114 HR 5772 IH: Beneficiary Enrollment Notification and Eligibility Simplification Act of 2016
U.S. House of Representatives
2016-07-13
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.

I114th CONGRESS2d SessionH. R. 5772IN THE HOUSE OF REPRESENTATIVESJuly 13, 2016Mr. Ruiz (for himself and Mr. Meehan) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 amend title XVIII of the Social Security Act to establish a system to educate individuals
			 approaching Medicare eligibility, to simplify and modernize the
			 eligibility enrollment process, and to provide for additional assistance
			 for complaints and requests of Medicare beneficiaries that relate to their
			 enrollment in the Medicare program, and for other purposes.

 1.Short titleThis Act may be cited as the Beneficiary Enrollment Notification and Eligibility Simplification Act of 2016 or the BENES Act of 2016. 2.Eligibility and enrollment notification (a)Notification RequirementsSection 1804 of the Social Security Act (42 U.S.C. 1395b–2) is amended by adding at the end the following new subsection:

					(d)Eligibility Information
 (1)Coordination of noticeThe Secretary, in consultation with representatives of each of the groups described in paragraph (2)(A), and in coordination with the Commissioner of Social Security and the Secretary of the Treasury, shall prepare and distribute a notice, in accordance with this subsection, to potentially eligible Medicare individuals.
						(2)Groups for consultation
 (A)In generalFor purposes of paragraph (1), the groups described in this subparagraph include the following: (i)Individuals who are more than 60 years of age.
 (ii)Individuals with disabilities. (iii)Individuals with end stage renal disease.
 (iv)Low-income individuals and families. (v)Employers (including human resources professionals).
 (vi)States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance).
 (vii)State Health Insurance Assistance Programs. (viii)Health insurers.
 (ix)Such other groups as specified by the Secretary. (B)Non-application of FACAThe Federal Advisory Committee Act shall not apply to consultations made pursuant to paragraph (1) with groups described in subparagraph (A).
 (3)Contents of NoticeThe notice required under paragraph (1) shall contain information on (including a clear, simple explanation of)—
							(A)
 (i)eligibility for benefits under this title, and in particular benefits under part B; (ii)the possibility of a late enrollment penalty for failure to timely enroll (including the availability of equitable relief); and
 (iii)how to access the Website described in paragraph (5); and (B)the need for coordination of benefits under part B (including secondary and primary coverage scenarios) imposed under this title, including the effects of enrollment in retiree health coverage; group health coverage; coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, or title VI of the Employee Retirement Income Security Act of 1974; coverage under a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act; and other widely available coverage which may be available to potentially eligible Medicare individuals.
 (4)Timing of notice to potential enrolleesBeginning one year after the date of the enactment of this subsection, a notice required under paragraph (1) shall be mailed (or, starting after 2025, mailed or otherwise delivered) to each potentially eligible Medicare individual no less than two times in accordance with the following:
 (A)The notice shall be initially provided to such individual no later than 6 months prior to the date of such individual’s initial enrollment period as provided under section 1837.
 (B)The notice shall subsequently be provided to such individual no later than one month prior to such date.
 (5)Creation of a centralized enrollment websiteThe information contained in notices required under this subsection shall be made available through a new Website to be maintained by the Secretary. Such Website shall include both Social Security and Medicare online tools in a coordinated and organized manner, and shall also contain, or link to, such other eligibility tools, services, notices (including with respect to the availability of equitable relief), and other information as determined by the Secretary, in consultation with groups described in paragraph (2) for the purposes of being available to potentially eligible Medicare individuals.
 (6)Interagency coordinationBeginning not later than 2 months after the date of the enactment of this subsection, the Secretary, along with the Secretary of the Treasury and the Commissioner of the Social Security Administration, shall undertake all necessary action and coordination to identify potentially eligible individuals and in order to provide such individuals with notifications under this subsection in accordance with paragraph (4).
 (7)Notification improvementThe Secretary shall, no less than once every fiscal year, review the content of the notices required under this subsection and the practices of providing such notices to individuals, and shall update and revise such notices and practices as the Secretary deems appropriate.
 (8)Potentially eligible Medicare individual definedFor purposes of this subsection, the term potentially eligible Medicare individual means an individual, with respect to a month, who is expected to satisfy the description in paragraph (1) or (2) of section 1836 during such month or during any of the subsequent 11 months.
						.
 (b)Disclosure authoritySection 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

					(23)Disclosure of return information to carry out eligibility notification requirements for certain
			 programs
 (A)In generalThe Secretary, upon request from the Secretary of Health and Human Services, shall disclose to officers, employees, and contractors of the Department of Health and Human Services and the Social Security Administration return information of any taxpayer who is a potentially eligible Medicare individual (as defined in section 1804(d)(8) of the Social Security Act). Such return information shall be limited to—
 (i)taxpayer identity information with respect to such taxpayer, including the age and address or other location of such taxpayer;
 (ii)the filing status of such taxpayer; (iii)such other information as is prescribed by the Secretary of Health and Human Services by regulation as might indicate whether the taxpayer is eligible for coverage under such title; and
 (iv)the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available.
 (B)Restriction on use of disclosed informationReturn information disclosed under subparagraph (A) may be used by officers, employees, and contractors of the Department of Health and Human Services or the Social Security Administration only for the purposes of, and to the extent necessary in, establishing potential eligibility for benefits under title XVIII of the Social Security Act..
 (c)Computer Matching AgreementNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, and the Commissioner of Social Security shall enter into a computer matching agreement pursuant to section 552a(o) of title 5 of the United States Code for the purposes of implementing section 1804(d) of the Social Security Act, as added by subsection (a), and section 6103(l)(23) of the Internal Revenue Code of 1986, as added by subsection (b).
 (d)Report to congressNot later than 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, and the Commissioner of Social Security shall submit to Congress a report on the process taken by the relevant agencies in implementing the notice requirement under subsection (d) of section 1804 of the Social Security Act (42 U.S.C. 1395b–2), as added by subsection (a) of this section, the status of notices created pursuant to such section, and an evaluation of the effect of such notices on enrollment under title XVIII of the Social Security Act. Such report shall be made publicly available.
			3.Beneficiary Medicare part B enrollment periods and effective date of coverage
 (a)Effective datesSection 1838(a) of the Social Security Act (42 U.S.C. 1395q(a)) is amended— (1)by amending paragraph (2) to read as follows:

						(2)
 (A)in the case of an individual who enrolls pursuant to subsection (d) of section 1837 before the month in which he first satisfies paragraph (1) or (2) of section 1836, the first day of such month,
 (B)in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning before January 2018 and who enrolls—
 (i)pursuant to such subsection (d) in such month in which he first satisfies such paragraph, the first day of the month following the month in which he so enrolls,
 (ii)pursuant to such subsection (d) in the month following such month in which he first satisfies such paragraph, the first day of the second month following the month in which he so enrolls, or
 (iii)pursuant to such subsection (d) more than one month following such month in which he satisfies such paragraph, the first day of the third month following the month in which he so enrolls,
 (C)in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning before January 2018, the July 1 following the month in which he so enrolls,
 (D)in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning on or after January 1, 2018, and who enrolls pursuant to such subsection (d) in such month in which he first satisfies such paragraph or in any subsequent month, the first day of the month following the month in which he so enrolls, or
 (E)in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning on or after October 15, 2017, the first day of the month following the month in which he so enrolls.; and
 (2)by amending paragraph (3) to read as follows:  (3) (A)in the case of an individual who is deemed to have enrolled on or before the last day of the third month of his initial enrollment period beginning before January 1, 2018, the first day of the month in which he first meets the applicable requirements of section 1836 or July 1, 1973, whichever is later, or
 (B)in the case of an individual who is deemed to have enrolled on or after the first day of the fourth month of his initial enrollment period beginning before January 1, 2018, as prescribed under subparagraphs (B)(i), (B)(ii), (B)(iii), and (C) of paragraph (2) of this subsection.
							.
 (b)General and special enrollment periodsSection 1837(e) of the Social Security Act (42 U.S.C. 1395p(e)) is amended to read as follows:  (e)Enrollment Periods (1)For coverage during years before 2018There shall be a general enrollment period during the period beginning on January 1 and ending on March 31 of each year before 2018.
 (2)For coverage during years beginning with 2018For 2018 and each subsequent year: (A)In generalSubject to subparagraph (B), there shall be a general enrollment period beginning on October 15 of the previous year through December 31 of such previous year.
 (B)Exceptional CircumstancesThe Secretary shall establish special enrollment periods in the case of a potentially eligible Medicare individual (as defined in section 1804(d)(8)) who meets such exceptional conditions as the Secretary may provide.
							.
 (c)Technical correctionSection 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended striking close of the enrollment period each place it appears and inserting close of the month. 4.Revising beneficiary appeal rights for good faith enrollment mistakes (a)In generalSubsection (h) of section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended to read as follows:

					(h)
 (1)In any case in which the Secretary finds that an individual’s enrollment or nonenrollment in the insurance program established by this part or part A pursuant to section 1818 is unintentional, inadvertent, or erroneous, whether the result of the error, misrepresentation, or inaction of an officer, employee, or agent of the Federal Government or its instrumentalities, an employer, a representative of a group health plan, a State, or for any other good faith reason on the part of such individual, the Secretary shall take such action (including the designation for such individual of a special initial or subsequent enrollment period, including retroactive enrollment, with a coverage period determined on the basis thereof and with appropriate adjustments of premiums) as may be necessary to correct or eliminate the effects of such error, misrepresentation, or inaction. The failure of an individual to enroll in the insurance program established by this part or part A pursuant to section 1818 due to enrollment under a group health plan; coverage pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, title VI of the Employee Retirement Income Security Act of 1974, or title XIX; or enrollment under a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act shall under this subsection absent exceptional circumstances, as determined by the Secretary.
 (2)The Secretary, in consultation with the Commissioner of Social Security, shall develop and publish a formal application for requesting an action of the Secretary under paragraph (1) to correct or eliminate the effects of an error, misrepresentation, or inaction described in such paragraph and determine and publish specific timelines for timely resolution of such a request.
 (3)The Secretary shall also require that all such determinations with respect to such requests shall be reached within 15 business days of the submission of such application. All determinations shall be in writing through a standard decision notice with shall include an explanation of the reasons for the determination.
						(4)
 (A)The Commissioner of Social Security shall enter into contracts with independent review organizations in accordance with this subsection for the purpose of reviewing and determining individual appeals of determinations under paragraph (3) with respect to an application submitted pursuant to paragraph (2) relating to enrollment under part A or part B.
 (B)An individual who receives an adverse determination under paragraph (3) with respect to an application submitted pursuant to paragraph (2) may appeal to an independent review organization designated by the Commission. Any such appeal must be sent to the independent review organization within 90 days of the date the individual received the determination to be eligible for review. The independent review organization shall review and reach a determination of the review in writing within 45 days of the receipt of any such appeal.
 (C)The Secretary of the Treasury may not enter into a contract under subparagraph (A) with an independent review organization—
 (i)unless the organization has staff that has the appropriate knowledge of, and experience with, the eligibility and coordination of benefits rules and regulations under this title; and
 (ii)to the extent the organization is a fiscal intermediary under section 1816, a carrier under section 1842, or a Medicare administrative contractor under section 1874A.
 (D)The Secretary of Health and Human Services shall provide for access by independent review organizations conducting appeal determinations under this subsection, to the database of the Coordination of Benefits Contractor of the Centers for Medicare & Medicaid Services as necessary in order to conduct the duties of such organizations to determine appeals pursuant to this subsection..
 (b)Effective dateThe amendment made by subsection (a) shall take effect beginning on the date that is 6 months after the date of the enactment of this Act.


