instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DNA Sexual Assault Justice Act of 
2002''.

SEC. 2. ASSESSMENT ON BACKLOG IN DNA ANALYSIS OF SAMPLES.

    (a) Assessment.--
            (1) In general.--The Attorney General shall survey each law 
        enforcement jurisdiction to assess the backlog of DNA testing 
        of rape kit samples and other sexual assault evidence.
            (2) Determinations.--The Attorney General, acting through 
        the Director of the National Institute of Justice, shall carry 
        out an assessment of Federal, State, local, and tribal 
        territories law enforcement jurisdictions to determine the 
        amount of--
                    (A) evidence contained in rape kits that has not 
                been subjected to DNA testing and analysis; and
                    (B) evidence from sexual assault crimes that has 
                not been subjected to DNA testing and analysis.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall submit to 
        Congress a report on the assessment carried out under 
        subsection (a).
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) the results of the assessment carried out under 
                subsection (a);
                    (B) the number of rape kit samples and other 
                evidence from sexual assault crimes that have not been 
                subjected to DNA testing and analysis; and
                    (C) a plan for carrying out additional assessments 
                and reports to continue until all law enforcement 
                jurisdictions report no backlog in crime scene DNA 
                testing and analysis.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE KITS.

    Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(a)) is amended--
            (1) in paragraph (2), by inserting ``including samples from 
        rape kits and nonsuspect cases'' after ``crime scenes''; and
            (2) by adding at the end the following:
            ``(4) To ensure that DNA testing and analysis of samples 
        from rape kits and nonsuspect cases are carried out in a timely 
        manner.''.

SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS.

    Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(j)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) $25,000,000 for fiscal year 2003;
                    ``(D) $25,000,000 for fiscal year 2004;
                    ``(E) $25,000,000 for fiscal year 2005; and
                    ``(F) $25,000,000 for fiscal year 2006.''; and
            (2) in paragraph (2), by striking subparagraphs (C) and (D) 
        and inserting the following:
                    ``(C) $100,000,000 for fiscal year 2003;
                    ``(D) $100,000,000 for fiscal year 2004;
                    ``(E) $50,000,000 for fiscal year 2005; and
                    ``(F) $50,000,000 for fiscal year 2006.''.

SEC. 5. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY FOR AND RECEIVE DNA 
              BACKLOG ELIMINATION GRANTS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (a), by inserting ``or eligible units of 
        local government'' after ``eligible States'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or unit of local government'' after 
                ``State'' each place that term appears;
                    (B) in paragraph (1), by inserting ``or unit of 
                local government'' after ``State'';
                    (C) in paragraph (3), by inserting ``or unit of 
                local government'' after ``State'' the first time that 
                term appears;
                    (D) in paragraph (4)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (E) in paragraph (5)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking the final period and 
                        inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(6) if the applicant is a unit of local government, 
        certify that the applicant participates in a State laboratory 
        system.'';
            (3) in subsection (c), by inserting ``or unit of local 
        government'' after ``State'';
            (4) in subsection (d)(2)(A), by inserting ``or units of 
        local government'' after ``States'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by inserting ``or local 
                government'' after ``State'' each place that term 
                appears; and
                    (B) in paragraph (2), by inserting ``or unit of 
                local government'' after ``State'';
            (6) in subsection (f), by inserting ``or unit of local 
        government'' after ``State'';
            (7) in subsection (g)--
                    (A) in paragraph (1), by inserting ``or unit of 
                local government'' after ``State''; and
                    (B) in paragraph (2), by inserting ``or units of 
                local government'' after ``States''; and
            (8) in subsection (h), by inserting ``or unit of local 
        government'' after ``State'' each place that term appears.

SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5) (as amended by section 5), by 
                striking ``and'' at the end;
                    (B) in paragraph (6) (as added by section 5), by 
                striking the period at the end and inserting: ``; 
                and''; and
                    (C) by adding at the end the following:
            ``(7) ensure that each laboratory performing DNA testing or 
        analysis satisfies the quality assurance protocols and 
        practices described in subsection (d)(2).''; and
            (2) by adding at the end the following:
    ``(k) Priority.--In awarding grants under this section, the 
Attorney General shall give priority to a State or unit of local 
government that has a significant rape kit or nonsuspect case backlog 
as compared to other applicants.''.

SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES TO AND 
              INVESTIGATION OF SEXUAL ASSAULT CASES.

