117 HR 3471 IH: Workforce Investment Disclosure Act of 2021
U.S. House of Representatives
2021-05-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3471IN THE HOUSE OF REPRESENTATIVESMay 25, 2021Mrs. Axne introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Securities Exchange Act of 1934 to require issuers to disclose to the Securities and Exchange Commission information regarding workforce management policies, practices, and performance, and for other purposes.1.Short titleThis Act may be cited as the Workforce Investment Disclosure Act of 2021.2.FindingsCongress finds the following:(1)One of the keys to the 20th century post-war economic success of the United States was the ability to prepare workers over the course of their lives for success through multiple sectors across society. Unfortunately, during the several decades preceding the date of enactment of this Act, there has been a shift in business norms and in society. While Congress recognizes that the technology and job skills required for some jobs has changed dramatically, the private and public partnership to hire workers at different education levels and invest in them for the long-term is broken.(2)Available data from the 10-year period preceding the date of enactment of this Act suggests that businesses are investing less in worker training during that time period, not more.(3)In the wake of the 2008 global financial crisis, there was a well-documented decline in overall business investment. That decline coincides with the wage polarization of workers and an increase in spending on share buybacks and dividends, leading several researchers to conclude that companies are de-emphasizing investment at the expense of increasing returns for shareholders. The onset of a global pandemic may make that trend worse, especially with respect to investments in workers.(4)As part of the overall decline in investment described in paragraph (3), publicly traded companies are being provided with incentives to prioritize investments in physical assets over investments in their workforces, meaning that those companies are investing in robots instead of individuals. In fact, there are already signs that automation has increased during the COVID–19 pandemic.(5)More than ever, the Federal Government, through company disclosure practices, needs to understand exactly how companies are investing in their workers. Over the several months preceding the date of enactment of this Act, companies across the United States have taken extreme actions to adapt and respond to evolving workforce challenges presented by COVID–19.(6)JUST Capital has been tracking the responses of the Standard and Poor’s 100 largest public companies to their workers and has found wide variation in the policies implemented, as well as with respect to the disclosure of those policies. Through different responses to their workforces, from layoffs to workplace safety to paid leave, the COVID–19 pandemic is exposing the myriad ways that workforce management practices of companies pose operational and reputational risks for short- and long-term financial performance.(7)Even before the COVID–19 pandemic, there was a growing body of research establishing a relationship between measurable workforce management, which is the way that companies manage their employees, and firm performance. In a study of 2,000 large companies, Harvard Law School’s Labor and Work Life Program found that forward-thinking workforce policies that prioritize workers, such as how companies train, retain, and pay their workers, are correlated with long-term financial performance.(8)Disclosure of workforce management policies should be part of a Government-wide economic recovery strategy. Just as a set of generally accepted accounting principles (commonly known as GAAP) was urgently adopted after the Great Depression, standardized, comparable metrics of workforce disclosure requirements in the context of the COVID–19 pandemic are critical for investors to accurately measure and project company performance, both in the present and in the future.(9)Because many companies already track workforce metrics internally, moving towards a transparent disclosure regime would allow investors to better judge whether companies are managing risks and making the investments in their workforces that are needed for long-term growth.(10)Businesses increasingly rely on workforce innovation and intellectual capital for competitiveness. Workplace benefits, particularly paid sick leave, medical leave, and flexible work arrangements, critically support employee mental and physical well-being.(11)Race- and gender-based workplace discrimination have been tied to negative health outcomes, as well as lower productivity, trust, morale, and satisfaction and higher rates of absenteeism and turnover. Organizational reporting on practices to reduce discrimination can increase employee job satisfaction, performance, and engagement.(12)According to the Centers for Disease Control and Prevention, work-related stress is the leading occupational health risk and, per the American Institute of Stress, job stress costs United States industry more than $300,000,000,000 per year in accidents, absenteeism, employee turnover, diminished productivity, and medical, legal, and insurance costs.(13)Employee health and well-being is a key asset to delivering long-term value, with 80 percent of public companies that took concrete actions on health and well-being having seen larger improvements in financial performance.(14)Organizational well-being interventions can create cost savings of up to 10 dollars for every dollar invested. Specifically, for every dollar that employers spend on workplace disease prevention and well-being programs, there is a $3.27 reduction in employee medical costs and a $2.73 reduction in absenteeism costs. Employers that implement workplace health promotion programs have seen reductions in sick leave, health plan costs, and workers’ compensation and disability insurance costs of approximately 25 percent.(15)The Centers for Disease Control and Prevention has found that preventable chronic conditions are a major contributor to insurance premium and employee medical claim costs, which are at an all-time high, and a Milken Institute study shows that employers paid $2,600,000,000,000 in 2016 for the indirect costs of employee chronic disease due to work absences, lost wages, and reduced economic productivity.(16)The COVID–19 pandemic has severely impacted employee physical, mental, and emotional well-being by increasing stress, depression, burnout, and mortality rates of chronic disease and by reducing work-life balance and financial security, with these challenges likely to persist due to uncertainty and instability even as employees return to work. Before the COVID–19 pandemic, but especially in the face of that pandemic, employers that advance policies and practices that support workforce health, safety, and well-being are likely to outperform competitors and benefit from lower costs.3.Disclosures relating to workforce managementSection 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:(s)Disclosures relating to workforce management(1)DefinitionIn this subsection, the term contingent worker includes an individual performing work on a temporary basis or as an independent contractor.(2)RegulationsNot later than 2 years after the date of enactment of this subsection, the Commission, in consultation with the Secretary of Labor, the Secretary of Commerce, the Secretary of Treasury, and the Attorney General, shall promulgate regulations that require each issuer required to file an annual report under subsection (a) or section 15(d) to disclose in that report information regarding workforce management policies, practices, and performance with respect to the issuer.(3)RulesConsistent with the requirement under paragraph (4), each annual report filed with the Commission in accordance with the regulations promulgated under paragraph (2) shall include disclosure of the following with respect to the issuer filing the report for the year covered by the report:(A)Workforce demographic information, including— (i)the number of full-time employees, the number of part-time employees, and the number of contingent workers (including temporary and contract workers) with respect to the issuer, which shall include demographic information with respect to those categories of individuals, including information regarding race, ethnicity, and gender;(ii)any policies or practices of the issuer relating to subcontracting, outsourcing, and insourcing individuals to perform work for the issuer, which shall include demographic information with respect to those individuals, including information regarding race, ethnicity, and gender; and(iii)whether the percentage of contingent workers with respect to the issuer has changed, including temporary and contract workers, as compared with the previous annual report filed by the issuer under this subsection.(B)Workforce stability information, including information about the voluntary turnover or retention rate, the involuntary turnover rate, the internal hiring rate, and the internal promotion rate, and the horizontal job change rate by quintile and demographic information.(C)Workforce composition, including— (i)data on diversity (including racial, ethnic, and gender composition) for senior executives and other individuals in the workforce; and (ii)any policies, audits, and programming expenditures relating to diversity.(D)Workforce skills and capabilities, including—(i)information about training and cross-training of employees and contingent workers by quintile and demographic information, distinguishing between compliance training, career development training, job performance or technical training, and training tied to recognized postsecondary credentials;(ii)average number of hours of training for each employee and contingent worker;(iii)total spending on training for all employees and contingent workers;(iv)average spending per employee or contingent worker;(v)training utilization rates; and(vi)whether completion of training opportunities translates into value added benefit for workers, as determined by wage increases or internal promotions.(E)Workforce health, safety, and well-being, including information regarding—(i)the frequency, severity, and lost time due to injuries, physical and mental illness, and fatalities;(ii)the scope, frequency, and total expenditure on workplace health, safety, and well-being programs;(iii)the total dollar value of assessed fines under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);(iv)the total number of actions brought under section 13 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662) to prevent imminent dangers;(v)the total number of actions brought against the issuer under section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c));(vi)any findings of workplace harassment or workplace discrimination during the 5 fiscal year period of the issuer preceding the fiscal year in which the report is filed; and(vii)communication channels and grievance mechanisms in place for employees and contingent workers.(F)Workforce compensation and incentives, including information regarding—(i)total workforce costs, including salaries and wages, health benefits, other ancillary benefit costs, and pension costs;(ii)workforce benefits, including paid leave, health care, child care, and retirement, including information regarding benefits that are provided— (I)to full-time employees and not to part-time employees; or (II)to employees and not to contingent workers;(iii)total contributions made to unemployment insurance by the issuer, how many employees to whom those contributions apply, and the total amount paid in unemployment compensation to individuals who were laid off by the issuer;(iv)policies and practices regarding how performance, productivity, equity, and sustainability are considered when setting pay and making promotion decisions; and(v)policies and practices relating to any incentives and bonuses provided to employees and any policies or practices designed to counter any risks created by such incentives and bonuses.(G)Workforce recruiting and needs, including— (i)the number of new jobs created, seeking to be filled, and filled, disaggregated based on classification status;(ii)the share of new jobs that require a bachelor’s degree or higher;(iii)information regarding the quality of hire for jobs described in clause (i); and(iv)the retention rate for individuals hired to fill the jobs described in clause (i).(H)Workforce engagement and productivity, including information regarding policies and practices of the issuer relating to—(i)engagement, productivity, and mental well-being of employees and contingent workers, as determined in consultation with the Department of Labor; and (ii)freedom of association and work-life balance initiatives, including flexibility and the ability of the workforce to work remotely, as determined in consultation with the Department of Labor.(4)Disaggregation of informationTo the maximum extent feasible, the information described in paragraph (3) shall be disaggregated by— (A)the workforce composition described in subparagraph (C) of that paragraph;(B)wage quintiles of the employees of the issuer for the year covered by the applicable annual report; and(C)the employment status of individuals performing services for the issuer, including whether those individuals are full-time employees, part-time employees, or contingent workers.(5)Treatment of emerging growth companiesThe Commission may exempt emerging growth companies from any disclosure required under subparagraph (D), (E), (F), (G), or (H) of paragraph (3) if the Commission determines that such an exemption is necessary or appropriate in the public interest.(6)False or misleading statements(A)In generalExcept as provided in subparagraph (B), it shall be unlawful for any person, in any report or document filed under this subsection, to make or cause to be made any untrue statement of a material fact or omit to state a material fact required to be stated in the report or document or necessary to make the statement made, in the light of the circumstances under which it is made, not misleading.(B)ExceptionA person shall not be liable under subparagraph (A) if the person shows that the person had, after reasonable investigation, reasonable ground to believe, and did believe, at the time the applicable statement was made, that the statement was true and that there was no omission to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading.(C)No private right of actionNothing in this paragraph may be construed as creating a private right of action.(7)ExemptionThis subsection shall not apply to an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a–8)..4.Backstop(a)DefinitionsIn this section—(1)the term Commission means the Securities and Exchange Commission;(2)the term covered issuer means an issuer that is required to file an annual report under section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)); and(3)the term issuer has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).(b)ComplianceIf, as of the date that is 2 years after the date of enactment of this Act, the Commission has not promulgated the regulations required under subsection (s) of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as added by section 3 of this Act, a covered issuer, during the period beginning on that date and ending on the date on which the Commission promulgates those regulations, shall be deemed to be in compliance with such subsection (s) if disclosures set forth in the annual report of the covered issuer satisfy the public disclosure standards of the International Organization for Standardization’s ISO 30414, or any successor standards for external workforce reporting, as supplemented or adjusted by rules, guidance, or other comments from the Commission.5.SEC study(a)DefinitionsIn this section, the terms Commission and issuer have the meanings given those terms in section 4(a).(b)StudyThe Commission shall conduct a study about the value to investors of—(1)information about the human rights commitments of issuers required to file annual reports under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)), including information about any principles used to evaluate risk, constituency consultation processes, and supplier due diligence; and(2)with respect to issuers required to file annual reports under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)), information about—(A)violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) by those issuers;(B)violations of worker misclassification by those issuers;(C)surveys regarding employee satisfaction, well-being, and engagement;(D)the number and overall percentage of quality jobs, as determined by compensation above median wage and comprehensive employer-provided benefits; and(E)information about workforce investment trends, as determined by at least a 3-year time period.(c)ReportNot later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report that contains the results of the study required to be conducted under subsection (b), with recommendations for additional disclosure regulations based on the findings, and any actions the Commission plans to take to enhance disclosures based on the findings.