117 S2405 IS: Commitment to Veteran Support and Outreach Act
U.S. Senate
2021-07-21
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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. 2405IN THE SENATE OF THE UNITED STATESJuly 21, 2021Ms. Baldwin (for herself and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes.1.Short titleThis Act may be cited as the Commitment to Veteran Support and Outreach Act.2.Authority for Secretary of Veterans Affairs to award grants to States to improve outreach to veterans(a)In generalChapter 63 of title 38, United States Code, is amended—(1)by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and(2)by inserting after section 6306 the following new section 6307:6307.Grants to States to improve outreach to veterans(a)PurposeIt is the purpose of this section to provide for assistance by the Secretary to States to carry out programs that improve outreach and assistance to veterans and the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans and veterans-related benefits and programs (including State veterans programs) for which they may be eligible.(b)AuthorityThe Secretary may award grants to States—(1)to carry out, coordinate, improve, or otherwise enhance—(A)outreach activities; or(B)activities to assist in the development and submittal of claims for veterans and veterans-related benefits; or(2)to increase the number of county or tribal veterans service officers serving in the State by hiring new, additional such officers.(c)Application(1)To be eligible for a grant under this section, a State shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require.(2)Each application submitted under paragraph (1) shall include the following:(A)A detailed plan for the use of the grant.(B)A description of the programs through which the State will meet the outcome measures developed by the Secretary under subsection (i).(C)A description of how the State will distribute grant amounts equitably among counties with varying levels of urbanization.(D)A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. (d)DistributionThe Secretary shall seek to ensure that grants awarded under this section are equitably distributed among States with varying levels of urbanization.(e)PriorityThe Secretary shall prioritize awarding grants under this section that will serve the following areas: (1)Areas with a critical shortage of county or tribal veterans service officers. (2)Areas with high rates of—(A)suicide among veterans; or (B)referrals to the Veterans Crisis Line. (f)Use of county or tribal veterans service officersA State that receives a grant under this section to carry out an activity described in subsection (b)(1) shall carry out the activity through—(1)a county or tribal veterans service officer of the State; or(2)if the State does not have a county or tribal veterans service officer, or if the county or tribal veterans service officers of the State cover only a portion of that State, an appropriate entity of a State, local, or tribal government, or another publicly funded entity, as determined by the Secretary. (g)Required activitiesAny grant awarded under this section shall be used—(1)to expand existing programs, activities, and services;(2)to hire new, additional county or tribal veterans service officers; or(3)for travel and transportation to facilitate carrying out paragraph (1) or (2). (h)Authorized activitiesA grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary. (i)Outcome measures(1)The Secretary shall develop and provide to each State that receives a grant under this section written guidance on the following: (A)Outcome measures. (B)Policies of the Department. (2)In developing outcome measures under paragraph (1), the Secretary shall consider the following goals: (A)Increasing the use of veterans and veterans-related benefits, particularly among vulnerable populations. (B)Increasing the number of county and tribal veterans service officers recognized by the Secretary for the representation of veterans under chapter 59 of this title. (j)Tracking requirements(1)With respect to each grant awarded under this section, the Secretary shall track the use of veterans and veterans-related benefits among the population served by the grant, including the average period of time between the date on which a veteran applies for such a benefit and the date on which the veteran receives the benefit, disaggregated by type of benefit. (2)Not less frequently than annually, the Secretary shall submit to Congress a report on the information tracked under paragraph (1). (k)Performance review(1)The Secretary shall— (A)review the performance of each State that receives a grant under this section; and(B)make information regarding such performance publicly available.(l)Remediation plan(1)In the case of a State that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State to submit a remediation plan under which the State shall describe how and when it plans to meet such outcome measures. (2)The Secretary may not award a subsequent grant under this section to a State described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State.(m)Maximum amountThe amount of a grant awarded under this section may not exceed 10 percent of amounts made available for grants under this section for the fiscal year in which the grant is awarded. (n)Supplement, not supplantAny grant awarded under this section shall be used to supplement and not supplant State and local funding that is otherwise available. (o)DefinitionsIn this section: (1)The term county or tribal veterans service officer includes a local equivalent veterans service officer. (2)The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title. (p)Funding(1)Amounts for the activities of the Department under this section shall be budgeted and appropriated through a separate appropriation account.(2)In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in paragraph (1).(q)Authorization
 of appropriationsThere is authorized to be appropriated to the Secretary for each of fiscal years 2022 through 2026, $50,000,000 to carry out this section..(b)Clerical amendmentThe table of sections at the beginning of chapter 63 of such title is amended by striking the items relating to sections 6307 and 6308 and inserting the following new items:6307. Grants to States to improve outreach to veterans.6308. Outreach for eligible dependents.6309. Biennial report to Congress..


 S3758 ENR: To amend the Klamath Basin Water Supply Enhancement Act of 2000 to make certain technical corrections.
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 Sixteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twentyS. 3758IN THE SENATE OF THE UNITED STATESAN ACTTo amend the Klamath Basin Water Supply Enhancement Act of 2000 to make certain technical corrections.1.Klamath Basin Water Supply Enhancement Act of 2000 technical correctionsSection 4(b) of the Klamath Basin Water Supply Enhancement Act of 2000 (114 Stat. 2222; 132 Stat. 3887) is amended—(1)in paragraph (1)—(A)in the matter preceding subparagraph (A)—(i)by striking Pursuant to the reclamation laws and subject and inserting Subject; and(ii)by striking may and inserting is authorized to; and(B)in subparagraph (A), by inserting , including conservation and efficiency measures, land idling, and use of groundwater, after administer programs;(2)in paragraph (3)(A), by inserting and after the semicolon at the end;(3)by redesignating the second paragraph (4) (relating to the effect of the subsection) as paragraph (5); and(4)in paragraph (5) (as so redesignated)—(A)by striking subparagraph (B);(B)in subparagraph (A), by striking ; or and inserting a period; and(C)by striking the Secretary— and all that follows through to develop in subparagraph (A) and inserting the Secretary to develop. 2.Continued use of Pick-Sloan Missouri Basin Program project use power by the Kinsey Irrigation Company and the Sidney Water Users Irrigation District(a)AuthorizationNotwithstanding any other provision of law and subject to subsection (b), the Secretary of the Interior (acting through the Commissioner of Reclamation) shall continue to treat the irrigation pumping units known as the Kinsey Irrigation Company in Custer County, Montana and the Sidney Water Users Irrigation District in Richland County, Montana, or any successor to the Kinsey Irrigation Company or Sidney Water Users Irrigation District, as irrigation pumping units of the Pick-Sloan Missouri Basin Program for the purposes of wheeling, administration, and payment of project use power, including the applicability of provisions relating to the treatment of costs beyond the ability to pay under section 9 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665).(b)LimitationThe quantity of power to be provided to the Kinsey Irrigation Company and the Sidney Water Users Irrigation District (including any successor to the Kinsey Irrigation Company or the Sidney Water Users Irrigation District) under subsection (a) may not exceed the maximum quantity of power provided to the Kinsey Irrigation Company and the Sidney Water Users Irrigation District under the applicable contract for electric service in effect on the date of enactment of this Act. Speaker of the House of RepresentativesVice President of the United States and President of the Senate


115 HR 1296 IH: To amend the Internal Revenue Code of 1986 to provide appropriate rules for the application of the deduction for income attributable to domestic production activities with respect to certain contract manufacturing or production arrangements.
U.S. House of Representatives
2017-03-01
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.

