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Q: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Keeping Families
Together Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of
section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.

SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF
SECTION 321 OF IIRIRA).

(a) In General.--Effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208), section 321 of such Act is repealed
and the provisions of law amended by such section are restored as if
such section had not been enacted.
(b) Restoration of Rights.--Any alien whose legal permanent
resident status, application for permanent residence, or application
for cancellation of removal, was affected by the changes in the
definition of ''aggravated felony'' made by such section 321 may apply
to the Secretary of Homeland Security to be considered for adjustment
of status or cancellation of removal in conformance with the provisions
of section 101(a)(43) of the Immigration and Nationality Act, as
restored by subsection (a).

SEC. 3. RESTORATION OF DETENTION POLICY.

(a) In General.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)) is amended to read as follows:
''(c) Detention of Criminal Aliens.--
''(1) In general.--The Secretary of Homeland Security shall
take into custody any alien convicted of an aggravated felony
upon release of the alien (regardless of whether or not such
release is on parole, supervised release, or probation, and
regardless of the possibility of rearrest or further
confinement in respect of the same offense). Notwithstanding
subsection (a) or section 241(a) but subject to paragraph (2),
the Secretary of Homeland Security shall not release such felon
from custody.
''(2) Non-release.--The Secretary of Homeland Security may
not release from custody any who has been convicted of an
aggravated felony, either before or after a determination of
removability, unless--
''(A)(i) the alien was lawfully admitted, or
''(ii) the alien was not lawfully admitted but the
alien cannot be removed because the designated country
of removal will not accept the alien; and
''(B) the alien satisfies the Secretary of Homeland
Security that the alien will not pose a danger to the
safety of other persons or of property and is likely to
appear for any scheduled proceeding.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.

SEC. 4. REPEAL OF TIME STOP PROVISIONS.

(a) In General.--Section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall be
effective as if included in the enactment of subtitle A of title III of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.

SEC. 5. REPEAL OF SECTION 101(A)(48).

(a) In General.--Paragraph (48) of section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of section 322(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 6. RESTORATION OF SECTION 212(C).

(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended by inserting after subsection (b) the
following new subsection:
''(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation or removal, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted in
the discretion of the Secretary of Homeland Security without regard to
the provisions of subsection (a) (other than paragraphs (3) and
(10)(C)). Nothing contained in this subsection shall limit the
authority of the Secretary of Homeland Security to exercise the
discretion vested in him under section 211(b). The first sentence of
this subsection shall not apply to an alien who has been convicted of
one or more aggravated felonies and has served for such felony or
felonies a term of imprisonment of at least 5 years.''.
(b) Effective Date.--The amendment made by subsection (a) applies
as of April 24, 1996, as if section 440(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) and section
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208) had not been enacted.

SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.

(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended to read as follows:

''judicial review of orders of removal

''Sec. 242. (a) The procedure prescribed by, and all the
provisions of chapter 158 of title 28, United States Code, shall apply
to, and shall be the sole and exclusive procedure for, the judicial
review of all final orders of removal heretofore or hereafter made
against aliens within the United States pursuant to administrative
proceedings under section 240 of this Act or comparable provisions of
any prior Act, except that--
''(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final removal order,
or, in the case of an alien convicted of an aggravated felony
not later than 30 days after the issuance of such order;
''(2) the venue of any petition for review under this
section shall be in the judicial circuit in which the
administrative proceedings before an immigration judge were
conducted in whole or in part, or in the judicial circuit
wherein is the residence, as defined in this Act, of the
petitioner, but not in more than one circuit;
''(3) the action shall be brought against the Department of
Homeland Security, as respondent. Service of the petition to
review shall be made upon the Secretary of Homeland Security of
the United States and upon the official of the Department of
Homeland Security in charge of the district in which the office
of the clerk of the court is located. The service of the
petition for review upon such official of the Service shall
stay the removal of the alien pending determination of the
petition by the court, unless the court otherwise directs or
unless the alien is convicted of an aggravated felony, in which
case the Service shall not stay the removal of the alien
pending determination of the petition of the court unless the
court otherwise directs;
''(4) except as provided in clause (B) of paragraph (5) of
this subsection, the petition shall be determined solely upon
the administrative record upon which the removal order is based
and the Secretary of Homeland Security's findings of fact, if
supported by reasonable, substantial, and probative evidence on
the record considered as a whole, shall be conclusive;
''(5) whenever any petitioner, who seeks review of an order
under this section, claims to be a national of the United
States and makes a showing that his claim is not frivolous, the
court shall (A) pass upon the issues presented when it appears
from the pleadings and affidavits filed by the parties that no
genuine issue of material fact is presented; or (B) where a
genuine issue of material fact as to the petitioner's
nationality is presented, transfer the proceedings to a United
States district court for the district where the petitioner has
his residence for hearing de novo of the nationality claim and
determination as if such proceedings were originally initiated
in the district court under the provisions of section 2201 of
title 28, United States Code. Any such petitioner shall not be
entitled to have such issue determined under section 360(a) of
this Act or otherwise;
''(6) whenever a petitioner seeks review of an order under
this section, any review sought with respect to a motion to
reopen or reconsider such an order shall be consolidated with
the review of the order;
''(7) if the validity of a removal order has not been
judicially determined, its validity may be challenged in a
criminal proceeding against the alien for violation of
subsection (a) or (b) of section 243 of this Act only by
separate motion for judicial review before trial. Such motion
shall be determined by the court without a jury and before the
trial of the general issue. Whenever a claim to United States
nationality is made in such motion, and in the opinion of the
court, a genuine issue of material fact as to the alien's
nationality is presented, the court shall accord him a hearing
de novo on the nationality claim and determine that issue as if
proceedings had been initiated under the provisions of section
2201 of title 28, United States Code. Any such alien shall not
be entitled to have such issue determined under section 360(a)
of this Act or otherwise. If no such hearing de novo as to
nationality is conducted, the determination shall be made
solely upon the administrative record upon which the removal
order is based and the Secretary of Homeland Security's
findings of fact, if supported by reasonable, substantial, and
probative evidence on the record considered as a whole, shall
be conclusive. If the removal order is held invalid, the court
shall dismiss the indictment and the United States shall have
the right to appeal to the court of appeals within 30 days. The
procedure on such appeals shall be as provided in the Federal
rules of criminal procedure. No petition for review under this
section may be filed by any alien during the pendency of a
criminal proceeding against such alien for violation of
subsection (a) or (b) of section 243 of this Act;
''(8) nothing in this section shall be construed to require
the Secretary of Homeland Security to defer removal of an alien
after the issuance of a removal order because of the right of
judicial review of the order granted by this section, or to
relieve any alien from compliance with subsections (a) and (b)
of section 243 of this Act. Nothing contained in this section
shall be construed to preclude the Secretary of Homeland
Security from detaining or continuing to detain an alien or
from taking the alien into custody pursuant to section 241 of
this Act at any time after the issuance of a removal order;
''(9) it shall not be necessary to print the record or any
part thereof, or the briefs, and the court shall review the
proceedings on a typewritten record and on typewritten briefs;
and
''(10) any alien held in custody pursuant to an order of
removal may obtain judicial review thereof by habeas corpus
proceedings.
''(b) Notwithstanding the provisions of any other law, any alien
against whom a final order of removal has been made heretofore or
hereafter under the provisions of section 235 of this Act or comparable
provisions of any prior Act may obtain judicial review of such order by
habeas corpus proceedings and not otherwise.
''(c) An order of removal shall not be reviewed by any court if the
alien has not exhausted the administrative remedies available to the
alien as of right under the immigration laws and regulations or if the
alien has departed from the United States after the issuance of the
order. Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any prior judicial
proceeding, and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review or for habeas
corpus shall be entertained if the validity of the order has been
previously determined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not have been
presented in such prior proceeding, or the court finds that the remedy
provided by such prior proceeding was inadequate or ineffective to test
the validity of the order.
''(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of removal has been issued pursuant to
section 238(b) may challenge only--
''(A) whether the alien is in fact the alien described in
the order;
''(B) whether the alien is in fact an alien described in
section 238(b)(2);
''(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
''(D) whether the alien was afforded the procedures
required by section 238(b)(4).
''(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which--
(1) a final administrative decision has been/not been
rendered as of such date; or
(2) such a decision has been rendered but the period for
seeking judicial review of the decision has not expired.

SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Secretary of Homeland Security shall establish a process (whether
through permitting the reopening of a removal proceeding or otherwise)
under which an alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by this Act;
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under this Act.
(b) Parole.--The Secretary of Homeland Security should exercise the
parole authority under section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting
aliens removed from the United States to participate in the process
established under subsection (a).

A: Keeping Families Together Act of 2005 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien.

Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act.

Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."

Authorizes the Secretary of Homeland Security to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted.

Revises provisions respecting judicial review of removal orders.

Requires the Secretary to establish a post-proceeding removal relief process for affected aliens.
****
Q: SECTION 1. PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009.

(a) Exclusion Equivalent of Unified Credit Equal to $3,500,000.--
Subsection (c) of section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended to read as
follows:
''(c) Applicable Credit Amount.--
''(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed were
equal to the applicable exclusion amount.
''(2) Applicable exclusion amount.--
''(A) In general.--For purposes of this subsection,
the applicable exclusion amount is $3,500,000.
''(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2010, the
dollar amount in subparagraph (A) shall be increased by
an amount equal to--
''(i) such dollar amount, multiplied by
''(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year by substituting 'calendar year
2009' for 'calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(b) Maximum Estate Tax Rate Equal to 45 Percent.--
(1) In general.--Subsection (c) of section 2001 of the
Internal Revenue Code of 1986 (relating to imposition and rate
of tax) is amended--
(A) by striking ''but not over $2,000,000'' in the
table contained in paragraph (1),
(B) by striking the last 2 items in such table,
(C) by striking ''(1) in general.--'', and
(D) by striking paragraph (2).
(2) Conforming amendment.--Paragraphs (1) and (2) of
section 2102(b) of such Code are amended to read as follows:
''(1) In general.--A credit in an amount that would be
determined under section 2010 as the applicable credit amount
if the applicable exclusion amount were $60,000 shall be
allowed against the tax imposed by section 2101.
''(2) Residents of possessions of the united states.--In
the case of a decedent who is considered to be a 'nonresident
not a citizen of the United States' under section 2209, the
credit allowed under this subsection shall not be less than the
proportion of the amount that would be determined under section
2010 as the applicable credit amount if the applicable
exclusion amount were $175,000 which the value of that part of
the decedent's gross estate which at the time of the decedent's
death is situated in the United States bears to the value of
the decedent's entire gross estate, wherever situated.''.
(c) Modifications of Estate and Gift Taxes To Reflect Differences
in Unified Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) of the Internal
Revenue Code of 1986 (relating to computation of tax)
is amended by striking ''if the provisions of
subsection (c) (as in effect at the decedent's death)''
and inserting ''if the modifications described in
subsection (g)''.
(B) Modifications.--Section 2001 of such Code is
amended by adding at the end the following new
subsection:
''(g) Modifications to Gift Tax Payable To Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect at the
decedent's death shall, in lieu of the rates of tax in effect at the
time of such gifts, be used both to compute--
''(1) the tax imposed by chapter 12 with respect to such
gifts, and
''(2) the credit allowed against such tax under section
2505, including in computing--
''(A) the applicable credit amount under section
2505(a)(1), and
''(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).
For purposes of paragraph (2)(A), the applicable credit amount
for any calendar year before 1998 is the amount which would be
determined under section 2010(c) if the applicable exclusion
amount were the dollar amount under section 6018(a)(1) for such
year.''.
(2) Gift tax.--Section 2505(a) of such Code (relating to
unified credit against gift tax) is amended by adding at the
end the following new flush sentence:
''For purposes of applying paragraph (2) for any calendar year, the
rates of tax in effect under section 2502(a)(2) for such calendar year
shall, in lieu of the rates of tax in effect for preceding calendar
periods, be used in determining the amounts allowable as a credit under
this section for all preceding calendar periods.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
(e) Additional Modifications to Estate Tax.--
(1) In general.--Subtitles A and E of title V of the
Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subtitles, are hereby repealed; and
the Internal Revenue Code of 1986 shall be applied as if such
subtitles, and amendments, had never been enacted.
(2) Sunset not to apply.--
(A) Subsection (a) of section 901 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 is
amended by striking ''this Act'' and all that follows
and inserting ''this Act (other than title V) shall not
apply to taxable, plan, or limitation years beginning
after December 31, 2010.''.
(B) Subsection (b) of such section 901 is amended
by striking '', estates, gifts, and transfers''.
(3) Repeal of deadwood.--
(A) Sections 2011, 2057, and 2604 of the Internal
Revenue Code of 1986 are hereby repealed.
(B) The table of sections for part II of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2011.
(C) The table of sections for part IV of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2057.
(D) The table of sections for subchapter A of
chapter 13 of such Code is amended by striking the item
relating to section 2604.
(f) Sense of the Senate Regarding Revenue Neutrality.--It is the
sense of the Senate that any reduction in Federal revenues resulting
from the provisions of, and amendments made by, this section should be
fully offset.

A: Amends the Internal Revenue Code to: (1) restore the unified credit against the estate and gift tax after 2009; (2) establish the amount of such credit at $3.5 million adjusted for inflation in calendar years after 2010; and (3) reduce the maximum estate and gift tax rate to 45%.

Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Bureau of Land Management Foundation
Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Board.--The term ''Board'' means the Board of Directors
of the Foundation.
(2) BLM.--The term ''BLM'' means the Bureau of Land
Management.
(3) Chairman.--The term ''Chairman'' means the Chairman of
the Board.
(4) Director.--The term ''Director'' means an individual
member of the Board.
(5) Foundation.--The term ''Foundation'' means the Bureau
of Land Management Foundation established by this Act.
(6) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(7) National conservation lands.--The term ''National
Conservation Lands'' means the system of lands established by
section 2002 of the Omnibus Public Lands Management Act of 2009
(16 U.S.C. 7202).
(8) Wild free-roaming horses and burros.--The term ''wild
free-roaming horses and burros'' has the same meaning that term
has under section 2(b) of the Wild Free-Roaming Horses And
Burros Act Of 1971 (16 U.S.C. 1332(b)).
(9) Orphaned oil and gas well sites.--The term ''orphaned
oil and gas well sites'' means all onshore oil and gas wells in
the United States that have no responsible or liable parties
and that--
(A) are located on federally managed lands;
(B) are located on lands or minerals that were
federally managed at the time oil and gas operations
were initiated; or
(C) adversely impact the health or productivity of
Federal lands.
(10) Abandoned mine lands.--The term ''abandoned mine
lands'' means all hard rock mines in the United States that
were abandoned before January 1, 1981, and all coal mines in
the United States that were abandoned before August 3, 1977,
and that--
(A) are located on federally managed lands;
(B) are located on lands or minerals that were
federally managed at the time mining operations were
initiated; or
(C) adversely impact the health or productivity of
Federal lands.

SEC. 3. ESTABLISHMENT AND PURPOSES OF THE BUREAU OF LAND MANAGEMENT
FOUNDATION.

(a) Establishment.--There is established the Bureau of Land
Management Foundation as a charitable and nonprofit corporation that
shall not be considered an agency or establishment of the United
States.
(b) Purposes.--
(1) In general.--The purposes of the Foundation are to--
(A) encourage, accept, obtain, administer, and use
private gifts of money, devises, and bequests of real
and personal property for the benefit of, or in
connection with, the activities and services of the BLM
described in subparagraph (B);
(B) undertake, conduct, and encourage programs and
activities that support--
(i) educational, technical, scientific, and
other assistance or activities that support the
management of BLM lands in regard to--
(I) wild free-roaming horses and
burros;
(II) fish and wildlife and their
habitats;
(III) National Conservation Lands;
(IV) recreation resources; and
(V) cultural and historic
resources; and
(ii) activities that support the
reclamation and remediation of--
(I) abandoned mine lands;
(II) orphaned oil and gas well
sites; or
(III) public lands impacted by
development connected to mineral
exploration and development activities.
(2) Included reclamation activities.--Reclamation
activities under paragraph (1)(B) should include, but not be
limited to, the remediation of soil and water contamination,
the restoration of wildlife habitat in order to restore the
natural, scenic, historic, cultural, and ecological values of
such areas, or the promotion of the economic potential of such
areas.
(c) Activities of the Foundation and the Bureau of Land
Management.--The activities of the Foundation authorized under this Act
shall be supplemental to and shall not preempt any authority or
responsibility of the BLM under any other provision of law.
(d) Range of Foundation Activities.--The activities and grants made
by the Foundation under subsection (b)(1)(B) that are not subject to
limitations under section 5(d)(4) shall be undertaken in equal
proportion under clauses (i) and (ii) of subsection (b)(1)(B).

SEC. 4. BOARD OF DIRECTORS.

(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors, which shall consist of no more than nine
members, each of whom shall be a United States citizen.
(2) Requirements of members.--Of the appointed members of
the Board--
(A) at least three shall have education or
experience in natural, cultural, conservation, or other
resource management, law, research, or advocacy;
(B) at least three shall have education or
experience in energy and minerals development,
reclamation, or remediation; and
(C) up to three shall be appointed as at-large
members.
(3) Ex officio member.--The Director of the Bureau of Land
Management, or a designee of the Director of the Bureau of Land
Management, shall be an ex officio nonvoting member of the
Board.
(b) Appointment and Terms.--
(1) Initial appointment.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall appoint
the members of the Board in accordance with paragraph (6) who,
except as otherwise provided in paragraph (2), shall be
appointed for terms of 6 years.
(2) Staggered appointments.--In appointing the initial
members of the Board, the Secretary shall appoint, as
determined to be appropriate by the Secretary--
(A) one-third of the members to serve an initial
term of 2 years;
(B) one-third of the members to serve an initial
term of 4 years; and
(C) one-third of the members to serve an initial
term of 6 years.
(3) Vacancy.--A vacancy on the Board shall be--
(A) filled not later than 60 days after the vacancy
occurs, in the manner of which the original appointment
was made; and
(B) for the balance of the term of the individual
who was replaced.
(4) Removal.--A Director may be removed from the Board by a
majority vote of the Board if the individual misses three
consecutive regularly scheduled meetings.
(5) Term limit.--In no case may an individual serve more
than 12 consecutive years on the Board.
(6) Nominations.--The Secretary shall publish a
solicitation in the Federal Register seeking nominations from
the public of individuals for appointment to the Board. Such
solicitation shall be open for a period of 30 days. Nominations
submitted shall not be binding, but the Secretary shall give
consideration to the names received. Within 30 days after the
end of such period, the Secretary shall appoint members who
comply with the requirements of subsection (a)(2), and publish
the names and backgrounds of those appointed in the Federal
Register.
(7) Representation of diverse areas of expertise.--In
appointing the members of the Board the Secretary shall seek to
appoint, and may give preference to, individuals who have
experience with State or local government partnerships and
represent diverse areas of expertise.
(c) Chairman.--The Chairman--
(1) shall be elected by the Board from its members for a 2-
year term; and
(2) may be reelected as Chairman while serving as a
Director.
(d) Quorum.--A majority of the current voting membership of the
Board shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairman at
least once a year.
(f) Reimbursement of Expenses.--Serving as a Director shall not
constitute employment by the United States Government for any purpose.
Members of the Board shall serve without pay other than reimbursement
for the actual and necessary traveling and subsistence expenses
incurred in the performance of their duties for the Foundation in
accordance with section 5703 of title 5, United States Code.
(g) General Powers.--The Board may complete the organization of the
Foundation by appointing officers and employees, adopting a
constitution and bylaws consistent with the purposes of the Foundation
and this Act, and undertaking other such acts as may be necessary to
function and to carry out the provisions of this title.
(h) Officers and Employees.--Officers and employees of the
Foundation may not be appointed until the Foundation has sufficient
funds to pay them for their service. Appointment as an officer or
employee of the Foundation shall not constitute employment by the
United States.
(i) Limitation and Conflicts of Interest.--
(1) Prohibition on political campaign activity.--The
Foundation shall not participate or intervene in a political
campaign on behalf of any candidate for public office.
(2) Conflict of interest.--No Director, officer, or
employee of the Foundation shall participate, directly or
indirectly, in the consideration or determination of any
particular matter before the Foundation affecting--
(A) the financial interests of that Director,
officer, employee, or an immediate family member of
such Director, officer, or employee; or
(B) the interests of any corporation, partnership,
entity, or organization in which such Director,
officer, employee, or an immediate family member of
such Director, officer, or employee--
(i) is an officer, director, or trustee; or
(ii) has any direct financial interest.
(3) Limitation on administrative expenditure.--Starting in
the fifth fiscal year beginning after the date of the enactment
of this Act, of the amounts available to the Foundation for
expenditure each fiscal year, not more than 15 percent may be
used for administrative expenses.

SEC. 5. POWERS AND OBLIGATIONS.

(a) In General.--The Foundation--
(1) shall have perpetual succession; and
(2) may conduct business throughout the several States,
territories, and possessions of the United States.
(b) Notice and Service of Process.--The Foundation shall at all
times maintain a designated agent in the District of Columbia
authorized to accept service of process for the Foundation. The serving
of notice to, or service of process upon, the agent required under this
subsection, or mailed to the business address of such agent, shall be
treated as service upon or notice to the Foundation.
(c) Seal.--The Foundation shall have an official seal selected by
the Board, which shall be judicially noticed.
(d) Powers.--In addition to powers otherwise authorized under this
Act, to carry out its purposes the Foundation shall have the usual
powers of a not-for-profit corporation in the District of Columbia,
including the power to--
(1) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, either absolutely or in trust, of
real or personal property or any income therefrom or other
interest therein;
(2) acquire by donation, gift, devise, purchase, or
exchange, and dispose of, any real or personal property or
interest therein;
(3) sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income therefrom unless
limited by the instrument of transfer;
(4) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, at the request of the donor thereof,
strictly and exclusively for any purpose set forth in section
3(b), and such use shall include the expenditure of funds or
use of property for reasonable administrative expenses related
to actions to carry out the bequest;
(5) borrow money and issue bonds, debentures, or other debt
instruments;
(6) sue and be sued, and complain and defend itself in any
court of competent jurisdiction, except that the Directors of
the Board shall not be personally liable, except for gross
negligence;
(7) enter into contracts or other arrangements with public
agencies, private organizations, and persons and to make such
payments as may be necessary to carry out the purposes thereof;
and
(8) do any and all acts necessary and proper to carry out
the purposes of the Foundation.
(e) Property.--
(1) Acceptance of property.--A gift, devise, or bequest of
real property may be accepted by the Foundation even though it
is encumbered, restricted, or subject to beneficial interests
of private persons if any current or future interest therein is
for the benefit of the Foundation.
(2) Refusal of property.--The Foundation may, in its
discretion, decline any gift, devise, or bequest of real or
personal property.
(3) Title and interest in real property.--For the purposes
of this Act, an interest in real property shall be treated as
including mineral and water rights, rights-of-way, and
easements, appurtenant or in gross.
(4) Condemnation of real property prohibited.--No lands or
waters, or interests therein, that are owned by the Foundation
shall be subject to condemnation by any State or political
subdivision, or any agent of instrumentality thereof.
(5) Limitation on the acquisition of real property.--The
Foundation shall not use any funds to purchase real property,
unless such property is to be used by the Foundation for
administrative or other support purposes or is an easement for
right-of-way access necessary to utilize, manage, or otherwise
dispose of any bequest or gift of real property to the
Foundation.

SEC. 6. ADMINISTRATIVE SERVICES AND SUPPORT.

(a) Establishment Support.--For fiscal years 2017 through 2019, the
Foundation may accept Federal funds from a Federal agency under any
other Federal law for use by the Foundation for the purposes of
assisting the Foundation in establishing an office and meeting initial
administrative, project, and other expenses in conformance with this
Act.
(b) Administrative Services.--The Secretary may provide personnel,
facilities, equipment, and other administrative services to the
Foundation with such limitations and on such terms and conditions as
the Secretary shall establish. The Foundation may reimburse the
Secretary for any support provided under this subsection, in whole or
in part, and any reimbursement received by the Secretary under this
subsection shall be deposited into the Treasury to the credit of the
appropriations then current and chargeable for the cost of providing
the services.

SEC. 7. VOLUNTEERS.

The Secretary may accept, without regard to the civil service
classification laws, rules, and regulations, the services of the
Foundation, the Board, and the offices, employees, or agents of the
Foundation, without compensation from the Department of the Interior,
as volunteers for the performance of the functions under section 307(d)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1737(d)).

SEC. 8. AUDITS AND REPORTS REQUIREMENTS.

(a) Audits.--For purposes of section 10101 of title 36, United
States Code, the Foundation shall be treated as a corporation in part B
of subtitle II of such title.
(b) Annual Report.--The Foundation shall transmit at the end of
each fiscal year a report to Congress of its proceedings and activities
during that fiscal year, including--
(1) a full and complete statement of its receipts,
expenditures, and investments;
(2) a description of all acquisition and disposal of real
property by the Foundation;
(3) a detailed statement of the recipient, amount, and
purpose of each grant made by the Foundation; and
(4) a copy of any audit prepared for the Foundation in the
previous fiscal year.

SEC. 9. UNITED STATES RELEASE FROM LIABILITY.

The United States shall not be liable for any debts, defaults,
acts, or omissions of the Foundation, nor shall the full faith and
credit of the United States extend to any obligations of the
Foundation.

SEC. 10. RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO
ACT.

The Attorney General may petition in the United States District
Court for the District of Columbia for such equitable relief as may be
necessary or appropriate if the Foundation engages in any act,
practice, or policy that is inconsistent with this Act or the bylaws of
the Foundation.

SEC. 11. LIMITATION ON AUTHORITY.

Nothing in this Act authorizes the Foundation to perform any
function the authority for which is exclusively provided to the BLM
under any other provision of law.

SEC. 12. LIMITATIONS ON USE OF FUNDS.

Amounts available to, or provided by, the Foundation shall not be
used for--
(1) any activity the purpose of which is to influence
legislation pending before Congress; or
(2) any activity inconsistent with this Act.

SEC. 13. CLARIFICATION ON FUNDING.

No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.

Passed the House of Representatives July 5, 2016.

Attest:

KAREN L. HAAS,

Clerk.

A:
Bureau of Land Management Foundation Act (Sec. 3) This bill establishes the Bureau of Land Management Foundation as a charitable, nonprofit organization to encourage, accept, obtain, administer, and use private gifts of money, devises, and bequests of real and personal property for the benefit of, or in connection with, the activities and services of the Bureau of Land Management (BLM). The foundation shall conduct and encourage programs and activities that support: educational, technical, scientific, and other assistance or activities to support the management of BLM lands with regard to wild free-roaming horses and burros, fish and wildlife and their habitats, National Conservation Lands, and recreation, cultural, and historic resources; and activities that support the reclamation and remediation of specified abandoned mine lands, specified orphaned oil and gas well sites, or public lands impacted by development connected to mineral exploration and development activities. Reclamation activities are to include the remediation of soil and water contamination; the restoration of wildlife habitat in order to restore the natural, scenic, historic, cultural, and ecological values of those areas; or promotion of the areas' economic potential.
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