Recks

raps gavel

 

Members are hereby invited to participate in markup debates on the second set of bills, which are:

• S. 44 National Flood Insurance Program Re-extension Act of 2010
• S. 57 Coastal Jobs Creation Act
• S. 61 Universal Childcare and Early Learning for America Act
• S. 64 Farm to School Improvement Act

Each of these bills will be debated for at least 48 hours, extendable at the discretion of the Chair or by a majority vote of the committee.

 

raps gavel

40 minutes ago, Anthony said:

The leaders of Fannie Mae and Freddie Mac personally call both you and Senator Judge to:

• Express their sincerest gratitude for being leaders in providing them avenues for relief in your economic package; and
• Compliment you on your leadership ability on the issue and willingness to not ignore their problems.

 

Senator Carney responded to the leaders of Fannie/Freddie by assuring them that he believes it to be the right thing to do, and appreciates their calls.

 

He also lets them know that he is working on a comprehensive mortgage market reform bill that would be coming down the pipeline in ((a week or two)). It would impact housing from both tax and regulatory aspects, including an opportunity for homeowners to try to keep their homes from foreclosure. If the leaders would at all be interested, Senator Carney would keep them in mind for a stakeholder's meeting/consultation.

Carney, Judge Reach Bipartisan Agreement on Economy

 

 

WASHINGTON, DC -- In a busy day, Senator Paul Carney (D-MA) reached a bipartisan agreement with Senator Jackie Judge (R-KS) to secure a strong financial future for the United States economy. Specifically, the American Economic Recovery and Reform Act that they jointly sponsored would tackle issues ranging from empowering Main Street to holding Wall Street accountable, from supporting workers in our automobile industry to investing in infrastructure. "The American economy is in a tough spot right now. We cannot afford to let trillions of dollars disappear from our economy, which is what inaction would have left us with," said Senator Carney. "I'm no fan of major handouts, but the targeted loans we're providing to specific industries - with a proven capacity to pay them off - make the best use of our lawmaking powers for the common good." 

 

The full bill, which recently received a positive review in the Wall Street Journal, was hammered out in the Senate basement by Senators Carney and Judge (both of whom serve on the Senate's HELP Committee) following the breakdown of talks among party leadership. "Senator Judge and I knew that the economic disaster that would befall our nation without federal support would be unbearable and cause untold job-losses, lost paychecks, and further foreclosures. We acted swiftly and yes, we compromised. But the final bill is something I'm proud of and know will make a positive impact in people's lives," said Senator Carney. Some of the features Carney is most proud of in the bill include the unemployment benefit expansion (to account for the millions of jobless claimants), small business provisions that help out on Main Street, and the locally-led investment in infrastructure projects. The Senator, while recognizing bailouts may not be politically popular, pointed out that millions of jobs are on the line - an estimate 3 million in the automobile industry alone. "These are blue collar, good paying jobs. These workers didn't do anything wrong, so we will be there to help them keep their jobs in the months to come."

NPC Office of

Senator Paul Carney

Democrat of Massachusetts

 

Aye.

@PCarney: I am proud that, along with @JackieJKS, we were able to hammer out a bipartisan bill to provide an Economic #RecoveryAndReform for Americans of all walks of life.

Mr. President, 

 

I rise today to introduce a bipartisan package introduced by the Senator from Kansas and myself. Following the breakdown in high-level discussions, the Senator and I decided to work together, late into the night, to put together a bill that will save middle class America billions of dollars, help small businesses recruit and retain talent in these trying times, protect trillions in assets, and secure the 3 million jobs reliant on the American automobile industry. This is part of a recovery process to ease the downturn and put more Americans to work.

 

We also wanted a bill that would make substantial reforms to the existing economic structures which led to this recession in the first place. To that end, our bill will reform the credit ratings system, make an important change to the banking system, and protect homeowners by allowing Fannie and Freddie to fall into government conservatorship. We also aim to encourage new infrastructure investment with this bill.

