The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the U.S. Dept of Labor was published in the Senate section on pages S3812-S3813 on June 18, 2014.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HARKIN (for himself, Mrs. Murray, Mr. Sanders, Mr. Casey,
Ms. Warren, Mr. Leahy, Mrs. Boxer, Mr. Brown, and Mr. Markey):
S. 2486. A bill to amend the Fair Labor Standards Act of 1938 to establish salary thresholds for and limitations on executive, administrative, and professional employees and address highly compensated employees, for purposes of the requirements for exemption from the Federal minimum wage and maximum hour provisions, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 2486
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Overtime Pay for Working Americans Act''.
SEC. 2. SALARY THRESHOLDS, HIGHLY COMPENSATED EMPLOYEES, AND
PRIMARY DUTIES.
(a) Salary Thresholds for Executive, Administrative, and Professional Employees.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)(1), by inserting before ``; or'' the following: ``, subject to the requirement that any employee whom the Secretary determines is required to be paid on a salary (or equivalent fee basis) in order to be exempt under this subsection shall, in order to be so exempt, receive compensation at a rate of not less than the salary rate (or equivalent fee basis) determined under subsection (k)''; and
(2) by adding at the end the following:
``(k) Salary Rate (or Equivalent Fee Basis).--
``(1) In general.--The salary rate (or equivalent fee basis) determined under this subsection for purposes of subsection (a)(1) shall be--
``(A) beginning 1 year after the first day of the first month that begins after the date of enactment of the Restoring Overtime Pay for Working Americans Act, $665 per week;
``(B) beginning 2 years after such first day, $865 per week;
``(C) beginning 3 years after such first day, $1,090 per week; and
``(D) beginning on the date that is 4 years after such first day, and on such first day in each succeeding year, an adjusted amount that is--
``(i) not less than the amount in effect under this paragraph on the day before the date of such adjustment;
``(ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and
``(iii) rounded to the nearest multiple of $1.00.
``(2) Special rule.--Notwithstanding paragraph (1), for any employee for whom the minimum wage would otherwise be determined pursuant to section 8103(b) of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 note), the Secretary may determine, through regulations, the salary rate (or equivalent fee basis).
``(l) Primary Duty.--In any case where an employer classifies an employee as an employee employed in a bona fide executive, administrative, or professional capacity, for the purpose of subsection (a)(1), or in a position described in subsection (a)(17), for the purpose of such subsection, such employee shall not spend more than 50 percent of such employee's work hours in a workweek on duties that are not exempt under paragraph (1) or (17) of subsection (a), respectively.
``(m) Definitions.--For the purposes of this section:
``(1) Annual percentage increase.--The term `annual percentage increase', when used in reference to the Consumer Price Index for Urban Wage Earners and Clerical Workers, means the annual percentage increase calculated by the Secretary by comparing such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with such Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively.
``(2) Consumer price index for urban wage earners and clerical workers.--The term `Consumer Price Index for Urban Wage Earners and Clerical Workers' means the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics.''.
(b) Highly Compensated Employees.--
(1) In general.--If the Secretary of Labor, in the discretion of such Secretary, determines that an employee may be exempt for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), as a highly compensated employee (as such term is defined and delimited by the Secretary), then the level of total annual compensation necessary for such exemption shall be--
(A) beginning 1 year after the first day of the first month that begins after the date of enactment of this Act,
$108,000;
(B) beginning 2 years after such first day, $116,000;
(C) beginning 3 years after such first day, $125,000; and
(D) beginning on the date that is 4 years after such first day, and for each succeeding calendar year, an adjusted amount that is--
(i) not less than the amount in effect under this paragraph on the day before the date of such adjustment;
(ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and
(iii) rounded to the nearest multiple of $1.00.
(2) Rule of construction.--Nothing in this subsection or the regulations promulgated by the Secretary of Labor under this subsection shall override any provision of a collective bargaining agreement that provides for overtime employment compensation, or rights to such compensation, that exceed the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(3) Definitions.--For purposes of this subsection, the terms ``annual percentage increase'' and ``Consumer Price Index for Urban Wage Earners and Clerical Workers'' have the meanings given the terms in section 13(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(m)), as added by subsection (a).
