		I
		111th CONGRESS
		1st Session
		H. R. 2688
		IN THE HOUSE OF REPRESENTATIVES

			June 3, 2009
			Mr. Pallone (for
			 himself and Ms. DeGette) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend title XIX of the Social Security Act to improve
		  the State plan amendment option for providing home and community-based services
		  under the Medicaid Program, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Empowered at Home Act of
			 2009.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Strengthening the Medicaid Home and Community-Based State
				Plan Amendment Option
					Sec. 101. Removal of barriers to providing home and
				community-based services under State plan amendment option for individuals in
				need.
					Sec. 102. Increase in Federal medical assistance percentage
				(FMAP) for the provision of home and community-based services under Medicaid
				through the State plan amendment option.
					Sec. 103. Annual report on use of Medicaid State plan amendment
				option for home and community-based services.
					Title II—State Grants to Facilitate Home and Community-Based
				Services and Promote Health
					Sec. 201. Reauthorization of Medicaid investment grants and
				expansion of permissible uses in order to facilitate the provision of home and
				community-based and other long-term care services.
					Sec. 202. Health promotion grants.
					Title III—Promoting and Protecting Community Living
					Sec. 301. Mandatory application of spousal impoverishment
				protections to recipients of home and community-based services.
					Sec. 302. Exclusion of 6 months of average cost of nursing
				facility services from assets or resources for purposes of eligibility for home
				and community-based services.
					Title IV—Miscellaneous
					Sec. 401. Improved data collection.
					Sec. 402. GAO report on Medicaid home health services and the
				extent of consumer self-direction of such services.

			IStrengthening the
			 Medicaid Home and Community-Based State Plan Amendment Option
			101.Removal of
			 barriers to providing home and community-based services under State plan
			 amendment option for individuals in need
				(a)Parity with
			 income eligibility standard for institutionalized individualsParagraph (1) of section 1915(i) of the
			 Social Security Act (42 U.S.C. 1396n(i)) is amended by striking 150
			 percent of the poverty line (as defined in section 2110(c)(5)) and
			 inserting 300 percent of the supplemental security income benefit rate
			 established by section 1611(b)(1).
				(b)Authority To
			 offer different type, amount, duration, or scope of home and community-based
			 servicesSection 1915(i) of the Social Security Act (42 U.S.C.
			 1396n(i)) is amended by adding at the end the following new paragraph:

						(6)Authority to
				offer different type, amount, duration, or scope of home and community-based
				servicesA State may offer home and community-based services to
				individuals under this paragraph that differ in type, amount, duration, or
				scope from the home and community-based services offered to other such
				individuals, taking into account the needs-based criteria established under
				paragraph (1)(A), so long as such services are within the scope of services
				described in paragraph (4)(B) of subsection (c) for which the Secretary has the
				authority to approve a waiver and do not include room or
				board.
						.
				(c)Removal of
			 limitation on scope of servicesParagraph (1) of section 1915(i) of the
			 Social Security Act (42 U.S.C. 1396n(i)), as amended by subsection (a), is
			 amended by striking or such other services requested by the State as the
			 Secretary may approve
				(d)Optional
			 eligibility category To provide full medicaid benefits to individuals receiving
			 home and community-based services under a State plan amendment
					(1)In
			 generalSection 1902(a)(10)(A)(ii) of the Social Security Act (42
			 U.S.C. 1396a(a)(10)(A)(ii)) is amended—
						(A)in subclause
			 (XVIII), by striking or at the end;
						(B)in subclause
			 (XIX), by adding or at the end; and
						(C)by inserting after
			 subclause (XIX), the following new subclause:

								(XX)who are eligible
				for home and community-based services under needs-based criteria established
				under paragraph (1)(A) of section 1915(i) and who will receive home and
				community-based services pursuant to a State plan amendment under section
				1915(i);
								.
						(2)Conforming
			 amendments
						(A)Section 1903(f)(4)
			 of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended in the matter
			 preceding subparagraph (A), by inserting 1902(a)(10)(A)(ii)(XX),
			 after 1902(a)(10)(A)(ii)(XIX),.
						(B)Section 1905(a) of
			 the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter preceding
			 paragraph (1)—
							(i)in
			 clause (xii), by striking or at the end;
							(ii)in
			 clause (xiii), by adding or at the end; and
							(iii)by
			 inserting after clause (xiii) the following new clause:

									(xiv)individuals who are eligible for
				home and community-based services under needs-based criteria established under
				paragraph (1)(A) of section 1915(i) and who will receive home and
				community-based services pursuant to a State plan amendment under such
				subsection,
									.
							(e)Elimination of
			 option To limit number of eligible individuals or length of period for
			 grandfathered individuals if eligibility criteria is modifiedParagraph (1) of section 1915(i) of such
			 Act (42 U.S.C. 1396n(i)) is amended—
					(1)by striking subparagraph (C) and inserting
			 the following:

							(C)Projection of number of individuals to be
				provided home and community-based servicesThe State submits to
				the Secretary, in such form and manner, and upon such frequency as the
				Secretary shall specify, the projected number of individuals to be provided
				home and community-based services.
							;
				and
					(2)in subclause (II)
			 of subparagraph (D)(ii), by striking to be eligible for such services
			 for a period of at least 12 months beginning on the date the individual first
			 received medical assistance for such services and inserting to
			 continue to be eligible for such services after the effective date of the
			 modification and until such time as the individual no longer meets the standard
			 for receipt of such services under such pre-modified criteria.
					(f)Elimination of
			 option To waive statewidenessParagraph (3) of section 1915(i) of such
			 Act (42 U.S.C. 1396n(3)) is amended by striking section 1902(a)(1)
			 (relating to statewideness) and .
				(g)Effective
			 dateThe amendments made by this section take effect on the first
			 day of the first fiscal year quarter that begins after the date of enactment of
			 this Act.
				102.Increase in
			 Federal medical assistance percentage (FMAP) for the provision of home and
			 community-based services under Medicaid through the State plan amendment
			 option
				(a)In
			 generalSection 1905(b) of the Social Security Act (42 U.S.C.
			 1396d(b)) is amended by adding at the end the following: Notwithstanding
			 the previous provisions of this subsection, the Federal medical assistance
			 percentage with respect to amounts expended as medical assistance for home and
			 community-based services provided through a State plan amendment that satisfies
			 the requirements of section 1915(i) shall be the enhanced FMAP (as defined in
			 section 2105(b)), but determined by substituting 10 percent for
			 30 percent in such section..
				(b)Effective
			 dateThe amendment made by subsection (a) shall apply to home and
			 community-based services furnished on or after October 1, 2009.
				103.Annual report on
			 use of Medicaid State plan amendment option for home and community-based
			 servicesThe Secretary of
			 Health and Human Services shall submit to Congress an annual report on the
			 extent to which State Medicaid plans have adopted a State plan amendment under
			 section 1915(i) of the Social Security Act (42 U.S.C. 1396n(i)), as amended by
			 this title, for medical assistance for home and community-based services for
			 elderly and disabled individuals. Each such report shall include the number of
			 beneficiaries who are provided services under such an amendment and on changes
			 made in the use of waiver authority under section 1915(c) of such Act (42
			 U.S.C. 1396n(c)) as a result of implementation of such a State plan
			 amendment.
			IIState
			 Grants to Facilitate Home and Community-Based Services and Promote
			 Health
			201.Reauthorization
			 of Medicaid investment grants and expansion of permissible uses in order to
			 facilitate the provision of home and community-based and other long-term care
			 services
				(a)2-year
			 reauthorization; increased fundingSection 1903(z)(4)(A) of the
			 Social Security Act (42 U.S.C. 1396b(z)(4)(A)) is amended—
					(1)in clause (i), by
			 striking and at the end;
					(2)in clause (ii), by
			 striking the period at the end and inserting ; and; and
					(3)by inserting after
			 clause (ii), the following new clauses:

							(iii)$150,000,000 for
				fiscal year 2010; and
							(iv)$150,000,000 for
				fiscal year
				2011.
							.
					(b)Expansion of
			 permissible usesSection 1903(z)(2) of the Social Security Act
			 (42 U.S.C. 1396b(z)(2)) is amended by adding at the end the following new
			 subparagraphs:

						(G)(i)Methods for ensuring the
				availability and accessibility of home- and community-based services in the
				State, recognizing multiple delivery options that take into account differing
				needs of individuals, through the creation or designation (in consultation with
				organizations representing elderly individuals and individuals of all ages with
				physical, mental, cognitive, or intellectual impairments, and organizations
				representing the long-term care workforce, including organized labor, and
				health care and direct service providers) of one or more statewide or regional
				public entities or nonprofit organizations (such as fiscal intermediaries,
				agencies with choice, home care commissions, public authorities, worker
				associations, consumer-owned and controlled organizations (including
				representatives of individuals with severe intellectual or cognitive
				impairment), area agencies on aging, independent living centers, aging and
				disability resource centers, or other disability organizations) which
				may—
								(I)develop programs where qualified
				individuals provide home- and community-based services while solely or jointly
				employed by recipients of such services;
								(II)facilitate the training and recruitment
				of qualified health and direct service professionals and consumers who use
				services;
								(III)recommend or develop a system to set
				wages and benefits, and recommend commensurate reimbursement rates;
								(IV)with meaningful ongoing involvement from
				consumers and workers (or their respective representatives), develop procedures
				for the appropriate screening of workers, create a registry or registries of
				available workers, including policies and procedures to ensure no interruption
				of care for eligible individuals;
								(V)assist consumers in identifying
				workers;
								(VI)act as a fiscal intermediary;
								(VII)assist workers in finding employment,
				including consumer-directed employment;
								(VIII)provide funding for disability
				organizations, aging organizations, or other organizations, to assume roles
				that promote consumers’ ability to acquire the necessary skills for directing
				their own services and financial resources; or
								(IX)create workforce development plans on a
				regional or statewide basis (or both), to ensure a sufficient supply of
				qualified home and community-based services workers, including reviews and
				analyses of actual and potential worker shortages, training and retention
				programs for home and community-based services workers (which may include, as
				determined appropriate by the State, allowing participation in such training to
				count as an allowable work activity under the State temporary assistance for
				needy families program funded under part A of title IV), and plans to assist
				consumers with finding and retaining qualified workers.
								(ii)Nothing in clause (i) shall be
				construed as prohibiting the use of funds made available to carry out this
				subparagraph for start-up costs associated with any of the activities described
				in subclauses (I) through (IX), as requiring any consumer to hire workers who
				are listed in a worker registry developed with such funds, or to limit the
				ability of consumers to hire or fire their own workers.
							(H)Methods for
				providing an integrated and efficient system of long-term care through a review
				of the Federal, State, local, and private long-term care resources, services,
				and supports available to elderly individuals and individuals of all ages with
				physical, mental, cognitive, or intellectual impairments and the development
				and implementation of a plan to fully integrate such resources, services, and
				supports by aggregating such resources, services, and supports to create a
				consumer-centered and cost-effective resource and delivery system and expanding
				the availability of home and community-based services, and that is designed to
				result in administrative savings, consolidation of common activities, and the
				elimination of redundant
				processes.
						.
				(c)Allocation of
			 funds
					(1)Elimination of
			 current law requirements for allocation of fundsSection
			 1903(z)(4)(B) of the Social Security Act (42 U.S.C. 1396b(z)(4)(B)) is amended
			 by striking the second and third sentences.
					(2)Assurance of
			 funds to facilitate the provision of home and community-based services and
			 integrated systems of long-term careSection 1903(z)(4)(B) of the
			 Social Security Act (42 U.S.C. 1396b(z)(4)(B)), as amended by paragraph (1), is
			 amended by inserting after the first sentence the following new sentence:
			 Such method shall provide that 50 percent of such funds shall be
			 allocated among States that design programs to adopt the innovative methods
			 described in subparagraph (G) or (H) (or both) of paragraph
			 (2)..
					(d)Renaming
			 programThe heading of section 1903(z) of such Act is amended by
			 striking Transformation and inserting
			 Investment.
				(e)ClarificationSuch
			 section is further amended by adding at the end the following new
			 paragraph:

						(6)Clarification of
				protection of beneficiariesNothing in this section shall be construed
				as authorizing States to use payments provided under this subsection for the
				purpose of limiting eligibility or benefits under this
				title.
						.
				(f)Effective
			 dateThe amendments made by this section take effect on October
			 1, 2009.
				202.Health
			 promotion grants
				(a)DefinitionsIn
			 this section:
					(1)Eligible
			 Medicaid beneficiaryThe term eligible Medicaid
			 beneficiary means an individual who is enrolled in the State Medicaid
			 plan under title XIX of the Social Security Act and—
						(A)has attained the
			 age of 60 and is not a resident of a nursing facility; or
						(B)is an adult with a
			 physical, mental, cognitive, or intellectual impairment.
						(2)Eligible
			 StateThe term eligible State means a State that
			 submits an application to the Secretary for a grant under this section, in such
			 form and manner as the Secretary shall require.
					(3)Evidence- and
			 community-based health promotion programThe term evidence-
			 and community-based health promotion program means a community-based
			 program (such as a program for chronic disease self-management, physical or
			 mental activity, falls prevention, smoking cessation, or dietary modification)
			 that has been objectively evaluated and found to improve health outcomes or
			 meet health promotion goals by preventing, delaying, or decreasing the severity
			 of physical, mental, cognitive, or intellectual impairment and that meets
			 generally accepted standards for best professional practice.
					(4)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
					(b)Authority To
			 conduct demonstration projectThe Secretary shall award grants on
			 a competitive basis to eligible States to conduct in accordance with this
			 section an evidence- and community-based health promotion program that is
			 designed to achieve the following objectives with respect to eligible Medicaid
			 beneficiaries:
					(1)Lifestyle
			 changesTo empower eligible Medicaid beneficiaries to take more
			 control over their own health through lifestyle changes that have proven
			 effective in reducing the effects of chronic disease and slowing the
			 progression of disability.
					(2)DiffusionTo
			 mobilize the Medicaid, aging, disability, public health, and nonprofit networks
			 at the State and local levels to accelerate the translation of credible
			 research into practice through the deployment of low-cost evidence-based health
			 promotion and disability prevention programs at the community level.
					(c)Selection and
			 amount of grant awardsIn awarding grants to eligible States
			 under this section and determining the amount of the awards, the Secretary
			 shall—
					(1)take into
			 consideration the manner and extent to which the eligible State proposes to
			 achieve the objectives specified in subsection (b); and
					(2)give preference to
			 eligible States proposing—
						(A)programs through
			 public service provider organizations or other organizations with expertise in
			 serving eligible Medicaid beneficiaries;
						(B)strong State-level
			 collaboration across, Medicaid agencies, State units on aging, State
			 independent living councils, State associations of Area Agencies on Aging, and
			 State agencies responsible for public health; or
						(C)interventions that
			 have already demonstrated effectiveness and replicability in a community-based,
			 nonmedical setting.
						(d)Use of
			 fundsAn eligible State awarded a grant under this section shall
			 use the funds awarded to develop, implement, and sustain high quality evidence-
			 and community-based health promotion programs. As a condition of being awarded
			 such a grant, an eligible State shall agree to—
					(1)implement such
			 programs in at least 3 geographic areas of the State; and
					(2)develop the
			 infrastructure and partnerships that will be necessary over the long-term to
			 effectively embed evidence- and community-based health promotion programs for
			 eligible Medicaid beneficiaries within the statewide health, aging, disability,
			 and long-term care systems.
					(e)Technical
			 assistanceThe Secretary shall provide assistance to eligible
			 States awarded grants under this section, subgrantees and their partners,
			 program organizers, and others in developing evidence- and community-based
			 health promotion programs.
				(f)Payments to
			 eligible States; carryover of unused grant amounts
					(1)PaymentsFor
			 each calendar quarter of a fiscal year that begins during the period for which
			 an eligible State is awarded a grant under this section, the Secretary shall
			 pay to the State from its grant award for such fiscal year an amount equal to
			 the lesser of—
						(A)the amount of
			 qualified expenditures made by the State for such quarter; or
						(B)the total amount
			 remaining in such grant award for such fiscal year (taking into account the
			 application of paragraph (2)).
						(2)Carryover of
			 unused amountsAny portion of a State grant award for a fiscal
			 year under this section remaining available at the end of such fiscal year
			 shall remain available for making payments to the State for the next 4 fiscal
			 years, subject to paragraph (3).
					(3)Reawarding of
			 certain unused amountsIn the case of a State that the Secretary
			 determines has failed to meet the conditions for continuation of a
			 demonstration project under this section in a succeeding year, the Secretary
			 shall rescind the grant award for each succeeding year, together with any
			 unspent portion of an award for prior years, and shall add such amounts to the
			 appropriation for the immediately succeeding fiscal year for grants under this
			 section.
					(4)Preventing
			 duplication of paymentThe payment under a demonstration project
			 with respect to qualified expenditures shall be in lieu of any payment with
			 respect to such expenditures that would otherwise be paid to the State under
			 section 1903(a) of the Social Security Act (42 U.S.C. 1396a(a)). Nothing in the
			 previous sentence shall be construed as preventing a State from being paid
			 under such section for expenditures in a grant year for which payment is
			 available under such section 1903(a) after amounts available to pay for such
			 expenditures under the grant awarded to the State under this section for the
			 fiscal year have been exhausted.
					(g)EvaluationNot
			 later than 3 years after the date on which the first grant is awarded to an
			 eligible State under this section, the Secretary shall, by grant, contract, or
			 interagency agreement, conduct an evaluation of the demonstration projects
			 carried out under this section that measures the health-related, quality of
			 life, and cost outcomes for eligible Medicaid beneficiaries and includes
			 information relating to the quality, infrastructure, sustainability, and
			 effectiveness of such projects.
				(h)AppropriationsThere
			 are appropriated, from any funds in the Treasury not otherwise appropriated,
			 the following amounts to carry out this section:
					(1)Grants to
			 statesFor grants to States, to remain available until
			 expended—
						(A)$4,000,000 for
			 fiscal year 2010;
						(B)$6,000,000 for
			 fiscal year 2011;
						(C)$8,000,000 for
			 fiscal year 2012;
						(D)$10,000,000 for
			 fiscal year 2013; and
						(E)$12,000,000 for
			 fiscal year 2014.
						(2)Technical
			 assistanceFor the provision of technical assistance through such
			 center in accordance with subsection (e)—
						(A)$800,000 for fiscal
			 year 2010;
						(B)$1,200,000 for
			 fiscal year 2011;
						(C)$1,600,000 for
			 fiscal year 2012;
						(D)$2,000,000 for
			 fiscal year 2013; and
						(E)$2,400,000 for
			 fiscal year 2014.
						(3)EvaluationFor
			 conducting the evaluation required under subsection (g), $4,000,000 for fiscal
			 year 2012.
					IIIPromoting and
			 Protecting Community Living
			301.Mandatory
			 application of spousal impoverishment protections to recipients of home and
			 community-based services
				(a)In
			 generalSection 1924(h)(1)(A)
			 of the Social Security Act (42 U.S.C. 1396r–5(h)(1)(A)) is amended by striking
			 (at the option of the State)is described in section
			 1902(a)(10)(A)(ii)(VI) and inserting is eligible for medical
			 assistance for home and community-based services under subsection (c), (d),
			 (e), (i), or (k) of section 1915.
				(b)Effective
			 dateThe amendment made by subsection (a) takes effect on October
			 1, 2009.
				302.Exclusion of 6
			 months of average cost of nursing facility services from assets or resources
			 for purposes of eligibility for home and community-based services
				(a)In
			 generalSection 1917 of the
			 Social Security Act (42 U.S.C. 1396p) is amended by adding at the end the
			 following new subsection:

						(i)Exclusion of 6
				months of average cost of nursing facility services from home and
				community-based services eligibility
				determinationsNotwithstanding any other provision of law, each
				State shall exclude from any determination of an individual's assets or
				resources, for purposes of determining the eligibility of the individual for
				medical assistance for home and community-based services under subsection (c),
				(d), (e), (i), or (k) of section 1915 (if a State imposes an limitation on
				assets or resources for purposes of eligibility for such services), an amount
				equal to six times the amount applicable under subsection (c)(1)(E)(ii)(II) (at
				the time such determination is
				made).
						.
				(b)Rule of
			 constructionNothing in the amendment made by subsection (a)
			 shall be construed as affecting a State's option to apply less restrictive
			 methodologies under section 1902(r)(2) for purposes of determining income and
			 resource eligibility for individuals specified in that section.
				(c)Effective
			 dateThe amendment made by subsection (a) takes effect on October
			 1, 2009.
				IVMiscellaneous
			401.Improved data
			 collection
				(a)Secretarial
			 requirement To revise data reporting forms and systems To ensure uniform and
			 consistent reporting by StatesNot later than 6 months after the date of
			 enactment of this Act, the Secretary of Health and Human Services, acting
			 through the Administrator of the Centers for Medicare & Medicaid Services,
			 shall revise CMS Form 372, CMS Form 64, and CMS Form 64.9 (or any successor
			 forms) and the Medicaid Statistical Information Statistics (MSIS) claims
			 processing system to ensure that, with respect to any State that provides
			 medical assistance to individuals under a waiver or State plan amendment
			 approved under subsection (c), (d), (e), (i), (j), or (k) of section 1915 of
			 the Social Security Act (42 U.S.C. 1396n), the State reports to the Secretary,
			 not less than annually and in a manner that is consistent and uniform for all
			 States (and, in the case of medical assistance provided under a waiver or State
			 plan amendment under any such subsection for home- and community-based
			 services, in a manner that is consistent and uniform with the data required to
			 be reported for purposes of monitoring or evaluating the provision of such
			 services under the State plan or under a waiver approved under section 1115 of
			 the Social Security Act (42 U.S.C. 1315) to provide such services) the
			 following data:
					(1)The total number of individuals provided
			 medical assistance for such services under each waiver to provide such services
			 conducted by the State and each State plan amendment option to provide such
			 services elected by the State.
					(2)The total amount of expenditures incurred
			 for such services under each such waiver and State plan amendment option,
			 disaggregated by expenditures for medical assistance and administrative or
			 other expenditures.
					(3)The types of such
			 services provided by the State under each such waiver and State plan amendment
			 option.
					(4)The number of
			 individuals on a waiting list (if any) to be enrolled under each such waiver
			 and State plan amendment option or to receive services under each such waiver
			 and State plan amendment option.
					(5)With respect to home
			 health services, private duty nursing services, case management services, and
			 rehabilitative services provided under each such waiver and State plan
			 amendment option, the total number of individuals provided each type of such
			 services, the total amount of expenditures incurred for each type of services,
			 and whether each such service was provided for long-term care or acute care
			 purposes.
					(b)Public
			 availabilityNot later than 6 months after the date of enactment
			 of this Act, the Secretary of Health and Human Services, acting through the
			 Administrator of the Centers for Medicare & Medicaid Services, shall make
			 publicly available, in a State identifiable manner, the data described in
			 subsection (a) through an Internet website and otherwise as the Secretary
			 determines appropriate.
				402.GAO report on
			 Medicaid home health services and the extent of consumer self-direction of such
			 services
				(a)StudyThe Comptroller General of the United
			 States shall study the provision of home health services under State Medicaid
			 plans under title XIX of the Social Security Act. Such study shall include an
			 examination of the extent to which there are variations among the States with
			 respect to the provision of home health services in general under State
			 Medicaid plans, including the extent to which such plans impose limits on the
			 types of services that a home health aide may provide a Medicaid beneficiary
			 and the extent to which States offer consumer self-direction of such services
			 or allow for other consumer-oriented policies with respect to such
			 services.
				(b)ReportNot later than 1 year after the date of
			 enactment of this Act, the Comptroller General shall submit a report to
			 Congress on the results of the study conducted under subsection (a), together
			 with such recommendations for legislative or administrative changes as the
			 Comptroller General determines appropriate in order to provide home health
			 services under State Medicaid plans in accordance with identified best
			 practices for the provision of such services.


		II
		109th CONGRESS
		2d Session
		S. 3793
		IN THE SENATE OF THE UNITED STATES

			August 3, 2006
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to provide minimum
		  mandatory penalties for certain public-corruption-related
		  offenses.

		1.Short titleThis Act may be cited as the
			 Restoring Trust in Public Service Act
			 of 2006.
		2.Minimum mandatory
			 penalties for certain public-corruption-related offensesSection 3559 of title 18, United States
			 Code, is amended by adding at the end the following:

				(g)Minimum
				imprisonment penalty for certain public-corruption-related offenses
					(1)ComputationNotwithstanding
				any other provision of law, unless that provision requires a longer sentence of
				imprisonment, if a public official is convicted of an offense arising out of
				conduct in the course of official duty as such official, and that conduct
				resulted in the unjust enrichment of the official, then the minimum term of
				imprisonment that may be imposed on the official is—
						(A)if the unjust enrichment was $5,000 or
				less, 15 months;
						(B)if the unjust
				enrichment exceeds $5,000, but does not exceed $10,000, 21 months;
						(C)if the unjust
				enrichment exceeds $10,000, but does not exceed $30,000, 27 months;
						(D)if the unjust
				enrichment exceeds $30,000, but does not exceed $70,000, 33 months;
						(E)if the unjust
				enrichment exceeds $70,000, but does not exceed $120,000, 46 months;
						(F)if the unjust
				enrichment exceeds $120,000, but does not exceed $200,000, 51 months;
						(G)if the unjust
				enrichment exceeds $200,000, but does not exceed $400,000, 63 months;
						(H)if the unjust
				enrichment exceeds $400,000, but does not exceed $1,000,000, 78 months;
						(I)if the unjust
				enrichment exceeds $1,000,000, but does not exceed $2,500,000, 97
				months;
						(J)if the unjust
				enrichment exceeds $2,500,000, but does not exceed $7,000,000, 121
				months;
						(K)if the unjust
				enrichment exceeds $7,000,000, but does not exceed $20,000,000, 151
				months;
						(L)if the unjust
				enrichment exceeds $20,000,000, but does not exceed $50,000,000, 188
				months;
						(M)if the unjust
				enrichment exceeds $50,000,000, but does not exceed $100,000,000, 235
				months;
						(N)if the unjust
				enrichment exceeds $100,000,000, but does not exceed $200,000,000, 292
				months;
						(O)if the unjust
				enrichment exceeds $200,000,000, but does not exceed $400,000,000, 360 months;
				and
						(P)if the unjust
				enrichment exceeds $400,000,000, life.
						(2)DefinitionAs
				used in this subsection, the term public official means an
				individual holding Federal, State, or local public elected or appointive office
				or
				employment.
					.


113 SRES 374 ATS: Designating March 3, 2014, as “World Wildlife Day”.
U.S. Senate
2014-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		2d Session
		S. RES. 374
		IN THE SENATE OF THE UNITED STATES

			March 5, 2014
			Mr. Coons (for himself, Mr. Udall of New Mexico, Mrs. Feinstein, Mr. Inhofe, Mr. Whitehouse, Mr. Durbin, Mr. Markey, and Mr. Cardin) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Designating March 3, 2014, as World Wildlife Day.

