116 HR 4523 IH: Nonprofit Property Protection Act
U.S. House of Representatives
2019-09-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4523IN THE HOUSE OF REPRESENTATIVESSeptember 26, 2019Mr. Green of Texas (for himself, Mr. Lawson of Florida, Mr. Panetta, Ms. Jackson Lee, Mr. Meeks, Mr. García of Illinois, and Mr. Clay) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Liability Risk Retention Act of 1986 to expand the types of commercial insurance
			 authorized for risk retention groups serving nonprofit organizations, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Nonprofit Property Protection Act . 2.Commercial insuranceThe Liability Risk Retention Act of 1986 is amended—
 (1)in section 2(a) (15 U.S.C. 3901(a))— (A)in paragraph (6), by striking and at the end;
 (B)in paragraph (7)(B), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new paragraph:

 (8)commercial insurance includes all forms of commercial insurance, except that such term does not include health, life, or disability insurance or workers compensation insurance.;
 (2)in section 3(b) (15 U.S.C. 3902(b))— (A)in paragraph (2), by striking and at the end;
 (B)in paragraph (3), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new paragraph:

 (4)subject to subsection (i) of this section, the provision of other lines of commercial insurance by a risk retention group to an organization organized and operated exclusively for purposes identified under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), provided that—
 (A)the risk retention group serves nonprofit organizations with tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3));
 (B)the risk retention group has been chartered or licensed as an insurance company under the laws of a State and authorized to engage in the business of insurance under the laws of such State;
 (C)the risk retention group has engaged in the business of insurance pursuant to the charter or license and authority described in subparagraph (B) for a period not less than ten consecutive years;
 (D)the risk retention group maintains capital and surplus of at least $10,000,000, as calculated in accordance with accounting principles generally accepted in the United States; and
 (E)the total insured value of the risks covered by the initial policy for other forms of commercial insurance provided by a risk retention group to any one member of the risk retention group does not exceed $50,000,000, provided further that—
 (i)the amount specified in this paragraph shall, beginning one year after the date of the enactment of the Nonprofit Property Protection Act and on an annual basis thereafter, be adjusted by a percentage equal to the estimated percentage increase, if any, in the Consumer Price Index, which adjustment shall be subject to approval by the risk retention group’s domicile state regulator; and
 (ii)for purposes of this paragraph, any computation of total insured value shall exclude liability insurance coverage provided by a risk retention group to any member as authorized pursuant to this Act.; and
 (3)in section 3 (15 U.S.C. 3902), by adding at the end the following new subsection:  (i)State authority To restrict forms of commercial insurance other than liability (1)Requirements for restrictionSubject to paragraph (2), a risk retention group may not commence offering forms of commercial insurance other than liability in a State if the insurance regulatory authority for such State makes publicly available on a website of such authority the identities of three or more licensed admitted carriers in such State that—
 (A)have filed forms, rates, and rules for monoline property coverage written on the property portion of a businessowners policy and monoline automobile physical damage coverage;
 (B)have active in-force policies of monoline property and monoline automobile physical damage coverage issued to nonprofit organizations in such State at the time the information required under this paragraph is initially made publicly available; and
 (C)the monoline property and monoline automobile physical damage coverages offered by each such carrier are easily accessible in such State to nonprofit organizations through the independent broker marketplace.
 (2)Treatment of risk retention groups with in-force policiesAny risk retention group having an active, in-force commercial insurance policy authorized in subsection (b)(4) in a State at the time that the information required under paragraph (1) for such State is initially made publicly available, shall remain authorized to continue to write commercial insurance pursuant to subsection (b)(4).
 (3)DefinitionFor purposes of this subsection, the term nonprofit organization means an organization with tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3))..
 3.Conforming and clarifying amendmentsThe Liability Risk Retention Act of 1986 is further amended— (1)in section 2(a)(4) (15 U.S.C. 3901(a)(4))—
 (A)in subparagraph (C)(i), by striking a liability and inserting an; and (B)in subparagraph (G)—
 (i)in clause (i), by inserting or other commercial after liability each place such term appears; and (ii)in clause (ii), by inserting or other commercial after liability;
 (2)in section 3 (15 U.S.C. 3902)— (A)in subsection (a)(1)(C), by inserting or other commercial after liability; and
 (B)in subsection (d)(1)(B), by inserting or other commercial after liability; and (3)in section 6(b) (15 U.S.C. 3905(b)), by inserting or other forms of commercial  before insurance by a risk retention group.
 4.Amendment to short titleSection 1 of the Liability Risk Retention Act of 1986 (15 U.S.C. 3901 note) is amended by striking Liability Risk Retention Act of 1986 and inserting Risk Retention Act of 1986.


116 HR 7590 IH: To establish in the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security a pilot program for the purpose of carrying out a talent exchange program between the private sector and the Cybersecurity and Infrastructure Security Agency, and for other purposes.
U.S. House of Representatives
2020-07-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7590IN THE HOUSE OF REPRESENTATIVESJuly 13, 2020Mr. Katko (for himself, Mr. Brindisi, and Mr. Gallagher) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo establish in the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security a pilot program for the purpose of carrying out a talent exchange program between the private sector and the Cybersecurity and Infrastructure Security Agency, and for other purposes.1.Establishment of public-private talent exchange for cybersecurity skills development(a)PurposeThere is established, within the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, a pilot program for the purpose of carrying out a talent exchange program between the private sector and the Cybersecurity and Infrastructure Security Agency (in this section referred to as the program) in order to—(1)facilitate collaboration with the best and most diverse minds from outside the Federal Government to improve national security;(2)incorporate public and private sector talent to challenge thinking, test innovative ideas, and enable greater understanding on cybersecurity, bringing public and private sector expertise together in a way that helps both sectors learn lessons, identify systemic vulnerabilities, and reduce the future impact of cyber attacks; and(3)expand existing Cybersecurity and Infrastructure Security Agency programs that integrate private sector and interagency personnel.(b)RequirementsIn carrying out the program, the Director of the Cybersecurity and Infrastructure Security Agency shall—(1)promote public-private cooperation and intelligence sharing;(2)develop and publicize the knowledge, skills, and abilities, including relevant education, training, apprenticeships, certifications, and other experiences, that are required to participate in the program;(3)provide for participation by cleared and uncleared public and private employees; and(4)develop a plan and application process for the private sector to participate in the program.(c)Assignment authorityThe Director of the Cybersecurity and Infrastructure Security Agency may, with the agreement of a private sector entity and the consent of a employee of the Agency or such entity, as the case may be, arrange for the temporary assignment of—(1)such employee of the Agency to such entity; or(2)such employee of such entity to the Agency.(d)Agreements(1)In generalBefore any temporary assignment may be made under the program, the Director of the Cybersecurity and Infrastructure Security Agency shall enter into a written agreement with the private sector entity and the employee concerned regarding the terms and conditions of such assignment, which shall—(A)require that an employee of the Cybersecurity and Infrastructure Security Agency, upon completion of such assignment, serve in the Cybersecurity and Infrastructure Security Agency, or, if appropriate, elsewhere in the civil service, for a period of time equal to at least twice the length of such assignment;(B)provide that if an employee of the Cybersecurity and Infrastructure Security Agency or of the private sector entity, as the case may be, fails to abide by the terms of such agreement, such employee shall be liable to the United States for payment of all expenses of the assignment of such employee, including the value of the salary and benefits of such employee, unless such failure was for good cause as determined by the Director of the Cybersecurity and Infrastructure Security Agency; and(C)contain language prohibiting an employee of the Cybersecurity and Infrastructure Security Agency from improperly utilizing pre-decisional or draft deliberative information such employee may be privy to or aware of related to Department of Homeland Security programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private sector entity at which such employee is temporarily assigned.(2)Collection of costs(A)In generalAn amount for which an employee is liable under paragraph (1)(B) shall be treated as a debt due the United States.(B)WaiverThe Director may waive, in whole or in part, collection of a debt described in subparagraph (A) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee concerned.(e)TerminationAn assignment under the program may, at any time and for any reason, be terminated by the Director of the Cybersecurity and Infrastructure Security Agency or the private sector entity concerned.(f)Duration(1)In generalAn assignment under the program shall be for a period of not less than one year and not more than three years.(2)CISA employeesNo employee of the Cybersecurity and Infrastructure Security Agency may be assigned under the program for more than a total of four years inclusive of all such assignments.(g)Status of Federal employees assigned to private-Sector entitiesAn employee of the Cybersecurity and Infrastructure Security Agency who is assigned to a private sector entity under the program shall be considered, during the period of such assignment, to be employed by the Cybersecurity and Infrastructure Security Agency for all purposes.(h)Mission continuityBefore authorizing the temporary assignment of an employee of the Cybersecurity and Infrastructure Security Agency to a private sector entity under the program, the Director of the Cybersecurity and Infrastructure Security Agency shall—(1)ensure that the normal duties and functions of such employee can be reasonably performed by other employees of the Cybersecurity and Infrastructure Security Agency without the permanent transfer or reassignment of other personnel of the Cybersecurity and Infrastructure Security Agency;(2)ensure that the normal duties and functions of such employee are not, as a result of and during the course of such assignment, performed or augmented by contractor personnel in violation of section 1710 of title 41, United States Code; and(3)certify that such assignment shall not have an adverse or negative impact on mission attainment or organizational capabilities associated with such assignment.(i)Terms and conditions for private-Sector employeesAn employee of a private sector entity who is assigned to the Cybersecurity and Infrastructure Security Agency under the program—(1)shall continue to receive pay and benefits from the private sector entity from which such employee is assigned and may not receive pay or benefits from the Cybersecurity and Infrastructure Security Agency;(2)may not have access to any trade secrets or to any other nonpublic information which is of commercial value to such private sector entity;(3)may perform work that is considered inherently governmental in nature only when requested in writing by the Director of the Cybersecurity and Infrastructure Security Agency; and(4)may not be used to circumvent the provisions of section 1710 of title 41, United States Code.(j)Reporting requirementThe Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, not later than 1 month after the end of the fiscal year involved, a report on any activities carried out utilizing the authorities provided by this section during that fiscal year, including information concerning—(1)the private sector entities to and from which employees were assigned under the program;(2)the positions such employees held while so assigned;(3)a description of the tasks such employees performed while so assigned; and(4)a discussion of any actions that might be taken to improve the effectiveness of the program, including any proposed changes in law.(k)Sense of CongressIt is the sense of Congress that—(1)value is derived from the program when participants are meaningfully integrated into their host entities, which will often require a personnel security clearance process for participants from the private sector;(2)the success of the program, and the workforce development efforts critical for the success of key national security priorities more generally, are severely hampered by the current personnel security clearance process; and(3)until such time as the wait times for personnel security clearances meet the stated goals of Federal departments and agencies, in order to implement the program, the Director of the Cybersecurity and Critical Infrastructure Agency should encourage—(A)declassification of information as broadly and quickly as possible; and(B)participation of the private sector at the unclassified level to promote open dialogue and information sharing outside the classified space.


