116 S3623 IS: Coronavirus Community Relief Act
U.S. Senate
2020-05-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3623IN THE SENATE OF THE UNITED STATESMay 6, 2020Mr. Heinrich (for himself, Mr. Jones, Mrs. Murray, Mrs. Feinstein, Mr. Udall, Ms. Klobuchar, Mr. Wyden, Mr. Blumenthal, Ms. Warren, Ms. Cortez Masto, Mr. Schatz, Mr. Bennet, Mr. Booker, Ms. Cantwell, Ms. Harris, Mr. Peters, and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on AppropriationsA BILLTo provide for an enhanced Coronavirus relief fund for units of
government with a population of 500,000 or less, and for other
purposes.1.Short titleThis Act may be cited as the Coronavirus Community Relief Act.2.Coronavirus relief fund for units of government with a population of 500,000 or lessTitle VI of the Social Security Act (42 U.S.C. 801 et seq.) (as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136)) is amended by adding at the end the following:602.Coronavirus relief fund for units of government with a population of 500,000 or less(a)AppropriationOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for making payments to units of local government with a population of 500,000 or less, $250,000,000,000 for fiscal year 2020. (b)Authority To make paymentsThe Secretary shall pay to a unit of local government the relative unit of local government population proportion amount determined for such government under subsection (c)(4) within 30 days after such government submits the certification required by subsection (e). (c)Payment amounts(1)In generalThe maximum aggregate amount paid under this section for fiscal year 2020 to units of local government in a State shall not exceed the relative population proportion amount determined for the State under paragraph (2) for such fiscal year. (2)Relative population proportion amountFor purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal year 2020 is the product of— (A)the amount appropriated under subsection (a) for fiscal year 2020; and (B)the relative State population proportion determined under paragraph (3). (3)Relative state population proportion definedFor purposes of paragraph (2)(B), with respect to a State, the relative State population proportion is the quotient of— (A)the population of the State; and(B)the total population of all States.(4)Relative unit of local government population proportion amountFor purposes of subsection (b), with respect to a unit of local government, the relative unit of local government population proportion amount is equal to the product of—(A)the relative population proportion amount determined under paragraph (2) for the State in which the unit of local government is located; and(B)the quotient of— (i)the population of the unit of local government; and(ii)the sum of the population of all units of local government with a population of 500,000 or less within the State that submit the certification required by subsection (e) by the deadline specified in that subsection. (5)DataFor purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. (6)Other reliefThe payments made under this section shall be in addition to, and shall not affect or reduce, payments made to units of local government with a population that exceeds 500,000 under section 601.(d)Use of funds(1)In generalA unit of local government shall use the funds provided under a payment made under this section to cover only those costs of the unit of local government that— (A)such government reasonably deems to be necessary and directly or indirectly involve, relate to, are, have been, or will be incurred due to, or are, have been, or will be a response to circumstances caused by, the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); and (B)were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. (2)Authority to transfer fundsIf a unit of local government determines it will not expend all of the funds paid to the government under this section by the end of the period described in paragraph (1)(B), the government may transfer the unexpended portion of such funds to another unit of local government in the State with a population of 500,000 or less. Funds transferred under this paragraph—(A)shall be used by the unit of local government receiving such funds consistent with the requirements of paragraph (1); and(B)shall be deemed to be a cost of the unit of local government making the transfer. (e)CertificationIn order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive (or equivalent) for the unit of local government that the local government’s uses of the funds are or will be consistent with subsection (d) not later than 15 days after the date of enactment of this section. (f)Inspector general oversight; recoupment(1)Oversight authorityThe Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section. (2)RecoupmentIf the Inspector General of the Department of the Treasury determines that a unit of local government has failed to comply with subsection (d), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the Federal Government. Amounts recovered under this subsection shall be deposited into the general fund of the Treasury. (3)Authority of inspector generalNothing in this subsection shall be construed to diminish the authority of any Inspector General, including such authority as provided in the Inspector General Act of 1978 (5 U.S.C. App.). (4)FundingNotwithstanding section 601(f)(3), the Inspector General of the Department of the Treasury may use the amounts appropriated under that section to carry out oversight and recoupment activities under this section in addition to the oversight and recoupment activities carried out under section 601(f). (g)DefinitionsIn this section:(1)CostsThe term costs includes, but is not limited to, lost revenue, reimbursement for expenses incurred before the date of enactment of this section, and increases in costs reasonably believed to be the direct or indirect result of, or direct or indirect responses to circumstances caused by, the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19). (2)Local governmentThe term unit of local government means any of the following that has a population of 500,000 or below: a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. (3)SecretaryThe term Secretary means the Secretary of the Treasury. (4)StateThe term State means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa..


