual operations and maintenance with respect to the park.
    (b) Exceptions.--In carrying out this title--
            (1) not more than $2,000,000 may be appropriated for
        construction, restoration, and rehabilitation of visitor and
        interpretive facilities, and directional and visitor
        orientation signage;
            (2) none of the funds authorized to be appropriated by this
        title may be used for the operation or maintenance of the
        Schooner Ernestina; and
            (3) not more than $50,000 annually of Federal funds may be
        used for interpretive and educational programs for the Schooner
        Ernestina pursuant to cooperative grants under section 204(b).

            Passed the Senate May 2, 1996.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.

Summary: TABLE OF CONTENTS: Title I: Nicodemus National Historic Site Title II: New Bedford National Historic Landmark District Title I: Nicodemus National Historic Site - Establishes the Nicodemus National Historic Site in Nicodemus, Kansas. Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning. And (2) acquire certain real property in connection with the Site. Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations. Title II: New Bedford National Historic Landmark District - Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park. And (2) non-Federal funds matching Federal funds for visitor and interpretive facilities . Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.

A bill to establish the Nicodemus National Historic Site and the New Bedford National Historic Landmark.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Credit Expansion Act''.

SEC. 2. ELIGIBILITY FOR FARM LOANS.

    (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1922(a)) is amended--
            (1) by striking ``(a) In General.--The'' and inserting the
        following:
    ``(a) In General.--
            ``(1) Eligibility requirements.--The'';
            (2) in the 1st sentence, by inserting after ``limited
        liability companies'' the following: ``, and such other legal
        entities as the Secretary deems appropriate,'';
            (3) in the 2nd sentence, by redesignating clauses (1)
        through (4) as clauses (A) through (D), respectively;
            (4) in each of the 2nd and 3rd sentences, by striking ``and
        limited liability companies'' each place it appears and
        inserting ``limited liability companies, and such other legal
        entities''; and
            (5) by adding at the end the following:
            ``(2) Special deeming rules.--
                    ``(A) Eligibility of certain operating-only
                entities.--An entity that is or will become only the
                operator of a family farm is deemed to meet the owner-
                operator requirements of paragraph (1) if the
                individuals that are the owners of the family farm own
                more than 50 percent (or such other percentage as the
                Secretary determines is appropriate) of the entity.
                    ``(B) Eligibility of certain embedded entities.--An
                entity that is an owner-operator described in paragraph
                (1), or an operator described in subparagraph (A) of
                this paragraph that is owned, in whole or in part, by
                other entities, is deemed to meet the direct ownership
                requirement imposed under paragraph (1) if at least 75
                percent of the ownership interests of each embedded
                entity of such entity is owned directly or indirectly
                by the individuals that own the family farm.''.
    (b) Conservation Loans.--Section 304(c) of such Act (7 U.S.C.
1924(c)) is amended by inserting after ``limited liability companies''
the following: ``, or such other legal entities as the Secretary deems
appropriate,''.
    (c) Farm Operating Loans.--Section 311(a) of such Act (7 U.S.C.
1941(a)) is amended--
            (1) by striking ``(a) In General.--The'' and inserting the
        following:
    ``(a) In General.--
            ``(1) Eligibility requirements.--The'';
            (2) in the 1st sentence, by inserting after ``limited
        liability companies'' the following: ``, and such other legal
        entities as the Secretary deems appropriate,'';
            (3) in the 2nd sentence, by redesignating clauses (1)
        through (4) as clauses (A) through (D), respectively;
            (4) in each of the 2nd and 3rd sentences, by striking ``and
        limited liability companies'' each place it appears and
        inserting ``limited liability companies, and such other legal
        entities''; and
            (5) by adding at the end the following:
            ``(2) Special deeming rule.--An entity that is an operator
        described in paragraph (1) that is owned, in whole or in part,
        by other entities, is deemed to meet the direct ownership
        requirement imposed under paragraph (1) if at least 75 percent
        of the ownership interests of each embedded entity of such
        entity is owned directly or indirectly by the individuals that
        own the family farm.''.
    (d) Emergency Loans.--Section 321(a) of such Act (7 U.S.C. 1961(a))
is amended--
            (1) by striking ``owner-operators (in the case of loans for
        a purpose under subtitle A) or operators (in the case of loans
        for a purpose under subtitle B)'' each place it appears and
        inserting ``(in the case of farm ownership loans in accordance
        with subtitle A) owner-operators or operators, or (in the case
        of loans for a purpose under subtitle B) operators'';
            (2) by inserting after ``limited liability companies'' the
        1st place it appears the following: ``, or such other legal
        entities as the Secretary deems appropriate''; and
            (3) by inserting after ``limited liability companies'' the
        2nd place it appears the following: ``, or other legal
        entities'';
            (4) by striking ``and limited liability companies,'' and
        inserting ``limited liability companies, and such other legal
        entities'';
            (5) by striking ``ownership and operator'' and inserting
        ``ownership or operator''; and
            (6) by adding at the end the following: ``An entity that is
        an owner-operator or operator described in this subsection is
        deemed to meet the direct ownership requirement imposed under
        this subsection if the entity is owned, in whole or in part, by
        other entities and each individual that is an owner of the
        family farm involved has a direct or indirect ownership
        interest in each of the other entities.''.
    (e) Conforming Amendments.--
            (1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by
        striking ``paragraphs (1) and (2) of section 302(a)'' and
        inserting ``subparagraphs (A) and (B) of section 302(a)(1)''.
            (2) Section 310D of such Act (7 U.S.C. 1934) is amended--
                    (A) by inserting after ``partnership'' the
                following: ``, or such other legal entities as the
                Secretary deems appropriate,''; and
                    (B) by inserting after ``partners'' the following:
                ``, or owners,''.
            (3) Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11))
        is amended--
                    (A) by inserting after ``joint operation,'' the 1st
                place it appears the following: ``or such other legal
                entity as the Secretary deems appropriate,'';
                    (B) by striking ``or joint operators'' each place
                it appears and inserting ``joint operators, or
                owners''; and
                    (C) by inserting after ``joint operation,'' each
                other place it appears the following: ``or such other
                legal entity,''.
            (4) Section 359(b)(2) of such Act (7 U.S.C. 2006a(b)(2)) is
        amended by striking ``section 302(a)(2) or 311(a)(2)'' and
        inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.

