113 HRES 772 IH: Directing the House of Representatives to bring a civil action for declaratory or injunctive relief to challenge certain policies and actions taken by the executive branch relating to immigration.
U.S. House of Representatives
2014-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		2d Session
		H. RES. 772
		IN THE HOUSE OF REPRESENTATIVES

			December 8, 2014
			Mr. Rice of South Carolina (for himself, Mr. LaMalfa, and Mr. Weber of Texas) submitted the following resolution; which was referred to the Committee on Rules, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		RESOLUTION
		Directing the House of Representatives to bring a civil action for declaratory or injunctive relief
			 to challenge certain policies and actions taken by the executive branch
			 relating to immigration.

		Whereas President Obama and officials in his administration have frequently overstepped the limits
			 placed on executive branch power by the Constitution;
		Whereas President Obama stated he did not have the legal authority to take executive actions on
			 immigration that he has now subsequently taken;
		Whereas because of President Obama’s continuing failure to faithfully execute the laws, his
			 administration’s actions cannot be addressed by the enactment of new laws,
			 because Congress cannot assume that the President will execute the new
			 laws any more faithfully than the laws he has already ignored, leaving
			 Congress with no legislative remedy to prevent the establishment of what
			 is in effect an imperial Presidency; and
		Whereas it is therefore necessary and appropriate for Congress to turn to the courts to ensure the
			 faithful execution of the laws as required by the Constitution: Now,
			 therefore, be it

		1.Directing civil action by House of Representatives in response to certain executive branch actions
			 relating to immigration
			(a)Civil ActionThe House of Representatives shall bring a civil action in the United States District Court for the
			 District of Columbia for declaratory or injunctive relief to challenge any
			 of the following policies or actions:
				(1)The policy of the Department of Homeland Security to exercise prosecutorial discretion with respect
			 to individuals who came to the United States as children, as announced by
			 the Department of Homeland Security on June 15, 2012.
				(2)The policy of the Department of Homeland Security to exercise further prosecutorial discretion with
			 respect to certain other unlawfully present aliens, as directed in a
			 November 20, 2014, memorandum issued by Secretary of Homeland Security Jeh
			 Charles Johnson, and related memoranda issued by the executive branch.
				(b)No Additional Funds Provided To Bring ActionsAny amounts obligated or expended by the House of Representatives to carry out this resolution
			 during a fiscal year shall be derived from existing appropriations for
			 salaries and expenses of the House for that fiscal year, and nothing in
			 this resolution may be construed as authorizing an increase in the amount
			 of budget authority available to the House for that fiscal year.
			(c)No Effect on Existing Authority of SpeakerNothing in this resolution may be construed to affect the authority of the Speaker to initiate any
			 civil action on behalf of the House of Representatives, or to intervene in
			 any civil action on behalf of the House of Representatives, pursuant to
			 House Resolution 676, One Hundred Thirteenth Congress.


115 HR 6026 IH: Stopping Bad Robocalls Act
U.S. House of Representatives
2018-06-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6026IN THE HOUSE OF REPRESENTATIVESJune 7, 2018Mr. Pallone introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to clarify the prohibitions on making robocalls, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Stopping Bad Robocalls Act. 2.Prohibitions on making robocalls (a)In generalSection 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended—
 (1)in subsection (a), by amending paragraph (1) to read as follows:  (1)The term robocall means a call made (including a text message sent)—
 (A)using equipment that makes a series of calls to stored telephone numbers, including numbers stored on a list, or to telephone numbers produced using a random or sequential number generator, except for a call made using only equipment that the caller demonstrates requires substantial additional human intervention to dial or place a call after a human initiates the series of calls; or
 (B)using an artificial or prerecorded voice.; (2)in subsection (b)—
 (A)in paragraph (1)— (i)in subparagraph (A)—
 (I)by striking any call and inserting any robocall; and (II)by striking using any automatic telephone dialing system or an artificial or prerecorded voice;
 (ii)in subparagraph (B)— (I)by striking telephone call and inserting robocall; and
 (II)by striking using an artificial or prerecorded voice to deliver a message; and (iii)in subparagraph (D), by striking use an automatic telephone dialing system and inserting make robocalls; and
 (B)in paragraph (2)(A), by striking calls made using an artificial or prerecorded voice and inserting robocalls; (3)in subsection (d)—
 (A)in paragraph (1)(A)— (i)by striking telephone call using any automatic telephone dialing system and inserting robocall described in subsection (a)(1)(A) using any equipment; and
 (ii)by striking or automatic telephone dialing system and inserting or to make any robocall described in subsection (a)(1)(A); and (B)in paragraph (3)—
 (i)in the heading, by inserting robocall after voice; (ii)in the first sentence, by striking artificial or prerecorded voice message via telephone and inserting robocall described in subsection (a)(1)(B); and
 (iii)in subparagraph (A), by striking all artificial or prerecorded telephone messages and inserting the artificial or prerecorded voice message contained in any robocall described in such subsection; and (4)in subsection (f)(1)—
 (A)by striking subparagraphs (B) and (C) and inserting the following:  (B)the making of robocalls; or; and
 (B)by redesignating subparagraph (D) as subparagraph (C). (b)Manner of revoking prior express consentSection 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)) is amended—
 (1)by redesignating paragraph (3) as paragraph (7); and (2)by inserting after paragraph (2) the following:

 (3)Manner of revoking prior express consentFor purposes of this subsection, prior express consent may be revoked at any time and in any reasonable manner, regardless of the context in which consent was provided..
 (c)Deadline for regulationsNot later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall prescribe such regulations, or amend such existing regulations, as necessary to implement the amendments made by this section.
 (d)Report to Congress on text messagesNot later than 60 days after the date of the enactment of this Act, after notice and an opportunity for public comment, the Federal Communications Commission shall submit to Congress a report on how best to limit the number of unwanted text messages received by consumers. Such report shall contain recommendations by the Commission, including recommendations for potential legislation.
			3.Consumer protections for exemptions
 (a)In generalSection 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended— (1)in subparagraph (G)(ii), by striking ; and and inserting a semicolon;
 (2)in subparagraph (H), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (I)shall ensure that any exemption under subparagraph (B) or (C) contains requirements for calls made in reliance on the exemption with respect to—
 (i)the classes or categories of parties that may make such calls; (ii)the classes or categories of parties that may be called;
 (iii)the purposes for which such calls may be made; (iv)the number of such calls that a calling party may make to a particular called party; and
 (v)the obligation of the calling party— (I)to provide the called party with a conspicuous consumer choice mechanism that permits the called party, at any time, to indicate that the called party wishes to stop receiving such calls from the calling party; and
 (II)to stop making such calls to the called party if the called party so indicates.. (b)Deadline for regulationsIn the case of any exemption issued under subparagraph (B) or (C) of section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) before the date of the enactment of this Act, the Federal Communications Commission, shall, not later than 1 year after such date of enactment, prescribe such regulations, or amend such existing regulations, as necessary to ensure that such exemption meets the requirements of subparagraph (I) of such section, as added by subsection (a).
			4.Reassigned number database; safe harbor
 (a)In generalSection 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)), as amended by section 2(b), is further amended by inserting after paragraph (3) the following:

					(4)Reassigned number database; safe harbor
 (A)Database requiredThe Commission shall establish a nationwide database of telephone numbers that have been reassigned in order to provide persons making calls subject to this subsection with the comprehensive and timely information that such persons need to avoid making calls without the prior express consent of the called party because of the reassignment of the number called to a different party. The Commission shall ensure that information in the database required by this subparagraph is up-to-date.
 (B)Provider participation requiredThe Commission shall require each covered provider to report to the database required by subparagraph (A) the reassignment of any telephone number to or from a subscriber of such provider.
 (C)Safe harborBeginning on the date of the establishment of the database required by subparagraph (A), in the case of a person who makes a call subject to this subsection to a telephone number that has been reassigned from a subscriber who had given prior express consent to be called by such person, such person shall not be found in violation of this subsection on the basis of not having the prior express consent of the called party to make such call, if such person shows that—
 (i)such person had the prior express consent of such subscriber and such consent had not been revoked as of the time of such call;
 (ii)such person queried such database before making such call, the query did not show such number as being reassigned from such subscriber, and such person made such call within a reasonable period of time (as defined by the Commission) after such query;
 (iii)such query did not show such number as being reassigned from such subscriber as a result of an inaccuracy on the part of—
 (I)the Commission or other entity administering such database; or (II)a covered provider in reassigning such number or in making a report to such database about the reassignment of such number;
 (iv)such person did not otherwise know or have any reason to know that such number had been reassigned from such subscriber;
 (v)such call would have complied with the requirements of this subsection but for the lack of the prior express consent of the called party; and
 (vi)such person— (I)took affirmative steps to correct the internal records of such person with respect to such number; and
 (II)reported to such database any inaccuracy that such person discovered with respect to such number in such database.
 (D)Rule of constructionNothing in this paragraph shall be construed to preclude the Commission from contracting with a private entity to provide the database required by subparagraph (A).
 (E)Covered provider definedIn this paragraph, the term covered provider means a provider of voice service or text messaging service (as such terms are defined in subsection (e)(8))..
			(b)Called party defined
 (1)In generalSection 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended by adding at the end the following:

 (6)The term called party means, with respect to a call, the current subscriber of the telephone number to which the call is made, determined at the time when the call is made..
 (2)Conforming amendmentsSection 227(d)(3)(B) of the Communications Act of 1934 (47 U.S.C. 227(d)(3)(B)) is amended— (A)by striking called party’s line each place it appears and inserting telephone line called; and
 (B)by striking called party has hung up and inserting answering party has hung up. (c)Deadline for regulations and establishment of databaseNot later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall—
 (1)prescribe regulations to implement the amendments made by this section; and (2)establish the database required by such amendments.
 (d)Transitional rule regarding definition of covered providerSubparagraph (E) of paragraph (4) of subsection (b) of section 227 of the Communications Act of 1934 (47 U.S.C. 227), as added by subsection (a) of this section, shall apply before the effective date of the amendment made to subsection (e)(8) of such section 227 by subparagraph (C) of section 503(a)(2) of division P of the Consolidated Appropriations Act, 2018 (Public Law 115–141) as if such amendment was already in effect.
			5.Enforcement
			(a)No citation required To seek forfeiture penalty
 (1)For robocall violationsSection 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)), as amended by sections 2(b) and 4(a), is further amended by inserting after paragraph (4) the following:

 (5)No citation required to seek forfeiture penaltyParagraph (5) of section 503(b) shall not apply in the case of a violation of this subsection.. (2)For caller identification information violationsSection 227(e)(5)(A)(iii) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)(A)(iii)) is amended by adding at the end the following: Paragraph (5) of section 503(b) shall not apply in the case of a violation of this subsection..
				(b)4-Year statute of limitations
 (1)For robocall violationsSection 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)), as amended by sections 2(b) and 4(a) and subsection (a)(1) of this section, is further amended by inserting after paragraph (5) the following:

 (6)4-year statute of limitationsNotwithstanding paragraph (6) of section 503(b), no forfeiture penalty for violation of this subsection shall be determined or imposed against any person if the violation charged occurred more than 4 years prior to the date of issuance of the notice required by paragraph (3) of such section or the notice of apparent liability required by paragraph (4) of such section (as the case may be)..
 (2)For caller identification information violationsSection 227(e)(5)(A)(iv) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)(A)(iv)) is amended— (A)in the heading, by striking 2-year and inserting 4-year; and
 (B)by striking 2 years and inserting 4 years. 6.Annual report to CongressSection 227 of the Communications Act of 1934 (47 U.S.C. 227) is further amended by adding at the end the following:

				(i)Annual report to Congress on robocalls and transmission of misleading or inaccurate caller
			 identification information
 (1)Report requiredNot later than 1 year after the date of the enactment of the Stopping Bad Robocalls Act, and annually thereafter, the Commission, after consultation with the Federal Trade Commission, shall submit to Congress a report regarding enforcement by the Commission of subsections (b), (d), and (e) during the preceding calendar year.
 (2)Matters for inclusionEach report required by paragraph (1) shall include the following: (A)The number of complaints received by the Commission during each of the preceding five calendar years, for each of the following categories:
 (i)Complaints alleging that a consumer received a robocall in violation of subsection (b). (ii)Complaints alleging that a consumer received a robocall in violation of the standards prescribed under subsection (d).
 (iii)Complaints alleging that a consumer received a call in connection with which misleading or inaccurate caller identification information was transmitted in violation of subsection (e).
 (B)The number of citations issued by the Commission pursuant to section 503(b) during the preceding calendar year to enforce subsection (d), and details of each such citation.
 (C)The number of notices of apparent liability issued by the Commission pursuant to section 503(b) during the preceding calendar year to enforce subsections (b), (d), and (e), and details of each such notice including the proposed forfeiture amount.
 (D)The number of final orders imposing forfeiture penalties issued pursuant to section 503(b) during the preceding calendar year to enforce such subsections, and details of each such order including the total forfeiture imposed.
 (E)The amount of forfeiture penalties or criminal fines collected, during the preceding calendar year, by the Commission or the Attorney General for violations of such subsections, and details of each case in which such a forfeiture penalty or criminal fine was collected.
 (F)Proposals for reducing by half the number of calls made in violation of such subsections. (G)An analysis of the contribution by providers of interconnected VoIP service and non-interconnected VoIP service that discount high-volume, short-duration calls to the total number of robocalls, and recommendations on how to address such contribution in order to decrease the total number of robocalls..
		7.Regulations relating to caller identification information authentication standards
 (a)In generalNot later than 1 year after the date of the enactment of this Act, the Commission shall prescribe regulations in WC Docket No. 17–97.
			(b)Requirements for caller identification information authentication technology
 (1)In generalThe regulations required by subsection (a) shall require providers of voice service to implement, by a date specified by the Commission, caller identification information authentication technology that has the ability to—
 (A)verify that any caller identification information transmitted in connection with a call (including a call originating outside the United States if the recipient is within the United States) is—
 (i)accurate; or (ii)exempted under the regulations promulgated under paragraph (3) of section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) from the prohibition under paragraph (1) of such section; and
 (B)prevent a subscriber from receiving a call unless— (i)any caller identification information transmitted in connection with such call is verified as described in subparagraph (A); or
 (ii)no caller identification information is transmitted in connection with such call, whether because a person has blocked the capability of a caller identification service to transmit such information in accordance with paragraph (2) of section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) or otherwise.
 (2)Unblocking requestsSuch regulations shall require a provider of voice service to— (A)accept a request from a subscriber of such service, a calling party, or another provider of voice service for the caller identification information authentication technology required under paragraph (1) to allow the completion of a call in connection with which caller identification information is transmitted but not verified as described in subparagraph (A) of such paragraph; and
 (B)if such request meets criteria prescribed by the Commission in such regulations, grant such request.
 (3)No additional cost to subscribersSuch regulations shall prohibit providers of voice service from making any additional charge to subscribers for the caller identification information authentication technology required under paragraph (1).
 (c)DefinitionsIn this section: (1)Caller identification informationThe term caller identification information has the meaning given such term in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)).
 (2)Caller identification serviceThe term caller identification service has the meaning given such term in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)).
 (3)CommissionThe term Commission means the Federal Communications Commission. (4)Voice serviceThe term voice service has the meaning given such term in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)). This paragraph shall apply before the effective date of the amendment made to such section by subparagraph (C) of section 503(a)(2) of division P of the Consolidated Appropriations Act, 2018 (Public Law 115–141) as if such amendment was already in effect.


115 HR 329 IH: To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment.
U.S. House of Representatives
2017-01-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 329IN THE HOUSE OF REPRESENTATIVESJanuary 5, 2017Ms. Lee introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and
			 elder care services necessary for gainful employment.

		1.Expenses for household and elder care services necessary for gainful employment
 (a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					25E.Expenses for household and elder care services necessary for gainful employment
						(a)Allowance of credit
 (1)In generalIn the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year.
 (2)Applicable percentage definedFor purposes of paragraph (1), the term applicable percentage means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000.
 (b)Definitions of qualifying individual and employment-Related expensesFor purposes of this section— (1)Qualifying individualThe term qualifying individual means an individual who—
 (A)has attained age 50, and (B)is one of the following:
 (i)An individual who bears a relationship to the taxpayer described in subparagraph (C) or (D) of section 152(d)(2) (relating to fathers, mothers, and ancestors).
 (ii)An individual would be a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1) and (b)(2)) as a qualifying relative described in section 152(d)(1) if—
 (I)in lieu of subparagraphs (B) and (C) thereof the following applied with respect to the individual: (aa)the taxpayer has provided over one-half of the individual’s support for the calendar year in which such taxable year begins and each of the preceding 4 taxable years, and
 (bb)the individual’s modified adjusted gross income for the calendar year in which such taxable year begins is less than the exemption amount (as defined in section 151(d)),
 (II)the individual is physically or mentally incapable of caring for himself or herself, and (III)who has the same principal place of abode as the taxpayer for more than one-half of such taxable year.
 (iii)The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself.
 (2)Modified adjusted gross incomeThe term modified adjusted gross income means adjusted gross income determined without regard to section 86. (3)Employment-related expenses (A)In generalThe term employment-related expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer:
 (i)expenses for household services, and (ii)expenses for the care of a qualifying individual, including expenses for respite care and hospice care.
 (B)ExceptionEmployment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer’s household shall be taken into account only if incurred for the care of—
 (i)a qualifying individual described in paragraph (1)(A), or (ii)a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer’s household.
 (C)Dependent care centersEmployment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer’s household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if—
 (i)such center complies with all applicable laws and regulations of a State or unit of local government, and
 (ii)the requirements of subparagraph (B) are met. (D)Dependent care center definedFor purposes of this paragraph, the term dependent care center means any facility which—
 (i)provides care for more than six individuals (other than individuals who reside at the facility), and
 (ii)receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit).
 (c)Dollar limit on amount creditableThe amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed—
 (1)$3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or (2)$6,000 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year.
							The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the
			 aggregate amount excludable from gross income under section 129 for the
 taxable year.(d)Earned income limitationExcept as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed—
 (1)in the case of an individual who is not married at the close of such year, such individual’s earned income for such year, or
 (2)in the case of an individual who is married at the close of such year, the lesser of such individual’s earned income or the earned income of his spouse for such year.
 (e)Special rulesFor purposes of this section— (1)Place of abodeAn individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law.
 (2)Married couples must file joint returnIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year.
 (3)Marital statusAn individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married.
 (4)Certain married individuals living apartIf— (A)an individual who is married and who files a separate return—
 (i)maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and
 (ii)furnishes over half of the cost of maintaining such household during the taxable year, and (B)during the last 6 months of such taxable year such individual’s spouse is not a member of such household, such individual shall not be considered as married.
 (5)Payments to related individualsNo credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual—
 (A)with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or
 (B)who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year.
 For purposes of this paragraph, the term taxable year means the taxable year of the taxpayer in which the service is performed.(6)Identifying information required with respect to service providerNo credit shall be allowed under subsection (a) for any amount paid to any person unless— (A)the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or
 (B)if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit.
								In the case of a failure to provide the information required under the preceding sentence, the
			 preceding sentence shall not apply if it is shown that the taxpayer
			 exercised due diligence in attempting to provide the information so
 required.(7)Identifying information required with respect to qualifying individualsNo credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit.
 (f)RegulationsThe Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section..
 (b)Clerical amendmentThe table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