 

There are plenty of details in this nearly 3,000 word bill. I encourage you to read it, but also to recognize the time constraint we are naturally under - with the first quarter of 2009 ending shortly. If you have any questions about the provisions, I encourage you to come to me or Senator Judge. As always, my door is open.

 

But we cannot ignore the urgent nature of this bill. While I am proud to support our legislative process, and while this bill was originally intended to go through a thorough mark-up in the HELP Committee, we simply do not have the time - millions of jobs are on the line as we speak.

 

Even though some have come out against what they consider to be bailouts, I hope that each Senator will approach this bill with a fresh eye and a fair appraisal of the contents contained herein. 

 

Mr. President, in order to support the American economy in an expeditious and bipartisan manner, I move to suspend and pass the American Economic Recovery and Reform Act.

 

I yield.

IN THE SENATE

 

Sen. CARNEY and Sen. JUDGE (for themselves) introduced the following bill;

 

A BILL

 

To provide broad economic stability for everyday Americans.

 

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 “American Economic Recovery and Reform Act”.

 

SECTION 2. TABLE OF CONTENTS.

Sec. 1. Short Title.

Sec. 2. Table of Contents.

Sec. 3. Anti-Fraud Office.

Title I - Everyday American Support.

Subtitle A - Individual Support.

Sec. 101. Special Mortgage Tax Credit.

Sec. 102. Special Tax Rebate.

Sec. 103. Unemployment Insurance Support.

Subtitle B - Small Business Support.

Sec. 111. Small Business Financial Assistance Program

Sec. 112. Small Business New Employee Grant Program.

Sec. 113. Small Business Current Employee Grant Program.

Title II - Conditional Loans for Automobile Industry.

Sec. 201. Loans and Appropriations Authorized.

Sec. 202. Conditionality.

Title III - Banking Industry Reform.

Sec. 301. Rights, Management, Sale of Mortgage-Related Assets.

Sec. 302. Maximum Amount of Authorized Purchases.

Sec. 303. Federal Deposit Reform.

Sec. 304. Establishment of the Credit Rating Accountability Bureau (CRAB).

Sec. 305. Credit Rating Agency Reform.

Sec. 306. Fannie Mae and Freddie Mac.

Title IV - Long-Term Infrastructure Investment.

Sec. 401. Rural Broadband Expansion.

Subtitle A - Energy Investment.

Sec. 411. Energy Infrastructure Grants.

Subtitle B - Transportation Investment.

Sec. 421. Program Establishment

Sec. 422. Program Considerations.

Sec. 423. Appropriations.

 

SECTION 3. ANTI-FRAUD OFFICE.

There is hereby established within the Department of Justice, from funds available, an Economic Recovery Anti-Fraud Unit. This Unit shall have authority to investigate any instances of fraud, waste, or abuse arising under Subtitle B of Title I, and Titles II, III, and IV of this Act.

 

TITLE I - EVERYDAY AMERICAN SUPPORT.

SUBTITLE A - INDIVIDUAL SUPPORT.

SECTION 101. SPECIAL MORTGAGE TAX CREDIT.

For tax year 2009, there is hereby established a refundable tax credit of up to $2,500 for the bottom half of taxpayers (by income) who owe a mortgage on a single home.

 

SECTION 102. SPECIAL TAX REBATE.

For tax year 2009, there is hereby established a tax rebate of $1,000 for taxpayers who individually earned between $1,000 and $45,000 in tax year 2008. This rebate shall be payable upon the filing of 2008 taxes, along with any other rebates that an individual may receive.

 

SECTION 103. UNEMPLOYMENT INSURANCE SUPPORT.

(a) There is hereby authorized an extended benefit for unemployment compensation of an additional 52 weeks, for any applicant who claims unemployment prior to January 1, 2011. These applicants are also entitled to an additional $25 per check. Such funds as are necessary to support the increased unemployment insurance benefits are hereby appropriated.

(b) For tax year 2009, the first $2,400 a person receives in unemployment compensation benefits shall be exempted from taxation.

