SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caribbean Amnesty and Relief Act''.

   TITLE I--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND
                     DEPORTATION FOR CERTAIN ALIENS

SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIBBEANS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act, the status of any alien
        described in subsection (b) shall be adjusted by the Attorney
        General to that of an alien lawfully admitted for permanent
        residence, if the alien--
                    (A) applies for such adjustment before April 1,
                2002; and
                    (B) is otherwise eligible to receive an immigrant
                visa and is otherwise admissible to the United States
                for permanent residence, except in determining such
                admissibility the grounds for inadmissibility specified
                in paragraphs (4), (5), (6)(A) and (7)(A) of section
                212(a) of the Immigration and Nationality Act shall not
                apply.
            (2) Relationship of application to certain orders.--An
        alien present in the United States who has been ordered
        excluded, deported, removed or ordered to depart voluntarily
        from the United States under any provision of the Immigration
        and Nationality Act may, notwithstanding such order, apply for
        adjustment of status under paragraph (1). Such an alien may not
        be required, as a condition of submitting or granting such
        application, to file a separate motion to reopen, reconsider,
        or vacate such an order. If the Attorney General grants the
        application, the Attorney General shall cancel the order. If
        the Attorney General renders a final administrative decision to
        deny the application, the order shall be effective and
        enforceable to the same extent as if the application had not
        been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided by subsection (a)
        shall apply to any alien who is a national of countries of the
        Caribbean and who has been physically present in the United
        States for a continuous period, beginning not later than
        September 30, 1996 and ending earlier than the date the
        application for adjustment under such subsection is filed,
        except an alien shall not be considered to have failed to
        maintain continuous physical presence by reason of an absence,
        or absences, from the United States for any periods in the
        aggregate not exceeding 180 days.
            (2) Proof of commencement of continuous presence.--For
        purposes of establishing that the period of continuous physical
        presence referred to in paragraph (1) commenced not later than
        September 30, 1996, an alien--
                    (A) shall demonstrate that the alien, prior to
                September 30, 1996 performed service, or engaged in a
                trade or business, within the United States; or
                    (B) shall make such other demonstration of physical
                presence as the Attorney General may provide for by
                regulation.
    (c) Stay of Removal; Work Authorization.--
            (1) In general.--The Attorney General shall provide by
        regulation for an alien subject to a final order of deportation
        or removal to seek a stay of such order based on the filing of
        an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any
        provision of the Immigration and Nationality Act, the Attorney
        General shall not order any alien to be removed from the United
        States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such an Act and has applied for
adjustment of status under subsection (a), except where the Attorney
General has rendered a final administrative determination to deny the
application.
            (3) Work authorization.--The Attorney General may authorize
        an alien who has applied for adjustment of status under
        subsection (a) to engage in employment in the United States
        during the pendency of such application and may provide the
        alien with an ``employment authorization'' endorsement or other
        appropriate document signifying authorization of employment,
        except that if such application is pending for a period
        exceeding 180 days, and has not been denied, the Attorney
        General shall authorize such employment.
    (d) Adjustment of Status for Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act, the status of an alien shall
        be adjusted by the Attorney General to that of an alien
        lawfully admitted for permanent residence, if--
                    (A) the alien is a national of a Caribbean country;
                    (B) the spouse, child, or unmarried son or
                daughter, of an alien whose status is adjusted to that
                of an alien lawfully admitted for permanent residence
                under subsection (a), except that in the case of such
                an unmarried son or daughter, the son or daughter shall
                be required to establish that they have been physically
                present in the United States for a continuous period,
                beginning not later than December 1, 1995, and ending
                not earlier than the date the application for
                adjustment is filed;
                    (C) the alien applies for such adjustment and is
                physically present in the United States on the date the
                application is filed;
                    (D) the alien is otherwise eligible to receive an
                immigrant visa and is otherwise admissible to the
                United States for permanent residence, except in
                determining such admissibility the grounds for
                exclusion specified in paragraphs (4), (5), (6)(A), and
                (7)(A) of section 212(a) of the Immigration and
                Nationality Act shall not apply; and
                    (E) applies for such adjustment before April 1,
                2002.
            (2) Proof of continuous presence.--For purposes of
        establishing the period of continuous physical presence
        referred to in paragraph (1)(B), an alien--
                    (A) shall demonstrate that such period commenced
                not later than December 1, 1995, in a manner consistent
                with subsection (b)(2); and
                    (B) shall not be considered to have failed to
                maintain continuous physical presence by reason of an
                absence, or absences, from the United States for any
                period in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of the State shall
not be required to reduce the number of immigrant visas authorized to
be issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible.

                   TITLE II--VISA FAIRNESS COMMISSION

SEC. 201. ESTABLISHMENT.

    There is established in the Immigration and Naturalization Service
a commission to be known as the Visa Fairness Commission (hereafter in
this title referred to as the ``Commission''.)

SEC. 202. DUTIES.

    (a) Data Collection.--The Commission, in consultation with the
Director of the Immigration and Naturalization Service, shall gather
empirical data on economic and racial profiling by the Consular Affairs
office in American embassies and by Customs and immigration inspectors
at US points of entry. In carrying out the preceding sentence, the
Commission and the Director shall, to the extent practicable, avoid
duplication of administration efforts.
    (b) In General.--Section 376 of the Immigration and Nationality Act
(8 U.S.C. 1351) is amended by adding in subsection (a) the following:
            ``(3) Fee waiver--The Secretary of State shall waive the
        visa fee for those who can prove in forma pauperis status.''.

SEC. 203. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the Director of the INS. Members on the Commission
shall be broadly representative of the ethnic, religious, majority and
minority groups comprising the United States.
    (b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to section
5311(b) of title 5, United States Code.
    (c) Political Affiliation.--Not more than 8 members appointed maybe
of the same political party.
    (d) Terms.--
            (1) In general.--Each member shall be appointed for a term
        of two years, except as provided.
    (e) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2),
        member shall serve without pay.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or
        employees of the United States may not receive additional pay,
        allowances, or benefits by reason of their services on the
        Commission.
    (f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
    (g) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
    (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the
Commission shall be designated by the Director of the INS at the time
of the appointment.
    (i) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members.

SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Commission. The Director shall be paid at a rate not
to exceed the rate of basic pay payable for level V of the Executive
Schedule.
    (b) Staff.--Subject to rules prescribed by the Commission, and
without regard to section 5311(b) of title 5, United States Code, the
Director may appoint additional personnel as the Director considers
appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United State Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
    (d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily equivalent of the rate
basic pay payable for level V of the Executive Schedule.
    (e) Staff of Federal Agencies.--Upon request of the Director, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.

SEC. 205. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairman or Vice Chairman of the Commission, the head of the department
or agency shall furnish that information to the Commission, the head of
that department or agency shall furnish that information to the
Commission.
    (d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Chairman.
    (e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under the Act.
    (g) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas
        requiring the attendance and testimony of witnesses and the
        production of any evidence relating to any matter under
        investigation by the Commission. The attendance of witnesses
        and the production of evidence may be required from any place
        within the United States at any designated place of hearing
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to
        obey a subpoena issued under paragraph (1), the Commission may
        apply to a United States district court for an order requiring
        that person to appear before the Commission to give testimony,
        produce evidence, or both, relating to the matter under
        investigation. The application may be made within the judicial
        district where the hearing is conducted or where that person is
        found, resides, or transacts business any failure to obey the
        order of the court may be punished by the court as civil
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission
        shall be served in the manner provided for subpoenas issued by
        a United States district court under the Federal Rules of Civil
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which
        application is be made under paragraph (2) may be served in the
        judicial district in which the person required to be served
        resides or may be found.
    (h) Immunity.--Except as provided in this subsection, a person may
not be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing about which that person is compelled to
testify or relating to which that person is compelled to produce
evidence, except that the person may be prosecuted for perjury
committed during the testimony or made in the evidence.
    (i) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for property and
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5)

SEC. 206. ANNUAL REPORTS.