    (a) Authorization of Grants.--The Attorney General shall make 
grants to eligible entities to--
            (1) carry out sexual assault examiner training and 
        certification;
            (2) develop sexual assault examiner programs;
            (3) acquire or improve forensic equipment;
            (4) train law enforcement personnel in the handling of 
        sexual assault cases and the collection and use of DNA samples 
        for use as forensic evidence; and
            (5) train law enforcement personnel to recognize, detect, 
        report, and respond to drug-facilitated sexual assaults.
    (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' means--
            (1) a State;
            (2) a unit of local government;
            (3) a college, university, or other institute of higher 
        learning;
            (4) sexual assault examination programs, including sexual 
        assault forensic examiner (SAFE) programs, sexual assault nurse 
        examiner (SANE) programs, and sexual assault response team 
        (SART) programs; and
            (5) a State sexual assault coalition.
    (c) Application.--To receive a grant under this section--
            (1) the chief executive officer of a State, unit of local 
        government, or university that desires a grant under this 
        section shall submit to the Attorney General--
                    (A) an application in such form and containing such 
                information as the Attorney General may require;
                    (B) certification that the testing will be done in 
                a laboratory that complies with the quality assurance 
                and proficiency testing standards for collecting and 
                processing DNA samples issued by the Director of the 
                Federal Bureau of Investigation under section 210303 of 
                the DNA Identification Act of 1994 (42 U.S.C. 14131);
                    (C) notice that the applicant is aware of, and 
                utilizing, uniform protocols and standards issued by 
                the Department of Justice on the collection and 
                processing of DNA evidence at crime scenes; and
                    (D) if the applicant is a unit of local government, 
                certification that the applicant participates in a 
                State laboratory system; and
            (2) an existing or proposed sexual assault examination 
        program shall submit to the Attorney General--
                    (A) an application in such form and containing such 
                information as the Attorney General may require;
                    (B) certification that the program complies with 
                the standards and recommended protocol developed by the 
                Attorney General pursuant to section 1405 of the 
                Victims of Trafficking and Violence Protection Act of 
                2000 (42 U.S.C. 3796gg note); and
                    (C) notice that the applicant is aware of, and 
                utilizing, uniform protocols and standards issued by 
                the Department of Justice on the collection and 
                processing of DNA evidence at crime scenes.
    (d) Priority.--In awarding grants under this section, the Attorney 
General shall give priority to proposed or existing sexual assault 
examination programs that are serving, or will serve, populations 
currently underserved by existing sexual assault examination programs.
    (e) Restrictions on Use of Funds.--
            (1) Supplemental funds.--Funds made available under this 
        section shall not be used to supplant State funds, but shall be 
        used to increase the amount of funds that would, in the absence 
        of Federal funds, be made available from State sources for the 
        purposes of this section.
            (2) Administrative costs.--An eligible entity may not use 
        more than 3 percent of the funds it receives under this section 
        for administrative expenses.
            (3) Nonexclusivity.--Nothing in this section shall be 
        construed to limit or restrict the ability of proposed or 
        existing sexual assault examination programs to apply for and 
        obtain Federal funding from any other agency or department or 
        any other Federal Grant program.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $15,000,000 for each of 
fiscal years 2003 through 2006 to carry out this section.

SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS.

    (a) Limitations.--Section 3282 of title 18, United States Code, is 
amended--
            (1) by striking ``Except'' and inserting the following:
    ``(a) Limitation.--Except''; and
            (2) by adding at the end the following:
    ``(b) DNA Profile Indictment.--
            ``(1) In general.--In any indictment found for an offense 
        under chapter 109A, if the identity of the accused is unknown, 
        it shall be sufficient to describe the accused as an individual 
        whose name is unknown, but who has a particular DNA profile.
            ``(2) Exception.--Any indictment described in paragraph 
        (1), which is found within 5 years after the offense under 
        chapter 109A shall have been committed, shall not be subject 
        to--
                    ``(A) the limitations period described in 
                subsection (a); and
                    ``(B) the provisions of chapter 208 until the 
                individual is arrested or served with a summons in 
                connection with the charges contained in the 
                indictment.
            ``(3) Definition.--For purposes of this subsection, the 
        term `DNA profile' means a set of DNA identification 
        characteristics.''.
    (b) Privacy Protection Standard.--Section 10(a) of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135e(a)) is amended by 
inserting before the period at the end the following: ``or in section 
3282(b) of title 18, United States Code.''.
    (c) Rules of Criminal Procedure.--Rule 7 of the Federal Rules of 
Criminal Procedure is amended in subdivision (c)(1) by adding at the 
end the following: ``For purposes of an indictment referred to in 
section 3282 of title 18, United States Code, if the identity of the 
defendant is unknown, it shall be sufficient to describe the defendant, 
in the indictment, as an individual whose name is unknown, but who has 
a particular DNA profile, as defined in that section 3282.''.

