109 HR 2840 RH: Federal Agency Protection of Privacy Act of 2005
U.S. House of Representatives
2006-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 408
109th CONGRESS 2d Session
H. R. 2840
[Report No. 109–675]
IN THE HOUSE OF REPRESENTATIVES

June 9, 2005
Mr. Chabot (for himself, Mr. Nadler, Mr. Cannon, and Mr. Delahunt) introduced the following bill; which was referred to the Committee on the Judiciary

September 25, 2006
Additional sponsors: Mr. Boucher, Mr. McDermott, Mr. Kennedy of Minnesota, and Mr. Paul

September 25, 2006
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on June 9, 2005

A BILL
To amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes.

1.Short titleThis Act may be cited as the Federal Agency Protection of Privacy Act of 2005.
2.Requirement that agency rulemaking take into consideration impacts on individual privacy
(a)In generalTitle 5, United States Code, is amended by adding after section 553 the following new section:

553a.Privacy impact assessment in rulemaking
(a)Initial privacy impact assessment
(1)In generalWhenever an agency is required by section 553 of this title, or any other law, to publish a general notice of proposed rulemaking for a proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, and such rule or proposed rulemaking pertains to the collection, maintenance, use, or disclosure of personally identifiable information from 10 or more individuals, other than agencies, instrumentalities, or employees of the Federal government, the agency shall prepare and make available for public comment an initial privacy impact assessment that describes the impact of the proposed rule on the privacy of individuals. Such assessment or a summary thereof shall be signed by the senior agency official with primary responsibility for privacy policy and be published in the Federal Register at the time of the publication of a general notice of proposed rulemaking for the rule.
(2)ContentsEach initial privacy impact assessment required under this subsection shall contain the following:
(A)A description and analysis of the extent to which the proposed rule will impact the privacy interests of individuals, including the extent to which the proposed rule—
(i)provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed;
(ii)allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies;
(iii)prevents such information, which is collected for one purpose, from being used for another purpose; and
(iv)provides security for such information, including the provision of written notice to any individual, within 14 days of the date of compromise, whose privacy interests are compromised by the unauthorized release of personally identifiable information as a result of a breach of security at or by the agency.
(B)A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant privacy impact of the proposed rule on individuals.
(b)Final privacy impact assessment
(1)In generalWhenever an agency promulgates a final rule under section 553 of this title, after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States, and such rule or proposed rulemaking pertains to the collection, maintenance, use, or disclosure of personally identifiable information from 10 or more individuals, other than agencies, instrumentalities, or employees of the Federal government, the agency shall prepare a final privacy impact assessment, signed by the senior agency official with primary responsibility for privacy policy.
(2)ContentsEach final privacy impact assessment required under this subsection shall contain the following:
(A)A description and analysis of the extent to which the final rule will impact the privacy interests of individuals, including the extent to which such rule—
(i)provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed;
(ii)allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies;
(iii)prevents such information, which is collected for one purpose, from being used for another purpose; and
(iv)provides security for such information, including the provision of written notice to any individual, within 14 days of the date of compromise, whose privacy interests are compromised by the unauthorized release of personally identifiable information as a result of a breach of security at or by the agency.
(B)A summary of any significant issues raised by the public comments in response to the initial privacy impact assessment, a summary of the analysis of the agency of such issues, and a statement of any changes made in such rule as a result of such issues.
(C)A description of the steps the agency has taken to minimize the significant privacy impact on individuals consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the privacy interests of individuals was rejected.
(3)Availability to publicThe agency shall make copies of the final privacy impact assessment available to members of the public and shall publish in the Federal Register such assessment or a summary thereof.
(c)Waivers
(1)EmergenciesAn agency head may waive or delay the completion of some or all of the requirements of subsections (a) and (b) to the same extent as the agency head may, under section 608, waive or delay the completion of some or all of the requirements of sections 603 and 604, respectively.
(2)National securityAn agency head may, for national security reasons, or to protect from disclosure classified information, confidential commercial information, or information the disclosure of which may adversely affect a law enforcement effort, waive or delay the completion of some or all of the following requirements:
(A)The requirement of subsection (a)(1) to make an assessment available for public comment, provided that such assessment is made available, in classified form, to the Committees on the Judiciary of the House of Representatives and the Senate, in lieu of making such assessment available to the public.
(B)The requirement of subsection (a)(1) to have an assessment or summary thereof published in the Federal Register, provided that such assessment or summary is made available, in classified form, to the Committees on the Judiciary of the House of Representatives and the Senate, in lieu of publishing such assessment or summary in the Federal Register.
(C)The requirements of subsection (b)(3), provided that the final privacy impact assessment is made available, in classified form, to the Committees on the Judiciary of the House of Representatives and the Senate, in lieu of making such assessment available to the public and publishing such assessment in the Federal Register.
(d)Procedures for gathering commentsWhen any rule is promulgated which may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals, the head of the agency promulgating the rule or the official of the agency with statutory responsibility for the promulgation of the rule shall assure that individuals have been given an opportunity to participate in the rulemaking for the rule through techniques such as—
(1)the inclusion in an advance notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals;
(2)the publication of a general notice of proposed rulemaking in publications of national circulation likely to be obtained by individuals;
(3)the direct notification of interested individuals;
(4)the conduct of open conferences or public hearings concerning the rule for individuals, including soliciting and receiving comments over computer networks; and
(5)the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by individuals.
(e)Periodic review of rules
(1)In generalEach agency shall carry out a periodic review of the rules promulgated by the agency that have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals. Under such periodic review, the agency shall determine, for each such rule, whether the rule can be amended or rescinded in a manner that minimizes any such impact while remaining in accordance with applicable statutes. For each such determination, the agency shall consider the following factors:
(A)The continued need for the rule.
(B)The nature of complaints or comments received from the public concerning the rule.
(C)The complexity of the rule.
(D)The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules.
(E)The length of time since the rule was last reviewed under this subsection.
(F)The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the rule was last reviewed under this subsection.
(2)Plan requiredEach agency shall carry out the periodic review required by paragraph (1) in accordance with a plan published by such agency in the Federal Register. Each such plan shall provide for the review under this subsection of each rule promulgated by the agency not later than 10 years after the date on which such rule was published as the final rule and, thereafter, not later than 10 years after the date on which such rule was last reviewed under this subsection. The agency may amend such plan at any time by publishing the revision in the Federal Register.
(3)Annual publicationEach year, each agency shall publish in the Federal Register a list of the rules to be reviewed by such agency under this subsection during the following year. The list shall include a brief description of each such rule and the need for and legal basis of such rule and shall invite public comment upon the determination to be made under this subsection with respect to such rule.
(f)Judicial review
(1)In generalFor any rule subject to this section, an individual who is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b).
(2)JurisdictionEach court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b).
(3)Limitations
(A)An individual may seek such review during the period beginning on the date of final agency action and ending 1 year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of 1 year, such lesser period shall apply to an action for judicial review under this subsection.
(B)In the case where an agency delays the issuance of a final privacy impact assessment pursuant to subsection (c), an action for judicial review under this section shall be filed not later than—
(i)1 year after the date the assessment is made available to the public; or
(ii)where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the assessment is made available to the public.
(4)ReliefIn granting any relief in an action under this subsection, the court shall order the agency to take corrective action consistent with this section and chapter 7, including, but not limited to—
(A)remanding the rule to the agency; and
(B)deferring the enforcement of the rule against individuals, unless the court finds that continued enforcement of the rule is in the public interest.
(5)Rule of constructionNothing in this subsection shall be construed to limit the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the requirements of this subsection.
(6)Record of agency actionIn an action for the judicial review of a rule, the privacy impact assessment for such rule, including an assessment prepared or corrected pursuant to paragraph (4), shall constitute part of the entire record of agency action in connection with such review.
(7)ExclusivityCompliance or noncompliance by an agency with the provisions of this section shall be subject to judicial review only in accordance with this subsection.
(8)Savings clauseNothing in this subsection bars judicial review of any other impact statement or similar assessment required by any other law if judicial review of such statement or assessment is otherwise permitted by law.
(g)DefinitionFor purposes of this section, the term personally identifiable information means information that can be used to identify an individual, including such individual’s name, address, telephone number, photograph, social security number or other identifying information. It includes information about such individual’s medical or financial condition..
(b)Periodic review transition provisions
(1)Initial planFor each agency, the plan required by subsection (e) of section 553a of title 5, United States Code (as added by subsection (a)), shall be published not later than 180 days after the date of the enactment of this Act.
(2)Review periodIn the case of a rule promulgated by an agency before the date of the enactment of this Act, such plan shall provide for the periodic review of such rule before the expiration of the 10-year period beginning on the date of the enactment of this Act. For any such rule, the head of the agency may provide for a 1-year extension of such period if the head of the agency, before the expiration of the period, certifies in a statement published in the Federal Register that reviewing such rule before the expiration of the period is not feasible. The head of the agency may provide for additional 1-year extensions of the period pursuant to the preceding sentence, but in no event may the period exceed 15 years.
(c)Congressional reviewSection 801(a)(1)(B) of title 5, United States Code, is amended—
(1)by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(2)by inserting after clause (ii) the following new clause:

(iii)the agency’s actions relevant to section 553a;.
(d)Clerical amendmentThe table of sections at the beginning of chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 553 the following new item:

553a. Privacy impact assessment in rulemaking..

September 25, 2006
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


114 HR 222 IH: To prohibit the Export-Import Bank of the United States from providing financial support for certain high carbon intensity energy projects.
U.S. House of Representatives
2015-01-08
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
		114th CONGRESS
		1st Session
		H. R. 222
		IN THE HOUSE OF REPRESENTATIVES

			January 8, 2015
			Mr. Huffman introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To prohibit the Export-Import Bank of the United States from providing financial support for
			 certain high carbon intensity energy projects.

 1.Prohibition on Export-Import Bank support for certain high carbon intensity energy projectsSection 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at the end the following:

				(14)Prohibition on support for certain high carbon intensity energy projects
 (A)In generalThe Bank shall not guarantee, insure, extend credit, or participate in the extension of credit in connection with the purchase or sale of any good or service for a high carbon intensity project.
 (B)High carbon intensity project definedIn subparagraph (A), the term high carbon intensity project means a project that— (i)is designed to generate electricity; and
 (ii)if completed, would produce at least 500 grams of carbon dioxide per kilowatt-hour of electricity generated by the project..


110 HR 1218 IH: Pharmaceutical Market Access Act of 2007
U.S. House of Representatives
2007-02-27
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
110th CONGRESS 1st Session
H. R. 1218
IN THE HOUSE OF REPRESENTATIVES

February 27, 2007
Mr. Wu introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 concerned

A BILL
To amend part D of title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to negotiate for lower prices for Medicare prescription drugs and to eliminate the gap in coverage of Medicare prescription drug benefits, to authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes.

1.Short titleThis Act may be cited as the Medicare Prescription Drug Improvement Act.
IImprovement of Medicare prescription drug benefits
101.Permitting the negotiation of fair prices for Medicare prescription drugs on behalf of Medicare beneficiariesSection 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i) (relating to noninterference) and inserting the following:

(i)Authority To negotiate prices with manufacturersIn order to ensure that beneficiaries enrolled under prescription drug plans, MA–PD plans, and qualified retiree prescription drug plans pay the lowest possible price, the Secretary shall have authority similar to that of the Secretary of Veterans Affairs, Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part..
102.Elimination of gap in coverage of prescription drug benefits
(a)In generalParagraph (3) of section 1860D–2(b) of the Social Security Act (42 U.S.C. 1395w–102(b)) is repealed.
(b)Conforming amendments
(1)Section 1860D–2 of such Act (42 U.S.C. 1395w–102) is amended—
(A)in subsection (a)(2)(A)(i)(I), by striking , or an increase in the initial coverage limit with respect to covered part D drugs;
(B)in subsection (b)(2)(A), by striking and up to the initial coverage limit under paragraph (3);
(C)in subsection (b)(4)(C)(i)—
(i)by striking the comma after paragraph (1) and inserting and; and
(ii)by striking , and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3);
(D)in subsection (c)(1), by striking subparagraph (C); and
(E)in subsection (d)(1)(A), by striking or an initial coverage limit (described in subsection (b)(3)).
(2)Section 1860D–4(a)(4)(B) of such Act (42 U.S.C. 1395w–104(a)(4)(B)) is amended to read as follows:

(B)when prescription drug benefits are provided under this part, a notice of the benefits in relation to the annual out-of-pocket threshold for the current year..
(3)
(A)Section 1860D–14(a) of such Act (42 U.S.C. 1395w–114(a)) is amended—
(i)in paragraph (1), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively;
(ii)in paragraph (2), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and
(iii)in paragraph (4)(A) in the matter preceding clause (i), by striking paragraph (1)(D)(ii) and inserting paragraph (1)(C)(ii).
(B)Section 1860D–14(c)(1) of such Act (42 U.S.C. 1395w–114(c)(1)) is amended in the second sentence by striking subsections (a)(1)(D) and (a)(2)(E) and inserting subsections (a)(1)(C) and (a)(2)(D).
(C)Section 1860D–15(e)(1)(B) of such Act (42 U.S.C. 1395w–115(e)(1)(B)) is amended by striking paragraphs (1)(D) and (2)(E) and inserting paragraphs (1)(C) and (2)(D).
(4)
(A)Section 1860D–41(a)(6) of such Act (42 U.S.C. 1395w–151(a)(6)) is amended by striking paragraph (6) and redesignating paragraphs (7) through (18) as paragraphs (6) through (17), respectively.
(B)Section 1860D–1(a)(1)(A) of such Act (42 U.S.C. 1395w–101(a)(1)(A)) is amended by striking 1860D–41(a)(14) and inserting 1860D–41(a)(13).
(c)Effective dateThe amendments made by this section shall apply to benefits for plan years beginning after the date of the enactment of this Act.
IIImportation of prescription drugs
201.Short titleThis title may be cited as the Pharmaceutical Market Access Act of 2007.
202.Importation of prescription drugs
(a)Nullification of certain amendments made by Public Law 108–173The Federal Food, Drug, and Cosmetic Act is amended—
(1)in section 804 (21 U.S.C. 384), by amending the section to read as if section 1121(a) of Public Law 108–173 had not been enacted;
(2)in section 301 (21 U.S.C. 331), by amending the section to read as if section 1121(b)(1) of Public Law 108–173 had not been enacted; and
(3)in section 303 (21 U.S.C. 333), by amending the section to read as if section 1121(b)(2) of Public Law 108–173 had not been enacted.
(b)Importation of prescription drugsSection 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384), as amended by subsection (a)(1) of this section, is amended—
(1)in subsection (a)—
(A)by striking The Secretary and inserting Not later than 180 days after the date of the enactment of the Pharmaceutical Market Access Act of 2007, the Secretary; and
(B)by striking pharmacists and wholesalers and inserting pharmacists, wholesalers, and qualifying individuals;
(2)in subsection (b)—
(A)by amending paragraph (1) to read as follows:

(1)require that each covered product imported pursuant to such subsection complies with sections 501, 502, and 505, and other applicable requirements of this Act; and;
(B)in paragraph (2), by striking , including subsection (d); and and inserting a period; and
(C)by striking paragraph (3);
(3)in subsection (c), by inserting by pharmacists and wholesalers (but not qualifying individuals) after importation of covered products;
(4)in subsection (d)—
(A)by striking paragraphs (3) and (10);
(B)in paragraph (5), by striking , including the professional license number of the importer, if any;
(C)in paragraph (6)—
(i)in subparagraph (C), by inserting (if required under subsection (e)) before the period;
(ii)in subparagraph (D), by inserting (if required under subsection (e)) before the period; and
(iii)in subparagraph (E), by striking labeling;
(D)in paragraph (7)—
(i)in subparagraph (A), by inserting (if required under subsection (e)) before the period; and
(ii)by amending subparagraph (B) to read as follows:

(B)Certification from the importer or manufacturer of such product that the product meets all requirements of this Act.; and
(E)by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively;
(5)by amending subsection (e) to read as follows:

(e)Testing
(1)In generalSubject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505C for counterfeit-resistant technologies.
(2)ExceptionThe testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler.;
(6)in subsection (f), by striking or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health;
(7)in subsection (g)—
(A)by striking counterfeit or; and
(B)by striking and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a);
(8)in subsection (i)(1)—
(A)by amending subparagraph (A) to read as follows:

(A)In generalThe Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In conducting such study, the Secretary or entity shall evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments pursuant to such subsection, if any, that have been determined to be misbranded or adulterated, and determine how such compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated.; and
(B)in subparagraph (B), by striking Not later than 2 years after the effective date of final regulations under subsection (a), and inserting Not later than 18 months after the date of the enactment of the Pharmaceutical Market Access Act of 2007,;
(9)in subsection (k)(2)—
(A)by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(B)by inserting after subparagraph (C) the following:

(D)The term qualifying individual means an individual who is not a pharmacist or a wholesaler.; and
(10)by striking subsections (l) and (m).
203.Use of Counterfeit-Resistant technologies to prevent counterfeiting
(a)MisbrandingSection 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352; deeming drugs and devices to be misbranded) is amended by adding at the end the following:

(y)If it is a drug subject to section 503(b), unless the packaging of such drug complies with the requirements of section 505C for counterfeit-resistant technologies..
(b)RequirementsTitle V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505B the following:

505C.Counterfeit-resistant technologies
(a)Incorporation of counterfeit-resistant technologies into prescription drug packagingThe Secretary shall require that the packaging of any drug subject to section 503(b) incorporate—
(1)overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or
(2)technologies that have an equivalent function of security, as determined by the Secretary.
(b)Eligible technologiesTechnologies described in this subsection—
(1)shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners;
(2)shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency;
(3)shall be manufactured and distributed in a highly secure, tightly controlled environment; and
(4)should incorporate additional layers of non-visible covert security features up to and including forensic capability.
(c)Standards for packaging
(1)Multiple elementsFor the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes.
(2)Labeling of shipping containerShipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels..


116 S2391 IS: Stock Buyback Reform and Worker Dividend Act of 2019
U.S. Senate
2019-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2391
		IN THE SENATE OF THE UNITED STATES

			July 31, 2019
			Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

		A BILL
		To amend the Securities Exchange Act of 1934 to impose requirements relating to the purchase of
			 certain equity securities by issuers, and for other purposes.

		1.Short title
 This Act may be cited as the Stock Buyback Reform and Worker Dividend Act of 2019.
		2.Findings
 Congress finds the following: (1)Over the last several decades—
 (A)the volume and value of stock buybacks have increased significantly, with particularly large increases occurring in the 15 years preceding the date of enactment of this Act; and
 (B)the wealth gap in the United States has widened drastically, as corporate profits and executive compensation have skyrocketed, but, for workers, salaries and wages have barely increased and purchasing power has remained the same.
 (2)Between 2004 and 2013, some of the largest companies in the United States spent at least 100 percent of their net income on stock buybacks and, between 2010 and 2017, companies in the United States spent more than $3,000,000,000,000 on those buybacks. After the enactment of changes to the tax laws of the United States in December 2017, companies in the United States further increased stock buyback activity.
 (3)In 2018— (A)companies listed in the S&P 500 index spent $806,400,000,000 purchasing their own stock, an amount that is 55 percent higher than in 2017 and 36 percent higher than in 2007, the year that—
 (i)had previously held the record for the largest total buyback amount; and (ii)marked the beginning of the most significant financial crisis since the Great Depression; and
 (B)companies spent more money on stock buybacks than on debt payments, capital expenditures, research and development, or dividends.
 (4)Stock buybacks benefit large shareholders and corporate executives, the pay packages of whom include significant stock compensation. Those buybacks can also increase the earnings per share for a company and nearly 1/2 of the companies listed in the S&P 500 index link executive compensation to earnings per share.
 (5)Compared to the typical worker, the compensation for a chief executive officer (referred to in this paragraph as a CEO) has increased significantly. In 1989, the ratio of CEO-to-worker compensation was 58 to 1, but, in 2017, that ratio was 312 to 1. Over roughly the same period of time, the wealth gap in the United States has widened considerably. Between 1989 and 2016, the share of wealth in the United States held by the top 1 percent of individuals in the United States with respect to annual income increased from just below 30 percent to nearly 39 percent, while the share of wealth held by the bottom 90 percent of individuals in the United States with respect to annual income dropped from slightly more than 33 percent to less than 23 percent.
 (6)Since 2000, corporate profits, as a percentage of total income in the United States, have increased by nearly 5 percentage points while workers’ salaries, as a percentage of that total income, have decreased by 4 percentage points.
 (7)The economic strength of the United States is undermined by the wealth gap described in this section. According to the Organisation for Economic Co-operation and Development, increasing income inequality in the United States between 1990 and 2010 reduced the per capita gross domestic product of the United States by approximately 5 percentage points.
 (8)Left unaddressed, the patterns of corporate excess and growing wealth inequality described in this section will worsen and workers will continue to contribute to corporate profits without sharing in those profits.
			3.Repurchase of common stock
 (a)Repeal of safe harborSection 240.10b–18 of title 17, Code of Federal Regulations, shall have no force or effect. (b)Disclosure and other requirementsThe Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 9 (15 U.S.C. 78i) the following:

					9A.Issuer common stock repurchases
						(a)Definitions
 (1)In generalExcept as provided in paragraph (2), in this section, the definitions of terms in section 240.10b–18(a) of title 17, Code of Federal Regulations, as in effect on the day before the date of enactment of this section, shall apply to any such term that appears in this section.
 (2)Covered purchaseThe term covered purchase— (A)means a purchase (or any bid or limit order that would effect such purchase) of the common stock of an issuer (or an equivalent interest, including a unit of beneficial interest in a trust or limited partnership or a depository share) by or for the issuer or any affiliated purchaser (including riskless principal transactions);
 (B)includes a purchase described in subparagraph (A) that is effected during a transaction described in subparagraph (C)(iv) in which the consideration is solely cash and there is no valuation period; and
 (C)does not include a purchase described in subparagraph (A) that is effected— (i)during the applicable restricted period of a distribution that is subject to section 242.102 of title 17, Code of Federal Regulations, or any successor regulation;
 (ii)by or for an issuer plan by an agent independent of the issuer; (iii)as a fractional share purchase (a fractional interest in a security) evidenced by a script certificate, order form, or similar document;
 (iv)during the period from the time of public announcement, as defined in section 230.165(f) of title 17, Code of Federal Regulations, or any successor regulation, of a merger, acquisition, or similar transaction involving a recapitalization, until the earlier of the completion of that transaction or the completion of the vote by target shareholders;
 (v)pursuant to section 240.13e–1 of title 17, Code of Federal Regulations, or any successor regulation;
 (vi)pursuant to a tender offer that is subject to or specifically excepted from section 240.13e–4 of title 17, Code of Regulations, or any successor regulation; or
 (vii)pursuant to a tender offer that is subject to section 14(d), and any rules or regulations prescribed by the Commission relating to that section.
									(b)Requirement
 (1)In generalExcept as provided in paragraph (2), it shall be unlawful as a fraudulent, deceptive, or manipulative act or practice under section 9(a)(2) or 10(b) of this Act or section 240.10b–5 of title 17, Code of Federal Regulations, or any successor regulation, for an issuer or affiliated purchaser of the issuer to effect a repurchase of the common stock of the issuer unless the issuer or affiliated purchaser, as applicable, complies with the requirements under this section.
 (2)ExceptionsParagraph (1) shall not apply— (A)to an issuer or affiliated purchaser of an issuer if—
 (i)a violation of the requirements under this section occurred solely by reason of the conduct of a broker, dealer, or other person acting for the issuer or affiliated purchaser;
 (ii)the issuer or affiliated purchaser did not know or have reason to know that the broker, dealer, or other person was engaging or would engage in that conduct; and
 (iii)the issuer or affiliated purchaser had taken reasonable steps to ensure that the broker, dealer, or other person would comply with the requirements under this section; or
 (B)to a broker, dealer, or other person acting for an issuer or affiliated purchaser of the issuer if— (i)a violation of the requirements under this section occurred solely by reason of the conduct of the issuer or affiliated purchaser; and
 (ii)the broker, dealer, or other person did not know or have reason to know that the issuer or affiliated purchaser was engaging or would engage in conduct that would violate the requirements under this section.
									(c)Disclosure
 (1)In generalAny issuer or affiliated purchaser of the issuer that seeks to effect a plan or program to repurchase common stock of the issuer shall, on or before the date on which the issuer or affiliated purchaser begins repurchasing common stock under the plan or program, disclose to the Commission on a Form 8–K a filing that includes—
 (A)the economic rationale, long-term benefits, and reason for the repurchase; (B)the minimum and maximum number (if any) of shares of common stock to be repurchased, and the dollar value to be spent, under the plan or program;
 (C)the manner and method of repurchase, including any price guidelines or limitations, or contractual plan or arrangement;
 (D)the intended disposition or treatment of the repurchased common stock; (E)whether any executive officer of the issuer or affiliated purchaser is purchasing common stock during the pendency of the repurchase;
 (F)whether any executive officer of the issuer or affiliated purchaser is permitted, or intends, to sell common stock during the pendency of the repurchase;
 (G)a summary of any communications between the issuer and any holders of common stock of the issuer regarding the scope and implementation of the plan or program; and
 (H)the source of funds for the repurchase, specifying if any debt will be incurred by the issuer or affiliated purchaser.
								(2)Weekly disclosure
 (A)In generalIn addition to the requirement under paragraph (1), each issuer that effects a repurchase of common stock of the issuer in any calendar week shall, not later than the last business day of the following week, file with the Commission a public disclosure filing (in such form and manner as the Commission shall, by rule, establish) that identifies—
 (i)the number of shares of common stock of the issuer that the issuer repurchased;
 (ii)the average price paid per share during the week covered by the filing; and (iii)the identity of any broker-dealer that effected the purchase during the week covered by the filing.
 (B)No repurchaseAn issuer shall not be required to submit a filing under subparagraph (A) with respect to any calendar week in which the issuer does not repurchase the common stock of the issuer.
 (3)DefinitionIn this subsection, the term executive officer has the meaning given the term in section 240.3b–7 of title 17, Code of Federal Regulations, as in effect on the day before the date of enactment of this section.
							(d)Purchasing requirements
							(1)One broker or dealer
 (A)In generalExcept as provided in subparagraph (B) and paragraph (2)(B)(ii), a covered purchase shall be effected from or through only 1 broker or dealer on any single day.
 (B)ExceptionSubparagraph (A) shall not apply to a covered purchase that is not solicited by or on behalf of an issuer or an affiliated purchaser of the issuer.
 (C)Same broker or dealerIf a covered purchase is effected by or on behalf of not less than 1 affiliated purchaser of an issuer (or the issuer and not less than 1 of the affiliated purchasers of the issuer) on a single day, the issuer and all affiliated purchasers shall use the same broker or dealer.
 (D)Limited access to liquidityIf a covered purchase is effected on behalf of an issuer by a broker-dealer that is not an electronic communication network or other alternative trading system, that broker-dealer can access electronic communication network or other alternative trading system liquidity in order to execute a repurchase of common stock on behalf of the issuer or any affiliated purchaser of the issuer on that day.
								(2)Time of purchases
 (A)In generalA covered purchase effected by an issuer or an affiliated purchaser of an issuer shall not be—
 (i)the opening (regular way) purchase reported in the consolidated system; (ii)except as provided in subparagraph (B), effected during the 10 minutes before the scheduled close of the primary trading session in the principal market for the security, and the 10 minutes before the scheduled close of the primary trading session in the market where the purchase is effected, for a security that has an average daily trading volume reported for that security during the 4 calendar weeks preceding the week in which the purchase is to be effected of not less than $1,000,000 and a public float value of not less than $150,000,000; or
 (iii)effected during the 30 minutes before the scheduled close of the primary trading session in the principal market for the security, and the 30 minutes before the scheduled close of the primary trading session in the market where the purchase is effected, for all other securities.
									(B)Purchase following close of primary trading session
