IIB
112th CONGRESS 2d Session
H. R. 5948
IN THE SENATE OF THE UNITED STATES

September 20, 2012
Received; read twice and referred to the Committee on Veterans' Affairs

AN ACT
To amend title 38, United States Code, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs, to establish a Place of Remembrance at Arlington National Cemetery, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Veterans Fiduciary Reform and Honoring Noble Service Act.
(b)Table of ContentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Improvement of fiduciaries for veterans.
Sec. 3. Establishment of Place of Remembrance at Arlington National Cemetery.
Sec. 4. Furnishing caskets and urns for deceased veterans with no known next of kin.
Sec. 5. Improved communication between Department of Veterans Affairs and medical examiners and funeral directors.
Sec. 6. Report on compliance of Department of Veterans Affairs with industry standards for caskets and urns.
Sec. 7. Exclusion of persons convicted of committing certain sex offenses from interment or memorialization in national cemeteries, Arlington National Cemetery, and certain State veterans’ cemeteries and from receiving certain funeral honors.
Sec. 8. Veterans freedom of conscience protection.
Sec. 9. Provision of access to case-tracking information.
Sec. 10. Notification by the Secretary of Veterans Affairs of individuals whose sensitive personal information is involved in a data breach.
Sec. 11. Limitation on bonuses for Department of Veterans Affairs employees who violate Federal civil laws or regulations.
Sec. 12. Limitation on awards and bonuses to employees of the Department of Veterans Affairs.
2.Improvement of fiduciaries for veterans
(a)Appointment and supervision
(1)Section 5502 of title 38, United States Code, is amended to read as follows:

5502.Appointment of fiduciaries
(a)Appointment
(1)Where it appears to the Secretary that the interest of the beneficiary would be served thereby, payment of benefits under any law administered by the Secretary may be made directly to the beneficiary or to a relative or some other fiduciary for the use and benefit of the beneficiary, regardless of any legal disability on the part of the beneficiary.
(2)When in the opinion of the Secretary, a temporary fiduciary is needed in order to protect the benefits provided to the beneficiary under any law administered by the Secretary while a determination of incompetency is being made or appealed or a fiduciary is appealing a determination of misuse, the Secretary may appoint one or more temporary fiduciaries for a period not to exceed 120 days. If a final decision has not been made within 120 days, the Secretary may not continue the appointment of the fiduciary without obtaining a court order for appointment of a guardian, conservator, or other fiduciary under the authority provided in section 5502(b) of this title.
(b)Appeals
(1)If the Secretary determines a beneficiary to be mentally incompetent for purposes of appointing a fiduciary under this chapter, the Secretary shall provide such beneficiary with a written statement detailing the reasons for such determination.
(2)A beneficiary whom the Secretary has determined to be mentally incompetent for purposes of appointing a fiduciary under this chapter may appeal such determination.
(c)Modification
(1)A beneficiary for whom the Secretary appoints a fiduciary under this chapter may, at any time, request the Secretary to—
(A)remove the fiduciary so appointed; and
(B)have a new fiduciary appointed.
(2)The Secretary shall comply with a request under paragraph (1) unless the Secretary determines that the request is not made in good faith.
(3)The Secretary shall ensure that any removal or new appointment of a fiduciary under paragraph (1) does not delay or interrupt the beneficiary’s receipt of benefits administered by the Secretary.
(d)IndependenceA fiduciary appointed by the Secretary shall operate independently of the Department to determine the actions that are in the interest of the beneficiary.
(e)PredesignationA veteran may predesignate a fiduciary by—
(1)submitting written notice to the Secretary of the predesignated fiduciary; or
(2)submitting a form provided by the Secretary for such purpose.
(f)Appointment of non-predesignated fiduciaryIf a beneficiary designates an individual to serve as a fiduciary under subsection (e) and the Secretary appoints an individual not so designated as the fiduciary for such beneficiary, the Secretary shall notify such beneficiary of—
(1)the reason why such designated individual was not appointed; and
(2)the ability of the beneficiary to modify the appointed fiduciary under subsection (c).
(g)Priority of appointmentIn appointing a fiduciary under this chapter, if a beneficiary does not designate a fiduciary pursuant to subsection (e), to the extent possible the Secretary shall appoint a person who is—
(1)a relative of the beneficiary;
(2)appointed as guardian of the beneficiary by a court of competent jurisdiction; or
(3)authorized to act on behalf of the beneficiary under a durable power of attorney..
(2)Clerical amendmentThe table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by striking the item relating to section 5502 and inserting the following:

5502. Appointment of fiduciaries..
(b)Supervision
(1)In generalChapter 55 of title 38, United States Code, is amended by inserting after section 5502, as amended by subsection (a)(1), the following new section:

5502A.Supervision of fiduciaries
(a)Commission
(1)
(A)In a case in which the Secretary determines that a commission is necessary in order to obtain the services of a fiduciary in the best interests of a beneficiary, the Secretary may authorize a fiduciary appointed by the Secretary to obtain from the monthly benefits provided to the beneficiary a reasonable commission for fiduciary services rendered, but the commission for any month may not exceed the lesser of the following amounts:
(i)The amount that equals three percent of the monthly monetary benefits under laws administered by the Secretary paid on behalf of the beneficiary to the fiduciary.
(ii)$35.
(B)A commission paid under this paragraph may not be derived from any award to a beneficiary regarding back pay or retroactive benefits payments.
(C)A commission may not be authorized for a fiduciary who receives any other form of remuneration or payment in connection with rendering fiduciary services for benefits under this title on behalf of the beneficiary.
(D)In accordance with section 6106 of this title, a commission may not be paid to a fiduciary if the Secretary determines that the fiduciary misused any benefit payments of a beneficiary.
(E)If the Secretary determines that the fiduciary has misused any benefit or payments of a beneficiary, the Secretary may revoke the fiduciary status of the fiduciary.
(2)Where, in the opinion of the Secretary, any fiduciary receiving funds on behalf of a Department beneficiary is acting in such a number of cases as to make it impracticable to conserve properly the estates or to supervise the persons of the beneficiaries, the Secretary may refuse to make future payments in such cases as the Secretary may deem proper.
(b)CourtWhenever it appears that any fiduciary, in the opinion of the Secretary, is not properly executing or has not properly executed the duties of the trust of such fiduciary or has collected or paid, or is attempting to collect or pay, fees, commissions, or allowances that are inequitable or in excess of those allowed by law for the duties performed or expenses incurred, or has failed to make such payments as may be necessary for the benefit of the ward or the dependents of the ward, then the Secretary may appear, by the Secretary's authorized attorney, in the court which has appointed such fiduciary, or in any court having original, concurrent, or appellate jurisdiction over said cause, and make proper presentation of such matters. The Secretary, in the Secretary's discretion, may suspend payments to any such fiduciary who shall neglect or refuse, after reasonable notice, to render an account to the Secretary from time to time showing the application of such payments for the benefit of such incompetent or minor beneficiary, or who shall neglect or refuse to administer the estate according to law. The Secretary may require the fiduciary, as part of such account, to disclose any additional financial information concerning the beneficiary (except for information that is not available to the fiduciary). The Secretary may appear or intervene by the Secretary's duly authorized attorney in any court as an interested party in any litigation instituted by the Secretary or otherwise, directly affecting money paid to such fiduciary under this section.
(c)Payment of certain expensesAuthority is hereby granted for the payment of any court or other expenses incident to any investigation or court proceeding for the appointment of any fiduciary or other person for the purpose of payment of benefits payable under laws administered by the Secretary or the removal of such fiduciary and appointment of another, and of expenses in connection with the administration of such benefits by such fiduciaries, or in connection with any other court proceeding hereby authorized, when such payment is authorized by the Secretary.
(d)Temporary payment of benefitsAll or any part of any benefits the payment of which is suspended or withheld under this section may, in the discretion of the Secretary, be paid temporarily to the person having custody and control of the incompetent or minor beneficiary, to be used solely for the benefit of such beneficiary, or, in the case of an incompetent veteran, may be apportioned to the dependent or dependents, if any, of such veteran. Any part not so paid and any funds of a mentally incompetent or insane veteran not paid to the chief officer of the institution in which such veteran is a patient nor apportioned to the veteran's dependent or dependents may be ordered held in the Treasury to the credit of such beneficiary. All funds so held shall be disbursed under the order and in the discretion of the Secretary for the benefit of such beneficiary or the beneficiary's dependents. Any balance remaining in such fund to the credit of any beneficiary may be paid to the beneficiary if the beneficiary recovers and is found competent, or if a minor, attains majority, or otherwise to the beneficiary's fiduciary, or, in the event of the beneficiary's death, to the beneficiary's personal representative, except as otherwise provided by law; however, payment will not be made to the beneficiary's personal representative if, under the law of the beneficiary's last legal residence, the beneficiary's estate would escheat to the State. In the event of the death of a mentally incompetent or insane veteran, all gratuitous benefits under laws administered by the Secretary deposited before or after August 7, 1959, in the personal funds of patients trust fund on account of such veteran shall not be paid to the personal representative of such veteran, but shall be paid to the following persons living at the time of settlement, and in the order named: The surviving spouse, the children (without regard to age or marital status) in equal parts, and the dependent parents of such veteran, in equal parts. If any balance remains, such balance shall be deposited to the credit of the applicable current appropriation; except that there may be paid only so much of such balance as may be necessary to reimburse a person (other than a political subdivision of the United States) who bore the expenses of last sickness or burial of the veteran for such expenses. No payment shall be made under the two preceding sentences of this subsection unless claim therefor is filed with the Secretary within five years after the death of the veteran, except that, if any person so entitled under said two sentences is under legal disability at the time of death of the veteran, such five-year period of limitation shall run from the termination or removal of the legal disability.
(e)EscheatmentAny funds in the hands of a fiduciary appointed by a State court or the Secretary derived from benefits payable under laws administered by the Secretary, which under the law of the State wherein the beneficiary had last legal residence would escheat to the State, shall escheat to the United States and shall be returned by such fiduciary, or by the personal representative of the deceased beneficiary, less legal expenses of any administration necessary to determine that an escheat is in order, to the Department, and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation..
(2)Clerical amendmentThe table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by inserting after the item relating to section 5502 the following new item:

5502A. Supervision of fiduciaries..
(c)Definition of fiduciarySection 5506 of title 38, United States Code is amended—
(1)by striking For purposes and inserting (a) For purposes; and
(2)by adding at the end the following new subsection:

(b)
(1)For purposes of subsection (a), the term person includes any—
(A)State or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities;
(B)any State or local government agency with fiduciary responsibilities; or
(C)any nonprofit social service agency that the Secretary determines—
(i)regularly provides services as a fiduciary concurrently to five or more individuals; and
(ii)is not a creditor of any such individual.
(2)The Secretary shall maintain a list of State or local agencies and nonprofit social service agencies under paragraph (1) that are qualified to act as a fiduciary under this chapter. In maintaining such list, the Secretary may consult the lists maintained under section 807(h) of the Social Security Act (42 U.S.C. 1007(h))..
(d)QualificationsSection 5507 of title 38, United States Code, is amended to read as follows:

5507.Inquiry, investigations, and qualification of fiduciaries
(a) InvestigationAny certification of a person for payment of benefits of a beneficiary to that person as such beneficiary's fiduciary under section 5502 of this title shall be made on the basis of—
(1)an inquiry or investigation by the Secretary of the fitness of that person to serve as fiduciary for that beneficiary to be conducted in advance of such certification and in accordance with subsection (b);
(2)adequate evidence that certification of that person as fiduciary for that beneficiary is in the interest of such beneficiary (as determined by the Secretary under regulations);
(3)adequate evidence that the person to serve as fiduciary protects the private information of a beneficiary in accordance with subsection (d)(1); and
(4)the furnishing of any bond that may be required by the Secretary, in accordance with subsection (f).
(b)Elements of investigation
(1)In conducting an inquiry or investigation of a proposed fiduciary under subsection (a)(1), the Secretary shall conduct—
(A)a face-to-face interview with the proposed fiduciary by not later than 30 days after the date on which such inquiry or investigation begins; and
(B)a background check of the proposed fiduciary to—
(i)in accordance with paragraph (2), determine whether the proposed fiduciary has been convicted of a crime; and
(ii)determine whether the proposed fiduciary will serve the best interest of the beneficiary, including by conducting a credit check of the proposed fiduciary and checking the records under paragraph (5).
(2)The Secretary shall request information concerning whether that person has been convicted of any offense under Federal or State law. If that person has been convicted of such an offense, the Secretary may certify the person as a fiduciary only if the Secretary finds that the person is an appropriate person to act as fiduciary for the beneficiary concerned under the circumstances.
(3)The Secretary shall conduct the background check described in paragraph (1)(B)—
(A)each time a person is proposed to be a fiduciary, regardless of whether the person is serving or has served as a fiduciary; and
(B)at no expense to the beneficiary.
(4)Each proposed fiduciary shall disclose to the Secretary the number of beneficiaries that the fiduciary acts on behalf of.
(5)The Secretary shall maintain records of any person who has—
(A)previously served as a fiduciary; and
(B)had such fiduciary status revoked by the Secretary.
(6)
(A)If a fiduciary appointed by the Secretary is convicted of a crime described in subparagraph (B), the Secretary shall notify the beneficiary of such conviction by not later than 14 days after the date on which the Secretary learns of such conviction.
(B)A crime described in this subparagraph is a crime—
(i)for which the fiduciary is convicted while serving as a fiduciary for any person;
(ii)that is not included in a report submitted by the fiduciary under section 5509(a) of this title; and
(iii)that the Secretary determines could affect the ability of the fiduciary to act on behalf of the beneficiary.
(c)Investigation of certain persons
(1)In the case of a proposed fiduciary described in paragraph (2), the Secretary, in conducting an inquiry or investigation under subsection (a)(1), may carry out such inquiry or investigation on an expedited basis that may include giving priority to conducting such inquiry or investigation. Any such inquiry or investigation carried out on such an expedited basis shall be carried out under regulations prescribed for purposes of this section.
(2)Paragraph (1) applies with respect to a proposed fiduciary who is—
(A)the parent (natural, adopted, or stepparent) of a beneficiary who is a minor;
(B)the spouse or parent of an incompetent beneficiary;
(C)a person who has been appointed a fiduciary of the beneficiary by a court of competent jurisdiction;
(D)being appointed to manage an estate where the annual amount of veterans benefits to be managed by the proposed fiduciary does not exceed $3,600, as adjusted pursuant to section 5312 of this title; or
(E)a person who is authorized to act on behalf of the beneficiary under a durable power of attorney.
(d)Protection of private information
(1)A fiduciary shall take all reasonable precautions to—
(A)protect the private information of a beneficiary, including personally identifiable information; and
(B)securely conducts financial transactions.
(2)A fiduciary shall notify the Secretary of any action of the fiduciary that compromises or potentially compromises the private information of a beneficiary.
(e)Potential misuse of funds
(1)If the Secretary has reason to believe that a fiduciary may be misusing all or part of the benefit of a beneficiary, the Secretary shall—
(A)conduct a thorough investigation to determine the veracity of such belief; and
(B)if such veracity is established, transmit to the officials described in paragraph (2) a report of such investigation.
(2)The officials described in this paragraph are the following:
(A)The Attorney General.
(B)Each head of a Federal department or agency that pays to a fiduciary or other person benefits under any law administered by such department of agency for the use and benefit of a minor, incompetent, or other beneficiary.
(f)BondIn requiring the furnishing of a bond under subsection (a)(4), the Secretary shall—
(1)ensure that any such bond is not paid using any funds of the beneficiary; and
(2)consider—
(A)the care a proposed fiduciary has taken to protect the interests of the beneficiary; and
(B)the capacity of the proposed fiduciary to meet the financial requirements of the bond without sustaining hardship.
(g)List of fiduciariesEach regional office of the Veterans Benefits Administration shall maintain a list of the following:
(1)The name and contact information of each fiduciary, including address, telephone number, and email address.
(2)With respect to each fiduciary described in paragraph (1)—
(A)the date of the most recent background check and credit check performed by the Secretary under this section;
(B)the date that any bond was paid under this section;
(C)the name, address, and telephone number of each beneficiary the fiduciary acts on behalf of; and
(D)the amount that the fiduciary controls with respect to each beneficiary described in subparagraph (C)..
(e)Annual receipt of payments
(1)In generalSection 5509 of title 38, United States Code, is amended—
(A)in subsection (a)——
(i)by striking may require a fiduciary to file a and inserting , subject to regulations prescribed pursuant to subsection (f), shall require a fiduciary to file an annual; and
(ii)by adding at the end the following new sentence: The Secretary shall transmit such annual report or accounting to the beneficiary and any legal guardian of such beneficiary.;
(B)by adding at the end the following new subsections:

(c)Matters includedAn annual report or accounting under subsection (a) shall include the following:
(1)For each beneficiary that a fiduciary acts on behalf of—
(A)the amount of the benefits of the beneficiary accrued during the year, the amount spent, and the amount remaining; and
(B)if the fiduciary serves the beneficiary with respect to benefits not administered by the Secretary, an accounting of all sources of benefits or other income the fiduciary oversees for the beneficiary.
(2)A list of events that occurred during the year covered by the report that could affect the ability of the fiduciary to act on behalf of the beneficiary, including—
(A)the fiduciary being convicted of any crime;
(B)the fiduciary declaring bankruptcy; and
(C)any judgments entered against the fiduciary.
(d)Random auditsThe Secretary shall annually conduct random audits of fiduciaries who receive a commission pursuant to subsection 5502A(a)(1) of this title.
(e)Status of fiduciaryIf a fiduciary includes in the annual report events described in subsection (c)(2), the Secretary may take appropriate action to adjust the status of the fiduciary as the Secretary determines appropriate, including by revoking the fiduciary status of the fiduciary.
(f)Regulations
(1)In prescribing regulations to carry out this section, the Secretary, in consultation with the Under Secretary for Benefits and the Under Secretary for Health, shall ensure that the care provided by a fiduciary described in paragraph (2) to a beneficiary is not diminished or otherwise worsened by the fiduciary complying with this section.
(2)A fiduciary described in this paragraph is a fiduciary who, in addition to acting as a fiduciary for a beneficiary, provides care to the beneficiary pursuant to this title (including such care provided under section 1720G of this title).; and
(C)by striking the section heading and inserting the following: Annual reports and accountings of fiduciaries.
(2)Clerical amendmentThe table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by striking the item relating to section 5509 and inserting the following new item:

5509. Annual reports and accountings of fiduciaries..
(f)Repayment of misused benefitsSection 6107(a)(2)(C) of title 38, United States Code, is amended by inserting before the period the following: , including by the Secretary not acting in accordance with section 5507 of this title.
(g)Annual reportsSection 5510 of title 38, United States Code, is amended by striking The Secretary shall include in the Annual Benefits Report of the Veterans Benefits Administration or the Secretary's Annual Performance and Accountability Report  and inserting Not later than July 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a separate report containing.
(h)ReportNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ of the House of Representatives a comprehensive report on the implementation of the amendments made by this Act, including—
(1)detailed information on the establishment of new policies and procedures pursuant to such amendments and training provided on such policies and procedures; and
(2)a discussion of whether the Secretary should provide fiduciaries with standardized financial software to simplify reporting requirements.
3.Establishment of Place of Remembrance at Arlington National Cemetery
(a)Establishment authorized
(1)In generalChapter 446 of title 10, United States Code, is amended by adding at the end the following new section:

4727.Place of Remembrance at Arlington National Cemetery
(a)Establishment authorizedUnder regulations prescribed by the Secretary of Defense, the Secretary of the Army may establish at an appropriate location in Arlington National Cemetery a Place of Remembrance for the interment of cremated specimens or other portion of the remains of a deceased member of the armed forces described in subsection (b) when one of the conditions specified in subsection (c) applies with respect to the remains of the member.
(b)Covered membersThis section applies only with respect to members of the armed forces who die while on active duty—
(1)in a war or contingency operation; or
(2)in the line of duty, consistent with regulations prescribed by the Secretary of the Army with respect to burial at Arlington National Cemetery.
(c)Conditions on interment of remainsThe conditions under which cremated specimens or other portion of the remains of a deceased member of the armed forces described in subsection (b) (including cremated specimens or other portion of remains believed by the Secretary concerned to be from the remains of the deceased member) are authorized to be interred in the Place of Remembrance are any of the following:
(1)The remains are unidentified.
(2)The person designated under section 1482(c) of this title to direct disposition of the remains of the member agrees to interment of the remains in the Place of Remembrance.
(3)The person designated under section 1482(c) of this title to direct disposition of the remains of the member has indicated to the Secretary concerned that no further notification is required if a specimen or portion of the remains of the member is discovered.
(4)When, especially in historical cases, the Secretary concerned determines that there is no one authorized to direct the disposition of the remains of the member and the Secretary concerned recommends interment of the remains in the Place of Remembrance. .
(2)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:

4727. Place of Remembrance at Arlington National Cemetery..
(b)Retroactive applicationSection 4727 of title 10, United States Code, as added by subsection (a), applies with respect to any war or contingency operation in which members of the Armed Forces participated and covers members of the Armed Forces who died in the line of duty before the date of the enactment of this Act, consistent with regulations prescribed by the Secretary of the Army with respect to burial at Arlington National Cemetery.
4.Furnishing caskets and urns for deceased veterans with no known next of kin
(a)In generalSection 2306 of title 38, United States Code, is amended—
(1)by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;
(2)by inserting after subsection (e) the following new subsection (f):

(f)The Secretary shall furnish a casket or urn, of such quality as the Secretary considers appropriate for a dignified burial, for burial in a national cemetery of a deceased veteran described in section 2414(b) of this title.; and
(3)in subsection (h), as redesignated by paragraph (1), by adding at the end the following new paragraph:

(4)A casket or urn may not be furnished under subsection (f) for burial of a person described in section 2411(b) of this title..
(b)Effective dateSubsections (f) and (h)(4) of section 2306 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to deaths occurring on or after such date.
5.Improved communication between Department of Veterans Affairs and medical examiners and funeral directors
(a)In generalChapter 24 of title 38, United States Code, is amended by adding at the end the following new section:

2414.Communication between Department of Veterans Affairs and medical examiners and funeral directors
(a)Required informationWith respect to each deceased veteran described in subsection (b) who is transported to a national cemetery for burial, the Secretary shall ensure that the local medical examiner, funeral director, county service group, or other entity responsible for the body of the deceased veteran before such transportation submits to the Secretary the following information:
(1)Whether the deceased veteran was cremated.
(2)The steps taken to ensure that the deceased veteran has no next of kin.
(b)Deceased veteran describedA deceased veteran described in this subsection is a deceased veteran whom the Secretary determines—
(1)that there is no next of kin or other person claiming the body of the deceased veteran; and
(2)does not have sufficient resources to cover burial and funeral expenses.
(c)Determination of sufficient resourcesIf the Secretary is unable to make a reasonable determination of the amount of the resources of a deceased veteran under subsection (b)(2), the Secretary shall deem such resources to be an amount that is not sufficient to cover burial and funeral expenses..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2413 the following new item:

2414. Communication between Department of Veterans Affairs and medical examiners and funeral directors..
(c)Effective dateSection 2414 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to deaths occurring on or after the date that is 180 days after the date of the enactment of this Act.
6.Report on compliance of Department of Veterans Affairs with industry standards for caskets and urns
(a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the compliance of the Department of Veterans Affairs with industry standards for caskets and urns.
(b)ElementsThe report required by subsection (a) shall include the following:
(1)A description of industry standards for caskets and urns.
(2)An assessment of compliance with such standards at National Cemeteries administered by the Department with respect to caskets and urns used for the interment of those eligible for burial at such cemeteries.
7.Exclusion of persons convicted of committing certain sex offenses from interment or memorialization in national cemeteries, Arlington National Cemetery, and certain State veterans’ cemeteries and from receiving certain funeral honors
(a)Prohibition AgainstSection 2411(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:

(4)A person—
(A)who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.);
(B)who, for such crime, is sentenced to a minimum of life imprisonment; and
(C)whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be)..
(b)Conforming amendmentsSection 2411(a)(2) of such title is amended—
(1)by striking or (b)(2) each place it appears and inserting , (b)(2), or (b)(4); and
(2)by striking capital each place it appears.
(c)Effective DateThe amendments made by this section shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act.
8.Veterans freedom of conscience protectionSection 2404 of title 38, United States Code, is amended by adding at the end the following new subsection:

(h)
(1)With respect to the interment or funeral, memorial service, or ceremony of a deceased individual at a national cemetery, the Secretary shall ensure that—
(A)the expressed wishes of the next of kin or other agent of the deceased individual are respected and given appropriate deference when evaluating whether the proposed interment or funeral, memorial service, or ceremony affects the safety and security of the national cemetery and visitors to the cemetery;
(B)to the extent possible, all appropriate public areas of the cemetery, including committal shelters, chapels, and benches, may be used by the family of the deceased individual for contemplation, prayer, mourning, or reflection; and
(C)during such interment or funeral, memorial service, or ceremony, the family of the deceased individual may display any religious or other symbols chosen by the family.
(2)Subject to regulations prescribed by the Secretary under paragraph (5), including such regulations ensuring the security of a national cemetery, the Secretary shall provide to any military or volunteer veterans honor guard, including such guards belonging to a veterans service organization or other non-governmental group that provides services to veterans, access to public areas of a national cemetery if such access is requested by the next of kin or other agent of a deceased individual whose interment or funeral, memorial service, or ceremony is being held in such cemetery.
(3)With respect to the interment or funeral, memorial service, or ceremony of a deceased individual at a national cemetery, the Secretary shall notify the next of kin or other agent of the deceased individual of funeral honors available to the deceased veteran, including such honors provided by any military or volunteer veterans honor guard described in paragraph (2).
(4)Any person aggrieved by a violation of this subsection or any regulation prescribed pursuant to this subsection may in a civil action in an appropriate Federal court obtain any appropriate relief against the Federal Government with respect to the violation. Standing to assert a claim or defense under this subsection shall be governed by the general rules of standing under Article III of the Constitution.
(5)The Secretary shall prescribe regulations to carry out this subsection..
9.Provision of access to case-tracking information
(a)In generalChapter 59 of title 38, United States Code, is amended by adding at the end the following:

5906.Provision of access to case-tracking information
(a)In general
(1)In accordance with subsection (b), the Secretary shall provide a covered employee with access to the case-tracking system to provide a veteran with information regarding the status of a claim submitted by such veteran, regardless of whether such employee is acting under a power of attorney executed by such veteran.
(2)In providing a covered employee with access to the case-tracking system under paragraph (1), the Secretary shall ensure—
(A)that such access—
(i)is provided in a manner that does not allow such employee to modify the data contained in such system; and
(ii)does not include access to medical records; and
(B)that each time a covered employee accesses such system, the employee must certify that such access is for official purposes only.
(b)Privacy certification courseThe Secretary may not provide a covered employee with access to the case-tracking system under subsection (a)(1) unless the covered employee has successfully completed a certification course on privacy issues provided by the Secretary.
(c)Treatment of disclosureThe access to information by a covered employee pursuant to subsection (a)(1) shall be deemed to be—
(1)a covered disclosure under section 552a(b) of title 5; and
(2)a permitted disclosure under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
(d)DefinitionsIn this section:
(1)The term case-tracking system means the system of the Department of Veterans Affairs that provides information regarding the status of a claim submitted by a veteran.
(2)The term covered employee means—
(A)an employee of a Member of Congress who assists the constituents of the Member with issues regarding departments or agencies of the Federal Government; or
(B)an employee of a State or local governmental agency (including a veterans service officer) who, in the course of carrying out the responsibilities of such employment, assists veterans with claims for any benefit under the laws administered by the Secretary..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:

5906. Provision of access to case-tracking information..
10.Notification by the Secretary of Veterans Affairs of individuals whose sensitive personal information is involved in a data breach
(a)In generalSubchapter III of chapter 57 of title 38, United States Code is amended by inserting after section 5724 the following new section:

5724A.Data breach notification
(a)Notification requirementExcept as provided in subsection (d), in the event of a data breach with respect to sensitive personal information that is processed or maintained by the Secretary, by not later than 10 business days after the date on which the Secretary learns of the data breach, the Secretary shall notify the appropriate committees of Congress and each individual whose sensitive personal information is involved in the data breach is notified of the data breach. If the Secretary determines that providing such notification within 10 business days is not feasible due to circumstances necessary to accurately identify the individuals whose sensitive personal information is involved in the data breach or to prevent further breach or unauthorized disclosure and reasonably restore the integrity of the data system the Secretary shall provide such notification not later than 15 business days after the date on which the Secretary learns of the data breach.
(b)Contracts for data processing or maintenanceIf the Secretary enters into a contract for the performance of any Department function that requires access to sensitive personal information, the Secretary shall require as a condition of the contract that the contractor agree to provide notification of data breaches in the same manner as required of the Secretary under subsection (a).
(c)Method and content of notification
(1)Notification provided to an individual under subsection (a) shall be provided clearly and conspicuously by one of the following methods:
(A)Written notification.
(B)Notification by email or other electronic means, if the Secretary’s primary method of communication with the individual is by email or such other electronic means.
(2)Regardless of the method by which notification is provided to an individual under paragraph (1), such notification shall include—
(A)a description of the sensitive personal information involved in the data breach;
(B)a telephone number that the individual may use, at no cost to the individual, to contact an appropriate employee of the Department to inquire about the data breach or the individual’s sensitive personal information maintained by the Department;
(C)notice that the individual is entitled to receive, at no cost to such individual, credit protection services under section 5724 of this title;
(D)the toll-free contact telephone numbers and addresses for the major credit reporting agencies; and
(E)a toll-free telephone number and website address whereby the individual may obtain information regarding identity theft.
(d)Notification of general publicThe Secretary, acting through the Office of Public Affairs of the Department, shall notify the general public concerning any data breach involving sensitive personal information by not later than 10 business days after the date on which the Secretary learns of the data breach, unless the Secretary determines that to do so is not feasible due to circumstances necessary to accurately identify the individuals whose sensitive personal information is involved in the data breach or to prevent further breach or unauthorized disclosure and reasonably restore the integrity of the data system, such notification shall be made as soon as possible.
(e)Appropriate committees of CongressIn this section, the term appropriate committees of Congress means the Committee on Veterans Affairs’ of the House of Representatives and the Committee on Veterans’ Affairs of the Senate..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5724 the following new item:

5724A. Data breach notification..
(c)Effective dateThe amendments made by this section shall apply with respect to a data breach occurring on or after the date that is 90 days after the date of the enactment of this Act.
11.Limitation on bonuses for Department of Veterans Affairs employees who violate Federal civil laws or regulations
(a)In generalChapter 7 of title 38, United States Code, is amended by adding at the end the following new section:

713.Limitation on bonuses
(a)In general
(1)The Secretary shall ensure that no employee of the Department who, during any year, knowingly violates any law, regulation, or policy described in paragraph (2) receives a bonus for or during that year.
(2)A law, regulation, or policy described in this paragraph is any of the following:
(A)A Federal civil law or Federal regulation, including such civil laws or regulations covered under the Federal Acquisition Regulation and the Veterans Affairs Acquisition Regulation.
(B)An internal policy of the Department.
(b)CertificationThe Secretary shall annually certify to Congress that each bonus awarded by the Secretary during the previous year was awarded in accordance with subsection (a)(1).
(c)Bonus definedFor purposes of this section, the term bonus includes—
(1)a retention incentive;
(2)a retention incentive payment;
(3)a retention incentive award; and
(4)any other incentive requiring approval from the Central Office Human Resource Service, the Chief Business Office Workforce Management, or the Corporate Senior Executive Management Office..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:

713. Limitation on bonuses..
12.Limitation on awards and bonuses to employees of the Department of Veterans AffairsFor each of fiscal years 2013 through 2017, the Secretary of Veterans Affairs may not pay more than $357,613,229 in awards or bonuses under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title.
 Passed the House of Representatives September 19, 2012.Karen L. Haas,Clerk.


		I
		111th CONGRESS
		1st Session
		H. R. 1733
		IN THE HOUSE OF REPRESENTATIVES

			March 26, 2009
			Mr. Lee of New York
			 (for himself, Mr. Higgins, and
			 Mr. McHugh) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow a
		  refundable credit against income tax for the cost of passports and other
		  enhanced identification documents required to comply with the June 1, 2009,
		  implementation of the Western Hemisphere Travel Initiative.

		1.Short titleThis Act may be cited as the
			 Passport Fee Relief Act of
			 2009.
		2.Refundable credit
			 for cost of passports and other documentation required to comply with western
			 hemisphere travel initiative
			(a)In
			 generalSubpart C of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 refundable credits) is amended by inserting after section 36A the following new
			 section:

					36B.Travel
				documents required to comply with western hemisphere travel
				initiativeIn the case of an
				individual, there shall be allowed as a credit against the tax imposed by this
				subtitle for the taxable year an amount equal to the cost paid or incurred by
				the taxpayer to obtain any travel document—
						(1)which complies
				with the plan developed under section 7209(b)(1) of the Intelligence Reform and
				Terrorism Prevention Act of 2004, and
						(2)which is for the identification of the
				taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer with respect
				to whom the taxpayer is allowed a deduction under section
				151.
						.
			(b)Conforming
			 amendments
				(1)Section 1324(b)(2)
			 of title 31, United States Code, is amended by inserting 36B,
			 after 36A,.
				(2)The table of
			 sections for subpart C of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 36A the following new
			 item:

						Sec. 36B. Travel documents required
				to comply with Western Hemisphere Travel Initiative..

				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.


110 HR 2317 PCS: Lobbying Transparency Act of 2007
U.S. House of Representatives
2007-06-04
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.

II
Calendar No. 183
110th CONGRESS 1st Session
H. R. 2317
IN THE SENATE OF THE UNITED STATES

May 25, 2007
Received and read the first time

June 4, 2007
Read the second time and placed on the calendar

AN ACT
To amend the Lobbying Disclosure Act of 1995 to require registered lobbyists to file quarterly reports on contributions bundled for certain recipients, and for other purposes.

