116 HR 6116 IH: Consumer Financial Protection Commission Act
U.S. House of Representatives
2020-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6116IN THE HOUSE OF REPRESENTATIVESMarch 5, 2020Mr. Luetkemeyer (for himself, Mr. McHenry, Mr. Lucas, Mr. Posey, Mr. Huizenga, Mr. Stivers, Mrs. Wagner, Mr. Barr, Mr. Zeldin, Mr. Mooney of West Virginia, Mr. Tipton, Mr. Timmons, Mr. Kustoff of Tennessee, Mr. Budd, Mr. Loudermilk, Mr. Emmer, Mr. Gooden, Mr. Hollingsworth, Mr. Gonzalez of Ohio, Mr. John W. Rose of Tennessee, Mr. Steil, Mr. Riggleman, Mr. Davidson of Ohio, Mr. Taylor, Mr. Hill of Arkansas, and Mr. Williams) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Consumer Financial Protection Act of 2010 to make the Bureau of Consumer Financial Protection an independent Consumer Financial Protection Commission, and for other purposes.1.Short titleThis Act may be cited as the Consumer Financial Protection Commission Act.2.Making the Bureau an independent Consumer Financial Protection CommissionThe Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended—(1)in section 1011—(A)in the heading of such section, by striking BUREAU OF CONSUMER FINANCIAL PROTECTION and inserting Consumer Financial Protection Commission;(B)in subsection (a)—(i)in the heading of such subsection, by striking Bureau and inserting Commission;(ii)by striking in the Federal Reserve System,;(iii)by striking independent bureau and inserting independent commission;(iv)by striking Bureau of Consumer Financial Protection and inserting Consumer Financial Protection Commission (hereinafter in this section referred to as the Commission); and(v)by striking Bureau each place such term appears and inserting Commission;(C)by striking subsections (b), (c), and (d);(D)by redesignating subsection (e) as subsection (j);(E)in subsection (j), as so redesignated—(i)by striking , including in cities in which the Federal reserve banks, or branches of such banks, are located,; and(ii)by striking Bureau each place such term appears and inserting Commission; and(F)by inserting after subsection (a) the following new subsections:(b)Authority To prescribe regulationsThe Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission’s jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission’s jurisdiction.(c)Composition of the Commission(1)In generalThe Commission shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate.(2)StaggeringThe members of the Commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively.(3)Terms(A)In generalEach member of the Commission, including the Chair, shall serve for a term of 5 years.(B)RemovalThe President may remove any member of the Commission for inefficiency, neglect of duty, or malfeasance in office.(C)VacanciesAny member of the Commission appointed to fill a vacancy occurring before the expiration of the term to which that member’s predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term.(D)Continuation of serviceEach member of the Commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member’s term would otherwise expire.(E)Other employment prohibitedNo member of the Commission shall engage in any other business, vocation, or employment.(d)AffiliationNot more than 3 members of the Commission shall be members of any one political party.(e)Chair of the Commission(1)Initial ChairThe first member and Chair of the Commission shall be the individual serving as Director of the Bureau of Consumer Financial Protection on the day before the date of the enactment of this subsection. Such individual shall serve until the President has appointed all 5 members of the Commission in accordance with subsection (c).(2)Subsequent ChairOf the 5 members appointed in accordance with subsection (c), the President shall appoint 1 member to serve as the subsequent Chair of the Commission.(3)AuthorityThe Chair shall be the principal executive officer of the Commission, and shall exercise all of the executive and administrative functions of the Commission, including with respect to—(A)the appointment and supervision of personnel employed under the Commission (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair);(B)the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Commission; and(C)the use and expenditure of funds.(4)LimitationIn carrying out any of the Chair’s functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.(5)Requests or estimates related to appropriationsRequests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission.(f)Initial quorum establishedThe first member and Chair of the Commission described under subsection (e)(1) shall constitute a quorum for the transaction of business until the President has appointed all 5 members of the Commission in accordance with subsection (c). Following such appointment of 5 members, the quorum requirements of subsection (g) shall apply.(g)No impairment by reason of vacanciesNo vacancy in the members of the Commission after the establishment of an initial quorum under subsection (f) shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2.(h)SealThe Commission shall have an official seal.(i)Compensation(1)ChairThe Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code.(2)Other members of the CommissionThe 4 other members of the Commission shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code.;(2)in section 1012(c), by striking paragraphs (2), (3), (4), and (5); and(3)in section 1014(b), by striking Not fewer than 6 members shall be appointed upon the recommendation of the regional Federal Reserve Bank Presidents, on a rotating basis..3.Deeming of nameAny reference in a law, regulation, document, paper, or other record of the United States to the Bureau of Consumer Financial Protection, except in subsection (e)(1) of section 1011 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491), as added by this Act, shall be deemed a reference to the Consumer Financial Protection Commission.4.Conforming amendments(a)Consumer Financial Protection Act of 2010(1)In generalExcept as provided under paragraph (2), the Consumer Financial Protection of 2010 (12 U.S.C. 5481 et seq.) is amended—(A)by striking Director of the Bureau each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting Consumer Financial Protection Commission;(B)by striking Director each place such term appears and inserting Consumer Financial Protection Commission, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and(C)in section 1002, by striking paragraph (10).(2)ExceptionsThe Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended—(A)in section 1013(c)(3)—(i)by striking Assistant Director of the Bureau for and inserting Head of the Office of; and(ii)in subparagraph (B), by striking Assistant Director and inserting Head of the Office;(B)in section 1013(g)(2)—(i)by striking Assistant director and inserting Head of the Office; and(ii)by striking an assistant director and inserting a Head of the Office of Financial Protection for Older Americans;(C)in section 1016(a), by striking Director of the Bureau and inserting Chair of the Consumer Financial Protection Commission; and(D)in section 1066(a), by striking Director of the Bureau is and inserting first member of the Commission is.(b)Dodd-Frank Wall Street Reform and Consumer Protection ActThe Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended—(1)in section 111(b)(1)(D), by striking Director and inserting Chair of the Consumer Financial Protection Commission; and(2)in section 1447, by striking Director of the Bureau each place such term appears and inserting Consumer Financial Protection Commission.(c)Electronic Fund Transfer ActSection 920(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o–2(a)(4)(C)), as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection and inserting Consumer Financial Protection Commission.(d)Expedited Funds Availability ActThe Expedited Funds Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau each place such term appears and inserting Consumer Financial Protection Commission.(e)Federal Deposit Insurance ActSection 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking Director of the Consumer Financial Protection Bureau each place such term appears and inserting Chair of the Consumer Financial Protection Commission.(f)Federal Financial Institutions Examination Council Act of 1978Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Consumer Financial Protection Bureau and inserting Chair of the Consumer Financial Protection Commission.(g)Financial Literacy and Education Improvement ActSection 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702), as amended by section 1013(d)(5) of the Consumer Financial Protection Act of 2010, is amended by striking Director each place such term appears and inserting Chair of the Consumer Financial Protection Commission.(h)Home Mortgage Disclosure Act of 1975Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection each place such term appears and inserting Consumer Financial Protection Commission.(i)Interstate Land Sales Full Disclosure ActThe Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended—(1)by amending section 1402(1) to read as follows:(1)Chair means the Chair of the Consumer Financial Protection Commission;; and(2)in section 1416(a), by striking Director of the Bureau of Consumer Financial Protection and inserting Chair.(j)Real Estate Settlement Procedures Act of 1974Section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended—(1)by striking The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Director) and inserting The Consumer Financial Protection Commission; and(2)by striking Director each place such term appears and inserting Consumer Financial Protection Commission.(k)S.A.F.E. Mortgage Licensing Act of 2008The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.), as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended—(1)by striking Director each place such term appears in headings and text, other than where such term is used in the context of the Director of the Office of Thrift Supervision, and inserting Consumer Financial Protection Commission; and(2)in section 1503, by striking paragraph (10).(l)Title 44, United States CodeSection 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau and inserting Consumer Financial Protection Commission.


