113 S791 IS: Follow the Money Act of 2013
U.S. Senate
2013-04-23
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.

		II
		113th CONGRESS
		1st Session
		S. 791
		IN THE SENATE OF THE UNITED STATES

			April 23, 2013
			Mr. Wyden (for himself
			 and Ms. Murkowski) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Federal Election Campaign Act of 1971 and
		  the Internal Revenue Code of 1986 to require the disclosure of contributions
		  and expenditures for independent Federal election-related activity, and for
		  other purposes.

		1.Short
			 title, etc
			(a)Short
			 titleThis Act may be cited
			 as the Follow the Money Act of
			 2013.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title,
				etc.
					TITLE I—Comprehensive reporting of independent Federal
				election-related expenditures and contributions
					Sec. 101. Reporting of independent Federal election-related
				activity expenditures and covered contributions.
					Sec. 102. Increase in reporting thresholds for candidate only
				political committees.
					Sec. 103. Instant disclosure system for
				contributions.
					Sec. 104. Modification of rules relating to disclaimer
				statements required for certain communications.
					Sec. 105. Statements disavowing communications.
					Sec. 106. Filing by Senate candidates with
				commission.
					TITLE II—Regulation of independent Federal election-related
				activity by tax-exempt entities
					Sec. 201. Excise tax on certain tax-exempt organizations
				failing to report election-related expenditures.
					Sec. 202. Loss of tax-exempt status for certain organizations
				failing to register or report election-related expenditures and
				contributions.
					Sec. 203. Section 527 political organizations required to file
				with FEC.
					Sec. 204. Application of whistleblower protections.
					TITLE III—Other provisions
					Sec. 301. Joint regulatory authority and advisory
				opinions.
					Sec. 302. Denial of business expense deductions for certain
				businesses failing to report donations and independent Federal election-related
				activity expenditures.
					Sec. 303. Prohibition on discrimination against
				donors.
					Sec. 304. Severability.

			IComprehensive
			 reporting of independent Federal election-related expenditures and
			 contributions
			101.Reporting of
			 independent Federal election-related activity expenditures and covered
			 contributions
				(a)DefinitionsSection
			 7701(a) of the Internal Revenue Code of 1986 is amended by adding at the end
			 the following new paragraphs:

						(51)Independent
				Federal election-related activity expenditure
							(A)In
				generalThe term independent Federal election-related
				activity expenditure means—
								(i)any expenditure
				that—
									(I)considering the
				facts and circumstances, a reasonable person would conclude is made solely or
				substantially for the purpose of influencing or attempting to influence the
				nomination or election of any individual to any Federal office (including an
				expenditure for a public communication that promotes, attacks, supports, or
				opposes a candidate); and
									(II)that is not made
				in concert or cooperation with, or at the suggestion of a candidate, the
				candidate's authorized committee, or a political party committee; and
									(ii)any payment made
				to another person if the transferor knows or has reason to know that such
				payment will be used to fund an expenditure described in clause (i).
								(B)Regulations and
				advisory opinionsFor authority with respect joint regulations
				and advisory opinions, see section 301 of the Follow the Money Act of 2013.
							(C)Other
				termsFor purposes of this paragraph, the terms
				candidate, Federal office, election, and
				public communication have the meaning given such terms under
				section 301 of the Federal Election Campaign Act of 1971.
							(52)Covered
				contribution
							(A)In
				generalThe term covered contribution means anything
				of value received by an independent political actor (as defined in section
				351(1) of the Federal Election Campaign Act of 1971) which can be used by such
				person to make an independent Federal election-related activity
				expenditure.
							(B)ExceptionsA
				receipt from another person shall not be taken into account under subparagraph
				(A)—
								(i)if such receipt
				occurred in a commercial transaction in the ordinary course of business;
								(ii)to the extent of
				the fair market value of any goods or services provided by the organization to
				such person in consideration for such amount; or
								(iii)if such receipt
				was derived from investments made by the independent political actor (as so
				defined).
								(C)Regulations and
				advisory opinionsFor authority with respect joint regulations
				and advisory opinions, see section 301 of the Follow the Money Act of
				2013.
							.
				(b)Registration
			 and reportingTitle III of the Federal Election Campaign Act of
			 1971 (2 U.S.C. 431) is amended—
					(1)by inserting
			 before section 301 the following:

							AFunds provided to
				candidates
							,
						and(2)by adding at the
			 end the following new subtitle:

							BDisclosure of
				other election-related expenditures and receipts
								351.DefinitionsIn this subtitle:
									(1)Independent
				political actor
										(A)In
				generalThe term independent political actor means,
				with respect to any Federal election cycle, any person that—
											(i)makes independent
				Federal election-related activity expenditures of $10,000 or more during such
				Federal election cycle;
											(ii)receives
				contributions which—
												(I)are intended by
				the transferor and understood by the recipient to be substantially used for
				making Independent Federal election-related activity expenditures, and
												(II)aggregate
				$10,000 or more during such Federal election cycle; or
												(iii)makes qualified
				solicitations to 500 or more persons during such Federal election cycle.
											For
				purposes of clause (iii), the term qualified solicitation means
				any solicitation which discloses to contributors that a portion of funds
				received in response to the solicitation will be utilized for independent
				Federal election-related activity expenditures.(B)Exclusion of
				candidate-only political committeesThe term independent
				political actor shall not include any political committee that
				exclusively makes contributions (whether direct, in-kind, or via coordinated
				communications) to candidates.
										(2)Federal
				election cycleThe term Federal election cycle means
				the period beginning on January 1 of any odd numbered year and ending on
				December 31 of the following year.
									(3)Independent
				Federal election-related activity expenditureThe term
				independent Federal election-related activity expenditure has the
				meaning given such term under section 7701(51) of the Internal Revenue Code of
				1986.
									(4)Covered
				contributionThe term covered contribution has the
				meaning given such term under section 7701(52) of the Internal Revenue Code of
				1986.
									352.Organization
				of independent political actors
									(a)Personnel
										(1)In
				generalEach independent political actor shall designate—
											(A)a treasurer;
				and
											(B)a responsible
				individual.
											(2)TreasurerAs
				provided by the Commission in regulations—
											(A)the treasurer of
				an independent political actor shall have similar duties and responsibilities
				of the treasurer of a political committee under subsections (b), (c), and (d)
				of section 302; and
											(B)rules similar to
				the rules of section 302(i) shall apply.
											(3)Joint and
				several liabilityThe treasurer and responsible individual shall
				be jointly and severally liable with the independent political actor for any
				acts or omissions to which this Act applies.
										(b)Organization of
				accounts of independent political actors
										(1)Safe harbor
				accountEach independent political actor may elect to have a
				segregated safe harbor account with respect to each Federal election cycle
				consisting of so much of the covered contributions (including dues) received
				from a person during the Federal election cycle as does not exceed the lesser
				of—
											(A)$1,000; or
											(B)the amount of
				covered contributions (including dues) received from such person.
											(2)Supplemental
				contributions accountEach independent political actor may elect
				to have a segregated supplemental contribution account consisting of the dues
				and other covered contributions that—
											(A)are received in
				that account; and
											(B)are to be used
				only for the purpose of making independent Federal election-related activity
				expenditures.
											353.Registration
									(a)In
				generalEvery person who is
				an independent political actor with respect to a Federal election cycle shall
				file a registration statement with the Commission not later than 10 days after
				such person becomes an independent political actor within the meaning of
				section 351(1).
									(b)Contents of
				registration statementThe registration statement shall include
				the following:
										(1)Registrant
				informationThe name and address of the independent political
				actor, the treasurer of the independent political actor, the responsible
				individual with respect to the independent political actor, and such other
				information as the Commission may require.
										(2)Method for
				reporting contributionsAn election with respect to which of the
				following methods the independent political actor elects to use for reporting
				covered contributions received during the federal election cycle:
											(A)All
				receiptsA method under which the independent political actor
				elects to report all covered contributions received during the Federal election
				cycle.
											(B)Use of safe
				harbor contribution accountA method under which the independent
				political actor elects to make independent Federal election-related activity
				expenditures only from amounts allocated to the safe harbor account of the
				independent political actor.
											(C)Use of
				supplemental contribution accountsA method under which the
				independent political actor—
												(i)elects to make
				independent Federal election-related expenditures only from amounts allocated
				to the supplemental contributions account of such independent political actor;
				and
												(ii)reports all
				covered contributions made to the supplemental contribution account of such
				independent political actor.
												(D)Use of safe
				harbor and supplemental contribution accountsA method under
				which the independent political actor—
												(i)elects make
				independent Federal election-related expenditures only from amounts allocated
				to the safe harbor and supplemental contributions account of such independent
				political actor; and
												(ii)reports all
				covered contributions made to the supplemental contribution account of such
				independent political actor.
												(E)Alternative
				allocation planA method under which the independent political
				actor elects to make independent Federal election-related expenditures and
				reports covered contributions under an alternative allocation plan approved by
				the Commission.
											An
				election under this subsection shall apply to a Federal election cycle and
				shall be irrevocable for such Federal election cycle.(c)Registration
				numberThe Commission shall designate a registration number for
				each independent political actor registered under this subsection.
									(d)AmendmentsAny
				change in information previously submitted in a registration statement of an
				independent political actor shall be reported not later than 10 days after the
				date of the change.
									354.Reporting by
				independent political actors
									(a)Requirement To
				file
										(1)In
				generalEvery treasurer of an independent political actor shall
				file a statement with the Commission containing the information described in
				subsection (b).
										(2)Timing of
				reporting
											(A)In
				generalThe statement required to be made under paragraph (1)
				shall be filed with the Commission at the times such statement would be
				required to be filed if such person were an authorized political committee of a
				candidate.
											(B)Covered
				contributions
												(i)In
				generalOn and after the date the Commission establishes the
				instant disclosure system described in section 103(a) of the
				Follow the Money Act of 2013,
				each treasurer of an independent political actor which accepts a covered
				contribution shall file, not later than the time provided under clause (ii), a
				statement with the Commission containing the information described in clause
				(iii).
												(ii)Timing of
				reportingThe statement required to be made under clause (i)
				shall be filed with the Commission—
													(I)in the case of a
				covered contribution made by check, before the date on which such check has
				been cashed or deposited into an account of the independent political
				actor;
													(II)in the case of a
				covered contribution made by credit card or debit card, within 48 hours of the
				receipt of such contribution; and
													(III)in any other
				case, within 10 days of the receipt of such contribution.
													(iii)Contents of
				statementEach statement required to be filed under this clause
				shall contain the information required under subsection (b)(2).
												(b)Contents of
				statementEach statement required to be filed under this
				subsection shall contain the following:
										(1)independent
				Federal election-related activity expendituresWith respect to
				each independent Federal election-related activity expenditure made by the
				person—
											(A)The date and
				amount of such expenditure.
											(B)The name and
				address of the person to whom such expenditure is made.
											(C)The purpose of
				the expenditure.
											(D)Whether such
				expenditure is in support of, or in opposition to, a candidate, as well as the
				name and office sought by such candidate.
											(E)Whether the
				source of any Federal-related activity expenditures was from—
												(i)the safe harbor
				account of the independent political actor,
												(ii)a supplemental
				contributions account of the independent political actor, or
												(iii)another
				source.
												(2)Covered
				contributions
											(A)In
				generalWith respect to each covered contribution, subject to
				subparagraphs (A), (B), and (C), the date and amount of each covered
				contribution received by an independent political actor.
												(i)All receipts
				methodIn the case of any independent political actor who has
				made an election under section 352(b)(2)(A), the identification of each person
				who made covered contributions to such independent political actor during the
				Federal election cycle.
												(ii)Supplemental
				contributions accountsIn the case of an independent political
				actor who has made an election under section 353(b)(2)(B), the identification
				of each person who made a covered contribution deposited into any such account
				during the Federal election cycle.
												(iii)Alternative
				allocation planIn the case of an independent political actor who
				enters into an alternative allocation plan with the Commission under section
				353(b)(2)(C), the information required to be reported under such alternative
				allocation plan.
												(B)Look through
				reporting for certain transfersIn the case of any covered
				contribution received by an independent political actor which is a independent
				Federal election-related activity expenditure of another independent political
				actor (hereinafter in this subparagraph referred to as the
				transferor) which is described in clause (ii) of section
				7701(a)(51)(A) of the Internal Revenue Code of 1986, the independent political
				actor receiving such covered contribution shall attribute the amount of the
				covered contribution to the transferee and to each person identified in a
				report of the transferee under this paragraph before the date of such
				contribution in the proportion that the amount of covered contributions so
				identified by the transferee in such reports bears to the amount of the covered
				contribution received by the independent political actor.
											(c)Confidentiality
				protectionsThe Commission
				may prescribe regulations to provide for an exception to the public disclosure
				of the identity of a person who makes a covered contribution under this section
				if—
										(1)the aggregate such contributions made by
				such person was $5,000 or less; and
										(2)such person has demonstrated that
				disclosure of the person’s identity will place the person at a particularized
				and specific risk of substantial injury to his or her person or business as a
				consequence of the disclosure.
										355.EnforcementFor purposes of section 309—
									(1)a violation of
				section 354(a) shall be treated as a violation of section 304(a) for purposes
				of subsection (4)(C) thereof, and
									(2)the amount
				required to be paid under any conciliation agreement or civil penalty imposed
				for a violation of section 304 or section 354 shall be reduced by the amount of
				any tax imposed and paid under section 4969 of the Internal Revenue Code of
				1986.
									.
					(c)Coordination
			 with existing requirements
					(1)Definition of
			 political committeeSection 301(4) of the Federal Election
			 Campaign Act of 1971 (2 U.S.C. 434(4)) is amended by adding at the end the
			 following flush sentence:
						Such
			 term shall not include any person who is an independent political actor, as
			 defined in section 351(1)..(2)Prohibition on
			 transfer of funds from political committeesSection 313(b) of
			 such Act (2 U.S.C. 439a(b)) is amended by adding at the end the following new
			 paragraph:

							(3)Transfers for
				independent Federal election-related activity expendituresA
				contribution to a political committee may not be—
								(A)transferred to a
				safe harbor account or a supplemental contribution account of an independent
				political actor (as defined by section 351); or
								(B)otherwise used
				for an independent Federal election-related activity expenditure (as defined in
				section
				351).
								.
					(3)Termination of
			 duplicate reporting requirements
						(A)Independent
			 expenditures
							(i)In
			 generalSection 304(c) of such Act (2 U.S.C. 434(c)) is amended
			 by adding at the end the following new paragraph:

									(4)TerminationThis
				subsection shall not apply to expenditures made after December 31,
				2014.
									.
							(ii)Conforming
			 amendmentSection 304((g) of such Act (2 U.S.C. 434(g)) is
			 amended by adding at the end the following new paragraph:

									(5)TerminationThis
				subsection shall not apply to expenditures made after December 31,
				2014.
									.
							(B)Electioneering
			 communicationsSection 304(f) of such Act (2 U.S.C. 434(f)) is
			 amended by adding at the end the following new paragraph:

								(8)TerminationParagraph
				(1) shall not apply to expenditures made after December 31,
				2014.
								.
						(d)Effective
			 dateThe amendments made by this section shall apply to
			 contributions and expenditures made after December 31, 2014.
				102.Increase in
			 reporting thresholds for candidate only political committees
				(a)In
			 generalSubparagraphs (A) and (F) of section 304(b)(3) of the
			 Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(3)(A)) are each amended
			 by striking  in excess of $200 and inserting in excess of
			 $1,000.
				(b)Political
			 committeesParagraph (3) of section 304(e) of such Act (2 U.S.C.
			 434(e)) is amended to read as follows:

						(3)ItemizationIf
				a political committee has—
							(A)receipts to which
				this subsection applies from any person in excess of $200 for any calendar
				year, or
							(B)disbursements to
				which this subsection applies to any person in excess of $1,000 for any
				calendar year,
							the
				political committee shall separately itemize its reporting for such person in
				the same manner as required in paragraphs (3)(A), (5), and (6) of subsection
				(b)..
				(c)Effective
			 dateThe amendments made by this section shall apply to
			 contributions and expenditures made after December 31, 2014.
				103.Instant
			 disclosure system for contributions
				(a)In
			 generalNot later than January 1, 2015, the Federal Election
			 Commission shall make available an instant disclosure system for use in
			 reporting contributions under section 304 of the Federal Election Campaign Act
			 of 1971 (2 U.S.C. 434) and covered contributions under section 354 of such Act.
			 Such system shall include a free internet-based system or free software through
			 which participants may report.
				(b)Use of system
			 by political committeesSection 304(a) of the Federal Election
			 Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
			 following new paragraph:

						(13)Reporting of
				contributions for certain political committees
							(A)In
				generalOn and after the date the Commission establishes the
				instant disclosure system described in section 103(a) of the
				Follow the Money Act of 2013,
				each treasurer of a political committee which accepts a reportable contribution
				shall file, not later than the time provided under subparagraph (B), a
				statement with the Commission containing the information described in
				subparagraph (C).
							(B)Timing of
				reportingThe statement required to be made under subparagraph
				(A) shall be filed with the Commission—
								(i)in the case of a
				reportable contribution made by check, before the date on which such check has
				been cashed or deposited into an account of the independent political
				actor;
								(ii)in the case of a
				reportable contribution made by credit card or debit card, within 48 hours of
				the receipt of such contribution; and
								(iii)in any other
				case, within 10 days of the receipt of such contribution.
								(C)Contents of
				statementEach statement required to be filed under this
				subsection shall contain—
								(i)the
				identification of the person who made the contribution, and
								(ii)the date and
				amount of each contribution made by such person during the federal election
				cycle.
								(D)Reportable
				contributionFor purposes of this paragraph, the term
				reportable contribution means any contribution which would be
				required to be reported by the political committee under subparagraphs (A) or
				(B) of subsection (b)(3) on a report submitted under paragraph (2), (3), or (4)
				if such report covered activity through the day the statement under
				subparagraph (A) were
				filed.
							.
				104.Modification of
			 rules relating to disclaimer statements required for certain
			 communications
				(a)Applying
			 requirements to all independent Federal election-Related activity
			 expendituresSection 318(a)
			 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by
			 striking  or whenever any person makes a disbursement for the purpose of
			 financing communications expressly advocating the election or defeat of a
			 clearly identified candidate, or and inserting whenever an
			 independent political actor makes a independent Federal election-related
			 activity expenditure consisting of a public communication, or whenever any
			 person.
				(b)Stand by your ad
			 requirements
					(1)Maintenance of
			 existing requirements for communications by political parties and other
			 political committeesSection 318(d)(2) of such Act (2 U.S.C.
			 441d(d)(2)) is amended—
						(A)in the heading, by
			 striking others and inserting
			 political
			 committees;
						(B)by striking
			 subsection (a) and inserting subsection (a) which is paid
			 for by a political committee (including a political committee of a political
			 party); and
						(C)by striking
			 or other person each place it appears.
						(2)Special
			 disclaimer requirements for radio and television
			 communicationsSection 318 of such Act (2 U.S.C. 441d) is amended
			 by adding at the end the following new subsection:

							(e)Communications by others
								(1)In
				generalAny communication
				described in paragraph (3) of subsection (a) which is paid for by an
				independent political actor and transmitted through radio or television shall
				include, in addition to the requirements of that paragraph, the
				following:
									(A)The name of the
				independent political actor, conveyed by audio.
									(B)The registration
				number of the independent political actor, conveyed by audio.
									(C)The top 3 funders
				with respect to the registrant (as described in paragraph (2)), together with
				the city or residence of each such funder, unless, on the basis of criteria
				established in regulations promulgated by the Commission, the communication is
				of such short duration that including the top 3 funders with respect to the
				registrant would constitute a hardship to the person paying for the
				communication by requiring a disproportionate amount of the communication’s
				content to consist of the top 3 funders.
									(2)Top 3
				fundersFor purposes of
				paragraph (1), the top 3 funders described in this paragraph are the 3 persons
				who provided the largest covered contributions to the independent political
				actor during the Federal election cycle. The Commission shall provide for rules
				determining the top 3 funders in any case in which 2 or more persons are
				reported as having provided covered contributions.
								(3)Manner of
				statementThe information
				required under paragraph
				(1)
								.
					(3)Application to
			 certain mass mailingsSection
			 318(a)(3) of such Act (2 U.S.C. 441d(a)(3)) is amended to
			 read as follows:

							(3)if not authorized
				by a candidate, an authorized political committee of a candidate, or its
				agents, shall clearly state—
								(A)the name and
				permanent street address, telephone number, and, if applicable, the World Wide
				Web address of the person who paid for the communication;
								(B)if the communication is a independent
				Federal election-related activity expenditure made by an independent political
				actor—
									(i)the name, registration number, and
				permanent street address, telephone number, and, if applicable, the World Wide
				Web address of the independent political actor;
									(ii)the name of the treasurer of the
				independent political actor; and
									(iii)each person who would be included in the
				top 3 funders which would be submitted with respect to the communication if the
				communication were transmitted through television, if any (as determined in
				accordance with subsection (e)(2); and
									(C)that the
				communication is not authorized by any candidate or candidate’s
				committee.
								.
					(4)Application to
			 political robocallsSection
			 318 of such Act (2
			 U.S.C. 441d), as amended by paragraph (2), is further amended
			 by adding at the end the following new subsection:

							(f)Special rules
				for political robocalls
								(1)Requiring
				communications to include certain disclaimer statementsAny communication consisting of a political
				robocall which would be subject to the requirements of subsection (e) if the
				communication were transmitted through radio or television shall include the
				following:
									(A)The name and city
				and state of residence of the independent political actor.
									(B)The registration
				number of the independent political actor.
									(C)A phone number
				associated with the independent political actor where individuals may call with
				questions and comments and which is staffed during all hours in which such
				political robocalls are made and for 1 hour after the last such political
				robocall was made.
									(D)The top 3 funders
				with respect to the registrant (as described in subsection (e)(2)).
									(2)Timing of
				certain statementThe
				statements required to be included under paragraph (1) shall be made at the
				beginning of the political robocall, unless, on the basis of criteria
				established in regulations promulgated by the Commission, the communication is
				of such short duration that including the statement in the communication would
				constitute a hardship to the person paying for the communication by requiring a
				disproportionate amount of the communication’s content to consist of the
				statement.
								(3)Political
				robocall definedIn this subsection, the term political
				robocall means any outbound telephone call—
									(A)in which a person is not available to speak
				with the person answering the call, and the call instead plays a recorded
				message; and
									(B)which promotes, supports, attacks, or
				opposes a candidate for election for Federal
				office.
									.
					(5)Additional
			 authority
						(A)In
			 generalSection 318 of such Act (2 U.S.C. 441d), as amended by
			 paragraph (4), is further amended by adding at the end the following new
			 subsection:

								(g)Certain
				requirements determined by the CommissionThe Commission may by
				regulation prescribe disclosure requirements in addition to those required by
				this section for communications paid for through independent Federal
				election-related activity expenditures, including requirements for
				communications using new
				technologies.
								.
						(B)RulemakingNot
			 later than August 1 of each odd numbered year beginning with calendar year
			 2015, the Federal Election Commission shall issue an advanced notice of
			 proposed rulemaking with respect to regulations under section 318(g) of the
			 Federal Election Campaign Act of 1971.
						(c)Effective
			 dateThe amendments made by this section shall apply to
			 communications made after December 31, 2014, and shall take effect without
			 regard to whether or not the Federal Election Commission has promulgated
			 regulations to carry out such amendments.
				105.Statements
			 disavowing communicationsSection 304 of the Federal Election Campaign
			 Act of 1971 (2 U.S.C. 434), as amended by this Act, is amended by adding at the
			 end the following new subsection:

					(k)Statements of
				disavowal
						(1)In
				generalA candidate or an authorized committee of a candidate may
				file with the Commission a statement disavowing any public communication which
				is not made in cooperation, consultation, or concert with such candidate or
				authorized committee.
						(2)Publication of
				statementThe Commission shall make such statement publicly
				available on the Commission's
				website.
						.
			106.Filing by
			 Senate candidates with commission
				(a)In
			 generalSection 302(g) of the
			 Federal Election Campaign Act of 1971 (2 U.S.C. 432(g)) is amended to read as
			 follows:

						(g)Filing with the
				commissionAll designations, statements, and reports required to
				be filed under this Act shall be filed with the
				Commission.
						.
				(b)Effective
			 dateThe amendment made by subsection (a) shall apply to
			 designations, statements, and reports required to be filed after the date that
			 is 2 months after the date of the enactment of this Act.
				IIRegulation of
			 independent Federal election-related activity by tax-exempt entities
			201.Excise tax on
			 certain tax-exempt organizations failing to report election-related
			 expenditures
				(a)In
			 generalChapter 42 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new subchapter:

						HReporting
				election-related activity

								Sec. 4968. Taxes on failure to report certain election-related
				  activity.

							4968.Taxes on
				failure to report certain election-related activity
								(a)In
				general
									(1)On the
				organizationThere is hereby imposed on each failure to report
				described in subsection (b) by a covered tax-exempt organization a tax equal to
				10 percent of the unreported amount. The tax imposed by this paragraph shall be
				paid by the organization.
									(2)On the
				responsible personUnless a failure to report described in
				subsection (b) is not due to negligence or intentional disregard, there is
				hereby imposed on the responsible individual with respect to the organization
				to which the failure to report relates, a tax equal to
				21/2 percent of the amount thereof. The tax imposed by
				this paragraph shall be paid by the responsible individual.
									(b)Failures To
				report described in this subsectionA failure to report is
				described in this subsection if such failure is a failure to report a covered
				contribution or an independent Federal election-related activity expenditure
				under section 354 of such Act. For purposes of this section, a failure to
				accurately report an amount shall be treated as a failure to report such amount
				to the extent of the difference between the amount required to be reported and
				the amount so reported.
								(c)Reduction in
				amount of tax
									(1)Taxes on the
				organizationThe tax imposed under subsection (a)(1) shall be
				reduced by any amount paid by such organization in connection with the failure
				to report described in subsection (b)—
										(A)under any
				conciliation agreement with the Federal Election Commission under section 309
				of the Federal Election Campaign Act of 1971, or
										(B)under a civil
				penalty imposed by the Commission.
										(2)Taxes on the
				responsible individualThe tax imposed under subsection (a)(2)
				shall be reduced by any amount paid by such responsible individual in
				connection with the failure to report described in subsection (b)—
										(A)under any
				conciliation agreement with the Federal Election Commission under section 309
				of the Federal Election Campaign Act of 1971, or
										(B)under a civil
				penalty imposed by the Commission.
										(d)Other
				definitionsFor purposes of this section—
									(1)Covered
				tax-exempt organizationThe term covered tax-exempt
				organization means any organization which—
										(A)without regard to
				any failure described in subsection (b)—
											(i)would be
				described in section 501(c) and exempt from taxation under section 501(a),
				or
											(ii)is a political
				organization (as defined in section 527), and
											(B)is an independent
				political actor (as defined in section 351(1) of such Act).
										(2)Responsible
				individualThe term responsible individual means,
				with respect to any covered tax-exempt organization, the individual designated
				as a responsible individual under section 352(a) of the Federal Election
				Campaign Act of 1971.
									(e)AbatementIf
				it is established to the satisfaction of the Secretary that a failure to report
				described in subsection (b) was due to reasonable cause and not negligence or
				intentional disregard, then any tax imposed under subsection (a) with respect
				to such failure (including interest) shall not be assessed and, if assessed,
				the assessment shall be abated and, if collected, shall be credited or refunded
				as an
				overpayment.
								.
				(b)Conforming
			 amendmentThe table of subchapters for chapter 42 of such Code is
			 amended by adding at the end the following new item:

							SUBCHAPTER H—Reporting election-related
				activity

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to
			 contributions and expenditures made after December 31, 2014.
				202.Loss of
			 tax-exempt status for certain organizations failing to register or report
			 election-related expenditures and contributions
				(a)In
			 generalPart I of subchapter F of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new
			 section:

						506.Requirement to
				register and report independent Federal election-related activity
				expenditures
							(a)In
				general
								(1)Loss of
				tax-exempt statusAn organization described in section 501(c)
				shall not be exempt from taxation under section 501(a), and a political
				organization described in section 527 shall not be exempt from tax under such
				section, for any period after the date described in paragraph (2) if such
				organization is required to register under section 303 or 353 of the Federal
				Election Campaign Act of 1971 or report under section 304 or 354 of such Act
				and fails to do so or, in the case of a report under such section 304 or 354,
				files an inaccurate report.
								(2)Time of loss of
				exemptionThe date described in this paragraph is the date on
				which the first failure described in paragraph (1) occurred.
								(b)Exceptions
								(1)Safe
				harborNotwithstanding subsection (a), an organization shall not
				fail to be treated as exempt from tax under section 501(a) or section 527 if
				the sums for which there was a failure to report under section 304 or 354 of
				the Federal Election Campaign Act of 1971 aggregates $25,000 or less.
								(2)Best
				effortsAn organization shall not fail to be treated as exempt
				from tax under section 501(a) or section 527 if the Secretary determines that
				the treasurer or responsible person with respect to such organization (within
				the meaning of section 352 of the Federal Election Campaign Act of 1971) has
				made best efforts to comply with the requirements to which the failure relates.
				In any case in which such failure relates to a failure to report the
				identification (as defined in section 301 of such Act) of a person, such best
				efforts shall not be considered to have been made unless the treasurer or
				responsible person made efforts to contact the person through multiple means of
				communication and attempted to use publicly available information to establish
				such identification.
								(c)Denial of
				reinstatementAny organization to which subsection (a) applies,
				and any responsible individual with respect to such organization (as defined in
				section 4968(d)(2))—
								(1)shall not be
				eligible to apply for exemption from taxation under section 501(a), and
								(2)shall not be
				treated as a political organization under section 527,
								before
				the end of the Federal election cycle (as defined in section 351(2) of the
				Federal Election Campaign Act of 1971) in which the failure described in
				subsection (a) occurred.(d)Reasonable
				cause exceptionIf it is established to the satisfaction of the
				Secretary that a failure described in subsection (a)(1) was due to reasonable
				cause and not negligence or intentional disregard, then subsection (a) shall
				not
				apply.
							.
				(b)Conforming
			 amendments
					(1)Section 501(a) of
			 such Code is amended by striking or 503 and inserting
			 503, or 506.
					(2)The table of
			 sections for part I of subchapter F of chapter 1 of such Code is amended by
			 adding at the end the following new item:

								Sec. 506. Requirement to register and report independent
				Federal election-related activity
				expenditures.

