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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Ban the Box Act''.

SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO CRIMINAL RECORD OF
APPLICANTS.

(a) In General.--Except as provided in subsection (b), it shall be
an unlawful employment practice for any employer to make inquiries of
an applicant for employment or otherwise seek information about such an
applicant (including through the use of any form or application)
relating to whether such applicant has ever been convicted of a
criminal offense.
(b) Exception.--Notwithstanding subsection (a), an employer may
make inquiries of an applicant or otherwise seek information about the
applicant relating to whether such applicant has ever been convicted of
a criminal offense--
(1) after a conditional offer for employment has been
extended to an applicant; or
(2) where the granting of employment may involve an
unreasonable risk to the safety of specific individuals or to
the general public.

SEC. 3. RULEMAKING.

Not later than 1 year after the date of enactment of this Act, the
Commission shall issue rules--
(1) defining categories of employment where an individual's
past criminal history may involve an unreasonable risk to the
safety of specific individuals or to the general public; and
(2) factors to be considered by employers in assessing
whether an individual's past criminal history poses such an
unreasonable risk.

SEC. 4. ENFORCEMENT.

(a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
(1) In general.--The powers, procedures, and remedies
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.)
shall be the powers, procedures, and remedies this title
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment practice
in violation of this title against an employee described in
section 5(2)(A), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, or any person, alleging
such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, or any person, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes of the United
States).
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
that Act (2 U.S.C. 1301)), or any person, alleging a violation
of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
the powers, remedies, and procedures this title provides to
that Board, or any person, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(B), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
that Board, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to that Board, or
any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
seq.) shall apply in the same manner as such title applies with
respect to a claim alleging a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person, alleging a violation of section 411(a)(1) of
that title, shall be the powers, remedies, and procedures this
title provides to the President, the Commission, such Board, or
any person, respectively, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(C), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the President, the Commission, such Board, or any person,
alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the President,
the Commission, such Board, or any person, alleging such a
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes of
the United States).
(d) Employees Covered by Government Employee Rights Act of 1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this title provides to the
Commission, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an
employee described in section 5(2)(D), except as provided in
paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
or any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person, alleging a violation of
that section shall be the powers, remedies, and procedures this
title provides to the Commission, the Attorney General, the
Librarian of Congress, or any person, respectively, alleging an
unlawful employment practice in violation of this title against
an employee or applicant described in section 2(2)(E), except
as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, the Librarian of
Congress, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, the Librarian of Congress, or any person,
alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes of the United States).

SEC. 5. DEFINITIONS.

As used in this Act--
(1) the term ''Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ''employer''--
(A) has the meaning given such term in section
701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301) and section 411(c)
of title 3, United States Code;
(ii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (12 U.S.C.
1220(a)); and
(iii) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(3) the term ''employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (12 U.S.C. 1220(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies; and
(4) the term ''person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)).

SEC. 6. EFFECTIVE DATE.

This Act shall take effect beginning 1 year after the date of the
enactment of this Act.
Ban the Box Act - Makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's conviction for a criminal offense.

Sets forth exceptions authorizing an employer to seek such information: (1) after a conditional offer for employment has been extended to an applicant, or (2) where the granting of employment may involve an unreasonable risk to the safety of specific individuals or the general public.

Directs the Equal Employment Opportunity Commission (EEOC) to issue rules indentifying factors to be considered by employers in assessing whether an individual's past criminal history poses such an unreasonable risk within defined categories of employment.

Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Drug Competition Act of 2002''.

SEC. 2. FINDINGS.

Congress finds that--
(1) prescription drug prices are increasing at an alarming
rate and are a major worry of many senior citizens and American
families;
(2) there is a potential for companies with patent rights
regarding brand name drugs and companies which could
manufacture generic versions of such drugs to enter into
financial deals that could tend to restrain trade and greatly
reduce competition and increase prescription drug expenditures
for American citizens; and
(3) enhancing competition among these companies can
significantly reduce prescription drug expenditures for
Americans.

SEC. 3. PURPOSES.

