109 HR 5625 IH: Time for Schools Act of

U.S. House of Representatives
2006-06-15
text/xml
EN
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		I
		109th CONGRESS
		2d Session
		H. R. 5625
		IN THE HOUSE OF REPRESENTATIVES

			June 15, 2006
			Mrs. Maloney
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce, and in addition to the Committees on
			 Government Reform and
			 House Administration, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Family and Medical Leave Act of 1993 to
		  expand the scope of the Act, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Family and Medical Leave
			 Expansion Act.
			(b)Table of
			 contentsThe table of
			 contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Title I—Family income to respond to significant
				transitions
					Sec. 101. Short title.
					Sec. 102. Purposes.
					Sec. 103. Definitions.
					Sec. 104. Grant projects.
					Sec. 105. Notification.
					Sec. 106. Evaluations and reports.
					Sec. 107. Authorization of appropriations.
					Sec. 108. Technical and conforming amendments.
					Title II—Family friendly workplaces
					Sec. 201. Short title.
					Sec. 202. Coverage of employees.
					Title III—Employment protection for battered women
					Sec. 301. Entitlement to Leave for addressing domestic violence
				for non-federal employees.
					Sec. 302. Entitlement to Leave for addressing domestic violence
				for Federal employees.
					Sec. 303. Existing Leave usable for domestic
				violence.
					Title IV—Federal employees paid parental Leave
					Sec. 401. Short title.
					Sec. 402. Grant project.
					Sec. 403. Technical and conforming amendments.
					Sec. 404. Effective date.
					Title V—Time for schools
					Sec. 501. Short title.
					Sec. 502. General requirements for Leave.
					Sec. 503. School involvement Leave for civil service
				employees.
					Sec. 504. Effective date.

			2.FindingsCongress makes the following
			 findings:
			(1)Since the enactment of the Family and
			 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), more than 50,000,000
			 Americans have taken leave for family or medical reasons.
			(2)Of those taking leave under the Family and
			 Medical Leave Act of 1993, 52 percent took the leave for their own serious
			 health conditions, and 26 percent took the leave to care for a new child or for
			 maternity disability reasons.
			(3)While the leave provided by the Family and
			 Medical Leave Act of 1993 has proven to be a critical resource for millions of
			 Americans, too many people are left behind because the Act provides only unpaid
			 leave.
			(4)According to a 2000 Department of Labor
			 survey—
				(A)3,500,000 Americans needed family and
			 medical leave but could not afford to take time off without pay;
				(B)nearly four-fifths (78 percent) of those
			 surveyed who needed the leave but did not take it said they could not afford
			 unpaid leave;
				(C)9 percent of those taking family and
			 medical leave and receiving less than full pay during their longest period of
			 the leave had to go on public assistance to cover their lost wages; and
				(D)73 percent of those taking family and
			 medical leave had incomes above $30,000.
				(5)Decades ago, only a tiny fraction of
			 mothers with infants under age 1 were in the workforce. In 2004, about 55
			 percent of mothers with infants under age 1 were in the workforce.
			(6)Worldwide, 128 countries of the 172
			 responding to an International Social Security Association survey in 1999
			 provided at least some paid and job protected maternity leave, and, on average,
			 provided 16 weeks of basic paid maternity leave. In some countries, paid
			 maternity leave is mandatory and in others it is voluntary.
			(7)A European Union directive mandating 14
			 weeks of paid maternity leave was adopted as a health and safety measure in
			 1992.
			(8)Among the 29 Organization for Economic
			 Cooperation and Development (OECD) countries, the most advanced industrialized
			 countries, the average period of childbirth-related leave (including maternity,
			 paternity, and parental leaves) is 44 weeks (10 months) with additional time
			 provided in some countries for leave to care for a sick child. In those
			 countries, the average duration of paid childbirth-related leave is 36
			 weeks.
			(9)In more than half of the OECD countries (16
			 countries), the cash benefit provided while on the paid childbirth-related
			 leave replaces between 70 and 100 percent of prior wages.
			(10)Among the OECD countries, adoptive mothers
			 and adoptive parents are increasingly eligible for the paid childbirth-related
			 leave.
			IFamily income to respond to significant
			 transitions
			101.Short
			 titleThis title may be cited
			 as the Family Income to Respond to
			 Significant Transitions Insurance Act.
			102.PurposesThe purposes of this title are—
				(1)to establish a grant program that supports
			 the efforts of States and political subdivisions to provide partial or full
			 wage replacement, often referred to as FIRST insurance, to new parents so that
			 the new parents are able to spend time with a new infant or newly adopted
			 child, and to other employees; and
				(2)to learn about the most effective
			 mechanisms for providing the wage replacement assistance.
				103.DefinitionsIn this title:
				(1)Employer; son or
			 daughter; StateThe terms
			 employer, son or daughter, and State
			 have the meanings given the terms in section 101 of the Family and Medical
			 Leave Act of 1993 (29 U.S.C. 2611).
				(2)SecretaryThe term Secretary means the
			 Secretary of Labor, acting after consultation with the Secretary of Health and
			 Human Services.
				104.grant
			 projects
				(a)Grants
					(1)In
			 generalThe Secretary shall
			 make grants to eligible entities to pay for the Federal share of the cost of
			 carrying out projects that assist families by providing, through various
			 mechanisms, wage replacement for eligible individuals who are responding
			 to—
						(A)caregiving needs resulting from the birth
			 or adoption of a son or daughter; or
						(B)other family caregiving needs.
						(2)PeriodsThe Secretary shall make the grants for
			 periods of 5 years.
					(b)Eligible
			 entitiesTo be eligible to
			 receive a grant under this section, an entity shall be a State or political
			 subdivision of a State.
				(c)Use of
			 funds
					(1)In
			 generalAn entity that
			 receives a grant under this section may use the funds made available through
			 the grant to provide partial or full wage replacement as described in
			 subsection (a) to eligible individuals—
						(A)directly;
						(B)through an insurance program, such as a
			 State temporary disability insurance program or the State unemployment
			 compensation benefit program;
						(C)through a private disability or other
			 insurance plan, or another mechanism provided by a private employer; or
						(D)through another mechanism.
						(2)PeriodIn carrying out a project under this
			 section, the entity shall provide partial or full wage replacement to eligible
			 individuals for not less than 6 weeks during a period of leave, or an absence
			 from employment, described in subsection (d)(2), during any 12-month period.
			 Wage replacement available to an individual under this paragraph shall be in
			 addition to any compensation from annual or sick leave that the individual may
			 elect to use during a period of leave, or an absence from employment, described
			 in subsection (d)(2), during any 12-month period.
					(3)Administrative
			 costsNo entity may use more
			 than 10 percent of the total funds made available through the grant during the
			 5-year period of the grant to pay for the administrative costs relating to a
			 project described in subsection (a).
					(d)Eligible
			 individualsTo be eligible to
			 receive wage replacement under subsection (a), an individual shall—
					(1)meet such eligibility criteria as the
			 eligible entity providing the wage replacement may specify in an application
			 described in subsection (e); and
					(2)be—
						(A)an individual who is taking leave, under
			 the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), other
			 Federal, State, or local law, or a private plan, for a reason described in
			 subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave
			 Act of 1993 (29 U.S.C. 2612(a)(1));
						(B)at the option of the eligible entity, an
			 individual who—
							(i)is taking leave, under that Act, other
			 Federal, State, or local law, or a private plan, for a reason described in
			 subparagraph (C), (D), (E), or (F) of section 102(a)(1) of the Family and
			 Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)); or
							(ii)leaves employment, and has an absence from
			 employment, because the individual has elected to care for a son or daughter
			 under age 1; or
							(C)at the option of the eligible entity, an
			 individual who has an absence from employment and has other characteristics
			 specified by the eligible entity in an application described in subsection
			 (e).
						(e)ApplicationTo be eligible to receive a grant under
			 this section, an entity shall submit an application to the Secretary, at such
			 time, in such manner, and containing such information as the Secretary may
			 require, including, at a minimum—
					(1)a plan for the project to be carried out
			 with the grant;
					(2)information demonstrating that the
			 applicant consulted representatives of employers and employees, including labor
			 organizations, in developing the plan;
					(3)estimates of the costs and benefits of the
			 project;
					(4)(A)information on the number and type of
			 families to be covered by the project, and the extent of such coverage in the
			 area served under the grant; and
						(B)information on any criteria or
			 characteristics that the entity will use to determine whether an individual is
			 eligible for wage replacement under subsection (a), as described in paragraphs
			 (1) and (2)(C) of subsection (d);
						(5)if the project will expand on State and
			 private systems of wage replacement for eligible individuals, information on
			 the manner in which the project will expand on the systems;
					(6)information demonstrating the manner in
			 which the wage replacement assistance provided through the project will assist
			 families in which an individual takes leave or is absent from employment as
			 described in subsection (d)(2); and
					(7)an assurance that the applicant will
			 participate in efforts to evaluate the effectiveness of the project.
					(f)Selection
			 criteriaIn selecting
			 entities to receive grants for projects under this section, the Secretary
			 shall—
					(1)take into consideration—
						(A)the scope of the proposed projects;
						(B)the cost-effectiveness, feasibility, and
			 financial soundness of the proposed projects;
						(C)the extent to which the proposed projects
			 would expand access to wage replacement in response to family caregiving needs,
			 particularly for low-wage employees, in the area served by the grant;
			 and
						(D)the benefits that would be offered to
			 families and children through the proposed projects; and
						(2)to the extent feasible, select entities
			 proposing projects that utilize diverse mechanisms, including expansion of
			 State unemployment compensation benefit programs, and establishment or
			 expansion of State temporary disability insurance programs, to provide the wage
			 replacement.
					(g)Federal
			 share
					(1)In
			 generalThe Federal share of
			 the cost described in subsection (a) shall be—
						(A)50 percent for the first year of the grant
			 period;
						(B)40 percent for the second year of that
			 period;
						(C)30 percent for the third year of that
			 period; and
						(D)20 percent for each subsequent year.
						(2)Non-federal
			 shareThe non-Federal share
			 of the cost may be in cash or in kind, fairly evaluated, including plant,
			 equipment, and services and may be provided from State, local, or private
			 sources, or Federal sources other than this title.
					(h)Supplement not
			 supplantFunds appropriated
			 pursuant to the authority of this title shall be used to supplement and not
			 supplant other Federal, State, and local public funds and private funds
			 expended to provide wage replacement.
				(i)Effect on
			 existing rightsNothing in
			 this title shall be construed to supersede, preempt, or otherwise infringe on
			 the provisions of any collective bargaining agreement or any employment benefit
			 program or plan that provides greater rights to employees than the rights
			 established under this title.
				105.NotificationAn eligible entity that provides partial or
			 full wage replacement to an eligible individual under this title shall notify
			 (in a form and manner prescribed by the Secretary)—
				(1)the employer of the individual of the
			 amount of the wage replacement provided; and
				(2)the individual and the employer of the
			 individual that the employer shall count an appropriate period of leave,
			 calculated under section 102(g) of the Family and Medical Leave Act of 1993 (29
			 U.S.C. 2612(g)), as added by section 108, against the total amount of leave (if
			 any) to which the employee is entitled under section 102(a)(1) of that Act (29
			 U.S.C. 2612(a)(1)).
				106.Evaluations and
			 reports
				(a)Available
			 fundsThe Secretary shall use
			 not more than 2 percent of the funds made available under section 107 to carry
			 out this section.
				(b)EvaluationsThe Secretary shall, directly or by
			 contract, evaluate the effectiveness of projects carried out with grants made
			 under section 104, including conducting—
					(1)research relating to the projects,
			 including research comparing—
						(A)the scope of the projects, including the
			 type of insurance or other wage replacement mechanism used, the method of
			 financing used, the eligibility requirements, the level of the wage replacement
			 benefit provided (such as the percentage of salary replaced), and the length of
			 the benefit provided, for the projects;
						(B)the utilization of the projects, including
			 the characteristics of individuals who benefit from the projects, particularly
			 low-wage workers, and factors that determine the ability of eligible
			 individuals to obtain wage replacement through the projects; and
						(C)the costs of and savings achieved by the
			 projects, including the cost-effectiveness of the projects and their benefits
			 for children and families;
						(2)analysis of the overall need for wage
			 replacement; and
					(3)analysis of the impact of the projects on
			 the overall availability of wage replacement.
					(c)Reports
					(1)Initial
			 reportNot later than 3 years
			 after the beginning of the grant period for the first grant made under section
			 104, the Secretary shall prepare and submit to Congress a report that contains
			 information resulting from the evaluations conducted under subsection
			 (b).
					(2)Subsequent
			 reportsNot later than 4
			 years after the beginning of that grant period, and annually thereafter, the
			 Secretary shall prepare and submit to Congress a report that contains—
						(A)information resulting from the evaluations
			 conducted under subsection (b); and
						(B)usage data for the grant projects, for the
			 most recent year for which the data are available.
						107.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this title $400,000,000 for fiscal
			 year 2007 and such sums as may be necessary for each subsequent fiscal
			 year.
			108.Technical and
			 conforming amendments
				(a)In
			 generalSection 102 of the
			 Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended by adding at
			 the end the following:

						(g)Relationship to
				FIRST insurance
							(1)Full wage
				replacementIf an eligible
				entity provides full wage replacement to an employee for a period under title I
				of the Family and Medical Leave Expansion Act, the employee’s employer shall
				count an amount of leave, equal to that period, against the total amount of
				leave (if any) to which the employee is entitled under subsection
				(a)(1).
							(2)Partial wage
				replacementIf an eligible
				entity provides partial wage replacement to an employee for a period under
				title I of the Family and Medical Leave Expansion Act, the employee’s employer
				shall—
								(A)total the amount of partial wage
				replacement provided for that period;
								(B)convert the total into a corresponding
				amount of full wage replacement provided for a proportionately reduced period;
				and
								(C)count an amount of leave, equal to the
				period described in subparagraph (B), against the total amount of leave (if
				any) to which the employee is entitled under subsection
				(a)(1).
								.
				(b)Technical and
			 conforming amendmentsSection
			 102(d)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)) is
			 amended by striking for leave each place it appears and
			 inserting for any unpaid leave.
				IIFamily friendly workplaces
			201.Short
			 titleThis title may be cited
			 as the Family and Medical Leave
			 Fairness Act of 2005.
			202.Coverage of
			 employeesParagraphs
			 (2)(B)(ii) and (4)(A)(i) of section 101 of the Family and Medical Leave Act of
			 1993 (29 U.S.C. 2611(2)(B)(ii) and (4)(A)(i)) are amended by striking
			 50 each place it appears and inserting 25.
			IIIEmployment protection for battered
			 women
			301.Entitlement to Leave
			 for addressing domestic violence for non-federal employees
				(a)DefinitionsSection 101 of the Family and Medical Leave
			 Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the
			 following:

						(14)Addressing
				domestic violence and its effectsThe term addressing domestic violence
				and its effects means—
							(A)being unable to attend or perform work due
				to an incident of domestic violence;
							(B)seeking medical attention for or recovering
				from injuries caused by domestic violence;
							(C)seeking legal assistance or remedies,
				including communicating with the police or an attorney, or participating in any
				legal proceeding, related to domestic violence;
							(D)obtaining services from a domestic violence
				shelter or program or rape crisis center as a result of domestic
				violence;
							(E)obtaining psychological counseling related
				to experiences of domestic violence;
							(F)participating in safety planning and other
				actions to increase safety from future domestic violence, including temporary
				or permanent relocation; and
							(G)participating in any other activity
				necessitated by domestic violence that must be undertaken during the hours of
				employment involved.
							(15)Domestic
				violenceThe term
				domestic violence means domestic violence, and dating violence, as
				such terms are defined in section 2105 of the Omnibus Crime Control and Safe Streets Act of
				1968 (42 U.S.C.
				3796hh–4).
						.
				(b)Leave
			 requirementSection 102 of
			 the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended—
					(1)in subsection (a)(1), by adding at the end
			 the following:

							(E)In order to care for the son, daughter, or
				parent of the employee, if such son, daughter, or parent is addressing domestic
				violence and its effects.
							(F)Because the employee is addressing domestic
				violence and its effects, which make the employee unable to perform the
				functions of the position of such
				employee.
							;
					(2)in subsection (b), by adding at the end the
			 following:

							(3)Domestic
				violenceLeave under
				subparagraph (E) or (F) of subsection (a)(1) may be taken by an eligible
				employee intermittently or on a reduced leave schedule. The taking of leave
				intermittently or on a reduced leave schedule pursuant to this paragraph shall
				not result in a reduction in the total amount of leave to which the employee is
				entitled under subsection (a) beyond the amount of leave actually
				taken.
							;
				and
					(3)in subsection (d)(2)(B), by striking
			 (C) or (D) and inserting (C), (D), (E), or
			 (F).
					(c)CertificationSection 103 of the Family and Medical Leave
			 Act of 1993 (29 U.S.C. 2613) is amended—
					(1)in the title of the section, by inserting
			 before the period the following: ; confidentiality; and
					(2)by adding at the end the following:

							(f)Domestic
				violenceIn determining if an
				employee meets the requirements of subparagraph (E) or (F) of section
				102(a)(1), the employer of an employee may require the employee to
				provide—
								(1)a written statement describing the domestic
				violence and its effects;
								(2)documentation of the domestic violence
				involved, such as a police or court record, or documentation from a shelter
				worker, an employee of a domestic violence program, an attorney, a member of
				the clergy, or a medical or other professional, from whom the employee has
				sought assistance in addressing domestic violence and its effects; or
								(3)other corroborating evidence, such as a
				statement from any other individual with knowledge of the circumstances that
				provide the basis for the claim of domestic violence, or physical evidence of
				domestic violence, such as a photograph, torn or bloody clothing, or any other
				damaged property.
								(g)ConfidentialityAll evidence provided to the employer under
				subsection (f) of domestic violence experienced by an employee or the son,
				daughter, or parent of an employee, including a statement of an employee, any
				other documentation or corroborating evidence, and the fact that an employee
				has requested leave for the purpose of addressing, or caring for a son,
				daughter, or parent who is addressing, domestic violence and its effects, shall
				be retained in the strictest confidence by the employer, except to the extent
				that disclosure is requested, or consented to, by the employee for the purpose
				of—
								(1)protecting the safety of the employee or a
				family member or co-worker of the employee; or
								(2)assisting in documenting domestic violence
				for a court or
				agency.
								.
					(d)Table of
			 contentsThe table of
			 contents in section 1(b) of the Family and Medical Leave Act of 1993 (29 U.S.C.
			 prec. 2601) is amended by striking the item relating to section 103 and
			 inserting the following:

							103. Certification;
				confidentiality.

						.
				302.Entitlement to Leave
			 for addressing domestic violence for Federal employees
				(a)DefinitionsSection 6381 of title 5, United States
			 Code, is amended—
					(1)at the end of paragraph (5), by striking
			 and;
					(2)in paragraph (6), by striking the period
			 and inserting a semicolon; and
					(3)by adding at the end the following:

							(7)the term addressing domestic violence
				and its effects has the meaning given the term in section 101 of the
				Family and Medical Leave Act of 1993 (29 U.S.C. 2611); and
							(8)the term domestic violence
				means domestic violence, and dating violence, as such terms are defined in
				section 2105 of the Omnibus Crime Control and
				Safe Streets Act of 1968 (42 U.S.C.
				3796hh–4).
							.
					(b)Leave
			 requirementSection 6382 of
			 title 5, United States Code, is amended—
					(1)in subsection (a)(1), by adding at the end
			 the following:

							(E)In order to care for the son, daughter, or
				parent of the employee, if such son, daughter, or parent is addressing domestic
				violence and its effects.
							(F)Because the employee is addressing domestic
				violence and its effects, which make the employee unable to perform the
				functions of the position of such
				employee.
							;
					(2)in subsection (b), by adding at the end the
			 following:

							(3)Domestic
				violenceLeave under
				subparagraph (E) or (F) of subsection (a)(1) may be taken by an employee
				intermittently or on a reduced leave schedule. The taking of leave
				intermittently or on a reduced leave schedule pursuant to this paragraph shall
				not result in a reduction in the total amount of leave to which the employee is
				entitled under subsection (a) beyond the amount of leave actually
				taken.
							;
				and
					(3)in subsection (d), by striking (C),
			 or (D) and inserting (C), (D), (E), or (F).
					(c)CertificationSection 6383 of title 5, United States
			 Code, is amended—
					(1)in the title of the section, by adding at
			 the end the following: ;
			 confidentiality; and
					(2)by adding at the end the following:

							(f)In determining if an employee meets the
				requirements of subparagraph (E) or (F) of section 6382(a)(1), the employing
				agency of an employee may require the employee to provide—
								(1)a written statement describing the domestic
				violence and its effects;
								(2)documentation of the domestic violence
				involved, such as a police or court record, or documentation from a shelter
				worker, an employee of a domestic violence program, an attorney, a member of
				the clergy, or a medical or other professional, from whom the employee has
				sought assistance in addressing domestic violence and its effects; or
								(3)other corroborating evidence, such as a
				statement from any other individual with knowledge of the circumstances that
				provide the basis for the claim of domestic violence, or physical evidence of
				domestic violence, such as a photograph, torn or bloody clothing, or other
				damaged property.
								(g)All evidence provided to the employing
				agency under subsection (f) of domestic violence experienced by an employee or
				the son, daughter, or parent of an employee, including a statement of an
				employee, any other documentation or corroborating evidence, and the fact that
				an employee has requested leave for the purpose of addressing, or caring for a
				son, daughter, or parent who is addressing, domestic violence and its effects,
				shall be retained in the strictest confidence by the employing agency, except
				to the extent that disclosure is requested, or consented to, by the employee
				for the purpose of—
								(1)protecting the safety of the employee or a
				family member or co-worker of the employee; or
								(2)assisting in documenting domestic violence
				for a court or
				agency.
								.
					(d)Table of
			 sectionsThe table of
			 sections for chapter 63 of title 5, United States Code, is amended by striking
			 the item relating to section 6383 and inserting the following:

							6383. Certification;
				confidentiality.

						.
				303.Existing Leave
			 usable for domestic violence
				(a)DefinitionsIn this section:
					(1)Addressing
			 domestic violence and its effectsThe term addressing domestic violence
			 and its effects has the meaning given the term in section 101 of the
			 Family and Medical Leave Act of 1993 (29 U.S.C. 2611), as amended in section
			 301(a).
					(2)EmployeeThe term employee means any
			 person employed by an employer. In the case of an individual employed by a
			 public agency, such term means an individual employed as described in section
			 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)).
					(3)EmployerThe term employer—
						(A)means any person engaged in commerce or in
			 any industry or activity affecting commerce who employs individuals, if such
			 person is also subject to the Family and Medical Leave Act of 1993 (29 U.S.C.
			 2601 et seq.) or to any provision of a State or local law, collective
			 bargaining agreement, or employment benefits program or plan, addressing paid
			 or unpaid leave from employment (including family, medical, sick, annual,
			 personal, or similar leave); and
						(B)includes any person acting directly or
			 indirectly in the interest of an employer in relation to any employee, and
			 includes a public agency, who is subject to a law, agreement, program, or plan
			 described in subparagraph (A), but does not include any labor organization
			 (other than when acting as an employer) or anyone acting in the capacity of
			 officer or agent of such labor organization.
						(4)Employment
			 benefitsThe term
			 employment benefits has the meaning given the term in section 101
			 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
					(5)Parent; son or
			 daughterThe terms
			 parent and son or daughter have the meanings given
			 the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C.
			 2611).
					(6)Public
			 agencyThe term public
			 agency has the meaning given the term in section 3 of the Fair Labor
			 Standards Act of 1938 (29 U.S.C. 203).
					(b)Use of existing
			 LeaveAn employee who is
			 entitled to take paid or unpaid leave (including family, medical, sick, annual,
			 personal, or similar leave) from employment, pursuant to State or local law, a
			 collective bargaining agreement, or an employment benefits program or plan,
			 shall be permitted to use such leave for the purpose of addressing domestic
			 violence and its effects, or for the purpose of caring for a son or daughter or
			 parent of the employee, if such son or daughter or parent is addressing
			 domestic violence and its effects.
				(c)CertificationIn determining whether an employee
			 qualifies to use leave as described in subsection (b), an employer may require
			 a written statement, documentation of domestic violence, or corroborating
			 evidence consistent with section 103(f) of the Family and Medical Leave Act of
			 1993 (29 U.S.C. 2613(f)), as amended by section 301(c).
				(d)ConfidentialityAll evidence provided to the employer under
			 subsection (c) of domestic violence experienced by an employee or the son or
			 daughter or parent of the employee, including a statement of an employee, any
			 other documentation or corroborating evidence, and the fact that an employee
			 has requested leave for the purpose of addressing, or caring for a son or
			 daughter or parent who is addressing, domestic violence and its effects, shall
			 be retained in the strictest confidence by the employer, except to the extent
			 that disclosure is requested, or consented to, by the employee for the purpose
			 of—
					(1)protecting the safety of the employee or a
			 family member or co-worker of the employee; or
					(2)assisting in documenting domestic violence
			 for a court or agency.
					(e)Prohibited
			 acts
					(1)Interference
			 with rights
						(A)Exercise of
			 rightsIt shall be unlawful
			 for any employer to interfere with, restrain, or deny the exercise of or the
			 attempt to exercise, any right provided under this section.
						(B)DiscriminationIt shall be unlawful for any employer to
			 discharge or in any other manner discriminate against an individual for
			 opposing any practice made unlawful by this section.
						(2)Interference
			 with proceedings or inquiriesIt shall be unlawful for any person to
			 discharge or in any other manner discriminate against any individual because
			 such individual—
						(A)has filed any charge, or had instituted or
			 caused to be instituted any proceeding, under or related to this
			 section;
						(B)has given, or is about to give, any
			 information in connection with any inquiry or proceeding relating to any right
			 provided under this section; or
						(C)has testified, or is about to testify, in
			 any inquiry or proceeding relating to any right provided under this
			 section.
						(f)Enforcement
					(1)Public
			 enforcementThe Secretary of
			 Labor shall have the powers set forth in subsections (b), (c), (d), and (e) of
			 section 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617) for
			 the purpose of public agency enforcement of any alleged violation of subsection
			 (e) against any employer.
					(2)Private
			 enforcementThe remedies and
			 procedures set forth in section 107(a) of the Family and Medical Leave Act of
			 1993 (29 U.S.C. 2617(a)) shall be the remedies and procedures pursuant to which
			 an employee may initiate a legal action against an employer for alleged
			 violations of subsection (e).
					(3)ReferencesFor purposes of paragraphs (1) and (2),
			 references in section 107 of the Family and Medical Leave Act of 1993 (29
			 U.S.C. 2617) to section 105 of such Act (29 U.S.C. 2615) shall be considered to
			 be references to subsection (e).
					(4)Employer
			 liability under other lawsNothing in this section shall be construed
			 to limit the liability of an employer to an employee for harm suffered relating
			 to the employee’s experience of domestic violence pursuant to any other Federal
			 or State law, including a law providing for a legal remedy.
					IVFederal employees paid parental
			 Leave
			401.Short
			 titleThis title may be cited
			 as the Federal Employees Paid Parental
			 Leave Act of 2005.
			402.grant
			 projectSubchapter V of
			 chapter 63 of title 5, United States Code, is amended—
				(1)by redesignating section 6387 as section
			 6388; and
				(2)by inserting after section 6386 the
			 following:

						6387.Paid leave grant
				project
							(a)The Office of Personnel Management may,
				through an agreement or contract with 1 or more employing agencies described in
				subsection (b), conduct under section 4703 a grant project that assists
				families by providing paid leave for eligible individuals who are responding
				to—
								(1)caregiving needs resulting from the birth
				or adoption of a son or daughter; or
								(2)other family caregiving needs.
								(b)In carrying out a project under this
				section, an employing agency of 1 or more employees shall provide partial or
				full paid leave to eligible individuals for not less than 6 weeks during a
				period of leave, or an absence from employment, described in subsection (c)(2),
				during any 12-month period. Paid leave available to an individual under this
				subsection shall be in addition to any annual or sick leave that the individual
				may elect to use during a period of leave, or an absence from employment,
				described in subsection (c)(2), during any 12-month period.
							(c)To be eligible to receive paid leave under
				subsection (a), an individual shall—
								(1)be an employee who meets such eligibility
				criteria as the Office of Personnel Management may specify in a plan described
				in section 4703(b); and
								(2)be—
									(A)an individual who is taking leave, under
				this subchapter, or other Federal law, for a reason described in subparagraph
				(A) or (B) of section 6382(a)(1);
									(B)at the option of the Office of Personnel
				Management, an individual who—
										(i)is taking leave, under this subchapter, or
				other Federal law, for a reason described in subparagraph (C), (D), (E), or (F)
				of section 6382(a)(1); or
										(ii)leaves employment, and has an absence from
				employment, because the individual has elected to care for a son or daughter
				under age 1; or
										(C)at the option of the Office of Personnel
				Management, an individual who has an absence from employment and has other
				characteristics specified by the Office of Personnel Management in a plan
				described in section 4703(b).
									(d)An employing agency that provides partial
				or full paid leave to an eligible individual under this section shall notify
				(in a form and manner prescribed by the Office of Personnel Management) the
				individual that the employing agency shall count an appropriate period of
				leave, calculated under section 6382(f), against the total amount of leave (if
				any) to which the employee is entitled under section 6382(a)(1).
							(e)(1)A grant project conducted under this
				section shall not be counted toward the 10-project limit established in section
				4703(d)(2).
								(2)The Office of Personnel Management may
				provide a waiver for the grant project in accordance with section 4703, except
				that section 4703(c)(1) shall not apply to such a waiver.
								(f)(1)There are authorized to be appropriated to
				carry out this section $400,000,000 for fiscal year 2006 and such sums as may
				be necessary for each subsequent fiscal year.
								(2)Funds appropriated under paragraph (1) may
				be allocated as described in section
				4704.
								.
				403.Technical and
			 conforming amendments
				(a)In
			 generalSection 6382 of title
			 5, United States Code, is amended by adding at the end the following:

						(f)(1)If an employing agency provides an amount
				of full paid leave to an employee for a period under section 6387, the
				employing agency shall count an amount of leave, equal to that period, against
				the total amount of leave (if any) to which the employee is entitled under
				subsection (a)(1).
							(2)If an employing agency provides an amount
				of partial paid leave to an employee for a period under section 6387, the
				employing agency shall—
								(A)total the amount of partial paid leave
				provided for that period;
								(B)convert the total into a corresponding
				amount of full paid leave provided for a proportionately reduced period;
				and
								(C)count an amount of leave, equal to the
				period described in subparagraph (B), against the total amount of leave (if
				any) to which the employee is entitled under subsection
				(a)(1).
								.
				(b)Technical and
			 conforming amendmentsSection
			 6382 of title 5, United States Code, is amended—
					(1)in subsection (c), by striking
			 (d), and inserting (d) or section 6387,;
			 and
					(2)in subsection (d), by inserting any
			 unpaid after substitute for.
					(c)Table of
			 sectionsThe table of
			 sections for chapter 63 of title 5, United States Code, is amended by striking
			 the item relating to section 6387 and inserting the following:

							6387. Paid leave grant
				project.
							6388.
				Regulations.

						.
				404.Effective
			 dateThe amendments made by
			 this title shall not be effective with respect to any birth or placement
			 occurring before the end of the 6-month period beginning on the date of
			 enactment of this Act.
			VTime for schools
			501.Short
			 titleThis title may be cited
			 as the Time for Schools Act of
			 2005.
			502.General requirements
			 for Leave
				(a)Entitlement to
			 LeaveSection 102(a) of the
			 Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding
			 at the end the following:

						(3)Entitlement to
				school involvement Leave
							(A)In
				generalSubject to section
				103(h), an eligible employee shall be entitled to a total of 24 hours of leave
				during any 12-month period to participate in an academic activity of a school
				of a son or daughter of the employee, such as a parent-teacher conference or an
				interview for a school, or to participate in literacy training under a family
				literacy program.
							(B)DefinitionsIn this paragraph:
								(i)Family literacy
				programThe term family
				literacy program means a program of services that are of sufficient
				intensity in terms of hours, and of sufficient duration, to make sustainable
				changes in a family and that integrate all of the following activities:
									(I)Interactive literacy activities between
				parents and their sons and daughters.
									(II)Training for parents on how to be the
				primary teacher for their sons and daughters and full partners in the education
				of their sons and daughters.
									(III)Parent literacy training.
									(IV)An age-appropriate education program for
				sons and daughters.
									(ii)LiteracyThe term literacy, used with
				respect to an individual, means the ability of the individual to speak, read,
				and write English, and compute and solve problems, at levels of proficiency
				necessary—
									(I)to function on the job, in the family of
				the individual, and in society;
									(II)to achieve the goals of the individual;
				and
									(III)to develop the knowledge potential of the
				individual.
									(iii)SchoolThe term school means an
				elementary school or secondary school (as such terms are defined in section
				9101 of the Elementary and Secondary Education
				Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under
				the Head Start Act (42 U.S.C. 9831 et
				seq.), and a child care facility operated by a provider who meets the
				applicable State or local government licensing, certification, approval, or
				registration requirements, if any.
								(4)LimitationNo employee may take more than a total of
				12 workweeks of leave under paragraphs (1) and (3) during any 12-month
				period.
						.
				(b)ScheduleSection 102(b)(1) of such Act (29 U.S.C.
			 2612(b)(1)) is amended by inserting after the second sentence the following:
			 Leave under subsection (a)(3) may be taken intermittently or on a
			 reduced leave schedule..
				(c)Substitution of
			 paid LeaveSection
			 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting
			 before the period the following: , or for leave provided under
			 subsection (a)(3) for any part of the 24-hour period of such leave under such
			 subsection.
				(d)NoticeSection 102(e) of such Act (29 U.S.C.
			 2612(e)) is amended by adding at the end the following:

						(3)Notice for
				school involvement LeaveIn
				any case in which the necessity for leave under subsection (a)(3) is
				foreseeable, the employee shall provide the employer with not less than 7 days’
				notice, before the date the leave is to begin, of the employee’s intention to
				take leave under such subsection. If the necessity for the leave is not
				foreseeable, the employee shall provide such notice as is
				practicable.
						.
				(e)CertificationSection 103 of such Act (29 U.S.C. 2613),
			 as amended by section 301(c), is further amended by adding at the end the
			 following:

						(h)Certification
				for school involvement LeaveAn employer may require that a request for
				leave under section 102(a)(3) be supported by a certification issued at such
				time and in such manner as the Secretary may by regulation
				prescribe.
						.
				503.School involvement
			 Leave for civil service employees
				(a)Entitlement to
			 LeaveSection 6382(a) of
			 title 5, United States Code, is amended by adding at the end the
			 following:

						(3)(A)Subject to section 6383(h), an employee
				shall be entitled to a total of 24 hours of leave during any 12-month period to
				participate in an academic activity of a school of a son or daughter of the
				employee, such as a parent-teacher conference or an interview for a school, or
				to participate in literacy training under a family literacy program.
							(B)In this paragraph:
								(i)The term family literacy
				program means a program of services that are of sufficient intensity in
				terms of hours, and of sufficient duration, to make sustainable changes in a
				family and that integrate all of the following activities:
									(I)Interactive literacy activities between
				parents and their sons and daughters.
									(II)Training for parents on how to be the
				primary teacher for their sons and daughters and full partners in the education
				of their sons and daughters.
									(III)Parent literacy training.
									(IV)An age-appropriate education program for
				sons and daughters.
									(ii)The term literacy, used with
				respect to an individual, means the ability of the individual to speak, read,
				and write English, and compute and solve problems, at levels of proficiency
				necessary—
									(I)to function on the job, in the family of
				the individual, and in society;
									(II)to achieve the goals of the individual;
				and
									(III)to develop the knowledge potential of the
				individual.
									(iii)The term school means an
				elementary school or secondary school (as such terms are defined in section
				9101 of the Elementary and Secondary Education
				Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under
				the Head Start Act (42 U.S.C. 9831 et
				seq.), and a child care facility operated by a provider who meets the
				applicable State or local government licensing, certification, approval, or
				registration requirements, if any.
								(4)No employee may take more than a total of
				12 workweeks of leave under paragraphs (1) and (3) during any 12-month
				period.
						.
				(b)ScheduleSection 6382(b)(1) of such title is amended
			 by inserting after the second sentence the following: Leave under
			 subsection (a)(3) may be taken intermittently or on a reduced leave
			 schedule..
				(c)Substitution of
			 paid LeaveSection 6382(d) of
			 such title is amended by inserting before , except the
			 following: , or for leave provided under subsection (a)(3) any of the
			 employee’s accrued or accumulated annual leave under subchapter I for any part
			 of the 24-hour period of such leave under such subsection.
				(d)NoticeSection 6382(e) of such title is amended by
			 adding at the end the following:

						(3)In any case in which the necessity for
				leave under subsection (a)(3) is foreseeable, the employee shall provide the
				employing agency with not less than 7 days’ notice, before the date the leave
				is to begin, of the employee’s intention to take leave under such subsection.
				If the necessity for the leave is not foreseeable, the employee shall provide
				such notice as is
				practicable.
						.
				(e)CertificationSection 6383 of such title, as amended by
			 section 302(c), is further amended by adding at the end the following:

						(h)An employing agency may require that a
				request for leave under section 6382(a)(3) be supported by a certification
				issued at such time and in such manner as the Office of Personnel Management
				may by regulation
				prescribe.
						.
				504.Effective
			 dateThis title shall take
			 effect 120 days after the date of enactment of this Act.


