TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``Long-Term 
Investment Incentive Act of 1997''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

SEC. 2. REDUCTION OF TAX ON LONG-TERM CAPITAL GAINS ON ASSETS HELD MORE 
              THAN 2 YEARS.

    (a) In General.--Part I of subchapter P of chapter 1 (relating to 
treatment of capital gains) is amended by redesignating section 1202 as 
section 1203 and by inserting after section 1201 the following new 
section:

``SEC. 1202. CAPITAL GAINS DEDUCTION FOR ASSETS HELD BY NONCORPORATE 
              TAXPAYERS MORE THAN 2 YEARS.

    ``(a) General Rule.--If a taxpayer other than a corporation has a 
net capital gain for any taxable year, there shall be allowed as a 
deduction an amount equal to the sum of the applicable percentages of 
the classes of net capital gain described in the table under subsection 
(b).
    ``(b) Applicable Percentage.--For purposes of this subsection, the 
applicable percentage shall be the percentage determined in accordance 
with the following table:

          
                                                         The applicable
          ``In the case of:
                                                         percentage is:
                  2-year gain........................        7.145     
                  3-year gain........................        14.29     
                  4-year gain........................        21.45     
                  5-year gain........................        28.57     
                  6-year gain........................        35.71     
                  7-year gain........................        42.86     
                  8-year gain........................        50.00.    
    ``(c) Gain to Which Deduction Applies.--For purposes of this 
section--
            ``(1) 2-year gain.--The term `2-year gain' means the lesser 
        of--
                    ``(A) the net capital gain for the taxable year, or
                    ``(B) the amount of long-term capital gain which 
                would be computed for the taxable year if only gain 
                from the sale or exchange of property held by the 
                taxpayer for more than 2 years but not more than 3 
                years were taken into account.
            ``(2) 3-year gain, etc.--The terms `3-, 4-,
        5-, 6-, or 7-year gain' mean the amounts determined under 
        paragraph (1)--
                    ``(A) by reducing the amount of the net capital 
                gain under subparagraph (A) thereof by an amount equal 
                to the long-term capital gain from the sale or exchange 
                of property with a holding period less than the minimum 
                holding period for any such category, and
                    ``(B) by substituting 3, 4, 5, 6, or 7 years for 2 
                years and 4, 5, 6, 7, or 8 years for 3 years, 
                respectively, in subparagraph (B) thereof.
            ``(3) 8-year gain.--The term `8-year gain' means the lesser 
        of--
                    ``(A) the net capital gain for the taxable year, 
                reduced by in the same manner as under paragraph 
                (2)(A), or
                    ``(B) the amount of the long-term capital gain 
                which would be computed for the taxable year if only 
                gain from the sale or exchange of property held by the 
                taxpayer for more than 8 years were taken into account.
    ``(d) Estates and Trusts.--In the case of an estate or trust, the 
deduction under subsection (a) shall be computed by excluding the 
portion (if any) of the gains for the taxable year from sales or 
exchanges of capital assets which, under sections 652 and 662 (relating 
to inclusions of amounts in gross income of beneficiaries of trusts), 
is includible by the income beneficiaries as gain derived from the sale 
or exchange of capital assets.
    ``(e) Coordination With Treatment of Capital Gain Under Limitation 
on Investment Interest.--For purposes of this section, the net capital 
gain for any taxable year shall be reduced (but not below zero) by the 
amount which the taxpayer takes into account as investment income under 
section 163(d)(4)(B)(iii).
    ``(f) Treatment of Collectibles.--
            ``(1) In general.--Solely for purposes of this section, any 
        gain or loss from the sale or exchange of a collectible shall 
be treated as a short-term capital gain or loss (as the case may be), 
without regard to the period such asset was held. The preceding 
sentence shall apply only to the extent the gain or loss is taken into 
account in computing taxable income.
            ``(2) Treatment of certain sales of interest in 
        partnership, etc.--For purposes of paragraph (1), any gain from 
        the sale or exchange of an interest in a partnership, S 
        corporation, or trust which is attributable to unrealized 
        appreciation in the value of collectibles held by such entity 
        shall be treated as gain from the sale or exchange of a 
        collectible. Rules similar to the rules of section 751(f) shall 
        apply for purposes of the preceding sentence.
            ``(3) Collectible.--For purposes of this subsection, the 
        term `collectible' means any capital asset which is a 
        collectible (as defined in section 408(m) without regard to 
        paragraph (3) thereof).
    ``(g) Transitional Rule.--
