SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Trade Commission Reauthorization Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations. Sec. 3. Independent litigation authority. Sec. 4. Specialized administrative law judges. Sec. 5. Civil penalties for violations of the Federal Trade Commission Act. Sec. 6. Application of Federal Trade Commission Act to tax-exempt organizations. Sec. 7. Aiding and abetting a violation. Sec. 8. Permissive administrative procedure for consumer protection rules. Sec. 9. Rulemaking procedure for subprime lending mortgages and nontraditional mortgage loans. Sec. 10. Harmonizing FTC rules with banking agency rulemaking. Sec. 11. Enforcement by State attorneys general. Sec. 12. Harmonization of national do-not-call registry and effect on State laws. Sec. 13. FTC study of alcoholic beverage marketing practices. Sec. 14. Common carrier exception. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. The text of section 25 of the Federal Trade Commission Act (15 U.S.C. 57c) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry out the functions, powers, and duties of the Commission-- ``(1) $264,000,000 for fiscal year 2009; ``(2) $290,400,000 for fiscal year 2010; ``(3) $319,400,000 for fiscal year 2011; ``(4) $351,400,000 for fiscal year 2012; ``(5) $386,500,000 for fiscal year 2013; ``(6) $425,200,000 for fiscal year 2014; and ``(7) $467,700,000 for fiscal year 2015. ``(b) Litigation and Internet Commerce Technology.--There are authorized to be appropriated to the Commission $20,000,000 for each of fiscal years 2009 through 2015 to be used by the Commission to improve technology in support of the Commission's competition and consumer protection missions. ``(c) International Technical Assistance.--From amounts appropriated pursuant to subsection (a), the Commission may spend up to $10,000,000 for each of fiscal years 2009 through 2015 to continue and enhance its provision of international technical assistance with respect to foreign consumer protection and competition regimes.''. SEC. 3. INDEPENDENT LITIGATION AUTHORITY. Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)) is amended-- (1) by striking paragraph (1) and inserting ``(1) The Commission may commence, defend, or intervene in, and supervise the litigation of any civil action involving this Act (including an action to collect a civil penalty) and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. The Commission shall notify the Attorney General of any such action and may consult with the Attorney General with respect to any such action or request the Attorney General on behalf of the Commission to commence, defend, or intervene in any such action.''; (2) by striking subparagraph (A) of paragraph (3) and inserting ``(A) The Commission may represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2) or may request the Attorney General to represent the Commission before the Supreme Court in any such action.''; and (3) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4). SEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES. (a) In General.--In appointing administrative law judges under section 3105 of title 5, United States Code, to conduct hearings and render initial decisions in formal adjudicative matters before it, the Federal Trade Commission may give preference to administrative law judges who have experience with antitrust or trade regulation litigation and who are familiar with the kinds of economic analysis associated with such litigation. (b) Details.--If the Commission asks the Office of Personnel Management to assign an administrative law judge under section 3344 of title 5, United States Code, to conduct a hearing or render an initial decision in a formal adjudicative matter before it, the Commission may request the assignment of an administrative law judge who has experience with antitrust or trade regulation litigation and is familiar with the kinds of economic analysis associated with such litigation and the Office of Personnel Management shall comply with the request to the maximum extent feasible. SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION ACT. Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)(A)) is amended-- (1) by inserting ``this Act, or'' after ``violates'' the first place it appears; and (2) by inserting ``a violation of this Act or such act is'' after ``such act is''. SEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking ``members.'' in the second full paragraph and inserting ``members, and includes an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.''. SEC. 7. AIDING AND ABETTING A VIOLATION. Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is amended by adding at the end thereof the following: ``It is unlawful for any person to aid or abet another in violating any provision of this Act or any other Act enforceable by the Commission.''. SEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION RULES. (a) In General.--Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) is amended by adding at the end thereof the following: ``(k) Alternative Rulemaking Procedure.--The Commission may, by majority vote of the full Commission, dispense with the requirements of other provisions of this section and of section 22 of this Act with respect to rulemaking involving a consumer protection matter (as determined by the Commission). If the Commission dispenses with such requirements with respect to such a rulemaking, it shall conduct such rulemaking in accordance with section 553 of title 5, United States Code, and in such case the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND NONTRADITIONAL MORTGAGE LOANS. Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as amended by section 8, is further amended by adding at the end thereof the following: ``(l) Special Rule for Certain Mortgage-Related Rulemakings.-- Notwithstanding any other provision of this section, section 22 of this Act, or any other provision of law, the Commission shall conduct rulemaking proceedings with respect to subprime mortgage lending and nontraditional mortgage loans in accordance with section 553 of title 5, United States Code, and the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING. (a) In General.--The second sentence of section 18(f)(1) of the Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended-- (1) by striking ``The Board of Governors of the Federal Reserve System (with respect to banks) and the Federal Home Loan Bank Board (with respect to savings and loan institutions described in paragraph (3))'' and inserting ``Each Federal banking agency (with respect to the depository institutions each such agency supervises)''; and (2) by inserting ``in consultation with the Commission'' after ``shall prescribe regulations''. (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is further amended by inserting after the second sentence the following: ``Such regulations shall be prescribed jointly by such agencies to the extent practicable. Notwithstanding any other provision of this section, whenever such agencies commence such a rulemaking proceeding, the Commission, with respect to the entities within its jurisdiction under this Act, may commence a rulemaking proceeding and prescribe regulations in accordance with section 553 of title 5, United States Code. If the Commission commences such a rulemaking proceeding, the Commission, the Federal banking agencies, and the National Credit Union Administration Board shall consult and coordinate with each other so that the regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency to the extent practicable.''. (c) GAO Study and Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the status of regulations of the Federal banking agencies and the National Credit Union Administration regarding unfair and deceptive acts or practices by the depository institutions. (d) Technical and Conforming Amendments.--Section 18(f) of the Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``banks or savings and loan institutions described in paragraph (3), each agency specified in paragraph (2) or (3) of this subsection shall establish'' and inserting ``depository institutions and Federal credit unions, the Federal banking agencies and the National Credit Union Administration Board shall each establish''; and (B) by striking ``banks or savings and loan institutions described in paragraph (3), subject to its jurisdiction'' before the period and inserting ``depository institutions or Federal credit unions subject to the jurisdiction of such agency or Board''; (2) in the sixth sentence of paragraph (1) (as amended by subsection (b))-- (A) by striking ``each such Board'' and inserting ``each such banking agency and the National Credit Union Administration Board''; (B) by striking ``banks or savings and loan institutions described in paragraph (3)'' each place such term appears and inserting ``depository institutions subject to the jurisdiction of such agency''; (C) by striking ``(A) any such Board'' and inserting ``(A) any such Federal banking agency or the National Credit Union Administration Board''; and (D) by striking ``with respect to banks, savings and loan institutions'' and inserting ``with respect to depository institutions''; (3) by adding at the end of paragraph (1) the following new sentence: ``For purposes of this subsection, the terms `Federal banking agency' and `depository institution' have the same meaning as in section 3 of the Federal Deposit Insurance Act.''; (4) in paragraph (2)(C), by inserting ``than'' after ``(other''; (5) in paragraph (3), by inserting ``by the Director of the Office of Thrift Supervision'' before the period at the end; (6) in paragraph (4), by inserting ``by the National Credit Union Administration'' before the period at the end; and (7) in paragraph (6), by striking ``the Board of Governors of the Federal Reserve System'' and inserting ``any Federal banking agency or the National Credit Union Administration Board''. SEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL (a) In General.--Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of the Federal Trade Commission Act or any other Act enforced by the Federal Trade Commission to obtain penalties and relief provided under such Acts whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of a subprime mortgage lending rule or a nontraditional mortgage loan rule promulgated by the Federal Trade Commission. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (c) Intervention by FTC.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; (2) remove the action to the appropriate United States district court; and (3) file petitions for appeal of a decision in such civil action. (d) Savings Clause.--Nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (e) Venue; Service of Process; Joinder.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which the lender or a related party operates or is authorized to do business; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with a lender or related party to an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Preemptive Action by FTC.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under (a), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (g) Award of Costs and Fees.--If the attorney general of a State prevails in any civil action under subsection (a), the State can recover reasonable costs and attorney fees from the lender or related party. SEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON STATE LAWS. (a) Amendment of the Telemarketing and Consumer Fraud and Abuse Prevention Act.--Section 5 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end thereof the following: ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not- Call Implementation Act (15 U.S.C. 6101 note) preempts any State law that imposes more restrictive requirements on intrastate or interstate telemarketing to telephone numbers on a do-not-call registry maintained by that State.''. (b) Conforming Amendment.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate or'' after ``restrictive''. SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES. Within 2 years after the Federal Trade Commission completes its study entitled Self-Regulation in the Alcohol Industry and every 2 years thereafter, the Commission shall transmit a report to the Congress on advertising and marketing practices for alcoholic beverages, together with such recommendations, including legislative recommendations, as the Commission deems appropriate. In preparing the report, the Commission shall consider information contained in reports by the Secretary of Health and Human services under section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b), and shall include, to the extent feasible, data on measured and unmeasured media by brand and type of beverage, and data on expenditures for slotting and discounting. SEC. 14. COMMON CARRIER EXCEPTION. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking the paragraph containing the definition of the term ``Acts to regulate commerce'' and inserting the following: ```Acts to regulate commerce' means subtitle IV of title 49, United States Code, and all Acts amendatory thereof and supplementary thereto.''.

