116 HR 8414 IH: Strengthening Youth Apprenticeships Act of 2020
U.S. House of Representatives
2020-09-29
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
116th CONGRESS2d Session
H. R. 8414
IN THE HOUSE OF REPRESENTATIVES

September 29, 2020
Mr. Castro of Texas (for himself, Mr. Guthrie, and Ms. Spanberger) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL
To direct the Secretary of Labor to award grants to eligible entities to carry out or expand youth apprenticeship programs.

1.Short titleThis Act may be cited as the Strengthening Youth Apprenticeships Act of 2020. 2.Interagency agreement (a)In generalNot later than 1 year after the effective date of the National Apprenticeship Act of 2020, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall—
(1)enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and (2)submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement.
(b)Alignment for youth apprenticeshipsIn order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide— (1)information and resources to—
(A)parents and students to promote a better understanding of programs under the national apprenticeship system and their value in secondary and postsecondary education and career pathways by not later than middle school; and (B)school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and
(2)technical assistance on how to— (A)align related instruction and apprenticeable occupation skills and competencies to high school graduation requirements;
(B)offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)); (C)facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and
(D)align activities carried out under this Act with eligible funding from, and planning processes, for the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, and the Higher Education Act of 1965. 3.Grant program authorized (a)In generalFrom the amounts appropriated under section 7, the Secretary of Labor, in consultation with the Secretary of Education, shall award grants to eligible entities to create or expand youth apprenticeship programs.
(b)PriorityIn awarding grants under this Act, the Secretary shall prioritize eligible entities that will use the grant to carry out or expand youth apprenticeship programs for individuals that include nontraditional apprenticeship populations. (c)Geographic distributionIn awarding grants under this subsection, the Secretary shall, to the extent practicable, ensure an equitable geographic distribution of grants, including an equitable distribution among States, within States, and to urban and rural areas
4.ApplicationsAn eligible entity desiring to receive a grant under this Act shall submit an application to the Secretary, at such time, in such manner, and which shall include the following: (1)How the youth apprenticeship program the eligible entity will expand or carry out using the grant will meet the best practices and joint guidance developed under section 2.
(2)How such program will be aligned with and fulfill the indicators described in section 6(a). (3)How such program will prepare individuals for work in high-skill, high-wage, or in-demand industry sectors or occupations.
(4)How such program will recruit and retain to ensure that non-traditional apprenticeship populations participate in such program. (5)How such program will, to the extent practicable, align with high school diploma requirements and career cluster.
(6)The ability of the applicant, directly or through partners to enroll, instruct, advance, and graduate youth apprentices served by the grant activities, and enable the participants to enroll in further education, gain employment after program completion. (7)An assurance that the eligible entity will—
(A)provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out; (B)make program performance outcome data available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g)) to independent evaluators to enable the evaluators to prepare the evaluations and reports under section 6; and
(C)coordinate grant activities with a State Apprenticeship Agency, if such agency exists in the State where the eligible entity is applying for a grant or carrying out activities. 5.Grant uses of funds (a)In generalAn eligible entity that receives a grant under this Act shall use the grant funds that are not reserved under subsection (b) to carry out or expand a youth apprenticeship program, which may include using the grant funds for 1 or more of the following:
(1)Recruitment, retention, and completion of such program. (2)Program alignment with the challenging State academic standards adopted by the State in which the program will be expanded or carried out under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) with the technical skills and career competencies that are applicable to and transferable to high-skill, high-wage, or in-demand industry sectors or occupations.
(3)Paying for the costs associated with curriculum development and alignment of that curriculum with industry-recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment. (4)Facilitating or expanding partnerships with a community college or consortium of community colleges to help with transferability of credits and the increased use of dual and concurrent enrollment programs.
(5)Engaging employers for participation in youth apprenticeship programs, which may include: (A)Creating and expanding industry or sector partnerships for the purpose of supporting new program development or program expansion.
(B)Providing employers technical assistance to support the participation of youth apprentices under the age of 18. (C)Providing technical assistance to support the participation of small- and medium-sized businesses in youth apprenticeship programs.
(6)Providing supportive services and career planning activities, including career exploration of postsecondary opportunities such as apprenticeship programs, for the participants of the youth apprenticeship program, which may include— (A)promoting the early exposure of students to the opportunities and requirements of apprenticeship programs;
(B)creating opportunities for students to explore a career and develop occupational skills while in high school; and (C)supporting the costs associated with fees, transportation, child care, or mobility challenges.
(7)Providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships. (b)Reservation of fundsAn eligible entity that receives a grant under this Act shall reserve not less than 5 percent of the grant funds to provide direct financial assistance for recruitment, retention, and completion efforts with respect to the youth apprenticeship program, such as housing, transportation, childcare, food insecurity, and health issues.
6.Evaluation
(a)In generalEach eligible entity receiving a grant under this Act shall submit, on an annual basis, to the Secretary a performance report with respect to the participants of the youth apprenticeship program receiving assistance under this Act that measures— (1)the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program;
(2)the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; (3)the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program;
(4)the percentage of program participants who obtain, during participation in or within 1 year after exit from the program— (A)a recognized postsecondary credential; or
(B)a secondary school diploma or its recognized equivalent, as measured by— (i)the four-year adjusted cohort graduation rate (defined in section 8101 of the Elementary and Secondary Education Act of 1965); and
(ii)at the State’s discretion, the extended-year adjusted cohort graduation rate defined in such section 8101; (5)the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and
(6)the percentage of program participants who are in employment, an apprenticeship, or other education and training activities in an industry sector or occupation for which the youth apprenticeship program provides preparation. (b)DisaggregationEach performance report submitted under subsection (a) shall be disaggregated by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)).
7.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2021 and each of the 4 succeeding fiscal years. 8.DefinitionsIn this Act:
(1)Apprenticeship programThe term apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2)Community collegeThe term community college means a public institution of higher education at which the highest degree awarded is an associate’s degree.
(3)Eligible entityThe term eligible entity means a partnership that— (A)shall include—
(i)1 or more of the entities listed in clauses (i) through (iv) or clause (vii) of section 3(19)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(19)(A)); and (ii)1 or more community colleges; and
(B)to the extent practicable, shall include— (i)a State or local board;
(ii)an industry or sector partnership;  (iii)a community-based organization; and
(iv)the State Apprenticeship Agency, if such agency exists in the State in which the grant is awarded. (4)ESEA termsThe terms dual or concurrent enrollment program, English learner, high school, local educational agency, and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6)Non-traditional apprenticeship populationsThe term non-traditional apprenticeship populations means individuals who are of a gender or from a race or ethnicity that comprises less than 25 percent of the individuals participating in apprenticeship programs.
(7)WIOA termsThe terms local board, community-based organization, in-demand industry sector or occupation, and industry or sector partnership have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (8)Youth apprenticeship programThe term youth apprenticeship program means a program designed for youth apprentices who at the start of the program are enrolled in high school and includes each of the following core elements:
(A)The employment and training to be received by each youth apprentice participating in the program, including— (i)an outline of the work processes or plan in which the youth apprentice will receive supervised work experience and training on the job or in an experiential setting;
(ii)the allocation of the approximate amount of time to be spent in each major work process; (iii)mentoring that will be provided to the youth apprentice; and
(iv)a description or timeline explaining the periodic reviews and evaluations of the youth apprentice’s performance on the job and in related instruction. (B)A process for maintaining appropriate progress records, including the evaluations described in section 6.
(C)Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and is, to the extent practicable, aligned with high school diploma requirements and career clusters. (D)A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice.
(E)Provides all individuals with an equal opportunity to participate in youth apprenticeships under the program, including through the method for the selection of youth apprentices. (F)The methods used to measure skill acquisition for an apprentice, including ongoing assessment against established skill and competency standards, established against skill and competency standards.
(G)Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program. (H)The program—
(i)has adequate and safe equipment, environments, and facilities for training and supervision; (ii)provides safety training on-the-job and in related instruction as applicable by apprenticeable occupation; and
(iii)provides adequate training for mentors and qualified instructors on providing a safe work and training environment. (I)The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and culminates in a recognized postsecondary credential.
(J)The program provides that an individual who is to become a youth apprentice enters into a written apprenticeship agreement with the sponsor of the program.