I115th CONGRESS1st SessionH. R. 1296IN THE HOUSE OF REPRESENTATIVESMarch 1, 2017Mr. Tiberi (for himself, Mr. Neal, Mr. Renacci, Mr. Larson of Connecticut, Mr. Paulsen, Mr. Kind, and Mrs. Beatty) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide appropriate rules for the application of the deduction for income attributable to domestic production activities with respect to certain contract manufacturing or production arrangements.
1.Application of deduction for income attributable to domestic production activities to certain contract manufacturing or production arrangements
(a)In generalSection 199(d) of the Internal Revenue Code of 1986 is amended— (1)by inserting the same qualified production activities income derived from before any activity in paragraph (10),
(2)by redesignating paragraph (10) (as amended by paragraph (1)) as paragraph (11), and (3)by inserting after paragraph (9) the following new paragraph:

(10)Contract manufacturing or production arrangements
(A)In generalExcept as provided in subparagraph (B), in the case of a contract manufacturing or production arrangement under which any person makes a substantial contribution through the activities of its employees within the United States to the manufacture, production, growth, or extraction of qualifying production property, taking into account the factors set forth in subparagraph (D)— (i)such person shall be treated as engaging in the manufacturing, production, growth, or extraction of such qualifying production property, and
(ii)the domestic production gross receipts of such person shall include the gross receipts of such person received under such arrangement for such activities. (B)Treatment of certain written agreementsIn the case of a contract manufacturing or production arrangement, if all parties to such arrangement agree in writing that only one such person shall be eligible for the deduction under this section, such person shall be treated as performing the activities described in subclauses (I) and (II) of subsection (c)(4)(A)(i) under such arrangement and no other person shall be treated for purposes of this section as performing such activities.
(C)Contract manufacturing or production arrangementFor purposes of this paragraph, the term contract manufacturing or production arrangement means any arrangement under which— (i)a person contracts with one or more unrelated persons for the manufacture, production, growth or extraction of an item of qualifying production property or a qualified film, and
(ii)in the case of qualifying production property, such item of qualifying production property is manufactured, produced, grown or extracted in whole or significant part within the United States pursuant to subsection (c)(4)(A)(i)(I). (D)Factors for determining substantial contributionThe Secretary shall prescribe regulations setting forth activities to be taken into account in determining whether a person makes a substantial contribution through the activities of its employees within the United States to the manufacture, production, growth or extraction of qualifying production property for purposes of subparagraph (A). Such factors shall include—
(i)oversight and direction of the activities or process pursuant to which the property is manufactured, produced, grown or extracted; (ii)physical transformation of personal property, or assembly or conversion of component parts into qualifying production property, that does not by itself constitute manufacturing, production, growth or extraction pursuant to subsection (c)(4)(A)(i)(I);
(iii)material selection, vendor selection, or ownership and control of the raw materials, work-in-process or finished goods; (iv)management of risk of loss, cost reduction or efficiency initiatives associated with the manufacturing process, demand planning, production scheduling, hedging raw material costs and other manufacturing costs or capacities;
(v)control of manufacturing related logistics; (vi)sample testing, establishment of quality control standards and other quality control activities;
(vii)developing, or directing the use or development of, product design and design specifications, as well as trade secrets, technology, and other intellectual property for the purpose of manufacturing, producing, growing or extracting the qualifying production property; and (viii)such other activities as shall be determined by the Secretary.
(E)Safe harbor for determining substantial contribution
(i)In generalA person which has economic risk of loss with respect to greater than 50 percent of the direct material costs necessary to the manufacture, production, growth, or extraction of the qualifying production in whole or in significant part within the United States shall be deemed for purposes of subparagraph (A) to make a substantial contribution through the activities of its employees within the United States to the manufacture, production, growth, or extraction of such qualifying production property. (ii)Economic risk of lossFor purposes of this subparagraph, a person has economic risk of loss if such person bears the ultimate economic responsibility for the direct material cost. The following factors shall not affect the determination of economic risk of loss:
(I)Contractual requirements to insure the direct materials. (II)Contractual liability for breach of performance.
(iii)Direct material costFor purposes of this subparagraph, the term direct material cost includes the cost of materials that become an integral part of qualifying production property and materials that are consumed in the ordinary course of production and that can be identified or associated with particular units or groups of units of property produced.. (b)Effective date (1)In generalThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
(2)Election for retroactive applicationIf all of the persons entering into a written agreement described in section 199(d)(10)(B) of the Internal Revenue Code of 1986 (as amended by this Act) elect to have this paragraph apply to taxable years beginning on or before the date of the enactment of this Act and can demonstrate, by providing copies of timely filed tax returns (including amended returns) or otherwise, that only one person claimed the deduction under section 199 of such Code in such taxable years with respect to the property described in the agreement, then the amendments made by this section shall apply to such taxable years of such persons. (c)No inferenceThe amendments made by this section are intended as safe harbors and shall not be construed as adversely affecting the eligibility for a deduction under section 199 of the Internal Revenue Code of 1986 of any person who contracts with another person to manufacture, produce, grow or extract property described in subsection (c)(5) or (c)(6) of such section.


110 HR 912 IH: Spinach Research and Recovery Act of 2007
U.S. House of Representatives
2007-02-08
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 912
IN THE HOUSE OF REPRESENTATIVES

February 8, 2007
Mr. Farr (for himself, Mr. Baca, Mr. Cardoza, Mr. Costa, Mr. Filner, Mr. Gilchrest, Ms. Zoe Lofgren of California, and Mr. Salazar) introduced the following bill; which was referred to the Committee on Agriculture

A BILL
To provide additional funds for food safety research related to perishable agricultural commodities, to provide emergency financial assistance to producers and first handlers of fresh spinach for losses incurred as a result of the removal of fresh spinach and products containing fresh spinach from the market and other actions undertaken in response to a public health advisory regarding spinach issued by the Food and Drug Administration in September 2006, and for other purposes.

1.Short titleThis Act may be cited as the Spinach Research and Recovery Act of 2007.
2.Additional funds for food safety research regarding perishable agricultural commodities
(a)In generalFor the purpose of conducting and supporting applied research to enhance the safety of perishable agricultural commodities for consumers:
(1)For the Agricultural Research Service within the Department of Agriculture for such research within the jurisdiction and particular expertise of such Service, there is authorized to be appropriated $10,000,000 for fiscal year 2008, in addition to other authorizations of appropriations available to such Service for such purpose, to remain available until expended.
(2)For the Cooperative State Research, Education, and Extension Service within the Department of Agriculture for such research within the jurisdiction and particular expertise of such Service, there is authorized to be appropriated $10,000,000 for fiscal year 2008, in addition to other authorizations of appropriations available to such Service for such purpose, to remain available until expended.
(3)For the Center for Food Safety and Applied Nutrition within the Food and Drug Administration, Department of Health and Human Services, for such research within the jurisdiction and particular expertise of such Center, there is authorized to be appropriated $6,500,000 for fiscal year 2008, in addition to other authorizations of appropriations available to such agency for such Center, to remain available until expended.
(b)ConsultationPrograms of research under subsection (a) shall be conducted and supported in consultation with producers of perishable agricultural commodities.
(c)Perishable agricultural commodity definedIn this section, the term perishable agricultural commodity  has the meaning given that term in section 1(b) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)).
3.Spinach emergency assistanceThe Secretary of Agriculture shall use such sums as may be necessary of funds of the Commodity Credit Corporation to make payments to growers and first handlers, as defined by the Secretary, of fresh spinach that were unable to market spinach crops as a result of the Food and Drug Administration Public Health Advisory issued on September 14, 2006. The payment made to a grower or first handler under this section shall not exceed 75 percent of the value of the unmarketed spinach crop.


