116 HR 8349 IH: Hazard Pay for Essential Workers Act of 2020
U.S. House of Representatives
2020-09-22
text/xml
EN
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I116th CONGRESS2d SessionH. R. 8349IN THE HOUSE OF REPRESENTATIVESSeptember 22, 2020Mr. Van Drew introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Energy and Commerce, Veterans' Affairs, Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide hazard pay to frontline essential workers employed during the COVID–19 pandemic.1.Short title; table of contents(a)Short titleThis Act may be cited as the Hazard Pay for Essential Workers Act of 2020.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Title I—Hazard Pay for Essential WorkersSec. 101. Definitions.Sec. 102. Pandemic premium pay for essential workers.Sec. 103. COVID–19 Hazard Fund.Sec. 104. COVID–19 Hazard Fund grants.Sec. 105. Enforcement and outreach.Sec. 106. Funding for the Department of the Treasury Office of Inspector General.Sec. 107. Authorization and appropriations.IHazard Pay for Essential Workers101.DefinitionsIn this title:(1)COVID–19 public health emergencyThe term COVID–19 Public Health Emergency means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19.(2)EmployeeExcept as provided in paragraph (3)(C)(iii), the term employee means an individual (not employed by an entity excluded from the definition of the term employer for purposes of this title under paragraph (3)(B)) who is—(A)an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), except that a reference in such section 3(e) to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (3)(A); (B)a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or(C)an employee of a Tribal employer. (3)Employer(A)In generalThe term employer means, except as provided in subparagraph (B), a person who is—(i)(I)a covered employer, as defined in subparagraph (C);(II)an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; or(III)a Tribal employer; and(ii)engaged in commerce (including government), or an industry or activity affecting commerce (including government).(B)Exclusion of executive, legislative, and judicial entities(i)In generalThe term employer does not include—(I) each agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government including those listed in clause (ii), except, only as provided in section 102(g)(2), the VA Office of Geriatrics & Extended Care of the Veterans Health Administration; (II)the United States Postal Service or the Postal Regulatory Commission; or(III)a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces.(ii)InclusionsThe agencies, offices, are other establishments listed in this clause include—(I)each agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government, including—(aa)an Executive agency, as that term is defined in section 105 of title 5, United States Code;(bb)a military department, as that term is defined in section 102 of title 5, United States Code;(cc)the Federal Aviation Administration; (dd)the Transportation Security Administration; (ee)the Department of Veterans Affairs; and(ff)the Government Accountability Office; (II)the District of Columbia courts and the District of Columbia Public Defender Service; and(III)(aa)an Indian tribe or tribal organization carrying out a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); (bb)an Indian tribe or tribal organization that receives a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and (cc)an urban Indian organization that receives a grant or carries out a contract under title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.).(C)Covered employer(i)In generalIn subparagraph (A)(i)(I), the term covered employer—(I)means any person engaged in commerce (including government), or in any industry or activity affecting commerce (including government), who employs 1 or more employees; (II)includes—(aa)any person who acts directly or indirectly in the interest of (within the meaning of section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d))) an employer in relation to any of the employees of such employer; and(bb)any successor in interest of an employer;(III)except as provided in subparagraph (B), includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); (IV)includes any person described in subclause (I) who conducts business as a not-for-profit organization;(V)includes—(aa)an entity or person that contracts directly with a State, locality, Tribal government, or the Federal Government, to provide care (which may include items and services) through employees of such entity or person to individuals under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), under a State Medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan, or under any other program established or administered by a State, locality, Tribal government, or the Federal Government; (bb)a subcontractor of an entity or person described in item (aa); (cc)an individual client (or a representative on behalf of an individual client), an entity, or a person, that employs an individual to provide care (which may include items and services) to the individual client under a self-directed service delivery model through a program established or administered by a State, locality, Tribal government, or the Federal Government; or(dd)an individual client (or a representative on behalf of an individual client) that, on their own accord, employs an individual to provide care (which may include items and services) to the individual client using the individual client's own finances;(VI)includes the United States Postal Service;(VII)includes a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces; and(VIII)includes, only with respect to section 102(g)(2), the VA Office of Geriatrics & Extended Care of the Veterans Health Administration. (ii)Public agencyFor purposes of this title, a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.(iii)Definition of employeeFor purposes of clause (i), the term employee has the meaning given such term in section 3(e), except such term does not include any individual employed by entity excluded from the definition of the term employer for purposes of this title under subparagraph (B). (D)PredecessorsAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (E)Definition of commerceFor purposes of this paragraph, the terms commerce and industry or activity affecting commerce—(i)mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce; (ii)include commerce and any industry affecting commerce, as such terms are defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142(1) and (3)); and (iii)include commerce, as defined in section 3(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(b)) and as described in section 2(a) of such Act (29 U.S.C. 202(a)). (4)Employer payroll taxesThe term employer payroll taxes means—(A)taxes imposed under sections 3111(b), 3221(a) (but only to the extent attributable to the portion of such tax attributable to the tax imposed by section 3111(b)), 3221(b), and 3301 of the Internal Revenue Code of 1986; and(B)taxes imposed by a State or local government on an employer with respect to amounts paid by such employer for work by employees. (5)Essential workThe term essential work means any work that—(A)is performed during the period that begins on January 27, 2020, and ends 60 days after the last day of the COVID–19 Public Health Emergency;(B)is not performed while teleworking from a residence; (C)involves—(i)regular in-person interactions with—(I)patients; (II)the public; or(III)coworkers of the individual performing the work; or(ii)regular physical handling of items that were handled by, or are to be handled by—(I)patients;(II)the public; or (III)coworkers of the individual performing the work; and (D)is in any of the following areas:(i)First responder work, in the public sector or private sector, including services in response to emergencies that have the potential to cause death or serious bodily injury, such as police, fire, emergency medical, protective, child maltreatment, domestic violence, and correctional services (including activities carried out by employees in fire protection activities, as defined in section 3(y) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(y)) and activities of law enforcement officers, as defined in section 1204(6) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284(6)). (ii)Health care work physically provided in inpatient settings (including hospitals and other inpatient post-acute care settings such as nursing homes, inpatient rehabilitation facilities, and other related settings) and other work physically performed in such inpatient settings that supports or is in furtherance of such health care work physically provided in inpatient settings.(iii)Health care work physically provided in outpatient settings (including at physician offices, community health centers, rural health clinics and other clinics, hospital outpatient departments, freestanding emergency departments, ambulatory surgical centers, and other related settings), and other work physically performed in such inpatient settings that supports or is in furtherance of such health care work physically provided in outpatient settings.(iv)Pharmacy work, physically performed in pharmacies, drug stores, or other retail facilities specializing in medical goods and supplies.(v)Any work physically performed in a facility that performs medical testing and diagnostic services, including laboratory processing, medical testing services, or related activities.(vi)Home and community-based work, including home health care, residential care, assistance with activities of daily living, and any services provided by direct care workers (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)), personal care aides, job coaches, or supported employment providers, and any other provision of care to individuals in their homes by direct service providers, personal care attendants, and home health aides.(vii)Biomedical research regarding SARS–CoV–2 and COVID–19 that involves the handling of hazardous materials such as COVID–19 samples.(viii)Behavioral health work requiring physical interaction with individuals, including mental health services and substance use disorder prevention, treatment, and recovery services.(ix)Nursing care and residential care work physically provided in a facility.(x)Family care, including child care services, in-home child care services such as nanny services, and care services provided by family members to other family members.(xi)Social services work, including social work, case management, social and human services, child welfare, family services, shelter and services for people who have experienced intimate partner violence or sexual assault, services for individuals who are homeless, child services, community food and housing services, and other emergency social services.(xii)Public health work conducted at State, local, territorial, and Tribal government public health agencies, including epidemiological activities, surveillance, contact tracing, data analysis, statistical research, health education, and other disease detection, prevention, and response methods. (xiii)Tribal vital services, as defined by the Commissioner of the Administration for Native Americans in consultation with Tribal governments and after conferring with urban Indian organizations.