--H.R.5872--
H.R.5872
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Sequestration Transparency Act of 2012'.
- (a) In General- Not later than 30 days after the date of enactment of this Act, the President shall submit to Congress a detailed report on the sequestration required to be ordered by paragraphs (7)(A) and (8) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) for fiscal year 2013 on January 2, 2013.
- (b) Contents of Report- The report required by subsection (a) shall include--
- (1) for discretionary appropriations--
- (A) an estimate for each category of the sequestration percentages and amounts necessary to achieve the required reduction; and
- (B)(i) for accounts that are funded pursuant to an enacted regular appropriation bill for fiscal year 2013, an identification of each account to be sequestered and estimates of the level of sequestrable budgetary resources and resulting reductions at the program, project, and activity level based upon the enacted level of appropriations; and
- (ii) for accounts that have not been funded pursuant to an enacted regular appropriation bill for fiscal year 2013, an identification of each account to be sequestered and estimates pursuant to a continuing resolution at a rate of operations as provided in the applicable appropriation Act for fiscal year 2012 of the level of sequestrable budgetary resources and resulting reductions at the program, project, and activity level;
- (2) for direct spending--
- (A) an estimate for the defense and nondefense functions based on current law of the sequestration percentages and amount necessary to achieve the required reduction; and
- (B) an identification of the reductions required for each nonexempt direct spending account at the program, project, and activity level;
- (3) an identification of all exempt discretionary accounts and of all exempt direct spending accounts; and
- (4) any other data and explanations that enhance public understanding of the sequester and actions to be taken under it.
- (c) Agency Assistance- (1) Upon the request of the Director of the Office of Management and Budget (in assisting the President in the preparation of the report under subsection (a)), the head of each agency, after consultation with the chairs and ranking members of the Committees on Appropriations of the House of Representatives and the Senate, shall promptly provide to the Director information at the program, project, and activity level necessary for the Director to prepare the report under subsection (a).
- (2) As used in this subsection, the term `agency' means any executive agency as defined in section 105 of title 5, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
--S.679--
S.679
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Presidential Appointment Efficiency and Streamlining Act of 2011'.
- (a) Agriculture-
- (1) ASSISTANT SECRETARY OF AGRICULTURE FOR ADMINISTRATION- Section 218(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(b)) is amended--
- (A) by striking `subsection (a)' and inserting `paragraph (1) or (3) of subsection (a)';
- (B) by striking subsection (c); and
- (C) by redesignating subsection (d) as subsection (c).
- (2) RURAL UTILITIES SERVICE ADMINISTRATOR- Section 232(b)(1) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)(1)) is amended--
- (A) by striking `, by and with the advice and consent of the Senate';
- (B) by striking paragraph (2); and
- (C) by redesignating paragraph (3) as paragraph (2).
- (3) COMMODITY CREDIT CORPORATION- Section 9(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a)) is amended in the third sentence by striking `by and with the advice and consent of the Senate'.
- (b) Commerce-
- (1) CHIEF SCIENTIST; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION- Section 2(d) of Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) is amended by striking `, by and with the advice and consent of the Senate,'.
- (c) Department of Defense-
- (1) ASSISTANT SECRETARIES OF DEFENSE-
- (A) IN GENERAL- Section 138(a)(1) of title 10, United States Code, is amended by striking `16' and inserting `14'.
- (B) ADMINISTRATION OF REDUCTION- The Assistant Secretary of Defense positions eliminated in accordance with the reduction in numbers required by the amendment made by subparagraph (A) shall be--
- (i) the Assistant Secretary of Defense for Networks and Information Integration; and
- (ii) the Assistant Secretary of Defense for Public Affairs.
- (C) CONTINUED SERVICE OF INCUMBENTS- Notwithstanding the requirements of this paragraph, any individual serving in a position described under subparagraph (B) on the date of the enactment of this Act may continue to serve in such position without regard to the limitation imposed by the amendment in subparagraph (A).
- (D) PLAN FOR SUCCESSOR POSITIONS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall report to the congressional defense committees on his plan for successor positions, not subject to Senate confirmation, for the positions eliminated in accordance with the requirements of this paragraph.
- (2) MEMBERS OF NATIONAL SECURITY EDUCATION BOARD- Section 803(b)(7) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking `by and with the advice and consent of the Senate,'.
- (3) DIRECTOR OF SELECTIVE SERVICE- Section 10(a)(3) of the Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is amended by striking `, by and with the advice and consent of the Senate'.
- (d) Department of Education-
- (1) ASSISTANT SECRETARY FOR MANAGEMENT- Section 202(e) of the Department of Education Organization Act (20 U.S.C. 3412(e)) is amended by inserting after the first sentence the following: `Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate.'.
- (2) COMMISSIONER, EDUCATION STATISTICS- Section 117(b) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b)) is amended by striking `, by and with the advice and consent of the Senate,'.
- (e) Department of Health and Human Services-
- (1) ASSISTANT SECRETARY FOR PUBLIC AFFAIRS- Notwithstanding any other provision of law, the appointment of an individual to serve as the Assistant Secretary for Public Affairs within the Department of Health and Human Services shall not be subject to the advice and consent of the Senate.
- (f) Department of Homeland Security-
- (1) DIRECTOR OF THE OFFICE FOR DOMESTIC PREPAREDNESS; ASSISTANT ADMINISTRATOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, GRANT PROGRAMS- Section 430(b) of the Homeland Security Act of 2002 (6 U.S.C. 238(b)) is amended by striking `, by and with the advice and consent of the Senate'.
- (2) ADMINISTRATOR OF THE UNITED STATES FIRE ADMINISTRATION- Section 5(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)) is amended by striking `, by and with the advice and consent of the Senate,'.
- (3) DIRECTOR OF THE OFFICE OF COUNTERNARCOTICS ENFORCEMENT- Section 878(a) of the Homeland Security Act of 2002 (6 U.S.C. 458(a)) is amended by striking `, by and with the advice and consent of the Senate'.
- (4) CHIEF MEDICAL OFFICER- Section 516(a) of the Homeland Security Act of 2002 (6 U.S.C. 321e(a)) is amended by striking `, by and with the advice and consent of the Senate'.
- (5) ASSISTANT SECRETARIES- Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a) is amended--
- (A) by striking `There' and inserting `(1) IN GENERAL- Except as provided under paragraph (2), there';
- (B) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively; and
- (C) by adding at the end the following:
- `(2) ASSISTANT SECRETARIES- If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate.'.
- (g) Housing and Urban Development; Assistant Secretary for Public Affairs- Section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended--
- (1) by inserting `(1)' after `(a)';
- (2) by striking `eight' and inserting `7'; and
- (3) by adding at the end the following:
- `(2) There shall be in the Department an Assistant Secretary for Public Affairs, who shall be appointed by the President and shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time.'.
