		One Hundred Tenth Congress of the United States of
		  America
		1st SessionBegun and held at the City of Washington on Thursday, the fourth
		day of January, two thousand and seven
		S. 2488
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To promote accessibility, accountability,
		  and openness in Government by strengthening section 552 of title 5, United
		  States Code (commonly referred to as the Freedom of Information Act), and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Openness Promotes Effectiveness in our
			 National Government Act of 2007 or the
			 OPEN Government Act of
			 2007.
		2.FindingsCongress finds that—
			(1)the Freedom of Information Act was signed
			 into law on July 4, 1966, because the American people believe that—
				(A)our constitutional democracy, our system of
			 self-government, and our commitment to popular sovereignty depends upon the
			 consent of the governed;
				(B)such consent is not meaningful unless it is
			 informed consent; and
				(C)as Justice Black noted in his concurring
			 opinion in Barr v. Matteo (360 U.S. 564 (1959)), The effective
			 functioning of a free government like ours depends largely on the force of an
			 informed public opinion. This calls for the widest possible understanding of
			 the quality of government service rendered by all elective or appointed public
			 officials or employees.;
				(2)the American people firmly believe that our
			 system of government must itself be governed by a presumption of
			 openness;
			(3)the Freedom of Information Act establishes
			 a strong presumption in favor of disclosure as noted by the
			 United States Supreme Court in United States Department of State v. Ray (502
			 U.S. 164 (1991)), a presumption that applies to all agencies governed by that
			 Act;
			(4)disclosure, not secrecy, is the
			 dominant objective of the Act, as noted by the United States Supreme
			 Court in Department of Air Force v. Rose (425 U.S. 352 (1976));
			(5)in practice, the Freedom of Information Act
			 has not always lived up to the ideals of that Act; and
			(6)Congress should regularly review section
			 552 of title 5, United States Code (commonly referred to as the Freedom of
			 Information Act), in order to determine whether further changes and
			 improvements are necessary to ensure that the Government remains open and
			 accessible to the American people and is always based not upon the need
			 to know but upon the fundamental right to know.
			3.Protection of fee status for news
			 mediaSection 552(a)(4)(A)(ii)
			 of title 5, United States Code, is amended by adding at the end the
			 following:

				In this clause, the term a
				representative of the news media means any person or entity that gathers
				information of potential interest to a segment of the public, uses its
				editorial skills to turn the raw materials into a distinct work, and
				distributes that work to an audience. In this clause, the term
				news means information that is about current events or that would
				be of current interest to the public. Examples of news-media entities are
				television or radio stations broadcasting to the public at large and publishers
				of periodicals (but only if such entities qualify as disseminators of
				news) who make their products available for purchase by or
				subscription by or free distribution to the general public. These examples are
				not all-inclusive. Moreover, as methods of news delivery evolve (for example,
				the adoption of the electronic dissemination of newspapers through
				telecommunications services), such alternative media shall be considered to be
				news-media entities. A freelance journalist shall be regarded as working for a
				news-media entity if the journalist can demonstrate a solid basis for expecting
				publication through that entity, whether or not the journalist is actually
				employed by the entity. A publication contract would present a solid basis for
				such an expectation; the Government may also consider the past publication
				record of the requester in making such a
				determination.
				.
		4.Recovery of attorney fees and litigation
			 costs
			(a)In generalSection 552(a)(4)(E) of title 5, United
			 States Code, is amended—
				(1)by inserting (i) after
			 (E); and
				(2)by adding at the end the following:

						(ii)For purposes of this subparagraph, a
				complainant has substantially prevailed if the complainant has obtained relief
				through either—
							(I)a judicial order, or an enforceable written
				agreement or consent decree; or
							(II)a voluntary or unilateral change in
				position by the agency, if the complainant’s claim is not
				insubstantial.
							.
				(b)LimitationNotwithstanding section 1304 of title 31,
			 United States Code, no amounts may be obligated or expended from the Claims and
			 Judgment Fund of the United States Treasury to pay the costs resulting from
			 fees assessed under section 552(a)(4)(E) of title 5, United States Code. Any
			 such amounts shall be paid only from funds annually appropriated for any
			 authorized purpose for the Federal agency against which a claim or judgment has
			 been rendered.
			5.Disciplinary actions for arbitrary and
			 capricious rejections of requestsSection 552(a)(4)(F) of title 5, United
			 States Code, is amended—
			(1)by inserting (i) after
			 (F); and
			(2)by adding at the end the following:

					(ii)The Attorney General shall—
						(I)notify the Special Counsel of each civil
				action described under the first sentence of clause (i); and
						(II)annually submit a report to Congress on the
				number of such civil actions in the preceding year.
						(iii)The Special Counsel shall annually submit a
				report to Congress on the actions taken by the Special Counsel under clause
				(i).
					.
			6.Time limits for agencies to Act on
			 requests
			(a)Time Limits
				(1)In GeneralSection 552(a)(6)(A) of title 5, United
			 States Code, is amended by inserting after clause (ii) the following:

						The 20-day period under clause (i) shall
				commence on the date on which the request is first received by the appropriate
				component of the agency, but in any event not later than ten days after the
				request is first received by any component of the agency that is designated in
				the agency’s regulations under this section to receive requests under this
				section. The 20-day period shall not be tolled by the agency except—
							(I)that the
				agency may make one request to the requester for information and toll the
				20-day period while it is awaiting such information that it has reasonably
				requested from the requester under this section; or
							(II)if necessary
				to clarify with the requester issues regarding fee assessment. In either case,
				the agency’s receipt of the requester’s response to the agency’s request for
				information or clarification ends the tolling
				period.
							.
				(2)Effective
			 dateThe amendment made by
			 this subsection shall take effect 1 year after the date of enactment of this
			 Act.
				(b)Compliance with Time Limits
				(1)In general
					(A)Search feesSection 552(a)(4)(A) of title 5, United
			 States Code, is amended by adding at the end the following:

							(viii)An agency shall not assess search fees (or
				in the case of a requester described under clause (ii)(II), duplication fees)
				under this subparagraph if the agency fails to comply with any time limit under
				paragraph (6), if no unusual or exceptional circumstances (as those terms are
				defined for purposes of paragraphs (6)(B) and (C), respectively) apply to the
				processing of the
				request.
							.
					(B)Public
			 LiaisonSection
			 552(a)(6)(B)(ii) of title 5, United States Code, is amended by inserting after
			 the first sentence the following: To aid the requester, each agency
			 shall make available its FOIA Public Liaison, who shall assist in the
			 resolution of any disputes between the requester and the
			 agency..
					(2)Effective date and
			 applicationThe amendment
			 made by this subsection shall take effect 1 year after the date of enactment of
			 this Act and apply to requests for information under section 552 of title 5,
			 United States Code, filed on or after that effective date.
				7.Individualized tracking numbers for
			 requests and status information
			(a)In GeneralSection 552(a) of title 5, United States
			 Code, is amended by adding at the end the following:

					(7)Each agency shall—
						(A)establish a system to assign an
				individualized tracking number for each request received that will take longer
				than ten days to process and provide to each person making a request the
				tracking number assigned to the request; and
						(B)establish a telephone line or Internet
				service that provides information about the status of a request to the person
				making the request using the assigned tracking number, including—
							(i)the date on which the agency originally
				received the request; and
							(ii)an estimated date on which the agency will
				complete action on the
				request.
							.
			(b)Effective Date and
			 ApplicationThe amendment
			 made by this section shall take effect 1 year after the date of enactment of
			 this Act and apply to requests for information under section 552 of title 5,
			 United States Code, filed on or after that effective date.
			8.Reporting requirements
			(a)In GeneralSection 552(e)(1) of title 5, United States
			 Code, is amended—
				(1)in subparagraph (B)(ii), by inserting after
			 the first comma the number of occasions on which each statute was relied
			 upon,;
				(2)in subparagraph (C), by inserting
			 and average after median;
				(3)in subparagraph (E), by inserting before
			 the semicolon , based on the date on which the requests were received by
			 the agency;
				(4)by redesignating subparagraphs (F) and (G)
			 as subparagraphs (N) and (O), respectively; and
				(5)by inserting after subparagraph (E) the
			 following:

						(F)the average number of days for the agency
				to respond to a request beginning on the date on which the request was received
				by the agency, the median number of days for the agency to respond to such
				requests, and the range in number of days for the agency to respond to such
				requests;
						(G)based on the number of business days that
				have elapsed since each request was originally received by the agency—
							(i)the number of requests for records to which
				the agency has responded with a determination within a period up to and
				including 20 days, and in 20-day increments up to and including 200
				days;
							(ii)the number of requests for records to which
				the agency has responded with a determination within a period greater than 200
				days and less than 301 days;
							(iii)the number of requests for records to which
				the agency has responded with a determination within a period greater than 300
				days and less than 401 days; and
							(iv)the number of requests for records to which
				the agency has responded with a determination within a period greater than 400
				days;
							(H)the average number of days for the agency
				to provide the granted information beginning on the date on which the request
				was originally filed, the median number of days for the agency to provide the
				granted information, and the range in number of days for the agency to provide
				the granted information;
						(I)the median and average number of days for
				the agency to respond to administrative appeals based on the date on which the
				appeals originally were received by the agency, the highest number of business
				days taken by the agency to respond to an administrative appeal, and the lowest
				number of business days taken by the agency to respond to an administrative
				appeal;
						(J)data on the 10 active requests with the
				earliest filing dates pending at each agency, including the amount of time that
				has elapsed since each request was originally received by the agency;
						(K)data on the 10 active administrative
				appeals with the earliest filing dates pending before the agency as of
				September 30 of the preceding year, including the number of business days that
				have elapsed since the requests were originally received by the agency;
						(L)the number of expedited review requests
				that are granted and denied, the average and median number of days for
				adjudicating expedited review requests, and the number adjudicated within the
				required 10 days;
						(M)the number of fee waiver requests that are
				granted and denied, and the average and median number of days for adjudicating
				fee waiver
				determinations;
						.
				(b)Applicability to Agency and Each Principal
			 Component of the AgencySection 552(e) of title 5, United States
			 Code, is amended—
				(1)by redesignating paragraphs (2) through (5)
			 as paragraphs (3) through (6), respectively; and
				(2)by inserting after paragraph (1) the
			 following:

						(2)Information in each report submitted under
				paragraph (1) shall be expressed in terms of each principal component of the
				agency and for the agency
				overall.
						.
				(c)Public Availability of DataSection 552(e)(3) of title 5, United States
			 Code, (as redesignated by subsection (b) of this section) is amended by adding
			 at the end In addition, each agency shall make the raw statistical data
			 used in its reports available electronically to the public upon
			 request..
			9.Openness of agency records maintained by a
			 private entitySection 552(f)
			 of title 5, United States Code, is amended by striking paragraph (2) and
			 inserting the following:

				(2)record and any other term
				used in this section in reference to information includes—
					(A)any information that would be an agency
				record subject to the requirements of this section when maintained by an agency
				in any format, including an electronic format; and
					(B)any information described under
				subparagraph (A) that is maintained for an agency by an entity under Government
				contract, for the purposes of records
				management.
					.
		10.Office of Government Information
			 Services
			(a)In GeneralSection 552 of title 5, United States Code,
			 is amended by adding at the end the following:

					(h)(1)There is established the Office of
				Government Information Services within the National Archives and Records
				Administration.
						(2)The Office of Government Information
				Services shall—
							(A)review policies and procedures of
				administrative agencies under this section;
							(B)review compliance with this section by
				administrative agencies; and
							(C)recommend policy changes to Congress and
				the President to improve the administration of this section.
							(3)The Office of Government Information
				Services shall offer mediation services to resolve disputes between persons
				making requests under this section and administrative agencies as a
				non-exclusive alternative to litigation and, at the discretion of the Office,
				may issue advisory opinions if mediation has not resolved the dispute.
						(i)The Government Accountability Office shall
				conduct audits of administrative agencies on the implementation of this section
				and issue reports detailing the results of such audits.
					(j)Each agency shall designate a Chief FOIA
				Officer who shall be a senior official of such agency (at the Assistant
				Secretary or equivalent level).
					(k)The Chief FOIA Officer of each agency
				shall, subject to the authority of the head of the agency—
						(1)have agency-wide responsibility for
				efficient and appropriate compliance with this section;
						(2)monitor implementation of this section
				throughout the agency and keep the head of the agency, the chief legal officer
				of the agency, and the Attorney General appropriately informed of the agency’s
				performance in implementing this section;
						(3)recommend to the head of the agency such
				adjustments to agency practices, policies, personnel, and funding as may be
				necessary to improve its implementation of this section;
						(4)review and report to the Attorney General,
				through the head of the agency, at such times and in such formats as the
				Attorney General may direct, on the agency’s performance in implementing this
				section;
						(5)facilitate public understanding of the
				purposes of the statutory exemptions of this section by including concise
				descriptions of the exemptions in both the agency’s handbook issued under
				subsection (g), and the agency’s annual report on this section, and by
				providing an overview, where appropriate, of certain general categories of
				agency records to which those exemptions apply; and
						(6)designate one or more FOIA Public
				Liaisons.
						(l)FOIA Public Liaisons shall report to the
				agency Chief FOIA Officer and shall serve as supervisory officials to whom a
				requester under this section can raise concerns about the service the requester
				has received from the FOIA Requester Center, following an initial response from
				the FOIA Requester Center Staff. FOIA Public Liaisons shall be responsible for
				assisting in reducing delays, increasing transparency and understanding of the
				status of requests, and assisting in the resolution of
				disputes.
					.
			(b)Effective
			 DateThe amendments made by
			 this section shall take effect on the date of enactment of this Act.
			11.Report on personnel policies related to
			 FOIANot later than 1 year
			 after the date of enactment of this Act, the Office of Personnel Management
			 shall submit to Congress a report that examines—
			(1)whether changes to executive branch
			 personnel policies could be made that would—
				(A)provide greater encouragement to all
			 Federal employees to fulfill their duties under section 552 of title 5, United
			 States Code; and
				(B)enhance the stature of officials
			 administering that section within the executive branch;
				(2)whether performance of compliance with
			 section 552 of title 5, United States Code, should be included as a factor in
			 personnel performance evaluations for any or all categories of Federal
			 employees and officers;
			(3)whether an employment classification series
			 specific to compliance with sections 552 and 552a of title 5, United States
			 Code, should be established;
			(4)whether the highest level officials in
			 particular agencies administering such sections should be paid at a rate of pay
			 equal to or greater than a particular minimum rate; and
			(5)whether other changes to personnel policies
			 can be made to ensure that there is a clear career advancement track for
			 individuals interested in devoting themselves to a career in compliance with
			 such sections; and
			(6)whether the executive branch should require
			 any or all categories of Federal employees to undertake awareness training of
			 such sections.
			12.Requirement to describe exemptions
			 authorizing deletions of material provided under FOIASection 552(b) of title 5, United States
			 Code, is amended in the matter after paragraph (9)—
			(1)in the second sentence, by inserting after
			 amount of information deleted the following: , and the
			 exemption under which the deletion is made,; and
			(2)in the third sentence, by inserting after
			 amount of the information deleted the following: , and
			 the exemption under which the deletion is made,.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


116 S3320 IS: Sangre de Cristo Wilderness Additions Act
U.S. Senate
2020-02-13
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.

II116th CONGRESS2d SessionS. 3320IN THE SENATE OF THE UNITED STATESFebruary 13, 2020Mr. Gardner introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo designate as wilderness certain National Forest System land in the State of Colorado, and for other purposes.1.Short titleThis Act may be cited as the Sangre de Cristo Wilderness Additions Act.2.DefinitionsIn this Act:(1)SecretaryThe term Secretary means the Secretary of Agriculture.(2)Wilderness additionThe term wilderness addition means land added to the Sangre de Cristo Wilderness by the amendment made by section 3.3.Amendment to the Colorado Wilderness Act of 1993Section 2(a)(10) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) is amended by striking 1993, and inserting 1993, and certain Federal land in the Rio Grande National Forest that comprises approximately 40,038 acres, as generally depicted as Wilderness Additions on the map entitled Sangre de Cristo Wilderness Additions  and dated March 21, 2019,.4.Map(a)In generalAs soon as practicable after the date of enactment of this Act, the Secretary shall file with the appropriate committees of Congress a map and legal description of the wilderness additions.(b)Public availabilityThe map and legal description filed under subsection (a) shall be on file and available for public inspection in the office of the Chief of the Forest Service, the office of the Supervisor of the Rio Grande National Forest, and the office of the Supervisor of the San Isabel National Forest.(c)Force of lawThe map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal description.5.Administration of wilderness additions(a)In generalSubject to valid existing rights, the Secretary shall manage the wilderness additions in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to a wilderness addition, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.(b)Fire, insects, and diseasesIn accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions, the Secretary may take such measures as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate.(c)Recreational climbingNothing in this Act or an amendment made by this Act prohibits recreational rock climbing activities in the wilderness additions, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of enactment of this Act—(1)in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and(2)subject to any terms and conditions determined to be necessary by the Secretary.(d)GrazingThe grazing of livestock in a wilderness addition, if established before the date of enactment of this Act, shall be permitted to continue, subject to such reasonable regulations as are determined to be necessary by the Secretary, in accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)).(e)Military overflightsNothing in this Act restricts or precludes—(1)low-level overflights of military aircraft over the wilderness additions, including military overflights that can be seen or heard within the wilderness additions;(2)flight testing and evaluation; or(3)the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness additions.(f)Commercial servicesCommercial services (including authorized outfitting and guide activities) within the wilderness additions may be authorized to the extent necessary for activities that are appropriate for the recreational or other wilderness purposes of the wilderness additions, in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)).


116 SRES 629 ATS: Designating June 2020 as “Great Outdoors Month”.
U.S. Senate
2020-06-18
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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.

III116th CONGRESS2d SessionS. RES. 629IN THE SENATE OF THE UNITED STATESJune 18, 2020Mr. Daines (for himself, Mr. Peters, Mrs. Shaheen, Mr. King, Mr. Cramer, Ms. McSally, Mr. Gardner, Ms. Hirono, Mr. Risch, and Mr. Crapo) submitted the following resolution; which was referred to the Committee on the JudiciaryJuly 1, 2020Committee discharged; considered and agreed toRESOLUTIONDesignating June 2020 as Great Outdoors Month.Whereas hundreds of millions of individuals in the United States participate in outdoor recreation annually;Whereas Congress enacted the Outdoor Recreation Jobs and Economic Impact Act of 2016 (Public Law 114–249; 130 Stat. 999) to assess and analyze the outdoor recreation economy of the United States and the effects attributable to the outdoor recreation economy on the overall economy of the United States;Whereas the Outdoor Recreation Satellite Account updated in September 2019 by the Bureau of Economic Analysis of the Department of Commerce shows that outdoor recreation contributed more than $427,000,000,000 of current-dollar gross domestic product to the economy of the United States in 2017, comprising approximately 2.2 percent of the current-dollar gross domestic product;Whereas the Outdoor Recreation Satellite Account shows that, in 2017, the outdoor recreation sector experienced faster growth in real gross output, compensation, and employment than the overall economy of the United States, while also providing 5,200,000 jobs across the United States;Whereas the Consolidated Appropriations Act, 2019 (Public Law 116–6; 133 Stat. 13) encouraged the Department of Commerce to continue its work with the Outdoor Recreation Satellite Account;Whereas regular outdoor recreation is associated with economic growth, positive health outcomes, and better quality of life;Whereas many outdoor recreation businesses are small businesses, which have been heavily impacted by the COVID–19 pandemic;Whereas, as a result of the COVID–19 pandemic, many outdoor recreation businesses have experienced decreases in sales and have furloughed or laid off employees;Whereas outdoor recreation businesses are cornerstones of rural communities and outdoor recreation is part of the national heritage of the United States; andWhereas June 2020 is an appropriate month to designate as Great Outdoors Month to provide an opportunity to celebrate the importance of the great outdoors: Now, therefore, be it That the Senate—(1)designates June 2020 as Great Outdoors Month; and(2)encourages all individuals in the United States to responsibly participate in recreation activities in the great outdoors during June 2020 and year-round.


116 HR 1378 IH: District of Columbia Clemency Home Rule Act
U.S. House of Representatives
2019-02-26
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. 1378IN THE HOUSE OF REPRESENTATIVESFebruary 26, 2019Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo provide that the authority to grant clemency for offenses against the District of Columbia shall
			 be exercised in accordance with law enacted by the District of Columbia.

 1.Short titleThis Act may be cited as the District of Columbia Clemency Home Rule Act. 2.Authority to grant clemency in accordance with District of Columbia law for offenses against District of Columbia (a)Authority describedThe authority to grant clemency for offenses against the District of Columbia shall be exercised by such person or persons, and under such terms and conditions, as may be provided under law enacted by the District of Columbia.
 (b)Rule of ConstructionNothing in this Act may be construed to affect any authority exercised by the President or the Mayor of the District of Columbia prior to the effective date of any law enacted by the District of Columbia pursuant to this Act with respect to the authority to grant clemency for offenses against the District of Columbia.
 (c)Clemency DefinedIn this Act, the term clemency means a pardon, reprieve, or commutation of sentence, or a remission of a fine or other financial penalty.


109 HR 1574 IH: To amend the Internal Revenue Code of 1986 and the Economic Growth and Tax Relief Reconciliation Act of 2001 to restore the estate tax and repeal the carryover basis rule and to increase the estate tax unified credit to an exclusion equivalent of $3,500,000.
U.S. House of Representatives
2005-04-12
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
109th CONGRESS
1st Session
H. R. 1574
IN THE HOUSE OF REPRESENTATIVES

April 12, 2005
Mr. Moore of Kansas (for himself and Mr. Case) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 and the Economic Growth and Tax Relief Reconciliation Act of 2001 to restore the estate tax and repeal the carryover basis rule and to increase the estate tax unified credit to an exclusion equivalent of $3,500,000.

1.Restoration of estate tax; repeal of carryover basis
(a)In generalSubtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted.
(b)Sunset not to apply
(1)Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking this Act and all that follows and inserting this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010..
(2)Subsection (b) of such section 901 is amended by striking , estates, gifts, and transfers.
(c)Conforming amendmentsSubsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted.
2.Increase in the unified credit against the estate tax
(a)In generalSubsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows the applicable exclusion amount and inserting . For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000..
(b)Inflation adjustmentSection 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection:

(d)Inflation adjustmentIn the case of any decedent dying in a calendar year after 2006, the dollar amount in subsection (c) shall be increased by an amount equal to—
(1)such dollar amount, multiplied by
(2)the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 2005 for 1992 in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000..
(c)Conforming amendmentSection 6018(a)(1) of such Code is amended by striking section 2010(c) and inserting section 2010.
(d)Effective dateThe amendments made this section shall apply to estates of decedents dying, and gifts made, after December 31, 2005.


 HR 5106 ENR: To designate the facility of the United States Postal Service located at 100 Admiral Callaghan Lane in Vallejo, California, as the “Philmore Graham Post Office Building”.
U.S. House of Representatives

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
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 5106

AN ACT
To designate the facility of the United States Postal Service located at 100 Admiral Callaghan Lane in Vallejo, California, as the Philmore Graham Post Office Building.

1. Philmore Graham Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 100 Admiral Callaghan Lane in Vallejo, California, shall be known and designated as the Philmore Graham Post Office Building.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Philmore Graham Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		I
		112th CONGRESS
		1st Session
		H. R. 161
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Mr. Shuler 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 Head
		  Start teachers the same above-the-line deduction for supplies as is allowed to
		  elementary and secondary school teachers.

		1.Head start teachers allowed
			 above-the-line deduction for supplies
			(a)In
			 generalParagraph (1) of
			 section 62(d) of the Internal Revenue Code of 1986 (defining eligible educator)
			 is amended by adding at the end the following new subparagraph:

					(C)Head start
				teachersThe term
				eligible education includes, with respect to any taxable year, an
				individual who is a teacher or aide under a Head Start program operating under
				the Head Start Act (42 U.S.C. 9831 et seq.) for at least 700 hours during a
				school
				year.
					.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to taxable
			 years ending after the date of the enactment of this Act.


114 HR 122 IH: Original Living Wage Act of 2015
U.S. House of Representatives
2015-01-06
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
		1st Session
		H. R. 122
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2015
			Mr. Al Green of Texas (for himself, Mr. Cummings, Ms. Brown of Florida, Ms. Eddie Bernice Johnson of Texas, Ms. Norton, Ms. Clarke of New York, Ms. Moore, Mr. Cleaver, Ms. Jackson Lee, Mr. Conyers, Mr. Clyburn, Ms. Lee, Mr. Honda, Mr. Lewis, Mr. Jeffries, Ms. Fudge, and Mr. Veasey) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To amend the Fair Labor Standards Act to provide for the calculation of the minimum wage based on
			 the Federal poverty threshold for a family of 4, as determined by the
			 Bureau of the Census.

		1.Short titleThis Act may be cited as the Original Living Wage Act of 2015.
		2.Findings; sense of Congress
			(a)FindingsCongress finds the following:
				(1)In 2012, there were over 46,500,000 Americans living in poverty who were separated from the
			 opportunities of the Nation by their income, their housing, and their
			 access to education, jobs, and health care.
				(2)A full-time worker earning the Federal minimum wage earns an income below the Federal poverty
			 threshold for a family of 4, consisting of 2 adults and 2 children.
				(3)The average fair market rent for a 1-bedroom apartment is more than 65 percent of the monthly
			 income of a full-time worker earning the minimum wage. In comparison, the
			 generally accepted definition of affordability is for a household to pay
			 not more than 30 percent of its income on housing.
				(4)Two full-time workers earning the Federal minimum wage earn an income below the national housing
			 wage for a 1-bedroom apartment, the amount a person needs to earn to
			 afford a 1-bedroom apartment at average rent.
				(b)Sense of CongressIt is the sense of Congress that—
				(1)the Federal minimum wage should, as a minimum, be adjusted every 4 years so that a person working
			 for such a wage may earn an annual income that is not less than 15 percent
			 higher than the Federal poverty threshold for a family of 4, as determined
			 by the Bureau of the Census;
				(2)the minimum wage should be set at a level high enough to allow 2 full-time minimum wage workers to
			 earn an income above the national housing wage; and
				(3)Congress, any of the several States, the District of Columbia, any territory or possession of the
			 United States, any Indian tribe, or any local or municipal government of a
			 State may establish a higher minimum wage requirement than that
			 established in this Act.
				3.Minimum wageSection 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended—
			(1)in subsection (a)(1)—
				(A)by striking and at the end of subparagraph (B);
				(B)by inserting and at the end of subparagraph (C); and
				(C)by inserting at the end the following:

						(D)not less than the amount determined by the Secretary under subsection (b), beginning September 1,
			 2015;; and
				(2)by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following:

					(b)
						(1)Subject to paragraph (2), not later than June 1, 2015, and once every 4 years thereafter, the
			 Secretary shall determine the minimum wage rate applicable under
			 subsection (a)(1) based on the formula described in paragraph (3). The
			 Secretary shall publish such wage rate in the Federal Register not later
			 than October 1 of each year.
						(2)If the minimum wage rate determined by the Secretary under paragraph (1) would result in a lower
			 minimum wage rate than the minimum wage rate in effect at the time of such
			 determination, the Secretary shall not adjust, pursuant to this
			 subsection, the minimum wage rate so in effect.
						(3)The minimum wage rate determined by the Secretary under paragraph (1) shall be the minimum hourly
			 wage sufficient for a person working for such wage for 40 hours per week,
			 52 weeks per year, to earn an annual income in an amount that is 15
			 percent higher than the Federal poverty threshold for a family of 4, with
			 two children under the age of 18, and living in any of the 48 contiguous
			 States, as published by the Bureau of the Census for the year in which the
			 wage rate is being so determined..


116 HRES 343 IH: Recognizing the commencement of Ramadan, the Muslim holy month of fasting and spiritual renewal, and commending Muslims in the United States and throughout the world for their faith.
U.S. House of Representatives
2019-05-01
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.

IV116th CONGRESS1st SessionH. RES. 343IN THE HOUSE OF REPRESENTATIVESMay 1, 2019Ms. Johnson of Texas (for herself, Mr. Carson of Indiana, Ms. Omar, Ms. Tlaib, Mr. Payne, Ms. McCollum, Ms. Norton, Mr. Rush, Ms. Schakowsky, Mrs. Dingell, Mr. Krishnamoorthi, Mr. Grijalva, Ms. Moore, Mr. Pallone, and Mr. Brown of Maryland) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONRecognizing the commencement of Ramadan, the Muslim holy month of fasting and spiritual renewal, and commending Muslims in the United States and throughout the world for their faith.
Whereas it is estimated that there are approximately 1,800,000,000 Muslims worldwide; Whereas Ramadan is the holy month of fasting and spiritual renewal for Muslims worldwide, and is the 9th month of the Muslim calendar year;
Whereas the observance of the Muslim holy month of Ramadan commences at dusk on May 5, 2019, and continues for one lunar month; Whereas one of the purposes of fasting during the holy month of Ramadan is for Muslims to gain a better understanding of the plight faced by those who are less fortunate;
Whereas Muslims contribute greatly to charitable organizations that help people from all faiths in the United States and around the world by providing medical assistance, family services, scholastic supplies, before- and after-school programs, feeding the hungry, and providing recuperation efforts following natural disasters; Whereas Thomas Jefferson was the first President to host an iftar, the meal breaking fast during Ramadan, at the White House in 1805 and every President since 1996 has hosted an iftar for members of the community during their presidencies;
Whereas the Department of State and United States Agency for International Development have hosted iftars through the years for staff and members of the diplomatic community; Whereas the Department of Agriculture has hosted iftar dinners since 2008 to recognize and welcome interfaith dialogue and collaboration with individuals and organizations whose core values often overlap significantly with the mission of the Department, including disaster recovery, reducing food waste, ensuring access to nutritious food, and fostering safe, prosperous, and thriving communities;
Whereas the Pentagon has held an iftar dinner every year since 1999, recognizing the thousands of American Muslims serving in all branches of the United States military; and Whereas over 4,500 Muslims serve on active duty and over 2,300 Muslims serve as selected reserve personnel in the United States Armed Forces: Now, therefore, be it
That— (1)in order to demonstrate solidarity with and support for members of the community of Islam in the United States and throughout the world, the House of Representatives recognizes the Islamic faith as one of the great religions of the world; and
(2)in observance of and out of respect for the commencement of Ramadan, the Muslim holy month of fasting and spiritual renewal, the House of Representatives acknowledges the onset of Ramadan and expresses its deepest respect to Muslims in the United States and throughout the world on this significant occasion.


		I
		112th CONGRESS
		1st Session
		H. R. 396
		IN THE HOUSE OF REPRESENTATIVES

			January 24, 2011
			Mr. Sessions (for
			 himself, Mr. Platts, and
			 Mr. Pascrell) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services, and in addition to the Committee on
			 Veterans’ Affairs, 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

		A BILL
		To direct the Secretary of Defense and the Secretary of
		  Veterans Affairs to carry out a pilot program under which the Secretaries make
		  payments for certain treatments of traumatic brain injury and post-traumatic
		  stress disorder.

		1.Short titleThis Act may be cited as the TBI
			 Treatment Act.
		2.Pilot program on
			 payment for treatment of members of the Armed Forces and veterans for traumatic
			 brain injury and post-traumatic stress disorder
			(a)Payment
			 processThe Secretary of
			 Defense and the Secretary of Veterans Affairs shall carry out a five-year pilot
			 program under which each such Secretary shall establish a process through which
			 each Secretary shall provide payment for treatments (including diagnostic
			 testing) of traumatic brain injury or post-traumatic stress disorder received
			 by members of the Armed Forces and veterans in health care facilities other
			 than military treatment facilities or Department of Veterans Affairs medical
			 facilities. Such process shall provide that payment be made directly to the
			 health care facility furnishing the treatment.
			(b)Conditions for
			 paymentThe approval by a
			 Secretary for payment for a treatment pursuant to subsection (a) shall be
			 subject to the following conditions:
				(1)Any drug or device used in the treatment
			 must be approved or cleared by the Food and Drug Administration for any
			 purpose.
				(2)The treatment must have been approved by an
			 institutional review board operating in accordance with regulations issued by
			 the Secretary of Health and Human Services.
				(3)The treatment (including any patient
			 disclosure requirements) must be used by the health care provider delivering
			 the treatment.
				(4)The patient receiving the treatment must
			 demonstrate an improvement as a result of the treatment on one or more of the
			 following:
					(A)Standardized
			 independent pre-treatment and post-treatment neuropsychological testing.
					(B)Accepted survey
			 instruments.
					(C)Neurological
			 imaging.
					(D)Clinical
			 examination.
					(5)The patient
			 receiving the treatment must be receiving the treatment voluntarily.
				(6)The patient receiving the treatment may not
			 be a retired member of the uniformed services or of the Armed Forces who is
			 over the age of 65 and entitled to benefits under part A, or eligible to enroll
			 under part B, of title XVIII of the Social Security Act.
				(c)Additional
			 restrictions prohibitedExcept as provided in this subsection (b),
			 no restriction or condition for reimbursement may be placed on any health care
			 provider that is operating lawfully under the laws of the State in which the
			 provider is located with respect to the receipt of payment under this
			 Act.
			(d)Payment
			 deadlineThe Secretary of
			 Defense and the Secretary of Veterans Affairs shall make a payment for a
			 treatment pursuant to subsection (a) not later than 30 days after a member of
			 the Armed Forces or veteran (or health care provider on behalf of such member
			 or veteran) submits to the Secretary documentation regarding the treatment. The
			 Secretary of Defense and the Secretary of Veterans Affairs shall ensure that
			 the documentation required under this subsection may not be an undue burden on
			 the member of the Armed Forces or veteran or on the health care
			 provider.
			(e)Payment
			 authority
				(1)Department of
			 DefenseThe Secretary of Defense shall make payments under this
			 section for treatments received by members of the Armed Forces using the
			 authority in subsection (c)(1) of section 1074 of title 10, United States
			 Code.
				(2)Department of
			 Veterans AffairsThe Secretary of Veterans Affairs shall make
			 payments under this section for treatments received by veterans using the
			 authority in section 1728 of title 38, United States Code.
				(f)Payment
			 amountA payment under this Act shall be made at the equivalent
			 Centers for Medicare and Medicaid Services reimbursement rate in effect for
			 appropriate treatment codes for the State or territory in which the treatment
			 is received. If no such rate is in effect, payment shall be made at a fair
			 market rate, as determined by the Secretary of Defense, in consultation with
			 the Secretary of Health and Human Services, with respect to a patient who is a
			 member of the Armed Forces or the Secretary of Veterans Affairs with respect to
			 a patient who is a veteran.
			(g)Data collection
			 and availability
				(1)In
			 GeneralThe Secretary of
			 Defense and the Secretary of Veterans Affairs shall jointly develop and
			 maintain a database containing data from each patient case involving the use of
			 a treatment under this section. The Secretaries shall ensure that the database
			 preserves confidentiality and be made available only—
					(A)for third-party
			 payer examination;
					(B)to the appropriate
			 congressional committees and employees of the Department of Defense, the
			 Department of Veterans Affairs, the Department of Health and Human Services,
			 and appropriate State agencies; and
					(C)to the primary investigator of the
			 institutional review board that approved the treatment, in the case of data
			 relating to a patient case involving the use of such treatment.
					(2)Enrollment in
			 Institutional Review Board StudyIn the case of a patient enrolled in a
			 registered institutional review board study, results may be publically
			 distributable in accordance with the regulations prescribed pursuant to the
			 Health Insurance Portability and Accountability Act of 1996 (Public Law
			 104–191) and other regulations and practices in effect as of the date of the
			 enactment of this Act.
				(3)Qualified
			 institutional review boardsThe Secretary of Defense and the
			 Secretary of Veterans Affairs shall each ensure that the Internet Web site of
			 their respective departments includes a list of all civilian institutional
			 review board studies that have received a payment under this Act.
				(h)Assistance for
			 members To obtain treatment
				(1)Assignment to
			 temporary dutyThe Secretary
			 of a military department may assign a member of the Armed Forces under the
			 jurisdiction of the Secretary to temporary duty or allow the member a
			 permissive temporary duty in order to permit the member to receive treatment
			 for traumatic brain injury or post-traumatic stress disorder, for which
			 payments shall be made under subsection (a), at a location beyond reasonable
			 commuting distance of the member’s permanent duty station.
				(2)Payment of per
			 diemA member who is away from the member’s permanent station may
			 be paid a per diem in lieu of subsistence in an amount not more than the amount
			 to which the member would be entitled if the member were performing travel in
			 connection with a temporary duty assignment.
				(3)Gift rule
			 waiverNotwithstanding any
			 rule of any department or agency with respect to ethics or the receipt of
			 gifts, any assistance provided to a member of the Armed Forces with a
			 service-connected injury or disability for travel, meals, or entertainment
			 incidental to receiving treatment under this Act, or for the provision of such
			 treatment, shall not be subject to or covered by any such rule.
				(i)Retaliation
			 prohibitedNo retaliation may
			 be made against any member of the Armed Forces or veteran who receives
			 treatment as part of registered institutional review board study carried out by
			 a civilian health care practitioner.
			(j)Treatment of
			 university and nationally accredited institutional review
			 boardsFor purposes of this Act, a university-affiliated or
			 nationally accredited institutional review board shall be treated in the same
			 manner as a Government institutional review board.
			(k)Memoranda of
			 understandingThe Secretary of Defense and the Secretary of
			 Veterans Affairs shall seek to expeditiously enter into memoranda of
			 understandings with civilian institutional review boards described in
			 subsection (j) for the purpose of providing for members of the Armed Forces and
			 veterans to receive treatment carried out by civilian health care practitioners
			 under a treatment approved by and under the oversight of civilian institutional
			 review boards that would qualify for payment under this Act.
			(l)Outreach
			 required
				(1)Outreach to
			 veteransThe Secretary of Veterans Affairs shall notify each
			 veteran with a service-connected injury or disability of the opportunity to
			 receive treatment pursuant to this Act.
				(2)Outreach to
			 members of the Armed ForcesThe Secretary of Defense shall notify each
			 member of the Armed Forces with a service-connected injury or disability of the
			 opportunity to receive treatment pursuant to this Act.
				(m)Report to
			 CongressNot later than 30 days after the last day of each fiscal
			 year during which the Secretary of Defense and the Secretary of Veterans
			 Affairs are authorized to make payments under this Act, the Secretaries shall
			 jointly submit to Congress an annual report on the implementation of this Act.
			 Such report shall include each of the following for that fiscal year:
				(1)The number of
			 individuals for whom the Secretary has provided payments under this Act.
				(2)The condition for
			 which each such individual receives treatment for which payment is provided
			 under this Act and the success rate of each such treatment.
				(3)Treatment methods
			 that are used by entities receiving payment provided under this Act and the
			 respective rate of success of each such method.
				(4)The
			 recommendations of the Secretaries with respect to the integration of treatment
			 methods for which payment is provided under this Act into facilities of the
			 Department of Defense and Department of Veterans Affairs.
				(n)TerminationThe
			 authority to make a payment under this Act shall terminate on the date that is
			 five years after the date of the enactment of this Act.
			(o)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this Act $10,000,000 for each fiscal year during which the Secretary of
			 Veterans Affairs and the Secretary of Defense are authorized to make payments
			 under this Act.


I
111th CONGRESS 1st Session
H. R. 1181
IN THE HOUSE OF REPRESENTATIVES

February 25, 2009
Mr. Ackerman (for himself and Mr. Castle) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To direct the Securities and Exchange Commission to establish both a process by which asset-backed instruments can be deemed eligible for NRSRO ratings and an initial list of such eligible asset-backed instruments.

1.Commission regulations relating to asset-backed securities for purposes of NRSRO ratings
(a)NRSRO asset-backed securitiesSection 3(a)(62)(B)(iv) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(62)(B)(iv)) is amended by striking as in effect on the date of enactment of this Act and inserting , including NRSRO asset-backed securities approved by the Commission and listed in such section.
(b)Revision of regulationsNot later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall revise the regulations in section 1101(c) of part 229 of title 17, Code of Federal Regulations, relating to the term asset-backed securities for purposes of section 3(a)(62)(B)(iv) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(62)(B)(iv)). The revisions required under this subsection shall—
(1)define a subset of asset-back securities to be referred to as NRSRO asset-backed securities, which shall be the only asset-backed securities for which a credit rating agency may register and issue ratings as a nationally recognized statistical rating organization and, which shall be restricted to securities representing interests in pools of assets whose performance can be evaluated based on a documented history of predictable performance of similar assets and which are contained in structures which also have a documented history of predictable performance; and
(2)include a list of the classes of securities approved as NRSRO asset-backed securities pursuant to subsection (c). Nothing in this subsection shall be construed so as to limit any credit rating agency from rating asset-backed instruments which are not designated as NRSRO asset-backed securities so long as such credit rating agency makes it explicit that such instruments are not NRSRO asset-backed securities and the associated ratings are not issued pursuant to its status as a nationally recognized statistical rating organization.
(c)Approval process for NRSRO asset-backed securities classes
(1)Initial fast-track approvalNot later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall establish an initial list of classes of securities approved as NRSRO asset-backed securities.
(2)Subsequent approvalAfter the approval of the initial list of classes of NRSRO asset-backed securities under paragraph (1), the Commission shall approve additional classes of asset-backed securities as NRSRO asset-backed securities on an ongoing basis.
(3)ProcedureThe Commission shall approve a securities class as NRSRO asset-backed securities only—
(A)upon the application (in such form determined by the Commission) of a nationally recognized statistical rating organization concerning a specific class of asset-backed securities;
(B)after receiving comment from Federal and State regulators of institutions or entities reasonably expected to seek funding from or invest in such class of securities, including the Federal Reserve System, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, the Pension Benefit Guaranty Insurance Corporation, and State banking insurance authorities; and
(C)after any other investigation and due diligence the Commission determines to be necessary to evaluate the proposed NRSRO asset-backed securities class’s compliance with the standards described in paragraph (4) prior to granting their approval.
(4)Standards for approval of NRSRO asset-backed securitiesApproval of a class of securities as an NRSRO asset-backed securities class shall be limited to those securities whose future performance meets the standard of reasonably predictable. At a minimum, a determination of a reasonably predictable performance standard shall require—
(A)a sufficient history of performance data, from a diverse base of sponsors spanning at least 1 complete economic cycle for both the collateral assets or reference assets and the structure so as to generate reasonably accurate statistical estimates of future performance;
(B)the ability to aggregate pools of the collateral assets or reference assets of sufficient size to generate reasonably accurate statistical estimates;
(C)the existence of contracts for such collateral asset product which are sufficiently standardized to generate reasonably accurate statistical estimates; and
(D)sufficient standardization of service quality and procedures for such collateral asset product to generate reasonably accurate statistical estimates. Securities that fail to meet 1 or more of conditions set forth in subparagraphs (A) through (D) shall not qualify for eligibility as NRSRO asset-backed securities or ratings.
2.Qualifications for registrationSection 15E of the Securities Exchange Act (15 U.S.C. 78o–7) is amended—
(1)in subsection (c), by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:

(2)Review of ratings and cooperation with CommissionIn order to maintain its registration and the integrity of the NRSRO ratings system, a nationally recognized statistical rating organization shall annually review all ratings issued and outstanding in obligor categories for which it has registered, with such review to result in a formal re-rating affirmation, upgrade, downgrade, or ratings removal. Each nationally recognized statistical rating organization shall provide the Commission with full access to models, documentation, assumptions, and performance data upon request, shall answer all questions and queries posed by Commission on a timely basis, and otherwise cooperate with any Commission investigation. ;
(2)in subsection (d), by striking The Commission and inserting

(1)In generalThe Commission ;
(3)by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; and
(4)by adding a new subparagraph (F) as follows:

(F)has, in the course of an investigation into the integrity of its NRSRO ratings caused the Commission to believe that a suspension or revocation of its NRSRO registration is in the public interest. .
(5)by adding at the end the following:

(2)Determination and examination by commissionIn assessing whether a nationally recognized statistical rating organization is consistently producing credit ratings with integrity for purposes of paragraph (5), the Commission shall determine whether ratings are issued with the expectation of meeting aggregate historical loss and default standards for given ratings levels across all categories for which a credit rating agency has registered under this section. In the case of a nationally recognized statistical rating organization which has registered for a category or categories for which its ratings experience covers less than a full economic cycle, the standards shall be consistent with industry norms for such category or categories. Additionally, as part of the ongoing qualification of NRSROs, adherence to the foregoing provisions shall be evaluated through the Commission’s regular surveillance of NRSRO models, systems, assumptions, and performance. .


I115th CONGRESS1st SessionH. R. 67IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2017Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, and Veterans' Affairs, 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 ensure that seniors, veterans, and people with disabilities who receive Social Security and certain other Federal benefits receive a $250 payment in the event that no cost-of-living adjustment is payable in a calendar year.
1.Short titleThis Act may be cited as the Social Security Safety Dividend Act of 2017. 2.Payment in lieu of a cost-of-living adjustment to recipients of social security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits (a)Authority To Make Payments (1)Eligibility (A)In generalThe Secretary of the Treasury shall disburse, out of any funds in the Treasury of the United States not otherwise appropriated, a cash payment equal to $250 for each non-COLA year of a program providing benefit payments described in clause (i), (ii), or (iii) of subparagraph (C) or in subparagraph (D) to each individual who, for any month during such year, is entitled to such benefit payment.
(B)Non-COLA yearFor purposes of this section, the term non-COLA year means, in connection with a program referred to in subparagraph (A), a 12-month period for which— (i)a cost-of-living adjustment is generally provided under such program in relation to an index specified in section 215(i) of the Social Security Act (42 U.S.C. 415(i)); and
(ii)such an adjustment does not take effect by reason of the performance of such index. (C)Benefit payment describedFor purposes of subparagraph (A):
(i)Title ii benefitA benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under— (I)section 202(a) of such Act (42 U.S.C. 402(a));
(II)section 202(b) of such Act (42 U.S.C. 402(b)); (III)section 202(c) of such Act (42 U.S.C. 402(c));
(IV)section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V)section 202(e) of such Act (42 U.S.C. 402(e));
(VI)section 202(f) of such Act (42 U.S.C. 402(f)); (VII)section 202(g) of such Act (42 U.S.C. 402(g));
(VIII)section 202(h) of such Act (42 U.S.C. 402(h)); (IX)section 223(a) of such Act (42 U.S.C. 423(a));
(X)section 227 of such Act (42 U.S.C. 427); or (XI)section 228 of such Act (42 U.S.C. 428).
(ii)Railroad retirement benefitA benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under— (I)section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1));
(II)section 2(c) of such Act (45 U.S.C. 231a(c)); (III)section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i));
(IV)section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V)section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C));
(VI)section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII)section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or
(VIII)section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii)Veterans benefitA benefit payment described in this clause is a compensation or pension payment payable under—
(I)section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II)section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code;
(III)section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV)section 1805, 1815, or 1821 of title 38, United States Code,to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code.
(D)SSI cash benefit describedA SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2)RequirementA payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address. For purposes of the preceding sentence, the determination of the individual’s residence shall be based on the address of record, as of the date of certification under subsection (b) for a payment under this section under a program specified in paragraph (1).
(3)No double paymentsAn individual shall be paid only 1 payment for any non-COLA year under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4)LimitationA payment under this section shall not be made (or, in the case of subparagraph (D), shall not be due)—
(A)in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if, for any month within the 12-month period ending with the month of payment, such individual’s benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 of the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a–8a); (B)in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for any month within the 12-month period ending with the month of payment, such individual’s benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code;
(C)in the case of an individual entitled to a benefit specified in paragraph (1)(C) if, for any month within the 12-month period ending with the month of payment, such individual’s benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a–8a); or (D)in the case of any individual whose date of death occurs—
(i)before the date of the receipt of the payment; or (ii)in the case of a direct deposit, before the date on which such payment is deposited into such individual’s account.In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person.
(5)Timing and manner of paymentsThe Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date for any non-COLA year prior to April 1 following such year. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of paragraph (1). (b)Identification of RecipientsThe Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section for each non-COLA year and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual’s entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1) (except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs).
(c)Treatment of Payments
(1)Payment to be disregarded for purposes of all federal and federally assisted programsA payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient’s spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2)Payment not considered income for purposes of taxationA payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986.
(3)Payments protected from assignmentThe provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of subsection (a)(1). (4)Payments subject to offsetNotwithstanding paragraph (3)—
(A)any payment made under this section shall, in the case of a payment of a direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and (B)any payment made under this section shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset to collect delinquent debts.
(d)Payment to Representative Payees and Fiduciaries
(1)In generalIn any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual’s representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2)Applicability (A)Payment on the basis of a title ii or SSI benefitSection 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act.
(B)Payment on the basis of a railroad retirement benefitSection 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C)Payment on the basis of a veterans benefitSections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.


117 HR 4483 IH: Veterans and Servicemember Consumer Protection Act of 2021
U.S. House of Representatives
2021-07-16
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.

I117th CONGRESS1st SessionH. R. 4483IN THE HOUSE OF REPRESENTATIVESJuly 16, 2021Miss Rice of New York (for herself and Mr. Upton) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo establish a coordinator within the Federal Trade Commission to prevent fraud and scams targeting or adversely affecting military veterans and servicemembers, and for other purposes.1.Short title This Act may be cited as the Veterans and Servicemember Consumer Protection Act of 2021.2.Coordinator for the prevention of fraud and scams targeting or adversely affecting veterans and servicemembers(a)Establishment of coordinatorThe Chairman of the Federal Trade Commission shall designate a coordinator (in this section referred to as the coordinator) within the Bureau of Consumer Protection for the purpose of advising the Commission on the prevention of fraud and other scams targeting or adversely affecting United States military veterans and servicemembers and to assist the Commission with the following:(1)OversightThe coordinator shall collaborate with other staff of the Bureau of Consumer Protection to monitor the market for fraud and scams using mail, television, internet, telemarketing, or recorded message telephone call (in this section referred to as robocall) solicitations and marketing that target or adversely affect United States military veterans and servicemembers and shall assist in coordinating with other relevant agencies as appropriate regarding the requirements of this section.(2)Consumer educationThe coordinator shall, in consultation with the Attorney General, the Secretary of Veterans Affairs, the Secretary of Defense, the Postmaster General, the Chief Postal Inspector for the United States Postal Inspection Service, and other relevant agencies as appropriate, coordinate and support the Commission’s work to—(A)disseminate to United States military veterans and servicemembers and the families and caregivers of such individuals general information on fraud and scams using mail, television, internet, telemarketing, or robocall solicitations and marketing that target or adversely affect United States military veterans and servicemembers, including descriptions of the most common fraud and other scams;(B)disseminate to United States military veterans and servicemembers and the families and caregivers of such individuals information on reporting fraud and scams targeting or adversely affecting United States military veterans and servicemembers to ReportFraud.ftc.gov (or another appropriate website operated by the Commission, as determined by the Chairman of the Commission) where such complaints will become available to applicable law enforcement agencies, including the Federal Bureau of Investigation and the attorneys general of the States;(C)provide publicly available information about enforcement actions taken by the Commission related to fraud or scams using mail, television, internet, telemarketing, or robocall solicitations and marketing; and(D)maintain a website to serve as a resource for information for United States military veterans and servicemembers and the families and caregivers of such individuals regarding fraud or scams using mail, television, internet, telemarketing, or robocall solicitations and marketing, and other identified fraud and other scams, that target or adversely affect United States military veterans and servicemembers.(3)ComplaintsThe coordinator shall coordinate and support the Commission’s establishment of procedures to—(A)review complaints by United States military veterans and servicemembers who believe they have been a victim of fraud or scams using mail, television, internet, telemarketing, or robocall solicitations and marketing in the Consumer Sentinel Network, and shall make those complaints immediately available to applicable Federal, State, and local law enforcement authorities; and(B)regularly update the Consumer Sentinel Network’s Military Dashboard Report to make public aggregated, general information on reports of fraud and scams using mail, television, internet, telemarketing, or robocall solicitations and marketing, including descriptions of the most common fraud and other scams using such methods of communication.(b)Commission definedIn this section, the term Commission means the Federal Trade Commission. (c)Effective dateThis section shall take effect on the date that is 1 year after the date of the enactment of this Act.