114 HR 1027 IH: Healthy Climate and Family Security Act of 2015
U.S. House of Representatives
2015-02-24
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. 1027
		IN THE HOUSE OF REPRESENTATIVES

			February 24, 2015
			Mr. Van Hollen (for himself, Mr. Beyer, Mr. Cartwright, Mr. Lowenthal, Mr. Connolly, Mr. Blumenauer, Ms. Norton, Mr. Grijalva, Mr. Welch, Mr. Rangel, Ms. Lofgren, Mr. Schiff, Mrs. Napolitano, Mr. Honda, Mr. Conyers, Ms. Lee, and Mr. DeSaulnier) 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 cap the emissions of greenhouse gases through a requirement to purchase carbon permits, to
			 distribute the proceeds of such purchases to eligible individuals, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Healthy Climate and Family Security Act of 2015. 2.FindingsThe Congress finds the following:
 (1)Carbon dioxide and other greenhouse gas emissions continue to rise. In 2013, CO2 levels in the atmosphere reached 400 parts per million for the first time in human history. Ten of the world’s warmest years on record have occurred since 2000, and 2014 was the warmest year ever recorded.
 (2)The warming of our planet has led to more frequent, dangerous and expensive extreme weather events, including heat waves, storms, fires, droughts, floods and tornadoes.
 (3)More than 97 percent of climate scientists agree that our planet is warming, primarily because of the extraction and burning of fossil fuels.
 (4)The atmosphere is a common resource that belongs equally to all. (5)Stabilizing the climate can and must be done in a way that supports vibrant economic growth and a thriving middle class.
 (6)Legislation to address climate change and accelerate the transition to a clean energy economy must be fair, transparent and built to last.
			3.Auction of carbon permits and distribution of Healthy Climate Dividends
 (a)In generalThe Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle:  LAuction of Carbon Permits and Distribution of Healthy Climate Dividends  Chapter 101. Cap and Dividend Program Rules. Chapter 102. Healthy Climate Dividends. Chapter 103. Border Adjustments. 101Cap and Dividend Program Rules  Sec. 9901. Definitions. Sec. 9902. Carbon permits. Sec. 9903. Auctions. Sec. 9904. Compliance obligation. Sec. 9905. Penalty for noncompliance. Sec. 9906. Carbon capture and sequestration. Sec. 9907. Trading. Sec. 9908. Banking and borrowing. 9901.DefinitionsFor purposes of this subtitle:
 (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency. (2)Carbon permitThe term carbon permit means a carbon permit established by the Secretary under section 9902(a).
 (3)Covered entityThe term covered entity means— (A)in the case of crude oil—
 (i)a refinery operating in the United States which is designed to serve the primary purpose of processing liquid fuel from crude oil, and
 (ii)any importer of any petroleum or petroleum product (not including crude oil) into the United States,
 (B)in the case of coal— (i)any coal mine operating in the United States, and
 (ii)any importer of coal into the United States, and (C)in the case of natural gas—
 (i)any person required to submit a report to the Energy Information Agency on Form 176 by reason of delivering natural gas to an end user, and
 (ii)any natural gas processor not described in clause (i) with respect to sales of natural gas in the United States.
 (4)Covered fuelThe term covered fuel means crude oil, natural gas, coal, or any other product derived therefrom for use as a combustible fuel offered for sale in United States markets.
 (5)Crude oilThe term crude oil includes crude oil condensates, natural gasoline, shale oil, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture, and any oil derived from kerogen-bearing sources.
 (6)Fair market valueThe term fair market value means the average auction price for carbon permits during the 4 quarters immediately preceding a failure to surrender, when required under section 9904, the required number of carbon permits under such section.
 (7)StateThe term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.
 (8)Vintage yearThe term vintage year means the calendar year for which a carbon permit is established under section 9902. 9902.Carbon permits (a)In generalThe Secretary, in consultation with the Administrator, shall establish a separate quantity of carbon permits for calendar year 2017 and each calendar year thereafter, as set forth under subsection (b).
								(b)Emissions reduction schedule
 (1)In generalThe quantity of carbon permits established by the Secretary, in consultation with the Administrator, under subsection (a) for any calendar year before 2050 that is between the nearest target years specified in paragraph (2) preceding and succeeding such calendar year shall be the quantity of such permits that represents an equal, pro rata reduction from the preceding year to the succeeding year.
									(2)Targets
 (A)Initial targetThe quantity of carbon permits established for 2017 shall be equal to 12.5 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005.
 (B)Decadal targetsThe quantity of carbon permits established for— (i)2020 shall be equal to 20 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005;
 (ii)2025 shall be equal to 30 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005;
 (iii)2030 shall be equal to 40 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005;
 (iv)2035 shall be equal to 50 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005;
 (v)2040 shall be equal to 60 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005;
 (vi)2045 shall be equal to 70 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005; and
 (vii)2050 shall be equal to 80 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005.
											(3)Reports
 (A)Calendar year 2048In 2048 the Secretary, after consultation with the Administrator, will submit a report to Congress making recommendations concerning the program established under this subtitle for years after 2050, including the quantity of carbon permits to be established and any reductions that may be necessary to ensure a healthy climate.
 (B)Averting catastrophic climatic impactThe Secretary shall report to Congress if the Secretary, after consultation with the Administrator, determines the emissions reductions targets under this subsection should be revised in order to avert catastrophic climate impacts. Such report shall include recommended revisions to the existing emissions reduction schedule and the basis for those recommendations.
 (c)Identification numbersThe Secretary shall assign to each carbon permit established under subsection (a) a unique identification number that includes the vintage year for that carbon permit.
								(d)Legal status of carbon permits
 (1)In generalA carbon permit does not constitute a property right. (2)Termination or limitationNothing in this subtitle or any other provision of law shall be construed to limit or alter the authority of the United States, including the Secretary acting pursuant to statutory authority, to terminate or limit a carbon permit.
 (3)Other provisions unaffectedNothing in this subtitle relating to carbon permits issued under this section shall affect the application of any other provision of law to a covered entity (including the Clean Air Act), or the responsibility for a covered entity to comply with any such provision of law. Regional and State greenhouse gas initiatives are not preempted by this subtitle.
 (e)RegulationsNot later than June 30, 2016, the Secretary shall promulgate regulations to carry out the provisions of this subtitle.
								9903.Auctions
 (a)Periodic auctionsThe Secretary shall conduct periodic public auctions of carbon permits established under section 9902(a). The Secretary shall conduct at least 4 such auctions in each year for which carbon permits are established.
 (b)Auction rulesThe Secretary shall— (1)limit auction participation only to covered entities;
 (2)establish a limit on the amount of carbon permits that can be purchased by a single entity at each auction and an aggregate limit on the total amount of permits that can be held by a single entity at any one time that—
 (A)reflects anticipated sector and participant demand; (B)prevents speculation, manipulation, or hoarding of permits; and
 (C)does not interfere with normal market competition; and (3)have the authority to set a minimum permit price at auction.
 (c)Unsold permitsAny carbon permit unsold at auction may be offered at the next quarterly auction in the calendar year. Any carbon permit unsold after the last auction for a calendar year shall be transferred to the reserve established under section 9908.
								9904.Compliance obligation
 (a)In generalNot later than April 1, 2018, and April 1 of each year thereafter, a covered entity shall surrender to the Secretary a quantity of carbon permits at least as great as the number of metric tons of carbon dioxide that the Secretary, in consultation with the Administrator, determines would be emitted by the combustion of covered fuels with respect to which the covered entity made the first sale in United States markets during the previous calendar year.
 (b)Use treated as saleFor purposes of subsection (a), consumption for an emitting use by the covered entity of covered fuels produced by the covered entity shall be treated as a first sale.
 (c)ExemptionA covered entity shall not have to surrender a carbon permit for the sale of a covered fuel consumed for a non-emitting use, as defined and verified by the Secretary in consultation with the Administrator, unless such covered fuel is sold to a person issued carbon permits under section 9906.
								9905.Penalty for noncompliance
 (a)In generalAny covered entity that fails for any year to surrender, by the deadline described in section 9904, one or more of the carbon permits due pursuant to such section shall be liable for payment to the Secretary of a penalty in the amount described in subsection (b).
 (b)AmountThe amount of a penalty required to be paid under subsection (a) shall be equal to the product obtained by multiplying—
 (1)the number of carbon permits that the covered entity failed to surrender by the deadline; by (2)3 times the fair market value of carbon permits issued for emissions occurring in the calendar year for which the carbon permits were due.
 (c)TimingA penalty required under this section shall be immediately due and payable to the Secretary, without demand, in accordance with regulations promulgated by the Secretary, which shall be issued not later than 1 year after the date of enactment of this subtitle.
 (d)No effect on liabilityA penalty due and payable by the covered entity under this section shall not diminish the liability of the covered entity for any fine, penalty, or assessment against the covered entity for the same violation under any other provision of law.
 (e)Penalty not deductibleNo deduction shall be allowed under subtitle A for a penalty paid under this section. 9906.Carbon capture and sequestration (a)In generalThe Secretary shall issue a carbon permit to any person who the Secretary, in consultation with the Administrator, determines has safely and verifiably captured and sequestered carbon dioxide from the combustion of covered fuels in the United States.
 (b)QuantityThe quantity of each permit issued under subsection (a) shall be in the amount equivalent to the number of metric tons of carbon dioxide so captured and sequestered.
 (c)CoordinationThe quantity of permits issued under this section shall be in addition to the quantity of permits established under section 9902(a).
								9907.Trading
 (a)Permitted transactionsThe lawful holder of a carbon permit may— (1)hold the carbon permit, subject to the limits established by the Secretary under section 9903(b)(2); or
 (2)sell, exchange, or transfer the carbon permit to a covered entity consistent with the limits established by the Secretary under section 9903(b)(2).
 (b)Effectiveness of carbon permit transfersNo transfer of a carbon permit shall be effective until a written certification of the transfer, signed by a responsible official of the transferor, is received and recorded by the Secretary in accordance with regulations promulgated under section 9902(e).
 (c)Carbon permit tracking systemThe regulations promulgated under section 9902(e) shall include a system for issuing, recording, holding, and tracking carbon permits that shall specify all necessary procedures and requirements for an orderly and competitive functioning of the carbon permit system. Such regulations shall provide for appropriate publication of the information in the system on the Internet.
								9908.Banking and borrowing
 (a)BankingA carbon permit may be used to meet the compliance obligation requirements of section 9904 for emissions in—
 (1)the vintage year for the carbon permit; or (2)any calendar year subsequent to the vintage year for the carbon permit in accordance with subsection (b).
 (b)ReserveThe Secretary shall establish a reserve for carbon permits. Carbon permits transferred into the reserve shall be available in the manner determined by the Secretary when the Secretary determines that price point for carbon permits determined under subsection (d) is met and additional carbon permit supply is needed to stabilize the auction price. Permits in the reserve shall be used on a first in, first out basis.
 (c)ExpirationA carbon permit shall not expire unless— (1)it is surrendered to the Secretary under section 9904 or section 9907(a)(3);
 (2)it has remained in the reserve for 5 years after being transferred into the reserve; or (3)the Secretary determines by regulation that expiration is necessary to ensure the authenticity and integrity of carbon permits or the carbon permit tracking system.
									(d)Borrowing future vintage year carbon permits
 (1)In generalIf the auction price for carbon permits increases by more than 50 percent above the average auction price for carbon permits during the preceding two years (or, if before the third year for which auctions are conducted, the average auction price for carbon permits during the preceding auctions), the Secretary shall auction as many additional carbon permits as are necessary to stabilize the auction price.
									(2)Special rules
 (A)Coordination with reserveAdditional permits may not be auctioned under paragraph (1) until after all available permits in the reserve for carbon permits established under subsection (b) have been used.
 (B)Reduction in vintage year permitsAny carbon permits made available under this subsection shall result in an equivalent reduction in the aggregate amount of carbon permits made available in vintage years 2030 through 2050 as set forth in section 9902, and the Secretary shall reduce the number of carbon permits by an equal percentage in each of those vintage years.
										102Healthy Climate Dividends