Summary: Federal Trade Commission Reauthorization Act of 2008 - Amends the Federal Trade Commission Act to authorize appropriations to carry out the powers and duties of the Federal Trade Commission (FTC) and to improve technology regarding the FTC's competition and consumer protection missions. Authorizes the FTC to directly handle civil actions under the Act or to request the Attorney General do so. Allows the FTC to give appointment preference to administrative judges with antitrust or trade regulation litigation and related economic analysis experience. Permits the FTC to commence a civil action to recover civil penalties in a district court for any violation of the Act. Permits the FTC to enforce the Act against nonprofit organizations. Authorizes the FTC to operate under general federal law rulemaking and judicial review provisions instead of under rulemaking provisions of the Act. Requires that the FTC, notwithstanding any other provision of law, conduct rulemaking proceedings regarding subprime mortgage lending and nontraditional mortgage loans in accordance with such general rulemaking and judicial review provisions. Transfers to each federal banking agency, with respect to depository institutions, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System (regarding banks) and the Federal Home Loan Bank Board (regarding savings and loan institutions). Allows a state, except during an FTC action, to bring an action to enforce the Act or any other Act enforced by the FTC regarding violation of an FTC subprime mortgage lending or nontraditional mortgage loan rule. Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to state that more restrictive state laws are not preempted. Provides for an FTC study of alcoholic beverage marketing. Amends the Federal Trade Commission Act to remove references to the Communications Act of 1934 from the definition of "Acts to regulate commerce."


SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Enforcement Review Commission Act''. SEC. 2. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION. There is established the Immigration Enforcement Review Commission (hereinafter referred to as the ``Review Commission''). The Review Commission shall be comprised of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. In the execution of its duties, the Review Commission shall comply with the requirements established in this Act. The Immigration and Naturalization Service and the Customs Service (hereinafter referred to as ``the Services'') shall cooperate fully with the Review Commission and its employees in carrying out the duties of the Review Commission under this Act, and shall provide to the Commission such records as the Commission considers appropriate. SEC. 3. DUTIES OF REVIEW COMMISSION. The Review Commission shall be responsible for investigating complaints of civil rights abuses against the Services, employees of the Services, their divisions, or any facilities where detainees are held in Service custody. Based upon its findings, the Review Commission shall make recommendations to the Services to discipline Service employees responsible for committing abuses. The Review Commission shall also make policy recommendations to the Services as appropriate. SEC. 4. REVIEW COMMISSION. (a) Composition of the Board of Commissioners.--The Board of Commissioners (hereinafter referred to as the ``Board'') shall be composed of 7 members who shall be appointed by the President by and with the advice and consent of the Senate. The President shall designate one member to serve as Director of the Board of Commissioners. Not more than 4 members may be of the same political party. The members of the Board shall be full-time employees. (b) Appointments and Terms of Office.-- (1) Except as provided in paragraph (2), the term of each Commissioner shall be 6 years. (2) Of the members first appointed, 4 shall be appointed to terms of 3 years. Not more than 2 members appointed under this paragraph may be of the same political party. (3) A member appointed to fill a vacancy occurring before the expiration of the term for which that member's predecessor was appointed shall be appointed only for the remainder of that term. (4) No person shall serve as a member of the Board for more than 2 terms. (c) Compensation.--Each member of the Board shall receive compensation at the annual rate of basic pay in effect for level V of the Executive Schedule. (d) Eligibility.--A member of the Board may not have been employed by the Services within the period beginning 5 years before appointment, or employed by any law enforcement agency within the period beginning 1 year before appointment. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Investigations Office.--The Review Commission shall employ such investigative personnel as the Board considers advisable, in accordance with the civil service and classification laws. Investigators shall be charged with the responsibility of investigating all complaints brought to the Review Commission's attention. (b) Community Outreach Office.--The Board shall appoint a Director of Community Outreach. The Director of Community Outreach shall establish local community task forces to improve the working relationship between the Services and local community groups and organizations. (c) Review Commission Facilities.--The Review Commission shall establish a headquarters and 3 regional offices. The Review Commission may not maintain offices in a facility under the control or operation of the Services, or any facility in which either of the Services occupies space. (d) Personnel Limitation.--An employee of the Review Commission may not have been employed by the Services within the period beginning 5 years before appointment or employed by any law enforcement agency within the period beginning 1 year before appointment. (e) Regulations.--The Review Commission is authorized to promulgate such rules and regulations as may be necessary to carry out this Act including procedures for the filing, investigation, and resolution of complaints. SEC. 6. OPERATIONS OF REVIEW COMMISSION. (a) Complaint Forms.-- (1) Complaint forms shall be made available at all Service facilities and shall be available upon request from the Review Commission. (2) The complaint forms shall be written in languages reflecting the languages of the immigrant population. (b) Filing of Complaints.-- (1) Complaints may be filed in person, by mail, by telephone, by facsimile, or by any other reasonable means. Complaints may be filed by any person, including anonymously, and may be filed on behalf of third parties. Complaints need not be filed on the official complaint forms. (2) The Review Commission shall establish and operate a multilingual, 24-hour, toll-free hotline to receive complaints. (3) Whenever possible, upon receipt of a complaint, the Review Commission shall provide to the complainant information which describes the review procedures of the Review Commission. Such information shall be available in languages reflecting the languages of the immigrant population. (c) Public Outreach.-- (1) The Review Commission shall educate members of the public about its functions and shall receive and actively seek out suggestions from the public to improve the functioning of the Review Commission. (2) The Review Commission shall develop outreach materials, which shall include, a description of the Review Commission, its duties, and complaint procedures. Such materials shall be made available to the public in languages reflecting the languages of the immigrant population. (3) The Review Commission shall oversee the display and dissemination of outreach materials at all Service facilities. (d) Service Employees' Duty To Inform Commission.-- (1) When a complaint of agent misconduct is brought to the attention of any Service employee, the employee shall promptly inform the complainant of proper procedures for filing a complaint. (2) A Service employee who witnesses or otherwise obtains actual knowledge of the use of force, that is unreasonable in light of the facts and circumstances and involves another Service employee, shall report such incident to the Review Commission within 24 hours of the acquisition of knowledge of such incident. (3) The Review Commission may promulgate regulations requiring Service employees to report to the Commission other violations of the Services' operating procedures. (e) Investigation of Complaints.--Each complaint shall be investigated by an investigator who shall complete and submit a written report to the Board of Commissioners within 60 days of the assignment, unless the Board authorizes an extension. The Services shall grant investigators access to information, documents, or other items relevant to the matter under investigation. The Board may issue subpoenas. Service employees shall cooperate fully with Review Commission investigations, subject to the protections afforded by the Constitution. Service employees shall be advised of their constitutional rights and the procedural rights afforded under this Act. (f) Disposition of Complaints.