115 HR 7141 IH: Workplace Violence Prevention for Health Care and Social Service Workers Act
U.S. House of Representatives
2018-11-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7141IN THE HOUSE OF REPRESENTATIVESNovember 16, 2018Mr. Courtney (for himself, Ms. Bonamici, Mr. Brady of Pennsylvania, Ms. DeLauro, Ms. Norton, Ms. Jackson Lee, Mr. Khanna, Ms. Schakowsky, Mr. Scott of Virginia, Mr. Takano, Ms. Wilson of Florida, Ms. Shea-Porter, Mr. Sires, Mr. DeSaulnier, Mr. Larson of Connecticut, Mr. Payne, Mr. Himes, Mr. Pocan, Mr. Cicilline, Ms. Esty of Connecticut, Mr. Norcross, and Mr. Espaillat) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo direct the Secretary of Labor to issue an occupational safety and health standard that requires
			 covered employers within the health care and social service industries to
			 develop and implement a comprehensive workplace violence prevention plan,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Workplace Violence Prevention for Health Care and Social Service Workers Act. 2.FindingsCongress finds the following:
 (1)In a 2016 report entitled, Workplace Safety and Health: Additional Efforts Needed to Help Protect Health Care Workers from Workplace Violence, the Government Accountability Office reported over 730,000 cases of health care workplace assaults over the 5-year span from 2009 through 2013, based on Bureau of Justice Statistics data.
 (2)The health care and social service industries experience the highest rates of injuries caused by workplace violence. Nurses and nursing, psychiatric, home health, and personal care aides all are at high risk.
 (3)The Bureau of Labor Statistics reports that health care and social service workers suffered 69 percent of all workplace violence injuries caused by persons in 2016 and are nearly 5 times as likely to suffer a workplace violence injury than workers overall.
 (4)According to a survey of 3,500 American emergency physicians conducted by the American College of Emergency Physicians, 47 percent of emergency room doctors have been physically assaulted at work, and 8 in 10 report that this violence is affecting patient care.
 (5)Workplace violence in health care and social service sectors is increasing. Bureau of Labor Statistics data show that private sector injury rates of workplace violence in health care and social service sectors increased by 63 percent between 2006 and 2016. Due to under-reporting, actual injury rates from workplace violence are widely recognized to be higher than reported levels.
 (6)Violence against workers in health care settings is most commonly due to assaults by patients or clients, or persons accompanying patients or clients.
 (7)The Occupational Safety and Health Administration has issued Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers, however, this guidance is not enforceable. Absent an enforceable standard, employers lack mandatory requirements to implement a violence prevention program, and workers lack sufficient protection from workplace violence.
 (8)Studies have demonstrated that workplace violence prevention programs tailored to the needs of specific work areas and State-based workplace violence prevention legislation are strongly associated with reductions in workplace violence. Proper staff training, appropriate staffing levels, sufficient resources, and the use of evidence-based practices in the provision of services (such as effective communication with patients using de-escalation techniques) can reduce risks to the safety of both patients and staff.
 (9)Nine States have mandated that certain types of health care facilities implement workplace violence prevention programs. On April 1, 2018, the Division of Occupational Safety and Health of the State of California issued a comprehensive standard (Workplace Violence Prevention in Health Care) that requires health care facilities to implement a workplace violence prevention plan.
 (10)Employer organizations have challenged the Occupational Safety and Health Administration’s authority to utilize the General Duty Clause of the Occupational Safety and Health Act of 1970 to enforce against workplace violence hazards, arguing that Congress did not intend to cover workplace violence under such clause when the Act was enacted in 1970.
 (11)The Occupational Safety and Health Administration (OSHA) received two petitions for rulemaking in July of 2016, calling on OSHA to promulgate a violence prevention standard for health care and social service sectors. On December 6, 2016, OSHA issued a Request for Information (RFI) soliciting information on this issue. On January 10, 2017, OSHA conducted a public meeting to receive stakeholder input and to supplement the online comments submitted in response to the RFI. At that meeting, OSHA announced it accepted the petitions and would develop a Federal standard to prevent workplace violence in health care and social service settings. In the spring of 2017, the workplace violence prevention standard was removed from active consideration and placed on the Department of Labor’s long-term agenda. Subsequently, it was placed back on the regulatory agenda. OSHA’s efforts to move forward with rulemaking have been halting and inconsistent. Therefore, legislation is necessary to ensure the timely development of a standard to protect workers in health care and social service settings.
 3.Table of contentsThe table of contents for this Act is as follows:  Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Table of contents. Title I—Workplace Violence Prevention Standard Sec. 101. Workplace violence prevention standard. Sec. 102. Scope and application. Sec. 103. Requirements for workplace violence prevention standard. Sec. 104. Rules of construction. Sec. 105. Other definitions. Title II—Amendments to the Social Security Act Sec. 201. Application of the workplace violence prevention standard to certain facilities receiving Medicare funds.  IWorkplace Violence Prevention Standard 101.Workplace violence prevention standard (a)Interim final standard (1)In generalNot later than 1 year after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard on workplace violence prevention—
 (A)to require certain employers in the healthcare and social service sectors, and certain employers in sectors that conduct activities similar to the activities in the healthcare and social service sectors, to develop and implement a comprehensive workplace violence prevention plan to protect health care workers, social service workers, and other personnel from workplace violence; and
 (B)that shall, at a minimum, be based on the Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers published by the Occupational Safety and Health Administration of the Department of Labor in 2015 and adhere to the requirements of this title.
 (2)Applicability of other statutory requirementsThe following shall not apply to the promulgation of the interim final standard under this subsection:
 (A)The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).
 (B)The requirements of chapters 5 and 6 of title 5, United States Code, and titles 2 and 42, United States Code.
 (3)Effective date of interim standardThe interim final standard shall— (A)take effect on a date that is not later than 30 days after promulgation, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date;
 (B)be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)); and
 (C)be in effect until the final standard described in subsection (b) becomes effective and enforceable.
 (4)Failure to promulgateIf an interim final standard described in paragraph (1) is not promulgated not later than 1 year of the date of enactment of this Act, the provisions of this title shall be in effect and enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)) until such provisions are superseded in whole by an interim final standard promulgated by the Secretary that meets the requirements of paragraph (1).
					(b)Final standard
 (1)Proposed final standardNot later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a proposed final standard on workplace violence prevention—
 (A)for the purposes described in subsection (a)(1)(A); and (B)that shall include, at a minimum, the elements contained in the interim final standard promulgated under subsection (a).
 (2)Final standardNot later than 42 months after the date of enactment of this Act, the Secretary shall promulgate a final standard on such proposed standard that shall—
 (A)provide no less protection than any workplace violence standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667); and
 (B)be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).
 102.Scope and applicationIn this title: (1)Covered facilityThe term covered facility includes the following:
 (A)Any hospital, including any specialty hospital, in-patient or outpatient setting, or clinic operating within a hospital license, or any setting that provides outpatient services.
 (B)Any residential treatment facility, including any nursing home, skilled nursing facility, hospice facility, and long-term care facility.
 (C)Any non-residential treatment or service setting. (D)Any medical treatment or social service setting or clinic at a correctional or detention facility.
 (E)Any community care setting, including a community-based residential facility, group home, and mental health clinic.
 (F)Any psychiatric treatment facility. (G)Any drug abuse or substance use disorder treatment center.
 (H)Any independent freestanding emergency centers. (I)Any facility described in subparagraphs (A) through (H) operated by a Federal Government agency and required to comply with occupational safety and health standards pursuant to section 1960 of title 29, Code of Federal Regulations.
 (J)Any other facility the Secretary determines should be covered under the standards promulgated under section 101.
 (2)Covered servicesThe term covered service includes the following services and operations: (A)Any services and operations provided in any field work setting, including home health care, home-based hospice, and home-based social work.
 (B)Any emergency services and transport, including such services provided by firefighters and emergency responders.
 (C)Any services described in subparagraphs (A) and (B) performed by a Federal Government agency and required to comply with occupational safety and health standards pursuant to section 1960 of title 29, Code of Federal Regulations.
 (D)Any other services and operations the Secretary determines should be covered under the standards promulgated under section 101.
					(3)Covered employer
 (A)In generalThe term covered employer includes a person (including a contractor, subcontractor, a temporary service firm, or an employee leasing entity) that employs an individual to work at a covered facility or to perform covered services.
 (B)ExclusionThe term covered employer does not include an individual who privately employs, in the individual’s residence, a person to perform covered services for the individual or a family member of the individual.
 (4)Covered employeeThe term covered employee includes an individual employed by a covered employer to work at a covered facility or to perform covered services.
 103.Requirements for workplace violence prevention standardEach standard described in section 101 shall include, at a minimum, the following requirements: (1)Workplace violence prevention planNot later than 6 months after the date of promulgation of the interim final standard under section 101(a), a covered employer shall develop, implement, and maintain an effective written workplace violence prevention plan for covered employees at each covered facility controlled by the employer and for covered employees performing a covered service on behalf of such employer, which meet the following:
 (A)Plan developmentEach Plan shall— (i)be developed and implemented with the meaningful participation of direct care employees and, where applicable, employee representatives and collective bargaining representatives, for all aspects of the Plan;
 (ii)be tailored and specific to conditions and hazards for the covered facility or the covered service, including patient-specific risk factors and risk factors specific to each work area or unit; and
 (iii)be suitable for the size and complexity of operations at the covered facility or for the covered service, and remain in effect at all times.
 (B)Plan contentEach Plan shall include procedures and methods for the following: (i)Identification of the individual responsible for implementation of the Plan.
 (ii)With respect to each work area and unit at the covered facility or while covered employees are performing the covered service, risk assessment and identification of workplace violence risks and hazards to employees exposed to such risks and hazards (including environmental risk factors and patient-specific risk factors), which shall be—
 (I)informed by past violent incidents specific to such covered facility or such covered service; and (II)conducted with, at a minimum—
 (aa)direct care employees; (bb)where applicable, the representatives of such employees; and
 (cc)the employer. (iii)Hazard prevention, engineering controls, and work practice controls to correct hazards in a timely manner applying industrial hygiene principles of the hierarchy of controls, which—
 (I)may include security and alarm systems, adequate exit routes, monitoring systems, barrier protection, established areas for patients and clients, lighting, entry procedures, staffing and working in teams, and systems to identify and flag clients with a history of violence; and
 (II)shall ensure that employers correct, in a timely manner, hazards identified in the annual report described in paragraph (5).
 (iv)Reporting, incident response, and post-incident investigation procedures, including procedures— (I)for employees to report workplace violence risks, hazards, and incidents;
 (II)for employers to respond to reports of workplace violence; (III)for employers to perform a post-incident investigation and debriefing of all reports of workplace violence with the participation of employees and their representatives; and
 (IV)to provide medical care or first aid to affected employees. (v)Procedures for emergency response, including procedures for threats of mass casualties and procedures for incidents involving a firearm or a dangerous weapon.
 (vi)Procedures for communicating with and training of covered employees on workplace violence hazards, threats, and work practice controls, the employer’s plan, and procedures for confronting, responding to, and reporting workplace violence threats, incidents, and concerns, and employee rights.
 (vii)Procedures for coordination of risk assessment efforts, Plan development, and implementation of the Plan with other employers who have employees who work at the covered facility or who are performing the covered service.
