FairBol

@TPatterson: The GOP is "obstructionist", @TaraJaffeMcDaniel? We've submitted and passed many common sense bills through the Senate this session.  These will help the American people.  Nice spin attempt, though! #SpinDoctor #LetsKeepGoing

@TPatterson: Here's my stance on same-day voter registration....deadlines are in place for a reason.  If you don't get your registration in by the deadline, you should be out of luck.  Keep voting free and fair!  #BallotSecurity  #FreeAndFair

@TPatterson: Just heard about a "massive explosion" in Jordan's capital of Amman (via @AssociatedPress).  Very worried about the safety of the VP.  Will update as I get more info.  #prayersup

So I tried to make this bill somewhat easy to read....not sure if I accomplished that, though.  Anywho, here's another one.  

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IN THE SENATE OF THE UNITED STATES

 

Mr. PATTERSON, for himself with thanks to Mr. DUFFY, introduces

 

A BILL

 

To establish a fund to make payments to the Americans held hostage in Iran and their immediate family members, who are identified as members of the proposed class in case number 1:00–CV–03110 (EGS) of the United States District Court for the District of Columbia, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

 

SECTION 1. SHORT TITLE. 

 

This Act may be cited as the "Justice for Former American Hostages in Iran Act" .  

 

SECTION 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.

 

(a) Sense Of Congress.—It is the sense of Congress that ensuring justice for United States victims of acts of terrorism by Iran who hold legal judgments against Iran, and for those who have been denied access to such judgments, is of paramount importance and should be expeditiously addressed.

 

(b) Establishment.—There is established in the Treasury a fund, to be known as the “American Hostages in Iran Compensation Fund” (in this section referred to as the “Fund”), for the purposes of—

 

  (1) making payments to the Americans held hostage in Iran and their immediate family members, who are identified as members of the proposed class in case number 1:00–CV–03110 (EGS) of the United States District Court for the District of Columbia; and

 

  (2) satisfying the claims against Iran relating to the taking of hostages and treatment of personnel of the United States embassy in Tehran, Iran, from November 4, 1979, to January 20, 1981.

 

 

(c) Funding.—

 

  (1) Imposition Of Surcharge.—

 

    (A) In General.—There is imposed a surcharge equal to 30 percent of the amount of—

 

      (i) any fine or monetary penalty imposed, in whole or in part, for a violation of a law or regulation specified in subparagraph (B) committed on or after the date of the enactment of this Act; or

 

      (ii) the monetary amount of a settlement entered into by a person with respect to a suspected violation of a law or regulation specified in subparagraph (B) related to activities undertaken on or after such date of enactment.

 

    (B) Laws And Regulations Specified.—A law or regulation specified in this subparagraph is any law or regulation that provides for a civil or criminal fine or monetary penalty for any economic activity relating to Iran that is administered by the Department of State, the Department of the Treasury, the Department of Justice, the Department of Commerce, or the Department of Energy.

 

    (C) Termination Of Deposits.—The imposition of the surcharge under subparagraph (A) shall terminate on the date on which all amounts described in subsection (d)(2) have been distributed to all recipients described in that subsection.

 

    (D) Rule Of Construction.—Nothing in this paragraph shall be construed to require a person that is found to have violated a law or regulation specified in subparagraph (B) to pay a surcharge under subparagraph (A) if that person has not been assessed a fine or monetary penalty described in clause (i) of subparagraph (A) or entered in to a settlement described in clause (ii) of that subparagraph for that violation.

 

 

  (2) Deposits Into Fund; Availability Of Amounts.—

 

    (A) Deposits.—The Secretary of the Treasury shall deposit into the Fund all surcharges collected pursuant to paragraph (1)(A), all contributions collected pursuant to paragraph (3), and any other resources made available pursuant to paragraph (4).

 

    (B) Payment Of Surcharge To Secretary Of The Treasury.—A person upon which a surcharge is imposed under paragraph (1)(A) shall pay the surcharge to the Secretary without regard to whether the fine or penalty with respect to which the surcharge is imposed—

 

      (i) is paid directly to the Federal agency that administers the law or regulation pursuant to which the fine or penalty is imposed; or

 

      (ii) is deemed satisfied by a payment to another Federal agency.

 

    (C) Availability Of Amounts In Fund.—Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (d).

 

 

  (3) Contributions.—The President is authorized to accept such amounts as may be contributed by individuals, business concerns, governments, or other entities for payments under this Act and such amounts may be deposited directly into the Fund.

 

 

  (4) Other Resources.—The President may identify and use other funds available for compensating claims under this Act and may deposit such amounts into the Fund.

