115 HR 3798 IH: Save American Workers Act of 2017
U.S. House of Representatives
2017-09-14
text/xml
EN
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I115th CONGRESS1st SessionH. R. 3798IN THE HOUSE OF REPRESENTATIVESSeptember 14, 2017Mrs. Walorski (for herself, Mr. Lipinski, Mr. Yoho, Mr. Peterson, Ms. Sinema, Mr. Schrader, Mr. Wilson of South Carolina, Mrs. Blackburn, Mr. Poliquin, Mr. Flores, Mr. Dunn, Mr. Gaetz, Mr. Tipton, and Mr. McCaul) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to repeal the 30-hour threshold for classification as a
			 full-time employee for purposes of the employer mandate in the Patient
			 Protection and Affordable Care Act and replace it with 40 hours.

 1.Short titleThis Act may be cited as the Save American Workers Act of 2017. 2.Repeal of 30-hour threshold for classification as full-time employee for purposes of the employer mandate in the Patient Protection and Affordable Care Act and replacement with 40 hours (a)Full-Time equivalentsParagraph (2) of section 4980H(c) of the Internal Revenue Code of 1986 is amended—
 (1)by repealing subparagraph (E); and (2)by inserting after subparagraph (D) the following new subparagraph:

 (E)Full-time equivalents treated as full-time employeesSolely for purposes of determining whether an employer is an applicable large employer under this paragraph, an employer shall, in addition to the number of full-time employees for any month otherwise determined, include for such month a number of full-time employees determined by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 174..
 (b)Full-Time employeesParagraph (4) of section 4980H(c) of the Internal Revenue Code of 1986 is amended— (1)by repealing subparagraph (A); and
 (2)by inserting before subparagraph (B) the following new subparagraph:  (A)In generalThe term full-time employee means, with respect to any month, an employee who is employed on average at least 40 hours of service per week..
 (c)Effective dateThe amendments made by this section shall apply to months beginning after December 31, 2013.


		I
		111th CONGRESS
		1st Session
		H. R. 4091
		IN THE HOUSE OF REPRESENTATIVES

			November 17, 2009
			Mr. Delahunt (for
			 himself, Mr. Gohmert,
			 Mr. Johnson of Georgia,
			 Mr. Franks of Arizona,
			 Mr. Moran of Virginia,
			 Mr. Cao, Mr. Hastings of Florida,
			 Mr. McCaul,
			 Mrs. Davis of California,
			 Mr. Schiff,
			 Mr. Daniel E. Lungren of California,
			 Mr. Pierluisi,
			 Ms. Baldwin,
			 Mr. Davis of Alabama, and
			 Mr. Frank of Massachusetts) introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 Oversight and Government
			 Reform, 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 amend titles 18 and 28 of the United States Code to
		  provide incentives for the prompt payments of debts owed to the United States
		  and the victims of crime by imposing late fees on unpaid judgments owed to the
		  United States and to the victims of crime, to provide for offsets on amounts
		  collected by the Department of Justice for Federal agencies, to increase the
		  amount of special assessments imposed upon convicted persons, to establish an
		  Enhanced Financial Recovery Fund to enhance, supplement, and improve the debt
		  collection activities of the Department of Justice, to amend title 5, United
		  States Code, to provide to assistant United States attorneys the same
		  retirement benefits as are afforded to Federal law enforcement officers, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Enhanced Restitution Enforcement and
			 Equitable Retirement Treatment Act of 2009.
		2.Table of
			 contentsThe table of contents
			 for this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				TITLE I—Enhanced financial recovery
				Sec. 101. Unpaid fines and restitution.
				Sec. 102. Remission of criminal monetary penalties.
				Sec. 103. Prioritization of restitution efforts.
				Sec. 104. Imposition of civil late fee.
				Sec. 105. Increase in the amount of special
				assessments.
				Sec. 106. Enhanced financial recovery fund.
				Sec. 107. Effective dates.
				TITLE II—Equitable retirement treatment of assistant United
				States attorneys
				Sec. 201. Retirement treatment of assistant United States
				attorneys.
				Sec. 202. Provisions relating to incumbents.
				Sec. 203. Agency share contributions.
				Sec. 204. Effective date.

		IEnhanced financial
			 recovery
			101.Unpaid fines
			 and restitution
				(a)In
			 generalSection 3612 of title
			 18, United States Code, is amended—
					(1)by striking
			 subsections (d), (e), (g), (h), and (i); and
					(2)by inserting after
			 subsection (c) the following:

							(d)Imposition of
				late fee
								(1)In
				generalA late fee shall be imposed upon a defendant if fines or
				restitution obligations of the defendant totaling not less than $2,500 unpaid
				as of the date specified in subsection (f)(1). The late fee imposed under this
				paragraph shall be 5 percent of the unpaid principal balance for an individual
				and 10 percent for any other person.
								(2)Allocation of
				payments
									(A)FineSubject
				to subparagraph (C), if a late fee is imposed under paragraph (1) for a
				fine—
										(i)an
				amount equal to 95 percent of each payment made by a defendant shall be
				credited to the Crime Victims Fund established under section 1402 of the
				Victims of Crime Act of 1984 (42 U.S.C. 10601) or as otherwise provided in that
				section; and
										(ii)an amount equal
				to 5 percent of each payment shall be credited to the Department of Justice
				Enhanced Financial Recovery Fund established under section 106 of the
				Enhanced Restitution Enforcement and
				Equitable Retirement Treatment Act of 2009.
										(B)RestitutionSubject
				to subparagraph (C), if a late fee is imposed under paragraph (1) for a
				restitution obligation—
										(i)an
				amount equal to 95 percent of each payment shall be paid to any victim
				identified by the court; and
										(ii)an amount equal
				to 5 percent of each payment shall be credited to the Department of Justice
				Enhanced Financial Recovery Fund established under section 106 of the
				Enhanced Restitution Enforcement and
				Equitable Retirement Treatment Act of 2009.
										(C)Order of
				paymentsPayments for fines or restitution shall be applied first
				to the principal and, if any, the late fee under paragraph (1). If the amount
				due on either the principal or the late fee has been paid in full and the other
				amount due remains unpaid, all payments for fines or restitution shall then be
				applied to the other unpaid obligation. If the principal and the late fee have
				been paid in full, all payments for fines or restitution shall then be applied
				to interest.
									(3)DefinitionsIn
				this subsection—
									(A)the term
				fines or restitution obligations does not include any amount that
				is imposed as interest, costs, or a late fee;
									(B)the term
				principal does not include any amount that is imposed as interest,
				penalty, or a late fee; and
									(C)the term
				restitution includes any unpaid balance due to a person identified
				in any judgment, or order of restitution, entered in any criminal case.
									(e)Waiver of
				Interest, Penalty, or Late Fees
								(1)In
				generalThe Attorney General may waive all or part of any
				interest or late fee under this section or any interest or penalty imposed
				under any other provision of law if the Attorney General determines that
				reasonable efforts to collect the interest, late fee, or penalty are not likely
				to be effective.
								(2)Waiver by
				courtThe court may waive the uncollected portion of a late fee,
				upon the motion of the defendant, and a showing, by a preponderance of the
				evidence, that—
									(A)the defendant has
				made a good faith effort to satisfy all unpaid fines or restitution
				obligations;
									(B)despite the good
				faith efforts of the defendant, the defendant is not likely to satisfy the
				obligations within the time provided for under section 3613 of this title;
				and
									(C)the continued
				collection of a late fee would constitute an undue burden upon the
				defendant.
									.
					(b)Repeal of
			 delinquency and default provisionsSection 3572 of title 18,
			 United States Code, is amended by striking subsections (h) and (i).
				102.Remission of
			 criminal monetary penaltiesSection 3573 of title 18, United States
			 Code, is amended to read as follows:

					3573.Petition of
				the Government for modification or remission
						(a)In
				generalUpon petition of the
				Government showing that reasonable efforts to collect a fine, restitution
				obligation, or special assessment are not likely to be effective, the court
				may, in the interest of justice, remit all or any part of the fine, restitution
				obligation, or special assessment, including interest, penalty, and late
				fees.
						(b)Victims other
				than the United StatesIn the
				case of a restitution obligation owed to a victim other than the United States,
				the express and clearly voluntary consent of the victim is required before the
				court may grant such petition. No defendant shall initiate contact with a
				victim for the purpose of securing consent to a possible remission except
				through counsel, the United States attorney, or in such a manner as first
				approved by the court as safe and
				noncoercive.
						.
			103.Prioritization
			 of restitution effortsSection
			 3771 of title 18, United States Code, is amended by adding the following
			 subsection:

					(g)Guidelines
						(1)In
				generalThe Attorney General shall promulgate guidelines to
				ensure the effective and efficient enforcement of all criminal and civil
				obligations which are owed to the United States and enforced by the Department
				of Justice.
						(2)ContentsThe
				guidelines promulgated under paragraph (1) shall require consideration, in
				making decisions relating to enforcement of criminal and civil obligations
				which are owed to the United States, of the amount due, the amount collectible,
				and whether the amount is due to individuals who are not likely to be able to
				enforce the obligation without assistance from the Department of
				Justice.
						.
			104.Imposition of
			 civil late fee
				(a)In
			 generalSection 3011 of title 28, United States Code, is amended
			 to read as follows:

						3011.Imposition of
				late fee
							(a)In
				generalA late fee shall be imposed on a defendant if there is an
				unpaid balance due to the United States on any money judgment in a civil matter
				recovered in a district court as of—
								(1)the fifteenth day
				after the date of the judgment; or
								(2)if the day
				described in paragraph (1) is a Saturday, Sunday, or legal public holiday, the
				next day that is not a Saturday, Sunday, or legal holiday.
								(b)Amount of late
				feeA late fee imposed under subsection (a) shall be 5 percent of
				the unpaid principal balance for an individual and 10 percent for any other
				person.
							(c)Allocation of
				paymentsSubject to subsection (d), if a late fee is imposed
				under subsection (a)—
								(1)an amount equal to
				95 percent of each principal payment made by a defendant shall be credited as
				otherwise provided by law; and
								(2)an amount equal to
				5 percent of each principal payment shall be credited to the Department of
				Justice Enhanced Financial Recovery Fund established under section 106 of the
				Enhanced Financial Recovery and Equitable Retirement Treatment Act of
				2007.
								(d)Order of
				paymentsPayments for a money judgment in a civil matter shall be
				applied first to the principal and, if any, the late fee under subsection (a).
				If the amount due on either the principal or the late fee has been paid in full
				and the other amount due remains unpaid, all payments for a money judgment in a
				civil matter shall be applied to the other unpaid obligation. If the principal
				and the late fee have been paid in full, all payments for a money judgment in a
				civil matter shall then be applied to interest.
							(e)DefinitionsIn
				this section—
								(1)the term
				principal does not include any amount that is imposed as interest,
				penalty, or a late fee; and
								(2)the term
				unpaid balance due to the United States—
									(A)includes any
				unpaid balance due to a person that was represented by the Department of
				Justice in the civil matter in which the money judgment was entered; and
									(B)does not include
				interest, costs, penalties, or late
				fees.
									.
				(b)Technical and
			 conforming amendmentThe table of sections for subchapter A of
			 chapter 176 of title 28, United States Code, is amended by striking the item
			 relating to section 3011 and inserting the following:

							3011. Imposition of late
				fee.

						.
				105.Increase in the
			 amount of special assessmentsSection 3013 of title 18, United States
			 Code, is amended by striking subsection (a) and inserting the following:

					(a)The court shall
				assess on any person convicted of an offense against the United States—
						(1)in the case of an
				infraction or a misdemeanor—
							(A)if the defendant
				is an individual—
								(i)the amount of $10
				in the case of an infraction or a class C misdemeanor;
								(ii)the amount of $25
				in the case of a class B misdemeanor; and
								(iii)the amount of
				$100 in the case of a class A misdemeanor; and
								(B)if the defendant
				is a person other than an individual—
								(i)the amount of $100
				in the case of an infraction or a class C misdemeanor;
								(ii)the amount of
				$200 in the case of a class B misdemeanor; and
								(iii)the amount of
				$500 in the case of a class A misdemeanor; and
								(2)in the case of a
				felony—
							(A)the amount of $100
				if the defendant is an individual; and
							(B)the amount of
				$1,000 if the defendant is not an
				individual.
							.
			106.Enhanced
			 financial recovery fund
				(a)EstablishmentThere
			 is established in the Treasury a separate account known as the Department of
			 Justice Enhanced Financial Recovery Fund (in this section referred to as the
			 Fund).
				(b)DepositsNotwithstanding
			 section 3302 of title 31, United States Code, or any other law regarding the
			 crediting of collections, there shall be credited as an offsetting collection
			 to the Fund an amount equal to—
					(1)2
			 percent of any amount collected pursuant to civil debt collection litigation
			 activities of the Department of Justice (in addition to any amount credited
			 under section 11013 of the 21st Century Department of Justice Appropriations
			 Authorization Act (28 U.S.C. 527 note));
					(2)5
			 percent of all amounts collected as restitution due to the United States
			 pursuant to the criminal debt collection litigation activities of the
			 Department of Justice; and
					(3)any late fee
			 collected under section 3612 of title 18, United States Code, as amended by
			 this Act, or section 3011 of title 28, United States Code, as amended by this
			 Act.
					(c)AvailabilityThe
			 amounts credited to the Fund shall remain available until expended.
				(d)Payments from
			 the fund To support enhanced enforcement of judgments
					(1)Use for
			 collection
						(A)In
			 generalExcept as provided in paragraph (2), the Attorney General
			 shall use not less than $20,000,000 of the Fund in each fiscal year, to the
			 extent that funds are available, for the collection of civil and criminal
			 judgments by the Department of Justice, including restitution judgments where
			 the beneficiaries are the victims of crime.
						(B)AllocationThe
			 funds described in subparagraph (A) shall be used to enhance, supplement, and
			 improve the civil and criminal judgment enforcement efforts of the Department
			 of Justice first, and primarily for such activities by United States attorneys’
			 offices. A portion of the funds described in subparagraph (A) may be used by
			 the Attorney General to provide legal, investigative, accounting, and training
			 support to the United States attorneys’ offices in carrying out civil and
			 criminal debt collection activities.
						(C)LimitationThe
			 funds described in subparagraph (A) may not be used to determine whether a
			 defendant is guilty of an offense or liable to the United States, except
			 incidentally for the provision of assistance necessary or desirable in a case
			 to ensure the preservation of assets or the imposition of a judgment, which
			 assists in the enforcement of a judgment, or in a proceeding directly related
			 to the failure of a defendant to satisfy the monetary portion of a
			 judgment.
						(2)Adjustment of
			 amountIn each fiscal year following the first fiscal year in
			 which deposits into the Fund are greater than $20,000,000, the amount to be
			 used under paragraph (1)(A) shall be increased by a percentage equal to the
			 change in the Consumer Price Index published by the Bureau of Labor Statistics
			 of the Department of Labor for the calendar year preceding that fiscal
			 year.
					(3)LimitationIn
			 any fiscal year, amounts in the Fund shall be available to the extent that the
			 amount appropriated in that fiscal year for the purposes described in paragraph
			 (1) is not less than an amount equal to the amount appropriated for such
			 activities in fiscal year 2006, adjusted annually in the same proportion as
			 increases reflected in the amount of aggregate level of appropriations for the
			 Executive Office of United States Attorneys and United States Attorneys.
					(e)Current agency
			 share contributionsAfter expending amounts in the Fund as
			 provided under subsection (d), the Attorney General may use amounts remaining
			 in the Fund to offset additional agency share contributions made by the
			 Department of Justice for personnel benefit expenses incurred as a result of
			 this Act or the amendments made by this Act relating to service as an assistant
			 United States attorney on or after the date of enactment of this Act. The
			 availability of amounts from the Fund shall have no effect on the
			 implementation of title II or the amendments made by title II.
				(f)Retroactive
			 agency share contributionsAfter expending amounts in the Fund as
			 provided under subsection (e), the Attorney General may use amounts remaining
			 in the Fund to offset agency share contributions made by the Department of
			 Justice for personnel benefit expenses incurred as a result of this Act or the
			 amendments made by this Act relating to service as an assistant United States
			 attorney before the date of enactment of this Act.
				(g)Rebate of agency
			 offsetsAfter expending amounts in the Fund as provided under
			 subsection (f), all amounts remaining in the Fund shall be credited,
			 proportionally, to the Federal agencies on behalf of which debt collection
			 litigation activities were conducted that resulted in deposits under paragraph
			 (1) or (2) of subsection (b) during that fiscal year.
				(h)Payments to the
			 general fundAfter expending amounts in the Fund as provided
			 under subsection (g), all amounts remaining in the Fund shall be deposited with
			 the General Fund of the United States Treasury.
				(i)DefinitionIn
			 this section, the term United States—
					(1)includes—
						(A)the executive
			 departments, the judicial and legislative branches, the military departments,
			 and independent establishments of the United States; and
						(B)corporations
			 primarily acting as instrumentalities or agencies of the United States;
			 and
						(2)except as provided
			 in paragraph (1), does not include any contractor of the United States.
					107.Effective
			 dates
				(a)In
			 generalExcept as provided in this section, this title and the
			 amendments made by this title shall take effect 30 days after the date of
			 enactment of this Act.
				(b)Criminal
			 casesThe amendments made by section 105 and subsection (d) of
			 section 3612 of title 18, United States Code, as added by section 101 of this
			 Act, shall apply to any offense committed on or after the date of enactment of
			 this Act, including any offense which includes conduct that continued on or
			 after the date of enactment of this Act.
				(c)Civil
			 casesThe amendments made by section 104 shall apply to any case
			 pending on or after the date of enactment of this Act.
				IIEquitable
			 retirement treatment of assistant United States attorneys
			201.Retirement
			 treatment of assistant United States attorneys
				(a)Civil service
			 retirement system
					(1)Assistant United
			 States attorney definedSection 8331 of title 5, United States
			 Code, is amended—
						(A)in paragraph (28),
			 by striking and at the end;
						(B)in paragraph (29)
			 relating to dynamic assumptions, by striking the period and inserting a
			 semicolon;
						(C)by redesignating
			 paragraph (29) relating to air traffic controllers as paragraph (30);
						(D)in paragraph (30),
			 as so redesignated, by striking the period and inserting ; and;
			 and
						(E)by adding at the
			 end the following:

								(31)assistant
				United States attorney—
									(A)means an assistant
				United States attorney appointed under section 542 of title 28; and
									(B)includes an
				individual—
										(i)appointed United
				States attorney under section 541 or 546 of title 28;
										(ii)who has
				previously served as an assistant United States attorney; and
										(iii)who elects under
				section 202 of the Enhanced Restitution
				Enforcement and Equitable Retirement Treatment Act of 2009 to be
				treated as an assistant United States attorney and solely for the purposes of
				this
				title.
										.
						(2)Retirement
			 treatmentChapter 83 of title 5, United States Code, is amended
			 by adding after section 8351 the following:

							8352.Assistant
				United States attorneysAn
				assistant United States attorney shall be treated in the same manner and to the
				same extent as a law enforcement officer for purposes of this chapter, except
				as follows:
								(1)Section 8335(b)(1)
				of this title (relating to mandatory separation) shall not apply.
								(2)Section 8336(c)(1)
				of this title (relating to immediate retirement at age 50 with 20 years of
				service as a law enforcement officer) shall apply to assistant United States
				attorneys except the age for immediate retirement eligibility shall be 57
				instead of
				50.
								.
					(3)Technical and
			 conforming amendments
						(A)Table of
			 sectionsThe table of sections for chapter 83 of title 5, United
			 States Code, is amended by inserting after the item relating to section 8351
			 the following:

									Sec. 8352. Assistant United States
				attorneys.

								.
						(B)Mandatory
			 separationSection 8335(a) of title 5, United States Code, is
			 amended by striking 8331(29)(A) and inserting
			 8331(30)(A).
						(b)Federal
			 employees’ retirement system
					(1)Assistant United
			 States attorney definedSection 8401 of title 5, United States
			 Code, is amended—
						(A)in paragraph (34),
			 by striking and at the end;
						(B)in paragraph (35),
			 by striking the period and inserting ; and; and
						(C)by adding at the
			 end the following:

								(36)assistant
				United States attorney—
									(A)means an assistant
				United States attorney appointed under section 542 of title 28; and
									(B)includes an
				individual—
										(i)appointed United
				States attorney under section 541 or 546 of title 28;
										(ii)who has
				previously served as an assistant United States attorney; and
										(iii)who elects under
				section 202 of the Enhanced Restitution
				Enforcement and Equitable Retirement Treatment Act of 2009 to be
				treated as an assistant United States attorney and solely for the purposes of
				this
				title.
										.
						(2)Retirement
			 treatmentSection 8402 of title 5, United States Code, is amended
			 by adding at the end the following:

							An
			 assistant United States attorney shall be treated in the same manner and to the
			 same extent as a law enforcement officer for purposes of this chapter, except
			 as follows:(1)Section 8425(b)(1)
				of this title (relating to mandatory separation) shall not apply.
							(2)Section 8412(d) of
				this title (relating to immediate retirement at age 50 with 20 years of service
				as a law enforcement officer) shall apply to assistant United States attorneys
				except the age for immediate retirement eligibility shall be 57 instead of
				50.
							.
					(c)Mandatory
			 separationSections 8335(b)(1) and 8425(b)(1) of title 5, United
			 States Code, are each amended by adding at the end the following: This
			 subsection shall not apply in the case of an assistant United States
			 attorney..
				202.Provisions
			 relating to incumbents
				(a)DefinitionsIn
			 this section—
					(1)the term
			 assistant United States attorney means an assistant United States
			 attorney appointed under section 542 of title 28, United States Code;
			 and
					(2)the term
			 incumbent means an individual who, on the date of enactment of
			 this Act—
						(A)is serving as an
			 assistant United States attorney;
						(B)is serving as a
			 United States Attorney appointed under section 541 or 546 of title 28, United
			 States Code; or
						(C)is employed by the
			 Department of Justice and has served at least 10 years as an assistant United
			 States attorney.
						(b)Notice
			 requirementNot later than 180 days after the date of enactment
			 of this Act, the Department of Justice shall take measures reasonably designed
			 to provide notice to incumbents on—
					(1)their election
			 rights under this title; and
					(2)the effects of
			 making or not making a timely election under this title.
					(c)Election
			 available to incumbents
					(1)In
			 generalAn incumbent may elect, for all purposes, to be
			 treated—
						(A)in accordance with
			 the amendments made by this title; or
						(B)as if this title
			 had never been enacted.
						(2)Time
			 limitationAn election under this subsection shall not be
			 effective unless the election is made not later than the earlier of—
						(A)180 days after the
			 date on which the notice under subsection (b) is provided; or
						(B)the date on which
			 the incumbent involved separates from service.
						(3)Failure to
			 electFailure to make a timely election under this subsection
			 shall be deemed—
						(A)for an assistant
			 United States attorney, as an election under paragraph (1)(A); and
						(B)for any other
			 incumbent, as an election under paragraph (1)(B).
						(d)Limited
			 retroactive effect
					(1)Effect on
			 retirementIn the case of an incumbent who elects (or is deemed
			 to have elected) the option under subsection (c)(1)(A), all service performed
			 by that individual as an assistant United States attorney shall—
						(A)to the extent
			 performed on or after the effective date of that election, be treated in
			 accordance with applicable provisions of subchapter III of chapter 83 or
			 chapter 84 of title 5, United States Code, as amended by this title; and
						(B)to the extent
			 performed before the effective date of that election, be treated in accordance
			 with applicable provisions of subchapter III of chapter 83 or chapter 84 of
			 title 5, United States Code, as if the amendments made by this title had then
			 been in effect.
						(2)Creditable
			 serviceAll service performed by an incumbent under an
			 appointment under section 515, 541, 543, or 546 of title 28, United States
			 Code, and while concurrently employed by the Department of Justice shall be
			 credited in the same manner as if performed as an assistant United States
			 attorney.
					(3)No other
			 retroactive effectNothing in this title (including the
			 amendments made by this title) shall affect any of the terms or conditions of
			 an individual’s employment (apart from those governed by subchapter III of
			 chapter 83 or chapter 84 of title 5, United States Code) with respect to any
			 period of service preceding the date on which such individual’s election under
			 subsection (c) is made (or is deemed to have been made).
					(e)Individual
			 contributions for prior service
					(1)In
			 generalAn individual who makes an election under subsection
			 (c)(1)(A) shall, with respect to prior service performed by such individual,
			 deposit, with interest, to the Civil Service Retirement and Disability Fund the
			 difference between the individual contributions that were actually made for
			 such service and the individual contributions that would have been made for
			 such service if the amendments made by this title had then been in
			 effect.
					(2)Effect of not
			 contributingIf the deposit required under paragraph (1) is not
			 paid, all prior service of the incumbent shall remain fully creditable as law
			 enforcement officer service, but the resulting annuity shall be reduced in a
			 manner similar to that described in section 8334(d)(2)(B) of title 5, United
			 States Code.
					(3)Prior service
			 definedIn this subsection, the term prior service
			 means, with respect to any individual who makes an election (or is deemed to
			 have made an election) under subsection (c)(1)(A), all service credited as an
			 assistant United States attorney, but not exceeding 20 years, performed by such
			 individual before the date as of which applicable retirement deductions begin
			 to be made in accordance with such election.
					(f)RegulationsThe
			 Office of Personnel Management shall prescribe regulations necessary to carry
			 out this title, including provisions under which any interest due on the amount
			 described under subsection (e) shall be determined.
				203.Agency share
			 contributions
				(a)In
			 generalThe cost for current agency share contributions for
			 personnel benefits incurred as a result of this Act or the amendments made by
			 this Act may be paid from the Enhanced Financial Recovery Fund. If in any
			 fiscal year the Fund does not have a sufficient amount on deposit to satisfy
			 the cost for current agency share contributions for personnel benefits incurred
			 as a result of this Act or the amendments made by this Act, the amount of the
			 insufficiency shall be due the next fiscal year.
				(b)Retroactive
			 agency shareThe cost for retroactive agency share contributions
			 for personnel benefits incurred as a result of this Act or the amendments made
			 by this Act may be paid from the Enhanced Financial Recovery Fund.
			 Notwithstanding section 8348(f) or section 8423(b) of title 5, United States
			 Code, an amount equal to the amount remaining in the Enhanced Financial
			 Recovery Fund in any fiscal year, after the amounts credited to the Fund have
			 been expended to satisfy the requirements of subsections (d) and (e) of section
			 106 of this Act, shall be credited toward the cost for retroactive agency share
			 contributions for personnel benefits incurred as a result of this Act or the
			 amendments made by this Act until such cost, along with accumulated interest,
			 has been satisfied in full.
				(c)Use of
			 fundsFunds appropriated for the Department of Justice shall not
			 be used to pay for the additional cost for current or retroactive agency share
			 contributions for personnel benefits incurred as a result of this Act or the
			 amendments made by this Act except as directed by the Attorney General.
				204.Effective
			 date
				(a)In
			 generalThis title shall take effect on the date of enactment of
			 this Act.
				(b)IncumbentsIn
			 the case of an incumbent who elects (or is deemed to have elected) the option
			 under section 202(c)(1)(A) of this title, the election shall not take effect
			 until 24 months after the date of enactment of this Act, except as
			 follows:
					(1)An incumbent with
			 at least 30 years of service as an assistant United States attorney may choose
			 to have the election take effect at any time between 6 and 24 months after the
			 date of enactment of this Act.
					(2)An incumbent with
			 at least 25 years of service credited as an assistant United States attorney
			 may choose to have the election take effect at any time between 12 and 24
			 months after the enactment of this Act.
					(3)An incumbent with
			 at least 20 years of service credited as an assistant United States attorney
			 may, with the approval of the Attorney General, choose to have the election
			 take effect at any time between 6 and 24 months after the date of enactment of
			 this Act.
					(4)An incumbent with
			 at least 20 years service credited as an assistant United States attorney and
			 who is currently serving under an appointment under section 541 or 546 of title
			 28, United States Code, may choose to have the election take effect at any time
			 between the enactment of this Act and 24 months after the date of enactment of
			 this Act.


