113 S1052 IS: Growing Education Achievement Training Academies for Teachers and Principals Act
U.S. Senate
2013-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1052
		IN THE SENATE OF THE UNITED STATES

			May 23, 2013
			Mr. Bennet (for himself,
			 Mr. Alexander, Ms. Mikulski, Mr.
			 Kirk, Ms. Klobuchar, and
			 Ms. Landrieu) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To create and expand innovative teacher and principal
		  preparation programs known as teacher and principal preparation
		  academies.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Growing Education Achievement
			 Training Academies for Teachers and Principals Act or the
			 GREAT Teachers and Principals
			 Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Purpose.
					Sec. 3. Definitions.
					Sec. 4. State grants.
					Sec. 5. Subgrants to teacher or principal preparation
				academies.
					Sec. 6. Coordination with the Corporation for National and
				Community Service.
					Sec. 7. Authorization of appropriations.

			2.PurposeThe purpose of this Act is to encourage
			 innovation in the field of teacher and principal preparation by creating and
			 expanding teacher or principal preparation academies that will increase the
			 number of effective teachers and principals serving in high-needs schools and
			 hard-to-staff subjects.
		3.DefinitionsIn this Act:
			(1)Principal
			 preparation academyThe term principal preparation
			 academy means a public or other nonprofit institution for preparing
			 principals that—
				(A)enters into a
			 charter with a State authorizer that specifies the goals and outcomes expected
			 of the principal preparation academy and the obligations of the State
			 authorizer, including—
					(i)a
			 requirement that—
						(I)principal
			 candidates, or principals serving on alternative certificates, licenses, or
			 credentials, who are enrolled in the principal preparation academy receive a
			 significant part of their training through clinical preparation that partners
			 the principal candidate with a mentor principal; and
						(II)the academy will
			 provide instruction to the principal candidate that links to the clinical
			 preparation experience;
						(ii)the number of
			 principals the principal preparation academy will produce and the minimum
			 number and percentage of effective principals with a demonstrated track record
			 of success in getting a school's students on track to being career and college
			 ready;
					(iii)a
			 requirement that a certificate of completion (or degree, if the principal
			 preparation academy is, or is affiliated with, an institution of higher
			 education) will be conferred upon a graduate from the principal preparation
			 academy only after the graduate demonstrates a track record of success in
			 getting a school's students on track to being college and career ready;
					(iv)a
			 requirement that the principal preparation academy survey the academy's alumni
			 not less than once every 3 years to track the number of alumni employed as
			 principals and in education; and
					(v)timelines for
			 producing cohorts of graduates and conferring certificates of completion (or
			 degrees, if the principal preparation academy is, or is affiliated with, an
			 institution of higher education) from the principal preparation academy;
					(B)shall not have
			 unnecessary restrictions on the methods the principal preparation academy will
			 use to train principal candidates, including restrictions or
			 requirements—
					(i)obligating the
			 faculty of the principal preparation academy faculty to hold advanced
			 degrees;
					(ii)obligating such
			 faculty to conduct academic research;
					(iii)related to the
			 physical infrastructure of the principal preparation academy; or
					(iv)related to the
			 number of course credits required as part of the program of study; and
					(C)limits admission
			 to its program to candidates who demonstrate strong potential to be effective
			 principals, based on a rigorous, competency-based selection process that
			 reviews a candidate's prior academic achievement or record of professional
			 accomplishment.
				(2)State
			 authorizerThe term State authorizer means an entity
			 designated by the State to recognize teacher or principal preparation academies
			 within the State that—
				(A)may be a
			 nonprofit organization, State educational agency, or other public entity, or
			 consortium of such entities (including a consortium of States); and
				(B)does not renew a
			 teacher or principal preparation academy’s charter if the academy fails to
			 produce the minimum number or percentage of effective teachers or principals,
			 respectively, identified in the academy's charter.
				(3)Teacher or
			 principal preparation academyThe term teacher or principal
			 preparation academy means a teacher preparation academy or a principal
			 preparation academy.
			(4)Teacher
			 preparation academyThe term teacher preparation
			 academy means a public or other nonprofit institution for preparing
			 teachers that—
				(A)enters into a
			 charter with a State authorizer that specifies the goals and outcomes expected
			 of the teacher preparation academy and the obligations of the State authorizer,
			 including—
					(i)a
			 requirement that—
						(I)teacher
			 candidates, or teachers teaching on alternative certificates, licenses, or
			 credentials, who are enrolled in the teacher preparation academy receive a
			 significant part of their training through clinical preparation that partners
			 teacher candidates with mentor teachers with a demonstrated track record of
			 success in improving academic achievement in the classroom; and
						(II)the academy will
			 provide instruction to teacher candidates that links to the clinical
			 preparation experience;
						(ii)the number of
			 teachers the teacher preparation academy will produce and the minimum number
			 and percentage of effective teachers with a demonstrated track record of
			 success in getting students on track to being college and career ready, based
			 on multiple measures of student achievement;
					(iii)a
			 requirement that a teacher preparation academy will only award a certificate of
			 completion (or degree, if the teacher preparation academy is, or is affiliated
			 with, an institution of higher education) after the graduate demonstrates the
			 track record of success described in clause (ii), either as a student teacher
			 or teacher-of-record on an alternative certificate, license, or
			 credential;
					(iv)a
			 requirement that the teacher preparation academy survey the academy's alumni
			 not less than once every 3 years to track the number of alumni employed as
			 teachers and in education; and
					(v)timelines for
			 producing cohorts of graduates and conferring certificates of completion (or
			 degrees, if the teacher preparation academy is, or is affiliated with, an
			 institution of higher education) from the teacher preparation academy;
					(B)shall not have
			 unnecessary restrictions on the methods or inputs the teacher preparation
			 academy will use to train teacher candidates or teachers teaching on
			 alternative certificates, licenses, or credentials, including restrictions or
			 requirements—
					(i)obligating the
			 faculty of the teacher preparation academy to hold advanced degrees;
					(ii)obligating such
			 faculty to conduct academic research;
					(iii)related to the
			 physical infrastructure of the teacher preparation academy;
					(iv)related to the
			 number of course credits required as part of the program of study;
					(v)related to the
			 undergraduate coursework completed by teachers teaching on alternative
			 certificates, licenses, or credentials, as long as such teachers have
			 successfully passed all relevant State-approved content area examinations;
			 or
					(vi)related to
			 obtaining additional accreditation from a national accrediting body; and
					(C)limits admission
			 to its program to candidates who demonstrate strong potential to be effective
			 teachers, based on a rigorous selection process that reviews a candidate's
			 prior academic achievement or record of professional accomplishment.
				4.State
			 grants
			(a)In
			 generalThe Secretary is authorized to award grants to States
			 having applications approved under subsection (b) to enable such States to
			 create or expand teacher or principal preparation academies.
			(b)ApplicationsEach
			 State that desires a grant under this Act shall submit an application to the
			 Secretary at such time, in such manner, and containing such information as the
			 Secretary may reasonably require. The application shall include—
				(1)an assurance that
			 the State does not have in place legal, statutory, or regulatory barriers to
			 the creation or operation of teacher or principal preparation academies;
				(2)a description of
			 how the State will promote the creation and expansion of teacher or principal
			 preparation academies;
				(3)a description of
			 how the authorization and approval of teacher or principal preparation
			 academies is separate and distinct from the requirements otherwise established
			 by the State for approval of other teacher or principal preparation
			 programs;
				(4)a description of
			 the process the State authorizer will use to authorize and approve a teacher or
			 principal preparation academy that—
					(A)enables
			 participants in the academy to be eligible for State financial aid to the same
			 extent as participants in other State-approved teacher or principal preparation
			 programs, including alternative certification, licensure, or credential
			 programs;
					(B)enables teachers
			 who are teaching on alternative certificates, licenses, or credentials to teach
			 in the State while enrolled in a teacher preparation academy; and
					(C)enables graduates
			 from teacher preparation academies to be eligible to teach in such State and
			 graduates from principal preparation academies to be eligible to be a principal
			 in a school in such State;
					(5)a description of
			 the process the State authorizer will use to monitor the success of—
					(A)a teacher
			 preparation academy in—
						(i)producing
			 effective teachers that demonstrate a track record of success in getting
			 students on track to being college and career ready, based on multiple measures
			 of student achievement; and
						(ii)preparing
			 teachers to teach in high-needs schools or hard-to-staff subjects, such as
			 science, technology, engineering, mathematics, and computer science; and
						(B)a principal
			 preparation academy in—
						(i)producing
			 effective principals that demonstrate a track record of success in getting
			 students in a school on track to being career and college ready; and
						(ii)preparing
			 principals to serve in high-needs schools or hard-to-staff subjects;
						(6)the criteria the
			 State authorizer will apply in renewing or denying a teacher or principal
			 preparation academy’s charter, including the minimum number and percentage of
			 effective teachers or principals such academy must produce in order to renew
			 its charter; and
				(7)an assurance that
			 the State will recognize a certificate of completion (from a teacher or
			 principal preparation academy that is not, or is unaffiliated with, an
			 institution of higher education), as at least the equivalent of a master’s
			 degree in education for the purposes of teacher or principal hiring, retention,
			 compensation, and promotion in the State.
				(c)Uses of
			 fundsA State receiving a grant under this Act shall use grant
			 funds to—
				(1)implement a
			 process by which to—
					(A)create or
			 designate State authorizers; and
					(B)create or approve
			 teacher or principal preparation academies;
					(2)support, directly
			 or through a nonprofit intermediary organization, the establishment and
			 operation of teacher or principal preparation academies by assisting entities
			 with the planning, program design, and implementation of such programs;
			 and
				(3)award subgrants
			 to teacher or principal preparation academies in the State in accordance with
			 section 5.
				5.Subgrants to
			 teacher or principal preparation academies
			(a)In
			 generalFrom the amounts made available under section 4(c)(3), a
			 State shall award subgrants to nonprofit entities to carry out activities
			 described in subsection (d).
			(b)ApplicationsEach
			 nonprofit entity desiring a subgrant under this section from a State shall
			 submit an application to a State authorizer designated by the State to receive
			 such applications. The application shall include, at a minimum—
				(1)a description of
			 the teacher or principal preparation academy's proposed curriculum, training of
			 teacher or principal candidates (including clinical training), and approach to
			 teacher or principal development;
				(2)the student
			 achievement outcomes the entity will require of academy graduates before
			 conferring a degree or certificate of completion from the program, with
			 timelines for obtaining such outcomes;
				(3)a multi-year
			 financial and operating model for the entity;
				(4)the
			 qualifications of the entity’s chief executive officer or organization leader;
			 and
				(5)a description of
			 how the teacher or principal preparation academy is designed to prepare
			 teachers or principals to serve in high-need areas (including rural areas and
			 Native American communities), or hard-to-staff subjects.
				(c)PriorityIn
			 awarding subgrants under this section, a State shall give a priority to
			 entities proposing to expand previously existing teacher or principal
			 preparation programs, as of the date of application, with a demonstrated track
			 record of success in getting students on track to being college and career
			 ready.
			(d)Uses of
			 fundsAn entity that receives a subgrant under this section shall
			 use its subgrant—
				(1)to establish a
			 teacher or principal preparation academy;
				(2)to expand the
			 capacity of a teacher or principal preparation academy;
				(3)to measure the
			 effectiveness of a teacher or principal preparation academy in improving
			 student academic achievement, as demonstrated by getting students on track to
			 be college and career ready; or
				(4)to recruit
			 candidates for a teacher or principal preparation academy who have demonstrated
			 strong potential to be effective teachers or principals, based on a rigorous,
			 competency-based selection process that reviews a candidate's prior academic
			 achievement or record of professional accomplishment.
				6.Coordination
			 with the Corporation for National and Community Service
			(a)Interagency
			 agreementThe Secretary shall enter into an interagency agreement
			 with the Corporation for National and Community Service under section 121(b) of
			 the National and Community Service Act of 1990 (42 U.S.C. 12571(b)) under which
			 the Corporation shall approve positions, for candidates at each teacher or
			 principal preparation academy that receives financial assistance under this
			 Act, as approved national service positions, as defined in section 101 of the
			 National and Community Service Act of 1990 (42 U.S.C. 12511). Such interagency
			 agreement shall specify how a degree or certificate of completion for a term of
			 service as a participant at a teacher or principal preparation academy will be
			 submitted to the Corporation.
			(b)Special
			 ruleNotwithstanding section 148 of the National and Community
			 Service Act of 1990 (42 U.S.C. 12604), the Secretary and the Chief Executive
			 Officer of the Corporation for National and Community Service shall develop a
			 program under which national service educational awards may be disbursed to a
			 teacher or principal preparation academy to cover or reimburse the costs of
			 attending the academy.
			7.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act such sums as may be
			 necessary for each of fiscal years 2014 through 2018.