109 HR 2594 IH: Songwriters Capital Gains Tax Equity Act
U.S. House of Representatives
2005-05-24
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
109th CONGRESS
1st Session
H. R. 2594
IN THE HOUSE OF REPRESENTATIVES

May 24, 2005
Mr. Lewis of Kentucky (for himself, Mr. Tanner, Mrs. Blackburn, Mr. Cooper, Mr. Jenkins, Mr. McCrery, Mr. Gordon, Mr. Ford, Mr. Foley, Mr. Doggett, Mr. English of Pennsylvania, Mr. Rogers of Kentucky, Mr. Hayworth, Mr. Cardin, Mr. Davis of Kentucky, Mr. Davis of Tennessee, Mr. Whitfield, Mr. Hall, Mr. Taylor of Mississippi, Mr. Engel, Mr. Coble, Mr. Brady of Texas, Mrs. Bono, Mr. Conyers, Mr. Franks of Arizona, Mr. Hoyer, Mr. Brown of South Carolina, Mr. Goode, Mr. Kucinich, Mr. Cramer, Mr. Chandler, and Mr. Herger) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide capital gains tax treatment for certain self-created musical works.

1.Short titleThis Act may be cited as the Songwriters Capital Gains Tax Equity Act.
2.Capital gains treatment for certain self-created musical works
(a)In generalSubsection (b) of section 1221 of the Internal Revenue Code of 1986 (relating to capital asset defined) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph:

(3)Sale or exchange of self-created musical worksAt the election of the taxpayer, paragraphs (1) and (3) of subsection (a) shall not apply with respect to any sale or exchange of musical compositions or copyrights in musical works by a taxpayer described in subsection (a)(3)..
(b)Limitation on charitable contributionsSubparagraph (A) of section 170(e)(1) of the Internal Revenue Code of 1986 is amended by inserting (determined without regard to section 1221(b)(3)) after long-term capital gain.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


110 HR 5052 IH: To suspend temporarily the duty on certain mixtures of N,N-Dimethylacetoacetamide.
U.S. House of Representatives
2008-01-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 2d Session
H. R. 5052
IN THE HOUSE OF REPRESENTATIVES

January 17, 2008
Mr. Garrett of New Jersey introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain mixtures of N,N-Dimethylacetoacetamide.

1.Certain mixtures of N,N-Dimethylacetoacetamide
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.01.00Mixtures of N,N-Dimethylacetoacetamide (CAS No. 2044–64–6) with an additive that stabilizes color and diluted in water with a calculated assay of not less than 93% and not more than 99% (provided for in subheading 2924.19.11)FreeNo changeNo changeOn or before 12/31/2011    .
(b)Effective dateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


114 HR 5123 IH: HERO Benefits Reform Act of 2016
U.S. House of Representatives
2016-04-29
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. 5123
		IN THE HOUSE OF REPRESENTATIVES

			April 29, 2016
			Mr. Pascrell (for himself, Mr. Reichert, Mr. Courtney, and Mr. Meehan) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To ensure that the United States provides for the families of law enforcement officers,
			 firefighters, and other emergency responders who fall in the line of duty.

 1.Short titleThis Act may be cited as the Honoring Emergency Response Officers Benefits Reform Act of 2016 or the HERO Benefits Reform Act of 2016. 2.Presumption that officer acted properlySection 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended—
 (1)by striking No benefit and inserting the following:  (a)In generalNo benefit; and
 (2)by adding at the end the following:  (b)PresumptionIn determining whether a benefit is payable under this part, the Bureau shall—
 (1)presume that none of the limitations under subsection (a) apply; and (2)have the burden of establishing by clear and convincing evidence that a limitation under subsection (a) applies..
 3.Backlog of claimsSubpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended by adding at the end the following:

				1206.Appeals
 (a)Standard of reviewNotwithstanding section 706 of title 5, United States Code, or any other provision of law, in any appeal of a determination of the Bureau to deny a claim under this part, including an appeal to a hearing officer of the Bureau, to the Director, or to a court of the United States, the reviewing official or court shall review the determination de novo.
					(b)Exception to administrative exhaustion requirement
 (1)In generalNotwithstanding section 704 of title 5, United States Code, or any other provision of law, an individual who files a claim for benefits under this part with the Bureau may file a subsequent claim with the United States Court of Federal Claims seeking an award of benefits under this part despite an absence of final agency action with respect to the original claim filed with the Bureau if—
 (A)the Bureau does not make a determination with respect to the original claim within 1 year of the date on which the claim was filed with the Bureau;
							(B)
 (i)the Bureau denies the original claim within 1 year of the date on which the claim was filed with the Bureau;
 (ii)the individual appeals the denial under clause (i) to a hearing officer; and (iii)the hearing officer does not make a determination with respect to the original claim within 180 days of the date on which the appeal was filed under clause (ii); or
								(C)
 (i)the Bureau denies the original claim within 1 year of the date on which the claim was filed with the Bureau;
 (ii)the individual appeals the denial under clause (i) to a hearing officer; (iii)the hearing officer denies the original claim within 180 days of the date on which the appeal was filed under clause (ii);
 (iv)the individual appeals the denial under clause (iii) to the Director; and (v)the Director does not make a determination with respect to the original claim within 180 days of the date on which the appeal was filed under clause (iv).
 (2)Standard of reviewThe United States Court of Federal Claims shall review a claim filed under paragraph (1) without regard to any determination made by the Bureau, including a hearing officer of the Bureau, with respect to the original claim filed with the Bureau.
 (3)Determination of whether original claim is completeFor purposes of determining whether an individual is eligible to file a claim under paragraph (1), the United States Court of Federal Claims shall determine the date on which the original claim was filed with the Bureau without regard to whether the Bureau has deemed the application that forms the basis of the original claim to be incomplete and thus not constitute an official claim..
 4.TransparencySubpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a), as amended by section 3, is amended by adding at the end the following:

 1207.Annual reportNot later than 60 days after the last day of each fiscal year, the Bureau shall submit to Congress and publish publically on the website of the Bureau a report that includes—
 (1)the number of claims filed under this part during the fiscal year, broken down by— (A)the type of benefit sought, meaning death, disability, educational benefit, and any combination thereof; and
 (B)the type of public safety officer to which each claim pertains; (2)the number of claims filed that were granted during the fiscal year;
 (3)the number of claims filed that were denied during the fiscal year, broken down by the reason for denial; and
 (4)the number of claims filed as of the last day of the fiscal year, broken down by— (A)the date on which each claim was filed; and
 (B)the reason why the Bureau has been unable to render a decision. The Attorney General shall make such report publically available over the Internet.. 5.Extending public safety officer death benefits to fire police and fire investigators (a)In generalSection 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended—
 (1)by redesignating paragraphs (5) through (9) as paragraphs (7) through (11), respectively; (2)in paragraph (11)(A), as so redesignated, by inserting as a fire police officer, fire investigator after firefighter,; and
 (3)by inserting after paragraph (4) the following:  (5)fire police officer includes an individual who—
 (A)is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency;
 (B)is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew described in paragraph (10)(A); and
 (C)is officially authorized to provide scene security or direct traffic— (i)in response to any fire drill, fire call, or other fire, rescue, or police emergency; or
 (ii)at a planned special event; (6)fire investigator includes any individual who—
 (A)is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency; and
 (B)is officially authorized to conduct, coordinate and complete fire and explosion investigations;. (b)Technical and conforming amendmentSection 611(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c–1(a)) is amended—
 (1)by striking section 1204(7)(B) and inserting section 1204(8)(B); and (2)by striking (42 U.S.C. 3796b(7)(B)) and inserting (42 U.S.C. 3796b(8)(B)).


		II
		111th CONGRESS
		2d Session
		S. 3006
		IN THE SENATE OF THE UNITED
		  STATES

			February 9
			 (legislative day, February 8), 2010
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Employee Retirement Income
		  Security Act of 1974 and the Internal Revenue Code of 1986 to allow
		  multiemployer plans to amortize losses from certain fraudulent investment
		  schemes over a 40-year period.

		1.Amortization of losses from qualified
			 fraudulent investment schemes
			(a)Amendment to ERISASection 304(b) of the
			 Employee Retirement Income Security Act of
			 1974 is amended by adding at the end the following new
			 paragraph:

					(8)Amortization of losses from qualified
				fraudulent investment schemes
						(A)Plan sponsor electionNotwithstanding any other provision of this
				subsection, the plan sponsor of a multiemployer plan may elect to charge the
				total amount of the net investment losses (if any) which are incurred in either
				or both of the first two plan years ending after August 31, 2008, and which are
				attributable to losses from qualified fraudulent investment schemes as an item
				separate from other experience losses, to be amortized in equal annual
				installments (until fully amortized) over a period of 40 plan years.
						(B)Losses from qualified fraudulent investment
				schemesFor purposes of this
				paragraph, the determination as to whether losses are from qualified fraudulent
				investment schemes shall be determined under rules prescribed by the Secretary
				that are substantially similar to the rules prescribed by the Secretary for
				purposes of determining whether a loss from such an arrangement is a theft loss
				for purposes of section 165 of the Internal Revenue Code of
				1986.
						.
			(b)Amendment to internal revenue code of
			 1986Section 431(b) of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 paragraph:

					(8)Amortization of losses from qualified
				fraudulent investment schemes
						(A)Plan sponsor electionNotwithstanding any other provision of this
				subsection, the plan sponsor of a multiemployer plan may elect to charge the
				total amount of the net investment losses (if any) which are incurred in either
				or both of the first two plan years ending after August 31, 2008, and which are
				attributable to losses from qualified fraudulent investment schemes as an item
				separate from other experience losses, to be amortized in equal annual
				installments (until fully amortized) over a period of 40 plan years.
						(B)Losses from qualified fraudulent investment
				schemesFor purposes of this
				paragraph, the determination as to whether losses are from qualified fraudulent
				investment schemes shall be determined under rules prescribed by the Secretary
				that are substantially similar to the rules prescribed by the Secretary for
				purposes of determining whether a loss from such an arrangement is a theft loss
				for purposes of section 165 of the Internal Revenue Code of
				1986.
						.
			(c)Effective
			 dateThe amendments made by
			 this section shall take effect as of the first day of the first plan year
			 beginning after August 31, 2008, except that any election a plan makes pursuant
			 to this section that affects the plan's funding standard account for the first
			 plan year beginning after August 31, 2008, shall be disregarded for purposes of
			 applying the provisions of section 305 of the Employee Retirement Income
			 Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 to
			 such plan year.


113 HR 3794 IH: To repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes.
U.S. House of Representatives
2013-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS1st SessionH. R. 3794IN THE HOUSE OF REPRESENTATIVESDecember 19, 2013Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes.1.Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62(a)RepealSection 403 of the Bipartisan Budget Act of 2013 is hereby repealed.(b)OffsetTo offset the costs to be incurred by the repeal made by subsection (a), the unobligated balances of the Department of Defense shall be reduced as necessary to generate savings in the total amount of $6,200,000,000.


		I
		112th CONGRESS
		1st Session
		H. R. 2389
		IN THE HOUSE OF REPRESENTATIVES

			June 24, 2011
			Mr. Gary G. Miller of
			 California (for himself, Mr.
			 Denham, Mr. Issa,
			 Mr. Cardoza,
			 Mr. Bilbray,
			 Mr. Thompson of California,
			 Mr. Rohrabacher,
			 Mr. Calvert, and
			 Mr. McCarthy of California) introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To amend title 23, United States Code, to modify the
		  surface transportation project delivery pilot program to carry out a
		  demonstration program using State environmental laws, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Environmental Review Cooperation
			 Act.
		2.Surface
			 transportation project delivery demonstration program
			(a)In
			 generalChapter 3 of title
			 23, United States Code, is amended by adding at the end the following:

					330.Use of State
				environmental laws
						(a)Demonstration
				programSubject to the
				requirements of this section, the Secretary shall carry out a demonstration
				program to permit an eligible State or a unit of local government in the State
				to carry out the responsibilities of the Secretary with respect to highway
				projects within the State under the National Environmental Policy Act of 1969
				(42 U.S.C. 4321 et seq.) through the implementation of the environmental laws
				of such State instead of Federal environmental laws.
						(b)Eligible States
				and local governmentsThe
				Secretary may permit a State or a unit of local government in the State to
				participate in the demonstration program only if the Secretary determines,
				after reviewing the environmental laws of the State and such other materials as
				the Secretary may require, that—
							(1)the environmental
				laws of the State provide a substantially equivalent level of environmental
				protection as applicable Federal laws;
							(2)participation by the State or a unit of
				local government in the State in the demonstration program will not diminish
				protection of the environment; and
							(3)the head of the State agency having primary
				jurisdiction over highway matters or the head of a unit of local government in
				the State having primary jurisdiction over highway matters in that unit enters
				into a written agreement with the Secretary described in
				subsection (d).
							(c)Final
				determinationThe Secretary
				shall make the final determination with regard to the participation of a State
				or a unit of local government in the State in the demonstration program within
				6 months after the date of enactment of the Environmental Review Cooperation Act.
						(d)Written
				AgreementA written agreement under this section shall—
							(1)be executed by the Governor or the
				top-ranking transportation official in the State who is charged with
				responsibility for highway construction or the head of a unit of local
				government in the State having primary jurisdiction over highway matters in
				that unit;
							(2)be in such form as
				the Secretary may prescribe;
							(3)provide that the
				State or the unit of local government—
								(A)agrees to assume
				all or part of the responsibilities of the Secretary described in
				subsection (a);
								(B)expressly
				consents, on behalf of the State or the unit of local government, to accept the
				jurisdiction of the Federal courts for the compliance, discharge, and
				enforcement of any responsibility of the Secretary assumed by the State or the
				unit of local government;
								(C)certifies that
				State laws (including regulations) are in effect that—
									(i)authorize the
				State or the unit of local government to take the actions necessary to carry
				out the responsibilities being assumed; and
									(ii)are comparable to
				section 552 of title 5, including providing that any decision regarding the
				public availability of a document under those State laws is reviewable by a
				court of competent jurisdiction; and
									(D)agrees to maintain
				the financial resources necessary to carry out the responsibilities being
				assumed.
								(e)Audits
							(1)In
				generalTo ensure compliance
				by a State or a unit of local government with any requirements for
				participating in the program under this section, the Secretary shall
				conduct—
								(A)semiannual audits
				during each of the first 2 years of participation in the program; and
								(B)annual audits
				during each subsequent year of participation in the program.
								(2)Public
				availability and comment
								(A)In
				generalAn audit conducted under
				paragraph (1) shall be provided to the
				public for comment.
								(B)ResponseNot
				later than 60 days after the date on which the period for public comment ends,
				the Secretary shall respond to public comments received under subparagraph
				(A).
								(f)Report to
				Congress
							(1)In
				generalNot later than 2 years after the date on which the first
				State is selected for participation in the demonstration program, and annually
				thereafter, the Secretary shall submit to Congress, and make available to the
				public, a report on the results of the demonstration program.
							(2)ContentsFor
				each reporting period, the report shall contain, at a minimum, the
				following:
								(A)A list identifying
				how many projects have been approved and completed under the demonstration
				program.
								(B)An assessment of
				whether delays were reduced and project delivery was enhanced as a result of
				the demonstration program.
								(C)An assessment of
				whether there have been any adverse impacts or risks to the environment as a
				result of the demonstration program.
								(g)Termination
							(1)In
				generalExcept as provided in
				paragraph (2), the program shall
				terminate on the date that is 7 years after the date of enactment of this
				section.
							(2)Termination by
				SecretaryThe Secretary may terminate the participation of any
				State or unit of local government in the program if—
								(A)the Secretary determines that the State or
				unit of local government is not adequately carrying out the responsibilities
				assigned to the State or unit of local government, respectively;
								(B)the Secretary provides to the State or unit
				of local government—
									(i)notification of
				the determination of noncompliance; and
									(ii)a
				period of at least 30 days during which to take such corrective action as the
				Secretary determines is necessary to comply with the applicable agreement;
				and
									(C)the State or unit of local government,
				after the notification and period provided under
				subparagraph (B), fails to take
				satisfactory corrective action, as determined by the
				Secretary.
								.
			(b)Conforming
			 changeThe analysis for chapter 3 of title 23, United States
			 Code, is amended by adding after the item related to section 329 the
			 following:

					330. Use of State environmental
				laws.

			3.Surface
			 transportation project delivery pilot programSection 327 of title 23, United States Code,
			 is amended—
			(1)in the section
			 heading by striking pilot;
			(2)in subsection
			 (a)(1) by striking pilot;
			(3)in subsection (a)(2)—
				(A)in subparagraph
			 (B) by striking clause (ii) and inserting the following:

						(ii)the Secretary may not assign any
				responsibility imposed on the Secretary by section 134 or
				135.
						;
				and
				(B)by adding at the
			 end the following:

						(F)Preservation of
				flexibilityThe Secretary
				shall not require a State, as a condition of participation in this program, to
				forego project delivery methods that are otherwise permissible for highway
				projects.
						(G)Highway
				projectA highway project under subparagraph (A) includes any
				project eligible under this title. With respect to such a project, a State may
				assume the responsibilities administered by the Federal Highway Administration,
				but the State may not assume the responsibilities of any other modal
				administration within the
				Department.
						;
				(4)in subsection
			 (b)—
				(A)by striking
			 paragraph (1) and inserting the following:

						(1)Participating
				States
							(A)In
				generalAll States are
				eligible to participate in the program.
							(B)Special
				ruleAny State participating
				in the program under this section on September 30, 2009, shall be permitted by
				the Secretary to continue to participate in the program and such State shall
				not have to submit an application under paragraph (2) in order to participate
				in the program.
							;
				and
				(B)in paragraph (2) by striking “this section,
			 the Secretary shall promulgate” and inserting “the
			 Environmental Review Cooperation
			 Act, the Secretary shall amend, as appropriate,”; and
				(5)by striking subsection (i) and inserting
			 the following:

					(i)TerminationThe Secretary may terminate the
				participation of any State in the program if—
						(1)the Secretary
				determines that the State is not adequately carrying out the responsibilities
				assigned to the State;
						(2)the Secretary provides to the State—
							(A)notification of
				the determination of noncompliance; and
							(B)a period of at
				least 30 days during which to take such corrective action as the Secretary
				determines is necessary to comply with the applicable agreement; and
							(3)the State, after
				the notification and period provided under paragraph (2), fails to take
				satisfactory corrective action, as determined by
				Secretary.
						.


		III
		111th CONGRESS
		1st Session
		S. RES. 108
		IN THE SENATE OF THE UNITED STATES

			April 22, 2009
			Mr. Leahy (for himself,
			 Mr. Gregg, Mr.
			 Feingold, Mr. Kennedy,
			 Mr. Sanders, Mr. Kerry, and Mr.
			 Chambliss) submitted the following resolution; which was considered
			 and agreed to

		RESOLUTION
		Commending Captain Richard Phillips, the
		  crew of the Maersk Alabama, and the United States Armed Forces,
		  recognizing the growing problem of piracy off Somalia’s coast, and urging the
		  development of a comprehensive strategy to address piracy and its root
		  causes.

		Whereas Somalia has been without a functioning central
			 government since 1991, resulting in lawlessness and an increasingly desperate
			 humanitarian situation;
		Whereas according to a Somali human rights group, violence
			 during the period from 2007 to 2009 has killed an estimated 16,000 people,
			 wounded more than 28,000 people, and displaced more than 1,000,000
			 people;
		Whereas these grim conditions and the absence of a
			 functioning government have made Somalia an ideal base for piracy operations
			 and a fertile ground for terrorist organizations, including the group
			 al-Shabaab, whose leaders have ties to al-Qaeda;
		Whereas acts of piracy off the coast of Somalia have been
			 on the rise for more than a year, with the International Maritime Bureau
			 reporting an estimated 111 attacks in 2008;
		Whereas on Wednesday, April 8, 2009, Somali pirates used
			 grappling hooks and weapons to board the Norfolk, Virginia-based container ship
			 Maersk Alabama, which was captained by Richard Phillips, a resident of
			 Underhill, Vermont, and crewed by 19 other citizens of the United States, and
			 which was delivering food aid from the World Food Programme to hungry people in
			 east Africa;
		Whereas Captain Phillips, a native of Winchester,
			 Massachusetts and a 1979 graduate of the Massachusetts Maritime Academy,
			 bravely led the Maersk Alabama crew in successfully retaking control of the
			 ship by offering himself as a hostage in exchange for the release of the
			 crew;
		Whereas 4 pirates took Captain Phillips into an 18-foot
			 lifeboat, held him captive at gunpoint, and repeatedly threatened to kill
			 him;
		Whereas the United States Central Command dispatched to
			 the scene the destroyer U.S.S. Bainbridge, which was joined in subsequent days
			 by the U.S.S. Halyburton and the U.S.S. Boxer, along with Navy SEAL teams,
			 Marine Corps helicopters, and other joint assets of the United States Armed
			 Forces;
		Whereas hostage recovery experts from the Federal Bureau
			 of Investigation gave guidance to the crew of the U.S.S. Bainbridge, while the
			 Department of State stayed in contact with Captain Phillips’ family, including
			 Phillips’ wife Andrea and their 2 children, Daniel and Mariah, in Underhill,
			 Vermont;
		Whereas Maersk Limited, based in Norfolk, Virginia, worked
			 diligently with the United States Armed Forces to try to obtain the release of
			 Captain Phillips and the Maersk Alabama crew and to move the ship safely to
			 port in Kenya, while sending personal representatives to Vermont to keep the
			 Phillips family informed;
		Whereas in the late evening of April 9, 2009, Captain
			 Phillips made an escape attempt, jumping into the water of the Indian Ocean to
			 swim for safety, only to be pursued by the pirates and quickly
			 recaptured;
		Whereas the President received regular briefings on the
			 hostage crisis and provided the authority necessary for the United States Armed
			 Forces to resolve it;
		Whereas on April 12, 2009, Easter Sunday, Captain Phillips
			 was rescued after the United States Armed Forces, which throughout the crisis
			 spared no effort to defuse the situation and peacefully rescue Phillips, took
			 the lives of 3 of the pirate captors when Phillips was seen to be in imminent
			 danger; and
		Whereas international commerce remains under threat while
			 Somali pirates continue to hold for ransom more than 200 crew members of many
			 nationalities: Now, therefore, be it