110 HR 7118 IH: Travelers’ Privacy Protection Act of

U.S. House of Representatives
2008-09-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 7118
		IN THE HOUSE OF REPRESENTATIVES

			September 26, 2008
			Mr. Smith of
			 Washington introduced the following bill; which was referred to the
			 Committee on Homeland
			 Security, 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
			 concerned

		A BILL
		To protect citizens and legal residents of the United
		  States from unreasonable searches and seizures of electronic equipment at the
		  border, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Travelers’ Privacy Protection Act of
			 2008.
		2.FindingsCongress finds the following:
			(1)Law-abiding
			 citizens and legal residents of the United States, regardless of their race,
			 ethnicity, religion, or national origin, have a reasonable expectation of
			 privacy in the contents of their laptops, cell phones, personal handheld
			 devices, and other electronic equipment.
			(2)The Department of
			 Homeland Security has taken the position that laptops and other electronic
			 devices should not be treated any differently from suitcases or other
			 closed containers and may be inspected by customs or immigration
			 agents at the border or in international airports without suspicion of
			 wrongdoing.
			(3)The Department of
			 Homeland Security published a policy on July 16, 2008, allowing customs and
			 immigration agents at the border and in international airports to
			 detain electronic equipment and review and
			 analyze the contents of electronic equipment absent
			 individualized suspicion. The policy applies to any person entering the
			 United States, including citizens and other legal residents of the United
			 States returning from overseas travel.
			(4)The privacy
			 interest in the contents of a laptop computer differs in kind and in amount
			 from the privacy interest in other closed containers for many
			 reasons, including the following:
				(A)Unlike any other
			 closed container that can be transported across the border,
			 laptops and similar electronic devices can contain the equivalent of a full
			 library of information about a person, including medical records, financial
			 records, e-mails and other personal and business correspondence, journals, and
			 privileged work product.
				(B)Most people do not
			 know, and cannot control, all of the information contained on their laptops,
			 such as records of websites previously visited and deleted files.
				(C)Electronic search
			 tools render searches of electronic equipment more invasive than searches of
			 physical locations or objects.
				(5)Requiring citizens
			 and other legal residents of the United States to submit to a government review
			 and analysis of thousands of pages of their most personal information without
			 any suspicion of wrongdoing is incompatible with the values of liberty and
			 personal freedom on which the United States was founded.
			(6)Searching the
			 electronic equipment of persons for whom no individualized suspicion exists is
			 an inefficient and ineffective use of limited law enforcement resources.
			(7)Some citizens and
			 legal residents of the United States who have been subjected to electronic
			 border searches have reported being asked inappropriate questions about their
			 religious practices, political beliefs, or national allegiance, indicating that
			 the search may have been premised in part on perceptions about their race,
			 ethnicity, religion, or national origin.
			(8)Targeting citizens
			 and legal residents of the United States for electronic border searches based
			 on race, ethnicity, religion, or national origin is wholly ineffective as a
			 matter of law enforcement and repugnant to the values and constitutional
			 principles of the United States.
			3.DefinitionsIn this Act:
			(1)BorderThe
			 term border includes the border and the functional equivalent of
			 the border.
			(2)CopiesThe
			 term copies, as applied to the contents of electronic equipment,
			 includes printouts, electronic copies or images, or photographs of, or notes
			 reproducing or describing, any contents of the electronic equipment.
			(3)ContrabandThe
			 term contraband means any item the importation of which is
			 prohibited by the laws enforced by officials of the Department of Homeland
			 Security.
			(4)Electronic
			 equipmentThe term electronic equipment has the
			 meaning given the term computer in section 1030(e)(1) of title 18,
			 United States Code.
			(5)Foreign
			 intelligence informationThe term foreign intelligence
			 information means information described in section 101(e)(1) of the
			 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(e)(1)).
			(6)Foreign
			 intelligence surveillance courtThe term Foreign
			 Intelligence Surveillance Court means the court established under
			 section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
			 1803(a)).
			(7)Officials of the
			 Department of Homeland SecurityThe term officials of the
			 Department of Homeland Security means officials and employees of the
			 Department of Homeland Security, including officials and employees of U.S.
			 Customs and Border Protection and U.S. Immigration and Customs Enforcement, who
			 are authorized to conduct searches at the border.
			(8)Permanently
			 destroyedThe term permanently destroyed, with
			 respect to information stored electronically, means the information has been
			 deleted and cannot be reconstructed or retrieved through any means.
			(9)Reasonable
			 suspicionThe term reasonable suspicion means a
			 suspicion that has a particularized and objective basis.
			(10)Search
				(A)In
			 generalThe term search means any inspection of any
			 of the contents of any electronic equipment, including a visual scan of icons
			 or file names.
				(B)ExceptionThe
			 term search does not include asking a person to turn electronic
			 equipment on or off or to engage in similar actions to ensure that the
			 electronic equipment is not itself dangerous.
				(11)Seizure
				(A)In
			 generalThe term seizure means the retention of
			 electronic equipment or copies of any contents of electronic equipment for a
			 period longer than 24 hours.
				(B)ExceptionsThe
			 term seizure does not include the retention of electronic
			 equipment or copies of any contents of electronic equipment—
					(i)for
			 a period of not more than 3 days after the expiration of the 24-hour period
			 specified in section 5(e) if an application for a warrant is being prepared or
			 pending in a district court of the United States;
					(ii)for
			 a period of not more than 21 days after the expiration of the 24-hour period
			 specified in section 5(e) if an application for an order from the Foreign
			 Intelligence Surveillance Court with respect to such equipment or copies is
			 being prepared; or
					(iii)if
			 an application for an order from the Foreign Intelligence Surveillance Court
			 with respect to such equipment or copies is pending before that Court.
					(12)United States
			 residentThe term United States resident means a
			 United States citizen, an alien lawfully admitted for permanent residence under
			 section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), or a
			 nonimmigrant alien described in section 101(a)(15) of such Act (8 U.S.C.
			 1101(a)(15)) who is lawfully residing in the United States.
			4.Standards for
			 searches and seizures
			(a)SearchesExcept
			 as provided in subsection (c), electronic equipment transported by a United
			 States resident may be searched at the border only if an official of the
			 Department of Homeland Security has a reasonable suspicion that the
			 resident—
				(1)is carrying
			 contraband or is otherwise transporting goods or persons in violation of the
			 laws enforced by officials of the Department of Homeland Security; or
				(2)is inadmissible or
			 otherwise not entitled to enter the United States under the laws enforced by
			 officials of the Department of Homeland Security.
				(b)SeizuresExcept
			 as provided in subsection (c), electronic equipment transported by a United
			 States resident may be seized at the border only if—
				(1)the Secretary of
			 Homeland Security obtains a warrant based on probable cause to believe that the
			 equipment contains information or evidence relevant to a violation of any law
			 enforced by the Department of Homeland Security;
				(2)another Federal,
			 State, or local law enforcement agency obtains a warrant based on probable
			 cause to believe that the equipment contains information or evidence relevant
			 to a violation of any law enforced by that agency; or
				(3)an agency or
			 department of the United States obtains an order from the Foreign Intelligence
			 Surveillance Court authorizing the seizure of foreign intelligence
			 information.
				(c)ExceptionsNothing
			 in this Act shall be construed to affect the authority of any law enforcement
			 official to conduct a search incident to arrest, a search based upon voluntary
			 consent, or any other search predicated on an established exception, other than
			 the exception for border searches, to the warrant requirement of the fourth
			 amendment to the Constitution of the United States.
			5.Procedures for
			 searches
			(a)Initiating
			 searchBefore beginning a search of electronic equipment
			 transported by a United States resident at the border, the official of the
			 Department of Homeland Security initiating the search shall—
				(1)obtain supervisory
			 approval to engage in the search;
				(2)record—
					(A)the nature of the
			 reasonable suspicion and the specific basis or bases for that suspicion;
					(B)if travel patterns
			 are cited as a basis for suspicion, the specific geographic area or areas of
			 concern to which the resident traveled;
					(C)the age of the
			 resident;
					(D)the sex of the
			 resident;
					(E)the country of
			 origin of the resident;
					(F)the citizenship or
			 immigration status of the resident; and
					(G)the race or
			 ethnicity of the resident, as perceived by the official of the Department of
			 Homeland Security initiating the search.
					(b)Conditions of
			 search
				(1)Presence of
			 United States residentThe United States resident transporting
			 the electronic equipment to be searched shall be permitted to remain present
			 during the search, whether the search occurs on- or off-site.
				(2)Presence of
			 officials of the Department of Homeland SecurityNot fewer than 2
			 officials of the Department of Homeland Security, including 1 supervisor, shall
			 be present during the search.
				(3)EnvironmentThe
			 search shall take place in a secure environment where only the United States
			 resident transporting the electronic equipment and officials of the Department
			 of Homeland Security are able to view the contents of the electronic
			 equipment.
				(c)Scope of
			 searchThe search shall—
				(1)be
			 tailored to the reasonable suspicion recorded by the official of the Department
			 of Homeland Security before the search began; and
				(2)be confined to
			 documents, files, or other stored electronic information that could reasonably
			 contain—
					(A)contraband;
					(B)evidence that the
			 United States resident is transporting goods or persons in violation of the
			 laws enforced by the Department of Homeland Security; or
					(C)evidence that the
			 person is inadmissible or otherwise not entitled to enter the United States
			 under the laws enforced by officials of the Department of Homeland
			 Security.
					(d)Record of
			 searchAt the time of the search, the official or agent of the
			 Department of Homeland Security conducting the search shall record a detailed
			 description of the search conducted, including the documents, files, or other
			 stored electronic information searched.
			(e)Conclusion of
			 warrantless searchAt the conclusion of the 24-hour period
			 following commencement of a search of electronic equipment or the contents of
			 electronic equipment at the border—
				(1)no further search
			 of the electronic equipment or any contents of the electronic equipment is
			 permitted without a warrant or an order from the Foreign Intelligence
			 Surveillance Court authorizing the seizure of the electronic equipment or the
			 contents of the electronic equipment; and
				(2)except as
			 specified in section 6, the electronic equipment shall immediately be returned
			 to the United States resident and any copies of the contents of the electronic
			 equipment shall be permanently destroyed not later than 3 days after the
			 conclusion of the search.
				6.Procedures for
			 seizures
			(a)Application for
			 warrant by the Department of Homeland SecurityIf, after
			 completing a search under section 5, an official of the Department of Homeland
			 Security has probable cause to believe that the electronic equipment of a
			 United States resident contains information or evidence relevant to a violation
			 of any law enforced by the Department, the Secretary of Homeland Security shall
			 immediately apply for a warrant describing with particularity the electronic
			 equipment or contents of the electronic equipment to be searched (if further
			 search is required) and the contents to be seized.
			(b)Disclosure of
			 information and application by other Federal, State, or local government
			 departments or agencies
				(1)Disclosure to
			 other agencies or departments
					(A)In
			 generalIf an official of the Department of Homeland Security
			 discovers, during a search that complies with the requirements of section 5,
			 information or evidence relevant to a potential violation of a law with respect
			 to which another Federal, State, or local law enforcement agency has
			 jurisdiction, the Secretary of Homeland Security may transmit a copy of that
			 information or evidence to that law enforcement agency.
					(B)Foreign
			 intelligence informationIf an official the Department of
			 Homeland Security discovers, during a search that complies with the
			 requirements of section 5, information that the Secretary of Homeland Security
			 believes to be foreign intelligence information, the Secretary may transmit a
			 copy of that information to the appropriate agency or department of the United
			 States.
					(2)Prohibition on
			 transmission of other informationThe Secretary may not transmit
			 any information or evidence with respect to the contents of the electronic
			 equipment other than the information or evidence described in paragraph
			 (1).
				(3)Application for
			 warrant or court order
					(A)In
			 generalA Federal, State, or local law enforcement agency to
			 which the Secretary of Homeland Security transmits a copy of information or
			 evidence pursuant to paragraph (1)(A) may use the information or evidence as
			 the basis for an application for a warrant authorizing the seizure of the
			 electronic equipment or any other contents of the electronic equipment.
					(B)Foreign
			 intelligence informationAn agency or department of the United
			 States to which the Secretary transmits a copy of information pursuant to
			 paragraph (1)(B) may use the information as the basis for an application for an
			 order from the Foreign Intelligence Surveillance Court authorizing the seizure
			 of the electronic equipment or any contents of the electronic equipment.
					(c)Retention while
			 an application for a warrant or a court order is pending
				(1)Electronic
			 equipmentThe Secretary of Homeland Security—
					(A)may retain
			 possession of the electronic equipment or copies of any contents of the
			 electronic equipment—
						(i)for
			 a period not to exceed 3 days after the expiration of the 24-hour period
			 specified in section 5(e) if an application for a warrant described in