(xiv)Grocery work physically performed at grocery stores, supermarkets, convenience stores, corner stores, drug stores, retail facilities specializing in medical goods and supplies, bodegas, and other locations where individuals purchase non-prepared food items.(xv)Restaurant work, including carry-out, drive-thru, or food delivery work, requiring physical interaction with individuals or food products.(xvi)Food production work involving the physical interaction with food products, including all agricultural work, farming, fishing, forestry, ranching, processing, canning, slaughtering, packaging, baking, butchering, and other food production work, such as any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or section 3121(g) of the Internal Revenue Code of 1986, and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.(xvii)Transportation work, including—(I)any services in public transportation, as defined in section 5302(14) of title 49, United States Code;(II)any private transportation of people, such as transportation provided by air, rail, bus, taxicab, personal car or truck, non-motorized vehicle, or otherwise, including all services performed by individuals working in or on such vehicles, vehicle depots, or transit facilities;(III)any private transportation of goods in bulk, including transportation via heavy or light truck, rail, air, or otherwise;(IV)any public or private transportation of mail or packages;(V)any private transportation of food or other goods to individuals, including in a personal car or truck, non-motorized vehicle, or otherwise;(VI)any services in passenger rail transportation, including commuter rail, intercity passenger rail, or Amtrak, including services performed by employees of contractors of such entities;(VII)any services in the transportation of persons, property, or mail by an aircraft of an air carrier conducting operations under part 121 of title 14, Code of Federal Regulations (or successor regulations), or a foreign air carrier within, to, or from the United States, either on board an aircraft or on the ground at an airport, including services performed by employees of contractors of air carriers, or foreign air carriers, as described in section 4111(3) of the CARES Act (Public Law 116–136);(VIII)any services as an aircraft mechanic or technician who performs maintenance, repair, or overhaul work on an aircraft of an air carrier conducting operations under such part 121 or foreign air carrier within the United States;(IX)services as maritime workers who qualify as seamen under section 10101(3) of title 46, United States Code, and other maritime employees including—(aa)longshoremen, harbor workers, and shipbuilders covered under section 2(3) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) involved in the transportation of merchandise or passengers by water; and(bb)shipbuilders and ship repairers who are working for an employer performing shipbuilding or ship repair work under contract or subcontract to the Departments of Defense, Energy, or Homeland Security for military or other national security purposes; and(X)services as maritime transportation workers supporting or enabling transportation functions, including such services as—(aa)barge workers, tug operators, and port and facility security personnel;(bb)marine dispatchers; and (cc)workers who repair and maintain marine vessels (including the equipment and infrastructure that enables operations that encompass movement of cargo and passengers).(xviii)Work physically performed in a warehouse or other facility in warehousing (including all services performed by individuals picking, sorting, packing, and shipping in warehouses), storage, distribution, or call center support facilities, and other essential operational support functions that are necessary to accept, store, and process goods, and that facilitate the goods' transportation and delivery.(xix)Cleaning work and building maintenance work physically performed on the grounds of a facility, including all custodial or janitorial services, security services, and repair and maintenance services.(xx)Work in the collection, removal, transport, storage, or disposal of residential, industrial, or commercial solid waste and recycling, including services provided by individuals who drive waste or recycling trucks, who pick up waste or recycling from residential or commercial locations, or who work at waste or recycling centers or landfills.(xxi)Work in the gathering, processing, disseminating, and delivery of news and information that serves the public interest to the public through mass media, including television, radio, and newspapers.(xxii)Any work performed by an employee of a State, locality, or Tribal government, that is determined to be essential work by the highest authority of such State, locality, or Tribal government.(xxiii)Educational work, school nutrition work, and other work required to operate a school facility, including early childhood programs, preschool programs, elementary and secondary education, and higher education.(xxiv)Laundry work, including work in laundromats, laundry service companies, and dry cleaners.(xxv)Elections work physically performed at polling places or otherwise amongst the public, including public-sector elections personnel and private-sector elections personnel.(xxvi)Hazardous materials management, response, and cleanup work associated with any other essential work covered under this paragraph, including health care waste (including medical, pharmaceuticals, and medical material production), and testing operations (including laboratories processing test kits).(xxvii)Disinfection work for all facilities and modes of transportation involved in other essential work covered under this paragraph.(xxviii)Work in critical clinical research, development, and testing necessary for COVID–19 response that involves physical interaction with hazardous materials, such as samples of COVID–19.(xxix)Work in mortuary, funeral, cremation, burial, cemetery, and related services.(xxx)Work requiring physical interactions with patients in physical therapy, occupational therapy, speech-language pathology, and respiratory therapy and other therapy services.(xxxi)Dental care work requiring physical interaction with patients.(xxxii)Work performed by employees of the U.S. Postal Service.(xxxiii)Work at hotel and commercial lodging facilities that are used for COVID–19 mitigation and containment measures. (xxxiv)Work installing or repairing a telecommunications line or equipment. (6)Essential workerThe term essential worker means an individual, whose work and duties include essential work, and who is—(A)an employee of an employer; or(B)an individual performing any services or labor for remuneration for an employer, regardless of whether the individual is classified as an independent contractor by the employer.(7)Essential work employerThe term essential work employer means an employer who employs, or provides remuneration for services or labor to, an essential worker.(8)FLSA termsThe terms employ, person, regular rate, and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).(9)Highly-compensated essential workerThe term highly-compensated essential worker means an essential worker who is paid the equivalent of $200,000 or more per year by an essential work employer. (10)Large essential work employerThe term large essential work employer means an essential work employer who has more than 500 individuals who are employed by the employer or are otherwise providing services or labor for remuneration for the employer. (11)Self-directed care workerThe term self-directed care worker means an individual employed to provide care (which may include items and services) to an individual client—(A)under a self-directed service delivery model through a program established or administered by a State, locality, Tribal government, or the Federal Government; or(B) on the individual client's own accord and using the individual client's own finances.(12)Tribal employerThe term Tribal employer means—(A)any Tribal government, a subdivision of a Tribal government (determined in accordance with section 7871(d) of the Internal Revenue Code), or an agency or instrumentality of a Tribal government or subdivision thereof;(B)any Tribal organization (as the term tribal organization is defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)));(C)any corporation if more than 50 percent (determined by vote and value) of the outstanding stock of such corporation is owned, directly or indirectly, by any entity described in subparagraph (A) or (B); or(D)any partnership if more than 50 percent of the value of the capital and profits interests of such partnership is owned, directly or indirectly, by any entity described in subparagraph (A) or (B). (13)Tribal governmentThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).(14)WorkThe term work means employment by, or engagement in providing labor or services for, an employer.102.Pandemic premium pay for essential workers(a)In generalBeginning 3 days after an essential work employer receives a grant under section 104 from the Secretary of the Treasury, the essential work employer shall—(1)be required to comply with subsections (b) through (h); and (2)be subject to the enforcement requirements of section 105.(b)Pandemic premium pay(1)In generalAn essential work employer receiving a grant under section 104 shall, in accordance with this subsection, provide each essential worker of the essential work employer with premium pay at a rate equal to $13 for each hour of work performed by the essential worker for the employer from January 27, 2020, until the date that is 60 days after the last day of the COVID–19 Public Health Emergency.(2)Maximum amountsThe total amount of all premium pay under this subsection that an essential work employer is required to provide to an essential worker, including through any retroactive payment under paragraph (3), shall not exceed—(A)for an essential worker who is not a highly-compensated essential worker, $10,000 reduced by employer payroll taxes with respect to such premium pay; or (B)for a highly-compensated essential worker, $5,000 reduced by employer payroll taxes with respect to such premium pay. (3)Retroactive paymentFor all work performed by an essential worker during the period from January 27, 2020, through the date on which the essential work employer of the worker receives a grant under this title, the essential work employer shall use a portion of the amount of such grant to provide such worker with premium pay under this subsection for such work at the rate provided under paragraph (1). Such amount shall be provided to the essential worker as a lump sum in the next paycheck (or other payment form) that immediately follows the receipt of the grant by the essential work employer. In any case where it is impossible for the employer to arrange for payment of the amount due in such paycheck (or other payment form), such amounts shall be paid as soon as practicable, but in no event later than the second paycheck (or other payment form) following the receipt of the grant by the essential work employer.