		That it is the sense of the Senate
			 that—
			(1)Captain Phillips
			 deserves the respect and admiration of all people of the United States for his
			 brave conduct under life-threatening circumstances;
			(2)the Senate shares
			 the sense of relief and gratitude felt by the family and shipmates of Captain
			 Phillips;
			(3)all members of
			 the United States Armed Forces involved in the rescue operation, in particular
			 members of the Navy and Navy SEAL teams who rescued Captain Phillips, the
			 officials of other Federal Government departments and agencies who contributed,
			 and the crew of the Maersk Alabama, are to be commended for their exceptional
			 efforts and devotion to duty; and
			(4)the President
			 should work with the international community and the transitional government of
			 Somalia to develop a comprehensive strategy to address both the burgeoning
			 problem of piracy and its root causes.


113 S984 IS: Conditioning United States-Egypt Military Exercises Act of 2013
U.S. Senate
2013-05-16
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.

		II
		113th CONGRESS
		1st Session
		S. 984
		IN THE SENATE OF THE UNITED STATES

			May 16, 2013
			Mr. Toomey introduced
			 the following bill; which was read twice and referred to the
			 Committee on Armed
			 Services

		A BILL
		To prohibit the use of funds for United States
		  participation in joint military exercises with Egypt if the Government of Egypt
		  abrogates, terminates, or withdraws from the 1979 Egypt-Israel peace treaty.

		1.Short titleThis Act may be cited as the
			 Conditioning United States-Egypt
			 Military Exercises Act of 2013.
		2.Contingent limitation
			 on availability of funds for United States participation in joint military
			 exercises with Egypt
			(a)LimitationNo amounts appropriated or otherwise made
			 available for the United States Government may be used for United States
			 participation in joint military exercises with Egypt if the Government of Egypt
			 abrogates, terminates, or withdraws from the 1979 Egypt-Israel peace treaty
			 signed at Washington, DC, on March 26, 1979.
			(b)WaiverThe
			 President may waive the limitation in subsection (a) if the President certifies
			 to Congress in writing that the waiver is in the national security interests of
			 the United States.


115 HR 5557 IH: Safe Disposal of Opioids Act of 2018
U.S. House of Representatives
2018-04-18
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
115th CONGRESS2d Session
H. R. 5557
IN THE HOUSE OF REPRESENTATIVES

April 18, 2018
Ms. Bonamici introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Comprehensive Addiction and Recovery Act of 2016 to authorize the Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, to award grants to covered entities to establish or maintain disposal sites for unwanted prescription medications, and for other purposes.

1.Short titleThis Act may be cited as the Safe Disposal of Opioids Act of 2018. 2.Grants for disposal sites for unwanted prescription medicationsSection 203 of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 822a) is amended by adding at the end the following:

(c)Grants for disposal sites for unwanted prescription medications
(1)Grants
(A)AwardsIn carrying out subsection (b), the Attorney General shall award grants to covered entities to establish or maintain disposal sites for unwanted prescription medications. (B)LimitationOf the total amount of awards under subparagraph (A) for a fiscal year, the Attorney General shall not award more than 10 percent to covered entities that are—
(i)State, local, or tribal law enforcement agencies; or (ii)manufacturers, distributors, or reverse distributors of prescription medications.
(2)Discounts for eligible patients
(A)In generalThe Secretary of Health and Human Services shall establish a mechanism by which amounts paid by an eligible patient for an active opioid are discounted at time of payment or purchase to ensure that such patient does not pay any amount attributable to a fee under paragraph (3), with as little burden on the patient as possible. (B)DefinitionFor purposes of subparagraph (A), the term eligible patient means—
(i)a patient for whom any active opioid (as so defined) is prescribed to treat pain relating to cancer or cancer treatment; (ii)a patient participating in hospice care; and
(iii)in the case of the death or incapacity of a patient described in subparagraph (A) or (B) or any similar situation as determined by the Secretary of Health and Human Services, the appropriate family member, medical proxy, or similar representative or the estate of such patient. (3)Fees (A)In generalThere is hereby imposed on the sale of any active opioid by the manufacturer, producer, or importer a fee equal to 1 cent per 100 milligrams so sold.
(B)Special rules
(i)DefinitionIn this paragraph, the term active opioid— (I)means any controlled substance (as defined in section 102 of the Controlled Substances Act, as in effect on the date of the Safe Disposal of Opioids Act of 2018) which is opium, an opiate, or any derivative thereof; and
(II)excludes any prescribed drug which is used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. (ii)Exclusion of other ingredientsIn the case of a product that includes an active opioid and another ingredient, subparagraph (A) shall apply only to the portion of such product that is an active opioid.
(4)Authorization of appropriationsFor fiscal year 2019 and each subsequent fiscal year, there is authorized to be appropriated to carry out this subsection an amount not to exceed the aggregate amount of the fees collected pursuant to paragraph (3)..


117 HR 2496 IH: For the relief of Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, and Edvin Oriany Perez Gonzalez.
U.S. House of Representatives
2021-04-13
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.

V117th CONGRESS1st SessionH. R. 2496IN THE HOUSE OF REPRESENTATIVESApril 13, 2021Mr. McGovern introduced the following bill; which was referred to the Committee on the JudiciaryA BILLFor the relief of Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, and Edvin Oriany Perez Gonzalez.1.Permanent resident status for Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, and Edvin Oriany Perez Gonzalez(a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, and Edvin Oriany Perez Gonzalez shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.(b)Adjustment of statusNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, if Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, or Edvin Oriany Perez Gonzalez enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.(c)Waiver of grounds for removal or denial of admission(1)In generalNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, and Edvin Oriany Perez Gonzalez may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act.(2)Recession of outstanding order of removalThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, or Edvin Oriany Perez Gonzalez by reason of any ground described in paragraph (1).(d)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.(e)Reduction of immigrant visa numberUpon the granting of an immigrant visa or permanent residence to Lucio Enrique Perez Ortiz, Dora Gonzalez Santizo, and Edvin Oriany Perez Gonzalez, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.


110 HR 2107 : To create the Office of Chief Financial

U.S. House of Representatives
2007-08-03
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.

		IIB
		110th CONGRESS
		1st Session
		H. R. 2107
		IN THE SENATE OF THE UNITED
		  STATES

			July 31, 2007
			Received

			August 3, 2007
			Read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To create the Office of Chief Financial
		  Officer of the Government of the Virgin Islands, and for other
		  purposes.