 (viii)Procedures for conducting the annual evaluation under paragraph (6). (C)Availability of PlanEach Plan shall be made available at all times to the covered employees who are covered under such Plan.
					(2)Violent incident investigation
 (A)In generalAs soon as practicable after a workplace violence incident, risk, or hazard of which a covered employer has knowledge, the employer shall conduct an investigation of such incident, risk, or hazard under which the employer shall—
 (i)review the circumstances of the incident, risk, or hazard, and whether any controls or measures implemented pursuant to the Plan of the employer were effective; and
 (ii)solicit input from involved employees, their representatives, and supervisors, about the cause of the incident, risk, or hazard, and whether further corrective measures (including system-level factors) could have prevented the incident, risk, or hazard.
 (B)DocumentationA covered employer shall document the findings, recommendations, and corrective measures taken for each investigation conducted under this paragraph.
 (3)Training and educationWith respect to the covered employees covered under a Plan of a covered employer, the employer shall provide training and education to such employees who may be exposed to workplace violence hazards and risks, which meet the following requirements:
 (A)Annual training and education includes information on the Plan, including identified workplace violence hazards, work practice control measures, reporting procedures, record keeping requirements, response procedures, and employee rights.
 (B)Additional hazard recognition training for supervisors and managers to ensure they can recognize high-risk situations and do not assign employees to situations that predictably compromise their safety.
 (C)Additional training for each such covered employee whose job circumstances has changed, within a reasonable timeframe after such change.
 (D)New employee training prior to assignment. (E)All training provides such employees opportunities to ask questions, give feedback on such training, and request additional instruction, clarification, or other follow up.
 (F)All training is provided in-person and by an individual with knowledge of workplace violence prevention and of the Plan.
 (G)All training is appropriate in content and vocabulary to the language, educational level, and literacy of such covered employees.
					(4)Recordkeeping and access to plan records
 (A)In generalEach covered employer shall— (i)maintain at all times—
 (I)records related to each Plan of the employer, including workplace violence risk and hazard assessments, and identification, evaluation, correction, and training procedures;
 (II)a violent incident log described in subparagraph (B) for recording all workplace violence incidents; and
 (III)records of all incident investigations as required under paragraph (2)(B); and (ii)make such records and logs available, upon request, to covered employees and their representatives for examination and copying in accordance with section 1910.1020 of title 29, Code of Federal Regulations, and in a manner consistent with HIPAA privacy regulations (defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d–9(b)(3))) and part 2 of title 42, Code of Federal Regulations.
 (B)Violent incident log descriptionEach violent incident log shall— (i)be maintained by a covered employer for each covered facility controlled by the employer and for each covered service being performed by a covered employee on behalf of such employer;
 (ii)be based on a template developed by the Secretary not later than 1 year after the date of enactment of this Act;
 (iii)include, at a minimum, a description of— (I)the violent incident (including environmental risk factors present at the time of the incident);
 (II)the date, time, and location of the incident, names and job titles of involved employees; (III)identification of the alleged individual who committed the violence, in a manner consistent with HIPAA privacy regulations (defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d–9(b)(3))) and part 2 of title 42, Code of Federal Regulations;
 (IV)the nature and extent of injuries to covered employees; (V)the type of violent incident (such as type 1 violence, type 2 violence, type 3 violence, or type 4 violence); and
 (VI)how the incident was abated; (iv)not later than 7 days after the employer learns of such incident, contain a record of each violent incident, which is updated to ensure completeness of such record;
 (v)be maintained for not less than 5 years; and (vi)in the case of a violent incident involving a privacy concern case, protect the identity of employees in a manner consistent with section 1904.29(b) of title 29, Code of Federal Regulations.
						(C)Annual summary
 (i)Covered employersEach covered employer shall prepare an annual summary of each violent incident log for the preceding calendar year that shall—
 (I)with respect to each covered facility, and each covered service, for which such a log has been maintained, include the total number of violent incidents, the number of recordable injuries related to such incidents, and the total number of hours worked by the covered employees for such preceding year;
 (II)be completed on a form provided by the Secretary; (III)be posted for three months beginning February 1 of each year in a manner consistent with the requirements of section 1904 of title 29, Code of Federal Regulations, relating to the posting of summaries of injury and illness logs;
 (IV)be located in a conspicuous place or places where notices to employees are customarily posted; and (V)not be altered, defaced, or covered by other material.
 (ii)SecretaryNot later than 1 year after the promulgation of the interim final standard under section 101(a), the Secretary shall make available a platform for the electronic submission of annual summaries required under this paragraph.
 (5)Annual reportNot later than February 15 of each year, each covered employer shall report to the Secretary, the frequency, quantity, and severity of workplace violence, and any incident response and post-incident investigation (including abatement measures for the incidents) set forth in the annual summary of the violent incident log described in paragraph (4)(C).
 (6)Annual evaluationEach covered employer shall conduct an annual written evaluation, conducted with the full, active participation of covered employees and employee representatives, of—
 (A)the implementation and effectiveness of the Plan, including a review of the violent incident log; and
 (B)compliance with training required by each standard described in section 101, and specified in the Plan.
					(7)Anti-retaliation
 (A)PolicyEach covered employer shall adopt a policy prohibiting any person (including an agent of the employer) from discriminating or retaliating against any employee for reporting, or seeking assistance or intervention from, a workplace violence incident, threat, or concern to the employer, law enforcement, local emergency services, or a government agency, or participating in an incident investigation.
 (B)ProhibitionNo covered employer shall discriminate or retaliate against any employee for reporting, or seeking assistance or intervention from, a workplace violence incident, threat, or concern to the employer, law enforcement, local emergency services, or a government agency, or for exercising any other rights under this paragraph.
 (C)EnforcementThis paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)).
 104.Rules of constructionNotwithstanding section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667)— (1)nothing in this title shall be construed to curtail or limit authority of the Secretary under any other provision of the law; and
 (2)the rights, privileges, or remedies of covered employees shall be in addition to the rights, privileges, or remedies provided under any Federal or State law, or any collective bargaining agreement.
 105.Other definitionsIn this title: (1)Workplace Violence (A)In generalThe term workplace violence means any act of violence or threat of violence, without regard to intent, that occurs at a covered facility or while a covered employee performs a covered service.
 (B)ExclusionsThe term workplace violence does not include lawful acts of self-defense or defense of others. (C)InclusionsThe term workplace violence includes—
 (i)the threat or use of physical force against a covered employee that results in or has a high likelihood of resulting in injury, psychological trauma, or stress, without regard to whether the covered employee sustains an injury, psychological trauma, or stress; and
 (ii)an incident involving the threat or use of a firearm or a dangerous weapon, including the use of common objects as weapons, without regard to whether the employee sustains an injury, psychological trauma, or stress.
 (2)Type 1 violenceThe term type 1 violence— (A)means workplace violence directed at a covered employee at a covered facility or while performing a covered service by an individual who has no legitimate business at the covered facility or with respect to such covered service; and
 (B)includes violent acts by any individual who enters the covered facility or worksite where a covered service is being performed with the intent to commit a crime.
 (3)Type 2 violenceThe term type 2 violence means workplace violence directed at a covered employee by customers, clients, patients, students, inmates, or any individual for whom a covered facility provides services or for whom the employee performs covered services.
 (4)Type 3 violenceThe term type 3 violence means workplace violence directed at a covered employee by a present or former employee, supervisor, or manager.
 (5)Type 4 violenceThe term type 4 violence means workplace violence directed at a covered employee by an individual who is not an employee, but has or is known to have had a personal relationship with such employee.
 (6)Threat of ViolenceThe term threat of violence means a statement or conduct that causes a person to fear for his or her safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.
 (7)AlarmThe term alarm means a mechanical, electrical, or electronic device that does not rely upon an employee’s vocalization in order to alert others.
 (8)Dangerous weaponThe term dangerous weapon means an instrument capable of inflicting death or serious bodily injury, regardless of whether such instrument was designed for that purpose.
				(9)Engineering controls
 (A)In generalThe term engineering controls means an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between a covered employee and the hazard.
 (B)InclusionsFor purposes of reducing workplace violence hazards, the term engineering controls includes electronic access controls to employee occupied areas, weapon detectors (installed or handheld), enclosed workstations with shatter-resistant glass, deep service counters, separate rooms or areas for high-risk patients, locks on doors, removing access to or securing items that could be used as weapons, furniture affixed to the floor, opaque glass in patient rooms (which protects privacy, but allows the health care provider to see where the patient is before entering the room), closed-circuit television monitoring and video recording, sight-aids, and personal alarm devices.
					(10)Environmental risk factors
 (A)In generalThe term environmental risk factors means factors in the covered facility or area in which a covered service is performed that may contribute to the likelihood or severity of a workplace violence incident.
 (B)ClarificationEnvironmental risk factors may be associated with the specific task being performed or the work area, such as working in an isolated area, poor illumination or blocked visibility, and lack of physical barriers between employees and persons at risk of committing workplace violence.
 (11)Patient-specific risk factorsThe term patient-specific risk factors means factors specific to a patient that may increase the likelihood or severity of a workplace violence incident, including a patient’s mental status, treatment and medication status, history of violence as known to a covered employee at a covered facility or while performing a covered service, use of drugs or alcohol as known to a covered employee at a covered facility or while performing a covered service, and any other conditions or disease processes that may cause the patient to experience confusion or disorientation, to be non-responsive to instruction, or to behave unpredictably.
 (12)SecretaryThe term Secretary means the Secretary of Labor. (13)Work practice controls (A)In generalThe term work practice controls means procedures and rules that are used to effectively reduce workplace violence hazards.
 (B)InclusionsThe term work practice controls includes assigning and placing sufficient numbers of staff to reduce patient-specific Type 2 workplace violence hazards, provision of dedicated and available safety personnel such as security guards, employee training on workplace violence prevention method and techniques to de-escalate and minimize violent behavior, and employee training on procedures for response in the event of a workplace violence incident and for post-incident response.
					IIAmendments to the Social Security Act
			201.Application of the workplace violence prevention standard to certain facilities receiving Medicare
			 funds
 (a)In generalSection 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 subparagraph (Y) the following new subparagraph:  (Z)in the case of hospitals that are not otherwise subject to the Occupational Safety and Health Act of 1970 (or a State occupational safety and health plan that is approved under 18(b) of such Act) and skilled nursing facilities that are not otherwise subject to such Act (or such a State occupational safety and health plan), to comply with the Workplace Violence Prevention Standard (as promulgated under section 101 of the Health Care Workplace Violence Prevention Act of 2018).; and
 (2)in subsection (b)(4)— (A)in subparagraph (A), by inserting and a hospital or skilled nursing facility that fails to comply with the requirement of subsection (a)(1)(Z) (relating to the Workplace Violence Prevention Standard) after Bloodborne Pathogens Standard); and
 (B)in subparagraph (B)— (i)by striking (a)(1)(U) and inserting (a)(1)(V); and
 (ii)by inserting (or, in the case of a failure to comply with the requirement of subsection (a)(1)(Z), for a violation of the Workplace Violence Prevention standard referred to in such subsection by a hospital or skilled nursing facility, as applicable, that is subject to the provisions of such Act) before the period at the end.
 (b)Effective dateThe amendments made by subsection (a) shall apply beginning on the date that is 1 year after the date of issuance of the interim final standard on workplace violence prevention required under section 101.


