United States · United States Congress · 7 March 2023
Access to Small Business Investor Capital Act This bill allows a registered investment company to exclude from the calculation of acquired fund fees and expenses those incurred indirectly from investment in a business development company. Instead, such fees and expenses may be disclosed in a footnote. Acquired fund fees and expenses is a required line item on a fund's fee schedule that provides the operating expenses of the fund.
United States · United States Congress · 3 March 2023
Modernizing Opioid Treatment Access Act This bill expands access to methadone for an individual's unsupervised use to treat opioid use disorder (OUD). (Typically, methadone must be dispensed to individuals in person through opioid treatment programs.) The bill (1) waives provisions of the Controlled Substances Act that require qualified practitioners to obtain a separate registration from the Drug Enforcement Administration (DEA) to prescribe and dispense methadone to treat OUD, and (2) requires the Substance Abuse and Mental Health Services Administration and the DEA to jointly report on the waiver. Additionally, the bill directs the DEA to register certain practitioners to prescribe methadone that is dispensed through a pharmacy for an individual's unsupervised use. Qualified practitioners must be licensed or authorized to prescribe controlled substances, and they must either work for an opioid treatment program or be a physician or psychiatrist with a specialty certification in addiction medicine. A state may request that the DEA stop registering such practitioners in its jurisdiction. Individuals who receive methadone for unsupervised use must continue to have access to other care through an opioid treatment program. For purposes of the waiver, the bill also requires the exclusive use of electronic prescribing, establishes prescription limits, and sets out requirements for informed consent. Further, the bill permits the use of telehealth to provide methadone treatment and related services if the state and the Department of Health and Human Services jointly determine the use is feasible and appropriate.
United States · United States Congress · 3 March 2023
This resolution expresses support for the designation of COVID-19 Victims and Survivors Memorial Day to memorialize the lives lost to the COVID-19 pandemic.
United States · United States Congress · 1 March 2023
Sunshine Protection Act of 2023 This bill makes daylight saving time the new, permanent standard time. States with areas exempt from daylight saving time may choose the standard time for those areas.
United States · United States Congress · 1 March 2023
Major Richard Star Act This bill provides that combat-disabled uniformed services retirees with fewer than 20 years of creditable service may concurrently receive, without reduction, veterans' disability compensation and retired pay or combat-related special compensation.
United States · United States Congress · 1 March 2023
Law Enforcement Officers Equity Act This bill expands the definition of law enforcement officer under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS). Specifically, the bill expands the definition to include (1) federal employees whose duties encompass the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property. The bill deems service performed by an incumbent law enforcement officer on or after the enactment date of this bill to be service performed as a law enforcement officer for retirement purposes. The past service of such incumbents shall be treated as service performed by a law enforcement officer for retirement purposes only if a written election is submitted to the Office of Personnel Management within five years after the enactment of this bill or before separation from government service, whichever is earlier. An incumbent who makes an election before the enactment of this bill may pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. A law enforcement officer shall not be subject to mandatory separation during the three-year period beginning on the enactment of this bill.
United States · United States Congress · 1 March 2023
Federal Employees Civil Relief Act This bill establishes a framework to temporarily suspend certain judicial and administrative proceedings against a federal employee or contractor during a shutdown. Under the bill, a shutdown is a period in which (1) there is more than a 24-hour lapse in appropriations for any federal agency or department because a regular appropriations bill or a continuing resolution has not been enacted, or (2) the debt of the federal government is greater than the statutory limit. A federal worker (i.e., an employee of a government agency or contractor) who is furloughed or required to work without pay during a shutdown may apply to a court for a temporary stay, postponement, or suspension with respect to any payment of rent, mortgage, tax, fine, penalty, insurance premium, student loan repayment, or other civil obligation or liability that the worker owes or would owe during the duration of the shutdown. The bill includes related provisions that restrict evictions, foreclosures, the enforcement of liens, and the termination of insurance policies during a shutdown. It also provides for the deferral of federal income taxes and student loan payments during a shutdown. The Department of Justice may commence a civil action against any person who engages in (1) a pattern or practice of violating the requirements of this bill, or (2) a violation that raises an issue of significant public importance. A person aggrieved by a violation of this bill's requirements may also bring a private right of action.