    The Commission shall transmit an annual report to the Director of
the INS and the Congress not later than December 31 of each year. Each
such report shall contain a detailed statement of activities of the
Commission during the fiscal year ending in the year in which such
report is required to be submitted.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to complete the study.

Summary: Title II: Visa Fairness Commission - Establishes in the Immigration and Naturalization Service the Visa Fairness Commission, which shall gather data on US embassy and port of entry economic and racial profiling. Authorizes appropriations. Amends the Immigration and Nationality Act to waive the visa fee for aliens who can prove in forma pauperis status.

Caribbean Amnesty and Relief Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Environmental Protection
Act of 1996''.

SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.

    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is
amended by adding at the end the following:

            ``TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN

``SEC. 501. FINDINGS AND POLICY.

    ``(a) Findings.--Congress finds that--
            ``(1) public health and safety depends on citizens and
        local officials knowing the toxic dangers that exist in their
        communities and neighborhoods;
            ``(2) children and other vulnerable subpopulations are more
        at risk from environmental pollutants than adults and therefore
        face unique health threats that need special attention;
            ``(3) a study conducted by the National Academy of Sciences
        on the effects of pesticides in the diets of infants and
        children concluded that current approaches to risk assessment
        typically do not consider risks to children and, as a result,
        current standards and tolerances often fail to adequately
        protect infants and children;
            ``(4) risk assessments of pesticides and other
        environmental pollutants conducted by the Environmental
        Protection Agency do not clearly differentiate between the
        risks to children and the risks to adults;
            ``(5) data are lacking that would allow adequate
        quantification and evaluation of child-specific and other-
        vulnerable-subpopulation-specific susceptibility and exposure
        to environmental pollutants; and
            ``(6) the absence of data precludes effective government
        regulation of environmental pollutants, and denies individuals
        the ability to exercise a right to know and make informed
        decisions to protect their families.
    ``(b) Policy.--It is the policy of the United States that--
            ``(1) all environmental and public health standards set by
        the Environmental Protection Agency must be adequate to protect
        children and other vulnerable subpopulations that are at
        greater risk from exposure to environmental pollutants;
            ``(2) adequate hazard data should be developed with respect
        to the special vulnerability and exposure to environmental
        pollutants of children and other vulnerable subpopulations to
        better assess where, and at what levels, children and other
        vulnerable subpopulations are being exposed;
            ``(3) scientific research opportunities should be
        identified by the Environmental Protection Agency to study the
        health effects of cumulative and simultaneous exposures of
        children and other vulnerable subpopulations to environmental
        pollutants;
            ``(4) information should be made readily available by the
        Environmental Protection Agency to the general public to
        advance the public's right-to-know, and allow the public to
        avoid unnecessary and involuntary exposure; and
            ``(5) a family right-to-know initiative should be developed
        by the Environmental Protection Agency to provide parents with
        basic information so the parents can make informed choices to
        protect their children from environmental health threats in
        their homes, schools, and communities.

``SEC. 502. DEFINITIONS.

    ``In this title:
            ``(1) Children.--The term `children' includes adolescents
        and infants.
            ``(2) Environmental pollutant.--The term `environmental
        pollutant' means a hazardous substance, as defined in section
        101 of the Comprehensive Environmental Response, Compensation,
        and Liability Act of 1980 (42 U.S.C. 9601), or a pesticide, as
        defined in section 2 of the Federal Insecticide, Fungicide, and
        Rodenticide Act (7 U.S.C. 136).
            ``(3) User.--The term `user' means any commercial
        applicator of, or any person who applies, an environmental
        pollutant in a school, park, or public area that is reasonably
        accessible to children.
            ``(4) Vulnerable subpopulations.--The term `vulnerable
        subpopulations' means children, pregnant women, the elderly,
        individuals with a history of serious illness, and other
        subpopulations identified by the Administrator as likely to
        experience elevated health risks from environmental pollutants.

``SEC. 503. FAMILY RIGHT-TO-KNOW INITIATIVE.

    ``(a) In General.--The Administrator shall work with each State to
develop a family right-to-know initiative in accordance with this
section.
    ``(b) Grants.--
            ``(1) In general.--The Administrator shall make grants to
        States to develop and carry out a family right-to-know
        initiative in accordance with this section.
            ``(2) Terms and conditions.--Grants made under this
        subsection shall be subject to such terms and conditions as the
        Administrator establishes to further the purposes of this
        title.
    ``(c) Requirements of Initiative.--A State carrying out a family
right-to-know initiative shall--
            ``(1) require that any user who applies an environmental
        pollutant in a public area that is reasonably accessible to
        children complete a simple, easy-to-understand form that
        provides the amount of environmental pollutant applied, where
        the environmental pollutant was applied, and when the
        environmental pollutant was applied;
            ``(2) work with the Administrator to--
                    ``(A) develop a uniform definition of the term
                `public area that is reasonably accessible to children'
                for purposes of this section, that shall include, at a
                minimum, schools, shopping malls, movie theaters, and
                parks;
                    ``(B) develop a uniform form to be completed by
                users under paragraph (1);
                    ``(C) determine the manner and length of time of
                keeping the forms completed by users; and
                    ``(D) determine the format for reporting
                information collected under paragraph (1) to the
                public;
            ``(3) prepare annual State reports summarizing the
        information collected under paragraph (1) for distribution to
        the Administrator;
            ``(4) provide the public with copies of annual State
        reports and local recordkeeping for schools, parks, and public
        areas;
            ``(5) make State reports available to the public on the
        Internet;
            ``(6) provide the Administrator with such data as the
        Administrator requests to prepare a nationwide survey under
        subsection (d); and
            ``(7) satisfy such other requirements as the Administrator
        prescribes to carry out this section.
    ``(d) Nationwide Surveys.--
            ``(1) In general.--The Administrator shall prepare a
        biennial nationwide survey of the information collected under
        this section.
            ``(2) Assessment.--The nationwide survey shall assess the
        extent to which environmental pollutants are present in private
        office and commercial buildings that are reasonably accessible
        to children.
            ``(3) Recommendation.--The nationwide survey shall
        recommend whether public recordkeeping and public reporting
        concerning application of environmental pollutants in areas
        that are reasonably accessible to children should be required.
    ``(e) Public Availability of Information.--
            ``(1) In general.--On request by a member of the public,
        the Administrator shall provide a copy of any State report or
        nationwide survey prepared under this section.
            ``(2) Internet.--The Administrator shall make any State
        report or nationwide survey prepared under this section
        available to the public on the Internet.

``SEC. 504. SAFE SCHOOLS AND PARKS.

    ``(a) In General.--Not later than 1 year after the date of
enactment of this title, the Administrator shall--
            ``(1) identify hazardous substances and pesticides commonly
        used in schools and parks;
            ``(2) create, after peer review, a list of the substances
        identified in paragraph (1) with high hazard health risks to
        children and other vulnerable subpopulations;
            ``(3) make the list created under paragraph (2) available
        to the public;
            ``(4) review the list created under paragraph (2) on a
        biennial basis; and
            ``(5) develop and issue an Environmental Protection Agency
        approved sign and label for posting by a school or park to
        indicate that high hazard environmental pollutants were not
        used in the school or park.
    ``(b) Cooperation.--The Administrator shall work with the Secretary
of Health and Human Services, the Secretary of Education, the Secretary
of the Interior, and the Secretary of Agriculture to ensure wide public
distribution of the list created under subsection (a)(2).
    ``(c) Compliance by Schools and Parks.--Not later than 1 year after
the list created under subsection (a)(2) is made available to the
public, the Administrator shall prohibit a school or park from using
any environmental pollutant on the list.

``SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EFFECTS ON CHILDREN.