I
111th CONGRESS
2d Session
H. R. 5967
IN THE HOUSE OF REPRESENTATIVES

July 29, 2010
Mr. Nadler of New York (for himself, Ms. Edwards of Maryland, Ms. Chu, Ms. Lee of California, Mr. Pallone, Ms. Wasserman Schultz, Mr. Connolly of Virginia, Ms. Linda T. Sánchez of California, Mr. Ackerman, Ms. Zoe Lofgren of California, Mr. Filner, Mr. Grijalva, Mr. Stark, Ms. Moore of Wisconsin, Mr. Hare, Ms. Harman, Mr. Farr, Mr. Rothman of New Jersey, Mrs. Maloney, Mr. Serrano, Mr. Sires, Mr. Holt, Ms. Woolsey, Mr. Sherman, Mrs. Napolitano, Ms. Kilroy, Mr. Honda, Mr. Rahall, Mr. Capuano, Mrs. Capps, Mr. Garamendi, Mr. Thompson of California, Mr. George Miller of California, Mr. Hastings of Florida, Mr. Andrews, Ms. Sutton, Mr. Weiner, Ms. Clarke, Mr. Pascrell, Ms. Velázquez, Mr. Doyle, Mr. Berman, Ms. Loretta Sanchez of California, Mr. Bishop of New York, Mr. Baca, Mr. Schiff, Mr. Towns, Mr. Payne, Mr. Ellison, Ms. Matsui, Mr. Blumenauer, Mr. Engel, Mr. Hall of New York, Mr. Meeks of New York, Mr. Frank of Massachusetts, Mr. Lipinski, Mr. Israel, and Ms. Speier) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 49, United States Code, to provide certain port authorities, and for other purposes.

1.Short titleThis Act may be cited as the Clean Ports Act of 2010 .
2.Applicability to port facilitiesSection 14501(c) is amended—
(1)in paragraph (2)(A)—
(A)by striking or after cargo,; and
(B)by inserting before the semicolon the following: , or the authority of a State, political subdivision of a State, or political authority of 2 or more States to adopt requirements for motor carriers and commercial motor vehicles providing services at port facilities that are reasonably related to the reduction of environmental pollution, traffic congestion, the improvement of highway safety, or the efficient utilization of port facilities, if such requirements are in accordance with any other applicable Federal law or regulation; and
(2)by adding at the end the following:

(6)Clarification for paragraph (2)
(A)Definition of port facilitiesFor purposes of paragraph (2)(A), the term port facilities means all port facilities for coastwise, intercoastal, inland waterways, and Great Lakes shipping and overseas shipping, including, wharves, piers, sheds, warehouses, terminals, yards, docks, control towers, container equipment, maintenance buildings, container freight stations and port equipment, including harbor craft, cranes, and straddle carriers.
(B)Applicability of clean air actNothing in paragraph (2)(A) shall limit the authority reserved to any State or a political subdivision thereof under the Clean Air Act (42 U.S.C. 7401 et. seq)..


109 HR 6070 IH: Shaken Baby Syndrome Prevention

U.S. House of Representatives
2006-09-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 6070
		IN THE HOUSE OF REPRESENTATIVES

			September 14, 2006
			Mrs. Kelly introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To enhance Federal efforts focused on increasing public
		  awareness of the risks and dangers associated with Shaken Baby
		  Syndrome.