Summary: Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Deems an entity that is an owner-operator or operator to meet the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities.

To amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Warren Weinstein Hostage Rescue
Act''.

SEC. 2. NATIONAL SECURITY COUNCIL COMMITTEE ON HOSTAGE RECOVERY.

    (a) Establishment.--Section 101 of the National Security Act of
1947 (50 U.S.C. 3021) is amended by adding at the end the following new
subsection:
    ``(m) Committee on Hostage Recovery.--(1) There is established
within the National Security Council a committee to be known as the
Committee on Hostage Recovery (in this subsection referred to as the
`Committee').
    ``(2) The Committee shall consist of the following members (or
designees):
            ``(A) An individual who is appointed by the President to
        serve as chair of the Committee.
            ``(B) The Secretary of State.
            ``(C) The Secretary of the Treasury.
            ``(D) The Secretary of Defense.
            ``(E) The Attorney General.
            ``(F) The Director of the Federal Bureau of Investigation.
            ``(G) The Director of National Intelligence.
            ``(H) The Chairman of the Joint Chiefs of Staff.
            ``(I) The Assistant to the President for National Security
        Affairs.
    ``(3) The functions of the Committee shall include--
            ``(A) coordinating among the departments and agencies of
        the Federal Government and coordinating among the United States
        and the allies of the United States regarding retrieval of
        United States person hostages;
            ``(B) coordinating with the Interagency Fusion Cell on
        Hostage Recovery;
            ``(C) developing strategies and guidelines for hostage
        retrieval and analyzing all options and methods of rescue;
            ``(D) developing policies and procedures to effectively
        share information between departments and agencies of the
        Federal Government responsible for activities relating to
        hostage rescue; and
            ``(E) developing a strategy to keep family members of
        United States person hostages informed of the status of such
        hostages and inform such family members of updates, procedures,
        and policies that do not compromise the national security of
        the United States.
    ``(4) The chair of the Committee may not have duties or
responsibilities in the Federal Government other than such duties or
responsibilities relating to serving as the chair of the Committee.
    ``(5)(A) On a quarterly basis, the Committee shall submit to the
appropriate congressional committees and the members of Congress
described in subparagraph (B) a report that includes a summary of--
            ``(i) the general activities of the Committee and the
        Interagency Fusion Cell on Hostage Recovery during the period
        covered by the report; and
            ``(ii) specific actions conducted during such period by the
        Committee and the Interagency Fusion Cell on Hostage Recovery
        with respect to United States person hostages.
    ``(B) The members of Congress described in this subparagraph are,
with respect to a United States person hostage covered by a report
under subparagraph (A), the Senators representing the State, and the
Member, Delegate, or Resident Commissioner of the House of
Representatives representing the district, that includes the United
States person hostage.
    ``(C) Each report under subparagraph (A) may be submitted in
classified form.
    ``(6) In this subsection:
            ``(A) The term `Interagency Fusion Cell on Hostage
        Recovery' means the Interagency Fusion Cell on Hostage Recovery
        established by section 119C of this Act.
            ``(B) The term `United States person hostage' means a
        citizen of the United States or an alien lawfully admitted for
        permanent residence (as defined in section 101(a)(20) of the
        Immigration and Nationality Act) who has been abducted or is
        suspected of having been abducted outside of the United States
        or is being held outside of the United States.''.
    (b) Sense of Congress.--It is the sense of Congress that the
President should appoint a Special Advisor on Hostage Affairs who--
            (1) serves as the chair of the Committee on Hostage
        Recovery of the National Security Council;
            (2) has extensive experience in foreign policy,
        counterterrorism, and hostage recovery; and
            (3) serves (or the designee of the Special Advisor serves)
        as a primary liaison between the Federal Government and the
        family of a United States person hostage (as defined in
        subsection (m) of section 101 of the National Security Act of
        1947 (50 U.S.C. 3021), as added by subsection (a) of this
        section).
    (c) Rule of Construction.--Nothing in this section, or the
amendment made by this section, shall be construed as authorizing the
Federal Government to negotiate with a state sponsor of terrorism or an
organization that the Secretary of State has designated as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).

SEC. 3. INTERAGENCY GROUP ON HOSTAGES.

    (a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by adding at the end the following:

``SEC. 119C. INTERAGENCY GROUP ON HOSTAGES.

    ``(a) Establishment.--There is established an interagency group on
hostages to be known as the `Interagency Fusion Cell on Hostage
Recovery'.
    ``(b) Director.--The chair of the Committee on Hostage Recovery
established by section 101(m) of this Act shall serve as the director
of the Interagency Fusion Cell on Hostage Recovery.
    ``(c) Duties.--The Interagency Fusion Cell on Hostage Recovery
shall execute the strategies regarding hostage retrieval of the
Committee on Hostage Recovery.
    ``(d) Elements.--The Interagency Fusion Cell on Hostage Recovery
shall be composed of officials of the following departments or agencies
of the Federal Government who are proficient in hostage recovery
strategy:
            ``(1) The Department of State.
            ``(2) The Department of the Treasury.
            ``(3) The Department of Defense.
            ``(4) The Federal Bureau of Investigation.
            ``(5) The Office of the Director of National Intelligence.
    ``(e) Reporting.--The Interagency Fusion Cell on Hostage Recovery
shall report to the Committee on Hostage Recovery.''.
    (b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 119B the
following new item:

``Sec. 119C. Interagency group on hostages.''.