109 HR 3460 IH: To amend the Internal Revenue Code of 1986 to allow married individuals who are legally separated and living apart to exclude from gross income the income from United States savings bonds used to pay higher education tuition and fees.
U.S. House of Representatives
2005-07-27
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3460
IN THE HOUSE OF REPRESENTATIVES

July 27, 2005
Mr. Andrews introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to allow married individuals who are legally separated and living apart to exclude from gross income the income from United States savings bonds used to pay higher education tuition and fees.

1.Certain married individuals filing separate returns allowed to exclude income from United States savings bonds used to pay higher education tuition and fees
(a)In generalSubsection (d) of section 135 of the Internal Revenue Code of 1986 (relating to special rules for exclusion of income from United States savings bonds used to pay higher education tuition and fees) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:

(4)Certain married individuals living apartFor purposes of this section, an individual shall not be considered as married in a taxable year if such individual—
(A)is married and files a separate return for such taxable year,
(B)as of the close of such taxable year, is legally separated from the individual’s spouse, and
(C)was not a member of the same household as the individual’s spouse at any time during the taxable year..
(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2004.


117 S522 RS: Providing Accountability Through Transparency Act of 2021
U.S. Senate
2021-03-02
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.

IICalendar No. 79117th CONGRESS1st SessionS. 522[Report No. 117–25]IN THE SENATE OF THE UNITED STATESMarch 2 (legislative day, March 1), 2021Mr. Lankford (for himself, Ms. Sinema, Mr. Risch, Mr. Johnson, and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsJune 21, 2021Reported by Mr. Peters, without amendmentA BILLTo require each agency, in providing notice of a rule making, to include a link to a 100-word plain language summary of the proposed rule.1.Short titleThis Act may be cited as the Providing Accountability Through Transparency Act of 2021.2.Requirement to post a 100-word summary to regulations.govSection 553(b) of title 5, United States Code, is amended—(1)in paragraph (2), by striking and at the end;(2)in paragraph (3), by striking the period at the end and inserting ; and; and(3)by inserting after paragraph (3) the following:(4)the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov)..June 21, 2021Reported without amendment


116 S3256 IS: Schedules That Work Act
U.S. Senate
2020-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3256IN THE SENATE OF THE UNITED STATESFebruary 5, 2020Ms. Warren (for herself, Mr. Blumenthal, Mrs. Gillibrand, Mr. Van Hollen, Ms. Baldwin, Mr. Brown, Mr. Durbin, Ms. Harris, Mr. Cardin, Mr. Reed, Mr. Booker, Mrs. Feinstein, Mr. Markey, Mr. Sanders, Mr. Whitehouse, Mr. Murphy, Ms. Klobuchar, Ms. Duckworth, Mr. Leahy, Mr. Schumer, Ms. Hirono, Mr. Merkley, Mr. Wyden, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo permit employees to request changes to their work schedules without fear of retaliation and to
			 ensure that employers consider these requests, and to require employers to
			 provide more predictable and stable schedules for employees in certain
			 occupations with evidence of unpredictable and unstable scheduling
			 practices that negatively affect employees, and for other purposes.