						Sec. 25E. Expenses for household and elder care services necessary for gainful employment..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


		III
		112th CONGRESS
		1st Session
		S. RES. 69
		IN THE SENATE OF THE UNITED STATES

			February 17, 2011
			Mr. Baucus, from the
			 Committee on Finance,
			 reported the following original resolution; which was referred to the
			 Committee on Rules and
			 Administration

		RESOLUTION
		Authorizing expenditures by the Committee
		  on Finance.

		That, in carrying out its powers,
			 duties, and functions under the Standing Rules of the Senate, in accordance
			 with its jurisdiction under rule XXV of such rules, including holding hearings,
			 reporting such hearings, and making investigations as authorized by paragraphs
			 1 and 8 of rule XXVI of the Standing Rules of the Senate, the Committee on
			 Finance is authorized from March 1, 2011, through September 30, 2011; October
			 1, 2011, through September 30, 2012; and October 1, 2012, through February 28,
			 2013, in its discretion (1) to make expenditures from the contingent fund of
			 the Senate, (2) to employ personnel, and (3) with the prior consent of the
			 Government department or agency concerned and the Committee on Rules and
			 Administration, to use on a reimbursable or non-reimbursable basis the services
			 of personnel of any such department or agency.
		2.(a)The expenses of the
			 committee for the period March 1, 2011, through September 30, 2011, under this
			 resolution shall not exceed $5,333,808, of which amount (1) not to exceed
			 $17,500 may be expended for the procurement of the services of individual
			 consultants, or organizations thereof (as authorized by section 202(i) of the
			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed
			 $5,833 may be expended for the training of the professional staff of such
			 committee (under procedures specified by section 202(j) of the Legislative
			 Reorganization Act of 1946).
			(b)For the period
			 October 1, 2011, through September 30, 2012, expenses of the committee under
			 this resolution shall not exceed $9,143,671, of which amount (1) not to exceed
			 $30,000 may be expended for the procurement of the services of individual
			 consultants, or organizations thereof (as authorized by section 202(i) of the
			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed
			 $10,000 may be expended for the training of the professional staff of such
			 committee (under procedures specified by section 202(j) of the Legislative
			 Reorganization Act of 1946).
			(c)For the period
			 October 1, 2012, through February 28, 2013, expenses of the committee under
			 this resolution shall not exceed $3,809,862 of which amount (1) not to exceed
			 $12,500 may be expended for the procurement of the services of individual
			 consultants, or organizations thereof (as authorized by section 202(i) of the
			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed
			 $4,166 may be expended for the training of the professional staff of such
			 committee (under procedures specified by section 202(j) of the Legislative
			 Reorganization Act of 1946).
			3.The committee
			 shall report its findings, together with such recommendations for legislation
			 as it deems advisable, to the Senate at the earliest practicable date, but not
			 later than February 28, 2011.
		4.Expenses of the
			 committee under this resolution shall be paid from the contingent fund of the
			 Senate upon vouchers approved by the chairman of the committee, except that
			 vouchers shall not be required (1) for the disbursement of salaries of
			 employees paid at an annual rate, or (2) for the payment of telecommunications
			 provided by the Office of the Sergeant at Arms and Doorkeeper, United States
			 Senate, or (3) for the payment of stationery supplies purchased through the
			 Keeper of the Stationery, United States Senate, or (4) for payments to the
			 Postmaster, United States Senate, or (5) for the payment of metered charges on
			 copying equipment provided by the Office of the Sergeant at Arms and
			 Doorkeeper, United States Senate, or (6) for the payment of Senate Recording
			 and Photographic Services, or (7) for payment of franked and mass mail costs by
			 the Sergeant at Arms and Doorkeeper, United States Senate.
		5.There are
			 authorized such sums as may be necessary for agency contributions related to
			 the compensation of employees of the committee from March 1, 2011, through
			 September 30, 2011; October 1, 2011, through September 30, 2012; and October 1,
			 2012, through February 28, 2013, to be paid from the Appropriations account for
			 Expenses of Inquiries and Investigations.


