		I
		112th CONGRESS
		2d Session
		H. R. 3847
		IN THE HOUSE OF REPRESENTATIVES

			January 31, 2012
			Mr. Markey (for
			 himself, Mr. Waxman,
			 Ms. Schakowsky, and
			 Ms. DeLauro) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act to
		  ensure that a medical device is not marketed based on a determination that the
		  device is substantially equivalent to a predicate device that has been
		  recalled, corrected, or removed from the market because of an intrinsic flaw in
		  technology or design that adversely affects safety, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Safety Of Untested and New Devices Act of
			 2012 or the SOUND Devices Act of
			 2012.
		2.Predicate devices
			 that have been recalled, corrected, or removed from the market
			(a)Submission of
			 information by persons seeking substantial equivalence
			 determinationSection 513(i) of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 360c(i)) is amended—
				(1)by redesignating
			 paragraph (3) as paragraph (5); and
				(2)by striking
			 paragraph (2) and inserting the following:

						(2)(A)Any person seeking a
				determination of substantial equivalence under subsection (f) or section 520(l)
				for a device shall submit to the Secretary information (to the extent such
				information is readily available) on the market status of—
								(i)each predicate device; and
								(ii)each device in the full device lineage (as
				defined in subparagraph (C)).
								(B)With respect to each device described in
				clause (i) or (ii) of subparagraph (A), the information required to be
				submitted under subparagraph (A) shall specify—
								(i)whether the device has been corrected or
				removed from the market;
								(ii)if so, the basis for such correction or
				removal, including whether such correction or removal was because of an
				intrinsic flaw in technology or design that adversely affects safety;
				and
								(iii)why the device for which a
				substantial equivalence determination is sought does not share any such
				intrinsic flaw.
								(C)In this paragraph, the term device in
				the full device lineage means a device for which a substantial
				equivalence determination was made leading to a substantial equivalence
				determination for a predicate device referred to in subparagraph
				(A)(i).
							.
				(b)Rejecting claims
			 of substantial equivalenceSection 513(i) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 360c(i)), as amended, is further amended by
			 inserting after paragraph (2) the following:

					(3)The Secretary—
						(A)shall not find a device to be
				substantially equivalent to a predicate device that has been—
							(i)removed from the market at the
				initiative of the Secretary; or
							(ii)determined to be misbranded or
				adulterated by judicial order;
							(B)may reject a claim that a device is
				substantially equivalent to a predicate device if—
							(i)the predicate device, or any device
				in a series of one or more devices for which a substantial equivalence
				determination was made leading to a substantial equivalence determination for
				the predicate device, has been corrected or removed from the market—
								(I)at the initiative of the sponsor;
				or
								(II)under any other circumstance not covered
				by subparagraph (A); and
								(ii)the correction or removal is due, in whole
				or in part, to an intrinsic flaw in technology or design that adversely affects
				safety;
							(C)may reject a claim that a device is
				substantially equivalent to a predicate device if—
							(i)the Secretary is in the process of
				rescinding the clearance granted under section 510(k), issuing or amending an
				order under section 518(e) (relating to recall authority), or taking any other
				regulatory action because of an intrinsic flaw in technology or design that
				adversely affects safety, with respect to—
								(I)the predicate device; or
								(II)any device in the full predicate device
				lineage (meaning any device for which a substantial equivalence determination
				was made leading to a substantial equivalence determination for the predicate
				device); or
								(ii)the manufacturer or importer of a
				device described in subclause (I) or (II) of clause (i) is in the process of
				correcting or removing the device from the market; and
							(D)may reject a claim that a device is
				substantially equivalent to a predicate device if the predicate device has been
				corrected or removed from the market and the manufacturer or importer of the
				predicate failed to submit notice of such correction or removal in accordance
				with section 519(g).
						.
			(c)Database on
			 eligible predicate devicesSection 513(i) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 360c(i)), as amended, is further amended by
			 inserting after paragraph (3) the following:

					(4)(A)The Secretary shall
				maintain an up-to-date database that can be used by the Secretary for purposes
				of determining whether devices are eligible under paragraph (3) for use as a
				predicate device.
						(B)The Secretary shall determine whether
				a device is eligible under paragraph (3) for use as a predicate device, and
				shall make appropriate updates to the database under this paragraph,
				whenever—
							(i)the Secretary issues, vacates, or
				amends an order for a device under section 518(e) (relating to recall
				authority);
							(ii)the manufacturer or importer of a
				device reports a correction or removal of a device under subsection (g) or (h)
				of section 519; or
							(iii)the Secretary otherwise learns of a
				correction or removal of a device (as such terms are used in subsections (g)
				and (h) of section 519).
							(C)Upon making a determination required
				by subparagraph (B), the Secretary shall include in the database under this
				paragraph information, to the extent such information is available to the
				Secretary, about the reason for the order, correction, or removal.
						(D)The Secretary shall publish notice of each
				determination under subparagraph
				(B).
						.
			(d)Reports of
			 corrections and removals
				(1)In
			 generalSection 519 of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended by adding at
			 the end the following:

						(h)Inclusion of
				root cause analysis in reports of removals and corrections
							(1)RequirementWhenever
				a manufacturer or importer of a device is required to submit a report under
				subsection (g) on a corrective action or removal of the device, and whenever a
				manufacturer or importer would be so required but for submitting a report under
				subsection (a) on a corrective action or removal of the device, the
				manufacturer or importer shall submit, as an addendum to the submitted report,
				the root cause assessment of each device defect leading to the corrective
				action or removal.
							(2)TimingAn
				addendum required by paragraph (1) shall be submitted to the Secretary
				promptly, and not later than 90 days after the corrective action or
				removal.
							.
				(2)Reports for
			 devices in same lineage as devices subject to corrections and removals
					(A)Authority To
			 order reportsSection 519 of the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 360i), as amended, is further amended by adding at the end the
			 following:

							(i)Reports for
				devices in same lineage as devices subject to corrections and removals
								(1)In
				generalWhen a device is
				corrected or removed from the market because of an intrinsic flaw in technology
				or design that adversely affects safety—
									(A)the Secretary may
				order the manufacturer or importer of each device in the same lineage which
				continues to be marketed to submit a report described in paragraph (2);
				and
									(B)not later than 30 days after receipt of
				such an order, the manufacturer or importer of each such device shall submit
				the report.
									(2)Report
				contentsA report described
				in this paragraph shall—
									(A)state whether the
				device for which the report is submitted shares any intrinsic flaw in
				technology or design associated with the device which is corrected or removed
				from the market; and
									(B)if not, explain why the device for which
				the report is submitted does not share any such intrinsic flaw.
									(3)DefinitionIn this subsection, the term device
				in the same lineage refers to a device if—
									(A)a substantial
				equivalence determination was made for the device corrected or removed from the
				market; and
									(B)such determination leads to a substantial
				equivalence determination for the device
				involved.
									.
					(B)Conforming
			 amendmentSection 303(f)(1)(B) of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 333(f)(1)(B)) is amended by striking or
			 519(g) and inserting , 519(g), or 519(h).
					(e)Review of
			 previously cleared Life-Sustaining, Life-Supporting, or implantable
			 devices
				(1)ReviewThe Secretary shall conduct a review of all
			 covered devices to identify any such devices with respect to which a predicate
			 device, or any device in the full device lineage, has been corrected or removed
			 from the market pursuant to a Class I or Class II recall.
				(2)PriorityIn conducting the review under paragraph
			 (1), the Secretary shall prioritize—
					(A)the review of
			 covered devices that pose the highest risk to patients; and
					(B)the identification
			 of covered devices that share with another device an intrinsic flaw in
			 technology or design that—
						(i)adversely affects
			 safety; and
						(ii)led to the
			 correction or removal from the market of the other device.
						(3)ReportNot
			 later than 3 years after the date of the enactment of this Act, the Secretary
			 shall submit a report to the Congress on the progress made by the Secretary in
			 implementing this subsection.
				(4)DefinitionsIn this subsection:
					(A)The terms
			 Class I, Class II, and recall have
			 the meanings given to such terms in section 7.3 of title 21, Code of Federal
			 Regulations (or any successor regulations).
					(B)The term
			 covered device means a device (as defined in section 201 of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) that—
						(i)is
			 cleared under section 510(k) of such Act (21 U.S.C. 360(k)) before the
			 effective date of the amendments made by subsections (a) through (d);
						(ii)is
			 life-sustaining, life-supporting, or implantable; and
						(iii)continues to be
			 marketed.
						(C)The term device in the full device
			 lineage means a device for which a substantial equivalence determination
			 was made leading to a substantial equivalence determination for a predicate
			 device referred to in paragraph (1).
					(D)The term Secretary means the
			 Secretary of Health and Human Services, acting through the Commissioner of Food
			 and Drugs.