		Whereas wildlife has provided numerous economic, environmental, social, and cultural benefits
			 during the course of human history, and wildlife preservation will secure
			 these gifts for future generations;Whereas each plant and animal species plays an important role in the stability of diverse
			 ecosystems around the world, and the conservation of this biodiversity is
			 critical to maintain the delicate balance of nature and keep complex
			 ecosystems thriving;Whereas observation of wild plants and animals in their natural habitat provides individuals with a
			 more enriching world view and a greater appreciation of the wonders of the
			 natural environment;Whereas tens of millions of individuals in the United States strongly support the conservation of
			 wildlife, both domestically and abroad, and wish to ensure the survival of
			 species in the wild, such as rhinoceroses, tigers, elephants, pangolins,
			 turtles, seahorses, sharks, ginseng, mahogany, and cacti;Whereas the Convention on International Trade in Endangered Species of Wild Fauna and Flora
			 (referred to in this preamble as CITES and also known as the	Washington Convention) was signed in Washington, DC, on March 3, 1973;Whereas 179 countries, including the United States, are now parties to CITES;Whereas CITES remains one of the most powerful tools in the world for biodiversity conservation by
			 regulating international trade in wild plants and animals, including
			 products and derivatives of wild plants and animals, ensuring the survival
			 of plants and animals in the wild, and providing long-term benefits for
			 the livelihood of local people and the global environment;Whereas CITES seeks to ensure that international trade in listed species is sustainable, legal, and
			 traceable;Whereas the trafficking of wildlife, including timber and fish, comprises the fourth largest global
			 illegal trade, after narcotics, counterfeiting of products and currency,
			 and human trafficking, and has become a major transnational organized
			 crime with an estimated worth of approximately $19,000,000,000 annually;Whereas increased demand in Asia for high-value illegal wildlife products, particularly elephant
			 ivory and rhinoceros horns, has recently triggered substantial and rapid
			 increases in poaching of these species, particularly in Africa;Whereas trafficking of wildlife is the primary threat to many wildlife species, including
			 elephants, rhinoceroses, and tigers;Whereas many different kinds of criminals, including some terrorist entities and rogue security
			 personnel,
			 often in collusion with corrupt government officials, are involved in
			 wildlife poaching and the movement of ivory and rhinoceros horns across
			 Africa;Whereas wildlife poaching presents significant security and stability challenges for military and
			 police forces in African nations that are often threatened by heavily
			 armed poachers and the criminal and extremist allies of such poachers;Whereas wildlife poaching negatively impacts local communities that rely on natural resources for
			 economic development, including tourism;Whereas the lack of sufficient penal and financial deterrents hamper the ability of African
			 governments to reduce poaching and trafficking;Whereas capacity building, including material, training, legal, and diplomatic support, can
			 significantly impact the trajectory of the illegal wildlife trade;Whereas wildlife provides a multitude of benefits to all nations, and wildlife crime has
			 wide-ranging economic, environmental, and social impacts;Whereas the number of elephants killed by poachers in Kenya increased by more than 800 percent from
			 2007 to 2012, from 47 to 387 elephants killed;Whereas the number of rhinoceroses killed by poachers in South Africa increased by more than 7000
			 percent between 2007 and 2013, from 13 to 1004 rhinoceroses killed;Whereas the number of forest elephants in the Congo Basin in  central Africa declined by
			 approximately two-thirds between 2002 and 2012, placing forest elephants
			 on track for extinction within the next decade;Whereas as few as 3200 tigers remain in the wild throughout all of Asia;Whereas approximately 100,000,000 sharks are killed annually, often targeted solely for their fins,
			 and unsustainable trade is the primary cause of serious population decline
			 in several shark species, including scalloped hammerhead sharks, great
			 hammerhead sharks, and oceanic whitetip sharks;Whereas the United States is developing strong measures to address the criminal, financial,
			 security, and environmental aspects of wildlife trafficking;Whereas Congress has allocated specific resources to combat wildlife trafficking and address the
			 threats posed by poaching and the illegal wildlife trade;Whereas in December 2013, the United Nations General Assembly proclaimed March 3, the day on which
			 CITES was signed, as World Wildlife Day to celebrate and raise awareness
			 of the wild fauna and flora around the world;Whereas March 3, 2014, represents the first annual celebration of World Wildlife Day; andWhereas in 2014, World Wildlife Day commemorations will “celebrate the many beautiful and varied
			 forms of wild fauna and flora, raise awareness of the multitude of
			 benefits that wildlife provides to people, and raise awareness of the
			 urgent need to step up the fight against wildlife crime, which has
			 wide-ranging economic, environmental, and social impacts”: Now, therefore,
			 be it

		That the Senate—
			(1)designates March 3, 2014, as World Wildlife Day;(2)supports the goals and ideals of World Wildlife Day, including—(A)raising awareness of the benefits that wildlife provides to people and the threats facing wildlife
			 around the world; and(B)escalating the fight against wildlife crime, including wildlife trafficking;(3)applauds the domestic and international efforts to escalate the fight against wildlife crime;(4)commends the efforts of the United States to
			 mobilize the entire Government in a coordinated, efficient, and effective
			 manner for dramatic progress in the fight against wildlife crime; and(5)encourages continued cooperation between the United States, international partners, local
			 communities, nonprofit organizations, private industry, and other partner
			 organizations in an effort to conserve and celebrate wildlife, preserving
			 this precious resource for future generations.


110 HRES 325 EH: Commending the Michigan State University Spartans for their victory in the 2007 NCAA Hockey Championship.
U.S. House of Representatives
2007-05-07
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. 325
In the House of Representatives, U. S.,

May 7, 2007

RESOLUTION
Commending the Michigan State University Spartans for their victory in the 2007 NCAA Hockey Championship.

Whereas Michigan State University is one of the premier academic institutions in the nation;
Whereas on April 9, 2007, the Michigan State University Spartans won their first National Collegiate Athletic Association Hockey Championship in 21 years;
Whereas the members of the Michigan State University 2007 hockey team include Jeff Lerg, Chris Snavely, Ethan Graham, Brandon Gentile, Brandon Warner, Justin Abdelkader, Tim Kennedy, Bryan Lerg, Ryan Turek, Zak McClellan, Jeff Dunne, Tyler Howells, Jay Sprague, Chris Mueller, Chris Lawrence, Nick Sucharski, Matt Schepke, Jim McKenzie, Kurt Kivisto, Daniel Sturges, Daniel Vukovic, Steve Mnich, Bobby Jarosz, Tim Crowder, Justin Johnston, and Michael Ratchuk;
Whereas Head Coach Rick Comley and Assistant Coaches Tom Newton, Brian Renfrew, and Rob Woodward are to be commended for outstanding coaching throughout the 2007 season;
Whereas the Spartans won the championship game by coming from behind to score 3 goals in a stunning third-period upset;
Whereas the Spartans succeeded not only because of the skills of talented individual players but because those players worked so well together as a team;
Whereas in the championship game, the Spartans beat Boston College, a team that had won 13 straight games, featured 12 National Hockey League draft picks, and had played in the 2006 NCAA championship game as well;
Whereas Spartan head coach Rick Comley has now won 3 national hockey championships (one with the NAIA and 2 with the NCAA) with 3 different Michigan universities: Lake Superior State University, Northern Michigan University, and Michigan State University;
Whereas when the Spartans last won a national hockey championship, they were coached by Ron Mason, who continues to serve Michigan State University as the school’s Athletic Director and who in fact hired Coach Comley as his replacement;
Whereas Michigan State University and the East Lansing community honored the Spartans upon their return in a manner befitting of champions; and
Whereas Michigan State University students, faculty, alumni, and all Michigan State fans are deeply committed to bringing pride to Michigan State University and to the entire state of Michigan: Now, therefore, be it

That the House of Representatives—
(1)commends the Michigan State University Spartans for their victory in the 2007 NCAA Hockey Championship;
(2)recognizes the achievements of the players, coaches, students, and staff whose hard work and dedication helped Michigan State University win the championship; and
(3)directs the Clerk of the House of Representatives to transmit a copy of this resolution to Michigan State University President Lou Anna Simon, hockey Head Coach Rick Comley, and Athletic Director Ron Mason for appropriate display.

Lorraine C. Miller,Clerk.


109 HR 2000 IH: Healthy Early Education Workforce Grant Program Act
U.S. House of Representatives
2005-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2000
IN THE HOUSE OF REPRESENTATIVES

April 28, 2005
Mr. George Miller of California (for himself, Mr. Platts, Mr. Kildee, Ms. DeLauro, Mr. Payne, Ms. Woolsey, Mr. Hinojosa, Mr. Andrews, Mr. Kennedy of Rhode Island, Mr. Stark, Mr. Kucinich, Mr. Davis of Illinois, Mrs. Jones of Ohio, Mr. Sanders, Mr. Owens, Mrs. McCarthy, Mr. Grijalva, Mr. Pallone, Mr. McDermott, Mr. Brown of Ohio, and Mr. Weiner) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To establish the Child Care Provider Development and Retention Grant Program, the Child Care Provider Scholarship Program, and a program of child care provider health benefits coverage, and for other purposes.

