datamatters24/research-document-archive huggingface dataset:
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Save Local Business 
Act’’. 
SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT. 
(a) NATIONAL LABOR RELATIONS ACT.—Section 
2(2) of the National Labor Relations Act (29 U.S.C. 
152(2)) is amended— 
(1) by striking ‘‘The term ‘employer’ ’’ and in-
serting ‘‘(A) The term ‘employer’ ’’; and 
(2) by adding at the end the following: 
‘‘(B) A person may be considered a joint employer 
in relation to an employee only if such person directly, ac-
tually, and immediately, and not in a limited and routine 
manner, exercises significant control over essential terms 
and conditions of employment, such as hiring employees, 
discharging employees, determining individual employee 
rates of pay and benefits, day-to-day supervision of em-
ployees, assigning individual work schedules, positions, 
and tasks, or administering employee discipline.’’. 
(b) FAIR LABOR STANDARDS ACT OF 1938.—Section 
3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(d)) is amended— 
(1) by striking ‘‘ ‘Employer’ includes’’ and in-
serting ‘‘(1) ‘Employer’ includes’’; and 
(2) by adding at the end the following:
‘‘(2) A person may be considered a joint employer 
in relation to an employee for purposes of this Act only 
if such person meets the criteria set forth in section 
2(2)(B) of the National Labor Relations Act (29 U.S.C. 
152(2)(B)).’’. 
Passed the House of Representatives November 7, 
2017. 
Attest: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 3441 
AN ACT 
To clarify the treatment of two or more employers 
as joint employers under the National Labor Re-
lations Act and the Fair Labor Standards Act of 
1938.
I 
115TH CONGRESS 
1ST SESSION H. R. 3441 
To clarify the treatment of two or more employers as joint employers under 
the National Labor Relations Act and the Fair Labor Standards Act 
of 1938. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2017 
Mr. BYRNE (for himself, Ms. FOXX, Mr. WALBERG, Mr. WILSON of South 
Carolina, Mr. HUNTER, Mr. ROE of Tennessee, Mr. THOMPSON of Penn-
sylvania, Mr. GUTHRIE, Mr. ROKITA, Mr. BARLETTA, Mr. MESSER, Mr. 
GROTHMAN, Ms. STEFANIK, Mr. ALLEN, Mr. LEWIS of Minnesota, Mr. 
FRANCIS ROONEY of Florida, Mr. MITCHELL, Mr. GARRETT, Mr. 
SMUCKER, Mr. FERGUSON, Mrs. HANDEL, Mr. CHABOT, Mr. CUELLAR, 
Mr. KELLY of Pennsylvania, Mr. BARR, Mr. PERRY, Mr. ROUZER, Mrs. 
MIMI WALTERS of California, Mr. COLLINS of Georgia, and Mr. CORREA) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To clarify the treatment of two or more employers as joint 
employers under the National Labor Relations Act and 
the Fair Labor Standards Act of 1938. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Save Local Business 
Act’’. 
VerDate Sep 11 2014 
20:05 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3441.IH
H3441
mstockstill on DSK30JT082PROD with BILLS
SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT. 
(a) NATIONAL LABOR RELATIONS ACT.—Section 
2(2) of the National Labor Relations Act (29 U.S.C. 
152(2)) is amended— 
(1) by striking ‘‘The term ‘employer’ ’’ and in-
serting ‘‘(A) The term ‘employer’ ’’; and 
(2) by adding at the end the following: 
‘‘(B) A person may be considered a joint 
employer in relation to an employee only if such 
person directly, actually, and immediately, and 
not in a limited and routine manner, exercises 
significant control over the essential terms and 
conditions of employment (including hiring em-
ployees, discharging employees, determining in-
dividual employee rates of pay and benefits, 
day-to-day supervision of employees, assigning 
individual work schedules, positions, and tasks, 
and administering employee discipline).’’. 
(b) FAIR LABOR STANDARDS ACT OF 1938.—Section 
3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(d)) is amended— 
(1) by striking ‘‘ ‘Employer’ includes’’ and in-
serting ‘‘(1) ‘Employer’ includes’’; and 
(2) by adding at the end the following: 
‘‘(2) A person may be considered a joint em-
ployer in relation to an employee for purposes of this 
VerDate Sep 11 2014 
20:05 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3441.IH
H3441
mstockstill on DSK30JT082PROD with BILLS
Act only if such person meets the criteria set forth 
in section 2(2)(B) of the National Labor Relations 
Act (29 U.S.C. 152(2)(B)).’’. 