United States · United States Congress · 1 March 2023
Military Spouse Hiring Act This bill expands the Work Opportunity Tax Credit (WOTC) to include the hiring of a qualified military spouse. (The WOTC permits employers who hire individuals who are members of a targeted group such as qualified veterans, ex-felons, or long-term unemployment recipients to claim a tax credit equal to a portion of the wages paid to those individuals.) A qualified military spouse is any individual who is certified by the designated local agency as being (as of the hiring date) a spouse of a member of the Armed Forces.
United States · United States Congress · 28 February 2023
Decreasing Emergency Railroad Accident Instances Locally Act or the DERAIL Act This bill requires the Department of Transportation (DOT) to expand the statutory definition of a high-hazard flammable train (HHFT), thereby subjecting more trains to additional safety requirements. Specifically, DOT must expand the definition of HHFT to mean a train transporting one or more loaded tank cars of a Class 3 flammable liquid (e.g., benzene residue) or a Class 2 flammable gas (e.g., vinyl chloride) and other materials DOT determines necessary for safety. Current regulations define HHFT as a train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or 35 or more loaded tank cars of a Class 3 flammable liquid dispersed throughout the train. The bill also requires railway carriers to report a train derailment that involves a train carrying material toxic by inhalation within 24 hours of the derailment to the National Response Center, state and local officials, and tribal governments.
United States · United States Congress · 28 February 2023
This resolution expresses support for efforts to reduce inequalities facing the Black workforce, including closing the wage gap, closing the unemployment gap, and improving access to job training programs, career skills building programs, and educational opportunities.
United States · United States Congress · 28 February 2023
This bill provides for the presentation of a Congressional Gold Medal to the Freedom Riders, in recognition of their contribution to civil rights by fighting for equality in interstate travel.
United States · United States Congress · 28 February 2023
Original Black History Month Resolution of 2023 This resolution recognizes the importance of Black History Month and encourages its continued celebration to raise awareness of the accomplishments of Black Americans.
United States · United States Congress · 28 February 2023
The original legislation awarding a historic Congressional Gold Medal, collectively, to Africans and their descendants enslaved within our country from August 20, 1619, to December 6, 1865 This bill provides for the award of a Congressional Gold Medal to the enslaved persons collectively in recognition of their service as the greatest contributors to the foundation of America's economic greatness.
United States · United States Congress · 28 February 2023
Richard L. Trumka Protecting the Right to Organize Act of 20 23 This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Among other things, it (1) revises the definitions of employee , supervisor , and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation. The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include providing information about a potential violation to an enforcement agency, participating in an enforcement proceeding, initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or refusing to participate in an activity the employee reasonably believes is a violation of labor laws. Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.
United States · United States Congress · 24 February 2023
This resolution condemns Russia for committing acts of genocide against the Ukrainian people. It also calls on the United States, in cooperation with North Atlantic Treaty Organization and European Union allies, to undertake measures to support the Ukrainian government to prevent further acts of Russian genocide against the Ukrainian people.
United States · United States Congress · 21 February 2023
Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2023 or the DISCLOSE Act of 2023 This bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosures of campaign expenditures, and requiring additional disclosures regarding certain political advertisements. Specifically, the bill expands existing foreign money prohibitions to include disbursements for paid web-based or digital communications and federal judicial nomination communications. It also prohibits foreign nationals from contributing to campaigns related to ballot initiatives and referenda. The Government Accountability Office must, for each four-year election cycle, study and report on the incidence of illicit foreign money in federal elections. Next, the bill makes it unlawful to establish or use a corporation, company, or other entity with the intent to conceal an election contribution or donation by a foreign national. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. Covered organizations (e.g., corporations, labor organizations, and political organizations) must, within 24 hours, file reports with the Federal Election Commission to disclose campaign expenditures of more than $10,000 during an election cycle. The bill also requires organizations to provide additional disclosures regarding political advertisements, including the donors who contributed the most money to that organization in the last year.
United States · United States Congress · 21 February 2023
Governing Unaccredited Representatives Defrauding VA Benefits Act or the GUARD VA Benefits Act This bill imposes fines on individuals for soliciting, contracting for, charging, or receiving any unauthorized fee or compensation with respect to the preparation, presentation, or prosecution of any claim for Department of Veterans Affairs benefits. The attempted commission of such offenses is also punishable by fine.