114 S1063 IS: American Energy Efficiency Act
U.S. Senate
2015-04-22
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.

II114th CONGRESS1st SessionS. 1063IN THE SENATE OF THE UNITED STATESApril 22, 2015Mr. Franken introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal
			 energy efficiency resource standard for electricity and natural gas
			 suppliers, and for other purposes.

 1.Short titleThis Act may be cited as the American Energy Efficiency Act.
		2.Energy efficiency resource standard for retail electricity and natural gas suppliers
 (a)In generalTitle VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end the following:

					610.Federal energy efficiency resource standard for retail electricity and natural gas suppliers
 (a)DefinitionsIn this section: (1)Base quantity (A)In generalThe term base quantity, with respect to a retail electricity supplier or retail natural gas supplier, means, for each calendar year for which a performance standard is established under subsection (c), the average annual quantity of electricity or natural gas delivered by the retail electricity supplier or retail natural gas supplier to retail customers during the 3 calendar years immediately preceding the first year that compliance is required under subsection (c)(1).
 (B)ExclusionThe term base quantity, with respect to a retail natural gas supplier, does not include natural gas delivered for purposes of electricity generation.
 (2)Customer facility savingsThe term customer facility savings means a reduction in end-use electricity or natural gas consumption (including waste heat energy savings) at a facility of an end-use consumer of electricity or natural gas served by a retail electricity supplier or natural gas supplier, as compared to—
 (A)in the case of a new facility, consumption at a reference facility of average efficiency; (B)in the case of an existing facility, consumption at the facility during a base period of not less than 1 year;
 (C)in the case of new equipment that replaces existing equipment at the end of the useful life of the existing equipment, consumption by new equipment of average efficiency of the same equipment type, except that customer savings under this subparagraph shall not be counted towards customer savings under subparagraph (A) or (B); and
 (D)in the case of new equipment that replaces existing equipment with remaining useful life— (i)consumption of the existing equipment for the remaining useful life of the equipment; and
 (ii)thereafter, consumption of new equipment of average efficiency. (3)Electricity savingsThe term electricity savings means reductions in electricity consumption achieved through measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to—
 (A)customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility;
 (B)reductions in distribution system losses of electricity achieved by a retail electricity supplier, as compared to losses attributable to new or replacement distribution system equipment of average efficiency, as defined in regulations promulgated by the Secretary;
 (C)CHP savings; (D)codes and standards savings of electricity; and
 (E)fuel switching energy savings that results in net savings of electricity. (4)Natural gas savingsThe term natural gas savings means reductions in natural gas consumption from measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to—
 (A)customer facility savings of natural gas, adjusted to reflect any associated increase in electricity consumption or consumption of other fuels at the facility;
 (B)reductions in leakage, operational losses, and consumption of natural gas fuel to operate a gas distribution system, achieved by a retail natural gas supplier, as compared to similar leakage, losses, and consumption during a base period of not less than 1 year;
 (C)codes and standards savings of natural gas; and (D)fuel switching energy savings that results in net savings of natural gas.
								(5)Retail electricity supplier
 (A)In generalThe term retail electricity supplier means, for any given calendar year, an electric utility that sells not less than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year.
 (B)Inclusions and limitationsFor purposes of determining whether an electric utility qualifies as a retail electricity supplier under subparagraph (A)—
 (i)deliveries by any affiliate of an electric utility to electric consumers for purposes other than resale shall be considered to be deliveries by the electric utility; and
 (ii)deliveries by any electric utility to a lessee, tenant, or affiliate of the electric utility shall not be considered to be deliveries to electric consumers.
									(6)Retail natural gas supplier
 (A)In generalThe term retail natural gas supplier means, for any given calendar year, a local distribution company (as defined in section 2 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3301)), that delivered to natural gas consumers more than 5,000,000,000 cubic feet of natural gas for purposes other than resale during the preceding calendar year.
 (B)Inclusions and limitationsFor purposes of determining whether a person qualifies as a retail natural gas supplier under subparagraph (A)—
 (i)deliveries of natural gas by any affiliate of a local distribution company to consumers for purposes other than resale shall be considered to be deliveries by the local distribution company; and
 (ii)deliveries of natural gas to a lessee, tenant, or affiliate of a local distribution company shall not be considered to be deliveries to natural gas consumers.
									(b)Establishment of program
 (1)RegulationsNot later than 1 year after the date of enactment of this section, the Secretary shall, by regulation, establish a program to implement and enforce the requirements of this section, including by—
 (A)defining the terms CHP savings, code and standards savings, combined heat and power system, cost-effective, fuel switching energy savings, reporting period, third-party efficiency provider, and waste heat energy savings; (B)establishing measurement and verification procedures and standards that count only measures and savings that are additional to business-as-usual customer purchase practices;
 (C)establishing requirements under which retail electricity suppliers and retail natural gas suppliers shall—
 (i)demonstrate, document, and report the compliance of the retail electricity suppliers and retail natural gas suppliers with the performance standards under subsection (c); and
 (ii)estimate the impact of the standards on current and future electricity and natural gas use in the service territories of the suppliers;
 (D)establishing requirements governing applications for, and implementation of, delegated State administration under subsection (e); and
 (E)establishing rules to govern transfers of electricity or natural gas savings between suppliers and third-party efficiency providers serving the same State and between suppliers and third-party efficiency providers serving different States.
 (2)Coordination with State programsIn establishing and implementing this section, the Secretary shall, to the maximum extent practicable, preserve the integrity and incorporate best practices of existing State energy efficiency programs.
							(c)Performance standards
 (1)Compliance obligationNot later than May 1 of the calendar year immediately following each reporting period— (A)each retail electricity supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that the retail electricity supplier has achieved cumulative electricity savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage of the base quantity of the retail electricity supplier; and
 (B)each retail natural gas supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that it has achieved cumulative natural gas savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage of the base quantity of such retail natural gas supplier.