1.Short TitleThis Act may be cited as the Lobbying Transparency Act of 2007.
2.Quarterly Reports by Registered Lobbyists on Contributions Bundled For Certain Recipients
(a)In GeneralSection 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended by adding at the end the following new subsection:

(d)Quarterly Reports on Contributions Bundled For Certain Recipients
(1)In generalNot later than 45 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year, each registered lobbyist who bundles 2 or more contributions made to a covered recipient in an aggregate amount exceeding $5,000 for such covered recipient during such quarterly period shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing—
(A)the name of the registered lobbyist;
(B)in the case of an employee, his or her employer; and
(C)the name of the covered recipient to whom the contribution is made, and to the extent known the aggregate amount of such contributions (or a good faith estimate thereof) within the quarter for the covered recipient.
(2)Exclusion of certain informationIn filing a report under paragraph (1), a registered lobbyist shall exclude from the report any information described in paragraph (1)(C) which is included in any other report filed by the registered lobbyist with the Secretary of the Senate and the Clerk of the House of Representatives under this Act.
(3)Requiring submission of information prior to filing reportsNot later than 25 days after the end of a period for which a registered lobbyist is required to file a report under paragraph (1) which includes any information described in such section with respect to a covered recipient, the registered lobbyist shall transmit by certified mail to the covered recipient involved a statement containing—
(A)the information that will be included in the report with respect to the covered recipient;
(B)the source of each contribution included in the aggregate amount referred to in paragraph (1)(C) which the registered lobbyist bundled for the covered recipient during the period covered by the report and the amount of the contribution attributable to each such source; and
(C)a notification that the covered recipient has the right to respond to the statement to challenge and correct any information included before the registered lobbyist files the report under paragraph (1).
(4)Definition of registered lobbyistFor purposes of this subsection, the term registered lobbyist means a person who is registered or is required to register under paragraph (1) or (2) of section 4(a), or an individual who is required to be listed under section 4(b)(6) or subsection (b).
(5)Definition of bundled contributionFor purposes of this subsection, a registered lobbyist bundles a contribution if—
(A)the contribution is received by a registered lobbyist for, and forwarded by a registered lobbyist to, the covered recipient to whom the contribution is made; or
(B)the contribution will be or has been credited or attributed to the registered lobbyist through records, designations, recognitions or other means of tracking by the covered recipient to whom the contribution is made.
(6)Other definitionsIn this subsection—
(A)the term contribution has the meaning given such term in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), except that such term does not include a contribution in an amount which is less than $200;
(B)the terms candidate, political committee, and political party committee have the meaning given such terms in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.);
(C)the term covered recipient means a Federal candidate, an individual holding Federal office, a leadership PAC, a multicandidate political committee described in section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)), or a political party committee; and
(D)the term leadership PAC means, with respect to an individual holding Federal office, an unauthorized political committee which is associated with such individual, except that such term shall not apply in the case of a political committee of a political party. .
(b)Effective DateThe amendment made by subsection (a) shall apply with respect to the second quarterly period described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 (as added by subsection (a)) which begins after the date of the enactment of this Act and each succeeding quarterly period.
   Passed the House of Representatives May 24, 2007. Lorraine C. Miller, Clerk.

June 4, 2007
Read the second time and placed on the calendar


		II
		111th CONGRESS
		1st Session
		S. 1536
		IN THE SENATE OF THE UNITED STATES

			July 29, 2009
			Mr. Schumer (for
			 himself, Mr. Menendez,
			 Mrs. Hagan, and Ms. Landrieu) introduced the following bill; which
			 was read twice and referred to the Committee on Environment and Public
			 Works

		A BILL
		To amend title 23, United States Code, to reduce the
		  amount of Federal highway funding available to States that do not enact a law
		  prohibiting an individual from writing, sending, or reading text messages while
		  operating a motor vehicle.

		1.Short
			 titleThis Act may be cited as
			 the Avoiding Life-Endangering and
			 Reckless Texting by Drivers Act of 2009 or the
			 ALERT Drivers Act.
		2.FindingsCongress finds that—
			(1)cell phones and
			 other electronic devices are not only instrumentalities and channels of
			 interstate commerce, but products of interstate commerce;
			(2)for those
			 reasons, regulation of the use of cellular telephones or other electronic
			 devices to send text messages is covered by the power of Congress to regulate
			 interstate commerce as enumerated in article I, section 8 of the
			 Constitution;
			(3)additionally, the
			 Supreme Court held in South Dakota v. Dole, 483 U.S. 203 (June 23, 1987), that
			 Congress may condition Federal highway funding on State compliance with certain
			 conditions;
			(4)people in the
			 United States are using cellular telephones and other personal electronic
			 devices to send text messages or emails, more commonly known as
			 texting, with increasing frequency;
			(5)according to the
			 New York Times, more than 110,000,000,000 text messages were sent in the United
			 States during the month of December 2008 alone, a tenfold increase in just 3
			 years;
			(6)texting and
			 portable email are valuable to consumers, businesses, and private individuals
			 throughout the United States, but those services also create an extreme risk
			 when used by individuals while operating motor vehicles;
			(7)a 2008 study by
			 Nationwide Insurance found that 20 percent of drivers in the United States send
			 text messages while operating motor vehicles;
			(8)according to a
			 study by Car and Driver Magazine, texting while driving is more dangerous than
			 driving while intoxicated;
			(9)a recent study by
			 the Virginia Tech Transportation Institute found operators of motor vehicles
			 who sent text messages while driving had a collision risk that was 23 times
			 greater while texting as compared to the risk when the operators were not
			 texting;
			(10)another study by
			 the University of Utah found that college students using a driving simulator
			 were 8 times more likely to have an accident while texting;
			(11)after a serious
			 accident occurred on the Boston public trolley system in May 2009, the trolley
			 operator was found to have been texting at the time of the accident;
			(12)the problem of
			 texting while driving has been recognized across the United States;
			(13)as of the date
			 of enactment of this Act, 14 States and the District of Columbia ban all
			 drivers from texting while operating motor vehicles, and 11 other States have a
			 modified ban on texting while driving;
			(14)the risks
			 created by texting while driving are increasing nationwide as the use of
			 texting increases nationwide;
			(15)it is necessary
			 for Congress to act to protect the safety of all people in the United States on
			 highways and roads in the United States; and
			(16)a Federal law to
			 address the problem of texting while driving is necessary to ensure minimum
			 standards of protection across the United States, in the same manner as the
			 national minimum drinking age provides a uniform standard of protection.
			3.Operation of
			 motor vehicles while texting
			(a)In
			 generalChapter 1 of title 23, United States Code, is amended by
			 adding at the end the following:

					167.Operation of
				motor vehicles while texting
						(a)DefinitionsIn
				this section:
							(1)Hand-held
				mobile telephone
								(A)In
				generalThe term hand-held mobile telephone means a
				mobile telephone or other portable electronic communication device with which a
				user engages in a call or writes, sends, or reads a text message using at least
				1 hand.
								(B)ExclusionThe
				term hand-held mobile telephone does not include a voice-activated
				device.
								(2)Motor
				vehicleThe term motor vehicle means—
								(A)a vehicle driven
				or drawn by mechanical power and manufactured primarily for use on public
				highways; and
								(B)a railcar or
				other component of a fixed guideway system that is not subject to regulation by
				the Federal Railroad Administration.
								(3)Text
				messageThe term text message includes a text-based
				message, instant message, electronic message, and email.
							(4)Writing;
				sending; readingThe terms writing,
				sending, and reading, with respect to a text message,
				mean the manual entry, sending, or retrieval of a text message, respectively,
				to communicate with any person or device.
							(b)Withholding of
				apportionments for noncompliance
							(1)In
				generalOn October 1 of the second fiscal year beginning after
				the date of promulgation of the regulations under subsection (d), and annually
				thereafter, the Secretary shall withhold 25 percent of the amount required to
				be apportioned to any State under each of paragraphs (1), (3), and (4) of
				section 104(b) for the fiscal year if the Secretary determines that the State
				does not meet the requirement under paragraph (2) as of that date.
							(2)RequirementA
				State shall meet the requirement under this paragraph if the State has enacted
				and is enforcing a law that—
								(A)except in the
				event of an emergency, prohibits an operator of a moving motor vehicle from
				writing, sending, or reading a text message using a hand-held mobile telephone;
				and
								(B)requires, upon
				conviction of a violation of that prohibition, the imposition of penalties in
				accordance with the requirements for minimum penalties described in the
				regulations promulgated under subsection (d).
								(c)Recovery of
				funds withheldAll funds withheld under this section from
				apportionment to a State for 1 or more fiscal years shall be available for
				apportionment to the State immediately upon a determination by the Secretary
				that the State meets the requirement under paragraph (2).
						(d)RegulationsNot
				later than 180 days after the date of enactment of this section, the Secretary
				shall promulgate regulations to carry out this section, including requirements
				for minimum penalties for violations of the prohibition under subsection
				(b)(2)(A) that—
							(1)specify a minimum
				penalty for a first offense; and
							(2)stipulate that
				penalties shall be graduated for repeated
				offenses.
							.
			(b)Conforming
			 amendmentThe analysis for title 23, United States Code, is
			 amended by adding at the end of the items relating to chapter 1 the
			 following:

						167. Operation of motor vehicles while
				texting.

					.