SEC. 9. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) SYSTEM.

    Section 210306 of the DNA Identification Act of 1994 (42 
U.S.C.14134) is amended--
            (1) by striking ``There'' and inserting the following:
    ``(a) In General.--There''; and
            (2) by adding at the end the following:
    ``(b) Increased Grants for CODIS.--There is authorized to be 
appropriated to the Federal Bureau of Investigation to carry out a 
redesign of the Combined DNA Index System (CODIS) $9,646,000 for fiscal 
year 2003.''.

SEC. 10. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER PROGRAM 
              (FCOP).

    Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135a) is amended by adding at the end the following:
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Federal Bureau of Investigation to carry out this 
section $497,000 for fiscal year 2003.''.
answer:
DNA Sexual Assault Justice Act of 2002 - Directs the Attorney General to: (1) survey each law enforcement jurisdiction to assess the backlog of DNA testing of rape kit samples and other sexual assault evidence; and (2) make grants to eligible entities to carry out sexual assault examiner training and certification, develop sexual assault examiner programs, acquire or improve forensic equipment, and train law enforcement personnel in the handling of sexual assault cases.Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) ensure that DNA testing and analysis of samples from rape kits and non-suspect cases are carried out in a timely manner; (2) reauthorize grants; (3) authorize local governments to apply for and receive grants; (4) direct the Attorney General to give priority in awarding grants to a State or local governmental unit that has a significant rape kit or non-suspect case backlog; (5) expand the scope of DNA samples subject to privacy protections; and (6) authorize appropriations to the Federal Bureau of Investigation (FBI) for the collection and use of DNA identification information from certain Federal offenders.Amends: (1) the Federal criminal code and the Federal Rules of Criminal Procedure to authorize "John Doe" DNA indictments for sexual abuse (allows describing a person as an unknown individual who has a particular DNA profile if the identity of the accused or defendant is unknown); and (2) the DNA Identification Act of 1994 to authorize appropriations to the FBI to carry out a redesign of the Combined DNA Index System.


question:
SECTION 1. FINDINGS.

    Congress finds the following:
            (1) It is in the national interest that all citizens, 
        including active-duty service members, be allowed to vote in 
        Federal elections.
            (2) Since 1977, active-duty service members serving 
        overseas or on the United States mainland have been excluded 
        from fully participating and voting in both general and runoff 
        Federal elections in American Samoa due to several factors, 
        including local law that requires active duty military members 
        to register in person, limited air and mail service between the 
        U.S. mainland and American Samoa, and delays in the preparation 
        of new ballots in the case of runoff elections.
            (3) American Samoa law requiring uniformed service voters 
        to register to vote in person is contrary to the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
        seq.).
            (4) The Uniformed and Overseas Citizens Absentee Voting Act 
        has been in effect for over 15 years, and American Samoa has 
        not addressed this discrepancy between Federal and territorial 
        law, despite notice that the discrepancy exists.
            (5) It is necessary to take additional action to ensure 
        that the votes of uniformed voters are counted in Federal 
        elections conducted in American Samoa and that active duty 
        service members (including reservists called to active duty) do 
        not need to appear in person to register to vote.
            (6) It is necessary to state that the Uniformed and 
        Overseas Citizens Absentee Voting Act supersedes American Samoa 
        law and American Samoa must comply with this Federal law.
            (7) It is also in the national interest that, to the extent 
        possible, Members of the United States House of Representatives 
        and non-voting Delegates be elected in the first week of 
        November in even-numbered years.
            (8) Since 1980, when the first election for the 
        Congressional Delegate from American Samoa was held, there have 
        been several general elections at which there was no final 
        resolution of who was elected as the Delegate for the next 
        Congress, and run-off elections were required.
            (9) When the outcome of the Delegate election is not 
        resolved until a runoff election is held, a final determination 
        of who the Delegate will be is not made known until late 
        November.
            (10) A delayed outcome may place a newly elected Delegate 
        in a more junior position to other Members of Congress elected 
        on the first Tuesday after the first Monday of November in an 
        election year.
            (11) When more than 2 candidates file to run for election 
        for the office of Delegate, holding a primary election to 
        reduce the number of candidates to 2 will greatly increase the 
        likelihood that the general election will produce a candidate 
        who receives a majority of the votes cast.