								Sec. 9911. Healthy Climate Trust Fund.
								Sec. 9912. Healthy Climate Dividend Payments.
								Sec. 9913. Transparency.
							9911.Healthy Climate Trust Fund
 (a)EstablishmentThere is established in the Treasury of the United States a trust fund to be known as the Healthy Climate Trust Fund, consisting of such amounts as may be appropriated to such trust fund as provided for in this section.
								(b)Transfers
 (1)Proceed amountsThere are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as proceeds under section 9903.
 (2)Penalty amountsThere are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as penalties under section 9905.
									(c)Expenditures
 (1)Administrative expensesSuch amounts as may be necessary from the Healthy Climate Trust Fund shall be available to pay the administrative expenses necessary to carry out this section for each month, but not exceeding the amount of interest credited to the trust fund under section 9602.
 (2)Healthy Climate Dividend PaymentsAmounts in the Healthy Climate Trust Fund not used under paragraph (1) for any month shall be available for making Healthy Climate Dividend Payments under section 9912.
									9912.Healthy Climate Dividend Payments
 (a)In generalFor purposes of this section: (1)Healthy Climate Dividend PaymentThe term Healthy Climate Dividend Payment means the individual pro-rata share, as determined by the Secretary, of amounts available for any quarter in the Healthy Climate Trust Fund under section 9911(c)(2). For purposes of the preceding sentence, the amounts available for any quarter shall be the fraction of the total amount made available from an auction conducted under section 9903—
 (A)the numerator of which is 1, and (B)the denominator of which is the number of quarters in the period beginning with the quarter in which such auction is conducted and ending with the quarter before the quarter in which the next such auction is scheduled to be conducted.
										(2)Eligible individual
 (A)In generalThe term eligible individual means, with respect to any quarter, any individual with a valid social security number (other than a nonresident alien individual) who is lawfully present in the United States for such quarter, as determined and verified by the Secretary in consultation with any other Federal entity the Secretary determines appropriate.
 (B)Opt outAn individual may elect not to be treated as an eligible individual. (b)Payment of Healthy Climate DividendFrom amounts made available under section 9911(c)(2), the Secretary shall make a Healthy Climate Dividend Payment not later than the end of the calendar quarter following the calendar quarter in which such amounts are appropriated to the Healthy Climate Trust Fund under section 9911 to each individual who is an eligible individual for that quarter. Such payments shall be made by electronic means to the maximum extent practicable.
 (c)Exclusion from gross incomeGross income shall not include any Healthy Climate Dividend paid under this section. (d)RegulationsThe Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.
								9913.Transparency
 (a)Report to CongressNot later than February 1, 2018, and at least annually thereafter, the Secretary shall transmit to Congress a report accounting for the disposition of amounts in the Healthy Climate Trust Fund in the previous calendar year.
 (b)Healthy Climate Trust Fund WebsiteNot later than 90 days after the date of the enactment of this subtitle, the Secretary shall establish and maintain a website to provide the public with information on the disposition of any amounts in the Healthy Climate Trust Fund.
								103Border Adjustments

								Sec. 9921. Carbon equivalency fee.
								Sec. 9922. Definitions.
								Sec. 9923. Sense of Congress.
							9921.Carbon equivalency fee
 (a)ImportsThe Secretary shall impose carbon equivalency fees to be collected by the Commissioner responsible for U.S. Customs and Border Control on imports of carbon-intensive goods. The amount of the carbon equivalency fee shall be equal to the cost that domestic producers of a comparable carbon-intensive good incur as a result of—
 (1)prices paid in the acquisition of carbon permits by covered entities under this subtitle; and (2)carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good.
 (b)Payments to ExportersThe Secretary shall pay without interest to persons exporting from the United States carbon-intensive goods produced in the United States. The amount of the payment shall be equal to the cost that domestic producers of the carbon-intensive good incur as a result of—
 (1)prices paid in the acquisition of carbon permits by covered entities under this subtitle; and (2)carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good.
 (c)ExpirationThis section shall cease to have effect at such time as and to the extent that— (1)an international agreement requiring countries that emit greenhouse gases and produce carbon-intensive goods for export markets to adopt equivalent measures comes into effect; or
 (2)the country of export has implemented equivalent measures, as determined by the Secretary, in consultation with the Secretary of State.
 9922.DefinitionsIn this chapter: (1)Carbon-intensive goodThe term carbon-intensive good means a good that, as identified by the Secretary, in consultation with the Administrator, by rule—
 (A)is a primary product; or (B)is a manufactured item in which one or more primary products are inputs and the cost of production of which in the United States is significantly increased by reason of the requirements under this subtitle.
 (2)Primary productThe term primary product means— (A)iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics; and
 (B)any other manufactured product that the Secretary, in consultation with the Administrator, determines—
 (i)is sold for purposes of further manufacture; and (ii)generates, in the course of the manufacture of the product, direct and indirect greenhouse gas emissions that are comparable (on an emissions-per-dollar of output basis) to emissions generated in the manufacture or production of a primary product identified in subparagraph (A).
 (3)Equivalent measureThe term ‘equivalent measure’ means a tax, or other regulatory requirement that imposes a cost, on manufacturers of carbon-intensive goods located outside the United States, by reason of greenhouse gas emissions in the production of such goods by such manufacturers, approximately equal to the cost imposed by this subtitle on manufacturers of comparable carbon-intensive goods located in the United States.
 9923.Sense of CongressIt is the sense of Congress that the United States should work proactively under the United Nations Framework Convention on Climate Change and in other appropriate fora, to establish binding agreements committing all major greenhouse gas emitting countries and countries with globally competitive producers of carbon-intensive goods to contribute equitably to the reduction of global greenhouse gas emissions on a schedule and order of magnitude necessary to stabilize the climate..
 (b)Clerical AmendmentThe table of subtitles for the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

