111 S1019 IS: Baby Food Safety Act of 2021
U.S. Senate
2021-03-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1019IN THE SENATE OF THE UNITED STATESMarch 25, 2021Ms. Klobuchar (for herself and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes.1.Short titleThis Act may be cited as the Baby Food Safety Act of 2021.2.Definition of infant and toddler foodSection 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following:(ss)The term infant and toddler food means food intended for sale to children up to 36 months of age, including infant formula..3.Infant and toddler food hazard analysis and risk-based preventive controls(a)Preventive controlsSection 418(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(c)) 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 adding at the end the following:(4)the infant and toddler foods manufactured, processed, packed, or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section 104 of the FDA Food Safety Modernization Act..(b)VerificationParagraph (4) of section 418(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as follows:(4)the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and.(c)Biannual reportingSection 418(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(h)) is amended by adding at the end the following: The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods..4.Infant and toddler food action levels(a)Performance standard guidance documents and regulationsSection 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended—(1)in the matter preceding paragraph (1), by striking reduce the risk of serious illness or death and inserting reduce the risk of serious illness, including neurological impairment, or death; and(2)in paragraph (1), by inserting and toxic elements in infant and toddler foods before the semicolon.(b)Action levelsSection 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201) is amended by adding at the end the following: (e)Action levels(1)In generalBeginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection.(2)Initial levelsThe initial action levels under this subsection are the following:Toxic ElementAction LevelInorganic arsenic10 ppb for infant and toddler food (except cereal) and 15 ppb for infant and toddler food that is cereal Cadmium5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal Lead5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal Mercury 2 ppb(3)Interim action levelsNot later than 2 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall—(A)review relevant health and dietary data; and(B)by guidance, lower the initial action levels established by paragraph (2) to further minimize exposure to toxic elements in infant and toddler food to further reduce potential clinical or population-level health effects as indicated by the Secretary’s review of relevant health and dietary data.(4)Final regulatory limits; periodic reviewThe Secretary shall—(A)not later than 3 years after the date of enactment of the Baby Food Safety Act of 2021, by regulation set regulatory limits lower than the action levels established by paragraphs (2) and (3) to levels protective of infant and toddler neurological development, taking into account the most sensitive testing available; and(B)every 5 years thereafter—(i)review the levels established under this subsection to consider whether such levels should be lowered further consistent with the standard described in subparagraph (A); and(ii)if so, by regulation so lower such levels.(5)Toxic elementsThe Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data.(6)Progress reportsNot later than 1 year, 2 years, and 3 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall submit a report to the Congress containing—(A)a summary of progress towards establishing the required levels under this subsection;(B)an evaluation of the effectiveness of preventive controls for infant and toddler food based on monitoring results and verification results under section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) compared to levels under this subsection; and(C)an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food..(c)DefinitionSection 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following:(f)Infant and toddler food definedIn this section, the term infant and toddler food has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act..(d)Mandatory recall authoritySection 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended—(1)by striking (other than infant formula); and(2)by inserting after animals, the following: or the Secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection (e) of section 104 of the FDA Food Safety Modernization Act,.(e)Public awareness campaignSection 1009 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amended—(1)by redesignating subsection (h) as subsection (i); and(2)after executing the amendment made by paragraph (1), by inserting after subsection (g) the following:(h)Baby food public awareness campaignThe Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food..(f)Grants for farming researchSection 401 of the FDA Food Safety Modernization Act (Public Law 111–353; 124 Stat. 3967) is amended by adding the end the following:(c)Grants for farming research(1)In generalThe Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. (2)Authorization of appropriationsTo carry out this subsection, there is authorized to be appropriated $50,000,000..


		I
		112th CONGRESS
		1st Session
		H. R. 803
		IN THE HOUSE OF REPRESENTATIVES

			February 18, 2011
			Mr. Filner introduced
			 the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to increase
		  vocational rehabilitation and employment assistance, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Equity for Injured Veterans Act of
			 2011.
		2.Increase of vocational
			 rehabilitation and employment benefits
			(a)Period of
			 EligibilitySection 3103(a) of title 38, United States Code, is
			 amended by striking twelve-year and inserting
			 fifteen-year.
			(b)Increased
			 AllowanceSection 3108 of
			 such title is amended—
				(1)in subsection
			 (a)—
					(A)in paragraph (1),
			 by inserting or (j) after subsection (f);
			 and
					(B)in paragraph (2),
			 by striking two months and inserting six months;
			 and
					(2)by adding at the
			 end the following new subsection:

						(j)(1)As part of a vocational rehabilitation
				program under this chapter, a veteran who is eligible for and entitled to
				rehabilitation under this chapter may elect to pursue an approved program of
				education and receive assistance under this chapter to the extent that such
				veteran has remaining eligibility for and entitlement to assistance under this
				section, if the Secretary approves the educational, professional, or vocational
				objective chosen by such veteran for such program.
						(2)The amount of assistance a veteran shall
				receive pursuant to paragraph (1) is as follows:
							(A)In the case of a veteran who is considered
				a covered individual for purposes of section 3311 of this title, monthly
				amounts equal to the monthly amounts the veteran is eligible to receive for
				educational assistance under section 3313 of this title (including the monthly
				stipend provided under section 3313(c)(1)(B)).
							(B)In the case of a veteran who is not
				considered a covered individual for purposes of section 3311 of this title,
				monthly amounts equal to the monthly amounts the Secretary determines would be
				payable to such veteran if such veteran were eligible to receive educational
				assistance under section 3313 of this title (including the monthly stipend
				provided under section 3313(c)(1)(B)).
							(3)If a veteran makes an election under
				paragraph (1), the terms and conditions applicable to the pursuit of a
				comparable program of education and the payment of allowances and provision of
				assistance under chapter 33 of this title for such a comparable program shall
				be applied to the pursuit of the approved program of education under this
				chapter.
						.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply with respect to a veteran who is eligible for and
			 entitled to rehabilitation under chapter 31 of title 38, United States Code, on
			 or after the date of the enactment of this Act.
			3.Child care;
			 President’s Budget
			(a)In
			 generalChapter 31 of title 38, United States Code, is amended by
			 adding at the end the following new sections:

					3123.Child care
				assistance for single parents
						(a)In
				generalPursuant to
				regulations prescribed by the Secretary to carry out this section, the
				Secretary shall provide reimbursements for the actual cost of child care
				provided by a licensed provider to a veteran who—
							(1)is participating in a vocational
				rehabilitation program under this chapter;
							(2)is the sole caretaker of a child;
				and
							(3)would not otherwise be able to afford such
				child care.
							(b)Amount and
				durationThe amount of the
				reimbursement for the actual cost for child care under this section shall be
				not more than $2,000 per month for each month the veteran is participating in a
				vocational rehabilitation program under this chapter.
						3124.Information
				included in support of President’s budgetThe Secretary shall include in documents
				submitted to Congress by the Secretary in support of the President’s budget for
				each fiscal year submitted under section 1105 of title 31, United States Code,
				the following:
						(1)For the calendar
				year preceding the submission—
							(A)the percentage of veterans receiving
				assistance under this chapter who became employed; and
							(B)the percentage of veterans receiving
				assistance under this chapter who achieved independence in daily living.
							(2)Any changes made by the Secretary in
				measuring or calculating the performance of the department under this
				chapter.
						.
			(b)Clerical
			 AmendmentThe table of
			 sections at the beginning of such chapter 31 is amended by adding at the end
			 the following:

						3123. Child care assistance for single
				parents.
						3124. Information included in support of
				President’s
				budget.

					.


		111th CONGRESS
		2d Session
		S. 3167
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To amend title 13 of the United States Code
		  to provide for a 5-year term of office for the Director of the Census and to
		  provide for the authority and duties of the Director and Deputy Director of the
		  Census, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Census Oversight Efficiency and
			 Management Reform Act of 2010.
		2.Authority and duties of Director and Deputy
			 Director of the Census
			(a)In generalSection 21 of the title 13, United States
			 Code, is amended to read as follows:

					21.Director of the Census; Deputy Director of
				the Census; authority and duties
						(a)DefinitionsAs used in this section—
							(1)Director means the Director of
				the Census;
							(2)Deputy Director means the
				Deputy Director of the Census; and
							(3)function includes any duty,
				obligation, power, authority, responsibility, right, privilege, activity, or
				program.
							(b)Director of the Census
							(1)Appointment
								(A)In generalThe Bureau shall be headed by a Director of
				the Census, appointed by the President, by and with the advice and consent of
				the Senate.
								(B)QualificationsSuch appointment shall be made from
				individuals who have a demonstrated ability in managing large organizations and
				experience in the collection, analysis, and use of statistical data.
								(2)General authority and duties
								(A)In generalThe Director shall report directly to the
				Secretary without being required to report through any other official of the
				Department of Commerce.
								(B)DutiesThe Director shall perform such duties as
				may be imposed upon the Director by law, regulation, or orders of the
				Secretary.
								(C)Independence of directorNo officer or agency of the United States
				shall have any authority to require the Director to submit legislative
				recommendations, or testimony, or comments for review prior to the submission
				of such recommendations, testimony, or comments to Congress if such
				recommendations, testimony, or comments to Congress include a statement
				indicating that the views expressed therein are those of the Bureau and do not
				necessarily represent the views of the President.
								(3)Term of office
								(A)In generalThe term of office of the Director shall be
				5 years, and shall begin on January 1, 2012, and every fifth year thereafter.
				An individual may not serve more than 2 full terms as Director.
								(B)VacanciesAny individual appointed to fill a vacancy
				in such position, occurring before the expiration of the term for which such
				individual's predecessor was appointed, shall be appointed for the remainder of
				that term. The Director may serve after the end of the Director's term until
				reappointed or until a successor has been appointed, but in no event longer
				than 1 year after the end of such term.
								(C)RemovalAn individual serving as Director may be
				removed from office by the President. The President shall communicate in
				writing the reasons for any such removal to both Houses of Congress not later
				than 60 days before the removal.
								(4)FunctionsThe Director shall be responsible for the
				exercise of all powers and the discharge of all duties of the Bureau, and shall
				have authority and control over all personnel and activities thereof.
							(5)OrganizationThe Director may establish, alter,
				consolidate, or discontinue such organizational units or components within the
				Bureau as the Director considers necessary or appropriate, except that this
				paragraph shall not apply with respect to any unit or component provided for by
				law.
							(6)Advisory
				committees
								(A)Advisory
				committees generally
									(i)Authority to
				establishThe Director may establish such advisory committees as
				the Director considers appropriate to provide advice with respect to any
				function of the Director.
									(ii)Compensation
				and expensesMembers of any advisory committee established under
				clause (i) shall serve without compensation, but shall be entitled to
				transportation expenses and per diem in lieu of subsistence in accordance with
				section 5703 of title 5.
									(B)Technology
				advisory committee
									(i)In
				generalNot later than 180 days after the date of the enactment
				of the Census Oversight Efficiency and Management Reform Act of 2010, the
				Director shall establish a technology advisory committee under subparagraph
				(A).
									(ii)MembershipMembers
				of the technology advisory committee shall be selected from the public,
				private, and academic sectors from among those who have experience in
				technologies and services relevant to the planning and execution of the
				census.
									(iii)DutiesThe
				technology advisory committee shall make recommendations to the Director and
				publish reports on the use of commercially available technologies and services
				to improve efficiencies and manage costs in the implementation of the census
				and census-related activities, including pilot projects.
									(7)RegulationsThe
				Director may, in consultation with the Secretary, prescribe such rules and
				regulations as the Director considers necessary or appropriate to carry out the
				functions of the Director.
							(8)Delegations,
				etcThe Director may assign duties, and delegate, or authorize
				successive redelegations of, authority to act and to render decisions, to such
				officers and employees of the Bureau as the Director may find necessary. Within
				the limitations of such assignments, delegations, or redelegations, all
				official acts and decisions of such officers and employees shall have the same
				force and effect as though performed or rendered by the Director. An
				assignment, delegation, or redelegation under this paragraph may not take
				effect before the date on which notice of such assignment, delegation, or
				redelegation (as the case may be) is published in the Federal Register.
							(9)Other authorities
								(A)PersonnelSubject to sections 23 and 24, but
				notwithstanding any other provision of law, the Director, in carrying out the
				functions of the Director or the Bureau, may use the services of officers and
				other personnel in other Federal agencies, including personnel of the Armed
				Forces, with the consent of the head of the agency concerned.
								(B)Voluntary servicesNotwithstanding section 1342 of title 31,
				or any other provision of law, the Director may accept and use voluntary and
				uncompensated services.
								(c)Deputy Director
							(1)In generalThere shall be in the Bureau a Deputy
				Director of the Census, who shall be appointed by and serve at the pleasure of
				the Director. The position of Deputy Director shall be a career reserved
				position within the meaning of section 3132(a)(8) of title 5.
							(2)FunctionsThe Deputy Director shall perform such
				functions as the Director shall designate.
							(3)Temporary authority to perform functions of
				DirectorThe provisions of
				sections 3345 through 3349d of title 5 shall apply with respect to the office
				of Director. The first assistant to the office of Director is the Deputy
				Director for purposes of applying such
				provisions.
							.
			(b)Transition rules
				(1)Appointment of initial
			 DirectorThe initial Director
			 of the Bureau of the Census shall be appointed in accordance with the
			 provisions of section 21(b) of title 13, United States Code, as amended by
			 subsection (a).
				(2)Interim role of current Director of the
			 Census after date of enactmentIf, as of January 1, 2012, the initial
			 Director of the Bureau of the Census has not taken office, the officer serving
			 on December 31, 2011, as Director of the Census (or Acting Director of the
			 Census, if applicable) in the Department of Commerce—
					(A)shall serve as the Director of the Bureau
			 of the Census;
					(B)shall assume the powers and duties of such
			 Director, until the initial Director has taken office; and
					(C)shall report directly to the Secretary of
			 Commerce.
					(c)Clerical amendmentThe item relating to section 21 in the
			 table of sections for chapter 1 of title 13, United States Code, is amended to
			 read as follows:

						21. Director of the Census;
				Deputy Director of the Census; authority and
				duties.

					.
			(d)Technical and conforming
			 amendmentsNot later than
			 January 1, 2011, the Secretary of Commerce, in consultation with the Director
			 of the Census, shall submit to each House of the Congress draft legislation
			 containing any technical and conforming amendments to title 13, United States
			 Code, and any other provisions which may be necessary to carry out the purposes
			 of this Act.
			3.Internet response optionNot later than 180 days after the date of
			 the enactment of this Act, the Director of the Census, shall provide a plan to
			 Congress on how the Bureau of the Census will test, develop, and implement an
			 Internet response option for the 2020 Census and the American Community Survey.
			 The plan shall include a description of how and when feasibility will be
			 tested, the stakeholders to be consulted, when and what data will be collected,
			 and how data will be protected.
		4.Annual reports
			(a)In generalSubchapter I of chapter 1 of title 13,
			 United States Code, is amended by adding at the end the following new
			 section:

					17.Annual reports
						(a)Not later than the date of the submission
				of the President's budget request for a fiscal year under section 1105 of title
				31, the Director of the Census shall submit to the appropriate congressional
				committees a comprehensive status report on the next decennial census,
				beginning with the 2020 decennial census. Each report shall include the
				following information:
							(1)A description of the Bureau’s performance
				goals for each significant decennial operation, including the performance
				measures for each operation.
							(2)An assessment of the risks associated with
				each significant decennial operation, including the interrelationships between
				the operations and a description of relevant mitigation plans.
							(3)Detailed milestone estimates for each
				significant decennial operation, including estimated testing dates, and
				justification for any changes to milestone estimates.
							(4)Updated cost estimates for the life cycle
				of the decennial census, including sensitivity analysis and an explanation of
				significant changes in the assumptions on which such cost estimates are
				based.
							(5)A detailed description of all contracts
				over $50,000,000 entered into for each significant decennial operation,
				including—
								(A)any changes made to the contracts from the
				previous fiscal year;
								(B)justification for the changes; and
								(C)actions planned or taken to control growth
				in such contract costs.
								(b)For purposes of this section, the term
				significant decennial operation includes any program or
				information technology related to—
							(1)the development of an accurate address
				list;
							(2)data collection, processing, and
				dissemination;
							(3)recruiting and hiring of temporary
				employees;
							(4)marketing, communications, and
				partnerships; and
							(5)coverage
				measurement.
							.
			(b)Clerical amendmentThe table of sections for chapter 1 of
			 title 13, United States Code, is amended by inserting after the item relating
			 to section 16 the following new item:

						17. Annual
				reports.

					.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to budget requests for fiscal years beginning after
			 September 30, 2010.

			Passed the Senate
			 December 8, 2010.

			Secretary


116 SRES 15 ATS: Commending the Clemson University Tigers football team for winning the 2019 College Football Playoff National Championship.
U.S. Senate

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

		III
		116th CONGRESS
		1st Session
		S. RES. 15
		IN THE SENATE OF THE UNITED STATES

			January 10, 2019
			Mr. Graham (for himself and Mr. Scott of South Carolina) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Commending the Clemson University Tigers football team for winning the 2019 College Football
			 Playoff National Championship.

 Whereas, on Monday, January 7, 2019, the Clemson University Tigers football team won the 2019 College Football Playoff National Championship (in this preamble referred to as the championship game) by defeating the University of Alabama by a score of 44 to 16 at Levi’s Stadium in Santa Clara, California;
 Whereas the Tigers finished the championship game with 482 yards of total offense on 63 plays; Whereas the victory by the Tigers in the championship game—
 (1)made Clemson the first Football Bowl Subdivision (FBS)-level team to finish a season 15–0 since the University of Pennsylvania in 1897; and
 (2)marked the second time in 3 years that Clemson won a National Championship game;
 Whereas the head coach of Clemson, Dabo Swinney, has been an outstanding role model to the Clemson players and the Clemson community;
 Whereas Trevor Lawrence, the first true freshman starter to win a national title since 1985, gave an outstanding performance by throwing for 347 yards and 3 touchdowns;
 Whereas Travis Etienne had 14 carries for 86 yards including 2 rushing touchdowns and a passing touchdown;
 Whereas the Clemson University football team displayed outstanding dedication, teamwork, and sportsmanship throughout the 2018 collegiate football season in achieving the highest honor in college football; and
 Whereas the Tigers have brought pride and honor to the State of South Carolina: Now, therefore, be it

 That the Senate— (1)commends the Clemson University Tigers for winning the 2019 College Football Playoff National Championship;
 (2)recognizes the on-field and off-field achievements of the players, coaches, and staff of the Clemson football team; and
 (3)respectfully requests that the Secretary of the Senate transmit an enrolled copy of this resolution to—
 (A)the President of Clemson University, James P. Clements; and (B)the head coach of the Clemson University football team, Dabo Swinney.