(c) Publication of Notice.--
(1) In general.--Not later than 60 days before the effective date of any adjustment in the salary rate (or equivalent fee basis) required under section 13(k)(1)(D) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(k)(1)(D)), as added by subsection (a), or any adjustment in the amount of compensation required for the highly compensated employee exemption required under subsection (b), the Secretary of Labor shall publish, in the Federal Register and on the website of the Department of Labor, a notice announcing the adjusted salary rate (or equivalent fee basis) or adjusted amount of compensation, respectively.
(2) Nonapplicability of rulemaking requirements.--The provisions of section 553 of title 5, United States Code, shall not apply to any notice required under this subsection.
(d) Penalties.--Section 16(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(2)) is amended by inserting ``or section 11(c), relating to the records that each employer is required to make, keep, and preserve,'' after ``relating to wages,''.
(e) Effective Date.--This Act, and the amendments made by this Act, shall take effect on the date that is 1 year after the first day of the first month that begins after the date of enactment of this Act.
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By Mr. McCONNELL:
S. 2488. A bill to amend the Internal Revenue Code of 1986 to provide an exception to the exclusive use requirement for home offices if the other use involves care of a qualifying child of the taxpayer, and for other purposes; to the Committee on Finance.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 2488
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Parents Home Office Act''.
SEC. 2. EXCEPTION TO THE EXCLUSIVE USE REQUIREMENT FOR HOME
OFFICES FOR CARE OF CHILDREN AND GRANDCHILDREN.
(a) In General.--Section 280A(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following:
``(7) Exception to exclusivity requirement for business use of a dwelling unit.--
``(A) In general.--A taxpayer shall not be treated as failing to meet the exclusive use requirement of paragraph
(1) with respect to a portion of a dwelling unit if the only other use of that portion is to care for a qualifying child of the taxpayer while the taxpayer is conducting the trade or business described in paragraph (1).
``(B) Qualifying child.--For purposes of this paragraph, the term `qualifying child' has the meaning given to such term by section 152(c)(1), except that only individuals bearing a relationship to the taxpayer described in section 152(c)(2)(A) shall be taken into account under section 152(c)(1)(A).''.
(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013.
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By Mr. SCOTT:
S. 2492. A bill to amend the Internal Revenue Code of 1986 to increase access for the uninsured to high quality physician care; to the Committee on Finance.
Mr. SCOTT. Mr. President, one of the greatest issues impacting the American health care system is the lack of access to high quality care for the uninsured. According to a 2012 CBO study, 26-27 million people will not have health insurance in 2016, with other studies suggesting that number may be closer to 30 million. Recent data from the Health Resource and Services Administration, HRSA, shows that close to 20 percent of Americans live in areas with an insufficient number of primary care physicians. According to the Association of American Medical Colleges, AAMC, it is expected that there will be a shortage of 45,000 primary care physicians in the US by 2020, further limiting access to care.
An immediate way to improve access to high quality health care for the uninsured is to engage the physician community to provide greater levels of charity care. Currently, there is little incentive for physicians to provide charity care outside of their normal scope of practice, and the percentage of physicians providing charity care has been in a state of steady decline. Due to reimbursement changes over the years, physicians are currently forced to maintain a certain amount of private, Medicare, and Medicaid insured patients in order to ensure their practices can remain profitable. This often leaves no opportunity to care for patients who lack insurance and who are often the most vulnerable and sick.
The Charity Care Expansion Act would create a much needed incentive for doctors to deliver uncompensated care, thereby improving and expanding access to care for the uninsured.
The bill amends the Internal Revenue Code of 1986 and allows for physicians to have a tax deduction for the taxable year at an amount equal to the amount the physician would have otherwise been paid.
For example, if Medicare would have reimbursed at $100 for a service, the physician would be able to deduct for $100. None of the deduction amounts would be arbitrary.
To qualify for the tax deduction, the bill would require physicians to have a pre-existing relationship with a health care clinic or another organization providing health care which is targeted to serve low income individuals. Through this coordination, the patient would be placed into the healthcare system with follow ups and health care professionals to see, instead of getting lost in the system after treatment. This would also prevent the use of the tax deduction as a tool to write off bad debt.
The limitations on the deduction are 10 percent of gross income of the taxpayer for the taxable year derived from the taxpayer's provision of physicians' services. For retired physicians, no more than a $10,000 deduction would be allowed.
While I am still waiting for a cost estimate on the bill, I repeal the Preventive Health and Health Services Block Grant, PHHSBG, which was included in the President's budget as a recommended cut, to provide an offset.
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