						Subtitle L. Auction of Carbon Permits and Distribution of Healthy Climate Dividends.
			4.Non-auction greenhouse gases
 (a)DefinitionsIn this section: (1)The term Administrator means the Administrator of the Environmental Protection Agency.
 (2)The term non-auction greenhouse gas refers to the gases included on the list in effect under subsection (b). (b)List of non-Auction greenhouse gases (1)Initial listNot later than 2 years after the date of the enactment of this Act, the Administrator, by rule, shall finalize and publish a list that—
 (A)consists of the anthropogenically emitted gases that are determined by the Administrator to contribute to global warming; and
 (B)excludes gases to the extent they are— (i)carbon dioxide emitted by the combustion of a covered fuel (as such term is defined in section 9901 of the Internal Revenue Code of 1986, as added by section 3(a) of this Act); or
 (ii)directly attributable to the production of animals for food or food products. (2)UpdatesThe Administrator shall periodically review and, as appropriate, update the list under paragraph (1).
				(c)Regulations
 (1)In generalUnder the authorities vested in the Administrator by the Clean Air Act (42 U.S.C. 7401 et seq.) and any other applicable law (other than this section), the Administrator shall promulgate regulations addressing the contribution of non-auction greenhouse gases to global warming.
 (2)International competitivenessIn promulgating regulations under this subsection, the Administrator shall take into consideration the effect of such regulations on the international competitiveness of businesses and industries of the United States.
				(d)Schedule
 (1)In generalThe regulations under subsection (c) shall ensure that— (A)not later than 4 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 25 percent of non-auction greenhouse gases emitted in the United States;
 (B)not later than 6 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 50 percent of non-auction greenhouse gases emitted in the United States;
 (C)not later than 8 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 75 percent of non-auction greenhouse gases emitted in the United States; and
 (D)not later than 10 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit 100 percent of non-auction greenhouse gases emitted in the United States.
 (2)BaselineThe percentages specified in paragraph (1) shall be applied relative to the aggregate quantity of non-auction greenhouse gases emitted in the United States during the calendar year in which the initial list under subsection (b)(1) is required to be finalized by such subsection.
 (e)PrioritiesIn determining priorities for regulating the emissions of non-auction greenhouse gases under subsection (c), the Administrator shall consider—
 (1)the degree to which the gases involved contribute to global warming; and (2)the speed with which a given reduction would contribute to stabilizing the climate.
 (f)Citizen suitsThe provisions of section 304 of the Clean Air Act (42 U.S.C. 7604) shall apply with respect to a violation of a requirement under this section, or the failure of the Administrator to perform a non-discretionary act or duty under this section, to the same extent and in the same manner as such provisions apply with respect to a violation described in subsection (a) of such section 304 or a failure to perform a non-discretionary act or duty described in such subsection.
 (g)Report to CongressNot later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report to the Congress identifying any additions or modifications to statutory provisions which are needed for the Administrator to effectively address the contribution of non-auction greenhouse gases to global warming.
			5.Disclosure of information
 (a)Limited disclosure of identitySubsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

					(23)Limited disclosure of identity information relating to Healthy Climate Dividend Payments
 (A)Department of the TreasuryIndividual identity information shall, without written request, be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for purposes of section 9912.
 (B)Commissioner of Social SecurityThe Commissioner of Social Security shall, on written request, disclose to officers and employees of the Department of the Treasury individual identity information which has been disclosed to the Social Security Administration as provided by paragraph (1) or (5).
 (C)Restriction on disclosureInformation disclosed under this paragraph shall be disclosed only for purposes of, and to the extent necessary in, carrying out section 9912..
 (b)Conforming amendmentsSection 6103(p)(3)(A) of the Internal Revenue Code of 1986 is amended by striking or (18) and inserting , (23), or (21). 6.Effective dateThe amendments made by this Act shall take effect on the date of the enactment of this Act.


		IV
		111th CONGRESS
		1st Session
		H. CON. RES. 115
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2009
			Mrs. Bono Mack (for
			 herself and Mr. Kennedy) submitted the
			 following concurrent resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		CONCURRENT RESOLUTION
		Supporting the awareness of National
		  Alcohol and Drug Addiction Recovery Month Resolution.

		Whereas, according to the 2007 National Survey on Drug Use
			 and Health, only 2,400,000 of the more than 22,000,000 Americans who are
			 dependent on drugs received treatment in 2007;
		Whereas the economic cost of drug, alcohol, and tobacco
			 abuse in the United States is nearly $500,000,000,000, and impacts 100,000,000
			 people’s lives, either directly or indirectly;
		Whereas, according to the National Institute on Drug
			 Abuse, Principles of Effective Treatment published in 2000, drug treatment
			 reduces drug use by 40 to 60 percent, can reduce criminal activity by 40 to 50
			 percent, and improves employment prospects by 40 percent;
		Whereas the 2007 National Survey on Drug Use and Health
			 states that non-medical use of prescription pain relievers was the category
			 with the larger number of new initiates and their use ranks second only to
			 marijuana as the most prevalent category of drug abuse;
		Whereas, according to the Faces and Voices of Recovery
			 2004 survey of the general public on Addiction and Recovery, 63 percent of
			 Americans report that addiction to drugs or alcohol has impacted their life,
			 with 38 percent reporting that addiction has greatly impacted their
			 life;
		Whereas the 2001 Face of Recovery Survey among the
			 Recovery Community states that significant barriers to recovery include shame
			 and embarrassment (40 percent), cost of treatment and lack of insurance (27
			 percent), fear of being fired (19 percent), and lack of treatment programs (11
			 percent);
		Whereas almost half of American adults know someone in
			 recovery from alcohol or drug abuse;
		Whereas, according to the Partnership for a Drug-Free
			 America’s 2007 Parent Attitude Tracking Study Sponsored by the MetLife
			 Foundation, nearly 80 percent of Americans believe that drug addiction is a
			 disease and more than three quarters think that treatment will help most people
			 with an alcohol or drug addiction to get well;
		Whereas, according to the 2000 National Institute on Drug
			 Abuse, Principles of Effective Treatment, every dollar invested in treatment
			 for addiction yields a return of $4 to $7 in reduced drug-related crime and
			 costs;
		Whereas the 2008 National Study of Public Attitudes toward
			 Addiction by the Hazelden Foundation states that 77 percent of Americans
			 believe that the disease of addiction should be addressed in health care reform
			 legislation and 71 percent believe that health insurance should cover addiction
			 treatment; and
		Whereas alcohol and drug addiction is a chronic disease
			 for which there are effective community-based prevention and wellness programs,
			 strategies, and activities: Now, therefore, be it

		That Congress—
			(1)supports the
			 observance of National Alcohol and Drug Addiction Recovery Month in order to
			 bring awareness to the effects of prevention, research, law enforcement, and
			 treatment of alcohol and substance abuse;
			(2)recognizes and applauds the Department of
			 Health and Human Services, the Substance Abuse and Mental Health Services
			 Administration, and Community Anti-Drug Coalitions of America for working to
			 raise awareness about the importance of recovery in communities throughout the
			 Nation by hosting the Recovery Month Luncheon for hundreds of people from
			 across the country;
			(3)recognizes and
			 applauds the many national and community organizations for their work in
			 promoting awareness of treatment options and those using and affected by drug
			 abuse; and
			(4)urges
			 organizations to work collaboratively with the education, law enforcement,
			 research, and treatment community to implement new programs to treat the
			 evolving drug abuse trends including the resources available for parents on
			 drugfree.org and the promotion of community coalitions to encourage more
			 drug-free communities.


115 HR 7303 IH: Protecting Financial Aid for Students and Taxpayers Act
U.S. House of Representatives
2018-12-13
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.

I115th CONGRESS2d SessionH. R. 7303IN THE HOUSE OF REPRESENTATIVESDecember 13, 2018Mr. Grijalva introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Higher Education Opportunity Act to restrict institutions of higher education from
			 using revenues derived from Federal educational assistance funds for
			 advertising, marketing, or recruiting purposes.