 SJ 22 ENR: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to the definition of “waters of the United States” under the Federal Water Pollution Control Act.
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.

One Hundred Fourteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and
			 sixteenS. J. RES. 22IN THE SENATE OF THE UNITED STATESJOINT RESOLUTIONProviding for congressional disapproval under chapter 8 of title 5, United States Code, of the rule
			 submitted by the Corps of Engineers and the Environmental Protection
 Agency relating to the definition of waters of the United States under the Federal Water Pollution Control Act.That Congress disapproves the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to Clean Water Rule: Definition of Waters of the United States (80 Fed. Reg. 37054; June 29, 2015), and such rule shall have no force or effect.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


116 HR 7230 IH: To designate the facility of the United States Postal Service located at Block 1025, Lots 18 & 19, Northeast Corner of US Route 9 South and Main Street in the Township of Middle, County of Cape May, New Jersey, as the “George Henry White Post Office Building”.
U.S. House of Representatives
2020-06-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7230IN THE HOUSE OF REPRESENTATIVESJune 15, 2020Mr. Van Drew introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo designate the facility of the United States Postal Service located at Block 1025, Lots 18 & 19, Northeast Corner of US Route 9 South and Main Street in the Township of Middle, County of Cape May, New Jersey, as the George Henry White Post Office Building.1.George Henry White Post Office Building(a)DesignationThe facility of the United States Postal Service located at Block 1025, Lots 18 & 19, Northeast Corner of US Route 9 South and Main Street in the Township of Middle, County of Cape May, New Jersey, shall be known and designated as the George Henry White Post Office Building.(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the George Henry White Post Office Building.


109 HR 1156 IH: Gifted and Talented Education Enhancement Act of 2005
U.S. House of Representatives
2005-03-08
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EN
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I
109th CONGRESS 1st Session
H. R. 1156
IN THE HOUSE OF REPRESENTATIVES

March 8, 2005
Mr. Gillmor (for himself and Mr. Gallegly) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To amend title II of the Higher Education Act of 1965 to increase teacher familiarity with the educational needs of gifted and talented students, and for other purposes.

1.Short titleThis Act may be cited as the Gifted and Talented Education Enhancement Act of 2005.
2.Amendment to title ii of the higher education act of 1965
(a)State grantsSection 202(d) of the Higher Education Act of 1965 (20 U.S.C. 1022(d)) is amended by adding at the end the following:

(8)Gifted and talented studentsIncorporating the learning needs of gifted and talented students into the activity described in paragraph (1), (2), or (3) in order to ensure that new teachers possess basic knowledge and skills necessary to meet the educational needs of gifted and talented students.
(9)New-teacher mentoring on the needs of gifted and talented studentsEstablishing or expanding new-teacher mentoring and assessment programs (including induction and evaluation programs) that are a part of the licensure process that includes the development of a portfolio produced by the new teacher, under the supervision and guidance of a veteran teacher mentor, which is designed to demonstrate that the new teacher possesses basic knowledge of the classroom indicators of giftedness, is able to identify student learning differences among gifted students, and is able to provide instruction to accommodate such differences..
(b)Partnership grantsSection 203(e) of the Higher Education Act of 1965 (20 U.S.C. 1023(e)) is amended—
(1)in paragraph (1), by striking and limited English proficient individuals and inserting , limited English proficient individuals, and gifted and talented students; and
(2)by adding at the end the following:

(5)Gifted and talented studentsIncreasing the knowledge and skills of preservice teachers participating in activities under subsection (d) in the educational and related needs of gifted and talented students by, among other strategies, infusing teacher coursework with units on the characteristics of high-ability learners, using assessments to identify preexisting knowledge and skills among students, and developing teaching strategies that are driven by the learner’s progress..


116 S1330 IS: Department of Energy and Nuclear Regulatory Commission Whistleblower Protection Act of 2019
U.S. Senate
2019-05-06
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II116th CONGRESS1st SessionS. 1330IN THE SENATE OF THE UNITED STATESMay 6, 2019Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Energy Reorganization Act of 1974 to clarify whistleblower rights and protections, and
 for other purposes.1.Short titleThis Act may be cited as the Department of Energy and Nuclear Regulatory Commission Whistleblower Protection Act of 2019.2.Definition of personSection 211(a)(2) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is amended—(1)by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and indenting the clauses appropriately;(2)in the matter preceding clause (i) (as so redesignated), by striking the paragraph designation and all that follows through includes— and inserting the following:(2)DefinitionsIn this section:(A)EmployerThe term employer includes—; and(3)by adding at the end the following:(B)PersonThe term person includes—(i)a person (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014));(ii)the Commission; and(iii)the Department of Energy..


		I
		111th CONGRESS
		1st Session
		H. R. 1161
		IN THE HOUSE OF REPRESENTATIVES

			February 24, 2009
			Mr. Price of North
			 Carolina (for himself, Ms. Corrine Brown
			 of Florida, Mr. Watt,
			 Mr. Gordon of Tennessee,
			 Mr. McIntyre,
			 Mr. Honda,
			 Mr. Lewis of Georgia,
			 Ms. Bordallo,
			 Mr. Walz, Mr. Clay, Mr.
			 Etheridge, Mr. Miller of North
			 Carolina, Mr. Hastings of
			 Florida, Mr. Kissell,
			 Mr. Butterfield,
			 Mr. Shuler,
			 Mr. Cohen,
			 Mr. Donnelly of Indiana,
			 Mr. Moran of Virginia,
			 Mr. Meeks of New York, and
			 Ms. Hirono) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to provide grants for innovative teacher retention
		  programs.

		1.Short titleThis Act may be cited as the
			 Keep Teachers Teaching Act of
			 2009.
		2.FindingsThe Congress makes the following
			 findings:
			(1)The United States
			 faces an increasing need for high-quality educators.
			(2)Approximately
			 1/3 of teachers leave the profession within 5 years of
			 being hired because of poor working conditions, low pay, low morale, or lack of
			 a pathway for professional advancement. In some schools, the five-year
			 attrition rate reaches 50 percent.
			(3)Effective teacher
			 retention programs to address this problem are already at work in school
			 districts around the country, and many more innovative programs could be
			 advanced if additional resources were available.
			(4)Efforts to address
			 the teacher shortage demands a national strategy to support the development and
			 implementation of innovative teacher retention programs.
			(5)The United States
			 Department of Education can play an important role in facilitating the
			 identification of the most promising teacher retention approaches and
			 disseminating information about them to States and local educational
			 agencies.
			3.Grants for innovative
			 teacher retention programsSection 2151 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6651) is amended by adding at the end the
			 following:

				(g)Teacher
				retention activities
					(1)In
				generalThe Secretary shall establish and carry out a teacher
				retention program to assist State educational agencies and local educational
				agencies in developing and implementing innovative teacher retention programs.
				The program shall support the development of model programs and best practices
				in retaining quality teachers in the classroom and shall facilitate the
				dissemination of innovative teacher retention programs to local educational
				agencies throughout the United States.
					(2)GrantsThe
				Secretary shall carry out paragraph (1) by making grants to eligible entities
				to develop and implement innovative teacher retention programs, including
				activities such as—
						(A)professional
				development programs;
						(B)teacher mentoring
				programs;
						(C)advanced
				certification or advanced credentialing;
						(D)research, travel,
				or fellowship opportunities; and
						(E)pairing of teachers
				with professionals in research or industry.
						(3)Eligible
				entitiesIn this subsection, the term eligible
				entity includes—
						(A)local educational
				agencies;
						(B)State educational
				agencies; and
						(C)partnerships of
				local educational agencies, nonprofit organizations, and institutions of higher
				education.
						(4)Grant
				termsGrants under this
				subsection shall be awarded for periods of not more than 5 years and on a
				competitive basis. Grants awarded under this subsection may be renewed.
					(5)Secretary’s duty
				to identify most promising teacher retention approachesThe Secretary shall identify the most
				promising teacher retention approaches, including those already working and
				those developed through grants funded under this subsection, and disseminate
				information about those approaches to States and local educational agencies
				around the country. The Secretary shall transmit to the Committee on Education
				and Labor of the House of Representatives and the Committee on Health,
				Education, Labor, and Pensions of the Senate, not later than 9 months after the
				date of the enactment of this subsection, and annually thereafter, a report
				that describes the methodology by which the most promising teacher retention
				programs are identified and the Secretary’s efforts to disseminate information
				regarding such programs to State departments of education and local educational
				agencies throughout the United
				States.
					.