 

(d) Distribution Of Funds.—

 

  (1) Administration Of Fund.—Payments from the Fund shall be administered by the Secretary of State in accordance with such rules and procedures as the Secretary may prescribe.

 

  (2) Payments.—Subject to paragraphs (3) and (4), payments shall be made from the Fund to the following recipients in the following amounts:

 

    (A) To each living former hostage identified as a member of the proposed class described in subsection (b)(1), $6,750 for each day of captivity of the former hostage.

 

    (B) (i) Except as provided in clause (ii), to the estate of each deceased former hostage identified as a member of the proposed class described in subsection (b)(1), $6,750 for each day of captivity of the former hostage.

 

    (ii) If the estate of a deceased former hostage identified as a member of the proposed class described in subsection (b)(1) has no immediate direct heirs as of the date of the enactment of this Act, amounts from the Fund shall be paid to the heirs at law as determined by the intestacy laws of the State of the deceased former hostage at the time of death of the deceased former hostage.

 

    (C) To each spouse of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the spouse is identified as a member of that proposed class, $600,000.

 

    (D) To the estate of each deceased spouse of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the spouse is identified as a member of that proposed class, $600,000.

 

    (E) To each child of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the child is identified as a member of that proposed class, $600,000.

 

    (F) To the estate of each deceased child of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the child is identified as a member of that proposed class, $600,000.

 

 

 

  (3) Priority.—Payments from the Fund shall be distributed under paragraph (2) in the following order:

 

    (A) First, to each living former hostage described in paragraph (2)(A).

 

    (B) Second, to the estate of each deceased former hostage described in paragraph (2)(B)(i).

   

    (C) Third, to each spouse of a former hostage described in paragraph (2)(C).

 

    (D) Fourth, to the estate of each deceased spouse of a former hostage described in paragraph (2)(D).

 

    (E) Fifth, to each child of a former hostage described in paragraph (2)(E).

 

    (F) Sixth, to the estate of each deceased child of a former hostage described in paragraph (2)(F).

 

    (G) Seventh, to the heirs at law of the estate of each deceased former hostage described in paragraph (2)(B)(ii).

 

 

 

 (4) Consent of Recipient.—A payment to a recipient from the Fund under paragraph (2) shall be made only after receiving the consent of the recipient.

 

   (e) Deposit Of Remaining Funds Into The Treasury.—

 

    (1) In General.—Any amounts remaining in the Fund after the date specified in paragraph (2) shall be deposited in the general fund of the Treasury.

 

    (2) Date Specified.—The date specified in this paragraph is the later of—

 

      (A) the date on which all amounts described in subsection (d)(2) have been made to all recipients described in that subsection; or

 

      (B) the date that is 5 years after the date of the enactment of this Act.

 

 

 

(f) No Judicial Review.—Decisions made under this Act shall not be subject to review in any judicial, administrative, or other proceeding.

 

(g) Tax Treatment Of Payments.—

 

  (1) Individuals.—In the case of an individual described in subsection (d)(2) who receives a payment pursuant to this Act, such payment shall not be subject to any tax under subtitle A of the Internal Revenue Code of 1986 (relating to income taxes).

 

  (2) Estates.—In the case of an estate described in subsection (d)(2) that receives a payment pursuant to this Act, a transfer of such payment by the estate shall not be subject to any tax imposed by chapter 11 of such Code (relating to estate tax) or chapter 13 of such Code (relating to tax on generation-skipping transfers).

 

 

 

  (h) Report To Congress On Completion Of Payments.—Not later than 60 days after determining that a law or regulation specified in subsection (c)(1)(B) is terminated or suspended or that amounts in the Fund will be insufficient for the payment of all amounts described in subsection (d)(2) to all recipients described in that subsection by the date that is 444 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress recommendations to expedite the completion of the payment of those amounts.

 

 

 

SECTION 3. WHEN EFFECTIVE.

 

This Act shall take effect immediately upon signing by the President of the United States.  

 

Thinking of writing a bill based on this.  

The one issue I have is with Section 2, Clause A, sub-clause 2, part A.  I'm concerned with balancing one's 5th Amendment rights; that is, against the right to refuse to employ someone who exercises the right to refuse consent.  

What do you guys think? Which right takes precedence here, the former (5th Amendment right) or the latter?

Aye.

Aye.  

Aye

I'm back.  Not a hundred percent yet, as I'm still a bit sore....but I'm here.  

On 8/9/2021 at 8:59 PM, FairBol said:

Posting a tentative LOA....from about 1 or 1:30 PM tomorrow until about Wednesday evening.  Having a few teeth pulled, and will likely be loopy until at least then.  Depending on how it goes, I may be out a bit longer....I'll update once I know where I stand.  