SEC. 2. PRIMARY ELECTION REQUIRED.

    Section 2(a) of the Act entitled ``An Act to provide that the 
Territory of American Samoa be represented by a nonvoting Delegate to 
the United States House of Representatives, and for other purposes'', 
approved October 31, 1978 (48 U.S.C. 1732(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) In any general election year when 3 or more eligible 
individuals file by the first Tuesday of July as candidates for the 
office of Delegate, a primary election shall be held on the first 
Tuesday of August of that general election year. If the primary 
election results in 1 candidate receiving more than 50 percent of the 
votes cast, then that candidate shall be the only candidate on the 
ballot for the general election for Delegate that year. If the primary 
election results in no candidate receiving more than 50 percent of the 
votes cast, then the 2 candidates receiving the most votes cast shall 
be on the ballot for the general election year. If there is a tie for 
the 2 candidates receiving the most votes, the names of the 2 
candidates shall be listed on the ballot for that general election 
year.
    ``(3) Candidates for the office of Delegate to the United States 
House of Representatives must file their candidacy not later than the 
first Tuesday of July each year that a general election referred to in 
paragraph (1) is scheduled to be held.''.

SEC. 3. CONFORMING AMENDMENTS.

    Section 4 of the Act entitled ``An Act to provide that the 
Territory of American Samoa be represented by a nonvoting Delegate to 
the United States House of Representatives, and for other purposes'', 
approved October 31, 1978 (48 U.S.C. 1734), is amended by inserting 
``in a general Federal election'' after ``ties between candidates''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on January 1, 
2003.
answer:
Declares that it is necessary to state that the Uniformed and Overseas Citizens Absentee Voting Act supersedes American Samoa law and American Samoa must comply with it.Requires a primary election to be held in American Samoa on the first Tuesday of August of any general election year when three or more eligible individuals have filed by the first Tuesday of July as candidates for the office of Delegate representing American Samoa in the U.S. House of Representatives.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Contractor Proper 
Classification Act of 2007''.

SEC. 2. REFORMATION OF SAFE HARBOR TO CLOSE ITS USE AS A TAX LOOPHOLE.

    (a) Allowance of Prospective Reclassifications.--
            (1) In general.--Section 530(a) of the Revenue Act of 1978, 
        as amended by section 269(c)(1) of the Tax Equity and Fiscal 
        Responsibility Act of 1982, is amended by adding at the end the 
        following new paragraph:
            ``(5) Allowance of reclassifications.--Paragraph (1) shall 
        not apply with respect to the treatment by a taxpayer of any 
        individual for employment tax purposes for any period beginning 
        after a determination by the Secretary of the Treasury that the 
        individual should be treated as an employee of the taxpayer.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply to determinations made after the date of the 
        enactment of this Act.
    (b) Elimination of Ban on IRS Issuing Regulations or Revenue 
Rulings on Employee/independent Contractor Status.--
            (1) In general.--Section 530 of the Revenue Act of 1978, as 
        amended by section 269(c)(2) of the Tax Equity and Fiscal 
        Responsibility Act of 1982, section 1706(a) of the Tax Reform 
        Act of 1986, section 1122(a) of the Small Business Job 
        Protection Act of 1996, and section 864(a) of the Pension 
        Protection Act of 2006, is amended by striking subsection (b) 
        and by redesignating subsections (c), (d), (e), and (f) as 
        subsections (b), (c), (d), and (e), respectively.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act.
    (c) Elimination of Ability of Employers To Rely on Industry 
Practice as a Basis for Claiming Safe Harbor.--
            (1) In general.--Section 530(a)(2) of the Revenue Act of 
        1978 is amended--
                    (A) by striking the semicolon at the end of 
                subparagraph (A) and inserting ``; or'',
                    (B) by striking the semicolon at the end of 
                subparagraph (B) and inserting a period, and
                    (C) by striking subparagraph (C).
            (2) Conforming amendments.--
                    (A) Section 530(d)(2) of the Revenue Act of 1978, 
                as redesignated by subsection (b)(1), is amended--
                            (i) by striking the comma at the end of 
                        subparagraph (A) and inserting a period,
                            (ii) by striking subparagraphs (B) and (C), 
                        and
                            (iii) by striking ``subsection (a)(2)'' in 
                        the matter preceding subparagraph (A) and all 
                        that follows through ``a taxpayer'' and 
                        inserting ``subsection (a)(2), a taxpayer''.
                    (B) Section 530(d)(4)(B) of such Act (as so 
                redesignated) is amended by striking ``subparagraph 
                (A), (B), or (C)'' and inserting ``subparagraph (A) or 
                (B)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to periods beginning after the date which is 60 
        days after the date of the enactment of this Act.