IV
111th CONGRESS
1st Session
H. RES. 971
In the House of Representatives, U. S.,

December 15, 2009

RESOLUTION
Expressing the sense of the House of Representatives regarding guidelines for breast cancer screening for women ages 40 to 49.

Whereas the United States Preventive Services Task Force (USPSTF), an independent panel of experts in primary care prevention and evidence-based medicine, issued guidelines on November 16, 2009, regarding mammography screening for women, including women age 40 to 49;
Whereas these guidelines reflect a change from USPSTF mammography recommendations issued in 2002;
Whereas the new guidelines have caused concern among many health providers and confusion among many women age 40 to 49;
Whereas the Department of Health and Human Services has stated that while the USPSTF has presented some new evidence for consideration, the policies of the Department remain unchanged; and
Whereas the Department of Health and Human Services has stated that there is a great need for more evidence, more research, and more scientific innovation to help women prevent, detect, and fight breast cancer: Now, therefore, be it

That it is the sense of the House of Representatives that—
(1)the guidelines of the United States Preventive Services Task Force (USPSTF) would not prohibit an insurer from providing coverage for mammography services in addition to those recommended by the USPSTF and should not be used by insurers to deny coverage for services that are not recommended on a routine basis; and
(2)the National Cancer Institute should continue to invest and provide leadership regarding research to develop more effective screening tools and strategies for improving detection of breast cancer.

Lorraine C. Miller,Clerk.


109 HR 4641 IH: Assisting Doctors to Obtain Proficient and Transmissible Health Information Technology (ADOPT HIT) Act of 2005
U.S. House of Representatives
2005-12-18
text/xml
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I
109th CONGRESS
1st Session
H. R. 4641
IN THE HOUSE OF REPRESENTATIVES

December 18, 2005
Mr. Gingrey (for himself, Mr. Norwood, Mr. Garrett of New Jersey, Mrs. Capito, and Miss McMorris) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to increase the deduction under section 179 for the purchase of qualified health care information technology by medical care providers and to allow a credit against tax for applicable telecommunications charges paid or incurred by such providers.

1.Short titleThis Act may be cited as the Assisting Doctors to Obtain Proficient and Transmissible Health Information Technology (ADOPT HIT) Act of 2005.
2.Purchase of qualified health care information technology
(a)In generalSection 179 of the Internal Revenue Code of 1986 (relating to election to expense certain depreciable assets) is amended by adding at the end the following new subsection:

(e)Health care information technology
(1)In generalIn the case of qualified health care information technology purchased by a medical care provider and placed in service during a taxable year—
(A)subsection (b)(1) shall be applied by substituting $250,000 for $100,000,
(B)subsection (b)(2) shall be applied by substituting $600,000 for $400,000, and
(C)subsection (b)(5)(A) shall be applied by substituting $250,000 and $600,000 for $100,000 and $400,000.
(2)DefinitionsFor purposes of this subsection—
(A)Qualified health care information technologyThe term qualified health care information technology means section 179 property which is used primarily for the electronic creation, maintenance, and exchange of medical care information to improve the quality or efficiency of medical care.
(B)Medical care providerThe term medical care provider means any person engaged in the trade or business of providing medical care.
(C)Medical careThe term medical care has the meaning given such term by section 213(d)..
(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2004.
3.Telecommunications credit for qualified medical care providers
(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section:

45N.Telecommunications credit for qualified medical care providers
(a)General ruleFor purposes of section 38, in the case of a qualified medical care provider, the telecommunications credit determined under this section for a taxable year is an amount equal to 50 percent of the applicable telecommunications charges paid or incurred by such provider during the taxable year.
(b)Dollar limitationIn the case of a qualified medical care provider, the credit determined under subsection (a) for a taxable year shall not exceed $10,000.
(c)DefinitionsFor purposes of this section—
(1)Applicable telecommunications chargesThe term applicable telecommunications charges means expenses paid or incurred for the purpose of installing or maintaining a communications network that supports interoperability of electronic medical record systems.
(2)Qualified medical care providerThe term qualified medical care provider means any person engaged in the trade or business of providing medical care (as defined in section 213(d)) who has purchased qualified health care information technology (as defined in section 179(e)). .
(b)Conforming amendments
(1)Section 38(b) of such Code is amended by striking plus at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting , plus, and by adding at the end the following new paragraph:

(27)the telecommunications credit determined under section 45N..
(2)The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45N. Telecommunications credit for qualified medical care providers.
(c)Effective dateThe amendments made by this section shall apply to expenses paid or incurred after December 31, 2004.


115 HR 4322 IH: Home for the Brave Act of 2017
U.S. House of Representatives
2017-11-09
text/xml
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I115th CONGRESS1st SessionH. R. 4322IN THE HOUSE OF REPRESENTATIVESNovember 9, 2017Mr. Carbajal (for himself and Mr. Smucker) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo exclude from consideration as income under the housing assistance programs of the Department of
			 Housing and Urban Development amounts received by a family from the
			 Department of Veterans Affairs for service-related disabilities of a
			 member of the family, and for other purposes.

 1.Short titleThis Act may be cited as the Home for the Brave Act of 2017. 2.Exclusion of veterans disability benefits from incomeThe Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended by adding at the end the following new section:

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


IV
111th CONGRESS
1st Session
H. RES. 17
IN THE HOUSE OF REPRESENTATIVES

January 6, 2009
Mr. Campbell submitted the following resolution; which was referred to the Committee on Rules

RESOLUTION
Amending the Rules of the House of Representatives to abolish the Committee on Appropriations.

That rule X of the Rules of the House of Representatives is amended as follows:
(1)
(A)In clause 1, strike paragraph (b) (relating to the Committee on Appropriations) and redesignate paragraphs (c) through (t) as paragraphs (b) through (s), respectively.
(B)In clause 1(i)(1) (as redesignated), strike (except for the Committee on Appropriations).
(2)In clause 2(b)(1), strike (other than the Committee on Appropriations).
(3)In clause 3, strike paragraph (a) and redesignate paragraphs (b) through (m) as paragraphs (a) through (l), respectively.
(4)In clause 4, strike paragraph (a) and redesignate paragraphs (b) through (f) as paragraphs (a) through (e), respectively.
(5)
(A)In clause 5(a)(2)(A)(i), strike five from the Committee on Appropriations,.
(B)In clause 5(d)(2), strike the second sentence.
(6)In clause 6(a), strike (other than the Committee on Appropriations).
(7)
(A)In clause 9(b)(2)(B), strike other than the Committee on Appropriations.
(B)In clause 9, strike paragraph (d) and redesignate paragraphs (e) through (i) as paragraphs (d) through (h), respectively.
(8)In clause 11(a)(1), strike subdivision (A) and redesignate subdivisions (B) through (D) as subdivisions (A) through (C), respectively.
2.Rule XI of the Rules of the House of Representatives is amended as follows:
(1)
(A)In clause 2(g)(2)(D), strike the Committee on Appropriations, and strike the comma after Services.
(B)In clause 2(g), strike subparagraph (6).
(2) In clause 2(h)(3), strike other than the Committee on Appropriations, and strike the comma after Budget.
3.Rule XIII of the Rules of the House of Representatives is amended as follows:
(1)In clause 3(d)(3)(B), strike the Committee on Appropriations,.
(2)
(A)In clause 3(f), strike paragraph (1) and strike (2).
(B)In clause 3(f) (as amended), strike (A) and insert (1), strike (B) and insert (2), and strike the Committee on Appropriations reports a bill or joint resolution including matter specified in clause 1(b)(2) or (3) of rule X and insert any committee reports a bill or joint resolution rescinding appropriations contained in appropriation Acts or transfers unexpended balances.
(3)In clause 4(c), strike the Committee on Appropriations both places it appears and in the first place insert any committee and in the second place insert that committee.
(4)In clause 5(a)(1), strike The Committee on Appropriations and insert Any committee.
4.Clause 2 of rule XXI of the Rules of the House of Representatives is amended by striking paragraphs (a), (b), (c), and (e), and by redesignating paragraph (d) as paragraph (a) and paragraph (f) as paragraph (b).