            ``(1) In general.--Gain may be taken into account under 
        subsection (c) only if such gain is properly taken into account 
        on or after May 7, 1997.
            ``(2) Special rules for pass-thru entities.--
                    ``(A) In general.--In applying paragraph (1) with 
                respect to any pass-thru entity, the determination of 
                when gains and losses are properly taken into account 
                shall be made at the entity level.
                    ``(B) Pass-thru entity defined.--For purposes of 
                subparagraph (A), the term `pass-thru entity' means--
                            ``(i) a regulated investment company,
                            ``(ii) a real estate investment trust,
                            ``(iii) an S corporation,
                            ``(iv) a partnership,
                            ``(v) an estate or trust, and
                            ``(vi) a common trust fund.''
    (b) Deduction Allowable in Computing Adjusted Gross Income.--
Subsection (a) of section 62 is amended by inserting after paragraph 
(16) the following new paragraph:
            ``(17) Long-term capital gains.--The deduction allowed by 
        section 1202.''
    (c) Maximum Capital Gains Rate.--Section 1(h) is amended by adding 
at the end the following new sentence: ``For purposes of this 
subsection, taxable income shall be computed without regard to the 
deduction allowed under section 1202.''
    (d) Treatment of Certain Pass-Thru Entities.--
            (1) Capital gain dividends of regulated investment 
        companies.--
                    (A) Subparagraph (B) of section 852(b)(3) is 
                amended to read as follows:
                    ``(B) Treatment of capital gain dividends by 
                shareholders.--A capital gain dividend shall be treated 
                by the shareholders as gain from the sale or exchange 
                of a capital asset held for more than 1 year but not 
                more than 2 years; except that the portion of any such 
                dividend designated by the company as allocable 2-, 3-, 
                4-, 5-, 6-, 7-, or 8-year gain of the company shall be 
                treated as gain from the sale or exchange of a capital 
                asset held for the amount of years in such class for 
                purposes of section 1202. Rules similar to the rules of 
                subparagraph (C) shall apply to any designation under 
                the preceding sentence.''
                    (B) Clause (i) of section 852(b)(3)(D) is amended 
                by adding at the end the following new sentence: 
                ``Rules similar to the rules of subparagraph (B) shall 
                apply in determining character of the amount to be so 
                included by any such shareholder.''
            (2) Capital gain dividends of real estate investment 
        trusts.--Subparagraph (B) of section 857(b)(3) is amended to 
        read as follows:
                    ``(B) Treatment of capital gain dividends by 
                shareholders.--A capital gain dividend shall be treated 
                by the shareholders or holders of beneficial interests 
                as gain from the sale or exchange of a capital asset 
                held for more than 1 year but not more than 2 years; 
                except that the portion of any such dividend designated 
                by the company as allocable to 2-, 3-, 4-, 5-, 6-, 7-, 
                or 8-year gain of the company shall be treated as gain 
                from the sale or exchange of a capital asset held for 
                the amount of years in such class for purposes of 
                section 1202. Rules similar to the rules of 
                subparagraph (C) shall apply to any designation under 
                the preceding sentence.''
            (3) Common trust funds.--Subsection (c) of section 584 is 
        amended--
                    (A) by inserting ``and not more than 2 years'' 
                after ``1 year'' each place it appears in paragraph 
                (2),
                    (B) by striking ``and'' at the end of paragraph 
                (2), and
                    (C) by redesignating paragraph (3) as paragraph (4) 
                and inserting after paragraph (2) the following new 
                paragraph:
            ``(3) as part of its gains from sales or exchanges of 
        capital assets held for periods described in the classes of 
        gains under section 1202(c), its proportionate share of the 
        gains of the common trust fund from sales or exchanges of 
        capital assets held for such periods, and''.
    (e) Technical and Conforming Changes.--
            (1) Subparagraph (B) of section 170(e)(1) is amended by 
        inserting ``(or, in the case of a taxpayer other than a 
        corporation, the percentage of such gain equal to 100 percent 
        minus the percentage applicable to such gain under section 
        1202(a))'' after ``the amount of gain''.
            (2) Subparagraph (B) of section 172(d)(2) is amended to 
        read as follows:
                    ``(B) the deduction under section 1202 and the 
                exclusion under section 1203 shall not be allowed.''
            (3)(A) Section 221 (relating to cross reference) is amended 
        to read as follows:

``SEC. 221. CROSS REFERENCES.