		1.Short titleThis Act may be cited as the
			 Shaken Baby Syndrome Prevention
			 Act.
		2.FindingsThe Congress finds as follows:
			(1)There are unfortunately many incidents that
			 exemplify the abuse that children suffer across all 50 states—becoming victims
			 of Shaken Baby Syndrome. One such incident involves 8-month-old Cynthia Gibbs,
			 of Yonkers, New York, who on November 17, 2000, died of massive brain damage.
			 Cynthia’s abuser and killer was her own State-certified child care provider
			 operating child care services out of her home. Another involves 11-month-old
			 George “Skipper” Lithco of Poughkeepsie, New York, who died on December 3,
			 2000, from brain injuries he suffered when he was shaken by his day care
			 provider—a 51-year-old grandmother who said she lost control when he spit up on
			 her and cried during his afternoon feeding.
			(2)The
			 most recent National Child Abuse and Neglect Data System figures reveal that
			 almost 900,000 children were victims of abuse and neglect in the United States
			 in 2002, causing unspeakable pain and suffering to our most vulnerable
			 citizens.
			(3)Among the children
			 who are victims of abuse and neglect, nearly 4 children die in the United
			 States each day.
			(4)Children aged 1
			 year or younger accounted for 41.2 percent of all child abuse and neglect
			 fatalities in 2002, and children aged 4 years or younger accounted for 76.1
			 percent of all child abuse and neglect fatalities in 2002.
			(5)Abusive head
			 trauma, including the trauma known as Shaken Baby Syndrome, is
			 recognized as the leading cause of death of physically abused children.
			(6)Shaken Baby
			 Syndrome can result in loss of vision, brain damage, paralysis, seizures, or
			 death.
			(7)A
			 2003 report in the Journal of the American Medical Association estimated that,
			 in the United States, an average of 300 children will die each year, and 600 to
			 1,200 more will be injured, of whom 2/3 will be babies or infants under 1 year
			 in age, as a result of Shaken Baby Syndrome, with many cases resulting in
			 severe and permanent disabilities.
			(8)Medical
			 professionals believe that thousands of additional cases of Shaken Baby
			 Syndrome are being misdiagnosed or are not detected.
			(9)Shaken Baby
			 Syndrome often results in permanent, irreparable brain damage or death to an
			 infant and may result in more than $1,000,000 in medical costs to care for a
			 single, disabled child in just the first few years of life.
			(10)The most
			 effective solution for ending Shaken Baby Syndrome is to prevent the abuse, and
			 it is clear that the minimal costs of education and prevention programs may
			 prevent enormous medical and disability costs and immeasurable amounts of grief
			 for many families.
			(11)Prevention programs have demonstrated that
			 educating new parents about the danger of shaking young children and how they
			 can help protect their child from injury can bring about a significant
			 reduction in the number of cases of Shaken Baby Syndrome. This is further
			 evidenced in work completed by the Upstate New York SBS Prevention Project,
			 which resulted in a 47 percent reduction in the number of shaking and
			 subsequent inflicted head injuries in the Buffalo, New York, region.
			(12)Education
			 programs have been shown to raise awareness and provide critically important
			 information about Shaken Baby Syndrome to parents, care givers, daycare
			 workers, child protection employees, law enforcement personnel, health care
			 professionals, and legal representatives.
			(13)Efforts to prevent Shaken Baby Syndrome are
			 supported by organizations across the United States whose mission it is to make
			 aware, educate, and support the general public and professionals about Shaken
			 Baby Syndrome, as well as increase support for victims and the families of
			 victims.
			3.Education and
			 awareness campaign
			(a)In
			 generalThe Secretary of
			 Health and Human Services shall develop and implement an effective ongoing
			 public information and educational campaign to inform the public, in general,
			 and new parents, child care providers, and other care givers of young children,
			 in particular, about brain injuries and other harmful effects that may result
			 from shaking infants and children under 5 years of age and healthy strategies
			 to cope with a crying baby and related frustrations—all to help protect
			 children from injury.
			(b)ElementsThe
			 program under subsection (a) shall include at least the following
			 elements:
				(1)Educational and informational materials in
			 print, audio, video, electronic and other media which should be coordinated
			 with national and Federal awareness activities, such as Shaken Baby Awareness
			 Week, to the extent possible.
				(2)Public service
			 announcements and advertisements.
				(3)Dissemination of effective prevention
			 practices and techniques to parents and care givers, and to maternity
			 hospitals, child care centers, organizations providing prenatal and postnatal
			 care, and organizations providing parenting education and support
			 services.
				(c)Meetings with
			 advocacy communityThe
			 Secretary of Health and Human Services, working with all relevant components,
			 shall establish biannual meetings with Shaken Baby Syndrome advocacy groups,
			 parenting support communities, organizations involved in child protection and
			 child maltreatment prevention, and other Federal and State agencies that are or
			 should be involved in prevention activities, including the Joint Commission on
			 the Accreditation of Healthcare Organizations.
			(d)Support for
			 parents of surviving childrenThe Secretary of Health and Human Services,
			 along with its components, the Shaken Baby Syndrome advocacy community,
			 parenting support communities, organizations involved in child protection and
			 child maltreatment prevention, as well as professional associations and
			 institutions involved in medical research and treatment shall work to provide
			 effective support for the parents of surviving children who suffer serious
			 brain injuries as the result of shaking, especially during the traumatic period
			 immediately following the shaking event, when parents most need support.
			4.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act $5,000,000 for fiscal year
			 2007.


113 HR 2945 IH: To amend the Internal Revenue Code of 1986 to permanently extend and expand the charitable deduction for contributions of food inventory.
U.S. House of Representatives
2013-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2945
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2013
			Mr. Levin (for
			 himself and Mr. Gerlach) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to permanently
		  extend and expand the charitable deduction for contributions of food
		  inventory.

		1.Extension and expansion of
			 charitable deduction for contributions of food inventory
			(a)Permanent
			 extensionSubparagraph (C) of section 170(e)(3) of the Internal
			 Revenue Code of 1986 is amended by striking clause (iv).
			(b)Determination of
			 basis for taxpayers other than C corporationsSubparagraph (C) of
			 section 170(e)(3) of such Code, as amended by subsection (a), is amended by
			 adding at the end the following new clause:

					(iv)Determination
				of basis for taxpayers other than C corporationsIf a
				taxpayer—
						(I)does not account
				for inventories under section 471, and
						(II)is not required
				to capitalize indirect costs under section 263A,
						the taxpayer
				may elect, solely for purposes of subparagraph (B), to treat the basis of any
				apparently wholesome food as being equal to 25 percent of the fair market value
				of such
				food..
			(c)Determination of
			 fair market valueSubparagraph (C) of section 170(e)(3) of
			 such Code, as amended by subsections (a) and (b), is amended by adding at the
			 end the following new clause:

					(v)Determination of
				fair market valueIn the case of any such contribution of
				apparently wholesome food which, solely by reason of internal standards of the
				taxpayer, lack of market, or similar circumstances, or which is produced by the
				taxpayer exclusively for the purposes of transferring the food to an
				organization described in subparagraph (A), cannot or will not be sold, the
				fair market value of such contribution shall be determined—
						(I)without regard to
				such internal standards, such lack of market, such circumstances, or such
				exclusive purpose, and
						(II)by taking into
				account the price at which the same or substantially the same food items (as to
				both type and quality) are sold by the taxpayer at the time of the contribution
				(or, if not so sold at such time, in the recent
				past).
						.
			(d)Limitation
				(1)Increase in
			 percentageClause (ii) of section 170(e)(3)(C) of such Code is
			 amended by striking 10 percent and inserting 15
			 percent.
				(2)Applicability to
			 C corporations
					(A)In
			 generalClause (ii) of section 170(e)(3)(C) of such Code is
			 amended by striking In the case of a taxpayer other than a C
			 corporation, the and inserting The.
					(B)Coordination
			 with limitationParagraph (3) of section 170(b) of such Code is
			 amended to read as follows:

							(3)Charitable
				contributions of foodFor
				purposes of paragraph (2)(A)—
								(A)In
				generalAny charitable contribution of food to which subsection
				(e)(3)(C) applies shall be allowed to the extent the aggregate of such
				contributions does not exceed the limitation under subsection
				(e)(3)(C)(ii).
								(B)CarryoverIf
				the aggregate amount of contributions described in subparagraph (A) exceeds
				such limitation, such excess shall be treated (in a manner consistent with the
				rules of subsection (d)) as a charitable contribution to which subparagraph (A)
				applies in each of the 5 succeeding years in order of
				time.
								.
					(e)Effective
			 DateThe amendments made by this section shall apply to
			 contributions made after the date of the enactment of this Act, in taxable
			 years ending after such date.


110 HR 774 IH: Rape Prevention and Education Grant Program Act of 2007
U.S. House of Representatives
2007-01-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 774
IN THE HOUSE OF REPRESENTATIVES

January 31, 2007
Mr. McCotter introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Public Health Service Act to extend the program of grants for rape prevention education, and for other purposes.

1.Short titleThis Act may be cited as Rape Prevention and Education Grant Program Act of 2007.
2.FindingsThe Congress finds as follows:
(1)According to the Federal Bureau of Investigation’s 2004 Uniform Crime Report, the only violent crime to show any increase from 2003 to 2004 was forcible rape at 0.8 percent.
(2)In America, 302,091 women and 92,748 men are raped each year, and 1 in 6 women and 1 in 33 men has experienced an attempted or completed rape as a child or adult.
(3)Sexual violence starts very early in life. More than half of all rapes of women (54 percent) occur before age 18; 22 percent of these rapes occur before age 12. For men, 75 percent of all rapes occur before age 18, and 48 percent occur before age 12.
(4)Victims of sexual violence may experience a variety of long-term physical and psychological consequences such as chronic pelvic, head, back and facial pain; gastrointestinal and eating disorders; substance abuse; depression; and suicidal thoughts and attempts. Sexual violence has a devastating impact on individuals, families, communities, and our society as a whole.
(5)Total costs of rape and sexual assault are estimated to be $127 billion a year in the United States (excluding children), including the loss of productivity, damage of personal property, use of medical and mental health care, police and fire, social/victim services, and negative effect on the victim’s quality of life.
(6)More than two-thirds of rape and sexual assault victims are assaulted by someone they know (almost 40 percent by someone they know very well, such as a boyfriend or a spouse). Only 30 percent are sexually assaulted by strangers.
3.Use of allotment for rape prevention educationThe first section 393B of the Public Health Service Act (42 U.S.C. 280b–1c) (relating to rape prevention education) is amended by amending subsection (c) to read as follows:

(c)Authorization of appropriations
(1)In generalThere is authorized to be appropriated to carry out this section $80,000,000 for each of fiscal years 2008 through 2012.
(2)National sexual violence resource center allotmentOf the total amount made available under this subsection in each fiscal year, not less than $1,500,000 shall be available for allotment under subsection (b). .