Æ 
VerDate Sep 11 2014 
20:05 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H3441.IH
H3441
mstockstill on DSK30JT082PROD with BILLS
II 
115TH CONGRESS 
1ST SESSION H. R. 3441 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 8, 2017 
Received 
AN ACT 
To clarify the treatment of two or more employers as joint 
employers under the National Labor Relations Act and 
the Fair Labor Standards Act of 1938. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
01:19 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3441.RDS
H3441
dlhill on DSK3GLQ082PROD with BILLS
HR 3441 RDS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Save Local Business 
Act’’. 
SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT. 
(a) NATIONAL LABOR RELATIONS ACT.—Section 
2(2) of the National Labor Relations Act (29 U.S.C. 
152(2)) is amended— 
(1) by striking ‘‘The term ‘employer’ ’’ and in-
serting ‘‘(A) The term ‘employer’ ’’; and 
(2) by adding at the end the following: 
‘‘(B) A person may be considered a joint employer 
in relation to an employee only if such person directly, ac-
tually, and immediately, and not in a limited and routine 
manner, exercises significant control over essential terms 
and conditions of employment, such as hiring employees, 
discharging employees, determining individual employee 
rates of pay and benefits, day-to-day supervision of em-
ployees, assigning individual work schedules, positions, 
and tasks, or administering employee discipline.’’. 
(b) FAIR LABOR STANDARDS ACT OF 1938.—Section 
3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(d)) is amended— 
(1) by striking ‘‘ ‘Employer’ includes’’ and in-
serting ‘‘(1) ‘Employer’ includes’’; and 
(2) by adding at the end the following: 
VerDate Sep 11 2014 
01:19 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3441.RDS
H3441
dlhill on DSK3GLQ082PROD with BILLS
HR 3441 RDS
‘‘(2) A person may be considered a joint employer 
in relation to an employee for purposes of this Act only 
if such person meets the criteria set forth in section 
2(2)(B) of the National Labor Relations Act (29 U.S.C. 
152(2)(B)).’’. 
Passed the House of Representatives November 7, 
2017. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Sep 11 2014 
01:19 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3441.RDS
H3441
dlhill on DSK3GLQ082PROD with BILLS
SEC. 293. 4’-METHOXY-2,2’,4-TRIMETHYLDIPHENYLAMINE. 
Subchapter II of chapter 99 is amended by inserting 
in numerical sequence the following new heading: 
‘‘ 
9902.03.97 
N-(2,4-Dimethylphenyl)-4- 
methoxy-2-methylaniline 
(CAS No. 41374–20–3) (pro-
vided for in subheading 
2922.29.61) ...........................
Free 
No change 
No change 
On or before 
12/31/2020
’’. 
SEC. 294. P-CRESIDINE SULFONIC ACID. 
Subchapter II of chapter 99 is amended by inserting 
in numerical sequence the following new heading: 
‘‘ 
9902.03.98 
p-Cresidinesulfonic acid (4- 
amino-5-methoxy-2- 
methylbenzenesulfonic acid) 
(CAS No. 6471–78–9) (pro-
vided for in subheading 
2922.29.81) ...........................
Free 
No change 
No change 
On or before 
12/31/2020
’’. 
SEC. 295. 2-METHOXY-5-METHYLANILINE. 
Subchapter II of chapter 99 is amended by inserting 
in numerical sequence the following new heading: 
‘‘ 
9902.03.99 
2-Methoxy-5-methylaniline 
(CAS No. 120–71–8) (pro-
vided for in subheading 
2922.29.81) ...........................
Free 
No change 
No change 
On or before 
12/31/2020
’’. 
SEC. 296. ODA - WANDA. 
Subchapter II of chapter 99 is amended by inserting 
in numerical sequence the following new heading: 
‘‘ 
9902.04.01 
4,4’-Oxydianiline (CAS No. 
101–80–4) (provided for in 
subheading 2922.29.81) ........
1.3% 
No change 
No change 
On or before 
12/31/2020
’’. 
SEC. 297. PARA CRESIDINE-2 SULFONIC ACID. 
Subchapter II of chapter 99 is amended by inserting 
in numerical sequence the following new heading:
(1) by striking ‘‘ ‘Employer’ includes’’ and in-
serting ‘‘(1) ‘Employer’ includes’’; and 
(2) by adding at the end the following: 
‘‘(2) A person may be considered a joint employer in 
relation to an employee for purposes of this Act only if such 
person meets the criteria set forth in section 2(2)(B) of the 
National Labor Relations Act (29 U.S.C. 152(2)(B)).’’. 
VerDate Sep 11 2014 
22:10 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H3441.RH
H3441
ethrower on DSK3G9T082PROD with BILLS
VerDate Sep 11 2014 
22:10 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H3441.RH
H3441
ethrower on DSK3G9T082PROD with BILLS
Union Calendar No. 278 
115TH CONGRESS 
1ST SESSION 
H. R. 3441 
[Report No. 115–379] 
A BILL 
To clarify the treatment of two or more employers 
as joint employers under the National Labor Re-
lations Act and the Fair Labor Standards Act of 
1938. 
NOVEMBER 1, 2017 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
22:10 Nov 01, 2017
Jkt 079200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H3441.RH
H3441
ethrower on DSK3G9T082PROD with BILLS
II 
Calendar No. 304 
115TH CONGRESS 
2D SESSION 
H. R. 3445 
IN THE SENATE OF THE UNITED STATES 
JANUARY 18, 2018 
Received 
FEBRUARY 6, 2018 
Read twice and placed on the calendar 
AN ACT 
To enhance the transparency and accelerate the impact of 
programs under the African Growth and Opportunity 
Act and the Millennium Challenge Corporation, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘African Growth and 
Opportunity Act and Millennium Challenge Act Mod-
ernization Act’’ or the ‘‘AGOA and MCA Modernization 
Act’’. 
VerDate Sep 11 2014 
00:14 Feb 07, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3445.PCS
H3445
dlhill on DSK3GLQ082PROD with BILLS
‘‘(2) The term ‘classified information’ means in-
formation or material properly classified and clearly 
marked or represented, or that the person knows or 
has reason to believe has been properly classified by 
appropriate authorities, pursuant to the provisions 
of a statute or Executive order, as requiring protec-
tion against unauthorized disclosure for reasons of 
national security.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of that chapter is amended by striking 
the item relating to section 798A and inserting the fol-
lowing new items: 
‘‘798A. Unauthorized disclosure of classified information. 
‘‘798B. Temporary extension of section 794.’’. 
Æ 
VerDate Sep 11 2014 
03:58 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H3448.IH
H3448
SSpencer on DSKBBV9HB2PROD with BILLS
ble Federal, State, and local laws that pro-
tect human health and the environment. 
‘‘(2) LIMITATION.—A grant under subsection 
(a) may not be used for an anaerobic digester that 
uses solely manure as undigested biomass. 
‘‘(3) PREFERENCE.—The Administrator shall 
give preference to grants under subsection (a) for 
anaerobic digesters that use primarily nonedible 
food, crop waste, or nonedible food and crop waste 
as undigested biomass. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$100,000,000 for each fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
is amended by inserting after the item relating to section 
7010 the following: 
‘‘Sec. 7011. Grants for composting and anaerobic digestion food waste-to-en-
ergy projects.’’. 
SEC. 505. GOVERNMENT ACCOUNTABILITY OFFICE AUDIT. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General 
of the United States (referred to in this section as the 
‘‘Comptroller General’’) shall conduct an audit to assess 
estimates of postharvest food loss and waste in the United 
States, including estimates by the Department of Agri-
VerDate Sep 11 2014 
22:51 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3444.IH
H3444
asabaliauskas on DSKBBXCHB2PROD with BILLS
culture and other government, academic, and industry 
stakeholders. 
(b) REQUIREMENTS.—The Comptroller General, as 
part of the audit conducted under subsection (a)— 
(1) shall— 
(A) assess the extent to which the esti-
mates described in that subsection provide a 
valid benchmark for the amount and value of 
postharvest food loss and waste in the United 
States; 
(B) evaluate the reliability of the data, and 
the validity and accuracy of the assumptions 
and models, underlying the estimates; and 
(C) if appropriate, include recommenda-
tions to improve the estimates; and 
(2) if the Comptroller General determines that 
the estimates described in that subsection are invalid 
under paragraph (1)(A), may conduct an estimate of 
postharvest food loss and waste in the United 
States. 
Æ 
VerDate Sep 11 2014 
22:51 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6301
E:\BILLS\H3444.IH
H3444
asabaliauskas on DSKBBXCHB2PROD with BILLS
I 
115TH CONGRESS 
1ST SESSION H. R. 3445 
To enhance the transparency and accelerate the impact of programs under 
the African Growth and Opportunity Act and the Millennium Challenge 
Corporation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2017 
Mr. ROYCE of California (for himself, Mr. ENGEL, Mr. SMITH of New Jersey, 
and Ms. BASS) introduced the following bill; which was referred to the 
Committee on Foreign Affairs 
A BILL 
To enhance the transparency and accelerate the impact of 
programs under the African Growth and Opportunity 
Act and the Millennium Challenge Corporation, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘African Growth and 
Opportunity Act and Millennium Challenge Act Mod-
ernization Act’’ or the ‘‘AGOA and MCA Modernization 
Act’’. 