113 HRES 444 IH: Honoring the accomplishments of Nicarsia Nikki Mayes, a Capitol Hill trailblazer and the first African-American woman to serve as a Doorkeeper of the House of Representatives.
U.S. House of Representatives
2013-12-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV113th CONGRESS1st SessionH. RES. 444IN THE HOUSE OF REPRESENTATIVESDecember 12, 2013Ms. Jackson Lee (for herself, Mr. Clyburn, Ms. Wilson of Florida, Ms. Fudge, Ms. Eddie Bernice Johnson of Texas, Mr. Hastings of Florida, Mrs. Christensen, Mr. David Scott of Georgia, Mr. Larson of Connecticut, Mr. Gene Green of Texas, Mr. Pascrell, Mr. Brady of Pennsylvania, Mr. Thompson of Mississippi, Mr. Al Green of Texas, Mr. Cleaver, Mr. Lewis, and Ms. Kaptur) submitted the following resolution; which was referred to the Committee on House AdministrationRESOLUTIONHonoring the accomplishments of Nicarsia Nikki Mayes, a Capitol Hill trailblazer and the first African-American woman to serve as a Doorkeeper of the House of Representatives.Whereas Nicarsia Nikki Mayes began her career of service to the House of Representatives and the people of the United States on September 7, 1977, when she was hired on the recommendation of Congressman Augustus Hawkins of California as an elevator operator and entrusted to operate the last Members Only manual elevator;Whereas in 1980, Nicarsia Nikki Mayes was hired as a staff member of the then Office of the Doorkeeper, the first African-American woman ever hired by that office;Whereas in 1994, Nicarsia Nikki Mayes joined the staff of the Office of the Sergeant at Arms, serving as a member of the Chamber Security Division until her retirement in 2013;Whereas Nicarsia Nikki Mayes’ excellent performance, distinguished service, professionalism, and good cheer paved the way for more African-Americans to join the appointments as Office of the Sergeant at Arms and other important House institutions, earned her the respect and friendship of her colleagues, and endeared her to Members of Congress;Whereas in December 2013, Nicarsia Nikki Mayes retired from active duty after 36 years of faithful, honorable, and distinguished service to the United States House of Representatives; andWhereas Nicarsia Nikki Mayes is the mother of three children, sons John Mayes III and David, and a daughter, Tira, all of whom she instilled the importance of public service and each of whom followed her example: Now, therefore, be itThat the House of Representatives commends Nicarsia Nikki Mayes for her distinguished career of service to the House of Representatives and the people of the United States.


114 HRES 274 EH: Providing for consideration of the bill (H.R. 1335) to amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes.
U.S. House of Representatives
2015-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
114th CONGRESS
1st Session
H. RES. 274
In the House of Representatives, U. S.,

May 21, 2015

RESOLUTION
Providing for consideration of the bill (H.R. 1335) to amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes.

That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1335) to amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114–16. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before action thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.   Karen L. Haas,Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 1067
		IN THE HOUSE OF REPRESENTATIVES

			March 14, 2011
			Mr. Cohen introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To rescind earmarks for certain surface transportation
		  projects, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Surface Transportation Earmark
			 Rescission, Savings, and Accountability Act of
			 2011.
		2.Rescission of
			 allocated project funds
			(a)Projects
			 designated prior to 1998The unobligated balances available on
			 June 30, 2011, under the following provisions are rescinded:
				(1)Section 147 of the Federal Highway Act of
			 1978 (Public Law 95–599).
				(2)Section 9(c) of the Federal-Aid Highway Act
			 of 1981 (Public Law 97–134).
				(3)Section 131 of the Highway Improvement Act
			 of 1982 (Public Law 97–424).
				(4)Section 149 of the Surface Transportation
			 and Uniform Relocation Assistance Act of 1987 (Public Law 100–17).
				(5)Sections 1006(h), 1069, 1103(b), 1104(b),
			 1105(f), 1106(a), 1106(b), 1107(b), 1108(b), and 6015 of the Intermodal Surface
			 Transportation Efficiency Act of 1991 (Public Law 102–240).
				(6)Section 307(e) of
			 title 23, United States Code, as in effect on December 18, 1991 (105 Stat.
			 2170).
				(7)Section 11(b)(10) of the Federal Transit
			 Act, as in effect on December 18, 1991 (105 Stat. 2187).
				(8)Section 320 of
			 title 23, United States Code.
				(b)TEA
			 21The unobligated balance available on September 30, 2011, under
			 section 1602 of Public Law 105–178 for each project for which less than 10
			 percent of the amount authorized for such project under such section has been
			 obligated is rescinded.
			3.Rescission of
			 undesignated high priority project fundsOf the amounts authorized for fiscal years
			 2005 through 2009 in section 1101(a)(16) of SAFETEA–LU (Public Law 109–59) to
			 carry out the high priority projects program under section 117 of title 23,
			 United States Code, that are not allocated for projects described in section
			 1702 of such Act, $8,190,335 is rescinded.
		4.ReportNot later than October 31, 2011, and not
			 later than October 31 of each year thereafter, the Secretary of Transportation
			 shall submit to the Committee on Transportation and Infrastructure of the House
			 of Representatives and the Committee on Environment and Public Works of the
			 Senate a report identifying each project authorized under section 1602 of the
			 Transportation Equity Act for the 21st Century (Public Law 105–178), sections
			 1301, 1302, 1702, and 1934 of SAFETEA–LU (Public Law 109–59), and section
			 144(f) of title 23, United States Code, that has inactive funds or that has
			 been completed in the previous fiscal year. Such report shall include, for each
			 such project—
			(1)the amount of
			 funds authorized under such section;
			(2)the unobligated
			 balance of such funds; and
			(3)a
			 reference to the public law, section number, and project number under which
			 such project was authorized.


117 HR 3475 : To name the Department of Veterans Affairs community-based outpatient clinic in Columbus, Georgia, as the “Robert S. Poydasheff VA Clinic”.
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB117th CONGRESS1st SessionH. R. 3475IN THE SENATE OF THE UNITED STATESSeptember 21, 2021Received; read twice and referred to the Committee on Veterans' AffairsAN ACTTo name the Department of Veterans Affairs community-based outpatient clinic in Columbus, Georgia, as the Robert S. Poydasheff VA Clinic.1.FindingsCongress makes the following findings:(1)Former Columbus, Georgia, Mayor Robert S. Poydasheff died on September 24, 2020.(2)He earned a B.A. in Political Science from the Citadel in 1954, a J.D. from Tulane University Law School in 1957, an M.A. in International Relations from Boston University's Graduate Program in Berlin, Germany, in 1967, and attended the Hague Academy of International Law in the Netherlands in preparation for a military and subsequent civilian career that focused on serving others.(3)In 1955, he was commissioned as a Second Lieutenant in the Infantry Branch of the United States Army, and he was reassigned to the Judge Advocate General's Corps.(4)He was a 1976 graduate of the United States Army War College and served a total of 24 years, retiring as a Colonel in 1979.(5)He was decorated with the Legion of Merit with two Oak Leaf Clusters, the Bronze Star Medal, and Vietnam Ribbon with Four Battle Stars, and during his military career and because of his expert legal acumen he was assigned to work on the biggest cases of the time in which he served, but during this he never lost sight of what he considered his primary role, which was to take care of soldiers.(6)Robert S. Poydasheff was appointed as legal counsel to the Secretary of the Army and served the needs of all soldiers by helping to shape Army policy.(7)In 2012, the Army War College Foundation named Colonel Poydasheff an Outstanding Alumnus in recognition of his wide-ranging service to his community after his retirement from active duty.(8)Colonel Poydasheff served on the Columbus, Georgia City Council from 1994 to 2002, helping all citizens of the community he had come to love while concurrently serving Fort Benning and his beloved soldiers.(9)He was elected Mayor of Columbus, Georgia, in 2002, served a four-year term and maintained a focus on community-based programs as well as strengthening the relationship between the city and Fort Benning.(10)During that time he made great contributions to the joint military and civilian communities of Columbus, Georgia, and Fort Benning, appointing first a fellow soldier and later the first African American to the City Manager position, while knowing that doing so would be at his own political peril.(11)After his service as Mayor of Columbus, Georgia, Robert S. Poydasheff found continued success as a practicing lawyer helping countless citizens and soldiers living in the city he once led as well as advocating for many soldiers in the area.(12)His continued interest in the betterment of the city as well as his contributions to the Veterans Action Committee has a continued impact to this day.(13)He served as past president of the Chattahoochee Council Boy Scouts of America, past president of the Chattahoochee Valley Association of the United Sates Army, past president of the Columbus Symphony Orchestra, member of the Board of Directors of the Springer Opera Arts Association, past president of the Ann Elizabeth Shepherd Home, and member of the Kiwanis Club and Columbus Bar Association.2.Name of Department of Veterans Affairs community-based outpatient clinic, Columbus, Georgia The Department of Veterans Affairs community-based outpatient clinic in Columbus, Georgia, shall after the date of the enactment of this Act be known and designated as the Robert S. Poydasheff VA Clinic. Any reference to such clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Robert S. Poydasheff VA Clinic.Passed the House of Representatives September 20, 2021.Cheryl L. Johnson,Clerk.