    ``(1) For deduction for net capital gains in the case of a taxpayer 
other than a corporation, see section 1202.
    ``(2) For deductions in respect of a decedent, see section 691.''
            (B) The table of sections for part VII of subchapter B of 
        chapter 1 is amended by striking ``reference'' in the item 
        relating to section 221 and inserting ``references''.
            (4) The last sentence of section 453A(c)(3) is amended by 
        striking all that follows ``long-term capital gain,'' and 
        inserting ``the maximum rate on net capital gain under section 
        1(h) or 1201 or the deduction under section 1202 (whichever is 
        appropriate) shall be taken into account.''
            (5) Paragraph (4) of section 642(c) is amended to read as 
        follows:
            ``(4) Adjustments.--To the extent that the amount otherwise 
        allowable as a deduction under this subsection consists of gain 
        from the sale or exchange of capital assets held for more than 
        1 year, proper adjustment shall be made for any deduction 
        allowable to the estate or trust under section 1202 or any 
        exclusion allowable to the estate or trust under section 
        1203(a). In the case of a trust, the deduction allowed by this 
        subsection shall be subject to section 681 (relating to 
        unrelated business income).''
            (6) The last sentence of paragraph (3) of section 643(a) is 
        amended to read as follows: ``The deduction under section 1202 
        and the exclusion under section 1203 shall not be taken into 
        account.''
            (7) Subparagraph (C) of section 643(a)(6) is amended by 
        inserting ``(i)'' before ``there shall'' and by inserting 
        before the period ``, and (ii) the deduction under section 1202 
        (relating to capital gains deduction) shall not be taken into 
        account''.
            (8) Paragraph (4) of section 691(c) is amended by striking 
        ``sections 1(h), 1201, and 1211'' and inserting ``sections 
        1(h), 1201, 1202, and 1211''.
            (9) The second sentence of section 871(a)(2) is amended by 
        inserting ``or 1203'' after ``1202''.
            (10) Subsection (d) of section 1044 is amended by striking 
        ``1202'' and inserting ``1203''.
            (11) Paragraph (1) of section 1402(i) is amended by 
        inserting ``, and the deduction provided by section 1202 shall 
        not apply'' before the period at the end thereof.
    (f) Clerical Amendment.--The table of sections for part I of 
subchapter P of chapter 1 is amended by inserting after the item 
relating to section 1201 the following new item:

                              ``Sec. 1202. Capital gains deduction for 
                                        assets held by noncorporate 
                                        taxpayers more than 2 years.''
    (g) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years ending on and after May 7, 1997.
            (2) Contributions.--The amendment made by subsection (e)(1) 
        shall apply to contributions on or after May 7, 1997.

SOLUTION: Long-Term Investment Incentive Act of 1997 - Amends the Internal Revenue Code to establish a sliding scale capital gains deduction on assets held between two years and eight years by noncorporate taxpayers.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grand Staircase Escalante 
Enhancement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Establishment of Escalante Canyons National Park and Preserve.
Sec. 5. Withdrawals.
Sec. 6. Map and legal description.
Sec. 7. Grand Staircase National Monument.
Sec. 8. Kaiparowits National Monument.
Sec. 9. Escalante Canyons National Monument.
Sec. 10. Escalante Canyons National Park and Preserve, Grand Staircase 
                            National Monument, Kaiparowits National 
                            Monument, and Escalante Canyons National 
                            Monument Management Council.
Sec. 11. Federal land manager adherence.
Sec. 12. Clarification.
Sec. 13. Restoration of land status.
Sec. 14. Hole in the Rock Road.
Sec. 15. Effect on proclamations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Management council.--The term ``Management Council'' 
        means the council established under section 10.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. ESTABLISHMENT OF ESCALANTE CANYONS NATIONAL PARK AND PRESERVE.

    (a) Establishment.--There is hereby established within the 
Escalante Canyons National Monument the ``Escalante Canyons National 
Park and Preserve'' in the State of Utah.
    (b) Boundaries.--The boundaries of Escalante Canyons National Park 
and Preserve are as generally depicted on the map entitled ``____'', 
numbered ___, and dated ____. The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (c) Purpose.--The purpose of the Escalante Canyons National Park 
and Preserve shall be to protect, conserve, and enhance in the 
Escalante Canyons National Park and Preserve--
            (1) the unique and nationally important historic, natural, 
        scenic, and natural resources;
            (2) recreation, including hunting; and
            (3) grazing.

SEC. 5. WITHDRAWALS.

    Subject to valid existing rights, any Federal land within the 
Escalante Canyons National Park and Preserve, including any land or 
interest in land that is acquired by the United States after the date 
of enactment of this Act, is withdrawn from--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.

SEC. 6. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a map and legal description 
of the Escalante Canyons National Park and Preserve.
    (b) Force and Effect.--The map and legal description submitted 
under this section shall have the same force and effect as if included 
in this Act, except that the Secretary may make minor modifications of 
any clerical or typographical errors in the map or legal description 
provided these changes are first reported to the State of Utah, 
Garfield and Kane Counties in Utah, and the Management Council.