		I
		112th CONGRESS
		1st Session
		H. R. 1436
		IN THE HOUSE OF REPRESENTATIVES

			April 7, 2011
			Mr. Smith of New
			 Jersey introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Atomic Energy Act of 1954 to require a
		  nuclear power facility licensee to notify the Nuclear Regulatory Commission and
		  the State and county in which the facility is located within 24 hours of an
		  unplanned release of radionuclides in excess of allowable limits, and for other
		  purposes.

		1.Notice requirement for
			 radionuclides releaseSection
			 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended by inserting
			 after subsection d. the following:

				e.(1)Each license issued for
				a production or utilization facility under this section or section 104 b. shall
				require as a condition of the license that, in the case of an unplanned release
				described in paragraph (2), the licensee notify, not later than 24 hours after
				such unplanned release, the Nuclear Regulatory Commission and the governments
				of the State and county in which the facility is located of such unplanned
				release.
					(2)Paragraph (1) applies to—
						(A)any unplanned release of quantities of
				radionuclides in excess of allowable limits for normal operation established by
				the Commission or other applicable Federal laws or standards; and
						(B)any unplanned release of quantities of
				radionuclides within allowable limits for normal operation established by the
				Commission and other applicable Federal laws or standards, but that occurs more
				than twice within a 2-year period originating from the same source, process, or
				equipment at the facility.
						(3)Violation of the condition prescribed
				by paragraph (1) of this subsection may, in the Commission’s discretion,
				constitute grounds for license revocation.
					(4)In accordance with section 187 of
				this Act, the Commission shall promptly amend each license for a production or
				utilization facility issued under this section or section 104 b. which is in
				effect on the date of enactment of this subsection to include the provisions
				required under this subsection.
					(5)Not later than 180 days after the
				date of enactment of this subsection, the Commission shall establish and
				maintain, on the Internet website of the Commission, a database of all
				notifications received by the Commission of unplanned releases described in
				paragraph (2) and allow the public to search such database for such
				notifications of unplanned releases by
				licensee.
					.


117 S456 IS: New Markets Tax Credit Extension Act of 2021
U.S. Senate
2021-02-25
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. 456IN THE SENATE OF THE UNITED STATESFebruary 25, 2021Mr. Cardin (for himself, Mr. Blunt, Mr. Schumer, Mr. Portman, Ms. Cantwell, and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to permanently extend the new markets tax credit, and for other purposes.1.Short titleThis Act may be cited as the New Markets Tax Credit Extension Act of 2021.2.Permanent extension of new markets tax credit(a)Extension(1)In generalSubparagraph (H) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking for each of calendar years 2020 through 2025 and inserting calendar year 2020 and each calendar year thereafter.(2)Conforming amendmentSection 45D(f)(3) of such Code is amended by striking the last sentence.(b)Inflation adjustmentSubsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:(4)Inflation adjustment(A)In generalIn the case of any calendar year beginning after 2021, the dollar amount in paragraph (1)(H) shall be increased by an amount equal to—(i)such dollar amount, multiplied by(ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2000 for calendar year 2016 in subparagraph (A)(ii) thereof.(B)Rounding ruleAny increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000..(c)Alternative minimum tax reliefSubparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended—(1)by redesignating clauses (vii) through (xii) as clauses (viii) through (xiii), respectively, and(2)by inserting after clause (vi) the following new clause:(vii)the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made after December 31, 2020,.(d)Effective dates(1)In generalExcept as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2020.(2)Alternative minimum tax reliefThe amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) of the Internal Revenue Code of 1986) initially made after December 31, 2020.


		I
		112th CONGRESS
		1st Session
		H. R. 2844
		IN THE HOUSE OF REPRESENTATIVES

			September 7, 2011
			Mr. Mica (for himself
			 and Mrs. Maloney) introduced the
			 following bill; which was referred to the Committee on Transportation and
			 Infrastructure