 

SUBTITLE B - SMALL BUSINESS SUPPORT.

SECTION 111. SMALL BUSINESS FINANCIAL ASSISTANCE PROGRAM.

(a) In General.—The Administrator of the Small Business Administration shall establish a Small Business Financial Assistance Program under which the Administrator shall provide loans to small businesses.

(b) Application.—In making the application for loans under this section, the Administrator shall—

(1) provide a simple application process for borrowers which shall not exceed more than two man hours of work; and

(2) establish clear and easy to understand underwriting standards for such loans.

(c) Zero-Interest Loans.—Loans made by or guaranteed by the Administrator under this section shall be zero-interest loans, if the small business receiving such loan does not involuntarily terminate any employee of the small business on grounds of lack of money until the sunset date.

(d) Forgiveness.—If a small business that receives a loan or loan guarantee under this section demonstrates to the Administrator that the number of full-time employees of such small business on the date such small business submitted an application under this section is greater than or equal to the number of full-time employees of such small business on the date that is 1 year after the date of such submission, the Secretary shall forgive the remaining outstanding principal and interest on such loan or loan guarantee.

(e) Payback of Loans.—A loan made under this section shall be fully repaid not later than the date that is 5 years after the date on which the repayment is required to commence. Repayment shall commence within 18 months of the date of loan issuance.

(e) Funding.—The Administrator shall use $40,000,000,000 to carry out this section.

(f) Sunset. — No more loans shall be given out after the date March 31, 2010.

 

SECTION 112. SMALL BUSINESS NEW EMPLOYEE GRANT PROGRAM.

(a) In General.—The Administrator of the Small Business Administration shall establish a Small Business Grant Program under which the Administrator shall provide grants to small businesses.

(b) Application.—In making the application for grants under this section, the Administrator shall provide a simple application process for grantees which shall not exceed more than one man hour of work on an initial application, and not more than 30 minutes of work for subsequent applications.

(c) Per new employee grant.—Each small business may receive a grant equal to $12,500 for each new employee that they hire in the year 2009. 

(1) At least $350 of that grant must be used as a hiring bonus for each new employee.

(2) The employee in question must be eligible to legally work in the United States by way of the e-verify program.

(3) The employee also can not have been terminated by the employer receiving the grant after the date of passage of this legislation.

(d) Funding.—The Administrator shall use $75,000,000,000 to carry out this section.

(e) Sunset. — No more grants shall be given out after the date December 31, 2009 related to subsection. 

 

SECTION 113. SMALL BUSINESS CURRENT EMPLOYEE GRANT PROGRAM.

(a) In General.—The Administrator of the Small Business Administration shall establish a Small Business Grant Program under which the Administrator shall provide grants to small businesses.

(b) Application.—In making the application for grants under this section, the Administrator shall provide a simple application process for grantees which shall not exceed more than two man hours of work on an application.

(c) Per current employee grant.—Each small business may receive a grant equal to $5,500 for each employee that they continue to have employed on the date August 1, 2009. 

(1) At least $500 of that grant must be used as a bonus to the employee in question.

(2) The employee in question must be eligible to legally work in the United States by way of the e-verify program.

(3) The employee has to have been an employee of the company for at least one year prior to December 31, 2009.

(d) Funding.—The Administrator shall use $35,000,000,000 to carry out this section.

(e) Sunset. — No more grants shall be given out after the date February 28, 2010. 

 

TITLE II - CONDITIONAL LOANS FOR AUTOMOBILE INDUSTRY.

SECTION 201. LOANS AND APPROPRIATIONS AUTHORIZED.

(a) There is hereby authorized a total of $34,000,000,000 available for the Secretary of the Treasury to issue loans to the automobile industry, conditional on the terms of Section 202.

(b) There is hereby appropriated an additional $5,000,000,000 available to the Secretary of the Treasury for the purpose of ensuring the stability of the American automobile industry, except that no funds shall go to a company which does not agree to the terms of Section 202.

