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PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Native American Children's Safety
Act''.

SEC. 2. CHARACTER INVESTIGATIONS.

Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
''(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.--
''(1) Definitions.--In this subsection:
''(A) Covered individual.--The term 'covered
individual' includes--
''(i) any individual 18 years of age or
older; and
''(ii) any individual who an Indian tribe
described in paragraph (2)(A) determines is
subject to a character investigation under that
paragraph.
''(B) Foster care placement.--The term 'foster care
placement' means any action removing an Indian child
from a parent or Indian custodian for temporary
placement in a foster home or institution or the home
of a guardian or conservator if--
''(i) the parent or Indian custodian cannot
have the child returned on demand; and
''(ii) parental rights have not been
terminated.
''(C) Indian custodian.--The term 'Indian
custodian' means any Indian--
''(i) who has legal custody of an Indian
child under tribal law or custom or under State
law; or
''(ii) to whom temporary physical care,
custody, and control has been transferred by
the parent of the child.
''(D) Parent.--The term 'parent' means--
''(i) any biological parent of an Indian
child; or
''(ii) any Indian who has lawfully adopted
an Indian child, including adoptions under
tribal law or custom.
''(E) Tribal court.--The term 'tribal court' means
a court--
''(i) with jurisdiction over foster care
placements; and
''(ii) that is--
''(I) a Court of Indian Offenses;
''(II) a court established and
operated under the code or custom of an
Indian tribe; or
''(III) any other administrative
body of a tribe that is vested with
authority over foster care placements.
''(F) Tribal social services agency.--The term
'tribal social services agency' means the agency of the
Federal Government or of an Indian tribe described in
paragraph (2)(A) that has the primary responsibility
for carrying out foster care services (as of the date
on which the proceeding described in paragraph (2)(A)
commences) on the Indian reservation of the Indian
tribe.
''(2) Character investigations before placement.--
''(A) In general.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding over which an Indian tribe has exclusive
jurisdiction until the tribal social services agency--
''(i) completes an investigation of the
character of each covered individual who
resides in the household or is employed at the
institution in which the foster care placement
will be made; and
''(ii) concludes that each covered
individual described in clause (i) meets such
standards of character as the Indian tribe
shall establish in accordance with subparagraph
(B).
''(B) Standards of character.--The standards of
character described in subparagraph (A)(ii) shall
include--
''(i) requirements that each tribal social
services agency described in subparagraph (A)--
''(I) perform criminal records
checks, including fingerprint-based
checks of national crime information
databases (as defined in section
534(f)(3) of title 28, United States
Code); and
''(II) check any child abuse and
neglect registry maintained by the
State in which the covered individual
resides for information on the covered
individual, and request any other State
in which the covered individual resided
in the preceding 5 years, to enable the
tribal social services agency to check
any child abuse and neglect registry
maintained by that State for such
information; and
''(ii) any other additional requirement
that the Indian tribe determines is necessary.
''(C) Results.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding described in subparagraph (A) if an
investigation described in clause (i) of that
subparagraph reveals that a covered individual
described in that clause--
''(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
''(ii) is listed on a registry described in
subparagraph (B)(i)(II).
''(D) Deadline.--Except as provided in paragraph
(3), the tribal social services agency shall satisfy
the requirements of clauses (i) and (ii) of
subparagraph (A) not later than 14 days after the date
on which the proceeding described in subparagraph (A)
commences.
''(3) Emergency placement.--Paragraph (2) shall not apply
to an emergency foster care placement, as determined by an
Indian tribe described in paragraph (2)(A).
''(4) Recertification of foster homes or institutions.--
''(A) In general.--Not later than 180 days after
the date of enactment of this subsection, each Indian
tribe shall establish procedures to recertify homes or
institutions in which foster care placements are made.
''(B) Contents.--The procedures described in
subparagraph (A) shall include, at a minimum, periodic
intervals at which the home or institution shall be
subject to recertification to ensure--
''(i) the safety of the home or institution
for the Indian child; and
''(ii) that each covered individual who
resides in the home or is employed at the
institution is subject to a character
investigation in accordance with this
subsection, including any covered individual
who--
''(I) resides in the home or is
employed at the institution on the date
on which the procedures established
under subparagraph (A) commences; and
''(II) did not reside in the home
or was not employed at the institution
on the date on which the investigation
described in paragraph (2)(A)(i) was
completed.
''(C) Regulations promulgated or guidance issued by
the secretary.--The procedures established under
subparagraph (A) shall be subject to any regulation
promulgated or guidance issued by the Secretary that is
in accordance with the purpose of this subsection.
''(5) Regulations.--Not later than 180 days after the date
of enactment of this subsection and after consultation with
Indian tribes, the Secretary shall promulgate a regulation
regarding--
''(A) procedures for a character investigation of
any covered individual who--
''(i) resides in the home or is employed at
the institution in which the foster care
placement is made after the date on which the
investigation described in paragraph (2)(A)(i)
is completed; and
''(ii) was not the subject of an
investigation described in paragraph (2)(A)(i)
before the foster care placement was made;
''(B) self-reporting requirements for foster care
homes or institutions in which any covered individual
described in subparagraph (A) resides if the head of
the household or the operator of the institution has
knowledge that the covered individual--
''(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
''(ii) is listed on a registry described in
paragraph (2)(B)(i)(II);
''(C) procedures and guidelines for emergency
foster care placements under paragraph (3); and
''(D) procedures for certifying compliance with
this Act.''.