1.Short titleThis Act may be cited as the Focus On Committed and Underpaid Staff for Children’s Sake Act or as the FOCUS Act.
2.Findings and purpose
(a)FindingsCongress makes the following findings:
(1)Research on early brain development and early childhood demonstrates that the experiences children have and the attachments children form early in life have a decisive, long-lasting impact on their later development and learning.
(2)High-quality, developmentally appropriate child care beginning in early childhood and continuing through the years that children are in school improves the scholastic success and educational attainment of children, and the success and attainment persist into adulthood.
(3)According to a growing body of research, the single most important determinant of child care quality is the presence of consistent, sensitive, well-trained, and well-compensated child care providers. However, child care programs nationwide experience high turnover in teaching staff, fueled by poor compensation and few opportunities for advancement.
(4)The Department of Labor reports that, in 2003, the average wage for a child care provider was $8.47 per hour, or $17,610 annually. For full-time, full-year work, the average annual wage for a child care provider was not much above the 2003 poverty line of $14,824 for a family consisting of a parent and 2 children. Family child care providers earned even less. The median weekly wage of a family child care provider in 2003 was $334, which equals an annual wage of $17,368.
(5)Despite the important role child care providers may play in early child development and learning, on average, a child care provider earns less in a year than a bus driver ($30,730), barber ($23,300), or janitor ($20,480).
(6)Employer-sponsored benefits are minimal for most child care staff. Even for child care providers at child care centers, the availability of health care coverage for staff remains woefully inadequate.
(7)To offer compensation that would be sufficient to attract and retain qualified child care providers, child care programs would have to charge parents fees that many parents could not afford. For programs that serve low-income children whose families qualify for Federal and State child care subsidies, the reimbursement rates set by the State strongly influence the level of compensation that staff receive. Current reimbursement rates for center-based child care services and family child care services are insufficient to recruit and retain qualified child care providers and to ensure high-quality services for children.
(8)Teachers leaving the profession are being replaced by staff with less education and formal training in early child development.
(9)As a result of low wages and limited benefits, many child care providers do not work for long periods in the child care field. Approximately 30 percent of all teaching staff employed at child care centers leaves employment with a child care center each year.
(10)Child care providers, as well as the children, families, and businesses that depend upon the providers, suffer the consequences of inadequate compensation. This is true, with few exceptions, for providers in all types of programs, including subsidized and nonsubsidized programs, programs offered by for-profit and nonprofit entities, and programs in large and small child care settings.
(11)Because of the severe nationwide shortage of qualified staff available for employment by child care programs, several States have recently initiated programs to improve the quality of child care by increasing the training and compensation of child care providers. Such programs encourage the training, education, and increased retention of qualified child care providers by offering financial incentives, including scholarships and increases in compensation, that range from $350 to $6,500 annually.
(12)Family child care providers are almost twice as likely to lack health insurance as the general population. One in four child care centers does not offer health insurance benefits to employees. Even child care providers with health insurance coverage state that it is difficult to afford out-of-pocket health care expenses.
(13)In a study of lower income family child care providers without health insurance, more than half had used emergency room services for their own health care in the past year.
(b)PurposesThe purposes of this Act are—
(1)to establish the Child Care Provider Development and Retention Grant Program, the Child Care Provider Scholarship Program, and a program of child care provider health benefits coverage; and
(2)to help children receive the high quality child care and early education the children need for positive cognitive and social development, by rewarding and promoting the retention of committed, qualified child care providers and by providing financial assistance to improve the educational qualifications of child care providers.
3.DefinitionsIn this Act:
(1)Child care providerThe term child care provider means an individual who provides a service directly to a child on a person-to-person basis for compensation for—
(A)a center-based child care provider that is licensed or regulated under State or local law and that satisfies the State and local requirements applicable to the child care services provided;
(B)a licensed or regulated family child care provider that satisfies the State and local requirements applicable to the child care services provided; or
(C)an out-of-school time program that is licensed or regulated under State or local law and that satisfies the State and local requirements applicable to the child care services provided.
(2)Family Child Care providerThe term family child care provider has the meaning given such term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(3)Indian tribeThe term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(4)Lead agencyThe term lead agency means the agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b).
(5)SecretaryThe term Secretary means the Secretary of Health and Human Services.
(6)StateThe term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
(7)Tribal organizationThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
4.Funds for child care provider development and retention grants, scholarships, and health benefits coverage
(a)In generalFrom amounts appropriated to carry out this Act, the Secretary may allot and distribute funds to eligible States, and make payments to Indian tribes and tribal organizations, to pay for the Federal share of the cost of carrying out activities under sections 7, 8, and 9 for eligible child care providers.
(b)AllotmentsThe funds shall be allotted and distributed, and the payments shall be made, by the Secretary in accordance with section 5, and expended by the States (directly, or at the option of the States, through units of general purpose local government), and by Indian tribes and tribal organizations, in accordance with this Act.
5.Allotments to States
(a)Amounts reserved
(1)Territories and possessionsThe Secretary shall reserve not more than 1/2 of 1 percent of the funds appropriated under section 12(a), and not more than 1/2 of 1 percent of the funds appropriated under section 12(b), for any fiscal year for payments to the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs.
(2)Indian tribes and tribal organizationsThe Secretary shall reserve not more than 3 percent of the funds appropriated under section 12(a), and not more than 3 percent of the funds appropriated under section 12(b), for any fiscal year for payments to Indian tribes and tribal organizations with applications approved under subsection (c).
(b)Allotments to remaining States
(1)General authorityFrom the funds appropriated under section 12(a) for any fiscal year and remaining after the reservations made under subsection (a), and from the funds appropriated under section 12(b) for any fiscal year and remaining after the reservations made under subsection (a), the Secretary shall allot to each State an amount equal to the sum of—
(A)an amount that bears the same ratio to 50 percent of the appropriate remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and
(B)an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States.
(2)Young child factorIn this subsection, the term young child factor means the ratio of the number of children under 5 years of age in the State to the number of such children in all the States, as determined according to the most recent annual estimates of population in the States, as provided by the Bureau of the Census.
(3)School lunch factorIn this subsection, the term school lunch factor means the ratio of the number of children who are receiving free or reduced price lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) in the State to the number of such children in all the States, as determined annually by the Department of Agriculture.
(4)Allotment percentage
(A)In generalExcept as provided in subparagraph (B), for purposes of this subsection, the allotment percentage for a State shall be determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State.
(B)LimitationsFor purposes of this subsection, if an allotment percentage determined under subparagraph (A)—
(i)is more than 1.2 percent, the allotment percentage of that State shall be considered to be 1.2 percent; and
(ii)is less than 0.8 percent, the allotment percentage of the State shall be considered to be 0.8 percent.
(C)Per capita incomeFor purposes of subparagraph (A), per capita income shall be—
(i)determined at 2-year intervals;
(ii)applied for the 2-year period beginning on October 1 of the first fiscal year beginning after the date such determination is made; and
(iii)equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce at the time such determination is made.
(c)Payments to Indian tribes and tribal organizations
(1)Reservation of fundsFrom amounts reserved under subsection (a)(2), the Secretary may make grants to or enter into contracts with Indian tribes and tribal organizations that submit applications under this subsection, to plan and carry out programs and activities—
(A)to encourage child care providers to improve their qualifications;
(B)to retain qualified child care providers in the child care field; and
(C)to provide health benefits coverage for child care providers.
(2)Applications and requirementsTo be eligible to receive a grant or contract under this subsection, an Indian tribe or tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall provide that the applicant—
(A)will coordinate the programs and activities involved, to the maximum extent practicable, with the lead agency in each State in which the applicant will carry out such programs and activities; and
(B)will make such reports on, and conduct such audits of the funds made available through the grant or contract for, programs and activities under this Act as the Secretary may require.
(d)Data and informationThe Secretary shall obtain from each appropriate Federal agency, the most recent data and information necessary to determine the allotments provided for in subsection (b).
(e)Reallotments
(1)In generalAny portion of an allotment under subsection (b) to a State for a fiscal year that the Secretary determines will not be distributed to the State for such fiscal year shall be reallotted by the Secretary to other States in proportion to the original corresponding allotments made under such subsection to such States for such fiscal year.
(2)Limitations
(A)ReductionThe amount of any reallotment to which a State is entitled under this subsection shall be reduced to the extent that such amount exceeds the amount that the Secretary estimates will be distributed to the State to carry out corresponding activities under this Act.
(B)ReallotmentsThe amount of such reduction shall be reallotted to States for which no reduction in a corresponding allotment, or in a corresponding reallotment, is required by this subsection, in proportion to the original corresponding allotments made under subsection (b) to such States for such fiscal year.
(3)Amounts reallottedFor purposes of this Act (other than this subsection and subsection (b)), any amount reallotted to a State under this subsection shall be considered to be part of the corresponding allotment made under subsection (b) to the State.
(4)Indian tribes or tribal organizationsAny portion of a grant or contract made to an Indian tribe or tribal organization under subsection (c) that the Secretary determines is not being used in a manner consistent with the provision of this subchapter in the period for which the grant or contract is made available, shall be used by the Secretary to make payments to other tribes or organizations that have submitted applications under subsection (c) in accordance with their respective needs.
(f)Cost-sharing
(1)Child care provider development and retention grants and scholarships
(A)Federal shareThe Federal share of the cost of carrying out activities under sections 7 and 8, with funds allotted under this section and distributed by the Secretary to a State, shall be—
(i)not more than 90 percent of the cost of each grant made under such sections, in the first fiscal year for which the State receives such funds;
(ii)not more than 85 percent of the cost of each grant made under such sections, in the second fiscal year for which the State receives such funds;
(iii)not more than 80 percent of the cost of each grant made under such sections, in the third fiscal year for which the State receives such funds; and
(iv)not more than 75 percent of the cost of each grant made under such sections, in any subsequent fiscal year for which the State receives such funds.
(B)Non-federal share
(i)In generalThe State may provide the non-Federal share of the cost in cash or in the form of an in-kind contribution, fairly evaluated by the Secretary.
(ii)In-kind contributionIn this subparagraph, the term in-kind contribution means payment of the costs of participation of eligible child care providers in health insurance programs or retirement programs.
(2)Child care provider health benefits coverage
(A)Federal shareThe Federal share of the cost of carrying out activities under section 9, with funds allotted under this section and distributed by the Secretary to a State, shall be not more than 50 percent of such cost.
(B)Non-federal shareThe State may provide the non-Federal share of the cost in cash or in kind, fairly evaluated by the Secretary, including plant, equipment, or services. The State shall provide the non-Federal share directly or through donations from public or private entities. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such share.
(g)Availability of allotted funds distributed to StatesOf the funds allotted under this section for activities described in sections 7 and 8 and distributed by the Secretary to a State for a fiscal year—
(1)not less than 67.5 percent shall be available to the State for grants under section 7;
(2)not less than 22.5 percent shall be available to the State for grants under section 8; and
(3)not more than 10 percent shall be available to pay administrative costs incurred by the State to carry out activities described in sections 7 and 8.
(h)DefinitionFor the purposes of subsections (a) through (e), the term State includes only the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
6.Application and plan
(a)ApplicationTo be eligible to receive a distribution of funds allotted under section 5, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require by rule and shall include in such application—
(1)a State plan that satisfies the requirements of subsection (b); and
(2)assurances of compliance satisfactory to the Secretary with respect to the requirements of section 9.
(b)Requirements of plan
(1)Lead agencyThe State plan shall identify the lead agency to make grants under this Act for the State.
(2)Recruitment and retention of child care providersThe State plan shall describe how the lead agency will encourage both the recruitment of qualified child care providers who are new to the child care field and the retention of qualified child care providers who have a demonstrated commitment to the child care field.
(3)Notification of availability of grants and benefitsThe State plan shall describe how the lead agency will identify all eligible child care providers in the State and notify the providers of the availability of grants and benefits under this Act.
(4)Distribution of grantsThe State plan shall describe how the lead agency will make grants under sections 7 and 8 to eligible child care providers in selected geographical areas in the State in compliance with the following requirements:
(A)Selection of geographical areasFor the purpose of making such grants for a fiscal year, the State shall—
(i)select a variety of geographical areas, determined by the State, that, collectively—
(I)include urban areas, suburban areas, and rural areas; and
(II)are areas whose residents have diverse income levels; and
(ii)give special consideration to geographical areas selected under this subparagraph for the preceding fiscal year.
(B)Selection of child care providers to receive grantsIn making grants under section 7, the State may make grants only to eligible child care providers in geographical areas selected under subparagraph (A), but may give special consideration in such areas to eligible child care providers—