 (i)In generalA covered purchase may be effected following the close of the primary trading session until the termination of the period in which last sale prices are reported in the consolidated system if—
 (I)the covered purchase is effected at a price that does not exceed the lower of— (aa)the closing price of the primary trading session in the principal market for the security; or
 (bb)any lower bids or sale prices subsequently reported in the consolidated system; and (II)all other applicable requirements under this section are met.
 (ii)Different brokers and dealersAn issuer or an affiliated purchaser of an issuer may use 1 broker or dealer to effect a covered purchase during the period described in clause (i) that is different from the broker or dealer that the issuer or affiliated purchaser used during the primary trading session.
 (iii)LimitationA covered purchase effected during the period described in clause (i) may be not be the opening transaction of the session following the close of the primary trading session.
 (3)Price of purchasesAny covered purchase shall be effected at a purchase price that— (A)does not exceed the highest independent bid or the last independent transaction price, whichever is higher, quoted or reported in the consolidated system at the time the covered purchase is effected;
 (B)for securities for which bids and transaction prices are not quoted or reported in the consolidated system, does not exceed the highest independent bid or the last independent transaction price, whichever is higher, displayed and disseminated on any national securities exchange or on any interdealer quotation system, as defined in section 240.15c2–11 of title 17, Code of Federal Regulations (or any successor regulation), that displays not less than 2 priced quotations for the security, at the time the covered purchase is effected; and
 (C)for any other security not described in subparagraph (B), is not higher than the highest independent bid obtained from 3 independent dealers.
								(4)Volume of purchases
 The total volume of covered purchases effected by or for an issuer and any affiliated purchaser of the issuer on any single day shall not exceed 15 percent of the average daily trading volume reported for that security during the 4 calendar weeks preceding the week in which the covered purchase is to be effected.
 (5)Alternative conditionsThe conditions of paragraphs (1) through (4) shall apply in connection with a covered purchase effected during a trading session following the imposition of a market-wide trading suspension, except that—
 (A)the time of covered purchases condition under paragraph (2) shall not apply either— (i)from the reopening of trading until the scheduled close of trading on the date on which that suspension is imposed; or
 (ii)at the opening of trading on the next trading day until the scheduled close of trading that day, if a market-wide trading suspension was in effect at the close of trading on the preceding day; and
 (B)the volume of covered purchases condition under paragraph (4) shall be modified so that the amount of covered purchases may not exceed 100 percent of the average daily trading volume for that security.
								(e)Prohibition on sales by executive officers
 (1)In generalExcept as provided in paragraph (2), upon the announcement by an issuer of the initiation, continuation, or increase in size of a repurchase plan for the common stock of the issuer, an executive officer of the issuer may not sell shares of the common stock of the issuer during the 7-day period beginning on the date of the announcement.
 (2)ExceptionAn executive officer of an issuer may sell shares of the common stock of the issuer during the 7-day period described in paragraph (1) if the sale of the shares involves a sale of common stock that satisfies the conditions under section 240.10b5–1(c) of title 17, Code of Federal Regulations, or any successor regulation.
 (f)Additional regulationThe Commission may, by rule, establish further disclosures, conditions, or requirements to increase the information provided by issuers with respect to repurchases of common stock..
 (c)Form 8–KNot later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission (referred to in this section as the Commission) shall revise the form described in section 249.308 of title 17, Code of Federal Regulations, or any successor regulation (commonly known as Form 8–K), to require the disclosure of the information described in section 9A(c) of the Securities Exchange Act of 1934, as added by subsection (b).
 (d)StudyNot later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress—
 (1)the results of a study conducted by the Commission regarding the impact of this section, and the amendments made by this section, on thinly traded securities; and
 (2)recommendations regarding any changes to paragraph (4) of section 9A(d) of the Securities Exchange Act of 1934, as added by subsection (b) of this section, that the Commission determines to be necessary.
				4.Worker dividend
 (a)DefinitionsIn this section— (1)the term Commission means the Securities and Exchange Commission;
 (2)the term covered issuer— (A)means an issuer, a class of equity securities of which is registered pursuant to section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l); and
 (B)includes a consolidated subsidiary of an issuer described in subparagraph (A); (3)the term eligible worker, with respect to a covered issuer, means a worker with respect to the covered issuer who, in a fiscal year—
 (A)performs services for the covered issuer for not fewer than 30 days;
 (B)as part of carrying out a contract described in paragraph (10)(A)(iv)(I)(cc), performs services or provides goods pursuant to that contract for not fewer than 30 days; or
 (C)performs services for an employer described in paragraph (10)(A)(v) for not fewer than 30 days; (4)the terms employ, employee, employer, and goods have the meanings given those terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203);
 (5)the terms exchange and issuer have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a));
 (6)the term executive officer, with respect to a covered issuer, means— (A)the president of the covered issuer;
 (B)any vice president of the covered issuer who is in charge of a principal business unit, division, or function of the covered issuer, such as sales, administration, or finance;
 (C)any other officer of the covered issuer who performs a policymaking function for the covered issuer; and
 (D)any other individual who performs a similar policymaking function to that described in subparagraph (C);
 (7)the term Form 10–K means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation;
 (8)the term Form 10–Q means the form described in section 249.308a of title 17, Code of Federal Regulations, or any successor regulation;
 (9)the terms franchisee and franchisor have the meanings given those terms in section 436.1 of title 16, Code of Federal Regulations, as in effect on the date of enactment of this Act; and
 (10)the term worker— (A)means, with respect to a covered issuer—
 (i)an employee who is employed by the covered issuer; (ii)an individual, other than an employee described in clause (i), who is engaged by the covered issuer to perform services, including by working as an independent contractor, without regard to—
 (I)the label or classification assigned to the individual, or used to refer to the individual, by the covered issuer; and
 (II)whether the individual has established, and is the sole owner of, a single-member limited liability company;
 (iii)an employee who is— (I)employed by an employer—
 (aa)other than the covered issuer; and (bb)that is privately held; and
 (II)supplied by the employer described in subclause (I) to perform services for the covered issuer;
 (iv)an employee who— (I)is employed by an employer—
 (aa)other than the covered issuer; (bb)that is privately held; and
 (cc)with which the covered issuer enters into a contract, under which that employer performs services for, or provides goods to, the covered issuer; and
 (II)performs services or provides goods pursuant to the contract described in subclause (I)(cc); and (v)an employee who is employed by an employer—
 (I)other than the covered issuer; (II)that is privately held; and
 (III)that has a relationship or arrangement with the covered issuer such that the employer is a franchisee and the covered issuer is a franchisor; and