 

SECTION 202. CONDITIONALITY.

Any automobile company which receives a loan or other stabilization money from the Federal Government shall ensure, for the duration of their loan that:

(1) At least 70% of their new hires take place in the United States among those authorized to work in the United States;

(2) They will not move jobs currently in the United States overseas, or otherwise outsource jobs; and 

(3) They shall not authorize executive pay raises or other additional compensation for executives.

 

TITLE III - BANKING INDUSTRY REFORM.

SECTION 301. RIGHTS, MANAGEMENT, SALE OF MORTGAGE-RELATED ASSETS.

(a) Exercise of Rights.--The Secretary of the Treasury may, at any time, exercise any rights received in connection with mortgage-related assets purchased under this Act.

(b) Management of Mortgage-Related Assets.--The Secretary of the Treasury shall have authority to manage mortgage-related assets purchased under this Act, including revenues and portfolio risks therefrom.

(c) Sale of Mortgage-Related Assets.--The Secretary of the Treasury may, at any time, upon terms and conditions and at prices determined by the Secretary of the Treasury, sell, or enter into securities loans, repurchase transactions or other financial transactions in regard to, any mortgage-related asset purchased under this Act. 

(d) Partnership Funding Asset Acquisition.-- The Secretary of the Treasury may, at any time, upon terms and conditions and at prices determined by the Secretary of the Treasury , provide loans to financial institutions to purchase any mortgage-related asset. 

(e) Securities Loans Regulations.-- All recipients of securities loans authorized by the Secretary of the Treasury are prohibited from using any amount of the loan to provide for:

(1)  seasonal bonuses exceeding $25,000;

(2) renovations exceeding $100,000;

(3) corporate transportation expenditures exceeding $250,0000.

 

SECTION 302 MAXIMUM AMOUNT OF AUTHORIZED PURCHASES.

The Secretary of the Treasury’s authority to purchase mortgage-related assets under this Act shall be limited to $800,000,000,000 outstanding at any one time

 

SECTION 303. FEDERAL DEPOSIT REFORM.

(a) Insured Deposit Reform - Section 18(s) of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)) is amended by adding at the end the following:

(6) LIMITS ON BANK AFFILIATIONS.—

(A) PROHIBITION ON AFFILIATIONS WITH NONDEPOSITORY ENTITIES.—An insured depository institution may not—

(i) be or become an affiliate of any insurance company, securities entity, or swaps entity;

(ii) be in common ownership or control with any insurance company, securities entity, or swaps entity; or

(iii) engage in any activity that would cause the insured depository institution to qualify as an insurance company, securities entity, or swaps entity.

 

SECTION 304. ESTABLISHMENT OF THE CREDIT RATING ACCOUNTABILITY BUREAU (CRAB).

(a) Creation of the Credit Rating Accountability Bureau (CRAB) - The Credit Rating Accountability Bureau will be established under the U.S. Securities and Exchange Commission and absorb the Office of Credit Ratings in the Securities Exchange Commission. 

(b) Powers of the Credit Rating Accountability Bureau - the Credit Rating Accountability Bureau will inherit all prior authority allocated to the Office of Credit Ratings. The CRAB will also have the authority to:

(1) investigate and prosecute credit rating agencies for violations listed in Section 305.

(2) utilize the full legal powers of the Enforcement Division of the U.S. Securities and Exchange Commission to pursue investigations in civil or criminal violations.

(3) establish an annual credit rating index to rate the relative transactional safety of specific securities. 

 

SECTION 305. CREDIT RATING AGENCY REFORM.

(a) Regulations on Credit Rating Transactions - Credit rating agencies may not issue a rating on any security of a corporation or government that is providing funding, investments, and/or has securities under ownership of that credit rating agency.

(b) Third Party Mediator - Corporations and governments unable to legally receive a credit rating for a security, in accordance with Section 305(a), are permitted to appoint a third party mediator to assign a rating provided the mediator:

(1) does not possess and has not possessed any securities or employment in either the credit rating agency or the corporation;

(2) has not been charged by the U.S. Securities and Exchange Commission and the Department of Justice with any civil or criminal violations;

(3) possesses a law degree.