			 subsection (a) or subsection (b)(3)(A) is being prepared or pending;
						(ii)for
			 a period not to exceed 21 days after the expiration of the 24-hour period
			 specified in section 5(e) while an application for an order from the Foreign
			 Intelligence Surveillance Court described in subsection (b)(3)(B) is being
			 prepared; or
						(iii)while an
			 application for an order from the Foreign Intelligence Surveillance Court
			 described in subsection (b)(3)(B) is pending before that Court; and
						(B)may not further
			 search the electronic equipment or the contents of the electronic equipment
			 during a period described in subparagraph (A).
					(2)Information
			 transmitted to other agencies
					(A)In
			 generalAny Federal, State, or local law enforcement agency that
			 receives a copy of information or evidence pursuant to subsection (b)(1)(A)
			 shall permanently destroy the copy not later than 3 days after receiving the
			 copy unless the agency has obtained a warrant authorizing the seizure of the
			 electronic equipment or copies of any contents of the electronic
			 equipment.
					(B)Foreign
			 intelligence informationAny agency or department of the United
			 States that receives a copy of information pursuant to subsection (b)(1)(B)
			 shall permanently destroy the copy—
						(i)not
			 later than 21 days after receiving the copy if a court order authorizing the
			 seizure of the electronic equipment or copies of any contents of the electronic
			 equipment has not been obtained or denied and an application for such an order
			 is not pending before the Foreign Intelligence Surveillance Court; or
						(ii)not later than 3
			 days after a denial by the Foreign Intelligence Surveillance Court of an
			 application for a court order.
						(d)Retention upon
			 execution of a warrant or court order
				(1)In
			 generalUpon execution of a warrant or an order of the Foreign
			 Intelligence Surveillance Court, officials of the Department of Homeland
			 Security, the Federal, State, or local law enforcement agency obtaining the
			 warrant pursuant to subsection (b)(3)(A), or the agency or department of the
			 United States obtaining the court order pursuant to subsection (b)(3)(B), as
			 the case may be, may retain copies of the contents of the electronic equipment
			 that the warrant or court order authorizes to be seized.
				(2)Destruction of
			 contents not authorized to be seizedCopies of any contents of
			 the electronic equipment that are not authorized to be seized pursuant to the
			 warrant or court order described in paragraph (1) shall be permanently
			 destroyed and the electronic equipment shall be returned to the United States
			 resident unless the warrant or court order authorizes seizure of the electronic
			 equipment.
				(e)Nonretention
			 upon denial of warrant or court orderIf the application for a
			 warrant described in subsection (a) or subsection (b)(3)(A) or for a court
			 order described in subsection (b)(3)(B) is denied, the electronic equipment
			 shall be returned to the United States resident and any copies of the contents
			 of the electronic equipment shall be permanently destroyed not later than 3
			 days after the denial of the warrant or court order.
			(f)Receipt and
			 disclosureAny United States resident whose electronic equipment
			 is removed from the resident's possession for longer than a 24-hour period
			 shall be provided with—
				(1)a
			 receipt;
				(2)a
			 statement of the rights of the resident and the remedies available to the
			 resident under this Act; and
				(3)the name and
			 telephone number of an official of the Department of Homeland Security who can
			 provide the resident with information about the status of the electronic
			 equipment.
				7.Prohibition on
			 profiling
			(a)In
			 generalAn official of the Department of Homeland Security may
			 not consider race, ethnicity, national origin, or religion in selecting United
			 States residents for searches of electronic equipment or in determining the
			 scope or substance of such a search except as provided in subsection
			 (b).
			(b)Exception with
			 respect to descriptions of particular personsAn official of the
			 Department of Homeland Security may consider race, ethnicity, national origin,
			 or religion in selecting United States resident for searches of electronic
			 equipment only to the extent that race, ethnicity, national origin, or
			 religion, as the case may be, is included among other factors in a description
			 of a particular person for whom reasonable suspicion is present, based on
			 factors unrelated to race, ethnicity, national origin, or religion.
			(c)Reports
				(1)In
			 generalNot later than 1 year after the date of the enactment of
			 this Act, and annually thereafter, the Inspector General and the Officer for
			 Civil Rights and Civil Liberties of the Department of Homeland Security shall
			 jointly issue a public report that—
					(A)assesses the
			 compliance of the Department of Homeland Security with the prohibition under
			 subsection (a);
					(B)assesses the
			 impact of searches of electronic equipment by the Department of Homeland
			 Security on racial, ethnic, national, and religious minorities, including
			 whether such searches have a disparate impact; and
					(C)includes any
			 recommendations for changes to the policies and procedures of the Department of
			 Homeland Security with respect to searches of electronic equipment to improve
			 the compliance of the Department with the prohibition under subsection
			 (a).
					(2)ResourcesThe
			 Secretary of Homeland Security shall ensure that the Inspector General and the
			 Officer for Civil Rights and Civil Liberties are provided the necessary staff,
			 resources, data, and documentation to issue the reports required under
			 paragraph (1), including the information described in sections 5(a)(2) and 5(d)
			 if requested by the Inspector General or the Officer for Civil Rights and Civil
			 Liberties.
				(d)SurveyTo
			 facilitate an understanding of the impact on racial, ethnic, national, and
			 religious minorities of searches of electronic equipment at the border, the
			 Secretary of Homeland Security shall conduct a random sampling of a
			 statistically significant number of travelers and record for such travelers the
			 demographic information described in subparagraphs (C) through (G) of section
			 5(a)(2). That information shall be maintained by the Department of Homeland
			 Security in aggregate form only.
			8.Limits on access
			 and disclosure
			(a)ScopeThe
			 limitations on access and disclosure set forth in this section apply to any
			 electronic equipment, copies of contents of electronic equipment, or
			 information acquired pursuant to a search of electronic equipment at the
			 border, other than such equipment, copies, or information seized pursuant to a
			 warrant or court order.
			(b)AccessNo
			 official, employee, or agent of the Department of Homeland Security or any
			 Federal, State, or local government agency or department may have access to
			 electronic equipment or copies of the contents of the electronic equipment
			 acquired pursuant to a search of electronic equipment at the border other than
			 such an official, employee, or agent who requires such access in order to
			 perform a function specifically provided for under this Act.
			(c)SecurityThe
			 Secretary of Homeland Security and the head of any Federal, State, or local
			 government agency or departments that comes into possession of electronic
			 equipment or any copies of the contents of electronic equipment pursuant to a
			 search of electronic equipment at the border shall ensure that—
				(1)the electronic
			 equipment is secured against theft or unauthorized access; and
				(2)any electronic
			 copies of the contents of electronic equipment are encrypted or otherwise
			 secured against theft or unauthorized access.
				(d)General
			 prohibition on disclosureNo information acquired by officials,
			 employees, or agents of the Department of Homeland Security or any Federal,
			 State, or local government agency or department pursuant to a search of
			 electronic equipment at the border shall be shared with or disclosed to any
			 other Federal, State, or local government agency or official or any private
			 person except as specifically provided in this Act.
			(e)Court order
			 exceptionIf the Secretary of Homeland Security or any other
			 Federal, State, or local government agency or department determines that a
			 disclosure of information that is not authorized by this Act is necessary to
			 prevent grave harm to persons or property, the Secretary or agency or
			 department, as the case may be, may apply ex parte to a district court of the
			 United States for an order permitting such disclosure.
			(f)PrivilegesAny
			 disclosure of privileged information that results directly from a search of
			 electronic equipment at the border shall not operate as a waiver of the
			 privilege.
			(g)Applicability of
			 Privacy ActThe limitations on access and disclosure under this
			 Act supplement rather than supplant any applicable limitations set forth in
			 section 552a of title 5, United States Code.
			9.Implementation
			(a)RegulationsThe
			 Secretary of Homeland Security shall issue regulations to carry out this
			 Act.
			(b)TrainingThe
			 Secretary of Homeland Security shall ensure that all officials and agents of
			 the Department of Homeland Security engaged in searches of electronic equipment
			 at the border are thoroughly and adequately trained in the laws and procedures
			 related to such searches.
			(c)AccountabilityThe
			 Secretary of Homeland Security shall implement procedures to detect and
			 discipline violations of this Act by officials, employees, and agents of the
			 Department of Homeland Security.
			10.Recordkeeping
			 and reporting
			(a)Reports to
			 Congress
				(1)Existing
			 policies and guidelinesNot later than 30 days after the date of
			 the enactment of this Act, the Secretary of Homeland Security shall submit to
			 Congress a report that includes—
					(A)the policies and
			 guidelines of the Department of Homeland Security, including field supervision
			 and intelligence directives, relating to searches of electronic equipment at
			 the border in effect on the date of the enactment of this Act;
					(B)any training
			 programs or materials relating to such searches being utilized on such date of
			 enactment; and
					(C)any personnel
			 review and accountability procedures, or memoranda of understanding with other
			 government agencies, relating to such searches in effect on such date of
			 enactment.
					(2)Updated policies
			 and guidelinesNot later than 30 days after revising any of the
			 policies, guidelines, programs, materials, procedures, or memoranda described
			 in paragraph (1) or developing new such policies, guidelines, programs,
			 materials, procedures, or memoranda, the Secretary of Homeland Security shall
			 submit to Congress a report containing the revised or new policies, guidelines,
			 programs, materials, procedures, or memoranda.
				(3)Information
			 about implementation
					(A)RequestsThe
			 information described in subsection (b)(1)(B) and sections 5(a)(2) and 5(d)
			 shall be made available to Congress promptly upon the request of any Member of
			 Congress.
					(B)ReportsThe
			 information described in section 5(a)(2) shall be provided to Congress in
			 aggregate form every 6 months.
					(4)Public
			 availabilityThe Secretary of Homeland Security shall make the
			 information in the reports required under paragraphs (1), (2), and (3)(B)
			 available to the public, but may redact any information in those reports if the
			 Secretary determines that public disclosure of the information would cause harm
			 to national security.
				(b)Maintenance of
			 records
				(1)In
			 generalThe Secretary of Homeland Security shall maintain records
			 with respect to—
					(A)the information
			 described in sections 5(a)(2) and 5(d); and
					(B)any disclosures of
			 information acquired through searches of electronic equipment at the border to
			 other agencies, officials, or private persons, and the reasons for such
			 disclosures.
					(2)Limitations on
			 access and disclosureThe information described in paragraph
			 (1)—
					(A)may be used or
			 disclosed only as specifically provided in this Act or another Federal law and
			 access to that information shall be limited to officials or agents of the
			 Department of Homeland Security who require access in order to effectuate an
			 authorized use or disclosure; and
					(B)shall be encrypted
			 or otherwise protected against theft or authorized access.
					(3)Use in
			 litigationIf otherwise discoverable, the information in
			 subsection (b)(1)(B) and sections 5(a)(2) and 5(d) may be provided to a person
			 who files a civil action under section 12(a) or a criminal defendant seeking to
			 suppress evidence obtained through a search of electronic equipment at the
			 border pursuant to section 12(d).
				11.Compensation for
			 damage or loss of electronic equipment
			(a)In
			 generalA United States
			 resident who believes that the electronic equipment of the resident, or
			 contents of the electronic equipment, were damaged as a result of a search or
			 seizure under this Act may file a claim with the Secretary of Homeland Security
			 for compensation. If the resident demonstrates that the search or seizure
			 resulted in damage to the electronic equipment or the contents of the
			 electronic equipment, the Secretary shall compensate the resident for any
			 resulting economic loss using existing appropriations available for the
			 Department of Homeland Security.
			(b)Claims
			 processThe Secretary of
			 Homeland Security shall establish an administrative claims process to handle
			 the claims described in subsection (a). The compensation decisions of the
			 Secretary shall constitute final agency actions for purposes of judicial review
			 under chapter 5 of title 5, United States Code.
			12.Enforcement and
			 remedies
			(a)Civil
			 actions
				(1)In
			 generalAny person injured by a violation of this Act may file a
			 civil action in a district court of the United States against the United States
			 or an individual officer or agent of the United States for declaratory or
			 injunctive relief or damages.
				(2)Statute of
			 limitationsA civil action under paragraph (1) shall be filed not
			 later than 2 years after the later of—
					(A)the date of the
			 alleged violation of this Act; or
					(B)the date on which
			 the person who files the civil action reasonably should have known of the
			 alleged violation.
					(3)DamagesA
			 person who demonstrates that the person has been injured by a violation of this
			 Act may receive liquidated damages of $1,000 or actual economic damages,
			 whichever is higher.
				(4)Special rule with
			 respect to civil actions for profilingIn the case of a civil
			 action filed under paragraph (1) that alleges a violation of section 7, proof
			 that searches of the electronic equipment of United States residents at the
			 border have a disparate impact on racial, ethnic, religious, or national
			 minorities shall constitute prima facie evidence of the violation.
				(5)Attorney’s
			 feesIn any civil action filed under paragraph (1), the district
			 court may allow a prevailing plaintiff reasonable attorney’s fees and costs,
			 including expert fees.
				(b)Admissibility of
			 information in criminal actionsIn any criminal prosecution
			 brought in a district court of the United States, the court may exclude
			 evidence obtained as a direct or indirect result of a violation of this Act if
			 the exclusion would serve the interests of justice.