    ``(a) Toxicity Data.--The Administrator, the Secretary of
Agriculture, and the Secretary of Health and Human Services shall
coordinate the development and implementation of research studies to
examine the physiological and pharmacokinetic differences in the
effects and toxicity of pesticides (including active and inert
ingredients) and other environmental pollutants on children and other
vulnerable subpopulations, as identified in the study of the National
Academy of Sciences entitled `Pesticides in the Diets of Infants and
Children'.
    ``(b) Exposure Data.--The Administrator, the Secretary of
Agriculture, and the Secretary of Health and Human Services shall
conduct surveys and applied research to document differences between
children and adults with respect to dietary, dermal, and inhalation
exposure to pesticides and other environmental pollutants.
    ``(c) Biennial Reports.--The Administrator, the Secretary of
Agriculture, and the Secretary of Health and Human Services shall
submit biennial reports to Congress on actions taken to carry out this
section.

``SEC. 506. SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS.

    ``(a) In General.--The Administrator shall--
            ``(1) evaluate environmental health risks to vulnerable
        subpopulations in all of the risk assessments, risk
        characterizations, environmental and public health standards,
        and general regulatory decisions carried out by the
        Administrator;
            ``(2) carry out paragraph (1) in accordance with the policy
        of the Environmental Protection Agency on the assessment of
        risks to children in effect on November 1, 1995; and
            ``(3) develop and use a separate assessment or finding of
        risks to vulnerable subpopulations or publish in the Federal
        Register an explanation of why the separate assessment or
        finding is not used.
    ``(b) Reevaluation of Current Public Health and Environmental
Standards.--
            ``(1) In general.--As part of any risk assessment, risk
        characterization, environmental or public health standard, or
        general regulatory decision carried out by the Administrator,
        the Administrator shall evaluate the environmental health risks
        to children and other vulnerable subpopulations.
            ``(2) Implementation.--In carrying out paragraph (1), not
        later than 1 year after the date of enactment of this title,
        the Administrator shall--
                    ``(A) develop an administrative strategy and an
                administrative process for reviewing standards;
                    ``(B) identify a list of standards that may need
                revision to ensure the protection of children and
                vulnerable subpopulations;
                    ``(C) prioritize the list according to the
                standards that are most important for expedited review
                to protect children and vulnerable subpopulations;
                    ``(D) identify which standards on the list will
                require additional research in order to be reevaluated
and outline the time and resources required to carry out the research;
and
                    ``(E) identify, through public input and peer
                review, not fewer than 5 public health and
                environmental standards of the Environmental Protection
                Agency to be repromulgated on an expedited basis to
                meet the criteria of this subsection.
            ``(3) Revised standards.--Not later than 6 years after the
        date of enactment of this title, the Administrator shall
        propose not fewer than 5 revised standards that meet the
        criteria of this subsection.
            ``(4) Completed revision of standards.--Not later than 15
        years after the date of enactment of this title, the
        Administrator shall complete the revision of standards in
        accordance with this subsection.
            ``(5) Report.--The Administrator shall report to Congress
        on an annual basis on progress made by the Administrator in
        carrying out the objectives and policy of this subsection.

``SEC. 507. PUBLIC AVAILABILITY OF DATA.

    ``(a) Disclosure of Health Effects and Exposure Data.--Subject to
subsection (b), any data or information known by a Federal agency
concerning any test of a pesticide, residue of a pesticide, or other
environmental pollutant to determine the potential levels of exposure
or health effects shall be available for disclosure to the public,
except to the extent the data or information relates to--
            ``(1) a manufacturing or quality control process;
            ``(2) a method for detecting the quantity of any
        deliberately added inert ingredient of a chemical substance
        other than a method for detecting a residue of the inert
        ingredient in or on food; or
            ``(3) explicit information derived from a pesticide use
        form submitted under section 1491 of the Food, Agriculture,
        Conservation, and Trade Act of 1990 (7 U.S.C. 136i-1).
    ``(b) Data and Information Submitted Under FIFRA.--Any data or
information described in subsection (a) that was submitted to the
Administrator under the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.) shall be made available for disclosure to
the public in accordance with section 10 of the Act (7 U.S.C. 136h).
    ``(c) Disclosure.--This section shall not restrict the release of--
            ``(1) information that is otherwise subject to disclosure
        under section 552 of title 5, United States Code; or
            ``(2) information available through--
                    ``(A) a material safety data sheet;
                    ``(B) published scientific literature; or
                    ``(C) a government document.

``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are
necessary to carry out this title.''.

Summary: Children's Environmental Protection Act of 1996 - Amends the Toxic Substances Control Act to state US policy regarding the adequacy of protection of children and other vulnerable subpopulations from exposure to environmental pollutants. Defines vulnerable subpopulations to include children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator of the Environmental Protection Agency (EPA) as likely to experience elevated health risks from environmental pollutants. Directs the Administrator to: (1) work with each State, including by making grants, to develop a family right-to-know initiative requiring disclosure of the details of application of a pollutant in a public area accessible to children, State reports of such information, and provision of data for a nationwide survey. (2) identify and make publicly available a list of hazardous substances and pesticides commonly used in schools and parks, (3) create a list of substances with high hazard risks. (4) develop and issue an EPA-approved warning sign and label for posting in such areas. And (5) prohibit a school or park from using any pollutant on the high hazard risk list. Directs the Administrator and the Secretaries of Agriculture and of Health and Human Services to: (1) coordinate and implement research studies of the physiological and pharmacokinetic differences in the effects and toxicity of pesticides and other pollutants on children and other vulnerable subpopulations. (2) conduct surveys and research to document differences between children and adults with respect to exposure. And (3) report to the Congress. Directs the Administrator to evaluate environmental health risks to children and vulnerable subpopulations in all risk assessments and characterizations, environmental or public health standards, or general regulatory decisions and develop and use a separate assessment with respect to vulnerable subpopulations. Requires a report to the Congress. Requires public availability, subject to restrictions, of information concerning any test of a pesticide, pesticide residue, or other pollutant to determine potential levels of exposure or health effects. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Juvenile Criminal Records
Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in recent years, the United States has experienced a
        significant increase in juvenile crime, especially with respect
        to serious and violent offenses;
            (2) a great proportion of the serious and violent offenses
        referred to in paragraph (1) are committed by individuals whose
        past criminal record is not revealed to criminal justice
        agencies, including courts, because of the current or former
        status of those individuals as juveniles;
            (3) in recent years, because of the increased mobility and
        ease of travel by juvenile offenders, especially members of
        criminal street gangs, to other States and units of local
        government, the officials of those States and units of local
        government are often--
                    (A) unable to obtain any record of prior serious
                offenses of those juvenile offenders; and
                    (B) unprepared for the violent behavior of those
                juvenile offenders; and
            (4) the inaccessibility of records indicating past violent
        offenses committed by juvenile offenders--
                    (A) endangers public safety officers who may
                encounter those offenders;
                    (B) increases risks to students at schools where
                those offenders may be enrolled; and
                    (C) prevents judicial officials from making the
                best decision with respect to such an offender that is
                necessary to protect innocent citizens.

SEC. 3. ASSISTANCE TO STATE AND LOCAL GOVERNMENTS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
            (1) by redesignating part Y as part Z;
            (2) by redesignating section 2501 as section 2601; and
            (3) by inserting after part X the following:

``PART Y--INCENTIVE GRANTS FOR STATE AND LOCAL CRIMINAL RECORDS SYSTEMS

``SEC. 2501. DEFINITION.

    ``In this part, the term `violent criminal gang' means an ongoing
group, club, organization, or association of 3 or more persons, whether
formal or informal, that engages in, or has engaged in within a 2-year
period preceding the date on which criminal history records are entered
for purposes of this part, 2 or more felonies or serious misdemeanors
committed in furtherance of, or in connection with, that group.

``SEC. 2502. INCENTIVE GRANTS.