(c) Penalty - First-time violations of Section 305 (a) and (b) will result in a minimum fine of $10,000,000 of the guilty parties. Second-time violations will result in a minimum fine of $50,000,000 of the guilty parties. A third-time violation within ten years of the first violation will result in a minimum fine of $250,000,000 of the guilty parties. All further violations will carry a minimum fine of $500,000,000. 

 

SECTION 306. FANNIE MAE AND FREDDIE MAC.

(a) There is hereby established within the Department of Housing and Urban Development the Federal Housing Finance Agency (FHFA), to be formed by the merging of Federal Housing Finance Board and Office of Federal Housing Enterprise Oversight.

(b) The Director of the FHFA shall be empowered to fully regulate the Federal National Mortgage Association (Fannie Mae) the Federal Home Loan Mortgage Corporation (Freddie Mac) up to and including placing them into federal conservatorship.

(c) The Director of the FHFA shall inform Congress within one week of major regulatory changes to the regulation of Fannie Mae and Freddie Mac, and within three business days of placing either under federal conservatorship.

 

TITLE IV - LONG-TERM INFRASTRUCTURE INVESTMENT.

SECTION 401. RURAL BROADBAND EXPANSION.

S.45, the Rural Broadband Expansion Act of 2009 is hereby enacted.

 

SUBTITLE A - ENERGY INVESTMENT.

SECTION 411. ENERGY INFRASTRUCTURE GRANTS.

(a) The Secretary of Energy is hereby authorized to issue grants pursuant to this Section to energy infrastructure investment.

(b) The grants authorized under this Section shall be divided, as best as possible, between the following sources of energy:

(1) 30% to natural gas investment;

(2) 25% to solar energy generation investment;

(3) 25% to wind energy generation investment;

(4) 15% to biofuels and alternative renewable energy investment; and

(5) 5% to the Energy For the 21st Century Program, described in subsection (c).

(c) The Energy for the 21st Century Program shall focus on investing in training and infrastructure projects for energy companies that currently specialize in non-renewable sources to prepare for transition to renewable energy sources.

(d) There is hereby appropriated $50,000,000,000 for the Secretary of Energy to use for the issuance of grants under this section.

 

SUBTITLE B - TRANSPORTATION INVESTMENT.

SECTION 421. PROGRAM ESTABLISHMENT.

(a) There is hereby established the Long-Term Transportation Infrastructure Investment Program, under the Department of Transportation. The Program shall consist of grants from appropriated sums to counties for the purpose of infrastructure projects.

(b) The Program shall be managed by six Directors, to be appointed by the President, along with the Secretary of Transportation as an ex-officio Director. Of the six Directors, two must be members of the Democratic Party, two must be members of the Republican Party, and two must be affiliated with neither the Democratic or Republican Parties.

 

SECTION 422. PROGRAM CONSIDERATIONS.

(a) The Directors shall consider applications for transportation infrastructure project from counties, but each county shall be guaranteed a minimum of $100,000 in funding under the Program. There shall also be a maximum of $500,000,000 awarded to any single county.

(b) Considerations shall include:

(1) Extent of job-creation, especially among those most impacted by economic hardship;

(2) Reduction in surface and air congestion and pollution emissions;

(3) Increased access to transportation options; 

(4) Impact in terms of population which has access and can use the new infrastructure; and

(5) Reduction in risk of structural failure of existing infrastructure (where applicable).

 

SECTION 423. APPROPRIATIONS.

There is hereby appropriated $75,000,000,000 for each of the following years for the purpose of funding the Program:

(1) fiscal year 2009;

(2) fiscal year 2010;

(3) fiscal year 2011;

(4) fiscal year 2012; and

(5) fiscal year 2013.

 

PES.