The purposes of this Act are--
(1) to provide timely notice to the Department of Justice
and the Federal Trade Commission regarding agreements between
companies with patent rights regarding brand name drugs and
companies which could manufacture generic versions of such
drugs; and
(2) by providing timely notice, to enhance the
effectiveness and efficiency of the enforcement of the
antitrust and competition laws of the United States.

SEC. 4. DEFINITIONS.

In this Act:
(1) ANDA.--The term ''ANDA'' means an Abbreviated New Drug
Application, as defined under section 201(aa) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(aa)).
(2) Assistant attorney general.--The term ''Assistant
Attorney General'' means the Assistant Attorney General in
charge of the Antitrust Division of the Department of Justice.
(3) Brand name drug.--The term ''brand name drug'' means a
drug approved under section 505(c) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(c)).
(4) Brand name drug company.--The term ''brand name drug
company'' means the party that received Food and Drug
Administration approval to market a brand name drug pursuant to
an NDA, where that drug is the subject of an ANDA, or a party
owning or controlling enforcement of any patent listed in the
Approved Drug Products With Therapeutic Equivalence Evaluations
of the Food and Drug Administration for that drug, under
section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)).
(5) Commission.--The term ''Commission'' means the Federal
Trade Commission.
(6) Generic drug.--The term ''generic drug'' means a
product that the Food and Drug Administration has approved
under section 505(j) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)).
(7) Generic drug applicant.--The term ''generic drug
applicant'' means a person who has filed or received approval
for an ANDA under section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).
(8) NDA.--The term ''NDA'' means a New Drug Application, as
defined under section 505(b) et seq. of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(b) et seq.)

SEC. 5. NOTIFICATION OF AGREEMENTS.

(a) In General.--
(1) Requirement.--A generic drug applicant that has
submitted an ANDA containing a certification under section
505(j)(2)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(2)(vii)(IV)) and a brand name drug company
that enter into an agreement described in paragraph (2), prior
to the generic drug that is the subject of the application
entering the market, shall each file the agreement as required
by subsection (b).
(2) Definition.--An agreement described in this paragraph
is an agreement regarding--
(A) the manufacture, marketing or sale of the brand
name drug that is the subject of the generic drug
applicant's ANDA;
(B) the manufacture, marketing or sale of the
generic drug that is the subject of the generic drug
applicant's ANDA; or
(C) the 180-day period referred to in section
505(j)(5)(B)(iv) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) as it applies
to such ANDA or to any other ANDA based on the same
brand name drug.
(b) Filing.--
(1) Agreement.--The generic drug applicant and the brand
name drug company entering into an agreement described in
subsection (a)(2) shall file with the Assistant Attorney
General and the Commission the text of any such agreement,
except that the generic drug applicant and the brand-name drug
company shall not be required to file an agreement that solely
concerns--
(A) purchase orders for raw material supplies;
(B) equipment and facility contracts;
(C) employment or consulting contracts; or
(D) packaging and labeling contracts.
(2) Other agreements.--The generic drug applicant and the
brand name drug company entering into an agreement described in
subsection (a)(2) shall file with the Assistant Attorney
General and the Commission the text of any other agreements not
described in subsection (a)(2) between the generic drug
applicant and the brand name drug company which are contingent
upon, provide a contingent condition for, or are otherwise
related to an agreement which must be filed under this Act.
(3) Description.--In the event that any agreement required
to be filed by paragraph (1) or (2) has not been reduced to
text, both the generic drug applicant and the brand name drug
company shall file written descriptions of the non-textual
agreement or agreements that must be filed sufficient to reveal
all of the terms of the agreement or agreements.

SEC. 6. FILING DEADLINES.

Any filing required under section 5 shall be filed with the
Assistant Attorney General and the Commission not later than 10
business days after the date the agreements are executed.

SEC. 7. DISCLOSURE EXEMPTION.

Any information or documentary material filed with the Assistant
Attorney General or the Commission pursuant to this Act shall be exempt
from disclosure under section 552 of title 5, and no such information
or documentary material may be made public, except as may be relevant
to any administrative or judicial action or proceeding. Nothing in this
section is intended to prevent disclosure to either body of Congress or
to any duly authorized committee or subcommittee of the Congress.