115 HR 720 : Lawsuit Abuse Reduction Act of 2017
U.S. House of Representatives
2017-03-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		115th CONGRESS1st Session
		H. R. 720
		IN THE SENATE OF THE UNITED STATES
		March 13, 2017 Received; read twice and referred to the Committee on the JudiciaryAN ACT
		To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Lawsuit Abuse Reduction Act of 2017. 2.Attorney accountability (a)Sanctions under rule 11Rule 11(c) of the Federal Rules of Civil Procedure is amended—
 (1)in paragraph (1), by striking may and inserting shall; (2)in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5.; and
 (3)in paragraph (4), by striking situated and all that follows through the end of the paragraph and inserting situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a non-monetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court..
 (b)Rule of constructionNothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.

	Passed the House of Representatives March 10, 2017.Karen L. Haas,Clerk


		II
		111th CONGRESS
		1st Session
		S. 887
		IN THE SENATE OF THE UNITED STATES

			April 23, 2009
			Mr. Durbin (for himself
			 and Mr. Grassley) introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the Immigration and Nationality Act to reform
		  and reduce fraud and abuse in certain visa programs for aliens working
		  temporarily in the United States, and for other purposes.

		1.Short
			 title
			(a)Short
			 titleThis Act may be cited as the H–1B and L–1 Visa Reform Act of
			 2009.
			(b)Table of
			 ContentsThe table of contents for this Act is as follows:

					Sec. 1. Short
				title.
					TITLE I—H–1B visa fraud and abuse protections
					Subtitle A—H–1B employer application requirements
					Sec. 101. Modification of application requirements.
					Sec. 102. New application requirements.
					Sec. 103. Application review requirements.
					Subtitle B—Investigation and disposition of complaints against
				H–1B employers
					Sec. 111. General modification of procedures for investigation
				and disposition.
					Sec. 112. Investigation, working conditions, and
				penalties.
					Sec. 113. Waiver requirements.
					Sec. 114. Initiation of investigations.
					Sec. 115. Information sharing.
					Sec. 116. Conforming amendment.
					Subtitle C—Other protections
					Sec. 121. Posting available positions through the Department of
				Labor.
					Sec. 122. H–1B government authority and
				requirements.
					Sec. 123. Requirements for information for H–1B and L–1
				nonimmigrants.
					Sec. 124. Additional Department of Labor employees.
					Sec. 125. Technical correction.
					Sec. 126. Application.
					TITLE II—L–1 visa fraud and abuse protections
					Sec. 201. Prohibition on outplacement of L–1
				nonimmigrants.
					Sec. 202. L–1 employer petition requirements for employment at
				new offices.
					Sec. 203. Cooperation with Secretary of State.
					Sec. 204. Investigation and disposition of complaints against
				L–1 employers.
					Sec. 205. Wage rate and working conditions for L–1
				nonimmigrant.
					Sec. 206. Penalties.
					Sec. 207. Prohibition on retaliation against L–1
				nonimmigrants.
					Sec. 208. Reports on L–1 nonimmigrants.
					Sec. 209. Technical amendments.
					Sec. 210. Application.
					Sec. 211. Report on L–1 blanket petition process.

			IH–1B
			 visa fraud and abuse protections
			AH–1B employer
			 application requirements
				101.Modification
			 of application requirements
					(a)General
			 application requirementsSubparagraph (A) of section 212(n)(1) of
			 the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended to read as
			 follows:

							(A)The employer—
								(i)is offering and will offer to H–1B
				nonimmigrants, during the period of authorized employment for each H–1B
				nonimmigrant, wages that are determined based on the best information available
				at the time the application is filed and which are not less than the highest
				of—
									(I)the locally determined prevailing wage
				level for the occupational classification in the area of employment;
									(II)the median average wage for all workers
				in the occupational classification in the area of employment; and
									(III)the median wage for skill level 2 in
				the occupational classification found in the most recent Occupational
				Employment Statistics survey; and
									(ii)will provide working conditions
				for such H–1B nonimmigrant that will not adversely affect the working
				conditions of other workers similarly
				employed.
								.

					(b)Internet
			 posting requirementSubparagraph (C) of such section 212(n)(1) is
			 amended—
						(1)by redesignating
			 clause (ii) as subclause (II);
						(2)by striking
			 (i) has provided and inserting the following:

								(ii)(I)has
				provided
									;
				and
						(3)by inserting
			 before clause (ii), as redesignated by paragraph (2) of this subsection, the
			 following:

								(i)has posted on the Internet website
				described in paragraph (3), for at least 30 calendar days, a detailed
				description of each position for which a nonimmigrant is sought that includes a
				description of—
									(I)the wages and other terms and conditions
				of employment;
									(II)the minimum education, training,
				experience, and other requirements for the position; and
									(III)the process for applying for the
				position;
				and
									.
						(c)Wage
			 determination informationSubparagraph (D) of such section
			 212(n)(1) is amended by inserting the wage determination methodology
			 used under subparagraph (A)(i), after shall
			 contain.
					(d)Application of
			 requirements to all employers
						(1)NondisplacementSubparagraph
			 (E) of such section 212(n)(1) is amended—
							(A)in clause
			 (i)—
								(i)by
			 striking 90 days both places it appears and inserting 180
			 days; and
								(ii)by
			 striking (i) In the case of an application described in clause (ii),
			 the and inserting The; and
								(B)by striking
			 clause (ii).
							(2)RecruitmentSubparagraph
			 (G)(i) of such section 212(n)(1) is amended by striking In the case of
			 an application described in subparagraph (E)(ii), subject and inserting
			 Subject.
						(e)Requirement for
			 waiverSubparagraph (F) of such section 212(n)(1) is amended to
			 read as follows:

							(F)The employer shall not place,
				outsource, lease, or otherwise contract for the services or placement of H–1B
				nonimmigrants with another employer unless the employer of the alien has been
				granted a waiver under paragraph
				(2)(E).
							.
					102.New
			 application requirementsSection 212(n)(1) of the Immigration and
			 Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after clause (ii)
			 of subparagraph (G) the following:

						(H)(i)The employer has not
				advertised any available position specified in the application in an
				advertisement that states or indicates that—
								(I)such position is only available to
				an individual who is or will be an H–1B nonimmigrant; or
								(II)an individual who is or will be an
				H–1B nonimmigrant shall receive priority or a preference in the hiring process
				for such position.
								(ii)The employer has not solely recruited
				individuals who are or who will be H–1B nonimmigrants to fill such
				position.
							(I)If the employer employs 50 or more
				employees in the United States, the sum of the number of such employees who are
				H–1B nonimmigrants plus the number of such employees who are nonimmigrants
				described in section 101(a)(15)(L) may not exceed 50 percent of the total
				number of employees.
						(J)If
				the employer, in such previous period as the Secretary shall specify, employed
				1 or more H–1B nonimmigrants, the employer shall submit to the Secretary the
				Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer
				with respect to the H–1B nonimmigrants for such
				period.
						.
				103.Application
			 review requirements
					(a)Technical
			 amendmentSection 212(n)(1) of the Immigration and Nationality
			 Act (8 U.S.C. 1182(n)(1)), as amended by section 102, is further amended in the
			 undesignated paragraph at the end, by striking The employer and
			 inserting the following:

							(K)The
				employer.
							.
					(b)Application
			 review requirementsSubparagraph (K) of such section 212(n)(1),
			 as designated by subsection (a), is amended—
						(1)by inserting
			 and through the Department of Labor’s website, without charge.
			 after D.C.;
						(2)by striking
			 only for completeness and inserting for completeness and
			 clear indicators of fraud or misrepresentation of material
			 fact,;
						(3)by striking
			 or obviously inaccurate and inserting , presents clear
			 indicators of fraud or misrepresentation of material fact, or is obviously
			 inaccurate;
						(4)by striking
			 within 7 days of and inserting not later than 14 days
			 after; and
						(5)by adding at the
			 end the following: If the Secretary’s review of an application
			 identifies clear indicators of fraud or misrepresentation of material fact, the
			 Secretary may conduct an investigation and hearing in accordance with paragraph
			 (2)..
						BInvestigation and
			 disposition of complaints against H–1B employers
				111.General
			 modification of procedures for investigation and dispositionSubparagraph (A) of section 212(n)(2) of the
			 Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended—
					(1)by striking
			 (A) Subject and inserting (A)(i) Subject;
					(2)by striking
			 12 months and inserting 24 months;
					(3)by striking the
			 last sentence; and
					(4)by adding at the
			 end the following:

							(ii)(I)Upon the receipt of
				such a complaint, the Secretary may initiate an investigation to determine if
				such a failure or misrepresentation has occurred.
								(II)The Secretary may conduct surveys
				of the degree to which employers comply with the requirements of this
				subsection and may conduct annual compliance audits of employers that employ
				H–1B nonimmigrants.
								(III)The Secretary shall—
									(aa)conduct annual compliance audits of not
				less than 1 percent of the employers that employ H–1B nonimmigrants during the
				applicable calendar year;
									(bb)conduct annual compliance audits of each
				employer with more than 100 employees who work in the United States if more
				than 15 percent of such employees are H–1B nonimmigrants; and
									(cc)make available to the public an
				executive summary or report describing the general findings of the audits
				carried out pursuant to this
				subclause.
									.
					112.Investigation,
			 working conditions, and penaltiesSubparagraph (C) of section 212(n)(2) of the
			 Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended—
					(1)in clause
			 (i)—
						(A)in the matter
			 preceding subclause (I)—
							(i)by
			 striking a condition of paragraph (1)(B), (1)(E), or (1)(F) and
			 inserting a condition under subparagraph (A), (B), (C)(i), (E), (F),
			 (G)(i)(I), (H), (I), or (J) of paragraph (1); and
							(ii)by striking
			 (1)(C) and inserting (1)(C)(ii); and
							(B)in subclause
			 (I)—
							(i)by
			 striking $1,000 and inserting $2,000; and
							(ii)by
			 striking and at the end;
							(C)in subclause
			 (II), by striking the period at the end and inserting a semicolon and
			 and;
						(D)by adding at the
			 end the following:

								(III)an employer that violates such
				subparagraph (A) shall be liable to the employees harmed by such violations for
				lost wages and benefits.
								;
				and
						(2)in clause
			 (ii)
						(A)in subclause
			 (I)—
							(i)by
			 striking may and inserting shall; and
							(ii)by
			 striking $5,000 and inserting $10,000; and
							(B)in subclause
			 (II), by striking the period at the end and inserting a semicolon and
			 and;
						(C)by adding at the
			 end the following:

								(III)an employer that violates such
				subparagraph (A) shall be liable to the employees harmed by such violations for
				lost wages and benefits.
								;
				and
						(3)in clause
			 (iii)—
						(A)in the matter
			 preceding subclause (I), by striking 90 days both places it
			 appears and inserting 180 days;
						(B)in subclause
			 (I)—
							(i)by
			 striking may and inserting shall; and
							(ii)by
			 striking and at the end;
							(C)in subclause
			 (II), by striking the period at the end and inserting a semicolon and
			 and; and
						(D)by adding at the
			 end the following:

								(III)an employer that violates
				subparagraph (A) of such paragraph shall be liable to the employees harmed by
				such violations for lost wages and
				benefits.
								;
						(4)in clause
			 (iv)—
						(A)by inserting
			 to take, fail to take, or threaten to take or fail to take, a personnel
			 action, or before to intimidate;
						(B)by inserting
			 (I) after (iv); and
						(C)by adding at the
			 end the following:

								(II)An employer that violates this clause
				shall be liable to the employees harmed by such violation for lost wages and
				benefits.
								;
				and
						(5)in clause
			 (vi)—
						(A)by amending
			 subclause (I) to read as follows:

								(I)It is a violation of this clause for
				an employer who has filed an application under this subsection—
									(aa)to require an H–1B nonimmigrant to
				pay a penalty for ceasing employment with the employer prior to a date agreed
				to by the nonimmigrant and the employer (the Secretary shall determine whether
				a required payment is a penalty, and not liquidated damages, pursuant to
				relevant State law); and
									(bb)to fail to offer to an H–1B
				nonimmigrant, during the nonimmigrant's period of authorized employment, on the
				same basis, and in accordance with the same criteria, as the employer offers to
				United States workers, benefits and eligibility for benefits, including—
										(AA)the opportunity to participate in
				health, life, disability, and other insurance plans;
										(BB)the opportunity to participate in
				retirement and savings plans; and
										(CC)cash bonuses and noncash compensation,
				such as stock options (whether or not based on
				performance).
										;
				and
						(B)in subclause
			 (III), by striking $1,000 and inserting
			 $2,000.
						113.Waiver
			 requirements
					(a)In
			 generalSubparagraph (E) of
			 section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2))
			 is amended to read as follows:

							(E)(i)The Secretary of Labor
				may waive the prohibition in paragraph (1)(F) if the Secretary determines that
				the employer seeking the waiver has established that—
									(I)the employer with whom the H–1B
				nonimmigrant would be placed has not displaced, and does not intend to
				displace, a United States worker employed by the employer within the period
				beginning 180 days before and ending 180 days after the date of the placement
				of the nonimmigrant with the employer;
									(II)the H–1B nonimmigrant will not be
				controlled and supervised principally by the employer with whom the H–1B
				nonimmigrant would be placed; and
									(III)the placement of the H–1B
				nonimmigrant is not essentially an arrangement to provide labor for hire for
				the employer with whom the H–1B nonimmigrant will be placed.
									(ii)The Secretary shall grant or deny a
				waiver under this subparagraph not later than 7 days after the Secretary
				receives the application for such
				waiver.
								.
					(b)Requirement for
			 rules
						(1)Rules for
			 waiversThe Secretary of Labor shall promulgate rules, after
			 notice and a period for comment, for an employer to apply for a waiver under
			 subparagraph (E) of section 212(n)(2) of such Act, as amended by subsection
			 (a).
						(2)Requirement for
			 publicationThe Secretary of Labor shall submit to Congress and
			 publish in the Federal Register and other appropriate media a notice of the
			 date that rules required by paragraph (1) are published.
						114.Initiation of
			 investigationsSubparagraph
			 (G) of section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
			 1182(n)(2)) is amended—
					(1)in clause (i), by
			 striking if the Secretary and all that follows and inserting
			 with regard to the employer's compliance with the requirements of this
			 subsection.;
					(2)in clause (ii),
			 by striking and whose identity and all that follows through
			 failure or failures. and inserting the Secretary of Labor
			 may conduct an investigation into the employer's compliance with the
			 requirements of this subsection.;
					(3)in clause (iii),
			 by striking the last sentence;
					(4)by striking
			 clauses (iv) and (v);
					(5)by redesignating
			 clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi),
			 respectively;
					(6)in clause (iv),
			 as so redesignated, by striking meet a condition described in clause
			 (ii), unless the Secretary of Labor receives the information not later than 12
			 months and inserting comply with the requirements under this
			 subsection, unless the Secretary of Labor receives the information not later
			 than 24 months;
					(7)by amending
			 clause (v), as so redesignated, to read as follows:

							(v)The Secretary of Labor shall provide
				notice to an employer of the intent to conduct an investigation. The notice
				shall be provided in such a manner, and shall contain sufficient detail, to
				permit the employer to respond to the allegations before an investigation is
				commenced. The Secretary is not required to comply with this clause if the
				Secretary determines that such compliance would interfere with an effort by the
				Secretary to investigate or secure compliance by the employer with the
				requirements of this subsection. A determination by the Secretary under this
				clause shall not be subject to judicial
				review.
							;
					(8)in clause (vi),
			 as so redesignated, by striking An investigation and all that
			 follows through the determination. and inserting If the
			 Secretary of Labor, after an investigation under clause (i) or (ii), determines
			 that a reasonable basis exists to make a finding that the employer has failed
			 to comply with the requirements under this subsection, the Secretary shall
			 provide interested parties with notice of such determination and an opportunity
			 for a hearing in accordance with section 556 of title 5, United States Code,
			 not later than 120 days after the date of such determination.;
			 and
					(9)by adding at the
			 end the following:

							(vii)If the Secretary of Labor, after a
				hearing, finds a reasonable basis to believe that the employer has violated the
				requirements under this subsection, the Secretary shall impose a penalty under
				subparagraph
				(C).
							.
					115.Information
			 sharingSubparagraph (H) of
			 section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2))
			 is amended to read as follows:

						(H)The Director of United States Citizenship
				and Immigration Services shall provide the Secretary of Labor with any
				information contained in the materials submitted by employers of H–1B
				nonimmigrants as part of the adjudication process that indicates that the
				employer is not complying with visa program requirements for H–1B
				nonimmigrants. The Secretary may initiate and conduct an investigation and
				hearing under this paragraph after receiving information of noncompliance under
				this
				subparagraph.
						.
				116.Conforming
			 amendmentSubparagraph (F) of
			 section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182) is
			 amended by striking The preceding sentence shall apply to an employer
			 regardless of whether or not the employer is an H–1B-dependent
			 employer..
				COther
			 protections
				121.Posting
			 available positions through the Department of Labor
					(a)Department of
			 Labor websiteParagraph (3) of section 212(n) of the Immigration
			 and Nationality Act (8 U.S.C. 1182(n)) is amended to read as follows:

							(3)(A)Not later than 90 days
				after the date of the enactment of the H–1B
				and L–1 Visa Reform Act of 2009, the Secretary of Labor shall
				establish a searchable Internet website for posting positions as required by
				paragraph (1)(C). Such website shall be available to the public without
				charge.
								(B)The Secretary may work with private
				companies or nonprofit organizations to develop and operate the Internet
				website described in subparagraph (A).
								(C)The Secretary may promulgate rules,
				after notice and a period for comment, to carry out the requirements of this
				paragraph.
								.
					(b)Requirement for
			 publicationThe Secretary of Labor shall submit to Congress and
			 publish in the Federal Register and other appropriate media a notice of the
			 date that the Internet website required by paragraph (3) of section 212(n) of
			 such Act, as amended by subsection (a), will be operational.
					(c)ApplicationThe
			 amendments made by subsection (a) shall apply to an application filed on or
			 after the date that is 30 days after the date described in subsection
			 (b).
					122.H–1B
			 government authority and requirements
					(a)Immigration
			 documentsSection 204 of the Immigration and Nationality Act (8
			 U.S.C. 1154) is amended by adding at the end the following:

							(l)Employer To
				provide immigration paperwork exchanged with Federal agenciesNot
				later than 21 business days after receiving a written request from a former,
				current, or future employee or beneficiary, an employer shall provide such
				employee or beneficiary with the original (or a certified copy of the original)
				of all petitions, notices, and other written communication exchanged between
				the employer and the Department of Labor, the Department of Homeland Security,
				or any other Federal agency or department that is related to an immigrant or
				nonimmigrant petition filed by the employer for such employee or
				beneficiary.
							.