 (B)does not include an executive officer of a covered issuer. (b)Requirements (1)Calculation of worker dividendFor the purposes of the requirements of this section, for a fiscal year (referred to in this section as the covered year), the payment described in paragraph (3)(A) shall be calculated as follows:
 (A)Adding the following amounts: (i)In that covered year, the total amount spent by the covered issuer on the purchase of common stock (or an equivalent interest, including a unit of beneficial interest in a trust or limited partnership or a depository share) of the covered issuer, without regard to the means or method used by the covered issuer to effect that purchase.
 (ii)The total amount of any increase in ordinary dividends declared and paid by the covered issuer in the covered year with respect to the common stock of the covered issuer, as compared with that amount in the fiscal year preceding the covered year.
 (iii)The total amount spent by the covered issuer in the covered year on special or 1-time dividends with respect to the common stock of the covered issuer.
 (B)Dividing the sum obtained under subparagraph (A) by 1,000,000. (2)ReportingEach covered issuer shall—
 (A)in each Form 10–K submitted by the covered issuer, disclose, with respect to the covered year to which the submission applies—
 (i)each component of the calculation described in paragraph (1), and the total amount of that calculation, if that calculation results in an amount that is greater than zero; and
 (ii)the number of eligible workers with respect to the covered issuer, which the covered issuer shall identify by type of worker and employer; and
						(B)
 not later than 30 days after the last day of a covered year, provide to each worker with respect to the covered issuer a document, in physical or electronic form, that discloses the number of hours that the worker worked during the covered year.
					(3)Payment and verification
 (A)In generalNot later than the last day of the first fiscal quarter that begins after the end of a covered year, if the calculation under paragraph (1) with respect to that covered year results in an amount that is greater than zero, each covered issuer shall issue to each eligible worker with respect to the covered issuer for that covered year a cash payment as follows:
 (i)An eligible worker who was employed, or otherwise engaged, to perform services for the covered issuer, perform services or provide goods pursuant to a contract described in subsection (a)(10)(A)(iv)(I)(cc), or perform services for an employer described in subsection (a)(10)(A)(v) for fewer than 520 hours during the covered year shall receive 25 percent of the amount calculated under paragraph (1).
 (ii)An eligible worker who was employed, or otherwise engaged, to perform services for the covered issuer, perform services or provide goods pursuant to a contract described in subsection (a)(10)(A)(iv)(I)(cc), or perform services for an employer described in subsection (a)(10)(A)(v) for not fewer than 520 hours and fewer than 1,040 hours during the covered year shall receive 50 percent of the amount calculated under paragraph (1).
 (iii)An eligible worker who was employed, or otherwise engaged, to perform services for the covered issuer, perform services or provide goods pursuant to a contract described in subsection (a)(10)(A)(iv)(I)(cc), or perform services for an employer described in subsection (a)(10)(A)(v) for not fewer than 1,040 hours and fewer than 1,560 hours during the covered year shall receive 75 percent of the amount calculated under paragraph (1).
 (iv)An eligible worker who was employed, or otherwise engaged, to perform services for the covered issuer, perform services or provide goods pursuant to a contract described in subsection (a)(10)(A)(iv)(I)(cc), or perform services for an employer described in subsection (a)(10)(A)(v) for not fewer than 1,560 hours during the covered year shall receive 100 percent of the amount calculated under paragraph (1).
 (B)Form 10–QEach covered issuer that is required to issue payments under subparagraph (A) with respect to a covered year shall certify, in the first Form 10–Q submitted by the covered issuer after the date on which the covered issuer is required to make the payments, that the covered issuer made the payments.
 (C)Inability to make paymentsIf a covered issuer is required to issue a payment under subparagraph (A) and is unable to issue the payment because the individual to whom the payment relates is, as of the date on which the payment is due, no longer a worker with respect to the covered issuer, the covered issuer shall—
 (i)in a manner that the Commission shall, by rule, establish, deposit in an escrow account the amount of the required payment; and
 (ii)in the submission under subparagraph (B) to which the payment relates, describe the efforts of the covered issuer to issue the payment.
 (c)EnforcementWith respect to a covered issuer that is required to issue the payments described in subsection (b)(3)(A) and fails to issue those payments—
 (1)the covered issuer— (A)for the 5-year period beginning on the date on which the covered issuer was required to issue the payments, may not make a purchase to which section 9A of the Securities Exchange Act of 1934, as added by section 3(b) of this Act, applies, except to account for common stock that is issuable under an employee stock or option award in any such year; and
 (B)for each of the first 5 fiscal years after the covered year with respect to which the covered issuer was required to issue the payments, shall issue those payments in the amount required with respect to the covered year; and
 (2)the Commission may, in accordance with applicable laws and regulations, bring an enforcement action against the covered issuer.
				(d)Protections for workers
 (1)ProhibitionNo covered issuer may discharge or in any manner discriminate against any worker with respect to the covered issuer with respect to the compensation, terms, conditions, or other privileges of employment of the worker because the worker is eligible to receive a payment from the covered issuer under subsection (b)(3)(A).
				(2)Private right of action
 (A)In generalAny covered issuer that fails to issue a payment to a worker with respect to the covered issuer that is required under subsection (b)(3)(A) shall be liable to that worker in the amount of that payment and in an additional amount as liquidated damages.
 (B)JurisdictionAn action to recover the liability described in subparagraph (A) may be maintained against a covered issuer described in that subparagraph in any Federal or State court of competent jurisdiction by any 1 or more workers described in that subparagraph for and on behalf of that worker or workers and other workers similarly situated, except that no worker shall be a party plaintiff to any such action unless the worker gives consent to become such a party and that consent is filed in the court in which the action is brought.
 (C)Attorney’s feesThe court in which an action is brought under subparagraph (B) shall, in addition to any judgment awarded to the plaintiff or plaintiffs in the action, allow a reasonable attorney’s fee to be paid by the defendant and the costs of the action.
 (D)ArbitrationNotwithstanding any other Federal or State law, rule, or regulation, any agreement to arbitrate any dispute involving a covered issuer and a worker with respect to the covered issuer shall not apply with respect to the right of the worker to bring an action under this paragraph.
					(e)Rules of construction
 (1)In generalNothing in this section may be construed to— (A)supersede any provision in any collective bargaining agreement to which a covered issuer is a party; or
 (B)prevent an individual from receiving multiple payments under subsection (b)(3)(A) for a covered year if the individual is an eligible worker with respect to more than 1 covered issuer in that covered year.
 (2)Other profit-sharing agreementsNo other profit-sharing agreement between a covered issuer and any worker with respect to the covered issuer, other than as specifically described in this section, may be construed to satisfy the requirements of this section.
				5.Commission requirements
 (a)DefinitionIn this section, the term Regulation S–K means part 229 of title 17, Code of Federal Regulations, or any successor regulations. (b)UpdatesNot later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall make any updates to Regulation S–K that are required as a result of this Act and the amendments made by this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 1490
		IN THE HOUSE OF REPRESENTATIVES