		I
		111th CONGRESS
		2d Session
		H. R. 5801
		IN THE HOUSE OF REPRESENTATIVES

			July 20, 2010
			Mr. Thornberry
			 introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To prohibit the use of Federal funds for the
		  subsidization of Amtrak sleeper class service, and for other
		  purposes.

		1.Amtrak sleeper class
			 service
			(a)AmendmentChapter 243 of title 49, United States
			 Code, is amended by adding at the end the following new section:

					24317.Sleeper class
				service
						(a)PricingAmtrak shall ensure that the fares charged
				for sleeper class service on all long-distance routes are priced to equal all
				of the operating costs for providing such service.
						(b)DiscontinuanceAmtrak
				shall discontinue sleeper class service on any long distance route with respect
				to which total costs of such service exceed total revenue for such service for
				the first full fiscal year beginning after the date of enactment of this
				section.
						(c)Funding
				limitationAmtrak may not use any funds provided by the Federal
				Government to subsidize sleeper class
				service.
						.
			(b)Clerical
			 amendmentThe table of section for such chapter 243 is amended by
			 adding after the item relating to section 24316 the following new item:

						24317. Sleeper class
				service.

					.


113 HRES 771 IH: Recognizing the 100-year anniversary of Big Brothers Big Sisters Southeastern Pennsylvania.
U.S. House of Representatives
2014-12-04
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.

		IV
		113th CONGRESS
		2d Session
		H. RES. 771
		IN THE HOUSE OF REPRESENTATIVES

			December 4, 2014
			Mr. Fattah submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

		RESOLUTION
		Recognizing the 100-year anniversary of Big Brothers Big Sisters Southeastern Pennsylvania.

		Whereas Big Brothers Big Sisters Southeastern Pennsylvania is a nonprofit organization that
			 provides children facing adversity with strong, enduring, and
			 professionally supported one-to-one mentor relationships;
		Whereas Big Brothers Big Sisters Southeastern Pennsylvania serves children who are—
			(1)living in areas with a high poverty rate, areas with a high incidence of juvenile arrests, or
			 single-parent households;
			(2)impacted by homelessness or familial incarceration; or
			(3)attending a struggling school;
			Whereas mentors serving as advisors, role models, or friends can diminish risk factors, enhance
			 protective factors, and make a lasting impact on the lives of children;
		Whereas Big Brothers Big Sisters Southeastern Pennsylvania supports and enriches the lives of
			 children and promotes and reinforces positive activities, behaviors, and
			 attitudes by working with donors, partners, family members, volunteers,
			 and advocates;
		Whereas the Big Brothers Big Sisters Southeastern Pennsylvania mentor program is proven to help
			 at-risk children reach their potential;
		Whereas the Center for the Study and Prevention of Violence at the University of Colorado
			 classifies the Big Brothers Big Sisters Southeastern Pennsylvania mentor
			 program as a blueprint model intervention program for effectively reducing adolescent violent crime, aggression,
			 delinquency, and substance abuse;
		Whereas blueprint programs have the highest standards and meet the most rigorous tests of effectiveness and
			 replicability in the field of helping at-risk children;
		Whereas children who participate in the Big Brothers Big Sisters Southeastern Pennsylvania mentor
			 program perform better in school and develop better relationships with
			 their families and peers;
		Whereas Big Brothers Big Sisters Southeastern Pennsylvania makes meaningful, monitored matches
			 between adult volunteers, known as Bigs, and at-risk children, known as Littles, throughout Chester County, Delaware County, Montgomery County, and Philadelphia County;
		Whereas Big Brothers Big Sisters Southeastern Pennsylvania supports nearly 3,000 mentor matches
			 each year;
		Whereas an estimated 250,000 underserved children in southeastern Pennsylvania remain at risk for
			 academic failure; and
		Whereas Big Brothers Big Sisters Southeastern Pennsylvania is committed to bringing life-changing
			 work to the children in the region who need it the most: Now, therefore,
			 be it

		That the House of Representatives recognizes the 100-year anniversary of Big Brothers Big Sisters
			 Southeastern Pennsylvania.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1703
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Marshall (for
			 himself, Mr. Broun of Georgia,
			 Mr. Gingrey of Georgia,
			 Mr. Price of Georgia,
			 Mr. Kingston,
			 Mr. Bishop of Georgia,
			 Mr. Barrow,
			 Mr. Lewis of Georgia,
			 Mr. Johnson of Georgia,
			 Mr. Westmoreland, and
			 Mr. Scott of Georgia) submitted the
			 following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Congratulating the Warner Robins Little
		  League softball team from Warner Robins, Georgia, on winning the 2010 Little
		  League Softball World Series.

		Whereas, on August 18, 2010, the Warner Robins Little
			 League softball team from Warner Robins, Georgia, defeated the Burbank Little
			 League softball team from Burbank, California, by a score of 8–6 to win the
			 2010 Little League Softball World Series Championship in Portland,
			 Oregon;
		Whereas the 2010 Warner Robins Little League Softball
			 World Championship team consists of players Hayley Tierce, Sierra Stella,
			 Taylor Brown, Chelsea Whaley, Peyton Stallworth, Melissa Cox, Amber Coy, Ashley
			 Killebrew, Kayla Quakenbush, Avery Lamb, and Mary Catherine Tucker;
		Whereas the 2010 Warner Robins Little League Softball
			 World Championship team is led by Manager Roger Stella, Coach Susan Shirah,
			 Coach Bobby Killebrew, and President Mark Knight;
		Whereas with this title, the Warner Robins Little League
			 has become the Little League Softball World Series champions for a second year
			 in a row, which has only occurred five times in the history of the Little
			 League Softball World Series;
		Whereas the championship victory of the Warner Robins
			 Little League softball team has demonstrated a commitment to excellence and
			 hard work that only comes with countless hours of practice; and
		Whereas the State of Georgia and the City of Warner Robins
			 are proud to welcome home the Little League Softball World Champions for a
			 second consecutive year: Now, therefore, be it

		That the House of Representatives—
			(1)congratulates the
			 Warner Robins Little League softball team from Warner Robins, Georgia, on
			 winning the 2010 Little League Softball World Series Championship; and
			(2)respectfully
			 requests that the Clerk of the House transmit an enrolled copy of this
			 resolution to the City of Warner Robins and each player, manager, and coach of
			 the Warner Robins Little League softball team.


115 HR 3753 IH: United States Commission on an Open Society with Security Act of 2017
U.S. House of Representatives
2017-09-12
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 CONGRESS1st SessionH. R. 3753IN THE HOUSE OF REPRESENTATIVESSeptember 12, 2017Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Homeland Security, 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 establish the United States Commission on an Open Society with Security.