117 HR 1948 IH: VA Employee Fairness Act of 2021
U.S. House of Representatives
2021-03-16
text/xml
EN
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I117th CONGRESS1st SessionH. R. 1948IN THE HOUSE OF REPRESENTATIVESMarch 16, 2021Mr. Takano (for himself, Mr. Bishop of Georgia, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Mr. Carbajal, Mr. Cárdenas, Ms. Chu, Mr. Cleaver, Mr. Cohen, Mr. Cooper, Mr. Cuellar, Mr. Danny K. Davis of Illinois, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mr. Gallego, Mr. Vicente Gonzalez of Texas, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Ms. Norton, Ms. Jacobs of California, Mr. Kahele, Ms. Kaptur, Mr. Khanna, Mr. Krishnamoorthi, Mrs. Kirkpatrick, Mr. Lamb, Mr. Larsen of Washington, Ms. Lee of California, Mr. Levin of Michigan, Mr. Lowenthal, Mrs. Luria, Mr. Lynch, Mrs. McBath, Ms. McCollum, Ms. Moore of Wisconsin, Mr. Mrvan, Ms. Newman, Mr. Norcross, Mr. Panetta, Mr. Pappas, Mr. Pocan, Ms. Pingree, Miss Rice of New York, Mr. Ruppersberger, Mr. Rush, Ms. Schakowsky, Mr. Schiff, Ms. Sherrill, Mr. Sires, Ms. Speier, Mr. Suozzi, Mr. Swalwell, Ms. Titus, Mr. Trone, Mr. Vargas, Mrs. Dingell, Mr. Blumenauer, Mr. Kildee, Mr. Lawson of Florida, Mr. Levin of California, Mr. McGovern, Ms. Omar, Mr. Payne, Ms. Pressley, Mr. Ryan, Mr. San Nicolas, Mr. DeFazio, and Mr. García of Illinois) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration.1.Short titleThis Act may be cited as the VA Employee Fairness Act of 2021.2.Modification of authorities on collective bargaining of employees of the Veterans Health AdministrationSection 7422 of title 38, United States Code, is amended—(1)by striking subsections (b), (c), and (d); and(2)by redesignating subsection (e) as subsection (b).