-- (1) When the Board receives a written report on a complaint from an investigator, the Board shall designate a panel of 3 of its members (hereinafter referred to as the ``Panel'') to review the report. (2) The Panel shall conduct hearings on the complaint if-- (A) the alleged abuse is of a serious nature, as defined by the regulations prescribed under authority of this Act; or (B) the Panel, by majority vote, decides to hold a hearing. (3) The Panel shall issue a written finding on the complaint based on the report alone or on the report and a hearing, if one is held. (4) The Panel shall forward its finding to both the complainant and the Service employee. The complainant and the Service employee shall have 30 days in which to review the Panel's official finding. During the 30-day period, either the complainant or the Service employee may take one of the following actions: (A) If no hearing was held, request that the Panel conduct a hearing. A hearing shall be held if one member of the Panel votes to hold a hearing. (B) Regardless of whether a hearing was held, request an en banc review of the Panel's decision. An en banc review will be granted if a majority of the Board votes to conduct such review. (5) If neither party makes a request pursuant to subparagraphs (A) or (B) of paragraph (4), or if such a request is denied, then the Board, promptly, shall report its finding to the appropriate Service. (6) All findings made by the Board of Commissioners sitting en banc shall be reported directly to the appropriate Service with copies to the complainant and the Service employee. (g) Hearings.-- (1) Both the complainant and the subject Service employee shall have the right to be represented by counsel or other representative at Board hearings, to present witnesses, and to cross-examine witnesses. (2) Any finding of a violation on the part of a Service employee by the Board must be established by a preponderance of the evidence. (3)(A) Except as provided in subparagraph (B), hearings shall be open to the public and transcripts of hearings shall be available to the public. (B) For good cause the Board of Commissioners may close to the public all or any part of a hearing and may seal all or any part of the transcript of a hearing. (4) Unless mandated by unusual circumstances, a hearing shall be conducted in one location within the United States that is generally convenient to the complainant and any potential witnesses. (h) Disciplinary Recommendations.-- (1) When a finding of a violation may constitute a criminal offense, the Board of Commissioners shall inform the appropriate Federal or State authorities so that appropriate prosecutorial action may be considered. Prosecutorial action shall not relieve the Board of its duties under this Act. (2) When a complaint has been substantiated, the Board shall recommend disciplinary action against the subject Service employee. The Board's recommendations shall be based on a schedule of sanctions determined by the Commission. If the Services do not adopt the recommendations of the Board, they shall provide a written explanation of the grounds for refusal to do so within 30 days of the Board's recommendation. The Commission's recommendations and the Service's explanation shall be made public. (3) Nothing in this Act shall affect the Services' authority to discipline their employees. (i) Early Warning Program.--The Review Commission shall conduct a periodic review of all complaints in order to determine whether particular Service employees have been the subject of repeated complaints or have otherwise demonstrated they may be having difficulty dealing appropriately with members of the public. The results of this review shall be presented to the Services. The Review Commission shall make recommendations to the Services with respect to so identified Service employees including, but not limited to, recommendations of training or counseling. (j) Records of Complaints and Statistical Summaries.--The Review Commission shall maintain records of complaints, including a summary of reports made pursuant to the Early Warning Program under subsection (i). The Review Commission shall compile and publish, at least annually, a statistical summary of all complaints received and the dispositions of such complaints. SEC. 7. RETALIATION. (a) Retaliation Prohibited.--Retaliation is prohibited and shall constitute the basis for a complaint to the Commission. (b) Definition.--For the purposes of this Act, the term ``retaliation'' means any action or threat of action against a person, including a Service employee, because such person filed a complaint, testified, assisted, or participated in any manner in an investigation or hearing related to the complaint procedures established by this Act. SEC. 8. LIMITATION ON USE OF TESTIMONY. No testimony or other information gathered as part of a complaint, investigation, or hearing under this Act may be used in any proceeding under the Immigration and Nationality Act. SEC. 9. FUNDING. Funds authorized to be appropriated for the Offices of Inspector General of the Department of Justice and the Department of the Treasury are authorized to be available to carry out this Act.

Summary: Immigration Enforcement Review Commission Act - Establishes the Immigration Enforcement Review Commission, composed of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. States that the Commission shall: (1) investigate civil rights abuse complaints against the Immigration and Naturalization Service and the Customs Service or their employees; and (2) make policy recommendations as appropriate.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Law Technical Corrections Act of 2007''. SEC. 2. TECHNICAL CORRECTIONS. (a) Securities Act of 1933.--The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended-- (1) in section 3(a)(4) (15 U.S.C. 77c(a)(4)), by striking ``individual;'' and inserting ``individual,''; (2) in section 18(b)(1)(C) (15 U.S.C. 77r(b)(1)(C)), by striking ``is a security'' and inserting ``a security''; (3) in section 18(c)(2)(B)(i) (15 U.S.C. 77r(c)(2)(B)(i)), by striking ``State, or'' and inserting ``State or''; (4) in section 19(d)(6)(A) (15 U.S.C. 77s(d)(6)(A)), by striking ``in paragraph (1) of (3)'' and inserting ``in paragraph (1) or (3)''; and (5) in section 27A(c)(1)(B)(ii) (15 U.S.C. 77z- 2(c)(1)(B)(ii)), by striking ``business entity;'' and inserting ``business entity,''. (b) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is amended-- (1) in section 2(1)(a) (15 U.S.C. 78b(1)(a)), by striking ``affected'' and inserting ``effected''; (2) in section 3(a)(55)(A) (15 U.S.C. 78c(a)(55)(A)), by striking ``section 3(a)(12) of the Securities Exchange Act of 1934'' and inserting ``section 3(a)(12) of this Act''; (3) in section 3(g) (15 U.S.C. 78c(g)), by striking ``company, account person, or entity'' and inserting ``company, account, person, or entity''; (4) in section 10A(i)(1)(B)(i) (15 U.S.C. 78j- 1(i)(1)(B)(i)), by striking ``nonaudit'' and inserting ``non- audit''; (5) in section 13(b)(1) (15 U.S.C. 78m(b)(1)), by striking ``earning statement'' and inserting ``earnings statement''; (6) in section 15(b)(1) (15 U.S.C. 78o(b)(1))-- (A) by striking the sentence beginning ``The order granting'' and ending ``from such membership.'' in subparagraph (B); and (B) inserting such sentence in the matter following such subparagraph after ``are satisfied.''; (7) in section 15 (15 U.S.C. 78o), redesignate subsection (i), as added by section 303(f) of the Commodity Futures Modernization Act of 2000 (114 Stat. 2763A-455), as subsection (j); (8) in section 15C(a)(2) (15 U.S.C. 78o-5(a)(2))-- (A) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (B) by striking the sentence beginning ``The order granting'' and ending ``from such membership.'' in such redesignated subparagraph (B); and (C) inserting such sentence in the matter following such redesignated subparagraph after ``are satisfied.''; (9) in section 16(a)(2)(C) (15 U.S.C. 78p(a)(2)(C)), by striking ``section 206(b)'' and inserting ``section 206B''; (10) in section 17(b)(1)(B) (15 U.S.C. 78q(b)(1)(B)), by striking ``15A(k) gives'' and inserting ``15A(k), give''; and (11) in section 21C(c)(2) (15 U.S.C. 78u-3(c)(2)), by striking ``paragraph (1) subsection'' and inserting ``Paragraph (1)''. (c) Trust Indenture Act of 1939.--The Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) is amended-- (1) in section 304(b) (15 U.S.C. 77ddd(b)), by striking ``section 2 of such Act'' and inserting ``section 2(a) of such Act''; (2) in section 313(a)(4) (15 U.S.C. 77mmm(a)(4)) by striking ``subsection 311'' and inserting ``section 311(b)''; and (3) in section 317(a)(1) (15 U.S.C. 77qqq(a)(1)), by striking ``(1),'' and inserting ``(1)''. (d) Investment Company Act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 2(a)(19) (15 U.S.C. 80a-2(a)(19)) by striking ``clause (vi)'' both places it appears in the last two sentences and inserting ``clause (vii)''; (2) in section 9(b)(4)(B) (15 U.S.C. 80a-9(b)(4)(B)), by inserting ``or'' after the semicolon at the end; (3) in section 12(d)(1)(J) (15 U.S.C. 80a-12(d)(1)(J)), by striking ``any provision of this subsection'' and inserting ``any provision of this paragraph''; (4) in section 13(a)(3) (15 U.S.C. 80a-13(a)(3)), by inserting ``or'' after the semicolon at the end; (5) in section 17(f)(4) (15 U.S.C. 80a-17(f)(4)), by striking ``No such member'' and inserting ``No member of a national securities exchange''; (6) in section 17(f)(6) (15 U.S.C. 80a-17(f)(6)), by striking ``company may serve'' and inserting ``company, may serve''; and (7) in section 61(a)(3)(B)(iii) (15 U.S.C. 80a- 60(a)(3)(B)(iii))-- (A) by striking ``paragraph (1) of section 205'' and inserting ``section 205(a)(1)''; and (B) by striking ``clause (A) or (B) of that section'' and inserting ``section 205(b)(1) or (2)''. (e) Investment Advisers Act of 1940.