- (h) Department of Justice-
- (1) DIRECTOR, BUREAU OF JUSTICE STATISTICS- Section 302(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732(b)) is amended by striking `, by and with the advice and consent of the Senate'.
- (2) DIRECTOR, BUREAU OF JUSTICE ASSISTANCE- Section 401(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741(b)) is amended by striking `, by and with the advice and consent of the Senate'.
- (3) DIRECTOR, NATIONAL INSTITUTE OF JUSTICE- Section 202(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722(b)) is amended by striking `, by and with the advice and consent of the Senate'.
- (4) ADMINISTRATOR, OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION- Section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)) is amended by striking `, by and with the advice and consent of the Senate,'.
- (5) DIRECTOR, OFFICE FOR VICTIMS OF CRIME- Section 1411(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is amended by striking `, by and with the advice and consent of the Senate'.
- (i) Department of Labor-
- (1) ASSISTANT SECRETARIES FOR ADMINISTRATION AND MANAGEMENT AND PUBLIC AFFAIRS- Notwithstanding section 2 of the Act of April 17, 1946 (29 U.S.C. 553), the appointment of individuals to serve as the Assistant Secretary for Administration and Management and the Assistant Secretary for Public Affairs within the Department of Labor, shall not be subject to the advice and consent of the Senate.
- (2) DIRECTOR OF THE WOMEN'S BUREAU- Section 2 of the Act of June 5, 1920 (29 U.S.C. 12) is amended by striking `, by and with the advice and consent of the Senate'.
- (j) Department of State; Assistant Secretary for Public Affairs and Assistant Secretary for Administration- Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended--
- (1) by striking `, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and'; and
- (2) by adding at the end the following: `Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.'.
- (k) Department of Transportation-
- (1) ASSISTANT SECRETARIES- Section 102(e) of title 49, United States Code, is amended--
- (A) by striking `(e) THE DEPARTMENT' and all that follows through `An Assistant Secretary' and inserting the following:
- `(e) Assistant Secretaries; General Counsel-
- `(1) APPOINTMENT- The Department has 5 Assistant Secretaries and a General Counsel, including--
- `(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, and an Assistant Secretary for Transportation Policy, who shall each be appointed by the President, with the advice and consent of the Senate;
- `(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President;
- `(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President; and
- `(D) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate.
- `(2) DUTIES AND POWERS- The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary'.
- (2) DEPUTY ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION- Section 106 of title 49, United States Code, is amended--
- (A) in subsection (b), by striking `. The Administration has a Deputy Administrator. They are appointed' and inserting `, who shall be appointed'; and
- (B) in subsection (d)(1), by striking `The Deputy Administrator must' and inserting `The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall'.
- (l) Department of the Treasury-
- (1) ASSISTANT SECRETARIES FOR PUBLIC AFFAIRS AND MANAGEMENT- Section 301(e) of title 31, United States Code, is amended--
- (A) by striking `10 Assistant Secretaries' and inserting `8 Assistant Secretaries'; and
- (B) by inserting `The Department shall have 2 Assistant Secretaries not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management.' after the first sentence.
- (2) TREASURER OF THE UNITED STATES- Section 301(d) of title 31, United States Code, is amended--
- (A) by striking `2 Deputy Under Secretaries, and a Treasurer of the United States' and inserting `and 2 Deputy Under Secretaries', and
- (B) by inserting `and a Treasurer of the United States appointed by the President' after `Fiscal Assistant Secretary appointed by the Secretary'.
- (m) Department of Veterans Affairs- Section 308(a) of title 38, United States Code, is amended--
- (1) by striking `There shall' and inserting `(1) There shall';
- (2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking `Each Assistant' and all that follows through the period at the end; and
- (3) by adding at the end the following new paragraphs:
- `(2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate.
- `(3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate:
- `(A) The Assistant Secretary for Management.
- `(B) The Assistant Secretary for Human Resources and Administration.
- `(C) The Assistant Secretary for Public and Intergovernmental Affairs.
- `(D) The Assistant Secretary for Operations, Security, and Preparedness.'.
- (n) Appalachian Regional Commission; Alternate Federal Co-Chairman- Section 14301(b)(2) of title 40, United States Code, is amended by striking `by and with the advice and consent of the Senate'.
- (o) Council of Economic Advisers, Members- Section 10 of the Employment Act of 1946 (15 U.S.C. 1023) is amended by striking subsection (a) and inserting the following:
- `(a) Creation; Composition; Qualifications; Chairman and Vice Chairman-
- `(1) CREATION- There is created in the Executive Office of the President a Council of Economic Advisers (hereinafter called the `Council').
- `(2) COMPOSITION- The Council shall be composed of three members, of whom--
- `(A) 1 shall be the chairman who shall be appointed by the President by and with the advice and consent of the Senate; and
- `(B) 2 shall be appointed by the President.
- `(3) QUALIFICATIONS- Each member shall be a person who, as a result of training, experience, and attainments, is exceptionally qualified to analyze and interpret economic developments, to appraise programs and activities of the Government in the light of the policy declared in section 2, and to formulate and recommend national economic policy to promote full employment, production, and purchasing power under free competitive enterprise.
- `(4) VICE CHAIRMAN- The President shall designate 1 of the members of the Council as vice chairman, who shall act as chairman in the absence of the chairman.'.
- (p) Corporation for National and Community Service; Managing Director- Section 194(a)(1) of the National and Community Service Act of 1990 (42 U.S.C. 12651e(a)(1)) is amended by striking `, by and with the advice and consent of the Senate'.
- (q) National Council on Disability Members- Section 400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended by striking `, by and with the advice and consent of the Senate'.
- (r) National Foundation on the Arts and the Humanities; National Museum and Library Services Board; Members- Section 207(b)(1) of the Museum and Library Services Act (20 U.S.C. 9105a(b)(1)) is amended--
- (1) in subparagraph (D), by striking `, by and with the advice and consent of the Senate'; and
- (2) in subparagraph (E), by striking `, by and with the advice and consent of the Senate'.
- (s) National Science Foundation; Board Members- Section 4(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(a)) is amended by striking `, by and with the advice and consent of the Senate,'.
- (t) Office of National Drug Control Policy; Deputy Directors- Section 704(a)(1) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read as follows:
- `(1) IN GENERAL-
- `(A) DIRECTOR- The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President.
- `(B) DEPUTY DIRECTORS- The Deputy Director of National Drug Control Policy, Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State, Local, and Tribal Affairs shall each be appointed by the President and serve at the pleasure of the President.
- `(C) DEPUTY DIRECTOR FOR DEMAND REDUCTION- In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational, or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.'.