SEC. 3. REVIEW OF CLASSIFICATION STATUS.

    (a) In General.--Section 530 of the Revenue Act of 1978, as amended 
by section 2(b)(1), is amended by adding at the end the following new 
subsections:
    ``(f) Petitions for Review of Status.--
            ``(1) In general.--Under procedures established by the 
        Secretary of the Treasury not later than 90 days after the date 
        of the enactment of this subsection, any individual who 
        performs services for a taxpayer may petition (either 
        personally or through a designated representative or attorney) 
        for a determination of the individual's status for employment 
        tax purposes.
            ``(2) Administrative procedures.--The procedures 
        established under paragraph (1) shall provide for--
                    ``(A) a determination of status not later than 90 
                days after the filing of the petition with respect to 
                employment in any industry (such as the construction 
                industry) in which employment is transient, casual, or 
                seasonal,
                    ``(B) an administrative appeal of any determination 
                that an individual is not an employee of the taxpayer,
                    ``(C) the award of expenses, including expert 
                witness fees and reasonable attorneys' fees for the 
                individual against the taxpayer in any case in which 
                the individual achieves reclassification, and
                    ``(D) the assessment of such expenses against the 
                taxpayer by the Secretary of the Treasury on behalf of 
                such individual.
            ``(3) Prohibition against retaliation.--
                    ``(A) In general.--No taxpayer may discharge an 
                individual, refuse to contract with an individual, or 
                otherwise discriminate against an individual with 
                respect to compensation, terms, conditions, or 
                privileges of the services provided by the individual 
                because the individual (or any designated 
                representative or attorney on behalf of such 
                individual) filed a petition under paragraph (1).
                    ``(B) Enforcement action.--An individual who 
                alleges discharge or other discrimination by any 
                taxpayer in violation of subparagraph (A) may seek 
                relief under the procedures and remedies established 
                under section 42121 of title 49, United States Code.
                    ``(C) Rights retained by individual.--Nothing in 
                this paragraph shall be deemed to diminish the rights, 
                privileges, or remedies of any individual under any 
                Federal or State law, or under any collective 
                bargaining agreement.
    ``(g) Results of Misclassification Determinations.--In any case in 
which the Secretary of the Treasury determines that a taxpayer has 
misclassified an individual as not an employee for employment tax 
purposes, the Secretary of the Treasury shall--
            ``(1) if necessary, perform an employment tax audit of such 
        taxpayer,
            ``(2) inform the Department of Labor about such 
        misclassification,
            ``(3) notify the individual of any eligibility for the 
        refund of self-employment taxes under chapter 2 of the Internal 
        Revenue Code of 1986, and
            ``(4) apply the provisions of section 3509 of the Internal 
        Revenue Code of 1986 and direct the taxpayer to take 
        affirmative action to abate the violation.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 4. COORDINATION, ENFORCEMENT, AND COMPLIANCE.