(i)who have attained a higher relevant educational credential;
(ii)who provide a specific kind of child care services;
(iii)who provide child care services to populations who meet specific economic characteristics; or
(iv)who meet such other criteria as the State may establish.
(C)LimitationThe State shall describe how the State will ensure that grants made under section 7 to child care providers will not be used to offset reductions in the compensation of such providers.
(D)Reporting requirementWith respect to each particular geographical area selected under subparagraph (A), the State shall provide an assurance that the State will, for each fiscal year for which such State receives a grant under section 7—
(i)include in the report required by section 10, detailed information regarding—
(I)the continuity of employment of the grant recipients as child care providers with the same employer;
(II)with respect to each employer that employed such a grant recipient, whether such employer was accredited by a recognized national or State accrediting body during the period of employment; and
(III)to the extent practicable and available to the State, the rate and frequency of employment turnover of qualified child care providers throughout such area,during the 2-year period ending on the deadline for submission of applications for grants under section 7 for that fiscal year; and
(ii)provide a follow-up report, not later than 90 days after the end of the succeeding fiscal year that includes information regarding—
(I)the continuity of employment of the grant recipients as child care providers with the same employer;
(II)with respect to each employer that employed such a grant recipient, whether such employer was accredited by a recognized national or State accrediting body during the period of employment; and
(III)to the extent practicable and available to the State, detailed information regarding the rate and frequency of employment turnover of qualified child care providers throughout such area,during the 1-year period beginning on the date on which the grant to the State was made under section 7.
(5)Child Care Provider Development and Retention Grant ProgramThe State plan shall describe how the lead agency will determine the amounts of grants to be made under section 7 in accordance with the following requirements:
(A)Sufficient amountsThe State shall demonstrate that the amounts of individual grants to be made under section 7 will be sufficient—
(i)to encourage child care providers to improve their qualifications; and
(ii)to retain qualified child care providers in the child care field.
(B)Amounts to credentialed providersSuch grants made to eligible child care providers who have a child development associate credential (or equivalent) and who are employed full-time to provide child care services shall be in an amount that is not less than $1,000 per year.
(C)Amounts to providers with higher levels of educationThe State shall make such grants in amounts greater than $1,000 per year to eligible child care providers who have higher levels of education than the education required for a credential such as a child development associate credential (or equivalent), according to the following requirements:
(i)Providers with baccalaureate degrees in relevant fieldsAn eligible child care provider who has a baccalaureate degree in the area of child development or early child education shall receive a grant under section 7 in an amount that is not less than twice the amount of the grant that is made under section 7 to an eligible child care provider who has an associate of the arts degree in the area of child development or early child education.
(ii)Providers with associate degreesAn eligible child care provider who has an associate of the arts degree in the area of child development or early child education shall receive a grant under section 7 in an amount that is not less than 150 percent of the amount of the grant that is made under section 7 to an eligible child care provider who has a child development associate credential (or equivalent) and is employed full-time to provide child care services.
(iii)Other providers with baccalaureate degrees
(I)In generalExcept as provided in subclause (II), an eligible child care provider who has a baccalaureate degree in a field other than child development or early child education shall receive a grant under section 7 in an amount equal to the amount of the grant that is made under section 7 to an eligible child care provider who has an associate of the arts degree in the area of child development or early child education.
(II)ExceptionIf an eligible child care provider who has such a baccalaureate degree obtains additional educational training in the area of child development or early child education, as specified by the State, such provider shall receive a grant under section 7 in an amount equal to the amount of the grant that is made under section 7 to an eligible child care provider who has a baccalaureate degree specified in clause (i).
(D)Amounts to full-time providersThe State shall make a grant under section 7 to an eligible child care provider who works full-time in a greater amount than the amount of the grant that is made under section 7 to an eligible child care provider who works part-time, based on the State definitions of full-time and part-time work.
(E)Amounts to experienced providersThe State shall make grants under section 7 in progressively larger amounts to eligible child care providers to reflect the number of years worked as child care providers.
(6)Distribution of child care provider scholarshipsThe State plan shall describe how the lead agency will make grants for scholarships in compliance with section 8 and shall specify the types of educational and training programs for which the scholarship grants made under such section may be used, including only programs that—
(A)are administered by institutions of higher education that are eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and
(B)lead to a State or nationally recognized credential in the area of child development or early child education, an associate of the arts degree in the area of child development or early child education, or a baccalaureate degree in the area of child development or early child education.
(7)Employer contributionThe State plan shall describe how the lead agency will encourage employers of child care providers to contribute to the attainment of education goals by eligible child care providers who receive grants under section 8.
(8)SupplementationThe State plan shall provide assurances that amounts received by the State to carry out sections 7, 8, and 9 will be used only to supplement, and not to supplant, Federal, State, and local funds otherwise available to support existing services and activities (as of the date the amounts are used) that—
(A)encourage child care providers to improve their qualifications and that promote the retention of qualified child care providers in the child care field; or
(B)provide health benefits coverage for child care providers.
7.Child Care Provider Development and Retention Grant Program
(a)In generalA State that receives funds allotted under section 5 and made available to carry out this section shall expend such funds to pay for the Federal share of the cost of making grants to eligible child care providers in accordance with this section, to improve the qualifications and promote the retention of qualified child care providers.
(b)Eligibility to receive grantsTo be eligible to receive a grant under this section, a child care provider shall—
(1)have a child development associate credential (or equivalent), an associate of the arts degree in the area of child development or early child education, a baccalaureate degree in the area of child development or early child education, or a baccalaureate degree in an unrelated field; and
(2)be employed as a child care provider for not less than 1 calendar year, or (if the provider is employed on the date of the eligibility determination in a child care program that operates for less than a full calendar year) the program equivalent of 1 calendar year, ending on the date of the application for such grant, except that not more than 3 months of education related to child development or to early child education obtained during the corresponding calendar year may be treated as employment that satisfies the requirements of this paragraph.
(c)Preservation of eligibilityA State shall not take into consideration whether a child care provider is receiving, may receive, or may be eligible to receive any funds or benefits under any other provision of this Act for purposes of selecting eligible child care providers to receive grants under this section.
8.Child Care Provider Scholarship Program
(a)In generalA State that receives funds allotted under section 5 and made available to carry out this section shall expend such funds to pay for the Federal share of the cost of making scholarship grants to eligible child care providers in accordance with this section, to improve their educational qualifications to provide child care services.
(b)Eligibility requirement for scholarship grantsTo be eligible to receive a scholarship grant under this section, a child care provider shall be employed as a child care provider for not less than 1 calendar year, or (if the provider is employed on the date of the eligibility determination in a child care program that operates for less than a full calendar year) the program equivalent of 1 calendar year, ending on the date of the application for such grant.
(c)Selection of granteesFor purposes of selecting eligible child care providers to receive scholarship grants under this section and determining the amounts of such grants, a State shall not—
(1)take into consideration whether a child care provider is receiving, may receive, or may be eligible to receive any funds or benefits under any other provision of this Act, or under any other Federal or State law that provides funds for educational purposes; or
(2)consider as resources of such provider any funds such provider is receiving, may receive, or may be eligible to receive under any other provision of this Act, under any other Federal or State law that provides funds for educational purposes, or from a private entity.
(d)Cost-sharing requiredThe amount of a scholarship grant made under this section to an eligible child care provider shall be less than the cost of the educational or training program for which such grant is made.
(e)Annual maximum scholarship grant amountThe maximum aggregate dollar amount of a scholarship grant made by a State to an eligible child care provider under this section in a fiscal year shall be $1,500.
9.Child care provider health benefits coverage
(a)Short titleThis section may be cited as the Healthy Early Education Workforce Grant Program Act .
(b)DefinitionIn this section, the terms dependent, domestic partner, and spouse, used with respect to a State, have the meanings given the terms by the State.
(c)General authorityA State that receives funds allotted under section 5 and made available to carry out this section shall expend such funds to pay for the Federal share of the cost of providing access to affordable health benefits coverage for—
(1)eligible child care providers; and
(2)at the discretion of the State involved, the spouses, domestic partners, and dependents of such providers.
(d)Permissible activitiesIn carrying out subsection (c), the State may expend such funds for any of the following:
(1)To reimburse an employer of an eligible child care provider, or the provider, for the employer’s or provider’s share (or a portion of the share) of the premiums or other costs for coverage under group or individual health plans.
(2)To offset the cost of enrolling eligible child care providers in public health benefits plans, such as the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State children’s health insurance program under title XXI of such Act (42 U.S.C. 1397aa et seq.), or public employee health benefit plans.
(3)To otherwise subsidize the cost of health benefits coverage for eligible child care providers.
(e)Eligibility criteria for health benefits coverageThe State may establish criteria to limit the child care providers who may receive benefits through the allotment.
(f)Selection of granteesFor purposes of selecting eligible child care providers to receive benefits under this section for a fiscal year, a State shall give—
(1)highest priority to—
(A)providers that meet any applicable criteria established in accordance with subsection (e) and received such assistance during the previous fiscal year; and
(B)at the State’s discretion, the spouses, domestic partners, and dependents of such providers; and
(2)second highest priority to—
(A)providers that meet any applicable criteria established in accordance with subsection (e) and are accredited by the National Association for the Education of Young Children or the National Association for Family Child Care; and
(B)at the State’s discretion, the spouses, domestic partners, and dependents of such providers.
10.Annual reportA State that receives funds appropriated to carry out this Act for a fiscal year shall submit to the Secretary, not later than 90 days after the end of such fiscal year, a report—
(1)specifying the uses for which the State expended such funds, and the aggregate amount of funds (including State funds) expended for each of such uses;
(2)containing available data relating to grants made and benefits provided with such funds, including—
(A)the number of eligible child care providers who received such grants and benefits;
(B)the amounts of such grants and benefits;
(C)any other information that describes or evaluates the effectiveness of this Act;
(D)the particular geographical areas selected under section 6 for the purpose of making such grants;
(E)with respect to grants made under section 7—
(i)the number of years grant recipients have been employed as child care providers;
(ii)the level of training and education of grant recipients;
(iii)to the extent practicable and available to the State, detailed information regarding the salaries and other compensation received by grant recipients to provide child care services before, during, and after receiving such grants;
(iv)the number of children who received child care services provided by grant recipients;
(v)information on family demographics of such children;
(vi)the types of settings described in subparagraphs (A), (B), and (C) of section 3(1) in which grant recipients are employed; and
(vii)the ages of the children who received child care services provided by grant recipients;
(F)with respect to grants made under section 8—
(i)the number of years grant recipients have been employed as child care providers;
(ii)the level of training and education of grant recipients;
(iii)to the extent practicable and available to the State, detailed information regarding the salaries and other compensation received by grant recipients to provide child care services before, during, and after receiving such grants;
(iv)the types of settings described in subparagraphs (A), (B), and (C) of section 3(1) in which grant recipients are employed;
(v)the ages of the children who received child care services provided by grant recipients;
(vi)the number of course credits or credentials obtained by grant recipients; and
(vii)the amount of time taken for completion of the educational and training programs for which such grants were made; and
(G)such other information as the Secretary may require by rule.
11.Evaluation of health benefits programs by Secretary
(a)EvaluationThe Secretary shall conduct an evaluation of several State programs carried out with grants made under section 9, representing various approaches to raising the rate of child care providers with health benefits coverage.
(b)Assessment of impactsIn evaluating State programs under subsection (a), the Secretary may consider any information appropriate to measure the success of the programs, and shall assess the impact of the programs on the following:
(1)The rate of child care providers with health benefits coverage.
(2)The take-up rate by eligible child care providers.
(3)The turnover rate in the child care field.
(4)The average wages paid to a child care provider.
(c)ReportNot later than 3 years after the date of enactment of this Act, the Secretary shall prepare and submit a report to Congress containing the results of the evaluation conducted under subsection (a), together with recommendations for strengthening programs carried out with grants made under section 9.
12.Authorization of appropriations
(a)Child care provider development, retention, and scholarshipsThere are authorized to be appropriated to carry out the activities described in sections 7 and 8 $500,000,000 for fiscal year 2006 and such sums as may be necessary for each of fiscal years 2007 through 2010.
(b)Child care provider health benefits coverageThere is authorized to be appropriated to carry out the activities described in section 9 $200,000,000 for fiscal year 2006 and such sums as may be necessary for each of fiscal years 2007 through 2010.