SEC. 7. GRAND STAIRCASE NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, the Federal 
land comprising approximately 211,983 acres, identified as ``Grand 
Staircase Unit'' and generally depicted on the map entitled ``Grand 
Staircase-Escalante National Monument Modification'' is hereby 
established as the ``Grand Staircase National Monument''.
    (b) Purpose.--The purpose of the Grand Staircase National Monument 
shall be to protect, conserve, and enhance the monument's--
            (1) unique and nationally important historic, scenic, and 
        natural resources;
            (2) recreation, including hunting; and
            (3) grazing.
    (c) Map.--
            (1) As soon as practicable after the date of the enactment 
        of this Act, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a map 
        and legal description of the Grand Staircase National Monument 
        established in this section.
            (2) The map and legal description submitted under this 
        section shall have the same force and effect as if included in 
        this title, except that the Secretary may make minor 
        modification of any clerical or typographical errors in the map 
        or legal description provided these changes are first reported 
        to the State of Utah, Kane County, Utah, and the Management 
        Council.
            (3) A copy of the map and legal description shall be on 
        file and available for public inspection in the appropriate 
        field offices of the Bureau of Land Management.

SEC. 8. KAIPAROWITS NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, the Federal 
land comprising approximately 551,117 acres, identified as 
``Kaiparowits Unit'' and generally depicted on the map entitled ``Grand 
Staircase-Escalante National Monument Modification'' is hereby 
established as the ``Kaiparowits National Monument''.
    (b) Purpose.--The purpose of the Kaiparowits National Monument 
shall be to protect, conserve, and enhance the monument's--
            (1) unique and nationally important historic, scenic, and 
        natural resources;
            (2) recreation, including hunting; and
            (3) grazing.
    (c) Map.--
            (1) As soon as practicable after the date of the enactment 
        of this Act, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a map 
        and legal description of the Kaiparowits National Monument 
        established in this section.
            (2) The map and legal description submitted under this 
        section shall have the same force and effect as if included in 
        this title, except that the Secretary may make minor 
        modification of any clerical or typographical errors in the map 
        or legal description provided these changes are first reported 
        to the State of Utah, Kane and Garfield Counties, Utah, and the 
        Management Council.
            (3) A copy of the map and legal description shall be on 
        file and available for public inspection in the appropriate 
        field offices of the Bureau of Land Management.

SEC. 9. ESCALANTE CANYONS NATIONAL MONUMENT.

    (a) Establishment.--Subject to the valid existing rights, the 
Federal land comprising approximately 243,241 acres, identified as 
``Escalante Canyons Unit'' and generally depicted on the map entitled 
``Grand Staircase-Escalante National Monument Modification'' is hereby 
established as the ``Escalante Canyons National Monument''.
    (b) Purpose.--The purpose of the Escalante Canyons National 
Monument shall be to protect, conserve, and enhance the monument's--
            (1) unique and nationally important historic, scenic, and 
        natural resources;
            (2) recreation, including hunting; and
            (3) grazing.
    (c) Map.--
            (1) As soon as practicable after the date of the enactment 
        of this Act, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a map 
        and legal description of the Escalante Canyons National 
        Monument established in this section.
            (2) The map and legal description submitted under this 
        section shall have the same force and effect as if included in 
        this title, except that the Secretary may make minor 
        modification of any clerical or typographical errors in the map 
        or legal description provided these changes are first reported 
        to the State of Utah, Garfield County, Utah, and the Management 
        Council.
            (3) A copy of the map and legal description shall be on 
        file and available for public inspection in the appropriate 
        field offices of the Bureau of Land Management.

SEC. 10. ESCALANTE CANYONS NATIONAL PARK AND PRESERVE, GRAND STAIRCASE 
              NATIONAL MONUMENT, KAIPAROWITS NATIONAL MONUMENT, AND 
              ESCALANTE CANYONS NATIONAL MONUMENT MANAGEMENT COUNCIL.