		III
		111th CONGRESS
		1st Session
		S. RES. 251
		IN THE SENATE OF THE UNITED
		  STATES

			August 7, 2009
			Mrs. Gillibrand (for
			 herself, Mr. Cardin,
			 Ms. Collins, Mr. Kerry, Mrs.
			 Boxer, Mrs. Feinstein,
			 Mrs. Shaheen, Mr. Lugar, Ms.
			 Landrieu, Mr. Lautenberg, and
			 Mr. Begich) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Expressing the sense of the Senate that the
		  Government of Afghanistan, with the support of the international community,
		  should fulfill its obligations to ensure that women fully participate as
		  candidates and voters in the August 20, 2009, presidential and provincial
		  council elections in Afghanistan.

		Whereas
			 women in Afghanistan play a critical role in establishing accountable
			 governance, fostering economic development, and securing peace in
			 Afghanistan;
		Whereas
			 many women in Afghanistan face rising insecurity and consequent physical and
			 verbal violence in seeking political office and exercising their constitutional
			 right to vote;
		Whereas
			 the Afghan Independent Electoral Commission has made efforts to consult with
			 domestic and international organizations advocating for full inclusion of all
			 people in Afghanistan in the elections, and has called on the donor community
			 to assist its efforts to open and staff all appropriate polling places
			 throughout Afghanistan; and
		Whereas
			 women's rights activists and civil society representatives from throughout
			 Afghanistan gathered on June 25, 2009, and decided to launch the Five Million
			 Afghan Women Campaign, a campaign of 5,000,000 women of Afghanistan to support
			 eligible women’s political participation in order to ensure the rule of law and
			 gender equality: Now, therefore, be it

		That the Senate—
			(1)congratulates the brave women and women-led
			 organizations of Afghanistan on the launch of the Five Million Afghan Women
			 Campaign;
			(2)urges the Government of Afghanistan to
			 ensure that sufficient staffing is in place in women’s polling stations,
			 including security staff and equipment and appropriate polling place
			 personnel;
			(3)urges the Government of Afghanistan and the
			 religious, community, and cultural leaders of Afghanistan to make every effort
			 to encourage eligible women to participate in the August 20, 2009,
			 elections;
			(4)urges the Government of Afghanistan to
			 fully include women in formal committees and bodies charged with election
			 security and related processes;
			(5)urges the Government of Afghanistan and the
			 Independent Electoral Commission to continue to consult with the Afghan
			 Ministry of Women’s Affairs, the Afghan Independent Human Rights Commission,
			 and women-led nongovernmental organizations regarding women’s participation in
			 the elections, in order to guarantee a free and fair election process,
			 including providing equal access for women candidates to media outlets as well
			 as ensuring adequate security and transportation for women voters on election
			 day;
			(6)encourages the Secretary of State,
			 including through the United States Agency for International Development, to
			 continue to mobilize funding and resources of the United States for programs
			 throughout Afghanistan to raise the awareness of women in Afghanistan regarding
			 governance, increase women's political participation in the August 20, 2009,
			 and future elections, and support such women's ability to exercise their rights
			 as citizens; and
			(7)urges the new Government of Afghanistan
			 elected on August 20, 2009, to employ and engage women in meaningful roles and
			 positions in such new government.