					(b)Report on job
			 classification and wage determinationsNot later than 1 year
			 after the date of the enactment of this Act, the Comptroller General of the
			 United States shall prepare a report analyzing the accuracy and effectiveness
			 of the Secretary of Labor’s current job classification and wage determination
			 system. The report shall—
						(1)specifically
			 address whether the systems in place accurately reflect the complexity of
			 current job types as well as geographic wage differences; and
						(2)make
			 recommendations concerning necessary updates and modifications.
						123.Requirements
			 for information for H–1B and L–1 nonimmigrantsSection 214 of the Immigration and
			 Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
			 following:

						(s)Requirements
				for information for H–1B and L–1 nonimmigrants
							(1)In
				generalUpon issuing a visa to an applicant for nonimmigrant
				status pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) who is
				outside the United States, the issuing office shall provide the applicant
				with—
								(A)a brochure
				outlining the obligations of the applicant’s employer and the rights of the
				applicant with regard to employment under Federal law, including labor and wage
				protections;
								(B)the contact
				information for appropriate Federal agencies or departments that offer
				additional information or assistance in clarifying such obligations and rights;
				and
								(C)a copy of the
				application submitted for the nonimmigrant under section 212(n) or the petition
				submitted for the nonimmigrant under subsection (c)(2)(A), as
				appropriate.
								(2)Upon the issuance of a visa to an
				applicant referred to in paragraph (1) who is inside the United States, the
				issuing officer of the Department of Homeland Security shall provide the
				applicant with the material described in clauses (i), (ii), and (iii) of
				subparagraph
				(A).
							.
				124.Additional
			 Department of Labor employees
					(a)In
			 generalThe Secretary of Labor is authorized to hire 200
			 additional employees to administer, oversee, investigate, and enforce programs
			 involving nonimmigrant employees described in section
			 101(a)(15)(H)(i)(B).
					(b)Authorization
			 of appropriationsThere are authorized to be appropriated such
			 sums as may be necessary to carry out this section.
					125.Technical
			 correctionSection 212 of the
			 Immigration and Nationality Act is amended by redesignating the second
			 subsection (t), as added by section 1(b)(2)(B) of the Act entitled An
			 Act to amend and extend the Irish Peace Process Cultural and Training Program
			 Act of 1998 (Public Law 108–449 (118 Stat. 3470)), as subsection
			 (u).
				126.ApplicationExcept as specifically otherwise provided,
			 the amendments made by this title shall apply to applications filed on or after
			 the date of the enactment of this Act.
				IIL–1
			 visa fraud and abuse protections
			201.Prohibition on
			 outplacement of L–1 nonimmigrants
				(a)In
			 generalSubparagraph (F) of section 214(c)(2) of the Immigration
			 and Nationality Act (8 U.S.C. 1184(c)(2)) is amended to read as follows:

						(F)(i)Unless an employer
				receives a waiver under clause (ii), an employer may not employ an alien, for a
				cumulative period of more than 1 year, who—
								(I)will serve in a capacity involving
				specialized knowledge with respect to an employer for purposes of section
				101(a)(15)(L); and
								(II)will be stationed primarily at the
				worksite of an employer other than the petitioning employer or its affiliate,
				subsidiary, or parent, including pursuant to an outsourcing, leasing, or other
				contracting agreement.

						(ii)The Secretary of Homeland Security
				may grant a waiver of the requirements of clause (i) for an employer if the
				Secretary determines that the employer has established that—
							(I)the employer with whom the alien
				referred to in clause (i) would be placed has not displaced and does not intend
				to displace a United States worker employed by the employer within the period
				beginning 180 days after the date of the placement of such alien with the
				employer;
							(II)such alien will not be controlled and
				supervised principally by the employer with whom the nonimmigrant would be
				placed; and
							(III)the placement of the nonimmigrant is
				not essentially an arrangement to provide labor for hire for an unaffiliated
				employer with whom the nonimmigrant will be placed, rather than a placement in
				connection with the provision or a product or service for which specialized
				knowledge specific to the petitioning employer is necessary.
							(iii)The Secretary shall grant or deny a
				waiver under clause (ii) not later than 7 days after the date that the
				Secretary receives the application for the
				waiver.
						.
				(b)RegulationsThe
			 Secretary of Homeland Security shall promulgate rules, after notice and a
			 period for comment, for an employer to apply for a waiver under subparagraph
			 (F)(ii) of section 214(c)(2), as added by subsection (a).
				202.L–1 employer
			 petition requirements for employment at new officesSection 214(c)(2) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the
			 following:

					(G)(i)If the beneficiary of a
				petition under this paragraph is coming to the United States to open, or be
				employed in, a new office, the petition may be approved for up to 12 months
				only if—
							(I)the alien has not been the beneficiary
				of 2 or more petitions under this subparagraph during the immediately preceding
				2 years; and
							(II)the employer operating the new office
				has—
								(aa)an adequate business plan;
								(bb)sufficient physical premises to
				carry out the proposed business activities; and
								(cc)the financial ability to commence
				doing business immediately upon the approval of the petition.
								(ii)An extension of the approval period
				under clause (i) may not be granted until the importing employer submits an
				application to the Secretary of Homeland Security that contains—
							(I)evidence that the importing employer
				meets the requirements of this subsection;
							(II)evidence that the beneficiary of the
				petition is eligible for nonimmigrant status under section
				101(a)(15)(L);
							(III)a statement summarizing the original
				petition;
							(IV)evidence that the importing employer
				has fully complied with the business plan submitted under clause (i)(I);
							(V)evidence of the truthfulness of any
				representations made in connection with the filing of the original
				petition;
							(VI)evidence that the importing employer,
				for the entire period beginning on the date on which the petition was approved
				under clause (i), has been doing business at the new office through regular,
				systematic, and continuous provision of goods and services;
							(VII)a statement of the duties the
				beneficiary has performed at the new office during the approval period under
				clause (i) and the duties the beneficiary will perform at the new office during
				the extension period granted under this clause;
							(VIII)a statement describing the staffing
				at the new office, including the number of employees and the types of positions
				held by such employees;
							(IX)evidence of wages paid to
				employees;
							(X)evidence of the financial status of
				the new office; and
							(XI)any other evidence or data prescribed
				by the Secretary.
							(iii)A new office employing the
				beneficiary of an L–1 petition approved under this paragraph shall do business
				only through regular, systematic, and continuous provision of goods and
				services for the entire period for which the petition is sought.
						(iv)Notwithstanding clause (ii), and
				subject to the maximum period of authorized admission set forth in subparagraph
				(D), the Secretary of Homeland Security, in the Secretary’s discretion, may
				approve a subsequently filed petition on behalf of the beneficiary to continue
				employment at the office described in this subparagraph for a period beyond the
				initially granted 12-month period if the importing employer has been doing
				business at the new office through regular, systematic, and continuous
				provision of goods and services for the 6 months immediately preceding the date
				of extension petition filing and demonstrates that the failure to satisfy any
				of the requirements described in those subclauses was directly caused by
				extraordinary circumstances, as determined by the Secretary in the Secretary’s
				discretion.
						.
			203.Cooperation
			 with Secretary of StateSection 214(c)(2) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(c)(2)), as amended by section 202, is further
			 amended by adding at the end the following:

					(H)For purposes of approving petitions
				under this paragraph, the Secretary of Homeland Security shall work
				cooperatively with the Secretary of State to verify the existence or continued
				existence of a company or office in the United States or in a foreign
				country.
					.
			204.Investigation
			 and disposition of complaints against L–1 employersSection 214(c)(2) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 202 and 203, is
			 further amended by adding at the end the following:

					(I)(i)The Secretary of
				Homeland Security may initiate an investigation of any employer that employs
				nonimmigrants described in section 101(a)(15)(L) with regard to the employer's
				compliance with the requirements of this subsection.
						(ii)If the Secretary receives specific
				credible information from a source who is likely to have knowledge of an
				employer's practices, employment conditions, or compliance with the
				requirements under this subsection, the Secretary may conduct an investigation
				into the employer's compliance with the requirements of this subsection. The
				Secretary may withhold the identity of the source from the employer, and the
				source's identity shall not be subject to disclosure under section 552 of title
				5, United States Code.
						(iii)The Secretary shall establish a
				procedure for any person desiring to provide to the Secretary information
				described in clause (ii) that may be used, in whole or in part, as the basis
				for the commencement of an investigation described in such clause, to provide
				the information in writing on a form developed and provided by the Secretary
				and completed by or on behalf of the person.
						(iv)No investigation described in clause
				(ii) (or hearing described in clause (vi) based on such investigation) may be
				conducted with respect to information about a failure to comply with the
				requirements under this subsection, unless the Secretary receives the
				information not later than 24 months after the date of the alleged
				failure.
						(v)Before commencing an investigation of
				an employer under clause (i) or (ii), the Secretary shall provide notice to the
				employer of the intent to conduct such investigation. The notice shall be
				provided in such a manner, and shall contain sufficient detail, to permit the
				employer to respond to the allegations before an investigation is commenced.
				The Secretary is not required to comply with this clause if the Secretary
				determines that to do so would interfere with an effort by the Secretary to
				investigate or secure compliance by the employer with the requirements of this
				subsection. There shall be no judicial review of a determination by the
				Secretary under this clause.
						(vi)If the Secretary, after an
				investigation under clause (i) or (ii), determines that a reasonable basis
				exists to make a finding that the employer has failed to comply with the
				requirements under this subsection, the Secretary shall provide the interested
				parties with notice of such determination and an opportunity for a hearing in
				accordance with section 556 of title 5, United States Code, not later than 120
				days after the date of such determination. If such a hearing is requested, the
				Secretary shall make a finding concerning the matter by not later than 120 days
				after the date of the hearing.
						(vii)If the Secretary, after a hearing,
				finds a reasonable basis to believe that the employer has violated the
				requirements under this subsection, the Secretary shall impose a penalty under
				subparagraph (L).
						(viii)(I)The Secretary may
				conduct surveys of the degree to which employers comply with the requirements
				under this section.
							(II)The Secretary shall—
								(aa)conduct annual compliance audits of
				not less than 1 percent of the employers that employ nonimmigrants described in
				section 101(a)(15)(L) during the applicable fiscal year;
								(bb)conduct annual compliance audits of
				each employer with more than 100 employees who work in the United States if
				more than 15 percent of such employees are nonimmigrants described in
				101(a)(15)(L); and
								(cc)make available to the public an
				executive summary or report describing the general findings of the audits
				carried out pursuant to this
				subclause.
								.
			205.Wage rate and
			 working conditions for L–1 nonimmigrant
				(a)In
			 generalSection 214(c)(2) of the Immigration and Nationality Act
			 (8 U.S.C. 1184(c)(2)), as amended by section 202, 203, and 204, is further
			 amended by adding at the end the following:

						(J)(i)An employer that
				employs a nonimmigrant described in section 101(a)(15)(L) for a cumulative
				period of time in excess of 1 year shall—
								(I)offer such nonimmigrant, during the
				period of authorized employment, wages, based on the best information available
				at the time the application is filed, which are not less than the highest
				of—
									(aa)the locally determined prevailing
				wage level for the occupational classification in the area of
				employment;
									(bb)the median average wage for all
				workers in the occupational classification in the area of employment;
				and
									(cc)the median wage for skill level 2
				in the occupational classification found in the most recent Occupational
				Employment Statistics survey; and
									(II)provide working conditions for such
				nonimmigrant that will not adversely affect the working conditions of workers
				similarly employed.
								(ii)If an employer, in such previous
				period specified by the Secretary of Homeland Security, employed 1 or more such
				nonimmigrants, the employer shall provide to the Secretary of Homeland Security
				the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the
				employer with respect to such nonimmigrants for such period.
							(iii)It is a failure to meet a condition
				under this subparagraph for an employer who has filed a petition to import 1 or
				more aliens as nonimmigrants described in section 101(a)(15)(L)—
								(I)to require such a nonimmigrant to pay
				a penalty for ceasing employment with the employer before a date mutually
				agreed to by the nonimmigrant and the employer; or
								(II)to fail to offer to such a
				nonimmigrant, during the nonimmigrant's period of authorized employment, on the
				same basis, and in accordance with the same criteria, as the employer offers to
				United States workers, benefits and eligibility for benefits, including—
									(aa)the opportunity to participate in
				health, life, disability, and other insurance plans;
									(bb)the opportunity to participate in
				retirement and savings plans; and
									(cc)cash bonuses and noncash
				compensation, such as stock options (whether or not based on
				performance).
									(iv)The Secretary of Homeland Security
				shall determine whether a required payment under clause (iii)(I) is a penalty
				(and not liquidated damages) pursuant to relevant State
				law.
							.
				(b)RegulationsThe
			 Secretary of Homeland Security shall promulgate rules, after notice and a
			 period of comment, to implement the requirements of subparagraph (J) of section
			 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as
			 added by subsection (a). In promulgating these rules, the Secretary shall take
			 into consideration any special circumstances relating to intracompany
			 transfers.
				206.PenaltiesSection 214(c)(2) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 202, 203, 204,
			 and 205, is further amended by adding at the end the following:

					(K)(i)If the Secretary of
				Homeland Security finds, after notice and an opportunity for a hearing, a
				failure by an employer to meet a condition under subparagraph (F), (G), (J), or
				(L) or a misrepresentation of material fact in a petition to employ 1 or more
				aliens as nonimmigrants described in section 101(a)(15)(L)—
							(I)the Secretary shall impose such
				administrative remedies (including civil monetary penalties in an amount not to
				exceed $2,000 per violation) as the Secretary determines to be
				appropriate;
							(II)the Secretary may not, during a
				period of at least 1 year, approve a petition for that employer to employ 1 or
				more aliens as such nonimmigrants; and
							(III)in the case of a violation of
				subparagraph (J) or (L), the employer shall be liable to the employees harmed
				by such violation for lost wages and benefits.
							(ii)If the Secretary finds, after notice
				and an opportunity for a hearing, a willful failure by an employer to meet a
				condition under subparagraph (F), (G), (J). or (L) or a willful
				misrepresentation of material fact in a petition to employ 1 or more aliens as
				nonimmigrants described in section 101(a)(15)(L)—
							(I)the Secretary shall impose such
				administrative remedies (including civil monetary penalties in an amount not to
				exceed $10,000 per violation) as the Secretary determines to be
				appropriate;
							(II)the Secretary may not, during a
				period of at least 2 years, approve a petition filed for that employer to
				employ 1 or more aliens as such nonimmigrants; and
							(III)in the case of a violation of
				subparagraph (J) or (L), the employer shall be liable to the employees harmed
				by such violation for lost wages and
				benefits.
							.
			207.Prohibition on
			 retaliation against L–1 nonimmigrantsSection 214(c)(2) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(c)(2)), as amended by section 202, 203, 204,
			 205, and 206, is further amended by adding at the end the following:

					(L)(i)It is a violation of
				this subparagraph for an employer who has filed a petition to import 1 or more
				aliens as nonimmigrants described in section 101(a)(15)(L) to take, fail to
				take, or threaten to take or fail to take, a personnel action, or to
				intimidate, threaten, restrain, coerce, blacklist, discharge, or discriminate
				in any other manner against an employee because the employee—
							(I)has disclosed information that the
				employee reasonably believes evidences a violation of this subsection, or any
				rule or regulation pertaining to this subsection; or
							(II)cooperates or seeks to cooperate with
				the requirements of this subsection, or any rule or regulation pertaining to
				this subsection.
							(ii)In this subparagraph, the term
				employee includes—
							(I)a current employee;
							(II)a former employee; and
							(III)an applicant for
				employment.
							.
			208.Reports on L–1
			 nonimmigrantsSection
			 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is
			 amended by inserting (L), after (H),.
			209.Technical
			 amendmentsSection 214(c)(2)
			 of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by
			 striking Attorney General each place it appears and inserting
			 Secretary of Homeland Security.
			210.ApplicationThe amendments made by sections 201 through
			 207 shall apply to applications filed on or after the date of the enactment of
			 this Act.
			211.Report on L–1
			 blanket petition process
				(a)Requirement for
			 reportNot later than 6
			 months after the date of the enactment of this Act, the Inspector General of
			 the Department of Homeland Security shall submit to the appropriate committees
			 of Congress a report regarding the use of blanket petitions under section
			 214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(A)).
			 Such report shall assess the efficiency and reliability of the process for
			 reviewing such blanket petitions, including whether the process includes
			 adequate safeguards against fraud and abuse.
				(b)Appropriate
			 committees of CongressIn this section the term appropriate
			 committees of Congress means—
					(1)the
			 Committee on Homeland Security and
			 Governmental Affairs of the Senate;
					(2)the
			 Committee on the Judiciary of the
			 Senate;
					(3)the
			 Committee on Homeland Security of the House of
			 Representatives; and
					(4)the
			 Committee on the Judiciary of the House of
			 Representatives.


110 HRES 869 EH: Providing for consideration of the joint resolution (H.J. Res. 69) making further continuing appropriations for the fiscal year 2008, and for other purposes.
U.S. House of Representatives
2007-12-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 869
In the House of Representatives, U. S.,

December 13, 2007

RESOLUTION
Providing for consideration of the joint resolution (H.J. Res. 69) making further continuing appropriations for the fiscal year 2008, and for other purposes.