		1.Short title; findings
 (a)Short titleThis Act may be cited as the Schedules That Work Act. (b)FindingsCongress finds the following:
 (1)The vast majority of the United States workforce today is juggling responsibilities at home and at work. Women are primary breadwinners or co-breadwinners in 64 percent of families in the United States.
 (2)Despite the dual responsibilities of today's workforce, both hourly and salaried workers often have little ability to make changes to their work schedules when those changes are needed to accommodate family responsibilities.
 (3)(A)Mothers working in low-wage jobs are more likely to be the primary or sole breadwinner for their families than mothers working in higher-wage jobs. For example, nearly 7 in 10 mothers in the one-fifth of households in the United States with the lowest incomes bring home all or most of their families’ income, compared to less than one-third of their counterparts in the highest-income quintile.
 (B)At the same time, low-wage workers have the least control over their work schedules and the most unpredictable schedules. Across industries, more than half (55 percent) of low-paid hourly workers report that they receive a week or less of notice of their work schedules, and nearly two-thirds (65 percent) report that their employer controls the timing of their work hours. In some industries, just-in-time scheduling practices, which base workers' schedules on perceived consumer demand to minimize labor costs, are particularly common. Employers using these practices often post work schedules with little notice, vary work hours widely from week to week, cancel shifts at the last minute, and schedule employees for on call shifts (requiring an employee to call in to work to find out whether the employee will have to work later that day) or clopening shifts (requiring an employee to work a closing shift at night followed by an opening shift a few hours later). For example, surveys of nearly 30,000 hourly workers employed by the 80 largest retail and food service chains in the United States show that—
 (i)about two-thirds of hourly retail and food service workers receive their work schedules with less than 2 weeks’ advance notice;
 (ii)more than one in 4 hourly retail and food service workers have been scheduled for on-call shifts, and half have worked clopening shifts; and
 (iii)only one in 5 hourly retail and food service workers report working a regular daytime schedule. (4)Unfair work scheduling practices make it difficult for low-wage workers to—
 (A)provide necessary care for children and other family members, including securing and maintaining stable child care;
 (B)access and receive needed care for the workers’ own serious health conditions; (C)pursue workforce training;
 (D)get or keep a second job, which many workers need to make ends meet; (E)plan for and access transportation to reach worksites; and
 (F)qualify for and maintain eligibility for needed public benefits and work supports, such as child care subsidies and benefits under the supplemental nutrition assistance program, due to fluctuations in income and work hours.
 (5)A growing body of research demonstrates that unstable and unpredictable work schedules have significant detrimental impacts on sleep quality, mental health, and happiness, and are associated with unstable child care arrangements and negative health and behavioral outcomes for children. These work schedules—and the work-family conflict they produce—are also associated with higher rates of turnover, which creates further instability for employers and workers. Workers of color are also more likely than their White counterparts, even compared to White coworkers at the same company, to experience unstable work schedules. For example:
 (A)Unstable work schedules lead to more household economic strain and time conflicts, and hurt the well-being of parents. While household economic strain, time conflicts, and the well-being of parents may all negatively impact the health and behavior of a child, a parent's well-being is the most significant factor in determining the behavior and health outcomes of a child. The more severe the work schedule instability, the worse the child's behavior and health outcomes.
 (B)The exposure of a parent to on-call shifts and last-minute shift changes are associated with more unstable child care arrangements and with the use of siblings to provide care.
 (C)Work schedule instability causes more work-family conflict, which increases the chance that a worker will be forced to leave his or her job. This turnover is associated with downward mobility of the worker's earnings.
 (D)(i)Relative to White workers, workers of color are more likely to— (I)have cancelled shifts;
 (II)have on-call shifts; (III)be involuntary part-time workers;
 (IV)have trouble getting time off; and (V)work clopening shifts, as described in paragraph (3)(B).
 (ii)The statistics described in clause (i) remain true after controlling for demographics, human capital, worker power, firm segregation, and discordance with the race or ethnicity of the worker and the manager. Race gaps in job quality are greater for women of color.
 (E)Workers who receive shorter advanced notice, those who work on-call shifts, those who experience last minute shift cancellation and timing changes, and those with more volatile work hours are more likely to experience hunger, residential hardships, and more overall economic hardship.
 (6)Unpredictable and unstable work schedules are common in a wide range of occupations, with evidence of particular concentration in food service, retail, cleaning, hospitality, and warehouse occupations. These occupations are critically important to the United States economy.
 (7)Employers that have implemented fair work scheduling policies that allow workers to have more control over their work schedules, and provide more predictable and stable schedules, have experienced significant benefits, including reductions in absenteeism and workforce turnover, and increased worker morale and engagement. For example, when Gap Inc. piloted strategies to make work schedules more stable and predictable for employees, the Gap Inc. stores that implemented these strategies experienced higher productivity, and a 7-percent increase in sales, compared to those Gap Inc. stores that did not implement these strategies.
 (8)This Act is a first step in responding to the needs of workers for a voice in the timing of their work hours and for more predictable schedules.
 2.DefinitionsAs used in this Act: (1)Bona fide business reasonThe term bona fide business reason means—
 (A)the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility;
 (B)a significant detrimental effect on the employer’s ability to meet organizational needs or customer demand;
 (C)a significant inability of the employer, despite best efforts, to reorganize work among existing (as of the date of the reorganization) staff;
 (D)a significant detrimental effect on business performance; (E)insufficiency of work during the periods an employee proposes to work;
 (F)the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer’s ability to meet organizational needs; or
 (G)such other reason as may be specified by the Secretary of Labor (or the corresponding administrative officer specified in section 9).
 (2)Career-related educational or training programThe term career-related educational or training program means an educational or training program or program of study offered by a public, private, or nonprofit career and technical education school, institution of higher education, or other entity that provides academic education, career and technical education, or training (including remedial education or English as a second language, as appropriate), that is a program that leads to a recognized postsecondary credential (as identified under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)), and provides career awareness information. The term includes a program allowable under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), or the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), without regard to whether or not the program is funded under the corresponding Act.
 (3)CaregiverThe term caregiver means an individual with the status of being a significant provider of— (A)ongoing care or education, including responsibility for securing the ongoing care or education, of a child; or
 (B)ongoing care, including responsibility for securing the ongoing care, of— (i)a person with a serious health condition who is in a family relationship with the individual; or
 (ii)a parent of the individual, who is age 65 or older. (4)ChildThe term child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to that child, who is—
 (A)under age 18; or (B)age 18 or older and incapable of self-care because of a mental or physical disability.
 (5)Commerce termsThe terms commerce and industry or activity affecting commerce have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
			(6)Covered employer
 (A)In generalThe term covered employer— (i)means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees (described in paragraph (9)(A));
 (ii)includes any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in paragraph (9)(A)) of such employer;
 (iii)includes any successor in interest of such an employer; and (iv)includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)), to which subparagraph (B) of such section shall apply.
 (B)RuleFor purposes of determining the number of employees who work for a person described in subparagraph (A)(i), all employees (described in paragraph (9)(A)) performing work for compensation on a full-time, part-time, or temporary basis shall be counted, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year.
 (C)PersonIn this paragraph, the term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
 (7)Domestic partnerThe term domestic partner means the individual recognized as being in a relationship with an employee under any domestic partnership, civil union, or similar law of the State or political subdivision of a State in which the employee resides.