			March 12, 2009
			Mr. Moore of Kansas
			 (for himself, Ms. DeLauro,
			 Ms. Corrine Brown of Florida,
			 Mr. Holt, Ms. Shea-Porter, Mr.
			 Chandler, Ms. Baldwin,
			 Mr. Olver,
			 Ms. Kaptur,
			 Mr. Hinchey,
			 Mrs. Davis of California,
			 Ms. Schwartz,
			 Ms. Moore of Wisconsin,
			 Mr. Kennedy,
			 Ms. Kilpatrick of Michigan,
			 Mr. Meeks of New York,
			 Mr. Kucinich,
			 Mr. Conyers,
			 Mr. Sablan,
			 Mr. Payne, and
			 Mr. Carnahan) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor

		A BILL
		To establish a grant program to assist in the provision
		  of safety measures to protect social workers and other professionals who work
		  with at-risk populations.

		1.Short titleThis Act may be cited as the
			 Teri Zenner Social Worker Safety
			 Act.
		2.FindingsCongress finds the following:
			(1)According to the
			 Occupational Safety and Health Administration, some 2 million American workers
			 are victims of job-related violence each year.
			(2)On August 17, 2004, Teri Zenner, a social
			 worker and case manager with Johnson County Mental Health Center, was stabbed
			 and killed during a routine, in-home visit with a client.
			(3)Based on OSHA’s
			 most recently published Guidelines for Preventing Workplace Violence for
			 Health Care & Social Service Workers, 48 percent of all non-fatal
			 injuries from occupational assaults and violent acts occurred in the fields of
			 health care and social services.
			(4)A major study by the American Federation of
			 State, County, and Municipal Employees, found that 70 percent of front-line
			 child welfare workers had been victims of violence or threats in the line of
			 duty. A review of the 585 exit interviews found that 90 percent of former child
			 welfare workers experienced verbal threats, 30 percent experienced physical
			 attacks, and 13 percent had been threatened with weapons.
			(5)Based on 2000
			 Bureau of Labor Statistics findings, social service workers in the public
			 sector, including social workers and case workers, are approximately 7 times
			 more likely to be the victims of violent assaults while at work than are
			 workers in the private sector.
			(6)States such as
			 California, New Jersey, and Washington, and the National Association of Social
			 Workers, have all developed various safety programs with safety guidelines for
			 social workers and case workers to follow while in the course of their
			 employment.
			(7)Social workers and
			 case workers elevate service to others above self-interest, and draw on their
			 knowledge, values and skills to help people in need and to address social
			 problems. Job-related violence against social workers and case workers affects
			 these hard-working and dedicated individuals, their families, their clients,
			 and their communities throughout the United States.
			(8)There is a need to
			 increase public awareness and understanding of job-related violence in the
			 field of social services and to meet the needs of social workers and case
			 workers in preventing such violence. Although not every incident of job-related
			 violence can be prevented, many can, and the severity of injuries sustained by
			 social workers and case workers can be reduced.
			3.Social worker
			 safety grant program
			(a)Grants
			 authorizedThe Secretary of Health and Human Services (the
			 Secretary), through the Substance Abuse and Mental Health
			 Services Administration, is authorized to award grants to States to provide
			 safety measures to social workers and other professionals working with violent,
			 drug-using, or other at-risk populations.
			(b)Use of
			 fundsGrants awarded pursuant to subsection (a) may be used to
			 provide or support the following safety measures:
				(1)The procurement and installation of safety
			 equipment, including communications systems, such as GPS tracking devices and
			 GPS cell telephones to assist agencies in locating staff, and any technical
			 assistance and training for safety communications.
				(2)Training exercises
			 for self-defense and crisis management.
				(3)Facility safety
			 improvements.
				(4)The provision of
			 pepper spray for self-defense.
				(5)Training in
			 cultural competency, including linguistic training, and training on strategies
			 for de-escalating a situation that could turn volatile.
				(6)Training to help
			 workers who work with mentally ill community or that have behavioral problems
			 and need help coping.
				(7)Educational resources and materials to
			 train staff on safety and awareness measures.
				(8)Other activities
			 determined by the Secretary to be safety training.
				(c)Application
				(1)In
			 generalA State seeking a grant under subsection (a) shall submit
			 an application to the Secretary, at such time, in such manner, and accompanied
			 by such additional information as the Secretary may require.
				(2)ContentsEach
			 application submitted pursuant to paragraph (1) shall—
					(A)describe the type of agencies that will be
			 receiving funding from the grant and type of work done by such agencies;
					(B)describe the
			 specific activities for which assistance under this section is sought and
			 include a program budget; and
					(C)contain an
			 assurance that the applicant will evaluate the effectiveness of the safety
			 measure provided with funds received under the grant.
					(d)PriorityIn
			 awarding grants under subsection (a), the Secretary shall give priority to
			 those applicants that—
				(1)demonstrate the
			 greatest need based on documented incidents; and
				(2)seek to provide
			 assistance to multiple agencies.
				(e)Quality
			 assurance and cost-effectivenessThe Secretary shall establish
			 guidelines for assuring the cost-effectiveness and quality of the safety
			 measures funded under this section.
			(f)Technical
			 assistanceThe Secretary may provide technical assistance to
			 grant recipients with respect to planning, developing, and implementing safety
			 measures under the grant.
			(g)Report
			 requirementStates receiving
			 grants shall file with the Secretary, not later than 2 years after the receipt
			 of the grant, information that includes—
				(1)an assessment of
			 the activities funded in whole or in part with such grant;
				(2)the range and
			 scope of training opportunities, including numbers and percentage of social
			 workers engaged in the training programs funded in whole or in part by such
			 grant; and
				(3)the incidence of
			 threats to social workers, if any, and the strategies used to address their
			 safety.
				(h)Non-Federal
			 shareFor any State receiving
			 a grant under this section, the non-Federal share of any program to provide
			 safety measures shall be 50 percent.
			(i)Authorization of
			 AppropriationsThere is authorized to be appropriated to the
			 Secretary of Health and Human Services $5,000,000 for each of fiscal years 2010
			 through 2014 to carry out this Act.


		III
		109th CONGRESS
		2d Session
		S. RES. 484
		IN THE SENATE OF THE UNITED STATES

			May 18, 2006
			Mr. McConnell (for
			 himself, Mr. Brownback,
			 Mrs. Feinstein, Mr. Leahy, Mr.
			 Lautenberg, Mr. Frist,
			 Mr. Obama, Mr.
			 McCain, Mr. Lieberman, and
			 Mr. Reid) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Expressing the sense of the Senate
		  condemning the military junta in Burma for its recent campaign of terror
		  against ethnic minorities and calling on the United Nations Security Council to
		  adopt immediately a binding, non-punitive resolution on Burma.