113 S965 IS: Iran Sanctions Implementation Act of 2013
U.S. Senate
2013-05-15
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.

		II
		113th CONGRESS
		1st Session
		S. 965
		IN THE SENATE OF THE UNITED STATES

			May 15, 2013
			Mr. Inhofe (for himself,
			 Mr. McConnell, Mr. Cornyn, Mr.
			 Wicker, Mr. Risch,
			 Mr. Boozman, Mr. Burr, Mr.
			 Hoeven, Mr. Coats,
			 Mr. Hatch, and Mr. Lee) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Energy and Natural Resources

		A BILL
		To eliminate oil exports from Iran by expanding domestic
		  production.

		1.Short titleThis Act may be cited as the
			 Iran Sanctions Implementation Act of
			 2013.
		2.FindingsCongress finds that—
			(1)despite recently
			 enacted sanctions, Iran continues to export 1,250,000 barrels of oil per
			 day;
			(2)70 percent of the
			 revenue of the Government of Iran comes from oil exports;
			(3)exports of oil
			 from Iran enable the Government of Iran to finance its nuclear weapons program
			 and support rogue actors such as the Assad regime of Syria;
			(4)the international
			 community has reduced its reliance on oil from Iran, but has balked at a full
			 embargo out of fear that the supply of oil on the world market would be
			 insufficient to meet demand without massive price increases and disruptions to
			 the world economy;
			(5)by expanding oil
			 production in the United States by 1,250,000 barrels per day, the United States
			 will displace all oil exports from Iran on the world market; and
			(6)displacing oil
			 exports from Iran will enable the imposition of a full embargo against oil from
			 Iran, further isolating the country and reducing its ability to threaten global
			 stability.
			3.Iranian oil
			 replacement zones
			(a)In
			 generalThe President shall designate any area of Federal land
			 that the President determines appropriate as an Iranian Oil Replacement
			 Zone (referred to in this Act as a Zone).
			(b)TransportationEach
			 Zone shall include any area of Federal land necessary for the transportation,
			 including by truck, train, or pipeline, of the oil produced in that Zone to
			 market.
			(c)ProductionThe
			 President shall make designations under subsection (a) until the date on which
			 the Department of the Interior determines that the total daily production of
			 oil from the Zones will reach 1,250,000 barrels of oil per day.
			(d)DesignationThe
			 designation of Zones under this section shall terminate on the date that is 30
			 days after the date on which the President makes the certification described in
			 section 401(a) of the Comprehensive Iran Sanctions, Accountability, and
			 Divestment Act of 2010 (22 U.S.C. 8551(a)).
			4.Expedited
			 permitting
			(a)In
			 generalEach Zone shall be subject to the rules and regulations
			 of the State in which the Zone is located.
			(b)Zones located
			 in more than 1 StateIf the Zone spans more than 1 State, each
			 State shall have authority over the portion of the Zone located in that
			 State.
			5.Judicial
			 review
			(a)Judicial
			 reviewThe designation of Federal land under this Act shall not
			 be subject to judicial review.
			(b)Applicability
			 of NEPAThe designation of Federal land under this Act shall
			 not—
				(1)constitute a
			 major Federal action for purposes of the National Environmental Policy Act of
			 1969 (42 U.S.C. 4321 et seq.); or
				(2)be subject to
			 review under that Act.


		II
		111th CONGRESS
		1st Session
		S. 2499
		IN THE SENATE OF THE UNITED
		  STATES

			October 29, 2009
			Mr. Graham introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To provide for the liquidation or
		  reliquidation of an entry of certain manufacturing equipment entered on
		  February 9, 2002.

		1.Liquidation or reliquidation of an entry of
			 certain manufacturing equipment entered on February 9, 2002
			(a)In GeneralNotwithstanding sections 514 and 520 of the
			 Tariff Act of 1930 (19 U.S.C. 1514
			 and 1520) or any other provision of law, not later than 90 days after the
			 receipt of the request described in subsection (b), any article—
				(1)that was entered on February 9, 2002, under
			 Entry Number 66901774563, and
				(2)with respect to which heading 9902.84.89
			 (as in effect on December 31, 2001) of the Harmonized Tariff Schedule of the
			 United States would have applied if such article had been entered, or withdrawn
			 from warehouse for consumption, on December 31, 2001,
				shall be liquidated or reliquidated
			 as if heading 9902.84.89 (as in effect on December 31, 2001) applied to such
			 entry, and U.S. Customs and Border Protection shall refund any excess duty paid
			 with respect to such entry.(b)RequestLiquidation or reliquidation may be made
			 under subsection (a) with respect to the entry described in such subsection
			 only if a request therefor is filed with U.S. Customs and Border Protection not
			 later than 90 days after the date of the enactment of this Act.
			(c)Refund of Amounts OwedAny amounts owed by the United States
			 pursuant to the liquidation or reliquidation of the entry described in
			 subsection (a) (including interest from the date of entry) shall be refunded
			 not later than 90 days after the date of such liquidation or
			 reliquidation.


		IB
		Union Calendar No. 202
		112th CONGRESS
		1st Session
		H. R. 2803
		[Report No.
		  112–302]
		IN THE HOUSE OF
		  REPRESENTATIVES

			August 5, 2011
			Mr. Faleomavaega
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

			December 1, 2011
			Reported with amendments, committed to the Committee of
			 the Whole House on the State of the Union, and ordered to be
			 printed
			Strike out all after the enacting clause and insert
			 the part printed in italic
			For text of introduced bill, see copy of bill as
			 introduced on August 5, 2011

		A BILL
		To direct the Secretary of the Interior,
		  acting through the Bureau of Ocean Energy Management, Regulation and
		  Enforcement, to conduct a technological capability assessment, survey, and
		  economic feasibility study regarding recovery of minerals, other than oil and
		  natural gas, from the shallow and deep seabed of the United
		  States.