 (8)EmployThe term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
 (9)EmployeeThe term employee means an individual who is— (A)an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not described in any of subparagraphs (B) through (G);
 (B)a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a));
 (C)a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment;
 (D)a covered employee, as defined in section 411(c) of title 3, United States Code; (E)a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code;
 (F)an employee of the Library of Congress; or (G)an employee of the Government Accountability Office.
 (10)EmployerThe term employer means a person— (A)who is—
 (i)a covered employer, as defined in paragraph (6), who is not described in any of clauses (ii) through (vii);
 (ii)an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991;
 (iii)an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv)an employing office, as defined in section 411(c) of title 3, United States Code;
 (v)an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; (vi)the Librarian of Congress; or
 (vii)the Comptroller General of the United States; and (B)who is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce.
 (11)Family relationshipThe term family relationship means a relationship with— (A)a child, spouse, domestic partner, parent, grandchild, grandparent, sibling, or parent of a spouse or domestic partner; or
 (B)any individual related to the employee involved by blood or affinity, whose close association with the employee is the equivalent of a family relationship described in subparagraph (A).
 (12)GrandchildThe term grandchild means the child of a child. (13)GrandparentThe term grandparent means the parent of a parent.
 (14)Minimum number of expected work hoursThe term minimum number of expected work hours means the minimum number of hours an employee will be assigned to work on a weekly or monthly basis.
 (15)Hospitality establishmentThe term hospitality establishment means a hotel, motel, inn, or similar transient lodging establishment. (16)Nonexempt employeeThe term nonexempt employee means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as defined for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)).
 (17)On-call shiftThe term on-call shift means any time during which an employer requires an employee to— (A)be available to work; and
 (B)contact the employer or the designee of the employer, or wait to be contacted by the employer or designee, to determine whether the employee is required to report to work at that time.
 (18)ParentThe term parent means a biological or adoptive parent, a stepparent, or a person who stood in a parental relationship to an employee when the employee was a child.
 (19)Parental relationshipThe term parental relationship means a relationship in which a person assumed the obligations incident to parenthood for a child and discharged those obligations before the child reached adulthood.
 (20)Retail, food service, cleaning, hospitality, or warehouse employeeThe term retail, food service, cleaning, hospitality, or warehouse employee means a nonexempt employee who is employed in a hospitality establishment, in a warehouse establishment, or in any of the following occupations, as described by the Bureau of Labor Statistics Standard Occupational Classification System (as in effect on the day before the date of enactment of this Act):
 (A)Retail sales occupations consisting of occupations described in 41–1010 and 41–2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gambling change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons.
 (B)Food preparation and serving related occupations as described in 35–0000, and all subdivisions thereof, of such System, which includes supervisors of food preparation and serving workers, cooks and food preparation workers, food and beverage serving workers, and other food preparation and serving related workers.
 (C)Building cleaning occupations as described in 37–2011, 37–2012, and 37–2019 of such System, which includes janitors and cleaners, maids and housekeeping cleaners, and building cleaning workers.
 (21)SecretaryThe term Secretary means the Secretary of Labor. (22)Secretary's designated employeeThe term Secretary's designated employee means an employee employed in an occupation, other than a retail, food service, cleaning, hospitality, or warehouse occupation, that is designated by the Secretary under section 9(a)(2) as appropriate for coverage under section 4.
 (23)Serious health conditionThe term serious health condition has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
 (24)SiblingThe term sibling means a brother or sister, whether related by half blood, whole blood, or adoption, or as a stepsibling.
 (25)Split shiftThe term split shift means a schedule of daily hours in which the hours worked are not consecutive, except that— (A)a schedule in which the total time out for meals does not exceed one hour shall not be treated as a split shift; and
 (B)a schedule in which the break in the employee's work shift is requested by the employee shall not be treated as a split shift.
				(26)Spouse
 (A)In generalThe term spouse means a person with whom an individual entered into— (i)a marriage as defined or recognized under State law in the State in which the marriage was entered into; or
 (ii)in the case of a marriage entered into outside of any State, a marriage that is recognized in the place where entered into and could have been entered into in at least 1 State.
 (B)Same-sex or common law marriageSuch term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A).
 (27)StateThe term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
 (28)Warehouse establishmentThe term warehouse establishment means any business that engages primarily in the storage of goods, wares, or commodities for hire or compensation, and, in connection with such storage, may include the loading, packing, sorting, stacking, wrapping, distribution, or delivery of those goods, wares, or commodities.
 (29)Work scheduleThe term work schedule means all of an employee’s regular work shifts and on-call shifts, including specific start and end times for each shift, during a consecutive 7-day period.
 (30)Work schedule changeThe term work schedule change means any modification to an employee’s work schedule, such as an addition or reduction of hours, cancellation of a shift, or a change in the date or time of a work shift, by an employer.
 (31)Work shiftThe term work shift means the specific hours of the workday during which an employee works. 3.Right to request and receive a flexible, predictable, or stable work schedule (a)Right To requestAn employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to—
 (1)the number of hours the employee is required to work or be on call for work; (2)the times when the employee is required to work or be on call for work;
 (3)the location where the employee is required to work; (4)the amount of notification the employee receives of work schedule assignments; and
 (5)minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis.
				(b)Employer obligation To engage in an interactive process
 (1)In generalIf an employee applies to the employee's employer to request a change in the terms and conditions of employment as set forth in subsection (a), the employer shall engage in a timely, good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee’s needs.
 (2)ResultSuch process shall result in— (A)either granting or denying the request;
 (B)in the event of a denial, considering alternatives to the proposed change that might meet the employee’s needs and granting or denying a request for an alternative change in the terms and conditions of employment as set forth in subsection (a); and
 (C)in the event of a denial, stating the reason for denial, including whether any such reason is a bona fide business reason.
 (3)InformationIf information provided by the employee making a request under this section requires clarification, the employer shall explain what further information is needed and give the employee reasonable time to produce the information.
 (c)Requests related to caregiving, enrollment in education or training, or a second jobIf an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a) because of a serious health condition of the employee, due to the employee’s responsibilities as a caregiver, or due to the employee's enrollment in a career-related educational or training program, or if an employee makes a request for such a change for a reason related to a second job, the employer shall grant the request, unless the employer has a bona fide business reason for denying the request.
 (d)Other requestsIf an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a), for a reason other than those reasons set forth in subsection (c), the employer may deny the request for any reason that is not unlawful. If the employer denies such a request, the employer shall provide the employee with the reason for the denial, including whether any such reason is a bona fide business reason.
			4.Requirements for predictability pay, split shift pay, and advance notice of work schedules for
			 retail, food service, cleaning, hospitality, warehouse, or Secretary's
			 designated employees
			(a)Advance notice requirement
 (1)Initial scheduleOn or before the first day of work for a new retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, the employer shall inform the employee of the work schedule of the employee and the minimum number of expected work hours the employee will be assigned to work per month.
				(2)Providing notice of new schedules
 (A)In generalExcept as provided in subsection (b)(2), if the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, changes from the work schedule of which the employee was informed pursuant to paragraph (1), the employer shall provide the employee with the new work schedule of the employee not less than 14 days before the first day of the new work schedule. Such a change shall include a change in the number of hours of work for which an employee is assigned.