    ``(a) In General.--With funds made available to carry out this
part, the Attorney General, acting through the Director of the Bureau
of Justice Statistics, shall make grants to States and units of local
government (or any combination thereof) to enable--
            ``(1) States to assist units of local government in
        carrying out programs described in paragraphs (1) through (3)
        of subsection (b); and
            ``(2) States and units of local government to carry out the
        programs described in paragraphs (1) through (3) of subsection
        (b).
    ``(b) Purposes.--The Attorney General, acting through the Director
of the Bureau of Justice Statistics, shall make grants under subsection
(a)--
            ``(1) to establish programs to obtain fingerprints and
        photographs of juveniles arrested for the offenses described in
        paragraph (2)(A);
            ``(2) to establish, develop, update, or upgrade the
        criminal history records systems of State and local governments
        to--
                    ``(A) include arrest, detention, and disposition
                records, fingerprints, photographs, and (if used) DNA
                barcodes, for juveniles arrested or detained for--
                            ``(i) violent offenses which, if committed
                        by an adult, would be a felony or serious
                        misdemeanor;
                            ``(ii) serious drug offenses which, if
                        committed by an adult, would be a felony or
                        serious misdemeanor;
                            ``(iii) serious property crimes which, if
                        committed by an adult, would be a felony;
                            ``(iv) illegal possession, use, or carrying
                        of a handgun, or other firearm; or
                            ``(v) participation in violent criminal
                        gangs or other violent criminal organizations;
                    ``(B) maintain the records described in
                subparagraph (A) at the State agency responsible for
                the operation of the adult criminal history record
                system of that State;
                    ``(C) submit such information to the Federal Bureau
                of Investigation as is necessary to enable the records
                described in subparagraph (A) to be accessed in the
                same manner as are records for adult criminal
                histories; and
                    ``(D) ensure that, each time an information on a
                criminal offense or activity described in subparagraph
(A) or other criminal offense is reported to a State repository for
juvenile and adult criminal records described in subparagraph (B), a
criminal history including information that relates to that individual
for the preceding 5-year period is submitted to that repository;
            ``(3) to establish, develop, update, or upgrade the
        criminal information systems of State and local governments,
        and regional intelligence sharing systems, to--
                    ``(A) include identification, and criminal
                investigative and intelligence information concerning
                adults who participate in the illegal activities of
                violent criminal gangs or other violent criminal
                organizations;
                    ``(B) maintain the records described in
                subparagraph (A) at the appropriate State agency; and
                    ``(C) submit such information as is necessary to
                enable the records referred to in subparagraph (B) to
                be accessed, to the Federal Bureau of Investigation or
                a regional intelligence sharing system; and
            ``(4) to establish State programs to provide financial
        assistance to units of local government, if necessary to meet
        any purpose specified in paragraphs (1) through (3).
    ``(c) Applications.--To request a grant under this part, the chief
executive officer of a State or unit of local government shall submit
an application in such form as the Attorney General, acting through the
Director of the Bureau of Justice Statistics (who shall consult with
the Director of the Federal Bureau of Investigation), shall require.
    ``(d) Application Requirements.--
            ``(1) Formula grants.--The Attorney General, acting through
        the Director of the Bureau of Justice Statistics, may award a
        grant under section 2503(a) only to a State with respect to
        which the chief executive officer submits an application under
        subsection (c) that provides assurances that are satisfactory
        to the Attorney General that the State will use the assistance
        provided under the grant to carry out programs that meet the
        purposes described in paragraphs (1) through (3) of subsection
        (b). The State may provide for the participation of units of
        local government in the grant program that is the subject of a
        grant application.
            ``(2) Discretionary grants.--The Attorney General, acting
        through the Director of the Bureau of Justice Statistics, may
        award a grant under section 2503(b) to a State or unit of local
        government (or a combination of a State and 1 or more units of
        local government) that provides assurances that the State, unit
        of local government, or combination will use the assistance
        provided under the grant to carry out at least 1 program that
        meets at least 1 of the purposes described in paragraphs (1)
        through (3) of subsection (b).

``SEC. 2503. ALLOCATION OF GRANTS.

    ``(a) Formula Grants.--Of the total amount made available by
appropriations to carry out this part for each fiscal year, 90 percent
shall be used to make grants to eligible States described in section
2502(d)(1) that submit an application that the Attorney General, acting
through the Director of the Bureau of Justice Statistics, determines to
be satisfactory in accordance with the following formula:
            ``(1) the greater of 0.25 percent of that amount or
        $250,000 shall be allocated to each eligible State; and
            ``(2) of the total amount remaining after the allocation
        under paragraph (1) (referred to in this paragraph as the
        `remaining funds'), there shall be allocated to each State an
        amount which bears the same ratio to the remaining funds as the
        population of that State bears to the population of all States.
    ``(b) Discretionary Grants.--Of the total amount made available to
carry out this part for each fiscal year, 10 percent shall be used by
the Attorney General, acting through the Director of the Bureau of
Justice Statistics, for grants to States and units of local government
that submit an application that the Attorney General, acting through
the Director, determines to meet the requirements of section
2502(d)(2).
    ``(c) Contracting Authority.--A State that receives a grant under
this section may enter into a contract with a person or entity to carry
out an activity that is related to a purpose specified in section
2502(b).

``SEC. 2504. FUNDING SOURCE.

    ``Appropriations for activities authorized in this part may be made
from the Violent Crime Reduction Trust Fund.''.
    (b) Conforming Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by adding at the end the following:

``Part Y--Incentive Grants for State and Local Criminal Records Systems

``Sec. 2501. Definition.
``Sec. 2502. Incentive grants.
``Sec. 2503. Allocation of grants.
``Sec. 2504. Funding source.
              ``Part Z--Transition-Effective Date-Repealer

``Sec. 2601. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is
amended--
            (1) in paragraph (3), by striking ``and X'' and inserting
        ``X, and Y''; and
            (2) by adding at the end the following:
            ``(23) There are authorized to be appropriated to carry out
        part Y--
                    ``(A) $50,000,000 for fiscal year 1998;
                    ``(B) $50,000,000 for fiscal year 1999;
                    ``(C) $50,000,000 for fiscal year 2000;
                    ``(D) $50,000,000 for fiscal year 2001; and
                    ``(E) $50,000,000 for fiscal year 2002.''.

Summary: Violent Juvenile Criminal Records Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make incentive grants to States and local governments to: (1) establish programs to obtain fingerprints and photographs of juveniles arrested for certain violent or serious criminal offenses. And (2) establish, develop, update, or upgrade the criminal history records of such entities to include arrest, detention, and disposition records, fingerprints, photographs, and barcodes for juveniles arrested or detained for such offenses. Requires such information to be submitted to the Federal Bureau of Investigation for access in the same manner as records for adult criminal histories. Provides for: (1) grant application requirements. (2) the allocation of grant funds according to a specified formula. (3) appropriations for such activities through the Violent Crime Reduction Trust Fund. And (4) the authorization of appropriations for FY 1998 through 2002.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Savings Enhancement for Education in
College Act''.

SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.