							.
					(c)Effective
			 dateThe amendments made by this section shall apply to
			 contributions and expenditures made after December 31, 2014.
				203.Section 527
			 political organizations required to file with FECSection 527(j) of such Code is amended by
			 adding at the end the following new paragraph:

					(8)Nonapplication
				to independent political actors
						(A)In
				generalIn the case of a political organization which is an
				independent political actor (as defined in section 351 of the Federal Election
				Campaign Act of 1971)—
							(i)such political
				organization shall file statements and reports in accordance with section 354
				of the Federal Election Campaign Act of 1971, and
							(ii)this subsection
				shall not apply with respect to information required to be included on such
				statements.
							(B)Cross-referenceFor
				failure to meet the requirements of subparagraph (A), see sections 506 and
				4968.
						.
			204.Application of
			 whistleblower protectionsParagraph (5) of section 7623(b) of the
			 Internal Revenue Code of 1986 is amended by striking any action
			 and inserting any action which relates to a violation of section 506 or
			 to any other action.
			IIIOther
			 provisions
			301.Joint
			 regulatory authority and advisory opinions
				(a)Regulations and
			 forms
					(1)Joint
			 regulationsNot later than September 30, 2014, the Secretary of
			 the Treasury, or the Secretary's delegate, and the Federal Election Commission
			 shall prescribe joint regulations with respect to—
						(A)the definitions
			 of the terms independent Federal election-related activity
			 expenditure and covered contribution, as defined in section
			 7701(a) of the Internal Revenue Code of 1986 and section 351 of the Federal
			 Election Campaign Act of 1971, as added by this Act, and
						(B)forms and
			 regulations necessary to carry out the registration and reports required under
			 sections 353 and 354 of the Federal Election Campaign Act of 1971.
						(2)Treasury
			 regulationsIn the case that the joint regulations described in
			 paragraph (1) have not been prescribed by September 31, 2014, the Secretary of
			 the Treasury, or the Secretary's delegate, shall prescribe such regulations not
			 later than December 1, 2014, and such regulations shall apply with respect to
			 the administration, application, and enforcement of the Federal Election
			 Campaign Act of 1971.
					(3)Rule of
			 constructionThe regulations promulgated under this subsection
			 shall prescribe that the substance of any transaction shall control over the
			 form of the transaction.
					(b)Advisory
			 opinions
					(1)In
			 generalThe Secretary of the Treasury, or the Secretary's
			 delegate, in consultation with the Federal Election Commission, shall issue
			 advisory opinions on requests relating to the matters described under
			 subsection (a)(1).
					(2)User
			 feesThe Secretary of the Treasury is authorized to impose user
			 fees to cover the costs of any advisory opinions requested under paragraph (1),
			 and the Secretary is authorized to transfer to the Federal Election Commission,
			 and the Commission is authorized to accept, the portion of such fees which is
			 determined to be related to costs incurred by the Commission in connection with
			 an advisory opinion.
					(3)Sense of
			 CongressIt is the sense of Congress that advisory opinions under
			 this section shall be furnished within 30 days of the request unless public
			 interest requires otherwise.
					302.Denial of
			 business expense deductions for certain businesses failing to report donations
			 and independent Federal election-related activity expenditures
				(a)Denial of
			 deduction for election-Related activity expenditures
					(1)In
			 generalParagraph (1) of section 162(e) of the Internal Revenue
			 Code of 1986 is amended to read as follows:

							(1)In
				generalNo deduction shall be allowed under subsection (a)
				for—
								(A)any independent
				Federal election-related activity expenditure (as defined in section
				7701(a)(51)), or
								(B)any amount paid
				or incurred in connection with—
									(i)influencing
				legislation,
									(ii)participation
				in, or intervention in, any political campaign on behalf of (or in opposition
				to) any candidate for public office,
									(iii)any attempt to
				influence the general public, or segments thereof, with respect to elections,
				legislative matters, or referendums, or
									(iv)any direct
				communication with a covered executive branch official in an attempt to
				influence the official actions or positions of such
				official.
									.
					(2)Conforming
			 amendments
						(A)Section
			 162(e)(2)(A) of such Code is amended by striking paragraph
			 (1)(A) and inserting paragraph (1)(B)(i).
						(B)Section
			 162(e)(5)(B) of such Code is amended by striking paragraph (1)(A) and
			 (D) each place it appears and inserting paragraph (1)(B)(i) and
			 (iv).
						(C)Section
			 6033(e)(1)(B)(ii) of such Code is amended by striking subparagraphs (A)
			 and (D) of section 162(e)(1) and inserting clauses (i) and (iv)
			 of section 162(e)(1)(B).
						(b)Exception to
			 allowance of deduction for amounts expended on behalf of another
			 personSubparagraph (A) of section 162(e)(5) of the Internal
			 Revenue Code of 1986 is amended—
					(1)by striking
			 In the case of and inserting the following:

							(i)In
				generalExcept as provided in clause (ii), in the case
				of
							, and
					(2)by adding at the
			 end the following new clauses:

							(ii)Exception not
				to apply with respect to certain organizations failing to file
				reportsClause (i) shall not apply to any activity described in
				paragraph (1) which is a independent Federal election-related activity
				expenditure (as defined in section 7701(a)(51)) unless the taxpayer has
				complied with the requirements of sections 303, 304, 353 and 354 of the Federal
				Election Campaign Act of
				1971.
							.
					(c)Penalty for
			 improperly claiming deduction
					(1)In
			 generalSection 6662(b) of the Internal Revenue Code of 1986 is
			 amended by inserting after paragraph (7) the following new paragraph:

							(8)Any improper
				independent Federal election-related activity expenditure
				deduction.
							.
					(2)Improper
			 election-related activity expenditure deductionSection 6662 of
			 such Code is amended by adding at the end the following new subsection:

							(k)Improper
				independent Federal election-related activity expenditure
				deductionFor purposes of this subsection, the term
				improper independent Federal election-related activity expenditure
				deduction means, for any taxable year, any portion of an understatement
				for such taxable year which is attributable to any independent Federal
				election-related activity expenditure (as defined in section 7701(a)(51))
				improperly claimed as a deduction under section
				162.
							.
					(d)Certification
			 of compliance on tax return
					(1)In
			 generalThe Secretary of the Treasury, or the Secretary's
			 delegate, shall revise appropriate tax forms to provide that the chief
			 executive officer (or the equivalent) of any person claiming a trade or
			 business expense as a deduction under section 162 of the Internal Revenue Code
			 of 1986 on an income tax return provide an answer to the following questions on
			 such return:

							(1)Has the taxpayer
				made a independent Federal election-related activity expenditure (as defined in
				section 7701(a)(51) of the Internal Revenue Code of 1986) during the period
				covered by the tax return?
							(2)Has the taxpayer
				claimed a deduction for any independent Federal election-related activity
				expenditure (as so defined) on the tax
				return?
							.
					(2)PenaltySection
			 7207 of the Internal Revenue Code of 1986 is amended by adding at the end the
			 following new sentence: Any person required to provide an answer with
			 respect to election-related activity expenditures pursuant to section 303(d)(1)
			 of the Follow the Money Act of
			 2013 who willfully provides a false or fraudulent answer with
			 respect to such expenditures shall be fined not more than $1,000,0000, or
			 imprisoned not more than 10 years, or both..
					(e)Effective
			 date
					(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall apply to taxable years beginning after December 31,
			 2014.
					(2)Certification
			 and penaltyThe amendments made by subsection (d) shall apply to
			 returns required to be filed after December 31, 2014.
					303.Prohibition on
			 discrimination against donorsChapter 43 of title 18, United States Code,
			 is amended by adding at the end the following new section:

					1925.Prohibition
				on discrimination against donors in connection with Federal elections
						Whoever, being
				an officer or employee of the United States or of any department or agency
				thereof, discriminates against any person on the basis of any information
				reported under section 304 or 354 of the Federal Election Campaign Act of 1971
				shall be fined under this title 18, or imprisoned not more than one year, or
				both; and shall be removed from office or
				employment.
						.
			304.SeverabilityIf any provision of this Act or any
			 amendment made by this Act, or the application of a provision to any person or
			 circumstance, is held to be unconstitutional, the remainder of this Act and the
			 amendments made by this Act, and the application of the provisions to any
			 person or circumstance, shall not be affected by the holding.


114 HCON 38 IH: Supporting the goals and ideals of the Gay, Lesbian and Straight Education Network’s (GLSEN) National Day of Silence in bringing attention to anti-lesbian, gay, bisexual, and transgender name-calling, bullying, and harassment faced by individuals in schools.
U.S. House of Representatives
2015-04-16
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.

		IV
		114th CONGRESS
		1st Session
		H. CON. RES. 38
		IN THE HOUSE OF REPRESENTATIVES

			April 16, 2015
			Mr. Engel (for himself, Mr. Hastings, Mrs. Davis of California, Mr. Blumenauer, Mr. Nadler, Mr. Grijalva, Mr. Deutch, Mr. Takano, Mr. Lowenthal, Mr. Rangel, Mr. Sean Patrick Maloney of New York, Mr. Gutiérrez, Ms. Sinema, Ms. Lee, Mr. Cicilline, Mr. Takai, Ms. Jackson Lee, Mr. Ted Lieu of California, Mr. Loebsack, Mr. Israel, Mr. Higgins, Ms. Norton, Mr. Schiff, Ms. McCollum, Ms. Speier, Ms. Schakowsky, Ms. Wasserman Schultz, Mr. Sires, Mr. Heck of Washington, Mr. Murphy of Florida, Mr. Vargas, Mr. Pocan, Ms. Linda T. Sánchez of California, Mr. Neal, Mr. Quigley, Mr. Johnson of Georgia, Mrs. Capps, Ms. Tsongas, Mr. Gallego, Mr. Van Hollen, Mr. Polis, Mr. Peters, Ms. Titus, Mrs. Dingell, Mr. Sherman, Mr. Lewis, Mr. Michael F. Doyle of Pennsylvania, Mr. Honda, Mr. Kilmer, Mr. Price of North Carolina, Ms. Lofgren, Mrs. Lawrence, Mr. Keating, Mr. Tonko, Mr. Farr, Mrs. Watson Coleman, Ms. DeGette, Miss Rice of New York, Ms. Kuster, Ms. DelBene, Mr. Brendan F. Boyle of Pennsylvania, Mr. Grayson, and Mr. Carson of Indiana) submitted the following concurrent resolution; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, 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

		CONCURRENT RESOLUTION
		Supporting the goals and ideals of the Gay, Lesbian and Straight Education Network’s (GLSEN)
			 National Day of Silence in bringing attention to anti-lesbian, gay,
			 bisexual, and transgender name-calling, bullying, and harassment faced by
			 individuals in schools.