Summary: Warren Weinstein Hostage Rescue Act This bill amends the National Security Act of 1947 to establish: (1) the Committee on Hostage Recovery within the National Security Council (NSC), and (2) the Interagency Fusion Cell on Hostage Recovery which shall execute the Committee's hostage retrieval strategies. The Committee's functions shall include: coordinating retrieval of US hostages among federal departments and agencies and among the United States and its allies, coordinating with the Interagency Fusion Cell on Hostage Recovery, developing hostage retrieval strategies and guidelines, developing information sharing policies and procedures. And developing a strategy to keep family members of US hostages informed, and policies that do not compromise US national security. It is the sense of Congress that the President should appoint a Special Advisor on Hostage Affairs who: (1) serves as the chair of the NSC Committee on Hostage Recovery, (2) has extensive foreign policy, counterterrorism, and hostage recovery experience, and. (3) serves as a primary liaison between the federal government and the family of a US hostage. Nothing in this Act shall be construed as authorizing the federal government to negotiate with a state sponsor of terrorism or a foreign terrorist organization.

Warren Weinstein Hostage Rescue Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Emergency and Enforcement
Authority Act''.

SEC. 2. EMERGENCY ORDERS RELATED TO COMPLIANCE DURING AN EMERGENCY.

    Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(k) is amended--
            (1) in paragraph (2)(A)(iii)--
                    (A) in subclause (I), by striking ``; or'' and
                inserting a semicolon;
                    (B) in subclause (II), by striking the period and
                inserting ``; or''; and
                    (C) by inserting after subclause (II) the
                following:
                                    ``(III) the ability of investors,
                                issuers, brokers or dealers, transfer
                                agents, investment advisers, or other
                                market participants to conduct
                                securities activities or comply with
                                filing, reporting, delivery, or other
                                obligations under the securities laws
                                in a timely, orderly, or efficient
                                manner.''; and
            (2) in paragraph (7)(A)(ii)--
                    (A) in subclause (I), by striking ``; or'' and
                inserting a semicolon;
                    (B) in subclause (II), by striking ``; and'' and
                inserting ``; or''; and
                    (C) by inserting after subclause (II) the
                following:
                                    ``(III) the ability of investors,
                                issuers, brokers or dealers, transfer
                                agents, investment advisers, or other
                                market participants to conduct
                                securities activities or comply with
                                filing, reporting, delivery, or other
                                obligations under the securities laws
                                in a timely, orderly, or efficient
                                manner; and''.

SEC. 3. NATIONWIDE SERVICE OF PROCESS.

    (a) Securities Act of 1933.--Section 22(a) of the Securities Act of
1933 (15 U.S.C. 77v(a)) is amended by inserting after the second
sentence the following: ``In any action or proceeding instituted by the
Commission under this title in a United States district court for any
judicial district, subpoenas issued by or on behalf of such court to
compel the attendance of witnesses or the production of documents or
tangible things (or both) may be served in any other district. Such
subpoenas may be served and enforced without application to the court
or a showing of cause, notwithstanding the provisions of rule 45(b)(2),
(c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil
Procedure.''.
    (b) Securities Exchange Act of 1934.--Section 27 of the Securities
Exchange Act of 1934 (15 U.S.C. 78aa) is amended by inserting after the
third sentence the following: ``In any action or proceeding instituted
by the Commission under this title in a United States district court
for any judicial district, subpoenas issued by or on behalf of such
court to compel the attendance of witnesses or the production of
documents or tangible things (or both) may be served in any other
district. Such subpoenas may be served and enforced without application
to the court or a showing of cause, notwithstanding the provisions of
rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules
of Civil Procedure.''.
    (c) Investment Company Act of 1940.--Section 44 of the Investment
Company Act of 1940 (15 U.S.C. 80a-43) is amended by inserting after
the fourth sentence the following: ``In any action or proceeding
instituted by the Commission under this title in a United States
district court for any judicial district, subpoenas issued by or on
behalf of such court to compel the attendance of witnesses or the
production of documents or tangible things (or both) may be served in
any other district. Such subpoenas may be served and enforced without
application to the court or a showing of cause, notwithstanding the
provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the
Federal Rules of Civil Procedure.''.
    (d) Investment Advisers Act of 1940.--Section 214 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-14) is amended by inserting after
the third sentence the following: ``In any action or proceeding
instituted by the Commission under this title in a United States
district court for any judicial district, subpoenas issued by or on
behalf of such court to compel the attendance of witnesses or the
production of documents or tangible things (or both) may be served in
any other district. Such subpoenas may be served and enforced without
application to the court or a showing of cause, notwithstanding the
provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the
Federal Rules of Civil Procedure.''.

Summary: Enhanced Emergency and Enforcement Authority Act - Amends the Securities Exchange Act of 1934 to empower the Securities and Exchange Commission (SEC) to reduce, eliminate, or prevent substantial disruption by an emergency of the ability of market participants to conduct securities activities or comply with obligations under the securities laws in a timely, orderly, or efficient manner. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to provide that, in any action or proceeding instituted by the SEC in federal district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things may be served in any other district .

To provide additional emergency and enhanced enforcement authority to the Securities and Exchange Commission.


SECTION 1. ESTABLISHMENT OF BOARD OF INQUIRY.