SOLUTION: Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit any foster care placement over which an Indian tribe has exclusive jurisdiction from being ordered until the tribal social services agency: (1) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards of character the tribe is required to establish. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to such character investigation. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual: (1) has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs; or (2) is listed on a child abuse and neglect registry in the state where the individual resides or resided within the preceding five years. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Secretary of the Interior to promulgate a regulation establishing: (1) procedures for investigating the character of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the character investigation, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.

PROBLEM: SECTION 1. REPORTING OF BUNDLED CONTRIBUTIONS BY PERSONS OTHER THAN
REGISTERED LOBBYISTS.

(a) In General.--Subsection (i) of section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(i)), as added by the Honest
Leadership and Open Government Act of 2007, is amended--
(1) in paragraph (1), by striking ''reasonably known by the
committee to be a person described in paragraph (7)'';
(2) in paragraph (2), by striking ''means, with respect to
a committee'' and all that follows through ''threshold.'' and
inserting the following: ''means--
''(A) with respect to a committee which is an
authorized committee of a candidate for the office of
President or for nomination to such office--
''(i) the 2-year period preceding the date
of the election for the office of the
President; and
''(ii) any reporting period applicable to
the committee under this section during which
any person provided 2 or more bundled
contributions to the committee in an aggregate
amount greater than the applicable threshold;
and
''(B) with respect to any other committee--
''(i) the period beginning January 1 and
ending June 30 of each year;
''(ii) the period beginning July 1 and
ending December 31 of each year; and
''(iii) any reporting period applicable to
the committee under this section during which
any person provided 2 or more bundled
contributions to the committee in an aggregate
amount greater than the applicable
threshold.'';
(3) in paragraph (3)--
(A) by striking subparagraph (A) and inserting the
following:
''(A) In general.--In this subsection, the
'applicable threshold' is--
''(i) $50,000 in the case of a committee
which is an authorized committee of a candidate
for the office of President or for nomination
to such office; and
''(ii) $15,000 in the case of any other
committee.
In determining whether the amount of bundled
contributions provided to a committee by a person
exceeds the applicable threshold, there shall be
excluded any contribution made to the committee by the
person or the person's spouse.''; and
(B) in subparagraph (B), by striking ''the amount''
each place it appears and inserting ''each amount'';
(4) in paragraph (5), by striking ''described in paragraph
(7)'' each place it appears in subparagraphs (C) and (D);
(5) by striking paragraph (7) and inserting the following:
''(7) Separate reporting for certain persons.--Each
committee required to include a schedule under paragraph (1)
shall also include a separate schedule setting forth the name,
address, and employer of each person listed on the schedule
required under paragraph (1) who, at the time a contribution is
forwarded to a committee as described in paragraph (8)(A)(i) or
is received by a committee as described in paragraph
(8)(A)(ii), is--
''(A) a current registrant under section 4(a) of
the Lobbying Disclosure Act of 1995;
''(B) an individual who is listed on a current
registration filed under section 4(b)(6) of such Act or
a current report under section 5(b)(2)(C) of such Act;
or
''(C) a political committee established or
controlled by such a registrant or individual.
The schedule required under the preceding sentence shall also
include the aggregate amount of bundled contributions provided
by each such person during the covered period.''; and
(6) in paragraph (8)(A)--
(A) by striking ''and a person described in
paragraph (7)''; and
(B) by adding at the end the following flush
sentence:
''The term 'bundled contribution' shall not include any
contribution forwarded by or credited to (through
records, designations, or other means of recognizing a
certain amount of money has been raised) a person who
is a regularly paid employee of the committee.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 204 of the Honest Leadership and Open
Government Act of 2007.