		1.Short title; findings
 (a)Short titleThis Act may be cited as the Protecting Financial Aid for Students and Taxpayers Act. (b)FindingsCongress finds the following:
 (1)From 1998 to 2013, enrollment in for-profit institutions of higher education increased by 314 percent, from 498,176 students to 2,064,920 students.
 (2)In the 2012–2013 academic year, students who enrolled at for-profit institutions of higher education received $26,469,028,523 in Federal Pell Grants and student loans.
 (3)Eight out of the 10 top recipients of Post- 9/11 Educational Assistance funds are for-profit institutions of higher education. These 8 companies have received $2,900,000,000 in taxpayer funds to enroll veterans from 2009 to 2013.
 (4)An analysis of 15 publicly traded companies that operate institutions of higher education shows that, on average, such companies spend 28 percent of expenditures on advertising, marketing, and recruiting.
 2.Restrictions on sources of funds for recruiting and marketing activitiesSection 119 of the Higher Education Opportunity Act (20 U.S.C. 1011m) is amended— (1)in the section heading, by inserting and Restrictions on Sources of Funds for Recruiting and Marketing Activities after Funds;
 (2)in subsection (d), by striking subsections (a) through (c) and inserting subsections (a), (b), (c), and (e); (3)by redesignating subsection (e) as subsection (f); and
 (4)by inserting after subsection (d) the following:  (e)Restrictions on sources of funds for recruiting and marketing activities (1)In generalAn institution of higher education, or other postsecondary educational institution, may not use revenues derived from Federal educational assistance funds for recruiting or marketing activities described in paragraph (2).
 (2)Covered activitiesExcept as provided in paragraph (3), the recruiting and marketing activities subject to paragraph (1) shall include the following:
 (A)Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events.
 (B)Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or participation in preadmission or advising activities, including—
 (i)paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other internet communications regarding enrollment; and
 (ii)soliciting an individual to provide contact information to an institution of higher education, including websites established for such purpose and funds paid to third parties for such purpose.
 (C)Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations.
 (3)ExceptionsAny activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), is specifically authorized under such title, or is otherwise specified by the Secretary of Education shall not be considered to be a covered activity under paragraph (2).
 (4)Federal educational assistance fundsIn this subsection, the term Federal educational assistance funds means funds provided directly to an institution or to a student attending such institution under any of the following provisions of law:
 (A)Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (B)Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code.
 (C)Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (D)Section 1784a, 2005, or 2007 of title 10, United States Code.
 (E)Title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.). (F)The Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.).
 (5)Rule of constructionNothing in this section shall be construed as a limitation on the use by an institution of revenues derived from sources other than Federal educational assistance funds.
 (6)ReportingEach institution of higher education, or other postsecondary educational institution, that receives revenues derived from Federal educational assistance funds shall report annually to the Secretary and to Congress the institution's expenditures on advertising, marketing, and recruiting..


113 HR 5851 IH: Honoring Our Veterans By Exercising The Right To Vote On Veterans Day Act
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5851
		IN THE HOUSE OF REPRESENTATIVES

			December 11, 2014
			Mr. Grayson introduced the following bill; which was referred to the Committee on Oversight and Government Reform

		A BILL
		To designate Veterans Day as the Tuesday after the first Monday in November.

		1.Short title
			This Act may be cited as the Honoring Our Veterans By Exercising The Right To Vote On Veterans Day Act.2.Addition of election day as a legal public holidaySection 6103(a) of title 5, United States Code, is amended to read as follows:(a)The following are legal public holidays:New Year’s Day, January 1.Birthday of Martin Luther King, Jr., the third Monday in January.Washington’s Birthday, the third Monday in February.Memorial Day, the last Monday in May.Independence Day, July 4.Labor Day, the first Monday in September.Columbus Day, the second Monday in October.Veterans Day, the Tuesday after the first Monday in November.Thanksgiving Day, the fourth Thursday in November.Christmas Day, December 25..


		III
		110th CONGRESS
		1st Session
		S. RES. 331
		IN THE SENATE OF THE UNITED STATES

			September 25, 2007
			Mr. Menendez (for
			 himself and Ms. Snowe) submitted the
			 following resolution; which was referred to the
			 Committee on Foreign
			 Relations

		RESOLUTION
		Expressing the sense of the Senate that
		  Turkey should end its military occupation of the Republic of Cyprus,
		  particularly because Turkey's pretext has been refuted by over 13,000,000
		  crossings of the divide by Turkish-Cypriots and Greek-Cypriots into each
		  other's communities without incident.

		Whereas it is in the best interests of the United States,
			 Turkey, Cyprus, the European Union, and NATO for Turkey to adhere to United
			 Nations resolutions and United States and European Union policy and end its
			 military occupation of the Republic of Cyprus;
		Whereas 13,000,000 crossings of the divide by
			 Turkish-Cypriots and Greek-Cypriots into each other's communities without
			 incident qualifies Cyprus' ethnic community relations to be among the world's
			 safest, regardless of circumstances;
		Whereas, unlike age-old ethnic frictions in the region,
			 Cyprus has historically been an oasis of generally peaceful relations among
			 ethnic communities, as is reflected in many Turkish-Cypriot and Greek-Cypriot
			 emigrants seeking each other as neighbors in places like Great Britain;
		Whereas United States interests, regional stability, and
			 relations between United States allies Greece and Turkey will improve with an
			 end to the occupation of Cyprus;
		Whereas Turkey’s European Union accession prospects, which
			 require approval by each European Union nation, will improve if Turkey ends its
			 hostile occupation of Cyprus, a European Union nation;
		Whereas Turkey’s image for religious tolerance will
			 improve by removing troops that have allowed, as German Chancellor and European
			 Union President Angela Merkel recently said, destruction of churches or
			 other religious sites under their control; and
		Whereas overlooking Turkey’s occupation of Cyprus injures
			 the moral standing of the United States internationally and doesn’t help the
			 image of the United States in Turkey, which recently ranked last in a 47-nation
			 Pew survey for favorable views of the United States: Now, therefore, be
			 it

		That the Senate—
			(1)calls on the
			 United States Government to initiate a new effort to help Turkey understand the
			 benefits that will accrue to it as a result of ending its military occupation
			 of Cyprus;
			(2)urges the
			 Government of Turkey to immediately begin the withdrawal of its military
			 occupation forces from the Republic of Cyprus; and
			(3)urges the
			 Government of Turkey to complete the withdrawal of its occupation forces in the
			 near future so that Turkey, Cyprus, the region, and the United States can begin
			 realizing the benefits of the end of that occupation.


		I
		112th CONGRESS
		1st Session
		H. R. 962
		IN THE HOUSE OF REPRESENTATIVES

			March 8, 2011
			Mr. Schweikert
			 introduced the following bill; which was referred to the
			 Committee on
			 Appropriations

		A BILL
		To rescind certain unobligated discretionary
		  appropriations and require that such funds be used for Federal budget deficit
		  reduction.

		1.Short titleThis Act may be cited as the
			 The Forgotten Funds Act.
		2.Rescission of
			 unobligated funds
			(a)Rescission of
			 unobligated fundsThe
			 unobligated balances of the discretionary appropriations that were made
			 available in fiscal years 2008 and earlier are rescinded.
			(b)Use for deficit
			 reductionThe amounts rescinded under
			 subsection (a) shall be deposited in the
			 general fund of the Treasury and used for Federal budget deficit reduction.


114 HR 4763 IH: Wage Theft Prevention and Wage Recovery Act
U.S. House of Representatives
2016-03-16
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
		114th CONGRESS
		2d Session
		H. R. 4763
		IN THE HOUSE OF REPRESENTATIVES

			March 16, 2016
			Ms. DeLauro (for herself, Mr. Gutiérrez, Mrs. Watson Coleman, Ms. Norton, Mr. Honda, Mr. Rangel, Mr. Conyers, Mr. Keating, Mr. Pocan, Mr. Scott of Virginia, Ms. Schakowsky, Mr. Jeffries, Mr. McDermott, Mr. Cicilline, Mr. Brendan F. Boyle of Pennsylvania, Mr. DeSaulnier, Ms. McCollum, Mr. Langevin, Ms. Clarke of New York, Mr. Grayson, Mr. Serrano, Mr. Lewis, Mr. Ellison, Mr. Engel, Ms. Lofgren, Mr. Van Hollen, Ms. Edwards, Ms. Matsui, Mr. Nadler, and Ms. Hahn) 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 and the Portal-to-Portal Act of 1947 to prevent wage
			 theft and assist in the recovery of stolen wages, to authorize the
			 Secretary of Labor to administer grants to prevent wage and hour
			 violations, and for other purposes.