That upon the adoption of this resolution it shall be in order to consider in the House the joint resolution (H.J. Res. 69) making further continuing appropriations for the fiscal year 2008, and for other purposes. All points of order against consideration of the joint resolution are waived except those arising under clause 9 or 10 of rule XXI. The joint resolution shall be considered as read. All points of order against provisions of the joint resolution are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations; and (2) one motion to recommit.
2.During consideration of House Joint Resolution 69 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the joint resolution to such time as may be designated by the Speaker.
3.The chairman of the Committee on Appropriations shall insert in the Congressional Record at any time during the remainder of the first session of the 110th Congress such material as he may deem explanatory of appropriations measures for the fiscal year 2008.
4.House Resolution 839 and House Resolution 850 are laid upon the table.

Lorraine C. Miller,Clerk.


116 HR 8067 IH: Addressing COVID-19 Health Disparities Act
U.S. House of Representatives
2020-08-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS2d Session
H. R. 8067
IN THE HOUSE OF REPRESENTATIVES

August 18, 2020
Mr. Beyer (for himself, Ms. Sewell of Alabama, Ms. Roybal-Allard, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To direct the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, to conduct or support research related to the United States health care system’s response to COVID–19, and for other purposes.

1.Short titleThis Act may be cited as the Addressing COVID-19 Health Disparities Act. 2.Research on United States health care system’s response to COVID–19 (a)In generalThe Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall conduct or support research related to the United States health care system’s response to COVID–19, including with respect to—
(1)the expansion and efficacy of telehealth use, including— (A)identifying obstacles to access for veterans, the elderly, and low-income communities;
(B)evaluating and identifying potential gaps or other weaknesses that bear on racial and ethnic disparities in COVID–19 infection rates, severity of symptoms, and outcomes; (C)gaps in compliance with health care privacy and security rules; and
(D)evaluate whether access to, or treatment associated with, telemedicine and care delivered in different settings varied by racial and ethnic group; and (2)conducting and support rapid turnaround research to—
(A)identify health care strategies that help mitigate racial and ethnic disparities in COVID–19 infection rates, severity of symptoms, and outcomes; (B)identify health care-related factors contributing to such disparities racial and ethnic disparities in COVID–19 infection rates, hospitalizations, severity of disease, complications, and outcomes;
(C)provide recommendations on ensuring equity in access to other health care interventions, such as flu and pneumococcal pneumonia vaccination, that may be advanced to mitigate such disparities, going forward; (D)identify deficiencies in the health care system’s supply chain; and
(E)shortfalls in the health care delivery planning, coordination, and capacity, including health care delivery to vulnerable communities. (b)Protocols on COVID–19 disparitiesThe Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall coordinate cross-agency engagement with leaders from racial and ethnic minority groups and other populations disproportionately affected by COVID–19—
(1)to develop protocols that ensure these groups have timely access to safe and effective COVID–19 vaccines; and (2)to provide guidance on a COVID–19 vaccination strategy that takes into account racial and ethnic disparities in COVID–19 infection rates, severity of symptoms, and health outcomes.
(c)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $121,000,000, to remain available until expended.


		II
		110th CONGRESS
		1st Session
		S. 1003
		IN THE SENATE OF THE UNITED
		  STATES

			March 28, 2007
			Ms. Stabenow (for
			 herself and Mr. Specter) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XVIII of the Social Security
		  Act to improve access to emergency medical services and the quality and
		  efficiency of care furnished in emergency departments of hospitals and critical
		  access hospitals by establishing a bipartisan commission to examine factors
		  that affect the effective delivery of such services, by providing for
		  additional payments for certain physician services furnished in such emergency
		  departments, and by establishing a Centers for Medicare & Medicaid Services
		  Working Group, and for other purposes.

		1.Short title; table of contents
			(a)In generalThis Act may be cited as the
			 Access to Emergency Medical Services
			 Act of 2007.
			(b)Table of contentsThe table of contents of this Act is as
			 follows:

					Sec. 1. Short title;
				table of contents.
					TITLE I—Bipartisan commission on access to emergency medical
				services
					Sec. 101.
				Establishment.
					Sec. 102. Duties.
					Sec. 103.
				Membership.
					Sec. 104. Staff and
				consultants.
					Sec. 105. Powers.
					Sec. 106. Report on
				ways to promote the effective delivery of emergency medical
				services.
					Sec. 107.
				Termination.
					Sec. 108.
				Authorization of appropriations.
					TITLE II—Additional
				payments for certain physicians’ services
					Sec. 201. Additional
				payments for certain physicians’ services.
					TITLE III—Centers for Medicare & Medicaid Services Working
				Group to improve emergency care efficiency
					Sec. 301. Centers for
				Medicare & Medicaid Services Working Group to improve emergency care
				efficiency.