    (a) In General.--Subsection (d) of section 25B of the Internal
Revenue Code of 1986 (relating to elective deferrals and IRA
contributions by certain individuals) is amended by redesignating
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
            ``(2) Contributions to qualified tuition programs.--
                    ``(A) In general.--The term `qualified savings
                contribution' includes the amount of any purchase or
                contribution described in paragraph (1)(A) of section
                529(b) to a qualified tuition program (as defined in
                such section) if--
                            ``(i) the taxpayer has the power to
                        authorize distributions and otherwise
                        administer the account, and
                            ``(ii) the designated beneficiary of such
                        purchase or contribution is the taxpayer, the
                        taxpayer's spouse, or an individual with
                        respect to whom the taxpayer is allowed a
                        deduction under section 151.
                    ``(B) Limitation based on compensation.--The amount
                treated as a qualified savings contribution by reason
                of subparagraph (A) for any taxable year shall not
                exceed the sum of--
                            ``(i) the compensation (as defined in
                        section 219(f)(1)) includible in the taxpayer's
                        gross income for the taxable year, and
                            ``(ii) the amount excluded from the
                        taxpayer's gross income under section 112
                        (relating to combat pay) for such year.
                    ``(C) Determination of adjusted gross income.--
                Solely for purposes of determining the applicable
                percentage under subsection (b) which applies with
                respect to the amount treated as a qualified savings
                contribution by reason of subparagraph (A), adjusted
                gross income (determined without regard to this
                subparagraph) shall be increased by the excess (if any)
                of--
                            ``(i) the social security benefits received
                        during the taxable year (within the meaning of
                        section 86), over
                            ``(ii) the amount included in gross income
                        for such year under section 86.''.
    (b) Conforming Amendments.--
            (1) Section 25B of such Code is amended by striking
        ``qualified retirement savings'' each place it appears in the
        text and inserting ``qualified savings''.
            (2) The subsection heading for section 25B(d) of such Code
        is amended by striking ``Retirement''.
            (3) Subparagraph (A) of section 25B(d)(3) of such Code, as
        redesignated by subsection (a), is amended--
                    (A) by striking ``paragraph (1)'' the first place
                it appears and inserting ``paragraph (1) or (2)'', and
                    (B) by striking ``paragraph (1)'' the second place
                it appears and inserting ``paragraph (1), or (2), as
                the case may be,''.
            (4) The heading for section 25B of such Code is amended by
        striking ``and ira contributions'' and inserting ``, ira
        contributions, and qualified tuition program contributions''.
            (5) The table of sections for subpart A of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 25B and inserting the following
        new item:

``Sec. 25B. Elective deferrals, IRA contributions, and qualified
                            tuition program contributions by certain
                            individuals.''.
    (c) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2012, in taxable years
ending after such date.

SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO
              QUALIFIED TUITION PROGRAMS.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 127 the
following new section:

``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.

    ``(a) In General.--Gross income of an employee does not include
amounts paid by the employer as contributions to a qualified tuition
program held by the employee or spouse of the employee if the
contributions are made pursuant to a program which is described in
subsection (b).
    ``(b) Maximum Exclusion.--The amount excluded from the gross income
of an employee under this section for the taxable year shall not exceed
$600.
    ``(c) Qualified Tuition Assistance Program.--For purposes of this
section, a qualified tuition assistance program is a separate written
plan of an employer for the benefit of such employer's employees--
            ``(1) under which the employer makes matching contributions
        to qualified tuition programs of--
                    ``(A) such employees,
                    ``(B) their spouses, or
                    ``(C) any individual with respect to whom such an
                employee or spouse--
                            ``(i) is allowed a deduction under section
                        151, and
                            ``(ii) has the power to authorize
                        distributions and otherwise administer such
                        individual's account under the qualified
                        tuition program, and
            ``(2) which meets requirements similar to the requirements
        of paragraphs (2), (3), (4), (5), and (6) of section 127(b).
    ``(d) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Qualified tuition program.--The term `qualified
        tuition program' means a qualified tuition program as defined
        in section 529(b).
            ``(2) Employee and employer.--The terms `employee' and
        `employer' shall have the meaning given such terms by
        paragraphs (2) and (3), respectively, of section 127(c).
            ``(3) Applicable rules.--Rules similar to the rules of
        paragraphs (4), (5), (6), and (7) of section 127(c) shall
        apply.
    ``(e) Inflation Adjustment.--
            ``(1) In general.--In the case of any taxable year
        beginning in a calendar year after 2013, the $600 amount
        contained in subsection (b)(1) shall be increased by an amount
        equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                the taxable year begins, determined by substituting
                `calendar year 2012' for `calendar year 1992' in
                subparagraph (B) thereof.
        Any increase determined under the preceding sentence shall be
        rounded to the nearest multiple of $50.
    ``(f) Cross Reference.--For reporting and recordkeeping
requirements, see section 6039D.''.
    (b) Exclusion From Employment Taxes.--
            (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of
        such Code are each amended by inserting ``127A,'' after
        ``127,'' each place it appears.
            (2) Section 3231(e)(6) of such Code is amended by striking
        ``section 127'' and inserting ``section 127 or 127A''.
    (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1)
of such Code is amended by inserting ``127A,'' after ``127,''.
    (d) Other Conforming Amendments.--
            (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such
        Code are each amended by inserting ``127A,'' after ``127,''
        each place it appears.
            (2) Section 132(j)(8) of such Code is amended by striking
        ``section 127'' and inserting ``section 127 or 127A''.
            (3) Section 1397(a)(2)(A) of such Code is amended by
        inserting at the end the following new clause:
                            ``(iii) Any amount paid or incurred by an
                        employer which is excludable from the gross
                        income of an employee under section 127A, but
                        only to the extent paid or incurred to a person
                        not related to the employer.''.
            (4) Section 209(a)(15) of the Social Security Act (42
        U.S.C. 409(a)(15)) is amended by striking ``or 129'' and
        inserting ``, 127A, or 129''.
    (e) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 127 the following new item:

``Sec. 127A. Employer contributions to qualified tuition programs.''.
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) allow a tax credit for contributions to qualified tuition plans. And (2) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a qualified tuition program.


SECTION 1. CALLABLE STOCK OF FEDERAL RESERVE BANKS.

    (a) In General.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is
amended--
            (1) in the third undesignated paragraph of section 2--
                    (A) by striking ``Under regulations'' and inserting
                the following:
            ``(3) Subscription to stock.--
                    ``(A) In general.--Under regulations'';
                    (B) by striking ``one-sixth of the subscription to
                be payable on call of the organization committee or of
                the Board of Governors of the Federal Reserve System,
                one-sixth within three months and one-sixth within six
                months thereafter, and the remainder of the
                subscription, or any part thereof, shall be subject to
                call when deemed necessary by the Board of Governors of
                the Federal Reserve System'' and inserting ``one-
                twelfth of the subscription to be paid at such time as
                the Board of Governors of the Federal Reserve System
                directs (or, in the case of a member bank with total
                consolidated assets of $10,000,000,000 or less, as
                provided under subparagraph (B)) and the remainder of
                the subscription, or any part thereof, shall be subject
                to call by the Board of Governors of the Federal
                Reserve System in the manner described under
                subparagraph (C)''; and
                    (C) by adding at the end the following:
                    ``(B) Treatment of member banks with
                $10,000,000,000 or less in assets.--
                            ``(i) In general.--With respect to the
                        payment of subscription under subparagraph (A)
                        or section 5, a member bank with total
                        consolidated assets of $10,000,000,000 or less
                        may elect to pay one-half of the subscription
                        in lieu of the one-twelfth amount specified
                        under such subparagraph (A) or section 5.
                            ``(ii) Timing of election.--The election
                        described under clause (i)--
                                    ``(I) may only be made once; and
                                    ``(II) shall be made before the end
                                of the 1-year period beginning on the
                                date the entity becomes a member bank.
                    ``(C) Subscription subject to call.--
                            ``(i) In general.--The Board of Governors
                        of the Federal Reserve System may only call the
                        subscription of a member bank under
                        subparagraph (A) or section 5 if the aggregate
                        amount of surplus funds of the Federal reserve
                        banks is exhausted.
                            ``(ii) Return of called amounts.--With
                        respect to amounts called under clause (i), a
                        member bank may elect to have such amounts
                        returned to the member bank if the aggregate
                        amount of surplus funds of the Federal reserve
                        banks is $1,000,000,000 or more.
                    ``(D) Inflation adjustment.--The Board of Governors
                of the Federal Reserve System shall annually adjust the
                dollar amounts of total consolidated assets specified
                under subparagraphs (A) and (B)(i) of this paragraph
                and under section 5 to reflect the change in the Gross
                Domestic Product Price Index, published by the Bureau
                of Economic Analysis.''; and
            (2) in section 5, by striking ``one-half of said
        subscription to be paid in the manner hereinbefore provided for
        original subscription, and one-half subject to call of the
        Board of Governors of the Federal Reserve System'' and
        inserting ``one-twelfth of said subscription to be paid in the
        manner hereinbefore provided for original subscription (or, in
        the case of a member bank with total consolidated assets of
        $10,000,000,000 or less, as provided under section 2(3)(B)) and
        the remainder of the subscription, or any part thereof, subject
        to call of the Board of Governors of the Federal Reserve System
        in the manner described under section 2(3)(C)''.
    (b) Transition Provisions.--
            (1) Election by member banks with $10,000,000,000 or less
        in assets.--Notwithstanding section 2(3)(B)(ii) of the Federal
        Reserve Act, as added by subsection (a), a member bank with
        total consolidated assets of $10,000,000,000 or less shall make
        the election described under section 2(3)(B) of such Act before
        the end of the 1-year period beginning on the date of the
        enactment of this Act.
            (2) Return of payments.--With respect to an entity that is
        a member bank on the date of the enactment of this Act, the
        Board of Governors of the Federal Reserve System shall direct
        the appropriate Federal reserve bank to return to the member
        bank an amount equal to 2.5 percent of the paid-up capital
        stock and surplus of the member bank if, on the date of the
        enactment of this Act--
                    (A) the member bank has total consolidated assets
                of more than $10,000,000,000; or
                    (B) the member bank has total consolidated assets
                of $10,000,000,000 or less and elects, pursuant to
                paragraph (1), to pay one-twelfth of the subscription
                amount described under section 2(3) of the Federal
                Reserve Act instead of one-half.
            (3) Member bank defined.--For purposes of this subsection,
        the term ``member bank'' has the meaning given that term under
        section 1 of the Federal Reserve Act.