116 HR 2455 IH: Ensuring Timely Access to Generics Act of 2019
U.S. House of Representatives
2019-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2455IN THE HOUSE OF REPRESENTATIVESMay 1, 2019Mr. Joyce of Pennsylvania (for himself and Mr. Brindisi) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions.

 1.Short titleThis Act may be cited as the Ensuring Timely Access to Generics Act of 2019. 2.Citizen petitionsSection 505(q)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)(1)) is amended—
 (1)in subparagraph (E)— (A)by striking If the Secretary and inserting the following:

 (i)In generalIf the Secretary;  (B)by striking the second sentence and inserting the following:

 (ii)FactorsIn determining whether a petition was submitted with the primary purpose of delaying the approval of an application, the Secretary shall consider—
 (I)whether it appears, based on the date that relevant information relied upon in the petition became known to the petitioner (or reasonably should have been known to the petitioner), as certified by the petitioner in accordance with subparagraph (H), that the petitioner has taken an unreasonable length of time to submit the petition;
 (II)whether the petitioner has submitted multiple or serial petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions;
 (III)whether the petition was submitted close in time to a known first date upon which an application under subsection (b)(2) of this section or section 351(k) of the Public Health Service Act could be approved;
 (IV)whether the petition was submitted without any data or information in support of the scientific positions set forth in the petition;
 (V)whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, particularly if the subsequent submission follows the earlier response closely in time;
 (VI)whether the petition concerns standards for approval of a drug for which the Secretary has provided an opportunity for public input, such as draft or final product-specific guidance applicable to the drug, and the petitioner has not provided comment other than through the petition;
 (VII)whether the petition requests that other applicants meet standards for testing, data, or labeling for a drug that are more onerous or rigorous than the standards applicable to, as applicable, the listed drug, reference product, or petitioner’s version of the same drug;
 (VIII)the history of the petitioner with the Food and Drug Administration, such as whether the petitioner has a history of submitting petitions that the Secretary has determined were submitted with the primary purpose of delay; and
 (IX)other relevant considerations, as the Secretary may describe in guidance.; and (C)by adding at the end the following:

 (iii)Public availabilityThe Secretary shall publish on the internet website of the Food and Drug Administration a list of any petitions that the Secretary determines were submitted for the primary purpose of delaying the approval of an application.
 (iv)Referral to the Federal Trade CommissionThe Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner and an opportunity for the petitioner to respond to the Secretary prior to referral to the Federal Trade Commission.; and
 (2)by adding at the end the following:  (J)Timeline for submitting petitionsThe Secretary may establish a time period after the relevant information relied upon in a petition became known to the petitioner (or reasonably should have been known to a petitioner), as certified by the petitioner in accordance with subparagraph (H), and any petition that is submitted after such time period has passed shall be summarily denied..


 HR 264 ENR: To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the “Joseph Hayne Rainey Memorial Post Office Building”.
U.S. House of Representatives

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

I
One Hundred Seventeenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one
H. R. 264

AN ACT
To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the Joseph Hayne Rainey Memorial Post Office Building.

1.Joseph Hayne Rainey Memorial Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, shall be known and designated as the Joseph Hayne Rainey Memorial Post Office Building. (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 Joseph Hayne Rainey Memorial Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		III
		110th CONGRESS
		2d Session
		S. RES. 640
		IN THE SENATE OF THE UNITED STATES

			July 31, 2008
			Mr. Cardin (for himself
			 and Mrs. Clinton) submitted the following
			 resolution; which was referred to the Committee on Health, Education, Labor, and
			 Pensions

		RESOLUTION
		Expressing the sense of the Senate that
		  there should be an increased Federal commitment to public health and the
		  prevention of diseases and injuries for all people in the United
		  States.

		Whereas the United States has the highest rate of
			 preventable deaths among 19 industrialized countries and lags behind 28 other
			 members of the United Nations in life expectancy;
		Whereas various research studies suggest that nearly 60
			 percent of premature deaths in the United States are attributable to
			 environmental conditions, social circumstances, or behavioral choices that
			 could be prevented;
		Whereas more money is spent each year on health care in
			 the United States than in any other country in the world;
		Whereas, of the more than $2,200,000,000,000 spent on
			 health care in the United States each year, less than 4 cents out of every
			 dollar are spent on improving public health and preventing diseases and
			 injuries;
		Whereas chronic diseases are the leading cause of
			 preventable death and disability in the United States, accounting for 7 out of
			 every 10 deaths and killing more than 1,700,000 people in the United States
			 each year;
		Whereas those often preventable chronic diseases account
			 for approximately 75 percent of health care spending in the United States each
			 year, including more than 96 cents out of every dollar spent under the Medicare
			 program and more than 83 cents out of every dollar spent under the Medicaid
			 program;
		Whereas those chronic diseases cost the United States an
			 additional $1,000,000,000,000 each year in lost productivity and are a major
			 contributing factor to the overall poor health that is placing the Nation’s
			 economic security and competitiveness in jeopardy;
		Whereas the number of people with chronic diseases is
			 rapidly increasing, and it is estimated that by 2050 nearly half of the
			 population of the United States will suffer from at least one chronic disease
			 if action is not taken;
		Whereas the use of clinically-based preventive services
			 has been demonstrated to prevent or result in early detection of cancer and
			 other diseases, save lives, and reduce overall health care costs; and
		Whereas research has shown that investing in
			 community-level interventions that promote and enable proper nutrition,
			 increased access to physical activity, and smoking cessation programs can
			 prevent or mitigate chronic diseases, improve quality of life, increase
			 economic productivity, and reduce health care costs: Now, therefore, be
			 it

		That the Senate—
			(1)recognizes that,
			 in order to reduce the disease burden and health care costs associated with
			 preventable diseases and injuries, it is imperative that the United States
			 strengthen its public health system—
				(A)to provide all
			 people in the United States with the information, resources, and environment
			 necessary to make healthier choices and live healthier lives; and
				(B)to protect all
			 people in the United States from health threats beyond their control, such as
			 bioterrorism, natural disasters, infectious disease outbreaks, and
			 environmental hazards;
				(2)commits to
			 creating public health strategies to eliminate health disparities and improve
			 the health of all people in the United States, regardless of race, ethnicity,
			 or socioeconomic status;
			(3)supports the
			 prioritizing of public policies focusing on the prevention of disease and
			 injury;
			(4)calls for
			 community-based programs to support healthy lifestyles, including programs that
			 promote proper nutrition and increased access to physical activity;
			(5)urges the
			 expansion of clinical preventive activities, including screenings and
			 immunizations; and
			(6)pledges to help
			 significantly improve the health of all people in the United States by
			 supporting increased investment in Federal public health programs.