116 HR 3768 IH: Unlocking Capital for Small Businesses Act of 2019
U.S. House of Representatives
2019-07-16
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.

I116th CONGRESS1st SessionH. R. 3768IN THE HOUSE OF REPRESENTATIVESJuly 16, 2019Mr. Budd introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Securities Exchange Act of 1934 to create a safe harbor for finders and private
			 placement brokers, and for other purposes.

 1.Short titleThis Act may be cited as the Unlocking Capital for Small Businesses Act of 2019. 2.Safe harbors for private placement brokers and finders (a)In generalSection 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following:

					(p)Private placement broker safe harbor
 (1)Registration requirementsNot later than 180 days after the date of the enactment of this subsection the Commission shall promulgate regulations with respect to private placement brokers that are no more stringent than those imposed on funding portals.
 (2)National securities associationsNot later than 180 days after the date of the enactment of this subsection the Commission shall promulgate regulations that require the rules of any national securities association to allow a private placement broker to become a member of such national securities association subject to reduced membership requirements consistent with this subsection.
 (3)Disclosures requiredBefore effecting a transaction, a private placement broker shall disclose clearly and conspicuously, in writing, to all parties to the transaction as a result of the broker’s activities—
 (A)that the broker is acting as a private placement broker; (B)the amount of any payment or anticipated payment for services rendered as a private placement broker in connection with such transaction;
 (C)the person to whom any such payment is made; (D)any beneficial interest in the issuer, direct or indirect, of the private placement broker, of a member of the immediate family of the private placement broker, of an associated person of the private placement broker, or of a member of the immediate family of such associated person.
 (4)Private placement broker definedIn this subsection, the term private placement broker means a person that— (A)receives transaction-based compensation—
 (i)for effecting a transaction by— (I)introducing an issuer of securities and a buyer of such securities in connection with the sale of a business effected as the sale of securities; or
 (II)introducing an issuer of securities and a buyer of such securities in connection with the placement of securities in transactions that are exempt from registration requirements under the Securities Act of 1933; and
 (ii)that is not with respect to— (I)a class of publicly traded securities;
 (II)the securities of an investment company (as defined in section 3 of the Investment Company Act of 1940); or
 (III)a variable or equity-indexed annuity or other variable or equity-indexed life insurance product; (B)with respect to a transaction for which such transaction-based compensation is received—
 (i)does not handle or take possession of the funds or securities; and (ii)does not engage in an activity that requires registration as an investment adviser under State or Federal law; and
 (C)is not a finder as defined under subsection (q). (q)Finder safe harbor (1)NonregistrationA finder is exempt from the registration requirements of this Act.
 (2)National securities associationsA finder shall not be required to become a member of any national securities association. (3)Finder definedIn this subsection, the term finder means a person described in paragraphs (A) and (B) of subsection (p)(4) that—
 (A)receives transaction-based compensation of equal to or less than $500,000 in any calendar year; (B)receives transaction-based compensation in connection with transactions that result in a single issuer selling securities valued at equal to or less than $15 million in any calendar year;
 (C)receives transaction-based compensation in connection with transactions that result in any combination of issuers selling securities valued at equal to or less than $30 million in any calendar year; or
 (D)receives transaction-based compensation in connection with fewer than 16 transactions that are not part of the same offering or are otherwise unrelated in any calendar year..
 (b)Validity of contracts with registered private placement brokers and findersSection 29 of the Securities Exchange Act (15 U.S.C. 78cc) is amended by adding at the end the following:

 (d)Subsection (b) shall not apply to a contract made for a transaction if— (1)the transaction is one in which the issuer engaged the services of a broker or dealer that is not registered under this Act with respect to such transaction;
 (2)such issuer received a self-certification from such broker or dealer certifying that such broker or dealer is a registered private placement broker under section 15(p) or a finder under section 15(q); and
 (3)the issuer either did not know that such self-certification was false or did not have a reasonable basis to believe that such self-certification was false..
			(c)Removal of private placement brokers from definitions of broker
 (1)Records and reports on monetary instruments transactionsSection 5312 of title 31, United States Code, is amended in subsection (a)(2)(G) by inserting with the exception of a private placement broker as defined in section 15(p)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(p)(4)) before the semicolon at the end.
 (2)Securities Exchange Act of 1934Section 3(a)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)) is amended by adding at the end the following:

 (G)Private placement brokersA private placement broker as defined in section 15(p)(4) is not a broker for the purposes of this Act..
 3.Limitations on State lawSection 15(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(i)) is amended— (1)by redesignating paragraph (3) as paragraph (4); and
 (2)by inserting after paragraph (2) the following:  (3)Private placement brokers and finders (A)In generalNo State or political subdivision thereof may enforce any law, rule, regulation, or other administrative action that imposes greater registration, audit, financial recordkeeping, or reporting requirements on a private placement broker or finder than those that are required under subsections (p) and (q), respectively.
 (B)Definition of StateFor purposes of this paragraph, the term State includes the District of Columbia and each territory of the United States..


		I
		112th CONGRESS
		1st Session
		H. R. 951
		IN THE HOUSE OF REPRESENTATIVES

			March 8, 2011
			Mr. McCaul (for
			 himself, Mr. McKinley,
			 Mr. Chaffetz,
			 Mr. Neugebauer,
			 Mr. Duncan of South Carolina,
			 Mr. Broun of Georgia,
			 Mr. Barletta,
			 Mr. Doggett, and
			 Mr. Flake) introduced the following
			 bill; which was referred to the Committee
			 on Oversight and Government Reform

		A BILL
		To prohibit the use of Federal funds for a project or
		  program named for an individual then serving as a Member, Delegate, Resident
		  Commissioner, or Senator of the United States Congress.

		1.Prohibition on certain
			 Federal fundsNo Federal funds
			 may be used for a project or program named for an individual then serving as a
			 Member, Delegate, Resident Commissioner, or Senator of the United States
			 Congress.


IV
111th CONGRESS
2d Session
H. RES. 1462
In the House of Representatives, U. S.,

July 1, 2010

RESOLUTION
Expressing support for the people of Guatemala, Honduras, and El Salvador as they persevere through the aftermath of Tropical Storm Agatha which swept across Central America causing deadly floods and mudslides.

Whereas, on May 29, 2010, Guatemala, Honduras, and El Salvador experienced devastating floods and mudslides brought on by Tropical Storm Agatha;
Whereas Tropical Storm Agatha has left 174 dead and 62,827 families were directly affected in Guatemala;
Whereas Tropical Storm Agatha has left 22dead and 7,998 in shelters in Honduras;
Whereas Tropical Storm Agatha has left 11 dead and 12,000 in shelters in El Salvador;
Whereas over 2,000 Guatemalans were displaced with little forewarning following the eruption of the Pacaya volcano;
Whereas the combination of Tropical Storm Agatha and the eruption of the Pacaya volcano have devastated Guatemala’s landscape leaving behind sinkholes and mudslides across the country;
Whereas, due to recent droughts, erratic rainfall, high food prices, and a sharp drop in remittances, Guatemala has suffered severe food insecurity that will increase in the wake of Tropical Storm Agatha;
Whereas Guatemalan officials are estimating that damages will surpass $475,000,000;
Whereas the loss in the agriculture sector could be close to $18,500,000 in Honduras;
Whereas 380 schools have been affected in El Salvador;
Whereas critical infrastructure relating to water and sanitation has been destroyed;
Whereas the United States has provided relief for the victims of Tropical Storm Agatha by deploying United States Southern Command support helicopters and frigates for assistance with the transport of food, water, and emergency supplies;
Whereas countries and organizations around the world have contributed millions of dollars in medicines and aid, and humanitarian aid agencies in the United States and around the world are mobilizing to provide much needed assistance to the relief and recovery efforts; and
Whereas Guatemala, Honduras, and El Salvador have begun the process of recovering from these natural disasters: Now, therefore, be it

That the House of Representatives—
(1)mourns the loss of life and expresses solidarity with all people affected by Tropical Storm Agatha;
(2)commends the brave efforts of the people of Guatemala, Honduras, and El Salvador as they recover from Tropical Storm Agatha;
(3)recognizes the assistance of the international community during the recovery effort in providing relief to the people of Guatemala, Honduras, and El Salvador; and
(4)urges the Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID), to continue to develop a strategic plan to promote food security and recovery efforts with the goal of mitigating the current and future effects of the recent natural disasters that have devastated Guatemala, Honduras, and El Salvador.