--The Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended-- (1) in each of the following sections, by striking ``principal business office'' or ``principal place of business'' (whichever and wherever it appears) and inserting ``principal office and place of business'': sections 203(c)(1)(A), 203(k)(4)(B), 213(a), 222(b), and 222(c) (15 U.S.C. 80b-3(c)(1)(A), 80b-3(k)(4)(B), 80b-13(a), 80b-18a(b), and 80b-18a(c)); and (2) in section 206(3) (15 U.S.C. 80b-6(3)), by inserting ``or'' after the semicolon at the end. SEC. 3. CONFORMING AMENDMENTS FOR THE REPEAL OF THE PUBLIC UTILITIES HOLDING COMPANY ACT OF 1935. (a) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is amended-- (1) in section 3(a)(47) (15 U.S.C. 78c(a)(47)), by striking ``the Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et seq.),''; and (2) in section 12(k) (15 U.S.C. 78l(k)), by amending paragraph (7) to read as follows: ``(7) Definition.--For purposes of this subsection, the term `emergency' means-- ``(A) a major market disturbance characterized by or constituting-- ``(i) sudden and excessive fluctuations of securities prices generally, or a substantial threat thereof, that threaten fair and orderly markets; or ``(ii) a substantial disruption of the safe or efficient operation of the national system for clearance and settlement of transactions in securities, or a substantial threat thereof; or ``(B) a major disturbance that substantially disrupts, or threatens to substantially disrupt-- ``(i) the functioning of securities markets, investment companies, or any other significant portion or segment of the securities markets; or ``(ii) the transmission or processing of securities transactions.''. (3) in section 21(h)(2) (15 U.S.C. 78u(h)(2)), by striking ``section 18(c) of the Public Utility Holding Company Act of 1935,''. (b) Trust Indenture Act of 1939.--The Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) is amended-- (1) in section 303 (15 U.S.C. 77ccc), by amending paragraph (17) to read as follows: ``(17) The terms `Securities Act of 1933' and `Securities Exchange Act of 1934' shall be deemed to refer, respectively, to such Acts, as amended, whether amended prior to or after the enactment of this title.''; (2) in section 308 (15 U.S.C. 77hhh), by striking ``Securities Act of 1933, the Securities Exchange Act of 1934, or the Public Utility Holding Company Act of 1935'' each place it appears and inserting ``Securities Act of 1933 or the Securities Exchange Act of 1934''; (3) in section 310 (15 U.S.C. 77jjj), by striking subsection (c) (including the preceding heading); (4) in section 311 (15 U.S.C. 77kkk) by striking subsection (c); (5) in section 323(b) (15 U.S.C. 77www(b)), by striking ``Securities Act of 1933, or the Securities Exchange Act of 1934, or the Public Utility Holding Company Act of 1935'' and inserting ``Securities Act of 1933 or the Securities Exchange Act of 1934''; and (6) in section 326 (15 U.S.C. 77zzz), by striking ``Securities Act of 1933, or the Securities Exchange Act of 1934, or the Public Utility Holding Company Act of 1935,'' and inserting ``Securities Act of 1933 or the Securities Exchange Act of 1934''. (c) Investment Company Act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 2(a)(44) (15 U.S.C. 80a-2(a)(44)), by striking ```Public Utility Holding Company Act of 1935',''; (2) in section 3(c) (15 U.S.C. 80a-3(c)), by amending paragraph (8) to read as follows: ``(8) [Repealed]''; (3) in section 38(b) (15 U.S.C. 80a-37(b)), by striking ``the Public Utility Holding Company Act of 1935,''; and (4) in section 50 (15 U.S.C. 80a-49), by striking ``the Public Utility Holding Company Act of 1935,''. (d) Investment Advisers Act of 1940.--Section 202(a)(21) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(21)) is amended by striking ```Public Utility Holding Company Act of 1935',''. Passed the House of Representatives December 6, 2007. Attest: LORRAINE C. MILLER, Clerk.

Summary: Securities Law Technical Corrections Act of 2007 - Makes technical corrections to the following Acts: (1) the Securities Act of 1933; (2) the Securities Exchange Act of 1934; (3) the Trust Indenture Act of 1939; (4) the Investment Company Act of 1940; and (5) the Investment Advisers Act of 1940. Amends the following statutes to make conforming amendments for the repeal of the Public Utility Holding Company Act of 1935: (1) the Securities Exchange Act of 1934; (2) the Trust Indenture Act of 1939; (3) the Investment Company Act of 1940; and (4) the Investment Advisers Act of 1940.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Free File Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Internal Revenue Service Free File program (hereinafter referred to as the ``IRS Free File Program'') as established by the IRS pursuant to public rulemaking and set forth in the Federal Register, Vol. 67, No. 213, Monday, November 4, 2002, pages 67247-67251, and in implementing agreements and governing rules and requirements between the IRS and the tax software and electronic industry between 2003 and 2015, has been successful and significant in the efforts of the Federal Government to increase the electronic filing of individual income tax returns of low and moderate income taxpayers. (2) By the end of the current tax return filing season more than 45,000,000 Federal individual income tax returns will have been prepared and filed electronically for free over the life of the IRS Free File program. (3) The IRS Free File program offers Federal individual income tax return preparation and electronic filing services to more than 70 percent of taxpayers, approximately 100,000,000 taxpayers at the end of the current tax filing period, with tax software and electronic filing provided at no cost to the taxpayers who use the service or to the Federal Government from tax software and electronic filing companies participating in the program. (4) By the end of the current tax return filing season, it is estimated that the IRS Free File program will have saved taxpayers approximately $1,300,000,0000 and will have saved the Federal Government about $125,000,000 in processing costs. (5) In addition to the IRS Free File Program, the Internal Revenue Service also provides Taxpayer Assistance Centers, Tax Counseling for the Elderly, and Volunteer Income Tax Assistance (VITA) programs. Each of these programs represent important sources of taxpayer assistance and provide taxpayer services through different modalities to serve low and moderate income taxpayers. SEC. 3. FREE FILE PROGRAM. (a) The Secretary of the Treasury, or the Secretary's delegate, shall continue to operate the IRS Free File Program as established by the Internal Revenue Service and published in the Federal Register on November 4, 2002 (67 Fed. Reg. 67247), including any subsequent agreements and governing rules established pursuant thereto. (b) The IRS Free File Program shall continue to provide free commercial-type online individual income tax preparation and electronic filing services to the lowest 70 percent of taxpayers by income. The number of taxpayers eligible to receive such services each year shall be calculated by the Internal Revenue Service annually based on prior year aggregate taxpayer adjusted gross income data. (c) In addition to the services described in subsection (b), and in the same manner, the IRS Free File Program shall continue to make available to all taxpayers (without regard to income) a basic, online electronic fillable forms utility. (d) The IRS Free File Program shall continue to work cooperatively with the private sector to provide the free individual income tax preparation and the electronic filing services described in subsections (b) and (c). (e) The IRS Free File Program shall work cooperatively with State government agencies to enhance and expand the use of the program to provide needed benefits to the taxpayer while reducing the cost of processing returns. (f) Nothing in this Act is intended to impact the continuity of services provided under Taxpayer Assistance Centers, Tax Counseling for the Elderly, and Volunteer Income Tax Assistance programs. SEC. 4. INNOVATIONS. (a) The Secretary of the Treasury, or the Secretary's delegate, shall work with the private sector through the IRS Free File Program to identify and implement, consistent with applicable law, innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns in voluntary compliance. (b) The Internal Revenue Service, and members of the tax software and electronic industry with whom the Internal Revenue Service works through the Free File Program, shall support and promote improvements within the program by mutually testing, piloting, and offering innovative solutions to-- (1) simplify taxpayer compliance with the internal revenue laws, (2) reduce taxpayer compliance burdens, (3) increase individual income tax return accuracy through financial data authentication, (4) strengthen the tax system against existing and emerging fraud and threats of fraud through cybersecurity collaboration, (5) avoid duplication of effort in the tax system, (6) simplify the tax system, (7) maximize the use of electronic technology, and (8) reduce information reporting burdens.