    (a) Annual Reports.--The Secretary of the Treasury and the 
Secretary of Labor shall each issue annual reports on worker 
misclassification, including--
            (1) information on the number and type of enforcement 
        actions against, and audits of, employers who have 
        misclassified workers,
            (2) relief obtained as a result of such actions against, 
        and audits of, employers who have misclassified workers,
            (3) an overall estimate of the number of employers 
        misclassifying workers, the number of workers affected, and the 
        industries involved,
            (4) the impact of such misclassification on the Federal tax 
        system, and
            (5) the aggregate number of worker misclassification cases 
        with respect to which each Secretary has provided information 
        to the other Secretary and the outcome of actions taken, if 
        any, by each Secretary in each worker misclassification case 
        with respect to which the Secretary has received such 
        information.
As part of the annual report, the Secretary of the Treasury shall 
include information on the outcomes of the petitions filed under 
section 530(f) of the Revenue Act of 1978 and the Secretary of Labor 
shall include information on the outcomes of the complaints and actions 
described in subsection (b)(1)(A) and the investigations required in 
subsection (b)(1)(B).
    (b) Enforcement Activities.--
            (1) Department of labor.--
                    (A) Wage and hour enforcement.--The Secretary of 
                Labor shall identify and track complaints and 
                enforcement actions involving misclassification of 
                independent contractors for the purposes of the laws 
                enforced by the Wage and Hour Division of the 
                Department of Labor.
                    (B) Investigations of industries with worker 
                misclassifications.--The Secretary of Labor shall 
                conduct investigations of industries in which worker 
                misclassification is present as determined by 
                information (other than return information (as defined 
                in section 6103(b)(2)) received from the Secretary of 
                the Treasury and any other relevant information, 
                including reports from other Federal agencies and State 
                workforce, labor, and revenue agencies.
            (2) Authorization of appropriations.--There is authorized 
        such sums as are necessary for the Department of the Treasury 
        and the Department of Labor to carry out the purposes of the 
        provisions of, and amendments made by, this Act.
            (3) Information sharing.--The Secretary of the Treasury and 
        the Secretary of Labor shall exchange information on worker 
        misclassification cases and shall provide such information with 
        relevant State agencies. Upon receipt of such information, the 
        Secretary of the Treasury and the Secretary of Labor shall 
        determine whether further investigation is warranted in each 
        case.

SEC. 5. NOTICE TO EMPLOYEES AND INDEPENDENT CONTRACTORS AND MAINTENANCE 
              OF INFORMATION REGARDING INDEPENDENT CONTRACTORS.

    (a) Notice of Right To Challenge Classification.--The Secretary of 
Labor shall provide for the placement of information on any poster 
required under the Fair Labor Standards Act informing workers of their 
right to seek a status determination from the Internal Revenue Service.
    (b) Employer Notices to Independent Contractors.--Each employer 
shall notify any individual who is hired by the employer as an 
independent contractor within the scope of the employer's trade or 
business, at the time of hire, of the Federal tax obligations of an 
independent contractor, the labor and employment law protections that 
do not apply to independent contractors, and the right of such 
independent contractor to seek a status determination from the Internal 
Revenue Service. The Secretary of the Treasury and the Secretary of 
Labor shall develop model materials for providing such notice.
    (c) Maintenance of Information Regarding Independent Contractors.--
Each employer shall maintain for 3 years a list of the independent 
contractors retained by the employer, including name, address, Social 
Security number and Federal tax identification number, and shall make 
the records available for inspection during investigations.
answer:

Independent Contractor Proper Classification Act of 2007 - Amends the Revenue Act of 1978 to: (1) require employers to treat workers misclassified as independent contractors as employees for employment tax purposes upon a determination of misclassification by the Secretary of the Treasury; (2) repeal the ban on Treasury regulations or revenue rulings on employee/independent contractor classifications; and (3) eliminate the defense of industry practice as a justification for misclassifying workers as independent contractors.

Requires the Secretary to establish a procedure for workers to petition for a determination of their status as employees or independent contractors. Prohibits employers from retaliating against workers filing a petition. Requires the Secretary to take certain actions upon determining that an employee has been misclassified as an independent contractor, including informing the Department of Labor of such misclassification.

Requires the Secretaries of the Treasury and Labor to issue annual reports and exchange information on worker misclassification cases. Directs the Secretary of Labor to: (1) identify and track complaints involving worker misclassification for purposes of enforcing wage and hour laws; and (2) investigate industries identified by the Internal Revenue Service (IRS) as misclassifying workers.

Directs the Secretary of Labor to include on workplace posters required by the Fair Labor Standards Act a notice informing workers of their right to seek a status determination (i.e., whether they are employees or independent contractors) from the IRS.

Requires employers to: (1) notify their independent contractors of their federal tax obligations, the labor and employment protections inapplicable to independent contractors, and their right to seek a status determination from the IRS; and (2) maintain for three years a list of their independent contractors, including names and tax identification numbers.