SOLUTION: Amends the Federal Election Campaign Act of 1971, as amended by the Honest Leadership and Open Government Act of 2007, to revise requirements for disclosure of bundled contributions, particularly by an authorized committee of a candidate for the office of President or for nomination to such office (presidential candidate committee).

Applies such reporting requirements to bundled contributions by persons other than registered lobbyists. Requires reporting of lobbyist contributions on a separate schedule.

Sets the covered period for such reports as the two-year period preceding a presidential election, as well as any applicable reporting period during which any person provided two or more bundled contributions in an aggregate amount greater than the specified applicable amount.

Increases the applicable threshold triggering such reporting requirement from $15,000 (currently applicable to any authorized committee of a candidate, a leadership PAC, or a political party committee) to $50,000 in the case of a presidential candidate committee.

Excludes from the calculation of a bundled contribution any contribution by the candidate or the candidate's spouse.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Reducing Information Control
Designations Act''.

SEC. 2. PURPOSE.

The purpose of this Act is to increase Governmentwide information
sharing and the availability of information to the public by
standardizing and limiting the use of information control designations.

SEC. 3. REGULATIONS RELATING TO INFORMATION CONTROL DESIGNATIONS WITHIN
THE FEDERAL GOVERNMENT.

(a) Requirement To Reduce and Minimize Information Control
Designations.--Each Federal agency shall reduce and minimize its use of
information control designations on information that is not classified.
(b) Archivist Responsibilities.--
(1) Regulations.--The Archivist of the United States shall
promulgate regulations regarding the use of information control
designations.
(2) Requirements.--The regulations under this subsection
shall address, at a minimum, the following:
(A) Standards for utilizing the information control
designations in a manner that is narrowly tailored to
maximize public access to information.
(B) The process by which information control
designations will be removed.
(C) Procedures for identifying, marking, dating,
and tracking information assigned the information
control designations, including the identity of
officials making the designations.
(D) Provisions to ensure that the use of
information control designations is minimized and
cannot be used on information--
(i) to conceal violations of law,
inefficiency, or administrative error;
(ii) to prevent embarrassment to Federal,
State, local, tribal, or territorial
governments or any official, agency, or
organization thereof; any agency; or any
organization;
(iii) to improperly or unlawfully interfere
with competition in the private sector;
(iv) to prevent or delay the release of
information that does not require such
protection;
(v) if it is required to be made available
to the public; or
(vi) if it has already been released to the
public under proper authority.
(E) Provisions to ensure that the presumption shall
be that information control designations are not
necessary.
(F) Methods to ensure that compliance with this Act
protects national security and privacy rights.
(G) The establishment of requirements that Federal
agencies, subject to chapter 71 of title 5, United
States Code, implement the following:
(i) A process whereby an individual may
challenge without retribution the application
of information control designations by another
individual and be rewarded with specific
incentives for successful challenges resulting
in--
(I) the removal of improper
information control designations; or
(II) the correct application of
appropriate information control
designations.
(ii) A method for informing individuals
that repeated failure to comply with the
policies, procedures, and programs established
under this section could subject them to a
series of penalties.
(iii) Penalties for individuals who
repeatedly fail to comply with the policies,
procedures, and programs established under this
section after having received both notice of
their noncompliance and appropriate training or
re-training to address such noncompliance.
(H) Procedures for members of the public to be
heard regarding improper applications of information
control designations.
(I) A procedure to ensure that all agency policies
and standards for utilizing information control
designations that are issued pursuant to subsection (c)
be provided to the Archivist and that such policies and
standards are made publicly available on the website of
the National Archives and Records Administration.
(3) Consultation.--In promulgating the regulations, the
Archivist shall consult with the heads of Federal agencies and