VerDate Sep 11 2014 
03:50 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3445.IH
H3445
SSpencer on DSKBBV9HB2PROD with BILLS
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—ENHANCEMENT OF THE AFRICAN GROWTH AND 
OPPORTUNITY ACT 
Sec. 101. Statement of policy. 
Sec. 102. Activities in support of transparency. 
Sec. 103. Activities in support of trade capacity building. 
Sec. 104. Eligible sub-Saharan African country. 
TITLE II—MODERNIZATION OF THE MILLENNIUM CHALLENGE 
CORPORATION 
Sec. 201. Candidacy status. 
Sec. 202. Carryover authority for private-sector members of board of directors. 
Sec. 203. Additional reporting to the board on the treatment of civil society in 
an eligible country. 
Sec. 204. Concurrent compacts under the Millennium Challenge Act of 2003. 
Sec. 205. Public notification of entering into a compact. 
Sec. 206. Disclosure. 
Sec. 207. Restriction on the use of assistance under section 616. 
Sec. 208. Study on subnational compacts. 
TITLE I—ENHANCEMENT OF THE 
AFRICAN GROWTH AND OP-
PORTUNITY ACT 
SEC. 101. STATEMENT OF POLICY. 
It is the policy of the United States to support efforts 
to— 
(1) improve the rule of law, promote free and 
fair elections, strengthen and expand the private sec-
tor, and fight corruption in sub-Saharan Africa; and 
(2) promote the role of women in social, polit-
ical, and economic development in sub-Saharan Afri-
ca. 
VerDate Sep 11 2014 
03:50 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3445.IH
H3445
SSpencer on DSKBBV9HB2PROD with BILLS
I 
115TH CONGRESS 
1ST SESSION H. R. 3455 
To amend the Internal Revenue Code of 1986 to treat certain farming 
business machinery and equipment as 5-year property for purposes of 
depreciation. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2017 
Mr. ABRAHAM (for himself, Mr. PETERSON, and Mr. CRAWFORD) introduced 
the following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to treat cer-
tain farming business machinery and equipment as 5- 
year property for purposes of depreciation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for Agricul-
tural Machinery and Equipment Act’’. 
VerDate Sep 11 2014 
23:19 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3455.IH
H3455
sradovich on DSK3GMQ082PROD with BILLS
IB 
Union Calendar No. 358 
115TH CONGRESS 
2D SESSION 
H. R. 3445 
[Report No. 115–484] 
To enhance the transparency and accelerate the impact of programs under 
the African Growth and Opportunity Act and the Millennium Challenge 
Corporation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2017 
Mr. ROYCE of California (for himself, Mr. ENGEL, Mr. SMITH of New Jersey, 
and Ms. BASS) introduced the following bill; which was referred to the 
Committee on Foreign Affairs 
JANUARY 3, 2018 
Additional sponsors: Ms. SEWELL of Alabama, Mr. TED LIEU of California, 
Mr. REICHERT, Mr. CAPUANO, and Mr. SERRANO 
JANUARY 3, 2018 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
VerDate Sep 11 2014 
01:51 Jan 04, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3445.RH
H3445
lotter on DSKBCFDHB2PROD with BILLS
A BILL 
To enhance the transparency and accelerate the impact of 
programs under the African Growth and Opportunity 
Act and the Millennium Challenge Corporation, and for 
other purposes. 
VerDate Sep 11 2014 
01:51 Jan 04, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H3445.RH
H3445
lotter on DSKBCFDHB2PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘African Growth and 
Opportunity Act and Millennium Challenge Act Mod-
ernization Act’’ or the ‘‘AGOA and MCA Modernization 
Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—ENHANCEMENT OF THE AFRICAN GROWTH AND 
OPPORTUNITY ACT 
Sec. 101. Statement of policy. 
Sec. 102. Activities in support of transparency. 
Sec. 103. Activities in support of trade capacity building. 
Sec. 104. Eligible sub-Saharan African country. 
TITLE II—MODERNIZATION OF THE MILLENNIUM CHALLENGE 
CORPORATION 
Sec. 201. Candidacy status. 
Sec. 202. Carryover authority for private-sector members of board of directors. 
Sec. 203. Additional reporting to the board on the treatment of civil society in 
an eligible country. 
Sec. 204. Concurrent compacts under the Millennium Challenge Act of 2003. 
Sec. 205. Public notification of entering into a compact. 
Sec. 206. Disclosure. 
Sec. 207. Restriction on the use of assistance under section 616. 