		I
		112th CONGRESS
		2d Session
		H. R. 4948
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2012
			Mrs. Noem introduced
			 the following bill; which was referred to the
			 Committee on
			 Agriculture

		A BILL
		To amend the Federal Crop Insurance Act to extend certain
		  supplemental agricultural disaster assistance programs through fiscal year
		  2017, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Livestock Disaster Protection
			 Act.
		2.Extension of
			 certain supplemental agricultural disaster assistance programs with new funding
			 mechanismSection 531 of the
			 Federal Crop Insurance Act (7 U.S.C. 1531) is amended to read as
			 follows:

				531.Supplemental
				agricultural disaster assistance
					(a)DefinitionsIn
				this section:
						(1)Eligible
				producer on a farm
							(A)In
				generalThe term eligible producer on a farm means
				an individual or entity described in subparagraph (B) that, as determined by
				the Secretary, assumes the production and market risks associated with the
				agricultural production of crops or livestock.
							(B)DescriptionAn
				individual or entity referred to in subparagraph (A) is—
								(i)a
				citizen of the United States;
								(ii)a
				resident alien;
								(iii)a partnership of
				citizens of the United States; or
								(iv)a
				corporation, limited liability corporation, or other farm organizational
				structure organized under State law.
								(2)Farm
							(A)In
				generalThe term farm means, in relation to an
				eligible producer on a farm, the crop acreage in all counties that is planted
				or intended to be planted for harvest for sale or on-farm livestock feeding
				(including native grassland intended for haying) by the eligible
				producer.
							(B)AquacultureIn
				the case of aquaculture, the term farm means, in relation to an
				eligible producer on a farm, all fish being produced in all counties that are
				intended to be harvested for sale by the eligible producer.
							(C)HoneyIn
				the case of honey, the term farm means, in relation to an
				eligible producer on a farm, all bees and beehives in all counties that are
				intended to be harvested for a honey crop for sale by the eligible
				producer.
							(3)Farm-raised
				fishThe term farm-raised fish means any aquatic
				species that is propagated and reared in a controlled environment.
						(4)LivestockThe
				term livestock includes—
							(A)cattle (including
				dairy cattle);
							(B)bison;
							(C)poultry;
							(D)sheep;
							(E)swine;
							(F)horses; and
							(G)other livestock,
				as determined by the Secretary.
							(b)Livestock
				indemnity payments
						(1)PaymentsFor
				each of the fiscal years 2012 through 2017, the Secretary shall use such sums
				as are necessary of the funds of the Commodity Credit Corporation to make
				livestock indemnity payments to eligible producers on farms that have incurred
				livestock death losses in excess of the normal mortality, as determined by the
				Secretary, due to—
							(A)attacks by animals reintroduced into the
				wild by the Federal Government or protected by Federal law, including wolves
				and avian predators; or
							(B)adverse weather,
				as determined by the Secretary, during the calendar year, including losses due
				to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme
				cold.
							(2)Payment
				ratesIndemnity payments to an eligible producer on a farm under
				paragraph (1) shall be made at a rate of 75 percent of the market value of the
				applicable livestock on the day before the date of death of the livestock, as
				determined by the Secretary.
						(3)Special rule for
				payments made due to diseaseThe Secretary shall ensure that
				payments made to an eligible producer under paragraph (1) are not made for the
				same livestock losses for which compensation is provided pursuant to section
				10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)).
						(c)Livestock forage
				disaster program
						(1)DefinitionsIn
				this subsection:
							(A)Covered
				livestock
								(i)In
				generalExcept as provided in clause (ii), the term
				covered livestock means livestock of an eligible livestock
				producer that, during the 60 days prior to the beginning date of a qualifying
				drought or fire condition, as determined by the Secretary, the eligible
				livestock producer—
									(I)owned;
									(II)leased;
									(III)purchased;
									(IV)entered into a
				contract to purchase;
									(V)is a contract
				grower; or
									(VI)sold or otherwise
				disposed of due to qualifying drought conditions during—
										(aa)the
				current production year; or
										(bb)subject to
				paragraph (3)(B)(ii), 1 or both of the 2 production years immediately preceding
				the current production year.
										(ii)ExclusionThe
				term covered livestock does not include livestock that were or
				would have been in a feedlot, on the beginning date of the qualifying drought
				or fire condition, as a part of the normal business operation of the eligible
				livestock producer, as determined by the Secretary.
								(B)Drought
				monitorThe term drought monitor means a system
				for classifying drought severity according to a range of abnormally dry to
				exceptional drought, as defined by the Secretary.
							(C)Eligible
				livestock producer
								(i)In
				generalThe term eligible livestock producer means
				an eligible producer on a farm that—
									(I)is an owner, cash
				or share lessee, or contract grower of covered livestock that provides the
				pastureland or grazing land, including cash-leased pastureland or grazing land,
				for the livestock;
									(II)provides the
				pastureland or grazing land for covered livestock, including cash-leased
				pastureland or grazing land that is physically located in a county affected by
				drought;
									(III)certifies
				grazing loss; and
									(IV)meets all other
				eligibility requirements established under this subsection.
									(ii)ExclusionThe
				term eligible livestock producer does not include an owner, cash
				or share lessee, or contract grower of livestock that rents or leases
				pastureland or grazing land owned by another person on a rate-of-gain
				basis.
								(D)Normal carrying
				capacityThe term normal carrying capacity, with
				respect to each type of grazing land or pastureland in a county, means the
				normal carrying capacity, as determined under paragraph (3)(D)(i), that would
				be expected from the grazing land or pastureland for livestock during the
				normal grazing period, in the absence of a drought or fire that diminishes the
				production of the grazing land or pastureland.
							(E)Normal grazing
				periodThe term normal grazing period, with
				respect to a county, means the normal grazing period during the calendar year
				for the county, as determined under paragraph (3)(D)(i).
							(2)ProgramFor each of the fiscal years 2012 through
				2017, the Secretary shall use such sums as are necessary of the funds of the
				Commodity Credit Corporation to provide compensation for losses to eligible
				livestock producers due to grazing losses for covered livestock due to—
							(A)a drought
				condition, as described in paragraph (3); or
							(B)fire, as described
				in paragraph (4).
							(3)Assistance for
				losses due to drought conditions
							(A)Eligible
				losses
								(i)In
				generalAn eligible livestock producer may receive assistance
				under this subsection only for grazing losses for covered livestock that occur
				on land that—
									(I)is native or
				improved pastureland with permanent vegetative cover; or
									(II)is planted to a
				crop planted specifically for the purpose of providing grazing for covered
				livestock.
									(ii)ExclusionsAn
				eligible livestock producer may not receive assistance under this subsection
				for grazing losses that occur on land used for haying or grazing under the
				conservation reserve program established under subchapter B of chapter 1 of
				subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
				seq.).
								(B)Monthly payment
				rate
								(i)In
				generalExcept as provided in clause (ii), the payment rate for