 (B)Compensation for failure to provide timely noticeAn employer that violates subparagraph (A) shall compensate each affected employee in the amount of $75 per day that the new work schedule is not provided.
 (3)Notifications in writingThe notifications of the work schedules required under paragraphs (1) and (2) shall be made to the employee involved in writing.
				(4)Schedule posting requirement
 (A)In generalEvery employer employing any retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, shall post a copy of the work schedule of each such employee and keep it posted in a conspicuous place in every establishment where such employee is employed so as to permit the employee involved to observe readily the copy. Availability of that schedule by electronic means accessible to all retail, food service, cleaning, hospitality, or warehouse employees, or Secretary's designated employees, of that employer shall be considered compliance with this subparagraph.
 (B)Right to declineA retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, may decline to work any hours not included in the work schedule posted under subparagraph (A) as work hours for the employee.
 (C)ConsentIf a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, voluntarily consents to work any hours not posted under subparagraph (A), such consent must be recorded in writing.
 (5)Rule of constructionNothing in this subsection shall be construed to prohibit an employer from— (A)providing greater advance notice of the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, than is required under this subsection; or
 (B)using any means, in addition to the written means required under paragraph (3), of notifying a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, of the work schedule of the employee.
					(b)Predictability for work schedule changes made with less than 14 days' notice
 (1)In generalAn employer may, subject to subsection (a) and paragraph (2), make changes as needed to the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, including by offering additional hours of work in addition to those scheduled pursuant to the requirements under subsection (a).
 (2)Predictability payExcept as provided in paragraph (3), for each change made by an employer to a work schedule provided to an employee under subsection (a) that occurs less than 14 days prior to the first day on which the change is to take effect, the employer shall be required to provide the affected employee with pay (referred to in this subsection as predictability pay) at the following rates:
 (A)The employee's regular rate of pay per hour that the employee works plus an additional hour at such regular rate if the employer—
 (i)adds any hours to the hours the employee is scheduled to work under subsection (a); or (ii)changes the date, time, or location of the work shift the employee is scheduled to work under subsection (a) with no loss of hours.
 (B)Not less than one-half times the employee’s regular rate of pay per hour for any hour that the employee is scheduled to work under subsection (a) and does not work due to the employer subtracting or canceling such scheduled hours of work.
 (3)Exceptions to predictability payAn employer shall not be required to pay predictability pay under paragraph (2), or to obtain written consent pursuant to subsection (a)(5), under any of the following circumstances:
 (A)A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, requests a shift change in writing, including through the use of sick leave, vacation leave, or any other leave policy offered by the employer.
 (B)A schedule change is the result of a mutually agreed upon shift trade or coverage arrangement between retail, food service, cleaning, hospitality, or warehouse employees, or Secretary’s designated employees, subject to any policy of the employer regarding required conditions for employees to exchange shifts.
 (C)The employer’s operations cannot begin or continue due to— (i)a threat to the property of an employee or the employer;
 (ii)the failure of a public utility or the shutdown of public transportation; (iii)a fire, flood, or other natural disaster;
 (iv)a state of emergency declared by the President of the United States or by the governor of the State, or the mayor of the city, in which the operations are located; or
 (v)a severe weather condition that poses a threat to employee safety. (c)Split shift pay requirementAn employer shall pay a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, for one additional hour at the employee’s regular rate of pay for each day during which the employee works a split shift.
 (d)Pay stub transparencyAny pay provided to an employee pursuant to subsection (a), (b), or (c) (referred to in this subsection as additional pay) shall be included in the employee's regular paycheck. The employer shall identify, in the corresponding written wage statement or pay stub, the total number of hours of additional pay provided for the pay period involved and whether the additional pay was due to the requirements of subsection (a), the requirements of subsection (b), or the requirements of subsection (c).
			5.Right to rest between work shifts
 (a)In generalAn employee employed by a covered employer may decline, without penalty, to work any work shift or on-call shift that is scheduled or otherwise occurs—
 (1)less than 11 hours after the end of the work shift or on-call shift for the previous day; or (2)during the 11 hours following the end of a work shift or on-call shift that spanned 2 days.
 (b)ConsentAn employee employed by a covered employer may— (1)consent to work a shift described in subsection (a) in writing, either for each such shift or for multiple shifts; and
 (2)may revoke such consent in writing at any time during employment.
 (c)CompensationFor each instance that an employee employed by a covered employer works a shift described in subsection (a), the covered employer shall compensate the employee at one and one-half times the employee’s scheduled rate of pay for the hours worked that are less than 11 hours apart from the hours worked during the previous shift.
			6.Prohibited Acts
 (a)Interference with rightsIt shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any right of—
 (1)an employee as set forth in section 3; (2)a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, as set forth in section 4; or
 (3)an employee of a covered employer as set forth in section 5. (b)Retaliation prohibitedIt shall be unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or take any other adverse employment action against any employee in retaliation for exercising the rights of an employee under this Act or opposing any practice made unlawful by this Act. For purposes of section 3, such retaliation shall include taking an adverse employment action against any employee on the basis of that employee’s request for a change in work schedule, or because of an employee's eligibility or perceived eligibility to request or receive a change in the terms and conditions of employment, as described in such section, on the basis of a reason set forth in section 3(c).
 (c)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—
 (1)has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act;
 (2)has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or
 (3)has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act.
				7.Remedies and enforcement
			(a)Investigative authority
 (1)In generalTo ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)).
 (2)Obligation to keep and preserve recordsEach employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued by the Secretary under section 9.
 (3)Required submissions generally limited to an annual basisThe Secretary shall not under the authority of this subsection require any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to subsection (c).
 (4)Subpoena powersFor the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
				(b)Civil action by employees
 (1)LiabilityAny employer who violates a section 6(a) (with respect to a right set forth in subsection (a), (b), or (c) of section 4), section 5, or subsection (b) or (c) of section 6 (each such provision referred to in this section as a covered provision) shall be liable to any employee affected for—
 (A)damages equal to the amount of— (i)any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611)), or other compensation denied, lost, or owed to such employee by reason of the violation; or
 (ii)in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation;
 (B)interest on the amount described in subparagraph (A) calculated at the prevailing rate; (C)an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), except that if an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, reduce the amount of liability to the amount and interest determined under subparagraphs (A) and (B), respectively; and
 (D)such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2)Right of ActionAn action to recover the damages or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of—
 (A)the employees; or (B)the employees and other employees similarly situated.
 (3)Fees and CostsThe court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
 (4)LimitationsThe right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(4) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action described is dismissed without prejudice on motion of the Secretary.
				(c)Actions by the Secretary
 (1)Administrative ActionThe Secretary shall receive, investigate, and attempt to resolve complaints of violations of this Act in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with paragraph (3)), with respect to such an alleged violation.
 (2)Administrative ReviewAn affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be considered to be a final order that is not subject to judicial review.
 (3)Civil penaltyAn employer who willfully and repeatedly violates— (A)section 4 or 5 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation; and
 (B)subsection (b) or (c) of section 6 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $1,100 per violation.
