An amendment numbered 8 printed in House Report 109-266 to add a new section prohibiting a State or political subdivision of a State from the exercise of eminent domain over the property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization if that State or political subdivision received Federal economic development funds during any fiscal year in which it does so and any violation of the provision will render the State or political subdivision ineligible to receive Federal economic development funds for a period of 2 fiscal years.
What it does: Adds SEC. 12. RELIGIOUS AND NONPROFIT ORGANIZATIONS at the end of the billDescription
Amendment adds an additional section to the bill to ensure that religious and other nonprofit organizations are not penalized because of their tax exempt status.
What it changes
1 change to H.R. 4128
We couldn't match these changes to the text of H.R. 4128, so they're shown as written.
Adds SEC. 12. RELIGIOUS AND NONPROFIT ORGANIZATIONS at the end of the bill
Adds a sectionInserted: SEC. 12. RELIGIOUS AND NONPROFIT ORGANIZATIONS.
Inserted: (a) Prohibition on States.--No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so.
Inserted: (b) Ineligibility for Federal Funds.--A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof.
Inserted: (c) Prohibition on Federal Government.--The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto.
Original wording
Add at the end the following new section:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Add at the end the following new section:
SEC. 12. RELIGIOUS AND NONPROFIT ORGANIZATIONS.
(a) Prohibition on States.--No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof.
(c) Prohibition on Federal Government.--The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto.
Legislative Activity
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House amendment offered
November 3, 2005
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House amendment offered
November 3, 2005
Amendment agreed to Committee of the Whole
November 3, 2005 • 4:35 PM
House amendment agreed to: On agreeing to the Gingrey amendment (A007) Agreed to by voice vote.
November 3, 2005 • 4:35 PM
House amendment offered/reported by : Amendment (A007) offered by Mr. Gingrey.(consideration: CR H9597-9598; text: CR H9598)
November 3, 2005 • 4:29 PM
Amendment (A007) offered by Mr. Gingrey. (consideration: CR H9597-9598; text: CR H9598)
November 3, 2005 • 4:29 PM
On agreeing to the Gingrey amendment (A007) Agreed to by voice vote.
November 3, 2005 • 4:35 PM