I have returned, though probably not to full action yet.  

Shell

Sorry to do it, folks....but I have to post a tentative LOA.  

Quote

Posting a tentative LOA....from about 1 or 1:30 PM tomorrow until about Wednesday evening.  Having a few teeth pulled, and will likely be loopy until at least then.  Depending on how it goes, I may be out a bit longer....I'll update once I know where I stand.  

Anywho, I'll be out of commission for a little bit.  Talk to you once I get back in my right mind, LOL. 

https://virtualgovernment.us/topic/14477-r9-leaves-of-absence/?do=findComment&comment=109844

Posting a tentative LOA....from about 1 or 1:30 PM tomorrow until about Wednesday evening.  Having a few teeth pulled, and will likely be loopy until at least then.  Depending on how it goes, I may be out a bit longer....I'll update once I know where I stand.  

Aye

Aye

@TPatterson: Regarding the matter of Sotomayor for CJ , I understand @SenEdithKelly's disappointment.  However, the #MajorityRules....and the Motion to Commit gets a nay from me.  #ElectionsHaveConsequences

Nay.

Madame President,

I am not sure if it is in order to offer an amendment at this time.  If this is indeed in order, I offer the following amendment.  

In Section 102, Clause C, edit said clause to read:

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"...investigators will submit to the Court the identity of the target as well as the facts supporting such conclusion".

I yield.    

Nay.  

Aye.

Aye.

3 minutes ago, SWMissourian said:

8 minutes ago, FairBol said:

Second, as to the allegation of inactivity....I was playing government simulation games before you were even a thought in your mother's brain, probably.  Have you ever heard of the AOL Senate Simulation? USGS, maybe? I simmed in both groups.  Do me a favor...before you start running your mouth, know at least a little bit of what it is you're talking about.  

What does this have to do with anything? AOL is irrelevant to the topic at hand, as is your illustrious, prestigious govsim heritage that apparently matters so much to you. 

The thing is, unless you were simming back then (and I don't think you were), you have no room to talk about how I allegedly "barely play the game".  Just a thought, but maybe you should play the game, and STFU.  

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You haven’t earned the right to just vote against the party willy-nilly. 

As I explained in a previous post, I vote for principle over party.  If you don't like that, well....you do you, buddy.  

BTW, have you figured out where that Level 3 whip was posted yet? Hmmm....

1 minute ago, SWMissourian said:

So let me get this straight: you’re going to barely play the game and provide nothing of value to the party, and at the same time, you’ll fuck us over on vital votes in the Senate by breaking a Level 3 whip and communicating such to no one? 
 

Plenty of justification was made for the tax in the press and in the party discord, where we talked about it extensively. You chose to side with the Democrats and throw our jobs bill out in the cold. 

First of all, don't give me that crap about how I "barely play the game".  Let me explain something to you.  I'm not simply sitting on my ass all day....I have a job, and I have a life (not to mention a dental appointment to deal with a tooth infection).  This is just a game.  Real life considerations come before game considerations in priority.  They always have, and they always will.  

Second, as to the allegation of inactivity....I was playing government simulation games before you were even a thought in your mother's brain, probably.  Have you ever heard of the AOL Senate Simulation? USGS, maybe? I simmed in both groups.  Do me a favor...before you start running your mouth, know at least a little bit of what it is you're talking about.  

Third, you say this was a "Level 3 whip".  Please show me where in the Whip Levels thread that whip was ever mentioned....because I don't see it.  

One last point.  As the saying goes, "it is better to be silent and thought a fool, than to speak, and remove all doubt".  Perhaps in the future, you should keep this in mind.  

"No (I) didn't"? Then tell me, what the heck is this?

An official communication from the Office of Thomas Patterson (posted here because I'm not quite sure where else it would go).  

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To: Office of Personnel Management

From: Senator Thomas Patterson, R-GA

 

To Whom it May Concern,

 

According to provisions set forth in Executive Order 9586 (dated July 6, 1945), the Presidential Medal of Freedom is awarded to those persons who have made "an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors".  

 

In accordance with Section 4, Clause A of Executive Order 11085 (dated February 22, 1963), which reads:

 

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"Any individual or group may make recommendations to the (Distinguished Civilian Service Awards) Board with respect to the award of the (Presidential) Medal (of Freedom), and the Board shall consider such recommendations."

 

And pursuant to the provisions of Executive Order 12107 (dated December 28, 1978), which (in part) designates the Director of the Office of Personnel Management as replacing the Board,

 

I hereby recommend and nominate Mr. Peter Jennings (posthumously) for the awarding of the Presidential Medal of Freedom. 

 

Sincerely,

 

Senator Thomas Patterson (R-GA)