 1.Short titleThis Act may be cited as the United States Commission on an Open Society with Security Act of 2017. 2.FindingsCongress finds that—
 (1)an open society which affords free access to public facilities and spaces and which protects the right to engage in open discussion is an essential premise of American governmental institutions and democratic values;
 (2)the United States is currently facing a challenge to the safety and security of the public, public employees, and public facilities and spaces that is unique in the history of this Nation;
 (3)to meet this challenge without eroding or harming any of the basic tenets of the Republic and of our democracy, this Nation needs to assemble the best thinking available; and
 (4)a commission of experts from a broad base of disciplines and backgrounds is necessary to examine all the factors that should be considered in securing public safety from terrorist attacks while maintaining the highest level of free and open access to the public.
			3.Establishment of Commission
 (a)EstablishmentThere is established a commission to be known as the United States Commission on an Open Society with Security (in this Act referred to as the Commission). (b)CompositionThe Commission shall be composed of 21 members appointed in accordance with subsection (d)(1) from among individuals representing such fields or groups as the following: architecture, technology, civil libertarians, humanists, members of the Armed Forces, Federal Government employees, city planners, business leaders, lawyers, artists, public building security, engineers, philosophers, historians, sociologists, and psychologists. The President shall designate one of those members to be the Chairperson of the Commission.
 (c)Terms; quorum; meetings; vacanciesMembers shall be appointed for the life of the Commission. Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. After its initial meeting, the Commission shall meet at the call of the Chairperson of the Commission or a majority of its members. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment.
			(d)Appointments; initial meeting
 (1)AppointmentsAppointments to the Commission shall be made as follows: (A)9 members appointed by the President.
 (B)3 members appointed by the Speaker of the House of Representatives. (C)3 members appointed by the Minority Leader of the House of Representatives.
 (D)3 members appointed by the Majority Leader of the Senate. (E)3 members appointed by the Minority Leader of the Senate.
 (2)Initial meetingIf, after 90 days following the date of enactment of this Act, 9 or more members of the Commission have been appointed, the members who have been appointed may meet, and the Chairperson shall have the authority to begin the operations of the Commission, including the hiring of staff.
				4.Functions of Commission
 (a)In generalThe Commission shall study and make findings and recommendations relating to the question of how the Government of the United States may provide, in a balanced manner, for both security in and public access to Federal buildings and other Federal property and sites.
 (b)Matters To be examinedIn carrying out this Act, the Commission shall specifically examine matters that relate to the security of, and open access to, public facilities and spaces, including—
 (1)Federal, other governmental, and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing Federal facilities;
 (2)the effect of access to public facilities and spaces on— (A)maintenance of security and safety;
 (B)free speech, the right to petition the Government, and other constitutional rights and civil liberties;
 (C)economies of affected jurisdictions or parts thereof; (D)physical changes and architectural aesthetics of affected areas;
 (E)traffic and congestion; and (F)job performance of employees within the affected facilities;
 (3)current and potential uses of technology to augment or replace traditional modes of security; (4)practices of and comparisons with other entities and nations; and
 (5)current and potential analytical methods of assessing the risks posed by the various forms of terrorism, balanced against the specific needs and values of open access.
 (c)Coordination of activitiesThe Commission shall take appropriate measures to avoid unnecessary duplication of efforts previously or currently being undertaken by any other person or entity.
			5.Powers of Commission
 (a)In generalThe Commission or, on the authorization of the Commission, any member or agent of the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out this Act.
 (b)Obtaining official informationThe Commission may secure directly from any department, agency, or other entity of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such governmental entity shall furnish, to the extent authorized by law, such information to the Commission.
			(c)Security
 (1)Security clearancesThe members and staff of the Commission shall hold, as a condition of appointment to or employment with the Commission, appropriate security clearances for access to the classified briefing, records, and materials to be reviewed by the Commission or its staff and shall follow the guidance and practices on security under applicable Executive orders and agency directives.
 (2)Conditions to granting accessThe head of an agency shall require, as a condition of granting access to a member of the Commission or a member of the staff of the Commission to classified records or materials of the agency under this Act, require the member to—
 (A)execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and
 (B)hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials.
 (3)Restriction on useThe members of the Commission and the members of the staff of the Commission may not use any information acquired in the course of their official activities on the Commission for nonofficial purposes.
 (4)Need to knowFor purposes of any law or regulation governing access to classified information that pertains to the national security of the United States and to facilitate the advisory functions of the Commission under this Act, a member of the Commission or a member of the staff of the Commission seeking access to a record or material under this Act shall be deemed for purposes of this subsection to have a need to know the contents of the record or material.
 (5)Rule of constructionA reference in this subsection to the staff of the Commission includes individuals described in sections 6(d) and 6(e). (d)MailsThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
 (e)GiftsThe Commission may accept, use, and dispose of gifts or donations of services or property. (f)Administrative support servicesThe Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.
			6.Personnel matters
 (a)Compensation of membersMembers of the Commission shall not be compensated by reason of their service on the Commission. (b)Travel expensesThe members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
 (c)StaffSubject to such rules as the Commission may prescribe, the Chairperson of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), may appoint and fix the pay of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions; except that no rate of pay fixed under this subsection may exceed the maximum rate of basic pay payable for GS–15 of the General Schedule.
 (d)Staff of Federal agenciesUpon request of the Chairperson of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act.
 (e)Experts and consultantsWith the approval of the Commission, the Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS–15 of the General Schedule.
			7.Report
 (a)Submission to the PresidentThe Commission shall transmit its final report to the President not later than 2 years after the initial meeting of the Commission. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative, administrative, or other action as the Commission considers appropriate.
 (b)Submission to the CongressNot later than 6 months after receiving the final report of the Commission under subsection (a), the President shall transmit such report to Congress, together with any comments or recommendations (including any proposed legislation) which the President considers appropriate.
 8.Termination of CommissionThe Commission shall terminate on the 90th day after the date on which the Commission is required to submit its final report under section 7(a).
 9.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act— (1)$5,000,000 for fiscal year 2018; and
 (2)$5,000,000 for fiscal year 2019.


		I
		112th CONGRESS
		1st Session
		H. R. 175
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Mr. Thompson of
			 Mississippi introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure, and in addition to the Committee on
			 Homeland Security, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Post-Katrina Emergency Management Reform Act
		  of 2006 to direct the Administrator of the Federal Emergency Management Agency
		  to develop lifecycle plans and tracking procedures for housing units provided
		  to individuals and households to respond to disaster-related housing needs, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Smart Housing in Disasters Act of
			 2011.
		2.Definition of
			 major disasterSection 102(2)
			 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
			 U.S.C. 5122(2)) is amended by inserting catastrophic incident (as
			 defined in section 501 of the Homeland Security Act (6 U.S.C. 311),
			 before or, regardless of cause.
		3.Lifecycle and
			 tracking planSection 683 of
			 the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 772) is
			 amended by adding at the end the following:

				(e)Annex to
				National Disaster Housing Strategy
					(1)Development of
				lifecycle and tracking planThe Administrator shall develop a
				lifecycle and tracking plan for housing units provided to individuals and
				households affected by an emergency or major disaster under the Robert T.
				Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
				that establishes policies for procurement, delivery, installation, maintenance,
				deactivation, and disposal of the units.
					(2)ContentsThe
				plan shall—
						(A)emphasize the
				acquisition of housing units that can be recycled and reused for multiple
				emergencies or major disasters; and
						(B)include a process
				for the Administrator to track each housing unit from the date of acquisition
				of the unit through the date of disposal of the unit.
						(3)Report to
				CongressNot later than 180 days after the date of enactment of
				this subsection, the Administrator shall submit to the Committee on Homeland
				Security of the House of Representatives a report containing the
				plan.
					.
		4.Disposal of
			 housing units unsuitable for habitationSection 408(d)(2) of the Robert T. Stafford
			 Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(d)(2)) is amended
			 by adding at the end the following:

				(C)Disposal of
				housing units unsuitable for habitation
					(i)In
				generalIf the President determines that a temporary housing unit
				purchased under this section by the President for housing disaster victims is
				unsuitable for habitation, before disposal of the unit through sale to a
				recycler or other purchaser, the President shall alter the unit in a manner
				that will prevent the unit from being used for habitation.
					(ii)Relationship to
				other lawsNothing in this subparagraph shall affect the
				President’s ability to dispose of surplus real property in accordance with
				section 545(b)(8) of title 40, United States
				Code.
					.


		II
		111th CONGRESS
		2d Session
		S. 3819
		IN THE SENATE OF THE UNITED
		  STATES

			September 22, 2010
			Mrs. Lincoln (for
			 herself and Mr. Kerry) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986
		  to reduce the mileage threshold for the deduction for National Guard and
		  Reservists overnight travel expenses.

		1.Reduction in mileage threshold for National
			 Guard and Reservists overnight travel expenses deduction
			(a)In generalSection 62(a)(2)(E) of the Internal Revenue
			 Code of 1986 is amended by striking 100 miles and inserting
			 50 miles.
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to amounts paid or incurred in taxable years beginning
			 after December 31, 2010.


116 HR 6563 IH: Emergency Educational Connections Act of 2020
U.S. House of Representatives
2020-04-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6563IN THE HOUSE OF REPRESENTATIVESApril 21, 2020Ms. Meng introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo provide for E-Rate support for Wi-Fi hotspots, modems, routers, and connected devices during emergency periods relating to COVID–19, and for other purposes.1.Short titleThis Act may be cited as the Emergency Educational Connections Act of 2020.2.E-Rate support for Wi-Fi hotspots, other equipment, and connected devices during emergency periods relating to COVID–19(a)Regulations requiredNot later than 7 days after the date of the enactment of this Act, the Commission shall promulgate regulations providing for the provision, from amounts made available from the Emergency Connectivity Fund established under subsection (i)(1), of support under section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary school, secondary school, or library (including a Tribal elementary school, Tribal secondary school, or Tribal library) eligible for support under such section, for the purchase during an emergency period described in subsection (e) (including any portion of such a period occurring before the date of the enactment of this Act) of equipment described in subsection (c), advanced telecommunications and information services, or equipment described in such subsection and advanced telecommunications and information services, for use by—(1)in the case of a school, students and staff of such school at locations that include locations other than such school; and(2)in the case of a library, patrons of such library at locations that include locations other than such library.(b)Eligibility of Tribal librariesFor purposes of determining the eligibility of a Tribal library for support under the regulations required by subsection (a), the portion of paragraph (4) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) relating to eligibility for assistance from a State library administrative agency under the Library Services and Technology Act shall not apply.(c)Equipment describedThe equipment described in this subsection is the following:(1)Wi-Fi hotspots.(2)Modems.(3)Routers.(4)Devices that combine a modem and router.(5)Connected devices.(d)Prioritization of supportThe Commission shall provide in the regulations required by subsection (a) for a mechanism to require a school or library to prioritize the provision of equipment described in subsection (c), advanced telecommunications and information services, or equipment described in such subsection and advanced telecommunications and information services, for which support is received under such regulations, to students and staff or patrons (as the case may be) that the school or library believes do not have access to equipment described in subsection (c), do not have access to advanced telecommunications and information services, or have access to neither equipment described in subsection (c) nor advanced telecommunications and information services, at the residences of such students and staff or patrons.(e)Emergency periods describedAn emergency period described in this subsection is the duration of a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID–19, including any renewal thereof.(f)Treatment of equipment after emergency periodThe Commission shall provide in the regulations required by subsection (a) that, in the case of a school or library that purchases equipment described in subsection (c) using support received under such regulations, such school or library—(1)may, after the emergency period with respect to which such support is received, use such equipment for such purposes as such school or library considers appropriate, subject to any restrictions provided in such regulations (or any successor regulation); and(2)may not sell or otherwise transfer such equipment in exchange for any thing (including a service) of value, except that such school or library may exchange such equipment for upgraded equipment of the same type.(g)Rule of constructionNothing in this section shall be construed to affect any authority the Commission may have under section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to allow support under such section to be used for the purposes described in subsection (a) other than as required by such subsection.(h)Procedural matters(1)Part 54 regulationsNothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, shall apply in whole or in part to support provided under the regulations required by subsection (a), shall not apply in whole or in part to such support, or shall be modified in whole or in part for purposes of application to such support.(2)Exemption from certain rulemaking requirementsSubsections (b), (c), and (d) of section 553 of title 5, United States Code, shall not apply to a regulation promulgated under subsection (a) of this section or a rulemaking to promulgate such a regulation.(3)Paperwork Reduction Act exemptionA collection of information conducted or sponsored under the regulations required by subsection (a), or under section 254 of the Communications Act of 1934 (47 U.S.C. 254) in connection with support provided under such regulations, shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act).(i)Emergency Connectivity Fund(1)EstablishmentThere is established in the Treasury of the United States a fund to be known as the Emergency Connectivity Fund.(2)AppropriationThere is appropriated to the Emergency Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 for fiscal year 2020, to remain available through fiscal year 2021.(3)Use of fundsAmounts in the Emergency Connectivity Fund shall be available to the Commission to provide support under the regulations required by subsection (a).(4)Relationship to universal service contributionsSupport provided under the regulations required by subsection (a) shall be provided from amounts made available under paragraph (3) and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)).(j)DefinitionsIn this section:(1)Advanced telecommunications and information servicesThe term advanced telecommunications and information services means advanced telecommunications and information services, as such term is used in section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)).(2)CommissionThe term Commission means the Federal Communications Commission.(3)Connected deviceThe term connected device means a laptop computer, tablet computer, or similar device that is capable of connecting to advanced telecommunications and information services.(4)LibraryThe term library includes a library consortium.(5)Wi-FiThe term Wi-Fi means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any successor standard).(6)Wi-Fi hotspotThe term Wi-Fi hotspot means a device that is capable of—(A)receiving mobile advanced telecommunications and information services; and(B)sharing such services with another device through the use of Wi-Fi.