    (a) Establishment.--The Management Council is hereby established.
    (b) Duties.--The Management Council shall develop and implement the 
comprehensive management plans for the Escalante Canyons National Park 
and Preserve, the Grand Staircase National Monument, the Kaiparowits 
National Monument, and the Escalante Canyons National Monument 
consistently with the purposes of those areas as provided in this Act.
    (c) Membership.--The Management Council shall be composed of 7 
members appointed not later than 180 days after the date of the 
enactment of this Act as follows:
            (1) One individual from the Department of Interior, 
        appointed by the President.
            (2) Five individuals, appointed by the President in 
        consultation with the Congressional delegation from the State 
        of Utah and the Governor of Utah, who shall represent the 
        following:
                    (A) Two from the Garfield County, Utah, Board of 
                Commissioners.
                    (B) Two from the Kane County, Utah, Board of 
                Commissioners.
                    (C) One Utah State Legislator representing Kane 
                County, Garfield County, or both.
            (3) One at-large representative appointed by the President.
    (d) Qualifications.--The members appointed under subsections (c)(2) 
and (3) shall not be employees of the Federal Government.
    (e) Terms.--The President shall appoint the members under 
subsections (c)(2) and (3) for a term of 5 years, except that the 
President shall designate staggered terms for the members initially 
appointed to the Management Council. The President may reappoint a 
member to not more than three consecutive terms.
    (f) Vacancies.--Vacancies of members appointed under subsections 
(c)(2) and (3) shall be filled in the same manner as such positions 
were originally filled as soon as practicable after the vacancy has 
occurred.
    (g) Compensation.--Members appointed under subsections (c)(2) and 
(3) shall serve without pay, except for reasonable travel expenses, 
including per diem in lieu of subsistence, at the rate authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of duties for the Council.
    (h) Chair.--The members shall select the chair of the Management 
Council from the members appointed under subsection (c)(2) and (3) for 
a term beginning on the date of selection, and ending in 5 years or 
until the member's term of office expires, whichever occurs first.
    (i) Staff Assistance.--The Management Council may request 
administrative assistance from Federal employees under the jurisdiction 
of the Secretary of the Interior or the Secretary of Agriculture.
    (j) Meetings.--
            (1) Frequency.--The Management Council shall meet at the 
        call of the Chair or a majority of the members. Meetings shall 
        be held no less than once per year. A majority must be present 
        to constitute a quorum to conduct official business.
            (2) Announcement; open meetings.--All meetings of the 
        Management Council shall be announced at least one week in 
        advance in publications of general circulation and shall be 
        open to the public.
    (k) Administration.--
            (1) The Management Council shall allow hunting, fishing and 
        trapping on lands and water under the jurisdiction of the 
        Secretary within the Escalante Canyons National Park and 
        Preserve in accordance with the applicable laws of the State of 
        Utah.
            (2) The Management Council shall ensure that the privilege 
        of grazing domestic livestock on lands with the Escalante 
        Canyons National Park and Preserve shall continue to be 
        exercised and enhanced in perpetuity. Grazing within the 
        Escalante Canyons National Park and Preserve shall be 
        administered by the National Park Service.

SEC. 11. FEDERAL LAND MANAGER ADHERENCE.

    Federal land managers shall adhere to the management plans created 
by the Management Council.

SEC. 12. CLARIFICATION.

    Nothing in this Act affects the jurisdiction of the State of Utah 
with respect to the management of fish, wildlife and predators in the 
State.

SEC. 13. RESTORATION OF LAND STATUS.

    Subject to valid existing rights, the provisions of existing 
withdrawals, and the requirements of applicable law, the public lands 
excluded from the monument reservation under Presidential Proclamation 
___, dated December 4, 2017, and issued under chapter 3203 of title 54, 
United States Code, shall be open to:
            (1) entry, location, selection, sale or other disposition 
        under the public land laws;
            (2) disposition under all laws relating to mineral and 
        geothermal leasing; and
            (3) location, entry, and patent under the mining laws.

SEC. 14. HOLE IN THE ROCK ROAD.

    The Secretary shall convey to the State of Utah all right, title 
and interest of the United States in and to the Hole in the Rock Road 
(BLM Road 200).

SEC. 15. EFFECT ON PROCLAMATIONS.

    Any provision of Presidential Proclamation 6920, dated September 
18, 1996, and Presidential Proclamation ____, dated December 4, 2017, 
and issued under chapter 3203 of title 54, United States Code, that is 
inconsistent with this Act is hereby declared null and void.

SOLUTION: Grand Staircase Escalante Enhancement Act This bill establishes the Escalante Canyons National Park and Preserve within the Escalante Canyons National Monument (established by this bill and consisting of approximately 243,241 acres) in Utah.  Federal lands within the park and preserve, including lands or interests acquired by the United States afterwards, are withdrawn from:  entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and  operation of the mineral leasing, mineral materials, and geothermal leasing laws.   The bill also establishes the Grand Staircase National Monument (consisting of approximately 211,983 acres) and the Kaiparowits National Monument (consisting of approximately 551,117 acres). A management council shall implement comprehensive management plans for the park and preserve and the monuments. Federal land managers must adhere to the management plans created by the council. The public lands excluded from the lands and interests in lands reserved within the modified boundaries of the Grand Staircase-Escalante National Monument under the Presidential Proclamation dated December 4, 2017, shall be open to:  entry, location, selection, sale, or other disposition under the public land laws; disposition under all laws related to mineral and geothermal leasing; and  location, entry, and patent under the mining laws.   Interior shall convey to the state of Utah the Hole in the Rock Road (BLM [Bureau of Land Management] Road 200). 