- (u) Office of Navajo and Hopi Relocation; Commissioner- Section 12(b)(1) of Public Law 93-531 (25 U.S.C. 640d-11(b)(1)) is amended by striking `by and with the advice and consent of the Senate'.
- (v) United States Agency for International Development-
- (1) ASSISTANT ADMINISTRATOR FOR MANAGEMENT- Notwithstanding section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), the appointment by the President of the Assistant Administrator for Management at the United States Agency for International Development shall not be subject to the advice and consent of the Senate.
- (w) Community Development Financial Institution Fund; Administrator- Section 104(b)(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended by striking `, by and with the advice and consent of the Senate'.
- (x) Department of Transportation; St. Lawrence Seaway Development Corporation; Administrator- Subsection (a) of section 2 of the Act of May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 982(a)) is amended by striking `, by and with the advice and consent of the Senate, for a term of seven years'.
- (y) Mississippi River Commission; Commissioner- Section 2 of the Act of June 28, 1879 (33 U.S.C. 642), is amended in the first sentence by striking `, by and with the advice and consent of the Senate,'.
- (z) Governor and Alternate Governor of the African Development Bank-
- (1) IN GENERAL- Section 1333 of the African Development Bank Act (22 U.S.C. 290i-1) is amended--
- (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
- (B) by striking `(a) The President' and all that follows through `The term of office' and inserting the following:
- `(a) The President shall appoint a Governor and an Alternate Governor of the Bank--
- `(1) by and with the advice and consent of the Senate; or
- `(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate.
- `(b) The term of office'.
- (2) CONFORMING AMENDMENTS- Section 1334 of such Act (22 U.S.C. 290i-2) is amended--
- (A) by striking `The Director or Alternate Director' and inserting the following:
- `(b) The Director or Alternate Director'; and
- (B) by inserting before subsection (b), as redesignated, the following:
- `(a) The President, by and with the advice and consent of the Senate, shall appoint a Director of the Bank.'.
- (aa) Governor and Alternate Governor of the Asian Development Bank- Section 3(a) of the Asian Development Bank Act (22 U.S.C. 285a(a)) is amended to read as follows:
- `(a) The President shall appoint--
- `(1) a Governor of the Bank and an alternate for the Governor--
- `(A) by and with the advice and consent of the Senate; or
- `(B) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate; and
- `(2) a Director of the Bank, by and with the advice and consent of the Senate.'.
- (bb) Governor and Alternate Governor of the African Development Fund- Section 203(a) of the African Development Fund Act (22 U.S.C. 290g-1(a)) is amended to read as follows:
- `(a) The President shall appoint a Governor, and an Alternate Governor, of the Fund--
- `(1) by and with the advice and consent of the Senate; or
- `(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate.'.
- (cc) National Board for Education Sciences; Members- Section 116(c)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9516(c)(1)) is amended by striking `, by and with the advice and consent of the Senate'.
- (dd) National Institute for Literacy Advisory Board; Members- Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(e)(1)(A)) is amended by striking `with the advice and consent of the Senate'.
- (ee) Institute of American Indian and Alaska Native Culture and Arts Development; Member, Board of Trustees- Section 1505 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4412(a)(1)(A)) is amended by striking `by and with the advice and consent of the Senate'.
- (ff) Public Health Service Commissioned Officer Corps-
- (1) APPOINTMENT- Section 203(a)(3) of the Public Health Service Act (42 U.S.C. 204(a)(3)) is amended by striking `with the advice and consent of the Senate'.
- (2) PROMOTIONS- Section 210(a) of the Public Health Service Act (42 U.S.C. 211(a)) is amended by striking `, by and with the advice and consent of the Senate'.
- (gg) National Oceanic and Atmospheric Administration Commissioned Officer Corps-
- (1) APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES- Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended by striking `, by and with the advice and consent of the Senate'.
- (2) POSITIONS OF IMPORTANCE AND RESPONSIBILITY- Section 228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by striking `, by and with the advice and consent of the Senate'.
- (3) TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY- Section 229 of such Act (33 U.S.C. 3029) is amended--
- (A) by striking `alone' each place it appears; and
- (B) in subsection (a), in the second sentence, by striking `unless the Senate sooner gives its advice and consent to the appointment'.
- (hh) Rule of Construction- Notwithstanding section 3132(a)(2) of title 5, United States Code, removal of Senate confirmation for any position in this section shall not--
- (1) result in any such position being placed in the Senior Executive Service; or
- (2) alter compensation for any such position under the Executive Schedule or other applicable compensation provisions of law.
- (a) In General- Section 21 of the title 13, United States Code, is amended to read as follows:
-`Sec. 21. Director of the Census; duties
- `(a) Appointment-
- `(1) IN GENERAL- The Bureau shall be headed by a Director of the Census, appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation.
- `(2) QUALIFICATIONS- Such appointment shall be made from individuals who have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data.
- `(b) Term of Office-
- `(1) IN GENERAL- The term of office of the Director shall be 5 years, and shall begin on January 1, 2012, and every fifth year thereafter. An individual may not serve more than 2 full terms as Director.
- `(2) VACANCIES- Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which such individual's predecessor was appointed, shall be appointed for the remainder of that term. The Director may serve after the end of the Director's term until reappointed or until a successor has been appointed, but in no event longer than 1 year after the end of such term.
- `(3) REMOVAL- An individual serving as Director may be removed from office by the President. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 60 days before the removal.
- `(4) PERSONNEL ACTIONS- Except as provided under paragraph (3), nothing in this subsection shall prohibit a personnel action otherwise authorized by law with respect to the Director of the Census, other than removal.
- `(c) Duties- The Director shall perform such duties as may be imposed upon the Director by law, regulations, or orders of the Secretary.'.
- (b) Transition Rules-
- (1) APPOINTMENT OF INITIAL DIRECTOR- The initial Director of the Bureau of the Census shall be appointed in accordance with the provisions of section 21(a) of title 13, United States Code, as amended by subsection (a).
- (2) INTERIM ROLE OF CURRENT DIRECTOR OF THE CENSUS AFTER DATE OF ENACTMENT- If, as of January 1, 2012, the initial Director of the Bureau of the Census has not taken office, the officer serving on December 31, 2011, as Director of the Census (or Acting Director of the Census, if applicable) in the Department of Commerce--
- (A) shall serve as the Director of the Bureau of the Census; and
- (B) shall assume the powers and duties of such Director for one term beginning January 1, 2012, as described in section 21(b) of such title, as so amended.
- (c) Technical and Conforming Amendments- Not later than January 1, 2012, the Secretary of Commerce, in consultation with the Director of the Census, shall submit to each House of the Congress draft legislation containing any technical and conforming amendments to title 13, United States Code, and any other provisions which may be necessary to carry out the purposes of this section.