Summary: This bill amends the Federal Reserve Act to revise the formula for subscription of national banking associations to the stock of their regional Federal Reserve Bank. Instead of one-sixth of an association's subscription to be payable on call by the Board of Governors of the Federal Reserve System, a member bank shall pay one-twelfth of its subscription when the Federal Reserve Board directs, and the remainder subject to the call of the Board. If a member bank has total consolidated assets of $10 billion or less, however, it may elect to pay one-half of its subscription instead of one-twelfth, but only once, and only within the first year after it becomes a member bank. The bill makes similar revisions to the formula for an increase in a member bank's capital stock or surplus. The Board may only call the subscription of a member bank if the aggregate amount of surplus funds of the Federal Reserve Banks is exhausted. A member bank may elect to have called amounts returned to it if the aggregate amount of surplus funds of the Federal Reserve Banks is $1 billion or more. The Board shall make annually inflation adjustments to the dollar amounts of total consolidated assets specified in the Act and in this bill to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis of the Department of Commerce.

To amend the Federal Reserve Act to adjust the circumstances under which Federal reserve bank stock is callable, and for other purposes.


SECTION 1. CONVEYANCE OF LAND, FORMER FORT BAYARD MILITARY RESERVATION,
              GRANT COUNTY, NEW MEXICO.

    (a) In General.--Subject to this Act, the Secretary of Agriculture
shall convey the lands described in subsection (b) to one or more
eligible buyers for the purpose of business and community development.
    (b) Land Described.--The lands to be conveyed under subsection (a)
are the following lands that were formerly part of the Fort Bayard
Military Reservation, Grant County, New Mexico, comprising
approximately 1,499 acres, and are situated in sections:
            Township 17 South, Range 12 West, New Mexico Principal
        Meridian.
             Section 30, all within the former Fort Bayard Military
        Reservation (31 acres more or less).
             Section 31, all within the former Fort Bayard Military
        Reservation (155 acres more or less).
            Township 17 South, Range 13 West, New Mexico Principal
        Meridian.
            Section 34, all within the former Fort Bayard Military
        Reservation (584 acres more or less).
            Section 35, all within the former Fort Bayard Military
        Reservation less lands conveyed under other Federal authorities
        to the Village of Central (Santa Clara), and the State of New
        Mexico (216 acres more or less).
            Section 36, all within the former Fort Bayard Military
        Reservation (513 acres more or less).
    (c) Eligible Buyers.--For the purposes of this Act, eligible buyers
are the village of Santa Clara, the city of Bayard, and the county of
Grant in the State of New Mexico.

SEC. 2. CONDITIONS.

    In making the conveyance under section 1, the Secretary of
Agriculture--
            (1) shall sell the land in tracts of not less than 40
        acres;
            (2) shall require as consideration for the land the market
        price of the land in its present state of use as agricultural
        grazing lands as determined by the Secretary;
            (3) shall protect all valid existing rights;
            (4) shall reserve easements for existing facilities such as
        roads, telephone lines, pipelines, electric power transmission
        lines, or other facilities or improvements in place;
            (5) shall reserve such easements for roads as the Secretary
        of Agriculture finds necessary to assure access to lands of the
        United States or to meet public needs; and
            (6) may contain such additional terms, conditions,
        reservations, and restrictions as may be determined by the
        Secretary of Agriculture to be necessary to protect the
        interests of the United States.

SEC. 3. APPROVAL OF ALL PARTIES REQUIRED FOR CONVEYANCE.

    The Secretary of Agriculture shall not make a conveyance under this
Act to any one of the eligible buyers, without written approval of the
two nonacquiring eligible buyers.

SEC. 4. HISTORIC OR PREHISTORIC SITES.

    If historic or prehistoric cultural properties are located upon the
lands to be conveyed under section 1, the Secretary of Agriculture
shall be responsible for the costs and recovery of these sites and
shall do so in a timely manner so as not to unduly restrict future use
of the selected lands by the acquiring party. The Secretary may, at the
Secretary's discretion, use a deed reservation to retain historic or
prehistoric properties in the ownership of the United States instead of
site recovery, if agreeable to the acquiring party.

SEC. 5. SALE OF MINERAL INTERESTS.

    (a) Inclusion in Conveyance.--Upon application by the acquiring
party, all the undivided mineral interest of the United States in any
parcel or tract sold pursuant to this Act shall be conveyed to the
acquiring party or its successor in title by the Secretary of the
Interior. In areas where the Secretary of the Interior determines that
there is no active mineral development or leasing, and that the lands
have no mineral value, the mineral interests covered by a single
application shall be sold for a consideration of $1. In other areas the
mineral interests shall be sold at the fair market value thereof as
determined by the Secretary of the Interior after taking into
consideration such appraisals as the Secretary of the Interior deems
necessary or appropriate.
    (b) Administrative Costs.--
            (1) Deposit and payment.--Each application for a conveyance
        to be made under this Act shall be accompanied by a
        nonrefundable deposit to be applied to related administrative
        costs as determined by the Secretary of the Interior. If the
        conveyance is made pursuant to an application, the applicant
        shall pay to the Secretary of the Interior the full
        administrative costs, less the deposit. If a conveyance is not
        made pursuant to the application, the deposit shall constitute
        full satisfaction of such administrative costs notwithstanding
        that the administrative costs exceed the deposit.
            (2) Definition.--For the purposes of this section, the term
        ``administrative costs'' includes, in addition to other items,
        all costs that the Secretary of the Interior determines are
        included in a determination of--
                    (A) the mineral character of the land in question;
                and
                    (B) the fair market value of the mineral interest.
    (c) Amounts Paid Into Treasury.--Amounts paid to the Secretary of
the Interior under this section shall be paid into the Treasury of the
United States as miscellaneous receipts.

Summary: Directs the Secretary of Agriculture (USDA) to convey at current state of agricultural use market prices specified lands formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, to the Village of Santa Clara, the City of Bayard, and Grant County, New Mexico, in tracts of not less than 40 acres, for business and community development. Requires approval of all parties for any such conveyance. Provides that the Secretary shall be responsible for the costs and recovery of any historic or prehistoric cultural properties located on such lands.