3. Creates a special anti-fraud unit within the Department of Justice to enforce anti-fraud provisions of this Act.

101. Creates a refundable tax credit of $2,500 for bottom half of homeowners (approximately 3 months of mortgage payments).

102. Creates a $1,000 tax rebate for individuals who earned between $1,000 and $45,000 in 2008.

103. Extends unemployment for up to 78 weeks (with a $25 top-off). Exempts the first $2,400 in unemployment benefits from tax.

111. Creates a program to inject liquidity into small businesses on the basis of them not laying off workers.

112. Creates a program to support the hiring of new employees by small businesses.

113. Creates a program to support the maintenance of existing employees by small businesses.

201. Authorizes a loan program and additional stabilization for the automobile industry, under the Treasury Secretary.

202. Ensures 70% of all new hires of firms that receive support under Title II are American hires, and that they do not outsource American jobs.

301. Allows the Treasury Secretary to take over certain mortgage-related assets from otherwise solvent banks.

302. Limits maximum amount of mortgage-related assets purchased by the Treasury to $800 billion.

303. Bars an FDIC-insured bank from being connected with an insurance company, securities entity, or swaps entity.

304. Transforms the Office of Credit Ratings into the Credit Rating Accountability Bureau, with additional enforcement powers.

305. Prohibits a credit ratings agency from rating an asset’s creditworthiness if they have a vested stake in the asset.

306. Creates the FHFA to regulate Fannie Mae and Freddie Mac, including the ability to place either or both under conservatorship.

401. Enacts the Rural Broadband Expansion Act of 2009.

411. Appropriates $50 billion for energy infrastructure investment, to be split between natural gas, solar, wind, biofuel/alternatives, and an energy transformation fund.

421. Creates “Long-Term Transportation Infrastructure Investment Program” and establishes Directors.

422. Establishes considerations for the Directors of the Program to consider, including minimum and maximum amounts to be received by a county.

423. Makes appropriations equal to $375 billion over five years for the Program.

By a vote of 3-2, this bill has passed Committee.

 

raps gavel

By a vote of 5-0, this bill passes Committee.

 

raps gavel

By a vote of 5-0, the Committee has issued a favorable recommendation to the full Senate for the nomination of Fred Hochberg.

 

raps gavel

By a vote of 3-2, the Committee has issued a favorable recommendation to the full Senate for the nomination of Linda Chavez-Thompson.

 

raps gavel

Carney Introduces Bill to Enhance Workplace Safety

 

 

WASHINGTON, DC -- In his newly-introduced bill, the junior U.S. Senator for Massachusetts, Paul Carney (D), is making a clear statement in support of commonsense protections for members of the American workforce. The Protecting America's Workers Act, or PAWA, is a comprehensive bill that would make serious and much-needed updates to the Occupational Safety and Health Act of 1970. "In 2008, a staggering 5,071 Americans lost their lives due to fatal work injuries. While we are a much safer nation because of OSHA, we cannot afford to rest on our laurels and do nothing about the tragic human toll that workplace accidents cause," Senator Carney said to the press after introducing the bill. The bill would make a few critical changes to existing law, including the expansion of coverage of occupational safety rules to federal, state, and local workers. PAWA would also enhance whistle-blower protections and make sure that, during an investigation into occupational health risks, the employer must abate the risk. Current law allows for a possible offender to continue to put his or her employees in harms' way throughout the investigation and appeals processes.

 

"Every working day, over 19 Americans die due to inadequate workplace safety rules. PAWA is the next step to advancing the bipartisan cause of workplace safety - a cause that has united figures ranging from Lyndon B. Johnson to Richard Nixon, up to and including to my mentor and colleague from Massachusetts, Ted Kennedy," Senator Carney said. Already, his bill has attracted bipartisan support - from Senators Maguire (D-IA) and McKnight (R-SC). As Chairman of the Health, Education, Labor, and Pensions Committee, it is likely that Senator Carney will preside over the initial phase of debate for the PAWA bill. Carney has expressed an interest in moving the bill along in an expeditious manner, to ensure it is taken up before the full Senate for consideration. "I am confident that we can update OSHA for the 21st century, to protect millions more workers and provide greater victims' rights - including those of whistle-blowers who deserve fair treatment in a safe workplace," the Senator concluded.