113 HR 3352 IH: To amend the Honoring the Families of Fallen Soldiers Act to provide a permanent appropriation of funds for the payment of death gratuities and related benefits for survivors of deceased military service members in event of any future period of lapsed appropriations.
U.S. House of Representatives
2013-10-28
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.

I
113th CONGRESS 1st Session
H. R. 3352
IN THE HOUSE OF REPRESENTATIVES

October 28, 2013
Mr. Connolly (for himself and Mr. Rooney) introduced the following bill; which was referred to the Committee on Appropriations

A BILL
To amend the Honoring the Families of Fallen Soldiers Act to provide a permanent appropriation of funds for the payment of death gratuities and related benefits for survivors of deceased military service members in event of any future period of lapsed appropriations.

1.Permanent appropriation of funds for payment of death gratuities and related benefits for survivors of deceased military service members in event of a period of lapsed appropriations
(a)AppropriationThe Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014 (also known as the Honoring the Families of Fallen Soldiers Act; Public Law 113–44) is amended—
(1)in the matter preceding section 101, by inserting after fiscal year 2014 the following: and subsequent fiscal years whenever there is a period of lapsed appropriations; and
(2)in section 101, by adding at the end the following new subsection:

(c)
(1)During any subsequent period of lapsed appropriations during a fiscal year, such amounts as may be necessary, at a rate for operations as provided for the most recent fiscal year for which an Act making appropriations for the Department of Defense has been enacted and under the authority and conditions provided in such Act, for Operation and Maintenance and Military Personnel accounts for the purpose of making the payments described in paragraphs (1) through (4) of subsection (a) during the period of lapsed appropriations.
(2)In paragraph (1) and section 103, the term period of lapsed appropriations means any period of time after the start of a fiscal year for which interim (other than pursuant to subsection (a) or paragraph (1)) or full-year appropriations for the accounts referred to in paragraph (1) are not in effect..
(b)DurationSection 103 of the Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014 (also known as the Honoring the Families of Fallen Soldiers Act; Public Law 113–44) is amended to read as follows:

103.Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available whenever there is a period of lapsed appropriations for the duration of the period of lapsed appropriations..


114 S465 RS: Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2015
U.S. Senate
2015-02-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 221114th CONGRESS1st SessionS. 465[Report No. 114–141]IN THE SENATE OF THE UNITED STATESFebruary 11, 2015Mr. Kaine (for himself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsSeptember 10, 2015Reported by Mr. Barrasso, without amendmentA BILLTo extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian
			 Tribe—Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe,
			 Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe.