United States · United States Congress · 17 February 2023
Everett Alvarez, Jr., Congressional Gold Medal Act of 2023 This bill provides for the award of a Congressional Gold Medal to Everett Alvarez, Jr. in recognition of his service to the nation.
United States · United States Congress · 17 February 2023
250th Anniversary of the United States Marine Corps Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the 250th anniversary of the United States Marine Corps. All surcharges received by Treasury from the sale of such coins must be paid to the Marine Corps Heritage Foundation and shall only be used for the purposes of supporting the mission of the Marine Corps Heritage Center.
United States · United States Congress · 17 February 2023
This resolution mourns the loss of life in Turkey (Turkiye) and Syria caused by the earthquakes in Turkey on February 6, 2023. The resolution also (1) applauds the work of humanitarian aid and rescue workers on the ground; and (2) condemns the efforts by the Assad regime of Syria to exploit the disaster to evade international pressure and accountability, including by preventing the United Nations from providing assistance through border crossings between Turkey and Syria.
United States · United States Congress · 17 February 2023
Shirley Chisholm Congressional Gold Medal Act This bill provides for the posthumous presentation of a Congressional Gold Medal in commemoration of Shirley Chisholm, in recognition of her activism, independence, and groundbreaking achievements in politics, including election as the first African American woman in Congress.
United States · United States Congress · 17 February 2023
Congressional Tribute to Constance Baker Motley Act of 2023 This bill provides for the award of a Congressional Gold Medal posthumously to Constance Baker Motley in recognition of her contributions and service to the United States in advancing civil rights as an attorney, elected official, and judge.
United States · United States Congress · 14 February 2023
Health Care Fairness for Military Families Act of 2023 This bill modifies the extension of dependent coverage under TRICARE by allowing a dependent under the age of 26 to be covered without an additional premium. Additionally, the bill authorizes such coverage of dependents without an additional premium regardless of whether they are eligible to enroll in an employer-sponsored plan.
United States · United States Congress · 14 February 2023
Maritime Fuel Tax Parity Act This bill extends the exemption from the excise tax on motor boat or motor vehicle fuels sold or used as supplies for certain vessels or aircraft engaged in trade between U.S. Atlantic or Pacific ports.
United States · United States Congress · 14 February 2023
Dustoff Crews of the Vietnam War Congressional Gold Medal Act This bill provides for the award of a single Congressional Gold Medal to Dustoff crews (helicopter air ambulance crews) of the Vietnam War in recognition of their heroic military service.
United States · United States Congress · 14 February 2023
Saving the Civil Service Act This bill generally prohibits changes to the classification of positions in the competitive service and excepted service unless certain conditions are met. (Competitive service positions are subject to competitive examination; excepted service positions are not subject to competitive examination and are instead subject to the specific requirements applicable to the schedule in which they are placed, which depends on the nature of the position.) Specifically, the bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in the excepted service as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules. Additionally, agencies may not (1) transfer occupied positions from the competitive or excepted service into Schedule C without the consent of the Office of Personnel Management, or (2) transfer employees in the excepted service to another schedule or transfer employees in the competitive service to the excepted service without employee consent. On October 21, 2020, former President Donald Trump issued an executive order that placed executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new schedule in the excepted service (Schedule F) instead of the competitive service. The order also required any such positions in the excepted service to be reclassified to Schedule F. The order was subsequently revoked by President Joe Biden.
United States · United States Congress · 14 February 2023
EAGLES Act of 2023 This bill reauthorizes the National Threat Assessment Center (NTAC) within the U.S. Secret Service. It reauthorizes the functions of NTAC through FY2028 and expands them to include additional activities related to the prevention of targeted violence, such as the establishment of a national program on targeted school violence prevention.
United States · United States Congress · 10 February 2023
Prime Minister Golda Meir Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins in commemoration of Golda Meir, former Prime Minister of Israel, and the 75th anniversary of the United States-Israel relationship. All surcharges received by Treasury from the sale of such coins must be paid to the American Friends of Kiryat Sanz Laniado Hospital Inc.
United States · United States Congress · 9 February 2023
Stop the Wait Act of 2023 This bill allows individuals with disabilities to begin receiving Social Security Disability Insurance (SSDI) benefits in the month they become eligible for the benefits. It also allows these individuals to immediately enroll in Medicare if they cannot afford minimum essential coverage. (Under current law, an individual must generally wait 5 months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare.)
