109 HR 1182 IH: Prohibit Predatory Lending Act
U.S. House of Representatives
2005-03-09
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. 1182
IN THE HOUSE OF REPRESENTATIVES

March 9, 2005
Mr. Miller of North Carolina (for himself, Mr. Watt, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend the Truth in Lending Act to impose restrictions and limitations on high-cost mortgages, to revise the permissible fees and charges on certain loans made, to prohibit unfair or deceptive lending practices, and to provide for public education and counseling about predatory lenders, and for other purposes.

1.SHORT TITLE; TABLE OF CONTENTS
(a)Short titleThis Act may be cited as the Prohibit Predatory Lending Act.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents
Sec. 2. Definitions relating to high-cost mortgages
Sec. 3. Amendments to existing requirements for certain mortgages
Sec. 4. Additional requirements for certain mortgages
Sec. 5. Amendment to provision governing correction of errors
Sec. 6. Amendment relating to right of rescission
Sec. 7. Protections for all home loans
Sec. 8. Amendments to civil liability provisions
Sec. 9. Regulations
2.Definitions relating to high-cost mortgages
(a)High-cost mortgage definedSection 103(aa) of the Truth in Lending Act (15 U.S.C. 1602(aa)) is amended by striking all that precedes paragraph (2) and inserting the following:

(aa)High-cost mortgage
(1)Definition
(A)In generalThe term high-cost mortgage, and a mortgage referred to in this subsection, means a consumer credit transaction that is secured by the consumer's principal dwelling, other than a reverse mortgage transaction, if—
(i)in the case of a loan secured—
(I)by a first mortgage on the consumer's principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than 8 percentage points the yield on Treasury securities having comparable periods of maturity on the 15th day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor; or
(II)by a subordinate or junior mortgage on the consumer's principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than 10 percentage points the yield on Treasury securities having comparable periods of maturity on the 15th day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor;
(ii)the total points and fees payable in connection with the loan exceed—
(I)in the case of a loan for $20,000 or more, 5 percent of the total loan amount; or
(II)in the case of a loan for less than $20,000, the lesser of 8 percent of the total loan amount or $1,000; or
(iii)the loan documents permit the creditor to charge or collect prepayment fees or penalties more than 30 months after the loan closing or such fees or penalties exceed, in the aggregate, more than 2 percent of the amount prepaid.
(B)Introductory rates taken into accountFor purposes of subparagraph (A)(i), the annual percentage rate of interest shall be determined based on the following interest rate:
(i)In the case of a fixed-rate loan in which the annual percentage rate will not vary during the term of the loan, the interest rate in effect on the date of consummation of the transaction.
(ii)In the case of a loan in which the rate of interest varies solely in accordance with an index, the interest rate determined by adding the index rate in effect on the date of consummation of the transaction to the maximum margin permitted at any time during the loan agreement.
(iii)In the case of any other loan in which the rate may vary at any time during the term of the loan for any reason, the interest charged on the loan at the maximum rate that may be charged during the term of the loan..
(b)Adjustment of percentage pointsSection 103(aa)(2) of the Truth in Lending Act (15 U.S.C. 1602(aa)(2)) is amended by striking subparagraph (B) and inserting the following new subparagraph:

(B)An increase or decrease under subparagraph (A)—
(i)may not result in the number of percentage points referred to in paragraph (1)(A)(i)(I) being less than 6 percentage points or greater than 10 percentage points; and
(ii)may not result in the number of percentage points referred to in paragraph (1)(A)(i)(II) being less than 8 percentage points or greater than 12 percentage points..
(c)Points and fees defined
(1)In generalSection 103(aa)(4) of the Truth in Lending Act (15 U.S.C. 1602(aa)(4)) is amended—
(A) by striking subparagraph (B) and inserting the following:

(B)all compensation paid directly or indirectly by a consumer or creditor to a mortgage broker from any source, including a mortgage broker that originates a loan in the name of the broker in a table-funded transaction;;
(B)in subparagraph (C)(ii), by striking and after the semicolon at the end;
(C)by redesignating subparagraph (D) as subparagraph (G); and
(D)by inserting after subparagraph (C) the following new subparagraphs:

(D)premiums or other charges payable at or before closing for any credit life, credit disability, credit unemployment, or credit property insurance, or any other accident, loss-of-income, life or health insurance, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract, except that insurance premiums or debt cancellation or suspension fees calculated and paid in full on a monthly basis shall not be considered financed by the creditor;
(E)except as provided in subsection (cc), the maximum prepayment fees and penalties which may be charged or collected under the terms of the loan documents;
(F)all prepayment fees or penalties that are incurred by the consumer if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor; and.
(2)Calculation of points and fees for open-end loansSection 103(aa) of the Truth in Lending Act (15 U.S.C. 1602(aa)) is amended—
(A)by redesignating paragraph (5) as paragraph (6); and
(B)by inserting after paragraph (4) the following new paragraph:

(5)Calculation of points and fees for open-end loansIn the case of open-end loans, points and fees shall be calculated, for purposes of this section and section 129, by adding the total points and fees known at or before closing, including the maximum prepayment penalties which may be charged or collected under the terms of the loan documents, plus the minimum additional fees the consumer would be required to pay to draw down an amount equal to the total credit line..
(d)High cost mortgage lenderSection 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by striking the last sentence and inserting the following new sentence: Any person who originates or brokers 2 or more mortgages referred to in subsection (aa) in any 12-month period, any person who originates 1 or more such mortgages through a mortgage broker in any 12 month period, or, in connection with a table funding transaction of such a mortgage, and any person to whom the obligation is initially assigned at or after settlement shall be considered to be a creditor for purposes of this title..
(e)Bona fide discount loan discount points and prepayment penaltiesSection 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following new subsection:

(cc)Bona fide discount points and prepayment penaltiesFor the purposes of determining the amount of points and fees for purposes of subsection (aa), either the amounts described in paragraphs (1) or (4) of the following paragraphs, but not both, may be excluded:
(1)Exclusion of bona fide discount pointsThe discount points described in 1 of the following subparagraphs shall be excluded from determining the amounts of points and fees with respect to a high-cost mortgage for purposes of subsection (aa):
(A)Up to and including 2 bona fide discount points payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgage's interest rate will be discounted does not exceed by more than 1 percentage point the required net yield for a 90-day standard mandatory delivery commitment for a reasonably comparable loan from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater.
(B)Unless 2 bona fide discount points have been excluded under subparagraph (A), up to and including 1 bona fide discount points payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgage's interest rate will be discounted does not exceed by more than 2 percentage points the required net yield for a 90-day standard mandatory delivery commitment for a reasonably comparable loan from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater.
(2)DefinitionFor purposes of paragraph (1), the term bona fide discount points means loan discount points which are knowingly paid by the consumer for the purpose of reducing, and which in fact result in a bona fide reduction of, the interest rate or time-price differential applicable to the mortgage.
(3)Exception for interest rate reductions inconsistent with industry norms Paragraph (1) shall not apply to discount points used to purchase an interest rate reduction unless the amount of the interest rate reduction purchased is reasonably consistent with established industry norms and practices for secondary mortgage market transactions.
(4)Allowance of conventional prepayment penaltySubsection (aa)(1)(4)(E) shall not apply so as to include a prepayment penalty or fee that is authorized by law other than this title and may be imposed pursuant to the terms of a high-cost mortgage (or other consumer credit transaction secured by the consumer's principal dwelling) if—
(A)the annual percentage rate applicable with respect to such mortgage or transaction (as determined for purposes of subsection (aa)(1)(A)(i))—
(i)in the case of a first mortgage on the consumer's principal dwelling, does not exceed by more than 2 percentage points the yield on Treasury securities having comparable periods of maturity on the 15th day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor; or
(ii)in the case of a subordinate or junior mortgage on the consumer's principal dwelling, does not exceed by more than 4 percentage points the yield on such Treasury securities; and
(B)the total amount of any prepayment fees or penalties permitted under the terms of the high-cost mortgage or transaction does not exceed 2 percent of the amount prepaid..
3.Amendments to existing requirements for certain mortgages
(a)Prepayment penalty provisionsSection 129(c)(2) of the Truth in Lending Act (15 U.S.C. 1639(c)(2)) is amended—
(1)by striking and after the semicolon at the end of subparagraph (C);
(2)by redesignating subparagraph (D) as subparagraph (E); and
(3)by inserting after subparagraph (C) the following new subparagraph:

(D)the amount of the principal obligation of the mortgage exceeds the maximum principal obligation limitation (for the applicable size residence) under section 203(b)(2) of the National Housing Act for the area in which the residence subject to the mortgage is located; and.
(b)No balloon paymentsSection 129(e) of the Truth in Lending Act (15 U.S.C. 1639(e)) is amended to read as follows:

(e)No Balloon PaymentsNo high-cost mortgage may contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This subsection shall not apply when the payment schedule is adjusted to the seasonal or irregular income of the consumer..
(c)No lending without due regard to ability to repaySection 129(h) of the Truth in Lending Act (15 U.S.C. 1639(h)) is amended—
(1)by striking Payment Ability of Consumer.—A creditor shall not and inserting
Payment Ability of Consumer.—
(1)Pattern or practice
(A)In generalA creditor shall not;
(2)by inserting after subparagraph (A) (as so designated by paragraph (1) of this subsection) the following new subparagraph:

(B)Presumption of violationThere shall be a presumption that a creditor has violated this subsection if the creditor engages in a pattern or practice of making high-cost mortgages without verifying or documenting the repayment ability of consumers with respect to such loans.; and
(3)by adding at the end the following new paragraph:

(2)Prohibition on extending credit without regard to payment ability of consumer
(A)In generalA creditor may not extend credit to a consumer under a high-cost mortgage unless a reasonable creditor would believe at the time the loan is closed that the consumer or consumers that are residing or will reside in the residence subject to the mortgage will be able to make the scheduled payments associated with the loan, based upon a consideration of current and expected income, current obligations, employment status, and other financial resources, other than equity in the residence.
(B)Presumption of abilityFor purposes of this subsection, there shall be a rebuttable presumption that a consumer is able to make the scheduled payments to repay the obligation if, at the time the loan is consummated, the consumer's total monthly debts, including amounts under the loan, do not exceed 50 percent of his or her monthly gross income as verified by tax returns, payroll receipts, or other third-party income verification..
4.Additional requirements for certain mortgages
(a)Additional Requirements for Certain MortgagesSection 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended—
(1)by redesignating subsections (j), (k) and (l) as subsections (n), (o) and (p) respectively; and
(2)by inserting after subsection (i) the following new subsections:

(j)Recommended DefaultNo creditor shall recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a high-cost mortgage that refinances all or any portion of such existing loan or debt.
(k)Late fees
(1)In generalNo creditor may impose a late payment charge or fee in connection with a high-cost mortgage—
(A)in an amount in excess of 4 percent of the amount of the payment past due;
(B)unless the loan documents specifically authorize the charge or fee;
(C)before the end of the 15-day period beginning on the date the payment is due, or in the case of a loan on which interest on each installment is paid in advance, before the end of the 30-day period beginning on the date the payment is due; or
(D)more than once with respect to a single late payment.
(2)Coordination with subsequent late feesIf a payment is otherwise a full payment for the applicable period and is paid on its due date or within an applicable grace period, and the only delinquency or insufficiency of payment is attributable to any late fee or delinquency charge assessed on any earlier payment, no late fee or delinquency charge may be imposed on such payment.
(3)Failure to make installment paymentIf, in the case of a loan agreement the terms of which provide that any payment shall first be applied to any past due principal balance, the consumer fails to make an installment payment and the consumer subsequently resumes making installment payments but has not paid all past due installments, the creditor may impose a separate late payment charge or fee for any principal due (without deduction due to late fees or related fees) until the default is cured.
(l)Acceleration of DebtNo high-cost mortgage may contain a provision which permits the creditor, in its sole discretion, to accelerate the indebtedness. This provision shall not apply when repayment of the loan has been accelerated by default, pursuant to a due-on-sale provision, or pursuant to a material violation of some other provision of the loan documents unrelated to the payment schedule.
(m)Restriction on financing points and feesNo creditor may directly or indirectly finance, in connection with any high-cost mortgage, any of the following:
(1)Any prepayment fee or penalty payable by the consumer in a refinancing transaction if the creditor or an affiliate of the creditor is the noteholder of the note being refinanced.
(2)Any points or fees..
(b)Prohibitions on evasionsSection 129 of the Truth in Lending Act (15 U.S.C. 1639 is amended by inserting after subsection (p) (as so redesignated by subsection (a)(1) of this section) the following new subsection:

(q)Prohibitions on evasions, structuring of transactions, and reciprocal arrangementsA creditor may not take any action in connection with a high-cost mortgage—
(1)to structure a loan transaction as an open-end credit plan or another form of loan for the purpose and with the intent of evading the provisions of this title; or
(2)to divide any loan transaction into separate parts for the purpose and with the intent of evading provisions of this title..
(c)Modification or Deferral FeesSection 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after subsection (q) (as added by subsection (b) of this section) the following new subsection:

(r)Modification and deferral fees prohibitedA creditor may not charge a consumer any fee to modify, renew, extend, or amend a high-cost mortgage, or to defer any payment due under the terms of such mortgage, unless the modification, renewal, extension or amendment results in a lower annual percentage rate on the mortgage for the consumer and then only if the amount of the fee is comparable to fees imposed for similar transactions in connection with consumer credit transactions that are secured by a consumer's principal dwelling and are not high-cost mortgages..
(d)Payoff statementSection 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after subsection (r) (as added by subsection (c) of this section) the following new subsection:

(s)Payoff statement
(1)Fees
(A)In generalExcept as provided in subparagraph (B), no creditor or servicer may charge a fee for informing or transmitting to any person the balance due to pay off the outstanding balance on a high-cost mortgage.
(B)Transaction feeWhen payoff information referred to in subparagraph (A) is provided by facsimile transmission or by a courier service, a creditor or servicer may charge a processing fee to cover the cost of such transmission or service in an amount not to exceed an amount that is comparable to fees imposed for similar services provided in connection with consumer credit transactions that are secured by the consumer's principal dwelling and are not high-cost mortgages.
(C)Fee disclosurePrior to charging a transaction fee as provided in subparagraph (B), a creditor or servicer shall disclose that payoff balances are available for free pursuant to subparagraph (A).
(D)Multiple requestsIf a creditor or servicer has provided payoff information referred to in subparagraph (A) without charge, other than the transaction fee allowed by subparagraph (B), on 4 occasions during a calendar year, the creditor or servicer may thereafter charge a reasonable fee for providing such information during the remainder of the calendar year.
(2)Prompt deliveryPayoff balances shall be provided within a reasonable time but in any event no more than 5 business days after receiving a request by a consumer or a person authorized by the consumer to obtain such information..
(e)Pre-Loan Counseling RequiredSection 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after subsection (s) (as added by subsection (d) of this section) the following new subsection:

(t)Pre-Loan Counseling
(1)In generalA creditor may not extend credit to a consumer under a high-cost mortgage without first receiving certification from a counselor that is approved by the Secretary of Housing and Urban Development, or at the discretion of the Secretary, a state housing finance authority, that the consumer has received counseling on the advisability of the loan transaction. Such counselor shall not be employed by the creditor or an affiliate of the creditor or be affiliated with the creditor.
(2)Disclosures required prior to counselingNo counselor may certify that a consumer has received counseling on the advisability of the loan transaction unless the counselor can verify that the consumer has received each statement required (in connection with such loan) by section 129 of this title or by the Real Estate Settlement Procedures Act of 1974 with respect to the transaction.
(3)RegulationsThe Secretary of Housing and Urban Development may prescribe such regulations as the Secretary determines to be appropriate to carry out the requirements of paragraph (1)..
5.Amendment to provision governing correction of errors
(a)Amendment to provision governing correction of errorsSection 130(b) of the Truth in Lending Act (15 U.S.C. 1640(b)) is amended to read as follows:

(b)Correction of errorsA creditor has no liability under this section or section 108 or 112 for any failure to comply with any requirement imposed under this chapter or chapter 5, if—
(1)within 30 days of the loan closing and prior to the institution of any action, the consumer is notified of or discovers the violation, appropriate restitution is made, and whatever adjustments are necessary are made to the loan to either, at the choice of the consumer—
(A)make the loan satisfy the requirements of this chapter; or
(B)change the terms of the loan in a manner beneficial to the consumer so that the loan will no longer be a high-cost mortgage; or
(2)within 60 days of the creditor's discovery or receipt of notification of an unintentional violation or bona fide error as described in subsection (c) and prior to the institution of any action, the consumer is notified of the compliance failure, appropriate restitution is made, and whatever adjustments are necessary are made to the loan to either, at the choice of the consumer—
(A)make the loan satisfy the requirements of this chapter or
(B)change the terms of the loan in a manner beneficial so that the loan will no longer be a high-cost mortgage..
6.Amendment relating to right of rescissionSection 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by inserting after the second sentence the following new sentence: This subsection also shall not bar a person from asserting a right to rescission under section 125, in an action to collect the debt or as a defense to a judicial or nonjudicial foreclosure after the expiration of the time periods for affirmative actions set forth in this section and section 125..
7.Protections for all home loans
(a)In GeneralChapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after section 129 the following new section:

129A.Protections for all home loans
(a)Flipping
(1)In generalNo creditor may knowingly or intentionally engage in the unfair act or practice of flipping.
(2)Flipping definedFor purposes of this subsection, the term flipping means the making of a loan or extension of credit to a consumer which refinances an existing mortgage when the new loan or extension of credit does not have reasonable, tangible net benefit to the consumer considering all of the circumstances, including the terms of both the new and the refinanced loans or credit, the cost of the new loan or credit, and the consumer's circumstances.
(3)Tangible net benefitThe Board may prescribe regulations, in the discretion of the Board, defining the term tangible net benefit for purposes of this subsection.
(b)Single Premium Credit Insurance ProhibitedNo creditor may finance, directly or indirectly, in connection with any consumer credit transaction that is secured by the consumer's principal dwelling, any credit life, credit disability, credit unemployment or credit property insurance, or any other accident, loss-of-income, life or health insurance, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract, except that insurance premiums or debt cancellation or suspension fees calculated and paid in full on a monthly basis shall not be considered financed by the creditor.
(c)Arbitration
(1)In generalA consumer credit transaction that is secured by the consumer’s principal dwelling may not include terms which require arbitration or any other nonjudicial procedure as the method for resolving any controversy or settling any claims arising out of the transaction.
(2)Post-controversy agreementsSubject to paragraph (3), paragraph (1) shall not be construed as limiting the right of the consumer and the creditor to agree to arbitration or any other nonjudicial procedure as the method for resolving any controversy at any time after a dispute or claim under the transaction arises.
(3)No waiver of statutory cause of actionNo provision of any consumer credit transaction that is secured by the consumer’s principal dwelling and no other agreement between the consumer and the creditor shall be applied or interpreted so as to bar a consumer from bringing an action in an appropriate district court of the United States, or any other court of competent jurisdiction, pursuant to section 130 or any other provision of law, for damages or other relief in connection with any alleged violation of this section, any other provision of this title, or any other Federal law..
(b)Clerical amendmentThe table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 129 the following new item:

129A. Protections for all home loans.
8.Amendments to civil liability provisions
(a)Increase in amount of civil money penalties for certain violationsSection 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended, in the matter preceding paragraph (1), by striking an amount equal to the sum and inserting an amount equal to twice the sum.
(b)Statute of limitations extended for section 129 or 129A violationsSection 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) (as amended by section 6 of this Act) is amended—
(1)in the first sentence, by striking Any action and inserting Except as provided in the subsequent sentence, any action;
(2)by inserting after the first sentence the following new sentence: Any action under this section with respect to any violation of section 129 or 129A may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation.; and
(3)in the 4th sentence (as determined taking into account the amendment made by paragraph (2)), by inserting or 129A after section 129.
9.Regulations
(a)In GeneralThe Board of Governors of the Federal Reserve System shall publish regulations implementing this Act and the amendments made by this Act in final form before the end of the 6-month period beginning on the date of enactment of this Act.
(b)Consumer Mortgage Education
(1)RegulationsThe Board may prescribe regulations requiring or encouraging creditors to provide consumer mortgage education to prospective customers or direct such customers to qualified consumer mortgage education or counseling programs in the vicinity of the residence of the consumer.
(2)Coordination with state lawNo requirement established by the Board pursuant to paragraph (1) shall be construed as affecting or superseding any requirement under the law of any State with respect to consumer mortgage counseling or education.


		II
		Calendar No. 664
		109th CONGRESS
		2d Session
		S. 4047
		IN THE SENATE OF THE UNITED STATES

			November 13, 2006
			Mr. DeMint (for himself
			 and Mr. Ensign) introduced the following
			 bill; which was read the first time

			November 14, 2006
			Read the second time and placed on the
			 calendar

		A BILL
		To prohibit the issuance of transportation security cards
		  to individuals who have been convicted of certain crimes.

		1.Short titleThis Act may be cited as the
			 Secure Port Workforce
			 Act.
		2.Prohibition of
			 issuance of transportation security cards to convicted felonsSection 70105 of title 46, United States
			 Code, is amended—
			(1)in subsection
			 (b)(1), by striking decides that the individual poses a security risk
			 under subsection (c) and inserting determines under subsection
			 (c) that the individual poses a security risk; and
			(2)in subsection
			 (c), by amending paragraph (1) to read as follows:

					(1)Disqualifications
						(A)Permanent
				disqualifying criminal offensesExcept as provided under
				paragraph (2), an individual is permanently disqualified from being issued a
				transportation security card under subsection (b) if the individual has been
				convicted, or found not guilty by reason of insanity, in a civilian or military
				jurisdiction of any of the following felonies:
							(i)Espionage or
				conspiracy to commit espionage.
							(ii)Sedition or
				conspiracy to commit sedition.
							(iii)Treason or
				conspiracy to commit treason.
							(iv)A crime listed
				in chapter 113B of title 18, a comparable State law, or conspiracy to commit
				such crime.
							(v)A
				crime involving a transportation security incident. In this clause, a
				transportation security incident—
								(I)is a security
				incident resulting in a significant loss of life, environmental damage,
				transportation system disruption, or economic disruption in a particular area
				(as defined in section 70101 of title 46); and
								(II)does not include
				a work stoppage or other nonviolent employee-related action, resulting from an
				employer-employee dispute.
								(vi)Improper
				transportation of a hazardous material under section 5124 of title 49, or a
				comparable State law;.
							(vii)Unlawful
				possession, use, sale, distribution, manufacture, purchase, receipt, transfer,
				shipping, transporting, import, export, storage of, or dealing in an explosive
				or incendiary device (as defined in section 232(5) of title 18, explosive
				materials (as defined in section 841(c) of title 18), or a destructive device
				(as defined in 921(a)(4) of title 18).
							(viii)Murder.
							(ix)Conspiracy or
				attempt to commit any of the crimes described in clauses (v) through
				(viii).
							(x)A
				violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
				1961 et seq.), or a comparable State law, if 1 of the predicate acts found by a
				jury or admitted by the defendant consists of 1 of the offenses listed in
				clauses (iv) and (viii).
							(xi)Any other felony
				that the Secretary determines to be a permanently disqualifying criminal
				offense.
							(B)Interim
				disqualifying criminal offensesExcept as provided under
				paragraph (2), an individual is disqualified from being issued a biometric
				transportation security card under subsection (b) if the individual has been
				convicted, or found not guilty by reason of insanity, during the 7-year period
				ending on the date on which the individual applies for such or card, or was
				released from incarceration during the 5-year period ending on the date on
				which the individual applies for such a card, of any of the following
				felonies:
							(i)Assault with
				intent to murder.
							(ii)Kidnapping or
				hostage taking.
							(iii)Rape or
				aggravated sexual abuse.
							(iv)Unlawful
				possession, use, sale, manufacture, purchase, distribution, receipt, transfer,
				shipping, transporting, delivery, import, export of, or dealing in a firearm or
				other weapon. In this clause, a firearm or other weapon includes, but is not
				limited to—
								(I)firearms (as
				defined in section 921(a)(3) of title 18); and
								(II)items contained
				on the United States Munitions Import List under 447.21 of title 27 Code of
				Federal Regulations.
								(v)Extortion.
							(vi)Dishonesty,
				fraud, or misrepresentation, including identity fraud.
							(vii)Bribery.
							(viii)Smuggling.
							(ix)Immigration
				violations.
							(x)A
				violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
				1961, et seq.) or a comparable State law, other than a violation listed in
				subparagraph (A)(x).
							(xi)Robbery.
							(xii)Distribution
				of, possession with intent to distribute, or importation of a controlled
				substance.
							(xiii)Arson.
							(xiv)Conspiracy or
				attempt to commit any of the crimes in this subparagraph.
							(xv)Any other felony
				that the Secretary determines to be a disqualifying criminal offense under this
				subparagraph.
							(C)Other potential
				disqualificationsExcept as provided under subparagraphs (A) and
				(B), an individual may not be denied a transportation security card under
				subsection (b) unless the Secretary determines that individual—
							(i)has been
				convicted within the preceding 7-year period of a felony or found not guilty by
				reason of insanity of a felony—
								(I)that the
				Secretary believes could cause the individual to be a terrorism security risk
				to the United States; or
								(II)for causing a
				severe transportation security incident;
								(ii)has been
				released from incarceration within the preceding 5-year period for committing a
				felony described in clause (i);
							(iii)may be denied
				admission to the United States or removed from the United States under the
				Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
							(iv)otherwise poses
				a terrorism security risk to the United
				States.
							.

		November 14, 2006
		Read the second time and placed on the
		  calendar


		II

		109th CONGRESS

		1st Session

		S. 1038

		IN THE SENATE OF THE UNITED STATES

			May 16, 2005

			Mr. Lugar introduced the

			 following bill; which was read twice and referred to the

			 Committee on Agriculture, Nutrition, and

			 Forestry

		A BILL

		To amend the Farm Security and Rural Investment Act of

		  2002 to enhance the ability to produce fruits and vegetables on covered

		  commodity base acres.

		1.Short titleThis Act may be cited as the

			 Farming Flexibility Act of

			 2005.

		2.Production of fruits

			 and vegetables for processing on covered commodity base acresSection 1101 of the Farm Security and Rural

			 Investment Act of 2002 (7 U.S.C. 7911) is amended by adding

			 at the end the following:

				(i)Production of

				fruits or vegetables for processing

					(1)In

				generalSubject to paragraphs (2) and (3), the producers on a

				farm, with the consent of the owner of and any other producers on the farm, may

				reduce the base acres for a covered commodity for the farm if the reduced acres

				are used for the planting and production of fruits or vegetables for

				processing.