 (4)Civil actionThe Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to—
 (A)restrain violations of this Act; (B)award such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and
 (C)in the case of a violation of a covered provision, recover the damages and interest described in subparagraphs (A) through (C) of subsection (b)(1).
					(d)Limitation
 (1)In generalExcept as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
 (2)Willful ViolationIn the case of such action brought for a willful violation of section 6, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought.
 (3)CommencementIn determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed.
				(e)Other Administrative Officers
 (1)BoardIn the case of employees described in section 2(9)(C), the authority of the Secretary under this Act shall be exercised by the Board of Directors of the Office of Compliance.
 (2)President; Merit Systems Protection BoardIn the case of employees described in section 2(9)(D), the authority of the Secretary under this Act shall be exercised by the President and the Merit Systems Protection Board.
 (3)Office of Personnel ManagementIn the case of employees described in section 2(9)(E), the authority of the Secretary under this Act shall be exercised by the Office of Personnel Management.
 (4)Librarian of CongressIn the case of employees of the Library of Congress, the authority of the Secretary under this Act shall be exercised by the Librarian of Congress.
 (5)Comptroller GeneralIn the case of employees of the Government Accountability Office, the authority of the Secretary under this Act shall be exercised by the Comptroller General of the United States.
				8.Notice and posting
 (a)In generalEach employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or the corresponding administrative officer specified in section 9) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under this Act.
 (b)PenaltyAny employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense.
			9.Regulations
			(a)Secretary of Labor
 (1)In generalExcept as provided in subsections (b) through (f), not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as may be necessary to implement this Act.
				(2)Regulations regarding additional occupations to be covered
 (A)In generalIn carrying out paragraph (1), the Secretary shall issue regulations, for purposes of defining Secretary's designated employees under section 2(22), that specify a process the Secretary will follow to identify and designate occupations in addition to retail, food service, cleaning, hospitality, or warehouse occupations that are appropriate for coverage under section 4. Nonexempt employees in occupations designated under this subparagraph shall be considered to be Secretary's designated employees for purposes of this Act.
 (B)CriteriaThe regulations shall provide that the Secretary shall so designate an additional occupation— (i)in which not less than 10 percent of workers employed in the occupation generally—
 (I)receive advance notice of their work schedules less than 14 days before the first day of the work schedules; or
 (II)experience fluctuations in the number of hours the employees are scheduled to work on a daily, weekly, or monthly basis; or
 (ii)for which the Secretary determines such designation is appropriate. (C)Data reviewIn issuing the regulations, the Secretary shall specify the process by which the Department of Labor will review data from stakeholders, and data collected or generated by the Department, in making those designations.
					(b)Board
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Compliance shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(C). The procedures applicable to regulations of the Board issued for the implementation of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.), prescribed in section 304 of that Act (2 U.S.C. 1384), shall be the procedures applicable to regulations issued under this subsection.
 (2)ConsiderationIn prescribing the regulations, the Board shall take into consideration the enforcement and remedies provisions concerning the Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
 (3)ModificationsThe regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued by the Board, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act.
				(c)President
 (1)In generalNot later than 180 days after the date of enactment of this Act, the President shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(D).
 (2)ConsiderationIn prescribing the regulations, the President shall take into consideration the enforcement and remedies provisions concerning the President and the Merit Systems Protection Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993, under chapter 5 of title 3, United States Code.
 (3)ModificationsThe regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the President may determine, for good cause shown and stated together with the regulations issued by the President, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act.
				(d)Office of Personnel Management
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(E).
 (2)ConsiderationIn prescribing the regulations, the Office shall take into consideration the enforcement and remedies provisions concerning the Office under subchapter V of chapter 63 of title 5, United States Code.
 (3)ModificationsThe regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Office may determine, for good cause shown and stated together with the regulations issued by the Office, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act.
				(e)Librarian of Congress
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Librarian of Congress shall issue such regulations as may be necessary to implement this Act with respect to employees of the Library of Congress.
 (2)ConsiderationIn prescribing the regulations, the Librarian shall take into consideration the enforcement and remedies provisions concerning the Librarian of Congress under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.).
 (3)ModificationsThe regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Librarian may determine, for good cause shown and stated together with the regulations issued by the Librarian, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act.
				(f)Comptroller General
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Comptroller General shall issue such regulations as may be necessary to implement this Act with respect to employees of the Government Accountability Office.
 (2)ConsiderationIn prescribing the regulations, the Comptroller General shall take into consideration the enforcement and remedies provisions concerning the Comptroller General under title I of the Family and Medical Leave Act of 1993.
 (3)ModificationsThe regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Comptroller General may determine, for good cause shown and stated together with the regulations issued by the Comptroller General, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act.
				10.Research, education, and technical assistance program and surveys
 (a)In generalThe Secretary shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act.
 (b)ProgramIn order to achieve the objectives of this Act— (1)the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing a flexible, predictable, or stable work environment through changes in the terms and conditions of employment as provided in section 3(a); and
 (2)the Secretary shall carry on a continuing program of research, education, and technical assistance, including—
 (A)(i)conducting pilot programs that implement fairer work schedules, including by promoting cross training, providing 3 weeks or more advance notice of schedules, providing employees with a minimum number of hours of work, and using electronic workforce management systems to provide more flexible, predictable, and stable schedules for employees; and
 (ii)evaluating the results of such pilot programs for employees, employee's families, and employers; (B)publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies regarding fair work scheduling policies and other materials for promoting compliance with this Act;
 (C)sponsoring and assisting State and community informational and educational programs; and (D)providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act.
 (c)Current population surveyThe Secretary, acting through the Commissioner of the Bureau of Labor Statistics, and the Director of the Bureau of the Census shall—
 (1)include in the Current Population Survey questions on— (A)the magnitude of fluctuation in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis;
 (B)the extent of advance notice an employee receives of the employee's work schedule; and (C)the extent to which an employee has input in the employee's work schedule; and
 (2)conduct at regular intervals the Contingent Worker Supplement, the Work Schedules and Work at Home Supplement, and other relevant supplements (as determined by the Secretary), to the Current Population Survey.
 11.Rights retained by employeesThis Act provides minimum requirements and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, requirement, policy, or standard that provides for greater rights for employees than are required in this Act.
 12.ExemptionThis Act shall not apply to any employee covered by a valid collective bargaining agreement if— (1)the terms of the collective bargaining agreement include terms that govern work scheduling practices; and
 (2)the provisions of this Act are expressly waived in such collective bargaining agreement.
			13.Effect on other law
 (a)In generalNothing in this Act shall be construed as superseding, or creating or imposing any requirement in conflict with, any Federal, State, or local regulation or other law (including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.), the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)).
 (b)Relationship to collective bargaining rightsNothing in this Act (including section 12) shall be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement.