SEC. 8. ENFORCEMENT.

(a) Civil Penalty.--Any brand name drug company or generic drug
applicant which fails to comply with any provision of this Act shall be
liable for a civil penalty of not more than $11,000, for each day
during which such entity is in violation of this Act. Such penalty may
be recovered in a civil action brought by the United States, or brought
by the Commission in accordance with the procedures established in
section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)).
(b) Compliance and Equitable Relief.--If any brand name drug
company or generic drug applicant fails to comply with any provision of
this Act, the United States district court may order compliance, and
may grant such other equitable relief as the court in its discretion
determines necessary or appropriate, upon application of the Assistant
Attorney General or the Commission.

SEC. 9. RULEMAKING.

The Commission, with the concurrence of the Assistant Attorney
General and by rule in accordance with section 553 of title 5 United
States Code, consistent with the purposes of this Act--
(1) may define the terms used in this Act;
(2) may exempt classes of persons or agreements from the
requirements of this Act; and
(3) may prescribe such other rules as may be necessary and
appropriate to carry out the purposes of this Act.

SEC. 10. SAVINGS CLAUSE.

Any action taken by the Assistant Attorney General or the
Commission, or any failure of the Assistant Attorney General or the
Commission to take action, under this Act shall not bar any proceeding
or any action with respect to any agreement between a brand name drug
company and a generic drug applicant at any time under any other
provision of law, nor shall any filing under this Act constitute or
create a presumption of any violation of any antitrust or competition
laws.

SEC. 11. EFFECTIVE DATE.

This Act shall--
(1) take effect 30 days after the date of enactment of this
Act; and
(2) shall apply to agreements described in section 5 that
are entered into 30 days after the date of enactment of this
Act.

Passed the Senate November 18, 2002.

Attest:

JERI THOMSON,

Secretary.
Drug Competition Act of 2002 - (Sec. 5) Requires a generic drug applicant that has submitted an Abbreviated New Drug Application (ANDA) and a brand name drug company that enter into an agreement, prior to the generic drug entering the market, regarding the manufacture, marketing, or sale of the brand name or the generic drug, or regarding the 180-day semi-exclusivity period referred to in the Federal Food, Drug, and Cosmetic Act as it applies to such ANDA or any other ANDA based on the same brand name drug, to each file such agreement and any related agreements with the Assistant Attorney General and the Federal Trade Commission (FTC). Makes an exception for agreements that solely concern purchase orders for raw material supplies, equipment and facility contracts, or employment or consulting contracts. Requires such agreements to be filed not later than ten business days after the date they are executed.(Sec. 7) Exempts any such information or documentary material filed from disclosure under the Freedom of Information Act. Prohibits such information or material from being made public, except as relevant to any administrative or judicial action or proceeding.(Sec. 8) Subjects an applicant or company to a civil penalty of up to $11,000 for each day such entity fails to comply with this Act, recoverable in a civil action brought by the United States or the FTC. Authorizes a U.S. district court to order compliance and grant equitable relief.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Shortening Hours and Retaining
Employees Credit Act of 2009'' or the ''SHARE Credit Act of 2009''.

SEC. 2. PURPOSE.

The purpose of this Act is to keep Americans working by encouraging
employers to hold wages constant while decreasing employee work hours
as a means of providing an alternative to layoffs and promoting labor
demand in the private sector.

SEC. 3. WORK SHARE CREDIT.

(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by adding at the end the following new section:

''SEC. 36B. WORK SHARE CREDIT.