 Whereas the National Day of Silence is a day in which students take a vow of silence to bring attention to the anti- lesbian, gay, bisexual, and transgender name-calling, bullying, and harassment faced by individuals in schools;
 Whereas the Gay, Lesbian and Straight Education Network (GLSEN) designates one day of every April as the National Day of Silence;
 Whereas hundreds of thousands of students at more than 8,000 schools have participated in the National Day of Silence in past years;
 Whereas the Gay, Lesbian and Straight Education Network's 2013 National School Climate Survey illustrates the pervasive harassment and victimization faced by lesbian, gay, bisexual, and transgender students by documenting their experiences within the preceding academic year;
 Whereas nearly 75 percent of lesbian, gay, bisexual, and transgender students reported being verbally harassed by their peers at school because of their sexual orientation, and more than 55 percent because of their gender expression;
 Whereas more than 35 percent of lesbian, gay, bisexual, and transgender students reported being physically harassed by their peers at school because of their sexual orientation, and nearly 25 percent because of their gender expression;
 Whereas nearly 17 percent of lesbian, gay, bisexual, and transgender students reported being physically assaulted by their peers at school because of their sexual orientation, and nearly 11.4 percent because of their gender expression;
 Whereas more than 50 percent of lesbian, gay, bisexual, and transgender students reported that they felt unsafe in school because of their sexual orientation, and 30 percent reported missing at least one entire school day in the preceding month because of safety concerns;
 Whereas transgender students were more likely than all other students to report feeling unsafe at school because of their gender expression;
 Whereas, according to the National Transgender Discrimination Survey, those who expressed a transgender identity or gender nonconformity while in grades K through 12 reported alarming rates of harassment, physical assault, and sexual violence so severe that almost 15 percent of those surveyed had to leave school;
 Whereas student academic performance is affected such that lesbian, gay, bisexual, and transgender students who experienced high levels of verbal harassment because of their sexual orientation or gender expression report a grade point average nearly a half grade lower than those of lesbian, gay, bisexual, and transgender students who experienced low levels of such harassment;
 Whereas the presence of supportive staff contributed to a range of positive indicators including fewer reports of missing school, fewer reports of feeling unsafe, greater academic achievement, higher educational aspirations, and a greater sense of school belonging;
 Whereas a growing number of States, cities, and local education authorities are adopting laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students on the basis of their sexual orientation and gender identity or expression; and
 Whereas every child should be guaranteed an education free from name-calling, bullying, harassment, and discrimination regardless of his or her sexual orientation and gender identity or expression: Now, therefore, be it

 That Congress— (1)supports the goals and ideals of the National Day of Silence;
 (2)requests that the President issue a proclamation calling on the people of the United States to observe the National Day of Silence with appropriate ceremonies, programs, and activities; and
 (3)encourages each State, city, and local educational agency to adopt laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students, teachers, and other school staff regardless of their sexual orientation and gender identity or expression, so that the Nation's schools are institutions where all individuals are able to focus on learning.


		I
		111th CONGRESS
		1st Session
		H. R. 2761
		IN THE HOUSE OF REPRESENTATIVES

			June 8, 2009
			Ms. Watson (for
			 herself, Ms. Norton,
			 Mr. Cummings,
			 Mrs. Christensen,
			 Mr. Butterfield,
			 Mr. Conyers,
			 Mr. Clay, Ms. Lee of California,
			 Mr. Towns,
			 Mr. Al Green of Texas, and
			 Mr. Fattah) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources, and in addition to the Committee on the
			 Judiciary, 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

		A BILL
		To sever United States Government relations with the
		  Cherokee Nation of Oklahoma until such time as the Cherokee Nation of Oklahoma
		  restores full tribal citizenship to the Cherokee Freedmen disenfranchised in
		  the March 3, 2007, Cherokee Nation vote and fulfills all its treaty obligations
		  with the Government of the United States, and for other
		  purposes.

		1.FindingsCongress finds the following:
			(1)In the 1830s, members of the Cherokee
			 Nation were removed from their lands in the southeastern United States and
			 forced to migrate to Oklahoma along a route known as the Trail of Tears. Among
			 those persons forced to migrate were the Black slaves of Cherokees, free Blacks
			 married to Cherokees, and the children of mixed-race families, known now as the
			 Black Cherokees.
			(2)In 1861, the Cherokee Nation executed a
			 treaty with the Confederate States of America, thereby severing its relations
			 with the United States Government. Members of the Cherokee Nation held
			 positions in the Congress and military of the Confederate States of America and
			 waged war against the United States during the Civil War.
			(3)Following the Civil War, the United States
			 reestablished relations with the Cherokee Nation through the Treaty of 1866.
			 The Treaty of 1866 declared that the Black Cherokees, also known as
			 Cherokee Freedmen, were to be made citizens of the Cherokee
			 Nation and to have all the rights of Cherokees.
			(4)The Treaty of 1866 further guarantees the
			 following:
				(A)Laws shall be uniform throughout
			 said nation and that if any law, either in its provisions or in
			 the manner of its enforcement, in the opinion of the President of the United
			 States, operate unjustly in [the Freedmen] district, he is hereby authorized
			 and empowered to correct such evil..
				(B)The Cherokee Freedmen are given the right
			 to elect officials and to representation according to numbers on
			 the national council.
				(5)Following the Treaty of 1866, the Cherokee
			 National Council amended its constitution to guarantee the Cherokee Freedmen
			 full rights as citizens of the Cherokee Nation.
			(6)Also following the Treaty of 1866, the
			 Courts upheld the Cherokee Freedmen’s treaty rights, including—
				(A)in 1895, the Court of Claims held that the
			 Cherokee Freedmen were entitled to share in the tribe’s land sale proceeds and
			 the Cherokee Nation’s sovereignty could not be exercised in a manner that
			 breached the nation’s treaty obligations to the United States (Whitmire,
			 Trustee for the Cherokee Freedmen v. Cherokee Nation, 30 CT Cl. 138, 180 (CT
			 Cl. 1895)); and
				(B)in 1906, the Supreme Court noted that the
			 Cherokee Freedmen are citizens of the Cherokee Nation entitled to the same
			 property rights as other members of the Cherokee Nation under the Treaty of
			 1866 (Red Bird v. United States, 203 U.S. 76, 84).
				(7)In a December 19, 2006, ruling in Vann v.
			 Kempthorne, the United States District Court for the District of Columbia found
			 that in 1906, the Dawes Commission registered members of the Cherokee Nation
			 under separate categories: the Freedmen Roll for the Black
			 Cherokees and the Blood Roll for other Cherokees. Individuals
			 possessing African blood were placed on the Freedmen Roll, where no levels of
			 Indian blood were recorded. Those possessing no African blood were placed on
			 the Blood Roll, where levels of Indian blood were recorded. The Dawes
			 Commission declared that persons recorded on the Freedmen Roll were on equal
			 footing with those on the Blood Roll.
			(8)In 1970, Congress passed the
			 Principal Chiefs Act requiring the Chickasaw, Choctaw, Creek,
			 Seminole, and Cherokee Nations to obtain approval for their voting laws for
			 selection of the principal chief. The Department of the Interior drafted a
			 policy stating that it was not necessary that each of these groups have
			 identical or similar regulations, but that three conditions are deemed
			 fundamental to the democratic selection of a principal tribal official. One of
			 the three conditions stipulated by the Department is that voter qualifications
			 of the Cherokees must be broad enough to include the enrolled Cherokee Freedmen
			 citizens.
			(9)In May 2003, the Cherokee Nation held an
			 election for its officers and ratification of a new constitution. The vote
			 proposed to amend the 1999 constitution of the Cherokee Nation by removing the
			 requirement that the United States Department of the Interior and Bureau of
			 Indian Affairs approve amendments to the Cherokee Nation Constitution. The
			 Cherokee Freedmen were not permitted to vote or run for office. The election
			 violated the Treaty of 1866, the 13th Amendment to the United States
			 Constitution, the Principal Chiefs Act of 1970, and the Department of the
			 Interior’s guidance on the ratification of a new constitution.
			(10)In May 2003, the Cherokee Nation held an
			 election for its officers and the ratification of a new constitution. The new
			 constitution removed the requirement that the United States Department of the
			 Interior and the Bureau of Indian Affairs approve amendments to the Cherokee
			 Nation constitution. The Cherokee Freedmen were not permitted to vote in this
			 election. The election violated the Treaty of 1866, the 13th Amendment to the
			 United States Constitution, and the Principal Chiefs Act of 1970.
			(11)The Department of the Interior has not
			 recognized the May 2003 vote to amend the Cherokee Nation’s constitution. The
			 Cherokee Nation has subsequently removed its request for approval from the
			 Department of the Interior.
			(12)Currently, the Cherokee Nation operates
			 under a Principal Chief elected in violation to the 1970 Principal Chiefs Act
			 and Treaty of 1866, a National Council constituted without Cherokee Freedmen
			 representatives in violation of the Treaty of 1866, and a Constitution not
			 approved by the United States pursuant to article XV, section 10 of the 1975
			 Cherokee Nation Constitution.
			(13)In May 2003, the Cherokee Nation renamed
			 its highest court, formerly named the Judicial Appeals Tribunal and newly
			 renamed the Supreme Court, after the Judicial Appeals Tribunal ruled in a 2–1
			 decision that the Cherokee Freedmen were entitled to citizenship pursuant to
			 the 1975 Cherokee Nation constitution. Pursuant to the new May 2003
			 constitution, which still has not been approved by the Department of the
			 Interior, the illegally elected Principal Chief appointed two additional judges
			 to the Supreme Court. The panel of five Supreme Court judges ruled in a 3–2
			 decision that the Cherokee Nation could hold a vote on the tribal status of the
			 Cherokee Freedmen.
			(14)Operating under the unapproved
			 Constitution, the Cherokee Nation held an election in March 2007, to remove the
			 Cherokee Freedmen from the Cherokee Nation. In a vote of less than 4 percent of
			 the total Cherokee Nation population, the voters elected to remove Cherokee
			 Freedmen not on the Dawes blood rolls from the Nation.
			(15)In May 2007, the Cherokee Nation leadership
			 determined that it would allow registered Freedmen to vote in the June 23,
			 2007, election for tribal officers. Despite the Cherokee Nation’s decision to
			 allow Freedmen to vote, Freedmen’s rights as members of the Cherokee Nation are
			 severely restricted: Freedmen are not allowed to run for office in the June
			 2007 election in violation of the Treaty of 1866; the registration of Freedmen
			 entitled to Cherokee citizenship under the 1906 Dawes Rolls has been halted;
			 and the election is to be held under provisions of an unapproved constitution
			 and in violation of the 1970 Principal Chiefs Act that requires the Cherokee
			 leadership to submit its voting requirements for the election to the Secretary
			 of the Interior for his approval. Further, the actions of the Cherokee Nation
			 in halting citizenship application processing and voter registration of
			 Freedmen have disproportionately reduced the number of Freedmen voters that can
			 participate in the election.
			(16)The manner in which the Cherokee Nation is
			 conducting the relationship between the United States and the tribal entity is
			 not in the best interest of the United States Government, citizens of the
			 Cherokee Nation, and violates existing treaties and laws governing the
			 relationship between the United States Government and the Cherokee
			 Nation.
			(17)Current efforts of the Cherokee Nation to
			 expel members of the Cherokee Freedmen from the tribal rolls and abolish
			 Department of the Interior oversight are being pursued in violation of the
			 treaty rights extended to the Cherokee Freedmen in a treaty agreement between
			 the United States and Cherokee Nation in the 1866 Treaty and in violation of
			 Freedmen citizenship under the federally approved Cherokee Nation constitution
			 of 1975.
			(18)The Department of the Interior has failed
			 to uphold its fiduciary responsibility by recognizing the May 2003 Cherokee
			 Nation election for Principal Chief in which Freedmen were not allowed to vote
			 in violation of the Principal Chiefs Act and the Treaty of 1866 and by failing
			 to take any administrative action against the Cherokee Nation leadership for
			 its decision to sanction a referendum in March 2007 in which the Freedmen were
			 expelled from the Cherokee Nation.
			2.Severance of
			 Relations with the Cherokee Nation
			(a)In
			 GeneralThe United States
			 hereby severs all relations with the Cherokee Nation, including all financial
			 obligations or otherwise, until such time as the Cherokee Nation is meeting all
			 of its treaty obligations and other federal statutory obligations (including
			 all obligations of the Treaty of 1866, the Principal Chiefs Act, holding
			 elections for tribal leaders that are in compliance with the Act, and has
			 restored the rights of all Cherokee Freedmen disenfranchised from the Cherokee
			 Nation in the March 3, 2007, Cherokee Nation vote), as determined by a final
			 certification under section 2(d).
			(b)Compliance with
			 the Requirements of the ActThe Secretary shall coordinate with all
			 departments and agencies of the United States Government to ensure that every
			 effort is being made by the United States Government to comply with this
			 Act.
			(c)Reports
				(1)Federal
			 agenciesNot later than 30
			 days after the date of the enactment of this Act, and continuing annually until
			 the final certification as determined under section 2(d), all departments and
			 agencies under the jurisdiction of the United States Government shall submit a
			 report to the Secretary describing—
					(A)all Federal
			 programs under their jurisdiction that provide financial assistance and other
			 services to the Cherokee Nation; and
					(B)the efforts that
			 are being undertaken comply with all requirements of this Act.
					(2)Status
			 reportsUntil the Secretary certifies to Congress that the
			 Cherokee Nation is in compliance with its treaty obligations, the Secretary
			 shall submit monthly public reports to Congress on the status of the United
			 States Government’s efforts to ensure that all departments and agencies of the
			 Federal Government are in compliance with the requirements of this Act.
				(3)Other freedman
			 IndiansNot later than 6 months after the date of the enactment
			 of this Act, the Secretary shall issue a public report to Congress on the
			 status of freedmen in the Cherokee, Choctaw, Chickasaw, Muscogee (Creek), and
			 Seminole Nations of Oklahoma. The report shall address whether each of those
			 Indian tribes is complying with all treaty obligations and Federal laws with
			 respect to its freedmen members, the level of participation of freedmen in
			 tribal leadership positions, tribal benefits received by the freedmen, and
			 previous or current efforts on the part of those Indian tribes to
			 disenfranchise its freedmen members.
				(d)Congressional
			 CertificationAfter the
			 Secretary has certified to Congress that the Cherokee Nation is in full
			 compliance with all its treaty obligations and Congress approves the
			 Secretary’s certification by a vote taken on a resolution introduced in both
			 chambers of Congress certifying that the Cherokee Nation is in full compliance
			 with its treaty obligations, the final certification of the Cherokee Nation’s
			 treaty compliance shall take effect.
			3.Suspension of
			 Right to Conduct Gaming Operations
			(a)In
			 GeneralThe Cherokee Nation's
			 authority to conduct gaming regulated under the Indian Gaming Regulatory Act
			 and to administer any funds from such gaming are suspended until such time that
			 the Cherokee Nation is in compliance with all treaty and other obligations with
			 the United States, as determined by a final certification under section
			 2(d).
			(b)ReportNot later than 30 days after the date of
			 the enactment of this Act, the National Indian Gaming Commission shall submit a
			 report to Congress detailing the actions that have been taken to enforce
			 subsection (a).
			4.Definitions
			(a)Cherokee
			 and Cherokee NationThe terms Cherokee and
			 Cherokee Nation mean the Cherokee Nation of Oklahoma.
			(b)Cherokee
			 Freedmen, Freedmen, and Black
			 CherokeesThe terms
			 Cherokee Freedmen, Freedmen, and Black
			 Cherokees refer to individuals who can trace their ancestry to
			 individuals listed on the 1906 Dawes Commission Roles for the Cherokee
			 Freedmen.
			(c)Other
			 Freedman IndiansThe
			 term Other Freedmen Indians refers to individuals who can trace
			 their ancestry to the 1906 Dawes Commission Rolls who are members of the
			 Choctaw, Chickasaw, Muscogee (Creek), and Seminole Nations.
			(d)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			5.Noncompliance
			(a)Effective
			 dateNotwithstanding any
			 decision by Congress under section 2(d) of this Act, the provisions of this Act
			 shall again take effect if at any future date the Secretary certifies to
			 Congress that the Cherokee Nation of Oklahoma is not in full compliance with
			 its treaty obligations or Federal statutes that govern its relations with the
			 United States Government.
			(b)Private
			 actionAny Cherokee Freedmen
			 shall have a private right to bring actions for injunctive relief, declaratory
			 relief, or monetary damages against the Cherokee Nation of Oklahoma, officials
			 of the Cherokee Nation of Oklahoma, or Federal officials for noncompliance with
			 this Act or for violations of the terms of the Treaty of 1866, the 13th
			 Amendment to the United States Constitution, or the Indian Civil Rights Act of
			 1968. The appropriate Federal courts shall have exclusive jurisdiction over
			 actions brought under this subsection.
			6.Department of
			 JusticeThe Attorney General
			 shall issue a finding on whether the Federal civil rights of the Cherokee
			 Freedmen have been violated by either the Cherokee Nation of Oklahoma or the
			 Department of the Interior, or both. Individual Freedmen shall also have a
			 private right of action to compel the Attorney General to investigate federal
			 civil rights violations and provide a determination of whether a violation has
			 occurred within 180 days of submitting a complaint describing the violation in
			 writing.
		7.GAO
			 Report on Expenditure of Federal FundsThe Government Accountability Office shall
			 issue a public report to Congress detailing for each of the 5 years ending
			 immediately before the report was completed the Cherokee Nation’s expenditure
			 of all Federal funds. The report shall include an analysis of Federal funds
			 allocated by the Cherokee Nation’s leadership for its member benefits and
			 services and for administrative and other purposes. The report shall determine
			 whether or not the Cherokee Nation is in full compliance with all Federal
			 regulations and laws regarding the management and disbursement of Federal
			 funds.


115 HR 1768 IH: End NHA Earmarking Act
U.S. House of Representatives
2017-03-28
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. 1768IN THE HOUSE OF REPRESENTATIVESMarch 28, 2017Mr. Russell introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo provide that no additional Federal funds may be made available for National Heritage Areas, and
			 for other purposes.

 1.Short titleThis Act may be cited as the End NHA Earmarking Act. 2.No additional Federal funds for National Heritage Areas (a)Prohibition on future fundingNo Federal funds may be made available for the National Heritage Partnership Program or for any National Heritage Area.
 (b)SavingsSubsection (a) shall not affect the availability of Federal funds made appropriated or otherwise made available before the date of the enactment of this Act.