To direct the Secretary of Agriculture to convey lands of the former Fort Bayard Military Reservation in Grant County, New Mexico, to the village of Santa Clara, the city of Bayard, or the county of Grant in that State, in tracts of not less than 40 acres, and at market price at its present state of use as agricultural grazing lands as determined by the Secretary, for business and community development, and for other purposes.


SECTION 1. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER
              OPERATIONS AND CYBER WEAPONS.

    (a) Notification.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new sections:
``Sec. 130j. Notification requirements for sensitive military cyber
              operations
    ``(a) In General.--Except as provided in subsection (d), the
Secretary of Defense shall promptly submit to the congressional defense
committees notice in writing of any sensitive military cyber operation
conducted under this title no later than 48 hours following such
operation.
    ``(b) Procedures.--(1) The Secretary of Defense shall establish and
submit to the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the national
security of the United States and the protection of operational
integrity. The Secretary shall promptly notify the congressional
defense committees in writing of any changes to such procedures at
least 14 days prior to the adoption of any such changes.
    ``(2) The congressional defense committees shall ensure that
committee procedures designed to protect from unauthorized disclosure
classified information relating to national security of the United
States are sufficient to protect the information that is submitted to
the committees pursuant to this section.
    ``(3) In the event of an unauthorized disclosure of a sensitive
military cyber operation covered by this section, the Secretary shall
ensure, to the maximum extent practicable, that the congressional
defense committees are notified immediately of the sensitive military
cyber operation concerned. The notification under this paragraph may be
verbal or written, but in the event of a verbal notification a written
notification shall be provided by not later than 48 hours after the
provision of the verbal notification.
    ``(c) Sensitive Military Cyber Operation Defined.--(1) In this
section, the term `sensitive military cyber operation' means an action
described in paragraph (2) that--
            ``(A) is carried out by the armed forces or by a foreign
        partner in coordination with the armed forces; and
            ``(B) is intended to cause effects outside a geographic
        location where United States armed forces are involved in
        hostilities (as that term is used in section 1543 of title 50,
        United States Code).
    ``(2) The actions described in this paragraph are the following:
            ``(A) An offensive cyber operation.
            ``(B) A defensive cyber operation outside the Department of
        Defense Information Networks to defeat an ongoing or imminent
        threat.
    ``(d) Exceptions.--The notification requirement under subsection
(a) does not apply--
            ``(1) to a training exercise conducted with the consent of
        all nations where the intended effects of the exercise will
        occur; or
            ``(2) to a covert action (as that term is defined in
        section 3093 of title 50, United States Code).
    ``(e) Rule of Construction.--Nothing in this section shall be
construed to provide any new authority or to alter or otherwise affect
the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or
any requirement under the National Security Act of 1947 (50 U.S.C. 3001
et seq.).
``Sec. 130k. Notification requirements for cyber weapons
    ``(a) In General.--Except as provided in subsection (c), the
Secretary of Defense shall promptly submit to the congressional defense
committees notice in writing of the following:
            ``(1) With respect to a cyber capability that is intended
        for use as a weapon, the results of any review of the
        capability for legality under international law pursuant to
        Department of Defense Directive 5000.01 no later than 48 hours
        after any military department concerned has completed such
        review.
            ``(2) The use as a weapon of any cyber capability that has
        been approved for such use under international law by a
        military department no later than 48 hours following such use.
    ``(b) Procedures.--(1) The Secretary of Defense shall establish and
submit to the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the national
security of the United States and the protection of operational
integrity. The Secretary shall promptly notify the congressional
defense committees in writing of any changes to such procedures at
least 14 days prior to the adoption of any such changes.
    ``(2) The congressional defense committees shall ensure that
committee procedures designed to protect from unauthorized disclosure
classified information relating to national security of the United
States are sufficient to protect the information that is submitted to
the committees pursuant to this section.
    ``(3) In the event of an unauthorized disclosure of a cyber
capability covered by this section, the Secretary shall ensure, to the
maximum extent practicable, that the congressional defense committees
are notified immediately of the cyber capability concerned. The
notification under this paragraph may be verbal or written, but in the
event of a verbal notification a written notification shall be provided
by not later than 48 hours after the provision of the verbal
notification.
    ``(c) Exceptions.--The notification requirement under subsection
(a) does not apply--
            ``(1) to a training exercise conducted with the consent of
        all nations where the intended effects of the exercise will
        occur; or
            ``(2) to a covert action (as that term is defined in
        section 3093 of title 50, United States Code).
    ``(d) Rule of Construction.--Nothing in this section shall be
construed to provide any new authority or to alter or otherwise affect
the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or
any requirement under the National Security Act of 1947 (50 U.S.C. 3001
et seq.).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:

``130j. Notification requirements for sensitive military cyber
                            operations.
``130k. Notification requirements for cyber weapons.''.

Summary: This bill instructs the Department of Defense (DOD) to notify the congressional defense committees within 48 hours after any sensitive military cyber operation has been conducted. A sensitive military cyber operation is an offensive cyber operation or a defensive cyber operation outside DOD's information networks to defeat an ongoing or imminent threat that: (1) is carried out by the US Armed Forces or by a foreign partner in coordination with them, and (2) is intended to cause effects outside of a geographic location where the Armed Forces are involved in hostilities. DOD must also notify such committees within 48 hours after: (1) the completion of any review of the legality under international law of a cyber capability that is intended for use as a weapon. And (2) the use as a weapon of any cyber capability that has been approved under international law. Such notification requirements shall not apply to: (1) a training exercise conducted with the consent of all of the nations where its intended effects will occur, or (2) a covert action.

To amend title 10, United States Code, to require congressional notification concerning sensitive military cyber operations and cyber weapons, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oil Subsidy Elimination Act of
2006''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) On Friday April 21, 2006, the trading price for a
        barrel of oil reached a new record high of $75.17. As a result
        the price of gasoline in many areas around the country jumped
        to $3 per gallon or higher.
            (2) According to the Energy Information Administration
        (EIA) of the Department of Energy, gas prices are expected to
        rise nationally by at least another 25 cents in the short term.
            (3) Oil companies are receiving record profits as a result
        of high gas prices. In 2005, ExxonMobil--the Nation's largest
        oil company--earned a net income of $36.1 billion, up 31
        percent from the year before. In the fourth quarter of 2005
        alone, ExxonMobile earned $10 billion, up from the previous
        record of $9.92 billion set by ExxonMobile in the third quarter
        of 2005.
            (4) While high energy prices are squeezing the American
        middle class, oil executives are receiving record compensation
        and retirement packages. For example, the retiring chairman of
        ExxonMobil was recently given a $400 million retirement
        package--one of the largest in history.
            (5) In the 108th and 109th Congresses, the United States
        Congress passed, and the President signed, legislation giving
        billions in taxpayer dollars away to the oil industry in the
        form of tax breaks--even as this industry continues to garner
        record breaking profits.
            (6) At a November 9, 2005, joint hearing of the Committee
        on Energy and Natural Resources and the Committee on
        Environment and Public Works of the Senate, the chief executive
        officers of the top five oil companies testified that their
        companies did not need the Federal tax incentives included in
        the Energy Policy Act of 2005 (Public Law 109-58).
            (7) On April 25, 2006, President Bush stated ``Record oil
        prices and large cash flows also mean that Congress has got to
        understand that these energy companies don't need unnecessary
        tax breaks like the write-offs of certain geological and
        geophysical expenditures, or the use of taxpayers' money to
        subsidize energy companies research into deep water drilling.
        I'm looking forward to Congress to take about $2 billion of
        these tax breaks out of the budget over a 10-year period of
        time. Cash flows are up. Taxpayers don't need to be paying for
        certain of these expenses on behalf of the energy companies.''.