(4)No employer discretionAn essential work employer receiving a grant under section 104 shall not have any discretion to determine which portions of work performed by an essential worker qualify for premium pay under this subsection, but shall pay such premium pay for any increment of time worked by the essential worker for the essential work employer up to the maximum amount applicable to the essential worker under paragraph (2). (c)Prohibition on reducing compensation and displacement(1)In generalAny payments made to an essential worker as premium pay under subsection (b) shall be in addition to all other compensation, including all wages, remuneration, or other pay and benefits, that the essential worker otherwise receives from the essential work employer. (2)Reduction of compensationAn essential work employer receiving a grant under section 104 shall not, during the period beginning on the date of enactment of this Act and ending on the date that is 60 days after the last day of the COVID–19 Public Health Emergency, reduce or in any other way diminish, any other compensation, including the wages, remuneration, or other pay or benefits, that the essential work employer provided to the essential worker on the day before the date of enactment of this Act. (3)DisplacementAn essential work employer shall not take any action to displace an essential worker (including partial displacement such as a reduction in hours, wages, or employment benefits) for purposes of hiring an individual for an equivalent position at a rate of compensation that is less than is required to be provided to an essential worker under paragraph (2). (d)Demarcation from other compensationThe amount of any premium pay paid under subsection (b) shall be clearly demarcated as a separate line item in each paystub or other document provided to an essential worker that details the remuneration the essential worker received from the essential work employer for a particular period of time. If any essential worker does not otherwise regularly receive any such paystub or other document from the employer, the essential work employer shall provide such paystub or other document to the essential worker for the duration of the period in which the essential work employer provides premium pay under subsection (b). (e)Exclusion from wage-Based calculationsAny premium pay under subsection (b) paid to an essential worker under this section by an essential work employer receiving a grant under section 104 shall be excluded from the amount of remuneration for work paid to the essential worker for purposes of—(1)calculating the essential worker's eligibility for any wage-based benefits offered by the essential work employer;(2)computing the regular rate at which such essential worker is employed under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207); and (3)determining whether such essential worker is exempt from application of such section 7 under section 13(a)(1) of such Act (29 U.S.C. 213(a)(1)).(f)Essential worker death(1)In generalIn any case in which an essential worker of an essential work employer receiving a grant under section 104 exhibits symptoms of COVID–19 and dies, the essential work employer shall pay as a lump sum to the next of kin of the essential worker for premium pay under subsection (b)—(A)for an essential worker who is not a highly-compensated essential worker, the amount determined under subsection (b)(2)(A) minus the total amount of any premium pay the worker received under subsection (b) prior to the death; or(B)for a highly-compensated essential worker, the amount determined under subsection (b)(2)(B) minus the amount of any premium pay the worker received under subsection (b) prior to the death.(2)Treatment of lump sum payments(A)Treatment as premium payFor purposes of this title, any payment made under this subsection shall be treated as a premium pay under subsection (b). (B)Treatment for purposes of Internal Revenue Code of 1986For purposes of the Internal Revenue Code of 1986, any payment made under this subsection shall be treated as a payment for work performed by the essential worker. (g)Application to self-Directed care workers funded through Medicaid or the Veteran-Directed Care Program(1)MedicaidIn the case of an essential work employer receiving a grant under section 104 that is a covered employer described in section 101(3)(C)(i)(V) who, under a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan, has opted to receive items or services using a self-directed service delivery model, the preceding requirements of this section, including the requirements to provide premium pay under subsection (b) (including a lump sum payment in the event of an essential worker death under subsection (f)) and the requirements of sections 104 and 105, shall apply to the State Medicaid agency responsible for the administration of such plan or waiver with respect to self-directed care workers employed by that employer. In administering payments made under this title to such self-directed care workers on behalf of such employers, a State Medicaid agency shall—(A)exclude and disregard any payments made under this title to such self-directed workers from the individualized budget that applies to the items or services furnished to the individual client employer under the State Medicaid plan or waiver;(B) to the extent practicable, administer and provide payments under this title directly to such self-directed workers through arrangements with entities that provide financial management services in connection with the self-directed service delivery models used under the State Medicaid plan or waiver; and(C)ensure that individual client employers of such self-directed workers are provided notice of, and comply with, the prohibition under section 105(b)(1)(B).(2)Veteran-Directed Care ProgramIn the case of an essential work employer that is a covered employer described in section 101(3)(C)(i)(V) who is a veteran participating in the Veteran Directed Care program administered by the VA Office of Geriatrics & Extended Care of the Veterans Health Administration, the preceding requirements of this section and sections 104 and 105, shall apply to such VA Office of Geriatrics & Extended Care with respect to self-directed care workers employed by that employer. Paragraph (1) of this subsection shall apply to the administration by the VA Office of Geriatrics & Extended Care of payments made under this title to such self-directed care workers on behalf of such employers in the same manner as such requirements apply to State Medicaid agencies.(3)Penalty enforcementThe Secretary of Labor shall consult with the Secretary of Health and Human Services and the Secretary of Veterans Affairs regarding the enforcement of penalties imposed under section 105(b)(2) with respect to violations of subparagraph (A) or (B) of section 105(b)(1) that involve self-directed workers for which the requirements of this section and sections 104 and 105 are applied to a State Medicaid agency under paragraph (1) or the VA Office of Geriatrics & Extended Care under paragraph (2).(h)Interaction with Stafford ActNothing in this section shall nullify, supersede, or otherwise change a State’s ability to seek reimbursement under section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) for the costs of premium pay based on pre-disaster labor policies for eligible employees.(i)Calculation of paid leave under FFCRA and FMLA(1)Families First Coronavirus Response ActSection 5110(5)(B) of the Families First Coronavirus Response Act (29 U.S.C. 2601 note) is amended by adding at the end the following: (iii)Pandemic premium payCompensation received by an employee under section 102(b) of the Hazard Pay for Essential Workers Act of 2020 shall be included as remuneration for employment paid to the employee for purposes of computing the regular rate at which such employee is employed..(2)Family and Medical Leave Act of 1993Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2620(b)(2)(B)) is amended by adding at the end the following:(iii)Pandemic premium payCompensation received by an employee under section 102(b) of the Hazard Pay for Essential Workers Act of 2020 shall be included as remuneration for employment paid to the employee for purposes of computing the regular rate at which such employee is employed..103.COVID–19 Hazard Fund(a)EstablishmentThere is established in the Treasury of the United States a fund to be known as the COVID–19 Hazard Fund (referred to in this section as the Fund), consisting of amounts appropriated to the fund under section 107.(b)Fund administrationThe Fund shall be administered by the Secretary of the Treasury.(c)Use of fundsAmounts in the Fund shall be available to the Secretary of the Treasury for carrying out section 104.104.COVID–19 Hazard Fund grants(a)Grants(1)For pandemic premium payThe Secretary of the Treasury shall, subject to the availability of amounts provided in this title, award a grant to each essential work employer that applies for a grant, in accordance with this section, for the purpose of providing premium pay to essential workers under section 102(b), including amounts paid under section 102(f). (2)Eligibility(A)Eligible employers generallyAny essential work employer shall be eligible for a grant under paragraph (1). (B)Self-directed care workersA self-directed care worker employed by an essential work employer other than an essential work employer described in section 102(g), shall be eligible to apply for a grant under paragraph (1) in the same manner as an essential work employer. Such a worker shall provide premium pay to himself or herself in accordance with this section, including the recordkeeping and refund requirements of this section. (b)Amount of grants(1)In generalThe maximum amount available for making a grant under subsection (a)(1) to an essential work employer shall be equal to the sum of—(A)the amount obtained by multiplying $10,000 by the number of essential workers the employer certifies, in the application submitted under subsection (c)(1), as employing, or providing remuneration to for services or labor, who are paid wages or remuneration by the employer at a rate that is less than the equivalent of $200,000 per year; and(B)the amount obtained by multiplying $5,000 by the number of highly-compensated essential workers the employer certifies, in the application submitted under subsection (c)(1), as employing, or providing remuneration to for services or labor, who are paid wages or remuneration by the employer at a rate that is equal to or greater than the equivalent of $200,000 per year. (2)No partial grantsThe Secretary of the Treasury shall not award a grant under this section in an amount less than the maximum described in paragraph (1). (c)Grant application and disbursal(1)ApplicationAny essential work employer seeking a grant under subsection (a)(1) shall submit an application to the Secretary of the Treasury at such time, in such manner, and complete with such information as the Secretary may require.(2)Notice and certification(A)In generalThe Secretary of the Treasury shall, within 15 days after receiving a complete application from an essential work employer eligible for a grant under this section—(i)notify the employer of the Secretary’s findings with respect to the requirements for the grant; and(ii)(I)if the Secretary finds that the essential work employer meets the requirements under this section for a grant under subsection (a), provide a certification to the employer—(aa)that the employer has met such requirements; or(bb)of the amount of the grant payment that the Secretary has determined the employer shall receive based on the requirements under this section; or(II)if the Secretary finds that the essential work employer does not meet the requirements under this section for a grant under subsection (a), provide a notice of denial stating the reasons for the denial and provide an opportunity for administrative review by not later than 10 days after the denial. (B)TransferNot later than 7 days after making a certification under subparagraph (A)(ii) with respect to an essential work employer, the Secretary of the Treasury shall make the appropriate transfer to the employer of the amount of the grant.