116 HR 861 IH: End Surprise Billing Act of 2019
U.S. House of Representatives
2019-01-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 861IN THE HOUSE OF REPRESENTATIVESJanuary 30, 2019Mr. Doggett (for himself, Mr. Cartwright, Ms. Judy Chu of California, Mr. Cicilline, Mr. Cohen, Mr. Courtney, Mr. Danny K. Davis of Illinois, Ms. DeLauro, Mr. Grijalva, Ms. Hill of California, Ms. Jayapal, Ms. Kaptur, Ms. Kelly of Illinois, Mr. Khanna, Ms. Kuster of New Hampshire, Ms. Lee of California, Mr. Lewis, Ms. Moore, Ms. Norton, Ms. Pingree, Mr. Pocan, Ms. Velázquez, Ms. Schakowsky, Mr. Lipinski, Ms. DeGette, Mr. Espaillat, Mr. Welch, Ms. Porter, and Mr. Langevin) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to prevent surprise billing practices, and for other purposes.
1.Short titleThis Act may be cited as the End Surprise Billing Act of 2019. 2.Preventing surprise billing practices (a)Condition of participation in MedicareSection 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended—
(1)in subsection (a)(1)— (A)in subparagraph (X), by striking and at the end;
(B)in subparagraph (Y), by striking at the end the period and inserting , and; and (C)by inserting after such subparagraph (Y) the following new subparagraph:

(Z)in the case of a hospital or critical access hospital, to adopt and enforce a policy to ensure compliance with the requirements of paragraphs (1) and (4) of subsection (l) and to meet the requirements of such paragraphs (relating to the prevention of surprise billing practices).; and (2)by adding at the end the following new subsection:

(l)Requirement for purposes of preventing surprise billing
(1)In generalFor purposes of subsection (a)(1)(Z), the requirements described in this paragraph are, with respect to a hospital or critical access hospital, in the case of an individual with health benefits coverage, including benefits under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) or under this title, title XIX, title XXI, or another government-sponsored health plan or program, who seeks to be furnished items or services or is to be furnished items or services by the hospital or critical access hospital (including by a provider of services or supplier that furnishes items or services at the hospital or critical access hospital), that the hospital or critical access hospital— (A) (i)provides to the individual (or to a representative of the individual), on the date on which the individual makes an appointment to be furnished such items or services, if applicable, and on the date on which the individual is furnished such items and services, a written notice specified by the Secretary through rulemaking that—
(I)contains the information required under paragraph (2); and (II)is signed and dated by the individual; and
(ii)retains a copy of each such notice for a period specified through rulemaking by the Secretary; and (B)in the case that such hospital or critical access hospital (or provider of services or supplier furnishing services at such hospital or critical access hospital) is not within the health care provider network or otherwise a participating provider of services or supplier with respect to such health benefits coverage of such individual, obtains from the individual the consent described in paragraph (3).
(2)Information included in noticeThe notice described in paragraph (1)(A) shall include, with respect to an individual with health benefits coverage described in paragraph (1) who seeks to be furnished items or services or is to be furnished items or services by a hospital or critical access hospital (including by a provider of services or supplier that furnishes items or services at the hospital or critical access hospital), a notification of each of the following: (A)Whether the hospital or critical access hospital is not within the health care provider network or otherwise a participating provider of services or supplier with respect to such health benefits coverage of such individual.
(B)If the hospital or critical access hospital is not within such network or otherwise such a participating provider or supplier, the estimated amount that the hospital or critical access hospital will charge the individual for such items and services in excess of any cost sharing obligations that the individual would otherwise have under such health benefits coverage for such items and services if the hospital or critical access hospital were within such network or otherwise participating in such coverage. (C)Whether any of the providers of services or suppliers furnishing items or services at the hospital or critical access hospital who will furnish the items or services to the individual are not within the health care provider network or otherwise a participating provider of services or supplier with respect to such health benefits coverage of such individual.
(D)If any of such providers of services or suppliers are not within such network or otherwise such a participating provider or supplier, the estimated amount that such providers of services or suppliers will charge the individual for such items and services in excess of any cost sharing obligations that the individual would otherwise have for such items and services if the providers of services or suppliers were within the such network or otherwise participating in such coverage. (3)Consent describedFor purposes of paragraph (1)(B), the consent described in this paragraph, with respect to an individual with health benefits coverage described in paragraph (1) who is to be furnished items or services by a hospital or critical access hospital (or provider of services or supplier furnishing services at such hospital or critical access hospital) that is not within the health care provider network or otherwise a participating provider of services or supplier with respect to such health benefits coverage of such individual, is a document specified by the Secretary through rulemaking that is signed by the individual (or by a representative of the individual) not less than 24 hours prior to the individual being furnished such items or services by such hospital, critical access hospital, provider of services, or supplier, respectively, and that—
(A)acknowledges that the individual has been— (i)provided with a written estimate of the charge that the individual will be assessed for the items or services anticipated to be furnished to the individual by the hospital, critical access hospital, provider of services, or supplier that is not within such network or otherwise such a participating provider of services or supplier; and
(ii)informed that the payment of such charge by the individual will not accrue toward any limitation that the health benefits coverage places upon the annual out-of-pocket expenses to be paid by the individual or upon the in-network deductible to be paid by the individual; and (B)documents the consent of the individual to—
(i)be furnished with such items or services by such hospital, critical access hospital, provider of services, or supplier, as applicable; and (ii)in the case that the individual is so furnished such items or services, be charged an amount approximate to the estimated charge described in subparagraph (A)(i) with respect to such items or services.
(4)Limitations on payment by individualFor purposes of subsection (a)(1)(Z), the requirements under this paragraph are the following: (A)In case of noncompliance by hospitals and critical access hospitalsIn the case of an individual with health benefits coverage described in paragraph (1) who is furnished items or services by a hospital or critical access hospital (or provider of services or supplier furnishing services at such hospital or critical access hospital) that is not within the health care provider network or otherwise a participating provider of services or supplier with respect to such health benefits coverage of such individual, if the hospital or critical access hospital does not comply with the requirements of paragraph (1) with respect to the furnishing of such items or services to such individual, the hospital or critical access hospital (or, as applicable, the provider of services or supplier furnishing such items or services to such individual) may not charge the individual more than the amount that the individual would have been required to pay in cost sharing if such items or services had been furnished by a hospital or critical access hospital, as applicable (or by a provider of services or supplier, as applicable) that is within such network or that is otherwise such a participating provider of services or supplier.
(B)In case of same-day emergency servicesIn the case of an individual with health benefits coverage described in paragraph (1) who is furnished items or services by a hospital or critical access hospital (or provider of services or supplier furnishing services at such hospital or critical access hospital) that is not within the health care provider network or otherwise a participating provider of services or supplier with respect to such health benefits coverage of such individual on the same date on which the individual makes an appointment for such items or services (or otherwise presents at the hospital or critical access hospital for such services such as in the case of items and services furnished with respect to an emergency medical condition, as defined in section 1867(e)), the hospital or critical access hospital (or, as applicable, the provider of services or supplier furnishing such items or services to such individual) may not charge the individual more than the amount that the individual would have been required to pay in cost sharing if such items or services had been furnished by a hospital or critical access hospital, as applicable (or by a provider of services or supplier, as applicable) that is within such network or that is otherwise such a participating provider of services or supplier.. (b)Effective dateThe amendments made by subsection (a) shall apply with respect to agreements under section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) that are filed with the Secretary of Health and Human Services on a date that is not less than 12 months after the date of the enactment of this Act.