113 SRES 190 IS: Expressing the sense of the Senate that foreign assistance for child welfare should adhere to the goals of the United States Government Action Plan on Children in Adversity.
U.S. Senate
2013-06-27
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
		113th CONGRESS
		1st Session
		S. RES. 190
		IN THE SENATE OF THE UNITED STATES

			June 27, 2013
			Mr. Inhofe (for himself
			 and Ms. Landrieu) submitted the following
			 resolution; which was referred to the Committee on Foreign
			 Relations

		RESOLUTION
		Expressing the sense of the Senate that foreign
		  assistance for child welfare should adhere to the goals of the United States
		  Government Action Plan on Children in Adversity.

		Whereas, as of 2013, there are at least 153,000,000
			 children in the world who have lost at least 1 parent, and of those children,
			 approximately 17,800,000 have lost both parents;
		Whereas more than 400,000,000 children in developing
			 countries are living in extreme poverty;
		Whereas more than 115,000,000 children are engaged in
			 hazardous work and more than 5,500,000 children are in situations of forced
			 labor;
		Whereas 36 percent of girls and 29 percent of boys around
			 the world have been sexually abused;
		Whereas at least 2,000,000, and probably many more,
			 children are raised in institutional care;
		Whereas millions of children throughout the world live
			 under conditions of serious deprivation or danger, and children who experience
			 violence or are exploited, abandoned, abused, or severely neglected also face
			 significant threats to their survival and well-being, as well as profound risks
			 that have an impact on their human, social, and economic development;
		Whereas children in the most dire circumstances, including
			 children without protective family care, or who are living in abusive
			 households, on the streets, or in institutions, trafficked, participating in
			 armed groups, or exploited for their labor, face a multitude of risks posed by
			 extreme poverty, disease, disability, conflict, and disaster;
		Whereas family reunification, kinship care, and domestic
			 and intercountry adoption promote permanency and stability to a far greater
			 degree than long-term institutionalization;
		Whereas permanent family care, transitioning children from
			 institutions into protective family care, and preventing violence within
			 households and in schools are associated with reduced infant and child
			 mortality, decreased grade repetition, decreased future criminal activity,
			 decreased drug use and abuse, fewer teen pregnancies, and higher economic
			 earning potential;
		Whereas past efforts by the United States to assist
			 vulnerable children in low- and middle-income countries have not always been
			 coordinated among the Federal agencies responsible for foreign assistance, and
			 that lack of coordination has sometimes resulted in a fragmented
			 response;
		Whereas, with the increasing number of children in need,
			 limitations on Federal funding, and multiple Federal agencies involved in
			 efforts to assist children in need, it is more important than ever to improve
			 the coordination and coherence of those efforts in order to maximize the effect
			 on children;
		Whereas the Assistance for Orphans and Other Vulnerable
			 Children in Developing Countries Act of 2005 (Public Law 109–95; 119 Stat.
			 2111), which passed the House of Representatives by a vote of 415 to 9 and
			 passed the Senate by unanimous consent, called for a comprehensive,
			 coordinated, and effective response on the part of the Government of the United
			 States to assist the most vulnerable children in the world;
		Whereas the Special Advisor for Assistance for Orphans and
			 Vulnerable Children appointed under section 135(e) of the Foreign Assistance
			 Act of 1961 (22 U.S.C. 2152f(e)), in coordination with 7 Federal agencies,
			 released the United States Government Action Plan on Children in Adversity as
			 the first-ever whole-of-government strategic guidance for foreign assistance
			 for children provided by the United States; and
		Whereas the United States Government Action Plan on
			 Children in Adversity seeks to ensure that all activities of the Government of
			 the United States are coordinated among appropriate Federal agencies and
			 integrated into relevant foreign policy initiatives of the United States, with
			 the goal of promoting permanent family care and integrating evidence-based
			 practices that are in the best interest of children: Now, therefore, be
			 it