					(2)Reversion to

				base acres for covered commodityAny reduced acres of a farm

				devoted to the planting and production of fruits or vegetables during a crop

				year under paragraph (1) shall be included in base acres for the covered

				commodity for the subsequent crop year, unless the producers on the farm make

				the election described in paragraph (1) for the subsequent crop year.

					(3)Recalculation

				of base acres

						(A)In

				generalSubject to subparagraph (B), if the Secretary

				recalculates base acres for a farm, the planting and production of fruits or

				vegetables for processing under paragraph (1) shall be considered to be the

				same as the planting, prevented planting, or production of the covered

				commodity.

						(B)AuthorityNothing

				in this subsection provides authority for the Secretary to recalculate base

				acres for a farm.

						.


109 HR 4389 IH: To amend the Federal Election Campaign Act of 1971 to exempt news stories, commentaries, and editorials distributed through the Internet from treatment as expenditures or electioneering communications under such Act, and for other purposes.
U.S. House of Representatives
2005-11-18
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. 4389
IN THE HOUSE OF REPRESENTATIVES

November 18, 2005
Mr. Miller of North Carolina (for himself and Mr. Conyers) introduced the following bill; which was referred to the Committee on House Administration

A BILL
To amend the Federal Election Campaign Act of 1971 to exempt news stories, commentaries, and editorials distributed through the Internet from treatment as expenditures or electioneering communications under such Act, and for other purposes.

1.Exemption of Internet Commentary From Treatment as Expenditure or Electioneering Communication
(a)Treatment as ExpenditureSection 301(9)(B)(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)(i)) is amended by inserting the Internet or after facilities of.
(b)Treatment as Electioneering CommunicationSection 304(f)(3)(B)(i) of such Act (2 U.S.C. 434(f)(3)(B)(i)) is amended by inserting the Internet or after facilities of.
2.Exemption of Value of Organizing Meetings Through Internet From Treatment as ContributionSection 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended—
(1)by striking or at the end of clause (xiii);
(2)by striking the period at the end of clause (xiv) and inserting ; and; and
(3)by adding at the end the following new clause:

(xv)the value of services provided through the Internet in organizing and coordinating meetings of individuals to discuss a candidate or political committee or to volunteer on behalf of a candidate or political committee, whether the services are provided with or without compensation..


		III

		109th CONGRESS

		1st Session

		S. RES. 339

		IN THE SENATE OF THE UNITED STATES

			December 16, 2005

			Mr. McCain (for himself,

			 Mr. Biden, Mr.

			 Lieberman, and Mr. Durbin)

			 submitted the following resolution; which was considered and agreed

			 to

		 RESOLUTION

		Urging the Government of the Russian

		  Federation to withdraw the first draft of the proposed legislation as passed in

		  its first reading in the State Duma that would have the effect of severely

		  restricting the establishment, operations, and activities of domestic,

		  international, and foreign nongovernmental organizations in the Russian

		  Federation, or to modify the proposed legislation to entirely remove these

		  restrictions.

		Whereas Russian Federation President Putin has stated that

			 modern Russia’s greatest achievement is the democratic process (and) the

			 achievements of our civil society;

		Whereas the unobstructed establishment and free and

			 autonomous operations and activities of nongovernmental organizations and a

			 robust civil society free from excessive government control are central and

			 indispensable elements of a democratic society;

		Whereas the free and autonomous operations of

			 nongovernmental organizations in any society necessarily encompass activities,

			 including political activities, that may be contrary to government

			 policies;

		Whereas domestic, international, and foreign

			 nongovernmental organizations are crucial in assisting the Russian Federation

			 and the Russian people in tackling the many challenges they face, including in

			 such areas as education, infectious diseases, and the establishment of a

			 flourishing democracy;

		Whereas the Government of the Russian Federation has

			 proposed legislation that would have the effect of severely restricting the

			 establishment, operations, and activities of domestic, international, and

			 foreign nongovernmental organizations in the Russian Federation, including

			 erecting unprecedented barriers to foreign assistance;

		Whereas the State Duma of the Russian Federation is

			 considering the first draft of such legislation;

		Whereas the restrictions in the first draft of this

			 legislation would impose disabling restraints on the establishment, operations,

			 and activities of nongovernmental organizations and on civil society throughout

			 the Russian Federation, regardless of the stated intent of the Government of

			 the Russian Federation;

		Whereas the stated concerns of the Government of the

			 Russian Federation regarding the use of nongovernmental organizations by

			 foreign interests and intelligence agencies to undermine the Government of the

			 Russian Federation and the security of the Russian Federation as a whole can be

			 fully addressed without imposing disabling restraints on nongovernmental

			 organizations and on civil society;

		Whereas there is active debate underway in the Russian

			 Federation over concerns regarding such restrictions on nongovernmental

			 organizations;

		Whereas the State Duma and the Federation Council of the

			 Federal Assembly play a central role in the system of checks and balances that

			 are prerequisites for a democracy;

		Whereas the first draft of the proposed legislation has

			 already passed its first reading in the State Duma;

		Whereas President Putin has indicated his desire for

			 changes in the first draft that would correspond more closely to the

			 principles according to which civil society functions; and

		Whereas Russia’s destiny and the interests of her people

			 lie in her assumption of her rightful place as a full and equal member of the

			 international community of democracies: Now, therefore, be it

		That the Senate—

			(1)urges the

			 Government of the Russian Federation to withdraw the first draft of the

			 proposed legislation that would have the effect of severely restricting the

			 establishment, operations, and activities of domestic, international, and

			 foreign nongovernmental organizations in the Russian Federation, or to modify

			 the proposed legislation to entirely remove these restrictions; and

			(2)in the event that

			 the first draft of the proposed legislation is not withdrawn, urges the State

			 Duma and the Federation Council of the Federal Assembly to modify the

			 legislation to ensure the unobstructed establishment and free and autonomous

			 operations and activities of such nongovernmental organizations in accordance

			 with the practices universally adopted by democracies, including the provisions

			 regarding foreign assistance.


115 S3197 IS: SIMPLE Plan Modernization Act
U.S. Senate
2018-07-11
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.

II115th CONGRESS2d SessionS. 3197IN THE SENATE OF THE UNITED STATESJuly 11, 2018Ms. Collins (for herself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to promote retirement savings on behalf of small
			 business
			 employees by making improvements to SIMPLE retirement accounts and easing
			 the transition from a SIMPLE plan to a 401(k) plan, and for other
			 purposes.

 1.Short titleThis Act may be cited as the SIMPLE Plan Modernization Act. 2.Contribution limit for simple IRAs (a)In generalSubparagraph (E) of section 408(p)(2) of the Internal Revenue Code of 1986 is amended—
 (1)by striking amount is and all that follows in clause (i) and inserting “dollar amount is—  (I)$15,500 in the case of an eligible employer described in clause (iii) which had not more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year,
 (II)$15,500 in the case of an eligible employer described in clause (iii) which is not described in subclause (I) and which elects, at such time and in such manner as prescribed by the Secretary, the application of this subclause for the year, and
 (III)$10,000 in any other case., (2)by striking adjustment.—In the case of in clause (ii) and inserting “adjustment.—

 (I)Certain large employersIn the case of, (3)by striking clause (i) in clause (ii) and inserting clause (i)(III), and
 (4)by adding at the end of clause (ii) the following new subclause:  (II)Other employersIn the case of a year beginning after December 31, 2019, the Secretary shall adjust annually the $15,500 amount in subclauses (I) and (II) of clause (i) in the manner provided under subclause (I) of this clause, except that the base period taken into account shall be the calendar quarter beginning July 1, 2018..
 (b)Catch-Up contributionsParagraph (2) of section 414(v) of the Internal Revenue Code of 1986 is amended— (1)in subparagraph (B)—
 (A)by striking the applicable in clause (ii) and inserting except as provided in clause (iii), the applicable, and (B)by adding at the end the following new clause:

 (iii)In the case of an applicable employer plan— (I)which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(I), or
 (II)to which an election under section 408(p)(2)(E)(i)(II) applies for the year (including a plan described in section 401(k)(11) which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(II) and to which such election applies by reason of subparagraphs (B)(i)(I) and (E) of section 401(k)(11)),
								the applicable dollar amount is $4,500., and
 (2)in subparagraph (C)— (A)by striking adjustment.—In the case of and inserting “adjustment.—

 (i)In generalIn the case of, and (B)by adding at the end the following new clause:

 (ii)Amount with respect to small and electing employersIn the case of a year beginning after December 31, 2019, the Secretary shall adjust annually the $4,500 amount in subparagraph (B)(iii) in the manner provided under clause (i), except that the base period taken into account shall be the calendar quarter beginning July 1, 2018..
 (c)Employer matchClause (ii) of section 408(p)(2)(C) of the Internal Revenue Code of 1986 is amended— (1)by striking The term in subclause (I) and inserting Except as provided in subclause (IV), the term,
 (2)by adding at the end the following new subclause:  (IV)Special rule for electing larger employersIn the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, subclause (I) shall be applied for such year by substituting 4 percent for 3 percent., and
 (3)by striking 3 percent each place it appears in subclauses (II) and (III) and inserting the applicable percentage. (d)Increase in nonelective employer contribution for electing larger employersSubparagraph (B) of section 408(p)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:

 (iii)Special rule for electing larger employersIn the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, clause (i) shall be applied for such year by substituting 3 percent for 2 percent..
 (e)Transition ruleParagraph (2) of section 408(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

 (F)2-year grace periodAn eligible employer which had not more than 25 employees who received at least $5,000 of compensation from the employer for 1 or more years, and which has more than 25 such employees for any subsequent year, shall be treated for purposes of subparagraph (E)(i) as having 25 such employees for the 2 years following the last year the employer had not more than 25 such employees, and not as having made the election under subparagraph (E)(i)(II) for such 2 years. Rules similar to the second sentence of subparagraph (C)(i)(II) shall apply for purposes of this subparagraph..
 (f)Amendments apply only if employer has not had another plan within 3 yearsSubparagraph (E) of section 408(p)(2) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following new clause:

 (iii)Employer has not had another plan within 3 yearsAn eligible employer is described in this clause only if, during the 3-taxable-year period immediately preceding the 1st year the employer maintains the qualified salary reduction arrangement under this paragraph, neither the employer nor any member of any controlled group including the employer (or any predecessor of either) established or maintained any plan described in clause (i), (ii), or (iv) of section 219(g)(5)(A) with respect to which contributions were made, or benefits were accrued, for substantially the same employees as are eligible to participate in such qualified salary reduction arrangement..
			(g)Conforming amendments relating to simple 401(k)s
 (1)Subclause (I) of section 401(k)(11)(B)(i) of the Internal Revenue Code of 1986 is amended by inserting (after the application of any election under section 408(p)(2)(E)(i)(II)) before the comma.
 (2)Paragraph (11) of section 401(k) of such Code is amended by adding at the end the following new subparagraph:

 (E)Employers electing increased contributionsIn the case of an employer which applies an election under section 408(p)(2)(E)(i)(II) for purposes of the contribution requirements of this paragraph under subparagraph (B)(i)(I), rules similar to the rules of subparagraphs (B)(iii), (C)(ii)(IV), and (F) of section 408(p)(2) shall apply for purposes of subparagraphs (B)(i)(II) and (B)(ii) of this paragraph..
 (h)Plan forms To be shared with SecretarySubsection (p) of section 408 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

 (11)Plan arrangement and notices to be shared with SecretaryThe trustee or issuer (in the case of an individual retirement annuity) of a simple retirement account shall provide to the Secretary, at the time the qualified salary reduction arrangement is established (or not later than December 31, 2019, in the case of arrangements in effect on the date of the enactment of this paragraph), a copy of the written arrangement described in paragraph (2)(A)..
 (i)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2018. (j)Reports by Secretary (1)In generalThe Secretary of the Treasury shall, not later than December 31, 2019, and annually thereafter, report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and the Workforce of the House of Representatives on the data described in paragraph (2), together with any recommendations the Secretary deems appropriate.
 (2)Data describedFor purposes of the report required under paragraph (1), the Secretary of the Treasury shall collect data and information on—
 (A)the number of plans described in section 408(p) or 401(k)(11) of the Internal Revenue Code of 1986 that are maintained or established during a year,
 (B)the number of participants eligible to participate in such plans for such year, (C)median contribution amounts for the participants described in subparagraph (B),
 (D)the types of investments that are most common under such plans, and (E)the fee levels charged in connection with the maintenance of accounts under such plans.
					Such data and information shall be collected separately for each type of plan.	For purposes of
			 collecting such data, the Secretary of the Treasury may use such data as
			 is otherwise available to the Secretary for publication and may use such
			 approaches as are appropriate under the circumstances, including the use
			 of voluntary surveys and collaboration on studies.3.Employers
			 allowed to replace simple retirement accounts with safe harbor
			 401(k) plans during a year
			(a)In
 generalSection 408(p) of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new paragraph:

					(12)Replacement of
				simple retirement accounts with safe harbor plans during plan year
						(A)In
 generalSubject to the requirements of this paragraph, an employer may elect (in such form and manner as the Secretary may prescribe) at any time during a year to terminate the qualified salary reduction arrangement under paragraph (2), but only if the employer establishes and maintains (as of the day after the termination date) a safe harbor plan to replace the terminated arrangement.
						(B)Combined limits
 on contributionsThe terminated arrangement and safe harbor plan shall both be treated as violating the requirements of paragraph (2)(A)(ii) or section 401(a)(30) (whichever is applicable) if the aggregate elective contributions of the employee under the terminated arrangement during its last plan year and under the safe harbor plan during its transition year exceed the sum of—
 (i)the applicable dollar amount for such arrangement (determined on a full-year basis) under this subsection (after the application of section 414(v)) with respect to the employee for such last plan year multiplied by a fraction equal to the number of days in such plan year divided by 365, and
 (ii)the applicable dollar amount (as so determined) under section 402(g)(1) for such safe harbor plan on such elective contributions during the transition year multiplied by a fraction equal to the number of days in such transition year divided by 365.
							(C)Transition
 yearFor purposes of this paragraph, the transition year is the period beginning after the termination date and ending on the last day of the calendar year during which the termination occurs.
						(D)Safe harbor
 planFor purposes of this paragraph, the term safe harbor plan means a qualified cash or deferred arrangement which meets the requirements of paragraph (11), (12), or (13) of section 401(k)..
			(b)Waiver of 2-Year withdrawal limitation in case of plans converting to 401(k) or 403(b)
 (1)In generalParagraph (6) of section 72(t) of the Internal Revenue Code of 1986 is amended— (A)by striking accounts.—In the case of and inserting “accounts.—

 (A)In generalIn the case of, and (B)by adding at the end the following new subparagraph:

 (B)Waiver in case of plan conversion to 401(k) or 403(b)In the case of an employee of an employer which terminates the qualified salary reduction arrangement of the employer under section 408(p) and establishes a qualified cash or deferred arrangement described in section 401(k) or purchases annuity contracts described in section 403(b), subparagraph (A) shall not apply to any amount which is paid in a rollover contribution described in section 408(d)(3) into a qualified trust under section 401(k) (but only if such contribution is subsequently subject to the rules of section 401(k)(2)(B)) or an annuity contract described in section 403(b) (but only if such contribution is subsequently subject to the rules of section 403(b)(11)) for the benefit of the employee..
 (2)Conforming amendmentSubparagraph (G) of section 408(d)(3) of such Code is amended by striking 72(t)(6) and inserting 72(t)(6)(A). (c)Effective dateThe amendments made by this section shall apply to plan years beginning after December 31, 2018.


115 HRES 762 EH: Providing for consideration of the bill (H.R. 1119) to establish the bases by which the Administrator of the Environmental Protection Agency shall issue, implement, and enforce certain emission limitations and allocations for existing electric utility steam generating units that convert coal refuse into energy, and providing for consideration of the bill (H.R. 1917) to allow for judicial review of any final rule addressing national emission standards for hazardous air pollutants for brick and structural clay products or for clay ceramics manufacturing before requiring compliance with such rule.
U.S. House of Representatives
2018-03-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
115th CONGRESS
2d Session
H. RES. 762
In the House of Representatives, U. S.,

March 7, 2018

RESOLUTION
Providing for consideration of the bill (H.R. 1119) to establish the bases by which the Administrator of the Environmental Protection Agency shall issue, implement, and enforce certain emission limitations and allocations for existing electric utility steam generating units that convert coal refuse into energy, and providing for consideration of the bill (H.R. 1917) to allow for judicial review of any final rule addressing national emission standards for hazardous air pollutants for brick and structural clay products or for clay ceramics manufacturing before requiring compliance with such rule.

That upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 1119) to establish the bases by which the Administrator of the Environmental Protection Agency shall issue, implement, and enforce certain emission limitations and allocations for existing electric utility steam generating units that convert coal refuse into energy. All points of order against consideration of the bill are waived. The amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce; and (2) one motion to recommit with or without instructions.  2.Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 1917) to allow for judicial review of any final rule addressing national emission standards for hazardous air pollutants for brick and structural clay products or for clay ceramics manufacturing before requiring compliance with such rule. All points of order against consideration of the bill are waived. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–62 shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce; and (2) one motion to recommit with or without instructions.

Karen L. Haas,Clerk.


117 S2248 IS: To increase the penalties for making personal information about a Federal law enforcement officer or other Federal officer available to the public.
U.S. Senate
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2248IN THE SENATE OF THE UNITED STATESJune 24, 2021Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo increase the penalties for making personal information about a Federal law enforcement officer or other Federal officer available to the public. 1.Protecting Federal law enforcement officers from doxingSection 119(a) of title 18, United States Code, is amended, in the undesignated matter following paragraph (2), by striking 5 years and inserting 10 years.