''(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle an amount equal the wages paid or incurred
by the taxpayer during the taxable year to each qualified work share
employee.
''(b) Maximum Credit Per Employee.--The credit allowed by this
section with respect to each qualified work share employee shall not
exceed the lesser of--
''(1) $3,000, or
''(2) 10 percent of the wages paid or incurred to the
employee for periods (during the taxable year) during which the
employee did not perform services for the employer by reason of
a reduction described in subsection (d)(1)(A)(ii)(II).
''(c) Qualified Work Share Employee.--For purposes of this
section--
''(1) In general.--The term 'qualified work share employee'
means any employee of the taxpayer for any period if--
''(A) substantially all of the services performed
during such period by such employee for such employer
are performed in the United States in a trade or
business of the employer, and
''(B) such employee is participating in a qualified
work share program of the employer.
''(2) Exceptions.--Such term shall not include any
individual who is described in any subparagraph of section
1396(d)(2).
''(d) Qualified Work Share Program.--For purposes of this section--
''(1) In general.--The term 'qualified work share program'
means any written program of the employer--
''(A) under which employees who participate in the
program--
''(i) perform the same functions they would
have performed were they not participants in
the program, and
''(ii) receive the same wages and benefits
that they would have received--
''(I) were they not participants in
the program, and
''(II) without regard to any
reduction in the hours of the
employee's service (including any
reduction in the form of increased
required paid leave or paid vacation)
required by the employer as a condition
of participating in the program,
''(B) which is determined by the Secretary to have
adequate recordkeeping and reporting procedures to
comply with the requirements under this section,
''(C) which meets the disclosure requirements of
paragraph (2), and
''(D) which meets rules similar to the rules of
paragraphs (2), (3), and (6) of section 127(d).
The application of this paragraph to individuals employed on an
hourly basis shall be determined under regulations prescribed
by the Secretary.
''(2) Employer compliance disclosure.--A program meets the
disclosure requirements of the paragraph if--
''(A) in the case of an employer with a publicly
accessible Internet website, the employer posts the
hour reductions made for the purpose of qualifying for
a credit under this section within 24 hours of such
reductions being authorized by the employer, and
''(B) in the case of any other employer, the
employer transfers information, including the amount of
hour reductions made for the purpose of qualifying for
a credit under this section, to the Secretary within 24
hours of such reductions being authorized by the
employer.
''(e) Wages.--For purposes of this section, the term 'wages' has
the meaning given to such term by section 51(c).
''(f) Controlled Groups.--Rules similar to the rules of subsections
(b) and (c) of section 1397 shall apply for purposes of this
section.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ''36B(a),'' after ''45P(a),''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ''36B,'' after ''36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:

''Sec. 36B. Work share credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to qualified work shares initiated after the date of the
enactment of this Act in taxable years ending after such date.
(e) Payments to Governments and Other Tax-exempt Entities.--
(1) In general.--In the case of any entity to which this
subsection applies, the Secretary of the Treasury shall pay
(without interest) to such entity an amount equal to the credit
which would be allowed under section 36B of the Internal
Revenue Code of 1986 (as added by this section) were such
entity subject to the taxes imposed by chapter 1 of such Code.
(2) Entities entitled to payments.--This subsection shall
apply to--
(A) any State, political subdivision of a State, or
agency or instrumentality of one or more States or
political subdivisions, and
(B) any organization exempt from tax under section
501(a) of such Code (other than an organization
required to make a return of the tax imposed under
subtitle A of such Code for the taxable year).
(3) Time for filing claims; period covered.--Not more than
one claim may be filed under paragraph (1) by any entity with
respect to wages paid or incurred during any calendar year, and
no claim shall be allowed under this paragraph with respect to
any calendar year unless filed by such entity not later than 3
years after the close of such calendar year.
(f) Use of Payroll Tax Data for Employer Compliance Purposes.--No
later than 60 days after the enactment of this Act, the Secretary of
the Treasury shall establish a system--
(1) to verify employer compliance with section 36B of the
Internal Revenue Code of 1986 (as added by this section) using
payroll tax data, and
(2) to allow employers to comply with the requirements in
section 36B(d)(2) of such Code (as so added).
Shortening Hours and Retaining Employees Credit Act of 2009 or the SHARE Credit Act of 2009 - Amends the Internal Revenue Code to allow employers a refundable tax credit for wage subsidies paid to employees whose hours are reduced in accordance with a qualified work share program (i.e., a written employer plan under which employees work fewer hours without a reduction in pay). Limits the amount of such credit to the lesser of $3,000 per employee or 10% of the wages for periods in which an employee's hours are reduced under a work share program.