117 S2970 IS: Judicial Reorganization Act of 2021
U.S. Senate
2021-10-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2970IN THE SENATE OF THE UNITED STATESOctober 7, 2021Mr. Crapo (for himself, Mr. Risch, Mr. Sullivan, Ms. Murkowski, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two judicial circuits, and for other purposes.1.Short titleThis Act may be cited as the Judicial Reorganization Act of 2021.2.DefinitionsIn this Act—(1)the term former Ninth Circuit means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act;(2)the term new Ninth Circuit means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and(3)the term Twelfth Circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B).3.Number and composition of circuitsSection 41 of title 28, United States Code, is amended—(1)in the matter preceding the table, by striking thirteen and inserting fourteen; and(2)in the table—(A)by striking the item relating to the Ninth Circuit and inserting the following:NinthCalifornia, Guam, Hawaii.;and(B)by inserting after the item relating to the Eleventh Circuit the following:TwelfthAlaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington..4.Judgeships(a)New judgeships(1)For former Ninth CircuitThe President shall appoint, by and with the advice and consent of the Senate—(A)4 additional circuit court judges for the former Ninth Circuit, whose official duty station shall be in California, Guam, or Hawaii; and(B)1 additional circuit court judge for the former Ninth Circuit, whose official duty station shall be in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington.(b)Effective dateThis section shall take effect on the date of the enactment of this Act.5.Number of circuit judgesThe table contained in section 44(a) of title 28, United States Code, is amended—(1)by striking the item relating to the Ninth Circuit and inserting the following:Ninth21;and(2)by inserting after the item relating to the Eleventh Circuit the following:Twelfth13.6.Places of circuit courtThe table contained in section 48(a) of title 28, United States Code, is amended—(1)by striking the item relating to the Ninth Circuit and inserting the following:NinthHonolulu, San Francisco, Pasadena.;and(2)by inserting after the item relating to the Eleventh Circuit the following:TwelfthPhoenix, Seattle, Portland..7.Assignment of circuit judges(a)In generalEach circuit judge of the former Ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act—(1)is in California, Guam, or Hawaii shall be a circuit judge of the new Ninth Circuit as of such effective date; and(2)is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the Twelfth Circuit as of such effective date.8.Election of assignment by senior judgesEach judge who is a senior circuit judge of the former Ninth Circuit on the day before the effective date of this Act may elect to be assigned to the new Ninth Circuit or to the Twelfth Circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election.9.Seniority of judgesThe seniority of each judge—(1)who is assigned under section 7; or(2)who elects to be assigned under section 8,shall run from the date of commission of such judge as a judge of the former Ninth Circuit.10.Application to casesThe following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former Ninth Circuit:(1)If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted.(2)If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court.(3)A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted.11.AdministrationThe United States Court of Appeals for the Ninth Circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes upon the expiration of the 2-year period beginning on the effective date of this Act.12.Effective dateExcept as provided in section 4(b), this Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.13.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities.


		I
		112th CONGRESS
		1st Session
		H. R. 1787
		IN THE HOUSE OF REPRESENTATIVES

			May 5, 2011
			Ms. Norton introduced
			 the following bill; which was referred to the
			 Committee on House
			 Administration

		A BILL
		To revise the composition of the Board of Regents of the
		  Smithsonian Institution so that all members are individuals appointed by the
		  President from a list of nominees submitted by the leadership of the Congress,
		  and for other purposes.

		1.Short TitleThis Act may be cited as the
			 Smithsonian Modernization Act of
			 2011.
		2.Appointment of
			 Members of Smithsonian Board of Regents
			(a)Number of
			 Members; Appointment of All Members From List of Nominees
				(1)In
			 generalSection 5580(a) of the Revised Statutes of the United
			 States (20 U.S.C. 42(a)) is amended by striking to be composed
			 of and all that follows and inserting the following: to be
			 composed of 21 members appointed by the President from among the list of
			 nominees submitted under subsection (b), of whom 2 shall be residents of the
			 District of Columbia..
				(2)List of
			 NomineesSection 5580 of the
			 Revised Statutes of the United States (20 U.S.C. 42(a)) is amended—
					(A)by redesignating
			 subsection (b) as subsection (c); and
					(B)by inserting after
			 subsection (a) the following new subsection:

							(b)The Speaker of the
				House of Representatives and the Majority Leader of the Senate shall each
				submit to the President a list of 12 nominees for appointment as members of the
				Board of Regents.
							.
					(3)Revision of
			 quorumSection 5582 of the Revised Statutes of the United States
			 (20 U.S.C. 44) is amended by striking eight shall constitute a
			 quorum and inserting 17 shall constitute a
			 quorum.
				(4)No effect on
			 current citizen RegentsNothing in the amendments made by this
			 subsection may be construed to affect the authority of any individual who
			 serves as a Regent of the Smithsonian Institution as of the date of the
			 enactment of this Act pursuant to a joint resolution of the Congress to
			 continue to serve as a Regent after that date.
				(b)Uniform Term of
			 ServiceSection 5581 of the Revised Statutes of the United States
			 (20 U.S.C. 43) is amended to read as follows:

					5581.(a)Except as provided in subsections (b) and
				(c), each Regent of the Smithsonian Institution shall be appointed for a term
				of 6 years, and may be reappointed for additional terms.
						(b)Of the Regents who
				are appointed after the date of the enactment of the Smithsonian Modernization
				Act of 2011 who were not serving as Regents prior to that date—
							(1)4 shall be
				appointed for a term of 2 years (as designated in the joint resolution under
				which they are appointed) and may be reappointed for additional terms of 6
				years; and
							(2)4 shall be appointed for a term of 4 years
				(as designated in the joint resolution under which they are appointed) and may
				be reappointed for additional terms of 6 years.
							(c)Any Regent appointed to fill a vacancy
				occurring before the expiration of the term for which the Regent’s predecessor
				was appointed shall be appointed only for the remainder of that term. A Regent
				may serve after the expiration of that Regent’s term until a successor has
				taken
				office.
						.


114 HR 6219 IH: Unsecured Server Act of 2016
U.S. House of Representatives
2016-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6219IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2016Mrs. Roby introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Intelligence Reform and Terrorism Prevention Act of 2004 to ensure that individuals
			 who are found to have stored classified information on unsecured servers
			 are disqualified from receiving security clearances, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Unsecured Server Act of 2016. 2.Denial of the granting or renewing of security clearances (a)Disqualification (1)In generalParagraph (1) of subsection (c) of section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(c)) is amended—
 (A)in subparagraph (B), by striking ; or and inserting a semicolon; (B)in subparagraph (C), by striking the period at the end and inserting ; or; and
 (C)by adding at the end the following new subparagraph:  (D)as determined by the head of the Federal agency, knowingly stored classified information on, or transmitted classified information to or from, an unsecured server..
 (2)Covered security clearancesSuch subsection is further amended— (A)by redesignating paragraph (4) as paragraph (5);
 (B)in paragraph (3), by striking This subsection and inserting Except as provided by paragraph (4), this subsection; and (C)by inserting after paragraph (3) the following new paragraph:

 (4)Additional covered security clearancesWith respect to a disqualification in this subsection by reason of paragraph (1)(D), this subsection applies to any security clearance..
 (3)Modification to waiver authoritySuch subsection is further amended— (A)in paragraph (2), by inserting paragraph (5) and after only in accordance with; and
 (B)in paragraph (5), as redesignated by paragraph (2)(A)— (i)by striking the paragraph heading and inserting Notice and wait;
 (ii)by striking subparagraph (A) and inserting the following new subparagraph (A):  (A)NotificationA waiver may not be made under paragraph (2) until a 30-day period elapses following the date on which the head of the Federal agency proposing the waiver submits to the appropriate committees of Congress notification of the proposed waiver. Such notification shall not reveal the identity of the person covered by the waiver, but shall include the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor.; and
 (iii)in subparagraph (B)(i), by striking a report submitted and inserting a notification made. (4)Unsecured server definedSubsection (a) of such section is amended by adding at the end the following new paragraph:

 (5)Unsecured serverThe term unsecured server means a computer server that is not authorized by a head of an element of the intelligence community (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to store or transmit classified information..
 (5)ApplicationThe amendment made by paragraph (1)(C) shall apply with respect to an individual who, on or after the date that is 10 years before the date of the enactment of this Act, meets the condition described in paragraph (1)(D) of section 3002(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(c)), as added by such amendment.
 (b)Grounds for revocationA determination made by the head of a Federal agency that an individual knowingly stored classified information on, or transmitted classified information to or from, an unsecured server (as defined in section 3002(a)(5) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(a)(5)), as added by subsection (a)) shall be grounds for revoking the security clearance for the individual.
 3.Unsecure storage or transmission of classified informationSection 798 of title 18, United States Code, is amended by adding at the end the following:  (e)Whoever knowingly stores classified information on, or transmits classified information to or from, an unsecured server (as that term is defined in section 3002(a)(5) of the Intelligence Reform and Terrorism Prevention Act of 2004), or causes the same to be so stored or transmitted, shall be fined under this title, imprisoned not more than 10 years, or both..