109 HR 5843 IH: To amend the COBRA continuation Act provisions to extend

U.S. House of Representatives
2006-07-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5843
		IN THE HOUSE OF REPRESENTATIVES

			July 19, 2006
			Mr. Ryan of Ohio (for
			 himself and Mr. Strickland) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committees on
			 Education and the
			 Workforce, Energy and
			 Commerce, and Government
			 Reform, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the COBRA continuation Act provisions to extend
		  COBRA continuation coverage from 18 months to 36 months, to provide a tax
		  credit for the cost of such coverage, and to reduce the income tax rate
		  reduction for families with incomes of more than a million
		  dollars.

		1.Short titleThis Act may be cited as the COBRA
			 Enhancement and Healthcare Relief Act of 2006.
		2.Extension of COBRA
			 continuation coverage
			(a)Under
			 ERISASection 602(2)(A) of the Employee Retirement Income
			 Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended—
				(1)by amending clause
			 (i) to read as follows:

						(i)General
				ruleIn the case of a qualifying event not described in section
				603(6), the date that is 36 months after the date of the qualifying
				event.
						;
				(2)by
			 striking clauses (ii), (iv), and (v) and by striking the sentence beginning
			 In the case of a qualified beneficiary; and
				(3)by redesignating
			 clause (iii) as clause (ii).
				(b)Under
			 PHSASection 2202(2)(A) of the Public Health Service Act (42
			 U.S.C. 300bb–2(2)(A)) is amended to read as follows:

					(A)Maximum required
				periodThe date that is 36 months after the date of the
				qualifying
				event.
					.
			(c)Under
			 IRCSection 4980B(f)(2)(B)(i) of the Internal Revenue Code of
			 1986 is amended—
				(1)by amending
			 subclause (I) to read as follows:

						(I)General
				ruleIn the case of a qualifying event not described in paragraph
				(3)(F), the date that is 36 months after the date of the qualifying
				event.
						;
				(2)by striking
			 subclauses (II), (IV), and (V) and by striking the sentence beginning In
			 the case of a qualified beneficiary; and
				(3)by
			 redesignating subclause (III) as subclause (II).
				(d)Under
			 FEHBPSection 8905a(e) of title 5, United States Code, is
			 amended—
				(1)in paragraph
			 (1)(A), by striking 18 months and inserting 36
			 months;
				(2)in paragraph (1)(C), by striking 24
			 months and inserting 36 months; and
				(3)in paragraph
			 (2)(C), by striking 18-month and inserting
			 36-month.
				(e)Effective
			 dateThe amendments made by this section shall apply to
			 qualifying events occurring on or after the date that is 18 months before the
			 date of the enactment of this Act.
			3.Tax credit for
			 cost of COBRA continuation coverage
			(a)In
			 generalSubpart C of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 (relating to refundable credits) is amended by
			 redesignating section 36 as section 37 and by inserting after section 35 the
			 following new section:

					36.COBRA
				continuation coverage
						(a)In
				generalIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by subtitle A an amount equal to the amount paid
				by the taxpayer for coverage of the taxpayer and qualifying family members
				under COBRA continuation coverage for months beginning in the taxable
				year.
						(b)Limitations
							(1)In
				generalThe amount allowable
				as a credit under subsection (a) for the taxable year shall not exceed the sum
				of the monthly limitations for months during such taxable year.
							(2)Monthly
				limitationThe monthly
				limitation for any month is the product of the credit percentage for such month
				multiplied by the amounts paid by the taxpayer for such month which may be
				taken into account under subsection (a).
							(3)Credit
				percentageThe credit percentage for any month in any period of
				COBRA continuation coverage is—
								(A)100 percent, in
				the case of the first 12 months of such period,
								(B)50 percent, in the
				case of the first 12 months after the months to which subparagraph (A) applies,
				and
								(C)zero, in the case of
				any month thereafter.
								(c)Qualifying
				family memberFor purposes of this section, the term
				qualifying family member means the taxpayer’s spouse and any
				dependent of the taxpayer.
						(d)COBRA
				continuation coverageFor
				purposes of this section, the term COBRA continuation coverage
				means coverage under a COBRA continuation provision (as defined in section
				9832(d)(1)).
						(e)Other specified
				coverageAmounts paid for COBRA continuation coverage of any
				individual for any month shall not be taken into account under subsection (a)
				if such individual has other specified coverage for such month (within the
				meaning of section 35(f)).
						(f)Special
				rules
							(1)Coordination
				with advance payments of creditWith respect to any taxable year, the
				amount which would (but for this subsection) be allowed as a credit to the
				taxpayer under subsection (a) shall be reduced (but not below zero) by the
				aggregate amount paid on behalf of such taxpayer under section 7529 for months
				beginning in such taxable year.
							(2)Coordination
				with other deductionsAmounts taken into account under subsection
				(a) shall not be taken into account in determining any deduction allowed under
				section 162(l) or 213.
							(3)Coordination with
				other health insurance costs creditAmounts taken into account under subsection
				(a) with respect to coverage for any month shall not be taken into account in
				determining the credit allowed under section 35. Any taxpayer who would (but
				for the preceding sentence) be allowed a credit under section 35 may elect not
				to have this section apply with respect to amounts paid for coverage for any
				month during the taxable year.
							(4)Medical and
				health savings accountsAmounts distributed from an Archer MSA
				(as defined in section 220(d)) or from a health savings account (as defined in
				section 223(d)) shall not be taken into account under subsection (a).
							(5)Denial of credit
				to dependentsNo credit shall be allowed under this section to
				any individual with respect to whom a deduction under section 151 is allowable
				to another taxpayer for a taxable year beginning in the calendar year in which
				such individual’s taxable year begins.
							(6)Separate
				returnsThe spouse of the taxpayer shall not be treated as a
				qualifying family member for purposes of this section if the taxpayer files a
				separate return for the taxable year.
							(7)Insurance which
				covers other individuals For purposes of this section, rules
				similar to the rules of section 213(d)(6) shall apply with respect to any
				contract for COBRA continuation coverage under which amounts are payable for
				coverage of an individual other than the taxpayer and qualifying family
				members.
							(8)Treatment of
				paymentsFor purposes of this section—
								(A)Payments by
				SecretaryPayments made by the Secretary on behalf of any
				individual under section 7529 (relating to advance payment of credit for cost
				of COBRA continuation coverage) shall be treated as having been made by the
				taxpayer on the first day of the month for which such payment was made.
								(B)Payments by
				taxpayerPayments made by the taxpayer for coverage months shall
				be treated as having been made by the taxpayer on the first day of the month
				for which such payment was made.
								(9)RegulationsThe
				Secretary may prescribe such regulations and other guidance as may be necessary
				or appropriate to carry out this section, section 6050U, and section
				7529.
							.
			(b)Advance payment
			 of credit as premium payment for COBRA continuation coverageChapter 77 of the Internal Revenue Code of
			 1986 (relating to miscellaneous provisions) is amended by adding at the end the
			 following:

					7529.Advance
				payment of credit as premium payment for COBRA continuation coverage
						(a)In
				generalNot later than 90
				days after the date of the enactment of this Act, the Secretary shall establish
				a program for making payments to providers of COBRA continuation coverage (as
				defined in section 36(d)) on behalf of taxpayers eligible for the credit under
				section 36.
						(b)Limitations
							(1)Termination
				after first 12 months of coverageThe Secretary shall not make any payment
				under subsection (a) with respect to any individual for COBRA continuation
				coverage of such individual for any month after the first 12 months of any
				period of COBRA continuation coverage.
							(2)Dollar
				limitationThe Secretary may
				make payments under subsection (a) only to the extent that the such payment
				does not exceed 100 percent of the amount paid by the taxpayer for coverage of
				the taxpayer and qualifying family members under COBRA continuation coverage
				for the months to which such payment
				relates.
							.
			(c)Disclosure of
			 return information for purposes of carrying out advance payment
			 program
				(1)In
			 generalSubsection (l) of section 6103 of such Code is amended by
			 adding at the end the following new paragraph:

						(21)Disclosure of
				return information for purposes of advance payment of credit as premium payment
				for COBRA continuation coverageThe Secretary may, on behalf of taxpayers
				eligible for the credit under section 36, disclose to a provider of COBRA
				continuation coverage (as defined in section 36(d)), and persons acting on
				behalf of such provider, return information with respect to any such taxpayer
				only to the extent necessary (as prescribed by regulations issued by the
				Secretary) to carry out the program established by section 7529 (relating to
				advance payment of credit as premium payment for COBRA continuation
				coverage).
						.
				(2)Confidentiality
			 of informationParagraph (3) of section 6103(a) of such Code is
			 amended by striking or (20) and inserting (20), or
			 (21).
				(3)Unauthorized
			 disclosureParagraph (2) of
			 section 7213(a) of such Code is amended by striking or (20) and
			 inserting (20), or (21).
				(d)Information
			 reporting
				(1)In
			 generalSubpart B of part III of subchapter A of chapter 61 of
			 such Code (relating to information concerning transactions with other persons)
			 is amended by inserting after section 6050T the following new section:

						6050U.Returns
				relating to credit for COBRA continuation coverage
							(a)Requirement of
				reportingEvery person who is
				entitled to receive payments for any month of any calendar year under section
				7529 (relating to advance payment of credit as premium payment for COBRA
				continuation coverage) with respect to any individual shall, at such time as
				the Secretary may prescribe, make the return described in subsection (b) with
				respect to each such individual.
							(b)Form and manner
				of returnsA return is described in this subsection if such
				return—
								(1)is in such form as
				the Secretary may prescribe, and
								(2)contains—
									(A)the name, address,
				and TIN of each individual referred to in subsection (a),
									(B)the number of months for which amounts were
				entitled to be received with respect to such individual under section 7529
				(relating to advance payment of credit as premium payment for COBRA
				continuation coverage),
									(C)the amount
				entitled to be received for each such month, and
									(D)such other
				information as the Secretary may prescribe.
									(c)Statements to be
				furnished to individuals with respect to whom information is
				requiredEvery person required to make a return under subsection
				(a) shall furnish to each individual whose name is required to be set forth in
				such return a written statement showing—
								(1)the name and
				address of the person required to make such return and the phone number of the
				information contact for such person, and
								(2)the information
				required to be shown on the return with respect to such individual.
								The
				written statement required under the preceding sentence shall be furnished on
				or before January 31 of the year following the calendar year for which the
				return under subsection (a) is required to be
				made..
				(2)Assessable
			 penalties
					(A)Subparagraph (B)
			 of section 6724(d)(1) of such Code (relating to definitions) is amended by
			 redesignating clauses (xiii) through (xviii) as clauses (xiv) through (xix),
			 respectively, and by inserting after clause (xii) the following new
			 clause:

							(xiii)section 6050U (relating to returns relating
				to credit for COBRA continuation
				coverage),
							.
					(B)Paragraph (2) of
			 section 6724(d) of such Code is amended by striking or at the
			 end of subparagraph (AA), by striking the period at the end of subparagraph
			 (BB) and inserting , or, and by adding after subparagraph (BB)
			 the following new subparagraph:

							(CC)section 6050U (relating to returns relating
				to credit for COBRA continuation
				coverage).
							.
					(e)Conforming
			 amendments
				(1)Paragraph (2) of
			 section 1324(b) of title 31, United States Code, is amended by inserting
			 or section 36 after section 35.
				(2)The table of
			 sections for subpart C of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by redesignating the item relating to section
			 36 as an item relating to section 37 and by inserting after the item relating
			 to section 35 the following new item:

							Sec. 36. COBRA continuation
				coverage.

						.
				(3)The table of
			 sections for subpart B of part III of subchapter A of chapter 61 of such Code
			 is amended by adding at the end the following new item:

							Sec. 6050U. Returns relating to credit for COBRA continuation
				coverage.

						.
				(4)The table of
			 sections for chapter 77 of such Code is amended by adding at the end the
			 following new item:

							Sec. 7529. Advance payment of credit as premium payment for
				COBRA continuation
				coverage.

						.
				(f)Effective
			 dateThe amendments made by this section shall apply to amounts
			 paid for coverage months beginning after the date of the enactment of this Act,
			 in taxable years ending after such date.
			4.Reduction in benefit
			 of rate reduction for families with incomes over
			 $1,000,000
			(a)General
			 ruleSection 1 of the Internal Revenue Code of 1986 is amended by
			 adding at the end the following new subsection:

					(j)Reduction in
				benefit of rate reduction for families with incomes over
				$1,000,000
						(1)In
				generalIf the adjusted gross income of a taxpayer exceeds the
				threshold amount, the tax imposed by this section (determined without regard to
				this subsection) shall be increased by an amount equal to the applicable
				percentage of so much of the adjusted gross income as exceeds the threshold
				amount.
						(2)Threshold
				amountsFor purposes of this subsection, the term threshold
				amount means—
							(A)$1,000,000 in the
				case of a joint return, and
							(B)$500,000 in the
				case of any other return.
							(3)Applicable
				percentageFor purposes of this subsection, the term
				applicable percentage means, with respect to any taxable year,
				such percentage as is estimated by the Secretary to result in an increase in
				the revenues to the Treasury for such taxable year which is equal to the
				decrease (if any) in the revenues to the Treasury that the Secretary estimates
				results from the application of sections 36 and 7529 for such taxable
				year.
						(4)Tax not to apply
				to estates and trustsThis subsection shall not apply to an
				estate or trust.
						(5)Special
				ruleFor purposes of section
				55, the amount of the regular tax shall be determined without regard to this
				subsection.
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			(c)Application of
			 EGTRRA sunsetThe amendment made by this section shall be subject
			 to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to
			 the same extent and in the same manner as section 101 of such Act.
			(d)Section
			 15 not to applyThe amendment
			 made by subsection (a) shall not be treated as a change in a rate of tax for
			 purposes of section 15 of the Internal Revenue Code of 1986.


117 HR 1723 IH: Inventor Diversity for Economic Advancement Act of 2021
U.S. House of Representatives
2021-03-09
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. 1723IN THE HOUSE OF REPRESENTATIVESMarch 9, 2021Ms. Velázquez (for herself and Mr. Stivers) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend chapter 11 of title 35, United States Code, to require the voluntary collection of demographic information for patent inventors, and for other purposes.1.Short titleThis Act may be cited as the Inventor Diversity for Economic Advancement Act of 2021 or the IDEA Act.2.Collection of demographic information for patent inventors(a)AmendmentChapter 11 of title 35, United States Code, is amended by adding at the end the following:124.Collection of demographic information for patent inventors(a)Voluntary collectionThe Director shall provide for the collection of demographic information, including gender, race, military or veteran status, and any other demographic category that the Director determines appropriate, related to each inventor listed with an application for patent, that may be submitted voluntarily by that inventor.(b)Protection of informationThe Director shall—(1)keep any information submitted under subsection (a) confidential and separate from the application for patent; and(2)establish appropriate procedures to ensure—(A)the confidentiality of any information submitted under subsection (a); and(B)that demographic information is not made available to examiners or considered in the examination of any application for patent.(c)Relation to other laws(1)Freedom of information actAny demographic information submitted under subsection (a) shall be exempt from disclosure under section 552(b)(3) of title 5.(2)Federal information policy lawSubchapter I of chapter 35 of title 44 shall not apply to the collection of demographic information under subsection (a).(d)Publication of demographic information(1)Report requiredNot later than January 31 of each year, the Director shall make publicly available a report that, except as provided in paragraph (3)—(A)includes the total number of patent applications filed during the previous year disaggregated—(i)by demographic information described in subsection (a); and(ii)by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States;(B)includes the total number of patents issued during the previous year disaggregated—(i)by demographic information described in subsection (a); and(ii)by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States; and(C)includes a discussion of the data collection methodology and summaries of the aggregate responses.(2)Data availabilityIn conjunction with issuance of the report under paragraph (1), the Director shall make publicly available data based on the demographic information collected under subsection (a) that, except as provided in paragraph (3), allows the information to be cross-tabulated to review subgroups.(3)PrivacyThe Director—(A)may not include personally identifying information in—(i)the report made publicly available under paragraph (1); or(ii)the data made publicly available under paragraph (2); and(B)in making publicly available the report under paragraph (1) and the data under paragraph (2), shall anonymize any personally identifying information related to the demographic information collected under subsection (a).(e)Biennial reportThe Director shall submit to Congress a biennial report that evaluates the data collection process under this section, ease of access to the information by the public, and recommendations on how to improve data collection..(b)Technical and conforming amendmentThe table of sections at the beginning of chapter 11 of title 35, United States Code, is amended by adding at the end the following:124. Collection of demographic information for patent inventors.(c)Deadline for biennial reportNot later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall submit to Congress the biennial report required under section 124(e) of title 35, United States Code, as added by subsection (a).