		1.Short title; table of
			 contents
			(a)Short
 TitleThis Act may be cited as the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2015. (b)Table of ContentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Indian Child Welfare Act of 1978.Title I—Chickahominy Indian TribeSec. 101. Findings.Sec. 102. Definitions.Sec. 103. Federal recognition.Sec. 104. Membership; governing documents.Sec. 105. Governing body.Sec. 106. Reservation of the Tribe.Sec. 107. Hunting, fishing, trapping, gathering, and water
				rights.Title II—Chickahominy Indian Tribe—Eastern DivisionSec. 201. Findings.Sec. 202. Definitions.Sec. 203. Federal recognition.Sec. 204. Membership; governing documents.Sec. 205. Governing body.Sec. 206. Reservation of the Tribe.Sec. 207. Hunting, fishing, trapping, gathering, and water
				rights.Title III—Upper Mattaponi TribeSec. 301. Findings.Sec. 302. Definitions.Sec. 303. Federal recognition.Sec. 304. Membership; governing documents.Sec. 305. Governing body.Sec. 306. Reservation of the Tribe.Sec. 307. Hunting, fishing, trapping, gathering, and water
				rights.Title IV—Rappahannock Tribe, Inc.Sec. 401. Findings.Sec. 402. Definitions.Sec. 403. Federal recognition.Sec. 404. Membership; governing documents.Sec. 405. Governing body.Sec. 406. Reservation of the Tribe.Sec. 407. Hunting, fishing, trapping, gathering, and water
				rights.Title V—Monacan Indian NationSec. 501. Findings.Sec. 502. Definitions.Sec. 503. Federal recognition.Sec. 504. Membership; governing documents.Sec. 505. Governing body.Sec. 506. Reservation of the Tribe.Sec. 507. Hunting, fishing, trapping, gathering, and water
				rights.Title VI—Nansemond Indian TribeSec. 601. Findings.Sec. 602. Definitions.Sec. 603. Federal recognition.Sec. 604. Membership; governing documents.Sec. 605. Governing body.Sec. 606. Reservation of the Tribe.Sec. 607. Hunting, fishing, trapping, gathering, and water
				rights.Title VII—Eminent domainSec. 701. Limitation.
			2.Indian Child
 Welfare Act of 1978Nothing in this Act affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
		IChickahominy
			 Indian Tribe
 101.FindingsCongress finds that— (1)in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was 1 of about 30 tribes that received them;
 (2)in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which—
 (A)the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and
 (B)Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance;
 (3)in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York Mattaponi River in present-day King William County, leading to the formation of a reservation;
 (4)in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy;
 (5)in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base;
 (6)in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College;
 (7)a Chickahominy child was 1 of the first Indians to attend Brafferton College;
 (8)in 1750, the Chickahominy Indian Tribe began to migrate from King William County back to the area around the Chickahominy River in New Kent and Charles City Counties;
 (9)in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife;
 (10)in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records;
 (11)in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church;
 (12)from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education;
 (13)the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary;
 (14)in 1919, C. Lee Moore, Auditor of Public Accounts for Virginia, told Chickahominy Chief O.W. Adkins that he had instructed the Commissioner of Revenue for Charles City County to record Chickahominy tribal members on the county tax rolls as Indian, and not as White or colored;
 (15)during the period of 1920 through 1930, various Governors of the Commonwealth of Virginia wrote letters of introduction for Chickahominy Chiefs who had official business with Federal agencies in Washington, DC;
 (16)in 1934, Chickahominy Chief O.O. Adkins wrote to John Collier, Commissioner of Indian Affairs, requesting money to acquire land for the Chickahominy Indian Tribe’s use, to build school, medical, and library facilities and to buy tractors, implements, and seed;
 (17)in 1934, John Collier, Commissioner of Indian Affairs, wrote to Chickahominy Chief O.O. Adkins, informing him that Congress had passed the Act of June 18, 1934 (commonly known as the Indian Reorganization Act) (25 U.S.C. 461 et seq.), but had not made the appropriation to fund the Act;
 (18)in 1942, Chickahominy Chief O.O. Adkins wrote to John Collier, Commissioner of Indian Affairs, asking for help in getting the proper racial designation on Selective Service records for Chickahominy soldiers;
 (19)in 1943, John Collier, Commissioner of Indian Affairs, asked Douglas S. Freeman, editor of the Richmond News-Leader newspaper of Richmond, Virginia, to help Virginia Indians obtain proper racial designation on birth records;
 (20)Collier stated that his office could not officially intervene because it had no responsibility for the Virginia Indians, as a matter largely of historical accident, but was interested in them as descendants of the original inhabitants of the region;
 (21)in 1948, the Veterans’ Education Committee of the Virginia State Board of Education approved Samaria Indian School to provide training to veterans;
 (22)that school was established and run by the Chickahominy Indian Tribe;
 (23)in 1950, the Chickahominy Indian Tribe purchased and donated to the Charles City County School Board land to be used to build a modern school for students of the Chickahominy and other Virginia Indian tribes;
 (24)the Samaria Indian School included students in grades 1 through 8;
 (25)in 1961, Senator Sam Ervin, Chairman of the Subcommittee on Constitutional Rights of the Committee on the Judiciary of the Senate, requested Chickahominy Chief O.O. Adkins to provide assistance in analyzing the status of the constitutional rights of Indians in your area;
 (26)in 1967, the Charles City County school board closed Samaria Indian School and converted the school to a countywide primary school as a step toward full school integration of Indian and non-Indian students;
 (27)in 1972, the Charles City County school board began receiving funds under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf of Chickahominy students, which funding is provided as of the date of enactment of this Act under title V of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aaa et seq.);
 (28)in 1974, the Chickahominy Indian Tribe bought land and built a tribal center using monthly pledges from tribal members to finance the transactions;
 (29)in 1983, the Chickahominy Indian Tribe was granted recognition as an Indian tribe by the Commonwealth of Virginia, along with 5 other Indian tribes; and
 (30)in 1985, Governor Gerald Baliles was the special guest at an intertribal Thanksgiving Day dinner hosted by the Chickahominy Indian Tribe.
 102.DefinitionsIn this title: (1)SecretaryThe term Secretary means the Secretary of the Interior.
				(2)Tribal
 memberThe term tribal member means— (A)an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
 (B)an individual who has been placed on the membership rolls of the Tribe in accordance with this title.
 (3)TribeThe term Tribe means the Chickahominy Indian Tribe.
				103.Federal
			 recognition
				(a)Federal
			 Recognition
					(1)In
 generalFederal recognition is extended to the Tribe. (2)Applicability of lawsAll laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this title shall be applicable to the Tribe and tribal members.
					(b)Federal Services
			 and Benefits
					(1)In
 generalOn and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe.
					(2)Service
 areaFor the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of New Kent County, James City County, Charles City County, and Henrico County, Virginia.
					104.Membership;
 governing documentsThe membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act.
			105.Governing
 bodyThe governing body of the Tribe shall be—
 (1)the governing body of the Tribe in place as of the date of enactment of this Act; or
 (2)any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
				106.Reservation of
			 the Tribe
				(a)In
 generalUpon the request of the Tribe, the Secretary of the Interior—
 (1)shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia; and
 (2)may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia.
					(b)Deadline for
 determinationThe Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
				(c)Reservation
 statusAny land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
 (d)GamingThe Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.
				107.Hunting,
 fishing, trapping, gathering, and water rightsNothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
			IIChickahominy
			 Indian Tribe—Eastern Division
 201.FindingsCongress finds that— (1)in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was 1 of about 30 tribes that received them;
 (2)in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which—
 (A)the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and
 (B)Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance;
 (3)in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York River in present-day King William County, leading to the formation of a reservation;
 (4)in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy;
 (5)in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base;
 (6)in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College;
 (7)a Chickahominy child was 1 of the first Indians to attend Brafferton College;
 (8)in 1750, the Chickahominy Indian Tribe began to migrate from King William County back to the area around the Chickahominy River in New Kent and Charles City Counties;
 (9)in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife;
 (10)in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records;
 (11)in 1870, a census revealed an enclave of Indians in New Kent County that is believed to be the beginning of the Chickahominy Indian Tribe—Eastern Division;
 (12)other records were destroyed when the New Kent County courthouse was burned, leaving a State census as the only record covering that period;
 (13)in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church;
 (14)from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education;
 (15)the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary;
 (16)in 1910, a 1-room school covering grades 1 through 8 was established in New Kent County for the Chickahominy Indian Tribe—Eastern Division;
 (17)during the period of 1920 through 1921, the Chickahominy Indian Tribe—Eastern Division began forming a tribal government;
 (18)E.P. Bradby, the founder of the Tribe, was elected to be Chief;
 (19)in 1922, Tsena Commocko Baptist Church was organized;
 (20)in 1925, a certificate of incorporation was issued to the Chickahominy Indian Tribe—Eastern Division;
 (21)in 1950, the 1-room Indian school in New Kent County was closed and students were bused to Samaria Indian School in Charles City County;
 (22)in 1967, the Chickahominy Indian Tribe and the Chickahominy Indian Tribe—Eastern Division lost their schools as a result of the required integration of students;
 (23)during the period of 1982 through 1984, Tsena Commocko Baptist Church built a new sanctuary to accommodate church growth;