115 HR 1972 : VA Billing Accountability Act
U.S. House of Representatives
2018-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		115th CONGRESS2d Session
		H. R. 1972
		IN THE SENATE OF THE UNITED STATES
		May 22, 2018Received; read twice and referred to the Committee on Veterans' AffairsAN ACT
		To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to waive the
			 requirement of certain veterans to make copayments for hospital care and
			 medical services in the case of an error by the Department of Veterans
			 Affairs, and for other purposes.

 1.Short titleThis Act may be cited as the VA Billing Accountability Act. 2.Authority of Secretary of Veterans Affairs to waive requirement of certain veterans to make copayments for care and services in the case of Department of Veterans Affairs error (a)Hospital care, nursing home care, and medical servicesSection 1710(f)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

 (G)The Secretary may waive the requirement of a veteran to make a payment under this subsection or subsection (g) if—
 (i)an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and
 (ii)the veteran received such notification later than 180 days after the date on which the veteran received the care or services for which the payment was required..
 (b)MedicationsSection 1722A of such title is amended— (1)by redesignating subsection (c) as subsection (d); and
 (2)by inserting after subsection (b) the following new subsection (c):  (c)The Secretary may waive the requirement of a veteran to make a payment under this section if—
 (1)an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and
 (2)the veteran received such notification later than 180 days after the date on which the veteran received the medication for which the payment was required..
				(c)Billing procedures
 (1)In generalSubchapter I of chapter 17 of such title is amended by adding at the end the following new section:  1709C.Procedures for copayments (a)Care at Department facility (1)In requiring a veteran to make a payment for care or services provided at a medical facility of the Department pursuant to this chapter, including sections 1710 and 1722A, the Secretary shall provide to such veteran a notification of such required payment by not later than 180 days after the date on which the veteran receives the care or services for which payment is required.
 (2)If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following:
 (A)Information regarding how to apply for a waiver described in section 1710(f)(3)(G) or section 1722A(c) of this title, as appropriate.
 (B)Information regarding how to establish a payment plan with the Secretary. (C)Opportunity to make such a waiver or establish such a payment plan.
									(b)Care at non-Department facility
 (1)In requiring a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or other provision of law, the Secretary shall provide to such veteran a notification of such required payment by not later than 18 months after the date on which the veteran receives the care or services for which payment is required.
 (2)If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following:
 (A)Information regarding how to apply for a waiver described in paragraph (3). (B)Information regarding how to establish a payment plan with the Secretary.
 (C)Opportunity to make such a waiver or establish such a payment plan. (3)The Secretary may waive the requirement of a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or other provision of law if—
 (A)an error committed by the Department, an employee of the Department, or a non-Department facility was the cause of delaying the notification sent to the veteran of the requirement to make the payment; and
 (B)the veteran received such notification after the period described in paragraph (1).. (2)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709B the following new item:

							1709C. Procedures for copayments..
 (d)Improvement of proceduresNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—
 (1)review the copayment billing internal controls and notification procedures of the Department of Veterans Affairs; and
 (2)improve such controls and procedures, including pursuant to the amendments made by this Act.  Passed the House of Representatives May 21, 2018.Karen L. Haas,Clerk.


 HR 3027 ENR: To designate the facility of the United States Postal Service located at 442 Miller Valley Road in Prescott, Arizona, as the “Barry M. Goldwater Post Office”.
U.S. House of Representatives

text/xml
EN
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I
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 3027

AN ACT
To designate the facility of the United States Postal Service located at 442 Miller Valley Road in Prescott, Arizona, as the Barry M. Goldwater Post Office.

1.Barry M. Goldwater Post Office
(a)DesignationThe facility of the United States Postal Service located at 442 Miller Valley Road in Prescott, Arizona, shall be known and designated as the Barry M. Goldwater Post Office.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Barry M. Goldwater Post Office.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		II
		112th CONGRESS
		1st Session
		S. 366
		IN THE SENATE OF THE UNITED STATES

			February 16, 2011
			Mrs. Gillibrand (for
			 herself and Mr. Kirk) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To require disclosure to the Securities and Exchange
		  Commission of certain sanctionable activities, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Iran Transparency and
			 Accountability Act of 2011.
		2.Disclosures to
			 the Securities and Exchange Commission relating to sanctionable
			 activities
			(a)In
			 generalSection 13 of the
			 Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end
			 the following new subsection:

					(r)Disclosure of
				certain activities relating to Iran, terrorism, and the proliferation of
				weapons of mass destruction
						(1)General
				disclosure requiredEach issuer required to file an annual or
				quarterly report under subsection (a) shall include with such report a
				statement of whether, during the period since the issuer made the last such
				report, the issuer or any affiliate of the issuer—
							(A)engaged in an
				activity described in section 5 of the Iran Sanctions Act of 1996 (Public Law
				104–172; 50 U.S.C. 1701 note);
							(B)knowingly engaged in an activity described
				in subsection (c)(2) of section 104 of the Comprehensive Iran Sanctions,
				Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) or knowingly
				violated regulations prescribed under subsection (d)(1) or (e)(1) of such
				section 104; or
							(C)knowingly conducted any transaction or
				dealing with—
								(i)any person the
				property and interests in property of which are blocked pursuant to Executive
				Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting
				transacting with persons who commit, threaten to commit, or support
				terrorism);
								(ii)any person the
				property and interests in property of which are blocked pursuant to Executive
				Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of
				mass destruction proliferators and their supporters); or
								(iii)any person on
				the list contained in Appendix A to part 560 of title 31, Code of Federal
				Regulations (commonly known as the Iranian Transactions
				Regulations).
								(2)Specific
				disclosure requiredIf an
				issuer reports under paragraph (1) that the issuer or an affiliate of the
				issuer has engaged in any activity described in that paragraph, the issuer
				shall include with the statement required under that paragraph a detailed
				description of each such activity, including—
							(A)the nature and extent of the
				activity;
							(B)the revenues and
				profits, if any, attributable to the activity; and
							(C)whether the issuer or the affiliate of the
				issuer (as the case may be) intends to continue the activity.
							(3)Investigation of
				disclosuresWhen the
				Commission receives a report under paragraph (1) from an issuer that the issuer
				or an affiliate of the issuer has engaged in any activity described in that
				paragraph, the President shall—
							(A)initiate an investigation into the possible
				imposition of sanctions under the Iran Sanctions Act of 1996 (Public Law
				104–172; 50 U.S.C. 1701 note), section 104 of the Comprehensive Iran Sanctions,
				Accountability, and Divestment Act of 2010 (22 U.S.C. 8513), the Executive
				Orders or regulations specified in paragraph (1)(C), or any other provision of
				law; and
							(B)not later than
				180 days after initiating such an investigation, make a determination with
				respect to whether sanctions should be imposed with respect to the issuer or
				the affiliate of the issuer (as the case may be).
							(4)Public
				disclosure of informationThe Commission shall promptly—
							(A)make the
				information provided to the Commission under paragraphs (1) and (2) available
				to the public by posting the information on the Internet website of the
				Commission; and
							(B)provide a copy of
				that information to—
								(i)the President;
								(ii)the Committee on Foreign Affairs and the
				Committee on Financial Services of the House of Representatives; and
								(iii)the Committee on Foreign Relations and the
				Committee on Banking, Housing, and Urban Affairs of the Senate.
								(5)SunsetThe provisions of this subsection shall
				terminate on the date that is 30 days after the date on which the President
				makes the certification described in section 401(a) of the Comprehensive Iran
				Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
				8551(a)).
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall take effect with
			 respect to reports required to be filed with the Securities and Exchange
			 Commission after the date that is 90 days after the date of the enactment of
			 this Act.
			3.Deadline for
			 regulations with respect to financial institutions maintaining accounts for
			 foreign financial institutionsSection 104(e)(1) of the Comprehensive Iran
			 Sanctions, Accountability, and Divestment Act of 2010 (8513(e)(1)) is amended
			 by striking The Secretary and inserting Not later than 90
			 days after the date of the enactment of the Iran Transparency and Accountability Act of
			 2011, the Secretary.


113 S2870 IS: On the Job Training Act
U.S. Senate
2014-09-18
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.

		II
		113th CONGRESS
		2d Session
		S. 2870
		IN THE SENATE OF THE UNITED STATES

			September 18, 2014
			Mr. Portman (for himself and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend certain provisions of the Social Security Act relating to demonstration projects designed
			 to provide unemployed workers with the information, skills, and
			 relationships they need for reemployment.

			1.
			Short title
			This Act may be cited as the On the Job Training Act.

			2.
			Removal of barriers to promote reemployment through demonstration projects

				(a)
				Modification of numerical limitation
				Subsection (a) of section 305 of the Social Security Act (42 U.S.C. 505) is amended by inserting per year after 10 States.