Summary: Free File Act of 2016 This bill requires the Department of the Treasury to continue to operate the Internal Revenue Service (IRS) Free File Program. The program must work with state government agencies to enhance and expand the use of the program, while continuing to: provide free commercial-type online individual income tax preparation and electronic filing services to the lowest 70% of taxpayers by income; provide all taxpayers (regardless of income) with a basic, online electronic fillable forms utility; and work with the private sector to provide the free tax preparation and electronic filing services. Treasury must work with the private sector through the program to identify and implement innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns. The IRS and members of the tax software and electronic industry involved in the program must support and promote improvements within the program by mutually testing, piloting, and offering innovative solutions to: simplify the tax system, reduce compliance and reporting burdens, increase tax return accuracy through financial data authentication, strengthen the tax system against fraud through cybersecurity collaboration, avoid duplication, and maximize the use of electronic technology.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Patient IVIG Access Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare payment for intravenous immune globulins (IVIG). Sec. 4. Coverage and payment of intravenous immune globulin in the home. Sec. 5. Collection of data and review of complexity codes for physician administration of IVIG. Sec. 6. Reports. Sec. 7. Offset. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The 2001 report of the Medicare Payment Advisory Commission to Congress states that ``to help ensure beneficiaries' access to high-quality care, Medicare payments should correspond to the cost efficient providers incur in furnishing this care''. Payments that do not meet this objective may create barriers to access. (2) Intravenous immune globulin (IVIG) is a human blood plasma derived product, which over the past 25 years has become an invaluable therapy for many chronic conditions and illnesses, including primary immunodeficiency diseases, autoimmune, and neurological disorders. For many of these disorders, IVIG is the most effective and viable treatment available, and has dramatically improved the quality of life for persons with these conditions and has become a life-saving therapy for many. (3) The Food and Drug Administration (FDA) recognizes each IVIG brand as a unique biologic. The differences in basic fractionation and the addition of various modifications for further purification, stabilization, and virus inactivation/ removal yield clearly different biological products. As a result, IVIG therapies are not interchangeable, with patient tolerance differing from one IVIG brand to another. (4) The report of the Office of the Assistant Secretary for Planning and Evaluation (ASPE), Department of Health and Human Services (DHHS), ``Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV)'', issued in May 2007, found that IVIG manufacturing is complex and requires substantial upfront cash outlay and planning and takes between 7 and 12 months from plasma collection at donor centers to FDA lot release. (5) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 changed Medicare's reimbursement methodology for IVIG from average wholesale price (AWP) to average sales price plus 6 percent (ASP+6), effective January 1, 2005, for physicians, and January 1, 2006, for hospital outpatient departments, thereby reducing reimbursement rates paid to these providers of IVIG on behalf of Medicare beneficiaries. (6) An Office of the Inspector General (OIG) April 2007 report, Intravenous Immune Globulin: Medicare Payment and Availability, found that Medicare reimbursement for IVIG was inadequate to cover the cost many providers must pay for the product. During the third quarter of 2006, 44 percent of IVIG sales to hospitals and 41 percent of sales to physicians by the three largest distributors occurred at prices above Medicare payment amounts. (7) The ASPE report notes that after the new reimbursement rules for physicians were instituted in 2005, 42 percent of Medicare beneficiaries who had received their IVIG treatment in their physician's office at the end of 2004 were shifted to the hospital outpatient setting by the beginning of 2006. This shift in site of care has resulted in lack of continuity of care and adverse impact on health outcomes and quality of life. (8) The OIG also reported that 61 percent of responding physicians indicated that they had sent patients to hospitals for IVIG treatment, largely because of their inability to purchase IVIG at prices below the Medicare payment amounts. In addition, OIG found that some physicians had stopped providing IVIG to Medicare beneficiaries altogether. (9) The OIG's 2007 report concluded that whatever improvement some providers saw in the relationship of Medicare reimbursement for IVIG to prices paid during the first three quarters of 2006 would be eroded if manufacturers were to increase prices for IVIG in the future. (10) The Centers for Medicare & Medicaid Services, in recognition of dislocations experienced by patients and providers in obtaining IVIG since the change to the ASP+6 reimbursement methodology, has provided during 2006 and 2007 a temporary additional payment for IVIG preadministration-related services to compensate physicians and hospital outpatient departments for the extra resources they have had to expend in locating and obtaining appropriate IVIG products and in scheduling patient infusions. (11) The Medicare Modernization Act of 2003 (MMA) established an IVIG home infusion benefit for persons with primary immunodeficiency disease (PIDD), paying only for IVIG and specifically excluding coverage of items and services related to administration of the product. (12) The ASPE report, Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV), found that Medicare's IVIG home infusion benefit is not designed to reimburse for more than the cost of IVIG and does not cover the cost of infusion services (for example, nursing and clinical services and supplies) in the home. As a consequence, the report found that home infusion providers generally do not accept new PIDD patients with only Medicare coverage. These limitations in service are caused by health care providers-- (A) not being able to acquire IVIG at prices at or below the Medicare part B reimbursement level; and (B) not being reimbursed for the infusion services provided by a nurse. (13) Physicians administering IVIG to Medicare beneficiaries are reimbursed at the same low complexity level as the administration of antibiotics. However the administration of IVIG requires special preparation and handling, involves significant patient risk, and prolonged nursing time to monitor the patient during infusion. SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS (IVIG). (a) In General.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)) is amended-- (1) in paragraph (1)(E)(ii), by inserting before the period the following: ``, plus an additional amount (if applicable) under paragraph (7)''; (2) in paragraph (7), by striking ``(6)'' and inserting ``(7)'' and by redesignating it as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7)(A) Not later than 6 months after the date of the enactment of the Medicare Patient IVIG Access Act of 2009, the Secretary shall-- ``(i) collect data on the differences, if any, between payments to physicians for immune globulins under paragraph (1)(E)(ii) and costs incurred by physicians for furnishing these products; and ``(ii) review available data, including survey data presented by members of the IVIG community and pricing data collected by the Federal Government, on the access of individuals eligible for services under this part to immune globulins. ``(B) Upon completion of the review and collection of data under subparagraph (A), and not later than 7 months after the date of the enactment of this paragraph, the Secretary shall provide, if appropriate, to physicians furnishing immune globulins, a payment, in addition to the payment provided for in paragraph (1)(E)(ii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. Such payment shall continue for a period of 2 years beginning on the date such additional payment is first provided under this subparagraph.''. (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14) of such Act (42 U.S.C. 1395l(t)(14)) is amended-- (1) in subparagraph (A)(iii), in the matter preceding subclause (I), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (I)''; and (2) by adding at the end the following new subparagraph: ``(I) Additional payment for immune globulins.-- ``(i) Data collection and review.--Not later than 6 months after the date of the enactment of the Medicare Patient IVIG Access Act of 2009, the Secretary shall-- ``(I) review available data, including survey data presented by members of the IVIG community and pricing data collected by the Federal Government, on the access of individuals eligible for services under this part to immune globulins; and ``(II) collect data on the differences, if any, between payments for immune globulins under subparagraph (A)(iii) and costs incurred for furnishing these products. ``(ii) Additional payment authority.--Upon completion of the review and collection of data under clause (i), and not later than 7 months after the date of the enactment of this subparagraph, the Secretary shall provide, if appropriate, to hospitals furnishing immune globulins as part of a covered OPD service, a payment, in addition to the payment provided for under subparagraph (A)(iii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. Such payment shall continue for a period of 2 years beginning on the date such additional payment is first provided under this clause.''. SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE HOME. (a) Including Coverage of Administration.