		A BILL
		To authorize the Administrator of General Services to
		  convey a parcel of real property in the District of Columbia to provide for the
		  establishment of a National Women’s History Museum and direct the Administrator
		  of General Services to transfer administrative jurisdiction, custody, and
		  control of the building located at 600 Pennsylvania Avenue, NW., in the
		  District of Columbia, to the National Gallery of Art, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 National Women’s History Museum and
			 Federal Facilities Consolidation and Efficiency Act of
			 2011.
		INational Women’s
			 History Museum
			101.Short
			 titleThis title may be cited
			 as the National Women’s History Museum
			 Act of 2011.
			102.DefinitionsIn this title, the following definitions
			 apply:
				(1)AdministratorThe
			 term Administrator means the Administrator of General
			 Services.
				(2)CerclaThe
			 term CERCLA means the Comprehensive Environmental Response,
			 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
				(3)CommitteesThe
			 term Committees means the Committee on Transportation and
			 Infrastructure of the House of Representatives and the Committee on Environment
			 and Public Works of the Senate.
				(4)MuseumThe
			 term Museum means the National Women’s History Museum, Inc., a
			 District of Columbia nonprofit corporation exempt from taxation pursuant to
			 section 501(c)(3) of the Internal Revenue Code of 1986.
				(5)PropertyThe
			 term Property means the property located in the District of
			 Columbia, subject to survey and as determined by the Administrator, generally
			 consisting of Squares 325 and 326 and a portion of Square 351. The Property is
			 generally bounded by 12th Street, Independence Avenue, C Street, and the James
			 Forrestal Building, all in Southwest Washington, District of Columbia, and
			 shall include all associated air rights, improvements thereon, and
			 appurtenances thereto.
				103.Conveyance of
			 property
				(a)Authority To
			 convey
					(1)In
			 generalSubject to the requirements of this title, the
			 Administrator shall convey the Property to the Museum, on such terms and
			 conditions as the Administrator considers reasonable and appropriate to protect
			 the interests of the United States and further the purposes of this
			 title.
					(2)AgreementAs
			 soon as practicable, but not later than 180 days after the date of enactment of
			 this Act, the Administrator shall enter into an agreement with the Museum for
			 the conveyance.
					(3)Terms and
			 conditionsThe terms and conditions of the agreement shall
			 address, among other things, mitigation of developmental impacts to existing
			 Federal buildings and structures, security concerns, and operational protocols
			 for development and use of the property.
					(b)Purchase
			 price
					(1)In
			 generalThe purchase price for the Property shall be its fair
			 market value based on its highest and best use as determined by an independent
			 appraisal commissioned by the Administrator and paid for by the Museum.
					(2)Selection of
			 appraiserThe appraisal shall be performed by an appraiser
			 mutually acceptable to the Administrator and the Museum.
					(3)Terms and
			 conditions for appraisal
						(A)In
			 generalExcept as provided by subparagraph (B), the assumptions,
			 scope of work, and other terms and conditions related to the appraisal
			 assignment shall be mutually acceptable to the Administrator and the
			 Museum.
						(B)Required
			 termsThe appraisal shall assume that the Property does not
			 contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C.
			 9601)) or any other hazardous waste or pollutant that requires a response
			 action or corrective action under any applicable environmental law.
						(c)Application of
			 proceedsThe purchase price shall be paid into an account in the
			 Federal Buildings Fund established under section 592 of title 40, United States
			 Code. Upon deposit, the proceeds from the conveyance may only be expended
			 subject to a specific future appropriation.
				(d)Quit claim
			 deedThe Property shall be conveyed pursuant to a quit claim
			 deed.
				(e)Use
			 restrictionThe Property shall be dedicated for use as a site for
			 a national women’s history museum for the 99-year period beginning on the date
			 of conveyance to the Museum.
				(f)Funding
			 restrictionNo Federal funds shall be made available—
					(1)to the Museum
			 for—
						(A)the purchase of
			 the Property; or
						(B)the design and
			 construction of any facility on the Property; or
						(2)by the Museum or
			 any affiliate of the Museum as a credit pursuant to section 104(b)
					(g)Reversion
					(1)Bases for
			 reversionThe Property shall revert to the United States, at the
			 option of the United States, without any obligation for repayment by the United
			 States of any amount of the purchase price for the property, if—
						(A)the Property is
			 not used as a site for a national women’s history museum at any time during the
			 99-year period referred to in subsection (e); or
						(B)the Museum has not
			 commenced construction of a museum facility on the Property in the 5-year
			 period beginning on the date of enactment of this Act, other than for reasons
			 beyond the control of the Museum as reasonably determined by the
			 Administrator.
						(2)EnforcementThe
			 Administrator may perform any acts necessary to enforce the reversionary rights
			 provided in this section.
					(3)Custody of
			 property upon reversionIf the Property reverts to the United
			 States pursuant to this section, such property shall be under the custody and
			 control of the Administrator.
					(h)ClosingThe
			 conveyance pursuant to this title shall occur not later than 3 years after the
			 date of enactment of this Act. The Administrator may extend that period for
			 such time as is reasonably necessary for the Museum to perform its obligations
			 under section 104(a).
				104.Environmental
			 matters
				(a)Authorization To
			 contract for environmental response actionsIn fulfilling the
			 responsibility of the Administrator to address contamination on the Property,
			 the Administrator may contract with the Museum or an affiliate of the Museum
			 for the performance (on behalf of the Administrator) of response actions on the
			 Property.
				(b)Crediting of
			 response costs
					(1)In
			 generalAny costs incurred by the Museum or an affiliate of the
			 Museum using non-Federal funding pursuant to subsection (a) shall be credited
			 to the purchase price for the Property.
					(2)LimitationA
			 credit under paragraph (1) shall not exceed the purchase price of the
			 Property.
					(c)No effect on
			 compliance with environmental lawsNothing in this title, or any
			 amendment made by this title, affects or limits the application of or
			 obligation to comply with any environmental law, including section 120(h) of
			 CERCLA (42 U.S.C. 9620(h)).
				105.Incidental
			 costsSubject to section 104,
			 the Museum shall bear any and all costs associated with complying with the
			 provisions of this title, including studies and reports, surveys, relocating
			 tenants, and mitigating impacts to existing Federal buildings and structures
			 resulting directly from the development of the property by the Museum.
			106.Land use
			 approvals
				(a)Existing
			 authoritiesNothing in this title shall be construed as limiting
			 or affecting the authority or responsibilities of the National Capital Planning
			 Commission or the Commission of Fine Arts.
				(b)Cooperation
					(1)Zoning and land
			 useSubject to paragraph (2), the Administrator shall reasonably
			 cooperate with the Museum with respect to any zoning or other land use matter
			 relating to development of the Property in accordance with this title. Such
			 cooperation shall include consenting to applications by the Museum for
			 applicable zoning and permitting with respect to the property.
					(2)LimitationsThe
			 Administrator shall not be required to incur any costs with respect to
			 cooperation under this subsection and any consent provided under this
			 subsection shall be premised on the property being developed and operated in
			 accordance with this title.
					107.ReportsNot later than 1 year after the date of
			 enactment of this Act, and annually thereafter until the end of the 5-year
			 period following conveyance of the Property or until substantial completion of
			 the museum facility (whichever is later), the Museum shall submit annual
			 reports to the Administrator and the Committees detailing the development and
			 construction activities of the Museum with respect to this title.
			IIFederal Trade
			 Commission and the National Gallery of Art
			201.Short
			 titleThis title may be cited
			 as the Federal Trade Commission and
			 National Gallery of Art Facility Consolidation, Savings, and Efficiency Act of
			 2011.
			202.TransferNotwithstanding any other provision of law
			 and not later than December 31, 2012, the Administrator of General Services
			 shall transfer administrative jurisdiction, custody, and control of the
			 building located at 600 Pennsylvania Avenue, NW., District of Columbia, to the
			 National Gallery of Art for the purpose of housing and exhibiting works of art
			 and to carry out administrative functions and other activities related to the
			 mission of the National Gallery of Art.
			203.Remodeling,
			 renovating, or reconstructing
				(a)In
			 generalThe National Gallery of Art shall pay for the costs of
			 remodeling, renovating, or reconstructing the building referred to in section
			 202.
				(b)Federal
			 shareNo appropriated funds may be used for the initial costs for
			 the remodeling, renovating, or reconstructing of the building referred to in
			 section 202.
				(c)ProhibitionThe
			 National Gallery of Art may not use sale, lease, or exchange, including
			 leaseback arrangements, for the purposes of remodeling, renovating, or
			 reconstructing the building referred to in section 202.
				204.Relocation of
			 the Federal Trade Commission
				(a)RelocationNot
			 later than the date specified in section 202, the Administrator of General
			 Services shall relocate the Federal Trade Commission employees and operations
			 housed in the building identified in such section to not more than 160,000
			 usable square feet of space in the southwest quadrant of the leased building
			 known as Constitution Center located at 400 7th Street, Southwest in the
			 District of Columbia.
				(b)Occupancy
			 agreementNot later than 30 days following enactment of this Act,
			 the Administrator of General Services and the Securities and Exchange
			 Commission shall execute an agreement to assign or sublease the space (leased
			 pursuant to a Letter Contract entered into by the Securities and Exchange
			 Commission on July 28, 2010), as described in subsection (a), for the purposes
			 of housing the Federal Trade Commission employees and operations relocating
			 from the building located at 600 Pennsylvania Avenue, NW., District of
			 Columbia, pursuant to subsection (a) of this section.
				205.National
			 Gallery of ArtBeginning on
			 the date that the National Gallery of Art occupies the building referred to in
			 section 202—
				(1)the building shall
			 be known and designated as the North Building of the National Gallery of
			 Art; and
				(2)any reference in a
			 law, map, regulation, document, paper, or other record of the United States to
			 the building shall be deemed to be a reference to the North Building of
			 the National Gallery of Art.
				206.Discretionary
			 authorization reductions
				(a)Energy and water
			 retrofit and conservationThe
			 authorization of appropriations for the energy and water retrofit and
			 conservation measures program of the General Services Administration shall be
			 reduced from $20,000,000 to $0 for fiscal years 2012 and 2013.
				(b)Wellness and
			 fitness programThe authorization of appropriations for the
			 wellness and fitness program of the General Services Administration shall be
			 reduced from $7,000,000 to $0 for fiscal years 2012 and 2013.


115 S3311 IS: Defending the Integrity of Voting Systems Act
U.S. Senate
2018-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3311
		IN THE SENATE OF THE UNITED STATES

			July 31, 2018
			Mr. Blumenthal (for himself, Mr. Graham, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend title 18, United States Code, to prohibit interference with voting systems under the
			 Computer Fraud and Abuse Act.

 1.Short titleThis Act may be cited as the Defending the Integrity of Voting Systems Act. 2.Prohibition on interference with voting systemsSection 1030(e) of title 18, United States Code, is amended—
 (1)in paragraph (2)— (A)in subparagraph (A), by striking or at the end;
 (B)in subparagraph (B), by adding or at the end; and (C)by adding at the end the following:

 (C)that— (i)is part of a voting system; and
 (ii)(I)is used for the management, support, or administration of a Federal election; or (II)has moved in or otherwise affects interstate or foreign commerce;;
 (2)in paragraph (11), by striking and at the end; (3)in paragraph (12), by striking the period and inserting a semicolon; and
 (4)by adding at the end the following:  (13)the term Federal election means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3))); and
 (14)the term voting system has the meaning given the term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b))..


116 SRES 703 ATS: Designating the week beginning September 14, 2020, as National Hispanic-Serving Institutions Week.
U.S. Senate
2020-09-17
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.