(d)Use of funds(1)In generalAn essential work employer receiving a grant under this section shall use the amount of the grant solely for the following purposes:(A)Providing premium pay under section 102(b) to essential workers in accordance with the requirements for such payments under such section, including providing payments described in section 102(f) to the next of kin of essential workers in accordance with the requirements for such payments under such section. (B)Paying employer payroll taxes with respect to premium pay amounts described in subparagraph (A), including such payments described in section 102(f). Each dollar of a grant received by an essential work employer under this title shall be used as provided in subparagraph (A) or (B) or returned to the Secretary of the Treasury. (2)No other uses authorizedAn essential work employer who uses any amount of a grant for a purpose not required under paragraph (1) shall be—(A)considered to have misused funds in violation of section 102; and (B)subject to the enforcement and remedies provided under section 105. (3)Refund(A)In generalIf an essential work employer receives a grant under this section and, for any reason, does not provide every dollar of such grant to essential workers in accordance with the requirements of this title, then the employer shall refund any such dollars to the Secretary of the Treasury not later than June 30, 2021. Any amounts returned to the Secretary shall be deposited into the Fund and be available for any additional grants under this section.(B)Requirement for not reducing compensationAn essential work employer who is required to refund any amount under this paragraph shall not reduce or otherwise diminish an eligible worker’s compensation or benefits in response to or otherwise due to such refund. (e)RecordkeepingAn essential work employer that receives a grant under this section shall—(1)maintain records, including payroll records, demonstrating how each dollar of funds received through the grant were provided to essential workers; and (2)provide such records to the Secretary of the Treasury or the Secretary of Labor upon the request of either such Secretary.(f)RecoupmentIn addition to all other enforcement and remedies available under this title or any other law, the Secretary of the Treasury shall establish a process under which the Secretary shall recoup the amount of any grant awarded under subsection (a)(1) if the Secretary determines that the essential work employer receiving the grant—(1)did not provide all of the dollars of such grant to the essential workers of the employer; (2)did not, in fact, have the number of essential workers certified by the employer in accordance with subparagraphs (A) and (B) of subsection (b)(1); (3)did not pay the essential workers for the number of hours the employer claimed to have paid; or (4)otherwise misused funds or violated this title. (g)Special rule for certain employees of Tribal employersEssential workers of Tribal employers who receive funds under title II shall not be eligible to receive funds from grants under this section.(h)Tax treatment(1)Exclusion from incomeFor purposes of the Internal Revenue Code of 1986, any grant received by an essential work employer under this section shall not be included in the gross income of such essential work employer.(2)Denial of double benefit(A)In generalIn the case of an essential work employer that receives a grant under this section—(i)amounts paid under subsection (b) or (f) of section 102 shall not be taken into account as wages for purposes of sections 41, 45A, 51, or 1396 of the Internal Revenue Code of 1986 or section 2301 of the CARES Act (Public Law 116–136); and(ii)any deduction otherwise allowable under such Code for applicable payments during any taxable year shall be reduced (but not below zero) by the excess (if any) of—(I)the aggregate amounts of grants received under this section; over(II)the sum of any amount refunded under subsection (d) plus the aggregate amount of applicable payments made for all preceding taxable years. (B)Applicable paymentsFor purposes of this paragraph, the term applicable payments means amounts paid as premium pay under subsection (b) or (f) of section 102 and amounts paid for employer payroll taxes with respect to such amounts.(C)Aggregation ruleRules similar to the rules of subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall apply for purposes of this section.(3)Information reportingThe Secretary of the Treasury shall submit to the Commissioner of Internal Revenue statements containing—(A)the name and tax identification number of each essential work employer receiving a grant under this section;(B)the amount of such grant; and(C)any amounts refunded under section (d)(3).(i)Reports(1)In generalNot later than 30 days after obligating the last dollar of the funds appropriated under this title, the Secretary of the Treasury shall submit a report, to the Committees of Congress described in paragraph (2), that—(A)certifies that all funds appropriated under this title have been obligated; and(B)indicates the number of pending applications for grants under this section that will be rejected due to the lack of funds.(2)Committees of CongressThe Committees of Congress described in this paragraph are—(A)the Committee on Ways and Means of the House of Representatives;(B)the Committee on Education and Labor of the House of Representatives;(C)the Committee on Finance of the Senate; and (D)the Committee on Health, Education, Labor, and Pensions of the Senate.105.Enforcement and outreach(a)Duties of Secretary of LaborThe Secretary of Labor shall—(1)have authority to enforce the requirements of section 102, in accordance with subsections (b) through (e); (2)conduct outreach as described in subsection (f); and(3)coordinate with the Secretary of the Treasury as needed to carry out the Secretary of Labor's responsibilities under this section. (b)Prohibited acts, penalties, and enforcement(1)Prohibited actsIt shall be unlawful for a person to—(A)violate any provision of section 102 applicable to such person; or(B)discharge or in any other manner discriminate against any essential worker because such essential worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title, or has testified or is about to testify in any such proceeding. (2)Enforcement and penalties(A)Premium pay violationsA violation described in paragraph (1)(A) shall be deemed a violation of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) and unpaid amounts required under this section shall be treated as unpaid overtime compensation under such section 7 for the purposes of sections 15 and 16 of such Act (29 U.S.C. 215 and 216). (B)Discharge or discriminationA violation of paragraph (1)(B) shall be deemed a violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)).(c)Investigation(1)In generalTo ensure compliance with the provisions of section 102, including any regulation or order issued under that section, the Secretary of Labor shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). For the purposes of any investigation provided for in this subsection, the Secretary of Labor shall have the subpoena authority provided for under section 9 of such Act (29 U.S.C. 209).(2)State agenciesThe Secretary of Labor may, for the purpose of carrying out the functions and duties under this section, utilize the services of State and local agencies in accordance with section 11(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(b)). (d)Essential worker enforcement(1)Right of actionAn action alleging a violation of paragraph (1) or (2) of subsection (b) may be maintained against an essential work employer receiving a grant under section 104 in any Federal or State court of competent jurisdiction by one or more essential workers or their representative for and on behalf of the essential workers, or the essential workers and others similarly situated, in the same manner, and subject to the same remedies (including attorney's fees and costs of the action), as an action brought by an employee alleging a violation of section 7 or 15(a)(3), respectively, of the Fair Labor Standards Act of 1938 (29 U.S.C. 207, 215(a)(3)).(2)No waiverIn an action alleging a violation of paragraph (1) or (2) of subsection (b) brought by one or more essential workers or their representative for and on behalf of the persons as described in paragraph (1), to enforce the rights in section 102, no court of competent jurisdiction may grant the motion of an essential work employer receiving a grant under section 104 to compel arbitration, under chapter 1 of title 9, United States Code, or any analogous State arbitration statute, of the claims involved. An essential worker’s right to bring an action described in paragraph (1) or subsection (b)(2)(A) on behalf of similarly situated essential workers to enforce such rights may not be subject to any private agreement that purports to require the essential workers to pursue claims on an individual basis. (e)RecordkeepingAn essential work employer receiving a grant under section 104 shall make, keep, and preserve records pertaining to compliance with section 102 in accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations prescribed by the Secretary of Labor. (f)Outreach and educationOut of amounts appropriated to the Secretary of the Treasury under section 107 for a fiscal year, the Secretary of the Treasury shall transfer to the Secretary of Labor, $3,000,000, of which the Secretary of Labor shall use—(1)$2,500,000 for outreach to essential work employers and essential workers regarding the premium pay under section 102; and(2)$500,000 to implement an advertising campaign encouraging large essential work employers to provide the same premium pay provided for by section 102 using the large essential work employers’ own funds and without utilizing grants under this title. (g)Clarification of enforcing officialNothing in the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.) or section 3(e)(2)(C) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)(C)) shall be construed to prevent the Secretary of Labor from carrying out the authority of the Secretary under this section in the case of State employees described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)).106.Funding for the Department of the Treasury Office of Inspector GeneralThere is appropriated, out of money in the Treasury not otherwise appropriated, to the Office of the Inspector General of the Department of the Treasury, $1,000,000 to carry out audits, investigations, and other oversight activities authorized under the Inspector General Act of 1978 (5 U.S.C. App.) that are related to the provisions of, and amendments made by, this title, to remain available until December 31, 2022. 107.Authorization and appropriationsThere is authorized to be appropriated, and there is hereby appropriated, $180,000,000,000 to carry out this title, to remain available until expended.