    (a) Establishment.--There is hereby established the Board of
Inquiry into the September 11, 2001, Terrorist Attacks (in this Act
referred to as the ``Board'').
    (b) Membership.--
            (1) Composition.--The Board shall be composed of 12 members
        of whom--
                    (A) four shall be appointed by the President;
                    (B) two shall be appointed by the Majority Leader
                of the Senate, of whom--
                            (i) one shall be a Senator; and
                            (ii) one shall be from private life;
                    (C) two shall be appointed by the Minority Leader
                of the Senate, of whom--
                            (i) one shall be a Senator; and
                            (ii) one shall be from private life;
                    (D) two shall be appointed by the Speaker of the
                House of Representatives, of whom--
                            (i) one shall be a Member of the House of
                        Representatives; and
                            (ii) one shall be from private life; and
                    (E) two shall be appointed by the Minority Leader
                of the House of Representatives, of whom--
                            (i) one shall be a Member of the House of
                        Representatives; and
                            (ii) one shall be from private life.
            (2) Qualifications of individuals appointed from private
        life.--The members of the Board appointed from private life
        under paragraph (1) shall be individuals who have demonstrated
        ability and accomplishment in government, business, law, higher
        education, or another appropriate profession and who have a
        substantial background in national security matters.
            (3) Date.--The appointments of the members of the Board
        shall be made not later than thirty days after the date of the
        enactment of this Act.
    (c) Period of Appointment; Vacancies.--Members of the Board shall
be appointed for the life of the Board. Any vacancy in the Board shall
not affect its powers, but shall be filled in the same manner as the
original appointment.
    (d) Chairman and Vice Chairman.--The Board shall select a Chairman
and Vice Chairman from among its members.
    (e) Meetings.--
            (1) In general.--The Board shall meet at the call of the
        Chairman.
            (2) Initial meeting.--Not later than fifteen days after the
        date on which all members of the Board have been appointed, the
        Board shall hold its first meeting.
    (f) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold hearings,
take testimony, or receive evidence.

SEC. 2. DUTIES OF BOARD.

    The Board shall conduct a thorough study of matters relating to the
September 11, 2001, terrorist attacks on the World Trade Centers in New
York and the Pentagon, and the hijackings which proceeded the attacks,
to determine what systemic problems in the collection, analysis, or
dissemination of intelligence, or other systemic problems in the
intelligence, law enforcement, and other elements of the Federal
Government with responsibility for intelligence-related matters or
counter-terrorism, need to be corrected to prevent further terrorist
attacks on the United States.

SEC. 3. REPORTS.

    (a) Initial Report on Plan for Work.--Not later than 30 days after
the first meeting of the Board under section 1, the Board shall submit
to Congress a report setting for a plan for the work of the Board under
this Act.
    (b) Preliminary Report.--Not later than six months after the date
of the first meeting of the Board, the Board shall submit to Congress a
report on the work of the Board under this Act as of the date of such
report, together with any preliminary findings of the Board as of the
date of such report.
    (c) Final Report.--Not later than one year after the first meeting
of the Board, the Board shall submit to Congress a final report on the
work of the Board under this Act. The report shall contain a detailed
statement of the findings and conclusions of the Board, together with
its recommendations for such legislation and administrative actions as
it considers appropriate.
    (d) Form of Reports.--Each report under this section shall be
submitted in unclassified form, but may include a classified annex.

SEC. 4. POWERS OF BOARD.

    (a) Hearings.--The Board or, at its direction, any subcommittee or
member of the Board may, for the purpose of carrying out this Act--
            (1) hold such hearings, sit and act at such times and
        places, take such testimony, receive such evidence, administer
        such oaths; and
            (2) require, by subpoena or otherwise, the attendance and
        testimony of such witnesses and the production of such books,
        records, correspondence, memoranda, papers, documents, tapes,
        and materials as the Board or such subcommittee or member
        considers advisable.
    (b) Issuance and Enforcement of Subpoenas.--
            (1) Issuance.--Subpoenas under subsection (a) shall be
        issued in accordance with such procedures as the Board shall
        establish, shall bear the signature of the Chairman of the
        Board, and shall be served by any person or class of persons
        designated by the Chairman for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to
        obey a subpoena issued under subsection (a), the United States
        district court for the judicial district in which the
        subpoenaed person resides, is served, or may be found may issue
        an order requiring such person to appear at any designated
        place to testify or to produce documentary or other evidence.
        Any failure to obey the order of the court may be punished by
        the court as a contempt that court.
    (c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or subpoenaed to appear
at any hearing of the Board. The per diem and mileage allowances for
witnesses shall be paid from funds available to pay the expenses of the
Board.
    (d) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out this Act. Upon request of the
Chairman of the Board, the head of such department or agency shall
furnish such information to the Board.
    (e) Postal Services.--The Board may use the United States mails in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
    (f) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.

SEC. 5. PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Board who is not
an officer or employee of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Board. All members of the Board who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
    (b) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
    (c) Staff.--
            (1) In general.--The Chairman of the Board may, without
        regard to the civil service laws and regulations, appoint and
        terminate an executive director and such other additional
        personnel as may be necessary to enable the Board to perform
        its duties. The employment of an executive director shall be
        subject to confirmation by the Board.
            (2) Compensation.--The Chairman of the Board may fix the
        compensation of the executive director and other personnel
        without regard to chapter 51 and subchapter III of chapter 53
        of title 5, United States Code, relating to classification of
        positions and General Schedule pay rates, except that the rate
        of pay for the executive director and other personnel may not
        exceed the rate payable for level V of the Executive Schedule
        under section 5316 of such title.
    (d) Security Clearances.--
            (1) Requirement for access to classified information.--
        Members and staff of the Board may not have access to
        classified information unless such individuals possess a
security clearance appropriate for access to such information.
            (2) Expedited investigations.--The Attorney General shall
        take appropriate actions to ensure that the investigation
        required to issue a security clearance appropriate for the work
        of the Board to any member of the Board appointed from private
        life who does not possess such security clearance is completed
        not later than 60 days after the date of the appointment of
        such member to the Board.
    (e) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
    (f) Procurement of Temporary and Intermittent Services.--The
Chairman of the Board may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.

SEC. 6. APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS.

    (a) Laws Relating to Classified Information.--All laws, executive
orders, regulations, and other rules governing the protection of
classified information, including laws, executive orders, regulations,
and other rules prohibiting the unauthorized release of classified
information, shall apply to the members and staff of the Board with
respect to any information obtained, examined, or otherwise reviewed by
the Board under this Act.
    (b) FACA.--The provisions of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the activities of the Board under this
Act.
    (c) Records Laws.--
            (1) FOIA.--Subject to paragraph (2), the provisions of
        section 552 of title 5, United States Code (commonly referred
        to as the ``Freedom of Information Act''), shall not apply to
        the activities of the Board under this Act.
            (2) Limitation.--Upon transfer to the National Archives and
        Records Administration, any records, documents, or other papers
        of the Board shall be subject to the provisions of section 552
        of title 5, United States Code.
            (3) Federal records act.--The provisions of title 44,
        United States Code, shall apply to the records, documents, and
        other papers of the Board under this Act.