117 HR 127 IH: Sabika Sheikh Firearm Licensing and Registration Act
U.S. House of Representatives
2021-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 127IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2021Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo provide for the licensing of firearm and ammunition possession and the registration of firearms, and to prohibit the possession of certain ammunition.1.Short titleThis Act may be cited as the Sabika Sheikh Firearm Licensing and Registration Act.2.Licensing of firearm and ammunition possession; registration of firearms(a)Firearm licensing and registration system(1)In generalChapter 44 of title 18, United States Code, is amended by adding at the end the following:932.Licensing of firearm and ammunition possession; registration of firearms(a)In generalThe Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall establish a system for licensing the possession of firearms or ammunition in the United States, and for the registration with the Bureau of each firearm present in the United States.(b)Firearm registration system(1)Required informationUnder the firearm registration system, the owner of a firearm shall transmit to the Bureau—(A)the make, model, and serial number of the firearm, the identity of the owner of the firearm, the date the firearm was acquired by the owner, and where the firearm is or will be stored; and(B)a notice specifying the identity of any person to whom, and any period of time during which, the firearm will be loaned to the person.(2)Deadline for supplying informationThe transmission required by paragraph (1) shall be made—(A)in the case of a firearm acquired before the effective date of this section, within 3 months after the effective date of this section; or(B)in the case of a firearm acquired on or after the effective date, on the date the owner acquires the firearm.(3)Database(A)In generalThe Attorney General shall establish and maintain a database of all firearms registered pursuant to this subsection.(B)AccessThe Attorney General shall make the contents of the database accessible to all members of the public, all Federal, State, and local law enforcement authorities, all branches of the United States Armed Forces, and all State and local governments, as defined by the Bureau.(c)Licensing system(1)Requirements(A)General licenseExcept as otherwise provided in this subsection, the Attorney General shall issue to an individual a license to possess a firearm and ammunition if the individual—(i)has attained 21 years of age;(ii)after applying for the license—(I)undergoes a criminal background check conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, and the check does not indicate that possession of a firearm by the individual would violate subsection (g) or (n) of section 922 or State law;(II)undergoes a psychological evaluation conducted in accordance with paragraph (2), and the evaluation does not indicate that the individual is psychologically unsuited to possess a firearm; and(III)successfully completes a training course, certified by the Attorney General, in the use, safety, and storage of firearms, that includes at least 24 hours of training; and(iii)demonstrates that, on issuance of the license, the individual will have in effect an insurance policy issued under subsection (d).(B)Antique firearm display licenseThe Attorney General shall issue to an individual a license to display an antique firearm in a residence of the individual if the individual—(i)is the holder of a license issued under subparagraph (A);(ii)supplies proof that the individual owns an antique firearm;(iii)describes the manner in which the firearm will be displayed in accordance with regulations prescribed by the Attorney General, and certifies that the firearm will be so displayed; and(iv)demonstrates that the individual has provided for storage of the firearm in a safe or facility approved by the Attorney General for the storage of firearms.(C)Military-style weapons licenseThe Attorney General shall issue to an individual a license to own and possess a military-style weapon if the individual—(i)is the holder of a license issued under subparagraph (A); and(ii)after applying for a license under this subparagraph, successfully completes a training course, certified by the Attorney General, in the use, safety, and storage of the weapon, that includes at least 24 hours of training and live fire training.(2)Psychological evaluationA psychological evaluation is conducted in accordance with this paragraph if—(A)the evaluation is conducted in compliance with such standards as shall be established by the Attorney General;(B)the evaluation is conducted by a licensed psychologist approved by the Attorney General;(C)as deemed necessary by the licensed psychologist involved, the evaluation included a psychological evaluation of other members of the household in which the individual resides; and(D)as part of the psychological evaluation, the licensed psychologist interviewed any spouse of the individual, any former spouse of the individual, and at least 2 other persons who are a member of the family of, or an associate of, the individual to further determine the state of the mental, emotional, and relational stability of the individual in relation to firearms.(3)Denial of license(A)RequiredThe Attorney General shall deny such a license to an individual if—(i)the individual is prohibited by Federal law from possessing a firearm; or(ii)the individual has been hospitalized—(I)with a mental illness, disturbance, or diagnosis (including depression, homicidal ideation, suicidal ideation, attempted suicide, or addiction to a controlled substance (within the meaning of the Controlled Substances Act) or alcohol), or a brain disease (including dementia or Alzheimer’s); or(II)on account of conduct that endangers self or others.(B)AuthorizedThe Attorney General may deny such a license to an individual if—(i)the psychological evaluation referred to in paragraph (2) indicates that the individual—(I)has a chronic mental illness or disturbance, or a brain disease, referred to in subparagraph (A)(ii)(I);(II)is addicted to a controlled substance (within the meaning of the Controlled Substances Act) or alcohol; or(III)has attempted to commit suicide; or(ii)prior psychological treatment or evaluation of the individual indicated that the individual engaged in conduct that posed a danger to self or others.(4)Suspension of license(A)In generalA license issued under this subsection to an individual who is under indictment for a crime punishable by imprisonment for a term exceeding 1 year is hereby suspended.(B)Authorized for lack of firearm insuranceThe Attorney General may suspend a license issued under this subsection to an individual who has violated section 922(dd) in the most recent 12-month period.(5)Revocation of licenseA license issued under this subsection to an individual who is or becomes prohibited by Federal or State law from possessing a firearm is hereby revoked. Such an individual shall immediately return the license, and surrender all firearms and ammunition owned or possessed by the individual, to the Attorney General.(6)Expiration of licenseA license issued to an individual under this subsection shall expire—(A)in the case of a license that has been in effect for less than 5 years, 1 year after issuance or renewal, as the case may be; or(B)in the case of a license that has been in effect for at least 5 years, 3 years after the most recent date the license is renewed.(7)Renewal of licenseThe Attorney General shall renew a license issued to an individual under this subsection if the individual—(A)requests the renewal by the end of the 60-day period that begins with the date the license expires;(B)in the 3-year period ending with the date the renewal is requested—(i)has met the requirement of paragraph (1)(A)(ii)(II); and(ii)has successfully completed a training course, certified by the Attorney General, in the use, safety, and storage of firearms, that includes at least 8 hours of training;(C)meets the requirement of paragraph (1)(A)(iii); and(D)in the case of a license issued under paragraph (1)(C), in the 2-year period ending with the date the renewal is requested, has successfully completed a training course, certified by the Attorney General, that includes at least 8 hours of training in the use of the weapon subject to the license.(d)Firearm insurance(1)In generalThe Attorney General shall issue to any person who has applied for a license pursuant to subsection (c) and has paid to the Attorney General the fee specified in paragraph (2) of this subsection a policy that insures the person against liability for losses and damages resulting from the use of any firearm by the person during the 1-year period that begins with the date the policy is issued.(2)FeeThe fee specified in this paragraph is $800..(2)Military-style weapon definedSection 921(a) of such title is amended by inserting after paragraph (29) the following:(30)The term military-style weapon means—(A)any of the firearms, or copies or duplicates of the firearms in any caliber, known as—(i)Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);(ii)Action Arms Israeli Military Industries UZI and Galil;(iii)Beretta Ar70 (SC–70);(iv)Colt AR–15;(v)Fabrique National FN/FAL, FN/LAR, and FNC;(vi)SWD M–10, M–11, M–11/9, and M–12;(vii)Steyr AUG;(viii)INTRATEC TEC–9, TEC–DC9 and TEC–22; and(ix)revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;(B)a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of—(i)a folding or telescoping stock;(ii)a pistol grip that protrudes conspicuously beneath the action of the weapon;(iii)a bayonet mount;(iv)a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and(v)a grenade launcher;(C)a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of—(i)an ammunition magazine that attaches to the pistol outside of the pistol grip;(ii)a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;(iii)a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;(iv)a manufactured weight of 50 ounces or more when the pistol is unloaded; and(v)a semiautomatic version of an automatic firearm; and(D)a semiautomatic shotgun that has at least 2 of—(i)a folding or telescoping stock;(ii)a pistol grip that protrudes conspicuously beneath the action of the weapon;(iii)a fixed magazine capacity in excess of 5 rounds; and(iv)an ability to accept a detachable magazine..(3)Clerical amendmentThe table of sections for such chapter is amended by adding at the end the following:932. Licensing of firearm and ammunition possession; registration of firearms..(4)Deadline for establishmentWithin 1 year after the date of the enactment of this Act, the Attorney General shall prescribe final regulations to implement the amendments made by this subsection.(b)Prohibitions; penalties(1)ProhibitionsSection 922 of such title is amended by adding at the end the following:(aa)It shall be unlawful for a person to possess a firearm or ammunition, unless—(1)the person is carrying a valid license issued under section 932(c)(1); and(2)(A)in the case of a firearm owned by the person, the firearm is registered to the person under section 932(b); or(B)in the case of a firearm owned by another person—(i)the firearm is so registered to such other person; and(ii)such other person has notified the Attorney General that the firearm has been loaned to the person, and the possession is during the loan period specified in the notice.(bb)(1)It shall be unlawful for a person to transfer a firearm or ammunition to a person who is not licensed under section 932(c)(1).(2)It shall be unlawful for a person to sell or give a firearm or ammunition to another person unless the person has notified the Attorney General of the sale or gift.(3)It shall be unlawful for a person to loan a firearm or ammunition to another person unless the person has notified the Attorney General of the loan, including the identity of such other person and the period for which the loan is made.(4)It shall be unlawful for a person holding a valid license issued under section 932(c)(1) to transfer a firearm to an individual who has not attained 18 years of age.(cc)A person who possesses a firearm or to whom a license is issued under section 932(c)(1) shall have in effect an insurance policy issued under section 932(d)..(2)PenaltiesSection 924(a) of such title is amended by adding at the end the following:(8)Whoever knowingly violates section 922(aa) shall be fined not less than $75,000 and not more than $150,000, imprisoned not less than 15 years and not more than 25 years, or both.(9)(A)Whoever knowingly violates section 922(bb)(1) shall be fined not less than $50,000 and not more than $75,000, imprisoned not less than 10 years and not more than 15 years, or both.(B)Whoever knowingly violates section 922(bb)(2) shall be fined not less than $30,000 and not more than $50,000, imprisoned not less than 5 years and not more than 10 years, or both.(C)Whoever knowingly violates section 922(bb)(3) shall be fined not less than $5,000 and not more than $10,000.(D)Whoever knowingly violates section 922(bb)(4) shall be fined not less than $75,000 and not more than $100,000, imprisoned not less than 15 years and not more than 25 years, or both, except that if the transferee of the firearm possess or uses the firearm during or in relation to a crime, an unintentional shooting, or suicide, the transferor shall be fined not less than $100,000 and not more than $150,000, imprisoned not less than 25 years and not more than 40 years, or both.(10)Whoever knowingly violates section 922(cc) shall be fined not less than $50,000 and not more than $100,000, imprisoned not less than 10 years and not more than 20 years, or both..(3)Conforming amendments(A)Elimination of prohibition on establishment of centralized firearm registration systemSection 926(a) of such title is amended by striking the 2nd sentence.(B)Applicability to governmental and military firearms and ammunitionSection 925(a) of such title is amended in each of paragraphs (1) and (2), by inserting and except for section 932, after the 2nd comma.(4)Effective dateThe amendments made by this subsection shall take effect on the date final regulations are prescribed under subsection (a)(4).3.Prohibition on possession of certain ammunition(a)In generalSection 922 of title 18, United States Code, as amended by section 2 of this Act, is amended by adding at the end the following:(dd)(1)It shall be unlawful for any person to possess ammunition that is 0.50 caliber or greater.(2)(A)It shall be unlawful for any person to possess a large capacity ammunition feeding device.(B)Subparagraph (A) shall not apply to—(i)the manufacture for, or possession by, the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or the possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);(ii)the possession by an employee or contractor of a licensee under title I of the Atomic Energy Act of 1954 on-site for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or off-site for purposes of licensee-authorized training or transportation of nuclear materials;(iii)the manufacture or possession by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or(iv)the manufacture for, or possession by, an organization that provides firearm training and that is registered with the Attorney General, or the possession by an individual to whom such an organization is providing firearm training during and at the location of the training..(b)Large capacity ammunition feeding device definedSection 921(a) of such title, as amended by section 1 of this Act, is amended by inserting after paragraph (30) the following:(31)The term large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition..(c)PenaltiesSection 924(a) of such title, as amended by section 2 of this Act, is amended by adding at the end the following:(11)(A)Whoever knowingly violates section 922(dd)(1) shall be fined not less than $50,000 and not more than $100,000, imprisoned not less than 10 years and not more than 20 years, or both.(B)Whoever knowingly violates section 922(dd)(2) shall be fined not less than $10,000 and not more than $25,000, imprisoned not less than 1 year and not more than 5 years, or both..