III116th CONGRESS2d SessionS. RES. 703IN THE SENATE OF THE UNITED STATESSeptember 17, 2020Mr. Menendez (for himself, Mr. Cornyn, Ms. Cortez Masto, Mr. Bennet, Mr. Braun, Mr. Casey, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Gardner, Ms. Harris, Mr. Heinrich, Mr. Kaine, Ms. Klobuchar, Mrs. Loeffler, Ms. McSally, Ms. Rosen, Mr. Rubio, Mr. Sanders, Mr. Tillis, Mr. Udall, Mr. Van Hollen, Mr. Wyden, and Mr. Booker) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating the week beginning September 14, 2020, as National Hispanic-Serving Institutions Week.Whereas Hispanic-Serving Institutions are degree-granting institutions that have a full-time equivalent undergraduate enrollment of at least 25 percent Hispanic students;Whereas Hispanic-Serving Institutions play an important role in educating many underprivileged students and helping those students attain their full potential through higher education;Whereas 539 Hispanic-Serving Institutions operate in the United States;Whereas Hispanic-Serving Institutions represent 17 percent of all nonprofit institutions of higher education, yet serve 26.8 percent of all students and 67 percent of all Hispanic students, enrolling 2,533,333 Hispanics;Whereas, as of September 2020, the number of emerging Hispanic-Serving Institutions, defined as institutions that do not yet meet the threshold of 25 percent Hispanic full-time equivalent enrollment but serve a Hispanic student population of between 15 and 24.9 percent, stands at 352 institutions operating in 34 States and Puerto Rico;Whereas Hispanic-Serving Institutions are located in 25 States, the District of Columbia, and Puerto Rico;Whereas Hispanic-Serving Institutions are actively involved in stabilizing and improving the communities in which the institutions are located;Whereas Hispanic-Serving Institutions are leading efforts to increase Hispanic participation in science, technology, engineering, and mathematics (commonly referred to as STEM);Whereas Hispanic-Serving Institutions are engines of economic mobility and a major contributor to the economic prosperity of the United States;Whereas, of the institutions of higher education ranked by Opportunity Insights based on the economic mobility of the graduates of those institutions, 7 of the top 10, including the top-ranked institution, are Hispanic-Serving Institutions;Whereas celebrating the vast contributions of Hispanic-Serving Institutions to the United States strengthens the culture of the United States; andWhereas the achievements and goals of Hispanic-Serving Institutions deserve national recognition: Now, therefore, be itThat the Senate—(1)recognizes the achievements and goals of Hispanic-Serving Institutions in the States, the District of Columbia, and Puerto Rico;(2)designates the week beginning September 14, 2020, as National Hispanic-Serving Institutions Week; and(3)calls on the people of the United States and interested groups to observe the week with appropriate ceremonies, activities, and programs to demonstrate support for Hispanic-Serving Institutions.


		I
		111th CONGRESS
		1st Session
		H. R. 12
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Ms. DeLauro (for
			 herself, Mr. Doyle,
			 Mr. Hoyer,
			 Mr. George Miller of California,
			 Ms. Hirono,
			 Mr. Ruppersberger,
			 Ms. Schakowsky,
			 Mr. Stark,
			 Mr. Ackerman,
			 Ms. Clarke,
			 Mr. Holt, Mr. Levin, Mr.
			 Kildee, Mrs. McCarthy of New
			 York, Ms. Sutton,
			 Mr. Van Hollen,
			 Mr. Ellison,
			 Ms. Edwards of Maryland,
			 Mr. Grijalva,
			 Mr. Nadler of New York,
			 Ms. Norton,
			 Mr. Oberstar,
			 Ms. Matsui,
			 Mrs. Tauscher,
			 Mr. Payne,
			 Mr. Hodes,
			 Mr. Jackson of Illinois,
			 Ms. Lee of California,
			 Mr. Rothman of New Jersey,
			 Mr. Serrano,
			 Mr. Weiner,
			 Mr. Wu, Mr. Cohen, Mr.
			 Conyers, Mr. Hare,
			 Mr. Israel,
			 Mr. Larson of Connecticut,
			 Mr. Sestak,
			 Mr. Abercrombie,
			 Mr. Andrews,
			 Mr. Arcuri,
			 Mr. Baca, Mr. Becerra, Ms.
			 Berkley, Mr. Bishop of New
			 York, Mr. Blumenauer,
			 Mr. Boswell,
			 Mr. Boucher,
			 Mr. Brady of Pennsylvania,
			 Mrs. Capps,
			 Mr. Carnahan,
			 Mr. Carson of Indiana,
			 Mr. Clay, Mr. Cleaver, Mr.
			 Clyburn, Mr. Courtney,
			 Mr. Cummings,
			 Mr. Davis of Alabama,
			 Mrs. Davis of California,
			 Mr. DeFazio,
			 Ms. DeGette,
			 Mr. Dicks,
			 Mr. Engel,
			 Mr. Farr, Mr. Fattah, Mr.
			 Filner, Ms. Giffords,
			 Mrs. Gillibrand,
			 Mr. Hall of New York,
			 Mr. Hastings of Florida,
			 Mr. Hinchey,
			 Mr. Hinojosa,
			 Mr. Honda,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mr. Johnson of Georgia,
			 Mr. Kagen,
			 Mr. Kind, Mr. Langevin, Mr.
			 Lewis of Georgia, Mr.
			 Lipinski, Mr. Loebsack,
			 Ms. Zoe Lofgren of California,
			 Mrs. Lowey,
			 Mr. Lynch,
			 Mr. Maffei,
			 Mrs. Maloney,
			 Mr. Markey of Massachusetts,
			 Ms. McCollum,
			 Mr. McDermott,
			 Mr. Michaud,
			 Mr. Miller of North Carolina,
			 Mr. Moore of Kansas,
			 Ms. Moore of Wisconsin,
			 Mr. Moran of Virginia,
			 Mr. Patrick Murphy of Pennsylvania,
			 Mr. Obey, Mr. Olver, Mr.
			 Pallone, Mr. Pascrell,
			 Mr. Peters,
			 Mr. Reyes,
			 Mr. Rodriguez,
			 Ms. Linda T. Sanchez of California,
			 Ms. Loretta Sanchez of California,
			 Mr. Sarbanes,
			 Mr. Schiff,
			 Ms. Schwartz,
			 Mr. Scott of Georgia,
			 Mr. Scott of Virginia,
			 Ms. Shea-Porter,
			 Mr. Sherman,
			 Mr. Sires,
			 Mr. Skelton,
			 Ms. Slaughter,
			 Ms. Speier,
			 Mr. Tierney,
			 Mr. Towns,
			 Ms. Tsongas,
			 Mr. Visclosky,
			 Mr. Walz, Ms. Wasserman Schultz,
			 Ms. Waters,
			 Ms. Watson,
			 Mr. Waxman,
			 Mr. Welch,
			 Mr. Wexler,
			 Ms. Woolsey,
			 Mr. Yarmuth,
			 Ms. Harman,
			 Ms. Kaptur,
			 Mr. Kucinich,
			 Mr. McMahon,
			 Mr. Murphy of Connecticut,
			 Mr. Perriello,
			 Ms. Pingree of Maine,
			 Mr. Pomeroy,
			 Mr. Ryan of Ohio,
			 Mr. Thompson of Mississippi,
			 Ms. Velazquez,
			 Mr. Heinrich,
			 Mr. Baird,
			 Ms. Baldwin,
			 Mr. Berman,
			 Mr. Berry,
			 Ms. Bordallo,
			 Mr. Braley of Iowa,
			 Ms. Corrine Brown of Florida,
			 Mr. Butterfield,
			 Mr. Capuano,
			 Mr. Davis of Illinois,
			 Mr. Dingell,
			 Mrs. Christensen,
			 Mr. Doggett,
			 Mr. Larsen of Washington,
			 Mr. Watt, Mr. Stupak, Ms.
			 Castor of Florida, Mr. Bishop of
			 Georgia, Mr. Murtha,
			 Mr. Cardoza,
			 Mr. Rush, Mr. Ortiz, Mr.
			 Edwards of Texas, Mr.
			 Shuler, Mr. Al Green of
			 Texas, Mr. Gonzalez,
			 Mr. Cooper,
			 Mr. Mitchell,
			 Mr. Peterson,
			 Mr. Gene Green of Texas,
			 Ms. Richardson,
			 Mr. Higgins,
			 Ms. Jackson-Lee of Texas,
			 Mr. Thompson of California,
			 Mr. Costello, and
			 Mr. Kennedy) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor

		A BILL
		To amend the Fair Labor Standards Act of 1938 to provide
		  more effective remedies to victims of discrimination in the payment of wages on
		  the basis of sex, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Paycheck Fairness
			 Act.
		2.FindingsCongress finds the following:
			(1)Women have entered
			 the workforce in record numbers over the past 50 years.
			(2)Despite the
			 enactment of the Equal Pay Act in 1963, many women continue to earn
			 significantly lower pay than men for equal work. These pay disparities exist in
			 both the private and governmental sectors. In many instances, the pay
			 disparities can only be due to continued intentional discrimination or the
			 lingering effects of past discrimination.
			(3)The existence of
			 such pay disparities—
				(A)depresses the
			 wages of working families who rely on the wages of all members of the family to
			 make ends meet;
				(B)undermines women's
			 retirement security, which is often based on earnings while in the
			 workforce;
				(C)prevents the
			 optimum utilization of available labor resources;
				(D)has been spread
			 and perpetuated, through commerce and the channels and instrumentalities of
			 commerce, among the workers of the several States;
				(E)burdens commerce
			 and the free flow of goods in commerce;
				(F)constitutes an
			 unfair method of competition in commerce;
				(G)leads to labor
			 disputes burdening and obstructing commerce and the free flow of goods in
			 commerce;
				(H)interferes with
			 the orderly and fair marketing of goods in commerce; and
				(I)in many instances,
			 may deprive workers of equal protection on the basis of sex in violation of the
			 5th and 14th amendments.
				(4)(A)Artificial barriers to
			 the elimination of discrimination in the payment of wages on the basis of sex
			 continue to exist decades after the enactment of the Fair Labor Standards Act
			 of 1938 (29 U.S.C. 201 et seq.) and the Civil
			 Rights Act of 1964 (42 U.S.C. 2000a et seq.).
				(B)These barriers have resulted, in
			 significant part, because the Equal Pay Act has not worked as Congress
			 originally intended. Improvements and modifications to the law are necessary to
			 ensure that the Act provides effective protection to those subject to pay
			 discrimination on the basis of their sex.
				(C)Elimination of such barriers would
			 have positive effects, including—
					(i)providing a solution to problems in
			 the economy created by unfair pay disparities;
					(ii)substantially reducing the number
			 of working women earning unfairly low wages, thereby reducing the dependence on
			 public assistance;
					(iii)promoting stable families by
			 enabling all family members to earn a fair rate of pay;
					(iv)remedying the effects of past
			 discrimination on the basis of sex and ensuring that in the future workers are
			 afforded equal protection on the basis of sex; and
					(v)ensuring equal protection pursuant
			 to Congress’ power to enforce the 5th and 14th amendments.
					(5)The Department of Labor and the Equal
			 Employment Opportunity Commission have important and unique responsibilities to
			 help ensure that women receive equal pay for equal work.
			(6)The Department of Labor is responsible
			 for—
				(A)collecting and making publicly available
			 information about women’s pay;
				(B)ensuring that companies receiving Federal
			 contracts comply with anti-discrimination affirmative action requirements of
			 Executive Order 11246 (relating to equal employment opportunity);
				(C)disseminating information about women’s
			 rights in the workplace;
				(D)helping women who have been victims of pay
			 discrimination obtain a remedy; and
				(E)being proactive in
			 investigating and prosecuting equal pay violations, especially systemic
			 violations, and in enforcing all of its mandates.
				(7)The Equal Employment Opportunity Commission
			 is the primary enforcement agency for claims made under the Equal Pay Act, and
			 issues regulations and guidance on appropriate interpretations of the
			 law.
			(8)With a stronger
			 commitment by the Department of Labor and the Equal Employment Opportunity
			 Commission to their responsibilities, increased information as a result of the
			 amendments made by this Act to the Equal Pay Act of 1963, wage data, and more
			 effective remedies, women will be better able to recognize and enforce their
			 rights.
			(9)Certain employers
			 have already made great strides in eradicating unfair pay disparities in the
			 workplace and their achievements should be recognized.
			3.Enhanced
			 enforcement of equal pay requirements
			(a)Bona-fide factor
			 defense and modification of same establishment requirementSection 6(d)(1) of the Fair Labor Standards
			 Act of 1938 (29 U.S.C. 206(d)(1)) is amended—
				(1)by striking
			 No employer having and inserting (A) No employer
			 having;
				(2)by striking
			 any other factor other than sex and inserting a bona fide
			 factor other than sex, such as education, training, or experience;
			 and
				(3)by inserting at
			 the end the following:

						(B)The bona fide factor defense described in
				subparagraph (A)(iv) shall apply only if the employer demonstrates that such
				factor (i) is not based upon or derived from a sex-based differential in
				compensation; (ii) is job-related with respect to the position in question; and
				(iii) is consistent with business necessity. Such defense shall not apply where
				the employee demonstrates that an alternative employment practice exists that
				would serve the same business purpose without producing such differential and
				that the employer has refused to adopt such alternative practice.
						(C)For purposes of subparagraph (A), employees
				shall be deemed to work in the same establishment if the employees work for the
				same employer at workplaces located in the same county or similar political
				subdivision of a State. The preceding sentence shall not be construed as
				limiting broader applications of the term establishment consistent
				with rules prescribed or guidance issued by the Equal Opportunity Employment
				Commission.
						.
				(b)Nonretaliation
			 provisionSection 15 of the Fair Labor Standards Act of 1938 (29
			 U.S.C. 215(a)(3)) is amended—
				(1)in subsection
			 (a)(3), by striking employee has filed and all that follows and
			 inserting

						employee—(A)has made a charge or filed any complaint or
				instituted or caused to be instituted any investigation, proceeding, hearing,
				or action under or related to this Act, including an investigation conducted by
				the employer, or has testified or is planning to testify or has assisted or
				participated in any manner in any such investigation, proceeding, hearing or
				action, or has served or is planning to serve on an industry Committee;
				or
						(B)has inquired about, discussed or disclosed
				the wages of the employee or another
				employee.
						;
				and
				(2)by adding at the
			 end the following:

						(c)Subsection (a)(3)(B) shall not apply to
				instances in which an employee who has access to the wage information of other
				employees as a part of such employee’s essential job functions discloses the
				wages of such other employees to individuals who do not otherwise have access
				to such information, unless such disclosure is in response to a complaint or
				charge or in furtherance of an investigation, proceeding, hearing, or action
				under section 6(d), including an investigation conducted by the employer.
				Nothing in this subsection shall be construed to limit the rights of an
				employee provided under any other provision of
				law.
						.
				(c)Enhanced
			 penaltiesSection 16(b) of the Fair Labor Standards Act of 1938
			 (29 U.S.C. 216(b)) is amended—
				(1)by inserting after
			 the first sentence the following: Any employer who violates section 6(d)
			 shall additionally be liable for such compensatory damages, or, where the
			 employee demonstrates that the employer acted with malice or reckless
			 indifference, punitive damages as may be appropriate, except that the United
			 States shall not be liable for punitive damages.;
				(2)in the sentence
			 beginning An action to, by striking either of the
			 preceding sentences and inserting any of the preceding sentences
			 of this subsection;
				(3)in the sentence
			 beginning No employees shall, by striking No
			 employees and inserting Except with respect to class actions
			 brought to enforce section 6(d), no employee;
				(4)by inserting after
			 the sentence referred to in paragraph (3), the following:
			 Notwithstanding any other provision of Federal law, any action brought
			 to enforce section 6(d) may be maintained as a class action as provided by the
			 Federal Rules of Civil Procedure.; and
				(5)in
			 the sentence beginning The court in—
					(A)by striking
			 in such action and inserting in any action brought to
			 recover the liability prescribed in any of the preceding sentences of this
			 subsection; and
					(B)by inserting
			 before the period the following: , including expert fees.
					(d)Action by
			 SecretarySection 16(c) of the Fair Labor Standards Act of 1938
			 (29 U.S.C. 216(c)) is amended—
				(1)in the first
			 sentence—
					(A)by inserting
			 or, in the case of a violation of section 6(d), additional compensatory
			 or punitive damages, as described in subsection (b), before and
			 the agreement; and
					(B)by inserting
			 before the period the following: , or such compensatory or punitive
			 damages, as appropriate;
					(2)in the second
			 sentence, by inserting before the period the following: and, in the case
			 of a violation of section 6(d), additional compensatory or punitive damages, as
			 described in subsection (b);
				(3)in the third
			 sentence, by striking the first sentence and inserting
			 the first or second sentence; and
				(4)in the last
			 sentence—
					(A)by striking
			 commenced in the case and
			 inserting

							commenced—(1)in the
				case
							;
					(B)by striking the
			 period and inserting ; or; and
					(C)by adding at the
			 end the following:

							(2)in the case of a
				class action brought to enforce section 6(d), on the date on which the
				individual becomes a party plaintiff to the class
				action.
							.
					4.TrainingThe Equal Employment Opportunity Commission
			 and the Office of Federal Contract Compliance Programs, subject to the
			 availability of funds appropriated under section 10, shall provide training to
			 Commission employees and affected individuals and entities on matters involving
			 discrimination in the payment of wages.
		5.Negotiation
			 skills training for girls and women
			(a)Program
			 authorized
				(1)In
			 generalThe Secretary of Labor, after consultation with the
			 Secretary of Education, is authorized to establish and carry out a grant
			 program.
				(2)GrantsIn
			 carrying out the program, the Secretary of Labor may make grants on a
			 competitive basis to eligible entities, to carry out negotiation skills
			 training programs for girls and women.
				(3)Eligible
			 entitiesTo be eligible to receive a grant under this subsection,
			 an entity shall be a public agency, such as a State, a local government in a
			 metropolitan statistical area (as defined by the Office of Management and
			 Budget), a State educational agency, or a local educational agency, a private
			 nonprofit organization, or a community-based organization.
				(4)ApplicationTo
			 be eligible to receive a grant under this subsection, an entity shall submit an
			 application to the Secretary of Labor at such time, in such manner, and
			 containing such information as the Secretary of Labor may require.
				(5)Use of
			 fundsAn entity that receives
			 a grant under this subsection shall use the funds made available through the
			 grant to carry out an effective negotiation skills training program that
			 empowers girls and women. The training provided through the program shall help
			 girls and women strengthen their negotiation skills to allow the girls and
			 women to obtain higher salaries and rates of compensation that are equal to
			 those paid to similarly-situated male employees.
				(b)Incorporating
			 training into existing programsThe Secretary of Labor and the
			 Secretary of Education shall issue regulations or policy guidance that provides
			 for integrating the negotiation skills training, to the extent practicable,
			 into programs authorized under—
				(1)in the case of the
			 Secretary of Education, the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6301 et seq.), the Carl D. Perkins Vocational and Technical Education
			 Act of 1998 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20
			 U.S.C. 1001 et seq.), and other programs carried out by the Department of
			 Education that the Secretary of Education determines to be appropriate;
			 and
				(2)in the case of the
			 Secretary of Labor, the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
			 seq.), and other programs carried out by the Department of Labor that the
			 Secretary of Labor determines to be appropriate.
				(c)ReportNot later than 1 year after the date of
			 enactment of this Act, and annually thereafter, the Secretary of Labor and the
			 Secretary of Education shall prepare and submit to Congress a report describing
			 the activities conducted under this section and evaluating the effectiveness of
			 such activities in achieving the purposes of this Act.
			6.Research,
			 education, and outreachThe
			 Secretary of Labor shall conduct studies and provide information to employers,
			 labor organizations, and the general public concerning the means available to
			 eliminate pay disparities between men and women, including—
			(1)conducting and
			 promoting research to develop the means to correct expeditiously the conditions
			 leading to the pay disparities;
			(2)publishing and
			 otherwise making available to employers, labor organizations, professional
			 associations, educational institutions, the media, and the general public the
			 findings resulting from studies and other materials, relating to eliminating
			 the pay disparities;
			(3)sponsoring and
			 assisting State and community informational and educational programs;
			(4)providing
			 information to employers, labor organizations, professional associations, and
			 other interested persons on the means of eliminating the pay
			 disparities;
			(5)recognizing and
			 promoting the achievements of employers, labor organizations, and professional
			 associations that have worked to eliminate the pay disparities; and
			(6)convening a
			 national summit to discuss, and consider approaches for rectifying, the pay
			 disparities.
			7.Establishment of
			 the National Award for Pay Equity in the Workplace
			(a)In
			 generalThere is established
			 the Secretary of Labor’s National Award for Pay Equity in the Workplace, which
			 shall be awarded, as appropriate, to encourage proactive efforts to comply with
			 section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)).
			(b)Criteria for
			 qualificationThe Secretary
			 of Labor shall set criteria for receipt of the award, including a requirement
			 that an employer has made substantial effort to eliminate pay disparities
			 between men and women, and deserves special recognition as a consequence of
			 such effort. The Secretary shall establish procedures for the application and
			 presentation of the award.
			(c)BusinessIn
			 this section, the term employer includes—
				(1)(A)a corporation, including
			 a nonprofit corporation;
					(B)a partnership;
					(C)a professional association;
					(D)a labor organization; and
					(E)a business entity similar to an entity
			 described in any of subparagraphs (A) through (D);
					(2)an entity carrying
			 out an education referral program, a training program, such as an
			 apprenticeship or management training program, or a similar program; and
				(3)an
			 entity carrying out a joint program, formed by a combination of any entities
			 described in paragraph (1) or (2).
				8.Collection of pay
			 information by the equal employment opportunity CommissionSection 709 of the
			 Civil Rights Act of 1964 (42 U.S.C.
			 2000e–8) is amended by adding at the end the following:

				(f)(1)Not later than 18 months
				after the date of enactment of this subsection, the Commission shall—
						(A)complete a survey of the data that is
				currently available to the Federal Government relating to employee pay
				information for use in the enforcement of Federal laws prohibiting pay
				discrimination and, in consultation with other relevant Federal agencies,
				identify additional data collections that will enhance the enforcement of such
				laws; and
						(B)based on the results of the survey and
				consultations under subparagraph (A), issue regulations to provide for the
				collection of pay information data from employers as described by the sex,
				race, and national origin of employees.
						(2)In implementing paragraph (1), the
				Commission shall have as its primary consideration the most effective and
				efficient means for enhancing the enforcement of Federal laws prohibiting pay
				discrimination. For this purpose, the Commission shall consider factors
				including the imposition of burdens on employers, the frequency of required
				reports (including which employers should be required to prepare reports),
				appropriate protections for maintaining data confidentiality, and the most
				effective format for the data collection
				reports.
					.
		9.Reinstatement of
			 pay equity programs and pay equity data collection
			(a)Bureau of Labor
			 Statistics data collectionThe Commissioner of Labor Statistics
			 shall continue to collect data on women workers in the Current Employment
			 Statistics survey.
			(b)Office of Federal
			 Contract Compliance Programs initiativesThe Director of the
			 Office of Federal Contract Compliance Programs shall ensure that employees of
			 the Office—
				(1)(A)shall use the full range
			 of investigatory tools at the Office's disposal, including pay grade
			 methodology;
					(B)in considering evidence of possible
			 compensation discrimination—
						(i)shall not limit its consideration
			 to a small number of types of evidence; and
						(ii)shall not limit its evaluation of
			 the evidence to a small number of methods of evaluating the evidence;
			 and
						(C)shall not require a multiple
			 regression analysis or anecdotal evidence for a compensation discrimination
			 case;
					(2)for purposes of
			 its investigative, compliance, and enforcement activities, shall define
			 similarly situated employees in a way that is consistent with and
			 not more stringent than the definition provided in item 1 of subsection A of
			 section 10–III of the Equal Employment Opportunity Commission Compliance Manual
			 (2000), and shall consider only factors that the Office's investigation reveals
			 were used in making compensation decisions; and
				(3)shall reinstate the Equal Opportunity
			 Survey, as required by section 60–2.18 of title 41, Code of Federal Regulations
			 (as in effect on September 7, 2006), designating not less than half of all
			 nonconstruction contractor establishments each year to prepare and file such
			 survey, and shall review and utilize the responses to such survey to identify
			 contractor establishments for further evaluation and for other enforcement
			 purposes as appropriate.
				(c)Department of
			 Labor distribution of wage discrimination informationThe
			 Secretary of Labor shall make readily available (in print, on the Department of
			 Labor website, and through any other forum that the Department may use to
			 distribute compensation discrimination information), accurate information on
			 compensation discrimination, including statistics, explanations of employee
			 rights, historical analyses of such discrimination, instructions for employers
			 on compliance, and any other information that will assist the public in
			 understanding and addressing such discrimination.
			10.Authorization of
			 appropriations
			(a)Authorization of
			 AppropriationsThere are
			 authorized to be appropriated $15,000,000 to carry out this Act.
			(b)Prohibition on
			 EarmarksNone of the funds
			 appropriated pursuant to subsection (a) for purposes of the grant program in
			 section 5 of this Act may be used for a Congressional earmark as defined in
			 clause 9(d) of rule XXI of the Rules of the House of Representatives.
			11.Small Business
			 Assistance
			(a)Effective
			 dateThis Act and the
			 amendments made by this Act shall take effect on the date that is 6 months
			 after the date of enactment of this Act.
			(b)Technical
			 assistance materialsThe Secretary of Labor and the Commissioner
			 of the Equal Employment Opportunity Commission shall jointly develop technical
			 assistance material to assist small businesses in complying with the
			 requirements of this Act and the amendments made by this Act.
			(c)Small
			 BusinessesA small business shall be exempt from the provisions
			 of this Act to the same extent that such business is exempt from the
			 requirements of the Fair Labor Standards Act pursuant to section 3(s)(1)(A)(i)
			 and (ii) of such Act.
			12.Rule of
			 ConstructionNothing in this
			 Act, or in any amendments made by this Act, shall affect the obligation of
			 employers and employees to fully comply with all applicable immigration laws,
			 including any penalties, fines, or other sanctions.