SEC. 7. TERMINATION OF BOARD.

    The Board shall terminate 30 days after the date on which the Board
submits its final report under section 3(c).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $1,500,000
for fiscal year 2002 to the Board to carry out this Act.
    (b) Availability.--Any sums appropriated under the authorization of
appropriations in subsection (a) shall remain available, without fiscal
year limitation, until expended.

Summary: Establishes the Board of Inquiry into the September 11, 2001, Terrorist Attacks. Directs the Board to study matters relating to the attacks on the World Trade Centers in New York and the Pentagon and the hijackings which preceded the attacks to determine what systemic problems in the collection, analysis, or dissemination of intelligence or in the intelligence, law enforcement, and other elements of the Government with responsibility for intelligence-related matters or counter-terrorism need to be corrected to prevent further attacks.

A bill to establish a board if inquiry to review the activities of United States intelligence, law enforcement, and other agencies leading up to the terrorist attacks of September 11, 2001.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veteran Employment Transition Act of
2010''.

SEC. 2. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED
              VETERANS.

    (a) In General.--Subparagraph (A) of section 51(d)(3) of the
Internal Revenue Code of 1986 is amended by striking ``means any
veteran'' and all that follows and inserting ``means any recently
discharged veteran and any disadvantaged veteran.''
    (b) Recently Discharged Veteran; Disadvantaged Veteran.--Paragraph
(3) of section 51(d) of the Internal Revenue Code of 1986 is amended--
            (1) by redesignating subparagraphs (B) and (C) as
        subparagraphs (D) and (E), respectively, and
            (2) by inserting after subparagraph (A) the following new
        subparagraphs:
                    ``(B) Recently discharged veteran.--For purposes of
                subparagraph (A), the term `recently discharged
                veteran' means--
                            ``(i) any individual who has served on
                        active duty (other than active duty for
                        training) in the Armed Forces of the United
                        States for more than 180 total days (whether
                        consecutive or not),
                            ``(ii) any individual who has been
                        discharged or released from active duty in the
                        Armed Forces of the United States for a
                        service-connected disability, and
                            ``(iii) any member of the National Guard
                        who has served for more than 180 total days
                        (whether consecutive or not) of--
                                    ``(I) active duty (within the
                                meaning of title 32, United States
                                Code) other than for training,
                                    ``(II) full-time National Guard
                                duty (within the meaning of such title
                                32) other than for training,
                                    ``(III) duty, other than inactive
                                duty or duty for training, in State
                                status (within the meaning of such
                                title 32), or
                                    ``(IV) any combination of duty
                                described in subclause (I), (II), or
                                (III),
                who has been discharged or released from such duty at
                any time during the 5-year period ending on the hiring
                date. Such term shall not include any unemployed
                veteran who begins work for the employer before the
                date of the enactment of the Veteran Employment
                Transition Act of 2010.
                    ``(C) Disadvantaged veteran.--For purposes of
                subparagraph (A), the term `disadvantaged veteran'
                means any veteran who is certified by the designated
                local agency as--
                            ``(i) being a member of a family receiving
                        assistance under a supplemental nutrition
                        assistance program under the Food and Nutrition
                        Act of 2008 for at least a 3-month period
                        ending during the 12-month period ending on the
                        hiring date, or
                            ``(ii) entitled to compensation for a
                        service-connected disability, and--
                                    ``(I) having a hiring date which is
                                not more than 1 year after having been
                                discharged or released from active duty
                                in the Armed Forces of the United
                                States, or
                                    ``(II) having aggregate periods of
                                unemployment during the 1-year period
                                ending on the hiring date which equal
                                or exceed 6 months.''.
    (c) Conforming Amendments.--Section 51 of the Internal Revenue Code
of 1986 is amended--
            (1) by striking ``(d)(3)(A)(ii)'' in paragraph (3) of
        subsection (b) and inserting ``(d)(3)(C)(ii)'',
            (2) by striking ``For purposes of subparagraph (A)'' each
        place it appears in subparagraphs (D) and (E) of subsection
        (d)(3), as redesignated by subsection (b), and inserting ``For
        purposes of subparagraph (C)'',
            (3) by adding at the end of paragraph (13) of subsection
        (d) the following new subparagraph:
                    ``(D) Pre-screening of recently discharged
                veterans.--
                            ``(i) In general.--For purposes of
                        subparagraph (A), the term `pre-screening
                        notice' shall include any documentation
                        provided to an individual by the Department of
                        Defense or the National Guard upon release or
                        discharge from the Armed Forces or from service
                        in the National Guard which includes
                        information sufficient to establish that such
                        individual is a recently discharged veteran.
                            ``(ii) Additional certification not
                        required.--Subparagraph (A) shall be applied
                        without regard to clause (ii)(II) thereof in
                        the case of a recently discharged veteran who
                        provides to the employer documentation
                        described in clause (i).'',
            (4) by inserting ``who begins work for the employer after
        December 31, 2008, and before the date of the enactment of the
        Veteran Employment Transition Act of 2010,'' after ``Any
        unemployed veteran'' in subparagraph (A) of subsection (d)(14),
        and
            (5) by inserting a comma after ``during 2009 or 2010'' in
        subparagraph (A) of subsection (d)(14).
    (d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply to individuals whose hiring date (as defined in
section 51(d)(11) of the Internal Revenue Code of 1986) is on or after
the date of the enactment of this Act.
    (e) Department of Defense Documentation.--
            (1) In general.--The Department of Defense and the National
        Guard, as applicable, shall provide--
                    (A) to each individual who is discharged or
                released from active duty in the Armed Forces of the
                United States on or after the date of the enactment of
                this Act; and
                    (B) to each member of the National Guard who is
                released from duty described in section
                51(d)(3)(B)(iii) of the Internal Revenue Code of 1986
                (as added by this Act) on or after the date of the
                enactment of this Act;
        in addition to the documentation which, without regard to this
        subsection, is provided at the time of such discharge or
        release, documentation described in paragraph (4). If the
        documentation which is provided without regard to this
        subsection at the time of the discharge or release described in
        the preceding sentence does not include information sufficient
        to satisfy the requirements of section 51(d)(13)(D)(i) of the
        Internal Revenue Code of 1986 (as added by this Act), the
        Department of Defense or the National Guard, whichever is
        applicable, shall provide additional documentation which
        includes such information.
            (2) Informational briefing.--In the case of an individual
        who is discharged or released from duty described in
        subparagraph (A) or (B) of paragraph (1) after the date of the
        enactment of this Act, the Department of Defense or the
        National Guard, whichever is applicable, shall provide a
        briefing to such individual before or at the time of such
        discharge or release to inform such individual of the credit
        for employment of recently discharged veterans under section 51
        of the Internal Revenue Code of 1986.
            (3) Request for documentation.--The Department of Defense
        or the National Guard, whichever is applicable, shall provide
        upon request the documentation described in paragraph (1) to
        any individual who is discharged or released from duty
        described in subparagraph (A) or (B) of paragraph (1) during
        the 5-year period preceding and including the date of the
        enactment of this Act.
            (4) Instructions for use of work opportunity credit.--The
        documentation described in this paragraph is a document which
        includes--
                    (A) instructions for an individual to ensure
                treatment as a recently discharged veteran for purposes
                of section 51(d)(3)(B) of the Internal Revenue Code of
                1986 (as added by this Act),
                    (B) instructions for employers detailing the use of
                the credit under such section 51 with respect to such
                individual, and
                    (C) the dates during which the credit under such
                section 51 is available.
        Such instructions shall be developed in collaboration with the
        Internal Revenue Service.