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)(Z), by inserting ``and items and services related to the administration of intravenous immune globulin'' after ``globulin''; and (2) in subsection (zz), by striking ``but not including items or services related to the administration of the derivative,''. (b) Payment for Intravenous Immune Globulin Administration in the Home.--Section 1842(o) of such Act (42 U.S.C. 1395u(o)), as amended by section 3(a), is amended-- (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (7) or (8)''; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following new paragraph: ``(8)(A) Subject to subparagraph (B), in the case of intravenous immune globulins described in section 1861(s)(2)(Z) that are furnished on or after January 1, 2010, the Secretary shall provide for a separate payment for items and services related to the administration of such intravenous immune globulins in an amount that the Secretary determines to be appropriate based on a review of available published and unpublished data and information, including the Study of Intravenous Immune Globulin Administration Options: Safety, Access, and Cost Issues conducted by the Secretary (CMS Contract #500-95-0059). Such payment amount may take into account the following: ``(i) Pharmacy overhead and related expenses. ``(ii) Patient service costs. ``(iii) Supply costs. ``(B) The separate payment amount provided under this paragraph for intravenous immune globulins furnished in 2010 or a subsequent year shall be equal to the separate payment amount determined under this paragraph for the previous year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to intravenous immune globulin administered on or after January 1, 2010. SEC. 5. COLLECTION OF DATA AND REVIEW OF COMPLEXITY CODES FOR PHYSICIAN ADMINISTRATION OF IVIG. (a) Data Collection.--The Secretary of Health and Human Services may enter into a contract for the collection of data, by not later than 6 months after the date of the enactment of this Act, on the practice of IVIG infusion, including collection of data on the complexity of such infusions. (b) Data Review.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall review data collected under such contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B of title XVIII of the Social Security Act. (c) Modification of Codes.--Upon completion of any data collection under subsection (a) and the review under subsection (b) and not later than 7 months after the date of the enactment of this Act, the Secretary shall-- (1) provide notice to the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of IVIG reimbursement under part B of title XVIII of the Social Security Act; or (2) submit to Congress and the RBRUS Committee (RUC) a report on why an additional infusion payment code is necessary. SEC. 6. REPORTS. (a) Report by the Secretary.--Not later than 7 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the following: (1) The results of the data collection and review conducted by the Secretary under subparagraph (A) of section 1842(o)(7) of the Social Security Act, as added by section 3(a), and clause (i) of section 1833(t)(14)(I) of such Act, as added by section 3(b). (2) Whether the Secretary plans to use the authority under subparagraph (C) of such section 1842(o)(7) and clause (iii) of such section 1833(t)(14)(I) of such Act to provide an additional payment to physicians furnishing intravenous immune globulins and, if the Secretary does not plan to use such authority, the reasons why the payment is appropriate without such an additional payment based on the data collected and reviewed. (b) MedPAC Report.--Not later than 2 years after the date of the enactment of this Act, the Medicare Payment Advisory Commission shall submit a report to the Secretary and to Congress that contains the following: (1) In the case where the Secretary has used the authority under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the Social Security Act, as added by subsections (a) and (b), respectively, of section 3 to provide an additional payment to physicians furnishing intravenous immune globulins during the preceding year, an analysis of whether beneficiary access to intravenous immune globulins under the Medicare program under title XVIII of the Social Security Act has improved as a result of the Secretary's use of such authority. (2) An analysis of the appropriateness of implementing a new methodology for payment for intravenous immune globulins under part B of title XVIII of the Social Security Act (42 U.S.C. 1395k et seq.). (3) An analysis of the feasibility of reducing the lag time with respect to data used to determine the average sales price under section 1847A of the Social Security Act (42 U.S.C. 1395w-3a). (4) Recommendations for such legislation and administrative action as the Medicare Payment Advisory Commission determines appropriate. SEC. 7. OFFSET. Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is amended by adding at the end the following: ``Such term includes disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.''.

Summary: Medicare Patient IVIG Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to collect data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products. Requires the Secretary also to review data on the access of eligible individuals to immune globulins. Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services. Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home. Allows the Secretary to contract for the collection of data on the practice of IVIG infusion. Directs the Secretary to review data collected under such a contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B (Supplementary Medical Insurance) of SSA title XVIII. Requires the Secretary, upon completion of any data collection and review, to: (1) notify the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of part B IVIG reimbursement; or (2) report to Congress and the RBRUS Committee (RUC) on why an additional infusion payment code is necessary. Extends the meaning of durable medical equipment to include disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securely Expediting Clearances Through Reporting Transparency Act of 2018'' or the ``SECRET Act of 2018''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Bureau'' means the National Background Investigations Bureau of the Office; (2) the term ``Director'' means the Director of National Intelligence acting as the Security Executive Agent; and (3) the term ``Office'' means the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent. SEC. 3. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE INVESTIGATIONS. Not later than 90 days after the date of enactment of this Act, and quarterly thereafter for 5 years, the Director of the Bureau, in coordination with the Director, shall submit to Congress a report on the backlog of personnel security clearance investigations at the Bureau for the most recent full calendar quarter, which shall include-- (1) the size of the backlog of personnel security clearance investigations of the Bureau, including, for each sensitivity level-- (A) the number of interim clearances granted; (B) the number of initial investigations for Federal employees; (C) the number of periodic reinvestigations for Federal employees; (D) the number of initial investigations for employees of Federal contractors; (E) the number of periodic reinvestigations for employees of Federal contractors; (F) the number of initial investigations for employees of, and employees of contractors of, the Department of Defense; (G) the number of periodic reinvestigations for employees of and employees of contractors of the Department of Defense; (H) the number of employees of the Bureau conducting background investigations for the Bureau; and (I) the number of employees of contractors of the Bureau conducting background investigations for the Bureau; (2) the average length of time, for each sensitivity level, for the Bureau to carry out an initial investigation and a periodic reinvestigation; (3) a discussion of the factors contributing to the average length of time to carry out an initial investigation and a periodic reinvestigation; (4) a backlog mitigation plan, which shall include-- (A) the identification of the cause of, and recommendations to remedy, the backlog at the Bureau; (B) the steps the Director of the Bureau shall take to reduce the backlog; (C) process reforms to improve efficiencies in, and the quality of, background investigations by the Bureau; and (D) a projection of when the backlog at the Bureau will be sufficiently reduced to meet required timeliness standards; and (5) a description of improvements in the information and data security of the Bureau. SEC. 4. REPORT ON SECURITY CLEARANCE INVESTIGATIONS OF PERSONNEL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Administration of the Executive Office of the President, in coordination with the Director and the Director of the Office, shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including personnel of the White House Office. SEC. 5. REPORT ON COSTS ASSOCIATED WITH BIFURCATED BACKGROUND INVESTIGATION SYSTEMS. Not later than 120 days after the date of enactment of this Act, the Director of the Office, in consultation with the other members of the Suitability and Security Clearance Performance Accountability Council established under Executive Order 13467 (73 Fed. Reg. 38103) and the Under Secretary of Defense for Intelligence, shall submit to Congress a report on the cost of maintaining comprehensive background investigations capability within the Office under the control or direction of the Bureau and a background investigations capability for Department of Defense personnel under the control or direction of the Department of Defense for implementation of the plan referenced in section 925 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), as compared to the cost of sustaining a single Government-wide background investigations enterprise. SEC. 6. REPORTS ON CONTINUOUS EVALUATION, RECIPROCITY, AND TIMELINESS MEASURES. Not later than 120 days after the date of enactment of this Act, the Director shall submit to Congress reports that provide-- (1) the status of implementing continuous evaluation Government-wide, including-- (A) the number of agencies with continuous evaluation programs and how many of those programs are currently conducting automated records checks of the required data sources as identified by the Director; and (B) a discussion of the barriers for agencies to implement continuous evaluation programs, including any requirement under a statute, regulation, Executive Order, or other administrative requirement; (2) a detailed explanation of efforts by agencies to meet requirements for reciprocal recognition to access classified information, including-- (A) the range of the length of time for agencies to grant reciprocal recognition to access classified information; (B) additional requirements for reinvestigations or readjudications, by agency; and (C) any other barriers to the timely granting of reciprocity, by agency, including any requirement under a statute, regulation, Executive Order, or other administrative requirement; and (3) a review of whether the schedule for processing security clearances under section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) should be modified. SEC. 7. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given the term in Executive Order 13467 (73 Fed. Reg. 38103), or any successor thereto; (2) the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (3) the term ``background investigation'' means any investigation required for the purpose of determining the-- (A) eligibility of a covered individual for logical and physical access to Federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; and (4) the term ``covered individual''-- (A) means a person who performs work for or on behalf of the executive branch or seeks to perform work for or on behalf of the executive branch; (B) is not limited to Federal employees; (C) includes all persons, not excluded under subparagraph (D), who require eligibility for access to classified information or eligibility to hold a sensitive position, including, but not limited to, contractors, subcontractors, licensees, certificate holders, grantees, experts, consultants, and government employees; and (D) does not include-- (i) the President; (ii) employees of the President under section 105 or 107 of title 3, United States Code (except to the extent otherwise directed by the President); (iii) the Vice President; or (iv) employees of the Vice President under section 106 of title 3, United States Code, or an annual legislative branch appropriations Act (except to the extent otherwise directed by the Vice President). (b) Review and Updating.-- (1) Initial review and update of guidance.--Not later than 180 days after the date of enactment of this Act, the Director and the Director of the Office shall review and make recommendations to Congress and the President as appropriate to issue guidance to assist agencies in determining-- (A) position sensitivity designation; and (B) the appropriate background investigation to initiate for each position designation. (2) Reviews and revisions of position designations.--Not less frequently than every 4 years, the President, acting through relevant agencies (as determined by the President) and in accordance with the guidance described in paragraph (1), shall review and, if necessary, revise the position designation of positions within agencies. (c) Reports to Congress.--Not later than 30 days after completing a review under subsection (b)(2), the President shall submit to the appropriate congressional committees a report on-- (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (d) No Change in Authority.--Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Securely Expediting Clearances Through Reporting Transparency Act of 2018 or the SECRET Act of 2018 (Sec. 3) This bill requires the National Background Investigations Bureau (NBIB) within the Office of Personnel Management (OPM) to report on its backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog. (Sec. 4) The Executive Office of the President must report on the process for conducting and adjudicating security clearance investigations for the President's staff. (Sec. 5) The OPM must report on the costs of maintaining comprehensive background investigations capability within both the NBIB and the Department of Defense, compared to the costs of sustaining a single government-wide background investigations enterprise. (Sec. 6) The Office of the Director of National Intelligence (ODNI) must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, and (3) whether the schedule for processing security clearances should be modified. (Sec. 7) The ODNI and the OPM must review and make recommendations to Congress and the President, as appropriate, to issue guidance to assist agencies in determining: (1) position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Library Donation Reform Act of 2016''. SEC. 2. PRESIDENTIAL LIBRARIES. (a) In General.--Section 2112 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(h) Presidential Library Fundraising Organization Reporting Requirement.-- ``(1) Reporting requirement.--Not later than 15 days after the end of a calendar quarter and until the end of the requirement period described in paragraph (2), each Presidential library fundraising organization shall submit to the Archivist information for that quarter in an electronic searchable and sortable format with respect to every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. ``(2) Duration of reporting requirement.--The requirement to submit information under paragraph (1) shall continue until the later of the following occurs: ``(A) The Archivist has accepted, taken title to, or entered into an agreement to use any land or facility for the Presidential archival depository for the President for whom the Presidential library fundraising organization was established. ``(B) The President whose archives are contained in the deposit no longer holds the Office of President. ``(3) Information required to be published.--The Archivist shall publish on the website of the National Archives and Records Administration, within 30 days after each quarterly filing, any information that is submitted under paragraph (1), without a fee or other access charge in a downloadable database. ``(4) Submission of false material information prohibited.-- ``(A) Individual.-- ``(i) Prohibition.--It shall be unlawful for any person who makes a contribution described in paragraph (1) to knowingly and willfully submit false material information or omit material information with respect to the contribution to an organization described in such paragraph. ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(B) Organization.-- ``(i) Prohibition.--It shall be unlawful for any Presidential library fundraising organization to knowingly and willfully submit false material information or omit material information under paragraph (1). ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(5) Prohibition on contribution.-- ``(A) In general.--It shall be unlawful for a person to knowingly and willfully-- ``(i) make a contribution described in paragraph (1) in the name of another person; ``(ii) permit his or her name to be used to effect a contribution described in paragraph (1); or ``(iii) accept a contribution described in paragraph (1) that is made by one person in the name of another person. ``(B) Penalty.--The penalties set forth in section 309(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of section 316(b)(3) of such Act (2 U.S.C. 441b(b)(3)). ``(6) Regulations required.--The Archivist shall promulgate regulations for the purpose of carrying out this subsection. ``(7) Definitions.--In this subsection: ``(A) Information.--The term `information' means the following: ``(i) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the quarter covered by the submission. ``(ii) The source of each such contribution, and the address of the entity or individual that is the source of the contribution. ``(iii) If the source of such a contribution is an individual, the occupation of the individual. ``(iv) The date of each such contribution. ``(B) Presidential library fundraising organization.--The term `Presidential library fundraising organization' means an organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at-- ``(i) a Presidential archival depository; or ``(ii) any facilities relating to a Presidential archival depository.''. (b) Applicability.--Section 2112(h) of title 44, United States Code (as added by subsection (a))-- (1) shall apply to an organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository before, on, or after the date of the enactment of this Act; and (2) shall only apply with respect to contributions (whether monetary or in-kind) made after the date of the enactment of this Act. SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives January 11, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: Presidential Library Donation Reform Act of 2016 (Sec. 2) This bill requires each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration (National Archives) on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. The Archivist of the United States shall publish such information on the website of the National Archives within 30 days after each quarterly filing. It shall be unlawful for contributors or fundraising organizations knowingly and willfully to submit false information or omit material information. Prescribes criminal penalties for violation of this prohibition. (Sec. 3) No additional funds are authorized to carry out this Act's requirements. Such requirements shall be carried out using amounts otherwise authorized.