115 HRES 966 IH: Recognizing National Foster Care Month as an opportunity to raise awareness about the challenges of children in the foster care system, and encouraging Congress to implement policy to improve the lives of children in the foster care system.
U.S. House of Representatives
2020-05-13
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.

IV116th CONGRESS2d SessionH. RES. 966IN THE HOUSE OF REPRESENTATIVESMay 13, 2020Ms. Bass (for herself, Mr. Bacon, Mr. Langevin, Mr. Mitchell, Mrs. Lawrence, Mrs. Demings, Ms. Craig, Mr. Johnson of Georgia, Mr. Deutch, Ms. Jayapal, Mr. Brown of Maryland, Mr. Kildee, Ms. Titus, Mr. Danny K. Davis of Illinois, Mr. Lowenthal, Mr. Payne, Mr. Smith of Washington, Ms. Castor of Florida, Mr. Sean Patrick Maloney of New York, Mr. Price of North Carolina, Ms. Schrier, Mr. King of Iowa, Mr. Serrano, Mr. McGovern, Mr. Pocan, Ms. Fudge, Mr. Hill of Arkansas, Mr. Mullin, Mrs. Dingell, Mr. Takano, and Mr. Ted Lieu of California) submitted the following resolution; which was referred to the Committee on Ways and MeansRESOLUTIONRecognizing National Foster Care Month as an opportunity to raise awareness about the challenges of children in the foster care system, and encouraging Congress to implement policy to improve the lives of children in the foster care system.Whereas National Foster Care Month was established more than 20 years ago to—(1)bring foster care issues to the forefront;(2)highlight the importance of permanency for every child; and(3)recognize the essential role that foster parents, social workers, and advocates have in the lives of children in foster care throughout the United States;Whereas all children deserve a safe, loving, and permanent home;Whereas the primary goal of the foster care system is to ensure the safety and well-being of children while working to provide a safe, loving, and permanent home for each child;Whereas, in 2018, there were approximately 437,283 children living in foster care;Whereas approximately 262,956 children entered foster care in 2018, while 71,254 children were eligible and waiting for adoption at the end of 2018;Whereas children of color are more likely to stay in the foster care system for longer periods of time and are less likely to be reunited with their biological families;Whereas foster parents are the front-line caregivers for children who cannot safely remain with their biological parents and provide physical care, emotional support, education advocacy, and are the largest single source of families providing permanent homes for children leaving foster care to adoption;Whereas children in foster care who are placed with relatives, compared to children placed with nonrelatives, have more stability, including fewer changes in placements, have more positive perceptions of their placements, are more likely to be placed with their siblings, and demonstrate fewer behavioral problems;Whereas some relative caregivers receive less financial assistance and support services than do foster caregivers;Whereas recent studies show foster children enrolled in Medicaid were prescribed antipsychotic medications at nearly 4 times the rate of other children receiving Medicaid;Whereas youth in foster care are much more likely to face educational instability with 65 percent of former foster children experiencing at least 7 school changes while in care;Whereas an increased emphasis on prevention and reunification services is necessary to reduce the number of children that are forced to remain in the foster care system;Whereas more than 17,844 youth aged out of foster care in 2018 without a legal permanent connection to an adult or family;Whereas the number of youth who age out of foster care has steadily increased for the past decade;Whereas foster care is intended to be a temporary placement, but children remain in the foster care system for an average of 19.2 months;Whereas children in foster care experience an average of 3 different placements, which often leads to disruption of routines and the need to change schools and move away from siblings, extended families, and familiar surroundings;Whereas children entering foster care often confront the widespread misperception that children in foster care are disruptive, unruly, and dangerous, even though placement in foster care is based on the actions of a parent or guardian, not the child;Whereas children who age out of foster care lack the security or support of a biological or adoptive family and frequently struggle to secure affordable housing, obtain health insurance, pursue higher education, and acquire adequate employment;Whereas on average, 8.5 percent of the positions in child protective services remain vacant;Whereas due to heavy caseloads and limited resources, the average tenure for a worker in child protection services is just 3 years;Whereas States, localities, and communities should be encouraged to invest resources in preventative and reunification services and postpermanency programs to ensure that more children in foster care are provided with safe, loving, and permanent placements;Whereas Federal legislation over the past 3 decades, including the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96–272), the Adoption and Safe Families Act of 1997 (Public Law 105–89), the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110–351), the Child and Family Services Improvement and Innovation Act (Public Law 112–34), the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113–183), and title VII of division E of the Bipartisan Budget Act of 2018, also known as the Family First Prevention Services Act (Public Law 115–123), provided new investments and services to improve the outcomes of children in the foster care system;Whereas May 2020 is an appropriate month to designate as National Foster Care Month to provide an opportunity to acknowledge the accomplishments of the child welfare workforce, foster parents, advocacy community, and mentors for their dedication, accomplishments, and positive impact they have on the lives of children; andWhereas much remains to be done to ensure that all children have a safe, loving, nurturing, and permanent family, regardless of age or special needs: Now, therefore, be itThat the House of Representatives—(1)supports the designation of National Foster Care Month;(2)recognizes National Foster Care Month as an opportunity to raise awareness about the challenges that children face in the foster care system;(3)encourages Congress to implement policy to improve the lives of children in the foster care system;(4)acknowledges the special needs of children in the foster care system;(5)recognizes foster youth throughout the United States for their ongoing tenacity, courage, and resilience while facing life challenges;(6)acknowledges the exceptional alumni of the foster care system who serve as advocates and role models for youth who remain in care;(7)honors the commitment and dedication of the individuals who work tirelessly to provide assistance and services to children in the foster care system; and(8)reaffirms the need to continue working to improve the outcomes of all children in the foster care system through parts B and E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and other programs designed to—(A)support vulnerable families;(B)invest in prevention and reunification services;(C)promote adoption in cases where reunification is not in the best interests of the child;(D)adequately serve those children brought into the foster care system; and(E)facilitate the successful transition into adulthood for children that age out of the foster care system.