				(b)
				Clarification of application requirements
				Subsection (b) of such section 305 is amended—

					(1)
					by inserting or his or her designee after The Governor of any State; and

					(2)
					by striking paragraph (2) and inserting the following:

							(2)
							for any waiver requested under subsection (c), a statement describing—

								(A)
								the specific provision or provisions of law for which such waiver is requested; and

								(B)
								the specific aspects of the project to which such waiver would apply and the reasons why it is
			 needed;
							.

				(c)
				Extension of eligible time period
				Subsection (d) of such section 305 is amended—

					(1)
					in paragraph (1), by striking may and all that follows through the semicolon and inserting must be commenced not later than December 31, 2017; and;(2)in paragraph (2)—(A)by striking may not be approved and inserting may not be conducted; and(B)by striking ; and and inserting a period; and

					(3)
					by striking paragraph (3).

				(d)
				Clarification of demonstration activities
				Subsection (e) of such section 305 is amended—

					(1)
					in paragraph (1), by striking for employer-provided training, such as and inserting to employers or claimants for employer-provided training or; and

					(2)
					in paragraph (2), by striking , not to exceed the weekly benefit amount for each such individual, to pay part of the cost of
			 wages that exceed the unemployed individual's prior benefit level and inserting that include disbursements promoting retention.

				(e)
				Selection of qualifying applications on a first-Come, first-Served basis and review of cost
			 neutrality
				Subsection (f) of such section 305 is amended to read as follows:
				(f)The Secretary of Labor shall, in the case of any State for which an application is submitted under
			 subsection (b)—(1)approve completed applications in the order of receipt;(2)before approving an application, determine whether the assurances that the demonstration project
			 would not result in any increased costs to the State's account in the
			 Unemployment Trust Fund required under subsection (b)(4) are credible and
			 disapprove any application that includes assurances that are determined to
			 not be credible;(3)notify the State as to whether such application has been approved or denied within 30 days after
			 receipt of a complete application; and(4)provide public notice of the decision within 10 days after providing notification to the State in
			 accordance with paragraph (3).Public notice under paragraph (3) may be provided through the Internet or other appropriate means.
			 Any application under this section that has not been denied within the
			 30-day period described in paragraph (3) shall be deemed approved, and
			 public notice of any approval under this sentence shall be provided within
			 10 days thereafter..

				(f)
				Termination of demonstration projects
				Subsection (g) of such section 305 is amended to read as follows:

						(g)
						The Secretary of Labor may terminate a demonstration project under this section if the Secretary—

							(1)
							determines that the State has violated the substantive terms or conditions of the project;

							(2)
							notifies the State in writing with sufficient detail describing the violation; and

							(3)
							determines that the State has not taken action to correct the violation within 90 days after the
			 notification.
						.

				(g)
				Funding for administrative costsSuch section 305 is amended by adding at the end the following new subsection:(i)In addition to the amounts described in subsection (h), during the period of fiscal years 2015
			 through 2020 there is authorized to be appropriated $6,000,000 to the
			 Secretary of
			 Labor for purposes of making payments to States that have
			 entered into agreements with the Secretary to conduct demonstration
			 projects under this section. A payment to a State under this subsection—(1)shall be used by the State to administer a demonstration project approved under this section;(2)shall remain available until expended; and(3)shall not exceed $200,000 for any fiscal year..(h)Effective date; transition rule

					(1)
					Effective date
					The amendments made by this section shall take effect on the date of the enactment of this Act.

					(2)
					Transition rule

						(A)
						In general
						Nothing in this Act shall be considered to terminate or otherwise affect any demonstration project
			 approved under section 305 of the Social Security Act before the date of
			 the enactment of this Act.

						(B)
						Original conditions continue to apply
						A demonstration project described in subparagraph (A) shall be conducted in the same manner as if
			 subsections (a) through (f) had not been enacted.

			3.
			Evaluation of demonstration projects

				(a)
				In general
				Section 305 of the Social Security Act (42 U.S.C. 505) is amended by adding at the end the
			 following:

						(i)
						The Secretary of Labor shall conduct an impact evaluation of each demonstration project conducted
			 under this section, using existing data sources to the extent possible and
			 methodology appropriate to determine the effects of the demonstration
			 project, including on individual skill levels, earnings, and employment
			 retention.
					.

				(b)
				Cooperation by State
				Section 305(b) of the Social Security Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this
			 Act) is further amended by striking paragraphs (5) and (6) and inserting
			 the following:

						(5)
						a description of the manner in which the State will determine the extent to which the goals and
			 outcomes described in paragraph (3) were achieved;

						(6)
						assurances that the State will cooperate, in a timely manner, with the Secretary of Labor with
			 respect to the impact evaluation conducted under subsection (i); and
					.

				(c)
				Reporting
				Not later than 90 days after the end of fiscal year 2014 and each fiscal year thereafter, until the
			 completion of the last evaluation under section 305(i) of the Social
			 Security Act, the Secretary shall submit to the Committee on Ways and
			 Means of the House of Representatives and the Committee on Finance of the
			 Senate, a report that includes a description of—

					(1)
					the status of each demonstration project being carried out under this section;

					(2)
					the results of the evaluation completed during the previous fiscal year; and

					(3)
					the Secretary’s plan for—

						(A)
						disseminating the findings of the report to appropriate State agencies; and

						(B)
						incorporating the components of successful demonstration projects that reduced benefit duration and
			 increased employment into Federal unemployment law.

				(d)
				Public dissemination
				In addition to the reporting requirements under subparagraph (c), evaluation results shall be
			 shared broadly to inform policymakers, service providers, other partners,
			 and the public in order to promote wide use of successful strategies,
			 including by posting evaluation results on the Internet website of the
			 Department of Labor.


110 HR 4793 IH: To extend the suspension of duty on

U.S. House of Representatives
2007-12-18
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
		110th CONGRESS
		1st Session
		H. R. 4793
		IN THE HOUSE OF REPRESENTATIVES

			December 18, 2007
			Mr. Coble introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the suspension of duty on
		  cyprodinil.

		1.Cyprodinil
			(a)In
			 generalHeading 9902.02.08 of the Harmonized Tariff Schedule of
			 the United States (relating to cyprodinil) is amended by striking
			 12/31/2009 and by inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


116 S3995 IS: Remote and Mobile Worker Relief Act of 2020
U.S. Senate
2020-06-18
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.