 (24)in 1983 the Chickahominy Indian Tribe—Eastern Division was granted State recognition along with 5 other Virginia Indian tribes;
 (25)in 1985— (A)the Virginia Council on Indians was organized as a State agency; and
 (B)the Chickahominy Indian Tribe—Eastern Division was granted a seat on the Council;
 (26)in 1988, a nonprofit organization known as the United Indians of Virginia was formed; and
 (27)Chief Marvin Strongoak Bradby of the Eastern Band of the Chickahominy presently chairs the organization.
 202.DefinitionsIn this title: (1)SecretaryThe term Secretary means the Secretary of the Interior.
				(2)Tribal
 memberThe term tribal member means— (A)an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
 (B)an individual who has been placed on the membership rolls of the Tribe in accordance with this title.
 (3)TribeThe term Tribe means the Chickahominy Indian Tribe—Eastern Division.
				203.Federal
			 recognition
				(a)Federal
			 Recognition
					(1)In
 generalFederal recognition is extended to the Tribe. (2)Applicability of lawsAll laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this title shall be applicable to the Tribe and tribal members.
					(b)Federal Services
			 and Benefits
					(1)In
 generalOn and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all future services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe.
					(2)Service
 areaFor the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of New Kent County, James City County, Charles City County, and Henrico County, Virginia.
					204.Membership;
 governing documentsThe membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act.
			205.Governing
 bodyThe governing body of the Tribe shall be—
 (1)the governing body of the Tribe in place as of the date of enactment of this Act; or
 (2)any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
				206.Reservation of
			 the Tribe
				(a)In
 generalUpon the request of the Tribe, the Secretary of the Interior—
 (1)shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia; and
 (2)may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia.
					(b)Deadline for
 determinationThe Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
				(c)Reservation
 statusAny land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
 (d)GamingThe Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.
				207.Hunting,
 fishing, trapping, gathering, and water rightsNothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
			IIIUpper Mattaponi
			 Tribe
 301.FindingsCongress finds that— (1)during the period of 1607 through 1646, the Chickahominy Indian Tribes—
 (A)lived approximately 20 miles from Jamestown; and
 (B)were significantly involved in English-Indian affairs;
 (2)Mattaponi Indians, who later joined the Chickahominy Indians, lived a greater distance from Jamestown;
 (3)in 1646, the Chickahominy Indians moved to Mattaponi River basin, away from the English;
 (4)in 1661, the Chickahominy Indians sold land at a place known as the cliffs on the Mattaponi River;
 (5)in 1669, the Chickahominy Indians—
 (A)appeared in the Virginia Colony’s census of Indian bowmen; and
 (B)lived in New Kent County, which included the Mattaponi River basin at that time;
 (6)in 1677, the Chickahominy and Mattaponi Indians were subjects of the Queen of Pamunkey, who was a signatory to the Treaty of 1677 with the King of England;
 (7)in 1683, after a Mattaponi town was attacked by Seneca Indians, the Mattaponi Indians took refuge with the Chickahominy Indians, and the history of the 2 groups was intertwined for many years thereafter;
 (8)in 1695, the Chickahominy and Mattaponi Indians—
 (A)were assigned a reservation by the Virginia Colony; and
 (B)traded land of the reservation for land at the place known as the cliffs (which, as of the date of enactment of this Act, is the Mattaponi Indian Reservation), which had been owned by the Mattaponi Indians before 1661;
 (9)in 1711, a Chickahominy boy attended the Indian School at the College of William and Mary;
 (10)in 1726, the Virginia Colony discontinued funding of interpreters for the Chickahominy and Mattaponi Indian Tribes;
 (11)James Adams, who served as an interpreter to the Indian tribes known as of the date of enactment of this Act as the Upper Mattaponi Indian Tribe and Chickahominy Indian Tribe, elected to stay with the Upper Mattaponi Indians;
 (12)today, a majority of the Upper Mattaponi Indians have Adams as their surname;
 (13)in 1787, Thomas Jefferson, in Notes on the Commonwealth of Virginia, mentioned the Mattaponi Indians on a reservation in King William County and said that Chickahominy Indians were blended with the Mattaponi Indians and nearby Pamunkey Indians;
 (14)in 1850, the census of the United States revealed a nucleus of approximately 10 families, all ancestral to modern Upper Mattaponi Indians, living in central King William County, Virginia, approximately 10 miles from the reservation;
 (15)during the period of 1853 through 1884, King William County marriage records listed Upper Mattaponis as Indians in marrying people residing on the reservation;
 (16)during the period of 1884 through the present, county marriage records usually refer to Upper Mattaponis as Indians;
 (17)in 1901, Smithsonian anthropologist James Mooney heard about the Upper Mattaponi Indians but did not visit them;
 (18)in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians with a section on the Upper Mattaponis;
 (19)from 1929 until 1930, the leadership of the Upper Mattaponi Indians opposed the use of a colored designation in the 1930 United States census and won a compromise in which the Indian ancestry of the Upper Mattaponis was recorded but questioned;
 (20)during the period of 1942 through 1945—
 (A)the leadership of the Upper Mattaponi Indians, with the help of Frank Speck and others, fought against the induction of young men of the Tribe into colored units in the Armed Forces of the United States; and
 (B)a tribal roll for the Upper Mattaponi Indians was compiled;
 (21)from 1945 to 1946, negotiations took place to admit some of the young people of the Upper Mattaponi to high schools for Federal Indians (especially at Cherokee) because no high school coursework was available for Indians in Virginia schools; and
 (22)in 1983, the Upper Mattaponi Indians applied for and won State recognition as an Indian tribe.
 302.DefinitionsIn this title: (1)SecretaryThe term Secretary means the Secretary of the Interior.
				(2)Tribal
 memberThe term tribal member means— (A)an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
 (B)an individual who has been placed on the membership rolls of the Tribe in accordance with this title.
 (3)TribeThe term Tribe means the Upper Mattaponi Tribe.
				303.Federal
			 recognition
				(a)Federal
			 Recognition
					(1)In
 generalFederal recognition is extended to the Tribe. (2)Applicability of lawsAll laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this title shall be applicable to the Tribe and tribal members.
					(b)Federal Services
			 and Benefits
					(1)In
 generalOn and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe.
					(2)Service
 areaFor the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area within 25 miles of the Sharon Indian School at 13383 King William Road, King William County, Virginia.
					304.Membership;
 governing documentsThe membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act.
			305.Governing
 bodyThe governing body of the Tribe shall be—
 (1)the governing body of the Tribe in place as of the date of enactment of this Act; or
 (2)any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
				306.Reservation of
			 the Tribe
				(a)In
 generalUpon the request of the Tribe, the Secretary of the Interior—
 (1)shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, Virginia; and
 (2)may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, Virginia.
					(b)Deadline for
 determinationThe Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
				(c)Reservation
 statusAny land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
 (d)GamingThe Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.
				307.Hunting,
 fishing, trapping, gathering, and water rightsNothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
			IVRappahannock
			 Tribe, Inc.
 401.FindingsCongress finds that— (1)during the initial months after Virginia was settled, the Rappahannock Indians had 3 encounters with Captain John Smith;
 (2)the first encounter occurred when the Rappahannock weroance (headman)—
 (A)traveled to Quiyocohannock (a principal town across the James River from Jamestown), where he met with Smith to determine whether Smith had been the great man who had previously sailed into the Rappahannock River, killed a Rappahannock weroance, and kidnapped Rappahannock people; and
 (B)determined that Smith was too short to be that great man;
 (3)on a second meeting, during John Smith’s captivity (December 16, 1607, to January 8, 1608), Smith was taken to the Rappahannock principal village to show the people that Smith was not the great man;
 (4)a third meeting took place during Smith’s exploration of the Chesapeake Bay (July to September 1608), when, after the Moraughtacund Indians had stolen 3 women from the Rappahannock King, Smith was prevailed upon to facilitate a peaceful truce between the Rappahannock and the Moraughtacund Indians;
 (5)in the settlement, Smith had the 2 Indian tribes meet on the spot of their first fight;
 (6)when it was established that both groups wanted peace, Smith told the Rappahannock King to select which of the 3 stolen women he wanted;
 (7)the Moraughtacund King was given second choice among the 2 remaining women, and Mosco, a Wighcocomoco (on the Potomac River) guide, was given the third woman;
 (8)in 1645, Captain William Claiborne tried unsuccessfully to establish treaty relations with the Rappahannocks, as the Rappahannocks had not participated in the Pamunkey-led uprising in 1644, and the English wanted to treat with the Rappahannocks or any other Indians not in amity with Opechancanough, concerning serving the county against the Pamunkeys;
 (9)in April 1651, the Rappahannocks conveyed a tract of land to an English settler, Colonel Morre Fauntleroy;
 (10)the deed for the conveyance was signed by Accopatough, weroance of the Rappahannock Indians;
 (11)in September 1653, Lancaster County signed a treaty with Rappahannock Indians, the terms of which treaty—
 (A)gave Rappahannocks the rights of Englishmen in the county court; and
 (B)attempted to make the Rappahannocks more accountable under English law;
 (12)in September 1653, Lancaster County defined and marked the bounds of its Indian settlements;
 (13)according to the Lancaster clerk of court, the tribe called the great Rappahannocks lived on the Rappahannock Creek just across the river above Tappahannock;
 (14)in September 1656, (Old) Rappahannock County (which, as of the date of enactment of this Act, is comprised of Richmond and Essex Counties, Virginia) signed a treaty with Rappahannock Indians that—
 (A)mirrored the Lancaster County treaty from 1653; and
 (B)stated that—
 (i)Rappahannocks were to be rewarded, in Roanoke, for returning English fugitives; and
 (ii)the English encouraged the Rappahannocks to send their children to live among the English as servants, who the English promised would be well-treated;
 (15)in 1658, the Virginia Assembly revised a 1652 Act stating that there be no grants of land to any Englishman whatsoever de futuro until the Indians be first served with the proportion of 50 acres of land for each bowman;
 (16)in 1669, the colony conducted a census of Virginia Indians;
 (17)as of the date of that census—
 (A)the majority of the Rappahannocks were residing at their hunting village on the north side of the Mattaponi River; and
 (B)at the time of the visit, census-takers were counting only the Indian tribes along the rivers, which explains why only 30 Rappahannock bowmen were counted on that river;
 (18)the Rappahannocks used the hunting village on the north side of the Mattaponi River as their primary residence until the Rappahannocks were removed in 1684;
 (19)in May 1677, the Treaty of Middle Plantation was signed with England;
 (20)the Pamunkey Queen Cockacoeske signed on behalf of the Rappahannocks, who were supposed to be her tributaries, but before the treaty could be ratified, the Queen of Pamunkey complained to the Virginia Colonial Council that she was having trouble with Rappahannocks and Chickahominies, supposedly tributaries of hers;
 (21)in November 1682, the Virginia Colonial Council established a reservation for the Rappahannock Indians of 3,474 acres about the town where they dwelt;
 (22)the Rappahannock town was the hunting village on the north side of the Mattaponi River, where the Rappahannocks had lived throughout the 1670s;
 (23)the acreage allotment of the reservation was based on the 1658 Indian land act, which translates into a bowman population of 70, or an approximate total Rappahannock population of 350;
 (24)in 1683, following raids by Iroquoian warriors on both Indian and English settlements, the Virginia Colonial Council ordered the Rappahannocks to leave their reservation and unite with the Nanzatico Indians at Nanzatico Indian Town, which was located across and up the Rappahannock River some 30 miles;
 (25)between 1687 and 1699, the Rappahannocks migrated out of Nanzatico, returning to the south side of the Rappahannock River at Portobacco Indian Town;
 (26)in 1706, by order of Essex County, Lieutenant Richard Covington escorted the Portobaccos and Rappahannocks out of Portobacco Indian Town, out of Essex County, and into King and Queen County where they settled along the ridgeline between the Rappahannock and Mattaponi Rivers, the site of their ancient hunting village and 1682 reservation;
 (27)during the 1760s, 3 Rappahannock girls were raised on Thomas Nelson’s Bleak Hill Plantation in King William County;
 (28)of those girls—
 (A)1 married a Saunders man;
 (B)1 married a Johnson man; and
 (C)1 had 2 children, Edmund and Carter Nelson, fathered by Thomas Cary Nelson;
 (29)in the 19th century, those Saunders, Johnson, and Nelson families are among the core Rappahannock families from which the modern Tribe traces its descent;
 (30)in 1819 and 1820, Edward Bird, John Bird (and his wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all Rappahannock ancestors) were listed on the tax roles of King and Queen County and taxed at the county poor rate;
 (31)Edmund Bird was added to the tax roles in 1821;
 (32)those tax records are significant documentation because the great majority of pre-1864 records for King and Queen County were destroyed by fire;
 (33)beginning in 1819, and continuing through the 1880s, there was a solid Rappahannock presence in the membership at Upper Essex Baptist Church;
 (34)that was the first instance of conversion to Christianity by at least some Rappahannock Indians;
 (35)while 26 identifiable and traceable Rappahannock surnames appear on the pre-1863 membership list, and 28 were listed on the 1863 membership roster, the number of surnames listed had declined to 12 in 1878 and had risen only slightly to 14 by 1888;
 (36)a reason for the decline is that in 1870, a Methodist circuit rider, Joseph Mastin, secured funds to purchase land and construct St. Stephens Baptist Church for the Rappahannocks living nearby in Caroline County;
 (37)Mastin referred to the Rappahannocks during the period of 1850 to 1870 as Indians, having a great need for moral and Christian guidance;
 (38)St. Stephens was the dominant tribal church until the Rappahannock Indian Baptist Church was established in 1964;
 (39)at both churches, the core Rappahannock family names of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson predominate;
 (40)during the early 1900s, James Mooney, noted anthropologist, maintained correspondence with the Rappahannocks, surveying them and instructing them on how to formalize their tribal government;
 (41)in November 1920, Speck visited the Rappahannocks and assisted them in organizing the fight for their sovereign rights;
 (42)in 1921, the Rappahannocks were granted a charter from the Commonwealth of Virginia formalizing their tribal government;
 (43)Speck began a professional relationship with the Tribe that would last more than 30 years and document Rappahannock history and traditions as never before;
 (44)in April 1921, Rappahannock Chief George Nelson asked the Governor of Virginia, Westmoreland Davis, to forward a proclamation to the President of the United States, along with an appended list of tribal members and a handwritten copy of the proclamation itself;
 (45)the letter concerned Indian freedom of speech and assembly nationwide;
 (46)in 1922, the Rappahannocks established a formal school at Lloyds, Essex County, Virginia;
 (47)prior to establishment of the school, Rappahannock children were taught by a tribal member in Central Point, Caroline County, Virginia;
 (48)in December 1923, Rappahannock Chief George Nelson testified before Congress appealing for a $50,000 appropriation to establish an Indian school in Virginia;
 (49)in 1930, the Rappahannocks were engaged in an ongoing dispute with the Commonwealth of Virginia and the United States Census Bureau about their classification in the 1930 Federal census;
 (50)in January 1930, Rappahannock Chief Otho S. Nelson wrote to Leon Truesdell, Chief Statistician of the United States Census Bureau, asking that the 218 enrolled Rappahannocks be listed as Indians;
 (51)in February 1930, Truesdell replied to Nelson saying that special instructions were being given about classifying Indians;
 (52)in April 1930, Nelson wrote to William M. Steuart at the Census Bureau asking about the enumerators’ failure to classify his people as Indians, saying that enumerators had not asked the question about race when they interviewed his people;
 (53)in a followup letter to Truesdell, Nelson reported that the enumerators were flatly denying his people’s request to be listed as Indians and that the race question was completely avoided during interviews;
 (54)the Rappahannocks had spoken with Caroline and Essex County enumerators, and with John M.W. Green at that point, without success;
 (55)Nelson asked Truesdell to list people as Indians if he sent a list of members;
 (56)the matter was settled by William Steuart, who concluded that the Bureau’s rule was that people of Indian descent could be classified as Indian only if Indian blood predominated and Indian identity was accepted in the local community;
 (57)the Virginia Vital Statistics Bureau classed all nonreservation Indians as Negro, and it failed to see why an exception should be made for the Rappahannocks;
 (58)therefore, in 1925, the Indian Rights Association took on the Rappahannock case to assist the Rappahannocks in fighting for their recognition and rights as an Indian tribe;
 (59)during the Second World War, the Pamunkeys, Mattaponis, Chickahominies, and Rappahannocks had to fight the draft boards with respect to their racial identities;
 (60)the Virginia Vital Statistics Bureau insisted that certain Indian draftees be inducted into Negro units;
 (61)finally, 3 Rappahannocks were convicted of violating the Federal draft laws and, after spending time in a Federal prison, were granted conscientious objector status and served out the remainder of the war working in military hospitals;
 (62)in 1943, Frank Speck noted that there were approximately 25 communities of Indians left in the Eastern United States that were entitled to Indian classification, including the Rappahannocks;
 (63)in the 1940s, Leon Truesdell, Chief Statistician, of the United States Census Bureau, listed 118 members in the Rappahannock Tribe in the Indian population of Virginia;
 (64)on April 25, 1940, the Office of Indian Affairs of the Department of the Interior included the Rappahannocks on a list of Indian tribes classified by State and by agency;
 (65)in 1948, the Smithsonian Institution Annual Report included an article by William Harlen Gilbert entitled, Surviving Indian Groups of the Eastern United States, which included and described the Rappahannock Tribe;
 (66)in the late 1940s and early 1950s, the Rappahannocks operated a school at Indian Neck;
 (67)the State agreed to pay a tribal teacher to teach 10 students bused by King and Queen County to Sharon Indian School in King William County, Virginia;
 (68)in 1965, Rappahannock students entered Marriott High School (a White public school) by executive order of the Governor of Virginia;
 (69)in 1972, the Rappahannocks worked with the Coalition of Eastern Native Americans to fight for Federal recognition;
 (70)in 1979, the Coalition established a pottery and artisans company, operating with other Virginia tribes;
 (71)in 1980, the Rappahannocks received funding through the Administration for Native Americans of the Department of Health and Human Services to develop an economic program for the Tribe; and
 (72)in 1983, the Rappahannocks received State recognition as an Indian tribe.
 402.DefinitionsIn this title: (1)SecretaryThe term Secretary means the Secretary of the Interior.
				(2)Tribal
 memberThe term tribal member means— (A)an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
 (B)an individual who has been placed on the membership rolls of the Tribe in accordance with this title.
					(3)Tribe
					(A)In
 generalThe term Tribe means the organization possessing the legal name Rappahannock Tribe, Inc.
 (B)ExclusionsThe term Tribe does not include any other Indian tribe, subtribe, band, or splinter group the members of which represent themselves as Rappahannock Indians.
					403.Federal
			 recognition
				(a)Federal
			 Recognition
					(1)In
 generalFederal recognition is extended to the Tribe. (2)Applicability of lawsAll laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this title shall be applicable to the Tribe and tribal members.
					(b)Federal Services
			 and Benefits
					(1)In
 generalOn and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe.
					(2)Service
 areaFor the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of King and Queen County, Caroline County, Essex County, and King William County, Virginia.
					404.Membership;
 governing documentsThe membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act.
			405.Governing
 bodyThe governing body of the Tribe shall be—
 (1)the governing body of the Tribe in place as of the date of enactment of this Act; or
 (2)any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
				406.Reservation of
			 the Tribe
				(a)In
 generalUpon the request of the Tribe, the Secretary of the Interior—
 (1)shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of King and Queen County, Stafford County, Spotsylvania County, Richmond County, Essex County, and Caroline County, Virginia; and
 (2)may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of King and Queen County, Richmond County, Lancaster County, King George County, Essex County, Caroline County, New Kent County, King William County, and James City County, Virginia.
					(b)Deadline for
 determinationThe Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
				(c)Reservation
 statusAny land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
 (d)GamingThe Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.
				407.Hunting,
 fishing, trapping, gathering, and water rightsNothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
			VMonacan Indian
			 Nation
 501.FindingsCongress finds that— (1)in 1677, the Monacan Tribe signed the Treaty of Middle Plantation between Charles II of England and 12 Indian Kings and Chief Men;
 (2)in 1722, in the Treaty of Albany, Governor Spotswood negotiated to save the Virginia Indians from extinction at the hands of the Iroquois;
 (3)specifically mentioned in the negotiations were the Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches (Occaneechi), Stengenocks, and Meipontskys;
 (4)in 1790, the first national census recorded Benjamin Evans and Robert Johns, both ancestors of the present Monacan community, listed as white with mulatto children;
 (5)in 1782, tax records also began for those families;
 (6)in 1850, the United States census recorded 29 families, mostly large, with Monacan surnames, the members of which are genealogically related to the present community;
 (7)in 1870, a log structure was built at the Bear Mountain Indian Mission;
 (8)in 1908, the structure became an Episcopal Mission and, as of the date of enactment of this Act, the structure is listed as a landmark on the National Register of Historic Places;
 (9)in 1920, 304 Amherst Indians were identified in the United States census;
 (10)from 1930 through 1931, numerous letters from Monacans to the Bureau of the Census resulted from the decision of Dr. Walter Plecker, former head of the Bureau of Vital Statistics of the Commonwealth of Virginia, not to allow Indians to register as Indians for the 1930 census;
 (11)the Monacans eventually succeeded in being allowed to claim their race, albeit with an asterisk attached to a note from Dr. Plecker stating that there were no Indians in Virginia;
 (12)in 1947, D’Arcy McNickle, a Salish Indian, saw some of the children at the Amherst Mission and requested that the Cherokee Agency visit them because they appeared to be Indian;
 (13)that letter was forwarded to the Department of the Interior, Office of Indian Affairs, Chicago, Illinois;
 (14)Chief Jarrett Blythe of the Eastern Band of Cherokee did visit the Mission and wrote that he would be willing to accept these children in the Cherokee school;
 (15)in 1979, a Federal Coalition of Eastern Native Americans established the entity known as Monacan Co-operative Pottery at the Amherst Mission;
 (16)some important pieces were produced at Monacan Co-operative Pottery, including a piece that was sold to the Smithsonian Institution;
 (17)the Mattaponi-Pamunkey-Monacan Consortium, established in 1981, has since been organized as a nonprofit corporation that serves as a vehicle to obtain funds for those Indian tribes from the Department of Labor under Native American programs;
 (18)in 1989, the Monacan Tribe was recognized by the Commonwealth of Virginia, which enabled the Tribe to apply for grants and participate in other programs; and
 (19)in 1993, the Monacan Tribe received tax-exempt status as a nonprofit corporation from the Internal Revenue Service.
 502.DefinitionsIn this title: (1)SecretaryThe term Secretary means the Secretary of the Interior.
				(2)Tribal
 memberThe term tribal member means— (A)an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
 (B)an individual who has been placed on the membership rolls of the Tribe in accordance with this title.
 (3)TribeThe term Tribe means the Monacan Indian Nation.
				503.Federal
			 recognition
				(a)Federal
			 Recognition
					(1)In
 generalFederal recognition is extended to the Tribe. (2)Applicability of lawsAll laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this title shall be applicable to the Tribe and tribal members.
					(b)Federal Services
			 and Benefits
					(1)In
 generalOn and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe.
					(2)Service
 areaFor the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of all land within 25 miles from the center of Amherst, Virginia.
					504.Membership;
 governing documentsThe membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act.
			505.Governing
 bodyThe governing body of the Tribe shall be—
 (1)the governing body of the Tribe in place as of the date of enactment of this Act; or
 (2)any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
				506.Reservation of
			 the Tribe
				(a)In
 generalUpon the request of the Tribe, the Secretary of the Interior—
 (1)shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of Amherst County, Virginia; and
 (2)may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of Amherst County, Virginia, and those parcels in Rockbridge County, Virginia (subject to the consent of the local unit of government), owned by Mr. J. Poole, described as East 731 Sandbridge (encompassing approximately 4.74 acres) and East 731 (encompassing approximately 5.12 acres).
					(b)Deadline for
 determinationThe Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
				(c)Reservation
 statusAny land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
 (d)GamingThe Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.
				507.Hunting,
 fishing, trapping, gathering, and water rightsNothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
			VINansemond Indian
			 Tribe
 601.FindingsCongress finds that— (1)from 1607 until 1646, Nansemond Indians—
 (A)lived approximately 30 miles from Jamestown; and
 (B)were significantly involved in English-Indian affairs;
 (2)after 1646, there were 2 sections of Nansemonds in communication with each other, the Christianized Nansemonds in Norfolk County, who lived as citizens, and the traditionalist Nansemonds, who lived further west;
 (3)in 1638, according to an entry in a 17th century sermon book still owned by the Chief’s family, a Norfolk County Englishman married a Nansemond woman;
 (4)that man and woman are lineal ancestors of all of members of the Nansemond Indian tribe alive as of the date of enactment of this Act, as are some of the traditionalist Nansemonds;
 (5)in 1669, the 2 Nansemond sections appeared in Virginia Colony’s census of Indian bowmen;
 (6)in 1677, Nansemond Indians were signatories to the Treaty of 1677 with the King of England;
 (7)in 1700 and 1704, the Nansemonds and other Virginia Indian tribes were prevented by Virginia Colony from making a separate peace with the Iroquois;
 (8)Virginia represented those Indian tribes in the final Treaty of Albany, 1722;
 (9)in 1711, a Nansemond boy attended the Indian School at the College of William and Mary;
 (10)in 1727, Norfolk County granted William Bass and his kinsmen the Indian privileges of clearing swamp land and bearing arms (which privileges were forbidden to other non-Whites) because of their Nansemond ancestry, which meant that Bass and his kinsmen were original inhabitants of that land;
 (11)in 1742, Norfolk County issued a certificate of Nansemond descent to William Bass;
 (12)from the 1740s to the 1790s, the traditionalist section of the Nansemond tribe, 40 miles west of the Christianized Nansemonds, was dealing with reservation land;
 (13)the last surviving members of that section sold out in 1792 with the permission of the Commonwealth of Virginia;
 (14)in 1797, Norfolk County issued a certificate stating that William Bass was of Indian and English descent, and that his Indian line of ancestry ran directly back to the early 18th century elder in a traditionalist section of Nansemonds on the reservation;
 (15)in 1833, Virginia enacted a law enabling people of European and Indian descent to obtain a special certificate of ancestry;
 (16)the law originated from the county in which Nansemonds lived, and mostly Nansemonds, with a few people from other counties, took advantage of the new law;
 (17)a Methodist mission established around 1850 for Nansemonds is currently a standard Methodist congregation with Nansemond members;
 (18)in 1901, Smithsonian anthropologist James Mooney—
 (A)visited the Nansemonds; and
 (B)completed a tribal census that counted 61 households and was later published;
 (19)in 1922, Nansemonds were given a special Indian school in the segregated school system of Norfolk County;
 (20)the school survived only a few years;
 (21)in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians that included a section on the Nansemonds; and
 (22)the Nansemonds were organized formally, with elected officers, in 1984, and later applied for and received State recognition.
 602.DefinitionsIn this title: (1)SecretaryThe term Secretary means the Secretary of the Interior.
				(2)Tribal
 memberThe term tribal member means— (A)an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
 (B)an individual who has been placed on the membership rolls of the Tribe in accordance with this title.
 (3)TribeThe term Tribe means the Nansemond Indian Tribe.
				603.Federal
			 recognition
				(a)Federal
			 Recognition
					(1)In
 generalFederal recognition is extended to the Tribe. (2)Applicability of lawsAll laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this title shall be applicable to the Tribe and tribal members.
					(b)Federal Services
			 and Benefits
					(1)In
 generalOn and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe.
					(2)Service
 areaFor the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia.
					604.Membership;
 governing documentsThe membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act.
			605.Governing
 bodyThe governing body of the Tribe shall be—
 (1)the governing body of the Tribe in place as of the date of enactment of this Act; or
 (2)any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
				606.Reservation of
			 the Tribe
				(a)In
 generalUpon the request of the Tribe, the Secretary of the Interior—
 (1)shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia; and
 (2)may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia.
					(b)Deadline for
 determinationThe Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
				(c)Reservation
 statusAny land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
 (d)GamingThe Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.
				607.Hunting, fishing,
 trapping, gathering, and water rightsNothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
			VIIEminent
			 domain
 701.LimitationEminent domain may not be used to acquire lands in fee or in trust for an Indian tribe recognized under this Act.September 10, 2015Reported without amendment


		II
		110th CONGRESS
		1st Session
		S. 341
		IN THE SENATE OF THE UNITED
		  STATES

			January 22, 2007
			Mr. Kerry introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To restore fairness in the provision of
		  incentives for oil and gas production, and for other purposes.

		1.Short title; etc
			(a)Short titleThis Act may be cited as the
			 Energy Fairness for America
			 Act.
			(b)Amendment of 1986 CodeExcept as otherwise expressly provided,
			 whenever in this Act an amendment or repeal is expressed in terms of an
			 amendment to, or repeal of, a section or other provision, the reference shall
			 be considered to be made to a section or other provision of the Internal
			 Revenue Code of 1986.
			(c)Table of contentsThe table of contents for this Act is as
			 follows:

					Sec. 1. Short title;
				etc.
					Sec. 2. Termination of deduction for intangible drilling and
				development costs.
					Sec. 3. Termination of percentage depletion allowance for oil
				and gas wells.
					Sec. 4. Termination of enhanced oil recovery
				credit.
					Sec. 5. Termination of certain provisions of the Energy Policy
				Act of 2005.
					Sec. 6. Termination of certain tax provisions of the Energy
				Policy Act of 2005.
					Sec. 7. Revaluation
				of LIFO inventories of large integrated oil companies.
					Sec. 8. Modifications of foreign tax credit rules applicable to
				dual capacity taxpayers.
					Sec. 9. Rules relating to foreign oil and gas
				income.
					Sec. 10. Elimination of deferral for foreign oil and gas
				extraction income.

			2.Termination of deduction for intangible
			 drilling and development costs
			(a)In generalSection 263(c) is amended by adding at the
			 end the following new sentence: This subsection shall not apply to any
			 taxable year beginning after the date of the enactment of this
			 sentence..
			(b)Conforming amendmentsParagraphs (2) and (3) of section 291(b)
			 are each amended by striking section 263(c), 616(a), and
			 inserting section 616(a).
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after the date of the
			 enactment of this Act.
			3.Termination of percentage depletion
			 allowance for oil and gas wells
			(a)In generalSection 613A is amended by adding at the
			 end the following new subsection:

					(f)TerminationFor purposes of any taxable year beginning
				after the date of the enactment of this subsection, the allowance for
				percentage depletion shall be
				zero.
					.
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to taxable years beginning after the date of the
			 enactment of this Act.
			4.Termination of enhanced oil recovery
			 credit
			(a)In generalSection 43 is amended by adding at the end
			 the following new subsection:

					(f)TerminationThis section shall not apply to any taxable
				year beginning after the date of the enactment of this
				subsection.
					.
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to taxable years beginning after the date of the
			 enactment of this Act.
			5.Termination of certain provisions of the
			 Energy Policy Act of 2005
			(a)In generalThe following provisions of the Energy
			 Policy Act of 2005 are repealed on and after the date of the enactment of this
			 Act:
				(1)Section 342 (relating to program on oil and
			 gas royalties in-kind).
				(2)Section 343 (relating to marginal property
			 production incentives).
				(3)Section 344 (relating to incentives for
			 natural gas production from deep wells in the shallow waters of the Gulf of
			 Mexico).
				(4)Section 345 (relating to royalty relief for
			 deep water production).
				(5)Section 357 (relating to comprehensive
			 inventory of OCS oil and natural gas resources).
				(b)Termination of Alaska offshore royalty
			 suspension
				(1)In generalSection 8(a)(3)(B) of the Outer Continental
			 Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking and in
			 the Planning Areas offshore Alaska.
				(2)Effective
			 dateThe amendment made by
			 this subsection shall take effect on and after the date of the enactment of
			 this Act.
				6.Termination of certain tax provisions of
			 the Energy Policy Act of 2005
			(a)Electric transmission property treated as
			 15-year propertySection
			 168(e)(3)(E)(vii) is amended by inserting , and before the date of the
			 enactment of the Energy Fairness for America
			 Act after April 11, 2005.
			(b)Temporary expensing of equipment used in
			 refining liquid fuelsSection
			 179C(c)(1) is amended—
				(1)by striking January 1, 2012
			 and inserting the date of the enactment of the
			 Energy Fairness for America
			 Act, and
				(2)by striking January 1, 2008
			 and inserting the date of the enactment of the
			 Energy Fairness for America
			 Act.
				(c)Natural gas distribution lines treated as
			 15-year propertySection
			 168(e)(3)(E)(viii) is amended by striking January 1, 2011 and
			 inserting the date of the enactment of the
			 Energy Fairness for America
			 Act.
			(d)Natural gas gathering lines treated as
			 7-year propertySection
			 168(e)(3)(C)(iv) is amended by inserting , and before the date of the
			 enactment of the Energy Fairness for America
			 Act after April 11, 2005.
			(e)Determination of small refiner exception to
			 oil depletion deductionSection 1328(b) of the Energy Policy Act of
			 2005 is amended by inserting and beginning before the date of the
			 enactment of the Energy Fairness for America
			 Act after this Act.
			(f)Amortization of geological and geophysical
			 expendituresSection 167(h)
			 is amended by adding at the end the following new paragraph:

					(5)TerminationThis subsection shall not apply to any
				taxable year beginning after the date of the enactment of the
				Energy Fairness for America
				Act.
					.
			(g)Effective
			 dateThe amendments made by
			 this section shall take effect on and after the date of the enactment of this
			 Act.
			7.Revaluation of LIFO inventories of large
			 integrated oil companies
			(a)General ruleNotwithstanding any other provision of law,
			 if a taxpayer is an applicable integrated oil company for its last taxable year
			 ending in calendar year 2006, the taxpayer shall—
				(1)increase, effective as of the close of such
			 taxable year, the value of each historic LIFO layer of inventories of crude
			 oil, natural gas, or any other petroleum product (within the meaning of section
			 4611) by the layer adjustment amount, and
				(2)decrease its cost of goods sold for such
			 taxable year by the aggregate amount of the increases under paragraph
			 (1).
				If the aggregate
			 amount of the increases under paragraph (1) exceed the taxpayer’s cost of goods
			 sold for such taxable year, the taxpayer’s gross income for such taxable year
			 shall be increased by the amount of such excess.(b)Layer adjustment amountFor purposes of this section—
				(1)In GeneralThe term layer adjustment
			 amount means, with respect to any historic LIFO layer, the product
			 of—
					(A)$18.75, and
					(B)the number of barrels of crude oil (or in
			 the case of natural gas or other petroleum products, the number of
			 barrel-of-oil equivalents) represented by the layer.
					(2)Barrel-of-oil equivalentThe term barrel-of-oil
			 equivalent has the meaning given such term by section 29(d)(5) (as in
			 effect before its redesignation by the Energy Tax Incentives Act of
			 2005).
				(c)Application of requirement
				(1)No change in method of
			 accountingAny adjustment
			 required by this section shall not be treated as a change in method of
			 accounting.
				(2)Underpayments of estimated
			 taxNo addition to the tax
			 shall be made under section 6655 of the Internal Revenue Code of 1986 (relating
			 to failure by corporation to pay estimated tax) with respect to any
			 underpayment of an installment required to be paid with respect to the taxable
			 year described in subsection (a) to the extent such underpayment was created or
			 increased by this section.
				(d)Applicable integrated oil
			 companyFor purposes of this
			 section, the term applicable integrated oil company means an
			 integrated oil company (as defined in section 291(b)(4) of the Internal Revenue
			 Code of 1986) which has an average daily worldwide production of crude oil of
			 at least 500,000 barrels for the taxable year and which had gross receipts in
			 excess of $1,000,000,000 for its last taxable year ending during calendar year
			 2006. For purposes of this subsection all persons treated as a single employer
			 under subsections (a) and (b) of section 52 of the Internal Revenue Code of
			 1986 shall be treated as 1 person and, in the case of a short taxable year, the
			 rule under section 448(c)(3)(B) shall apply.
			8.Modifications of foreign tax credit rules
			 applicable to dual capacity taxpayers
			(a)In GeneralSection 901 (relating to credit for taxes
			 of foreign countries and of possessions of the United States) is amended by
			 redesignating subsection (m) as subsection (n) and by inserting after
			 subsection (l) the following new subsection:

					(m)Special Rules Relating to Dual Capacity
				Taxpayers
						(1)General ruleNotwithstanding any other provision of this
				chapter, any amount paid or accrued by a dual capacity taxpayer to a foreign
				country or possession of the United States for any period shall not be
				considered a tax—
							(A)if, for such period, the foreign country or
				possession does not impose a generally applicable income tax, or
							(B)to the extent such amount exceeds the
				amount (determined in accordance with regulations) which—
								(i)is paid by such dual capacity taxpayer
				pursuant to the generally applicable income tax imposed by the country or
				possession, or
								(ii)would be paid if the generally applicable
				income tax imposed by the country or possession were applicable to such dual
				capacity taxpayer.
								Nothing in this paragraph shall be
				construed to imply the proper treatment of any such amount not in excess of the
				amount determined under subparagraph (B).(2)Dual capacity taxpayerFor purposes of this subsection, the term
				dual capacity taxpayer means, with respect to any foreign country
				or possession of the United States, a person who—
							(A)is subject to a levy of such country or
				possession, and
							(B)receives (or will receive) directly or
				indirectly a specific economic benefit (as determined in accordance with
				regulations) from such country or possession.
							(3)Generally applicable income
				taxFor purposes of this
				subsection—
							(A)In generalThe term generally applicable income
				tax means an income tax (or a series of income taxes) which is generally
				imposed under the laws of a foreign country or possession on income derived
				from the conduct of a trade or business within such country or
				possession.
							(B)ExceptionsSuch term shall not include a tax unless it
				has substantial application, by its terms and in practice, to—
								(i)persons who are not dual capacity
				taxpayers, and
								(ii)persons who are citizens or residents of
				the foreign country or possession.

			(b)Effective Date
				(1)In generalThe amendments made by this section shall
			 apply to taxes paid or accrued in taxable years beginning after the date of the
			 enactment of this Act.
				(2)Contrary treaty obligations
			 upheldThe amendments made by
			 this section shall not apply to the extent contrary to any treaty obligation of
			 the United States.
				9.Rules relating to foreign oil and gas
			 income
			(a)Separate Basket for Foreign Tax
			 CreditParagraph (1) of
			 section 904(d), as in effect for years beginning after 2006, is amended by
			 striking and at the end of subparagraph (A), by striking the
			 period at the end of subparagraph (B) and inserting , and, and
			 by adding at the end the following:

					(C)foreign oil and gas
				income.

			(b)DefinitionSection 904(d)(2), as in effect for years
			 after 2006, is amended by redesignating subparagraphs (J) and (K) as
			 subparagraphs (K) and (L) and by inserting after subparagraph (I) the
			 following:

					(J)Foreign oil and gas incomeFor purposes of this section—
						(i)In generalThe term foreign oil and gas
				income has the meaning given such term by section 954(g).
						(ii)CoordinationPassive category income and general
				category income shall not include foreign oil and gas income (as so
				defined).

			(c)Conforming amendments
				(1)Section 904(d)(3)(F)(i) is amended by
			 striking or (E) and inserting (E), or (I).
				(2)Section 907(a) is hereby repealed.
				(3)Section 907(c)(4) is hereby
			 repealed.
				(4)Section 907(f) is hereby repealed.
				(d)Effective dates
				(1)In generalThe amendments made by this section shall
			 apply to taxable years beginning after the date of the enactment of this
			 Act.
				(2)Transitional rules
					(A)Separate basket treatmentAny taxes paid or accrued in a taxable year
			 beginning on or before the date of the enactment of this Act, with respect to
			 income which was described in subparagraph (B) of section 904(d)(1) of such
			 Code (as in effect on the day before the date of the enactment of this Act),
			 shall be treated as taxes paid or accrued with respect to foreign oil and gas
			 income to the extent the taxpayer establishes to the satisfaction of the
			 Secretary of the Treasury that such taxes were paid or accrued with respect to
			 foreign oil and gas income.
					(B)CarryoversAny unused oil and gas extraction taxes
			 which under section 907(f) of such Code (as so in effect) would have been
			 allowable as a carryover to the taxpayer’s first taxable year beginning after
			 the date of the enactment of this Act (without regard to the limitation of
			 paragraph (2) of such section 907(f) for first taxable year) shall be allowed
			 as carryovers under section 904(c) of such Code in the same manner as if such
			 taxes were unused taxes under such section 904(c) with respect to foreign oil
			 and gas extraction income.
					(C)LossesThe amendment made by subsection (c)(3)
			 shall not apply to foreign oil and gas extraction losses arising in taxable
			 years beginning on or before the date of the enactment of this Act.
					10.Elimination of deferral for foreign oil and
			 gas extraction income
			(a)General ruleParagraph (1) of section 954(g) (defining
			 foreign base company oil related income) is amended to read as follows:

					(1)In generalExcept as otherwise provided in this
				subsection, the term foreign oil and gas income means any income
				of a kind which would be taken into account in determining the amount
				of—
						(A)foreign oil and gas extraction income (as
				defined in section 907(c)), or
						(B)foreign oil related income (as defined in
				section 907(c)).

			(b)Conforming amendments
				(1)Subsections (a)(5), (b)(5), and (b)(6) of
			 section 954, and section 952(c)(1)(B)(ii)(I), are each amended by striking
			 base company oil related income each place it appears (including
			 in the heading of subsection (b)(8)) and inserting oil and gas
			 income.
				(2)Subsection (b)(4) of section 954 is amended
			 by striking base company oil-related income and inserting
			 oil and gas income.
				(3)The subsection heading for subsection (g)
			 of section 954 is amended by striking Foreign Base Company Oil Related Income
			 and inserting Foreign Oil
			 and Gas Income.
				(4)Subparagraph (A) of section 954(g)(2) is
			 amended by striking foreign base company oil related income and
			 inserting foreign oil and gas income.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years of foreign corporations beginning
			 after the date of the enactment of this Act, and to taxable years of United
			 States shareholders ending with or within such taxable years of foreign
			 corporations.


117 S2175 IS: Preventive Home Visit Act
U.S. Senate
2021-06-22
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.

II117th CONGRESS1st SessionS. 2175IN THE SENATE OF THE UNITED STATESJune 22, 2021Mr. King introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide coverage of preventive home visits under Medicare, and for other purposes.1.Short titleThis Act may be cited as the Preventive Home Visit Act.2.Medicare coverage of preventive home visits(a)In generalSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—(1)in subsection (s)(2)—(A)in subparagraph (GG), by striking and at the end;(B)in subparagraph (HH), by striking the period at the end and inserting ; and; and(C)by adding at the end the following new subparagraph:(II) a preventive home visit as defined in subsection (lll).; and(2)by adding at the end the following new subsection:(lll)Preventive home visitThe term preventive home visit means a visit to the home of an individual by a qualified professional (as defined by the Secretary), not more frequently than once every two years, during which the qualified professional provides an assessment of the home environment of the individual, identifies health risks, and provides a referral, as appropriate, for interventions or home modifications to improve physical activity, fall prevention, and nutrition with respect to the individual..(b)Payment(1)In generalSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—(A)by striking and (DD) and inserting (DD); and(B)by inserting before the semicolon at the end the following: and (EE) with respect to a home visit as defined in section 1861(lll), the amount paid shall be equal to 100 percent of the lesser of the actual charge for the service or the amount determined under section 1834(z).(2)Payment determinationSection 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subparagraph:(z)Preventive home visitsThe Secretary shall establish a bundled payment amount for a preventive home visit, including any referrals made in connection with the visit..(c)Frequency limitationSection 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended—(1)in subsection (O), by striking and at the end;(2)in subsection (P), by striking the semicolon and inserting , and; and(3)by adding at the end the following new subparagraph:(Q)in the case of a preventive home visit as defined in section 1861(lll), which is provided more frequently than is covered under such section..