109 HR 2751 IH: FHA Energy Efficiency Act
U.S. House of Representatives
2005-06-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2751
IN THE HOUSE OF REPRESENTATIVES

June 7, 2005
Mr. Andrews introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend section 526 of the National Housing Act to provide that any certification of a property for meeting energy efficiency requirements for mortgage insurance under such Act shall be conducted by an individual certified by an accredited home energy rating system provider.

1.Short titleThis Act may be cited as the FHA Energy Efficiency Act.
2.Energy efficiency certificationsSection 526(a) of the National Housing Act (12 U.S.C. 1735f–4(a)) is amended—
(1)by inserting (1) after (a); and
(2)by adding at the end the following new paragraph:

(2)The Secretary shall require, with respect to any single- or multi-family residential housing subject to a mortgage insured under this Act, that any approval or certification of the housing for meeting any energy efficiency or conservation criteria, standards, or requirements pursuant to this title and any approval or certification required pursuant to this title with respect to energy conserving improvements or any solar energy system, shall be conducted only by an individual certified by a home energy rating system provider who has been accredited to conduct such ratings by the Home Energy Ratings System Council, the Residential Energy Services Network, or such other appropriate national organization, as the Secretary may provide..


113 HR 4861 IH: Commission for Our Veterans’ Care Act
U.S. House of Representatives
2014-06-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4861
		IN THE HOUSE OF REPRESENTATIVES

			June 12, 2014
			Mr. Heck of Washington (for himself, Ms. DelBene, and Mr. Kilmer) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To establish the Commission on Access to Care to undertake a comprehensive evaluation and
			 assessment of access to health care at the Department of Veterans Affairs.

		1.Short titleThis Act may be cited as the Commission for Our Veterans’ Care Act.
		2.Commission on Access to Care
			(a)Establishment of commission
				(1)In generalThere is established the Commission on Access to Care (in this section referred to as the Commission).
				(2)Membership
					(A)Voting membersThe Commission shall be composed of voting members who are appointed by the President as follows:
						(i)At least two members who represent an organization recognized by the Secretary of Veterans Affairs
			 for the representation of veterans under section 5902 of title 38, United
			 States Code.
						(ii)At least one member from among persons who are experts concerning a public or private hospital
			 system.
						(iii)At least one member from among persons who are leading experts in the private insurance industry.
						(iv)At least two members from among persons who are familiar with the Veterans Health Administration of
			 the Department of Veterans Affairs.
						(B)Nonvoting membersIn addition to members appointed under subparagraph (A), the Commission shall be composed of
			 nonvoting members who are appointed by the President as follows:
						(i)At least two members who represent an organization recognized by the Secretary of Veterans Affairs
			 for the representation of veterans under section 5902 of title 38, United
			 States Code.
						(ii)At least one member from among persons who are experts in a public or private hospital system.
						(iii)At least one member from among persons who are leading experts in the private insurance industry.
						(iv)At least two members from among persons who are familiar with the Veterans Health Administration.
						(C)DateThe appointments of members of the Commission shall be made not later than 60 days after the date
			 of the enactment of this Act.
					(3)Period of appointment; vacanciesMembers shall be appointed for the life of the Commission. Any vacancy in the Commission shall not
			 affect its powers, but shall be filled in the same manner as the original
			 appointment.
				(4)Initial meetingNot later than 15 days after the date on which seven voting members of the Commission have been
			 appointed, the Commission shall hold its first meeting.
				(5)MeetingsThe Commission shall meet at the call of the Chairperson.
				(6)QuorumA majority of the members of the Commission shall constitute a quorum, but a lesser number of
			 members may hold hearings.
				(7)Chairperson and Vice ChairpersonThe Commission shall select a Chairperson and Vice Chairperson from among its members.
				(b)Duties of commission
				(1)Evaluation and assessmentThe Commission shall undertake a comprehensive evaluation and assessment of access to health care
			 at the Department of Veterans Affairs.
				(2)Matters evaluated and assessedThe matters evaluated and assessed by the Commission shall include the following:
					(A)The appropriateness of current standards of the Department of Veterans Affairs concerning access to
			 health care.
					(B)The measurement of such standards.
					(C)The appropriateness of performance standards and incentives in relation to standards described in
			 subparagraph (A).
					(D)Staffing levels throughout the Veterans Health Administration and whether they are sufficient to
			 meet current demand for health care from the Administration.
					(3)ReportsThe Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as
			 follows:
					(A)Not later than 90 days after the date of the initial meeting of the Commission, an interim report
			 on—
						(i)the findings of the Commission with respect to the evaluation and assessment required by this
			 subsection; and
						(ii)such recommendations as the Commission may have for legislative or administrative action to improve
			 access to health care through the Veterans Health Administration.
						(B)Not later than 180 days after the date of the initial meeting of the Commission, a final report on—
						(i)the findings of the Commission with respect to the evaluation and assessment required by this
			 subsection; and
						(ii)such recommendations as the Commission may have for legislative or administrative action to improve
			 access to health care through the Veterans Health Administration.
						(c)Powers of the commission
				(1)HearingsThe Commission may hold such hearings, sit and act at such times and places, take such testimony,
			 and receive such evidence as the Commission considers advisable to carry
			 out this section.
				(2)Information from Federal agenciesThe Commission may secure directly from any Federal department or agency such information as the
			 Commission considers necessary to carry out this section. Upon request of
			 the Chairperson of the Commission, the head of such department or agency
			 shall furnish such information to the Commission.
				(d)Commission personnel matters
				(1)Compensation of membersEach member of the Commission who is not an officer or employee of the Federal Government shall be
			 compensated at a rate equal to the daily equivalent of the annual rate of
			 basic pay prescribed for level IV of the Executive Schedule under section
			 5315 of title 5, United States Code, for each day (including travel time)
			 during which such member is engaged in the performance of the duties of
			 the Commission. All members of the Commission who are officers or
			 employees of the United States shall serve without compensation in
			 addition to that received for their services as officers or employees of
			 the United States.
				(2)Travel expensesThe members of the Commission shall be allowed travel expenses, including per diem in lieu of
			 subsistence, at rates authorized for employees of agencies under
			 subchapter I of chapter 57 of title 5, United States Code, while away from
			 their homes or regular places of business in the performance of services
			 for the Commission.
				(3)Staff
					(A)In generalThe Chairperson of the Commission may, without regard to the civil service laws and regulations,
			 appoint and terminate an executive director and such other additional
			 personnel as may be necessary to enable the Commission to perform its
			 duties. The employment of an executive director shall be subject to
			 confirmation by the Commission.
					(B)CompensationThe Chairperson of the Commission may fix the compensation of the executive director and other
			 personnel without regard to chapter 51 and subchapter III of chapter 53 of
			 title 5, United States Code, relating to classification of positions and
			 General Schedule pay rates, except that the rate of pay for the executive
			 director and other personnel may not exceed the rate payable for level V
			 of the Executive Schedule under section 5316 of such title.
					(4)Detail of government employeesAny Federal Government employee may be detailed to the Commission without reimbursement, and such
			 detail shall be without interruption or loss of civil service status or
			 privilege.
				(5)Procurement of temporary and intermittent servicesThe Chairperson of the Commission may procure temporary and intermittent services under section
			 3109(b) of title 5, United States Code, at rates for individuals which do
			 not exceed the daily equivalent of the annual rate of basic pay prescribed
			 for level V of the Executive Schedule under section 5316 of such title.
				(e)Termination of the commissionThe Commission shall terminate 30 days after the date on which the Commission submits its report
			 under subsection (b)(3)(B).
			(f)FundingThe Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated
			 or otherwise made available to the Secretary such amounts as the
			 Secretary and the Chairperson of the Commission jointly consider
			 appropriate for the Commission to perform its duties under this section.
			(g)Executive action
				(1)Action on recommendationsThe President shall require the Secretary of Veterans Affairs and such other heads of relevant
			 Federal departments and agencies to implement each recommendation set
			 forth in a report submitted under subsection (b)(3) that the President—
					(A)considers feasible and advisable; and
					(B)determines can be implemented without further legislative action.
					(2)ReportsNot later than 60 days after the date on which the President receives a report under subsection
			 (b)(3), the President shall submit to the Committee on Veterans' Affairs
			 of the Senate and the Committee on Veterans' Affairs of the House of
			 Representatives and such other committees of Congress as the President
			 considers appropriate a report setting forth the following:
					(A)An assessment of the feasibility and advisability of each recommendation contained in the report
			 received by the President.
					(B)For each recommendation assessed as feasible and advisable under subparagraph (A) the following:
						(i)Whether such recommendation requires legislative action.
						(ii)If such recommendation requires legislative action, a recommendation concerning such legislative
			 action.
						(iii)A description of any administrative action already taken to carry out such recommendation.
						(iv)A description of any administrative action the President intends to be taken to carry out such
			 recommendation and by whom.