		II
		110th CONGRESS
		2d Session
		S. 3697
		IN THE SENATE OF THE UNITED STATES

			November 19, 2008
			Mr. Inhofe introduced
			 the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend the Emergency Economic Stabilization Act to
		  require approval by the Congress for certain expenditures for the Troubled
		  Asset Relief Program.

		1.Approval required for TARP
			 obligationsSection 115 of the
			 Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343)
			 is amended—
			(1)in subsection (a)(3)—
				(A)by striking unless there is enacted,
			 within 15 calendar days of and inserting until there is enacted,
			 not later than 15 calendar days after; and
				(B)by striking
			 , effective upon the expiration of such 15-day period,;
			 and
				(2)in subsection
			 (c)—
				(A)in the subsection
			 heading, by striking Disapproval and inserting
			 Approval;
				(B)in paragraph (1),
			 by striking disapproving and inserting
			 approving;
				(C)in paragraph
			 (2)(C), by striking disapproval and inserting
			 approval; and
				(D)in paragraph
			 (2)(D), by striking disapproves and inserting
			 approves.


115 SRES 654 ATS: Supporting the goals and ideals of National Retirement Security Week, including raising public awareness of the various tax-preferred retirement vehicles, increasing personal financial literacy, and engaging the people of the United States on the keys to success in achieving and maintaining retirement security throughout their lifetimes.
U.S. Senate

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.

III115th CONGRESS2d SessionS. RES. 654IN THE SENATE OF THE UNITED STATESSeptember 26, 2018Mr. Enzi (for himself, Mr. Cardin, Mr. Wyden, Ms. Collins, Mr. Alexander, Mr. Jones, Mr. Young, and Ms. Hassan) submitted the following resolution; which was considered and agreed toRESOLUTIONSupporting the goals and ideals of National Retirement Security Week, including raising public
			 awareness of the various tax-preferred retirement vehicles, increasing
			 personal financial literacy, and engaging the people of the United States
			 on the keys to success in achieving and maintaining retirement security
			 throughout their lifetimes.

 Whereas people in the United States are living longer and the cost of retirement is increasing significantly;
 Whereas Social Security remains the bedrock of retirement income for the great majority of the people of the United States but was never intended by Congress to be the sole source of retirement income for families;
 Whereas recent data from the Employee Benefit Research Institute indicates that, in the United States—
 (1)only approximately 3/5 of workers or the spouses of those workers are saving for retirement; and (2)the amount that workers have saved for retirement is much less than the amount those workers need to adequately fund their retirement years;
 Whereas the financial literacy of workers in the United States is important so that those workers understand the need to save for retirement;
 Whereas saving for retirement is a key component of overall financial health and security during retirement years and the importance of financial literacy in planning for retirement must be advocated;
 Whereas many workers may not— (1)be aware of the various options in saving for retirement; or
 (2)have focused on the importance of, and need for, saving for retirement and successfully achieving retirement security;
 Whereas, although many employees have access through their employers to defined benefit and defined contribution plans to assist the employees in preparing for retirement, many of those employees may not be taking advantage of those plans at all or to the full extent allowed by Federal law;
 Whereas saving for retirement is necessary even during economic downturns or market declines, which makes continued contributions all the more important;
 Whereas all workers, including public and private sector employees, employees of tax-exempt organizations, and self-employed individuals, can benefit from developing personal budgets and financial plans that include retirement savings strategies that take advantage of tax-preferred retirement savings vehicles;
 Whereas effectively and sustainably withdrawing retirement resources throughout the retirement years of an individual is as important and crucial as saving and accumulating funds for retirement; and
 Whereas the week of October 21 through October 27, 2018, has been designated as National Retirement Security Week: Now, therefore, be it

 That the Senate— (1)supports the goals and ideals of National Retirement Security Week, including raising public awareness of the importance of saving adequately for retirement;
 (2)acknowledges the need to raise public awareness of a variety of tax-preferred retirement vehicles that are used by many people in the United States but could be used by more; and
 (3)calls on States, localities, schools, universities, nonprofit organizations, businesses, other entities, and the people of the United States to observe National Retirement Security Week with appropriate programs and activities, with the goal of increasing the retirement savings and personal financial literacy of all people in the United States, thereby enhancing the retirement security of the people of the United States.


I
108th CONGRESS
2d Session
H. R. 4540
IN THE HOUSE OF REPRESENTATIVES

June 9, 2004
Mr. Langevin introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Acid Blue 80.

1.Suspension of duty on acid blue 80
(a)In GeneralSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.32.02Acid Blue 80 Acid Blue 80 (CAS number 4474-24-2) provided for in subheading 3204.12.50Free FreeNo ChangeOn or before 12/31/2006
(b)Effective DateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


116 S882 IS: Presidential Conflicts of Interest Act of 2019
U.S. Senate
2019-03-26
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.

II116th CONGRESS1st SessionS. 882IN THE SENATE OF THE UNITED STATESMarch 26, 2019Ms. Warren (for herself, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mrs. Gillibrand, Ms. Harris, Ms. Hirono, Ms. Klobuchar, Mr. Leahy, Mr. Markey, Mr. Merkley, Mr. Murphy, Mrs. Murray, Mr. Peters, Mr. Reed, Ms. Smith, Ms. Stabenow, Mr. Udall, Mr. Van Hollen, Mr. Whitehouse, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo address financial conflicts of interest of the President and Vice President.

 1.Short titleThis Act may be cited as the Presidential Conflicts of Interest Act of 2019.
		2.Divestiture of personal financial interests of the President and Vice President that pose a
			 potential conflict of interest
			(a)Definitions
 (1)In generalIn this section— (A)the term conflict-free holding means a financial interest described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.);
 (B)the term financial interest posing a potential conflict of interest means a financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President, as applicable, that—
 (i)would constitute a financial interest described in subsection (a) of section 208 of title 18, United States Code—
 (I)if— (aa)for purposes of such section 208, the terms officer and employee included the President and the Vice President; and
 (bb)the President or Vice President, as applicable, participated as described in subsection (a) of such section 208 in relation to such financial interest; and
 (II)determined without regard to any exception under subsection (b) of such section 208; or (ii)may constitute a present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state (including from an entity owned or controlled by a foreign government), within the meaning of article I, section 9 of the Constitution of the United States;
 (C)the term qualified blind trust has the meaning given that term in section 102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless otherwise specified in this Act; and
 (D)the term tax return— (i)means any Federal income tax return and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return for the taxable year; and
 (ii)includes any information return that reports information that does or may affect the liability for tax for the taxable year.
 (2)Applicability of Ethics in Government Act of 1978For purposes of the definition of qualified blind trust in this section, the term supervising ethics officer in section 102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.) means the Director of the Office of Government Ethics.
				(b)Initial financial disclosure
				(1)Submission of disclosure
 (A)In generalNot later than 30 days after assuming the office of President or Vice President, respectively, the President and Vice President shall submit to Congress and the Director of the Office of Government Ethics a disclosure of financial interests.
 (B)Application to sitting President and Vice PresidentFor any individual who is serving as the President or Vice President on the date of enactment of this Act, the disclosure of financial interests shall be submitted to Congress and the Director of the Office of Government Ethics not later than 30 days after the date of enactment of this Act.
					(2)Contents
 (A)PresidentThe disclosure of financial interests submitted under paragraph (1) by the President shall— (i)describe in detail each financial interest of the President, the spouse of the President, or a minor child of the President;
 (ii)at a minimum, include the information relating to each such financial interest that is required for reports under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.); and
 (iii)include the tax returns filed by or on behalf of the President for— (I)the 3 most recent taxable years; and
 (II)each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed.
 (B)Vice PresidentThe disclosure of financial interests submitted under paragraph (1) by the Vice President shall— (i)describe in detail each financial interest of the Vice President, the spouse of the Vice President, or a minor child of the Vice President;
 (ii)at a minimum, include the information relating to each such financial interest that is required for reports under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.); and
 (iii)include the tax returns filed by or on behalf of the Vice President for— (I)the 3 most recent taxable years; and
 (II)each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed.
							(c)Divestiture of financial interests posing a potential conflict of interest
 (1)In generalThe President, the Vice President, the spouse of the President or Vice President, and any minor child of the President or Vice President shall divest of any financial interest posing a potential conflict of interest by transferring such interest to a qualified blind trust.
 (2)Trustee dutiesWithin a reasonable period of time after the date a financial interest is transferred to a qualified blind trust under paragraph (1), the trustee of the qualified blind trust shall—
 (A)sell the financial interest; and (B)use the proceeds of the sale of the financial interest to purchase conflict-free holdings.
					(d)Review by Office of Government Ethics
 (1)In generalThe Director of the Office of Government Ethics shall submit to Congress, the President, and the Vice President an annual report regarding the financial interests of the President, the Vice President, the spouse of the President or Vice President, and any minor child of the President or Vice President.
 (2)ContentsEach report submitted under paragraph (1) shall— (A)indicate whether any financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President is a financial interest posing a potential conflict of interest;
 (B)evaluate whether any previously held financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President that was a financial interest posing a potential conflict of interest was divested in accordance with subsection (c); and
 (C)redact such information as the Director of the Office of Government Ethics determines necessary for preventing identity theft, such as social security numbers or taxpayer identification numbers.
					(e)Enforcement
 (1)In generalThe Attorney General, the attorney general of any State, or any person aggrieved by any violation of subsection (c) may seek declaratory or injunctive relief in a court of competent jurisdiction if—
 (A)the Director of the Office of Government Ethics is unable to issue a report indicating whether the President or the Vice President is in substantial compliance with subsection (c); or
 (B)there is probable cause to believe that the President or the Vice President has not complied with subsection (c).
 (2)Fair market valueIn granting injunctive relief to the plaintiff, the court shall ensure that any divestment procedure shall ensure the fair market return for any asset that is liquidated.
 3.Recusal of appointeesSection 208 of title 18, United States Code, is amended by adding at the end the following:

 (e)(1)Any officer or employee appointed by the President shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is—
 (A)the President who appointed the officer or employee, which shall include any entity in which the President has a substantial interest; or
 (B)the spouse of the President who appointed the officer or employee, which shall include any entity in which the spouse of the President has a substantial interest.
 (2)(A)Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter.
 (B)(i)In this subparagraph, the term Commission means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member.
 (ii)If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may—
 (I)consider the matter without regard to the quorum requirement under such statute; (II)delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or
 (III)designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter.
 (3)Any officer or employee who negligently violates paragraph (1) shall be subject to the penalties set forth in section 216.
 (4)For purposes of this section, the term particular matter shall have the meaning given the term in section 207(i).. 4.Contracts by the President or Vice President (a)AmendmentSection 431 of title 18, United States Code, is amended—
 (1)in the section heading, by inserting the President, Vice President, or a after Contracts by; and (2)in the first undesignated paragraph, by inserting the President or Vice President, after Whoever, being.
 (b)Table of sections amendmentThe table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following:
				431. Contracts by the President, Vice President, or a Member of Congress..
			5.Presidential tax transparency
 (a)In generalTitle I of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1)by inserting after section 102 the following:

						102A.Disclosure of tax returns
 (a)DefinitionsIn this section— (1)the term covered candidate means an individual—
 (A)required to file a report under section 101(c); and (B)who is nominated by a major party as a candidate for the office of President; and
 (2)the term covered individual means— (A)a President required to file a report under subsection (a) or (d) of section 101; and
 (B)an individual who occupies the office of the President required to file a report under section 101(e);
 (3)the term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986; and (4)the term income tax return means, with respect to any covered candidate or covered individual, any return (within the meaning of section 6103(b) of the Internal Revenue Code of 1986) related to Federal income taxes, but does not include—
 (A)information returns issued to persons other than such covered candidate or covered individual, and (B)declarations of estimated tax.
									(b)Disclosure
								(1)Covered individuals
 (A)In generalIn addition to the information described in subsections (a) and (b) of section 102, a covered individual shall include in each report required to be filed under this title a copy of the income tax returns of the covered individual for the 3 most recent taxable years for which a return have been filed with the Internal Revenue Service as of the date on which the report is filed.
 (B)Failure to discloseIf an income tax return is not disclosed under subparagraph (A), the Director of the Office of Government Ethics shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Director of the Office of Government Ethics with a copy of the income tax return.
 (C)Publicly availableEach income tax return submitted under this paragraph shall be filed with the Director of the Office of Government Ethics and made publicly available in the same manner as the information described in subsections (a) and (b) of section 102.
 (D)Redaction of certain informationBefore making any income tax return submitted under this paragraph available to the public, the Director of the Office of Government Ethics shall redact such information as the Director of the Office of Government Ethics, in consultation with the Secretary of the Treasury (or a delegate of the Secretary), determines appropriate.
									(2)Candidates
 (A)In generalNot later than 15 days after the date on which a covered candidate is nominated, the covered candidate shall amend the report filed by the covered candidate under section 101(c) with the Federal Election Commission to include a copy of the income tax returns of the covered candidate for the 3 most recent taxable years for which a return has been filed with the Internal Revenue Service.
 (B)Failure to discloseIf an income tax return is not disclosed under subparagraph (A) the Federal Election Commission shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Federal Election Commission with the income tax return.
 (C)Publicly availableEach income tax return submitted under this paragraph shall be filed with the Federal Election Commission and made publicly available in the same manner as the information described in section 102(b).
 (D)Redaction of certain informationBefore making any income tax return submitted under this paragraph available to the public, the Federal Election Commission shall redact such information as the Federal Election Commission, in consultation with the Secretary of the Treasury (or a delegate of the Secretary) and the Director of the Office of Government Ethics, determines appropriate.
 (3)Special rule for sitting PresidentsNot later than 30 days after the date of enactment of this section, the President shall submit to the Director of the Office of Government Ethics a copy of the income tax returns described in paragraph (1)(A).; and
 (2)in section 104— (A)in subsection (a)—
 (i)in paragraph (1), in the first sentence, by inserting or any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file an income tax return that such individual is required to disclose pursuant to section 102A before the period; and
 (ii)in paragraph (2)(A)— (I)in clause (i), by inserting or falsify any income tax return that such person is required to disclose under section 102A before the semicolon; and
 (II)in clause (ii), by inserting or fail to file any income tax return that such person is required to disclosed under section 102A before the period; (B)in subsection (b), in the first sentence by inserting or willfully failed to file or has willfully falsified an income tax return required to be disclosed under section 102A before the period;
 (C)in subsection (c), by inserting or failing to file or falsifying an income tax return required to be disclosed under section 102A before the period; and (D)in subsection (d)(1)—
 (i)in the matter preceding subparagraph (A), by inserting or files an income tax return required to be disclosed under section 102A after title; and (ii)in subparagraph (A), by inserting or such income tax return, as applicable, after report.
						(b)Authority To disclose information
 (1)In generalSection 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

						(23)Disclosure of return information of Presidents and certain presidential candidates
							(A)Disclosure of returns of Presidents
 (i)In generalThe Secretary shall, upon written request from the Director of the Office of Government Ethics pursuant to section 102A(b)(1)(B) of the Ethics in Government Act of 1978, provide to officers and employees of the Office of Government Ethics a copy of any income tax return of the President which is required to be filed under section 102A of such Act.
 (ii)Disclosure to publicThe Director of the Office of Government Ethics may disclose to the public the income tax return of any President which is required to be filed with the Director pursuant to section 102A of the Ethics in Government Act of 1978.
								(B)Disclosure of returns of certain candidates for President
 (i)In generalThe Secretary shall, upon written request from the Chairman of the Federal Election Commission pursuant to section 102A(b)(2)(B) of the Ethics in Government Act of 1978, provide to officers and employees of the Federal Election Commission copies of the applicable returns of any person who has been nominated as a candidate of a major party (as defined in section 9002(a)) for the office of President.
 (ii)Disclosure to publicThe Federal Election Commission may disclose to the public applicable returns of any person who has been nominated as a candidate of a major party (as defined in section 9002(6)) for the office of President and which is required to be filed with the Commission pursuant to section 102A of the Ethics in Government Act.
 (C)Applicable returnsFor purposes of this paragraph, the term applicable returns means, with respect to any candidate for the office of President, income tax returns for the 3 most recent taxable years for which a return has been filed as of the date of the nomination..
 (2)Conforming amendmentsSection 6103(p)(4) of such Code, in the matter preceding subparagraph (A) and in subparagraph (F)(ii), is amended by striking or (22) and inserting (22), or (23) each place it appears.
 6.Sense of Congress regarding violationsIt is the sense of Congress that a violation of section 2 of this Act or the Ethics in Government Act of 1978 (5 U.S.C. App.) by the President or the Vice President would constitute a high crime or misdemeanor under article II, section 4 of the Constitution of the United States.
 7.Rule of constructionNothing in this Act or an amendment made by this Act shall be construed to violate the Constitution of the United States.
 8.SeverabilityIf any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.


110 HR 5063 IH: To extend the temporary suspension of duty on

U.S. House of Representatives
2008-01-17
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
		110th CONGRESS
		2d Session
		H. R. 5063
		IN THE HOUSE OF REPRESENTATIVES

			January 17, 2008
			Mr. Sestak introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on
		  Acephate.