113 HR 5461 : Insurance Capital Standards Clarification Act of 2014
U.S. House of Representatives
2014-09-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB
113th CONGRESS 2d Session
H. R. 5461
IN THE SENATE OF THE UNITED STATES

September 17 (legislative day, September 16), 2014
Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT
To clarify the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act, to improve upon the definitions provided for points and fees in connection with a mortgage transaction, and for other purposes.

1.Table of contentsThe table of contents for this Act is as follows:  Sec. 1. Table of contents. Title I—Insurance Capital Standards Sec. 101. Short title. Sec. 102. Clarification of application of leverage and risk-based capital requirements. Title II—Collateralized loan obligations Sec. 201. Short title. Sec. 202. Rules of construction relating to collateralized loan obligations. Title III—Definition of Points and Fees in Mortgage Transactions Sec. 301. Short title. Sec. 302. Definition of points and fees. Sec. 303. Rulemaking. Title IV—Business Risk Mitigation and Price Stabilization Sec. 401. Short title. Sec. 402. Margin requirements. Sec. 403. Implementation.   IInsurance Capital Standards 101.Short titleThis title may be cited as the Insurance Capital Standards Clarification Act of 2014.
102.Clarification of application of leverage and risk-based capital requirementsSection 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371) is amended— (1)in subsection (a), by adding at the end the following:

(4)Business of insuranceThe term business of insurance has the same meaning as in section 1002(3).  (5)Person regulated by a state insurance regulatorThe term person regulated by a State insurance regulator has the same meaning as in section 1002(22).
(6)Regulated foreign subsidiary and regulated foreign affiliateThe terms regulated foreign subsidiary and regulated foreign affiliate mean a person engaged in the business of insurance in a foreign country that is regulated by a foreign insurance regulatory authority that is a member of the International Association of Insurance Supervisors or other comparable foreign insurance regulatory authority as determined by the Board of Governors following consultation with the State insurance regulators, including the lead State insurance commissioner (or similar State official) of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners, where the person, or its principal United States insurance affiliate, has its principal place of business or is domiciled, but only to the extent that— (A)such person acts in its capacity as a regulated insurance entity; and
(B)the Board of Governors does not determine that the capital requirements in a specific foreign jurisdiction are inadequate.  (7)Capacity as a regulated insurance entityThe term capacity as a regulated insurance entity—
(A)includes any action or activity undertaken by a person regulated by a State insurance regulator or a regulated foreign subsidiary or regulated foreign affiliate of such person, as those actions relate to the provision of insurance, or other activities necessary to engage in the business of insurance; and  (B)does not include any action or activity, including any financial activity, that is not regulated by a State insurance regulator or a foreign agency or authority and subject to State insurance capital requirements or, in the case of a regulated foreign subsidiary or regulated foreign affiliate, capital requirements imposed by a foreign insurance regulatory authority.; and
(2)by adding at the end the following new subsection:  (c)Clarification (1)In generalIn establishing the minimum leverage capital requirements and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors as required under paragraphs (1) and (2) of subsection (b), the appropriate Federal banking agencies shall not be required to include, for any purpose of this section (including in any determination of consolidation), a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person engaged in the business of insurance, to the extent that such person acts in its capacity as a regulated insurance entity.
(2)Rule of construction on board’s authorityThis subsection shall not be construed to prohibit, modify, limit, or otherwise supersede any other provision of Federal law that provides the Board of Governors authority to issue regulations and orders relating to capital requirements for depository institution holding companies or nonbank financial companies supervised by the Board of Governors.  (3)Rule of construction on accounting principles (A)In generalA depository institution holding company or nonbank financial company supervised by the Board of Governors of the Federal Reserve that is also a person regulated by a State insurance regulator that is engaged in the business of insurance that files financial statements with a State insurance regulator or the National Association of Insurance Commissioners utilizing only Statutory Accounting Principles in accordance with State law, shall not be required by the Board under the authority of this section or the authority of the Home Owners' Loan Act to prepare such financial statements in accordance with Generally Accepted Accounting Principles.
(B)Preservation of authorityNothing in subparagraph (A) shall limit the authority of the Board under any other applicable provision of law to conduct any regulatory or supervisory activity of a depository institution holding company or non-bank financial company supervised by the Board of Governors, including the collection or reporting of any information on an entity or group-wide basis. Nothing in this paragraph shall excuse the Board from its obligations to comply with section 161(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5361(a)) and section 10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)), as appropriate..  IICollateralized loan obligations 201.Short titleThis title may be cited as the Restoring Proven Financing for American Employers Act.
202.Rules of construction relating to collateralized loan obligationsSection 13(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(g)) is amended by adding at the end the following new paragraphs:  (4)Collateralized loan obligations (A)Inapplicability to certain collateralized loan obligationsNothing in this section shall be construed to require the divestiture, prior to July 21, 2017, of any debt securities of collateralized loan obligations, if such debt securities were issued before January 31, 2014.
(B)Ownership interest with respect to collateralized loan obligationsA banking entity shall not be considered to have an ownership interest in a collateralized loan obligation because it acquires, has acquired, or retains a debt security in such collateralized loan obligation if the debt security has no indicia of ownership other than the right of the banking entity to participate in the removal for cause, or in the selection of a replacement after removal for cause or resignation, of an investment manager or investment adviser of the collateralized loan obligation.  (C)DefinitionsFor purposes of this paragraph:
(i)Collateralized loan obligationThe term collateralized loan obligation means any issuing entity of an asset-backed security, as defined in section 3(a)(77) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(77)), that is comprised primarily of commercial loans.  (ii)Removal for causeAn investment manager or investment adviser shall be deemed to be removed for cause if the investment manager or investment adviser is removed as a result of—
(I)a breach of a material term of the applicable management or advisory agreement or the agreement governing the collateralized loan obligation;  (II)the inability of the investment manager or investment adviser to continue to perform its obligations under any such agreement;
(III)any other action or inaction by the investment manager or investment adviser that has or could reasonably be expected to have a materially adverse effect on the collateralized loan obligation, if the investment manager or investment adviser fails to cure or take reasonable steps to cure such effect within a reasonable time; or  (IV)a comparable event or circumstance that threatens, or could reasonably be expected to threaten, the interests of holders of the debt securities. .
IIIDefinition of Points and Fees in Mortgage Transactions
301.Short titleThis title may be cited as the Mortgage Choice Act of 2014.  302.Definition of points and fees (a)Amendment to section 103 of TILASection 103(bb)(4) of the Truth in Lending Act (15 U.S.C. 1602(bb)(4)) is amended—
(1)by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C;  (2)in subparagraph (C)—
(A)by inserting and insurance after taxes;  (B)in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(7)) after compensation; and
(C)by striking clause (iii) and inserting the following:  (iii)the charge is—
(I)a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or  (II)a charge set forth in section 106(e)(1);; and
(3)in subparagraph (D)— (A)by striking accident,; and
(B)by striking or any payments and inserting and any payments.  (b)Amendment to section 129C of TILASection 129C of the Truth in Lending Act (15 U.S.C. 1639c) is amended—
(1)in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4); and  (2)in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4).
303.RulemakingNot later than the end of the 90-day period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue final regulations to carry out the amendments made by this Act, and such regulations shall be effective upon issuance.  IVBusiness Risk Mitigation and Price Stabilization 401.Short titleThis title may be cited as the Business Risk Mitigation and Price Stabilization Act of 2014.
402.Margin requirements
(a)Commodity Exchange Act amendmentSection 4s(e) of the Commodity Exchange Act (7 U.S.C. 6s(e)), as added by section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph:  (4)Applicability with respect to counterpartiesThe requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in such exemption, or satisfies the criteria in section 2(h)(7)(D). .
(b)Securities Exchange Act amendmentSection 15F(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–10(e)), as added by section 764(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph:  (4)Applicability with respect to counterpartiesThe requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4). .
403.ImplementationThe amendments made by this title to the Commodity Exchange Act shall be implemented— (1)without regard to—
(A)chapter 35 of title 44, United States Code; and  (B)the notice and comment provisions of section 553 of title 5, United States Code;
(2)through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and  (3)such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments.
 Passed the House of Representatives September 16, 2014.Karen L. Haas,Clerk


109 HR 3084 RH: Drug Free Sports Act
U.S. House of Representatives
2005-09-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 133
109th CONGRESS 1st Session
H. R. 3084
[Report No. 109–210, Part I]
IN THE HOUSE OF REPRESENTATIVES

June 28, 2005
Mr. Stearns (for himself, Ms. Schakowsky, Mr. Bass, Mr. Upton, Mrs. Blackburn, Mr. Gene Green of Texas, Mr. Markey, Mr. Murphy, and Mr. Shays) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, 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

July 28, 2005
Reported from the Committee on Energy and Commerce with an amendment
Strike out all after the enacting clause and insert the part printed in italic

July 28, 2005
Referral to the Committee on Education and the Workforce extended for a period ending not later than September 30, 2005

September 30, 2005
Committee on Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on June 28, 2005

A BILL
To direct the Secretary of Commerce to issue regulations requiring testing for steroids and other performance-enhancing substances for certain sports associations engaged in interstate commerce.