II116th CONGRESS2d SessionS. 3995IN THE SENATE OF THE UNITED STATESJune 18, 2020Mr. Thune (for himself and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo limit the authority of States or other taxing jurisdictions to tax certain income of employees for employment duties performed in other States or taxing jurisdictions, and for other purposes.1.Short titleThis Act may be cited as the Remote and Mobile Worker Relief Act of 2020.2.Limitations on withholding and taxation of employee income(a)In generalNo part of the wages or other remuneration earned by an employee who performs employment duties in more than one taxing jurisdiction shall be subject to income tax in any taxing jurisdiction other than—(1)the taxing jurisdiction of the employee’s residence; and(2)the taxing jurisdiction within which the employee is present and performing employment duties for more than 30 days during the calendar year in which the wages or other remuneration is earned.(b)Wages or other remunerationWages or other remuneration earned in any calendar year shall not be subject to income tax withholding and reporting requirements with respect to any taxing jurisdiction unless the employee is subject to income tax in such taxing jurisdiction under subsection (a). Income tax withholding and reporting requirements under subsection (a)(2) shall apply to wages or other remuneration earned as of the commencement date of employment duties in the taxing jurisdiction during the calendar year.(c)Operating rulesFor purposes of determining penalties related to an employer’s income tax withholding and reporting requirements with respect to any taxing jurisdiction—(1)an employer may rely on an employee’s annual determination of the time expected to be spent by such employee in the taxing jurisdictions in which the employee will perform duties absent—(A)the employer’s actual knowledge of fraud by the employee in making the determination; or(B)collusion between the employer and the employee to evade tax;(2)except as provided in paragraph (3), if records are maintained by an employer in the regular course of business that record the location of an employee, such records shall not preclude an employer’s ability to rely on an employee’s determination under paragraph (1); and(3)notwithstanding paragraph (2), if an employer, at its sole discretion, maintains a time and attendance system that tracks where the employee performs duties on a daily basis, data from the time and attendance system shall be used instead of the employee’s determination under paragraph (1).(d)Definitions and special rulesFor purposes of this Act:(1)Day(A)Except as provided in subparagraph (B), an employee is considered present and performing employment duties within a taxing jurisdiction for a day if the employee performs more of the employee’s employment duties within such taxing jurisdiction than in any other taxing jurisdiction during a day.(B)If an employee performs employment duties in a resident taxing jurisdiction and in only one nonresident taxing jurisdiction during one day, such employee shall be considered to have performed more of the employee’s employment duties in the nonresident taxing jurisdiction than in the resident taxing jurisdiction for such day.(C)For purposes of this paragraph, the portion of the day during which the employee is in transit shall not be considered in determining the location of an employee’s performance of employment duties.(2)EmployeeThe term employee has the same meaning given to it by the taxing jurisdiction in which the employment duties are performed, except that the term employee shall not include a professional athlete, professional entertainer, qualified production employee, or certain public figures.(3)Professional athleteThe term professional athlete means a person who performs services in a professional athletic event, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional athlete.(4)Professional entertainerThe term professional entertainer means a person of prominence who performs services in the professional performing arts for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional entertainer.(5)Qualified production employeeThe term qualified production employee means a person who performs production services of any nature directly in connection with a taxing jurisdiction qualified, certified or approved film, television or other commercial video production for wages or other remuneration, provided that the wages or other remuneration paid to such person are qualified production costs or expenditures under such taxing jurisdiction’s qualified, certified or approved film incentive program, and that such wages or other remuneration must be subject to withholding under such film incentive program as a condition to treating such wages or other remuneration as a qualified production cost or expenditure.(6)Certain public figuresThe term certain public figures means persons of prominence who perform services for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for services provided at a discrete event, in the nature of a speech, public appearance, or similar event.(7)EmployerThe term employer has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. 3401(d)), unless such term is defined by the taxing jurisdiction in which the employee’s employment duties are performed, in which case the taxing jurisdiction’s definition shall prevail.(8)Taxing jurisdictionThe term taxing jurisdiction means any of the several States, the District of Columbia, or any territory or possession of the United States, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee.(9)Time and attendance systemThe term time and attendance system means a system in which—(A)the employee is required on a contemporaneous basis to record his work location for every day worked outside of the taxing jurisdiction in which the employee’s employment duties are primarily performed; and(B)the system is designed to allow the employer to allocate the employee’s wages for income tax purposes among all taxing jurisdictions in which the employee performs employment duties for such employer.(10)Wages or other remunerationThe term wages or other remuneration may be limited by the taxing jurisdiction in which the employment duties are performed.(e)Adjustment during coronavirus pandemicWith respect to calendar year 2020, in the case of any employee who performs employment duties in any taxing jurisdiction other than the taxing jurisdiction of the employee’s residence during such year as a result of the COVID–19 public health emergency, subsection (a)(2) shall be applied by substituting 90 days for 30 days.3.State and local tax certainty(a)Status of employees during covered periodNotwithstanding section 2(a)(2) or any provision of law of a taxing jurisdiction, with respect to any employee who is working remotely within such taxing jurisdiction during the covered period—(1)except as provided under paragraph (2), any wages earned by such employee during such period shall be deemed to have been earned at the primary work location of such employee; and(2)if an employer, at its sole discretion, maintains a system that tracks where such employee performs duties on a daily basis, wages earned by such employee may, at the election of such employer, be treated as earned at the location in which such duties were remotely performed.(b)Status of businesses during covered periodNotwithstanding any provision of law of a taxing jurisdiction—(1)in the case of an out-of-state business which has any employees working remotely within such jurisdiction during the covered period, the duties performed by such employees within such jurisdiction during such period shall not be sufficient to create any nexus or establish any minimum contacts or level of presence that would otherwise subject such business to any registration, taxation, or other related requirements for businesses operating within such jurisdiction; and(2)except as provided under subsection (a)(2), with respect to any tax imposed by such taxing jurisdiction which is determined, in whole or in part, based on net or gross receipts or income, for purposes of apportioning or sourcing such receipts or income, any duties performed by an employee of an out-of-state business while working remotely during the covered period—(A)shall be disregarded with respect to any filing requirements for such tax; and(B)shall be apportioned and sourced to the tax jurisdiction which includes the primary work location of such employee.(c)DefinitionsFor purposes of this section—(1)Covered periodThe term covered period means, with respect to any employee working remotely, the period—(A)beginning on the date on which such employee began working remotely; and(B)ending on the earlier of—(i)the date on which the employer allows, at the same time—(I)such employee to return to their primary work location; and(II)not less than 90 percent of their permanent workforce to return to such work location; or(ii)December 31, 2020.(2)EmployeeThe term employee has the same meaning given to it by the taxing jurisdiction in which the employment duties are performed.(3)EmployerThe term employer has the same meaning given such term under section 2(d)(7).(4)Out-of-state businessThe term out-of-state business means, with respect to any tax jurisdiction, any business entity which, excepting any employees of such business who are working remotely within such jurisdiction during the covered period, would not otherwise be subject to any tax filing requirements under the existing law of such taxing jurisdiction.(5)Primary work locationThe term primary work location means, with respect to an employee, the address of the employer where the employee is regularly assigned to work when such employee is not working remotely during the covered period.(6)Taxing jurisdictionThe term taxing jurisdiction has the same meaning given such term under section 2(d)(8).(7)WagesThe term wages means all wages and other remuneration paid to an employee that are subject to tax or withholding requirements under the law of the taxing jurisdiction in which the employment duties are deemed to be performed under subsection (a) during the covered period.(8)Working remotelyThe term working remotely means the performance of duties by an employee at a location other than the primary work location of such employee at the direction of their employer due to conditions resulting from the public health emergency relating to the virus SARS–CoV–2 or coronavirus disease 2019 (referred to in this paragraph as COVID–19), including—(A)to comply with any government order relating to COVID–19;(B)to prevent the spread of COVID–19; and(C)due to the employee or a member of the employee's family contracting COVID–19.(d)Preservation of authority of taxing jurisdictionsThis section shall not be construed as modifying, impairing, superseding, or authorizing the modification, impairment, or supersession of the law of any taxing jurisdiction pertaining to taxation except as expressly provided in subsections (a) through (c).4.Effective date; applicability(a)Effective dateThis Act shall apply to calendar years beginning after December 31, 2019.(b)ApplicabilityThis Act shall not apply to any tax obligation that accrues before January 1, 2020.


		II

		109th CONGRESS

		2d Session

		S. 2276

		IN THE SENATE OF THE UNITED STATES

			February 10

			 (legislative day, February 9), 2006

			Mrs. Feinstein (for

			 herself, Mr. Leahy, and

			 Mr. Kerry) introduced the following bill;

			 which was read twice and referred to the Committee on the Judiciary

		A BILL

		To provide for fairness for the Federal

		  judiciary.

		1.Short titleThis Act may be cited as the

			 Federal Judicial Fairness Act of

			 2006.

		2.Judicial

			 cost-of-living increases

			(a)Repeal of

			 statutory requirement relating to judicial salariesSection 140

			 of the resolution entitled A Joint Resolution making further continuing

			 appropriations for the fiscal year 1982, and for other purposes.,

			 approved December 15, 1981 (Public Law

			 97–92;

			 95

			 Stat. 1200;

			 28 U.S.C. 461

			 note), is repealed.

			(b)Automatic

			 annual increasesSection 461(a) of title 28, United States Code,

			 is amended to read as follows:

					(a)(1)Subject to paragraph

				(2), effective on the first day of the first applicable pay period beginning on

				or after January 1 of each calendar year, each salary rate which is subject to

				adjustment under this section shall be adjusted by an amount, rounded to the

				nearest multiple of $100 (or if midway between multiples of $100, to the next

				higher multiple of $100) equal to the percentage of such salary rate which

				corresponds to the most recent percentage change in the ECI (relative to the

				date described in the next sentence), as determined under section 704(a)(1) of

				the Ethics Reform Act of 1989. The appropriate date under this sentence is the

				first day of the fiscal year that begins in the preceding calendar year.

						(2)In no event shall the percentage

				adjustment taking effect under paragraph (1) in any calendar year (before

				rounding), in any salary rate, exceed the percentage adjustment taking effect

				in such calendar year under section 5303 of title 5 in the rates of pay under

				the General

				Schedule.

						.

			(c)Judicial salary

			 increasesEffective on the first day of the first applicable pay

			 period that begins on or after the date of the enactment of this Act, the rate

			 of basic pay for the Chief Justice of the United States, an Associate Justice

			 of the Supreme Court of the United States, a judge of a United States circuit

			 court, a judge of a district court of the United States, a judge of the United

			 States Court of International Trade, a bankruptcy judge, and a full-time

			 magistrate judge shall be increased in the amount of 16.5 percent of their

			 respective rates (as last in effect before the increase), rounded to the

			 nearest multiple of $100 (or, if midway between multiples of $100, to the next

			 higher multiple of $100).

			3.Coordination

			 ruleIf a pay adjustment under

			 section 2 is to be made for an office or position as of the same date as any

			 other pay adjustment affecting such office or position, the adjustment under

			 section 2 shall be made first.