 (2)Standards for 2017 through 2030For each of calendar years 2017 through 2030, the applicable percentages are as follows:Calendar YearCumulative Electricity Savings PercentageCumulative Natural Gas Savings Percentage2017 1.00 0.502018 2.00 1.252019 3.00 2.002020 4.25 3.002021 5.50 4.002022 7.00 5.002023 8.50 6.00202410.00 7.00202511.50 8.00202613.00 9.00202714.7510.00202816.5011.00202918.2512.00203020.0013.00. (3)Subsequent years (A)Calendar years 2031 through 2040Not later than December 31, 2028, the Secretary shall promulgate regulations establishing performance standards (expressed as applicable percentages of base quantity for both cumulative electricity savings and cumulative natural gas savings) for each of calendar years 2031 through 2040.
 (B)RequirementsThe Secretary shall establish standards under this paragraph at levels reflecting the maximum achievable level of cost-effective energy efficiency potential, taking into account—
 (i)cost-effective energy savings achieved by leading retail electricity suppliers and retail natural gas suppliers;
 (ii)opportunities for new codes and standard savings; (iii)technology improvements; and
 (iv)other indicators of cost-effective energy efficiency potential including differences between States.
 (C)Minimum percentageIn no case shall the applicable percentages for any calendar year be less than the applicable percentages for calendar year 2030.
								(4)Delay of submission for first reporting period
 (A)In generalNotwithstanding paragraphs (1) and (2), for the 2017 reporting period, the Secretary may accept a request from a retail electricity supplier or a retail natural gas supplier to delay the required submission of documentation of all or part of the required savings for up to 2 years.
 (B)Plan for complianceThe request for delay under subparagraph (A) shall include a plan for coming into full compliance by the end of the 2018–2019 reporting period.
 (5)Applying unused savings to future yearsIf savings achieved in a year exceed the performance standards specified in this subsection, any savings in excess of the performance standards may be applied toward performance standards specified for future years.
							(d)Enforcement and judicial review
							(1)Review of retail supplier reports
 (A)In generalThe Secretary shall review each report submitted to the Secretary by a retail electricity supplier or retail natural gas supplier under subsection (c) to verify that the applicable performance standards under subsection (c) have been met.
 (B)ExclusionIn determining compliance with the applicable performance standards under subsection (c), the Secretary shall exclude reported electricity savings or natural gas savings that are not adequately demonstrated and documented, in accordance with the regulations promulgated under subsections (b) and (c).
 (2)Penalty for failure to document adequate savingsIf a retail electricity supplier or a retail natural gas supplier fails to demonstrate compliance with an applicable performance standard under subsection (c), or to pay to the State an applicable alternative compliance payment under subsection (e)(3), the Secretary shall assess against the retail electricity supplier or retail natural gas supplier a civil penalty for each failure in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate—
 (A)$100 per megawatt hour of electricity savings or alternative compliance payment that the retail electricity supplier failed to achieve or make, respectively; or
 (B)$10 per million Btu of natural gas savings or alternative compliance payment that the retail natural gas supplier failed to achieve or make, respectively.
 (3)Offsetting state penaltiesThe Secretary shall reduce the amount of any penalty under paragraph (2) by the amount paid by the relevant retail electricity supplier or retail natural gas supplier to a State for failure to comply with the requirements of a State energy efficiency resource standard during the same compliance period.
 (4)Enforcement proceduresThe Secretary shall assess a civil penalty, as provided under paragraph (2), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act of 1954 (42 U.S.C. 6303).
							(e)State administration
 (1)In generalUpon receipt of an application from the Governor of a State (including the Mayor of the District of Columbia), the Secretary may delegate to the State responsibility for administering this section within the territory of the State if the Secretary determines that the State will implement an energy efficiency program that meets or exceeds the requirements of this section.
 (2)Secretarial determinationNot later than 180 days after the date on which a complete application is received by the Secretary, the Secretary shall make a substantive determination approving or disapproving a State application, after public notice and comment.
							(3)Alternative compliance payments
 (A)In generalAs part of an application submitted under paragraph (1), a State may permit retail electricity suppliers or retail natural gas suppliers to pay to the State, by not later than May 1 of the calendar year immediately following the applicable reporting period, an alternative compliance payment in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate, not less than—
 (i)$50 per megawatt hour of electricity savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard; or
 (ii)$5 per million Btu of natural gas savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard.
 (B)Use of paymentsAlternative compliance payments collected by a State under subparagraph (A) shall be used by the State to administer the delegated authority of the State under this section and to implement cost-effective energy efficiency programs that—
 (i)to the maximum extent practicable, achieve electricity savings and natural gas savings in the State sufficient to make up the deficit associated with the alternative compliance payments; and
 (ii)can be measured and verified in accordance with the applicable procedures and standards under subsection (b)(1)(B).
									(4)Review of state implementation
 (A)Periodic reviewEvery 2 years, the Secretary shall review State implementation of this section for conformance with the requirements of this section in approximately 1/2 of the States that have received approval under this subsection to administer the program, so that each State shall be reviewed at least every 4 years.
 (B)ReportTo facilitate the review under subparagraph (A), the Secretary may require the State to submit a report demonstrating the conformance of the State with the requirements of this section.
								(C)Deficiencies
 (i)In generalIn completing a review under this paragraph, if the Secretary finds deficiencies, the Secretary shall—
 (I)notify the State of the deficiencies; (II)direct the State to correct the deficiencies; and
 (III)require the State to report to the Secretary on progress made by not later than 180 days after the date on which the State receives notice under subclause (I).
 (ii)Substantial deficienciesIf the deficiencies are substantial, the Secretary shall— (I)disallow the reported electricity savings or natural gas savings that the Secretary determines are not credible due to deficiencies;
 (II)re-review the State not later than 2 years after the date on which the original review was completed; and
 (III)if substantial deficiencies remain uncorrected after the review provided for under subclause (II), revoke the authority of the State to administer the program established under this section.
 (f)Information and reportsIn accordance with section 13 of the Federal Energy Administration Act of 1974 (15 U.S.C. 772), the Secretary may require any retail electricity supplier, retail natural gas supplier, third-party efficiency provider, or any other entity that the Secretary determines appropriate, to provide any information the Secretary determines appropriate to carry out this section.
 (g)State lawNothing in this section diminishes or qualifies any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting electricity savings or natural gas savings, including any law or regulation establishing energy efficiency requirements that are more stringent than those under this section, except that no State law or regulation shall relieve any person of any requirement otherwise applicable under this section.
						.
 (b)Conforming amendmentThe table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following:
				Sec. 609. Rural and remote communities electrification grants.Sec. 610. Federal energy efficiency resource standard for retail electricity and natural gas
			 suppliers..