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure America's Vote Act of 2005''.

SEC. 2. IMPROVING FAIRNESS AND ACCURACY OF VOTER REGISTRATION.

    (a) Emphasizing Citizenship Requirement on Voter Registration 
Forms.--Paragraph (4) of section 303(b) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(b)(4)) is amended to read as follows:
            ``(4) Emphasizing citizenship requirement on voter 
        registration forms.--The Commission shall revise the mail voter 
        registration form developed under section 9(a)(2) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        (a)(2)) so that the form provides a more prominent emphasis of 
        the requirement that an individual must be a citizen of the 
        United States to register to vote in elections for Federal 
        office.''.
    (b) Prohibiting Rejection of Application for Errors Correctable by 
State.--Section 303(a)(5)(A)(iii) of such Act (42 U.S.C. 
15483(a)(5)(A)(iii)) is amended to read as follows:
                            ``(iii) Prohibiting rejection of 
                        application for errors correctable by state.--A 
                        State shall not reject an application for voter 
                        registration for Federal office solely on the 
                        grounds that the individual failed to provide 
                        the information required under clause (i) or 
                        made an error in providing such information, if 
                        with reasonable effort the State would be able 
                        to provide the correct information.''.
    (c) Preventing Incorrect Removal of Eligible Voters From Voter 
Registration List.--
            (1) Requiring databases to meet accuracy standards.--
                    (A) In general.--Section 303(a) of such Act (42 
                U.S.C. 15483(a)) is amended by adding at the end the 
                following new paragraph:
            ``(6) Requiring databases used to remove voters to meet 
        accuracy standards.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection or any provision of the 
                National Voter Registration Act of 1993, a State may 
                not remove an individual from the official list of 
                eligible voters for elections for Federal office in the 
                State by reason of felony status or by reason of the 
                death of the registrant unless the applicable database 
                meets accuracy standards established by the Director of 
                the National Institute of Standards and Technology in 
                consultation with the Commission.
                    ``(B) Applicable database defined.--In this 
                paragraph, the term `applicable database' means--
                            ``(i) in the case of an individual 
                        removable from the official list of eligible 
                        voters by reason of felony status, the database 
                        used by the State to determine the individual's 
                        felony status; or
                            ``(ii) in the case of an individual 
                        removable from the official list of eligible 
                        voters by reason of death, the database used by 
                        the State to determine which individuals have 
                        died.''.
                    (B) Conforming amendment.--Section 303(a)(2)(A) of 
                such Act (42 U.S.C. 15483(a)(2)(A)) is amended by 
                striking ``The appropriate'' and inserting ``Except as 
                provided in paragraph (6), the appropriate''.
                    (C) Deadline for establishment of standards.--The 
                Director of the National Institute of Standards and 
                Technology shall establish the accuracy standards 
                described in section 303(a)(6) of the Help America Vote 
                Act of 2002 (as added by subparagraph (A)) not later 
                than January 1, 2006.
            (2) Publication of list of individuals removed from 
        computerized list.--Section 303(a) of such Act (42 U.S.C. 
        15483(a)), as amended by paragraph (1), is further amended by 
        adding at the end the following new paragraph:
            ``(7) Public notice of individuals removed from 
        computerized list.--Not later than 45 days before the date of 
        any Federal election held in the State, each State shall notify 
        the public, by posting on the Internet on the public web site 
        of the chief State election official and through such other 
        methods as the State considers appropriate, of--
                    ``(A) all names which have been removed from the 
                computerized list established and maintained under this 
                section since the later of the most recent election for 
                Federal office held in the State or the day of the most 
                recent previous public notice provided under this 
                section;
                    ``(B) the criteria, processes, and procedures used 
                to determine which names were removed; and
                    ``(C) information on the steps an individual may 
                take to appeal the removal of the individual's name 
                from the list and reinstate the individual to the list 
                prior to the election.''.
            (3) Conforming amendment relating to applicability of 
        definition of chief state election official.--Section 253(e) of 
        such Act (42 U.S.C. 15403(e)) is amended by striking ``this 
        subtitle'' and inserting ``this Act''.
            (4) Effective date.--Section 303(d)(1) of such Act (42 
        U.S.C. 15483(d)(1)) is amended--
                    (A) in subparagraph (A), by striking ``subparagraph 
                (B)'' and inserting ``subparagraphs (B) and (C)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Exception for certain requirements.--Each 
                State shall be required to comply with the requirements 
                of paragraph (6) of subsection (a) (relating to 
                accuracy standards for databases used for voter 
                removal) and paragraph (7) of subsection (a) (relating 
                to public notice of individuals removed from the 
                computerized list) not later than January 1, 2006.''.

SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT 
              INCORRECT POLLING PLACES.

    Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(a)(4)) is amended to read as follows:
            ``(4)(A) An individual's provisional ballot shall be 
        counted as a vote in an election for Federal office if the 
        appropriate State or local election official to whom the ballot 
        or voter information is transmitted under paragraph (3) 
        determines that the individual is eligible under State law to 
        vote in that election--
                    ``(i) at the polling place at which the individual 
                cast the provisional ballot; or
                    ``(ii) at any other polling place at which votes 
                are cast, in the same election for the same Federal 
                office, which is located--
                            ``(I) in the case of elections held prior 
                        to 2008, in the registrar's jurisdiction (or, 
                        at the option of the State, in the State), or
                            ``(II) in the case of elections held during 
                        2008 or any subsequent year, in the State.
            ``(B) The appropriate State or local election official 
        shall ensure that, at each polling place for an election for 
        Federal office, a list is available which shows--
                    ``(i) all individuals registered to vote in that 
                election at all polling places located in the 
                registrar's jurisdiction; and
                    ``(ii) for each such individual, the polling place 
                at which the individual is registered.
            ``(C) In this paragraph, the term `registrar's 
        jurisdiction' has the meaning given such term in section 8(j) 
        of the National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg-6(j)).''.

SEC. 4. ADDITIONAL SECURITY REQUIREMENTS FOR VOTING SYSTEMS.

    Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 
15481(a)) is amended by adding at the end the following new paragraphs:
            ``(7) Security standards for voting systems used in federal 
        elections.--
                    ``(A) In general.--No voting system may be used in 
                an election for Federal office in a State unless the 
                manufacturer of the system, the manufacturer of the 
                software used in connection with the system for the 
                election (hereafter in this paragraph referred to as 
                the `election software'), and the chief State election 
                official of the State meet the applicable requirements 
                described in subparagraph (B).
                    ``(B) Requirements described.--The requirements 
                described in this subparagraph with respect to a voting 
                system used in a State are as follows:
                            ``(i) The chief State election official 
                        shall ensure that all custodians of the 
                        election software digitally sign the software 
                        (in accordance with standards established by 
                        the National Institute of Standards and 
                        Technology), shall provide the Commission with 
                        information on the steps taken to ensure that 
                        these custodians meet this requirement, and 
                        shall make the information provided to the 
                        Commission available to the public by posting 
                        the information on the Internet on the public 
                        web site of the chief State election official.
                            ``(ii) The manufacturer of the system and 
                        the manufacturer of the election software shall 
                        each provide the Commission and the chief State 
                        election official with updated information 
                        regarding the identification of each individual 
                        who participated in the writing of the 
                        software, including specific information 
                        regarding whether the individual has ever been 
                        convicted of a felony or of any crime involving 
                        election fraud.
                            ``(iii) The manufacturer of the system and 
                        the manufacturer of the election software (as 
                        the case may be) shall provide the source code, 
                        object code, and executable representation of 
                        the software to the Commission and the chief 
                        State election official, and shall notify the 
                        chief State election official immediately if 
                        the manufacturer alters such codes.
                            ``(iv) The manufacturer of the system and 
                        the manufacturer of the election software shall 
                        meet standards established by the Commission to 
                        prevent the existence or appearance of any 
                        conflict of interest with respect to candidates 
                        for public office and political parties, 
                        including standards to ensure that each such 
                        manufacturer and its officers and directors do 
                        not hold positions of authority in any 
                        political party or in any partisan political 
                        campaign.
                    ``(C) Public availability of certain information.--
                Upon request by any member of the public, the 
                Commission or each chief State election official shall 
                make available on a timely basis any information 
                provided to or maintained by the Commission or the 
                official under subparagraph (B)(iii).
            ``(8) Prohibition of use of wireless communications devices 
        in voting systems.--No voting system shall contain, use, or be 
        accessible by any wireless, power-line, or concealed 
        communication device.
            ``(9) Prohibiting connection of system or transmission of 
        system information over the internet.--No component of any 
        voting system upon which votes are cast shall be connected to 
        the Internet.''.

SEC. 5. PUBLICATION OF STATE ELECTION LAWS.