United States · United States Congress · 9 February 2023
Combating Organized Retail Crime Act of 2023 This bill expands federal enforcement of criminal offenses related to organized retail crime. Organized retail crime typically refers to large-scale retail theft and fraud by organized groups of professional shoplifters, or boosters, who make money by stealing merchandise and reselling it for a fraction of the retail cost. First, with respect to criminal offenses involving the transportation of stolen property across state lines and the sale or receipt of stolen goods, the bill broadens the scope of conduct that qualifies as offenses. Additionally, the bill makes the offenses predicate offenses (i.e., underlying offenses) for prosecutions under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. Second, with respect to criminal offenses involving theft from an interstate or foreign shipment, the bill makes an offense an underlying offense for prosecution under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. Finally, the bill establishes a center—the Organized Retail Crime Coordination Center—within the Department of Homeland Security to coordinate the federal law enforcement activities related to organized retail crime.
United States · United States Congress · 9 February 2023
Ellie Helton, Lisa Colagrossi, Kristen Shafer Englert, Teresa Anne Lawrence, and Jennifer Sedney Focused Research Act or Ellie's Law This bill authorizes appropriations for the National Institute of Neurological Disorders and Stroke to conduct or support research on unruptured brain aneurysms in a patient population diversified by age, sex, and race.
United States · United States Congress · 9 February 2023
Supreme Court Ethics, Recusal, and Transparency Act of 2023 This bill makes various changes related to the ethical standards, financial disclosure requirements, and recusal requirements that apply to Supreme Court Justices. Among the changes, the bill requires the Supreme Court to adopt a code of conduct for Justices and establish procedures to receive and investigate complaints of judicial misconduct; adopt rules governing the disclosure of gifts, travel, and income received by the Justices and law clerks that are at least as rigorous as the House and Senate disclosure rules; and establish procedural rules requiring each party or amicus to disclose any gift, income, or reimbursement provided to Justices. Additionally, the bill expands the circumstances under which a Justice or judge must be disqualified; and requires the Supreme Court and the Judicial Conference to establish procedural rules for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a Justice, judge, or magistrate judge.
United States · United States Congress · 9 February 2023
No Tax Breaks for Outsourcing Act This bill modifies the tax treatment of the foreign source income of domestic corporations. The bill includes provisions that modify calculations of the gross income of U.S. shareholders to include net controlled foreign corporation (CFC) tested income in the current taxable year; apply limitations on the foreign tax credit on a country-by-country basis; limit the tax deduction for the interest expense of a U.S. corporation that is a member of an international financial reporting group (i.e., a group that prepares consolidated financial statements according to generally accepted accounting principles or international financial reporting standards); modify the rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States); and treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations for tax purposes.
United States · United States Congress · 9 February 2023
Right to Equitable and Professional Auto Industry Repair Act or the REPAIR Act This bill requires a motor vehicle manufacturer to provide to a vehicle's owner certain direct, real-time, in-vehicle data generated by the operation of the vehicle that is related to diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the vehicle. Specifically, a vehicle manufacturer may not impair an owner's access to such vehicle-generated data or impair an aftermarket parts manufacturer from producing or offering compatible aftermarket parts. A manufacturer also must make available to the vehicle's owner, and designees, vehicle-generated data through a standardized access platform. Outside of recall and warranty repairs, a manufacturer may not mandate the use of a particular brand or manufacturer of parts, tools, or equipment. The National Highway Traffic Safety Administration must issue standards for access to vehicle data through the standardized access platform. The Federal Trade Commission must establish an advisory committee to (1) provide recommendations on the implementation of this bill, and (2) assess and report on existing and emerging barriers to vehicle repair and vehicle owners' control over their vehicle-generated data. This bill provides authority for the commission to enforce these requirements.
United States · United States Congress · 9 February 2023
Saracini Enhanced Aviation Safety Act of 20 23 This bill requires the Federal Aviation Administration to issue an order requiring installation of a secondary cockpit barrier on commercial passenger aircraft.
United States · United States Congress · 8 February 2023
Equal COLA Act This bill revises the formula used to calculate the cost-of-living adjustment for annuities paid under the Federal Employees Retirement System.
United States · United States Congress · 7 February 2023
This resolution condemns Iranian state-sponsored terrorist attacks against U.S. citizens and officials and Iranian dissidents. The resolution also expresses support for the people of Iran who are legitimately defending their rights for freedom against repression and condemns the killing of Iranian protesters by the Iranian regime.