115 HRES 969 IH: Recognizing the accomplishments and the economic contributions of lesbian, gay, bisexual, and transgender (LGBT) entrepreneurs and small business owners.
U.S. House of Representatives
2018-06-26
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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.

IV115th CONGRESS2d SessionH. RES. 969IN THE HOUSE OF REPRESENTATIVESJune 26, 2018Mrs. Murphy of Florida (for herself, Ms. Ros-Lehtinen, and Mr. Pocan) submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONRecognizing the accomplishments and the economic contributions of lesbian, gay, bisexual, and
			 transgender (LGBT) entrepreneurs and small business owners.

 Whereas according to the National LGBT Chamber of Commerce (NGLCC), there are an estimated 1.4 million LGBT-owned businesses across the United States;
 Whereas over 1,000 businesses are NGLCC-certified LGBT Business Enterprises (LGBTBEs) and majority owned, operated, managed, and controlled by LGBT Americans;
 Whereas LGBT-certified companies reported an average of $2.5 million in annual revenues and contribute over $1.15 billion to the United States economy;
 Whereas if all estimated LGBT-owned businesses in America are combined, the economic contribution exceeds $1.7 trillion;
 Whereas the majority of certified LGBT-owned businesses are located in the States of California, New York, Texas, Florida, and Georgia with support provided by a network of affiliated LGBT chambers of commerce throughout the United States;
 Whereas certified LGBT-owned businesses have created over 33,000 jobs in the United States; Whereas certified LGBT-owned businesses survive an average of 12 years, despite the national average for small business closures being 5 years;
 Whereas LGBT entrepreneurs have started successful small businesses across a wide variety of industries, including consulting, marketing, construction, legal services, and defense contracting;
 Whereas a certified LGBT-owned firm was selected as the 2016 Small Business of the Year by the Small Business Administration; and
 Whereas despite decades of discrimination on the basis of sexual orientation and gender identity, LGBT entrepreneurs and small business owners continue to fight for equal opportunities across key aspects of life such as employment, housing, and credit: Now, therefore, be it

 That the House of Representatives recognizes the accomplishments and economic contributions of LGBT entrepreneurs and small business owners in the United States.


109 HR 4613 IH: Garment Consumer’s Right-to-Know Act of 2005
U.S. House of Representatives
2005-12-16
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. 4613
IN THE HOUSE OF REPRESENTATIVES

December 16, 2005
Ms. Velázquez (for herself, Mr. Owens, Mr. Brady of Pennsylvania, Mr. Kildee, Mr. Frank of Massachusetts, Ms. Schakowsky, and Ms. Kaptur) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To amend the Fair Labor Standards Act of 1938 to provide access to information about sweatshop conditions in the garment industry, and for other purposes.

1.Short titleThis Act may be cited as the Garment Consumer’s Right-to-Know Act of 2005.
2.FindingsThe Congress finds the following:
(1)The production of garments in sweatshops that violate labor rights and standards burdens interstate and international commerce and the free flow of goods in commerce by spreading and perpetuating labor conditions that undermine minimum living standards and by providing an unfair means of competition to the detriment of employers who comply with the law.
(2)The existence of domestic and foreign working conditions detrimental to fair competition and the maintenance of minimum standards of living necessary for health, efficiency, and general well-being of domestic and foreign workers are a continuing and growing problem in the garment industry.
(3)Many consumers of garments wish to know whether the garments they purchase in interstate and international commerce are made under working conditions that the consumer deems morally repugnant, indecent, violative of workers’ human dignity and fundamental rights, or otherwise unacceptable. The absence of reliable and available information about such sweatshop conditions impairs consumers’ capacity to freely and knowingly choose whether to purchase garments made in sweatshops and sold into interstate and international commerce.
(4)The Congress concurs in the findings of the Comptroller General that most sweatshop employers violate the recordkeeping requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(5)The failure of these employers to maintain adequate records, as well as the lack of access to such records by consumers, employees, consumer and employee representatives, and the public at large has adversely affected and continues to adversely affect the ability of employees and the Department of Labor to collect wages due to workers and to otherwise ensure compliance with the Act’s wage and hour, child labor, and industrial homework provisions.
(6)These failures of recordkeeping and lack of access to records—combined with the inadequacy in the scope of information that manufacturers have been required to record and disclose—also obstruct consumers from freely and knowingly choosing whether to buy garments that are made under sweatshop conditions.
(7)It is necessary to amend the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to ensure free consumer choice and to promote fair competition and working conditions that are not detrimental to the maintenance of health, efficiency, and general well-being of workers in the garment industry.
3.Recordkeeping and disclosure in the garment industryThe Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 11 the following new section:

11A.Recordkeeping and disclosure in the garment industry
(a)An apparel manufacturer shall maintain, for not less than 3 years, the following:
(1)The same records and information with respect to the employees and homeworkers of each contractor engaged by the apparel manufacturer that the apparel manufacturer is required to make, keep, and preserve with respect to an employer’s employees and homeworkers under section 11(c).
(2)Records of the following, with respect to the apparel manufacturer and each contractor engaged by the apparel manufacturer:
(A)The address of the headquarters, principal places of business, and place of incorporation (or other legal registration) of the apparel manufacturer and each contractor.
(B)A full description of each production run of the apparel manufacturer and of each production order placed by the apparel manufacturer with the contractor, including descriptions of the items manufactured or otherwise transformed by the apparel manufacturer or contractor, and of the attendant processes of manufacturing and transformation, that are sufficiently detailed to enable consumers, employees, consumer and employee representatives, and the public to readily identify—
(i)the type, brand, style, or other identifying features of the particular final retail product to which a production run or production order applies;
(ii)for each process of manufacturing or transformation, the quantity of items manufactured or transformed by that process, the date of work performed, and the location of the facility where work was or is performed by employees of the apparel manufacturer fulfilling a production run or of the contractor fulfilling the production order;
(iii)the class or type of employees that performed each process of manufacturing or transformation;
(iv)the age of each such employee; and
(v)for each such employee, identified by a unique number divulged only to that employee, the regular time and overtime hours worked (as determined under section 13), the wages and benefits paid, and the method of calculating any piece rates or incentive rates paid.
(C)The names and addresses of all persons who are financially invested or interested, whether as partners, associates, profit sharers, shareholders, or through other forms of financial investment, in the apparel manufacturer and each contractor engaged by the apparel manufacturer, together with the proportion or amount of their respective investments or interests, except that in the case of a publicly traded corporation a listing of principal officers shall suffice.
(3)Identification of—
(A)all applicable labor laws; and
(B)every charge, complaint, petition, or other legal, administrative, or claim submitted, filed, served, or in any other manner brought by any party, and every action taken by any public authority or private arbitrator during the previous 5 years, pertaining to compliance or non compliance by the apparel manufacturer and each contractor with the applicable labor laws.
(b)Prior to, or concurrent with, an apparel manufacturer’s placement of a production order with a contractor to manufacture apparel, the apparel manufacturer shall enter into a contract with the contractor that requires the contractor to provide to the apparel manufacturer, in a timely manner, the records and information required under subsection (a).
(c)An apparel manufacturer shall diligently enforce any contract specified in section 11A(b), including initiating legal action against the contractor in an appropriate court.
(d)
(1)Beginning 1 year after the date of enactment of this section, an apparel manufacturer shall submit copies of the records and contracts required under subsection (a) and (b) to the Secretary, who shall make the information contained in those records and contracts fully and freely available to the public, through printed and electronic databases that are available via the Internet and readily searchable by content.
(2)Not later than 1 year after enactment of this subsection, the Secretary shall promulgate regulations indicating the specific categories of data an apparel manufacturer and each of its contractors shall submit. The Secretary shall ensure that those categories are sufficient to ensure that the database required under paragraph (1) is readily searchable by name of apparel manufacturer and contractor, address of apparel manufacturer and contractor, date of each production run of the apparel manufacturer, date of each production order or purchase order between named apparel manufacturers and contractors, job categories of each apparel manufacturer and contractor for each production run, purchase order and production order, categories of violations and other information for each apparel manufacturer and contractor specified in subsection (a)(3)(B). The Secretary shall provide for the submission of such data through a standardized electronic means that is freely available to all apparel manufacturers and contractors.
(e)
(1)
(A)Any employee of an apparel manufacturer, or of a contractor engaged by such manufacturer, any organization representing the interests of consumers in the United States, and any labor organization representing employees in the garment industry in the United States or in the country in which the respective contractor does business may bring an action against such manufacturer or contractor for violation of such manufacturer’s obligations under this section in an appropriate United States district court.
(B)An apparel manufacturer or contractor found liable in an action under this paragraph shall be subject to an award of compensatory, consequential, and punitive damages, as well as equitable relief. Any such damages shall be awarded to, and apportioned among, the employees of the contractor as to which the apparel manufacturer has failed to maintain information required under subsection (a) or has failed to enter into or enforce contracts as required under subsection (b).
(C)Plaintiffs in such actions shall be entitled to a trial by jury and to attorney fees and costs in the same manner as provided in section 16(b).
(2)The compliance of an apparel manufacturer with this section, with respect to the information and records employees and homeworkers of each contractor engaged by the apparel manufacturer and the contract and enforcement requirements of subsections (b) and (c), may be enforced in the same manner as records and information the apparel manufacturer is required to make, keep, and preserve with respect to an employer’s employees and homeworkers under section 11(a).
(f)For purposes of this section:
(1)
(A)The term apparel means a garment (or a section or component of such garment) designed or intended to be worn by men, women, children, or infants and to be sold or offered for sale.
(B)Such term includes clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts.
(C)Such term does not include premanufactured items, such as buttons, zippers, snaps, or studs.
(2)The term manufacture, with respect to apparel, means to design, cut, sew, dye, wash, finish, assemble, press, or otherwise produce.
(3)
(A)The term apparel manufacturer means any person, in or affecting interstate or foreign commerce, that—
(i)manufactures apparel or engages in the business of selling apparel; or
(ii)engages a contractor to manufacture apparel.
(B)Such term does not include a contractor.
(4)The term contractor means—
(A)any person who contracts, directly or indirectly, with an apparel manufacturer to manufacture apparel (including any subcontractor of such person) for such manufacturer; and
(B)any agent, distributor, or person described in subparagraph (A) through which homework is distributed or collected by such an agent, distributor, or contractor engaged by an apparel manufacturer.
(5)The term applicable labor laws means the Federal, State, or international laws or regulations to which an apparel manufacturer or contractor is subject in the area of labor and employment, including wages and hours, child labor, safety and health, discrimination, freedom of association and collective bargaining, work-related benefits and leaves, and any other workplace condition or aspect of the employment relationship.
(6)The term appropriate court means, with respect to an apparel manufacturer or contractor—
(A)an appropriate United States district court;
(B)a court of any State having jurisdiction over the apparel manufacturer or contractor; or
(C)a foreign court or tribunal having jurisdiction over the apparel manufacturer or contractor..
4.Civil penalties for violations of recordkeepingSection 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended by adding at the end the following:

(f)Any person who fails to maintain or submit information, records, or contracts as required under section 11(c) and section 11A shall be subject to a civil penalty of $5,000 for each employee to whom such records pertain, except that a person who willfully commits such a failure shall be liable for such civil penalty for each pay period in which the failure occurs. In addition to any other penalties provided by law, any person who submits fraudulent information, records, or contracts under section 11A shall be subject to a civil penalty of $10,000 for the first such fraudulent act and $15,000 for each such subsequent fraudulent act..


114 S751 IS: Clean Air, Strong Economies Act
U.S. Senate
2015-03-17
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.

II114th CONGRESS1st SessionS. 751IN THE SENATE OF THE UNITED STATESMarch 17, 2015Mr. Thune (for himself, Mr. Manchin, Mr. Blunt, Mr. Boozman, Mrs. Capito, Mr. Cassidy, Mr. Coats, Mr. Cornyn, Mr. Cotton, Mr. Enzi, Mrs. Fischer, Mr. Flake, Mr. Hatch, Mr. Inhofe, Mr. Isakson, Mr. McConnell, Ms. Murkowski, Mr. Perdue, Mr. Rounds, Mr. Scott, Mr. Vitter, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo improve the establishment of any lower ground-level ozone standards, and for other purposes.

 1.Short titleThis Act may be cited as the Clean Air, Strong Economies Act or the CASE Act. 2.Ground-level ozone standardsNotwithstanding any other provision of law (including regulations), in promulgating a national primary or secondary ambient air quality standard for ozone, the Administrator of the Environmental Protection Agency—
 (1)shall not make final a national primary or secondary ambient air quality standard for ozone that is lower than the standard established under section 50.15 of title 40, Code of Federal Regulations (as in effect on January 1, 2015), until at least 85 percent of the counties that were nonattainment areas under that standard as of January 30, 2015, achieve full compliance with that standard;
 (2)shall only consider all or part of a county to be a nonattainment area under the standard on the basis of direct air quality monitoring;
 (3)shall take into consideration feasibility and cost; and (4)shall include in the regulatory impact analysis for the proposed and final rule at least 1 analysis that does not include any calculation of benefits resulting from reducing emissions of any pollutant other than ozone.