SEC. 2. REQUIREMENTS FOR CERTAIN LARGE INTEGRATED OIL COMPANIES.

    (a) Revaluation of LIFO Inventories of Large Integrated Oil
Companies.--
            (1) General rule.--Notwithstanding any other provision of
        law, if a taxpayer is an applicable integrated oil company for
        its last taxable year ending in calendar year 2005, the
        taxpayer shall--
                    (A) increase, effective as of the close of such
                taxable year, the value of each historic LIFO layer of
                inventories of crude oil, natural gas, or any other
                petroleum product (within the meaning of section 4611)
                by the layer adjustment amount, and
                    (B) decrease its cost of goods sold for such
                taxable year by the aggregate amount of the increases
                under paragraph (1).
        If the aggregate amount of the increases under paragraph (1)
        exceed the taxpayer's cost of goods sold for such taxable year,
        the taxpayer's gross income for such taxable year shall be
        increased by the amount of such excess.
            (2) Layer adjustment amount.--For purposes of this
        section--
                    (A) In general.--The term ``layer adjustment
                amount'' means, with respect to any historic LIFO
                layer, the product of--
                            (i) $18.75, and
                            (ii) the number of barrels of crude oil (or
                        in the case of natural gas or other petroleum
                        products, the number of barrel-of-oil
                        equivalents) represented by the layer.
                    (B) Barrel-of-oil equivalent.--The term ``barrel-
                of-oil equivalent'' has the meaning given such term by
                section 29(d)(5) (as in effect before its redesignation
                by the Energy Tax Incentives Act of 2005).
            (3) Application of requirement.--
                    (A) No change in method of accounting.--Any
                adjustment required by this section shall not be
                treated as a change in method of accounting.
                    (B) Underpayments of estimated tax.--No addition to
                the tax shall be made under section 6655 of the
                Internal Revenue Code of 1986 (relating to failure by
                corporation to pay estimated tax) with respect to any
                underpayment of an installment required to be paid with
                respect to the taxable year described in subsection (a)
                to the extent such underpayment was created or
                increased by this section.
            (4) Applicable integrated oil company.--For purposes of
        this subsection, the term ``applicable integrated oil company''
        means an integrated oil company (as defined in section
        291(b)(4) of the Internal Revenue Code of 1986) which has an
        average daily worldwide production of crude oil of at least
        500,000 barrels for the taxable year and which had gross
        receipts in excess of $1,000,000,000 for its last taxable year
        ending during calendar year 2005. For purposes of this
        subsection all persons treated as a single employer under
        subsections (a) and (b) of section 52 of the Internal Revenue
        Code of 1986 shall be treated as 1 person and, in the case of a
        short taxable year, the rule under section 448(c)(3)(B) shall
        apply.
    (b) Elimination of Amortization of Geological and Geophysical
Expenditures for Major Integrated Oil Companies.--
            (1) In general.--Section 167(h) of the Internal Revenue
        Code of 1986 is amended by adding at the end the following new
        paragraph:
            ``(5) Nonapplication to major integrated oil companies.--
        This subsection shall not apply with respect to any expenses
        paid or incurred for any taxable year by any integrated oil
        company (as defined in section 291(b)(4)) which has an average
        daily worldwide production of crude oil of at least 500,000
        barrels for such taxable year.''.
            (2) Effective date.--The amendment made by this section
        shall take effect as if included in the amendment made by
        section 1329(a) of the Energy Policy Act of 2005.
    (c) Modifications of Foreign Tax Credit Rules Applicable to Large
Integrated Oil Companies Which Are Dual Capacity Taxpayers.--
            (1) In general.--Section 901 of the Internal Revenue Code
        of 1986 (relating to credit for taxes of foreign countries and
        of possessions of the United States) is amended by
        redesignating subsection (m) as subsection (n), and by
        inserting after subsection (l) the following new subsection:
    ``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
            ``(1) General rule.--Notwithstanding any other provision of
        this chapter, any amount paid or accrued by a dual capacity
        taxpayer which is a large integrated oil company to a foreign
        country or possession of the United States for any period shall
        not be considered a tax--
                    ``(A) if, for such period, the foreign country or
                possession does not impose a generally applicable
                income tax, or
                    ``(B) to the extent such amount exceeds the amount
                (determined in accordance with regulations) which--
                            ``(i) is paid by such dual capacity
                        taxpayer pursuant to the generally applicable
                        income tax imposed by the country or
                        possession, or
                            ``(ii) would be paid if the generally
                        applicable income tax imposed by the country or
                        possession were applicable to such dual
                        capacity taxpayer.
                Nothing in this paragraph shall be construed to imply
                the proper treatment of any such amount not in excess
                of the amount determined under subparagraph (B).
            ``(2) Dual capacity taxpayer.--For purposes of this
        subsection, the term `dual capacity taxpayer' means, with
        respect to any foreign country or possession of the United
        States, a person who--
                    ``(A) is subject to a levy of such country or
                possession, and
                    ``(B) receives (or will receive) directly or
                indirectly a specific economic benefit (as determined
                in accordance with regulations) from such country or
                possession.
            ``(3) Generally applicable income tax.--For purposes of
        this subsection--
                    ``(A) In general.--The term `generally applicable
                income tax' means an income tax (or a series of income
                taxes) which is generally imposed under the laws of a
                foreign country or possession on income derived from
                the conduct of a trade or business within such country
                or possession.
                    ``(B) Exceptions.--Such term shall not include a
                tax unless it has substantial application, by its terms
                and in practice, to--
                            ``(i) persons who are not dual capacity
                        taxpayers, and
                            ``(ii) persons who are citizens or
                        residents of the foreign country or possession.
            ``(4) Large integrated oil company.--For purposes of this
        subsection, the term `large integrated oil company' means, with
        respect to any taxable year, an integrated oil company (as
        defined in section 291(b)(4)) which--
                    ``(A) had gross receipts in excess of
                $1,000,000,000 for such taxable year, and
                    ``(B) has an average daily worldwide production of
                crude oil of at least 500,000 barrels for such taxable
                year.''
            (2) Effective date.--
                    (A) In general.--The amendments made by this
                subsection shall apply to taxes paid or accrued in
                taxable years beginning after the date of the enactment
                of this Act.
                    (B) Contrary treaty obligations upheld.--The
                amendments made by this subsection shall not apply to
                the extent contrary to any treaty obligation of the
                United States.

SEC. 3. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF
              2005 FOR OIL AND GAS.

    (a) Repeal.--The following provisions, and amendments made by such
provisions, of the Energy Policy Act of 2005 are hereby repealed:
            (1) Section 1323 (relating to temporary expensing for
        equipment used in refining of liquid fuels).
            (2) Section 1328 (relating to determination of small
        refiner exception to oil depletion deduction).
            (3) Section 1329 (relating to amortization of geological
        and geophysical expenditures).
    (b) Administration of Internal Revenue Code of 1986.--The Internal
Revenue Code of 1986 shall be applied and administered as if the
provisions, and amendments, specified in subsection (a) had never been
enacted.

Summary: Oil Subsidy Elimination Act of 2006 - Requires oil companies with annual gross receipts of $1 billion or more and average daily crude oil production levels of at least 500,000 barrels to revalue, according to a specified formula, their 2005 LIFO inventories of crude oil, natural gas, or other petroleum products. Amends the Internal Revenue Code to deny large integrated oil companies: (1) amortization of geological and geophysical expenditures. And (2) foreign tax credits for certain payments made to foreign countries. Repeals provisions of the Energy Policy Act of 2005 relating to: (1) expensing of crude oil refinery property. (2) exemptions from limitations on oil depletion deductions for certain small crude oil refiners, and (3) amortization of geological and geophysical expenditures.

To amend the Internal Revenue Code of 1986 to repeal certain tax incentives for oil companies.