1.Short titleThis Act may be cited as the Drug Free Sports Act.
2.DefinitionsAs used in this Act—
(1)the term Secretary refers to the Secretary of Commerce; and
(2)the term professional sports associations means Major League Baseball, the National Basketball Association, the National Football League, the National Hockey League, Major League Soccer, the Arena Football League, and any other league or association that organizes professional athletic competitions as the Secretary may determine.
3.Rules requiring mandatory testing for athletes
(a)RulemakingNot later than 270 days after the date of enactment of this Act, the Secretary shall issue regulations requiring professional sports associations operating in interstate commerce to adopt and enforce policies and procedures for testing athletes who participate in their respective associations for the use of performance-enhancing substances. Such policies and procedures shall, at minimum, include the following:
(1)Timing and frequency of random testingEach athlete shall be tested a minimum of 5 times each year that such athlete is participating in the activities organized by the professional sports association. Tests shall be conducted at random intervals throughout the entire year, during both the season of play and the off-season, and neither the athlete, nor any member of the coaching and training staffs shall be notified in advance of the test.
(2)Applicable substancesThe Secretary, in consultation with the Director of the National Institute on Drug Abuse, shall, by rule, prescribe the substances for which each athlete shall be tested, which shall include—
(A)substances that—
(i)are determined by the World Anti-Doping Agency to be prohibited substances; and
(ii)the Secretary determines to be performance-enhancing substances for any particular sport, or substances whose purpose is to conceal the presence of performance-enhancing substances in the body, and for which testing is reasonable and practicable; and
(B)such additional substances that the Secretary may determine to be performance-enhancing substances for any particular sport, or substances whose purpose is to conceal the presence of performance-enhancing substances in the body, and for which testing is reasonable and practicable.
(3)Therapeutic and medical use exemptionsThe Secretary, in consultation with the Director of the National Institute on Drug Abuse, shall establish criteria by which professional sports associations, after consultation with the athletes who participate in the activities of such professional sports association (or the representatives of such athletes), may provide an athlete with an exemption for a particular substance, prior to or after any drug test, if such substance has a legitimate medical or therapeutic use, and if such use is for a documented medical condition of such athlete.
(4)Method of testing and analysisThe Secretary, in consultation with the Director of the National Institute on Drug Abuse, shall establish criteria whereby tests shall be administered by an independent party not affiliated with the professional sports association.
(5)PenaltiesSubject to the determination made pursuant to an appeal as described in paragraph (6), a positive test shall result in the following penalties:
(A)Suspension
(i)An athlete who tests positive shall be suspended from participation in the professional sports association for a period not less than 1/2 of a season of play, including suspension from the number of games constituting 1/2 of a season of play.
(ii)An athlete who tests positive, having once previously violated the policies concerning prohibited substances, shall be suspended from participation in the professional sports association for a period not less than an entire season of play, including suspension from the number of games constituting a full season of play.
(iii)An athlete who tests positive, having twice previously violated the policies concerning prohibited substances, shall be permanently suspended from participation in the professional sports association.All suspensions shall include loss of pay for the period of suspension.
(B)DisclosureThe name of any athlete having a positive test result resulting in suspension shall be disclosed to the public.
(C)Exceptional circumstancesThe Secretary shall establish criteria by which professional sports associations may reduce the period of suspension for an athlete who has tested positive for a prohibited substance but who establishes that he or she bears no fault or negligence or no significant fault or negligence for the violation. In establishing such criteria, the Secretary shall consider the policies and practices of the World Anti-Doping Agency regarding reduced penalties for exceptional circumstances. Such criteria shall not require a professional sports association to adopt a policy providing for reductions in penalties for any circumstances.
(6)Appeals process
(A)Hearing and final adjudicationAn athlete who tests positive and is subject to penalty under paragraph (5) shall be afforded an opportunity for a prompt hearing and a right to appeal. Such athlete shall file an appeal with the professional sports association within 5 business days after learning of the positive test. The association shall hold a hearing before an arbiter established under subparagraph (B) and such arbiter shall reach a final adjudication not later than 45 days after receiving notice of the appeal. The penalties specified in paragraph (5) shall be stayed pending an appeal and final adjudication.
(B)ArbiterThe arbiter of the appeals process described in subparagraph (A) shall be agreed upon mutually by the professional sports association and the athletes who participate in the activities of such professional sports association (or the representatives of such athletes), and shall be approved by the Secretary, and such approval shall not be unreasonably withheld.
(b)ConsultationIn prescribing regulations under this section, the Secretary may consult with anti-doping authorities, medical experts, and professional sports associations.
4.NoncomplianceBeginning 1 year after the date on which the final rules required by section 3 are issued, the Secretary may fine any professional sports association that fails to adopt and enforce testing policies and procedures consistent with such regulations. An initial fine for failing to adopt or enforce such policies and procedures under this Act shall be $5,000,000 and may be increased by the Secretary by $1,000,000 for each day of noncompliance. The Secretary may reduce the fines specified in this section upon finding such fines to be unduly burdensome on a professional sports association.
5.Reports
(a)Report on effectiveness of regulationsNot later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report describing the effectiveness of the regulations prescribed pursuant to this Act, the degree to which professional sports associations have complied with such regulations, and any significant examples of noncompliance.
(b)Study on college and secondary school testing policies and procedures
(1)StudyThe Comptroller General shall conduct a study on the testing policies and practices (and their implementation) for performance-enhancing substances for athletes at colleges and secondary schools. The study shall examine the prohibited substance policies and testing procedures of—
(A)intercollegiate athletic associations;
(B)college and university athletic departments; and
(C)secondary schools and State and regional interscholastic athletic associations.The study shall also include an analysis of the best available estimates for both licit and illicit use of anabolic steroids and human growth hormones by such athletes.
(2)ReportNot later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report shall assess the adequacy of such testing policies and procedures in detecting and preventing the use of performance-enhancing substances, and shall include any recommendations to Congress regarding expanding the application of the regulations issued pursuant to this Act to such intercollegiate and interscholastic athletic associations.
6.Rules of construction
(a)Pre-existing policiesNothing in this Act shall be construed to prohibit a professional sports association from continuing to enforce policies and procedures governing the use of performance-enhancing substances that were in effect on the date of enactment of this Act until such time as such professional sports associations adopt policies and procedures consistent with the rules issued under section 3.
(b)More stringent policiesNothing in this Act shall be construed to prohibit a professional sports association and its athletes (or the representatives of its athletes) from negotiating and agreeing upon policies and procedures governing the use and testing of performance-enhancing substances that are more stringent than those required by this Act.

September 30, 2005
Committee on Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed