Williams

*RAPS GAVEL*

By a vote of 435-0. This bill has PASSED!

*RAPS GAVEL*

*RAPS GAVEL*

This bill PASSES by a vote of 100-0.

*RAPS GAVEL*

Press Briefing #5 | Office of the Speaker of the House | Immediate Release

Speaker Williams enters the House Briefing Room with a cup of coffee. He sips the cup before organizing the podium.

HOUSE SPEAKER CHRISTOPHER WILLIAMS (D-CA)

“Good evening, my fellow Americans. I am going to try my best today to limit any and all hyperbole, but it will be difficult to describe the events of recent without thinking this must be some sort of a movie, a Hollywood plot concocted by the most melodramatic writers possible. Unfortunately, this is the reality we’re living in.

First of all, a fact: The Democratic House Caucus has advanced bipartisan solutions across the board this session. Most notably, we’ve advanced legislation, particularly two bills drafted by a Republican, focused on tackling corruption in Washington. Every bill related to the matter has or is set to become law. My first act as Speaker was to docket the bipartisan-supported, Republican-drafted Small Business Support Act, which happened to be the first piece of legislation the President signed this year. I then went ahead and literally was criticized by my own party, fast-tracking a REPUBLICAN-sponsored bill to ensure unnecessary taxes and fees on broadband internet access in America, continuing the democratization that has led to the rise and dominance of the Internet in modern society. I say all of that to prove that we Democrats have not shied away from bipartisan solutions to America’s problems. So the notion that the Democratic caucus is too partisan, un-relying, and un-compromising, is simply preposterous, based on the facts. 

Now with that in mind, I’d like to talk about the lies that have been told to the American people from top Republican officials - from top to bottom; from the president to the most senior back-benching member. As many Americans demanded action on public safety in recent weeks, I talked with the Republican minority leader about pursuing universal background checks for gun purchases, something an overwhelming majority of Americans support. The Minority Leader said the GOP was drafting one. I said ‘okay, let’s see the text’. Time went by. Meanwhile, our caucus began drafting our own proposal: reflected in the ‘Universal Background Check Act of 2007’, which would make background checks universal; prevent people who committed hate crimes from getting guns; prevent terrorists on the no-fly list from getting guns; prevent stalkers from getting a gun. These are non-controversial, common-sense public safety initiatives. 

Now, at the same time, we had been negotiating a massive infrastructure bill, something declared earlier in the session. When the minority leader asked me for an update, I told him: ‘we’re 99% done on our end’ but not finished yet. In the meantime, I told him, we want to focus on this public safety initiative of universal background checks ‘first’, because it is an immediate priority of this Caucus and the bill is done, filed in the House already. I did not, on any occasion, relay that we were gonna ‘hold up’ or ‘stall’ anything related to infrastructure. The Minority Leader knows this. You know this because the transcripts are public. Not one time did I say we’re only going to address infrastructure until the Republicans support this gun safety measure. It’s just not true. The bottom line is: we have not and will not abandon infrastructure reform. And we dare the Republicans to obstruct the passage of any of the infrastructure bills that we will be presenting before Congress in the coming weeks. 

In the meantime, what DID occur, was me trying to find out where the GOP stood on universal background checks. The minority leader refused to answer a simple question: ‘what specific piece of the universal background check proposal we already introduced does your caucus have a problem with?’ It’s clear why he won’t answer. Because he knows the rest of his caucus is too weak to stand up to the NRA. So what could he say? ‘We’re opposed to preventing stalkers and rapists from having guns (?)’; or ‘we’re opposed to preventing racists from having guns (?)’; or perhaps ‘we’re opposed to preventing terrorists from getting guns (?)’. He can’t say that, so what does he do? He immediately and effectively, without answering my question or gaining further clarification, severed communications and walked away. Well, the Republicans can walk away from me, but they’re going to have to answer to the American people.

To defend this highly partisan, abnormal, and quite uncharacteristic move for the Minority Leader, the Republican party has resorted to some of the most bizarre claims I think I’ve ever heard in recent memory. The claims behind this convoluted narrative they’re trying to create, in order to hide from addressing the real issue, are asinine. The rhetoric used to advance the narrative is damaging to the political fabric of America with its deeply divisive nature of unwarranted vitriol. 

But that’s not the gist of it. And this is where we can get into the larger story of this massive cumulative train-wreck of hyper-partisan display and division of epic proportions that we’ve just seen. 

To understand what we’re seeing right now with the Republican party in America, we have to go back to the 90s, with the advent of conservative talk radio - where conspiracies and confusion proliferated among a small fringe of people on the right-wing of our political spectrum. For the most part, ordinary Republicans - especially Republican politicians - ignored this loud, partisan, divisive cohort within their ranks. Unfortunately, that is no longer the case.

As we ease further into the 21st century, the Republicans’ increasing reliance on utterly divisive rhetoric has been personified by the leadership and relevance of one John Starnes, who proliferates clownish scribes through the advent of Twitter, scorching the earth among its youthful users. What was once left in the bowels of America’s outskirts has unfortunately elevated to a brand of leadership that is one of toxicity and dread…and it is now infecting the whole of the Republican party, indeed, even our President. 

The President of the United States, wasting the American people’s time by lowering the bar of importance of a major national address, literally accused me of blackmail. That’s not a joke; that’s a crime.

Get this: the president of the United States did not stop the country to address us after a troop surge in Iraq has proven to be unsuccessful; we had to learn that from the press, from CNN. Yet he finds time, in what should be a busy day for a president, to come out and spew ‘The Greatest Hits of John Starnes’ Twitter Rants’ in 5 minutes. It’s unbecoming of a sitting president. Uncharacteristic. Unreasonable. And unhinged. It’s scary and frightening: the parroting of untruths and dangerous rhetoric by leading Republicans, including Doug Shephard. 

My message to the American people is this: we will not let this division; partisanship; and vile rhetoric define who we are. We know that we are better together than we are divided. We will not let extremist punditry tell us what to believe or infect our minds with narrowness. We will not let wannabe-celebrity politicians, aiming for the next viral moment, lead this nation down a path of plunder. We will not allow lies to swallow the truth. And we will not allow one group’s partisanship to damage the moral fabric of this country. We will uplift this country through unity and we will elevate the power of America’s promise through progress. Let us stand together. Let’s embrace each other in the cloak of love and respect for each other. 

We will get through this together. 

I look forward to addressing all of you further as to the next steps we’ll be taking in Congress and the agenda we’ll be progressing there.

I will now take any questions you all may have.”

Quarter 3, 2007 | FOR IMMEDIATE RELEASE | Office of Christopher Williams

Speaker Williams Advances Anti-Corruption Agenda in House

(WASHINGTON) - Speaker of the House Christopher Williams (D-CA) has shepherded a series of anti-corruption initiatives through Congress, including bipartisan legislation to mandate Congressional members report conflict-of-interest investments and put them in a blind trust; rein in lobbying money being funneled to family members of Congressional members; and establish a House Independent Ethics Commission.

The House Speaker released the following statement with regard to the agenda's success:

"The American people were tired of Washington running rampant at their expense. Now, the House Democrats and I have put addressing corruption at the top of our priorities. And we're delivering: ensuring swift passage of bipartisan initiatives from Liam Reeves and Norman Hughes to ensure no member of Congress is above the law or using their office for personal or familial financial gain. I am proud of the House for advancing these initiatives and the Democratic caucus for being united in support of these initiatives and I am imploring the Senate pass and the president sign these initiatives."

MEDIA MEMO: DIRECTIVE TO CAUCUS MEMBERS

TO THE HOUSE DEMOCRATIC CAUCUS,

PROMOTION OF THE DEMOCRATIC CAUCUS SUCCES ON ANTI-CORRUPTION MEASURES

Through your press offices, launch a press release; tweet; and set-up an event in your local district promoting the following narratives:

- The Democrats [YOU] have made it a priority to tackle corruption in D.C.

- Democrats [YOU] have delivered on promises to tackle corruption and address ethics reform in Washington.

- The House Democratic caucus has [YOU have] passed 3 anti-corruption initiatives, including: mandating Congressional members report conflict-of-interest investments and put them in a blind trust; reining in lobbying money being funneled to family members of Congressional members; and establishing a House Independent Ethics Commission.

PLEASE FOLLOW THE 3-PART MEDIA DIRECTIVE WITHIN 48 HRS OF THIS MEMO

BANGS GAVEL 

The motion was duly recognized through the recognition of a lack of objection from any member of congress past 24 hours from the original motion. 

The chair asks that the Congressman not waste the time of the House and stall/obstruct from the progress of the House. 

Your point of order has been recognized and resolved.

So ordered!

BANGS GAVEL

RAPS GAVEL

Being as there has been no objection upon the allotted 24 hours given for one, this bill HAS PASSED VIA UNANIMOUS CONSENT

RAPS GAVEL

*BANGS GAVEL*

The amendments are accepted as friendly. 

*BANGS GAVEL*

*RAPS GAVEL*

The motion is agreed to: The bill is PASSED by unanimous consent.

*RAPS GAVEL* 

110TH CONGRESS

IN THE SENATE OF THE UNITED STATES

Mr. Williams, for himself (with thanks to Mr. Thompson; Ms. Jackson-Lee; Mr. Blumenthal; Mr. Espaillat; Mr. Cicilline; Mrs. Klobuchar; & Mrs. Collins), and others, offer

A BILL

To reform the background check system to ensure every firearm sale is subject to such, among other goals.

Be it enacted by the Senate and the House of the Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act shall be cited as the “Universal Background Check Act of 2007”.

SECTION 2. POLICY REFORM OF FIREARM TRANSFERS.

(a) Ensuring Universal Background Checks.-- Section 922 of title 18, United States Code, is amended by adding at the end the following:

“(aa) (1) (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t).

“(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.

“(C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.

“(2) Paragraph (1) shall not apply to—

“(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;

“(B) a transfer or exchange (which, for purposes of this subsection, means an in-kind transfer of a firearm of the same type or value) that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law;

“(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;

“(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including harm to self, and the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;

“(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

“(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively:

“(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;

“(ii) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor -

“(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and

“(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or

“(iii) while in the presence of the transferor.

“(3) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.

“(4) The Attorney General shall make available to any person licensed under this chapter both Spanish and English versions of the form required for the conduct of a background check under subsection (t) and this subsection, and the notice and form required under paragraph (3) of this subsection.”.

(b) Ghost Gun Regulation. -- Section 921(a) of title 18, United States Code, is amended:

(1) in paragraph (3), by striking “or (D) any destructive device” and inserting “; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled”; and

(2) in paragraph (4)—

(A) by adding “and” at the end of subparagraph (A);

(B) by striking “and” at the end of subparagraph (B) and inserting a period; and

(C) by striking subparagraph (C).

(c) Closure of Hate Crime Loophole. -- Section 922(d) of such title is amended in the first sentence:

(1) in paragraph (8)(B)(ii), by striking “or” at the end;

(2) in paragraph (9), by striking the period and inserting “; or”; and

(3) by inserting after paragraph (9) the following:

“(10) has been convicted in any court of a misdemeanor hate crime (defined under 18 USC Sec. 249), or has received from any court an enhanced hate crime misdemeanor sentence.”.

(d) Stalker Prohibitor. --  Section 922 of title 18, United States Code, is amended:

(1) in subsection (d):

(A) in paragraph (8)(ii), by striking “or” at the end;

(B) in paragraph (9), by striking the period at the end and inserting “; or”; and

(C) by inserting after paragraph (9) the following:

“(10) has been convicted in any court of a misdemeanor crime of stalking.”; and

(2) in subsection (g):

(A) in paragraph (8)(C)(ii), by striking “or” at the end;

(B) in paragraph (9), by striking the comma at the end and inserting “; or”; and

(C) by inserting after paragraph (9) the following:

“(10) who has been convicted in any court of a misdemeanor crime of stalking,”.

(e) Guns for Terrorists Prohibitor. -- On and after the date of enactment of this Act, in accordance with the procedures under this section, and without regard to section 842, 843, section 922(g) or (n), or section 923 of title 18, United States Code, the Attorney General may deny the transfer of a firearm, not later than 3 business days after a licensee under chapter 44 of title 18, United States Code, contacts the national instant criminal background check system established under section 103 of Public Law 103–159 (34 U.S.C. 40901), deny the transfer of an explosive, or deny the issuance of a Federal firearms or explosives license or permit, if either of the following are met:

(A) NO FLY LIST.—The Attorney General determines that the transferee or applicant—

(i) based on the totality of the circumstances, represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources therefor; and

(ii) based on credible information, poses—

(I) a threat of committing an act of international terrorism or domestic terrorism with respect to an aircraft (including a threat of piracy, or a threat to airline, passenger, or civil aviation security);

(II) a threat of committing an act of domestic terrorism with respect to the homeland;

(III) a threat of committing an act of international terrorism against any United States Government facility abroad and associated or supporting personnel, including United States embassies, consulates and missions, military installations, United States ships, United States aircraft, or other auxiliary craft owned or leased by the United States Government; or

(IV) a threat of engaging in or conducting a violent act of terrorism and is operationally capable of doing so.

(B) SELECTEE LIST.—The Attorney General determines that the transferee or applicant—

(i) based on the totality of the circumstances, represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources therefor; and

(ii) based on credible information, is—

(I) a member of a terrorist organization (including a foreign terrorist organization designated pursuant to a statute or Executive order); and

(II) associated with terrorist activity, unless information exists that demonstrates that the application of secondary screening to such individual is not necessary.

(f) Effective Date. -- The amendment made by this section shall take effect 180 days after the date of enactment of this Act.

PLAIN ENGLISH SUMMARY

Section 1 - Titles the Act, “Universal Background Check Act of 2007”

Section 2 - Requires unlicensed sellers who sell guns online or at gun shows to conduct a background check prior to a sale. Expand firearms definition to include any combination of parts designed or intended to be used to convert a device into a firearm and from which a firearm may be readily assembled. Prohibits the sale of firearms to individuals convicted of hate crimes. Establishes new federal firearms restrictions for individuals who are convicted of misdemeanor stalking offenses. New rules must go into effect within 180 days. Authorizes the Attorney General to deny the transfer of firearms and explosives and Federal firearms and explosives licenses and permits to known or suspected terrorists

NAY

*RAPS GAVEL*

The House shall come to order! Voting shall commence for 24 hours on the MOTION TO TABLE the McLean Act.

Voting shall begin! *Raps Gavel*

110TH CONGRESS

IN THE SENATE OF THE UNITED STATES

Mr. Williams, for himself (with thanks to Mr. Thompson; Ms. Jackson-Lee; Mr. Blumenthal; Mr. Espaillat; Mr. Cicilline; Mrs. Klobuchar; & Mrs. Collins), and others, offer

A BILL

To reform the background check system to ensure every firearm sale is subject to such, among other goals.

Be it enacted by the Senate and the House of the Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act shall be cited as the “American Gun Policy Reform Act of 2007”.

SECTION 2. POLICY REFORM OF FIREARM TRANSFERS.

(a) Ensuring Universal Background Checks.-- Section 922 of title 18, United States Code, is amended by adding at the end the following:

“(aa) (1) (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t).

“(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.

“(C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.

“(2) Paragraph (1) shall not apply to—

“(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;

“(B) a transfer or exchange (which, for purposes of this subsection, means an in-kind transfer of a firearm of the same type or value) that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law;

“(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;

“(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including harm to self, and the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;

“(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

“(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively:

“(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;

“(ii) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor -

“(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and

“(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or

“(iii) while in the presence of the transferor.

“(3) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.

“(4) The Attorney General shall make available to any person licensed under this chapter both Spanish and English versions of the form required for the conduct of a background check under subsection (t) and this subsection, and the notice and form required under paragraph (3) of this subsection.”.

(b) Ghost Gun Regulation. -- Section 921(a) of title 18, United States Code, is amended:

(1) in paragraph (3), by striking “or (D) any destructive device” and inserting “; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled”; and

(2) in paragraph (4)—

(A) by adding “and” at the end of subparagraph (A);

(B) by striking “and” at the end of subparagraph (B) and inserting a period; and

(C) by striking subparagraph (C).

(c) Closure of Hate Crime Loophole. -- Section 922(d) of such title is amended in the first sentence:

(1) in paragraph (8)(B)(ii), by striking “or” at the end;

(2) in paragraph (9), by striking the period and inserting “; or”; and

(3) by inserting after paragraph (9) the following:

“(10) has been convicted in any court of a misdemeanor hate crime (defined under 18 USC Sec. 249), or has received from any court an enhanced hate crime misdemeanor sentence.”.

(d) Stalker Prohibitor. --  Section 922 of title 18, United States Code, is amended:

(1) in subsection (d):

(A) in paragraph (8)(ii), by striking “or” at the end;

(B) in paragraph (9), by striking the period at the end and inserting “; or”; and

(C) by inserting after paragraph (9) the following:

“(10) has been convicted in any court of a misdemeanor crime of stalking.”; and

(2) in subsection (g):

(A) in paragraph (8)(C)(ii), by striking “or” at the end;

(B) in paragraph (9), by striking the comma at the end and inserting “; or”; and

(C) by inserting after paragraph (9) the following:

“(10) who has been convicted in any court of a misdemeanor crime of stalking,”.

(e) Guns for Terrorists Prohibitor. -- On and after the date of enactment of this Act, in accordance with the procedures under this section, and without regard to section 842, 843, section 922(g) or (n), or section 923 of title 18, United States Code, the Attorney General may deny the transfer of a firearm, not later than 3 business days after a licensee under chapter 44 of title 18, United States Code, contacts the national instant criminal background check system established under section 103 of Public Law 103–159 (34 U.S.C. 40901), deny the transfer of an explosive, or deny the issuance of a Federal firearms or explosives license or permit, if either of the following are met:

(A) NO FLY LIST.—The Attorney General determines that the transferee or applicant—

(i) based on the totality of the circumstances, represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources therefor; and

(ii) based on credible information, poses—

(I) a threat of committing an act of international terrorism or domestic terrorism with respect to an aircraft (including a threat of piracy, or a threat to airline, passenger, or civil aviation security);

(II) a threat of committing an act of domestic terrorism with respect to the homeland;

(III) a threat of committing an act of international terrorism against any United States Government facility abroad and associated or supporting personnel, including United States embassies, consulates and missions, military installations, United States ships, United States aircraft, or other auxiliary craft owned or leased by the United States Government; or

(IV) a threat of engaging in or conducting a violent act of terrorism and is operationally capable of doing so.

(B) SELECTEE LIST.—The Attorney General determines that the transferee or applicant—

(i) based on the totality of the circumstances, represents a threat to public safety based on a reasonable suspicion that the transferee or applicant is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources therefor; and

(ii) based on credible information, is—

(I) a member of a terrorist organization (including a foreign terrorist organization designated pursuant to a statute or Executive order); and

(II) associated with terrorist activity, unless information exists that demonstrates that the application of secondary screening to such individual is not necessary.

(f) Effective Date. -- The amendment made by this section shall take effect 180 days after the date of enactment of this Act.

SECTION 3. REPEAL OF GUN INDUSTRY IMMUNITY. 

(a) In general.-- The Protection of Lawful Commerce in Arms Act is hereby repealed.

PLAIN ENGLISH SUMMARY

Section 1 - Titles the Act, “American Gun Policy Reform Act of 2007”

Section 2 - Requires unlicensed sellers who sell guns online or at gun shows to conduct a background check prior to a sale. Expand firearms definition to include any combination of parts designed or intended to be used to convert a device into a firearm and from which a firearm may be readily assembled. Prohibits the sale of firearms to individuals convicted of hate crimes. Establishes new federal firearms restrictions for individuals who are convicted of misdemeanor stalking offenses. New rules must go into effect within 180 days. Authorizes the Attorney General to deny the transfer of firearms and explosives and Federal firearms and explosives licenses and permits to known or suspected terrorists

Section 3. - Repeals law giving gun industry legal protection from liability for a wide range of conduct.

The DEMOCRATIC CONGRESSIONAL CAMPAIGN COMMITTEE, in conjunction with the Speaker's Leadership PAC, has hired top media operatives to direct strategic communications across the party, bolstering the Democrats' messaging machine, to enhance the House Democratic Caucus' reputation among likely voters in America.

*HANDS OFF RAPS GAVEL*

I move for unanimous consent on this bill and yield.

*TAKES GAVEL; RAPS GAVEL*

24 hrs for objections.

*RAPS GAVEL*

24 hrs vote on the motion.

*RAPS GAVEL* 

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the Effective Disaster Relief And Recovery Act of 2007. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

110TH CONGRESS

 

IN THE SENATE OF THE UNITED STATES

 

Mr. Williams and Mrs. King, for themselves, and others, offer

 

A BILL

 

To provide effective and adequate disaster relief and appropriate recovery and other purposes.

 

Be it enacted by the Senate and the House of the Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

 

This Act shall be cited as the “Effective Disaster Relief and Recovery Act of 2007”.

 

SECTION 2. AUTOMATIC DISASTER ASSISTANCE ACTIVATION.

 

 

(a) Automatic Activation.-- Title 44; Chapter I; Subchapter D is hereby amended:

 

Ҥ207. AUTOMATIC DISASTER ASSISTANCE ACTIVATION.

 

(a) Notwithstanding any other provision of this Title, the Federal Coordinating Officer (defined under 44 CFR 206.2(a)(11) and hereafter), shall identify a major disaster (defined under 44 CFR 206.2(a)(17) and hereafter) within 6 hours of its occurrence and has the authority to make a declaration of a major disaster, (notwithstanding 44 CFR 206.38), to be approved by the Administrator (defined under 44 CFR 206.2(a)(7) and hereafter) within 24 hours, in which the Administrator has the authority to begin implementation of the processes delegated to them under Title 44.”

 

SECTION 3.  PROPERTY RELIEF AND DISASTER RECOVERY CRISIS ACT.

 

(a) In general.-- There shall be established under Title 44; Chapter I; Subchapter D shall be a new part, as follows:

 

 

“PART 210. PROPERTY RELIEF CRISIS CENTER.

 

210(a). Establishment. -- The Administrator shall, upon a Presidential declaration of a major disaster or an emergency (defined under 44 CFR 206.38(a) and hereafter) or through authority delegated within Section 2 of the Effective Disaster Relief and Recovery Act of 2007, direct the creation of a “Property Relief Crisis Center” (PRCC hereafter) similar to the Disaster Application Center (defined under 44 CFR 206.32(c)) within the disaster area for individuals, families, or businesses to apply for benefits espoused under this section. 

 

210(b). Property Relief Crisis Centers. -- The PRCC shall have the authority to employ up to five hundred “Relief Coordinators” (defined as a person employed by the FEMA upon designation by the Administrator for the specific implementation of this section) to verify an Applicant’s (defined under 44 CFR 206.2(a)(2) and hereafter) Proof of Ownership of damaged property (defined as any residential or commercial property within a “designated area” [defined under 44 CFR 206.2(a)(6)] and hereafter) claimed to be damaged due to a major disaster (defined under Title 44); identify damage to such property; and coordinate between construction contractors [defined under this section] and Insurance or Claims Adjusters, if applicable, of such damaged property. 

 

210(c). Property Relief Crisis Fund. -- There shall be a discretionary fund, appropriated $200 billion each fiscal year, under the “Property Relief Crisis Fund” authorized under this section. 

 

210(d). Property Construction Contract. -- If an Applicant’s damaged property is applicably insured relative to the major disaster, an Applicant, in conjunction with their Insurer’s claims adjuster shall select to enter into a construction contract, defined under this section as any contract for the construction and rehabilitation of the damaged property with clear provisions relating to the scope of work; construction specifications; Bill of Quantities; Construction Schedules; and a Schedule of Value; and a Contract Price detailing full cost amount of work. An applicable contract under this section shall not include a requirement of a deposit. 

 

210(f). Property Relief Accountability of Payment Based on Percentage. -- If applicable, the insurance corporation with which a damaged property is insured is responsible for payment of 75% of the full cost amount of work under the construction contract (defined in the previous subsection). The Relief Coordinator shall authorize 25% of the full cost amount of work under the construction contract to be distributed from the Property Relief Crisis Fund, authorized under this section, up to $250,000. 

 

210(g). Recovery for Un-Insured Properties. -- For an Applicant whose damaged property is not insured relative to the major disaster, a Relief Coordinator shall secure a construction contract, defined under this section, based on three estimates from construction corporations within the state of the designated area. Distributed from the Property Relief Crisis Fund, the Relief Coordinator shall authorize the distribution of half of the full cost amount of work, up to $175,000, under the construction contract before work is completed as a deposit and distribute the following half of the full cost amount of work, up to $175,000, upon completion of the construction contract relative to Construction Schedules agreed within the Construction Contract.”

 

(b). Major Disaster Insurance Coverage Mandate. -- Any property insurance company that, as of January 2007, underwrites policies covering residential and commercial property shall, by no later than January 1, 2009, include coverage of any residential and commercial properties damaged due to a major disaster (defined previously) within all serviced policies marketed to the public, subject only to current underwriting requirements.

 

(c). Coverage Cost Cap. -- Any insurance company applicably and legally underwriting residential or commercial property insurance is prohibited, relative to indexed inflation, from increasing premiums of coverage by more than 15% of what premiums of coverage were serviced and advertised on or before July 1, 2007. 

 

SECTION 4. RELIEF FOR IOWA.

 

(a). Davenport Flood Relief. -- There shall be appropriated $25 billion to the Federal Emergency Management Agency for purposes of carrying out relief, recovery, and rebuilding efforts in Davenport, Iowa, along with surrounding communities and any other communities determined by the FEMA director to have been severely negatively affected by recent flooding events.

 

(b) Expedition of HUD Relief. -- The Secretary of the Department of Housing and Urban Development is instructed to provide expedited processing, consideration, and disbursement of funds through the Community Development Block Grant Disaster Recovery Program to Davenport, Iowa, and surrounding locations for the purposes of rebuilding critical infrastructure, public works and other necessary repairs/reconstruction efforts related to the disaster.

SECTION 5. Temporary tax relief for flooded areas in Iowa.

 

In general.—These provisions shall apply to the flooded areas of Iowa with respect to which a federal disaster declaration has been declared by the President.

 

(1) The limitations on personal casualty losses imposed by paragraphs (1) and (2)(A) of 26 U.S. Code § 165(h) are suspended.

 

(2) The replacement period for nonrecognition of gain allowed by clause (i) of 26 U.S. Code § 1033 (a)(2)(B) is extended from 2 years to 5 years.

 

(3) An employee retention credit equal to 40 percent of the wages and not exceeding a total of $6,000 with respect to each employee is extended to each employer who employed an average of not more than 200 employees in the affected area in the most recent taxable year.

 

(4) The depreciation deduction for general wear and tear shall include an allowance equal to 50 percent of the adjusted basis of the property.

 

(5) The dollar amounts expensing under 26 U.S. Code § 179 are increased by $100,000 for paragraph (1) and $600,000 for paragraph (2).

 

(6) Beginning with the date of the flooding and ending December 31, 2009, a taxpayer may elect to treat 50 percent of any clean-up cost for a property in the affected area as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such cost is paid or incurred.

 

(7) Beginning with the date of the flooding and ending December 31, 2009, the rehabilitation tax credit allowed under paragraphs (1) and (2) of 26 U.S. Code § 47(a) are increased by respectively 3 percent and 6 percent.

 

(8) With respect to the deduction for net operating losses for businesses in the affected area, the carryback period is increased from 2 taxable years to 5 taxable years.

 

(9) The carryback period for eligible public utility property losses in the affected area is extended to 5 years.

 

(10) Beginning with the date of the flooding and ending December 31, 2008, the 10 percent additional tax on early distributions from qualified retirement plans imposed by 26 U.S. Code § 72(t) shall not be imposed on any individual whose principal abode is in the affected area and who has sustained an economic loss.

 

PLAIN ENGLISH SUMMARY

 

Section 1 - Titles the Act, “Effective Disaster Relief and Recovery Act of 2007”

 

Section 2 - Gives the Federal Coordinating Officer, in conjunction with the Administrator, the authority to declare a major disaster upon identifying a natural disaster, within 24 hours of a natural disaster, bypassing the need for a Presidential declaration or request from a Governor.

 

Section 3. Establishes the Property Relief Crisis Center. Appropriates $200 billion Fund annually to run the program. Establishes program mandating Fund handle 25% - up to $250,000 of an insured, damaged property’s rehab with other 75% handled by an insurance company. For uninsured properties, mandates full cost of rehab for damaged properties up to $250,000. Mandates Insurance Companies currently covering commercial and residential properties include natural disaster coverage within all of its offered property insurance policies by January 2009. Prohibits an Insurance Company offering residential or commercial property coverage from increasing premiums by any more than 15% than what the premium coverage was on July 1, 2007, indexed to inflation. 

 

Section 4. Provides $25 billion in direct recovery funds for Davenport, Iowan flood relief administered by FEMA. Mandates HUD expedite processes for relief specific to the Davenport Iowan flood situation.

Section 5.  (1) suspension of certain limitations on personal casualty losses; (2) an extension of the period for replacing damaged property without recognizing gain; (3) an employee retention tax credit for affected businesses through 2007; (4) bonus depreciation for certain property acquired after June 26, 2007; (5) increased expensing of small business assets; (6) increased expensing  of demolition and cleanup costs; (7) an increase in the tax credit for rehabilitation expenditures; (8) extended net operating loss carryback periods for losses attributable to storms; (9) extended net operating loss carryback periods for public utility property disaster losses; and (10) penalty-free withdrawals and loans from individual retirement accounts and other tax-exempt pension plans.

 

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the Ban Congressional Stock Trading Act. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

110th CONGRESS 1st Session

H. R. XXX

 

To amend the Ethics in Government Act of 1978 to require Members of Congress and their spouses and dependents to place certain assets into blind trusts, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

Quarter 2, 2007

 

Mr. Reeves (for himself) with thanks to Mr. XXX introduced the following bill; which was referred to the Committee on Veterans’ Affairs

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A BILL

 

 

 

To amend the Ethics in Government Act of 1978 to require Members of Congress and their spouses and dependents to place certain assets into blind trusts, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Ban Congressional Stock Trading Act”.

 

SEC. 2. PLACEMENT OF CERTAIN ASSETS OF MEMBERS OF CONGRESS, SPOUSES, AND DEPENDENTS IN QUALIFIED BLIND TRUSTS.

The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting after title I the following:

 

 

“TITLE II—CERTAIN ASSETS OF MEMBERS OF CONGRESS, SPOUSES, AND DEPENDENTS

“SEC. 201. DEFINITIONS.

“In this title:

 

“(1) COMMODITY.—The term ‘commodity’ has the meaning given the term in section 1a of the Commodity Exchange Act (7 U.S.C. 1a).

 

“(2) COVERED INVESTMENT.—

“(A) IN GENERAL.—The term ‘covered investment’ means—

“(i) an investment in a security, a commodity, or a future; and

 

“(ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other, similar means.

 

“(B) INCLUSIONS.—The term ‘covered investment’ includes an investment or economic interest described in subparagraph (A) that is held directly, or in which an individual has an indirect, beneficial, or economic interest, through—

“(i) an investment fund;

 

“(ii) a trust (other than a qualified blind trust);

 

“(iii) an employee benefit plan; or

 

“(iv) a deferred compensation plan, including a carried interest or other agreement tied to the performance of an investment, other than a fixed cash payment.

 

“(C) EXCLUSIONS.—The term ‘covered investment’ does not include—

“(i) a diversified mutual fund (including any holdings of such a fund);

 

“(ii) a diversified exchange-traded fund (including any holdings of such a fund);

 

“(iii) a United States Treasury bill, note, or bond;

 

“(iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress; or

 

“(v) any investment fund held in a Federal, State, or local government employee retirement plan.

 

“(D) CLARIFICATION.—An investment that achieves compliance with applicable environmental, social, and governance criteria shall not be considered to be a covered investment solely by reason of that compliance.

 

“(3) CURRENT.—The term ‘current’, with respect to a Member of Congress, means an individual who is serving as a Member of Congress on the date of enactment of the Ban Congressional Stock Trading Act.

 

“(4) DEPENDENT.—The term ‘dependent’, with respect to an individual, means a child or other relative who is a resident of the immediate household of the individual.

 

“(5) DIVERSIFIED.—The term ‘diversified’, with respect to a fund, trust, or plan, means that the fund, trust, or plan does not have a stated policy of concentrating its investments in any industry, business, single country other than the United States, or bonds of a single State.

 

“(6) FUTURE.—The term ‘future’ means—

“(A) a security future (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); and

 

“(B) any other contract for the sale of a commodity for future delivery.

 

“(7) INITIAL PROPERTY.—The term ‘initial property’ means an asset or financial interest transferred to a qualified blind trust by, or on behalf of, an interested party or a relative of an interested party, regardless of whether the asset or financial interest is transferred to the qualified blind trust on or after the date of establishment of the qualified blind trust.

 

“(8) INTERESTED PARTY.—The term ‘interested party’ has the meaning given the term in section 102(f)(3)(E).

 

“(9) MEMBER OF CONGRESS.—The term ‘Member of Congress’ has the meaning given the term in section 109.

 

“(10) NEW.—The term ‘new’, with respect to a Member of Congress, means an individual who—

“(A) is not a current Member of Congress; but

 

“(B) commences service as a Member of Congress after the date of enactment of the Ban Congressional Stock Trading Act.

 

“(11) QUALIFIED BLIND TRUST.—The term ‘qualified blind trust’ means a qualified blind trust (as defined in section 102(f)(3)) that has been approved in writing by the applicable supervising ethics office under section 102(f)(3)(D).

 

“(12) SECURITY.—The term ‘security’ has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

 

“(13) SUPERVISING ETHICS OFFICE.—The term ‘supervising ethics office’ has the meaning given the term in section 109.

“SEC. 202. PLACEMENT OF CERTAIN ASSETS IN QUALIFIED BLIND TRUSTS.

 

 

“(a) Current Members Of Congress.—

“(1) CERTIFICATION.—Not later than 30 days after the date of enactment of the Ban Congressional Stock Trading Act, each current Member of Congress shall submit to the applicable supervising ethics office a certification that, as applicable—

“(A) for each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress, the Member of Congress, or the applicable spouse or dependent of the Member of Congress, will—

“(i) divest the covered investment; or

 

“(ii) place the covered investment in a qualified blind trust, including by establishing a qualified blind trust for that purpose, if necessary; or

 

“(B) neither the Member of Congress nor any spouse or dependent of the Member of Congress owns a covered investment.

 

“(2) DIVESTITURE OR PLACEMENT IN QUALIFIED BLIND TRUST.—

“(A) REQUIREMENT.—Subject to paragraph (3), not later than 120 days after the date of enactment of the Ban Congressional Stock Trading Act, each current Member of Congress shall divest, or place in a qualified blind trust (including by establishing a qualified blind trust for that purpose, if necessary), each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress.

 

“(B) DIVESTITURE.—A current Member of Congress shall divest a covered investment held by the Member of Congress or a spouse or dependent of the Member of Congress if—

“(i) the Member of Congress, or the applicable spouse or dependent of the Member of Congress, is unable to place the covered investment in a qualified blind trust by the date described in subparagraph (A); and

 

“(ii) the Member of Congress fails to obtain an extension pursuant to paragraph (3).

 

“(3) EXTENSIONS.—If a current Member of Congress, or a spouse or dependent of the Member of Congress, is unable to place a covered investment in a qualified blind trust by the date described in paragraph (2)(A), the Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that—

“(A) the total period of time covered by all extensions granted to the Member of Congress for the covered investment shall not exceed 180 days; and

 

“(B) the period covered by a single extension shall be not longer than 45 days.

 

“(b) New Members Of Congress.—

“(1) CERTIFICATION.—Not later than 30 days after the date on which an individual becomes a new Member of Congress, the new Member of Congress shall submit to the applicable supervising ethics office a certification that, as applicable—

“(A) for each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress, the Member of Congress, or the applicable spouse or dependent of the Member of Congress, will—

“(i) divest the covered investment; or

 

“(ii) place the covered investment in a qualified blind trust, including by establishing a qualified blind trust for that purpose, if necessary; or

 

“(B) neither the Member of Congress nor a spouse or dependent of the Member of Congress owns a covered investment.

 

“(2) DIVESTITURE OR PLACEMENT IN QUALIFIED BLIND TRUST.—

“(A) REQUIREMENT.—Subject to paragraph (3), not later than 120 days after the date on which an individual becomes a new Member of Congress, the individual shall divest, or place in a qualified blind trust (including by establishing a qualified blind trust for that purpose, if necessary), each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress.

 

“(B) DIVESTITURE.—A new Member of Congress shall divest a covered investment held by the Member of Congress or a spouse or dependent of the Member of Congress if—

“(i) the Member of Congress, or the applicable spouse or dependent of the Member of Congress, is unable to place the covered investment in a qualified blind trust by the date described in subparagraph (A); and

 

“(ii) the Member of Congress fails to obtain an extension pursuant to paragraph (3).

 

“(3) EXTENSIONS.—If a new Member of Congress, or a spouse or dependent of the Member of Congress, is unable to place a covered investment in a qualified blind trust by the date described in paragraph (2)(A), the Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that—

“(A) the total period of time covered by all extensions granted to the Member of Congress for the covered investment shall not exceed 180 days; and

 

“(B) the period covered by a single extension shall be not longer than 45 days.

 

“(c) Acquisitions During Service.—

“(1) IN GENERAL.—Subject to paragraph (2), and any applicable rules issued pursuant to subsection (h)(3), effective beginning on the date of enactment of the Ban Congressional Stock Trading Act, a Member of Congress, and a spouse or dependent of the Member of Congress, may not acquire a covered investment.

 

“(2) INHERITANCES.—

“(A) IN GENERAL.—Subject to subparagraph (B), a Member of Congress or a spouse or dependent of a Member of Congress who inherits a covered investment shall divest or place the covered investment in a qualified blind trust by not later than 120 days after the date on which the covered investment is inherited.

 

“(B) EXTENSIONS.—If a Member of Congress, or a spouse or dependent of the Member of Congress, is unable to place a covered investment in a qualified blind trust by the date described in subparagraph (A), the Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that—

“(i) the total period of time covered by all extensions granted to the Member of Congress for the covered investment shall not exceed 180 days; and

 

“(ii) the period covered by a single extension shall be not longer than 45 days.

 

“(d) Mingling Of Assets.—A spouse or dependent of a Member of Congress may place a covered investment in a qualified blind trust established by the Member of Congress under subsection (a)(1)(A)(ii) or (b)(1)(A)(ii).

 

“(e) Separation From Service And Cooling-Off Period Required For Control.—During the period beginning on the date on which an individual becomes a Member of Congress and ending on the date that is 180 days after the date on which the individual ceases to serve as a Member of Congress, the Member of Congress, and any spouse or dependent of the Member of Congress, may not—

“(1) dissolve any qualified blind trust in which a covered investment has been placed pursuant to subsection (a), (b), (c)(2), or (d); or

 

“(2) except as provided in this section, otherwise control a covered investment.

 

“(f) Reporting Requirements.—

“(1) SUPERVISING ETHICS OFFICES.—Each supervising ethics office shall make available on the public website of the supervising ethics office—

“(A) a copy of—

“(i) each certification submitted to the supervising ethics office under subsection (a)(1) or (b)(1);

 

“(ii) each qualified blind trust agreement of each Member of Congress;

 

“(iii) each notice and other documentation submitted to the supervising ethics office under paragraph (2) or (3); and

 

“(iv) each notice, rule, and other documentation issued or received by the supervising ethics office under subsection (g);

 

“(B) a schedule of all assets placed in a qualified blind trust by each Member of Congress and interested party; and

 

“(C) a description of each extension granted, and each civil penalty imposed, pursuant to this section.

 

“(2) TRUSTEES.—Each trustee of a qualified blind trust established by a Member of Congress shall submit to the Member of Congress and the applicable supervising ethics office a written notice in any case in which the trustee—

“(A) learns that—

“(i) an interested party has obtained knowledge of any trust property other than the initial property of the qualified blind trust; or

 

“(ii) the value of the initial property of the qualified blind trust is less than $1,000; or

 

“(B) divests any initial property of the qualified blind trust.

 

“(3) MEMBERS OF CONGRESS.—Each Member of Congress who is a beneficiary of a qualified blind trust shall submit to the applicable supervising ethics office—

“(A) a copy of the executed qualified blind trust agreement by not later than 30 days after the date of execution;

 

“(B) a list of each asset and each financial interest transferred to the qualified blind trust by an interested party by not later than 30 days after the date of the transfer;

 

“(C) a copy of each notice submitted to the Member of Congress under paragraph (2) by not later than 30 days after the date of receipt;

 

“(D) a written notice that an interested party has obtained knowledge of any holding of the qualified blind trust by not later than the date that is 30 days after the date on which the Member of Congress discovered that the knowledge had been obtained; and

 

“(E) a written notice of dissolution of the qualified blind trust by not later than 30 days after the date of dissolution.

 

“(g) Enforcement.—

“(1) IN GENERAL.—The applicable supervising ethics office shall provide a written notice (including notice of the potential for civil penalties under paragraph (2)) to any Member of Congress who fails—

“(A) to submit a certification under subsection (a)(1) or (b)(1) by the date on which the certification is required to be submitted; or

 

“(B) to place 1 or more covered investments owned by the Member of Congress or a spouse or dependent of the Member of Congress in a qualified blind trust in accordance with subsection (a)(2), (b)(2), (c)(2)(C)(i)(II), or (c)(2)(A) by the applicable deadline, subject to any extension under subsection (a)(3), (b)(3), or (c)(2)(B).

 

“(2) CIVIL PENALTIES.—

“(A) IN GENERAL.—A supervising ethics office shall impose a civil penalty, in the amount described in subparagraph (B), on a Member of Congress to whom a notice is provided under subparagraph (A) or (B) of paragraph (1)—

“(i) on the date that is 30 days after the date of provision of the notice; and

 

“(ii) not less frequently than once every 30 days thereafter.

 

“(B) AMOUNT.—The amount of each civil penalty imposed on a Member of Congress pursuant to subparagraph (A) shall be equal to the monthly equivalent of the annual rate of pay payable to the Member of Congress.

 

“(h) Authorization Of Supervising Ethics Offices.—Each supervising ethics office in the legislative branch may—

“(1) impose and collect civil penalties in accordance with subsection (g);

 

“(2) establish such procedures and standard forms as the supervising ethics office determines to be appropriate to implement this section;

 

“(3) issue rules in accordance with this section to establish new, and supplement existing, definitions applicable to this section; and

 

“(4) publish on a website all documents and communications described in this subsection.”.

 

Plain English Summary

 

The Ban Congressional Stock Trading Act: • Requires all Members of Congress, and their spouses and dependent children, to put certain investments into a qualified blind trust or divest them within 120 days after the enactment of this legislation. New Members of Congress, and their spouses and dependent children, would be required to do the same within 120 days of assuming office. Covered investments that cannot be moved into a blind trust must be divested.

 

• Requires Members, within 30 days of enactment or swearing in, to certify that they either: 1) will establish a blind trust to include covered investments or 2) do not own any covered investments. The status of these certifications would be made publicly available.

 

• Defines covered investments as the following: a security, commodity, future, or any comparable economic interest acquired through synthetic means such as the use of a derivative.

 

• Clarifies that the following do not qualify as covered investments: diversified mutual funds, diversified exchange-traded funds, and primary compensation from a spouse or dependent, and well as U.S. Treasury bills, notes and bonds. These investments would not have to be placed in a blind trust.

 

• Permits Members to seek a limited number of extensions from their respective House or Senate Ethics Committees.

 

• Permits affected individuals to remove assets from or dissolve the blind trust 180 days after the Member leaves Congress.

 

• Prohibits Members, their spouses, and dependent children from personally acquiring covered investments during the Member’s period of service. • Includes reporting requirements to ensure accountability and public visibility into the holdings of Members’ blind trusts.

 

• Trustees must provide written notice if they divest any initial property of the blind trust. (Trustees must already provide this notice to trust beneficiaries. This bill ensures the public has this information, as well.)

 

• Members must provide to their respective Ethics Committees a copy of any executed blind trust agreement and a schedule of assets transferred into the trust.

 

• House and Senate Ethics Committees must make publicly available key documents, including a copy each blind trust agreement, the schedule of assets transferred into each trust, and a description of any extensions granted or penalties imposed.

 

• Clarifies the treatment of inheritances. Inheritances that are covered investments must be divested or placed into a blind trust not later than 120 days after the receipt.

 

• Provides for enforcement through financial penalties.

 

• Authorizes the House and Senate Ethics Committees to establish rules and guidelines in accordance with the bill.

 

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the McLean Honor Act. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

Ms. Smith of Vermont, for herself, Mr. Reyes of New York, Mr. Hughes of Indiana, Mr. Greenspan of Connecticut, and Mr. O'Hallaron of New York, present

 

A RESOLUTION

 

To recognize two heroes of the Mclean Mass Shooting.

 

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “McLean Honor Act"

 

SECTION 2. FINDINGS.

 

As reported by MSNBC: 

In the store was the Primary class of Mr. Jonathan Vincente. Mr. Vincente ran out into the mall to distract Dragov, giving Ms. Cunningham enough time to pull and lock the gate to the store, while she moved the children into the stockroom of the store. Mr. Vincente was gunned down, and died, while Ms. Cunningham received multiple injuries, though she has since recovered.

 

SECTION 3. AWARDS.

 

(a) Presentation authorized - The Speaker of the House of Representatives and the President  of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Joshua Vincente's next of kin and Emily Cunningham. Upon passage of this resolution by both Houses, the Speaker shall present to Jonathan Vincente's next of kin a Congressional Gold Medal.

(b) Design and striking - For the purposes of the presentation referred to in subsection (a) and (b), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. Upon passage of this resolution by both Houses, the Speaker shall present to Emily Cunningham a Congressional Gold Medal.

 

SECTION 4. DEFINITION.

 

(a) A hero, for purposes of this resolution, is someone who does the right thing in a situation where they realize it may or will lead to their death.

 

Sec. 5. Duplicate Medals.
The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses.

 

Sec. 6. Status of Medals.

(a) National medals - The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic items - For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Sec. 7. Authority to use fund amounts; proceeds of sale
(a) Authority to use fund amounts - There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act.
(b) Proceeds of sale - Amounts received from the sale of duplicate bronze medals authorized under section 5 shall be deposited into the United States Mint Public Enterprise Fund.

 

 

PES: Congressional Gold Medal to the family of Jonathan Vincente, killed in the McLean mass shooting distracting the shooters from his class, and Emily Cunningham, who was wounded sufficiently to require hospitalization and surgery in also helping to protect Vincente's class.

 

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the McLean Act. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

 

 

Ms. Smith of Vermont, for herself, Mr. Reyes of New York, Mr. Hughes of Indiana, Mr. Greenspan of Connecticut, and Mr. O'Hallaron of New York, present

 

A BILL

 

To cover the personal cost to citizens and their families for mass shootings.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “McLean Act"

 

SECTION 2. FINDINGS.

 

(a) The Lawful Commerce in Arms Act, passed by the previous Congress, immunizes arms manufacturers from lawsuit due to firearm killings.

 

(b) While accounting for a relatively small number of firearm deaths, mass shootings have an outsized impact publicly and otherwise.

 

(c) There is often little or nothing to compensate victims and their families in the wake of such events. Insurance companies are hesitant to write coverage against events which are rare, but potentially very expensive.

 

(d) As a matter of policy, when the free market system fails to deal with the potential costs of an event related to a Public Good, the Federal Government has stepped in fund compensation to a necessary, if minimal, extent.

 

SECTION 3. DEFINITIONS.

 

A "mass shooting" is an event, unrelated to another major criminal event, in which four or more people in the general vicinity of each other are victims of firearm homicides.

 

SECTION 4. McLean Mass Shooting Compensation Fund.

 

(a)The Federal Emergency Management Administration shall operate and by appropriate regulation administer the McLean Mass Shooting Compensation Fund, hereafter referred to as "the fund".

 

(b) FEMA is authorized to pay from the fund a maximum for each person killed in a mass shooting, excluding the perpetrators, of the statistical value of a human life as determined by FEMA to immediate family.

 

(c)FEMA is authorized to pay from the fund up to 50% of the statistical value of a human life for medical, lost income, and other related expenses.

 

(d)FEMA is authorized to pay from the fund up to 100% of the statistical value of a human life based on percentage of disability.

 

(e)FEMA is not authorized to pay more then 125% of the statistical value of a human life for each person involved in a mass shooting.

 

SECTION 5. Funding

 

(a) 26 USC 4181 is amended by replacing "10" with "18" and "11" with "19".

 

(b) 45% of the revenue collected under 26 USC 4181 is allocated to the McLean Mass Shooting Compensation Fund.

 

(c)FEMA is authorized to borrow, and the Treasury authorized to lend, up to $1.5 billion at 0% interest as necessary to fulfill its obligations.

 

SECTION 6. Operating Expenses.

 

(a) FEMA is authorized to use up to 0.1% of all funds collected for operating and collection costs.

 

(b) Filing fees and other charges for a routine claim against the fund are prohibited.

 

 

SECTION 7. Implementation.

 

This bill shall retroactively take effect Apr. 1, 2007.

 

 

PES: Increases the excise tax on firearms and ammunition, and uses the proceeds to establish a fund to compensate the victims and families of victims of mass shootings.

 

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the City Youth Violence Recovery Act. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

IN THE HOUSE OF REPRESENTATIVES

 

Mr. Hobson (for himself, Mr. Reyes, Mr. O'Hallaron and Mr. Hughes of Indiana) introduced the following bill; with thanks to Mr. Larson of Connecticut

A BILL

To authorize the Secretary of Health and Human Services to award grants to eligible entities to prevent or alleviate the effects of youth violence in eligible urban communities by providing violence-prevention education, mentoring, counseling, and mental health services to children and adolescents in such communities.

 

Section 1. Short title

This Act may be cited as the "City Youth Violence Recovery Act".

 

Section 2. Findings

The Congress finds the following:

(1) The mental health of young people is essential to their overall well-being. Mental health affects how young people think, feel, and act; their ability to learn and engage in relationships; their self-esteem; their ability to evaluate situations and make choices; and their ability to handle stress, relate to other people, and acquire the skills and training needed for adulthood.

(2) Each year many children and adolescents sustain injuries from violence, lose friends or family members because of violence, or are adversely affected by witnessing violence.

(3) Youth violence, perpetrated both by and against young people, results in enormous physical, emotional, social, and economic consequences.

(4) The National Institutes of Health has found that inner-city children experience the greatest exposure to violence, and youngsters who have been exposed to community violence are more likely to exhibit aggressive behavior or depression within the following year.

(5) Any event that can cause a person to feel fear, helplessness, horror, and a sense that life or safety is in danger puts a person, especially children, at risk for posttraumatic stress.

(6) Many cities lack the resources to provide the appropriate youth counseling and therapy services to minimize the long-term emotional harm of community violence.

 

Section 3. Grants to prevent or alleviate the effects of youth violence

(a) Grants

The Secretary of Health and Human Services, in consultation with the Attorney General of the United States, may award grants to eligible entities to prevent or alleviate the effects of youth violence in eligible urban communities by providing violence-prevention education, mentoring, counseling, and mental health services to children and adolescents in such communities.

(b)Priority

In awarding grants under this section, the Secretary shall give priority to applicants that agree to use the grant in one or more eligible urban communities that lack the monetary or other resources to address youth violence.

(c) Limitation

The Secretary may not make a grant to an eligible entity under this section unless the entity agrees to use not more than 15 percent of the funds provided through the grant for violence-prevention education.

(d) Definitions

In this section:

(1) The term eligible entity means a partnership between a State mental health authority and one or more local public or private providers, such as a city agency, State agency, educational institution, or nonprofit or for-profit organization.

(2) he term eligible urban community means an urban community with a high or increasing incidence of youth violence.

(3) The term Secretary means the Secretary of Health and Human Services.

(e) Authorization of appropriations

To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2013.

 

PES

Authorizes the Secretary of Health and Human Services to award grants to partnerships between a state mental health authority and one or more local public or private entities to prevent or alleviate the effects of youth violence in urban communities with a high or increasing incidence of such violence by providing violence-prevention education, mentoring, counseling, and mental health services to children and adolescents. Gives priority to grant applicants that agree to use the grant in communities that lack the resources to address youth violence. Requires grant applicants to agree to use no more than 15% of a grant for violence-prevention education.

 

ANNOUNCEMENT FROM THE SPEAKER

Dear Members of Congress,

It is the pleasure of the Speaker of the House to announce the fourth docket of the 110th Congress:

• Effective Disaster Relief And Recovery Act of 2007
• Ban Congressional Stock Trading Act
• McLean Honor Act
• McLean Act
• City Youth Violence Recovery Act

So ordered,

/s/ Christopher Williams /s/ 

Speaker of the House of Representatives

110TH CONGRESS

IN THE SENATE OF THE UNITED STATES

Mr. Williams and Mrs. King, for themselves, and others, offer

A BILL

To provide effective and adequate disaster relief and appropriate recovery and other purposes.

Be it enacted by the Senate and the House of the Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act shall be cited as the “Effective Disaster Relief and Recovery Act of 2007”.

SECTION 2. AUTOMATIC DISASTER ASSISTANCE ACTIVATION.

(a) Automatic Activation.-- Title 44; Chapter I; Subchapter D is hereby amended:

Ҥ207. AUTOMATIC DISASTER ASSISTANCE ACTIVATION.

(a) Notwithstanding any other provision of this Title, the Federal Coordinating Officer (defined under 44 CFR 206.2(a)(11) and hereafter), shall identify a major disaster (defined under 44 CFR 206.2(a)(17) and hereafter) within 6 hours of its occurrence and has the authority to make a declaration of a major disaster, (notwithstanding 44 CFR 206.38), to be approved by the Administrator (defined under 44 CFR 206.2(a)(7) and hereafter) within 24 hours, in which the Administrator has the authority to begin implementation of the processes delegated to them under Title 44.”

SECTION 3.  PROPERTY RELIEF AND DISASTER RECOVERY CRISIS ACT.

(a) In general.-- There shall be established under Title 44; Chapter I; Subchapter D shall be a new part, as follows:

“PART 210. PROPERTY RELIEF CRISIS CENTER.

210(a). Establishment. -- The Administrator shall, upon a Presidential declaration of a major disaster or an emergency (defined under 44 CFR 206.38(a) and hereafter) or through authority delegated within Section 2 of the Effective Disaster Relief and Recovery Act of 2007, direct the creation of a “Property Relief Crisis Center” (PRCC hereafter) similar to the Disaster Application Center (defined under 44 CFR 206.32(c)) within the disaster area for individuals, families, or businesses to apply for benefits espoused under this section. 

210(b). Property Relief Crisis Centers. -- The PRCC shall have the authority to employ up to five hundred “Relief Coordinators” (defined as a person employed by the FEMA upon designation by the Administrator for the specific implementation of this section) to verify an Applicant’s (defined under 44 CFR 206.2(a)(2) and hereafter) Proof of Ownership of damaged property (defined as any residential or commercial property within a “designated area” [defined under 44 CFR 206.2(a)(6)] and hereafter) claimed to be damaged due to a major disaster (defined under Title 44); identify damage to such property; and coordinate between construction contractors [defined under this section] and Insurance or Claims Adjusters, if applicable, of such damaged property. 

210(c). Property Relief Crisis Fund. -- There shall be a discretionary fund, appropriated $200 billion each fiscal year, under the “Property Relief Crisis Fund” authorized under this section. 

210(d). Property Construction Contract. -- If an Applicant’s damaged property is applicably insured relative to the major disaster, an Applicant, in conjunction with their Insurer’s claims adjuster shall select to enter into a construction contract, defined under this section as any contract for the construction and rehabilitation of the damaged property with clear provisions relating to the scope of work; construction specifications; Bill of Quantities; Construction Schedules; and a Schedule of Value; and a Contract Price detailing full cost amount of work. An applicable contract under this section shall not include a requirement of a deposit. 

210(f). Property Relief Accountability of Payment Based on Percentage. -- If applicable, the insurance corporation with which a damaged property is insured is responsible for payment of 75% of the full cost amount of work under the construction contract (defined in the previous subsection). The Relief Coordinator shall authorize 25% of the full cost amount of work under the construction contract to be distributed from the Property Relief Crisis Fund, authorized under this section, up to $250,000. 

210(g). Recovery for Un-Insured Properties. -- For an Applicant whose damaged property is not insured relative to the major disaster, a Relief Coordinator shall secure a construction contract, defined under this section, based on three estimates from construction corporations within the state of the designated area. Distributed from the Property Relief Crisis Fund, the Relief Coordinator shall authorize the distribution of half of the full cost amount of work, up to $175,000, under the construction contract before work is completed as a deposit and distribute the following half of the full cost amount of work, up to $175,000, upon completion of the construction contract relative to Construction Schedules agreed within the Construction Contract.”

(b). Major Disaster Insurance Coverage Mandate. -- Any property insurance company that, as of January 2007, underwrites policies covering residential and commercial property shall, by no later than January 1, 2009, include coverage of any residential and commercial properties damaged due to a major disaster (defined previously) within all serviced policies marketed to the public, subject only to current underwriting requirements.

(c). Coverage Cost Cap. -- Any insurance company applicably and legally underwriting residential or commercial property insurance is prohibited, relative to indexed inflation, from increasing premiums of coverage by more than 15% of what premiums of coverage were serviced and advertised on or before July 1, 2007. 

SECTION 4. RELIEF FOR IOWA.

(a). Davenport Flood Relief. -- There shall be appropriated $25 billion to the Federal Emergency Management Agency for purposes of carrying out relief, recovery, and rebuilding efforts in Davenport, Iowa, along with surrounding communities and any other communities determined by the FEMA director to have been severely negatively affected by recent flooding events.

(b) Expedition of HUD Relief. -- The Secretary of the Department of Housing and Urban Development is instructed to provide expedited processing, consideration, and disbursement of funds through the Community Development Block Grant Disaster Recovery Program to Davenport, Iowa, and surrounding locations for the purposes of rebuilding critical infrastructure, public works and other necessary repairs/reconstruction efforts related to the disaster.

SECTION 5. Temporary tax relief for flooded areas in Iowa.

In general.—These provisions shall apply to the flooded areas of Iowa with respect to which a federal disaster declaration has been declared by the President.

(1) The limitations on personal casualty losses imposed by paragraphs (1) and (2)(A) of 26 U.S. Code § 165(h) are suspended.

(2) The replacement period for nonrecognition of gain allowed by clause (i) of 26 U.S. Code § 1033 (a)(2)(B) is extended from 2 years to 5 years.

(3) An employee retention credit equal to 40 percent of the wages and not exceeding a total of $6,000 with respect to each employee is extended to each employer who employed an average of not more than 200 employees in the affected area in the most recent taxable year.

(4) The depreciation deduction for general wear and tear shall include an allowance equal to 50 percent of the adjusted basis of the property.

(5) The dollar amounts expensing under 26 U.S. Code § 179 are increased by $100,000 for paragraph (1) and $600,000 for paragraph (2).

(6) Beginning with the date of the flooding and ending December 31, 2009, a taxpayer may elect to treat 50 percent of any clean-up cost for a property in the affected area as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such cost is paid or incurred.

(7) Beginning with the date of the flooding and ending December 31, 2009, the rehabilitation tax credit allowed under paragraphs (1) and (2) of 26 U.S. Code § 47(a) are increased by respectively 3 percent and 6 percent.

(8) With respect to the deduction for net operating losses for businesses in the affected area, the carryback period is increased from 2 taxable years to 5 taxable years.

(9) The carryback period for eligible public utility property losses in the affected area is extended to 5 years.

(10) Beginning with the date of the flooding and ending December 31, 2008, the 10 percent additional tax on early distributions from qualified retirement plans imposed by 26 U.S. Code § 72(t) shall not be imposed on any individual whose principal abode is in the affected area and who has sustained an economic loss.

PLAIN ENGLISH SUMMARY

Section 1 - Titles the Act, “Effective Disaster Relief and Recovery Act of 2007”

Section 2 - Gives the Federal Coordinating Officer, in conjunction with the Administrator, the authority to declare a major disaster upon identifying a natural disaster, within 24 hours of a natural disaster, bypassing the need for a Presidential declaration or request from a Governor.

Section 3. Establishes the Property Relief Crisis Center. Appropriates $200 billion Fund annually to run the program. Establishes program mandating Fund handle 25% - up to $250,000 of an insured, damaged property’s rehab with other 75% handled by an insurance company. For uninsured properties, mandates full cost of rehab for damaged properties up to $250,000. Mandates Insurance Companies currently covering commercial and residential properties include natural disaster coverage within all of its offered property insurance policies by January 2009. Prohibits an Insurance Company offering residential or commercial property coverage from increasing premiums by any more than 15% than what the premium coverage was on July 1, 2007, indexed to inflation. 

Section 4. Provides $25 billion in direct recovery funds for Davenport, Iowan flood relief administered by FEMA. Mandates HUD expedite processes for relief specific to the Davenport Iowan flood situation.

Section 5.  (1) suspension of certain limitations on personal casualty losses; (2) an extension of the period for replacing damaged property without recognizing gain; (3) an employee retention tax credit for affected businesses through 2007; (4) bonus depreciation for certain property acquired after June 26, 2007; (5) increased expensing of small business assets; (6) increased expensing  of demolition and cleanup costs; (7) an increase in the tax credit for rehabilitation expenditures; (8) extended net operating loss carryback periods for losses attributable to storms; (9) extended net operating loss carryback periods for public utility property disaster losses; and (10) penalty-free withdrawals and loans from individual retirement accounts and other tax-exempt pension plans.

110TH CONGRESS

IN THE SENATE OF THE UNITED STATES

Mr. Williams and Mrs. King, for themselves, and others, offer

A BILL

To provide effective and adequate disaster relief and appropriate recovery and other purposes.

Be it enacted by the Senate and the House of the Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act shall be cited as the “Effective Disaster Relief and Recovery Act of 2007”.

SECTION 2. AUTOMATIC DISASTER ASSISTANCE ACTIVATION.

(a) Automatic Activation.-- Title 44; Chapter I; Subchapter D is hereby amended:

Ҥ207. AUTOMATIC DISASTER ASSISTANCE ACTIVATION.

(a) Notwithstanding any other provision of this Title, the Federal Coordinating Officer (defined under 44 CFR 206.2(a)(11) and hereafter), shall identify a major disaster (defined under 44 CFR 206.2(a)(17) and hereafter) within 6 hours of its occurrence and has the authority to make a declaration of a major disaster, (notwithstanding 44 CFR 206.38), to be approved by the Administrator (defined under 44 CFR 206.2(a)(7) and hereafter) within 24 hours, in which the Administrator has the authority to begin implementation of the processes delegated to them under Title 44.”

SECTION 3.  PROPERTY RELIEF AND DISASTER RECOVERY CRISIS ACT.

(a) In general.-- There shall be established under Title 44; Chapter I; Subchapter D shall be a new part, as follows:

“PART 210. PROPERTY RELIEF CRISIS CENTER.

210(a). Establishment. -- The Administrator shall, upon a Presidential declaration of a major disaster or an emergency (defined under 44 CFR 206.38(a) and hereafter) or through authority delegated within Section 2 of the Effective Disaster Relief and Recovery Act of 2007, direct the creation of a “Property Relief Crisis Center” (PRCC hereafter) similar to the Disaster Application Center (defined under 44 CFR 206.32(c)) within the disaster area for individuals, families, or businesses to apply for benefits espoused under this section. 

210(b). Property Relief Crisis Centers. -- The PRCC shall have the authority to employ up to five hundred “Relief Coordinators” (defined as a person employed by the FEMA upon designation by the Administrator for the specific implementation of this section) to verify an Applicant’s (defined under 44 CFR 206.2(a)(2) and hereafter) Proof of Ownership of damaged property (defined as any residential or commercial property within a “designated area” [defined under 44 CFR 206.2(a)(6)] and hereafter) claimed to be damaged due to a major disaster (defined under Title 44); identify damage to such property; and coordinate between construction contractors [defined under this section] and Insurance or Claims Adjusters, if applicable, of such damaged property. 

210(c). Property Relief Crisis Fund. -- There shall be a discretionary fund, appropriated $200 billion each fiscal year, under the “Property Relief Crisis Fund” authorized under this section. 

210(d). Property Construction Contract. -- If an Applicant’s damaged property is applicably insured relative to the major disaster, an Applicant, in conjunction with their Insurer’s claims adjuster shall select to enter into a construction contract, defined under this section as any contract for the construction and rehabilitation of the damaged property with clear provisions relating to the scope of work; construction specifications; Bill of Quantities; Construction Schedules; and a Schedule of Value; and a Contract Price detailing full cost amount of work. An applicable contract under this section shall not include a requirement of a deposit. 

210(f). Property Relief Accountability of Payment Based on Percentage. -- If applicable, the insurance corporation with which a damaged property is insured is responsible for payment of 75% of the full cost amount of work under the construction contract (defined in the previous subsection). The Relief Coordinator shall authorize 25% of the full cost amount of work under the construction contract to be distributed from the Property Relief Crisis Fund, authorized under this section, up to $250,000. 

210(g). Recovery for Un-Insured Properties. -- For an Applicant whose damaged property is not insured relative to the major disaster, a Relief Coordinator shall secure a construction contract, defined under this section, based on three estimates from construction corporations within the state of the designated area. Distributed from the Property Relief Crisis Fund, the Relief Coordinator shall authorize the distribution of half of the full cost amount of work, up to $175,000, under the construction contract before work is completed as a deposit and distribute the following half of the full cost amount of work, up to $175,000, upon completion of the construction contract relative to Construction Schedules agreed within the Construction Contract.”

(b). Major Disaster Insurance Coverage Mandate. -- Any property insurance company that, as of January 2007, underwrites policies covering residential and commercial property shall, by no later than January 1, 2009, include coverage of any residential and commercial properties damaged due to a major disaster (defined previously) within all serviced policies marketed to the public, subject only to current underwriting requirements.

(c). Coverage Cost Cap. -- Any insurance company applicably and legally underwriting residential or commercial property insurance is prohibited, relative to indexed inflation, from increasing premiums of coverage by more than 15% of what premiums of coverage were serviced and advertised on or before July 1, 2007. 

SECTION 4. RELIEF FOR IOWA.

(a). Davenport Flood Relief. -- There shall be appropriated $25 billion to the Federal Emergency Management Agency for purposes of carrying out relief, recovery, and rebuilding efforts in Davenport, Iowa, along with surrounding communities and any other communities determined by the FEMA director to have been severely negatively affected by recent flooding events.

(b) Expedition of HUD Relief. -- The Secretary of the Department of Housing and Urban Development is instructed to provide expedited processing, consideration, and disbursement of funds through the Community Development Block Grant Disaster Recovery Program to Davenport, Iowa, and surrounding locations for the purposes of rebuilding critical infrastructure, public works and other necessary repairs/reconstruction efforts related to the disaster.

SECTION 5. Temporary tax relief for flooded areas in Iowa.

In general.—These provisions shall apply to the flooded areas of Iowa with respect to which a federal disaster declaration has been declared by the President.

(1) The limitations on personal casualty losses imposed by paragraphs (1) and (2)(A) of 26 U.S. Code § 165(h) are suspended.

(2) The replacement period for nonrecognition of gain allowed by clause (i) of 26 U.S. Code § 1033 (a)(2)(B) is extended from 2 years to 5 years.

(3) An employee retention credit equal to 40 percent of the wages and not exceeding a total of $6,000 with respect to each employee is extended to each employer who employed an average of not more than 200 employees in the affected area in the most recent taxable year.

(4) The depreciation deduction for general wear and tear shall include an allowance equal to 50 percent of the adjusted basis of the property.

(5) The dollar amounts expensing under 26 U.S. Code § 179 are increased by $100,000 for paragraph (1) and $600,000 for paragraph (2).

(6) Beginning with the date of the flooding and ending December 31, 2009, a taxpayer may elect to treat 50 percent of any clean-up cost for a property in the affected area as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such cost is paid or incurred.

(7) Beginning with the date of the flooding and ending December 31, 2009, the rehabilitation tax credit allowed under paragraphs (1) and (2) of 26 U.S. Code § 47(a) are increased by respectively 3 percent and 6 percent.

(8) With respect to the deduction for net operating losses for businesses in the affected area, the carryback period is increased from 2 taxable years to 5 taxable years.

(9) The carryback period for eligible public utility property losses in the affected area is extended to 5 years.

(10) Beginning with the date of the flooding and ending December 31, 2008, the 10 percent additional tax on early distributions from qualified retirement plans imposed by 26 U.S. Code § 72(t) shall not be imposed on any individual whose principal abode is in the affected area and who has sustained an economic loss.

PLAIN ENGLISH SUMMARY

Section 1 - Titles the Act, “Effective Disaster Relief and Recovery Act of 2007”

Section 2 - Gives the Federal Coordinating Officer, in conjunction with the Administrator, the authority to declare a major disaster upon identifying a natural disaster, within 24 hours of a natural disaster, bypassing the need for a Presidential declaration or request from a Governor.

Section 3. Establishes the Property Relief Crisis Center. Appropriates $200 billion Fund annually to run the program. Establishes program mandating Fund handle 25% - up to $250,000 of an insured, damaged property’s rehab with other 75% handled by an insurance company. For uninsured properties, mandates full cost of rehab for damaged properties up to $250,000. Mandates Insurance Companies currently covering commercial and residential properties include natural disaster coverage within all of its offered property insurance policies by January 2009. Prohibits an Insurance Company offering residential or commercial property coverage from increasing premiums by any more than 15% than what the premium coverage was on July 1, 2007, indexed to inflation. 

Section 4. Provides $25 billion in direct recovery funds for Davenport, Iowan flood relief administered by FEMA. Mandates HUD expedite processes for relief specific to the Davenport Iowan flood situation.

Section 5.  (1) suspension of certain limitations on personal casualty losses; (2) an extension of the period for replacing damaged property without recognizing gain; (3) an employee retention tax credit for affected businesses through 2007; (4) bonus depreciation for certain property acquired after June 26, 2007; (5) increased expensing of small business assets; (6) increased expensing  of demolition and cleanup costs; (7) an increase in the tax credit for rehabilitation expenditures; (8) extended net operating loss carryback periods for losses attributable to storms; (9) extended net operating loss carryback periods for public utility property disaster losses; and (10) penalty-free withdrawals and loans from individual retirement accounts and other tax-exempt pension plans.