		Whereas the regime in Burma, the State Peace and
			 Development Council (SPDC), reportedly threatened to abolish the pro-democracy
			 National League for Democracy;
		Whereas recent reports indicate that the SPDC escalated
			 its brutal campaign against ethnic groups in November 2005;
		Whereas reports indicate that the military operation has
			 resulted in approximately 13,000 new internally displaced persons in
			 Burma;
		Whereas reports estimate that approximately 540,000 people
			 are now internally displaced within Burma, the most serious internal
			 displacement crisis in Asia;
		Whereas the Thailand Burma Border Consortium reports that
			 the military junta in Burma has destroyed, relocated, or forced the abandonment
			 of approximately 2,800 villages in eastern Burma over the past 10 years;
		Whereas refugees continue to pour across Burma’s
			 borders;
		Whereas those forced to flee their homes in Burma are
			 increasingly vulnerable, and the humanitarian situation grows more dire as the
			 rainy season approaches;
		Whereas the United Nations Security Council was briefed on
			 the human rights situation in Burma for the first time ever in December
			 2005;
		Whereas United Nations Secretary-General Kofi Annan and
			 Under-Secretary-General for Political Affairs Ibrahim Gambari acknowledged the
			 seriousness of the problems in Burma, and the Secretary-General's office
			 suggested the first-ever course of action on Burma at the United Nations
			 Security Council at the December 2005 briefing;
		Whereas numerous efforts outside the United Nations
			 Security Council to secure reform in Burma, including 28 consecutive
			 non-binding resolutions of the United Nations General Assembly and United
			 Nations Commission on Human Rights, have failed to bring about change;
		Whereas there is ample precedent in the United Nations
			 Security Council for action on Burma; and
		Whereas Daw Aung San Suu Kyi remains the world’s only
			 incarcerated Nobel Peace Prize recipient: Now, therefore, be it

		That it is the sense of the
			 Senate—
			(1)to condemn the
			 military junta in Burma for its recent campaign of terror against ethnic
			 minorities;
			(2)to call on the
			 United States and other democracies to continue to work with the Association of
			 South East Asian Nations to promote democracy, human rights, and justice in
			 Burma; and
			(3)to call on the
			 United States to lead an effort at the United Nations Security Council to pass
			 immediately a binding, non-punitive resolution calling for the immediate and
			 unconditional release of Daw Aung San Suu Kyi and all other prisoners of
			 conscience in Burma, condemning these atrocities, and supporting democracy,
			 human rights, and justice in Burma.


115 HR 6613 IH: Funds In Legal Evaluation Act of 2018
U.S. House of Representatives
2018-07-26
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 CONGRESS2d SessionH. R. 6613IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. Norman (for himself, Mr. Biggs, and Mrs. Wagner) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title X of the Public Health Service Act to condition receipt of grants and contracts
			 under such title on compliance with abortion prohibition.

 1.Short titleThis Act may be cited as the Funds In Legal Evaluation Act of 2018 or the FILE Act. 2.Conditioning receipt of title X grants and contracts on compliance with abortion prohibitionSection 1006 of the Public Health Service Act (42 U.S.C. 300a–4) is amended by adding at the end the following new subsection:

				(e)
 (1)With respect to grants awarded and contracts entered into under this title for a fiscal year beginning on or after the date of the enactment of this subsection, such grant may be awarded or contract entered into only if the Secretary determines under paragraph (2) that the entity receiving such grant or contract did not use funds received under a grant or contract under this title during the previous two fiscal years in violation of section 1008.
 (2)For each entity seeking a grant or contract under this title for a fiscal year beginning on or after the date of the enactment of this subsection, the Secretary shall review the uses of funds, if any, awarded though grant or contract to such entity under this title for the previous two fiscal years and determine if such uses were in violation of section 1008..


		I
		112th CONGRESS
		2d Session
		H. R. 6523
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2012
			Mr. Sam Johnson of
			 Texas 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 require
		  that ITIN applicants submit their application in person at taxpayer assistance
		  centers, and for other purposes.

		1.Short titleThis Act may be cited as the
			 ITIN Reform Act of
			 2012.
		2.Requirements for the
			 issuance of ITINs
			(a)In
			 generalSection 6109 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the
			 following:

					(i)Special rules
				relating to the issuance of ITINs
						(1)In
				generalThe Secretary may issue an individual taxpayer
				identification number to an individual only if the requirements of paragraphs
				(2) and (3) are met.
						(2)In-person
				applicationThe requirements of this paragraph are met if, with
				respect to an application for an individual taxpayer identification
				number—
							(A)the applicant
				submits the application in person at a taxpayer assistance center of the
				Internal Revenue Service a Form W–7 (or any successor thereof), together with
				the required documentation, or
							(B)in the case of an applicant who resides
				outside of the United States, the applicant submits the application in person
				to an employee of the Internal Revenue Service or a designee of the Secretary
				at a United States diplomatic mission or consular post, together with the
				required documentation.
							(3)Initial on-site
				verification of documentationThe requirements of this paragraph
				are met if, with respect to each application, an employee of the Internal
				Revenue Service at the taxpayer assistance center, or the employee or designee
				described in paragraph (2)(B), as the case may be, conducts an initial
				verification of the documentation supporting the application submitted under
				paragraph (2).
						(4)Required
				documentationFor purposes of
				this subsection—
							(A)required
				documentation includes such documentation as the Secretary may require that
				proves the individual’s identity and foreign status, and
							(B)the Secretary may
				only accept original documents.
							(5)Exceptions
							(A)Military
				spousesParagraph (1) shall
				not apply to the spouse, or the dependents, without a social security number of
				a taxpayer who is a member of the Armed Forces of the United States.
							(B)Treaty
				benefitsParagraph (1) shall not apply to a nonresident alien
				applying for an individual taxpayer identification number for the purpose of
				claiming tax treaty benefits.
							(6)Term
							(A)In
				generalAn individual taxpayer identification number issued after
				the date of the enactment of this subsection shall be valid only for the 3-year
				period which includes the taxable year of the individual for which such number
				is issued and the 2 succeeding taxable years.
							(B)Continued
				validitySuch number shall be valid for each succeeding 3-year
				period if—
								(i)a
				return of the individual (or, if a dependent, on which the individual is
				included) is made for a taxable year in the preceding 3-year period, and
								(ii)each of the
				preceding 3-year periods beginning with the period in which such number was
				issued is a valid period under this paragraph.
								(C)Special rule for
				existing ITINsIn the case of an individual with an individual
				taxpayer identification number issued on or before the date of the enactment of
				this subsection, such number shall not be valid—
								(i)after the end of
				the 3-year period beginning on the date of the enactment of this subsection,
				and
								(ii)if a return of the individual (or, if a
				dependent, on which the individual is included) is not made for the first
				taxable year beginning after the date of the enactment of this
				subsection.
								.
			(b)InterestSection
			 6611 of such Code is amended by redesignating subsection (h) as subsection (i)
			 and by inserting after subsection (g) the following new subsection:

					(h)Special rule
				relating to ITINsNotwithstanding any other provision of this
				section, no interest shall be allowed or paid to or on behalf of a individual
				with respect to any overpayment until after 45 days after an individual
				taxpayer identification number is issued to the
				individual.
					.
			(c)Audit by
			 TIGTANot later than two years after the date of the enactment of
			 this Act, and every two years thereafter, the Treasury Inspector General for
			 Tax Administration shall conduct an audit of the program of the Internal
			 Revenue Service for the issuance of individual taxpayer identification numbers
			 pursuant to section 6109(i) of the Internal Revenue Code of 1986. The report
			 required by this subsection shall be submitted to the Congress.
			(d)Effective
			 date
				(1)Subsection
			 (a)The amendment made by
			 subsection (a) shall apply to requests for individual taxpayer identification
			 numbers made after the date of the enactment of this Act.
				(2)Subsection
			 (b)The amendment made by
			 subsection (b) shall apply to returns due, claims filed, and refunds paid after
			 the date of the enactment of this Act.