- (a) Establishment- There is established the Working Group on Streamlining Paperwork for Executive Nominations (in this section referred to as the `Working Group').
- (b) Membership-
- (1) COMPOSITION- The Working Group shall be composed of--
- (A) the chairperson who shall be--
- (i) except as provided under clause (ii), the Director of the Office of Presidential Personnel; or
- (ii) a Federal officer designated by the President;
- (B) representatives designated by the President from--
- (i) the Office of Personnel Management;
- (ii) the Office of Government Ethics; and
- (iii) the Federal Bureau of Investigation; and
- (C) individuals appointed by the chairperson of the Working Group who have experience and expertise relating to the Working Group, including--
- (i) individuals from other relevant Federal agencies; and
- (ii) individuals with relevant experience from previous presidential administrations.
- (c) Streamlining of Paperwork Required for Executive Nominations-
- (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Working Group shall conduct a study and submit a report on the streamlining of paperwork required for executive nominations to--
- (A) the President;
- (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
- (C) the Committee on Rules and Administration of the Senate.
- (2) CONSULTATION WITH COMMITTEES OF THE SENATE- In conducting the study under this section, the Working Group shall consult with the chairperson and ranking member of the committees referred to under paragraph (1) (B) and (C).
- (3) CONTENTS-
- (A) IN GENERAL- The report submitted under this section shall include--
- (i) recommendations for the streamlining of paperwork required for executive nominations; and
- (ii) a detailed plan for the creation and implementation of an electronic system for collecting and distributing background information from potential and actual Presidential nominees for positions which require appointment by and with the advice and consent of the Senate.
- (B) ELECTRONIC SYSTEM- The electronic system described under subparagraph (A)(ii) shall--
- (i) provide for--
- (I) less burden on potential nominees for positions which require appointment by and with the advice and consent of the Senate;
- (II) faster delivery of background information to Congress, the White House, the Federal Bureau of Investigation, Diplomatic Security, and the Office of Government Ethics; and
- (III) fewer errors of omission; and
- (ii) ensure the existence and operation of a single, searchable form which shall be known as a `Smart Form' and shall--
- (I) be free to a nominee and easy to use;
- (II) make it possible for the nominee to answer all vetting questions one way, at a single time;
- (III) secure the information provided by a nominee;
- (IV) allow for multiple submissions over time, but always in the format requested by the vetting agency or entity;
- (V) be compatible across different computer platforms;
- (VI) make it possible to easily add, modify, or subtract vetting questions;
- (VII) allow error checking; and
- (VIII) allow the user to track the progress of a nominee in providing the required information.
- (d) Review of Background Investigation Requirements-
- (1) IN GENERAL- The Working Group shall conduct a review of the impact of background investigation requirements on the appointments process.
- (2) CONDUCT OF REVIEW- In conducting the review, the Working Group shall--
- (A) assess the feasibility of using personnel other than Federal Bureau of Investigation personnel, in appropriate circumstances, to conduct background investigations of individuals under consideration for positions appointed by the President, by and with the advice and consent of the Senate; and
- (B) consider the extent to which the scope of the background investigation conducted for an individual under consideration for a position appointed by the President, by and with the advice and consent of the Senate, should be varied depending on the nature of the position for which the individual is being considered.
- (3) REPORT- Not later than 270 days after the date of enactment of this Act, the Working Group shall submit a report of the findings of the review under this subsection to--
- (A) the President;
- (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
- (C) the Committee on Rules and Administration of the Senate.
- (e) Personnel Matters-
- (1) COMPENSATION OF MEMBERS-
- (A) FEDERAL OFFICERS AND EMPLOYEES- Each member of the Working Group who is a Federal officer or employee shall serve without compensation in addition to that received for their services as a Federal officer or employee.
- (B) MEMBERS NOT FEDERAL OFFICERS AND EMPLOYEES- Each member of the Working Group who is not a Federal officer or employee shall not be compensated for services performed for the Working Group.
- (2) TRAVEL EXPENSES- The members of the Working Group shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Working Group.
- (3) STAFF-
- (A) IN GENERAL- The President may designate Federal officers and employees to provide support services for the Working Group.
- (B) DETAIL OF FEDERAL EMPLOYEES- Any Federal employee may be detailed to the Working Group without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
- (f) Non-Applicability of Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Working Group established under this section.
- (g) Termination of the Working Group- The Working Group shall terminate 60 days after the date on which the Working Group submits the latter of the 2 reports under this section.
- (a) Definitions- In this section--
- (1) the term `agency' means an Executive agency defined under section 105 of title 5, United States Code; and
- (2) the term `covered position' means a position in an agency that requires appointment by the President without the advice and consent of the Senate.
- (b) In General- Not later than 180 days after the date of enactment of this Act, the Government Accountability Office shall conduct a study and submit a report on covered positions to Congress and the President.
- (c) Contents- The report submitted under this section shall include--
- (1) a determination of the number of covered positions in each agency;
- (2) an evaluation of whether maintaining the total number of covered positions is necessary;
- (3) an evaluation of the benefits and disadvantages of--
- (A) eliminating certain covered positions;
- (B) converting certain covered positions to career positions or positions in the Senior Executive Service that are not career reserved positions; and
- (C) converting any categories of covered positions to career positions;
- (4) the identification of--
- (A) covered positions described under paragraph (3)(A) and (B); and
- (B) categories of covered positions described under paragraph (3)(C); and
- (5) any other recommendations relating to covered positions.
- (a) Presidential Appointments Not Subject to Senate Approval- The amendments made by section 2 shall take effect 60 days after the date of enactment of this Act and apply to appointments made on and after that effective date, including any nomination pending in the Senate on that date.
- (b) Director of the Census and Working Group- The provisions of sections 3 and 4 (including any amendments made by those sections) shall take effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
--S.1959--
S.1959
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Haqqani Network Terrorist Designation Act of 2012'.
- (a) Findings- Congress makes the following findings:
- (1) A report of the Congressional Research Service on relations between the United States and Pakistan states that `[t]he terrorist network led by Jalaluddin Haqqani and his son Sirajuddin, based in the FATA, is commonly identified as the most dangerous of Afghan insurgent groups battling U.S.-led forces in eastern Afghanistan'.
- (2) The report further states that, in mid-2011, the Haqqanis undertook several high-visibility attacks in Afghanistan. First, a late June assault on the Intercontinental Hotel in Kabul by 8 Haqqani gunmen and suicide bombers left 18 people dead. Then, on September 10, a truck bomb attack on a United States military base by Haqqani fighters in the Wardak province injured 77 United States troops and killed 5 Afghans. A September 13 attack on the United States Embassy compound in Kabul involved an assault that sparked a 20-hour-long gun battle and left 16 Afghans dead, 5 police officers and at least 6 children among them.