		That it is the sense of the Senate
			 that—
			(1)a comprehensive
			 action plan for addressing the needs of children living in adversity should be
			 sanctioned by the highest level of the Government of the United States;
			(2)Federal funding
			 that currently goes toward projects and research benefitting children in low-
			 and middle-income countries should be coordinated among the Federal agencies
			 that receive it with the goals of—
				(A)promoting
			 permanent family care for the most vulnerable children in the world;
				(B)reducing the
			 number of children who experience violence, exploitation, or abuse; and
				(C)eliminating
			 unnecessary duplication and contradictory approaches within the Government of
			 the United States; and
				(3)the United States Government Action Plan on
			 Children in Adversity has the potential to realize those goals and create a
			 more effective and efficient response by the Government of the United States to
			 assisting the most vulnerable children in the world.


117 S1196 IS: Mollie Baldwin Upskilling of Personal and Home Care Aides Act
U.S. Senate
2021-04-15
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. 1196IN THE SENATE OF THE UNITED STATESApril 15, 2021Mr. King introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend subtitle A of title XX of the Social Security Act to fund additional projects that focus on competency-based training for personal or home care aides, and for other purposes.1.Short titleThis Act may be cited as the Mollie Baldwin Upskilling of Personal and Home Care Aides Act.2.Expansion of health and human services professions workforce projectsSection 2008 of the Social Security Act (42 U.S.C. 1397g) is amended by adding at the end the following new subsection:(e)Expansion of health and human services professions workforce projects(1)Authority to award grantsThe Secretary, in consultation with the Secretary of Labor, shall award grants to eligible entities to conduct projects— (A)that employ upskilling training models that focus on competency-based training for— (i)personal or home care aides (as defined in subsection (b));(ii)direct support professionals;(iii)home health aides; and(iv)nursing assistants;(B)that are designed to provide eligible individuals with the opportunity to obtain education and training for positions as personal or home care aides (as so defined), direct support professionals, home health aides, or nursing assistants that pay a living wage and are expected to either experience labor shortages or be in high demand; and (C)for which grants were awarded under subsection (a).(2)Selection of projects(A)Requirements for eligible entitiesAn eligible entity seeking to receive a grant under this subsection to conduct a project shall demonstrate—(i)that the eligible entity has successfully conducted the project in the past; and(ii)that the project implements the core training competencies for personal or home care aides described in subsection (b)(3)(A). (B)Priority for rural areas and underserved urban areas(i)In generalIn awarding grants under this subsection, the Secretary shall give priority to projects that support— (I)rural areas (as defined in section 2007(f)); or(II)underserved urban areas (including urban health professional shortage areas (as defined in section 332 of the Public Health Service Act)).(ii)Threshold for prioritized projectsIn awarding grants under this subsection, the Secretary shall ensure that not less than 50 percent of the grants awarded under this subsection shall be for projects described in clause (i).(3)Reports and evaluation(A)Eligible entitiesAn eligible entity awarded a grant to expand a project under this subsection shall submit interim reports to the Secretary on the activities carried out under the project and a final report on such activities upon the conclusion of the entities' participation in the project.(B)EvaluationThe Secretary shall, by grant, contract, or interagency agreement, evaluate the projects conducted under this subsection. Such evaluation shall include identification of successful activities for creating opportunities for developing and sustaining, particularly with respect to low-income individuals and other entry-level workers, a health and human services professions workforce that has accessible entry points, that meets high standards for education, training, certification, and professional development, that provides increased wages and affordable benefits, including health care coverage, that are responsive to the workforce's needs, and that is responsive to the needs of diverse racial and ethnic communities.(C)Report to CongressThe Secretary shall submit interim reports and, based on the evaluation conducted under subparagraph (B), a final report to Congress on the projects conducted under this subsection.(4)DefinitionsAny term used in this subsection that is also used in subsection (a) shall have the same meaning for purposes of this subsection as such term has in such subsection (a).(5)FundingOut of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2032..


116 HR 5656 IH: Working Families Flexibility Act of 2020
U.S. House of Representatives
2020-01-17
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.

I116th CONGRESS2d SessionH. R. 5656IN THE HOUSE OF REPRESENTATIVESJanuary 17, 2020Mrs. Roby (for herself, Ms. Foxx of North Carolina, Mr. David P. Roe of Tennessee, Mr. Thompson of Pennsylvania, Mr. Guthrie, Mr. Byrne, Mr. Grothman, Mr. Allen, Mr. Walker, Mr. Taylor, Mr. Johnson of South Dakota, Mr. Smith of Nebraska, Mr. Brooks of Alabama, Mrs. Rodgers of Washington, and Ms. Stefanik) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the
			 private sector.

 1.Short titleThis Act may be cited as the Working Families Flexibility Act of 2020. 2.Compensatory timeSection 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:

				(s)Compensatory time off for private employees
 (1)General ruleAn employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section.
 (2)ConditionsAn employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with—
 (A)applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or
 (B)in the case of an employee who is not represented by a labor organization that has been certified or recognized as the representative of such employee under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)—
 (i)in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and
 (ii)entered into knowingly and voluntarily by such employee and not as a condition of employment. No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1,000 hours for the employee’s employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off.(3)Hour limit (A)Maximum hoursAn employee may accrue not more than 160 hours of compensatory time.
 (B)Compensation dateNot later than January 31 of each calendar year, the employee’s employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer’s employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period.
 (C)Excess of 80 hoursThe employer may provide monetary compensation for an employee’s unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6).
 (D)PolicyExcept where a collective bargaining agreement provides otherwise, an employer that has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice.
 (E)Written requestAn employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).
 (4)Private employer actionsAn employer that provides compensatory time under paragraph (1) to an employee shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of—
 (A)interfering with such employee’s rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or
 (B)requiring any employee to use such compensatory time. (5)Termination of employmentAn employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6).
					(6)Rate of compensation
 (A)General ruleIf compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than—
 (i)the regular rate earned by such employee when the compensatory time was accrued; or (ii)the regular rate earned by such employee at the time such employee received payment of such compensation,
 whichever is higher.(B)Consideration of paymentAny payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation.
 (7)Use of timeAn employee— (A)who has accrued compensatory time off authorized to be provided under paragraph (1); and
 (B)who has requested the use of such compensatory time, shall be permitted by the employee’s employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer.(8)DefinitionsFor purposes of this subsection—
 (A)the term employee does not include an employee of a public agency; and (B)the terms overtime compensation and compensatory time shall have the meanings given such terms by subsection (o)(7)..
 3.RemediesSection 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended— (1)in subsection (b), by striking (b) Any employer and inserting (b) Except as provided in subsection (f), any employer; and
 (2)by adding at the end the following:  (f)An employer that violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee..
 4.Notice to employeesNot later than 30 days after the date of enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published in section 516.4 of title 29, Code of Federal Regulations, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act.
 5.GAO reportBeginning 2 years after the date of enactment of this Act and each of the 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress providing, with respect to the reporting period immediately prior to each such report—
 (1)data concerning the extent to which employers provide compensatory time pursuant to section 7(s) of the Fair Labor Standards Act of 1938, as added by this Act, and the extent to which employees opt to receive compensatory time;
 (2)the number of complaints alleging a violation of such section filed by any employee with the Secretary of Labor;
 (3)the number of enforcement actions commenced by the Secretary or commenced by the Secretary on behalf of any employee for alleged violations of such section;
 (4)the disposition or status of such complaints and actions described in paragraphs (2) and (3); and (5)an account of any unpaid wages, damages, penalties, injunctive relief, or other remedies obtained or sought by the Secretary in connection with such actions described in paragraph (3).
 6.SunsetThis Act and the amendments made by this Act shall cease to be in effect on the date that is 5 years after the date of enactment of this Act.