with representatives of State, local, tribal, and territorial
governments; law enforcement entities; organizations with
expertise in civil rights, employee and labor rights, civil
liberties, and government oversight; and the private sector, as
appropriate.
(c) Agency Responsibilities.--The head of each Federal agency shall
implement the regulations promulgated by the Archivist under subsection
(b) in the agency in a manner that ensures that--
(1) information can be shared within the agency, with other
agencies, and with State, local, tribal, and territorial
governments, the private sector, and the public, as
appropriate;
(2) all policies and standards for utilizing information
control designations are consistent with such regulations;
(3) the number of individuals with authority to apply
information control designations is limited; and
(4) information control designations may be placed only on
the portion of information that requires control and not on the
entire material.

SEC. 4. ENFORCEMENT OF INFORMATION CONTROL DESIGNATION REGULATIONS
WITHIN THE FEDERAL GOVERNMENT.

(a) Inspector General Responsibilities.--The Inspector General of
each Federal agency, in consultation with the Archivist, shall randomly
audit unclassified information with information control designations.
In conducting any such audit, the Inspector General shall--
(1) assess whether applicable policies, procedures, rules,
and regulations have been followed;
(2) describe any problems with the administration of the
applicable policies, procedures, rules and regulations,
including specific non-compliance issues;
(3) recommend improvements in awareness and training to
address any problems identified under paragraph (2); and
(4) report to the Committee on Oversight and Government
Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Archivist, and the public on the findings of the Inspector
General's audits under this section.
(b) Personal Identifiers.--
(1) In general.--For purposes described in paragraph (2),
the Archivist of the United States shall require that, at the
time of designation of information, the following shall appear
on the information:
(A) The name or personal identifier of the
individual applying information control designations to
the information.
(B) The agency, office, and position of the
individual.
(2) Purposes.--The purposes described in this paragraph are
as follows:
(A) To enable the agency to identify and address
misuse of information control designations, including
the misapplication of information control designations
to information that does not merit such markings.
(B) To assess the information sharing impact of any
such problems or misuse.
(c) Training.--The Archivist, subject to chapter 71 of title 5,
United States Code, and in coordination with the heads of Federal
agencies, shall--
(1) require training as needed for each individual who
applies information control designations, including--
(A) instruction on the prevention of the overuse of
information control designations;
(B) the standards for applying information control
designations;
(C) the proper application of information control
designations, including portion markings;
(D) the consequences of repeated improper
application of information control designations,
including the misapplication of information control
designations to information that does not merit such
markings, and of failing to comply with the policies
and procedures established under or pursuant to this
section; and
(E) information relating to lessons learned about
improper application of information control
designations, including lessons learned pursuant to the
regulations and Inspector General audits required under
this Act and any internal agency audits; and
(2) ensure that such program is conducted efficiently, in
conjunction with any other security, intelligence, or other
training programs required by the agency to reduce the costs
and administrative burdens associated with the additional
training required by this section.
(d) Detailee Program.--
(1) Requirement for program.--The Archivist, subject to
chapter 71 of title 5, United States Code, shall implement a
detailee program to detail Federal agency personnel, on a
nonreimbursable basis, to the National Archives and Records
Administration, for the purpose of--
(A) training and educational benefit for agency
personnel assigned so that they may better understand
the policies, procedures, and laws governing
information control designations;
(B) bolstering the ability of the National Archives
and Records Administration to conduct its oversight
authorities over agencies; and
(C) ensuring that the policies and procedures
established by the agencies remain consistent with
those established by the Archivist of the United
States.
(2) Sunset of detailee program.--Except as otherwise
provided by law, this subsection shall cease to have effect on
December 31, 2012.

SEC. 5. RELEASING INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION
ACT.

(a) Agency Responsibilities.--The head of each Federal agency shall
ensure that--
(1) information control designations are not a determinant
of public disclosure pursuant to section 552 of title 5, United
States Code (commonly referred to as the ''Freedom of
Information Act''); and
(2) all information in the agency's possession that is
releasable is made available to members of the public pursuant
to an appropriate request under such section 552.
(b) Rule of Construction.--Nothing in this Act shall be construed
to prevent or discourage any Federal agency from voluntarily releasing
to the public any unclassified information that is not exempt from
disclosure under section 552 of title 5, United States Code (commonly
referred to as the ''Freedom of Information Act'').

SEC. 6. DEFINITIONS.

In this Act:
(1) Information control designations.--The term
''information control designations'' means information
dissemination controls, not defined by Federal statute or by an
Executive order relating to the classification of national
security information, that are used to manage, direct, or route
information, or control the accessibility of information,
regardless of its form or format. The term includes, but is not
limited to, the designations of ''controlled unclassified
information'', ''sensitive but unclassified'', and ''for
official use only''.
(2) Information.--The term ''information'' means any
communicable knowledge or documentary material, regardless of
its physical form or characteristics, that is owned by, is
produced by or for, or is under the control of the Federal
Government.
(3) Federal agency.--The term ''Federal agency'' means--
(A) any Executive agency, as that term is defined
in section 105 of title 5, United States Code;
(B) any military department, as that term is
defined in section 102 of such title; and
(C) any other entity within the executive branch
that comes into the possession of classified
information.

SEC. 7. DEADLINE FOR REGULATIONS AND IMPLEMENTATION.

Regulations shall be promulgated in final form under this Act, and
implementation of the requirements of this Act shall begin, not later
than 24 months after the date of the enactment of this Act.

Passed the House of Representatives July 30, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.

SOLUTION:
Reducing Information Control Designations Act - (Sec. 3) Requires each federal agency to reduce and minimize its use of information control designations on information that is not classified. Defines such designations to mean information dissemination controls that are not defined by federal statute or executive order relating to the classification of national security information and that are used to manage, direct, or route information or to control the accessibility of information, regardless of its form or format.

Requires the Archivist of the United States to promulgate regulations to address: (1) standards for the use of the such designations to maximize public access to information; (2) the process for removing such designations; (3) procedures for identifying and tracking designated information; (4) provisions to minimize the use of such designations to prevent misuse and interference with competition in the private sector; and (5) a process for individuals and the public to challenge the use of such designations.

Requires the head of each federal agency to: (1) implement the regulations promulgated by the Archivist to encourage the sharing of information; and (2) ensure that such designations do not determine public disclosure requirements under the Freedom of Information Act.

(Sec. 4) Requires the Inspector General of each federal agency to randomly audit and report to Congress on unclassified information with such designations to determine compliance.

Directs the Archivist to: (1) require personal identifiers and agency affiliations of individuals applying such designations: (2) require training of such individuals; and (3) implement a program to detail federal employees to the National Archives and Records Administration (NARA) to train such employees. Terminates such detailee program on December 31, 2012.

(Sec. 7) Requires promulgation of final regulations and implementation of the requirements of this Act within 24 months.