 1.Short titleThis Act may be cited as the Wage Theft Prevention and Wage Recovery Act. 2.FindingsCongress finds the following:
 (1)Wage theft occurs when an employer does not pay an employee for work that the employee has performed, depriving the worker of wages and earnings to which the worker is legally entitled. This theft occurs in many forms, including by employers violating minimum wage requirements, failing to pay overtime compensation, requiring off-the-clock work, failing to provide final payments, misclassifying employees as being exempt from overtime compensation or as independent contractors rather than as employees, and improperly withholding tips.
 (2)Wage theft poses a serious and growing problem across industries for working individuals of the United States. Wage theft is widespread and is estimated to cost workers more than $8,600,000,000 per year. In certain industries, compliance with Federal wage and hour laws is less than 50 percent.
 (3)Wage theft is closely associated with employment discrimination, with women, immigrants, and minorities being disproportionately affected. Women are significantly more likely to experience minimum wage violations than men, foreign-born workers are nearly 2 times as likely to experience minimum wage violations as their counterparts born in the United States, and African-Americans are 3 times more likely to experience minimum wage violations than their White counterparts.
 (4)Wage theft is closely associated with unsafe working conditions. (5)Wage theft—
 (A)depresses the wages of working families who are already struggling to make ends meet; (B)strains social services funds;
 (C)diminishes consumer spending power and hurts local economies; (D)reduces vital State and Federal tax revenues;
 (E)places law-abiding employers at a competitive disadvantage with noncompliant employers; (F)burdens commerce and the free flow of goods; and
 (G)lowers labor standards throughout labor markets. (6)Low-wage workers are at the greatest risk of suffering from wage theft. A survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago found that 68 percent of the workers surveyed had experienced some form of wage theft in the workweek immediately before the survey was conducted. These workers experienced a range of wage and hour violations: 26 percent of such workers were not paid minimum wage; 76 percent of such workers who worked more than 40 hours in the workweek immediately before the survey was conducted were not paid at the overtime rate; and, in the year before the survey was conducted, 43 percent of the workers who attempted to address such issues by filing a complaint with their employer or who attempted to form a labor organization experienced retaliation by their employers, including by being fired, suspended, or receiving threats of reductions in their hours or pay.
 (7)In 2012, State and Federal authorities as well as private attorneys recovered at least $933,000,000 in wage theft enforcement actions, which was nearly 3 times the value of all bank robberies, residential robberies, convenience store and gas station robberies, and street robberies in the United States during that year.
 (8)A Department of Labor study of wage theft in California and New York found that wage theft deprived workers of 37 percent to 49 percent of their income, pushing at least 15,000 families below the poverty line and driving another 50,000 to 100,000 families deeper into poverty.
 (9)A study analyzing wage theft claims in the State of Washington from 2009 to 2013 estimated that the total economic cost of wage theft to the State totaled more than $64,000,000 resulting from the lower economic activity and spending of low-wage workers due to their lost wages.
 (10)A Department of Labor study of wage violations in California and New York found that wage theft deprived families of $5,600,000 in possible earned income tax credits and resulted in a $22,000,000 loss in State tax revenue, a $238,000,000 loss in payroll tax revenue, and a $113,000,000 loss in Federal income tax revenue.
 (11)Barriers to addressing wage theft continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). These barriers have resulted, in significant part, because enforcement of such Act has not worked as Congress originally intended and because many of the provisions of such Act do not include sufficient penalties to discourage violations. Improvements to enforcement and amendments to such Act are necessary to ensure that such Act provides effective protection to individuals subject to wage theft.
 (12)The lack of a Federal right for employees to receive full compensation at the agreed upon wage rate for all work performed by the employee has resulted in workers being able to recover only the applicable minimum wage, or the overtime rate if applicable, when employers engage in wage theft.
 (13)The lack of a Federal requirement to provide employees with paystubs indicating how their pay is calculated or to allow employees to inspect their employers’ payroll records significantly impedes efforts to identify and challenge wage theft.
 (14)The lack of a Federal requirement to pay employees their final payments in a timely manner upon termination of the employment relationship between the employer and employee has led to unreasonable, and sometimes indefinite, delays in compensation after an employment relationship ends.
 (15)While the Fair Labor Standards Act of 1938, and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, require employers to compensate employees at the minimum wage rate and to provide overtime compensation when appropriate, the lack of civil penalties for violations of these requirements has dampened their effectiveness.
 (16)While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, provide employees who are subject to wage theft with the right to unpaid minimum wages or unpaid overtime compensation plus an additional equal amount as liquidated damages, this low level of damages has proved insufficient to deter employers from stealing the wages of their employees.
 (17)While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, require employers to keep records of employees’ pay, the lack of remedies for this requirement diminishes the effectiveness of the requirement.
 (18)While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, provide for limited criminal penalties when employers violate the provisions of such Act, the Secretary of Labor rarely resorts to these penalties, causing them to serve as a hollow threat.
 (19)The statute of limitations under section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255), in effect on the day before the date of enactment of this Act, precludes employees from bringing claims for wage theft 2 years after the cause of action accrued, or 3 years after the cause of action accrued if the claim is with respect to a willful or repeat violation by the employer. Additionally, the statute of limitations is not suspended while the Secretary of Labor investigates a complaint. These strict confines of the statute of limitations sometimes result in employees being deprived of their ability to institute a private lawsuit against their employer in order to recover their stolen wages.
 (20)Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)), as in effect on the day before the date of enactment of this Act, requires employees to affirmatively opt-in in order to be a party plaintiff in a collective action brought by another aggrieved employee seeking to recover stolen wages in court. This provision limits the ability of employees to unite and pursue private lawsuits against employers.
 (21)Under the penalty structure of the Fair Labor Standards Act of 1938, as in effect on the day before the date of enactment of this Act, many employers who are caught violating such Act continue to violate the Act. A Department of Labor investigation found that one-third of employers who had previously engaged in wage theft continued to do so.
 (22)The Government Accountability Office and the Department of Labor have recognized that when employers are assessed civil penalties, they are more likely to comply with the law in the future and other employers in the same region—regardless of industry—are also more likely to comply with the law.
 (23)States that have enacted legislation to address wage theft by increasing the damages to which employees are entitled following violations of wage and hour laws have positively impacted the workers in such States. However, many States have not enacted such legislation and, worse still, some States do not have any laws protecting workers from wage theft or even agencies to enforce workers’ rights to compensation for work. This discrepancy in State laws has resulted in a fragmentation of workers’ rights across the United States, with some workers having a measure of protection from wage theft and other workers being left extremely vulnerable to wage theft.
 (24)Effective enforcement of wage and hour laws is critical to increasing compliance. Given the limited resources available for enforcement, enhanced strategic enforcement of Federal wage and hour laws is crucial.
 (25)For enhanced strategic enforcement to be effective, government regulators must work with community stakeholders who have direct knowledge of ongoing violations of Federal wage and hour requirements and who are in a position to prevent such violations.
 (26)Partnerships between regulators, workers, nonprofit organizations, and businesses can increase compliance by educating workers about their rights, collecting evidence, reporting violations, identifying noncompliant employers, and modeling good practices.
 (27)Partnerships between regulators, workers, nonprofit organizations, and businesses have been successful in combating wage theft. In 2006, the Division of Labor Standards Enforcement of California created a janitorial enforcement team to work closely with a local janitorial watchdog organization. As of 2015, the partnership had resulted in countless administrative, civil, and criminal actions against employers and in the collection of more than $68,000,000 in back pay for janitorial workers.
 (28)The Government Accountability Office has recommended that the Department of Labor identify ways to leverage its resources to better combat wage theft by improving services provided through partnerships.
 3.PurposesThe purposes of this Act are to prevent wage theft and facilitate the recovery of stolen wages by— (1)strengthening the penalties for engaging in wage theft;
 (2)giving workers the right to receive, in a timely manner, full compensation for the work they perform, certain disclosures, regular paystubs, and final payments;
 (3)providing workers with improved tools to recover their stolen wages in court; and (4)making assistance available to enhance enforcement of and compliance with Federal wage and hour laws through—
 (A)supporting initiatives that address and prevent violations of such laws and assist workers in wage recovery;
 (B)supporting individual entities and developing community partnerships that expand and improve cooperative efforts between enforcement agencies and community-based organizations in the prevention of wage and hour violations and enforcement of wage and hour laws;
 (C)expanding outreach to workers in industries or geographic areas identified by the Secretary of Labor as highly noncompliant with Federal wage and hour laws;
 (D)improving detection of employers who are not complying with such laws and aiding in the identification of violations of such laws; and
 (E)facilitating the collection of evidence to assist enforcement efforts. IAmendments to the Fair Labor Standards Act of 1938 101.Requirements to provide certain disclosures, regular paystubs, and final paymentsThe Fair Labor Standards Act of 1938 is amended by inserting after section 4 (29 U.S.C. 204) the following:

					5.Requirements to provide certain disclosures, regular paystubs, and final payments
						(a)Disclosures
 (1)Initial disclosuresNot later than 15 days after the date on which an employer hires an employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, the employer of such employee shall provide such employee with an initial disclosure containing the information described in paragraph (3).
 (2)Modification disclosuresNot later than 15 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1), the employer of such employee shall provide the employee with a modification disclosure containing the information described in paragraph (3).
 (3)InformationThe information described in this paragraph shall include— (A)the rate of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation;
 (B)an indication of whether the employee is being classified by the employer as an employee subject to the maximum hours and overtime compensation requirements of section 7 or as an employee exempt from such requirements as provided under section 13;
 (C)the name of the employer and any other name used by the employer to conduct business; and (D)the physical address of and telephone number for the employer’s main office or principle place of business, and a mailing address for such office or place of business if the mailing address is different than the physical address.
								(b)Paystubs
 (1)In generalEvery employer shall provide each employee of such employer who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph (3) in any form provided under paragraph (2).
 (2)FormsA paystub required under this subsection shall be a written statement and may be provided in any of the following forms:
 (A)As a separate document accompanying any payment to an employee for work performed during the applicable pay period.
 (B)In the case of an employee who receives paychecks from the employer, as a detachable statement accompanying each paycheck.
 (C)As a digital document provided through electronic communication, subject to the employee affirmatively consenting to receive the paystubs in this form.
 (3)ContentsEach paystub shall contain all of the following information: (A)The name of the employee.
 (B)In the case of an employee who is paid an hourly wage, an employee who is employed at piece rates, or an employee who is paid a salary and is not exempt from the overtime requirements of section 7, the total number of hours worked by the employee, including the number of hours worked per workweek, during the applicable pay period.
 (C)The total gross and net wages paid, and, in the case of an employee who is paid an hourly wage, an employee who is employed at piece rates, or an employee who is paid a salary and is not exempt from the overtime requirements of section 7, the rate of pay for each hour worked during the applicable pay period.
 (D)In the case of an employee who is paid a salary in lieu of an hourly wage, the amount of salary paid during the applicable pay period.
 (E)In the case of an employee employed at piece rates, the number of piece rate units earned, the applicable piece rates, and the total amount paid to the employee for the applicable pay period in accordance with such piece rates.
 (F)The rate of pay of the employee during the applicable pay period and an explanation of the basis for such rate.
 (G)The number of overtime hours worked by the employee during the applicable pay period and the compensation required under section 7 that is provided to the employee for such hours.
 (H)Any additional compensation provided to the employee during the applicable pay period, with an explanation of each type of compensation, including any allowances or reimbursements such as amounts related to meals, clothing, lodging, or any other item, and any cost to the employee associated with such allowance or reimbursements.
 (I)Itemized deductions from the gross income of the employee during the applicable pay period, and an explanation for each deduction.
 (J)The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period.
 (K)The name of the employer and any other name used by the employer to conduct business. (L)The name and phone number of a representative of the employer for contact purposes.
 (M)Any additional information that the Secretary reasonably requires to be included through notice and comment rulemaking.
								(c)Final payments
 (1)In generalNot later than 14 days after an individual described in paragraph (4) terminates employment with an employer (by action of the employer or the individual), or on the date on which such employer pays other employees for the pay period during which the individual so terminates such employment, whichever date is earlier, the employer shall provide the individual with a final payment, by compensating such individual for any uncompensated hours worked or benefits incurred by the individual as an employee for the employer.
 (2)Continuing wagesAn employer who violates the requirement under paragraph (1) shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph (4) with compensation at a rate that is equal to the regular rate of compensation to which such individual was entitled when such individual was an employee of such employer.
 (3)LimitationNotwithstanding paragraphs (1) and (2), any individual described in paragraph (4) who intentionally avoids receiving a final payment described in paragraph (1), or who refuses to receive the final payment when fully tendered, resulting in the employer violating the requirement under such paragraph, shall not be entitled to the compensation provided under paragraph (2) for the time during which the individual so avoids final payment.
 (4)IndividualAn individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce..
 102.Right to full compensationSection 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

					(h)Right to full compensation
 (1)In generalIn the case of an employment contract or other employment agreement, including a collective bargaining agreement, that specifies that an employer shall compensate an employee (who is described in paragraph (2)) at a rate that is higher than the rate provided under subsection (a), the employer shall compensate such employee at the rate specified in such contract or other employment agreement.
 (2)Employee engaged in commerceThe requirement under paragraph (1) shall apply with respect to any employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce..
			103.Civil and criminal enforcement
 (a)DamagesThe Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended by section 102, is further amended—
 (1)in section 4(f) (29 U.S.C. 204(f)), in the third sentence— (A)by striking minimum; and
 (B)by striking and liquidated damages and inserting damages, and interest; (2)in section 6(d)(3) (29 U.S.C. 206(d)(3)) by striking minimum;
 (3)in section 16 (29 U.S.C. 216)— (A)in subsection (b)—
 (i)by striking minimum each place it appears; (ii)in the first sentence, by striking and in an additional equal amount as liquidated damages and inserting , an additional amount as damages that is equal to (subject to the second sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation, and the amount of any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate;
 (iii)in the second sentence, by striking wages lost and an additional equal amount as liquidated damages and inserting wages lost, including any unpaid wages or any unpaid overtime compensation, an additional amount as damages that is equal to 3 times the amount of such wages lost, and the amount of any interest on such wages lost accrued at the prevailing rate;
 (iv)by striking the fourth sentence; and (v)by adding at the end the following: Notwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act) or any other law, the right to bring an action, including a collective action, in court under this section cannot be waived by an employee as a condition of employment or in a pre-dispute arbitration agreement.; and
 (B)in subsection (c)— (i)by striking minimum each place the term appears;
 (ii)in the first sentence, by striking and an additional equal amount as liquidated damages and inserting , an additional amount as damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation, and any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate;
 (iii)in the second sentence, by striking and an equal amount as liquidated damages. and inserting , an additional amount as damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation, and any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate. In the event that the employer violates section 15(a)(3), the Secretary may bring an action in any court of competent jurisdiction to recover the amount of any wages lost, including any unpaid wages or any unpaid overtime compensation, an additional amount as damages that is equal to 3 times the amount of such wages lost, and any interest on such wages lost accrued at the prevailing rate.; and
 (iv)in the fourth sentence, by striking or liquidated; and (4)in section 17 (29 U.S.C. 217), by striking minimum.
 (b)Civil finesSection 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended— (1)by striking paragraph (2) and inserting the following:

							(2)
 (A)Subject to subparagraph (B), any person who violates section 6 or 7, relating to wages, shall be subject to a civil fine that is not to exceed $2,000 per each employee affected for each initial violation of such section.
 (B)Any person who repeatedly or willfully violates section 6 or 7, relating to wages, shall be subject to a civil fine that is not to exceed $10,000 per each employee affected for each such violation.; and
 (2)by adding at the end the following:  (6)Any person who violates subsection (a) or (b) of section 5 shall—
 (A)for the first violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and
 (B)for each subsequent violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected.
 (7)Any person who violates section 11(c) shall— (A)for the first violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and
 (B)for each subsequent violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected..
 (c)Criminal penaltiesSection 16(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) is amended— (1)by striking Any person and inserting (1) Any person;
 (2)in the first sentence, by striking $10,000 and inserting $10,000 per each employee affected; (3)in the second sentence, by striking No person and inserting Subject to paragraph (2), no person; and
 (4)by adding at the end the following:  (2)(A)Notwithstanding any other provision of this Act, the Secretary shall refer any case involving a covered offender described in subparagraph (B) to the Department of Justice for prosecution.
 (B)A covered offender described in this subparagraph is an offender who willfully violates each of the following:
 (i)Section 11(c) by falsifying any records described in such section. (ii)Section 6 or 7, relating to wages.
 (iii)Section 15(a)(3).. 104.RecordkeepingSection 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended by adding at the end the following: In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request. In the event that an employer violates this subsection, resulting in a lack of a complete record of an employee’s hours worked or wages owed, notwithstanding whether the employer or employee is responsible for maintaining the employer’s official records, any evidence of the hours worked or wages owed set forth by the employee, including evidence of a documentary, testimonial, representative, or statistical nature, that is sufficient to establish to a finder of fact a just and reasonable inference that the employee was not fully compensated at the rate required by this Act, including under section 6(h) as applicable, for all of the work that the employee performed for the employer shall establish a rebuttable presumption that the employer violated section 6 or 7 by failing to fully compensate the employee at the required rate for all work performed by the employee for the employer and a rebuttable presumption that the evidence set forth by the employee regarding the specific number of hours worked by the employee for the employer for which the employee was not compensated and the wage rate for each of those hours is accurate. The employer may only overcome the rebuttable presumptions described in this subsection by providing clear and convincing evidence that the employee's evidence is inaccurate..
			IIAmendments to the Portal-to-Portal Act of 1947
 201.Increasing and tolling statute of limitationsSection 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended— (1)in the matter preceding subsection (a)—
 (A)by striking minimum; and (B)by striking liquidated damages and inserting other damages;
 (2)in subsection (a)— (A)by striking may be commenced within two years and inserting may be commenced within 4 years;
 (B)by striking unless commenced within two years and inserting unless commenced within 4 years; and (C)by striking may be commenced within three years and inserting may be commenced within 5 years;
 (3)in subsection (d), by striking the period and inserting ; and; and (4)by adding at the end the following:

 (e)with respect to the running of the statutory periods of limitation for such action, the running of such statutory periods shall be deemed suspended during the period beginning on the date on which the Secretary of Labor notifies an employer of an initiation of an investigation or enforcement action and ending on the date on which the Secretary notifies the employer that the matter has been officially resolved by the Secretary..
				IIIWage theft prevention and wage recovery grant program
 301.DefinitionsIn this title: (1)AdministratorThe term the Administrator means the Administrator of the Wage and Hour Division of the Department of Labor.
 (2)Community partnerThe term community partner means any stakeholder with a commitment to enforcing wage and hour laws and preventing abuses of such laws, including any—
 (A)State department of labor; (B)attorney general of a State, or other similar authorized official of a political subdivision thereof;
 (C)law enforcement agency; (D)consulate;
 (E)employee or advocate of employees, including a labor organization, community and faith-based organization, business association, or nonprofit legal aid organization;
 (F)academic institution that plans, coordinates, and implements programs and activities to prevent wage and hour violations and recover unpaid wages, damages, and penalties; and
 (G)any municipal agency responsible for the enforcement of local wage and hour laws. (3)Community partnershipThe term community partnership means a partnership between—
 (A)a working group consisting of community partners; and (B)the Department of Labor.
 (4)Eligible entityThe term eligible entity means an entity that is any of the following: (A)A nonprofit organization, including a community-based organization, faith-based organization, or labor organization, that provides services and support to employees, including assisting such employees in recovering unpaid wages.
 (B)An employer. (C)A business association.
 (D)An institution of higher education, as defined by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (E)A partnership between any of the entities described in subparagraphs (A) through (D). (5)Employ; employee; employerThe terms employ, employee, and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
 (6)SecretaryThe term Secretary means the Secretary of Labor. (7)Strategic enforcementThe term strategic enforcement means the process by which the Secretary—
 (A)targets highly noncompliant industries, as identified by the Secretary, using industry-specific structures to influence, and ultimately reform, networks of interconnected employers;
 (B)analyzes regulatory regimes under which specific industries operate; and (C)modifies the enforcement approach of such regulatory regimes in order to ensure the greatest impact.
 (8)Wage and hour lawThe term wage and hour law means any Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division.
 (9)Wage and hour violationThe term wage and hour violation refers to any violation of a Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division.
				302.Wage theft prevention and wage recovery grant program
 (a)In generalThe Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall provide grants to eligible entities to assist such entities in enhancing the enforcement of wage and hour laws, in accordance with this section and consistent with the purposes of this Act.
 (b)GrantsThe grants provided under this section shall be designed to— (1)support individual eligible entities in establishing and supporting the activities described in subsection (c)(1); and
 (2)develop community partnerships to expand and improve cooperative efforts between enforcement agencies and members of the community to—
 (A)prevent and reduce wage and hour violations; and (B)assist employees in recovering back pay for any such violations.
						(c)Use of funds
 (1)Permissible activitiesThe grants described in this section shall assist eligible entities in establishing and supporting activities that include—
 (A)disseminating information and conducting outreach and training to educate employees about their rights under wage and hour laws;
 (B)conducting educational training for employers about their obligations under wage and hour laws; (C)conducting orientations and trainings jointly with officials of the Wage and Hour Division of the Department of Labor;
 (D)providing assistance to employees in filing claims of wage and hour violations; (E)assisting enforcement agencies in conducting investigations, including in the collection of evidence and recovering back pay;
 (F)monitoring compliance with wage and hour laws; (G)performing joint visitations to worksites that violate wage and hour laws with officials from the Wage and Hour Division of the Department of Labor;
 (H)establishing networks for education, communication, and participation in the workplace and community;
 (I)evaluating the effectiveness of programs designed to prevent wage and hour violations and enforce wage and hour laws;
 (J)recruiting and hiring of staff and volunteers; (K)production and dissemination of outreach and training materials; and
 (L)any other activities as the Secretary may reasonably prescribe through notice and comment rulemaking.
 (2)Prohibited activitiesNotwithstanding paragraph (1), an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the Secretary through notice and comment rulemaking.
 (d)Term of grantsEach grant made under this section shall be available for expenditure for a period that is not to exceed 3 years.
				(e)Applications
 (1)In generalAn eligible entity seeking a grant under this section shall submit an application for such grant to the Secretary in accordance with this subsection.
 (2)PartnershipsIn the case of an eligible entity that is a partnership described in section 301(4)(E), the eligible entity may submit a joint application that designates a single entity as the lead entity for purposes of receiving and disbursing funds.
 (3)ContentsAn application under this subsection shall include— (A)a description of a plan for the program that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan that reflects expected participation of, and partnership with, community groups and appropriate private and public agencies;
 (B)information on the prevalence of wage and hour violations in each community or State of the eligible entity;
 (C)information on any industry or geographic area targeted by the plan for such program; (D)information on the type of outreach and relationship building that will be conducted under such program;
 (E)information on the training and education that will be provided to employees and employers under such program; and
 (F)the method by which the eligible entity will measure results of such program. (f)Selection (1)Competitive basisIn accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among qualified eligible entities that have submitted an application under subsection (e).
 (2)PriorityIn selecting grant recipients under paragraph (1), the Secretary shall give priority to eligible entities that—
 (A)serve employees in any industry or geographic area that is most highly at risk for noncompliance with wage and hour violations, as identified by the Secretary; and
 (B)demonstrate past and ongoing work to prevent wage and hour violations or to recover unpaid wages. (3)Other considerationsIn selecting grant recipients under paragraph (1), the Secretary shall also consider—
 (A)the prevalence of ongoing community support for each eligible entity, including financial and other contributions; and
 (B)the eligible entity's past and ongoing partnerships with other organizations. (g)Memoranda of understanding (1)In generalNot later than 60 days after receiving a grant under this section, the grant recipient shall negotiate and finalize with the Administrator a memorandum of understanding that sets forth specific goals, objectives, strategies, and activities that will be carried out under the grant by such recipient through a community partnership.
 (2)SignaturesA representative of the grant recipient (or, in the case of a grant recipient that is an eligible entity described in section 301(4)(E), a representative of each entity that composes the grant recipient) and the Administrator shall sign the memorandum of understanding under this subsection.
 (3)RevisionsThe memorandum of understanding under this subsection shall be reviewed and revised by the grant recipient and the Administrator each year of the duration of the grant.
					(h)Performance evaluations
 (1)In generalEach grant recipient under this section shall develop procedures for reporting, monitoring, measuring, and evaluating the activities of each program or project funded under this section.
 (2)GuidelinesThe procedures required under paragraph (1) shall be in accordance with guidelines established by the Secretary.
 (i)Revocation or suspension of fundingIf the Secretary determines that a recipient of a grant under this section is not in compliance with the terms and requirements of the memorandum of understanding under subsection (g), the Secretary may revoke or suspend (in whole or in part) the funding of the grant.
 (j)Use of componentsThe Secretary may use any division or agency of the Department of Labor in carrying out this Act. 303.GAO study (a)In generalThe Comptroller General of the United States shall conduct a study to identify successful programs carried out by grants under section 302, and the elements, policies, or procedures of such programs that can be replicated by other programs carried out by grants under such section.
 (b)ReportNot later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Secretary and Congress containing the results of the study conducted under subsection (a).
 (c)Use of informationThe Secretary shall use information contained in the report submitted under subsection (b)— (1)to improve the quality of community partnership programs assisted or carried out under this Act that are in existence as of the publication of the report; and
 (2)to develop models for new community partnership programs to be assisted or carried out under this Act.
 304.Authorization of appropriationsThere is authorized to be appropriated $50,000,000 for fiscal year 2017 and for each subsequent fiscal year through fiscal year 2020, to remain available until expended, to carry out the grant program under section 302.
			IVRegulations and effective date
 401.RegulationsNot later than 1 year after the date of enactment of this Act, the Secretary of Labor shall promulgate such regulations as are necessary to carry out this Act, and the amendments made by this Act.
 402.Effective dateThe amendments made by titles I and II shall take effect on the date that is the earlier of— (1)the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; and
 (2)the date that is 18 months after the date of enactment of this Act.


116 S1674 IS: Helping Our Most Elderly Secure Meals Act
U.S. Senate
2019-05-23
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.

II116th CONGRESS1st SessionS. 1674IN THE SENATE OF THE UNITED STATESMay 23 (legislative day, May 22), 2019Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Older Americans Act of 1965 to establish a competitive grant program to enable States
			 to purchase, customize, or repair vehicles with hot and cold food storage
			 for delivering meals to older individuals through the Congregate Nutrition
 Program or the Home-Delivered Nutrition Program.1.Short titleThis Act may be cited as the Helping Our Most Elderly Secure Meals Act or the HOME Meals Act.2.Grants for vehicles with hot and cold food storage for meal delivery to older individualsSubpart 3 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030g–21 et seq.) is amended by adding at the end the following:340.Grants for vehicles with hot and cold food storage for meal delivery(a)In generalThe Assistant Secretary shall award grants in accordance with subsection (c) on a competitive basis to States receiving a grant under section 331 or 336 to enable such States to purchase, customize, or repair vehicles meeting the requirement under subsection (b) to be used in delivering meals to older individuals through a nutrition project supported under either such section.(b)Vehicle requirementThe requirement under this subsection is that the vehicle has the capability to safely store hot food and cold food, as determined by the Assistant Secretary, while delivering meals.(c)Application and selection process(1)Applications(A)In generalA State receiving a grant under section 331 or 336 that seeks a grant under this section shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the demonstrations described in subparagraph (B).(B)DemonstrationsAn application under this paragraph shall contain a demonstration—(i)of how the State submitting the application will use the grant to enhance the delivery of services to older individuals with greatest economic need and older individuals with greatest social need; and(ii)that a program is in effect within the State, on the date on which the State submits the application, to use vehicles meeting the requirement under subsection (b) to provide nutrition services under section 331 or 336.(2)SelectionThe Assistant Secretary, in selecting States meeting the requirements under paragraph (1) to receive a grant under this section, shall give preference to—(A)States with a high percentage of individuals who are 60 years of age or older; and(B)States with a high rate of individuals at or below the poverty line.(d)Grant amountA grant awarded under this section shall be for an amount that is equal to or less than $3,000,000.(e)Authorization of appropriationsThere is authorized to be appropriated $60,000,000 for each of fiscal years 2020 through 2024 to carry out this section..