United States · United States Congress · 6 February 2023
Freight Rail Assistance and Investment to Launch Coronavirus-Era Activity and Recovery Act of 2023 or the Freight RAILCAR Act of 2023 This bill provides a new tax credit through 2025 for 10% of freight railcar fleet modernization expenses (i.e., railcar replacement and modernization expenses for meeting fuel efficiency and performance standards). The bill provides that no more than 2,000 freight railcars per taxpayer may be taken into account for purposes of determining the credit in a taxable year. The Department of the Treasury must report to Congress on the credit to provide information on the number of times the credit was claimed and the number of railcars scrapped or built as a result of the credit.
United States · United States Congress · 6 February 2023
This concurrent resolution declares that Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over the air, or on any business for such public performance of sound recordings.
United States · United States Congress · 6 February 2023
This joint resolution honors the contributions of school counselors to the success of students in elementary and secondary schools. The resolution encourages the observation of National School Counseling Week with ceremonies and activities that promote awareness of the crucial role school counselors play in preparing students for fulfilling lives as contributing members of society.
United States · United States Congress · 2 February 2023
Ensuring Women's Right to Reproductive Freedom Act This bill prohibits anyone acting under state law from interfering with a person's ability to access out-of-state abortion services. ( Abortion services include the use of any drugs that are approved to terminate pregnancies and any health care services related to an abortion, whether or not the services are provided at the same time or on the same day as the abortion.) Specifically, the bill prohibits any person acting under state law from preventing, restricting, impeding, or retaliating against health care providers who provide legal abortion services to out-of-state residents, any person or entity who helps health care providers to provide such services, any person who travels to another state to obtain such services, any person or entity who helps another person travel to another state to obtain such services, or the movement in interstate commerce of drugs that are approved to terminate pregnancies. The Department of Justice may enforce this bill through civil actions; the bill also establishes a private right of action for violations.
United States · United States Congress · 2 February 2023
Protect and Serve Act of 2023 This bill establishes a new criminal offense for knowingly assaulting a law enforcement officer and causing serious bodily injury (or attempting to do so) in circumstances that affect interstate commerce. It imposes criminal penalties—a prison term, a fine, or both—on a violator.
United States · United States Congress · 1 February 2023
Promoting Access to Diabetic Shoes Act This bill allows a nurse practitioner or physician assistant to fulfill documentation requirements for coverage, under Medicare, of special shoes for diabetic individuals. Under current law, such requirements may be satisfied only by a physician.
United States · United States Congress · 1 February 2023
Fair COLA for Seniors Act of 2023 This bill bases cost-of-living adjustments for certain benefits available through federal and military retirement programs, Social Security, and specified programs for veterans on a price index that tracks the spending patterns of older consumers. The Bureau of Labor Statistics of the Department of Labor must publish that price index on a monthly basis.
United States · United States Congress · 1 February 2023
Arctic Refuge Protection Act This bill repeals the Arctic National Wildlife Refuge oil and gas program. The bill designates approximately 1,559,538 acres of land within Alaska in the Arctic National Wildlife Refuge as a component of the National Wilderness Preservation System.
United States · United States Congress · 1 February 2023
Bipartisan Background Checks Act of 2023 This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals). Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. The prohibition does not apply to certain firearm transfers or exchanges, such as a gift between spouses in good faith.
United States · United States Congress · 1 February 2023
Supply Chain Disruptions Relief Act This bill modifies the treatment of liquidations of new motor vehicle inventory as qualified LIFO (last in first out accounting method) inventory. It allows new motor vehicle dealers to elect to wait until the end of 2025 to replace their inventory for purposes of determining income attributable to the sale of such inventory during 2020 and 2021.
United States · United States Congress · 31 January 2023
This joint resolution provides that the Equal Rights Amendment, which prohibits discrimination on the basis of sex, was ratified by three-fourths of the states and is therefore a valid constitutional amendment, regardless of any time limit that was in the original proposal. The Equal Rights Amendment was originally proposed to the states in 1972. The original proposal included a deadline for ratification of March 22, 1979; Congress subsequently extended the deadline to June 30, 1982. Although the requisite 38 states have ratified the amendment, three of these states did so after the deadlines, and five states subsequently rescinded their ratifications. The status of the amendment has been the subject of litigation.