- (3) The report further states that `U.S. and Afghan officials concluded the Embassy attackers were members of the Haqqani network'.
- (4) In September 22, 2011, testimony before the Committee on Armed Services of the Senate, Chairman of the Joint Chiefs of Staff Admiral Mullen stated that `[t]he Haqqani network, for one, acts as a veritable arm of Pakistan's Inter-Services Intelligence agency. With ISI support, Haqqani operatives plan and conducted that [September 13] truck bomb attack, as well as the assault on our embassy. We also have credible evidence they were behind the June 28th attack on the Intercontinental Hotel in Kabul and a host of other smaller but effective operations'.
- (5) In October 27, 2011, testimony before the Committee on Foreign Affairs of the House of Representatives, Secretary of State Hillary Clinton stated that `we are taking action to target the Haqqani leadership on both sides of the border. We're increasing international efforts to squeeze them operationally and financially. We are already working with the Pakistanis to target those who are behind a lot of the attacks against Afghans and Americans. And I made it very clear to the Pakistanis that the attack on our embassy was an outrage and the attack on our forward operating base that injured 77 of our soldiers was a similar outrage.'.
- (6) At the same hearing, Secretary of State Clinton further stated that `I think everyone agrees that the Haqqani Network has safe havens inside Pakistan; that those safe havens give them a place to plan and direct operations that kill Afghans and Americans.'.
- (7) On November 1, 2011, the United States Government added Haji Mali Kahn to a list of specially designated global terrorists under Executive Order 13224. The Department of State described Khan as `a Haqqani Network commander' who has `overseen hundreds of fighters, and has instructed his subordinates to conduct terrorist acts.' The designation continued, `Mali Khan has provided support and logistics to the Haqqani Network, and has been involved in the planning and execution of attacks in Afghanistan against civilians, coalition forces, and Afghan police'. According to Jason Blazakis, the chief of the Terrorist Designations Unit of the Department of State, Khan also has links to al-Qaeda.
- (8) Five other top Haqqani Network leaders have been placed on the list of specially designated global terrorists under Executive Order 13224 since 2008, and three of them have been so placed in the last year. Sirajuddin Haqqani, the overall leader of the Haqqani Network as well as the leader of the Taliban's Mira shah Regional Military Shura, was designated by the Secretary of State as a terrorist in March 2008, and in March 2009, the Secretary of State put out a bounty of $5,000,000 for information leading to his capture. The other four individuals so designated are Nasiruddin Haqqani, Khalil al Rahman Haqqani, Badruddin Haqqani, and Mullah Sangeen Zadran.
- (b) Sense of Congress- It is the sense of Congress that--
- (1) the Haqqani Network meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
- (2) the Secretary of State should so designate the Haqqani Network as a foreign terrorist organization under such section 219.
- (c) Report-
- (1) REPORT REQUIRED- Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress--
- (A) a detailed report on whether the Haqqani Network meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
- (B) if the Secretary determines that the Haqqani Network does not meet the criteria set forth under such section 219, a detailed justification as to which criteria have not been met.
- (2) FORM- The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
- (3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this subsection, the term `appropriate committees of Congress' means--
- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and
- (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives.
- (d) Construction- Nothing in this Act may be construed to infringe upon the sovereignty of Pakistan to combat militant or terrorist groups operating inside the boundaries of Pakistan.
Vice President of the United States and
President of the Senate.
--H.R.1369--
H.R.1369
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. WARREN LINDLEY POST OFFICE.
- (a) Designation- The facility of the United States Postal Service located at 1021 Pennsylvania Avenue in Hartshorne, Oklahoma, as the `Warren Lindley Post Office'.
- (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the `Warren Lindley Post Office'.
Vice President of the United States and
President of the Senate.
--H.R.1560--
H.R.1560
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. BLOOD QUANTUM REQUIREMENT DETERMINED BY TRIBE.
- Section 108(a)(2) of the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act (25 U.S.C. 1300g-7(a)(2)) is amended to read as follows:
- `(2) any person of Tigua Ysleta del Sur Pueblo Indian blood enrolled by the tribe.'.
Vice President of the United States and
President of the Senate.
Beginning
- SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
- Sec. 1. Short title; table of contents.
- Sec. 2. References to title 38, United States Code.
- Sec. 3. Scoring of budgetary effects.
- Sec. 101. Short title.
- Sec. 102. Hospital care and medical services for veterans stationed at Camp Lejeune, North Carolina.
- Sec. 103. Authority to waive collection of copayments for telehealth and telemedicine visits of veterans.
- Sec. 105. Contracts and agreements for nursing home care.
- Sec. 106. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents.
- Sec. 107. Rehabilitative services for veterans with traumatic brain injury.
- Sec. 108. Teleconsultation and telemedicine.
- Sec. 109. Use of service dogs on property of the Department of Veterans Affairs.
- Sec. 110. Recognition of rural health resource centers in Office of Rural Health.
- Sec. 112. Extension of authority for copayments.
- Sec. 113. Extension of authority for recovery of cost of certain care and services.
- Sec. 201. Short title.
- Sec. 203. Expansion of eligibility for specially adapted housing assistance for veterans with vision impairment.
- Sec. 204. Revised limitations on assistance furnished for acquisition and adaptation of housing for disabled veterans.
- Sec. 205. Improvements to assistance for disabled veterans residing in housing owned by a family member.
- Sec. 206. Department of Veterans Affairs housing loan guarantees for surviving spouses of certain totally disabled veterans.
- Sec. 208. Making permanent project for guaranteeing of adjustable rate mortgages.
- Sec. 209. Making permanent project for insuring hybrid adjustable rate mortgages.
- Sec. 210. Waiver of loan fee for individuals with disability ratings issued during pre-discharge programs.
- Sec. 211. Modification of authorities for enhanced-use leases of real property.
- Sec. 301. Enhancement of comprehensive service programs.
- Sec. 303. Modification of grant program for homeless veterans with special needs.
- Sec. 304. Collaboration in provision of case management services to homeless veterans in supported housing program.
- Sec. 305. Extensions of previously fully funded authorities affecting homeless veterans.
- Sec. 501. Automatic waiver of agency of original jurisdiction review of new evidence.
- Sec. 502. Authority for certain persons to sign claims filed with Secretary of Veterans Affairs on behalf of claimants.
- Sec. 503. Improvement of process for filing jointly for social security and dependency and indemnity compensation.
- Sec. 505. Duty to assist claimants in obtaining private records.
- Sec. 601. Prohibition on disruptions of funerals of members or former members of the Armed Forces.
- Sec. 602. Codification of prohibition against reservation of gravesites at Arlington National Cemetery.
- Sec. 604. Requirements for the placement of monuments in Arlington National Cemetery.
- Sec. 701. Assistance to veterans affected by natural disasters.
- Sec. 702. Extension of certain expiring provisions of law.
- Sec. 704. Modification of provision relating to reimbursement rate for ambulance services.
- Sec. 705. Change in collection and verification of veteran income.
- Sec. 707. Quarterly reports to Congress on conferences sponsored by the Department.
- Sec. 708. Publication of data on employment of certain veterans by Federal contractors.
- Sec. 709. VetStar Award Program.
--H.R.3276--
H.R.3276
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. REVEREND ABE BROWN POST OFFICE BUILDING.
- (a) Designation- The facility of the United States Postal Service located at 2810 East Hillsborough Avenue in Tampa, Florida, shall be known and designated as the `Reverend Abe Brown Post Office Building'.
- (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the `Reverend Abe Brown Post Office Building'.
Vice President of the United States and
President of the Senate.
--H.R.3412--
H.R.3412
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SERGEANT RICHARD FRANKLIN ABSHIRE POST OFFICE BUILDING.
- (a) Designation- The facility of the United States Postal Service located at 1421 Veterans Memorial Drive in Abbeville, Louisiana, shall be known and designated as the `Sergeant Richard Franklin Abshire Post Office Building'.
- (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the `Sergeant Richard Franklin Abshire Post Office Building'.
Vice President of the United States and
President of the Senate.
--H.R.3501--
H.R.3501
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SPC NICHOLAS SCOTT HARTGE POST OFFICE.
- (a) Designation- The facility of the United States Postal Service located at 125 Kerr Avenue in Rome City, Indiana, shall be known and designated as the `SPC Nicholas Scott Hartge Post Office'.
- (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the `SPC Nicholas Scott Hartge Post Office'.
Vice President of the United States and
President of the Senate.
H.R.5986 -- To amend the African Growth and Opportunity Act to extend the third-country fabric program and to add South Sudan to the list of countries eligible for designation under that Act, to... (Engrossed in House [Passed House] - EH)
HR 5986 EH
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO AFRICAN GROWTH AND OPPORTUNITY ACT.
- (a) Extension of Third-Country Fabric Program- Section 112(c)(1) of the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended--
- (1) in the paragraph heading, by striking `2012' and inserting `2015';
- (2) in subparagraph (A), by striking `2012' and inserting `2015'; and
- (3) in subparagraph (B)(ii), by striking `2012' and inserting `2015'.
- (b) Addition of South Sudan- Section 107 of that Act (19 U.S.C. 3706) is amended by inserting after `Republic of South Africa (South Africa).' the following:
- `Republic of South Sudan (South Sudan).'.
- (c) Conforming Amendment- Section 102(2) of that Act (19 U.S.C. 3701(2)) is amended by striking `48'.
- (d) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.
SEC. 2. MODIFICATIONS TO TEXTILE AND APPAREL RULES OF ORIGIN FOR THE DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE TRADE AGREEMENT.
- (a) Definitions- In this section:
- (1) AGREEMENT- The term `Agreement' has the meaning given the term in section 3(1) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4002(1)).
- (2) CAFTA-DR COUNTRY- The term `CAFTA-DR country' has the meaning given the term in section 3(2) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4002(2)).
- (3) HTS- The term `HTS' means the Harmonized Tariff Schedule of the United States.
- (4) TRADE REPRESENTATIVE- The term `Trade Representative' means the United States Trade Representative.
- (b) Modifications to the Textile and Apparel Rules of Origin-
- (1) INTERPRETATION AND APPLICATION OF RULES OF ORIGIN- Subdivision (m)(viii) of general note 29 of the HTS is amended as follows:
- (A) The matter following subdivision (A)(2) is amended by striking the second sentence and inserting the following: `Any elastomeric yarn (except latex) contained in the originating yarns referred to in subdivision (A)(2) must be formed in the territory of one or more of the parties to the Agreement.'.
- (B) Subdivision (B) is amended--
- (i) in the matter preceding subdivision (B)(1), by striking `exclusive of collars and cuffs where applicable,' and inserting `exclusive of collars, cuffs and ribbed waistbands (only if the ribbed waistband is present in combination with cuffs and identical in fabric construction to the cuffs) where applicable,';
- (ii) in subdivision (B)(2), by inserting `or knit to shape components' after `one or more fabrics';
- (iii) by amending subdivision (B)(3) to read as follows:
- `(3) any combination of the fabrics referred to in subdivision (B)(1), the fabrics or knit to shape components referred to in subdivision (B)(2), or one or more fabrics or knit to shape components originating under this note.'; and
- (iv) in the matter following subdivision (B)(3), by striking the last sentence and inserting the following: `Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (B)(3) must be formed in the territory of one or more of the parties to the Agreement.'.
- (C) Subdivision (C) is amended--
- (i) in subdivision (C)(2), by inserting `or knit to shape components' after `one or more fabrics';
- (ii) by amending subdivision (C)(3) to read as follows:
- `(3) any combination of the fabrics referred to in subdivision (C)(1), the fabrics or knit to shape components referred to in subdivision (C)(2) or one or more fabrics or knit to shape components originating under this note.'; and
- (iii) in the matter following subdivision (C)(3), by striking the second sentence and inserting the following: `Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (C)(3) must be formed in the territory of one or more of the parties to the Agreement.'.
- (2) CHANGE IN TARIFF CLASSIFICATION RULES- Subdivision (n) of general note 29 of the HTS is amended as follows:
- (A) Chapter rule 4 to chapter 61 is amended--
- (i) by striking `5401 or 5508' and inserting `5401, or 5508 or yarn of heading 5402 used as sewing thread,'; and
- (ii) by inserting `or yarn' after `only if such sewing thread'.
- (B) The chapter rules to chapter 61 are amended by inserting after chapter rule 5 the following:
- `Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 61 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5 to this chapter, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.'.
- (C) Chapter rules 3, 4, and 5 to chapter 62 are each amended by striking `nightwear' each place it appears and inserting `sleepwear'.
- (D) Chapter rule 4 to chapter 62 is amended--
- (i) by striking `5401 or 5508' and inserting `5401, or 5508 or yarn of heading 5402 used as sewing thread,'; and
- (ii) by inserting `or yarn' after `only if such sewing thread'.
- (E) The chapter rules to chapter 62 are amended by inserting after chapter rule 5 the following:
- `Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 62 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.'.
- (F) Tariff classification rule 33 to chapter 62 is amended to read as follows:
- `33. A change to pajamas and sleepwear of subheadings 6207.21 or 6207.22, tariff items 6207.91.30 or 6207.92.40, subheadings 6208.21 or 6208.22 or tariff items 6208.91.30, 6208.92.00 or 6208.99.20 from any other chapter, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement.'.
- (G) Chapter rule 2 to chapter 63 is amended--
- (i) by striking `5401 or 5508' and inserting `5401, or 5508 or yarn of heading 5402 used as sewing thread,'; and
- (ii) by inserting `or yarn' after `only if such sewing thread'.
- (H) The chapter rules to chapter 63 are amended by inserting after chapter rule 2 the following:
- `Chapter rule 3: Notwithstanding chapter rule 2 to this chapter, a good of this chapter shall be considered originating regardless of the origin of sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 2 to this chapter, provided the thread or yarn is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.'.
- (3) EFFECTIVE DATE-
- (A) IN GENERAL- The amendments made by this subsection apply to goods of a CAFTA-DR country that are entered, or withdrawn from warehouse for consumption, on or after the date that the Trade Representative determines is the first date on which the equivalent amendments to the rules of origin of the Agreement have entered into force in all CAFTA-DR countries.
- (B) PUBLICATION OF DETERMINATION- The Trade Representative shall promptly publish notice of the determination under subparagraph (A) in the Federal Register.
SEC. 3. EXTENSION OF AND RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM AND DEMOCRACY ACT OF 2003.
- (a) Extension of Burmese Freedom and Democracy Act of 2003- Section 9(b)(3) of the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by striking `nine years' and inserting `twelve years'.
- (b) Renewal of Import Restrictions-
- (1) IN GENERAL- Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.
- (2) RULE OF CONSTRUCTION- This section shall be deemed to be a `renewal resolution' for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003.
- (c) Effective Date- This section and the amendment made by this section shall take effect on the date of the enactment of this Act or July 26, 2012, whichever occurs first.
SEC. 4. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
- Notwithstanding section 6655 of the Internal Revenue Code of 1986--
- (1) in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year), the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2017 shall be 100.25 percent of such amount; and
- (2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.
SEC. 5. EXTENSION OF CUSTOMS USER FEES.
- Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
- (1) in subparagraph (A), by striking `August 2, 2021' and inserting `October 22, 2021';
- (2) in subparagraph (B)(i), by striking `December 8, 2020' and inserting `October 29, 2021'; and
- (3) by striking subparagraphs (C) and (D).
Attest:
Clerk.
Beginning
- SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
- SEC. 2. DEFINITIONS.
- SEC. 102. DIPLOMATIC EFFORTS TO EXPAND MULTILATERAL SANCTIONS REGIME.
- SEC. 201. EXPANSION OF SANCTIONS WITH RESPECT TO THE ENERGY SECTOR OF IRAN.
- SEC. 203. EXPANSION OF SANCTIONS WITH RESPECT TO DEVELOPMENT BY IRAN OF WEAPONS OF MASS DESTRUCTION.
- SEC. 204. EXPANSION OF SANCTIONS AVAILABLE UNDER THE IRAN SANCTIONS ACT OF 1996.
- SEC. 205. MODIFICATION OF WAIVER STANDARD UNDER THE IRAN SANCTIONS ACT OF 1996.
- SEC. 206. BRIEFINGS ON IMPLEMENTATION OF THE IRAN SANCTIONS ACT OF 1996.
- SEC. 207. EXPANSION OF DEFINITIONS UNDER THE IRAN SANCTIONS ACT OF 1996.
- SEC. 208. SENSE OF CONGRESS ON ENERGY SECTOR OF IRAN.
- SEC. 218. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF SANCTIONS BY FOREIGN SUBSIDIARIES.
- SEC. 219. DISCLOSURES TO THE SECURITIES AND EXCHANGE COMMISSION RELATING TO SANCTIONABLE ACTIVITIES.
- SEC. 222. SENSE OF CONGRESS AND RULE OF CONSTRUCTION RELATING TO CERTAIN AUTHORITIES OF STATE AND LOCAL GOVERNMENTS.
- SEC. 224. REPORTING ON THE IMPORTATION TO AND EXPORTATION FROM IRAN OF CRUDE OIL AND REFINED PETROLEUM PRODUCTS.
- SEC. 304. RULE OF CONSTRUCTION.
- SEC. 414. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS TO INFORMATION IN IRAN.
- SEC. 415. STATEMENT OF POLICY ON POLITICAL PRISONERS.
- SEC. 501. EXCLUSION OF CITIZENS OF IRAN SEEKING EDUCATION RELATING TO THE NUCLEAR AND ENERGY SECTORS OF IRAN.
- SEC. 502. INTERESTS IN CERTAIN FINANCIAL ASSETS OF IRAN.
- SEC. 503. TECHNICAL CORRECTIONS TO SECTION 1245 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012.
- SEC. 504. EXPANSION OF SANCTIONS UNDER SECTION 1245 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012.
- SEC. 505. REPORTS ON NATURAL GAS EXPORTS FROM IRAN.
- SEC. 506. REPORT ON MEMBERSHIP OF IRAN IN INTERNATIONAL ORGANIZATIONS.
- SEC. 507. SENSE OF CONGRESS ON EXPORTATION OF GOODS, SERVICES, AND TECHNOLOGIES FOR AIRCRAFT PRODUCED IN THE UNITED STATES.
- SEC. 601. IMPLEMENTATION; PENALTIES.
- SEC. 602. APPLICABILITY TO CERTAIN INTELLIGENCE ACTIVITIES.
- SEC. 603. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS.
- SEC. 604. RULE OF CONSTRUCTION WITH RESPECT TO USE OF FORCE AGAINST IRAN AND SYRIA.
- SEC. 605. TERMINATION.
- SEC. 701. SHORT TITLE.
- SEC. 704. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN CENSORSHIP OR OTHER FORMS OF REPRESSION IN SYRIA.
- SEC. 705. WAIVER.
--S.270--
S.270
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `La Pine Land Conveyance Act'.
- In this Act:
- (1) CITY- The term `City' means the City of La Pine, Oregon.
- (2) COUNTY- The term `County' means the County of Deschutes, Oregon.
- (3) MAP- The term `map' means the map entitled `La Pine, Oregon Land Transfer' and dated December 11, 2009.
- (4) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
- (a) In General- As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this Act, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the City or County, without consideration, all right, title, and interest of the United States in and to each parcel of land described in subsection (b) for which the City or County has submitted to the Secretary a request for conveyance by the date that is not later than 1 year after the date of enactment of this Act.