116 S4408 IS: Upskilling and Retraining Assistance Act
U.S. Senate
2020-08-04
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. 4408IN THE SENATE OF THE UNITED STATESAugust 4, 2020Ms. Hassan (for herself, Mr. Young, and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes.1.Short titleThis Act may be cited as the Upskilling and Retraining Assistance Act.2.Temporary increase in exclusion for educational assistance programsIn the case of taxable years beginning after December 31, 2019, and before January 1, 2022, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting $12,000 for $5,250 each place it appears.3.Expenses for education-related tools and technology(a)In generalParagraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking equipment both places it appears in subparagraphs (A) and (C) thereof and inserting education-related tools and technology and other equipment.(b)Education-Related tools and technologySubsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:(8)Education-related tools and technologyFor purposes of paragraph (1), the term education-related tools and technology includes any—(A)hand tools and construction equipment,(B)computer or peripheral equipment (as defined in section 168(i)(2)(B)),(C)computer software (as defined in section 197(e)(3)(B)), including any licensing fees,(D)internet access and related services (including equipment or technology necessary for internet access),(E)internet, mobile, or virtual reality learning tools and technology,(F)licensure fees, materials, or other equipment, and(G)any other tools or technology as determined by the Secretary, in coordination with the Secretary of Education,provided to an employee which is required for the education of the employee or in connection with a course of instruction for the employee, or is required in order for the employee to obtain professional advancement, to obtain any certification, licensure, or employment under any State, regional or national guidelines or regulations applicable to a trade or other skilled profession, or to maintain such a certification, licensure, or employment through a continuing education program..(c)Employee retention of education-Related tools and technologyParagraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking completion of a course of instruction, and inserting completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),.(d)Effective dateThe amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.


		III
		110th CONGRESS
		1st Session
		S. RES. 320
		IN THE SENATE OF THE UNITED STATES

			September 18, 2007
			Mr. Biden (for himself,
			 Mr. Lugar, and Mr. Cardin) submitted the following resolution;
			 which was referred to the Committee on
			 Foreign Relations

			September 21, 2007
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Recognizing the achievements of the people
		  of Ukraine in pursuit of freedom and democracy, and expressing the hope that
		  the parliamentary elections on September 30, 2007, preserve and extend these
		  gains and provide for a stable and representative government.

		Whereas the people of Ukraine have overcome financial and
			 political hardships to achieve a democratic system in which decisions have been
			 reached without violence and through free and fair elections;
		Whereas Ukraine has already conducted elections considered
			 free, fair, and consistent with the principles of the Organization for Security
			 and Cooperation in Europe on 2 previous occasions;
		Whereas the people of Ukraine deserve an elected and
			 representative government that can work together and pass legislation to
			 improve the quality of life for all Ukrainians; and
		Whereas the people of Ukraine have successfully
			 established a growing free press, an increasingly independent judiciary, and a
			 respect for human rights and the rule of law, which enhance freedom, stability,
			 and prosperity: Now, therefore, be it

		That the Senate—
			(1)acknowledges the
			 cooperation and friendship between the people of the United States and the
			 people of Ukraine since the restoration of Ukraine’s independence in 1991 and
			 the natural affections of the millions of Americans whose ancestors emigrated
			 from Ukraine;
			(2)expresses the
			 admiration of the American people for the ongoing success of the Ukranian
			 people at removing violence from politics, for which Ukrainians should be
			 proud, in particular the free and fair presidential elections of December 26,
			 2004, and the parliamentary elections of March 26, 2006;
			(3)encourages the
			 people of Ukraine to maintain the democratic successes of the Orange Revolution
			 of 2004, and expresses the hope that the leaders of Ukraine will conduct the
			 September 30, 2007, elections in keeping with the standards of the Organization
			 for Security and Cooperation in Europe (OSCE), of which both the United States
			 and Ukraine are participating states;
			(4)urges the leaders
			 and parties of Ukraine to overcome past differences and work together
			 constructively to enhance the economic and political stability of the country
			 that the people of Ukraine deserve; and
			(5)pledges the
			 continued assistance of the United States to the continued progress and further
			 development of a free and representative democratic government in Ukraine based
			 on the rule of law and the principle of human rights.