109 HRES 959 EH: Recognizing and supporting the success of the Adoption and Safe Families Act of 1997 in increasing adoption and the efforts the Act has spurred including National Adoption Day and National Adoption Month, and encouraging adoption throughout the year.
U.S. House of Representatives
2006-09-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
2d Session
H. RES. 959
In the House of Representatives, U. S.,

September 19, 2006

RESOLUTION
Recognizing and supporting the success of the Adoption and Safe Families Act of 1997 in increasing adoption and the efforts the Act has spurred including National Adoption Day and National Adoption Month, and encouraging adoption throughout the year.

Whereas since the passage of the Adoption and Safe Families Act of 1997, the number of children adopted from foster care has increased significantly, with approximately 51,000 children adopted from foster care in fiscal year 2004 alone;
Whereas despite this remarkable progress, approximately 118,000 children in the United States foster care system are waiting to be adopted, and 49 percent of these children are at least nine years old;
Whereas adoptive families make an important difference in the lives of the children they adopt by providing a stable, nurturing environment for those children;
Whereas National Adoption Day is a collective national effort to find permanent, loving families for children in foster care;
Whereas both National Adoption Day and National Adoption Month are in November;
Whereas the Department of Health and Human Services launched a series of public service announcements promoting the adoption of children eight and older in 2002;
Whereas more than 6,000 children have been placed into adoptive homes since the Department of Health and Human Services launched www.adoptuskids.org, a national photo listing service for children awaiting adoption across the United States;
Whereas judges, attorneys, adoption professionals, child welfare agencies, and child advocates in 45 States and the District of Columbia participated in 227 events in conjunction with National Adoption Day in 2005; and
Whereas these events finalized the adoptions of more than 3,300 children from foster care: Now, therefore, be it

That the House of Representatives—
(1)recognizes and supports the success of the Adoption and Safe Families Act of 1997 and of the efforts it has spurred;
(2)recognizes and supports the goals and ideals of National Adoption Day and National Adoption Month; and
(3)encourages adoption throughout the year.

Karen L. HaasClerk.


		III

		109th CONGRESS

		1st Session

		S. RES. 64

		IN THE SENATE OF THE UNITED STATES

			February 17, 2005

			Mr. Jeffords (for

			 himself, Ms. Snowe,

			 Mr. Sarbanes, Mr. Lieberman, Mr.

			 Leahy, Mr. Dayton,

			 Mr. Lautenberg, and

			 Ms. Collins) submitted the following

			 resolution; which was referred to the Committee on Foreign

			 Relations

		RESOLUTION

		Expressing the sense of the Senate that the United States

		  should prepare a comprehensive strategy for advancing and entering into

		  international negotiations on a binding agreement that would swiftly reduce

		  global mercury use and pollution to levels sufficient to protect public health

		  and the environment.

		Whereas mercury is a persistent, bioaccumulative, and

			 toxic heavy metal;

		Whereas mercury is found naturally in the environment but

			 is also emitted into the air, land, and water in various forms in the United

			 States and around the world during fossil fuel combustion, waste incineration,

			 chlor-alkali production, mining, and other industrial processes, as well as

			 during the production, use, and disposal of various products;

		Whereas mercury air pollution has the ability to both

			 deposit locally and travel thousands of miles in a global atmospheric pool of

			 emissions before eventual deposition, crossing national boundaries and becoming

			 a shared global burden;

		Whereas the United Nations Environment Programme reported

			 that, on average, anthropogenic emissions of mercury since pre-industrial times

			 have resulted in 50- to 300-percent increases in deposition rates around the

			 world;

		Whereas the United Nations Environment Programme reported

			 that global consumption of mercury equaled 3,337 tons in 1996, and that all

			 mercury releases to the global environment total approximately 5,000 tons each

			 year;

		Whereas mercury air pollution can deposit into lakes,

			 streams, and the oceans where it is transformed into toxic methylmercury and

			 bioaccumulates in fish and fish-eating wildlife;

		Whereas the National Academy of Sciences confirmed that

			 consumption of mercury-contaminated fish and seafood by pregnant women can

			 cause serious neurodevelopmental harm in the fetus, including such detrimental

			 effects as intelligence quotient deficits, abnormal muscle tone, decreases in

			 motor function, attention, or visuospatial performance, mental retardation,

			 seizure disorders, cerebral palsy, blindness, and deafness;

		Whereas the 1997 Mercury Study Report submitted by the

			 Administrator of the Environmental Protection Agency to Congress found that

			 every region of the United States is adversely affected by mercury

			 deposition;

		Whereas the Food and Drug Administration, the

			 Environmental Protection Agency, and 44 States currently have advisories

			 warning the public to limit consumption of certain fish that are high in

			 mercury content;

		Whereas, of the 4,000,000 children born every year in the

			 United States, a scientist at the Environmental Protection Agency estimates

			 that approximately 630,000 are exposed to mercury levels in the womb above the

			 safe health threshold, caused primarily by maternal consumption of

			 mercury-tainted fish;

		Whereas these health and environmental effects of mercury

			 contamination can impose significant social and economic costs in the form of

			 increased medical care, special educational and occupational needs, reduced

			 economic performance, and disruptions in recreational and commercial fishing

			 and hunting, and can create disproportionate health, social, and economic

			 impacts among subpopulations dependent on subsistence fishing;

		Whereas the Environmental Protection Agency has estimated

			 that the United States is a net emitter of mercury in that the United States

			 contributes 3 times as much mercury to the global atmospheric pool of air

			 emissions as it receives through deposition;

		Whereas the United States Geological Survey has not

			 reported mercury consumption figures for key sectors in the United States

			 economy since 1996, thereby creating important information gaps relating to

			 domestic mercury use and trade;

		Whereas the quantity of domestic fugitive chlor-alkali

			 sector emissions has been labeled an enigma by the Environmental Protection

			 Agency;

		Whereas, in accordance with

			 Public Law

			 101–549 (commonly known as the Clean Air Act Amendments of 1990)

			 (42 U.S.C.