				assistance under this paragraph for 1 month shall, in the case of drought, be
				equal to 60 percent of the lesser of—
									(I)the monthly feed
				cost for all covered livestock owned or leased by the eligible livestock
				producer, as determined under subparagraph (C); or
									(II)the monthly feed
				cost calculated by using the normal carrying capacity of the eligible grazing
				land of the eligible livestock producer.
									(ii)Partial
				compensationIn the case of an eligible livestock producer that
				sold or otherwise disposed of covered livestock due to drought conditions in 1
				or both of the 2 production years immediately preceding the current production
				year, as determined by the Secretary, the payment rate shall be 80 percent of
				the payment rate otherwise calculated in accordance with clause (i).
								(C)Monthly feed
				cost
								(i)In
				generalThe monthly feed cost shall equal the product obtained by
				multiplying—
									(I)30 days;
									(II)a payment
				quantity that is equal to the feed grain equivalent, as determined under clause
				(ii); and
									(III)a payment rate
				that is equal to the corn price per pound, as determined under clause
				(iii).
									(ii)Feed grain
				equivalentFor purposes of clause (i)(II), the feed grain
				equivalent shall equal—
									(I)in the case of an
				adult beef cow, 15.7 pounds of corn per day; or
									(II)in the case of
				any other type of weight of livestock, an amount determined by the Secretary
				that represents the average number of pounds of corn per day necessary to feed
				the livestock.
									(iii)Corn price per
				poundFor purposes of clause (i)(III), the corn price per pound
				shall equal the quotient obtained by dividing—
									(I)the higher
				of—
										(aa)the
				national average corn price per bushel for the 12-month period immediately
				preceding March 1 of the year for which the disaster assistance is calculated;
				or
										(bb)the
				national average corn price per bushel for the 24-month period immediately
				preceding that March 1; by
										(II)56.
									(D)Normal grazing
				period and drought monitor intensity
								(i)FSA county
				committee determinations
									(I)In
				generalThe Secretary shall determine the normal carrying
				capacity and normal grazing period for each type of grazing land or pastureland
				in the county served by the applicable committee.
									(II)ChangesNo
				change to the normal carrying capacity or normal grazing period established for
				a county under subclause (I) shall be made unless the change is requested by
				the appropriate State and county Farm Service Agency committees.
									(ii)Drought
				intensity
									(I)D2An
				eligible livestock producer that owns or leases grazing land or pastureland
				that is physically located in a county that is rated by the U.S. Drought
				Monitor as having a D2 (severe drought) intensity in any area of the county for
				at least 8 consecutive weeks during the normal grazing period for the county,
				as determined by the Secretary, shall be eligible to receive assistance under
				this paragraph in an amount equal to 1 monthly payment using the monthly
				payment rate determined under subparagraph (B).
									(II)D3An
				eligible livestock producer that owns or leases grazing land or pastureland
				that is physically located in a county that is rated by the U.S. Drought
				Monitor as having at least a D3 (extreme drought) intensity in any area of the
				county at any time during the normal grazing period for the county, as
				determined by the Secretary, shall be eligible to receive assistance under this
				paragraph—
										(aa)in
				an amount equal to 2 monthly payments using the monthly payment rate determined
				under subparagraph (B); or
										(bb)if
				the county is rated as having a D3 (extreme drought) intensity in any area of
				the county for at least 4 weeks during the normal grazing period for the
				county, or is rated as having a D4 (exceptional drought) intensity in any area
				of the county at any time during the normal grazing period, in an amount equal
				to 3 monthly payments using the monthly payment rate determined under
				subparagraph (B).
										(4)Assistance for
				losses due to fire on public managed land
							(A)In
				generalAn eligible livestock producer may receive assistance
				under this paragraph only if—
								(i)the grazing losses
				occur on rangeland that is managed by a Federal agency; and
								(ii)the eligible
				livestock producer is prohibited by the Federal agency from grazing the normal
				permitted livestock on the managed rangeland due to a fire.
								(B)Payment
				rateThe payment rate for assistance under this paragraph shall
				be equal to 50 percent of the monthly feed cost for the total number of
				livestock covered by the Federal lease of the eligible livestock producer, as
				determined under paragraph (3)(C).
							(C)Payment
				duration
								(i)In
				generalSubject to clause (ii), an eligible livestock producer
				shall be eligible to receive assistance under this paragraph for the
				period—
									(I)beginning on the
				date on which the Federal agency excludes the eligible livestock producer from
				using the managed rangeland for grazing; and
									(II)ending on the
				last day of the Federal lease of the eligible livestock producer.
									(ii)LimitationAn
				eligible livestock producer may only receive assistance under this paragraph
				for losses that occur on not more than 180 days per year.
								(5)No duplicative
				payments
							(A)In
				generalAn eligible livestock producer may elect to receive
				assistance for grazing or pasture feed losses due to drought conditions under
				paragraph (3) or fire under paragraph (4), but not both for the same loss, as
				determined by the Secretary.
							(B)Relationship to
				other assistanceAn eligible livestock producer that receives
				assistance under this subsection may not also receive assistance for losses to
				crops on the same land with the same intended use.
							(d)Emergency
				assistance for livestock, honey bees, and farm-Raised fish
						(1)In
				generalFor each of the
				fiscal years 2012 through 2017, the Secretary shall use not more than
				$20,000,000 of the funds of the Commodity Credit Corporation to provide
				emergency relief to eligible producers of livestock, honey bees, and
				farm-raised fish to aid in the reduction of losses due to disease, adverse
				weather, or other conditions, such as blizzards and wildfires, as determined by
				the Secretary, that are not covered under subsection (b) or (c).
						(2)Use of
				fundsFunds made available under this subsection shall be used to
				reduce losses caused by feed or water shortages, disease, or other factors as
				determined by the Secretary.
						(3)Availability of
				fundsAny funds made available under this subsection shall remain
				available until expended.
						(e)Payment
				limitations
						(1)Definitions of
				legal entity and personIn this subsection, the terms
				legal entity and person have the meaning given
				those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C.
				1308(a) (as amended by section 1603 of the Food, Conservation, and Energy Act
				of 2008).
						(2)AmountThe
				total amount of disaster assistance payments received, directly or indirectly,
				by a person or legal entity (excluding a joint venture or general partnership)
				under this section may not exceed $100,000 for any crop year.
						(3)Direct
				attributionSubsections (e) and (f) of section 1001 of the Food
				Security Act of 1985 (7 U.S.C. 1308) or any successor provisions relating to
				direct attribution shall apply with respect to assistance provided under this
				section.
						.


113 HR 5443 IH: Putting America First Corporate Tax Act
U.S. House of Representatives
2014-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5443
		IN THE HOUSE OF REPRESENTATIVES

			September 10, 2014
			Mr. Pocan introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to end tax deferrals on profits accumulated offshore and
			 to terminate the deferral of active income of controlled foreign
			 corporations.

		1.Short titleThis Act may be cited as the Putting America First Corporate Tax Act.
		2.Inclusion in subpart F income of investments by controlled foreign corporations with respect to
			 members of foreign group which includes United States shareholder
			(a)In generalSection 956(a)(1)(A) of the Internal Revenue Code of 1986 is amended to read as follows:

					(A)such shareholder’s pro rata share of the average of—
						(i)the amounts of United States property, and
						(ii)in the case of a controlled foreign corporation which is a member of an expanded affiliated group
			 the common parent of which is not a United States person, the amount of
			 foreign group property,held (directly or indirectly) by the controlled foreign corporation as of the close of each quarter
			 of such taxable year, over.
			(b)Foreign group propertySection 956 of such Code is amended by redesignating subsections (d) and (e) as subsections (e) and
			 (f), respectively, and by inserting after subsection (c) the following new
			 subsection:

					(d)Foreign group property; expanded affiliated groupFor purposes of this section—
						(1)Foreign group property
							(A)In generalThe term foreign group property means any stock or obligation of any foreign person which is not a controlled foreign corporation.
							(B)ExceptionsSuch term shall not include—
								(i)the stock or obligation of any entity if less than 25 percent of the total combined voting power of
			 such entity, immediately after the acquisition of any stock in such entity
			 by the controlled foreign corporation, is owned (directly or indirectly)
			 by the common parent referred to in subsection (a)(1)(A)(ii), and
								(ii)property described in subparagraph (C), (I), (J), or (K) of subsection (c)(2), applied by
			 substituting foreign person for United States person in such subparagraphs (C) and (J).
								(2)Expanded affiliated groupThe term expanded affiliated group means an affiliated group as defined in section 1504(a), determined—
							(A)by substituting more than 50 percent for at least 80 percent each place it appears, and
							(B)without regard to paragraphs (2) and (3) of section 1504(b).A partnership or any other entity (other than a corporation) shall be treated as a member of an
			 expanded affiliated group if such entity controls (as determined under
			 section 954(d)(3)), or is controlled by (as so determined), members of
			 such group (including any entity treated as a member of such group by
			 reason of this sentence).(3)Application to non-corporate entitiesIn the case of any entity which is not a corporation—
							(A)any reference in this subsection to stock shall be treated as a reference to any equity or profits
			 interest in such entity, and
							(B)except as otherwise provided by the Secretary, paragraph (1)(B)(i) shall be applied by substituting 25 percent (by value) of the beneficial interests in such entity for 25 percent of the total combined voting power of such entity.
							.
			(c)Application of rules for pledges and guaranteesSection 956(e) of such Code, as so redesignated, is amended to read as follows:

					(e)Pledges and guaranteesFor purposes of subsection (a), a controlled foreign corporation shall, under regulations
			 prescribed by the Secretary, be considered as holding—
						(1)an obligation of a United States person if such controlled foreign corporation is a pledgor or
			 guarantor of such obligation, and
						(2)an obligation of a foreign person if such controlled foreign corporation or, to the extent provided
			 under such regulations, any United States shareholder of such controlled
			 foreign corporation, is a pledgor or guarantor of such obligation..
			(d)Application of limitation on amount of foreign taxes deemed paid with respect to section 956
			 inclusionsNotwithstanding section 214(b) of Public Law 111–226, section 960(c) of the Internal Revenue Code
			 of 1986 shall apply to acquisitions of foreign group property (as defined
			 in 956(d) of such Code, as amended by this section) after December 31,
			 2010, in addition to acquisitions of United States property (as defined in
			 section 956(c) of such Code) after such date.
			(e)Effective dateThe amendments made by this section shall apply to taxable years of controlled foreign corporations
			 ending after the date of the enactment of this Act and to taxable years of
			 United States shareholders in which or with which such taxable years of
			 controlled foreign corporations end.
			3.Termination of deferral of active income of controlled foreign corporations
			(a)In generalSection 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(d)Special application of subpart
						(1)In generalFor taxable years beginning after December 31, 2014, notwithstanding any other provision of this
			 subpart, the term subpart F income means, in the case of any controlled foreign corporation, the income of such corporation derived
			 from any foreign country.
						(2)Applicable rulesRules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply
			 to this subsection..
			(b)Effective dateThe amendment made by subsection (a) shall apply to taxable years beginning after December 31,
			 2014.


114 HR 4311 IH: Protecting Charitable Contributions Act of 2015
U.S. House of Representatives
2015-12-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4311
		IN THE HOUSE OF REPRESENTATIVES

			December 18, 2015
			Mr. Salmon introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To prohibit the Internal Revenue Service from modifying or amending the standards and regulations
			 governing the substantiation of charitable contributions.

 1.Short titleThis Act may be cited as the Protecting Charitable Contributions Act of 2015. 2.Prohibition of IRS modification of standards and regulations for substantiation of charitable contributions (a)In generalThe definitions and regulations in effect on January 1, 2015, under section 170(f)(8) of the Internal Revenue Code of 1986 (relating to the substantiation of charitable contributions in excess of $250) shall apply on and after the date of the enactment of this Act.
 (b)Prohibition of any modificationThe Secretary of the Treasury shall not issue, revise, or finalize any regulation (including the proposed regulations published in the Federal Register on September 17, 2015 (80 Fed. Reg. 55802)), revenue ruling, or other guidance not limited to a particular taxpayer relating to the definitions and regulations specified in subsection (a).


111 HR 191 IH: Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2009
U.S. House of Representatives
2009-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		111th CONGRESS
		1st Session
		H. R. 191
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Mr. Simpson
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 28, United States Code, to provide for the
		  appointment of additional Federal circuit judges, to divide the Ninth Judicial
		  Circuit of the United States into two circuits, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Ninth Circuit Court of Appeals
			 Judgeship and Reorganization Act of 2009.
		2.DefinitionsIn this Act—
			(1)the term
			 former ninth circuit means the ninth judicial circuit of the
			 United States as in existence on the day before the effective date of this
			 Act;
			(2)the term new
			 ninth circuit means the ninth judicial circuit of the United States
			 established by the amendment made by section 3(2)(A); and
			(3)the term
			 twelfth circuit means the twelfth judicial circuit of the United
			 States established by the amendment made by section 3(2)(B).
			3.Number and
			 composition of circuitsSection 41 of title 28, United States Code,
			 is amended—
			(1)in
			 the matter preceding the table, by striking thirteen and
			 inserting fourteen; and
			(2)in the
			 table—
				(A)by striking the
			 item relating to the ninth circuit and inserting the following:

									NinthCalifornia,
						Guam, Hawaii, Northern Mariana Islands.

						;
					and(B)by inserting after
			 the item relating to the eleventh circuit the following:

									TwelfthAlaska, Arizona,
						Idaho, Montana, Nevada, Oregon, Washington.

						.
				4.Judgeships
			(a)New
			 judgeships
				(1)For former Ninth
			 CircuitThe President shall appoint, by and with the advice and
			 consent of the Senate, 2 additional circuit judges for the former ninth
			 circuit, whose official duty stations shall be in Arizona, California, or
			 Nevada.
				(2)For new Ninth
			 CircuitThe President shall appoint, by and with the advice and
			 consent of the Senate, 3 additional circuit judges for the new ninth circuit.
			 The judges authorized by this paragraph shall not be appointed before January
			 21, 2010.
				(b)Temporary
			 judgeships
				(1)Appointment of
			 judgesThe President shall appoint, by and with the advice and
			 consent of the Senate, 2 additional circuit judges for the former ninth
			 circuit, whose official duty stations shall be in Arizona, California, or
			 Nevada.
				(2)Effect of
			 vacanciesThe first 2 vacancies occurring on the new ninth
			 circuit 10 years or more after judges are first confirmed to fill both
			 temporary circuit judgeships created by this subsection shall not be
			 filled.
				(c)Effective
			 dateThis section shall take effect on the date of the enactment
			 of this Act.
			5.Number of circuit
			 judgesThe table contained in
			 section 44(a) of title 28, United States Code, is amended—
			(1)by striking the
			 item relating to the ninth circuit and inserting the following:

								Ninth25

					;
				and(2)by
			 inserting after the item relating to the eleventh circuit the following:

								Twelfth9

					.
			6.Places of circuit
			 courtThe table contained in
			 section 48(a) of title 28, United States Code, is amended—
			(1)by striking the
			 item relating to the ninth circuit and inserting the following:

								NinthHonolulu, San
						Francisco, Pasadena.

					;
				and(2)by inserting after
			 the item relating to the eleventh circuit the following:

								TwelfthPhoenix,
						Seattle.

					.
			7.Assignment of
			 circuit judgesEach circuit
			 judge of the former ninth circuit who is in regular active service and whose
			 official duty station on the day before the effective date of this Act—
			(1)is in California,
			 Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the
			 new ninth circuit as of such effective date; and
			(2)is in Alaska,
			 Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge
			 of the twelfth circuit as of such effective date.
			8.Election of
			 assignment by senior judgesEach judge who is a senior circuit judge of
			 the former ninth circuit on the day before the effective date of this Act may
			 elect to be assigned to the new ninth circuit or to the twelfth circuit as of
			 such effective date, and shall notify the Director of the Administrative Office
			 of the United States Courts of such election.
		9.Seniority of
			 judgesThe seniority of each
			 judge—
			(1)who is assigned
			 under section 7, or
			(2)who elects to be
			 assigned under section 8,
			shall run from
			 the date of commission of such judge as a judge of the former ninth
			 circuit.10.Application to
			 casesThe following apply to
			 any case in which, on the day before the effective date of this Act, an appeal
			 or other proceeding has been filed with the former ninth circuit:
			(1)If the matter has
			 been submitted for decision, further proceedings with respect to the matter
			 shall be had in the same manner and with the same effect as if this Act had not
			 been enacted.
			(2)If the matter has
			 not been submitted for decision, the appeal or proceeding, together with the
			 original papers, printed records, and record entries duly certified, shall, by
			 appropriate orders, be transferred to the court to which the matter would have
			 been submitted had this Act been in full force and effect at the time such
			 appeal was taken or other proceeding commenced, and further proceedings with
			 respect to the case shall be had in the same manner and with the same effect as
			 if the appeal or other proceeding had been filed in such court.
			(3)A
			 petition for rehearing or a petition for rehearing en banc in a matter decided
			 before the effective date of this Act, or submitted before the effective date
			 of this Act and decided on or after such effective date as provided in
			 paragraph (1), shall be treated in the same manner and with the same effect as
			 though this Act had not been enacted. If a petition for rehearing en banc is
			 granted, the matter shall be reheard by a court comprised as though this Act
			 had not been enacted.
			11.Temporary
			 assignment of circuit judges between circuitsSection 291 of title 28, United States Code,
			 is amended by adding at the end the following new subsections:

				(c)The chief judge of
				the Ninth Circuit may, in the public interest and upon request by the chief
				judge of the Twelfth Circuit, designate and assign temporarily any circuit
				judge of the Ninth Circuit to act as circuit judge in the Twelfth
				Circuit.
				(d)The chief judge of
				the Twelfth Circuit may, in the public interest and upon request by the chief
				judge of the Ninth Circuit, designate and assign temporarily any circuit judge
				of the Twelfth Circuit to act as circuit judge in the Ninth
				Circuit.
				.
		12.Temporary
			 assignment of district judges between circuitsSection 292 of title 28, United States Code,
			 is amended by adding at the end the following new subsections:

				(f)The chief judge of
				the Ninth Circuit may in the public interest—
					(1)upon request by
				the chief judge of the Twelfth Circuit, designate and assign one or more
				district judges within the Ninth Circuit to sit upon the Court of Appeals of
				the Twelfth Circuit or a division thereof whenever the business of that court
				so requires; and
					(2)designate and
				assign temporarily any district judge of the Ninth Circuit to hold a district
				court in any district within the Twelfth Circuit.
					(g)The chief judge of
				the Twelfth Circuit may in the public interest—
					(1)upon request by
				the chief judge of the Ninth Circuit, designate and assign one or more district
				judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth
				Circuit or a division thereof whenever the business of that court so requires;
				and
					(2)designate and
				assign temporarily any district judge of the Twelfth Circuit to hold a district
				court in any district within the Ninth Circuit.
					(h)Any designations
				or assignments under subsection (f)(1) or (g)(1) shall be in conformity with
				the rules or orders of the court of appeals of the circuit to which the judge
				is designated or
				assigned.
				.
		13.Administrative
			 coordinationSection 332 of
			 title 28, United States Code, is amended by adding at the end the following new
			 subsection:

				(i)Any 2 contiguous
				circuits may jointly carry out such administrative functions and activities as
				the judicial councils of the 2 circuits determine may benefit from coordination
				or
				consolidation.
				.
		14.AdministrationThe court of appeals for the ninth circuit
			 as constituted on the day before the effective date of this Act may take such
			 administrative action as may be required to carry out this Act and the
			 amendments made by this Act. Such court shall cease to exist for administrative
			 purposes 2 years after the effective date of this Act.
		15.Effective
			 dateExcept as provided in
			 section 4(c), this Act and the amendments made by this Act shall take effect on
			 the first day of the first fiscal year that begins at least 9 months after 5 of
			 the judges authorized to be appointed under section 4 have been confirmed by
			 the United States Senate.
		16.Authorization of
			 AppropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out this
			 Act, including funds for additional court facilities.


110 HRES 539 IH: Requesting that the President focus appropriate attention on neighborhood crime prevention and community policing, and coordinate certain Federal efforts to participate in
U.S. House of Representatives
2007-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 539
IN THE HOUSE OF REPRESENTATIVES

July 11, 2007
Mr. Stupak (for himself, Mr. Ramstad, Ms. Carson, Mr. Meek of Florida, Ms. McCollum of Minnesota, Ms. Jackson-Lee of Texas, Mr. Reyes, Mr. Cantor, Mrs. McMorris Rodgers, Mr. Wu, Mr. Schiff, Mr. Ellison, Mr. Gene Green of Texas, Mr. Farr, Mr. Gerlach, Ms. Bordallo, and Mr. Poe) submitted the following resolution; which was referred to the Committee on the Judiciary

RESOLUTION
Requesting that the President focus appropriate attention on neighborhood crime prevention and community policing, and coordinate certain Federal efforts to participate in National Night Out, which occurs the first Tuesday of August each year, including by supporting local efforts and community watch groups and by supporting local officials, to promote community safety and help provide homeland security.

Whereas neighborhood crime is of continuing concern to the American people;
Whereas child safety is a growing concern for parents and communities, as evidenced by several cases of missing and abducted children;
Whereas homeland security remains an important priority for communities and the Nation;
Whereas crime, drugs, and violence in schools is of continuing concern to the American people due to the recent high-profile incidents that have resulted in fatalities at several schools in the United States;
Whereas the fight against neighborhood crime requires people to work together in cooperation with law enforcement personnel;
Whereas neighborhood crime watch organizations effectively promote awareness about, and the participation of volunteers in, crime prevention activities at the local level;
Whereas neighborhood crime watch groups can contribute to the Nation’s war on drugs by helping to prevent communities from becoming markets for drug dealers;
Whereas neighborhood crime watch programs play an integral role in combating domestic terrorism by increasing vigilance and awareness and encouraging citizen participation in community safety and homeland security;
Whereas community-based programs involving law enforcement, school administrators, teachers, parents, and local communities work effectively to reduce school violence and crime and promote the safety of children;
Whereas citizens throughout the United States will soon take part in National Night Out, a unique crime prevention event that will demonstrate the importance and effectiveness of community participation in crime prevention efforts;
Whereas National Night Out will celebrate its 24th anniversary on Tuesday, August 7, 2007, when citizens, businesses, local law enforcement officers, mayors, State and Federal officials, and others will celebrate America’s Night Out Against Crime and participate in events to support community crime prevention;
Whereas National Night Out is supporting the Department of Homeland Security’s Ready campaign by handing out materials and educating and empowering the public on how to prepare for, and respond to, potential terrorist attacks or other emergencies;
Whereas National Night Out is supporting the National Child Identification Program, a joint partnership between the American Football Coaches Association and the Federal Bureau of Investigation, to provide identification kits to parents to help locate missing children;
Whereas the National Sheriffs Association, the United States Conference of Mayors, and the National League of Cities have officially expressed support for National Night Out; and
Whereas citizens and communities that participate on August 7, 2007, will send a positive message to other communities and the Nation, showing their commitment to reduce crime and promote homeland security: Now, therefore, be it

That the House of Representatives—
(1)supports the goals and ideals of National Night Out; and
(2)requests that the President—
(A)issue a proclamation calling on the people of the United States to conduct appropriate ceremonies, activities, and programs to demonstrate support for National Night Out;
(B)focus appropriate attention on neighborhood crime prevention, community policing, and reduction of school crime by delivering speeches, convening meetings, and directing the Administration to make crime reduction an important priority; and
(C)coordinate the efforts of the Federal Emergency Management Agency, the USA Freedom Corps, the Citizen Corps, the National Senior Service Corps, and AmeriCorps to participate in National Night Out by supporting local efforts and neighborhood watches and by supporting local officials, including law enforcement personnel, to provide homeland security and combat terrorism in the United States.


115 HR 1905 IH: Fair Chance to Compete for Jobs Act of 2017
U.S. House of Representatives
2017-04-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1905IN THE HOUSE OF REPRESENTATIVESApril 5, 2017Mr. Cummings (for himself, Mr. Issa, Ms. Jackson Lee, Mr. Scott of Virginia, Mr. Smith of Washington, Mr. Conyers, Mrs. Watson Coleman, Ms. Norton, Mr. Grijalva, Mr. Cohen, Mr. Foster, Mr. Payne, Ms. Bass, and Mr. Sean Patrick Maloney of New York) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on House Administration, the Judiciary, Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo prohibit Federal agencies and Federal contractors from requesting that an applicant for
			 employment disclose criminal history record information before the
			 applicant has received a conditional offer, and for other purposes.

 1.Short titleThis Act may be cited as the Fair Chance to Compete for Jobs Act of 2017 or the Fair Chance Act. 2.Prohibition on criminal history inquiries prior to conditional offer for Federal employment (a)In generalSubpart H of part III of title 5, United States Code, is amended by adding at the end the following:

					92Prohibition on criminal history inquiries prior to conditional offer

							Sec.
							9201. Definitions.
							9202. Limitations on requests for criminal history record information.
							9203. Agency policies; complaint procedures.
							9204. Adverse action.
							9205. Procedures.
							9206. Rules of construction.

 9201.DefinitionsIn this chapter— (1)the term agency means Executive agency as such term is defined in section 105 and includes—
 (A)the United States Postal Service and the Postal Regulatory Commission; and (B)the Executive Office of the President;
 (2)the term appointing authority means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service;
 (3)the term conditional offer means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry;
 (4)the term criminal history record information— (A)except as provided in subparagraph (B), has the meaning given the term in section 9101(a);
 (B)includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and
 (C)includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and
 (5)the term suspension has the meaning given the term in section 7501. 9202.Limitations on requests for criminal history record information (a)Inquiries prior to conditional offerExcept as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306), or any similar successor form), including through the USAJOBS internet website or any other electronic means, that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.
 (b)Otherwise required by lawThe prohibition under subsection (a) shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.
 (c)Exception for certain positionsThe prohibition under subsection (a) shall not apply with respect to an applicant for an appointment to a position—
 (1)that requires a determination of eligibility described in clause (i), (ii), or (iii) of section 9101(b)(1)(A); or
 (2)as a Federal law enforcement officer (as defined in section 115(c) of title 18). 9203.Agency policies; complaint proceduresThe Director of the Office of Personnel Management shall—
 (1)develop, implement, and publish a policy to assist employees of agencies in complying with section 9202 and the regulations issued pursuant to such section; and
 (2)establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint, or any other information, relating to compliance by an employee of an agency with section 9202.
							9204.Adverse action
 (a)First violationIf the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—
 (1)issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and
 (2)file such warning in the employee’s official personnel record file. (b)Subsequent violationsIf the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:
 (1)For a second violation, suspension of the employee for a period of not more than 7 days. (2)For a third violation, suspension of the employee for a period of more than 7 days.
 (3)For a fourth violation— (A)suspension of the employee for a period of more than 7 days; and
 (B)a civil penalty against the employee in an amount that is not more than $250. (4)For a fifth violation—
 (A)suspension of the employee for a period of more than 7 days; and (B)a civil penalty against the employee in an amount that is not more than $500.
 (5)For any subsequent violation— (A)suspension of the employee for a period of more than 7 days; and
 (B)a civil penalty against the employee in an amount that is not more than $1,000. 9205.Procedures (a)AppealsThe Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any adverse action taken under section 9204 by not later than 30 days after the date of the action.
 (b)Applicability of other lawsAn adverse action taken under section 9204 (including a determination in an appeal from such an action under subsection (a) of this section) shall not be subject to—
 (1)the procedures under chapter 75; or (2)except as provided in subsection (a) of this section, appeal or judicial review.
 9206.Rules of constructionNothing in this chapter may be construed to— (1)authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or
 (2)create a private right of action for any person.. (b)Regulations; effective date (1)RegulationsNot later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out chapter 92 of title 5, United States Code (as added by this Act).
 (2)Effective dateSection 9202 of title 5, United States Code (as added by this Act), shall take effect on the date that is 2 years after the date of enactment of this Act.
 (c)Technical and conforming amendmentThe table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 91 the following:

						92.Prohibition on criminal history inquiries prior to conditional offer9201.
			(d)Application to Legislative Branch
 (1)In generalThe Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended— (A)in section 102(a) (2 U.S.C. 1302(a)), by adding at the end the following:

 (12)Section 9202 of title 5, United States Code.; (B)by redesignating section 207 (2 U.S.C. 1317) as section 208; and
 (C)by inserting after section 206 (2 U.S.C. 1316) the following new section:  207.Rights and protections relating to criminal history inquiries (a)DefinitionsIn this section, the terms agency, criminal history record information, and suspension have the meanings given the terms in section 9201 of title 5, United States Code, except as otherwise modified by this section.
								(b)Restrictions on criminal history inquiries
									(1)In general
 (A)In generalExcept as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5, United States Code, if made by an employee of an agency.
 (B)Conditional offerFor purposes of applying section 9202 of title 5, United States Code, under subparagraph (A), a reference in such section to a conditional offer in such section shall be considered to be an offer of employment to a covered employee that is conditioned upon the results of a criminal history inquiry.
 (2)Rules of constructionThe provisions of section 9206 of title 5, United States Code, shall apply to employing offices, consistent with regulations issued under subsection (d).
									(c)Remedy
 (1)In generalThe remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under section 9204 of title 5, United States Code, if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section 202.
 (2)Process for obtaining reliefAn applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of title IV (other than sections 404(2), 407, and 408), consistent with regulations issued under subsection (d).
									(d)Regulations To Implement Section
 (1)In generalNot later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2017, the Board shall, pursuant to section 304, issue regulations to implement this section. (2)Parallel with agency regulationsThe regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2017 to implement the statutory provisions referred to in subsections (a) through (c) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
 (e)Effective DateSection 102(a)(12) and subsections (a) through (c) shall take effect on the date on which section 9202 of title 5, United States Code, applies with respect to agencies..
 (2)Clerical amendmentThe table of contents of such Act is amended— (A)by redesignating the item relating to section 207 as the item relating to section 208; and
 (B)by inserting after the item relating to section 206 the following new item:   Sec. 207. Rights and protections relating to criminal history inquiries.. (e)Application to judicial branch (1)In generalSection 604 of title 28, United States Code, is amended by adding at the end the following:

						(i)Restrictions on criminal history inquiries
 (1)DefinitionsIn this subsection— (A)the terms agency and criminal history record information have the meanings given those terms in section 9201 of title 5;
 (B)the term covered employee means an employee of the judicial branch of the United States Government, other than— (i)any judge or justice who is entitled to hold office during good behavior;
 (ii)a United States magistrate judge; or (iii)a bankruptcy judge; and
 (C)the term employing office means any office or entity of the judicial branch of the United States Government that employs covered employees.
 (2)RestrictionA covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency.
 (3)Employing office policies; complaint procedureThe provisions of sections 9203 and 9206 of title 5 shall apply to employing offices and to applicants for employment as covered employees, consistent with regulations issued by the Director to implement this subsection.
							(4)Adverse action
 (A)Adverse actionThe Director may take such adverse action with respect to a covered employee who violates paragraph (2) as would be appropriate under section 9204 of title 5 if the violation had been committed by an employee of an agency.
 (B)AppealsThe Director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph (A) by not later than 30 days after the date of the action.
 (C)Applicability of other lawsExcept as provided in subparagraph (B), an adverse action taken under subparagraph (A) (including a determination in an appeal from such an action under subparagraph (B)) shall not be subject to appeal or judicial review.
								(5)Regulations to be issued
 (A)In generalNot later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2017, the Director shall issue regulations to implement this subsection. (B)Parallel with agency regulationsThe regulations issued under subparagraph (A) shall be the same as substantive regulations promulgated by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2017 except to the extent that the Director of the Administrative Office of the United States Courts may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection.
 (6)Effective dateParagraphs (1) through (4) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies..
				3.Prohibition on criminal history inquiries by contractors prior to conditional offer
			(a)Civilian agency contracts
 (1)In generalDivision C of subtitle I of title 41, United States Code, is amended by adding at the end the following new section:

						4713.Prohibition on criminal history inquiries by contractors prior to conditional offer
							(a)Limitation on criminal history inquiries
 (1)In generalExcept as provided in paragraphs (2) and (3), an executive agency— (A)may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and
 (B)shall require as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant.
 (2)Otherwise required by lawThe prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.
 (3)Exception for certain positionsThe prohibition under paragraph (1) does not apply with respect to a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties.
 (b)Complaint proceduresThe Administrator of General Services shall establish and publish procedures under which an applicant for a position with a Federal contractor may submit to the Administrator a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).
							(c)Action for violations of prohibition on criminal history inquiries
 (1)First violationIf the head of an executive agency determines that a contractor has violated subsection (a)(1)(B), such head shall—
 (A)notify the contractor; (B)provide 30 days after such notification for the contractor to appeal the determination; and
 (C)issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations.
 (2)Subsequent violationIf the head of an executive agency determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), such head shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor’s history of violations, including—
 (A)providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section;
 (B)requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section;
 (C)suspending payment under the contract for which the applicant was being considered; (D)terminating the contract under which the applicant was being considered; and
 (E)referring the contractor to the suspension and debarment office of the agency for consideration of actions pursuant to section 9.4 of the Federal Acquisition Regulation.
 (d)DefinitionsIn this section: (1)Conditional offerThe term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry.
 (2)Criminal history record informationThe term criminal history record information has the meaning given that term in section 9201 of title 5.. (2)Clerical amendmentThe table of sections for division C of subtitle I of title 41, United States Code, is amended by inserting after the item relating to section 4712 the following new item:

							4713. Prohibition on criminal history inquiries by contractors prior to conditional offer..
 (3)Effective dateSection 4713(a) of title 41, United States Code, as added by paragraph (1), shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section 2(b)(2) of this Act.
				(b)Defense contracts
 (1)In generalChapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

						2338.Prohibition on criminal history inquiries by contractors prior to conditional offer
							(a)Limitation on criminal history inquiries
 (1)In generalExcept as provided in paragraphs (2) and (3), the head of an agency— (A)may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and
 (B)shall require as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally or through written form request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant.
 (2)Otherwise required by lawThe prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.
 (3)Exception for certain positionsThe prohibition under paragraph (1) does not apply with respect to a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties.
 (b)Complaint proceduresThe Secretary of Defense shall establish and publish procedures under which an applicant for a position with a Department of Defense contractor may submit a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).
							(c)Action for violations of prohibition on criminal history inquiries
 (1)First violationIf the Secretary of Defense determines that a contractor has violated subsection (a)(1)(B), the Secretary shall—
 (A)notify the contractor; (B)provide 30 days after such notification for the contractor to appeal the determination; and
 (C)issue a written warning to the contractor that includes a description of the violation and the additional penalties that may apply for subsequent violations.
 (2)Subsequent violationsIf the Secretary of Defense determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), the Secretary shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor’s history of violations, including—
 (A)providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section;
 (B)requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section;
 (C)suspending payment under the contract for which the applicant was being considered; (D)terminating the contract under which the applicant was being considered; and
 (E)referring the contractor to the suspension and debarment office of the agency for consideration of actions pursuant to section 9.4 of the Federal Acquisition Regulation.
 (d)DefinitionsIn this section: (1)Conditional offerThe term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry.
 (2)Criminal history record informationThe term criminal history record information has the meaning given that term in section 9201 of title 5.. (2)Effective dateSection 2338(a) of title 10, United States Code, as added by paragraph (1), shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section 2(b)(2) of this Act.
 (3)Clerical amendmentThe table of sections for chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2337 the following new item:

							2338. Prohibition on criminal history inquiries by contractors prior to conditional offer..
				(c)Revisions to Federal Acquisition Regulation
 (1)In generalNot later than 18 months after the date of enactment of this Act, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement section 4713 of title 41, United States Code, and section 2338 of title 10, United States Code, as added by this section.
 (2)Consistency with Office of Personnel Management regulationsThe Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) to the maximum extent practicable. The Council shall include together with such revision an explanation of any substantive modification of the Office of Personnel Management regulations, including an explanation of how such modification will more effectively implement the rights and protections under this section.
				4.Report on employment of individuals formerly incarcerated in Federal prisons
 (a)DefinitionIn this section, the term covered individual— (1)means an individual who has completed a term of imprisonment in a Federal prison for a Federal criminal offense; and
 (2)does not include an alien who is or will be removed from the United States for a violation of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
 (b)Study and report requiredThe Director of the Bureau of Justice Statistics, in coordination with the Director of the Bureau of the Census, shall—
 (1)not later than 6 months after the date of enactment of this Act, design and initiate a study on the employment of covered individuals after their release from Federal prison, including by collecting—
 (A)demographic data on covered individuals, including race, age, and sex; and (B)data on employment and earnings of covered individuals who have been denied employment, including the reasons for the denials; and
 (2)not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, submit a report that does not include any personally identifiable information on the study conducted under paragraph (1) to—
 (A)the Committee on Homeland Security and Governmental Affairs of the Senate; (B)the Committee on Health, Education, Labor, and Pensions of the Senate;
 (C)the Committee on Oversight and Government Reform of the House of Representatives; and (D)the Committee on Education and the Workforce of the House of Representatives.