109 HR 5674 IH: To require the President and the Office of the Global

U.S. House of Representatives
2006-06-22
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
		109th CONGRESS
		2d Session
		H. R. 5674
		IN THE HOUSE OF REPRESENTATIVES

			June 22, 2006
			Ms. Lee (for herself,
			 Mr. Leach,
			 Mr. Lantos,
			 Mrs. Maloney,
			 Ms. Corrine Brown of Florida,
			 Ms. Jackson-Lee of Texas,
			 Mr. Jefferson,
			 Mr. Payne,
			 Mr. Gutierrez,
			 Ms. Norton,
			 Mr. Honda,
			 Ms. Schakowsky,
			 Mr. McDermott,
			 Mr. Conyers,
			 Mr. Waxman,
			 Mr. Berman,
			 Ms. Woolsey,
			 Ms. Waters,
			 Mr. McGovern,
			 Mr. Crowley,
			 Mr. Brown of Ohio,
			 Mrs. McCarthy,
			 Mr. Wexler,
			 Mrs. Christensen,
			 Mr. Meeks of New York,
			 Ms. McCollum of Minnesota,
			 Mr. Capuano,
			 Mr. Shays,
			 Mr. Pallone,
			 Mrs. Capps,
			 Mr. Blumenauer,
			 Ms. McKinney,
			 Mr. Owens,
			 Mr. Cummings,
			 Mr. Carnahan,
			 Mr. Wynn, Ms. Solis, Mr.
			 Nadler, Mr. Davis of
			 Illinois, Mr. Stark,
			 Mr. Frank of Massachusetts,
			 Mr. Moran of Virginia,
			 Mr. Scott of Virginia,
			 Mr. Clyburn,
			 Mr. Delahunt,
			 Ms. Kilpatrick of Michigan,
			 Mr. Sanders,
			 Ms. Watson,
			 Mr. Rush, Mr. Kucinich, Mr.
			 Grijalva, Mr. Lewis of
			 Georgia, Mrs. Tauscher,
			 Mr. Jackson of Illinois,
			 Mr. Bishop of Georgia,
			 Ms. Carson, and
			 Ms. Harman) introduced the following
			 bill; which was referred to the Committee
			 on International Relations

		A BILL
		To require the President and the Office of the Global
		  AIDS Coordinator to establish a comprehensive and integrated HIV prevention
		  strategy to address the vulnerabilities of women and girls in countries for
		  which the United States provides assistance to combat HIV/AIDS, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Protection Against Transmission of HIV for Women and Youth Act of
			 2006.
		2.FindingsCongress finds the following:
			(1)Globally, the United Nations Joint Program
			 on AIDS (UNAIDS) estimates that at the end of 2005 there were more than
			 38,600,000 people infected with HIV/AIDS, the vast majority of whom are living
			 in the developing world.
			(2)According to the
			 World Health Organization (WHO) unprotected heterosexual sex is now the single
			 most important factor in the spread of HIV infections worldwide, representing
			 80 percent of new infections in sub-Saharan Africa.
			(3)According to
			 UNAIDS, women and adolescent girls account for about half of all HIV infections
			 worldwide. In sub-Saharan Africa, women and girls make up 60 percent of all
			 infections and 76 percent of infections among those ages 15–24.
			(4)Women and girls
			 are biologically, socially, and economically more vulnerable to HIV infection.
			 Gender disparities in the rate of HIV infection are the result of a number of
			 factors, including the following:
				(A)Cross generational
			 sex with older men who are more likely to be infected with HIV, and a lack of
			 choice regarding when and whom to marry, leading to early marriages and high
			 rates of child marriages with older men. About half of all adolescent females
			 in Africa and two-thirds of adolescent in Asia are married by age 18.
				(B)High rates of
			 infection within marriage. Research shows that married girls are more likely to
			 have unprotected sex and have far more frequent sex than their unmarried peers,
			 indicating that marriage cannot be considered a protective factor against HIV
			 infection.
				(C)An inability to
			 negotiate safe sex in marriage or with regular partners. Studies show that
			 married women and married and unmarried adolescent females often are unable to
			 negotiate the frequency and timing of sexual intercourse, ensure their
			 partner’s faithfulness, or insist on condom use. Women often run the risk of
			 being infected by husbands or male partners in societies where it is common or
			 accepted for men to have more than one partner.
				(D)Social and
			 economic inequalities based largely on gender which limit access for women and
			 girls to education and employment opportunities and which prevent them from
			 asserting their inheritance and property rights. For many women, a lack of
			 independent economic means sustains their fear of abandonment, eviction, or
			 ostracism from their homes and communities, and can leave many more of them
			 trapped within relationships where they are vulnerable to HIV infection.
				(E)A lack of
			 educational opportunities for women and girls which are linked to delayed
			 intercourse, increased age-at-marriage, delayed childbearing, increased child
			 survival, improved nutrition, and reduced risk of HIV infection, among other
			 positive outcomes.
				(F)High rates of
			 gender-based violence, rape, and sexual coercion within and outside of
			 marriage. According to the WHO, between one-sixth and three-quarters of women
			 in various countries and settings have experienced some form of physical or
			 sexual violence since age 15.
				(G)Fear of domestic
			 violence and the continuing stigma and discrimination associated with HIV/AIDS
			 prevents many women from accessing information about HIV/AIDS, getting tested,
			 disclosing their HIV status, accessing services to prevent mother-to-child
			 transmission, or receiving treatment and counseling even when they already know
			 they have been infected with HIV.
				(H)An increase in
			 commercial sex for survival, due to pervasive poverty, social dislocation, war
			 and internal conflicts, and other factors. According to UNAIDS, the
			 vulnerability of sex workers to HIV infection is heightened by stigmatization
			 and marginalization, limited economic options, limited access to health,
			 social, and legal services, limited access to information and prevention means,
			 gender-related differences and inequalities, sexual exploitation and
			 trafficking, harmful or nonprotective legislation and policies, and exposure to
			 risks associated with commercial sex such as violence, substance use, and
			 increased mobility.
				(I)Lack of access to
			 basic HIV prevention information, education, and services, and lack of
			 coordination with existing reproductive health services to reduce stigma and
			 maximize coverage.
				(J)Lack of access to
			 currently available female-controlled HIV prevention methods, such as the
			 female condom, and lack of training on proper use of either male or female
			 condoms.
				(K)High rates of other
			 sexually transmitted infections, unintended pregnancy, and complications during
			 pregnancy and childbirth.
				(L)An absence of
			 legal frameworks designed to protect the rights of women and girls and the lack
			 of accountable and effective enforcement of such frameworks, where they
			 exist.
				(5)Efforts to
			 increase women’s access to comprehensive prevention information and services,
			 address gender violence, increase women’s economic and social status, and
			 foster equitable partnerships between women and men are all central to reducing
			 the spread of HIV/AIDS worldwide and to enhancing the success of effective
			 treatment and care programs supported by the United States.
			(6)The comprehensive,
			 integrated, five-year strategy to combat global HIV/AIDS submitted to Congress
			 on February 23, 2004, as required by section 101 of the United States
			 Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
			 108–25; 22 U.S.C. 7611), does not adequately focus or provide sufficient
			 details on how the United States Government plans to address the factors that
			 lead to gender disparities in the rate of HIV infection in order to
			 successfully prevent HIV infection among both married and unmarried women and
			 girls.
			3.Strategy to
			 prevent HIV infections among married and unmarried women and girls
			(a)Statement of
			 policyIn order to meet the stated goal of preventing 7,000,000
			 new HIV infections worldwide, as announced by President George W. Bush in his
			 address to Congress on January 28, 2003, it shall be the policy of the United
			 States to pursue a global HIV prevention strategy that emphasizes the immediate
			 and ongoing needs of married and unmarried women and girls and addresses the
			 factors that lead to gender disparities in the rate of HIV infection.
			(b)StrategyNot later than 180 days after the date of
			 the enactment of this Act, the President shall formulate and submit to the
			 appropriate congressional committees, and make available to the public, a
			 comprehensive, integrated, and culturally appropriate global HIV prevention
			 strategy that addresses the vulnerabilities of married and unmarried women and
			 girls to HIV infection and seeks to reduce the factors that lead to gender
			 disparities in the rate of HIV infection. The strategy shall encompass
			 comprehensive health and HIV prevention education at the individual and
			 population level beyond the ABC model (Abstain, Be faithful, use
			 Condoms) as a means to reduce HIV infections and shall include the
			 following strategies:
				(1)Empowering women
			 and girls to avoid cross-generational sex and to decide when and whom to marry
			 in order to reduce the incidence of early- or child-marriage.
				(2)Dramatically
			 increasing access to currently available female-controlled prevention methods
			 and including investments in training to increase the effective and consistent
			 use of both male and female condoms.
				(3)Accelerating the
			 destigmatization of HIV/AIDS, as women are generally at a disadvantage in
			 combating stigma.
				(4)Addressing gender
			 based violence and rape against women and girls.
				(5)Promoting male
			 attitudes and behavior that respect the human rights of women and girls and
			 that support and foster gender equality.
				(6)Supporting the
			 development of micro-enterprise initiatives, job training programs, and other
			 such efforts to assist women in developing and retaining independent economic
			 means.
				(7)Supporting
			 expanded educational opportunities for women and girls.
				(8)Protecting the
			 property and inheritance rights of women.
				(9)Coordinating HIV
			 prevention information and education services with existing health care
			 services targeted to women and girls, such as family planning, comprehensive
			 reproductive health services, and programs to reduce the transmission of HIV
			 between parents and children, and expanding the reach of such health
			 services.
				(10)Promoting gender
			 equality by supporting the development of civil society organizations focused
			 on the needs of women and utilizing such organizations that are already
			 empowering women and girls at the community level.
				(11)Encouraging the
			 creation and effective enforcement of legal frameworks that guarantee women
			 equal rights and equal protection under the law.
				(12)Responding to
			 other economic and social factors that increase the vulnerability of women and
			 girls to HIV infection.
				(c)CoordinationIn formulating and implementing the global
			 HIV prevention strategy pursuant to subsection (b), the President shall ensure
			 that the United States coordinates its overall HIV/AIDS policy and programs
			 with the national governments of the countries for which the United States
			 provides assistance to combat HIV/AIDS and with international organizations,
			 other donor countries and indigenous organizations, including specifically
			 organizations focused on expanding and enforcing women’s rights, improving
			 women’s health, and expanding education for women and girls, and organizations
			 advocating on behalf of individuals infected with and affected by
			 HIV/AIDS.
			(d)GuidanceThe
			 President shall provide clear guidance to field missions of the United States
			 Government in countries for which the United States provides assistance to
			 combat HIV/AIDS, based on the strategies specified under subsection (b), and
			 shall submit to the appropriate congressional committees and make available to
			 the public such guidance. Such guidance shall also include operational
			 definitions and a clear articulation of acceptable and prohibited activities
			 related to funding limitations for organizations working with vulnerable and
			 marginalized populations such as commercial sex workers, in accordance with
			 subsections (e) and (f) of section 301 of the United States Leadership Against
			 HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25; 22 U.S.C.
			 7631).
			(e)Monitoring and
			 evaluation system
				(1)In
			 generalThe President shall develop and implement a monitoring
			 and evaluation system in order to measure the effectiveness of United States
			 assistance in preventing HIV infection among women and girls and in addressing
			 the factors that lead to gender disparities in the rate of HIV
			 infection.
				(2)RequirementsFor
			 each of the countries for which the United States provides assistance to combat
			 HIV/AIDS, and in consultation with national governments, international
			 organizations, indigenous organizations, and other donor countries, the
			 monitoring and evaluation system under this subsection shall—
					(A)establish
			 performance goals for such assistance and express such goals in an objective
			 and quantifiable form, to the maximum extent practicable;
					(B)establish
			 performance indicators to be used in measuring or assessing the achievement of
			 the performance goals established pursuant to subparagraph (A);
					(C)measure rates of
			 HIV incidence and prevalence among women and girls by age and marital
			 status;
					(D)measure rates of
			 marriage for girls under the age of 18;
					(E)measure rates for
			 children in school;
					(F)measure access
			 rates to primary health care, including primary reproductive health and HIV
			 prevention programs, services, and technologies;
					(G)measure
			 utilization rates by married and unmarried women of HIV prevention services and
			 commodities directly funded or supported by the United States;
					(H)measure rates of
			 reported gender-based violence and sexual coercion; and
					(I)measure the
			 prevalence of social norms and beliefs supporting gender-based violence among
			 women and men, to the maximum extent practicable.
					(3)Use of
			 scientific surveysWhere appropriate, the President may utilize
			 any existing scientific surveys to augment the measurements required under
			 subparagraphs (C) through (I) of paragraph (2).
				(f)ReportNot
			 later than one year after the date of the enactment of this Act and annually
			 thereafter as part of the annual report required under section 104A(e) of the
			 Foreign Assistance Act of 1961 (22 U.S.C. 2151b–2(e)) the President shall
			 submit to the appropriate congressional committees and make available to the
			 public a report on the implementation of this Act for the prior fiscal year.
			 The report shall include the following information:
				(1)The results of the
			 monitoring and evaluation system required under subsection (e).
				(2)A
			 description of the prevention programs designed to address the vulnerabilities
			 to HIV/AIDS of married and unmarried women and girls.
				(3)A
			 list of all nongovernmental organizations in each country that receive
			 assistance from the United States to carry out HIV prevention activities,
			 including the amount and the source of funding received.
				4.Balancing funding
			 for HIV prevention methods
			(a)FindingsCongress
			 finds the following:
				(1)While effective
			 evidence-based and measurable strategies for delaying sexual debut are critical
			 components of comprehensive HIV prevention programs, current United States
			 funded HIV prevention programs based on the ABC model of Abstain, Be
			 faithful, use Condoms are too narrow in scope and do not respond to the
			 specific vulnerabilities of women and girls.
				(2)In order to
			 maximize the impact of United States foreign assistance to combat HIV/AIDS, all
			 sexually active persons in each country must be equipped with all the skills
			 and tools necessary to avoid infection, including information and training on
			 delay of sexual debut and the practice of safer sex, whether sexual activity
			 begins within or outside of marriage.
				(3)Under section
			 403(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and
			 Malaria Act of 2003 (Public Law 108–25; 22 U.S.C. 7673), 33 percent of all
			 United States foreign assistance provided for preventing the spread of HIV must
			 be spent on abstinence-until-marriage programs. Based on operational guidance
			 to field missions of the United States Government, in order to meet this
			 requirement, 50 percent of all United States foreign assistance provided for
			 preventing the spread of HIV at the country level must be spent on prevention
			 of sexual transmission and 66 percent of all such funding for sexual
			 transmission must be spent on the Abstinence and Be faithful components of the
			 ABC model.
				(4)A
			 recent report by the Government Accountability Office (Global Health: Spending
			 Requirement Presents Challenges for Allocating Prevention Funding under the
			 President’s Emergency Plan for AIDS Relief, GAO–06–395, April 4, 2006) found
			 the following:
					(A)Because it requires country teams to
			 segregate the Abstinence and Be faithful components of the ABC model from
			 funding for other prevention, the abstinence-until-marriage
			 spending requirement can undermine the teams’ ability to design and implement
			 programs that integrate the components of the ABC model, one of the guiding
			 principles of the President’s Emergency Plan for AIDS Relief (PEPFAR) sexual
			 transmission prevention strategy. Eight of the 15 focus country teams indicated
			 that segregating the Abstinence and Be faithful components of the ABC model
			 from other prevention funding compromised the integration of
			 their programs. Examples of the problems they cited include the
			 following:
						(i)Segregating
			 program funding compromises the integration of ABC activities, especially for
			 at-risk groups that need comprehensive messages.
						(ii)Segregating
			 program funding limits some country teams’ ability to shift program focuses to
			 meet changing prevention needs.
						(B)A large majority
			 of the 20 PEPFAR country teams required to meet the abstinence-until-marriage
			 spending requirement or obtain exemptions reported that the requirement
			 presented challenges to their efforts to respond to local prevention needs.
			 Seventeen of these teams reported, either through documents submitted to Office
			 of the Global AIDS Coordinator (OGAC) or through structured interviews, that
			 meeting the spending requirement, including OGAC’s 50 percent and 66 percent
			 policies implementing it, challenged their ability to develop interventions
			 that are responsive to local epidemiology and social norms.
					(C)Between September
			 2005 and January 2006, ten of these teams submitted documents to OGAC
			 requesting exemption from the spending requirement as it was defined in OGAC’s
			 August 2005 guidance. These documents highlight various challenges that the
			 country teams associated with meeting the spending requirement, including the
			 following:
						(i)Reduced spending
			 for Prevention of Mother to Child Transmission (PMTCT).
						(ii)Limited funding
			 to deliver appropriate prevention messaging to high-risk groups.
						(iii)Lack of
			 responsiveness to cultural and social norms.
						(iv)Cuts in medical
			 and blood safety activities.
						(v)Elimination of care
			 programs.
						(D)In addition, seven
			 teams that did not submit documents requesting exemption from the spending
			 requirement (they did not meet OGAC’s proposed criteria for requesting
			 exemptions) identified, in structured interviews, specific program constraints
			 related to meeting the abstinence-until-marriage spending requirement. These
			 constraints included the following:
						(i)Difficulty
			 reaching certain populations with comprehensive ABC messages.
						(ii)Limited or
			 reduced funding for programs targeted at high-risk groups.
						(iii)Reduced funding
			 for PMTCT services.
						(iv)Difficulty
			 funding programs for condom procurement and condom social marketing.
						(b)Statement of
			 policyIn carrying out the activities required by the United
			 States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
			 (Public Law 108–25; 22 U.S.C. 7601 et seq.) and the amendments made by that
			 Act, it shall be the policy of the United States—
				(1)to
			 provide flexibility to support the implementation of culturally appropriate HIV
			 prevention programs that are carried out in accordance with the global HIV
			 prevention strategy established pursuant to section 3 of this Act;
				(2)to ensure that
			 onerous requirements are not imposed with respect to how funds made available
			 for such programs can be obligated and expended; and
				(3)to prevent the
			 unnecessary reduction in funding for effective HIV programs in order to meet
			 such onerous requirements.
				(c)Amendments to
			 funding provisions of United States Leadership Against HIV/AIDS, Tuberculosis,
			 and Malaria Act of 2003
				(1)Sense of
			 congressSection 402(b)(3) of the United States Leadership
			 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7672(b)(3))
			 is amended by striking , of which such amount at least 33 percent should
			 be expended for abstinence-until-marriage programs.
				(2)Allocation of
			 fundsSection 403(a) of such Act (22 U.S.C. 7673(a)) is amended
			 by striking the second sentence.
				5.DefinitionsIn this Act:
			(1)AIDSThe
			 term AIDS means the acquired immune deficiency syndrome.
			(2)Appropriate
			 congressional committeesThe term appropriate
			 congressional committees means the Committee on International Relations
			 of the House of Representatives and the Committee on Foreign Relations of the
			 Senate.
			(3)HIVThe
			 term HIV means the human immunodeficiency virus, the pathogen
			 that causes AIDS.
			(4)HIV/AIDSThe
			 term HIV/AIDS means, with respect to an individual, an
			 individual who is infected with HIV or living with AIDS.