Lorraine C. Miller,Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 3457
		IN THE HOUSE OF REPRESENTATIVES

			November 17, 2011
			Mr. Israel (for
			 himself, Mr. Grijalva,
			 Mr. Ryan of Ohio,
			 Mr. Bishop of New York, and
			 Ms. DeGette) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To require ingredient labeling of certain consumer
		  cleaning products, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Cleaning Product Right to Know Act of
			 2011.
		2.Cleaning products
			 labeling requirement
			(a)Labeling
			 requirementBeginning 1 year
			 after the date of enactment of this Act, a cleaning product manufactured for
			 sale, offered for sale, distributed in commerce, or imported to the United
			 States after such date shall bear a label on the product’s container or
			 packaging with a complete and accurate list of all the product’s ingredients,
			 including the individual ingredients in dyes, fragrances, and preservatives.
			 Ingredients shall be listed in accordance with the following:
				(1)Each ingredient
			 shall be listed by the name assigned to it by the International Nomenclature of
			 Cosmetic Ingredients. If there is no such name, by the name assigned to it by
			 the International Union of Pure and Applied Chemistry. If there is no such
			 name, the ingredient may be listed by its common chemical name.
				(2)Ingredients shall be listed in descending
			 order of predominance in the product by weight, other than ingredients that
			 constitute less than 1 percent of the product, which may be listed at the end
			 in any order.
				(b)Exemptions
				(1)Exemption for
			 undetectable ingredientsThe Commission may exempt from the
			 labeling requirement an ingredient that is present in a cleaning product at
			 such low levels that detection of the ingredient in the product is not
			 technologically feasible.
				(2)Exemption for
			 ingredients constituting trade secrets
					(A)In
			 generalAn ingredient may be exempt from the labeling
			 requirements of this section if the manufacturer demonstrates to the Commission
			 that such ingredient is a trade secret, as determined by the Commission under
			 subparagraph (D), based on a claim submitted by the manufacturer under
			 subparagraph (B). An exemption for an ingredient under this paragraph shall be
			 for a period of 5 years, after which the manufacturer may again submit a claim
			 for an additional 5-year exemption.
					(B)Claims of trade
			 secrecyA manufacturer making a claim that an ingredient is a
			 trade secret shall file such claim with the Commission. Such claim shall
			 contain—
						(i)the identity of the person making the
			 claim;
						(ii)a
			 brief description of the information for which trade secret protection is being
			 claimed;
						(iii)the period of
			 time for which trade secret protection is claimed and a justification for the
			 period selected;
						(iv)the
			 extent to which the information is known by employees or others involved with
			 the facility or business, and whether or not those individuals with knowledge
			 are bound by non-disclosure agreements;
						(v)the
			 extent to which the information is known outside of the facility or business of
			 the person, and whether or not individuals with such knowledge are bound by
			 non-disclosure agreements;
						(vi)the
			 measures taken to restrict access to and safeguard the information, and whether
			 or not the person plans to continue utilizing such measures;
						(vii)copies of, or
			 references to, any pertinent confidentiality determinations previously made by
			 any public agencies;
						(viii)the estimated
			 dollar value of the claimed information to the person’s facility or business,
			 and to that person’s competitors;
						(ix)the
			 amount of effort or money expended by the person’s facility or business in
			 developing the information;
						(x)the
			 ease or difficulty with which the information could be properly acquired,
			 duplicated or reverse-engineered by others;
						(xi)a
			 description of the nature and extent of substantial harm that would be caused
			 if the information were made public, including an explanation of the causal
			 relationship between disclosure and the harmful effects claimed;
						(xii)the signature of
			 the person’s general counsel or other executive with knowledge of the
			 preparation of the substantiating information certifying under penalty of
			 perjury, based upon the knowledge and belief of the signatory, that—
							(I)the substantiating
			 information is true, accurate, and complete;
							(II)the information
			 for which trade secret protection is claimed is not otherwise publicly
			 available; and
							(III)there is a
			 reasonable basis to assert trade secret protection for the information so
			 claimed; and
							(xiii)the name,
			 mailing address, telephone number and email address of the individual to be
			 contacted if any additional information is needed by the Commission to make a
			 determination.
						(C)LimitationNo
			 ingredient may be claimed as a trade secret if such ingredient—
						(i)is
			 publicly know to be in the product;
						(ii)can
			 be discovered through a standard process of reverse engineering;
						(iii)is
			 a hazardous substance within the meaning of section 2(f) of the Federal
			 Hazardous Substances Act (15 U.S.C. 1261(f)); or
						(iv)is a substance—
							(I)meeting the
			 criteria for category 1 or category 2 for any of the toxicity endpoints
			 established by the Globally Harmonized System for the Classification and
			 Labeling of Hazardous Substances that causes an adverse effect that has been
			 demonstrated in humans or other exposed organisms; or
							(II)for which the
			 weight of evidence (such as demonstration of an adverse effect, laboratory
			 studies, or data for a chemical from the same chemical class that exhibits that
			 adverse effect) demonstrates the potential for an adverse effect in humans or
			 other exposed organisms, including actual or potential effects of exposure to
			 the chemical substance or mixture on mortality, morbidity, including
			 carcinogenesis, reproduction, growth and development, the immune system, the
			 endocrine system, the brain or nervous system, other organ systems, or any
			 other biological functions in humans or nonhuman organisms.
							(D)CPSC
			 determinationAs promptly as practicable after receiving the
			 information submitted by a manufacturer, the Commission shall make a
			 determination on the basis of such information as to whether the ingredient is
			 a legitimate trade secret and shall notify the manufacturer of its
			 determination.
					(c)Treatment under
			 the FHSAA cleaning product that is not in conformity with the
			 labeling requirements of subsection (a) and not exempt from such requirements
			 pursuant to subsection (b) shall be treated as a substance defined in section
			 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) for purposes
			 of such Act.
			(d)No effect on
			 existing labeling requirementsNothing in this Act shall be interpreted as
			 having any effect on any labeling requirements in effect before the date of
			 enactment of this Act as described in section 2(p) of the Federal Hazardous
			 Substances Act (15 U.S.C. 1261(p)).
			(e)Rulemaking
			 AuthorityThe Commission may issue such regulations it determines
			 necessary to provide for the effective enforcement of this Act, and shall
			 consult with the Administrator of the Environmental Protection Agency as
			 necessary.
			3.Public right to
			 know petition
			(a)PetitionAny person may submit a petition to the
			 Commission alleging that a cleaning product available in interstate commerce
			 does not satisfy the labeling requirements of this Act.
			(b)Action by the
			 CommissionThe Commission shall notify a petitioner of the
			 receipt of a petition within 30 days after receipt of such petition. The
			 Commission shall investigate the claims made by the petition and make a
			 determination as to the validity of such claims within 180 days after
			 acknowledging the receipt of such petition. If the Commission sustains the
			 claim or claims made by the petition, the Commission shall initiate the proper
			 enforcement actions required by law.
			(c)RegulationsThe
			 Commission may issue such regulations as it determines necessary to require
			 that petitions include a reasonable evidentiary basis for the claims made
			 therein.
			4.Required internet
			 disclosure
			(a)Manufacturer
			 DisclosureEach manufacturer
			 of a cleaning product shall make available in a clear and conspicuous location
			 on the website of such manufacturer, if the manufacturer maintains a website, a
			 complete list of each of the manufacturer’s cleaning products’ ingredients not
			 later than 6 months after the date of enactment of this Act.
			(b)Content and
			 requirements of disclosureThe disclosure required by subsection (a)
			 shall—
				(1)name and list the
			 product’s ingredients in the manner prescribed in section 3;
				(2)be reviewed every
			 120 days and revised as necessary to reflect changes to cleaning
			 products;
				(3)include the
			 appropriate Chemical Abstract Services number for each ingredient;
				(4)identify any
			 potential adverse health effect of each ingredient in the cleaning product and
			 use the appropriate signal word or hazard descriptor as prescribed in section
			 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)); and
				(5)be sortable by
			 product, ingredient, adverse health effect, and other categories as determined
			 by the Commission.
				(c)Commission
			 DisclosurePromptly after the
			 date set forth in subsection (a), the Commission shall provide on the website
			 of the Commission a web page that aggregates the information made available by
			 manufacturers under such subsection and that allows users to compare products
			 made by different manufacturers. Such web page shall be reviewed every 6 months
			 and revised as necessary to reflect changes to cleaning products.
			(d)Language
			 accessibilityThe disclosures required to be made on a website or
			 web page subject to this section shall be available in English, Spanish, and
			 any other language the Commission determines necessary to ensure that users of
			 a cleaning product in the United States are informed as to the complete list of
			 the product’s ingredients and potential adverse health effects.
			5.Enhanced
			 penaltiesSection 5(c)(1) of
			 the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended by
			 striking $15,000,000 and inserting
			 $30,000,000.
		6.ReportingNot later than 2 years after the date of
			 enactment of this Act and every 2 years thereafter, the Commission shall
			 prepare a report on compliance with the labeling requirement of this Act and
			 the enforcement activities of the Commission, and shall transmit such report to
			 Congress and make it publicly available on the Internet.
		7.PreemptionNothing in this Act affects the right of a
			 State or political subdivision of a State to adopt or enforce any regulation,
			 requirement, or standard of performance that is different from, or in addition
			 to, a regulation, requirement, liability, or standard of performance
			 established pursuant to this Act unless compliance with both this Act and the
			 State or political subdivision of a State regulation, requirement, or standard
			 of performance is impossible, in which case the applicable provision of this
			 Act shall control.
		8.DefinitionsIn this Act:
			(1)Adverse health
			 effectThe term adverse
			 health effect means a chemical or biochemical change, anatomic change,
			 or functional impairment, or a known precursor to such a change or impairment,
			 that—
				(A)has the potential
			 to impair the performance of an anatomic structure of a vital system of an
			 organism or progeny of an organism;
				(B)causes
			 irreversible change in the homeostasis of an organism;
				(C)increases the
			 susceptibility of an organism or progeny of an organism to other chemical or
			 biological stressors or reduces the ability of an organism or progeny of an
			 organism to respond to additional health or environmental challenges; or
				(D)affects, alters,
			 or harms the environment such that the health of humans or other organisms is
			 directly or indirectly threatened.
				(2)Air care
			 productThe term air care product means a chemically
			 formulated consumer product designed to clean and freshen air or to deodorize
			 and neutralize unwanted odors in the indoor air, including solid gels, air
			 freshener spray, an outlet or battery operated air freshener, a hanging car air
			 freshener, and a potpourri product.
			(3)Automotive
			 productThe term automotive product means a
			 chemically formulated consumer product designed to maintain the appearance of a
			 motor vehicle, but does not include automotive paint or a paint repair
			 product.
			(4)Cleaning
			 productThe term cleaning product means any product
			 used primarily for commercial, domestic, or institutional cleaning purposes,
			 including an air care product, automotive product, disinfectant (except as
			 provided in subparagraph (B)), and polish or floor maintenance product. Such
			 term shall not include—
				(A)any drug or
			 cosmetics, including a personal care items such as toothpaste, shampoo, and
			 hand soap; or
				(B)a product labeled,
			 advertised, marketed, and distributed for use only as a pesticide, as defined
			 by section 2(u) of the Federal Insecticide, Fungicide and Rodenticide Act (7
			 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or
			 semi-critical devices as described by such section.
				(5)CommissionThe
			 term Commission means the Consumer Product Safety
			 Commission.
			(6)IngredientThe
			 term ingredient means a chemical in a cleaning product,
			 including—
				(A)a chemical that
			 provides a technical or functional effect;
				(B)a chemical that
			 has no technical or functional effect but is present by reason of having been
			 incorporated into the cleaning product as an ingredient of another
			 chemical;
				(C)a processing aid
			 that is present by reason of having been added to a cleaning product during the
			 processing of such cleaning product;
				(D)any substance that
			 is present by reason of having been added to a cleaning product during
			 processing for its technical or functional effect;
				(E)any contaminant
			 that may leach from container materials or form via reactions over the shelf
			 life of a cleaning product and that may be present at levels where detection is
			 technologically feasible;
				(F)with respect to a
			 fragrance or preservative, each individual component part of the fragrance or
			 preservative by its individual name; and
				(G)any individual
			 component of a petroleum-derived, animal-derived, or other ingredient that the
			 Commission determines be considered an ingredient.
				(7)Polish or floor
			 maintenance productThe term polish or floor maintenance
			 product means a chemically formulated consumer product designed to
			 polish, protect, or maintain furniture, floors, metal, leather, or other
			 surfaces, including polish, wax, and restorer.