			IBipartisan commission on access to
			 emergency medical services
			101.EstablishmentThere is established the United States
			 Bipartisan Commission on Access to Emergency Medical Services (in this title
			 referred to as the “Commission”).
			102.Duties
				(a)In generalThe Commission shall perform the following
			 duties:
					(1)Identify and examine factors (including
			 factors described in subsection (b)) in the health care delivery, financing,
			 and legal systems that affect the effective delivery of screening and
			 stabilization services furnished in hospitals that have emergency departments
			 pursuant to EMTALA.
					(2)Make specific recommendations to Congress,
			 taking into account the considerations specified in subsection (c), with
			 respect to Federal programs, policies, and financing needed to assure the
			 availability of such screening and stabilization services and the coordination
			 of State, local, and Federal programs for responding to disasters and
			 emergencies.
					(b)Factors consideredFor purposes of subsection (a)(1), the
			 Commission shall examine at least the following factors, with respect to
			 emergency departments of hospitals:
					(1)Crowded conditions in such emergency
			 departments and the practice of boarding patients who require admission, or
			 have already been admitted, to a hospital for extended periods in such
			 departments and in the areas adjacent to such departments.
					(2)With respect to individuals who present at
			 such emergency departments for the treatment of emergency medical conditions,
			 any barriers that impede access within a reasonable period of time to
			 screening, stabilization services, and other appropriate consultations of
			 physicians listed by the hospital on its list of on-call physicians.
					(3)The potential legal and financial liability
			 of health care professionals and providers with respect to services required to
			 be furnished to patients under EMTALA, relating to the requirement of emergency
			 departments to screen and appropriately treat or transfer individuals
			 presenting themselves at the departments with emergency medical conditions and
			 women in labor.
					(c)Considerations in
			 recommendationsIn making
			 recommendations under subsection (a)(2), the Commission shall consider the
			 following:
					(1)Any changes in Federal law that would be
			 necessary to promote the effective delivery of emergency medical
			 services.
					(2)The amount and sources of Federal funds to
			 finance such changes.
					(3)The advantages and disadvantages of
			 alternative approaches to protecting health care professionals and providers
			 from legal and financial liability with respect to services required to be
			 furnished to individuals under EMTALA.
					(4)The most efficient and effective manner of
			 coordinating State, local, and Federal programs for responding to disasters and
			 emergencies, with respect to the delivery of emergency medical services.
					(d)DefinitionsFor purposes of this title:
					(1)HospitalThe term hospital means a
			 hospital (as defined in subsection (e) of section 1861 of the Social Security
			 Act (42 U.S.C. 1395x)) and a critical access hospital (as defined in subsection
			 (mm) of such section).
					(2)EMTALAThe term EMTALA means section
			 1867 of the Social Security Act (42 U.S.C. 1395dd).
					103.Membership
				(a)Appointment
					(1)The Commission shall be composed of 24
			 members, who shall be appointed not later than the date that is 60 days after
			 the date of the enactment of this Act and in accordance with paragraph (2), as
			 follows:
						(A)The President shall appoint 8 members of
			 the Commission.
						(B)The Speaker of the House of
			 Representatives, after consultation with the minority leader of the House of
			 Representatives, shall appoint 8 members of the Commission.
						(C)The majority leader of the Senate, after
			 consultation with the minority leader of the Senate, shall appoint 8 members of
			 the Commission.
						(2)Of the members appointed under paragraph
			 (1), the President, the Speaker of the House of Representatives, and the
			 majority leader of the Senate shall each appoint as members of the
			 commission—
						(A)two individuals who represent emergency
			 physicians, emergency nurses, and other health care professionals who provide
			 emergency medical services;
						(B)two individuals who are elected or
			 appointed Federal, State, or local officials and who are involved in issues and
			 programs related to the provision of emergency medical services;
						(C)two health care consumer advocates;
			 and
						(D)two individuals who represent hospitals and
			 health systems that provide emergency medical services.
						(b)Chairperson and vice
			 chairpersonThe Commission
			 shall elect a chairperson and 4 vice chairpersons from among its
			 members.
				(c)TermsEach member shall be appointed for the life
			 of the Commission.
				(d)VacanciesAny member appointed to fill a vacancy
			 occurring before the expiration of the term for which the member’s predecessor
			 was appointed shall be appointed only for the remainder of that term. A member
			 may serve after the expiration of that member’s term until a successor has
			 taken office. Any vacancy in the membership of the Commission shall be filled
			 in the manner in which the original appointment was made and shall not affect
			 the power of the remaining members to execute the duties of the
			 Commission.
				(e)Compensation
					(1)In generalMembers of the Commission shall serve
			 without pay.
					(2)Travel expensesAll members of the Commission shall be
			 reimbursed for travel and per diem in lieu of subsistence expenses during the
			 performance of duties of the Commission while away from their homes or regular
			 places of business, in accordance with subchapter I of chapter 57 of title 5,
			 United States Code.
					(f)QuorumA quorum shall consist of 9 members of the
			 Commission, except that 6 or more members may conduct a hearing under section
			 105(a).
				(g)MeetingsThe Commission shall meet at the call of
			 its chairperson or a majority of its members.
				104.Staff and consultants
				(a)StaffThe Commission may appoint and determine
			 the compensation of such staff as may be necessary to carry out the duties of
			 the Commission. Such appointments and compensation may be made without regard
			 to the provisions of title 5, United States Code, that govern appointments in
			 the competitive services, and the provisions of chapter 51 and subchapter III
			 of chapter 53 of such title that relate to classifications and the General
			 Schedule pay rates.
				(b)ConsultantsThe Commission may procure such temporary
			 and intermittent services of experts and consultants as the Commission
			 determines to be necessary to carry out the duties of the Commission, in
			 accordance with section 3109(b) of title 5, United States Code, but at rates
			 for individuals not to exceed the daily equivalent of the maximum annual rate
			 of basic pay payable for grade GS–15 of the General Schedule under section 5332
			 of such title.
				(c)Detail of Federal employeesUpon the request of the Commission, the
			 head of any Federal agency is authorized to detail, without reimbursement to
			 the agency, any of the personnel of such agency to the Commission to assist the
			 Commission in carrying out its duties. Any such detail shall not interrupt or
			 otherwise affect the civil service status or privileges of such
			 personnel.
				105.Powers
				(a)Hearings and other activitiesThe Commission may, for the purpose of
			 carrying out this title, hold hearings, sit and act at times and places, take
			 testimony, and receive evidence as the Commission determines necessary to carry
			 out its duties. The Commission may administer oaths or affirmations to
			 witnesses appearing before it.
				(b)Studies by government accountability
			 officeUpon the request of
			 the Commission, the Comptroller General shall conduct such studies or
			 investigations as the Commission determines to be necessary to carry out its
			 duties.
				(c)Cost estimates by Congressional Budget
			 Office
					(1)Duty to provide requested
			 estimatesUpon the request of
			 the Commission, the Director of the Congressional Budget Office shall provide
			 to the Commission such cost estimates as the Commission determines to be
			 necessary to carry out its duties.
					(2)Reimbursement for development of cost
			 estimatesThe Commission
			 shall reimburse the Director of the Congressional Budget Office for expenses
			 relating to the employment in the office of the Director of such additional
			 staff as may be necessary for the Director to comply with requests by the
			 Commission under paragraph (1).
					(d)Technical assistanceUpon the request of the Commission, the
			 head of a Federal agency shall provide such technical assistance to the
			 Commission as the Commission determines to be necessary to carry out its
			 duties.
				(e)Use of mailsThe Commission may use the United States
			 mails in the same manner and under the same conditions as Federal agencies, and
			 shall, for purposes of the frank, be considered a commission of Congress as
			 described in section 3215 of title 39, United States Code.
				(f)Obtaining informationThe Commission may secure directly from any
			 Federal agency information necessary to enable it to carry out its duties, if
			 the information may be disclosed under section 552 of title 5, United States
			 Code. Upon request of the Chairperson of the Commission, the head of such
			 agency shall furnish such information to the Commission.
				(g)Administrative support
			 servicesUpon the request of
			 the Commission, the Administrator of General Services shall provide to the
			 Commission on a reimbursable basis such administrative support services as the
			 Commission may request.
				(h)Acceptance of donationsThe Commission may accept, use, and dispose
			 of gifts and donations of services or property.
				(i)PrintingFor purposes of costs relating to printing
			 and binding, including the costs of personnel detailed from the Government
			 Printing Office, the Commission shall be deemed to be a committee of the
			 Congress.
				106.Report on ways to promote the effective
			 delivery of emergency medical servicesNot later than the date that is 18 months
			 after the date of the enactment of this Act, the Commission shall submit to
			 Congress and the Secretary of Health and Human Services a report containing its
			 findings and recommendations described in section 102(a), including
			 recommendations to remove any identified barriers to the effective delivery of
			 emergency medical services in the United States and detailed recommendations
			 for appropriate legislative initiatives to remove such barriers.
			107.TerminationThe Commission shall terminate 30 days after
			 the date of submission of the report required in section 106.
			108.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out this
			 title.
			IIAdditional payments for certain physicians’
			 services
			201.Additional payments for certain physicians’
			 services
				(a)In generalSection 1833 of the Social Security Act (42
			 U.S.C. 1395l) is amended by adding at the end the following new
			 subsection:

						(v)Additional payment for physicians’ services
				furnished pursuant to EMTALAIn the case of physicians’ services
				furnished on or after January 1, 2008, in the emergency department of a
				hospital (as defined in subsection (e)(5) of section 1867) pursuant to such
				section to an individual covered under the insurance program established under
				this part, in addition to the amount of payment that will otherwise be made for
				such services under this part, there shall also be paid to the physician or
				other person involved (or in the cases described in subparagraph (A) of section
				1842(b)(6), to an employer or other entity involved) from the Federal
				Supplementary Trust Fund an amount equal to 10 percent of the payment amount
				for the services under this part (determined without regard to any additional
				amounts paid under subsection (m) or
				(u)).
						.
				(b)Effective
			 dateThe amendment made by
			 subsection (a) shall apply to services furnished on or after January 1,
			 2008.
				IIICenters for Medicare & Medicaid
			 Services Working Group to improve emergency care efficiency
			301.Centers for Medicare & Medicaid
			 Services Working Group to improve emergency care efficiency
				(a)Working group
					(1)In generalThe Secretary of Health and Human Services,
			 acting through the Administrator of the Centers for Medicare & Medicaid
			 Services, shall convene a working group (in this section referred to as the
			 CMS working group) that includes experts in emergency care,
			 inpatient critical care, hospital operations management, nursing, and other
			 relevant disciplines. The members of the CMS working group shall be appointed
			 by the Administrator.
					(2)Duties
						(A)Development of standardsThe CMS working group shall develop—
							(i)boarding and diversion standards for
			 hospitals; and
							(ii)guidelines, measures, and incentives for
			 implementation, monitoring, and enforcement of the standards developed under
			 clause (i).
							(B)Identification of barriersThe CMS working group shall identify
			 barriers contributing to delays in timely processing of patients requiring
			 admission as an inpatient of a hospital who initially sought care through the
			 emergency department of the hospital.
						(C)Identification of best
			 practicesThe CMS working
			 group shall identify best practices to improve patient flow within
			 hospitals.
						(D)ReportNot later than the date that is 2 years
			 after the date of the enactment of this Act, the CMS Working Group shall submit
			 to Congress and the Secretary of Health and Human Services a report containing
			 a detailed description of the standards, guidelines, measures, and incentives
			 developed under subparagraph (A), the barriers identified under subparagraph
			 (B), and the best practices identified under subparagraph (C), together with
			 recommendations for such legislative and administrative actions as the CMS
			 Working group considers appropriate.
						(3)InformationIn carrying out its duties under paragraph
			 (2), the CMS Working Group may request such information from hospitals that the
			 CMS Working Group considers appropriate.
					(4)TerminationThe CMS Working Group shall terminate 30
			 days after the date of submission of the report required in paragraph
			 (2)(D).
					(b)Disclosure of failure to
			 reportThe Secretary of
			 Health and Human Services shall establish a mechanism (such as publication on
			 an Internet website or in the Federal Register, or both) to disclose to the
			 public information regarding any hospital that fails to report information
			 requested by the CMS working group under subsection (a)(3) and the type of
			 information the hospital failed to report.
				(c)Hospital definedIn this section, the term
			 hospital means a hospital (as defined in subsection (e) of section
			 1861 of the Social Security Act (42 U.S.C. 1395x)) and a critical access
			 hospital (as defined in subsection (mm) of such section).


		I
		112th CONGRESS
		2d Session
		H. R. 5514
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mr. Walberg
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the rate of duty on Modified
		  Vinylchloride-Hydroxypropylacrylate copolymer.

		1.Modified
			 Vinylchloride-Hydroxypropylacrylate copolymer
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Modified Vinylchloride-Hydroxypropylacrylate copolymer (CAS No.
						114653–42–8) (provided for in subheading 3904.40.00)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to articles
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


114 HR 6356 IH: To amend the Internal Revenue Code of 1986 to extend for one year the credit for alternative fuel vehicle refueling property.
U.S. House of Representatives
2016-11-17
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.

I114th CONGRESS2d SessionH. R. 6356IN THE HOUSE OF REPRESENTATIVESNovember 17, 2016Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to extend for one year the credit for alternative fuel
			 vehicle refueling property.

		1.Extension of credit for alternative fuel vehicle refueling property
 (a)In generalSubsection (g) of section 30C of the Internal Revenue Code of 1986 is amended by striking December 31, 2016 and inserting December 31, 2017. (b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2016.