		1.Technological assessment,
			 inventory, and study of shallow and deep seabed minerals
			(a)AuthorizationThe Secretary of the Interior, acting
			 through the Bureau of Ocean Energy Management, Regulation and Enforcement and
			 the United States Geological Survey and in consultation with the heads of other
			 appropriate Federal agencies, shall conduct—
				(1)an inventory of existing
			 data on offshore mineral resources, other than oil and natural gas, and an
			 analysis of existing samples of such offshore minerals, to identify and
			 quantify known resources;
				(2)an assessment of all
			 available domestic technological capabilities required for the location and the
			 efficient and environmentally sound recovery of such minerals from the shallow
			 and deep seabed of the United States;
				(3)an economic feasibility
			 study on the recovery of such minerals; and
				(4)an assessment of the
			 environmental and safety risks associated with shallow and deep sea mineral
			 production, other than oil and natural gas.
				(b)ReportNo
			 later than 2 years after the date of enactment of this Act, the Secretary shall
			 submit a report to Congress containing the findings and recommendations of the
			 inventory, assessment, and study under this section.
			(c)DefinitionIn this section the term shallow and
			 deep seabed of the United States—
				(1)means areas of the seabed that are
			 contiguous to and within 200 miles of the territorial sea of the United States
			 and the resources of which are subject to its jurisdiction or control;
			 and
				(2)includes such areas that are contiguous to
			 and within 200 miles of the territorial sea around any inhabited and
			 uninhabited territory or possession of the United States including American
			 Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, the
			 Virgin Islands, Midway Islands, the Federated States of Micronesia, Palau,
			 Marshall Islands, Wake Island, Johnston Atoll, Baker, Howland, and Jarvis
			 Islands, Kingman Reef, Navassa Island, Serranilla Bank, Bajo Nuevo Bank, and
			 Palmyra Atoll.
				(d)Authorization of
			 appropriationsThere is authorized to be appropriated to the
			 Secretary to carry out this Act $500,000 for each of fiscal years 2012 and
			 2013.
			Amend the title so as to read:
	 A bill to direct the Secretary of the Interior to conduct a
	 technological capability assessment, inventory, and economic feasibility study
	 regarding the recovery of minerals, other than oil and natural gas, from the
	 shallow and deep seabed of the United
	 States..

		December 1, 2011
		Reported with amendments, committed to the Committee of the
		  Whole House on the State of the Union, and ordered to be printed


		II
		111th CONGRESS
		1st Session
		S. 1073
		IN THE SENATE OF THE UNITED STATES

			May 19, 2009
			Mr. Reed introduced the
			 following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To provide for credit rating reforms, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Rating Accountability and
			 Transparency Enhancement Act of 2009 or the
			 RATE Act.
		2.FindingsCongress finds that—
			(1)because of the
			 systemic importance of credit ratings and the reliance placed on them by
			 individual and institutional investors and financial regulators, the activities
			 and performances of credit rating agencies, including nationally recognized
			 statistical rating organizations, are the subject of national public interest,
			 as they are central to capital formation, investor confidence, and the
			 efficient performance of the United States economy;
			(2)credit rating
			 agencies, including nationally recognized statistical rating organizations,
			 play a critical gatekeeper role that is functionally similar to
			 that of securities analysts, who evaluate the quality of securities, and
			 auditors, who review the financial statements of firms, and such role justifies
			 a similar level of public oversight and accountability;
			(3)because credit
			 rating agencies perform evaluative and analytical services on behalf of
			 clients, their activities are fundamentally commercial in character and should
			 be subject to the same standards of liability and oversight as apply to
			 auditors and securities analysts;
			(4)in certain of
			 their roles, particularly in advising arrangers of structured financial
			 products on potential ratings of such products, credit rating agencies face
			 conflicts of interest that need to be carefully monitored and that therefore
			 should be addressed explicitly in legislation in order to give clear authority
			 to the Securities and Exchange Commission;
			(5)in the recent
			 credit crisis, the ratings of structured financial products have proven to be
			 inaccurate, and have contributed to the mismanagement of risks by financial
			 institutions and investors, which impacts the health of the economy in the
			 United States and around the world; and
			(6)credit rating
			 agencies should determine their ratings independently, without regulatory
			 approval of methodologies, in order to avoid overreliance on ratings and to
			 ensure that the rating agencies, rather than the Securities and Exchange
			 Commission, are accountable for such methodologies, except that regulators
			 should have strong authority to ensure that all other aspects of rating agency
			 activities are designed to ensure the highest quality ratings and
			 accountability for those creating them.
			3.Enhanced
			 regulation of nationally recognized statistical rating
			 organizationsSection 15E of
			 the Securities Exchange Act of 1934 (15 U.S.C. 78o–7) is amended—
			(1)in subsection
			 (c)—
				(A)in the second
			 sentence of paragraph (2), by inserting including the requirements of
			 this section, after Notwithstanding any other provision of
			 law,; and
				(B)by adding at the
			 end the following:

						(3)Review of
				internal controls for determining credit ratings
							(A)In
				generalCredit ratings by, and the policies, procedures, and
				methodologies employed by, each nationally recognized statistical rating
				organization shall be reviewed by the Commission to ensure that—
								(i)the nationally
				recognized statistical rating organization has established and documented a
				system of internal controls for determining credit ratings, taking into
				consideration such factors as the Commission may prescribe by rule; and
								(ii)the nationally
				recognized statistical rating organization adheres to such system; and
								(iii)the public
				disclosures of the nationally recognized statistical rating organization
				required under this section about its ratings, methodologies, and procedures
				are consistent with such system.
								(B)Scope of
				reviewsThe Commission shall conduct the reviews required by this
				paragraph—
								(i)for all types of
				credit ratings; and
								(ii)for new credit
				ratings, in a timely manner.
								(C)Manner and
				frequencyThe Commission shall conduct reviews required by this
				paragraph in a manner and with a frequency to be determined by the
				Commission.
							(4)Provision of
				information to the CommissionEach nationally recognized
				statistical rating organization shall make available and maintain such records
				and information, for such a period of time, as the Commission may prescribe, by
				rule, as necessary for the Commission to conduct the reviews under this
				subsection;
						;
				(2)in subsection
			 (d)—
				(A)by inserting
			 fine, after censure, each place that term
			 appears;
				(B)in the subsection
			 heading, by inserting fine, after censure,;
				(C)in paragraph (4),
			 by striking or at the end;
				(D)in paragraph (5),
			 by striking the period at the end and inserting ; or; and
				(E)by adding at the
			 end the following:

						(6)fails to conduct
				sufficient surveillance to ensure that credit ratings remain current, accurate,
				and
				reliable.
						;
				(3)by amending
			 subsection (h) to read as follows:

					(h)Management of
				Conflicts of interest
						(1)Organization
				policies and proceduresEach nationally recognized statistical
				rating organization shall establish, maintain, and enforce written policies and
				procedures reasonably designed, taking into consideration the nature of the
				business of such nationally recognized statistical rating organization and
				affiliated persons and affiliated companies thereof, to address, manage, and
				disclose any conflicts of interest that can arise from such business.
						(2)Governance
				improvements at NRSROEach nationally recognized statistical
				rating organization shall establish governance procedures to manage conflicts
				of interest, consistent with the protection of users of credit ratings, in
				accordance with rules issued by the Commission pursuant to paragraph
				(3).
						(3)Commission
				authorityThe Commission shall issue final rules to prohibit, or
				require the management and disclosure of, any conflicts of interest relating to
				the issuance of credit ratings by a nationally recognized statistical rating
				organization, including—
							(A)conflicts of
				interest relating to the manner in which a nationally recognized statistical
				rating organization is compensated by the obligor, or any affiliate of the
				obligor, for issuing credit ratings or providing related services;
							(B)conflicts of
				interest relating to the provision of consulting, advisory, or other services
				by a nationally recognized statistical rating organization, or any person
				associated with such nationally recognized statistical rating organization, and
				the obligor, or any affiliate of the obligor;
							(C)disclosure of
				business relationships, ownership interests, affiliations of nationally
				recognized statistical rating organization board members with obligors, or any
				other financial or personal interests between a nationally recognized
				statistical rating organization, or any person associated with such nationally
				recognized statistical rating organization, and the obligor, or any affiliate
				of the obligor;
							(D)disclosure of any
				affiliation of a nationally recognized statistical rating organization, or any
				person associated with such nationally recognized statistical rating
				organization, with any person that underwrites securities, entities, or other
				instruments that are the subject of a credit rating; and
							(E)any other
				potential conflict of interest, as the Commission deems necessary or
				appropriate in the public interest or for the protection of users of credit
				ratings.
							(4)Commission
				rulesThe rules issued by the Commission under paragraph (3)
				shall include—
							(A)the establishment
				of a system of payment for each nationally recognized statistical rating
				organization that requires that payments are structured to ensure that the
				nationally recognized statistical rating organization conducts accurate and
				reliable surveillance of ratings over time, and that incentives for accurate
				ratings are in place;
							(B)a prohibition on
				providing credit ratings for structured products that it advised on, in the
				form of assistance, advice, consultation, or other aid that preceded its
				retention by any issuer, underwriter, or placement agent to provide a rating
				for the securities in question (or any assistance provided after such point for
				which additional compensation is paid directly or indirectly);
							(C)requirements that
				a nationally recognized statistical rating organization disclose any
				relationship or affiliation described in subparagraphs (C) and (D) of paragraph
				(3);
							(D)a requirement
				that, in each credit rating report issued to the public, a nationally
				recognized statistical rating organization disclose the type and number of
				ratings it has provided to the obligor or affiliates of the obligor, including
				the fees it has billed for the credit rating and aggregate amount of fees in
				the preceding 2 years that it has billed to the particular obligor or its
				affiliates; and
							(E)any other
				requirement as the Commission deems necessary or appropriate in the public
				interest, or for the protection of users of credit ratings.
							(5)Look-back
				requirement
							(A)Review by
				NRSROIn any case in which an employee of an obligor or an issuer
				or underwriter of a security or money market instrument was employed by a
				nationally recognized statistical rating organization and participated in any
				capacity in determining credit ratings for the obligor or the securities or
				money market instruments of the issuer during the 1-year period preceding the
				date of the issuance of the credit rating, the nationally recognized
				statistical rating organization shall—
								(i)conduct a review
				to determine whether any conflicts of interest of such employee influenced the
				credit rating; and
								(ii)take action to
				revise the rating if appropriate, in accordance with such rules as the
				Commission shall prescribe.
								(B)Review by
				commissionThe Commission shall conduct periodic reviews of the
				look-back policies described in subparagraph (A) and the implementation of such
				policies at each nationally recognized statistical rating organization to
				ensure they are appropriately designed and implemented to most effectively
				eliminate conflicts of interest in this area.
							(6)Periodic
				reviews
							(A)Reviews
				requiredThe Commission shall conduct periodic reviews of
				governance and conflict of interest procedures established under this
				subsection to determine the effectiveness of such procedures.
							(B)Timing of
				reviewsThe Commission shall review and make available to the
				public the code of ethics and conflict of interest policy of each nationally
				recognized statistical rating organization—
								(i)not less
				frequently than once every 3 years; and
								(ii)whenever such
				policies are materially modified or
				amended.
								;
			(4)by amending
			 subsection (j) to read as follows:

					(j)Designation of
				compliance officer
						(1)In
				generalEach nationally recognized statistical rating
				organization shall designate an individual to serve as a compliance
				officer.
						(2)DutiesThe
				compliance officer shall—
							(A)report directly
				to the board of the nationally recognized statistical rating organization (or
				the equivalent thereof) or to the senior officer of the nationally recognized
				statistical rating organization; and
							(B)shall—
								(i)review compliance
				with policies and procedures to manage conflicts of interest and assess the
				risk that such compliance (or lack of such compliance) may compromise the
				integrity of the credit rating process;
								(ii)review
				compliance with internal controls with respect to the procedures and
				methodologies for determining credit ratings, including quantitative and
				qualitative models used in the rating process, and assess the risk that such
				compliance with the internal controls (or lack of such compliance) may
				compromise the integrity and quality of the credit rating process;
								(iii)in consultation
				with the board of the nationally recognized statistical rating organization, a
				body performing a function similar to that of a board, or the senior officer of
				the nationally recognized statistical rating organization, resolve any
				conflicts of interest that may arise;
								(C)be responsible
				for administering the policies and procedures required to be established
				pursuant to this section; and
							(D)ensure compliance
				with securities laws and the rules and regulations issued thereunder, including
				rules promulgated by the Commission pursuant to this section.
							(3)LimitationsNo
				compliance officer designated under paragraph (1), may, while serving in such
				capacity—
							(A)perform credit
				ratings;
							(B)participate in
				the development of rating methodologies or models;
							(C)perform marketing
				or sales functions; or
							(D)participate in
				establishing compensation levels, other than for employees working for such
				officer.
							(4)Other
				DutiesThe compliance officer shall establish procedures for the
				receipt, retention, and treatment of—
							(A)complaints
				regarding credit ratings, models, methodologies, and compliance with the
				securities laws and the policies and procedures required under this section;
				and
							(B)confidential,
				anonymous complaints by employees or users of credit ratings.
							(5)Annual reports
				requiredThe compliance officer shall annually prepare and sign a
				report on the compliance of the nationally recognized statistical rating
				organization with the securities laws and its policies and procedures,
				including its code of ethics and conflict of interest policies, in accordance
				with rules prescribed by the Commission. Such compliance report shall accompany
				the financial reports of the nationally recognized statistical rating
				organization that are required to be furnished to the Commission pursuant to
				this
				section.
						;
			(5)in subsection
			 (k)—
				(A)by striking
			 , on a confidential basis,;
				(B)by striking
			 Each nationally and inserting the following:

						(1)In
				generalEach nationally
						;
				and
				(C)by adding at the
			 end the following:

						(2)ExceptionThe
				Commission may treat as confidential any item furnished to the Commission under
				paragraph (1), the publication of which the Commission determines may have a
				harmful effect on a nationally recognized statistical rating
				organization.
						;
				(6)by amending subsection (p) to read as
			 follows:

					(p)NRSRO
				regulation
						(1)In
				generalThe Commission shall establish an office that administers
				the rules of the Commission with respect to the practices of nationally
				recognized statistical rating organizations in determining ratings, for the
				protection of users of credit ratings and in the public interest, and to ensure
				that credit ratings issued by such registrants are accurate and not unduly
				influenced by conflicts of interest.
						(2)StaffingThe
				office of the Commission established under this subsection shall be staffed
				sufficiently to carry out fully the requirements of this section.
						(3)Rulemaking
				authorityThe Commission shall—
							(A)establish by rule
				fines and other penalties for any nationally recognized statistical rating
				organization that violates the applicable requirements of this title;
				and
							(B)issue such rules
				as may be necessary to carry out this section with respect to nationally
				recognized statistical rating organizations.
							(q)Transparency of
				ratings performance
						(1)Rulemaking
				requiredThe Commission shall, by rule, require that each
				nationally recognized statistical rating organization shall disclose publicly
				information on initial ratings and subsequent changes to such ratings for the
				purpose of providing a gauge of the accuracy of ratings and allowing users of
				credit ratings to compare performance of ratings by different nationally
				recognized statistical rating organizations.
						(2)ContentThe
				rules of the Commission under this subsection shall require, at a minimum,
				disclosures that—
							(A)are comparable
				among nationally recognized statistical rating organizations, so that users can
				compare rating performance across rating organizations;
							(B)are clear and
				informative for a wide range of investor sophistication;
							(C)include
				performance information over a range of years and for a variety of classes of
				credit ratings, as determined by the Commission; and
							(D)are published and
				made freely available by the nationally recognized statistical rating
				organization, on an easily accessible portion of its website and in written
				form when requested by users.
							(r)Credit ratings
				methodologiesThe Commission shall promulgate rules, for the
				protection of users of credit ratings and in the public interest, with respect
				to the procedures and methodologies, including qualitative and quantitative
				models, used by nationally recognized statistical rating organizations that
				require each nationally recognized statistical rating organization to—
						(1)ensure that
				credit ratings are determined using procedures and methodologies, including
				qualitative and quantitative models, that are approved by the board of the
				nationally recognized statistical rating organization, a body performing a
				function similar to that of a board, or the senior officer of the nationally
				recognized statistical rating organization, and in accordance with the policies
				and procedures of the nationally recognized statistical rating organization for
				developing and modifying credit rating procedures and methodologies;
						(2)ensure that when
				major changes to credit rating procedures and methodologies, including to
				qualitative and quantitative models, are made, that the changes are applied
				consistently to all credit ratings to which such changed procedures and
				methodologies apply and, to the extent the changes are made to credit rating
				surveillance procedures and methodologies, they are applied to current credit
				ratings within a time period to be determined by the Commission by rule, and
				that the reason for the change is disclosed publicly;
						(3)notify users of
				credit ratings of the version of a procedure or methodology, including a
				qualitative or quantitative model, used with respect to a particular credit
				rating; and
						(4)notify users of
				credit ratings when a change is made to a procedure or methodology, including
				to a qualitative or quantitative model, or an error is identified in a
				procedure or methodology that may result in credit rating actions, and the
				likelihood of the change resulting in current credit ratings being subject to
				rating actions.
						(s)Transparency of
				credit rating methodologies and information reviewed
						(1)In
				generalThe Commission shall establish a form, to accompany each
				rating issued by a nationally recognized statistical rating
				organization—
							(A)to disclose
				information about assumptions underlying credit rating procedures and
				methodologies, the data that was relied on to determine the credit rating and,
				where applicable, how the nationally recognized statistical rating organization
				used servicer or remittance reports, and with what frequency, to conduct
				surveillance of the credit rating; and
							(B)that can be made
				public and used by investors and other users to better understand credit
				ratings issued in each class of credit rating issued by the nationally
				recognized statistical rating organization.
							(2)FormatThe
				Commission shall ensure that the form established under paragraph (1)—
							(A)is designed in a
				user-friendly and helpful manner for users of credit ratings to understand the
				information contained in the report; and
							(B)requires the
				nationally recognized statistical rating organization to provide the
				appropriate content, as required by paragraph (3).
							(3)ContentEach
				nationally recognized statistical rating organization shall include on the form
				established under this subsection, along with its ratings—
							(A)the main
				assumptions included in constructing procedures and methodologies, including
				qualitative and quantitative models;
							(B)the potential
				shortcomings of the credit ratings, and the types of risks excluded from the
				credit ratings that the registrant is not commenting on (such as liquidity,
				market, and other risks);
							(C)information on
				the reliability, accuracy, and quality of the data relied on in determining the
				ultimate credit rating and a statement on the extent to which key data inputs
				for the credit rating were reliable or limited (including, any limits on the
				reach of historical data, limits in accessibility to certain documents or other
				forms of information that would have better informed the credit rating, and the
				completeness of certain information considered);
							(D)whether and to
				what extent third party due diligence services have been utilized, and a
				description of the information that such third party reviewed in conducting due
				diligence services;
							(E)a description of
				relevant data about any obligor, issuer, security, or money market instrument
				that was used and relied on for the purpose of determining the credit
				rating;
							(F)an explanation or
				measure of the potential volatility for the rating, including any factors that
				might lead to a change in the rating, and the extent of the change that might
				be anticipated under different conditions; and
							(G)additional
				information, including conflict of interest information, as may be required by
				the Commission.
							(4)Due diligence
				services
							(A)Certification
				requiredIn any case in which third party due diligence services
				are employed by a nationally recognized statistical rating organization or an
				issuer or underwriter, the firm providing the due diligence services shall
				provide to the nationally recognized statistical rating organization written
				certification of such due diligence, which shall be subject to review by the
				Commission.
							(B)Format and
				contentThe nationally recognized statistical rating
				organizations shall establish the appropriate format and content for written
				certifications required under subparagraph (A), to ensure that providers of due
				diligence services have conducted a thorough review of data, documentation, and
				other relevant information necessary for the nationally recognized statistical
				rating organization to provide an accurate
				rating.
							;
				and
			(7)by amending
			 subsection (m) to read as follows:

					(m)Accountability
						(1)In
				generalThe enforcement and penalty provisions of this title
				shall apply to a nationally recognized statistical rating organization in the
				same manner and to the same extent as such provisions apply to a registered
				public accounting firm or a securities analyst under the Federal securities
				laws for statements made by them, and such statements shall not be deemed
				forward-looking statements for purposes of section 21E.
						(2)RulemakingThe
				Commission shall issue such rules as may be necessary to carry out this
				subsection.
						.
			4.State of mind in
			 private actionsSection
			 21D(b)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u–4(b)(2)) is
			 amended by inserting before the period at the end the following: ,
			 except that in the case of an action brought under this title for money damages
			 against a nationally recognized statistical rating organization, it shall be
			 sufficient, for purposes of pleading any required state of mind for purposes of
			 such action, that the complaint shall state with particularity facts giving
			 rise to a strong inference that the nationally recognized statistical rating
			 organization knowingly or recklessly failed either to conduct a reasonable
			 investigation of the rated security with respect to the factual elements relied
			 upon by its own methodology for evaluating credit risk, or to obtain reasonable
			 verification of such factual elements (which verification may be based on a
			 sampling technique that does not amount to an audit) from other sources that it
			 considered to be competent and that were independent of the issuer and
			 underwriter.
		5.RegulationsThe Securities and Exchange Commission shall
			 issue final rules and regulations, as required by the amendments made by this
			 Act, not later than 365 days after the date of enactment of this Act.
		6.Study and
			 report
			(a)StudyThe Comptroller General of the United
			 States shall undertake a study of—
				(1)the extent to
			 which rulemaking the Securities and Exchange Commission has carried out the
			 provisions of this Act;
				(2)the
			 appropriateness of relying on ratings for use in Federal, State, and local
			 securities and banking regulations, including for determining capital
			 requirements;
				(3)the effect of
			 liability in private actions arising under the Securities Exchange Act of 1934
			 and the exception added by section 4 of this Act; and
				(4)alternative means
			 for compensating credit rating agencies that would create incentives for
			 accurate credit ratings and what, if any, statutory changes would be required
			 to permit or facilitate the use of such alternative means of
			 compensation.
				(b)ReportNot later than 30 months after the date of
			 enactment of this Act, the Comptroller General shall submit to Congress and the
			 Securities Exchange Commission, a report containing the findings under the
			 study required by subsection (a).


114 HR 783 IH: Zero Tolerance for FGM Act of 2015
U.S. House of Representatives
2015-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 783
		IN THE HOUSE OF REPRESENTATIVES

			February 5, 2015
			Mr. Crowley (for himself and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To address the urgent need for a Federal strategy to ensure that individuals who encounter minors
			 at risk of female genital mutilation are fully prepared to take action to
			 prevent the practice, and individuals who have been subjected to female
			 genital mutilation can seek necessary services, and for other purposes.

 1.Short titleThis Act may be cited as the Zero Tolerance for FGM Act of 2015. 2.FindingsThe Congress finds the following:
 (1)Female genital mutilation (in this Act referred to as FGM) is a harmful traditional practice carried out on an estimated 125 million girls and women around the world.
 (2)If current trends continue, an additional 86 million will face the procedure by 2030, including minors in the United States.
 (3)According to an article which appeared in Public Health Reports (1997 JAN–FEB) entitled Female genital mutilation. Female circumcision. Who is at risk in the U.S.?, relying on estimates derived by the Centers for Disease Control and Prevention, in 1990 over 168,000 girls and women living in the United States had either been, or were at risk of being, subjected to FGM.
 (4)FGM is widely recognized as a violation of the rights of girls. (5)The United Nations, with the support of the United States, adopted a resolution calling for all countries to develop national strategies to end FGM.
 (6)The United Nations declared a goal of fully ending FGM within a generation. (7)The United Nations recognizes International Day for Zero Tolerance of FGM.
 (8)It is illegal to carry out FGM against a minor in the United States. 3.Sense of CongressIt is the sense of the Congress that—
 (1)there is an urgent need for the Secretary of Health and Human Services, in consultation with officials at other relevant Federal departments and agencies, to develop and implement a multi-agency strategy to ensure that—
 (A)individuals who encounter minors at risk of FGM are fully prepared to take action to prevent the practice; and
 (B)individuals who have been subjected to FGM can seek necessary services; (2)the strategy should provide for updating the estimates of the Centers for Disease Control and Prevention on the prevalence of women and girls with female genital mutilation or female circumcision; and
 (3)the strategy should provide for a public awareness campaign, so that the American public understands—
 (A)how to help individuals in danger of being subjected to FGM; and (B)how to address the needs of individuals who have been subjected to it.
 4.ReportNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with officials at relevant Federal departments and agencies, shall submit to the Congress a report on the status of the development and implementation of the strategy described in section 3.


116 HR 4191 IH: Home for the Brave Act of 2019
U.S. House of Representatives
2019-08-16
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. 4191IN THE HOUSE OF REPRESENTATIVESAugust 16, 2019Mr. Carbajal (for himself, Mr. Smucker, Mrs. Davis of California, Mr. Fitzpatrick, and Mr. Cisneros) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo exclude from consideration as income under the housing assistance programs of the Department of
			 Housing and Urban Development amounts received by a family from the
			 Department of Veterans Affairs for service-related disabilities of a
			 member of the family, and for other purposes.

 1.Short titleThis Act may be cited as the Home for the Brave Act of 2019. 2.Exclusion of veterans disability benefits from incomeThe Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended by adding at the end the following new section:

 15.Exclusion of veterans disability benefits from incomeNotwithstanding any other provision of law, any amounts received by any member of a household or family as disability compensation under chapter 11 of title 38, United States Code, or dependency and indemnity compensation under chapter 13 of such title, shall not be considered as income of such household or family for purposes of—
 (1)determining the eligibility of such family or household for assistance under any program for housing assistance administered by the Secretary;
 (2)the amount of benefits payable to or on behalf of such family or household under such program; or (3)the amount of rent paid by such family or household for occupancy of a dwelling unit assisted under any such program..