Sec. 208. Study on subnational compacts. 
TITLE I—ENHANCEMENT OF THE 
AFRICAN GROWTH AND OP-
PORTUNITY ACT 
SEC. 101. STATEMENT OF POLICY. 
It is the policy of the United States to support efforts 
to— 
VerDate Sep 11 2014 
01:51 Jan 04, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3445.RH
H3445
lotter on DSKBCFDHB2PROD with BILLS
SEC. 2. CERTAIN FARMING BUSINESS MACHINERY AND 
EQUIPMENT TREATED AS 5-YEAR PROPERTY. 
(a) 
IN
GENERAL.—Clause 
(vii) 
of 
section 
168(e)(3)(B) of the Internal Revenue Code of 1986 is 
amended to read as follows: 
‘‘(vii) any machinery or equipment 
(including any grain bin, cotton ginning 
asset, or fence, and excluding any other 
land improvement) which is used in a 
farming business (as defined in section 
263A(e)(4)) the original use of which com-
mences with the taxpayer after the date of 
the enactment of the Fairness for Agricul-
tural Machinery and Equipment Act.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
the date of the enactment of this Act. 
Æ 
VerDate Sep 11 2014 
23:19 Aug 08, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6301
E:\BILLS\H3455.IH
H3455
sradovich on DSK3GMQ082PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Furthering Access to 
Coordinated Treatment for Seniors Act of 2017’’ or the 
‘‘FACTS Act of 2017’’. 
SEC. 2. PROVIDING PRESCRIPTION DRUG PLANS WITH 
PARTS A AND B CLAIMS DATA TO PROMOTE 
THE APPROPRIATE USE OF MEDICATIONS 
AND IMPROVE HEALTH OUTCOMES. 
Section 1860D–4(c) of the Social Security Act (42 
U.S.C. 1395w–104(c)) is amended by adding at the end 
the following new paragraph: 
‘‘(7) PROVIDING
PRESCRIPTION
DRUG
PLANS 
WITH PARTS A AND B CLAIMS DATA TO PROMOTE 
THE APPROPRIATE USE OF MEDICATIONS AND IM-
PROVE HEALTH OUTCOMES.— 
‘‘(A) PROCESS.—Subject to subparagraph 
(C), the Secretary shall establish a process 
under which a PDP sponsor of a prescription 
drug plan may submit a request for the Sec-
retary to provide the sponsor, on a periodic 
basis and in an electronic format, beginning in 
plan year 2020, data described in subparagraph 
(D) with respect to enrollees in such plan. Such 
data shall be provided without regard to wheth-
er such enrollees are described in clause (ii) of 
paragraph (2)(A). 
VerDate Sep 11 2014 
20:05 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3447.IH
H3447
mstockstill on DSK30JT082PROD with BILLS
‘‘(B) PURPOSES.—A PDP sponsor may 
use the data provided to the sponsor pursuant 
to subparagraph (A) for any of the following 
purposes: 
‘‘(i) To optimize therapeutic outcomes 
through improved medication use, as such 
phrase is used in clause (i) of paragraph 
(2)(A). 
‘‘(ii) To improve care coordination so 
as to prevent adverse health outcomes, 
such as preventable emergency department 
visits and hospital readmissions. 
‘‘(iii) For any other purpose deter-
mined appropriate by the Secretary. 
‘‘(C) LIMITATIONS ON DATA USE.—A PDP 
sponsor shall not use data provided to the spon-
sor pursuant to subparagraph (A) for any of 
the following purposes: 
‘‘(i) To inform coverage determina-
tions under this part. 
‘‘(ii) To conduct retroactive reviews of 
medically accepted indications determina-
tions. 
‘‘(iii) To direct enrollment changes to 
a different prescription drug plan or an 
VerDate Sep 11 2014 
20:05 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3447.IH
H3447
mstockstill on DSK30JT082PROD with BILLS
MA–PD plan offered by the same parent 
organization. 
‘‘(iv) To inform marketing of benefits. 
‘‘(v) For any other purpose that the 
Secretary determines is necessary to in-
clude in order to protect the identity of in-
dividuals entitled to, or enrolled for, bene-
fits under this title and to protect the se-
curity of personal health information. 
‘‘(D) DATA
DESCRIBED.—The data de-
scribed in this subparagraph are standardized 
extracts (as determined by the Secretary) of 
claims data under parts A and B for items and 
services furnished under such parts for time pe-
riods specified by the Secretary. Such data shall 
include data as current as practicable.’’. 
Æ 
VerDate Sep 11 2014 
20:05 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H3447.IH
H3447
mstockstill on DSK30JT082PROD with BILLS