Summary: Veteran Employment Transition Act of 2010 - Amends the Internal Revenue Code to revise the definition of qualified veteran for purposes of the work opportunity tax credit to mean recently discharged veterans and disadvantaged veterans. Defines recently discharged veteran to mean: (1) any individual who has served on active duty in the Armed Forces for more than 180 total days. (2) any individual who has been discharged or released from active duty for a service-connected disability. And (3) any member of the National Guard who has served for more than 180 total days in active duty, full-time National Guard duty, or duty in state status. Defines disadvantaged veteran as any veteran who is certified as being a member of a family receiving assistance under a supplemental nutrition assistance program and is entitled to compensation for a service-connected disability. Requires the Department of Defense (DOD) and the National Guard to inform military personnel who are discharged or released from active duty of the work opportunity tax credit and provide them with documentation relating to eligibility for and use of such credit.

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit to certain recently discharged veterans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caroline Pryce Walker Conquer
Childhood Cancer Reauthorization Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Every year, 13,500 children in the United States are
        diagnosed with cancer.
            (2) While the cure rates for some childhood cancers are now
        over 80 percent, the survival rates for many types of cancers
        in children remain extremely low.
            (3) According to the Centers for Disease Control and
        Prevention, cancer continues to be the leading cause of death
        by disease in children and adolescents under the age of 14.
            (4) There are currently more than 360,000 childhood cancer
        survivors living in the United States.
            (5) As many as two-thirds of childhood cancer survivors
        experience at least one long-term health effect of their cancer
        treatment, including secondary malignancies, cardiopulmonary
        damage, physical and intellectual developmental impairments,
        endocrine disorders, and others.
            (6) Collection of biospecimens and clinical and demographic
        data on the maximum possible number of children with cancer in
        the United States is necessary to improve childhood cancer
        treatments and cures. Currently biospecimens and some
        demographic data are collected for less than half of children
        with cancer.

SEC. 3. COMPREHENSIVE CHILDREN'S CANCER BIOREPOSITORIES.