		I
		112th CONGRESS
		1st Session
		H. R. 2402
		IN THE HOUSE OF REPRESENTATIVES

			June 24, 2011
			Mr. Webster
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To specify the priority of the obligations of the United
		  States Government if the debt ceiling is reached.

		1.Short titleThis Act may be cited as the
			 Prioritize Spending Act of 2011.
		2.Priority of
			 payments if the debt ceiling is reachedIn the event that the debt of the United
			 States Government, as defined in section 3101 of title 31, United States Code,
			 reaches the statutory limit, amounts necessary for obligations incurred by the
			 Government of the United States shall be made available to the following
			 obligations before all other obligations and shall be made available as
			 prioritized in the following order (with items listed in descending order of
			 prioritization):
			(1)Amounts necessary
			 to carry out the authority of the Department of the Treasury provided in
			 section 3123 of title 31, United States Code, to pay with legal tender the
			 principal and interest on debt held by the public.
			(2)Such amounts as the Secretary of Defense
			 (and the Secretary of Homeland Security in the case of the Coast Guard)
			 determines to be necessary to continue to provide pay and allowances (without
			 interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast
			 Guard, including reserve components thereof, who perform active service.
			(3)Such amounts as
			 the President certifies to the Congress are necessary to carry out vital
			 national security priorities.
			(4)Amounts necessary to carry out the
			 authority of the Commissioner of Social Security to pay monthly old-age,
			 survivors', and disability insurance benefits under title II of the Social
			 Security Act.
			(5)Amounts necessary to make payments under
			 the Medicare program under title XVIII of the Social Security Act.


		I
		112th CONGRESS
		2d Session
		H. R. 4117
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2012
			Mr. McKeon introduced
			 the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To prohibit the use of private security contractors and
		  members of the Afghan Public Protection Force to provide security for members
		  of the Armed Forces and military installations and facilities in Afghanistan,
		  and for other purposes.

		1.Prohibition on use of private
			 security contractors and members of the Afghan Public Protection Force to
			 provide security for members of the Armed Forces and military installations and
			 facilities in Afghanistan
			(a)FindingsCongress makes the following
			 findings:
				(1)According to the
			 Department of Defense, as of February 1, 2012, there had been 42 insider
			 attacks on coalition forces since 2007 by the Afghan National Army, Afghan
			 National Police, or Afghan nationals hired by private security contractors to
			 guard United States bases and facilities in Afghanistan.
				(2)The Department of
			 Defense data shows that the trend of insider attacks is increasing.
				(3)Members of the
			 Armed Forces of the United States continue to be garrisoned and housed in
			 facilities and installations in Afghanistan that are guarded by private
			 security contractors and not by United States or coalition forces.
				(4)President Karzai
			 has prohibited the use of private security contractors in Afghanistan and
			 determined that beginning in March, 2012, the Afghan Ministry of Interior will
			 provide Afghan Public Protection Forces on a reimbursable basis to those
			 desiring to contract for additional security.
				(5)The Afghan
			 Ministry of Interior will have the primary responsibility for screening and
			 vetting the Afghan nationals who will comprise the Afghan Public Protection
			 Force.
				(6)The current force
			 levels in Afghanistan are necessary to accomplish the International Security
			 Assistance Force mission and force protection for members of the Armed Forces
			 garrisoned and housed in Afghanistan should not come at the expense of mission
			 success.
				(7)The President of
			 the United States has begun to draw down United States military forces in
			 Afghanistan and has committed to continue this drawdown through 2014.
				(8)The redeployment
			 phase of any military operation brings increasing vulnerabilities to members of
			 the Armed Forces.
				(9)It is the
			 responsibility of the Commander in Chief to provide for the security for
			 members of the Armed Forces deployed to Afghanistan and to mitigate internal
			 threats to such forces to the greatest extent possible, while continuing to
			 meet the objectives of the International Security Assistance Force mission in
			 Afghanistan, including the training and equipping of the Afghan National
			 Security Forces in order that they may provide for their own security.
				(b)Sense of
			 CongressIt is the sense of Congress that—
				(1)the best security
			 and force protection for members of the Armed Forces garrisoned and housed in
			 Afghanistan should be provided;
				(2)better security
			 and force protection for members of the Armed Forces garrisoned and housed in
			 Afghanistan can be provided by United States military personnel than private
			 security contractors or members of the Afghan Public Protection Force;
				(3)the President
			 should take action in light of the increased risk to members of the Armed
			 Forces during this transitional period in Afghanistan and the increasing number
			 of insider attacks; and
				(4)the United States
			 remains committed to mission success in Afghanistan in light of the national
			 security interests in the region and the sacrifice and commitment of the United
			 States Armed Forces over the last ten years.
				(c)ProhibitionNotwithstanding section 2465 of title 10,
			 United States Code, funds appropriated to the Department of Defense may not be
			 obligated or expended for the purpose of—
				(1)entering into a contract for the
			 performance of security-guard functions at a military installation or facility
			 in Afghanistan at which members of the Armed Forces deployed to Afghanistan are
			 garrisoned or housed;
				(2)otherwise
			 employing private security contractors to provide security for members of the
			 Armed Forces deployed to Afghanistan; or
				(3)employing the
			 Afghan Public Protection Force to provide security for such members or to
			 perform such security-guard functions at such a military installation or
			 facility.
				(d)Requirement
				(1)In
			 generalThe President shall ensure that as many appropriately
			 trained members of the Armed Forces of the United States as are necessary are
			 available to—
					(A)perform security-guard functions at all
			 military installations and facilities in Afghanistan at which members of the
			 Armed Forces deployed to Afghanistan are garrisoned or housed;
					(B)provide security for members of the Armed
			 Forces deployed to Afghanistan; and
					(C)provide adequate
			 counterintelligence support for such members.
					(2)Relationship to
			 other requirements and limitationsThe members of the Armed Forces required to
			 be made available under paragraph (1) shall be in addition to—
					(A)the number of such
			 members who are deployed to Afghanistan to support the requirements of the
			 North Atlantic Treaty Organization mission in Afghanistan and the military
			 campaign plan of the Commander of the International Security and Assistance
			 Force; and
					(B)any limitation on
			 force levels that may be in effect.
					(e)WaiverThe
			 President may waive the prohibition under subsection (c) and the requirement
			 under subsection (d) if the President submits to Congress certification in
			 writing that—
				(1)the use of private security contractors or
			 the Afghan Public Protection Force can provide a level of security and force
			 protection for members of the Armed Forces deployed to Afghanistan that is at
			 least equal to the security and force protection that can be provided by
			 members of the Armed Forces; and
				(2)the Secretary of Defense has ensured that
			 all employees of private security contractors and members of the Afghan Public
			 Protection Force providing security or force protection for members of the
			 Armed Forces deployed to Afghanistan are independently screened and vetted by
			 members of the Armed Forces of the United States.
				(f)DefinitionIn this section, the term members of
			 the Armed Forces deployed to Afghanistan means members of the Armed
			 Forces deployed to Afghanistan in support of the International Security
			 Assistance Force in Afghanistan and members of the Armed Forces of the United
			 States deployed to Afghanistan in support of Operation Enduring Freedom.


116 HR 8529 IH: Protecting Access to Affordable Medicines Act of 2020
U.S. House of Representatives
2020-10-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8529IN THE HOUSE OF REPRESENTATIVESOctober 6, 2020Mr. Butterfield (for himself, Mr. Long, and Mr. Cárdenas) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to prohibit additional rebates under the Medicaid program for certain noninnovator multiple source drugs.
1.Short titleThis Act may be cited as the Protecting Access to Affordable Medicines Act of 2020.  2.Prohibition on additional rebate under Medicaid for certain noninnovator multiple source drugsSection 1927(c)(3)(C) of the Social Security Act (42 U.S.C. 1396r–8(c)(3)(C)) is amended—
(1)in clause (i), by striking The amount and inserting Subject to clause (v), the amount; and (2)by adding at the end the following new clause:

(v)Prohibition on additional rebate for certain noninnovator multiple source drugsWith respect to a rebate period beginning on or after January 1, 2021, and a dosage form and strength of a covered outpatient drug described in clause (i), the amount of the rebate specified in subparagraph (A) for such dosage form and strength for such rebate period may not be increased if the average manufacturer price for a unit of such dosage form and strength for such rebate period is less than $1..