		1.Chief Financial Officer of
			 the Virgin Islands
			(a)Appointment of
			 Chief Financial Officer
				(1)In
			 generalThe Governor of the Virgin Islands shall appoint a Chief
			 Financial Officer, with the advice and consent of the Legislature of the Virgin
			 Islands, from the names on the list required under section 2(d). If the
			 Governor has nominated a person for Chief Financial Officer but the Legislature
			 of the Virgin Islands has not confirmed a nominee within 90 days after
			 receiving the list pursuant to section 2(d), the Governor shall appoint from
			 such list a Chief Financial Officer on an acting basis until the Legislature
			 consents to a Chief Financial Officer.
				(2)Acting Chief
			 Financial OfficerIf a Chief
			 Financial Officer has not been appointed under paragraph (1) within 180 days
			 after the date of the enactment of this Act, the Virgin Islands Chief Financial
			 Officer Search Commission, by majority vote, shall appoint from the names on
			 the list submitted under section 2(d), an Acting Chief Financial Officer to
			 serve in that capacity until a Chief Financial Officer is appointed under the
			 first sentence of paragraph (1). In either case, if the Acting Chief Financial
			 Officer serves in an acting capacity for 180 consecutive days, without further
			 action the Acting Chief Financial Officer shall become the Chief Financial
			 Officer.
				(b)Transfer of
			 functions
				(1)In
			 generalUpon the appointment of a Chief Financial Officer under
			 subsection (a), the functions of the Director of the Office of Management and
			 Budget established under the laws of the Virgin Islands shall be transferred to
			 the Chief Financial Officer. All employees of the Office of Management and
			 Budget become employees of the Office of the Chief Financial Officer.
				(2)Documents
			 providedThe heads of each department of the Government of the
			 Virgin Islands, in particular the head of the Department of Finance of the
			 Virgin Islands and the head of the Internal Revenue Bureau of the Virgin
			 Islands shall provide all documents and information under the jurisdiction of
			 that head that the Chief Financial Officer considers required to carry out his
			 or her functions to the Chief Financial Officer.
				(c)Duties of Chief
			 Financial OfficerThe duties of the Chief Financial Officer shall
			 include the following:
				(1)Assume the
			 functions and authority of the office of the Office of Management and Budget
			 established under the laws of the Virgin Islands as transferred under
			 subsection (b).
				(2)Develop a report on the financial status of
			 the Government of the Virgin Islands not later than 6 months after appointment
			 and quarterly thereafter. Such reports shall be available to the public and
			 shall be submitted to—
					(A)the Governor of
			 the Virgin Islands;
					(B)the legislature of the Virgin
			 Islands;
					(C)the Committee on
			 Natural Resources in the House of Representatives; and
					(D)the Committee on
			 Energy and Natural Resources in the Senate.
					(3)Each year certify
			 spending limits of the annual budget and whether or not the annual budget is
			 balanced.
				(4)Monitor operations of budget for compliance
			 with spending limits, appropriations, and laws, and, in consultation with the
			 Governor, direct adjustments where necessary.
				(5)Develop standards
			 for financial management, including inventory and contracting, for the
			 government of the Virgin Islands in general and for each agency in conjunction
			 with the agency head.
				(6)Oversee all aspects
			 of the implementation of the financial management system provided pursuant to
			 section 3 to ensure the coordination, transparency, and networking of all
			 agencies' financial, personnel, and budget functions.
				(7)Provide technical
			 staff to the Governor and legislature of the Virgin Islands for development of
			 a deficit reduction and financial recovery plan.
				(d)Deputy Chief
			 Financial OfficerUntil the date that is 5 years after the date
			 of the enactment of this Act, the position of the Director of the Office of
			 Management and Budget of the Virgin Islands shall—
				(1)have the duties,
			 salary (as specified in subsection (f)(3)), and other conditions of the Deputy
			 Chief Financial Officer in lieu of the duties, salary, and other conditions of
			 the Director of the Office of Management and Budget of the Virgin Islands as
			 such functions existed before the appointment of the Chief Financial Officer;
			 and
				(2)assist the Chief
			 Financial Officer in carrying out the duties of the Chief Financial
			 Officer.
				(e)Conditions
			 related to Chief Financial Officer
				(1)TermThe Chief Financial Officer shall be
			 appointed for a term of 5 years or until the adoption and ratification of a
			 Constitution by the Virgin Islands, whichever occurs first.
				(2)RemovalThe
			 Chief Financial Officer shall not be removed except for cause. An Acting Chief
			 Financial Officer may be removed for cause or by a Chief Financial Officer
			 appointed with the advice and consent of the Legislature of the Virgin
			 Islands.
				(3)ReplacementIf
			 the Chief Financial Officer is unable to continue acting in that capacity due
			 to removal, illness, death, or otherwise, another Chief Financial Officer shall
			 be selected in accordance with subsection (a).
				(4)SalaryThe Chief Financial Officer shall be paid
			 at a salary to be determined by the Governor of the Virgin Islands, except such
			 rate may not be less than the highest rate of pay for a cabinet officer of the
			 Government of the Virgin Islands or a Chief Financial Officer serving in any
			 government or semi autonomous agency.
				(f)Conditions
			 related to Deputy Chief Financial Officer
				(1)Term;
			 RemovalThe Deputy Chief Financial Officer shall serve at the
			 pleasure of the Chief Financial Officer.
				(2)ReplacementIf the Deputy Chief Financial Officer is
			 unable to continue acting in that capacity due to removal, illness, death, or
			 otherwise, another person shall be selected by the Governor of the Virgin
			 Islands to serve as Deputy Chief Financial Officer.
				(3)SalaryThe
			 Deputy Chief Financial Officer shall be paid at a salary to be determined by
			 the Chief Financial Officer, except such rate may not be less than the rate of
			 pay of the Director of the Office of Management and Budget.
				(g)Resumption of
			 functionsOn the date that is
			 5 years after the date of the enactment of this Act or upon the adoption and
			 ratification of a Constitution by the Virgin Islands, whichever occurs first,
			 the functions of the Chief Financial Officer shall be transferred to the
			 Director of the Office of Management and Budget of the Virgin Islands.
			(h)SunsetThis
			 section shall cease to have effect after the date that is 5 years after the
			 date of the enactment of this Act.
			2.Establishment of
			 Commission
			(a)EstablishmentThere
			 is established a commission to be known as the Virgin Islands Chief
			 Financial Officer Search Commission.
			(b)Duty of
			 CommissionThe Commission
			 shall recommend to the Governor not less than 3 candidates for nomination as
			 Chief Financial Officer of the Virgin Islands. Each candidate must have
			 demonstrated ability in general management of, knowledge of, and extensive
			 practical experience at the highest levels of financial management in
			 governmental or business entities and experience in the development,
			 implementation, and operation of financial management systems. Candidates shall
			 not have served in a policy making or unclassified position of the Government
			 of the Virgin Islands in the 10 years immediately preceding appointment as
			 Chief Financial Officer.
			(c)Membership
				(1)Number and
			 appointmentThe Commission shall be composed of 9 members
			 appointed not later than 30 days after the date of the enactment of this Act.
			 Persons appointed as members must have recognized business, government, or
			 financial expertise and experience, and shall be appointed as follows:
					(A)1 individual
			 appointed by the Governor of the Virgin Islands.
					(B)1 individual
			 appointed by the President of the Legislature of the Virgin Islands.
					(C)1 individual, who
			 is an employee of the Government of the Virgin Islands, appointed by the
			 Central Labor Council of the Virgin Islands.
					(D)1 individual
			 appointed by the Chamber of Commerce of St. Thomas-St. John.
					(E)1 individual
			 appointed by the Chamber of Commerce of St. Croix.
					(F)1 individual
			 appointed by the President of the University of the Virgin Islands.
					(G)1 individual
			 appointed by the Chief Judge of the Virgin Islands Supreme Court.
					(H)1 individual, who
			 is a resident of St. John, jointly appointed by the At-Large Member of the
			 Legislature of the Virgin Islands and the St. John administrator.
					(I)1 individual appointed by the Advocates for
			 the Preservation of the Retirement System.
					(2)Terms
					(A)In
			 generalEach member shall be appointed for the life of the
			 Commission.
					(B)VacanciesA
			 vacancy in the Commission shall be filled in the manner in which the original
			 appointment was made. Any member appointed to fill a vacancy shall be appointed
			 for the remainder of that term.
					(3)Basic
			 payMembers shall serve without pay.
				(4)QuorumFive
			 members of the Commission shall constitute a quorum.
				(5)Chairperson
					(A)In
			 generalThe Chairperson of the Commission shall be determined by
			 a majority vote of the members of the Commission.
					(B)Chairperson pro
			 temUntil the Commission elects a Chairperson under subparagraph
			 (A), the Chairperson pro tem shall be the individual appointed under paragraph
			 (1)(G).
					(6)Meetings
					(A)In
			 generalThe Commission shall meet at the call of the Chairperson
			 or the Chairperson pro tem.
					(B)Initial
			 meetingNot later than 15 days after all members have been
			 appointed under this subsection, the Commission shall have its initial meeting
			 at the call of the Chairperson pro tem.
					(7)Government
			 employmentMembers may not be current government employees,
			 except for the member appointed under paragraph (1)(C).
				(d)Report;
			 recommendationsThe Commission shall transmit a report to the
			 Governor and the Natural Resources Committee of the House of Representatives
			 and the Committee on Energy and Natural Resources of the Senate not later than
			 60 days after its first meeting. The report shall name the Commission’s
			 recommendations for candidates for nomination as Chief Financial Officer of the
			 Virgin Islands.
			(e)TerminationThe
			 Commission shall terminate 210 days after its first meeting.
			3.DefinitionsFor the purposes of this Act, the following
			 definitions apply:
			(1)Chief Financial
			 OfficerIn sections 1 and 2, the term Chief Financial
			 Officer means a Chief Financial Officer or Acting Chief Financial
			 Officer, as the case may be, appointed under section 1(a).
			(2)CommissionThe
			 term Commission means the Virgin Islands Chief Financial Officer
			 Search Commission established pursuant to section 2.
			(3)GovernorThe
			 term Governor means the Governor of the Virgin Islands.
			(4)Removal for
			 causeThe term removal for cause means removal based
			 upon misconduct, failure to meet job requirements, or any grounds that a
			 reasonable person would find grounds for discharge.
			4.No
			 Abrogation of PowersNothing
			 in this Act shall be construed to allow the Governor and Legislature of the
			 Virgin Islands to dilute, delegate, or otherwise alter or weaken the powers and
			 authority of the Office of Management and Budget established under the laws of
			 the Virgin Islands.