- (b) Description of Land- The parcels of land referred to in subsection (a) consist of--
- (1) the approximately 150 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as `parcel A', to be conveyed to the County, which is subject to a right-of-way retained by the Bureau of Land Management for a power substation and transmission line;
- (2) the approximately 750 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as `parcel B', to be conveyed to the County; and
- (3) the approximately 10 acres of land managed by the Bureau of Land Management, Prineville District, Oregon, depicted on the map as `parcel C', to be conveyed to the City.
- (c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
- (d) Use of Conveyed Land-
- (1) IN GENERAL- Consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.), the land conveyed under subsection (a) shall be used for the following public purposes and associated uses:
- (A) The parcel described in subsection (b)(1) shall be used for outdoor recreation, open space, or public parks, including a rodeo ground.
- (B) The parcel described in subsection (b)(2) shall be used for a public sewer system.
- (C) The parcel described in subsection (b)(3) shall be used for a public library, public park, or open space.
- (2) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions for the conveyances under subsection (a) as the Secretary determines to be appropriate to protect the interests of the United States.
- (e) Administrative Costs- The Secretary shall require the County to pay all survey costs and other administrative costs associated with the conveyances to the County under this Act.
- (f) Reversion- If the land conveyed under subsection (a) ceases to be used for the public purpose for which the land was conveyed, the land shall, at the discretion of the Secretary, revert to the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
--S.271--
S.271
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Wallowa Forest Service Compound Conveyance Act'.
- (a) Definitions- In this Act:
- (1) CITY- The term `City' means the city of Wallowa, Oregon.
- (2) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
- (3) WALLOWA FOREST SERVICE COMPOUND- The term `Wallowa Forest Service Compound' means the approximately 1.11 acres of National Forest System land that--
- (A) was donated by the City to the Forest Service on March 18, 1936; and
- (B) is located at 602 First Street, Wallowa, Oregon.
- (b) Conveyance- On the request of the City submitted to the Secretary by the date that is not later than 1 year after the date of enactment of this Act and subject to the provisions of this Act, the Secretary shall convey to the City all right, title, and interest of the United States in and to the Wallowa Forest Service Compound.
- (c) Conditions- The conveyance under subsection (b) shall be--
- (1) by quitclaim deed;
- (2) for no consideration; and
- (3) subject to--
- (A) valid existing rights; and
- (B) such terms and conditions as the Secretary may require.
- (d) Use of Wallowa Forest Service Compound- As a condition of the conveyance under subsection (b), the City shall--
- (1) use the Wallowa Forest Service Compound as a historical and cultural interpretation and education center;
- (2) ensure that the Wallowa Forest Service Compound is managed by a nonprofit entity;
- (3) agree to manage the Wallowa Forest Service Compound with due consideration and protection for the historic values of the Wallowa Forest Service Compound; and
- (4) pay the reasonable administrative costs associated with the conveyance.
- (e) Reversion- In the quitclaim deed to the City, the Secretary shall provide that the Wallowa Forest Service Compound shall revert to the Secretary, at the election of the Secretary, if any of the conditions under subsection (c) or (d) are violated.
Vice President of the United States and
President of the Senate.
--S.739--
S.739
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED VEHICLES IN PARKING AREAS UNDER THE JURISDICTION OF THE SENATE AT NO NET COST TO THE FEDERAL GOVERNMENT.
- (a) Definition- In this Act, the term `covered employee' means--
- (1) an employee whose pay is disbursed by the Secretary of the Senate; or
- (2) any other individual who is authorized to park in any parking area under the jurisdiction of the Senate on Capitol Grounds.
- (b) Authority-
- (1) IN GENERAL- Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading `Capitol Power Plant' under the heading `ARCHITECT OF THE CAPITOL' in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the Senate on Capitol Grounds for use by privately owned vehicles used by Senators or covered employees.
- (2) VENDORS AUTHORIZED- In carrying out paragraph (1), the Architect of the Capitol may use 1 or more vendors on a commission basis.
- (3) APPROVAL OF CONSTRUCTION- The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after--
- (A) submission of written notice detailing the numbers and locations of the battery recharging stations to the Committee on Rules and Administration of the Senate; and
- (B) approval by that Committee.
- (c) Fees and Charges-
- (1) IN GENERAL- Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to Senators and covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery recharging stations.
- (2) APPROVAL OF FEES OR CHARGES- The Architect of the Capitol may establish and adjust fees or charges under paragraph (1) after--
- (A) submission of written notice detailing the amount of the fee or charge to be established or adjusted to the Committee on Rules and Administration of the Senate; and
- (B) approval by that Committee.
- (d) Deposit and Availability of Fees, Charges, and Commissions- Any fees, charges, or commissions collected by the Architect of the Capitol under this section shall be--
- (1) deposited in the Treasury to the credit of the appropriations account described under subsection (b); and
- (2) available for obligation without further appropriation during--
- (A) the fiscal year collected; and
- (B) the fiscal year following the fiscal year collected.
- (e) Reports-
- (1) IN GENERAL- Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Committee on Rules and Administration of the Senate.
- (2) AVOIDING SUBSIDY-
- (A) DETERMINATION- Not later than 3 years after the date of enactment of this Act and every 3 years thereafter, the Architect of the Capitol shall submit a report to the Committee on Rules and Administration of the Senate determining whether Senators and covered employees using battery charging stations as authorized by this Act are receiving a subsidy from the taxpayers.
- (B) MODIFICATION OF RATES AND FEES- If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Committee on Rules and Administration of the Senate on how to update the program to ensure no subsidy is being received. If the committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations.
- (f) Effective Date- This Act shall apply with respect to fiscal year 2011 and each fiscal year thereafter.
Vice President of the United States and
President of the Senate.
S.3363 -- To provide for the use of National Infantry Museum and Soldier Center Commemorative Coin surcharges, and for other purposes. (Enrolled Bill [Final as Passed Both House and Senate] - ENR)
--S.3363--
S.3363
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. NATIONAL INFANTRY MUSEUM AND SOLDIER CENTER COMMEMORATIVE COIN SURCHARGES.
- Section 6(b) of the National Infantry Museum and Soldier Center Commemorative Coin Act (Public Law 110-357, 122 Stat. 3999) is amended by inserting before the period at the end the following: `, and for the retirement of debt associated with building the existing National Infantry Museum and Soldier Center'.
Vice President of the United States and
President of the Senate.
--H.R.3276--
H.R.3276
the third day of January, two thousand and twelve
An Act
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. REVEREND ABE BROWN POST OFFICE BUILDING.
- (a) Designation- The facility of the United States Postal Service located at 2810 East Hillsborough Avenue in Tampa, Florida, shall be known and designated as the `Reverend Abe Brown Post Office Building'.
- (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the `Reverend Abe Brown Post Office Building'.
Vice President of the United States and
President of the Senate.
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