115 HR 4434 IH: Fix NICS Act of 2017
U.S. House of Representatives
2017-11-16
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
115th CONGRESS1st Session
H. R. 4434
IN THE HOUSE OF REPRESENTATIVES

November 16, 2017
Mr. Cuellar (for himself, Mr. Culberson, Ms. Esty of Connecticut, Mr. Costello of Pennsylvania, and Mr. Aguilar) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To enforce current law regarding the National Instant Criminal Background Check System.

1.Short titleThis Act may be cited as the Fix NICS Act of 2017.  2.Accountability for Federal departments and agenciesSection 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended—
(1)in subsection (e)(1), by adding at the end the following:  (F)Semiannual certification and reporting (i)In generalThe head of each Federal department or agency shall submit a semiannual written certification to the Attorney General indicating whether the department or agency is in compliance with the record submission requirements under subparagraph (C).
(ii)Submission datesThe head of a Federal department or agency shall submit a certification to the Attorney General under clause (i)— (I)not later than July 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on January 1 of the year and ending on June 30 of the year; and
(II)not later than January 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.  (iii)ContentsA certification required under clause (i) shall state, for the applicable period—
(I)the total number of records of the Federal department or agency demonstrating that a person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, United States Code;  (II)for each category of records described in subclause (I), the total number of records of the Federal department or agency that have been provided to the Attorney General; and
(III)the efforts of the Federal department or agency to ensure complete and accurate reporting of relevant records, including efforts to monitor compliance and correct any reporting failures or inaccuracies.  (G)Implementation plan (i)In generalNot later than 1 year after the date of enactment of this subparagraph, the head of each Federal department or agency, in coordination with the Attorney General, shall establish a plan to ensure maximum coordination and automated reporting or making available of records to the Attorney General as required under subparagraph (C), and the verification of the accuracy of those records, including the pre-validation of those records, where appropriate, during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code.
(ii)Benchmark requirementsEach plan established under clause (i) shall include annual benchmarks to enable the Attorney General to assess implementation of the plan, including— (I)qualitative goals and quantitative measures;
(II)measures to monitor internal compliance, including any reporting failures and inaccuracies;  (III)a needs assessment, including estimated compliance costs; and
(IV)an estimated date by which the Federal department or agency will fully comply with record submission requirements under subparagraph (C).  (iii)Compliance determinationNot later than the end of each fiscal year beginning after the date of the establishment of a plan under clause (i), the Attorney General shall determine whether the applicable Federal department or agency has achieved substantial compliance with the benchmarks included in the plan.
(H)AccountabilityThe Attorney General shall publish, including on the website of the Department of Justice, and submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a semiannual report that discloses— (i)the name of each Federal department or agency that has failed to submit a required certification under subparagraph (F);
(ii)the name of each Federal department or agency that has submitted a required certification under subparagraph (F), but failed to certify compliance with the record submission requirements under subparagraph (C);  (iii)the name of each Federal department or agency that has failed to submit an implementation plan under subparagraph (G);
(iv)the name of each Federal department or agency that is not in substantial compliance with an implementation plan under subparagraph (G);  (v)a detailed summary of the data, broken down by department or agency, contained in the certifications submitted under subparagraph (F);
(vi)a detailed summary of the contents and status, broken down by department or agency, of the implementation plans established under subparagraph (G); and  (vii)the reasons for which the Attorney General has determined that a Federal department or agency is not in substantial compliance with an implementation plan established under subparagraph (G).
(I)Noncompliance penaltiesFor each of fiscal years 2019 through 2022, each political appointee of a Federal department or agency that has failed to certify compliance with the record submission requirements under subparagraph (C), and is not in substantial compliance with an implementation plan established under subparagraph (G), shall not be eligible for the receipt of bonus pay, excluding overtime pay, until the department or agency— (i)certifies compliance with the record submission requirements under subparagraph (C); or
(ii)achieves substantial compliance with an implementation plan established under subparagraph (G).  (J)Technical assistanceThe Attorney General may use funds made available for the national instant criminal background check system established under subsection (b) to provide technical assistance to a Federal department or agency, at the request of the department or agency, in order to help the department or agency comply with the record submission requirements under subparagraph (C).
(K)Application to Federal courtsFor purposes of this paragraph— (i)the terms department or agency of the United States and Federal department or agency include a Federal court; and
(ii)the Director of the Administrative Office of the United States Courts shall perform, for a Federal court, the functions assigned to the head of a department or agency.; and  (2)in subsection (g), by adding at the end the following: For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General receives such information, the Attorney General shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous. In addition to any funds made available under subsection (k), the Attorney General may use such sums as are necessary and otherwise available for the salaries and expenses of the Federal Bureau of Investigation to comply with this subsection..
3.Reauthorization of NICS Act Record Improvement Program
(a)Requirements To obtain waiverSection 102 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40912) is amended— (1)in subsection (a), in the first sentence—
(A)by striking the Crime Identification Technology Act of 1988 (42 U.S.C. 14601) and inserting section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301); and  (B)by inserting is in compliance with an implementation plan established under subsection (b) or before provides at least 90 percent of the information described in subsection (c); and
(2)in subsection (b)(1)(B), by inserting or has established an implementation plan under section 107 after the Attorney General.  (b)Implementation assistance to StatesSection 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended—
(1)in subsection (b)(3), by inserting before the semicolon at the end the following: , including through increased efforts to pre-validate the contents of those records to expedite eligibility determinations;  (2)in subsection (e)—
(A)in paragraph (1)— (i)by striking and; and
(ii)by inserting before the period at the end the following: , and $125,000,000 for each of fiscal years 2018 through 2022; and  (B)by striking paragraph (2) and inserting the following—

(2)Domestic Abuse and Violence Prevention Initiative
(A)EstablishmentFor each of fiscal years 2018 through 2022, the Attorney General shall create a priority area under the NICS Act Record Improvement Program (commonly known as NARIP) for a Domestic Abuse and Violence Prevention Initiative that emphasizes the need for grantees to identify and upload all felony conviction records and domestic violence records.  (B)FundingThe Attorney General—
(i)may use not more than 50 percent of the amounts made available under this subsection for each of fiscal years 2018 through 2022 to carry out the initiative described in subparagraph (A); and  (ii)shall give a funding preference under NARIP to States that—
(I)have established an implementation plan under section 107; and  (II)will use amounts made available under this subparagraph to improve efforts to identify and upload all felony conviction records and domestic violence records described in clauses (i), (v), and (vi) of section 102(b)(1)(C) by not later than September 30, 2022.; and
(3)by adding at the end the following:  (g)Technical assistanceThe Attorney General shall direct the Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation to—
(1)assist States that are not currently eligible for grants under this section to achieve compliance with all eligibility requirements; and  (2)provide technical assistance and training services to grantees under this section..
4.Reauthorization of the National Criminal History Improvement Program
(a)State grant program for criminal justice identification, information, and communicationSection 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301) is amended— (1)in subsection (a)(3)—
(A)by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and  (B)by inserting after subparagraph (B) the following:

(C)identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year;  (2)in subsection (b)(6)—
(A)by striking (18 U.S.C. 922 note) and inserting (34 U.S.C. 40901(b)); and  (B)by inserting before the semicolon at the end the following: , including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007;
(3)in subsection (d), by inserting after unless the following: the State has achieved compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007 or; and  (4)in subsection (e)(1), by striking 2002 through 2007 and inserting 2018 through 2022.
(b)Grants for the improvement of criminal recordsSection 106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40302(1)) is amended— (1)in the matter preceding subparagraph (A)—
(A)by striking as of the date of enactment of this Act and inserting , as of the date of enactment of the Fix NICS Act of 2017,; and  (B)by striking files, and inserting the following: files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records,;
(2)in subparagraph (B), by striking and at the end;  (3)in subparagraph (C)—
(A)by striking upon establishment of the national system,; and  (B)by striking the period at the end and inserting ; and; and
(4)by adding at the end the following—  (D)to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007..
5.Improving information sharing with the States
(a)In generalTitle I of the NICS Improvement Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended by adding at the end the following:  107.Implementation plan (a)In generalNot later than 1 year after the date of enactment of the Fix NICS Act of 2017, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code.
(b)Benchmark requirementsEach plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including— (1)qualitative goals and quantitative measures; and
(2)a needs assessment, including estimated compliance costs.  (c)Compliance determinationNot later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan.
(d)AccountabilityThe Attorney General— (1)shall disclose and publish, including on the website of the Department of Justice—
(A)the name of each State or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection (c) for the preceding fiscal year; and  (B)a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the implementation plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and
(2)if a State or Indian tribal government described in paragraph (1) subsequently receives a determination of substantial compliance, shall— (A)immediately correct the applicable record; and
(B)not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published.  (e)IncentivesFor each of fiscal years 2018 through 2022, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian tribal government that received a determination of substantial compliance under subsection (c) for the fiscal year in which the grant was solicited..
(b)Table of contentsThe table of contents in section 1(b) of the NICS Improvement Amendments Act of 2007 (Public Law 110–180; 121 Stat. 2559) is amended by inserting after the item relating to section 106 the following:   Sec. 107. Implementation plan..