			Passed the House of
			 Representatives July 30, 2007.
			Lorraine C. Miller,
			Clerk.


116 HR 5139 IH: Military Justice Transparency Act
U.S. House of Representatives
2021-08-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5139IN THE HOUSE OF REPRESENTATIVESAugust 31, 2021Mr. Jones (for himself and Ms. Escobar) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to carry out activities to detect and address racial, ethnic, and gender disparities in the military justice system, and for other purposes.1.Short titleThis Act may be cited as the Military Justice Transparency Act.2.Improvements relating to racial, ethnic, and gender disparities in the military justice system(a)In generalIn addition to the activities required under section 540I of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 801 note), the Secretary of Defense shall carry out the activities described in subsection (b) to further detect and address racial, ethnic, and gender disparities in the military justice system.(b)Data recordingBeginning not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall require each Secretary concerned to—(1)record the race, ethnicity, and gender of the victim and the accused for each investigation of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) conducted after the date of the enactment of this Act by an Armed Force under the jurisdiction of such Secretary;(2)(A)record the race, ethnicity, and gender of each individual against whom non-judicial punishment is imposed under section 815 of such chapter (article 15 of the Uniform Code of Military Justice) after the date of the enactment of this Act by an Armed Force under the jurisdiction of such Secretary; and(B)set forth such information separately for each type of non-judicial punishment imposed;(3)(A)record the race, ethnicity, and gender of each individual convicted in a court-martial conducted after the date of the enactment of this Act by an Armed Force under the jurisdiction of such Secretary; and(B)set forth such information separately by the type of court-martial, the offense involved, and the case outcome; and(4)publish the data described in subparagraphs (A) through (C) in the annual military justice reports of the Armed Forces under the jurisdiction of such Secretary.(c)BriefingNot later than 30 days after the date on which the annual military justice reports of the Armed Forces for fiscal year 2022 have been submitted to Congress, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the strategy of the Secretary to detect and address racial, ethnic, and gender disparities in the military justice system.(d)Comptroller General reportNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing—(1)the findings of the Government Accountability Office regarding racial disparities in the military justice system;(2)any steps being taken by the Secretary of Defense to address racial disparities in the military justice system; and(3)the status of implementation by each Secretary concerned of the recommendations set forth in the report of the Government Accountability Office titled Military Justice: DOD and the Coast Guard Need to Improve Their Capabilities to Assess Racial and Gender Disparities (GAO–19–344), dated May 2019.(e)Secretary concerned definedIn this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.


I
One Hundred Eleventh Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
H. R. 5682

AN ACT
To improve the operation of certain facilities and programs of the House of Representatives, and for other purposes.

1.Membership in House of Representatives Exercise Facility for Active Duty Armed Forces Members Assigned to Congressional Liaison OfficeAny active duty member of the Armed Forces who is assigned to a congressional liaison office of the Armed Forces at the House of Representatives may obtain membership in the exercise facility established for employees of the House of Representatives (as described in section 103(a) of the Legislative Branch Appropriations Act, 2005) in the same manner as an employee of the House of Representatives, in accordance with such regulations as the Committee on House Administration may promulgate.
2.Revolving Fund for House Child Care Center
(a)Conversion of House Child Care Center Account Into Revolving Fund
(1)In generalSection 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2 U.S.C. 2062(d)(1)) is amended to read as follows:

(1)There is established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the House Child Care Center Revolving Fund (hereafter in this section referred to as the Fund), consisting of the amounts received under subsection (c) and any other funds deposited by the Chief Administrative Officer of the House of Representatives from amounts received by the House of Representatives with respect to the operation of the center. Except as provided in paragraphs (2) and (3), the Fund shall be the exclusive source for all salaries and expenses for activities carried out under this section. .
(2)Transfer of existing accountAny amounts in the account established by section 312(d)(1) of such Act as of the day before the effective date of this section, together with any amounts in the House Services Revolving Fund as of the effective date of this section which, at the time of deposit into the House Services Revolving Fund, were designated for purposes of the House Child Care Center, shall be transferred to the House Child Care Center Revolving Fund established by such section, as amended by paragraph (1).
(b)Transfer AuthoritySection 312 of such Act (2 U.S.C. 2062) is amended—
(1)by redesignating subsection (e) as subsection (f); and
(2)by inserting after subsection (d) the following new subsection:

(e)The Fund shall be treated as a category of allowances and expenses for purposes of section 101(a) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(a))..
(c)Effective DateThis section and the amendments made by this section shall take effect October 1, 2010, and shall apply with respect to fiscal year 2011 and each succeeding fiscal year.
3.Miscellaneous Technical Corrections
(a)The second undesignated paragraph under the heading Under Superintendent of the Capitol Buildings and Grounds in the Act of April 28, 1902 (chapter 594; 32 Stat. 125; 2 U.S.C. 2012) is amended to read as follows:

The Chief Administrative Officer of the House of Representatives shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the Chief Administrative Officer. .
(b)Effective as if included in the enactment of Public Law 111–145, section 3 of House Resolution 661, Ninety-fifth Congress, agreed to July 29, 1977 (2 U.S.C. 84–2), is restored into permanent law.
4.PAYGO ComplianceThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 2283 IH: Eliminate Gas Price Discrimination

U.S. House of Representatives
2007-05-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2283
		IN THE HOUSE OF REPRESENTATIVES

			May 10, 2007
			Ms. Slaughter (for
			 herself, Mr. Larson of Connecticut,
			 Mr. Ackerman,
			 Mr. Hinchey,
			 Mr. Grijalva,
			 Mr. DeFazio,
			 Mr. Cleaver,
			 Mr. Space, and
			 Mr. Shays) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To prohibit anticompetitive provisions in gasoline dealer
		  franchise agreements that dictate the wholesale source of
		  gasoline.

		1.Short titleThis Act may be cited as the
			 Eliminate Gas Price Discrimination
			 Act.
		2.Gasoline franchise
			 conditions
			(a)AmendmentTitle I of the Petroleum Marketing
			 Practices Act (15 U.S.C. 2801–2806) is amended by adding at the end the
			 following new section:

					107.Limitation on conditionsNo franchise may include as a condition a
				limitation on the source from which a franchisee may obtain motor fuel, except
				that the franchisee may be required to obtain only motor fuels with respect to
				which the franchisor, or the refiner that supplies the franchisor, owns or
				controls a
				trademark.
					.
			(b)Clerical
			 amendmentThe table of contents of the Petroleum Marketing
			 Practices Act is amended by adding after the item relating to section 106 the
			 following new item:

						Sec. 107. Limitation on
				conditions.

					.