114 HR 4962 IH: Multi-State Worker Tax Fairness Act of 2016
U.S. House of Representatives
2016-04-15
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.

		I
		114th CONGRESS
		2d Session
		H. R. 4962
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2016
			Mr. Himes (for himself, Mr. Garrett, Ms. Esty, Ms. DeLauro, Ms. Pingree, and Mr. Courtney) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend title 4 of the United States Code to limit the extent to which States may tax the
			 compensation earned by nonresident telecommuters and other multi-State
			 workers.

 1.Short titleThis Act may be cited as the Multi-State Worker Tax Fairness Act of 2016. 2.Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a)In generalChapter 4 of title 4, United States Code, is amended by adding at the end the following:

					127.Limitation on State taxation of compensation earned by nonresident telecommuters and other
			 multi-State workers
 (a)In generalIn applying its income tax laws to the compensation of a nonresident individual, a State may deem such nonresident individual to be present in or working in such State for any period of time only if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such compensation with respect to any period of time when such nonresident individual is physically present in another State.
 (b)Determination of physical presenceFor purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that—
 (1)such nonresident individual is present at or working at home for convenience, or (2)such nonresident individual’s work at home or office at home fails any convenience of the employer test or any similar test.
 (c)Determination of periods of time with respect to which compensation is paidFor purposes of determining the periods of time with respect to which compensation is paid, no State may deem a period of time during which a nonresident individual is physically present in another State and performing certain tasks in such other State to be—
 (1)time that is not normal work time unless such individual’s employer deems such period to be time that is not normal work time,
 (2)nonworking time unless such individual’s employer deems such period to be nonworking time, or (3)time with respect to which no compensation is paid unless such individual’s employer deems such period to be time with respect to which no compensation is paid.
 (d)DefinitionsAs used in this section— (1)StateThe term State means each of the several States (or any subdivision thereof), the District of Columbia, and any territory or possession of the United States.
 (2)Income taxThe term income tax has the meaning given such term by section 110(c). (3)Income tax lawsThe term income tax laws includes any statutes, regulations, administrative practices, administrative interpretations, and judicial decisions.
 (4)Nonresident individualThe term nonresident individual means an individual who is not a resident of the State applying its income tax laws to such individual.
 (5)EmployeeThe term employee means an employee as defined by the State in which the nonresident individual is physically present and performing personal services for compensation.
 (6)EmployerThe term employer means the person having control of the payment of an individual’s compensation. (7)CompensationThe term compensation means the salary, wages, or other remuneration earned by an individual for personal services performed as an employee or as an independent contractor.
 (e)No inferenceNothing in this section shall be construed as bearing on— (1)any tax laws other than income tax laws,
 (2)the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors,
 (3)the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and
 (4)the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income..
 (b)Clerical amendmentThe table of sections of such chapter 4 is amended by adding at the end the following new item:   127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers.. (c)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.


115 HR 6115 IH: Safe Home Act of 2018
U.S. House of Representatives
2018-06-14
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. 6115IN THE HOUSE OF REPRESENTATIVESJune 14, 2018Mr. Langevin (for himself and Mr. Marino) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Child Abuse Prevention and Treatment Act to include an act of unregulated custody
			 transfer in the definition of child abuse and neglect, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Safe Home Act of 2018. 2.Treatment of unregulated custody transfer (a)In generalSection 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended—
 (1)in paragraph (2)— (A)by striking or an act or failure and inserting an act or failure; and
 (B)by inserting , or an unregulated custody transfer after serious harm; (2)in paragraph (7), by striking ; and and inserting a semicolon;
 (3)in paragraph (8), by striking the period at the end and inserting ; and; and (4)by adding at the end the following new paragraph:

 (9)the term unregulated custody transfer means the abandonment of a child, by the child’s parent, legal guardian, or a person or entity acting on behalf, and with the consent, of such parent or guardian—
 (A)by placing a child with a person who is not— (i)the child’s parent, step-parent, grandparent, adult sibling, adult uncle or aunt, legal guardian, or other relative;
 (ii)a friend of the family who is an adult and with whom the child is familiar; or (iii)a member of the federally recognized Indian tribe of which the child is also a member;
 (B)with the intent of severing the relationship between the child and the parent or guardian of such child; and
 (C)without— (i)reasonably ensuring the safety of the child and permanency of the placement of the child, including by conducting an official home study, background check, and supervision; and
 (ii)transferring the legal rights and responsibilities of parenthood or guardianship under applicable Federal and State law to a person described in subparagraph (A)..
 (b)Technical amendmentParagraph (5) of section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by striking 450b and inserting 5304.
 (c)Effective dateThe amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this section.