			 7401 et seq.), the Environmental Protection Agency determined

			 in December 2000 that a maximum achievable control technology standard for

			 mercury and other air toxic emissions for electric utility steam generating

			 units in the United States is appropriate and necessary, and listed coal- and

			 oil-fired electric utility steam generating units for regulation, thereby

			 triggering a statutory requirement that maximum achievable controls be

			 implemented at every existing coal- and oil-fired electric utility steam

			 generating unit by not later than December 2005;

		Whereas other major stationary sources have already

			 implemented maximum achievable control technology standards for mercury and

			 other air toxics, as required by the Clean Air

			 Act (42

			 U.S.C. 7401 et seq.);

		Whereas effective mercury and other heavy metal removal

			 techniques have been demonstrated and are available on an industrial scale in

			 the major stationary source categories;

		Whereas the lack of effective emission control standards

			 in other countries can give foreign industries a competitive advantage over

			 United States businesses;

		Whereas alternatives and substitutes have been

			 demonstrated and are available to reduce or eliminate mercury use in most

			 products and processes;

		Whereas the European Commission reports that mercury

			 mining, the closing of mercury cell chlor-alkali facilities, and the phasing

			 out of other outmoded industrial processes in the United States and Europe are

			 contributing significantly to imports of mercury in the developing

			 world;

		Whereas the Department of Defense announced in April 2004

			 that it will consolidate and store its stockpile of approximately 5,000 tons of

			 mercury rather than allow the surplus to enter the global marketplace;

		Whereas from 1996 through 2004, the Environmental Council

			 of the States adopted or renewed 9 resolutions highlighting the importance of

			 substantially reducing mercury use and releases in the United States and around

			 the world, and of managing excess supplies of mercury so that they do not enter

			 the global marketplace;

		Whereas many States, including California, Connecticut,

			 Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota,

			 New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island,

			 Vermont, Washington, and Wisconsin, are already implementing their own laws,

			 regulations, and other strategies for tracking or reducing various forms of

			 mercury use and pollution, and the Governors of States in New England have set

			 a goal of virtually eliminating mercury emissions in that region;

		Whereas the European Commission is developing a mercury

			 strategy that is aimed at comprehensively addressing all aspects of the mercury

			 cycle, including the use, trade, and release of mercury;

		Whereas the United States is a party to the Protocol on

			 Heavy Metals of the Convention on Long-Range Transboundary Air Pollution, done

			 at Aarhus, Denmark on June 24, 1998, which entered into force in December 2003

			 and commits the United States to a basic obligation to limit air emissions of

			 mercury and other heavy metals from new and existing sources, within 2 and 8

			 years respectively, using the best available techniques;

		Whereas the current parties to the Convention and the

			 Protocol represent only a portion of anthropogenic emissions of heavy metals

			 annually that are subject to transboundary atmospheric transport and are likely

			 to have significant adverse effects on human health or the environment;

		Whereas the 22nd session of the United Nations Environment

			 Programme Governing Council concluded that there is sufficient evidence in the

			 Programme’s Global Mercury Assessment of significant global adverse impacts to

			 warrant international action to reduce the risks to human health and the

			 environment from releases of mercury;

		Whereas the United Nations Environment Programme invited

			 submission of governmental views on medium- and long-term actions on mercury

			 and other heavy metals, which will be synthesized into a report for

			 presentation at the 23rd session of the Governing Council occurring February 21

			 to 25, 2005, with a view to developing a legally binding instrument, a

			 non-legally binding instrument, or other measures or actions; and

		Whereas the United States has taken no position on any

			 such instrument: Now, therefore, be it

		That it is the sense of the Senate

			 that—

			(1)the United States

			 should engage constructively and proactively in international dialogue

			 regarding mercury pollution, use, mining, and trade; and

			(2)the President

			 should prepare a comprehensive strategy—

				(A)to advance and

			 enter into international negotiations on a binding agreement that would—

					(i)reduce global

			 use, trade, and releases of mercury to levels sufficient to protect public

			 health and the environment, including steps to—

						(I)establish

			 specific and stringent targets and schedules for reductions in mercury use in

			 the United States, and emissions below levels for calendar year 2000, beyond

			 current domestic and global efforts;

						(II)end primary

			 mercury mining in the near future and establish a system to ensure excess

			 mercury supplies do not enter the global marketplace; and

						(III)require

			 countries to develop regional and national action plans to address mercury

			 sources and uses;

						(ii)include all

			 countries that use, trade, or release significant quantities of mercury into

			 the environment from anthropogenic sources;

					(iii)require the

			 application of the best available control technologies and strategies to

			 control releases from industrial sectors in the very near future, including

			 minimizing releases from coal-fired power plants and replacing obsolete mercury

			 products and processes, including the mercury cell chlor-alkali process;

					(iv)contain

			 mechanisms for promoting and funding the transfer and adoption of less emitting

			 technologies and mercury-free processes, and for facilitating the safe cleanup

			 of mercury contamination;

					(v)establish a

			 standardized system to document and track the use, production, and trade of

			 mercury and mercury-containing products, including a licensing requirement for

			 mercury traders; and

					(vi)incorporate

			 explicit mechanisms for adding toxic air pollutants with similar

			 characteristics in the future;

					(B)to delineate the

			 preferred structure, format, participants, mechanisms, and resources necessary

			 for achieving and implementing the agreement described in subparagraph

			 (A);

				(C)to enter into

			 bilateral and multilateral agreements to align global mercury production with

			 reduced global demand and minimize global mercury releases, while negotiating

			 the agreement described in subparagraph (A);

				(D)to initiate and

			 support a parallel international research effort that does not delay current or

			 planned mercury pollution or use reduction efforts—

					(i)to

			 collect global data to support the development of a comprehensive inventory of

			 mercury use, mining, trade, and releases; and

					(ii)to

			 develop less emitting technologies and technologies to reduce the need for, and

			 use of, mercury in commerce;

					(E)to review

			 monitoring capabilities and data collection efforts of the United States for

			 domestic mercury use, trade, and releases to ensure there is sufficient

			 information available for any implementing legislation that may be necessary

			 for compliance with existing protocols and future global mercury

			 agreements;

				(F)to work through

			 existing international organizations, such as the United Nations, the

			 International Standards Organization, and the World Trade Organization, to

			 encourage the development of programs, standards, and trade agreements that

			 will result in reduced use and trade of mercury, the elimination of primary

			 mercury mining, and reductions in releases of mercury and other long-range

			 transboundary air pollutants; and

				(G)to present at the

			 23rd session of the United Nations Environment Programme Governing Council a

			 plan for carrying out immediate and long-term actions to reduce global mercury

			 pollution and global exposure to mercury in order to advance the goal of

			 achieving a binding international agreement on mercury.


109 HR 1510 IH: Realistic Roofing Tax Treatment Act of 2005
U.S. House of Representatives
2005-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 1510
IN THE HOUSE OF REPRESENTATIVES

April 6, 2005
Mr. Foley (for himself, Mrs. Jones of Ohio, Mr. Shaw, Mr. Nussle, Mr. Lewis of Kentucky, Ms. Hart, Ms. Velázquez, Mr. Wilson of South Carolina, Mr. Gary G. Miller of California, Mr. Feeney, and Mr. English of Pennsylvania) 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 reduce the depreciation recovery period for roof systems.

1.Short titleThis Act may be cited as the Realistic Roofing Tax Treatment Act of 2005.
2.Depreciation recovery period for roof systems
(a)20-Year recovery periodSubparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended to read as follows:

(F)20-year propertyThe term 20-year property means—
(i)initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and
(ii)any roof system..
(b)Requirement to use straight line methodParagraph (3) of section 168(b) of such Code is amended by adding at the end the following new subparagraph:

(I)Any roof system..
(c)Alternative systemThe table contained in section 168(g)(3)(B) of such Code is amended by striking the last item and inserting the following new items:

(F)(i)25
(F)(ii)20.
(d)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.


113 HR 1048 IH: To suspend temporarily the duty on Disperse Orange 73.
U.S. House of Representatives
2013-03-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1048
		IN THE HOUSE OF REPRESENTATIVES

			March 11, 2013
			Mr. Watt introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Disperse Orange
		  73.

		1.Disperse Orange 73
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Disperse Orange 73 (CAS No. 40690–89–9) (provided for in
						subheading 3204.11.50)FreeNo changeNo changeOn or before 12/31/2016

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to articles
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.