110 HRES 736 EH: Honoring the 60th anniversary of the

U.S. House of Representatives
2007-10-16
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.

		IV
		110th CONGRESS
		1st Session
		H. RES. 736
		In the House of Representatives, U.
		  S.,

			October 16, 2007

		RESOLUTION
		Honoring the 60th anniversary of the
		  aeronautics research accomplishments embodied in the breaking of the
		  sound barrier.

		Whereas the National Advisory Committee for Aeronautics
			 (NACA), and its successor agency, the National Aeronautics and Space
			 Administration (NASA), developed and sustained the world’s preeminent
			 aeronautics research program after NACA’s formation in 1915;
		Whereas the speed of sound once presented a seemingly
			 impenetrable and dangerous barrier to piloted flight;
		Whereas NACA, the U.S. Air Force, and Bell Aircraft
			 undertook a joint project to develop and test the X–1 aircraft and achieve
			 piloted supersonic flight;
		Whereas on the morning of October 14, 1947, an X–1
			 aircraft piloted by Captain Charles Chuck Yeager was dropped
			 from a B–29 carrier aircraft and broke the sound barrier and
			 achieved supersonic flight for the first time in history;
		Whereas this flight provided proof of the feasibility of
			 piloted supersonic flight, and delivered the data required to improve high
			 speed performance and develop technologies for advanced supersonic aircraft;
			 and
		Whereas subsequent X-plane aeronautics research projects
			 have built on the historic accomplishments of the X–1 aircraft and achieved
			 advances in a wide range of aeronautics research areas: Now, therefore, be
			 it

		That the House of Representatives—
			(1)recognizes and
			 honors the contributions of the scientists and engineers of NACA and its
			 partners who pioneered the technologies to enable supersonic flight;
			(2)recognizes and
			 honors the bravery of Charles Yeager, and the bravery of the many other test
			 pilots who, sometimes at the cost of their lives, enabled the aeronautics
			 developments that made that first supersonic flight possible; and
			(3)recognizes the
			 importance of strong and robust aeronautics research activities to the well
			 being of America.

			Lorraine C. Miller,
			Clerk.


115 HRES 888 IH: Reaffirming support for increased media diversity, expressing support for the recognition of the month of May as “Media Diversity Month”, and encouraging appreciation, awareness, and support for small, independent, diverse, and local media entities.
U.S. House of Representatives
2018-05-10
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.

IV115th CONGRESS2d SessionH. RES. 888IN THE HOUSE OF REPRESENTATIVESMay 10, 2018Mrs. Demings submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONReaffirming support for increased media diversity, expressing support for the recognition of the
			 month of May as Media Diversity Month, and encouraging appreciation, awareness, and support for small, independent, diverse, and local
			 media entities.

 Whereas the principle that an informed and engaged electorate is critical to a vibrant democracy is deeply rooted in our laws of free speech and underpins the virtues on which we established our Constitution, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity … ;
 Whereas an independent, diverse, and local media that provides exposure to a broad range of viewpoints and the ability to contribute to the political debate is central to sustaining that informed engagement;
 Whereas the media entities that control mass communications have emerged as a dominant force in our society and play an outsize role in controlling whether local audiences gain exposure to news and discussions that impact their ability to learn about and debate local, State, and national issues central to the stability and security of our Nation and effectively monitor their representatives;
 Whereas Congress recognized the central role of mass communication and mandated, through enactment of sections 307 and 309 of the Communications Act of 1934, that broadcast stations comply with a fiduciary public interest standard that encourages source, content, and audience diversity on our Nation’s shared telecommunications and media platforms;
 Whereas market pressures are constricting the ability of large media outlets to encourage diversity while also threatening the survival of small independent and diverse media outlets that serve diverse audiences and local media markets;
 Whereas research by the American Society of News Editors, the Radio Television Digital News Association, the Pew Research Center, and others has documented the continued challenges of increasing diversity among all types of media entities;
 Whereas 50 years after the National Advisory Commission on Civil Disorders, better known as the Kerner Commission, concluded that, [t]he painful process of readjustment that is required of the American news media must begin now, people of color and rural populations continue to be underrepresented and stereotyped in the media and, despite comprising over 40 percent of the population, have limited participation in ownership and control of media decision making; and
 Whereas the constriction in small independent and diverse media outlets and limited participation of diverse populations in media ownership and decision making is combining to negatively impact our goal of increasing local civic engagement and civic knowledge through increased voter participation, membership in civic groups, and knowledge of local political and civil information: Now, therefore, be it

 That the House of Representatives— (1)reaffirms its commitment to diversity as a core tenet of the public interest standard in media policy;
 (2)pledges to work with media entities and diverse stakeholders to develop common ground solutions to eliminate barriers to media diversity; and
 (3)establishes National Media Diversity Month, during which efforts are encouraged to promote media diversity appreciation, support, and expansion.


		III
		111th CONGRESS
		2d Session
		S. RES. 463
		IN THE SENATE OF THE UNITED STATES

			March 22 (legislative
			 day, March 19), 2010
			Mr. Menendez (for
			 himself, Mr. Cornyn,
			 Mr. Webb, Mr.
			 Lieberman, Mr. Byrd,
			 Mr. Burris, Mr.
			 Lautenberg, Mr. Hatch,
			 Mr. Kaufman, Mr. McCain, Mr.
			 Merkley, Mr. Feingold,
			 Mrs. Boxer, Mr.
			 Brown of Ohio, Ms. Klobuchar,
			 Mr. Levin, Mr.
			 Casey, and Mr. Cardin)
			 submitted the following resolution; which was considered and agreed
			 to

		RESOLUTION
		Recognizing the cultural and historical
		  significance of Nowruz, expressing appreciation to Iranian-Americans for their
		  contributions to society, and wishing Iranian-Americans and the people of Iran
		  a prosperous new year.

		Whereas Nowruz marks the traditional Iranian New Year,
			 which originated in ancient Persia, and dates back more than 3,000
			 years;
		Whereas Nowruz, meaning a “New Day”, occurs on the vernal
			 equinox and celebrates the arrival of spring;
		Whereas Nowruz symbolizes a time of renewal and community,
			 harkens the departure from the trials and tribulations of the previous year,
			 and brings hope for the New Year;
		Whereas Nowruz is celebrated by nearly 300,000,000
			 Iranians and other peoples all over the world, including in the United States,
			 Iran, and other countries in Central Asia, South Asia, Caucasus, Crimea, and
			 the Balkan regions;
		Whereas Nowruz is celebrated by more than 1,000,000
			 Iranian-Americans of all backgrounds, including those with Baha’i, Christian,
			 Jewish, Muslim, Zoroastrian, and non-religious backgrounds;
		Whereas the people of Iran have a long history of
			 celebrating Nowruz and are congratulated for their bringing in of the New
			 Year;
		Whereas Nowruz embodies the tradition that each
			 individual’s thinking, speaking, and conduct should always be virtuous and the
			 ideal of compassion for our fellow human beings regardless of ethnicity or
			 religion, and symbolizes a time of renewal and community;
		Whereas the United States is a melting pot of ethnicities
			 and religion and Nowruz contributes to the richness of American culture and is
			 consistent with our founding principles of peace and prosperity for all;
		Whereas in 539 B.C., Cyrus the Great established one of
			 the earliest charters on human rights, which abolished slavery and allowed for
			 freedom of religion, and this marker in Iranian history has had significant
			 impact on the respect for human rights that Iranian-Americans carry
			 today;
		Whereas Nowruz serves to remind the people of the United
			 States of the many noteworthy and lasting contributions of Iranian-Americans to
			 the social and economic fabric of society in the United States;
		Whereas Iranian-Americans continue to make contributions
			 in all sectors of public life in the United States, including as government,
			 military, and law enforcement officials working to uphold the Constitution of
			 the United States and to protect all people in the United States;
		Whereas Iranian-Americans are vibrant, peaceful, and
			 law-abiding citizens, many of whom are of the Baha'i, Christian, Jewish,
			 Muslim, and Zoroastrian faiths; and
		Whereas the Iranian-American community continues to enrich
			 the tapestry of the diversity in the United States: Now, therefore, be
			 it

		That the Senate—
			(1)recognizes the cultural and historical
			 significance of Nowruz;
			(2)encourages the
			 peaceful observance of the Nowruz holiday in Iran, and strongly supports the
			 right of all Iranians to exercise freedom of assembly, freedom of expression,
			 and freedom of speech;
			(3)expresses its
			 appreciation for the contributions of Iranian-Americans to society in the
			 United States in observance of Nowruz; and
			(4)wishes
			 Iranian-Americans and the people of Iran and all those who observe this holiday
			 a prosperous new year.