datamatters24/research-document-archive huggingface dataset:
amounts for grants pursuant to subsection (b), sub-
ject to subsection (a)(4) and section 2610(d)(2). 
Nothing in this paragraph shall be construed to af-
fect the authority of the Secretary under paragraphs 
(2) and (3), including the authority to grant waivers 
under paragraph (3)(A). The reduction in future 
grants authorized under this paragraph shall be not-
withstanding the penalty required under paragraph 
(3)(D) with respect to unobligated funds.’’; 
(B) in section 2622 (42 U.S.C. 300ff– 
31a), by adding at the end the following: 
‘‘(e) AUTHORITY REGARDING ADMINISTRATION OF 
PROVISIONS.—In administering subsections (b) and (c) 
with respect to the unobligated balance of a State, the Sec-
retary may elect to reduce the amount of future grants 
to the State under section 2618, 2620, or 2621, as appli-
cable, by the amount of any such unobligated balance in 
lieu of cancelling such amount as provided for in sub-
section (b) or (c)(1). In such case, the Secretary may per-
mit the State to use such unobligated balance for purposes 
of any such future grant. An amount equal to such reduc-
tion shall be available for use as additional amounts for 
grants pursuant to section 2620, subject to section 
2618(a)(2)(H). Nothing in this paragraph shall be con-
strued to affect the authority of the Secretary under sub-
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date of the enactment of this Act for which, as of 
such date, the Secretary of Veterans Affairs has not 
verified the status of such concern in accordance 
with paragraph (4) of subsection (f) of section 8127 
of title 38, United States Code, as amended by sub-
section (a), not later than 60 days after the date of 
the enactment of this Act, the Secretary shall notify 
the person who owns or controls the concern that— 
(A) the Secretary is required to verify the 
status of the concern in accordance with such 
paragraph; 
(B) verification of such status shall require 
that the person who owns or controls the con-
cern apply for inclusion in the database in ac-
cordance with such subsection, as so amended; 
(C) application for inclusion in the data-
base shall constitute permission under section 
552a of title 5, United States Code (commonly 
referred to as the Privacy Act), for the Sec-
retary to access such personal information 
maintained by the Secretary as may be nec-
essary to verify the information contained in 
the application; and 
(D) the person who owns or controls the 
concern must submit to the Secretary an af-
ing, with regard to the preceding 12-month reporting pe-
riod— 
‘‘(1) whether the testing goal described in sub-
section (a) has been met; 
‘‘(2) the total number of individuals tested 
through federally supported and other HIV/AIDS 
prevention, treatment, and care programs in each 
State; 
‘‘(3) the number of individuals who— 
‘‘(A) prior to such 12-month period, were 
unaware of their HIV status; and 
‘‘(B) through federally supported and 
other HIV/AIDS prevention, treatment, and 
care programs, were diagnosed and referred 
into treatment and care during such period; 
‘‘(4) any barriers, including State laws and reg-
ulations, that the Secretary determines to be a bar-
rier to meeting the testing goal described in sub-
section (a); 
‘‘(5) the amount of funding the Secretary deter-
mines necessary to meet the annual testing goal in 
the following 12 months and the amount of Federal 
funding expended to meet the testing goal in the 
prior 12-month period; and 
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of the system on which the transaction was 
executed. 
‘‘(D) RISK MANAGEMENT.— 
‘‘(i) The derivatives clearing organiza-
tion shall have the ability to manage the 
risks associated with discharging the re-
sponsibilities of a derivatives clearing orga-
nization through the use of appropriate 
tools and procedures. 
‘‘(ii) The derivatives clearing organi-
zation shall measure its credit exposures to 
its members and participants at least once 
each business day and shall monitor such 
exposures throughout the business day. 
‘‘(iii) Through margin requirements 
and other risk control mechanisms, a de-
rivatives clearing organization shall limit 
its exposures to potential losses from de-
faults by its members and participants so 
that the operations of the derivatives clear-
ing organization would not be disrupted 
and nondefaulting members or participants 
would not be exposed to losses that they 
cannot anticipate or control. 
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‘‘(iv) provides information to the 
Commission regarding large trader posi-
tions in the agreement, contract, or trans-
action that is comparable to the large trad-
er position information collected by the 
Commission for the 1 or more contracts 
against which the agreement, contract, or 
transaction traded on the foreign board of 
trade settles; and 
‘‘(v) provides the Commission with in-
formation necessary to publish reports on 
aggregate trader positions for the agree-
ment, contract, or transaction traded on 
the foreign board of trade that are com-
parable to such reports on aggregate trad-
er positions for the 1 or more contracts 
against which the agreement, contract, or 
transaction traded on the foreign board of 
trade settles. 
‘‘(3) EXISTING FOREIGN BOARDS OF TRADE.— 
Paragraphs (1) and (2) shall not be effective with 
respect to any foreign board of trade to which the 
Commission has granted direct access permission be-
fore the date of the enactment of this subsection 
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more interest or other rates, currencies, 
commodities, securities, instruments of in-
debtedness, indices, quantitative measures, 
or other financial or economic interests or 
property of any kind; 
‘‘(ii) provides for any purchase, sale, 
payment, or delivery (other than a dividend 
on an equity security) that is dependent on 
the occurrence, non-occurrence, or the ex-
tent of the occurrence of an event or con-
tingency associated with a potential finan-
cial, economic, or commercial consequence; 
‘‘(iii) provides on an executory basis 
for the exchange, on a fixed or contingent 
basis, of one or more payments based on 
the value or level of one or more interest 
or other rates, currencies, commodities, se-
curities, instruments of indebtedness, indi-
ces, quantitative measures, or other finan-
cial or economic interests or property of 
any kind, or any interest therein or based 
on the value thereof, and that transfers, as 
between the parties to the transaction, in 
whole or in part, the financial risk associ-
ated with a future change in any such 
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(17) by adding after paragraph (46) the fol-
lowing: 
‘‘(47) FOREIGN EXCHANGE SWAP.—The term 
‘foreign exchange swap’ means a transaction that 
solely involves the exchange of 2 different currencies 
on a specific date at a fixed rate agreed at the incep-
tion of the contract, and a reverse exchange of the 
same 2 currencies at a date further in the future 
and at a fixed rate agreed at the inception of the 
contract.’’; 
(18) by adding after paragraph (47) the fol-
lowing: 
‘‘(48) PERSON ASSOCIATED WITH A SECURITY- 
BASED SWAP DEALER OR MAJOR SECURITY-BASED 
SWAP PARTICIPANT.—The term ‘person associated 
with a security-based swap dealer or major security- 
based swap participant’ or ‘associated person of a 
security-based swap dealer or major security-based 
swap participant’ means any partner, officer, direc-
tor, or branch manager of such security-based swap 
dealer or major security-based swap participant (or 
any person occupying a similar status or performing 
similar functions), any person directly or indirectly 
controlling, controlled by, or under common control 
with such security-based swap dealer or major secu-
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I 
111TH CONGRESS 
1ST SESSION H. R. 3794 
To amend the Central Valley Project Improvement Act to assist in efforts 
to avoid losses of juvenile anadromous fish. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 13, 2009 
Mr. CARDOZA introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To amend the Central Valley Project Improvement Act to 
assist in efforts to avoid losses of juvenile anadromous fish. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 
1. 
AMENDMENT 
TO 
THE 
CENTRAL 
VALLEY 
PROJECT IMPROVEMENT ACT. 
Section 3406(b)(21) of the Central Valley Project 
Improvement Act (Public Law 102–575; 106 Stat. 4720) 
is amended by inserting ‘‘, except that the Secretary’s 
share of costs associated with fish screens in the Patterson 
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Irrigation District shall not exceed 75 percent of the total 
cost of such activity’’ after ‘‘any such activity’’. 
Æ 
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legislation in each year over the 10-year period be-
ginning in the budget year. 
(e) LOOK-BACK TO CAPTURE CURRENT-YEAR EF-
FECTS.—For purposes of this section, OMB shall treat the 
budgetary effects of PAYGO legislation enacted during a 
session of Congress that occur during the current year as 
though they occurred in the budget year. 
(f) AVERAGING USED
TO MEASURE COMPLIANCE 
OVER 5-YEAR AND 10-YEAR PERIODS.—OMB shall cumu-
late the budgetary effects of a PAYGO Act over the budg-
et year (which includes any look-back effects under sub-
section (e)) and— 
(1) for purposes of the 5-year scorecard re-
ferred to in subsection (d)(4), the four subsequent 
outyears, divide that cumulative total by five, and 
enter the quotient in the budget-year column and in 
each subsequent column of the 5-year PAYGO score-
card; and 
(2) for purposes of the 10-year scorecard re-
ferred to in subsection (d)(5), the nine subsequent 
outyears, divide that cumulative total by ten, and 
enter the quotient in the budget-year column and in 
each subsequent column of the 10-year PAYGO 
scorecard.
‘‘Advances to the Unemployment Trust 
Fund and Other Funds (16–0327–0–1–600). 
‘‘Black Lung Disability Trust Fund Refi-
nancing (16–0329–0–1–601). 
‘‘Bonneville Power Administration Fund 
and borrowing authority established pursuant 
to section 13 of Public Law 93–454 (1974), as 
amended (89–4045–0–3–271). 
‘‘Claims, Judgments, and Relief Acts (20– 
1895–0–1–808). 
‘‘Compact of Free Association (14–0415– 
0–1–808). 
‘‘Compensation of the President (11– 
0209–01–1–802). 
‘‘Comptroller of the Currency, Assessment 
Funds (20–8413–0–8–373). 
‘‘Continuing Fund, Southeastern Power 
Administration (89–5653–0–2–271). 
‘‘Continuing Fund, Southwestern Power 
Administration (89–5649–0–2–271). 
‘‘Dual Benefits Payments Account (60– 
0111–0–1–601). 
‘‘Emergency Fund, Western Area Power 
Administration (89–5069–0–2–271).
‘‘(B) 
SECOND
TIER.—Notwithstanding 
paragraph (A), the maximum amount of pen-
alty for each such act or omission shall be 
$75,000 for a natural person or $375,000 for 
any other person if the act or omission de-
scribed in paragraph (1) involved fraud, deceit, 
manipulation, or deliberate or reckless dis-
regard of a regulatory requirement. 
‘‘(C) THIRD TIER.—Notwithstanding para-
graphs (A) and (B), the maximum amount of 
penalty for each such act or omission shall be 
$150,000 for a natural person or $725,000 for 
any other person if— 
‘‘(i) the act or omission described in 
paragraph (1) involved fraud, deceit, ma-
nipulation, or deliberate or reckless dis-
regard of a regulatory requirement; and 
‘‘(ii) such act or omission directly or 
indirectly resulted in substantial losses or 
created a significant risk of substantial 
losses to other persons or resulted in sub-
stantial pecuniary gain to the person who 
committed the act or omission. 
‘‘(3) EVIDENCE
CONCERNING
ABILITY
TO 
PAY.—In any proceeding in which the Commission 
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(5) in section 323(b) (15 U.S.C. 77www(b)), by 
striking ‘‘Securities Act of 1933, or the Securities 
Exchange Act of 1934, or the Public Utility Holding 
Company Act of 1935’’ and inserting ‘‘Securities Act 
of 1933 or the Securities Exchange Act of 1934’’; 
and 
(6) in section 326 (15 U.S.C. 77zzz), by strik-
ing ‘‘Securities Act of 1933, or the Securities Ex-
change Act of 1934, or the Public Utility Holding 
Company Act of 1935,’’ and inserting ‘‘Securities 
Act of 1933 or the Securities Exchange Act of 
1934’’. 
(c) INVESTMENT COMPANY ACT OF 1940.—The In-
vestment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) 
is amended— 
(1) in section 2(a)(44) (15 U.S.C. 80a– 
2(a)(44)), by striking ‘‘ ‘Public Utility Holding Com-
pany Act of 1935’,’’; 
(2) in section 3(c) (15 U.S.C. 80a–3(c)), by 
amending paragraph (8) to read as follows: 
‘‘(8) [Repealed]’’; 
(3) in section 38(b) (15 U.S.C. 80a–37(b)), by 
striking ‘‘the Public Utility Holding Company Act of 
1935,’’; and 
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I 
111TH CONGRESS 
1ST SESSION H. R. 3797 
To prevent congressional reapportionment distortions by requiring that, in 
the questionnaires used in the taking of any decennial census of popu-
lation, a checkbox or other similar option be included for respondents 
to indicate citizenship status or lawful presence in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 13, 2009 
Ms. FOXX (for herself and Mr. CHAFFETZ) introduced the following bill; which 
was referred to the Committee on Oversight and Government Reform 
A BILL 
To prevent congressional reapportionment distortions by re-
quiring that, in the questionnaires used in the taking 
of any decennial census of population, a checkbox or 
other similar option be included for respondents to indi-
cate citizenship status or lawful presence in the United 
States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness in Represen-
tation Act’’. 
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D drug (as defined in section 1860D–2(e) of such Act (42 
U.S.C. 1395w–102(e)) as a non-preferred prescription 
drug. 
(c) MEDPAC STUDIES AND REPORTS.— 
(1) STUDY
AND
REPORT
ON
THE
MEDICARE 
PART D ANTI-DISCRIMINATION CLAUSE.— 
(A) STUDY.—The Medicare Payment Advi-
sory Commission shall conduct a study on var-
ious aspects of the prescription drug program 
under part D of title XVIII of the Social Secu-
rity Act and, to the greatest extent practicable, 
the interaction of such program with Medicare 
beneficiary access to covered drugs under part 
B of such title. Such study shall include the fol-
lowing: 
(i) An analysis of— 
(I) the use of specialty tiers for 
covered part D drugs under prescrip-
tion drug plans and MA–PD plans; 
and 
(II) the effect of such specialty 
tiers on access to care for Medicare 
beneficiaries. 
(ii) Consideration of the mechanisms 
described in subparagraph (B) in the con-
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SEC. 2. CITIZENSHIP OR LAWFUL PRESENCE STATUS ON 
CENSUS QUESTIONNAIRES. 
In conducting the 2010 decennial census and every 
decennial census thereafter, the Secretary of Commerce 
shall include, in any questionnaire distributed or otherwise 
used for the purpose of determining the total population 
by States, a checkbox or other similar option for respond-
ents to indicate citizenship status or lawful presence in 
the United States. 
SEC. 3. PREVENTION OF CONGRESSIONAL REAPPORTION-
MENT DISTORTIONS. 
(a) ADJUSTMENTS TO PREVENT DISTORTIONS.— 
Section 141 of title 13, United States Code, is amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) The Secretary shall make such adjustments in 
total population figures as may be necessary, using such 
methods and procedures as the Secretary determines fea-
sible and appropriate, in order that those who are not 
United States citizens or are not lawfully present in the 
United States are not counted in tabulating population 
under subsection (b) for the purposes of apportionment 
of Representatives in Congress among the several States. 
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Nothing in this subsection shall be construed to supersede 
section 195 of this title.’’. 
(b) CONFORMING AMENDMENT.—Section 22(a) of 
the Act entitled ‘‘An Act To provide for the fifteenth and 
subsequent decennial censuses and to provide for appor-
tionment of Representatives in Congress’’, of June 18, 
1929 (2 U.S.C. 2a(a)), is amended by striking ‘‘as 
ascertained under the seventeenth and each subsequent 
decennial census of the population’’ and inserting ‘‘as 
ascertained and reported under section 141 of title 13, 
United States Code, for each decennial census of popu-
lation’’. 
Æ 
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‘‘(i) 2.5 percent of the funds appro-
priated for making grants under this para-
graph for a fiscal year to make a com-
prehensive grant to the San Francisco Es-
tuary Partnership to manage implementa-
tion of the comprehensive plan; and 
‘‘(ii) 97.5 percent of funds appro-
priated for making grants under this para-
graph for a fiscal year to make grants to 
State and regional water pollution control 
agencies and entities, including the San 
Francisco Estuary Partnership, federally 
recognized Indian tribes, State coastal zone 
management agencies, local governments, 
and public or nonprofit private agencies, 
institutions, or organizations to implement 
projects, programs, and studies that ad-
vance implementation of the comprehensive 
plan. 
‘‘(C) GRANT ELIGIBILITY.—An entity shall 
be eligible for grants under this paragraph only 
if grant funds shall be used for projects, pro-
grams, and studies that are pursuant to the 
comprehensive plan. 
‘‘(4) FEDERAL SHARE.— 
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‘‘(A) MANAGEMENT
GRANTS.—The Fed-
eral share of the cost of management activities 
carried out using funds from a grant under 
paragraph (3)(B)(i) shall not exceed 75 per-
cent. 
‘‘(B) PROJECT, PROGRAM, AND
STUDY 
GRANTS.—The Federal share of the cost of a 
project, program, or study carried out using 
funds from a grant under paragraph (3)(B)(ii) 
shall not exceed 50 percent. 
‘‘(g) ANNUAL BUDGET PLAN.—The President, as 
part of the annual budget submission of the President 
under section 1105 of title 31, United States Code, shall 
submit information regarding each Federal department 
and agency involved in San Francisco Bay protection and 
restoration, including— 
‘‘(1) a report that displays for each Federal 
agency— 
‘‘(A) the amounts obligated in the pre-
ceding fiscal year for protection and restoration 
projects, programs, and studies relating to the 
San Francisco Bay; and 
‘‘(B) the proposed budget for protection 
and restoration projects, programs, and studies 
relating to the San Francisco Bay; and 
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‘‘(2) a description and assessment of the Fed-
eral role in the implementation of the comprehensive 
plan and the specific role of each Federal depart-
ment and agency involved in San Francisco Bay pro-
tection and restoration, including specific projects, 
programs, and studies conducted or planned to 
achieve the identified goals and objectives of the 
comprehensive plan. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Administrator to 
carry out this section $100,000,000 for each of fiscal 
years 2011 through 2021. Such sums shall remain avail-
able until expended.’’. 
Æ 
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Act, is further amended by adding at the end the following 
new subsection: 
‘‘(m) NOTIFICATION OF MORTGAGEE ACTIONS.—The 
Secretary shall require each mortgagee, as a condition for 
approval by the Secretary to originate or underwrite mort-
gages on single family or multifamily housing that are in-
sured by the Secretary, if such mortgagee engages in the 
purchase of mortgages insured by the Secretary and origi-
nated by other mortgagees or in the purchase of the serv-
icing rights to such mortgages, and such mortgagee at any 
time takes action to terminate or discontinue such pur-
chases from another mortgagee based on any determination, 
evidence, or report of fraud or material misrepresentation 
in connection with the origination of such mortgages, the 
mortgagee shall, not later than 15 days after taking such 
action, shall notify the Secretary of the action taken and 
the reasons for such action.’’. 
SEC. 11. ANNUAL ACTUARIAL STUDY AND QUARTERLY RE-
PORTS ON MUTUAL MORTGAGE INSURANCE 
FUND. 
Subsection (a) of section 202 of the National Housing 
Act (12 U.S.C. 1708(a)) is amended— 
(1) in the second sentence of paragraph (4), by 
inserting before the period at the end the following: ‘‘, 
any changes to the current or projected safety and 
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