115 HR 6180 IH: Mental Health Care for Children Inhumanely Separated from Parents by the Federal Government Act of 2018
U.S. House of Representatives
2018-06-21
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. 6180IN THE HOUSE OF REPRESENTATIVESJune 21, 2018Ms. Barragán (for herself, Mr. Thompson of Mississippi, Mr. Blumenauer, and Ms. Clarke of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Federal Government to provide mental health services to each child who has been
			 separated from one or more parent as a result of implementation of the
			 Trump Administration’s zero tolerance policy at the United States border,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Mental Health Care for Children Inhumanely Separated from Parents by the Federal Government Act of 2018.
		2.Findings; Sense of Congress
 (a)FindingsCongress finds the following: (1)On April 6, 2018, Attorney General Jeff Sessions announced that the Trump Administration would begin implementing a new zero tolerance policy for immigrants crossing the border into the United States illegally.
 (2)Between April 19 and May 31, 2018, 1,995 children were separated by the Department of Homeland Security from their migrant parents at the border.
 (3)On May 8, 2018, the president of the American Academy of Pediatrics issued a statement opposing separation of children and parents at the border, explaining that highly stressful experiences, like family separation, can cause irreparable harm, disrupting a child’s brain architecture and affecting his or her short- and long-term health. This type of prolonged exposure to serious stress—known as toxic stress—can carry lifelong consequences for children..
 (4)On May 29, 2018, the president of the American Psychological Association issued a statement regarding the traumatic effects of separating immigrant families, explaining that [t]he longer that children and parents are separated, the greater the reported symptoms of anxiety and depression for the children. Negative outcomes for children include psychological distress, academic difficulties and disruptions in their development..
 (b)Sense of CongressIt is the sense of Congress that the separation of children from migrating parents, as is resulting from the Trump Administration’s implementation of the zero tolerance immigration policy, is cruel, inhumane, and harmful to the mental health of separated children.
			3.Mental health services for children separated by the Department of Homeland Security at the border
 (a)In generalThe Federal Government shall, including through contracts with qualified mental health professionals, ensure that—
 (1)beginning not later than 24 hours after a child is separated from one or more parent by the Department of Homeland Security at the United States border, such child receives a mental health assessment by such a professional who is not employed by the Federal Government;
 (2)not later than 24 hours after the date of the enactment of this Act, any child who was separated from one or more parent at the United States border at any time on or after April 6, 2018, shall receive a mental health assessment from such a professional who is not employed by the Federal Government;
 (3)on an ongoing basis and as described in subsection (c), a child described in paragraph (1) or (2) is, subject to subsection (b), provided with mental health services by such a professional regardless of whether such child remains in a detention center or is released to a family member or guardian (provided such child remains in the United States) and an adequate network of such professionals is available nationwide to enable access to such services; and
 (4)100 percent of the costs of such assessment and services provided to a child pursuant to this subsection are covered by the Federal Government, without any cost-sharing or other related obligation with respect to such assessment or services provided to such child.
 (b)Opt-OutAfter release from a detention center, the parent or legal guardian of a child described in subsection (a) may choose for such child to not receive services otherwise made available pursuant to paragraph (3) of such subsection and to not be provided an independent assessment described in subsection (c).
 (c)TerminationOn an annual basis, a child receiving mental health services provided pursuant to subsection (a)(3) shall be subject to an independent assessment by a qualified mental health professional who is not directly involved in the provision of mental health services to such child and who is not employed by the Federal Government to determine whether such child continues to need such services or if such services should be terminated. In the case a determination is made pursuant to the previous sentence that such services should be terminated, the requirements under subsection (a) with respect to such child shall terminate. Prior to the termination of services, the qualified mental health professional involved in the provision of mental health services to such child shall consult the parent or guardian of such child in planning for reducing and then terminating such services.
 (d)Qualified mental health professional definedIn this section, the term qualified mental health professional means a provider of mental health services who is eligible to participate as such a provider under a State plan under the Medicaid program under title XIX of the Social Security Act or under a State child health plan under the Children’s Health Insurance Program under title XXI of such Act and who—
 (1)has training in the treatment of mental illness in children and adolescents; and (2)agrees to maintain patient records for children and adolescents receiving mental health services under this Act in accordance with State and Federal health information privacy and security laws in the same manner and to the same extent as such provider would be required under such laws to maintain such records for such children and adolescents if such children and adolescents were nationals of the United States (as such term is defined in paragraph (22) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).


113 HRES 47 IH: Expressing the sense of the House of Representatives that the Citizens’ Stamp Advisory Committee, as an entity of the United States Postal Service, should issue a commemorative stamp in honor of the holiday of Diwali.
U.S. House of Representatives
2013-01-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 47
		IN THE HOUSE OF REPRESENTATIVES

			January 25, 2013
			Mrs. Carolyn B. Maloney of New
			 York (for herself, Ms. Meng,
			 and Ms. Bera of California) submitted
			 the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the Citizens’ Stamp Advisory Committee, as an entity of
		  the United States Postal Service, should issue a commemorative stamp in honor
		  of the holiday of Diwali.

		Whereas Diwali, also referred to as the festival of
			 lights, is an Indian holiday that also marks the beginning of the Hindu
			 New Year;
		Whereas Diwali celebrates the triumph of good over evil,
			 the awareness of one’s inner light, the dispelling of ignorance, and bringing
			 peace and joy through the awakening gained from this higher knowledge;
		Whereas the holiday of Diwali is observed in America, and
			 across the globe, by Hindus, Sikhs, Christians, Jains, and Buddhists;
		Whereas as one of the world’s oldest religious holidays,
			 Diwali serves not only as a time for celebration, but also as a time for
			 communities and families to come together in spiritual enlightenment;
		Whereas the practice of Diwali has survived political,
			 economic and social changes throughout history, while always carrying the
			 universal symbolism of the victory of light, goodness, knowledge, and
			 truth;
		Whereas the United States Postal Service, through the
			 decisions of the Citizens’ Stamp Advisory Committee, has issued stamps for
			 other popular holidays in the United States, including Christmas, Kwanzaa,
			 Hanukkah, and Eid;
		Whereas the United States Postal Service is yet to issue a
			 stamp in honor of the holiday of Diwali; and
		Whereas issuing a postage stamp honoring the holiday of
			 Diwali is fitting and proper: Now, therefore, be it

		That it is the sense of the House of
			 Representatives that—
			(1)the United States
			 Postal Service should issue a postage stamp honoring the holiday of Diwali;
			 and
			(2)the Citizens'
			 Stamp Advisory Committee should recommend to the Postmaster General that such a
			 stamp be issued.


116 S3476 IS: Coronavirus Worker Relief Act
U.S. Senate

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

II116th CONGRESS2d SessionS. 3476IN THE SENATE OF THE UNITED STATESMarch 12, 2020Mr. Peters (for himself, Mr. Daines, Mr. Blumenthal, Ms. Klobuchar, Ms. Hirono, Mr. Romney, Mr. Schatz, and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo provide for unemployment benefits to workers affected by the 2019 Novel Coronavirus.1.Short titleThis Act may be cited as the Coronavirus Worker Relief Act.2.Emergency declarations or disaster declarations for coronavirus(a)DefinitionsIn this section, the definitions in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) shall apply. (b)AuthorityIn any emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) related to the 2019 Novel Coronavirus, in addition to the assistance authorized by section 502 of such Act, the President may provide assistance under section 410 of such Act (42 U.S.C. 5177) for unemployment and lost wages, including by expanding the eligibility for assistance in accordance with subsection (d). (c)Application to major disaster declarationsFor any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) for the 2019 Novel Coronavirus, the expanded eligibility criteria in subsection (d) shall apply.(d)Additional eligibility criteriaIn addition to the eligibility criteria for individuals established under section 410 of Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177), individuals in an area for which an emergency declaration or disaster declaration for the 2019 Novel Coronavirus described in subsection (b) is declared shall be eligible for unemployment assistance under such section 410 if—(1)the individual has experienced a week of unemployment in the area with an active emergency declaration or disaster declaration for the 2019 Novel Coronavirus, and as a result of the 2019 Novel Coronavirus; (2)the individual has good cause to voluntarily reduce regular work hours or refuse a bona fide offer of employment, or, in the case of an unemployed self-employed individual, refuse to resume or commence suitable self-employment, for a reason such as illness or incapacity, family crises, or changed individual or family circumstances in the area for which the emergency declaration or disaster declaration was issued, and as a result of the 2019 Novel Coronavirus; or(3)the individual is unable to work due to the result of the immediate Federal, State, Tribal, or local government response to the 2019 Novel Coronavirus, such as—(A)the inaccessibility of the place of employment in the area for which the emergency declaration or disaster declaration was issued due to closure of the place of employment by or at the request of the Federal, State, Tribal, or local government as a result of the 2019 Novel Coronavirus; or(B)the employer of the individual, or the business in the case of a unemployed self-employed individual, prior to the emergency declaration or disaster declaration being issued, received at least a significant amount of the revenue or income of the employer or business, as the case may be, from entities that—(i)are located in the area for which the emergency declaration or disaster declaration was issued; and(ii)were closed by the Federal, State, Tribal, or local government in immediate response to the 2019 Novel Coronavirus. (e)Minimum amount of assistanceThe assistance authorized under this section for a week of unemployment shall be not less than the weekly amount authorized under the unemployment compensation law of the State for which the emergency declaration or disaster declaration was issued.(f)Waiver of State requirementsNotwithstanding State law, for purposes of assistance authorized under this section—(1)the requirement that an individual be able to work, available to work, and actively seeking work shall not apply; and(2)compensation under section 410 of Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177) shall be made to an individual otherwise eligible for such compensation without any waiting period.