@PCarney: Just introduced the Protecting America's Workers Act (#PAWA) to expand OSHA requirements to include more Americans in the workplace!

IN THE SENATE

 

Sen. CARNEY (for himself, Sen. MAGUIRE, and Sen. McKNIGHT, with thanks to Mr. COURTNEY) introduced the following bill;

 

A BILL

 

To amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act and to increase protections for whistle-blowers among for other purposes.

 

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 “Protecting America’s Workers Act”.

 

SECTION 2. COVERAGE OF PUBLIC EMPLOYEES.

(a) Notwithstanding any other provision of law, the Occupational Safety and Health Act of 1970 is hereby extended to apply to individuals employed by the United States, a State, or a political subdivision of a State. 

(b) Subsection (a) shall not apply to individuals covered under the Federal Mine Safety and Health Act of 1977.

 

SECTION 3. WHISTLE-BLOWER PROTECTIONS.

(a) It shall not only be unlawful to discharge, but also to cause to be discharged or in any other manner discriminate or cause to be discriminate against any employee who is a whistle-blower under the Occupational Safety and Health Act of 1970.

(b) An individual who reports of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved shall now be considered as a whistle-blower. This subsection shall not be construed to limit the other existing provisions outlining whistle-blower status.

(c) There is hereby established a 180 business day period for a statute of limitations, during which time a complaint may be filed.

(d) The Secretary of Labor shall promulgate regulations for whistle-blower protection, provided that such regulations include:

(1) a complaint process;

(2) an investigation process;

(3) a preliminary order following the investigation;

(4) a hearing and administrative appeal process;

(5) an opportunity for settlement of claims;

(6) judicial review and enforcement of orders; and

(7) any such additional provisions to ensure a fair consideration of complaints.

 

SECTION 4. DUTY OF EMPLOYERS.

It is hereby a duty of employers covered under the Occupational Safety and Health Act of 1970 to:

(a) furnish a hazard-free place of employment to all individuals performing work, not to be limited solely to employees; and

(b) report work-related deaths or certain injuries, illnesses, or hospitalizations to the Secretary of Labor, who must make such reports publicly-available.

 

SECTION 5. INVESTIGATION AND ABATEMENT OF HAZARDOUS PRACTICES.

(a) The Occupational Safety and Health Administration must investigate fatalities and incidences of serious bodily harm that are reported by an employer under Section 4(b) of this Act, or by whistle-blowers.

(b) During an investigation and throughout the period during which a citation for a serious, willful or repeat violation is being contested, an employer must correct hazardous conditions under consideration.

 

SECTION 6. VICTIMS' RIGHTS.

In addition to existing victims' rights provisions in the Occupational Safety and Health Act of 1970, victims' rights are extended to families of workers who were killed on the job by giving families the right to meet with investigators, receive copies of citations, and to have an opportunity to make a statement before any settlement negotiations.

 

SECTION 7. PENALTIES.

(a) Civil Penalties.--The Secretary of Labor is hereby authorized to, and must, adjust the penalties outlined in the Occupational Safety and Health Act of 1970 for inflation. In doing so, the Secretary shall first adjust the existing penalties from 1970 values to their inflation-equivalent values in the year of the enactment of this Act, and shall adjust the penalties each year thereafter for inflation.

(b) Criminal Penalties.--If any knowing violation of the Occupational Safety and Health Act of 1970 or any regulation promulgated thereunder results in:

(1) the death of any employee, then after conviction, the employer may be sentenced to 10 years of prison for a first offence or up to 20 years of prison for subsequent offences.