116 HR 6315 IH: COVID–19 National Service Response Act
U.S. House of Representatives
2020-03-23
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. 6315IN THE HOUSE OF REPRESENTATIVESMarch 23, 2020Mr. Castro of Texas (for himself and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo provide administrative support and flexibility to the Corporation for National and Community Service to respond to the COVID–19 national emergency as declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus.1.Short titleThis Act may be cited as the COVID–19 National Service Response Act. 2.COVID–19 National emergency response for the Corporation for National and Community Service(a)Accrual of service hours(1)Accrual through other service hours(A)In generalNotwithstanding any other provision of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) or the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), the Corporation for National and Community Service shall allow an individual described in subparagraph (B) to accrue other service hours that will count toward the number of hours needed for the individual’s education award.(B)Affected individualsSubparagraph (A) shall apply to any individual serving in a position eligible for an educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)—(i)who is performing limited service due to COVID–19; or(ii)whose position has been suspended or placed on hold due to COVID–19.(2)Provisions in case of early exitIn any case where an individual serving in a position eligible for an educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to exit the position early at the direction of the Corporation for National and Community Service, the Chief Executive Officer of the Corporation for National and Community Service may—(A)deem such individual as having met the requirements of the position; and(B)award the individual the full value of the educational award under such subtitle for which the individual would otherwise have been eligible.(b)Availability of FundsNotwithstanding any other provision of law, all funds made available to the Corporation for National and Community Service under any Act, including the amounts appropriated to the Corporation under the headings OPERATING EXPENSES, SALARIES AND EXPENSES, and OFFICE OF THE INSPECTOR GENERAL under the heading Corporation for National and Community Service under title IV of Division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), shall remain available for the fiscal year ending September 30, 2021.(c)No Required Return of Grant FundsNotwithstanding section 129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42 U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the Corporation for National and Community Service may permit fixed-amount grant recipients under such section 129(l) to maintain a pro rata amount of grant funds, at the discretion of the Corporation for National and Community Service, for participants who exited, were suspended, or are serving in a limited capacity due to COVID–19, to enable the grant recipients to maintain operations and to accept participants.(d)Extension of Terms and Age LimitsNotwithstanding any other provision of law, the Corporation for National and Community Service may extend the term of service (for a period not to exceed the 1-year period immediately following the end of the national emergency) or waive any upper age limit (except in no case shall the maximum age exceed 26 years of age) for national service programs carried out by the National Civilian Community Corps under subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.), and the participants in such programs, for the purposes of—(1)addressing disruptions due to COVID–19; and(2)minimizing the difficulty in returning to full operation due to COVID–19 on such programs and participants.


115 HR 1627 IH: Small Business Assistance Act of 2017
U.S. House of Representatives
2017-03-20
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. 1627IN THE HOUSE OF REPRESENTATIVESMarch 20, 2017Mr. Bergman (for himself and Mr. Keating) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to reinstate the returning worker exemption for H–2B
			 visas, and for other purposes.

 1.Short titleThis Act may be cited as the Small Business Assistance Act of 2017. 2.Returning worker exemption (a)In generalSection 214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking during fiscal year 2013, 2014, or 2015 shall not again be counted toward such limitation during fiscal year 2016 and inserting the following: during fiscal year 2014, 2015, or 2016 shall not again be counted toward such limitation during fiscal year 2017.
 (b)Effective dateThe amendment made by subsection (a) shall take effect as if enacted on October 1, 2016.


		I
		111th CONGRESS
		2d Session
		H. R. 6084
		IN THE HOUSE OF REPRESENTATIVES

			August 10, 2010
			Mrs. Bono Mack (for
			 herself, Mr. Mack,
			 Ms. Ros-Lehtinen,
			 Mr. Thompson of California,
			 Mr. Blumenauer,
			 Mr. Cohen,
			 Mr. Yarmuth,
			 Mr. Putnam,
			 Mr. Paulsen,
			 Mr. Schock,
			 Mr. Ryan of Wisconsin,
			 Mr. Smith of Texas,
			 Mrs. Lummis,
			 Mr. Dent, Mr. Burton of Indiana,
			 Mr. Terry,
			 Mr. Bachus,
			 Ms. DeGette,
			 Mr. Holt, Mr. Petri, Mr.
			 Royce, Mr. Rohrabacher,
			 Mr. King of Iowa,
			 Mr. Calvert,
			 Mr. Gutierrez,
			 Mr. Serrano,
			 Mrs. Capps,
			 Mr. Shuster,
			 Mr. Roe of Tennessee,
			 Mr. Buchanan,
			 Mr. Rooney,
			 Mr. Jordan of Ohio,
			 Mr. Chaffetz,
			 Mr. Luetkemeyer,
			 Mr. Turner,
			 Mr. Farr, Mrs. Schmidt, Ms.
			 Schakowsky, Mr. Crowley,
			 Mr. Engel, and
			 Mr. McCaul) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services

		A BILL
		To award a congressional gold medal to Greg Mortenson, in
		  recognition of his humanitarian work in Asia and elsewhere.

		1.FindingsThe Congress finds the following:
			(1)Greg Mortenson has worked tirelessly to
			 build schools in rural areas of Pakistan and Afghanistan for children,
			 especially girls, for over 15 years.
			(2)Greg Mortenson has
			 uniquely worked with local village and tribal leaders to develop schools in a
			 community-led manner that respects local customs.
			(3)Greg Mortenson has
			 promoted education as a key to building peace in the Middle East.
			(4)Greg Mortenson has
			 overcome great adversity to continue his important life work of promoting
			 education in Pakistan and Afghanistan.
			(5)Greg Mortenson
			 established the Central Asian Institute in 1996, to assist in promoting public
			 health and conservation in northern Pakistan, Afghanistan, Kyrgyzstan, and
			 Mongolia.
			(6)Greg Mortenson
			 established the Pennies for Peace program to educate American children on the
			 world and how they can make a positive impact one penny at a
			 time.
			(7)Greg Mortenson has
			 received many prestigious honors and awards, including Pakistan's highest civil
			 award, the Sitara-e-Pakistan (Star of Pakistan), for his
			 humanitarian efforts.
			(8)Greg Mortenson has
			 earned global recognition for his peace-building, humanitarian efforts,
			 especially through his best selling non-fiction book, Three Cups of
			 Tea, and his new book, Stones into Schools.
			2.Congressional gold medal
			(a)Presentation authorizedThe Speaker of the House of Representatives
			 and the President pro tempore of the Senate shall make appropriate arrangements
			 for the presentation, on behalf of the Congress, of a gold medal of appropriate
			 design to Greg Mortenson, in recognition of his humanitarian work in Asia and
			 elsewhere.
			(b)Design and strikingFor purposes of the presentation referred
			 to in subsection (a), the Secretary of the Treasury (hereafter in this Act
			 referred to as the Secretary) shall strike a gold medal with
			 suitable emblems, devices, and inscriptions, to be determined by the
			 Secretary.
			3.Duplicate medalsThe Secretary may strike and sell duplicates
			 in bronze of the gold medal struck pursuant to section 2, under such
			 regulations as the Secretary may prescribe, at a price sufficient to cover the
			 cost thereof, including labor, materials, dies, use of machinery, and overhead
			 expenses, and the cost of the gold medal.
		4.Status of medals
			(a)National medalsThe medals struck pursuant to this Act are
			 national medals for purposes of
			 chapter 51 of title 31,
			 United States Code.
			(b)Numismatic itemsFor purposes of sections 5134 and 5136 of
			 title 31, United States Code, all medals struck under this Act shall be
			 considered to be numismatic items.
			5.Authority to use fund amounts; proceeds of
			 sale
			(a)Authority To use fund amountsThere are authorized to be charged against
			 the United States Mint Public Enterprise Fund, such amounts as may be necessary
			 to pay for the costs of the medals struck pursuant to this Act.
			(b)Proceeds of saleAmounts received from the sale of duplicate
			 bronze medals authorized under section 3 shall be deposited into the United
			 States Mint Public Enterprise Fund.


		II
		111th CONGRESS
		1st Session
		S. 289
		IN THE SENATE OF THE UNITED STATES

			January 21, 2009
			Mr. Inhofe (for himself
			 and Mr. Coburn) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to eliminate
		  the taxable income limit on percentage depletion for oil and natural gas
		  produced from marginal properties.

		1.Elimination of taxable income
			 limit on percentage depletion for oil and natural gas produced from marginal
			 properties
			(a)In
			 generalSubparagraph (H) of
			 section 613A(c)(6) of the Internal Revenue Code of 1986 (relating to oil and
			 natural gas produced from marginal properties) is amended to read as
			 follows:

					(H)Nonapplication
				of taxable income limit with respect to marginal productionThe
				second sentence of subsection (a) of section 613 shall not apply to so much of
				the allowance for depletion as is determined under subparagraph
				(A).
					.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after December 31, 2008.


115 HR 4887 : Grant Reporting Efficiency and Agreements Transparency Act of 2018
U.S. House of Representatives
2018-09-27
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.

		IIB
		115th CONGRESS2d Session
		H. R. 4887
		IN THE SENATE OF THE UNITED STATES
		September 27, 2018Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACT
		To modernize Federal grant reporting, and for other purposes.

 1.Short titleThis Act may be cited as the Grant Reporting Efficiency and Agreements Transparency Act of 2018 or the GREAT Act. 2.PurposesThe purposes of this Act are to—
 (1)modernize reporting by recipients of Federal grants and cooperative agreements by creating and imposing data standards for the information that grants and cooperative agreement recipients must report to the Federal Government;
 (2)implement the recommendation by the Director of the Office of Management and Budget, under section 5(b)(6) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), which includes the development of a comprehensive taxonomy of standard definitions for core data elements required for managing Federal financial assistance awards;
 (3)reduce burden and compliance costs of recipients of Federal grants and cooperative agreements by enabling technology solutions, existing or yet to be developed, by both the public and private sectors, to better manage data recipients already provide to the Federal Government; and
 (4)to strengthen oversight and management of Federal grants and cooperative agreements by agencies through consolidated collection and display of and access to open data that has been standardized, and where appropriate, transparency to the public.
			3.Data standards for grant reporting
 (a)AmendmentSubtitle V of title 31, United States Code, is amended by inserting after chapter 63 the following new chapter:

					64DATA STANDARDS FOR GRANT REPORTING

							Sec.
							6401. Definitions.
							6402. Data standards for grant reporting.
							6403. Guidance applying data standards for grant reporting.
							6404. Agency requirements.
 6401.DefinitionsIn this chapter: (1)AgencyThe term agency has the meaning given that term in section 552(f) of title 5.
 (2)Core data elementsThe term core data elements means data elements that are not program-specific in nature and are required by agencies for all or the vast majority of Federal grant and cooperative assistance recipients for purposes of reporting.
 (3)DirectorThe term Director means the Director of the Office of Management and Budget. (4)Federal awardThe term Federal award—
 (A)means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including financial assistance and Government facilities, services, and property;
 (B)includes grants, subgrants, awards, and cooperative agreements; and (C)does not include—
 (i)conventional public information services or procurement of property or services for the direct benefit or use of the Government; or
 (ii)an agreement that provides only— (I)direct Government cash assistance to an individual;
 (II)a subsidy; (III)a loan;
 (IV)a loan guarantee; or (V)insurance.
 (5)SecretaryThe term Secretary means the head of the standard-setting agency. (6)Standard-setting agencyThe term standard-setting agency means the Executive department designated under section 6402(a)(1).
 (7)StateThe term State means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe.
							6402.Data standards for grant reporting
							(a)In general
 (1)Designation of standard-setting agencyThe Director shall designate the Executive department (as defined in section 101 of title 5) that issues the most Federal awards in a calendar year as the standard-setting agency.
 (2)Establishment of standardsNot later than 1 year after the date of the enactment of this chapter, the Secretary and the Director shall establish Governmentwide data standards for information reported by recipients of Federal awards.
 (3)Data elementsThe data standards established under paragraph (2) shall include, at a minimum— (A)standard definitions for data elements required for managing Federal awards; and
 (B)unique identifiers for Federal awards and entities receiving Federal awards that can be consistently applied Governmentwide.
 (b)ScopeThe data standards established under subsection (a) shall include core data elements and may cover any information required to be reported to any agency by recipients of Federal awards, including audit-related information reported under chapter 75 of this title.
 (c)RequirementsThe data standards required to be established under subsection (a) shall, to the extent reasonable and practicable—
 (1)render information reported by recipients of Federal grant and cooperative agreement awards fully searchable and machine-readable;
 (2)be nonproprietary; (3)incorporate standards developed and maintained by voluntary consensus standards bodies;
 (4)be consistent with and implement applicable accounting and reporting principles; and (5)incorporate the data standards established under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).
 (d)ConsultationIn establishing the data standards under subsection (a), the Secretary and the Director shall consult with, as appropriate—
 (1)the Secretary of the Treasury, to ensure that the data standards incorporate the data standards created under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note);
 (2)the head of each agency that issues Federal awards; (3)recipients of Federal awards and organizations representing recipients of Federal awards;
 (4)private sector experts; (5)members of the public, including privacy experts, privacy advocates, and industry stakeholders; and
 (6)State and local governments. 6403.Guidance applying data standards for grant reporting (a)In generalNot later than 2 years after the date of the enactment of this chapter—
 (1)the Secretary and the Director shall issue guidance to all agencies directing the agencies to apply the data standards established under section 6402 to all applicable reporting by recipients of Federal grant and cooperative agreement awards; and
 (2)the Director shall prescribe guidance applying the data standards to audit-related information reported under chapter 75.
 (b)GuidanceThe guidance issued under this section shall— (1)to the extent reasonable and practicable—
 (A)minimize the disruption to existing reporting practices for agencies and for recipients of Federal grant and cooperative agreement awards; and
 (B)explore opportunities to implement modern technologies within Federal award reporting; (2)allow the Director to permit exceptions for categories of grants if the Director publishes a list of such exceptions, including exceptions for Indian Tribes and Tribal organizations consistent with the Indian Self-Determination and Education Assistance Act; and
 (3)take into consideration the consultation required under section 6402(d). 6404.Agency requirementsNot later than 3 years after the date of the enactment of this chapter, the head of each agency shall ensure that all of the agency’s grants and cooperative agreements use data standards for all future information collection requests and amend existing information collection requests covered by chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act) to comply with the data standards established under section 6402, consistent with the guidance issued by the Secretary and the Director under section 6403..
 (b)Technical and conforming amendmentThe table of chapters for subtitle V of title 31, United States Code, is amended by inserting after the item relating to chapter 63 the following new item:

						64.Data Standards for Grant Reporting6401.
			4.Single audit act
			(a)Amendments
 (1)Section 7502(h) of title 31, United States Code, is amended by inserting before to a Federal clearinghouse the following in an electronic form consistent with the data standards established under chapter 64,. (2)Section 7505 of title 31, United States Code, is amended by adding at the end the following new subsection:

 (d)Such guidance shall require audit-related information reported under this chapter to be reported in an electronic form consistent with the data standards established under chapter 64..
 (b)GuidanceNot later than 2 years after the date of the enactment of this Act, the Director shall issue guidance requiring audit-related information reported under chapter 75 of title 31, United States Code, to be reported in an electronic form consistent with the data standards established under chapter 64 of title 31, United States Code, as added by section 3.
			5.Consolidation of assistance-related information; publication of public information as open data
 (a)Collection of informationNot later than 4 years after the date of the enactment of this Act, the Secretary and the Director shall enable the collection, public display, and maintenance of Federal award information as a Governmentwide data set, using the data standards established under chapter 64 of title 31, United States Code, as added by section 3, subject to reasonable restrictions established by the Director to ensure protection of personally identifiable and otherwise sensitive information.
 (b)Publication of informationThe Secretary and the Director shall require the publication of recipient-reported data collected from all agencies on a single public portal. Information may be published on an existing Governmentwide website as determined appropriate by the Director.
 (c)FoiaNothing in this section shall require the disclosure to the public of information that would be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).
			6.Evaluation of Nonproprietary Identifiers
 (a)Determination requiredThe Director and the Secretary shall determine whether to use nonproprietary identifiers under section 6402(a)(3)(B) of title 31, United States Code, as added by section 3(a).
 (b)Factors to be consideredIn making the determination required pursuant to subsection (a), the Director and the Secretary shall consider factors such as accessibility and cost to recipients of Federal awards, agencies that issue Federal awards, private-sector experts, and members of the public, including privacy experts and privacy advocates.
 (c)Publication and report on determinationNot later than the earlier of 1 year after the date of the enactment of this Act or the date on which the Secretary and Director establish data standards pursuant to section 6402(a)(2) of title 31, United States Code, as added by section 3(a), the Secretary and the Director shall publish and submit to the Committees on Oversight and Government Reform of the House of Representatives and Homeland Security and Governmental Affairs of the Senate a report explaining the reasoning for the determination made pursuant to subsection (a).
 7.DefinitionsIn this Act, the terms agency, Director, Federal award, and Secretary have the meaning given those terms in section 6401 of title 31, United States Code, as added by section 3(a).
 8.Rule of constructionNothing in this Act, or the amendments made by this Act, shall be construed to require the collection of data that is not otherwise required pursuant to any Federal law, rule, or regulation.
 9.No additional funds authorizedNo additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

	Passed the House of Representatives September 26, 2018.Karen L. Haas,Clerk.


109 HR 3495 IH: For the relief of Thomas W. Sikes and Wellington Trade, Inc., doing business as Containerhouse.
U.S. House of Representatives
2005-07-27
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.

V
109th CONGRESS 1st Session
H. R. 3495
IN THE HOUSE OF REPRESENTATIVES

July 27, 2005
Mr. Norwood introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
For the relief of Thomas W. Sikes and Wellington Trade, Inc., doing business as Containerhouse.

1.Compensation for damages
(a)In generalThe Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, $990,500 to the persons named in subsection (b) for damages sustained by such persons in connection with a 1991 government contract for the purchase and delivery of certain ocean freight containers.
(b)Persons to receive compensationThe Secretary of the Treasury shall compensate the following persons under subsection (a):
(1)Thomas W. Sikes of Cadwell, Georgia.
(2)Wellington Trade Inc., of Cornelia, Georgia, doing business as Containerhouse.
2.Satisfaction of claims against the United StatesPayment under section 1 shall constitute full settlement of all legal and equitable claims by the persons named in section 1(b) against the United States for the damages described in section 1(a).
3.Limitation on attorney and agent feesNot more than 10 percent of the payment made under section 1 may be paid to or received by an agent or attorney as consideration for any service rendered in connection with this Act. Each violation of this section is punishable by a fine of not more than $1,000.


		III
		111th CONGRESS
		1st Session
		H. CON. RES. 1
		IN THE SENATE OF THE UNITED
		  STATES

			January 6, 2009
			Received and referred to the
			 Committee on Rules and
			 Administration

		CONCURRENT RESOLUTION
		Regarding consent to assemble outside the
		  seat of government.

		That pursuant to clause 4, section 5,
			 article I of the Constitution, during the One Hundred Eleventh Congress the
			 Speaker of the House and the Majority Leader of the Senate or their respective
			 designees, acting jointly after consultation with the Minority Leader of the
			 House and the Minority Leader of the Senate, may notify the Members
			 of the House and the Senate, respectively, to assemble at a place outside the
			 District of Columbia if, in their opinion, the public interest shall warrant
			 it.

			Passed the House of
			 Representatives January 6, 2009.
			Lorraine C. Miller,
			Clerk


117 HR 135 IH: Accidental Firearms Transfers Reporting Act of 2021
U.S. House of Representatives
2021-01-04
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.

I117th CONGRESS1st SessionH. R. 135IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2021Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the Director of the Federal Bureau of Investigation to report to the Congress semiannually on the number of firearms transfers resulting from the failure to complete a background check within 3 business days, and the procedures followed after it is discovered that a firearm transfer has been made to a transferee who is ineligible to receive a firearm.1.Short titleThis Act may be cited as the Accidental Firearms Transfers Reporting Act of 2021.2.FBI report on firearms transfers resulting from the failure to complete a background check within 3 business days, and the procedures followed after it is discovered that a firearm transfer has been made to a transferee who is ineligible to receive a firearmWithin 120 days after the date of the enactment of this Act and every 6 months thereafter, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report on—(1)the number of proposed firearm transfers—(A)about which a person licensed under chapter 44 of title 18, United States Code, contacted the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act;(B)with respect to which the system failed to respond to the licensee within 3 business days; and(C)which were completed in the period covered by the report; and(2)the procedures followed after it is discovered that a firearm transfer has been made to a transferee who is ineligible to receive a firearm.


116 HR 6697 IH: Local Chamber, Tourism, and 501(c)(6) Protection Act of 2020
U.S. House of Representatives
2020-05-05
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. 6697IN THE HOUSE OF REPRESENTATIVESMay 5, 2020Mr. Pappas (for himself, Mr. Fitzpatrick, Mr. Cisneros, and Mr. Steube) introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo amend the Small Business Act to expand the Paycheck Protection Program for certain organizations, and for other purposes.1.Short titleThis Act may be cited as the Local Chamber, Tourism, and 501(c)(6) Protection Act of 2020.2.Paycheck protection programSection 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended—(1)in subparagraph (A)—(A)in clause (viii)(II)—(i)in item (dd), by striking or at the end; (ii)in item (ee), by striking ; and at the end and inserting ; or; and (iii)by adding at the end the following:(ff)any compensation of an employee who is a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); ; (B)in clause (ix), by striking the period at the end and inserting a semicolon; and (C)by adding at the end the following:(x)the term covered business organization means an organization (other than a professional football league) that—(I)is described in section 501(c)(6) of the Internal Revenue Code of 1986 or is a destination marketing organization (without regard to whether such organization is described in such section); and(II)has 300 or fewer employees; and(xi)the term destination marketing organization means a non-profit entity, a State, or a political subdivision of a State (including any instrumentality of such entities) engaged in marketing and promoting communities and facilities to businesses and leisure travelers through a range of activities, including—(I)assisting with the location of meeting and convention sites;(II)providing travel information on area attractions, lodging accommodations, and restaurants;(III)providing maps; and(IV)organizing group tours of local historical, recreational, and cultural attractions.; and(2)in subparagraph (D), by adding at the end the following:(vii)Inclusion of covered business organizationsDuring the covered period, a covered business organization shall be eligible to receive a covered loan..


113 HR 2954 : Public Access and Lands Improvement Act
U.S. House of Representatives
2014-02-10
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.

		IIB
		113th CONGRESS
		2d Session
		H. R. 2954
		IN THE SENATE OF THE UNITED STATES
		February 10, 2014Received; read twice and referred to the Committee on Energy and Natural ResourcesAN ACT
		To authorize Escambia County, Florida, to convey certain property that was formerly part of Santa
			 Rosa Island National Monument and that was conveyed to Escambia County
			 subject to restrictions on use and reconveyance.

		1.Short titleThis Act may be cited as the Public Access and Lands Improvement Act.
		ISanta Rosa Island Title Fairness and Land Preservation Act
			101.Short titleThis title may be cited as the Santa Rosa Island Title Fairness and Land Preservation Act.
			102.Conveyance of property
				(a)Conveyance free of restrictionsNotwithstanding the restrictions on conveyance of property located on Santa Rosa Island, Florida,
			 contained in the Act of July 30, 1946 (chapter 699; 70 Stat. 712), and the
			 deed to the property from the United States to Escambia County, Florida,
			 dated January 15, 1947, Escambia County may, at its discretion, convey or
			 otherwise dispose of all of its right, title, and interest (in whole or in
			 part), in and to any portion of the property that was conveyed to it
			 pursuant to that Act and deed, to any person or entity, free from any
			 restriction on conveyance or reconveyance imposed by the United States in
			 that Act or deed. Any conveyance under this subsection shall be subject to
			 the conditions set forth in subsection (c).
				(b)Leasehold interestsNo person or entity holding a leasehold interest in the property as of the date of the enactment of
			 this Act shall be required to involuntarily accept a fee interest in lieu
			 of their leasehold interest in the property.
				(c)ConditionsAny conveyance under subsection (a) shall be subject to the following conditions:
					(1)Not later than two calendar years after the date of the enactment of this Act, Escambia County
			 shall convey to Santa Rosa County all right, title, and interest held in
			 and to any portion of the property that was conveyed to Escambia County
			 under the Act and deed that fall in the jurisdictional boundaries of Santa
			 Rosa County, Florida. The conveyance by Escambia County to Santa Rosa
			 County shall be absolute and shall terminate any subjugation of Santa Rosa
			 County to Escambia County or any regulation of Santa Rosa County by
			 Escambia County. Santa Rosa County shall not be required to pay any sum
			 for the subject property other than actual costs associated with the
			 conveyance.
					(2)Santa Rosa County or any other person to which property is conveyed under this title may reconvey
			 property, or any portion of property, conveyed to it under this section.
					(3)For all properties defined under subsection (a) the leaseholders, or owners are free to pursue
			 incorporation, annexation, or any other governmental status so long as all
			 other legal conditions required for doing so are followed.
					(4)Each property defined under subsection (a) is under the jurisdiction of the county and any other
			 local government entity in which the property is located.
					(5)Any proceeds from the conveyance of any property defined under subsection (a) by Escambia County or
			 Santa Rosa County, other than direct and incidental costs associated with
			 such conveyance, shall be considered windfall profits and shall revert to
			 the United States.
					(6)Escambia County and Santa Rosa County shall in perpetuity preserve those areas on Santa Rosa Island
			 currently dedicated to conservation, preservation, public, recreation,
			 access and public parking in accordance with resolutions heretofore
			 adopted by the Board of County Commissioners of each respective county.
					(d)Determination of complianceEscambia County and Santa Rosa County shall have no deadline or requirement to make any conveyance
			 or reconveyance of any property defined under subsection (a) other than
			 the conveyance required under subsection (c)(1). Each county may establish
			 terms for conveyance or reconveyance, subject to the conditions set forth
			 in this title and applicable State law.
				IIAnchorage Land Conveyance Act
			201.Short titleThis title may be cited as the Anchorage Land Conveyance Act of 2014.
			202.DefinitionsIn this title:
				(1)CityThe term City means the city of Anchorage, Alaska.
				(2)Non-federal landThe term non-Federal land means certain parcels of land located in the City and owned by the City, which are more
			 particularly described as follows:
					(A)Block 42, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District,
			 State of Alaska, consisting of approximately 1.93 acres, commonly known as
			 the Egan Center, Petrovich Park, and Old City Hall.
					(B)Lots 9, 10, and 11, Block 66, Original Townsite of Anchorage, Anchorage Recording District, Third
			 Judicial District, State of Alaska, consisting of approximately 0.48
			 acres, commonly known as the parking lot at 7th Avenue and I Street.
					(C)Lot 13, Block 15, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial
			 District, State of Alaska, consisting of approximately 0.24 acres, an
			 unimproved vacant lot located at H Street and Christensen Drive.
					(3)SecretaryThe term Secretary means the Secretary of the Interior.
				203.Conveyance of reversionary interests, Anchorage, Alaska
				(a)In generalNotwithstanding any other provision of law, the Secretary shall convey to the City, without
			 consideration, the reversionary interests of the United States in and to
			 the non-Federal land for the purpose of unencumbering the title to the
			 non-Federal land to enable economic development of the non-Federal land.
				(b)Legal descriptionsAs soon as practicable after the date of enactment of this Act, the exact legal descriptions of the
			 non-Federal land shall be determined in a manner satisfactory to the
			 Secretary.
				(c)Additional terms and conditionsThe Secretary may require such additional terms and conditions to the conveyance under subsection
			 (a) as the Secretary considers appropriate to protect the interests of the
			 United States.
				(d)CostsThe City shall pay all costs associated with the conveyance under subsection (a), including the
			 costs of any surveys, recording costs, and other reasonable costs.
				IIIFernley Economic Self-Determination Act
			301.DefinitionsIn this title:
				(1)CityThe term City means the City of Fernley, Nevada.
				(2)Federal landThe term Federal land means the approximately 9,407 acres of land located in the City of Fernley, Nevada, that is
			 identified by the Secretary and the City for conveyance under this title.
				(3)MapThe term map means the map entitled Proposed Fernley, Nevada, Land Sales and dated January 25, 2013.
				302.Conveyance of certain Federal land to City of Fernley, Nevada
				(a)Conveyance authorizedSubject to valid existing rights and not later than 180 days after the date on which the Secretary
			 of the Interior receives an offer from the City to purchase the Federal
			 land depicted on the map, the Secretary, acting through the Bureau of Land
			 Management and the Bureau of Reclamation, shall convey, notwithstanding
			 the land use planning requirements of sections 202 and 203 of the Federal
			 Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), to the City in exchange for consideration in an amount equal to the fair market value of
			 the Federal land, all right, title, and interest of the United States in
			 and to such Federal land.
				(b)Appraisal To determine fair market valueThe Secretary shall determine the fair market value of the Federal land to be conveyed—
					(1)in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
					(2)based on an appraisal that is conducted in accordance with nationally recognized appraisal
			 standards, including—
						(A)the Uniform Appraisal Standards for Federal Land Acquisition; and
						(B)the Uniform Standards of Professional Appraisal Practice.
						(c)Availability of mapThe map shall be on file and available for public inspection in the appropriate offices of the
			 Bureau of Land Management.
				(d)Reservation of easements and rights-of-WayThe City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to
			 be conveyed, including easements or rights-of-way the Bureau of
			 Reclamation determines are necessary to carry out—
					(1)the operation and maintenance of the Truckee Canal; or
					(2)the Newlands Project.
					(e)CostsThe City shall, at closing for the conveyance authorized under subsection (a), pay or reimburse the
			 Secretary, as appropriate, for the reasonable transaction and
			 administrative personnel costs associated with the conveyance authorized
			 under such subsection, including the costs of appraisal, title searches,
			 maps, and boundary and cadastral surveys.
				(f)Conveyance not a major federal actionA conveyance or a combination of conveyances made under this section shall not be considered a
			 major Federal action for purposes of section 102(2) of the National
			 Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
				303.Release of United StatesUpon making the conveyance under section 302, notwithstanding any other provision of law, the
			 United States is released from any and all liabilities or claims of any
			 kind or nature arising from the presence, release, or threat of release of
			 any hazardous substance, pollutant, contaminant, petroleum product (or
			 derivative of a petroleum product of any kind), solid waste, mine
			 materials or mining related features (including tailings, overburden,
			 waste rock, mill remnants, pits, or other hazards resulting from the
			 presence of mining related features) on the Federal land in existence on
			 or before the date of the conveyance.
			304.WithdrawalSubject to valid existing rights, the Federal land to be conveyed under section 302 of this title
			 shall be withdrawn from all forms of—
				(1)entry, appropriation, or disposal under the public land laws;
				(2)location, entry, and patent under the mining laws; and
				(3)disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
				IVLand Disposal Transparency and Efficiency Act
			401.Prohibition on acquisition of land
				(a)Short titleThis title may be cited as the Land Disposal Transparency and Efficiency Act.
				(b)Prohibition on acquisition of landNo land or interests in land may be added by acquisition, donation, transfer of administrative
			 jurisdiction, or otherwise to the inventory of land and interests in land
			 administered by the Bureau of Land Management until a centralized database
			 of all lands identified as suitable for disposal by Resource Management
			 Plans for lands under the administrative jurisdiction of the Bureau is
			 easily accessible to the public on a website of the Bureau. The database
			 required under this subsection shall be updated and maintained to reflect
			 changes in the status of lands identified for disposal under the
			 administrative jurisdiction of the Bureau.
				(c)ReportNot later than 90 days after the date of the enactment of this Act, the Secretary of the Interior
			 shall provide to the Committee on Natural Resources in the House of
			 Representatives and the Committee on Energy and Natural Resources in the
			 Senate a report detailing the status and timing for completion of the
			 database required by subsection (b).
				VPreserving Access to Cape Hatteras National Seashore Recreational Area Act
			501.Short titleThis title may be cited as the Preserving Access to Cape Hatteras National Seashore Recreational Area Act.
			502.Reinstatement of Interim Management Strategy
				(a)ManagementAfter the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area
			 shall be managed in accordance with the Interim Protected Species
			 Management Strategy/Environmental Assessment issued by the National Park
			 Service on June 13, 2007, for the Cape Hatteras National Seashore
			 Recreational Area, North Carolina, unless the Secretary of the Interior
			 (hereafter in this title referred to as the Secretary) issues a new final rule that meets the requirements set forth in section 503.
				(b)RestrictionsThe Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular
			 access to any portion of Cape Hatteras National Seashore Recreational Area
			 for species protection beyond those in the Interim Management Strategy,
			 other than as specifically authorized pursuant to section 503 of this
			 title.
				503.Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species
			 protection
				(a)In generalIf, based on peer-reviewed science and after public comment, the Secretary determines that
			 additional restrictions on access to a portion of the Cape Hatteras
			 National Seashore Recreational Area are necessary to protect species
			 listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and
			 motorized vehicular access for recreational activities for the shortest
			 possible time and on the smallest possible portions of the Cape Hatteras
			 National Seashore Recreational Area.
				(b)Limitation on restrictionsRestrictions imposed under this section for protection of species listed as endangered under the
			 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be greater than the restrictions in effect for that species at any other National
			 Seashore.
				(c)Corridors around closuresTo the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of
			 minimal distance on the beach or interdunal area around closures
			 implemented under this section to allow access to areas not closed.
				504.Inapplicability of final rule and consent decree
				(a)Final ruleThe final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road
			 Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this
			 Act.
				(b)Consent decreeThe April 30, 2008, consent decree filed in the United States District Court for the Eastern
			 District of North Carolina regarding off-road vehicle use at Cape Hatteras
			 National Seashore in North Carolina shall not apply after the date of the
			 enactment of this Act.
				VIGreen Mountain Lookout Heritage Protection Act
			601.Short titleThis title may be cited as the Green Mountain Lookout Heritage Protection Act.
			602.Clarification of legal authority of Green Mountain Lookout
				(a)Legal authority of LookoutSection 4(b) of the Washington State Wilderness Act of 1984 (Public Law 98–339; 98 Stat. 300; 16 U.S.C. 1131 note) is amended by striking the period at the end and inserting the following: , and except that with respect to the lands described in section 3(5), the designation of such
			 lands as a wilderness area shall not preclude the operation and
			 maintenance of Green Mountain Lookout..
				(b)Effective dateThe amendments made by this section shall take effect as if included in the enactment of the
			 Washington State Wilderness Act of 1984.
				603.Preservation of Green Mountain Lookout locationThe Secretary of Agriculture, acting through the Chief of the Forest Service, may not move Green
			 Mountain Lookout from its current location on Green Mountain in the Mount
			 Baker-Snoqualmie National Forest unless the Secretary determines that
			 moving Green Mountain Lookout is necessary to preserve the Lookout or to
			 ensure the safety of individuals on or around Green Mountain. If the
			 Secretary makes such a determination, the Secretary shall move the Green
			 Mountain Lookout to a location outside of the lands described in section
			 3(5) of the Washington State Wilderness Act of 1984 and designated as a
			 wilderness area in section 4(b) of such Act.
			VIIRiver Paddling Protection Act
			701.Short TitleThis title may be cited as the River Paddling Protection Act.
			702.Regulations Superseded
				(a)In generalThe rivers and streams of Yellowstone National Park and Grand Teton National Park shall be open to
			 hand-propelled vessels as determined by the director of the National Park
			 Service within 3 years of the date of enactment of this Act. Beginning on
			 the date that is 3 years after the date of enactment of this Act, the
			 following regulations shall have no the force or effect regarding closing
			 rivers and streams of Yellowstone National Park and Grand Teton National
			 Park to hand-propelled vessels:
					(1)Section 7.13(d)(4)(ii) of title 36, Code of Federal Regulations, regarding vessels on streams and rivers in Yellowstone
			 National Park.
					(2)Section 7.22(e)(3) of title 36, Code of Federal Regulations, regarding vessels on lakes and rivers in Grand Teton
			 National Park.
					(b)Coordination of recreational useThe Fish and Wildlife Service shall coordinate any recreational use of hand-propelled vessels on
			 the Gros Ventre River within the National Elk Refuge with Grand Teton
			 National Park to ensure such use is consistent with the requirements of
			 the National Wildlife Refuge Administration Act.
				VIIIGrazing Improvement Act
			801.Short titleThis title may be cited as the Grazing Improvement Act.
			802.Terms of grazing permits and leasesSection 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended—
				(1)by striking ten years each place it appears and inserting 20 years; and
				(2)after subsection (h), insert the following new subsections:

						(i)Only applicants, permittees and lessees whose interest in grazing livestock is directly affected by
			 a final grazing decision concerning renewal, transfer or reissuance of a
			 grazing permit or lease may appeal the decision to an administrative law
			 judge or appeal officer as applicable.
						(j)Legal fees
							(1)Any person, other than a directly affected party, challenging an action of the Secretary concerned
			 regarding a final grazing decision in Federal court who is not a
			 prevailing party shall pay to the prevailing parties (including a directly
			 affected party who intervenes in such suit) fees and other expenses
			 incurred by that party in connection with the challenge unless the Court
			 finds that the position of the person was substantially justified.
							(2)For purposes of this subsection, the term “directly affected party” means any applicant, permittee,
			 or lessee (or any organization representing applicants, permittees or
			 lessees) whose interest in grazing livestock is directly affected by the
			 final grazing decision..
				803.Renewal, transfer, and reissuance of grazing permits and leases
				(a)AmendmentTitle IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following:

						405.Renewal, transfer, and reissuance of grazing permits and leases
							(a)DefinitionsIn this section:
								(1)Current grazing managementThe term current grazing management means grazing in accordance with the terms and conditions of an existing permit or lease.
								(2)Secretary concernedThe term Secretary concerned means—
									(A)the Secretary of Agriculture, with respect to National Forest System land; and
									(B)the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the
			 Interior.
									(b)Renewal, Transfer, reissuance, and pending processingA grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by
			 the Secretary of Agriculture regarding National Forest System land, that
			 expires, is transferred, or is waived shall be renewed or reissued under,
			 as appropriate—
								(1)section 402;
								(2)section 19 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580l);
								(3)title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or
								(4)section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–50).
								(c)Terms; conditionsThe terms and conditions (except the termination date) contained in an expired, transferred, or
			 waived permit or lease described in subsection (b) shall continue in
			 effect under a renewed or reissued permit or lease until the date on which
			 the Secretary concerned completes the processing of the renewed or
			 reissued permit or lease that is the subject of the expired, transferred,
			 or waived permit or lease, in compliance with each applicable law.
							(d)Cancellation; suspension; modificationNotwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled,
			 suspended, or modified in accordance with applicable law.
							(e)Renewal transfer reissuance after processingWhen the Secretary concerned has completed the processing of the renewed or reissued permit or
			 lease that is the subject of the expired, transferred, or waived permit or
			 lease, the Secretary concerned shall renew or reissue the permit or lease
			 for a term of 20 years after completion of processing.
							(f)Compliance with National Environmental Policy Act of 1969The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall
			 be categorically excluded from the requirement to prepare an environmental
			 assessment or an environmental impact statement if—
								(1)the decision continues to renew, reissue, or transfer the current grazing management of the
			 allotment;
								(2)monitoring of the allotment has indicated that the current grazing management has met, or has
			 satisfactorily progressed towards meeting, objectives contained in the
			 applicable land use or resource management plan of the allotment, as
			 determined by the Secretary concerned; or
								(3)the decision is consistent with the policy of the Department of the Interior or the Department of
			 Agriculture, as appropriate, regarding extraordinary circumstances.
								(g)Environmental reviews
								(1)The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the
			 priority and timing for completing required environmental reviews
			 regarding any grazing allotment, permit, or lease based on the
			 environmental significance of the allotment, permit, or lease and
			 available funding for that purpose.
								(2)The Secretary concerned shall seek to conduct environmental reviews on an allotment or multiple
			 allotment basis, to the extent practicable, for purposes of compliance
			 with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws.
								(h)NEPA exemptionsThe National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:
								(1)Crossing and trailing authorizations of domestic livestock.
								(2)Transfer of grazing preference.
								(3)Range improvements as defined under 43 U.S.C. 315c and 16 U.S.C. 580h.
								(i)Temporary trailing and crossing
								(1)Any application for temporary trailing or crossing that has been submitted in a timely manner or
			 not less than 30 days prior to the anticipated trailing or crossing shall
			 be granted, modified or denied not less than fifteen days prior to the
			 date of requested crossing or trailing. The minimum times specified in
			 this subsection shall not preclude the approval of an application in a
			 shorter time where an immediate need exists.
								(2)Temporary trailing or crossing authorizations across lands administered by the Bureau of Land
			 Management or the Forest Service system of lands shall not be subject to
			 protest or appeal except by the applicant or an affected permittee or
			 lessee..
				(b)Table of contentsThe table of contents for the Federal Land Policy and Management Act of 1976 is amended by adding
			 after the item for section 404, the following:

							Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases..
				IXRim Fire Emergency Salvage Act
			901.Short titleThis title may be cited as the Rim Fire Emergency Salvage Act.
			902.Expedited Forest Service timber salvage and restoration pilot projects in response to the
			 California Rim Fire
				(a)Pilot projects requiredAs part of the restoration and rehabilitation activities undertaken on the lands within the
			 Stanislaus National Forest adversely impacted by the 2013 Rim Fire in
			 California, the Secretary of Agriculture shall conduct a timber salvage
			 and restoration pilot project on burned National Forest System land within
			 the Rim Fire perimeter.
				(b)Management plan
					(1)Use of EIS proposed alternativeThe Secretary of Agriculture shall conduct the pilot project required by subsection (a) in the
			 manner provided in the proposed alternative contained in the draft
			 environmental impact statement noticed in the Federal Register on December
			 6, 2013, for Rim Fire recovery.
					(2)ModificationDuring the course of the pilot project, the Secretary may adopt such modifications to the
			 management plan as the Secretary considers appropriate in response to
			 public comment and consultation with interested Federal, State, and tribal
			 agencies.
					(c)Legal sufficiencyThe pilot project required by subsection (a), and activities conducted under the pilot project, are
			 deemed to be in compliance with the National Environmental Policy Act of
			 1969 (42 U.S.C. 4321 et seq.), section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
				(d)Administrative and judicial review and actionThe pilot project required by subsection (a), and activities conducted under the pilot project, are
			 not subject to—
					(1)administrative review;
					(2)judicial review by any court of the United States; or
					(3)a temporary restraining order or preliminary injunction based on environmental impacts in a case
			 for which a final decision has not been issued.
					903.Sense of Congress regarding use of funds generated from salvage sales conducted after catastrophic
			 wild fires on National Forest System land or Bureau of Land Management
			 landsIt is the sense of Congress that the Secretary of Agriculture, with respect to National Forest
			 System lands, and the Secretary of the Interior, with respect to Bureau of
			 Land Management land, should use existing authorities available to the
			 Secretary to retain revenues (other than revenues required to be deposited
			 in the general fund of the Treasury) generated by salvage sales conducted
			 in response to catastrophic wild fires on such land to cover the cost of
			 restoration projects on such land.
			XChesapeake Bay Accountability and Recovery Act
			1001.Short titleThis title may be cited as the Chesapeake Bay Accountability and Recovery Act of 2014.
			1002.Chesapeake Bay Crosscut Budget
				(a)Crosscut BudgetThe Director, in consultation with the Chesapeake Executive Council, the chief executive of each
			 Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to
			 Congress a financial report containing—
					(1)an interagency crosscut budget that displays—
						(A)the proposed funding for any Federal restoration activity to be carried out in the succeeding
			 fiscal year, including any planned interagency or intra-agency transfer,
			 for each of the Federal agencies that carry out restoration activities;
						(B)to the extent that information is available, the estimated funding for any State restoration
			 activity to be carried out in the succeeding fiscal year;
						(C)all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current
			 fiscal year, and the succeeding fiscal year; and
						(D)all expenditures, to the extent that information is available, for State restoration activities
			 during the equivalent time period described in subparagraph (C);
						(2)a detailed accounting of all funds received and obligated by all Federal agencies for restoration
			 activities during the current and preceding fiscal years, including the
			 identification of funds which were transferred to a Chesapeake Bay State
			 for restoration activities;
					(3)to the extent that information is available, a detailed accounting from each State of all funds
			 received and obligated from a Federal agency for restoration activities
			 during the current and preceding fiscal years; and
					(4)a description of each of the proposed Federal and State restoration activities to be carried out in
			 the succeeding fiscal year (corresponding to those activities listed in
			 subparagraphs (A) and (B) of paragraph (1)), including the—
						(A)project description;
						(B)current status of the project;
						(C)Federal or State statutory or regulatory authority, programs, or responsible agencies;
						(D)authorization level for appropriations;
						(E)project timeline, including benchmarks;
						(F)references to project documents;
						(G)descriptions of risks and uncertainties of project implementation;
						(H)adaptive management actions or framework;
						(I)coordinating entities;
						(J)funding history;
						(K)cost sharing; and
						(L)alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and
			 priorities.
						(b)Minimum funding levelsThe Director shall only describe restoration activities in the report required under subsection (a) that—
					(1)for Federal restoration activities, have funding amounts greater than or equal to $100,000; and
					(2)for State restoration activities, have funding amounts greater than or equal to $50,000.
					(c)DeadlineThe Director shall submit to Congress the report required by subsection (a) not later than 30 days after the submission by the President of the President’s annual budget to
			 Congress.
				(d)ReportCopies of the financial report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce,
			 and Transportation and Infrastructure of the House of Representatives and
			 the Committees on Appropriations, Environment and Public Works, and
			 Commerce, Science, and Transportation of the Senate.
				(e)Effective DateThis section shall apply beginning with the first fiscal year after the date of enactment of this
			 Act for which the President submits a budget to Congress.
				1003.Restoration through adaptive management
				(a)In generalNot later than 1 year after the date of enactment of this Act, the Administrator, in consultation
			 with other Federal and State agencies, and with the participation of
			 stakeholders, shall develop a plan to provide technical and financial
			 assistance to Chesapeake Bay States to employ adaptive management in
			 carrying out restoration activities in the Chesapeake Bay watershed.
				(b)Plan developmentThe plan referred to in subsection (a) shall include—
					(1)specific and measurable objectives to improve water quality, habitat, and fisheries identified by
			 Chesapeake Bay States;
					(2)a process for stakeholder participation;
					(3)monitoring, modeling, experimentation, and other research and evaluation technical assistance
			 requested by Chesapeake Bay States;
					(4)identification of State restoration activities planned by Chesapeake Bay States to attain the
			 State’s objectives under paragraph (1);
					(5)identification of Federal restoration activities that could help a Chesapeake Bay State to attain
			 the State’s objectives under paragraph (1);
					(6)recommendations for a process for modification of State and Federal restoration activities that
			 have not attained or will not attain the specific and measurable
			 objectives set forth under paragraph (1); and
					(7)recommendations for a process for integrating and prioritizing State and Federal restoration
			 activities and programs to which adaptive management can be applied.
					(c)ImplementationIn addition to carrying out Federal restoration activities under existing authorities and funding,
			 the Administrator shall implement the plan developed under subsection (a)
			 by providing technical and financial assistance to Chesapeake Bay States
			 using resources available for such purposes that are identified by the
			 Director under section 1002.
				(d)UpdatesThe Administrator shall update the plan developed under subsection (a) every 2 years.
				(e)Report to Congress
					(1)In generalNot later than 60 days after the end of a fiscal year, the Administrator shall transmit to Congress
			 an annual report on the implementation of the plan required under this
			 section for such fiscal year.
					(2)ContentsThe report required under paragraph (1) shall contain information about the application of adaptive
			 management to restoration activities and programs, including level changes
			 implemented through the process of adaptive management.
					(3)Effective dateParagraph (1) shall apply to the first fiscal year that begins after the date of enactment of this
			 Act.
					(f)Inclusion of plan in annual action plan and annual progress reportThe Administrator shall ensure that the Annual Action Plan and Annual Progress Report required by
			 section 205 of Executive Order No. 13508 includes the adaptive management
			 plan outlined in subsection (a).
				1004.Independent Evaluator for the Chesapeake Bay Program
				(a)In generalThere shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed,
			 who shall review and report on restoration activities and the use of
			 adaptive management in restoration activities, including on such related
			 topics as are suggested by the Chesapeake Executive Council.
				(b)Appointment
					(1)In generalThe Independent Evaluator shall be appointed by the Administrator from among nominees submitted by
			 the Chesapeake Executive Council.
					(2)NominationsThe Chesapeake Executive Council may submit to the Administrator 4 nominees for appointment to any
			 vacancy in the office of the Independent Evaluator.
					(c)ReportsThe Independent Evaluator shall submit a report to the Congress every 2 years in the findings and
			 recommendations of reviews under this section.
				(d)Chesapeake Executive CouncilIn this section, the term Chesapeake Executive Council has the meaning given that term by section 307 of the National Oceanic and Atmospheric
			 Administration Authorization Act of 1992 (Public Law 102–567; 15 U.S.C. 1511d).
				1005.DefinitionsIn this title, the following definitions apply:
				(1)Adaptive managementThe term adaptive management means a type of natural resource management in which project and program decisions are made as
			 part of an ongoing science-based process. Adaptive management involves
			 testing, monitoring, and evaluating applied strategies and incorporating
			 new knowledge into programs and restoration activities that are based on
			 scientific findings and the needs of society. Results are used to modify
			 management policy, strategies, practices, programs, and restoration
			 activities.
				(2)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
				(3)Chesapeake Bay StateThe term Chesapeake Bay State or State means the States of Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia
			 and Pennsylvania, and the District of Columbia.
				(4)Chesapeake Bay WatershedThe term Chesapeake Bay watershed means the Chesapeake Bay and the geographic area, as determined by the Secretary of the Interior,
			 consisting of 36 tributary basins, within the Chesapeake Bay States,
			 through which precipitation drains into the Chesapeake Bay.
				(5)Chief ExecutiveThe term chief executive means, in the case of a State or Commonwealth, the Governor of each such State or Commonwealth
			 and, in the case of the District of Columbia, the Mayor of the District of
			 Columbia.
				(6)DirectorThe term Director means the Director of the Office of Management and Budget.
				(7)State restoration activitiesThe term State restoration activities means any State programs or projects carried out under State authority that directly or indirectly
			 protect, conserve, or restore living resources, habitat, water resources,
			 or water quality in the Chesapeake Bay watershed, including programs or
			 projects that promote responsible land use, stewardship, and community
			 engagement in the Chesapeake Bay watershed. Restoration activities may be
			 categorized as follows:
					(A)Physical restoration.
					(B)Planning.
					(C)Feasibility studies.
					(D)Scientific research.
					(E)Monitoring.
					(F)Education.
					(G)Infrastructure development.
					(8)Federal restoration activitiesThe term Federal restoration activities means any Federal programs or projects carried out under existing Federal authority that directly
			 or indirectly protect, conserve, or restore living resources, habitat,
			 water resources, or water quality in the Chesapeake Bay watershed,
			 including programs or projects that provide financial and technical
			 assistance to promote responsible land use, stewardship, and community
			 engagement in the Chesapeake Bay watershed. Restoration activities may be
			 categorized as follows:
					(A)Physical restoration.
					(B)Planning.
					(C)Feasibility studies.
					(D)Scientific research.
					(E)Monitoring.
					(F)Education.
					(G)Infrastructure development.
					XIAlaska Native Veteran Allotment
			1101.Alaska Native Veteran Allotment
				(a)DefinitionsIn this section:
					(1)ApplicationThe term application means the Alaska Native Veteran Allotment application numbered AA–084021–B.
					(2)Federal landThe term Federal land means the 80 acres of Federal land that is—
						(A)described in the application; and
						(B)depicted as Lot 2 in U.S. Survey No. 13957, Alaska, that was officially filed on October 9, 2009.
						(3)SecretaryThe term Secretary means the Secretary of the Interior.
					(b) Issuance of patentNotwithstanding section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g) and subject to subsection (c), the Secretary shall—
					(1)approve the application; and
					(2)issue a patent for the Federal land to the person that submitted the application.
					(c)Terms and Conditions
					(1)In generalThe patent issued under subsection (b) shall—
						(A)only be for the surface rights to the Federal land; and
						(B)be subject to the terms and conditions of any certificate issued under section 41 of the Alaska
			 Native Claims Settlement Act (43 U.S.C. 1629g), including terms and conditions providing that—
							(i)the patent is subject to valid existing rights, including any right of the United States to income
			 derived, directly or indirectly, from a lease, license, permit,
			 right-of-way, or easement on the Federal land; and
							(ii)the United States shall reserve an interest in deposits of oil, gas, and coal on the Federal land,
			 including the right to explore, mine, and remove the minerals on portions
			 of the Federal land that the Secretary determines to be prospectively
			 valuable for development.
							(2)Additional terms and conditionsThe Secretary may require any additional terms and conditions for the issuance of the patent under
			 subsection (a) that the Secretary determines to be appropriate to protect
			 the interests of the United States.

	Passed the House of Representatives February 6, 2014.Karen L. Haas,Clerk


115 S1249 IS: Florida Federal Judicial Relief Act
U.S. Senate
2017-05-25
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.

II115th CONGRESS1st SessionS. 1249IN THE SENATE OF THE UNITED STATESMay 25, 2017Mr. Rubio (for himself and Mr. Nelson) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo authorize additional district court judgeships for the northern, middle, and southern districts
			 of Florida.

		1.Short
 titleThis Act may be cited as the Florida Federal Judicial Relief Act.
		2.District judges
			 for the district courts
 (a)Additional judgeshipsThe President shall appoint, by and with the advice and consent of the Senate— (1)6 additional district judges for the middle district of Florida;
 (2)1 additional district judge for the northern district of Florida; and (3)3 additional district judges for the southern district of Florida.
 (b)Conversion of temporary judgeshipsThe existing judgeship for the southern district of Florida authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 133 note), as of the date of enactment of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbent in that office shall hold the office under section 133 of title 28, United States Code, as amended by this Act.
 (c)Technical and conforming amendmentsThe table contained in section 133(a) of title 28, United States Code, is amended by striking the items relating to Florida and inserting the following:
				Florida:Northern5Middle21Southern21.