    (a) In General.--Section 417E of the Public Health Service Act (42
U.S.C. 285a-11) is amended--
            (1) by redesignating subsections (c) and (d) as subsections
        (k) and (l), respectively;
            (2) by striking subsections (a) and (b) and inserting the
        following:
    ``(a) Comprehensive Children's Cancer Biorepositories.--The
Secretary, acting through the Director of NIH, may make an award for a
duration of at least 5 years to an entity or entities described in
subsection (d) to build upon existing initiatives to collect
biospecimens and clinical and demographic information for at least 90
percent of all children, adolescents, and young adults with cancer in 1
or more Comprehensive Children's Cancer Biorepositories to achieve a
better understanding of the cause of such cancers and the effects of
treatments for such cancers.
    ``(b) Use of Funds.--Amounts received under the award under
subsection (a) may be used to carry out the following:
            ``(1) Prospectively acquire, preserve, and store high-
        quality, donated biospecimens and associated clinical and
        demographic information on children, adolescents, and young
        adults diagnosed with cancer in the United States.
            ``(2) Maintain a secure searchable database on stored
        biospecimens and associated clinical and demographic data from
        children, adolescents, and young adults with cancer for the
        conduct of research by scientists and qualified health care
        professionals.
            ``(3) Establish procedures for evaluating applications for
        access to such biospecimens and clinical and demographic data
        from researchers and other qualified health care professionals.
            ``(4) Make available and distribute biospecimens and
        clinical and demographic data from children, adolescents, and
        young adults with cancer to researchers and qualified health
        care professionals for peer-reviewed research at a minimal
        cost.
    ``(c) No Requirement.--No child, adolescent, or young adult with
cancer shall be required to contribute a specimen to a Biorepository or
share clinical or demographic data.
    ``(d) Application; Considerations.--
            ``(1) Application.--To be eligible to receive an award
        under subsection (a) an entity shall submit an application to
        the Secretary at such a time, in such a manner, and containing
        such information as the Secretary may reasonably require.
            ``(2) Considerations.--In evaluating the applications in
        paragraph (1), the Secretary shall consider the existing
        infrastructure of the entity that would allow for the timely
        capture of biospecimens and related clinical and demographic
        information for children, adolescents, and young adults with
        cancer.
    ``(e) Privacy Protections; Consent.--
            ``(1) In general.--The Secretary may not make an award
        under subsection (a) to an entity unless the Secretary ensures
        that such entity--
                    ``(A) collects biospecimens and associated clinical
                and demographic information from children with
                appropriate permission from parents or legal guardians
                in accordance with Federal and State law; and
                    ``(B) adheres to strict confidentiality to protect
                the identity and privacy of patients in accordance with
                Federal and State law.
            ``(2) Consent.--The Secretary shall establish an
        appropriate process for achieving consent from the patient,
        parent, or legal guardian.
    ``(f) Single Point of Access; Standard Data; Guidelines and
Oversight.--
            ``(1) Single point of access.--The Secretary shall ensure
        that a Biorepository established under subsection (a) has
        electronically searchable data for use by researchers and other
        qualified health care professionals in the manner and to the
        extent defined by the Secretary.
            ``(2) Standard data.--The Secretary shall require all
        recipients of an award under this section to make available a
        standard dataset for the purposes of paragraph (1) in a
        standard electronic format that enables researchers and
        qualified health care professionals to search.
            ``(3) Guidelines and oversight.--The Secretary shall
        develop and disseminate appropriate guidelines for the
        development and maintenance of the biorepositories authorized
        under this section, including appropriate oversight.
    ``(g) Definitions.--
            ``(1) Award.--The term `award' includes a grant, contract,
        cooperative agreement, or other mechanism determined by the
        Secretary.
            ``(2) Biospecimen.--The term `biospecimen' includes--
                    ``(A) solid tumor tissue or bone marrow;
                    ``(B) normal or control tissue;
                    ``(C) blood/plasma;
                    ``(D) DNA and RNA extractions;
                    ``(E) familial DNA; and
                    ``(F) any other sample required by the Secretary.
            ``(3) Clinical and demographic information.--The term
        `clinical and demographic information' shall include--
                    ``(A) date of diagnosis;
                    ``(B) age at diagnosis;
                    ``(C) patient's gender, race and ethnicity;
                    ``(D) extent of disease at enrollment;
                    ``(E) site of metastases;
                    ``(F) location of primary tumor coded;
                    ``(G) histologic diagnosis;
                    ``(H) tumor marker data when available;
                    ``(I) treatment and outcome data;
                    ``(J) information related to specimen quality; and
                    ``(K) any other information required by the
                Secretary.
    ``(h) Coordination.--The Secretary shall ensure that clinical and
demographic information collected in accordance with this section is
collected in coordination with the information collected under section
399E-1.
    ``(i) Prohibition on Use of Funds.--Funds made available under this
section shall not be used to acquire, preserve, or maintain a
biospecimen collected from a patient if such activity is already
covered by funds available from the National Cancer Institute for such
purpose.
    ``(j) Report.--Not later than 4 years after the date of enactment
of the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization
Act, the Secretary shall submit to Congress a report on--
            ``(1) the number of biospecimens and corresponding clinical
        demographic data collected through the Comprehensive Children's
        Cancer Biorepositories established under subsection (a);
            ``(2) the number of biospecimens and corresponding clinical
        demographic data requested for use by researchers;
            ``(3) any barriers to the collection of biospecimens and
        corresponding clinical demographic data;
            ``(4) any barriers experienced by researchers or health
        care professionals in accessing the biospecimens and
        corresponding clinical demographic data necessary for use in
        research; and
            ``(5) any recommendations with respect to improving the
        Comprehensive Children's Cancer Biorepository program under
        this section.''; and
            (3) in subsection (l), as so redesignated--
                    (A) by striking ``$30,000,000'' and inserting
                ``$10,000,000''; and
                    (B) by striking ``2013'' and inserting ``2018''.
    (b) Improving Childhood Cancer Surveillance.--Section 399E-1 of the
Public Health Service Act (42 U.S.C. 280e-3a) is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award grants to
State cancer registries to enhance and expand infrastructure to track
the epidemiology of cancer in children, adolescents, and young adults.
Such registries shall be updated to include each occurrence of such
cancers within a period of time designated by the Secretary.
    ``(b) Activities.--The grants described in subsection (a) may be
used for--
            ``(1) identifying, recruiting, and training all potential
        sources for reporting childhood, adolescent, and young adult
        cancer cases;
            ``(2) developing procedures to implement early inclusion of
        childhood, adolescent, and young adult cancer cases on State
        cancer registries through the use of electronic reporting;
            ``(3) purchasing infrastructure to support the early
        inclusion of childhood, adolescent, and young adult cancer
        cases on such registries;
            ``(4) submitting deidentified data to the Centers for
        Disease Control and Prevention for inclusion in a national
        database of childhood, adolescent, and young adult cancers; and
            ``(5) tracking the late effects of childhood, adolescent,
        and young adult cancers.
    ``(c) Coordination.--The Secretary shall ensure that information
collected through State cancer registries under this section is
collected in coordination with clinical and demographic information
collected under section 417E.''.

SEC. 4. REPORT TO IMPROVE DEVELOPMENT OF NEW DRUGS AND BIOLOGIC
              PRODUCTS TO TREAT CHILDHOOD CANCERS.

    (a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall report
to Congress on barriers to studying oncologic therapies in pediatric
populations under section 505B of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355c).
    (b) Content.--The report under subsection (a) shall include--
            (1) an assessment of the feasibility of requiring studies
        for a pediatric oncologic indication under section 505B of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) if the
        therapeutic target of a drug or biologic product for an adult
        oncologic indication is highly relevant to any pediatric cancer
        to which it could apply;
            (2) recommendations to overcome any barriers identified in
        the report on how to improve research, development and access
        to new oncologic therapies for use in pediatric patients; and
            (3) an assessment of the potential impact of altering the
        exemption under subsection (k) of such section 505B.
    (c) Stakeholder Input.--The report under subsection (a) shall be
developed with input from relevant stakeholders.