		1.Acephate
			(a)In
			 generalHeading 9902.25.68 of the Harmonized Tariff Schedule of
			 the United States (relating to Acephate) is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


116 HR 6524 IH: Compensation for the Victims of State Misrepresentations to the World Health Organization Act of 2020
U.S. House of Representatives
2020-04-17
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 CONGRESS2d SessionH. R. 6524IN THE HOUSE OF REPRESENTATIVESApril 17, 2020Mr. Smith of New Jersey (for himself and Mr. Wright) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo provide justice for victims of State misrepresentation to the World Health Organization, and for other purposes.1.Short titleThis Act may be cited as the Compensation for the Victims of State Misrepresentations to the World Health Organization Act of 2020.2.Findings(a)FindingsCongress finds the following:(1)There is a role for an international organization to help mitigate infectious diseases that respect no boundaries.(2)The United States depends on an effective WHO to make good and well informed public health decisions to contain infectious diseases.(3)The WHO has played a critical role in addressing and mitigating infectious diseases, such as the 1979 eradication of smallpox, which eradication the WHO coordinated through a sustained global effort.(4)Without accurate information, the WHO cannot advise Member States properly on the risks posed by infectious diseases.(5)There are credible reports that in 2006, 2009, and 2011 the Government of Ethiopia misrepresented the nature and seriousness of cholera epidemics in that country to the WHO with a view towards minimizing the potential damage to their economy.(A)Those misrepresentations diminished the WHO’s effectiveness and the WHO transmitted inaccurate and misleading information regarding the presence of cholera to participating States.(B)Other Member States relied on the misleading and inaccurate information that the WHO communicated to them to formulate public health policy, resulting in loss of life, injury, and damage to property and commercial interests to citizens outside of Ethiopia as a consequence of that country’s misrepresentations to the WHO.(6)There are credible reports that WHO Member States misrepresented facts concerning the Ebola outbreak to that organization with a view towards minimizing the commercial impact that a widely disseminated understanding of the risks posed by the Ebola epidemic may have caused in their individual economies.(A)Those misrepresentations diminished the WHO’s effectiveness, and the WHO transmitted inaccurate and misleading information regarding the communicability of Ebola to participating States.(B)Other Member States relied on the misleading and inaccurate information that the WHO communicated to them to formulate public health policy, resulting in loss of life, injury, and damage to property and commercial interests to citizens outside of the misrepresenting States as a consequence of those countries’ misrepresentations to the WHO.(7)During the onset of the COVID–19 pandemic, China misrepresented the seriousness and nature of the novel coronavirus to the WHO, with a view towards minimizing the potential damage to their economy and international reputation.(A)Those misrepresentations diminished the WHO’s effectiveness and the WHO transmitted inaccurate and misleading information regarding the communicability of the novel coronavirus to participating States.(B)Other Member States relied on the misleading and inaccurate information that the WHO communicated to them to formulate public health policy, resulting in loss of life, injury, and damage to property and commercial interests to citizens outside of China as a consequence of that country’s misrepresentations to the WHO.3.PurposeThe purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have sustained wrongful death, injury, or damage to property or commercial interests as a result of the misrepresentations of an agent of a sovereign State to the WHO concerning the nature, communicability, or seriousness of an infectious disease.4.Statement of policyIt is the policy of the United States to facilitate the ability of victims of State misrepresentations to the World Health Organization (WHO) that result in death, injury, and damage to property and business interests.5.Responsibility of foreign states for loss of life, injury, or other damages resulting from certain misrepresentations to the World Health Organization(a)In generalSection 1605(a) of title 28, United States Code, is amended by striking in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment; and inserting in which money damages are sought against a foreign state, for personal injury or death, or damage to or loss of property, occurring in the United States as a result of a willful or grossly negligent misrepresentation of information to the World Health Organization of the nature, seriousness, or communicability of an infections disease or other tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment. (b)Effective dateThe amendment made by this section shall take effect 90 days after the date of the enactment of this Act.


113 HR 4608 IH: WARD Act
U.S. House of Representatives
2014-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4608
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2014
			Ms. Lee of California (for herself, Mr. Broun of Georgia, Ms. Slaughter, Mr. Massie, Mr. Hastings of Florida, Mr. Garamendi, Mr. Stockman, Mr. Yoho, Mr. Jones, Mr. Amash, Mr. Posey, Mr. Conyers, and Mr. Ellison) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, 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 repeal the Authorization for Use of Military Force, and for other purposes.

		1.Short titleThis Act may be cited as the War Authorization Review and Determination Act or WARD Act.
		2.Report to Congress
			(a)In generalNot later than 180 days after the date of the enactment of this Act, the President shall submit to
			 Congress, in writing, a report setting forth each operation or other
			 action that is being carried out pursuant to the Authorization for Use of
			 Military Force (Public Law 107–40; 50 U.S.C. 1541 note) as of the date of
			 the submission of the report.
			(b)FormThe report shall be submitted in unclassified form but may contain a classified annex as
			 appropriate.
			3.Operations and other actions under Authorization for Use of Military Force
			(a)In generalWithin 60 days after a report is submitted pursuant to section 2(a), the President shall terminate
			 each operation or other action described in the report, unless a joint
			 resolution described in subsection (b) with respect to the operation or
			 other action is enacted into law in accordance with such subsection.
			(b)Joint resolution described
				(1)In generalFor purposes of this section, a joint resolution referred to in subsection (a) is a joint
			 resolution of the two Houses of Congress, which does not contain a
			 preamble, and the sole matter after the resolving clause of which is as
			 follows: That Congress approves the ____ as contained in the report submitted to Congress pursuant to
			 section 2(a) of the War Authorization Review and Determination Act on
			 _____. with the first blank space being filled with a description of the applicable operation (or
			 operations) or other action (or other actions) and the second blank space
			 being filled with the appropriate date.
				(2)Expedited congressional proceduresThe provisions of section 6 of the War Powers Resolution (50 U.S.C. 1545) shall apply to a joint
			 resolution described in paragraph (1) to the same extent as such section 6
			 applies to a joint resolution or bill under that section.
				4.Repeal of Authorization for Use of Military Force
			(a)In generalThe Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) is hereby
			 repealed.
			(b)Effective dateThe repeal contained in subsection (a)—
				(1)takes effect on the date that is 240 days after the date of the enactment of this Act; and
				(2)applies with respect to each operation or other action that is being carried out pursuant to the
			 Authorization for Use of Military Force initiated before such effective
			 date.
				5.Rules of construction
			(a)In generalNothing in this Act—
				(1)shall be construed as limiting or prohibiting any authority of the President under any provision of
			 law other than the Authorization for Use of Military Force (Public Law
			 107–40; 50 U.S.C. 1541 note); or
				(2)shall be construed as limiting or prohibiting any authority of the President to respond to, or to
			 prevent imminent attacks, on the United States, its territorial
			 possessions, its embassies, its consulates, or its Armed Forces abroad,
			 consistent with and limited to the President’s constitutional powers and
			 responsibilities as Commander-in-Chief.
				(b)Authorization for future operations or other actionsNothing in this Act shall be construed as limiting or prohibiting any authority of the President to
			 submit to Congress proposed legislation to authorize operations or other
			 actions relating to the use of military force initiated on or after the
			 effective date described in section 4(a).


113 HRES 774 IH: Honoring the life, accomplishments, and legacy of Louis Zamperini and expressing condolences on his passing.
U.S. House of Representatives
2014-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		2d Session
		H. RES. 774
		IN THE HOUSE OF REPRESENTATIVES

			December 8, 2014
			Mr. Reed (for himself and Ms. Waters) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

		RESOLUTION
		Honoring the life, accomplishments, and legacy of Louis Zamperini and expressing condolences on his
			 passing.

		Whereas Louis Silvie Lou Zamperini was born on January 26, 1917, to Anthony and Louise Zamperini, in Olean, New York;
		Whereas Louis Zamperini represented the United States in the 1936 Olympics in Berlin as a distance
			 runner;
		Whereas Louis Zamperini graduated from the University of Southern California in 1940 and enlisted
			 in the United States Army Air Corps in 1941, earning the rank of
			 lieutenant;
		Whereas in May 1943, Louis Zamperini’s B–24 bomber malfunctioned and crashed during a
			 search-and-rescue mission over the Pacific Ocean, leaving him and 2 other
			 individuals stranded;
		Whereas Louis Zamperini survived for 47 days adrift in a life raft with Second Lieutenant Russell
			 Phillips before being captured by Japanese forces and placed in a prisoner
			 of war camp;
		Whereas for more than 2 years, during his imprisonment, Louis Zamperini endured brutal treatment
			 and forced labor with courage and resilience;
		Whereas upon the conclusion of World War II, Louis Zamperini was released from the prisoner of war
			 camp in September 1945;
		Whereas Louis Zamperini was promoted to captain and awarded multiple distinguishing military
			 honors, including the Purple Heart, the Distinguished Flying Cross, and
			 the Prisoner of War Medal;
		Whereas Louis Zamperini was given the honor of carrying the Olympic flame in 1984, 1996, and 1998;
		Whereas in the years after World War II, Louis Zamperini traveled as an inspirational public
			 speaker, using his experiences to inspire a message of forgiveness;
		Whereas the airport in Torrance, California, was named Zamperini Field in honor of Louis Zamperini; and
		Whereas Louis Zamperini leaves a legacy as a national hero and an inspiration to future
			 generations: Now, therefore, be it

		That the House of Representatives—
			(1)honors the life, accomplishments, and legacy of Louis Zamperini; and
			(2)extends heartfelt sympathies and condolences to the family of Louis Zamperini.