		III
		112th CONGRESS
		1st Session
		S. RES. 120
		IN THE SENATE OF THE UNITED STATES

			March 31, 2011
			Mrs. Murray (for herself
			 and Ms. Cantwell) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the 1 year anniversary of the
		  April 2, 2010, fire and explosion at the Tesoro refinery in Anacortes,
		  Washington.

		Whereas the State of Washington, the community of
			 Anacortes, the Tesoro Refining and Marketing Company, and the United
			 Steelworkers experienced a tragedy on April 2, 2010, when a fire occurred at
			 the Tesoro refinery in Anacortes, Washington;
		Whereas 7 workers died as a result of the tragedy: Daniel
			 J. Aldridge, Matthew C. Bowen, Donna Van Dreumel, Matt Gumbel, Darrin J.
			 Hoines, Lew Janz, and Kathryn Powell;
		Whereas the United States Chemical Safety and Hazard
			 Investigation Board continues to investigate and review the April 2, 2010,
			 refinery fire, and procedures and processes to prevent future tragedies from
			 occurring;
		Whereas the Washington State Department of Labor and
			 Industries issued a Citation and Notice of Assessment covering 44 violations of
			 State workplace safety and health regulations at the Anacortes work site (which
			 are being appealed); and
		Whereas the fire and explosion at the Tesoro refinery is a
			 reminder of the dangerous nature of refinery operations around the Nation: Now,
			 therefore, be it

		That the Senate—
			(1)expresses sincere
			 condolences to the families, loved ones, United Steelworkers, fellow workers,
			 and the Anacortes community concerning the tragedy at the Tesoro refinery in
			 Anacortes, Washington;
			(2)honors Daniel J.
			 Aldridge, Matthew C. Bowen, Donna Van Dreumel, Matt Gumbel, Darrin J. Hoines,
			 Lew Janz, and Kathryn Powell; and
			(3)expresses support
			 for the efficient and safe operation of our Nation’s oil refineries.