    (a) Requiring States to Make Election Laws Available to Public.--
Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482) 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Publication of state election laws.--
                    ``(A) Regular republication during election 
                years.--The chief State election official of each State 
                shall publish all State laws, regulations, procedures, 
                and practices relating to Federal elections on January 
                1 of each year in which there is a regularly scheduled 
                election for a Federal office (beginning with 2006).
                    ``(B) Maintenance on the internet.--Each State 
                shall be required to post on the Internet on the public 
                web site of the chief State election official all of 
                the material referred to in paragraph (1), and to 
                update the contents of such site to reflect revisions 
                to such material not later than 24 hours after a 
                revision is made.''.
    (b) Conforming Amendments.--Section 302 of such Act (42 U.S.C. 
15482) is amended--
            (1) in subsection (b)(3) (as redesignated by subsection 
        (a)(1)), by striking ``this section'' and inserting ``paragraph 
        (1)''; and
            (2) in subsection (d), by striking ``Each State'' and 
        inserting ``Except as provided in subsection (b)(2), each 
        State''.

SEC. 6. CRIMINAL PENALTIES FOR VOTER SUPPRESSION.

    Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544) 
is amended by adding at the end the following new subsection:
    ``(c) Voter Suppression.--
            ``(1) In general.--It is unlawful for any person--
                    ``(A) to assert to any State election official that 
                an individual is not eligible to vote in an election 
                for Federal office, unless the assertion is made in 
                good faith on the basis of facts known to the person 
                making the assertion; or
                    ``(B) to knowingly provide any person with false 
                information regarding an individual's eligibility to 
                vote in an election for Federal office or regarding the 
                time, place, or manner of voting in such an election.
            ``(2) Penalty.--A person who violates paragraph (1) shall 
        be fined in accordance with title 18, United States Code, or 
        imprisoned for not more than 1 year, or both, for each such 
        violation.''.

SEC. 7. ESTABLISHMENT OF BEST PRACTICES FOR TREATMENT OF BALLOTS OF 
              ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.

    (a) In General.--Not later than January 1, 2006, the Election 
Assistance Commission, working in cooperation with the Secretary of 
Defense, the Secretary of State, and the Attorney General, shall 
establish best practice guidelines for the treatment of absentee 
ballots of absent uniformed services voters and overseas voters to 
ensure the timely delivery of ballots to such voters and the timely 
return of ballots from such voters.
    (b) Definitions.--In this section, the terms ``absent uniformed 
services voter'' and ``overseas voter'' have the meaning given such 
terms in section 107 of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-6).

SEC. 8. SIMULTANEOUS TRANSMISSION OF BUDGET REQUESTS OF ELECTION 
              ASSISTANCE COMMISSION TO PRESIDENT AND CONGRESS.

    (a) In General.--Part 1 of subtitle A of title II of the Help 
America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by 
inserting after section 209 the following new section:

``SEC. 209A. SUBMISSION OF BUDGET REQUESTS.

    ``Whenever the Commission submits any budget estimate or request to 
the President or the Director of the Office of Management and Budget, 
it shall concurrently transmit a copy of such estimate or request to 
the Congress.''.
    (b) Clerical Amendment.--The table of contents for part 1 of 
subtitle A of title II of such Act is amended by inserting after the 
item relating to section 209 the following new item:

``Sec. 209A. Submission of budget requests.''.

SEC. 9. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall 
apply with respect to elections for Federal office held in 2006 and 
each year thereafter.

SOLUTION:
Secure America's Vote Act of 2005 - Amends the Help America Vote Act of 2002 to direct the Election Assistance Commission to revise the mail voter registration form to emphasize more prominently the requirement that an individual be a U.S. citizen to register to vote in federal elections.

Prohibits a state from: (1) rejecting an application for voter registration for federal office soley for the individual's failure to provide required information or error in providing such information, if with reasonable effort the state would be able to correct it; or (2) removing an individual from the official list of eligible voters for federal elections by reason of felony status or death unless the applicable database meets accuracy standards established by the Director of the National Institute of Standards and Technology.

Requires a state to notify the public, within 45 days before any federal election, by posting on the chief state election official's public website, and through other appropriate methods, of: (1) all names removed from the computerized list since the later of the most recent election for federal office held in the state or the day of the most recent previous public notice; (2) the criteria, processes, and procedures used to determine which names were removed; and (3) information on the steps an individual may take to appeal such removal and reinstate himself or herself before the election.

Establishes a uniform standard for the treatment of provisional ballots cast at an incorrect polling place.

Provides for additional security requirements for voting systems used in federal elections.

Requires states to make election laws available to the public.

Establishes criminal penalties for voter suppression.

Directs the Election Assistance Commission to establish best practice guidelines for the treatment of absentee ballots of uniformed services voters and overseas voters to ensure their timely delivery and return.