Summary: Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act - Amends the Public Health Service Act to reauthorize through FY2018 cancer research programs under the Caroline Pryce Walker Conquer Childhood Cancer Act of 2008. Replaces the current pediatric cancer research and awareness grant program carried out by the Secretary of Health and Human Services (HHS) with a comprehensive children's cancer biorepositories program. Authorizes the Director of the National Institutes of Health (NIH) to make awards to eligible applicants to build upon existing initiatives to collect biospecimens and clinical and demographic information for at least 90 of all children, adolescents, and young adults with cancer in Comprehensive Children's Cancer Biorepositories for the purpose of achieving a better understanding of the cause of such cancers and the effects of treatments. Permits award amounts to be used to: (1) acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States. (2) maintain a secure searchable database for scientists and qualified health care professionals to research such biospecimens and data. And (3) make available and distribute such biospecimens and data to researchers and professionals for peer-reviewed research. Revises the national childhood cancer registry grant program to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to state cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Requires a Comptroller General (GAO) report regarding the barriers to conducting pediatric studies of oncologic therapies in applications for new drugs or biological products under the Federal Food, Drug, and Cosmetic Act, including recommendations to improve development and access to new therapies as well as assessments of: (1) the feasibility of requiring studies for a pediatric oncologic indication if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply, and (2) the impact of altering the current exemption for orphan drug designations relating to rare diseases or conditions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mobile Workforce State Income Tax
Fairness and Simplification Act''.

SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE
              INCOME.

    (a) In General.--No part of the wages or other remuneration earned
by an employee who performs employment duties in more than one State
shall be subject to income tax in any State other than--
            (1) the State of the employee's residence; and
            (2) the State within which the employee is present and
        performing employment duties for more than 30 days during the
        calendar year in which the income is earned.
    (b) Wages or Other Remuneration.--Wages or other remuneration
earned in any calendar year are not subject to State income tax
withholding and reporting unless the employee is subject to income tax
under subsection (a). Income tax withholding and reporting under
subsection (a)(2) shall apply to wages or other remuneration earned as
of the commencement date of duties in the State during the calendar
year.
    (c) Operating Rules.--For purposes of determining an employer's
State income tax withholding and information return obligations--
            (1) an employer may rely on an employee's determination of
        the time expected to be spent by such employee in the States in
        which the employee will perform duties absent--
                    (A) actual knowledge of fraud by the employee in
                making the estimate; or
                    (B) collusion between the employer and the employee
                to evade tax;
            (2) if records are maintained by an employer recording the
        location of an employee for other business purposes, such
        records shall not preclude an employer's ability to rely on an
        employee's determination as set forth in paragraph (1); and
            (3) notwithstanding paragraph (2), if an employer, at its
        sole discretion, maintains a time and attendance system which
        tracks where the employee performs duties on a daily basis,
        data from the time and attendance system shall be used instead
        of the employee's determination as set forth in paragraph (1).
    (d) Definitions and Special Rules.--For purposes of this Act:
            (1) Day.--
                    (A) An employee will be considered present and
                performing employment duties within a State for a day
                if the employee performs the preponderance of the
                employee's employment duties within such State for such
                day.
                    (B) Notwithstanding subsection (d)(1)(A), if an
                employee performs material employment duties in a
                resident state and one nonresident state during one
                day, such employee will be considered to have performed
                the preponderance of the employee's employment duties
                in the nonresident state for such day.
                    (C) For purposes of subsection (d)(1), the portion
                of the day the employee is in transit shall not apply
                in determining the location of an employee's
                performance of employment duties.
            (2) Employee.--The term ``employee'' shall be defined by
        the State in which the duties are performed, except that the
        term ``employee'' shall not include a professional athlete,
        professional entertainer, or certain public figures.
            (3) Professional athlete.--The term ``professional
        athlete'' means a person who performs services in a
        professional athletic event, provided that the wages or other
        remuneration are paid to such person for performing services in
        his or her capacity as a professional athlete.
            (4) Professional entertainer.--The term ``professional
        entertainer'' means a person who performs services in the
        professional performing arts for wages or other remuneration on
        a per-event basis, provided that the wages or other
        remuneration are paid to such person for performing services in
        his or her capacity as a professional entertainer.
            (5) Certain public figures.--The term ``certain public
        figures'' means persons of prominence who perform services for
        wages or other remuneration on a per-event basis, provided that
        the wages or other remuneration are paid to such person for
        services provided at a discrete event in the form of a speech,
        similar presentation or personal appearance.
            (6) Employer.--The term ``employer'' has the meaning given
        such term in section 3401(d) of the Internal Revenue Code of
        1986 (26 U.S.C. 3401(d)) or shall be defined by the State in
        which the duties are performed.
            (7) State.--The term ``State'' means each of the several
        States of the United States.
            (8) Time and attendance system.--The term ``time and
        attendance system'' means a system where the employee is
        required on a contemporaneous basis to record his work location
        for every day worked outside of the state in which the
        employee's duties are primarily preformed and the employer uses
        this data to allocate the employee's wages between all taxing
        jurisdictions in which the employee performs duties.
            (9) Wages or other remuneration.--The term ``wages or other
        remuneration'' shall be defined by the State in which the
        employment duties are performed.

SEC. 3. EFFECTIVE DATE.

    This Act shall be effective on January 1, 2011.

Summary: Mobile Workforce State Income Tax Fairness and Simplification Act - Limits state taxation of the wages or other remuneration of any employee who performs duties in more than one state to: (1) the state of the employee's residence. And (2) the state in which the employee is present and performing employment duties for more than 30 days. Exempts from the definition of employee for purposes of this Act a professional athlete or entertainer or certain public figures.

To limit the authority of States to tax certain income of employees for employment duties performed in other States.