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Tribe'' means the Swan Creek and Black River Confederated Ojibwa Tribes of Michigan; (2) the term ``member'' means an individual who is eligible for enrollment in the Tribe pursuant to section 4; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. The Congress finds the following: (1) The Tribe is the descendant of, and political successor to, the signatories of the 1785 Treaty of McIntosh (7 Stat. 16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795 Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105); the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7 Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of 1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836 Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657). (2) The aboriginal lands of the Tribe comprise the area which is now known as Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. The boundaries of the Tribe's aboriginal lands extend from Monroe County in the Southeast, to Sanilac County in the North, to Genesee County in the West. (3) The cession treaties, from the 1807 Treaty of Detroit through the 1836 Treaty of Washington, legitimated seizure of tribal lands by settlers, forced the Tribe to relinquish most of its rich aboriginal lands in southeastern Michigan, relegating the Tribe to small tracts of land in Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan, and its members to small annuity payments by the United States. (4) The 1836 Treaty of Washington compelled the Tribe to relinquish the small tracts of land granted in the 1807 Treaty of Detroit, purportedly in exchange for future annuity payments and an equivalent amount of land in Kansas. The 1807 treaty did not require the Tribe to relocate to the lands in Kansas and only 51 members actually did so. According to the 1845 United States Richmond census documents, the majority of the Tribe migrated north to Lapeer County, Michigan or remained in the counties of Macomb, Wayne, Washtenaw, and St. Clair. (5) Pursuant to the 1855 Treaty of Detroit, members of the Tribe were requested to relocate from their homes in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to non-aboriginal lands further north in Isabella County, Michigan, where tribal members were entitled to individual land allotments. Many members remained in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties. For the administrative convenience of the Federal Government, the 1855 Treaty of Detroit also relocated the Saginaw Band of Chippewa Indians, including some Potowatomis and Ottawas to the newly-established reservation lands in Isabella County. Article 6 of that treaty also provided that the organization of the Tribe and of the Saginaw Band of Chippewa Indians was dissolved, ``except so far as may be necessary for the purpose of carrying into effect'' the provisions of the treaty. (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly grouped different bands of Ottawa and Chippewa Indians for administrative convenience. Article 5 of that treaty provided for dissolution of the organization of these bands except so far as may be necessary for the purpose of carrying into effect the provisions of that treaty. Subsequent judicial interpretation of that article determined that its intent was to dissolve the Federal Government's fictional coupling of these tribes, not to destroy their independent sovereign existence. Public Law 103-324 confirmed this interpretation by reaffirming the Federal recognition of the Little River Band of Ottawa Indians as a tribe separate and distinct from the Chippewa Indians. (7) The Treaty of 1864 confirmed continued Federal acknowledgement of the Tribe by specifically naming the Swan Creek and Black River Chippewas in that treaty's preamble. (8) Over time and without justification, the Federal Government unilaterally withdrew from the Federal relationship established with the Tribe through the aforementioned treaties. The Tribe brought suit against the Federal Government for amounts past due under the treaties. In 1910 and 1924, the Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat. 137, respectively) to enable the Tribe and the Saginaw Band of Chippewa to file their respective claims against the United States. These claims, filed in 1927, were later incorporated into Indian Claims Commission Dockets 57, 59, and 13-E, and United Claims Court Docket 13-F. (9) Beginning in 1935, the Tribe petitioned for reorganization and assistance pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''). Due to misinterpretation of Article 6 of the 1855 Treaty of Detroit, the Commissioner of Indian Affairs concluded that the Tribe could not organize separately from the Saginaw Band of Chippewa Indians. Due to the lack of funding available for tribal land acquisition, the Swan Creek Black River Ojibwa Bands were unable to purchase their own reservation lands. (10) In 1939, agents of the Federal Government made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any additional Indian tribes located in Michigan's lower peninsula, as recognized by the 1807 Treaty of Detroit (7 Stat. 105), the 1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty of Washington (7 Stat. 491), and the May 9, 1836 Treaty of Washington (7 Stat. 503). (11) In 1986, Congress enacted Public Law 99-346 (100 Stat. 674) to distribute judgment funds awarded in settlement of the claims brought by the Tribe and the Saginaw Band in Dockets 57, 59, 13-E, and 13-F in a nondiscriminatory manner to the claimants and their descendants. This Act, like the jurisdictional Acts of 1910 and 1924, contained no clear and unambiguous intent to terminate the Federal relationship with the Tribe. To the contrary, these Acts acknowledged that the Tribe possessed collective sovereign rights in tribal lands and funds, a primary criterion for Federal recognition. (12) Despite administrative denials of requests by the Tribe to organize its own federally recognized tribal government, the Tribe continued to carry out its governmental functions through various formal and informal political and social structures, including a Tribal Council. Between 1937 and 1991, the Tribe conducted many of its government functions through associations organized by Swan Creek members, including the Saginaw Rural and Urban Indian Association. In 1991, the Tribe chartered a State-sanctioned, non-profit tribal government and agreed to seek Federal recognition of its confederation of Swan Creek and Black River Ojibwa Bands as a distinct tribe. (13) Other tribes in Michigan, whose members are descendants of the signatories to one or more of the treaties listed in paragraph (1) have been recognized by the Federal Government as distinct Indian tribes, including the Pokagon Band of Potawatomi Indians, the Huron Potawatomi Band of Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of Michigan, and the Little Traverse Bay Bands of Odawa Indians. (14) The Tribe has at least 300 eligible members who continue to reside close to what was recognized in the 1807 Treaty of Detroit as their ancestral homelands in southeastern lower Michigan. (15) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Tribe since 1785. (16) In light of the treaty relations between the Tribe and the United States, the Tribe's recognition as a tribe in Acts of Congress, and Federal recognition of the Tribe's rights in tribal lands and funds, it is appropriate for Congress to reaffirm and clarify the Federal relationship of the Tribe in the same manner as Congress has reaffirmed Federal recognition of the Lac Vieux Desert Band of Lake Superior Chippewa Indians, the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, and the Little River Band of Ottawa Indians. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians is hereby affirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly referred to as the ``Indian Reorganization Act''), which are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Federal Services and Benefits.-- (1) In general.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all future services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (2) Service area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be deemed to be the area comprised of Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. Such services shall be provided notwithstanding the establishment of a reservation for the Tribe after the date of enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or regulation. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Tribe, and the members thereof, which may have been abrogated or diminished before the date of enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Tribe, or the members thereof, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Tribe might have to enforce any right or privilege reserved by or granted to the Tribe which was wrongfully denied to or taken from the Tribe prior to the enactment of this Act. SEC. 6. TRIBAL LANDS. The Tribe's tribal lands shall consist of all real property, now or hereafter held by, or in trust for, the Tribe. The Secretary shall acquire real property for the benefit of the Tribe. Any such property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Tribe and shall become part of the Tribe's reservation. All lands restored to the Tribe pursuant to this section, whether now or hereafter held, shall be within those lands previously ceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105). SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in the Tribe. The qualifications for inclusion on the membership rolls of the Tribe shall be determined by the membership clause in the governing documents of the Tribe in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Tribe shall ensure that such rolls are maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act shall be the interim governing documents for the Tribe. (b) Officials.-- (1) Election.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to subsection (a), the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Tribe as provided in the constitution. The election shall be conducted according to the procedures described in subsection (a) except to the extent that such procedures conflict with the constitution of the Tribe. (2) Interim government.--Until such time as the Tribe elects new officials pursuant to paragraph (1), the governing body of the Tribe shall be the governing body in place on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 9. JURISDICTION. The Tribe shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Tribe by the Secretary. The Tribe shall exercise jurisdiction over all its members who reside within its service area, as specified in section 4(b)(2) in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing upon a reservation as defined in that Act.

Summary: Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe. Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe. Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.