(2) serious bodily harm to any employee, then after conviction, the employer may be sentenced to 5 years of prison for a first offence or up to 10 years of prison for subsequent offences. For the purpose of this subsection, serious bodily harm is hereby defined to include: 

(A) a substantial risk of death;

(B) protracted unconsciousness;

(C) protracted and obvious physical disfigurement; or

(D) protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty.

 

SECTION 8. STATE PLANS.

(a) The Government Accountability Office (GAO) shall publish an annual list of minimum recommendations for state occupational safety and health plans ("State Plans").

(b) The Secretary of Labor is hereby authorized to take over enforcement authority in State Plans that fail to meet the minimum requirements needed to protect workers’ safety and health, as recommended by the GAO.

 

PES.

2. Extends OSHA coverage to federal employees.

3. Expands whistle-blower protections under OSHA.

4. Expands safety mandates (to include contract-workers) and reporting requirements on employers.

5. Requires OSHA to investigate certain cases, and requires abatement of dangerous procedures during investigation.

6. Expands victims' rights to include family members of deceased victims.

7. Expands penalties to include criminal charges for knowing, willful violations of OSHA and for civil penalties to be inflation-adjusted.

8. Allows the Dept. of Labor to take over enforcement of inadequate state plans.

Aye.

@PCarney: Just cast my vote in #HELP Committee to confirm Linda Chavez-Thompson (a leader of our nation's labor movement) and Fred Hochberg (a businessman and public servant) to lead Labor and Commerce Depts.

Carney, New HELP Chair, Presides Over Committee

 

 

WASHINGTON, DC -- Senator Paul Carney (D-MA) was recently named chairman of the Senate Health, Education, Labor & Pensions Committee. "It is an honor to be named chairman of this important committee, where I've already begun leading for a bold agenda on behalf of the American people," said Chairman Carney. In his first action as HELP Chair, he began two cabinet confirmation hearings and began debate on two new bills. The confirmation hearings, into Labor Secretary nominee Linda Chavez-Thompson and Commerce Secretary nominee Fred Hochberg, were both important in introducing the nominees to the American people. "I am proud to cast my votes on behalf of Ms. Chavez-Thompson and Mr. Hochberg, both of whom are highly-qualified to lead their respective cabinet agencies," Senator Carney said. "The Senate has a critical role in consenting to cabinet nominees, and I believe that these two nominees will do a great job in their new positions." Senator Carney has also helped lead the efforts to defend Ms. Chavez-Thompson from patently false allegations peddled by some Senate Republicans. The conspiracy theory that she was involved in a coup in Venezuela was debunked under oath by Ms. Chavez-Thompson in a direct question from the chair. "The fact that many Republicans refuse to apologize for their blatant misinformation campaign is beyond disappointing," said Sen. Carney.

 

The two bills brought for consideration by Chairman Carney were the Rural Energy Savings Program Act and Fair Minimum Wage Act. "Under my leadership, the HELP Committee will be laser-focused on helping everyday Americans. Especially important is ensuring that we continue to promote the American worker, and that is why I am proud to champion the Fair Minimum Wage Act as a co-sponsor," Senator Carney said. That bill would increase the minimum wage to $10.10 in just over 3 years and then allow for annual increases with inflation. "It has become an increasingly partisan issue, the minimum wage. We need to prevent the erosion of minimum wages due to inflation, and this bill would do just that." The Rural Energy Savings Program Act, which would allow for interest-free loans to incentivize energy efficiency measures for houses. "This is a commonsense bill that would help us fend off climate change while saving households money over the long-term."

Aye.

raps gavel

 

24 hour vote.

Aye.

raps gavel

 

24 hour vote commences now.

Aye.

Aye.

2 hours ago, Marmot_Of_The_Marsh said:

Mrs. Chavez-Thompson,

 

Senator Montbatten of Idaho recently tweeted that you want to "flood the labor market with more than 6 million illegal immigrants." Could you please state, on the record, whether this is true or not, and why Mr. Montbatten would think so?

 

The hearing has concluded prior to this question, so the nominee need not answer.

 

raps gavel

 

24 hour vote commences now.