		II
		110th CONGRESS
		2d Session
		S. 3322
		IN THE SENATE OF THE UNITED
		  STATES

			July 23, 2008
			Mr. Grassley (for
			 himself, Mr. Harkin,
			 Mr. Roberts, Mr. Durbin, Mr.
			 Coleman, Mr. Bond,
			 Mr. Brownback, Mr. Bayh, Mrs.
			 McCaskill, Ms. Klobuchar,
			 Mr. Obama, and Mr. Lugar) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Finance

		A BILL
		To provide tax relief for the victims of
		  severe storms, tornados, and flooding in the Midwest, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Midwestern Disaster Tax Relief Act of
			 2008.
		2.Temporary tax relief for areas damaged by
			 2008 Midwestern severe storms, tornados, and flooding
			(a)In generalSubject to the modifications described in
			 this section, the following provisions of or relating to the Internal Revenue
			 Code of 1986 shall apply to any Midwestern disaster area in addition to the
			 areas to which such provisions otherwise apply:
				(1)Go Zone benefits
					(A)Section 1400N (relating to tax benefits)
			 other than subsections (b), (i), (j), (m), and (o) thereof.
					(B)Section 1400O (relating to education tax
			 benefits).
					(C)Section 1400P (relating to housing tax
			 benefits).
					(D)Section 1400Q (relating to special rules
			 for use of retirement funds).
					(E)Section 1400R(a) (relating to employee
			 retention credit for employers).
					(F)Section 1400S (relating to additional tax
			 relief) other than subsection (d) thereof.
					(G)Section 1400T (relating to special rules
			 for mortgage revenue bonds).
					(2)Other benefits included in Katrina
			 Emergency Tax Relief Act of 2005Sections 302, 303, 304, 401, and 405 of the
			 Katrina Emergency Tax Relief Act of 2005.
				(b)Use of amended income tax returns To take
			 into account receipt of certain casualty loss grants by disallowing previously
			 taken casualty loss deductions
				(1)In generalNotwithstanding any other provision of the
			 Internal Revenue Code of 1986, if a taxpayer claims a deduction for any taxable
			 year with respect to a casualty loss to a principal residence (within the
			 meaning of section 121 of such Code) resulting from the severe storms,
			 tornados, or flooding giving rise to any Presidential declaration described in
			 subsection (c)(1)(A) and in a subsequent taxable year receives a grant under
			 any Federal or State program as reimbursement for such loss, such taxpayer may
			 elect to file an amended income tax return for the taxable year in which such
			 deduction was allowed (and for any taxable year to which such deduction is
			 carried) and reduce (but not below zero) the amount of such deduction by the
			 amount of such reimbursement.
				(2)Time of filing amended returnParagraph (1) shall apply with respect to
			 any grant only if any amended income tax returns with respect to such grant are
			 filed not later than the later of—
					(A)the due date for filing the tax return for
			 the taxable year in which the taxpayer receives such grant, or
					(B)the date which is 1 year after the date of
			 the enactment of this Act.
					(3)Waiver of penalties and
			 interestAny underpayment of
			 tax resulting from the reduction under paragraph (1) of the amount otherwise
			 allowable as a deduction shall not be subject to any penalty or interest under
			 such Code if such tax is paid not later than 1 year after the filing of the
			 amended return to which such reduction relates.
				(c)Midwestern disaster area
				(1)In generalFor purposes of this section and for
			 applying the substitutions described in subsections (e) and (f), the term
			 Midwestern disaster area means an area—
					(A)with respect to which a major disaster has
			 been declared by the President on or after May 20, 2008, and before August 1,
			 2008, under section 401 of the Robert T. Stafford Disaster Relief and Emergency
			 Assistance Act by reason of severe storms, tornados, or flooding occurring in
			 any of the States of Arkansas, Illinois, Indiana, Iowa, Kansas, Michigan,
			 Minnesota, Missouri, Nebraska, and Wisconsin, and
					(B)determined by the President to warrant
			 individual or individual and public assistance from the Federal Government
			 under such Act with respect to damages attributable to such severe storms,
			 tornados, or flooding.
					(2)Certain benefits available to areas
			 eligible only for public assistanceFor purposes of applying this section to
			 benefits under the following provisions, paragraph (1) shall be applied without
			 regard to subparagraph (B):
					(A)Sections 1400Q, 1400S(b), and 1400S(d) of
			 the Internal Revenue Code of 1986.
					(B)Sections 302, 401, and 405 of the Katrina
			 Emergency Tax Relief Act of 2005.
					(d)References
				(1)AreaAny reference in such provisions to the
			 Hurricane Katrina disaster area or the Gulf Opportunity Zone shall be treated
			 as a reference to any Midwestern disaster area and any reference to the
			 Hurricane Katrina disaster area or the Gulf Opportunity Zone within a State
			 shall be treated as a reference to all Midwestern disaster areas within the
			 State.
				(2)Items attributable to
			 disasterAny reference in
			 such provisions to any loss, damage, or other item attributable to Hurricane
			 Katrina shall be treated as a reference to any loss, damage, or other item
			 attributable to the severe storms, tornados, or flooding giving rise to any
			 Presidential declaration described in subsection (c)(1)(A).
				(3)Applicable disaster dateFor purposes of applying the substitutions
			 described in subsections (e) and (f), the term applicable disaster
			 date means, with respect to any Midwestern disaster area, the date on
			 which the severe storms, tornados, or flooding giving rise to the Presidential
			 declaration described in subsection (c)(1)(A) occurred.
				(e)Modifications to 1986 CodeThe following provisions of the Internal
			 Revenue Code of 1986 shall be applied with the following modifications:
				(1)Tax-exempt bond financingSection 1400N(a)—
					(A)by substituting qualified Midwestern
			 disaster area bond for qualified Gulf Opportunity Zone
			 Bond each place it appears, except that in determining whether a bond
			 is a qualified Midwestern disaster area bond—
						(i)paragraph (2)(A)(i) shall be applied by
			 only treating costs as qualified project costs if—
							(I)in the case of a project involving a
			 private business use (as defined in section 141(b)(6)), either the person using
			 the property suffered a loss in a trade or business attributable to the severe
			 storms, tornados, or flooding giving rise to any Presidential declaration
			 described in subsection (c)(1)(A) or is a person designated for purposes of
			 this section by the Governor of the State in which the project is located as a
			 person carrying on a trade or business replacing a trade or business with
			 respect to which another person suffered such a loss, and
							(II)in the case of a project relating to public
			 utility property, the project involves repair or reconstruction of public
			 utility property damaged by such severe storms, tornados, or flooding,
			 and
							(ii)paragraph (2)(A)(ii) shall be applied by
			 treating an issue as a qualified mortgage issue only if 95 percent or more of
			 the net proceeds (as defined in section 150(a)(3)) of the issue are to be used
			 to provide financing for mortgagors who suffered damages to their principal
			 residences attributable to such severe storms, tornados, or flooding.
						(B)by substituting any State in which a
			 Midwestern disaster area is located for the State of Alabama,
			 Louisiana, or Mississippi in paragraph (2)(B),
					(C)by substituting designated for
			 purposes of this section (on the basis of providing assistance to areas in the
			 order in which such assistance is most needed) for designated
			 for purposes of this section in paragraph (2)(C),
					(D)by substituting January 1,
			 2013 for January 1, 2011 in paragraph (2)(D),
					(E)in paragraph (3)(A)—
						(i)by substituting $1,000 for
			 $2,500, and
						(ii)by substituting before the earliest
			 applicable disaster date for Midwestern disaster areas within the State
			 for before August 28, 2005,
						(F)by substituting qualified Midwestern
			 disaster area repair or construction for qualified GO Zone
			 repair or construction each place it appears, and
					(G)by substituting after the date of
			 the enactment of the Housing and Economic Recovery Act of 2008 and before
			 January 1, 2013 for after the date of the enactment of this
			 paragraph and before January 1, 2011 in paragraph (7)(C).
					(2)Low-income housing creditSection 1400N(c)—
					(A)only with respect to calendar years 2009,
			 2010, and 2011,
					(B)by substituting Disaster Recovery
			 Assistance housing amount for Gulf Opportunity housing
			 amount,
					(C)in paragraph (1)(B)—
						(i)by substituting $4.00 for
			 $18.00, and
						(ii)by substituting before the earliest
			 applicable disaster date for Midwestern disaster areas within the State
			 for before August 28, 2005 , and
						(D)determined without regard to paragraphs
			 (2), (3), (4), (5), and (6) thereof.
					(3)Special allowance for certain property
			 acquired on or after the applicable disaster dateSection 1400N(d)—
					(A)by substituting qualified Disaster
			 Recovery Assistance property for qualified Gulf Opportunity Zone
			 property each place it appears, except that a taxpayer shall be allowed
			 additional bonus depreciation and expensing under such subsection or section
			 1400N(e) with respect to such property only if—
						(i)the taxpayer suffered an economic loss
			 attributable to the severe storms, tornados, or flooding giving rise to any
			 Presidential declaration described in subsection (c)(1)(A), and
						(ii)such property—
							(I)rehabilitates property damaged, or replaces
			 property destroyed or condemned, as a result of such severe storms, tornados,
			 or flooding, except that, for purposes of this clause, property shall be
			 treated as replacing property destroyed or condemned if, as part of an
			 integrated plan, such property replaces property which is included in a
			 continuous area which includes real property destroyed or condemned, and
							(II)is similar in nature to, and located in the
			 same county as, the property being rehabilitated or replaced,
							(B)by substituting the applicable
			 disaster date for August 28, 2005 each place it
			 appears,
					(C)by substituting December 31,
			 2011 for December 31, 2007 in paragraph
			 (2)(A)(v),
					(D)by substituting December 31,
			 2012 for December 31, 2008 in paragraph
			 (2)(A)(v),
					(E)by substituting the day before the
			 applicable disaster date for August 27, 2005 in
			 paragraph (3)(A),
					(F)determined without regard to paragraph (6)
			 thereof, and
					(G)by not including as qualified Disaster
			 Recovery Assistance property any property to which section 168(k)
			 applies.
					(4)Increase in expensing under section
			 179Section 1400N(e), by substituting
			 qualified section 179 Disaster Recovery Assistance property for
			 qualified section 179 Gulf Opportunity Zone property each place
			 it appears.
				(5)Expensing for certain demolition and
			 clean-up costsSection
			 1400N(f)—
					(A)by substituting qualified Disaster
			 Recovery Assistance clean-up cost for qualified Gulf Opportunity
			 Zone clean-up cost each place it appears,
					(B)by substituting beginning on the
			 applicable disaster date and ending on December 31, 2010 for
			 beginning on August 28, 2005, and ending on December 31, 2007 in
			 paragraph (2), and
					(C)by treating costs as qualified Disaster
			 Recovery Assistance clean-up costs only if the removal of debris or demolition
			 of any structure was necessary due to damage attributable to the severe storms,
			 tornados, or flooding giving rise to any Presidential declaration described in
			 subsection (c)(1)(A).
					(6)Extension of expensing for environmental
			 remediation costsSection
			 1400N(g)—
					(A)by substituting the applicable
			 disaster date for August 28, 2005 each place it
			 appears,
					(B)by substituting January 1,
			 2011 for January 1, 2008 in paragraph (1),
					(C)by substituting December 31,
			 2010 for December 31, 2007 in paragraph (1), and
					(D)by treating a site as a qualified
			 contaminated site only if the release (or threat of release) or disposal of a
			 hazardous substance at the site was attributable to the severe storms,
			 tornados, or flooding giving rise to any Presidential declaration described in
			 subsection (c)(1)(A).
					(7)Increase in rehabilitation
			 creditSection
			 1400N(h)—
					(A)by substituting the applicable
			 disaster date for August 28, 2005,
					(B)by substituting January 1,
			 2011 for January 1, 2008 in paragraph (1), and
					(C)by only applying such subsection to
			 qualified rehabilitation expenditures with respect to any building or structure
			 which was damaged or destroyed as a result of the severe storms, tornados, or
			 flooding giving rise to any Presidential declaration described in subsection
			 (c)(1)(A).
					(8)Treatment of net operating losses
			 attributable to disaster lossesSection 1400N(k)—
					(A)by substituting qualified Disaster
			 Recovery Assistance loss for qualified Gulf Opportunity Zone
			 loss each place it appears,
					(B)by substituting after the day before
			 the applicable disaster date, and before January 1, 2011 for
			 after August 27, 2005, and before January 1, 2008 each place it
			 appears,
					(C)by substituting the applicable
			 disaster date for August 28, 2005 in paragraph
			 (2)(B)(ii)(I),
					(D)by substituting qualified Disaster
			 Recovery Assistance property for qualified Gulf Opportunity Zone
			 property in paragraph (2)(B)(iv), and
					(E)by substituting qualified Disaster
			 Recovery Assistance casualty loss for qualified Gulf Opportunity
			 Zone casualty loss each place it appears.
					(9)Credit to holders of tax credit
			 bondsSection
			 1400N(l)—
					(A)by substituting Midwestern tax
			 credit bond for Gulf tax credit bond each place it
			 appears,
					(B)by substituting any State in which a
			 Midwestern disaster area is located for the State of Alabama,
			 Louisiana, or Mississippi in paragraph (4)(A)(i),
					(C)by substituting after December 31,
			 2008 and before January 1, 2010 for after December 31, 2005, and
			 before January 1, 2007,
					(D)by substituting shall not exceed
			 $100,000,000 for any State with an aggregate population located in all
			 Midwestern disaster areas within the State of at least 2,000,000, $50,000,000
			 for any State with an aggregate population located in all Midwestern disaster
			 areas within the State of at least 1,000,000 but less than 2,000,000, and zero
			 for any other State. The population of a State within any area shall be
			 determined on the basis of the most recent census estimate of resident
			 population released by the Bureau of Census before the earliest applicable
			 disaster date for Midwestern disaster areas within the State. for
			 shall not exceed and all that follows in paragraph (4)(C),
			 and
					(E)by substituting the earliest
			 applicable disaster date for Midwestern disaster areas within the State
			 for August 28, 2005 in paragraph (5)(A).
					(10)Education tax benefitsSection 1400O, by substituting 2008
			 or 2009 for 2005 or 2006.
				(11)Housing tax benefitsSection 1400P, by substituting the
			 applicable disaster date for August 28, 2005 in
			 subsection (c)(1).
				(12)Special rules for use of retirement
			 fundsSection 1400Q—
					(A)by substituting qualified Disaster
			 Recovery Assistance distribution for qualified hurricane
			 distribution each place it appears,
					(B)by substituting on or after the
			 applicable disaster date and before January 1, 2010 for on or
			 after August 25, 2005, and before January 1, 2007 in subsection
			 (a)(4)(A)(i),
					(C)by substituting the applicable
			 disaster date for August 28, 2005 in subsections
			 (a)(4)(A)(i) and (c)(3)(B),
					(D)by disregarding clauses (ii) and (iii) of
			 subsection (a)(4)(A) thereof,
					(E)by substituting qualified storm
			 damage distribution for qualified Katrina distribution
			 each place it appears,
					(F)by substituting after the date which
			 is 6 months before the applicable disaster date and before the date which is
			 the day after the applicable disaster date for after February
			 28, 2005, and before August 29, 2005 in subsection
			 (b)(2)(B)(ii),
					(G)by substituting the Midwestern
			 disaster area, but not so purchased or constructed on account of severe storms,
			 tornados, or flooding giving rise to the designation of the area as a disaster
			 area for the Hurricane Katrina disaster area, but not so
			 purchased or constructed on account of Hurricane Katrina in subsection
			 (b)(2)(B)(iii),
					(H)by substituting beginning on the
			 applicable disaster date and ending on the date which is 5 months after the
			 date of the enactment of the Housing and Economic Recovery Act of 2008
			 for beginning on August 25, 2005, and ending on February 28,
			 2006 in subsection (b)(3)(A),
					(I)by substituting qualified storm
			 damage individual for qualified Hurricane Katrina
			 individual each place it appears,
					(J)by substituting December 31,
			 2009 for December 31, 2006 in subsection
			 (c)(2)(A),
					(K)by substituting beginning on the
			 date of the enactment of the Housing and Economic Recovery Act of 2008 and
			 ending on December 31, 2009 for beginning on September 24, 2005,
			 and ending on December 31, 2006 in subsection (c)(4)(A)(i),
					(L)by substituting the applicable
			 disaster date for August 25, 2005 in subsection
			 (c)(4)(A)(ii), and
					(M)by substituting January 1,
			 2010 for January 1, 2007 in subsection
			 (d)(2)(A)(ii).
					(13)Employee retention credit for employers
			 affected by severe storms, tornados, and floodingSection 1400R(a)—
					(A)by substituting the applicable
			 disaster date for August 28, 2005 each place it
			 appears,
					(B)by substituting January 1,
			 2009 for January 1, 2006 both places it appears,
			 and
					(C)only with respect to eligible employers who
			 employed an average of not more than 200 employees on business days during the
			 taxable year before the applicable disaster date.
					(14)Temporary suspension of limitations on
			 charitable contributionsSection 1400S(a), by substituting the
			 following paragraph for paragraph (4) thereof:

						(4)Qualified contributions
							(A)In generalFor purposes of this subsection, the term
				qualified contribution means any charitable contribution (as
				defined in section 170(c)) if—
								(i)such contribution—
									(I)is paid during the period beginning on the
				earliest applicable disaster date for all States and ending on December 31,
				2008, in cash to an organization described in section 170(b)(1)(A), and
									(II)is made for relief efforts in 1 or more
				Midwestern disaster areas,
									(ii)the taxpayer obtains from such organization
				contemporaneous written acknowledgment (within the meaning of section
				170(f)(8)) that such contribution was used (or is to be used) for relief
				efforts in 1 or more Midwestern disaster areas, and
								(iii)the taxpayer has elected the application of
				this subsection with respect to such contribution.
								(B)ExceptionSuch term shall not include a contribution
				by a donor if the contribution is—
								(i)to an organization described in section
				509(a)(3), or
								(ii)for establishment of a new, or maintenance
				of an existing, donor advised fund (as defined in section 4966(d)(2)).
								(C)Application of election to partnerships and
				S corporationsIn the case of
				a partnership or S corporation, the election under subparagraph (A)(iii) shall
				be made separately by each partner or
				shareholder.
							.
				(15)Suspension of certain limitations on
			 personal casualty lossesSection 1400S(b)(1), by substituting
			 the applicable disaster date for August 25,
			 2005.
				(16)Special rule for determining earned
			 incomeSection
			 1400S(d)—
					(A)by treating an individual as a qualified
			 individual if such individual's principal place of abode on the applicable
			 disaster date was located in a Midwestern disaster area,
					(B)by treating the applicable disaster date
			 with respect to any such individual as the applicable date for purposes of such
			 subsection, and
					(C)by treating an area as described in
			 paragraph (2)(B)(ii) thereof if the area is a Midwestern disaster area only by
			 reason of subsection (b)(2) of this section (relating to areas eligible only
			 for public assistance).
					(17)Adjustments regarding taxpayer and
			 dependency statusSection
			 1400S(e), by substituting 2008 or 2009 for 2005 or
			 2006.
				(f)Modifications to Katrina Emergency Tax
			 Relief Act of 2005The
			 following provisions of the Katrina Emergency Tax Relief Act of 2005 shall be
			 applied with the following modifications:
				(1)Additional exemption for housing displaced
			 individualSection
			 302—
					(A)by substituting 2008 or 2009
			 for 2005 or 2006 in subsection (a) thereof,
					(B)by substituting Midwestern displaced
			 individual for Hurricane Katrina displaced individual
			 each place it appears, and
					(C)by treating an area as a core disaster area
			 for purposes of applying subsection (c) thereof if the area is a Midwestern
			 disaster area without regard to subsection (b)(2) of this section (relating to
			 areas eligible only for public assistance).
					(2)Increase in standard mileage
			 rateSection 303, by
			 substituting beginning on the applicable disaster date and ending on
			 December 31, 2008 for beginning on August 25, 2005, and ending
			 on December 31, 2006.
				(3)Mileage reimbursements for charitable
			 volunteersSection
			 304—
					(A)by substituting beginning on the
			 applicable disaster date and ending on December 31, 2008 for
			 beginning on August 25, 2005, and ending on December 31, 2006 in
			 subsection (a), and
					(B)by substituting the applicable
			 disaster date for August 25, 2005 in subsection
			 (a).
					(4)Exclusion of certain cancellation of
			 indebtedness incomeSection
			 401—
					(A)by treating an individual whose principal
			 place of abode on the applicable disaster date was in a Midwestern disaster
			 area (determined without regard to subsection (b)(2) of this section) as an
			 individual described in subsection (b)(1) thereof, and by treating an
			 individual whose principal place of abode on the applicable disaster date was
			 in a Midwestern disaster area solely by reason of subsection (b)(2) of this
			 section as an individual described in subsection (b)(2) thereof,
					(B)by substituting the applicable
			 disaster date for August 28, 2005 both places it
			 appears, and
					(C)by substituting January 1,
			 2010 for January 1, 2007 in subsection (e).
					(5)Extension of replacement period for
			 nonrecognition of gainSection 405, by substituting on or
			 after the applicable disaster date for on or after August 25,
			 2005.
				3.Enhanced charitable deductions for
			 contributions of food inventory
			(a)Increased amount of deduction
				(1)In generalClause (iv) of section 170(e)(3)(C)
			 (relating to termination) of the Internal Revenue Code of 1986 is amended by
			 striking December 31, 2007 and inserting December 31,
			 2009.
				(2)Effective
			 dateThe amendment made by
			 this subsection shall apply to contributions made after December 31,
			 2007.
				(b)Temporary suspension of limitations on
			 charitable contributions
				(1)In generalSection 170(b) of such Code is amended by
			 adding at the end the following new paragraph:

						(3)Temporary suspension of limitations on
				charitable contributionsIn
				the case of a qualified farmer or rancher (as defined in paragraph (1)(E)(v)),
				any charitable contribution of food—
							(A)to which subsection (e)(3)(C) applies
				(without regard to clause (ii) thereof), and
							(B)which is made during the period beginning
				on the date of the enactment of this paragraph and before January 1,
				2009,
							shall be treated for purposes of
				paragraph (1)(E) or (2)(B), whichever is applicable, as if it were a qualified
				conservation contribution which is made by a qualified farmer or rancher and
				which otherwise meets the requirements of such
				paragraph..
				(2)Effective
			 dateThe amendment made by
			 this subsection shall apply to taxable years ending after the date of the
			 enactment of this Act.
				4.Extension of enhanced charitable deduction
			 for contributions of book inventory
			(a)ExtensionClause (iv) of section 170(e)(3)(D) of the
			 Internal Revenue Code of 1986 (relating to termination) of the Internal Revenue
			 Code of 1986 is amended by striking December 31, 2007 and
			 inserting December 31, 2009.
			(b)Clerical amendmentClause (iii) of section 170(e)(3)(D) of
			 such Code (relating to certification by donee) is amended by inserting
			 of books after to any contribution.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to contributions made after December 31, 2007.
			5.Reporting requirements relating to disaster
			 relief contributions
			(a)In generalSection 6033(b) of the Internal Revenue
			 Code of 1986 (relating to returns of certain organizations described in section
			 501(c)(3)) is amended by striking and at the end of paragraph
			 (13), by redesignating paragraph (14) as paragraph (15), and by adding after
			 paragraph (13) the following new paragraph:

					(14)such information as the Secretary may
				require with respect to disaster relief activities, including the amount and
				use of qualified contributions to which section 1400S(a) applies,
				and
					.
			(b)Effective
			 dateThe amendments made by
			 this section shall apply to returns the due date for which (determined without
			 regard to any extension) occurs after December 31, 2008.


117 HR 1163 IH: Federal Police Camera and Accountability Act
U.S. House of Representatives
2021-02-18
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.

I117th CONGRESS1st SessionH. R. 1163IN THE HOUSE OF REPRESENTATIVESFebruary 18, 2021Ms. Norton (for herself and Mr. Beyer) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require Federal law enforcement officers to wear body cameras, and for other purposes.1.Short titleThis Act may be cited as the Federal Police Camera and Accountability Act.2.Requirements for Federal law enforcement officers regarding the use of body cameras(a)DefinitionsIn this section:(1)MinorThe term minor means any individual under 18 years of age.(2)Subject of the video footageThe term subject of the video footage—(A)means any identifiable Federal law enforcement officer or any identifiable suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body camera recording; and(B)does not include people who only incidentally appear on the recording.(3)Video footageThe term video footage means any images or audio recorded by a body camera.(4)Facial recognition or other biometric surveillanceThe term facial recognition or other biometric surveillance means an automated or semiautomated process that captures or analyzes biometric data of an individual to identify or assist in identifying an individual or an automated or semiautomated process that generates, or assists in generating, surveillance information about an individual based on biometric data.(b)Requirement To wear body camera(1)In generalFederal law enforcement officers shall wear a body camera.(2)Requirement for body cameraA body camera required under paragraph (1) shall—(A)have a field of view at least as broad as the officer’s vision; and(B)be worn in a manner that maximizes the camera’s ability to capture video footage of the officer’s activities.(c)Requirement To activate(1)In generalBoth the video and audio recording functions of the body camera shall be activated whenever a Federal law enforcement officer is responding to a call for service or at the initiation of any other law enforcement or investigative stop (as such term is defined in section 3) between a Federal law enforcement officer and a member of the public, except that when an immediate threat to the officer’s life or safety makes activating the camera impossible or dangerous, the officer shall activate the camera at the first reasonable opportunity to do so.(2)Allowable deactivationThe body camera shall not be deactivated until the stop has fully concluded and the Federal law enforcement officer leaves the scene.(d)Notification of subject of recordingA Federal law enforcement officer who is wearing a body camera shall notify any subject of the recording that he or she is being recorded by a body camera as close to the inception of the stop as is reasonably possible.(e)RequirementsNotwithstanding subsection (c), the following shall apply to the use of a body camera:(1)Prior to entering a private residence without a warrant or in non-exigent circumstances, a Federal law enforcement officer shall ask the occupant if the occupant wants the officer to discontinue use of the officer’s body camera. If the occupant responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera.(2)When interacting with an apparent crime victim, a Federal law enforcement officer shall, as soon as practicable, ask the apparent crime victim if the apparent crime victim wants the officer to discontinue use of the officer’s body camera. If the apparent crime victim responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera.(3)When interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation, a Federal law enforcement officer shall, as soon as practicable, ask the person seeking to remain anonymous, if the person seeking to remain anonymous wants the officer to discontinue use of the officer’s body camera. If the person seeking to remain anonymous responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera.(f)Recording of offers To discontinue use of body cameraEach offer of a Federal law enforcement officer to discontinue the use of a body camera made pursuant to subsection (e), and the responses thereto, shall be recorded by the body camera prior to discontinuing use of the body camera.(g)Limitations on use of body cameraBody cameras shall not be used to gather intelligence information based on First Amendment protected speech, associations, or religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative stop between a law enforcement officer and a member of the public, and shall not be equipped with or employ any facial recognition or other biometric surveillance technologies.(h)ExceptionsFederal law enforcement officers—(1)shall not be required to use body cameras during investigative or enforcement stops with the public in the case that—(A)recording would risk the safety of a confidential informant, citizen informant, or undercover officer;(B)recording would pose a serious risk to national security; or(C)the officer is a military police officer, a member of the United States Army Criminal Investigation Command, or a protective detail assigned to a Federal or foreign official while performing his or her duties; and(2)shall not activate a body camera while on the grounds of any public, private, or parochial elementary or secondary school, except when responding to an imminent threat to life or health.(i)Retention of footage(1)In generalBody camera video footage shall be retained by the law enforcement agency that employs the officer whose camera captured the footage, or an authorized agent thereof, for 6 months after the date it was recorded, after which time such footage shall be permanently deleted.(2)Right to inspectDuring the 6-month retention period described in paragraph (1), the following persons shall have the right to inspect the body camera footage:(A)Any person who is a subject of body camera video footage, and their designated legal counsel.(B)A parent or legal guardian of a minor subject of body camera video footage, and their designated legal counsel.(C)The spouse, next of kin, or legally authorized designee of a deceased subject of body camera video footage, and their designated legal counsel.(D)A Federal law enforcement officer whose body camera recorded the video footage, and their designated legal counsel, subject to the limitations and restrictions in this part.(E)The superior officer of a Federal law enforcement officer whose body camera recorded the video footage, subject to the limitations and restrictions in this part.(F)Any defense counsel who claims, pursuant to a written affidavit, to have a reasonable basis for believing a video may contain evidence that exculpates a client.(3)LimitationThe right to inspect subject to subsection (j)(1) shall not include the right to possess a copy of the body camera video footage, unless the release of the body camera footage is otherwise authorized by this part or by another applicable law. When a body camera fails to capture some or all of the audio or video of an incident due to malfunction, displacement of camera, or any other cause, any audio or video footage that is captured shall be treated the same as any other body camera audio or video footage under this Act.(j)Additional retention requirementsNotwithstanding the retention and deletion requirements in subsection (i), the following shall apply to body camera video footage under this Act:(1)Body camera video footage shall be automatically retained for not less than 3 years if the video footage captures an interaction or event involving—(A)any use of force; or(B)a stop about which a complaint has been registered by a subject of the video footage.(2)Body camera video footage shall be retained for not less than 3 years if a longer retention period is voluntarily requested by—(A)the Federal law enforcement officer whose body camera recorded the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation;(B)any Federal law enforcement officer who is a subject of the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value;(C)any superior officer of a Federal law enforcement officer whose body camera recorded the video footage or who is a subject of the video footage, if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value;(D)any Federal law enforcement officer, if the video footage is being retained solely and exclusively for police training purposes;(E)any member of the public who is a subject of the video footage;(F)any parent or legal guardian of a minor who is a subject of the video footage; or(G)a deceased subject’s spouse, next of kin, or legally authorized designee.(k)Public reviewFor purposes of subparagraphs (E), (F), and (G) of subsection (j)(2), any member of the public who is a subject of video footage, the parent or legal guardian of a minor who is a subject of the video footage, or a deceased subject’s next of kin or legally authorized designee, shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a minimum 3-year retention period.(l)Disclosure(1)In generalExcept as provided in paragraph (2), all video footage of an interaction or event captured by a body camera, if that interaction or event is identified with reasonable specificity and requested by a member of the public, shall be provided to the person or entity making the request in accordance with the procedures for requesting and providing government records set forth in the section 552a of title 5, United States Code.(2)ExceptionsThe following categories of video footage shall not be released to the public in the absence of express written permission from the non-law enforcement subjects of the video footage:(A)Video footage not subject to a minimum 3-year retention period pursuant to subsection (j).(B)Video footage that is subject to a minimum 3-year retention period solely and exclusively pursuant to paragraph (1)(B) or (2) of subsection (j).(3)Priority of requestsNotwithstanding any time periods established for acknowledging and responding to records requests in section 552a of title 5, United States Code, responses to requests for video footage that is subject to a minimum 3-year retention period pursuant to subsection (j)(1)(A), where a subject of the video footage is recorded being killed, shot by a firearm, or grievously injured, shall be prioritized and, if approved, the requested video footage shall be provided as expeditiously as possible, but in no circumstances later than 5 days following receipt of the request.(4)Use of redaction technology(A)In generalWhenever doing so is necessary to protect personal privacy, the right to a fair trial, the identity of a confidential source or crime victim, or the life or physical safety of any person appearing in video footage, redaction technology may be used to obscure the face and other personally identifying characteristics of that person, including the tone of the person’s voice, provided the redaction does not interfere with a viewer’s ability to fully, completely, and accurately comprehend the events captured on the video footage.(B)RequirementsThe following requirements shall apply to redactions under subparagraph (A):(i)When redaction is performed on video footage pursuant to this paragraph, an unedited, original version of the video footage shall be retained pursuant to the requirements of subsections (i) and (j).(ii)Except pursuant to the rules for the redaction of video footage set forth in this subsection or where it is otherwise expressly authorized by this Act, no other editing or alteration of video footage, including a reduction of the video footage’s resolution, shall be permitted.(m)Prohibited withholding of footageBody camera video footage may not be withheld from the public on the basis that it is an investigatory record or was compiled for law enforcement purposes where any person under investigation or whose conduct is under review is a police officer or other law enforcement employee and the video footage relates to that person’s conduct in their official capacity.(n)AdmissibilityAny video footage retained beyond 6 months solely and exclusively pursuant to subsection (j)(2)(D) shall not be admissible as evidence in any criminal or civil legal or administrative proceeding.(o)ConfidentialityNo government agency or official, or law enforcement agency, officer, or official may publicly disclose, release, or share body camera video footage unless—(1)doing so is expressly authorized pursuant to this Act or another applicable law; or(2)the video footage is subject to public release pursuant to subsection (l), and not exempted from public release pursuant to subsection (l)(1).(p)Limitation on Federal law enforcement officer viewing of body camera footageNo Federal law enforcement officer shall review or receive an accounting of any body camera video footage that is subject to a minimum 3-year retention period pursuant to subsection (j)(1) prior to completing any required initial reports, statements, and interviews regarding the recorded event, unless doing so is necessary, while in the field, to address an immediate threat to life or safety.(q)Additional limitationsVideo footage may not be—(1)in the case of footage that is not subject to a minimum 3-year retention period, viewed by any superior officer of a Federal law enforcement officer whose body camera recorded the footage absent a specific allegation of misconduct; or(2)divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose.(r)Third-Party maintenance of footageWhere a law enforcement agency authorizes a third party to act as its agent in maintaining body camera footage, the agent shall not be permitted to independently access, view, or alter any video footage, except to delete videos as required by law or agency retention policies.(s)Enforcement(1)In generalIf any Federal law enforcement officer, or any employee or agent of a Federal law enforcement agency fails to adhere to the recording or retention requirements contained in this Act, intentionally interferes with a body camera’s ability to accurately capture video footage, or otherwise manipulates the video footage captured by a body camera during or after its operation—(A)appropriate disciplinary action shall be taken against the individual officer, employee, or agent;(B)a rebuttable evidentiary presumption shall be adopted in favor of a criminal defendant who reasonably asserts that exculpatory evidence was destroyed or not captured; and(C)a rebuttable evidentiary presumption shall be adopted on behalf of a civil plaintiff suing the Government, a Federal law enforcement agency, or a Federal law enforcement officer for damages based on misconduct who reasonably asserts that evidence supporting their claim was destroyed or not captured.(2)Proof compliance was impossibleThe disciplinary action requirement and rebuttable presumptions described in paragraph (1) may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible.(t)Use of force investigationsIn the case that a Federal law enforcement officer equipped with a body camera is involved in, a witness to, or within viewable sight range of either the use of force by another law enforcement officer that results in a death, the use of force by another law enforcement officer, during which the discharge of a firearm results in an injury, or the conduct of another law enforcement officer that becomes the subject of a criminal investigation—(1)the law enforcement agency that employs the law enforcement officer, or the agency or department conducting the related criminal investigation, as appropriate, shall promptly take possession of the body camera, and shall maintain such camera, and any data on such camera, in accordance with the applicable rules governing the preservation of evidence;(2)a copy of the data on such body camera shall be made in accordance with prevailing forensic standards for data collection and reproduction; and(3)such copied data shall be made available to the public in accordance with subsection (l).(u)Limitation on use of footage as evidenceAny body camera video footage recorded by a Federal law enforcement officer that violates this Act or any other applicable law may not be offered as evidence by any government entity, agency, department, prosecutorial office, or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public.(v)Publication of agency policiesAny Federal law enforcement agency policy or other guidance regarding body cameras, their use, or the video footage therefrom that is adopted by a Federal agency or department, shall be made publicly available on that agency’s website.(w)Rule of constructionNothing in this Act shall be construed to preempt any laws governing the maintenance, production, and destruction of evidence in criminal investigations and prosecutions.3.Patrol vehicles with in-car video recording cameras(a)DefinitionsIn this section:(1)Audio recordingThe term audio recording means the recorded conversation between a Federal law enforcement officer and a second party.(2)Emergency lightsThe term emergency lights means oscillating, rotating, or flashing lights on patrol vehicles.(3)Enforcement or investigative stopThe term enforcement or investigative stop means an action by a Federal law enforcement officer in relation to enforcement and investigation duties, including traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance.(4)In-car video cameraThe term in-car video camera means a video camera located in a patrol vehicle.(5)In-car video camera recording equipmentThe term in-car video camera recording equipment means a video camera recording system located in a patrol vehicle consisting of a camera assembly, recording mechanism, and an in-car video recording medium.(6)RecordingThe term recording means the process of capturing data or information stored on a recording medium as required under this section.(7)Recording mediumThe term recording medium means any recording medium for the retention and playback of recorded audio and video including VHS, DVD, hard drive, solid state, digital, or flash memory technology.(8)Wireless microphoneThe term wireless microphone means a device worn by a Federal law enforcement officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment.(b)Requirements(1)In generalEach Federal law enforcement agency shall install in-car video camera recording equipment in all patrol vehicles with a recording medium capable of recording for a period of 10 hours or more and capable of making audio recordings with the assistance of a wireless microphone.(2)Recording equipment requirementsIn-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more shall record activities—(A)whenever a patrol vehicle is assigned to patrol duty;(B)outside a patrol vehicle whenever—(i)a Federal law enforcement officer assigned that patrol vehicle is conducting an enforcement or investigative stop;(ii)patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or(iii)an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and(C)inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose.(3)Requirements for recording(A)In generalA Federal law enforcement officer shall begin recording for an enforcement or investigative stop when the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed and the subject of the enforcement or investigative stop or the officer has left the scene.(B)Activation with lightsA Federal law enforcement officer shall begin recording when patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement, and shall continue until the reason for the activation ceases to exist, regardless of whether the emergency lights are no longer activated.(C)Permissible recordingA Federal law enforcement officer may begin recording if the officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and shall continue until the reason for recording ceases to exist.(4)Enforcement or investigative stopsA Federal law enforcement officer shall record any enforcement or investigative stop. Audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation.(c)Retention of recordingsRecordings made on in-car video camera recording medium shall be retained for a storage period of at least 90 days. Under no circumstances shall any recording made on in-car video camera recording medium be altered or erased prior to the expiration of the designated storage period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use unless otherwise ordered or if designated for evidentiary or training purposes.(d)Accessibility of recordingsAudio or video recordings made pursuant to this section shall be available under the applicable provisions of section 552a of title 5, United States Code. Only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying.(e)Maintenance requiredThe agency shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium. An officer operating a patrol vehicle must immediately document and notify the appropriate person of any technical difficulties, failures, or problems with the in-car video camera recording equipment or recording medium. Upon receiving notice, every reasonable effort shall be made to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle.4.Facial recognition technologyNo camera or recording device authorized or required to be used under this Act may employ facial recognition or other biometric surveillance technology. Used for purposes of this prohibition includes the use of a facial recognition or other biometric surveillance system in real-time or on a recording, or making a request or entering into an agreement for another law enforcement agency or other third party to use a facial recognition or other biometric surveillance system on behalf of the requesting officer or agency.5.GAO studyNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on Federal law enforcement officer training, vehicle pursuits, use of force, and interaction with citizens, and submit a report on such study to—(1)the Committees on the Judiciary of the House of Representatives and of the Senate;(2)the Committee on Oversight and Reform of the House of Representatives; and(3)the Committee on Homeland Security and Governmental Affairs of the Senate.6.RegulationsNot later than 6 months after the date of the enactment of this Act, the Attorney General shall issue such final regulations as are necessary to carry out this Act.7.Rule of constructionNothing in this Act shall be construed to impose any requirement on a Federal law enforcement officer outside of the course of carrying out that officer’s duty.


113 HR 766 IH: Paying a Fair Share Act of 2013
U.S. House of Representatives
2013-02-15
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
1st Session
H. R. 766
IN THE HOUSE OF REPRESENTATIVES

February 15, 2013
Mr. Cicilline (for himself, Mr. Pocan, Mr. Langevin, Ms. Schakowsky, Mr. Ellison, Mr. Larsen of Washington, Ms. Lee of California, and Mr. Cartwright) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To reduce the deficit by imposing a minimum effective tax rate for high-income taxpayers.

1.Short titleThis Act may be cited as the Paying a Fair Share Act of 2013 .
2.Fair share tax on high-income taxpayers
(a)In generalSubchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:

VIIIFair share tax on high-income taxpayers

Sec. 59B. Fair share tax.
59B.Fair share tax
(a)General rule
(1)Phase-in of taxIn the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of—
(A)the amount determined under paragraph (2), and
(B)a fraction (not to exceed 1)—
(i)the numerator of which is the excess of—
(I)the taxpayer's adjusted gross income, over
(II)the dollar amount in effect under subsection (c)(1), and
(ii)the denominator of which is the dollar amount in effect under subsection (c)(1).
(2)Amount of taxThe amount of tax determined under this paragraph is an amount equal to the excess (if any) of—
(A)the tentative fair share tax for the taxable year, over
(B)the excess of—
(i)the sum of—
(I)the regular tax liability (as defined in section 26(b)) for the taxable year, determined without regard to any tax liability determined under this section,
(II)the tax imposed by section 55 for the taxable year, plus
(III)the payroll tax for the taxable year, over
(ii)the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34).
(b)Tentative fair share taxFor purposes of this section—
(1)In generalThe tentative fair share tax for the taxable year is 30 percent of the excess of—
(A)the adjusted gross income of the taxpayer, over
(B)the modified charitable contribution deduction for the taxable year.
(2)Modified charitable contribution deductionFor purposes of paragraph (1)—
(A)In generalThe modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as—
(i)the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to
(ii)such amount, determined before the application of section 68.
(B)Taxpayer must itemizeIn the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero.
(c)High-Income taxpayerFor purposes of this section—
(1)In generalThe term high-income taxpayer means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return).
(2)Inflation adjustment
(A)In generalIn the case of a taxable year beginning after 2014, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to—
(i)such dollar amount, multiplied by
(ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof.
(B)RoundingIf any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000.
(d)Payroll taxFor purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of—
(1)the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during such taxable year, over
(2)the deduction allowable under section 164(f) for such taxable year.
(e)Special rule for estates and trustsFor purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e).
(f)Not treated as tax imposed by this chapter for certain purposesThe tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55..
(b)Clerical amendmentThe table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Part VIII—Fair share tax on high-Income taxpayers.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2013.
3.Sense of the House of Representatives regarding tax reformIt is the sense of the House of Representatives that—
(1)Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the system for millions of taxpayers and businesses, and makes sure that the wealthiest taxpayers pay a fair share; and
(2)this Act is an interim step that can be done quickly and serve as a floor on taxes for the highest-income taxpayers, cut the deficit by billions of dollars a year, and help encourage more fundamental reform of the tax system.


115 HR 2939 RH: Water Rights Protection Act of 2017
U.S. House of Representatives
2017-07-25
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.

IB
Union Calendar No. 187
115th CONGRESS1st Session
H. R. 2939
[Report No. 115–257, Part I]
IN THE HOUSE OF REPRESENTATIVES

June 20, 2017
Mr. Tipton (for himself, Mr. Lamborn, Mr. McClintock, Mr. Gosar, Mr. Amodei, Mrs. Love, Mr. Schweikert, Mr. LaMalfa, Mr. Simpson, and Mr. Westerman) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 concerned

July 25, 2017
Additional sponsors: Mr. Labrador, Mr. Pearce, and Mr. Buck

July 25, 2017
Reported from the Committee on Natural Resources

July 25, 2017
The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL
To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretaries of the Interior and Agriculture, and for other purposes.

1.Short titleThis Act may be cited as the Water Rights Protection Act of 2017.  2.DefinitionsIn this Act:
(1)SecretaryThe term Secretary means, as applicable— (A)the Secretary of Agriculture; or
(B)the Secretary of the Interior.  (2)Water rightThe term water right means any surface, groundwater, or storage use filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State in which the user acquires possession of the water or puts it to beneficial use. Such term shall include water rights for federally recognized Indian Tribes.
3.Treatment of water rightsThe Secretary shall not— (1)condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; or
(2)require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement.  4.Policy developmentIn developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary—
(1)shall— (A)recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and
(B)coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and  (2)shall not—
(A)adversely affect— (i)the authority of a State in—
(I)permitting the beneficial use of water; or  (II)adjudicating water rights;
(ii)any definition established by a State with respect to the term beneficial use, priority of water rights, or terms of use; or  (iii)any other right or obligation of a State established under State law; or
(B)assert any connection between surface and groundwater that is inconsistent with such a connection recognized by State water laws.  5.Effect (a)Existing authorityNothing in this Act limits or expands any existing legally recognized authority of the Secretary to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal land that is subject to the jurisdiction of the Secretary.
(b)Reclamation contractsNothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act).  (c)Endangered Species ActNothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(d)Federal reserved water rightsNothing in this Act limits or expands any existing reserved water rights of the Federal Government on land administered by the Secretary.  (e)Federal Power ActNothing in this Act limits or expands authorities pursuant to section 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811).
(f)Indian water rightsNothing in this Act limits or expands any existing reserved water right or treaty right of any federally recognized Indian Tribe.  (g)Federally held State water rightsNothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States.

July 25, 2017
Reported from the Committee on Natural Resources
July 25, 2017
The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


		I
		111th CONGRESS
		2d Session
		H. R. 5812
		IN THE HOUSE OF REPRESENTATIVES

			July 21, 2010
			Mr. Welch introduced
			 the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To conduct a pilot program in support of efforts to
		  increase purchases of local fresh fruits and vegetables for schools and service
		  institutions by giving several States the option of receiving a grant from the
		  Secretary of Agriculture for that purpose instead of obtaining commodities
		  under Department of Agriculture programs.

		1.Pilot program for purchase of
			 fresh fruits and vegetables for schools and service institutions in
			 Vermont
			(a)Pilot
			 programThe Secretary of
			 Agriculture shall conduct a pilot program under which a participating State, in
			 lieu of obtaining any or a portion of the State’s commodities under section
			 10603(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
			 612c–4(b)), receives a grant from the Food and Nutrition Service in an amount
			 equal to the value of the commodities for each of fiscal years 2011 and 2012.
			 The grant funds shall be used solely to purchase fresh fruits and vegetables
			 for distribution to schools and service institutions in the State participating
			 in the food service programs under the Richard B. Russell National School Lunch
			 Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C.
			 1771 et seq.).
			(b)Selection of
			 participating StatesThe pilot program is limited to three
			 States. The Secretary shall select the participating States from applications
			 submitted by the States. Each participating State shall be from a different
			 Department of Agriculture region.
			(c)Reporting
			 requirements
				(1)School and
			 service institution requirementSchools and service institutions in a
			 participating State shall keep records of purchases of fresh fruits and
			 vegetables made using the grant funds and report such information to the
			 State.
				(2)State
			 requirementThe participating
			 States shall report to the Secretary on the success of the pilot program,
			 including information on—
					(A)the value of the
			 grant funds versus commodities previously received under section 10603 of the
			 Farm Security and Rural Investment Act of 2002; and
					(B)the variety of
			 fresh fruits and vegetables purchased versus varieties previously received
			 under such section.