113 HR 733 IH: Access to Veterans Benefits Improvement Act
U.S. House of Representatives
2013-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 733
		IN THE HOUSE OF REPRESENTATIVES

			February 14, 2013
			Mr. Runyan (for
			 himself and Mr. Walz) introduced the
			 following bill; which was referred to the Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to provide certain
		  employees of Members of Congress and certain employees of State or local
		  governmental agencies with access to case-tracking information of the
		  Department of Veterans Affairs.

		1.Short titleThis Act may be cited as the
			 Access to Veterans Benefits
			 Improvement Act.
		2.Provision of access to
			 case-tracking information
			(a)In
			 generalChapter 59 of title
			 38, United States Code, is amended by adding at the end the following:

					5906.Provision of
				access to case-tracking information
						(a)In
				general(1)In
				accordance with subsection (b), the Secretary shall provide a covered employee
				with access to the case-tracking system to provide a veteran with information
				regarding the status of a claim submitted by such veteran, regardless of
				whether such employee is acting under a power of attorney executed by such
				veteran.
							(2)In providing a covered employee with
				access to the case-tracking system under paragraph (1), the Secretary shall
				ensure—
								(A)that such access—
									(i)is provided in a manner that does
				not allow such employee to modify the data contained in such system; and
									(ii)does not include access to medical
				records; and
									(B)that each time a covered employee
				accesses such system, the employee must certify that such access is for
				official purposes only.
								(b)Privacy
				certification courseThe Secretary may not provide a covered
				employee with access to the case-tracking system under subsection (a)(1) unless
				the covered employee has successfully completed a certification course on
				privacy issues provided by the Secretary.
						(c)Treatment of
				disclosureThe access to information by a covered employee
				pursuant to subsection (a)(1) shall be deemed to be—
							(1)a covered disclosure under section 552a(b)
				of title 5; and
							(2)a permitted disclosure under regulations
				promulgated under section 264(c) of the Health Insurance Portability and
				Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
							(d)DefinitionsIn this section:
							(1)The term
				case-tracking system means the system of the Department of
				Veterans Affairs that provides information regarding the status of a claim
				submitted by a veteran.
							(2)The term covered employee
				means—
								(A)an employee of a
				Member of Congress who assists the constituents of the Member with issues
				regarding departments or agencies of the Federal Government; or
								(B)an employee of a
				State or local governmental agency (including a veterans service officer) who,
				in the course of carrying out the responsibilities of such employment, assists
				veterans with claims for any benefit under the laws administered by the
				Secretary.
								.
			(b)Clerical
			 amendmentThe table of sections at the beginning of such chapter
			 is amended by adding at the end the following new item:

						5906. Provision of access to case-tracking
				information.

					.


116 HR 578 IH: To direct the Secretary of Veterans Affairs to seek to enter into an agreement with the city of Vallejo, California, for the transfer of Mare Island Naval Cemetery in Vallejo, California, and for other purposes.
U.S. House of Representatives
2019-01-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 578IN THE HOUSE OF REPRESENTATIVESJanuary 15, 2019Mr. Thompson of California (for himself, Mrs. Davis of California, Mr. Peters, Ms. Judy Chu of California, Mr. Panetta, Ms. Norton, Mr. Kilmer, Mr. Garamendi, Ms. Speier, Mr. Payne, Mr. Cook, Mr. Huffman, Mr. Sires, Ms. Lofgren, Miss Rice of New York, Mr. Costa, Ms. Matsui, Mr. Swalwell of California, Mr. Vargas, Ms. Eshoo, Mr. McNerney, Mr. DeSaulnier, Mr. Schiff, Mr. Aguilar, Mr. Hunter, Mr. McGovern, Ms. Barragán, Mr. Carbajal, Mr. Keating, Mr. Moulton, Ms. Sánchez, Mr. Khanna, Mr. Pallone, Mr. King of New York, Ms. Kuster of New Hampshire, Mr. McClintock, and Mr. Bilirakis) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to seek to enter into an agreement with the city of
			 Vallejo, California, for the transfer of Mare Island Naval Cemetery in
			 Vallejo, California, and for other purposes.

		1.Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for maintenance by National
			 Cemetery Administration
 (a)AgreementThe Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo, California, under which the city of Vallejo shall transfer to the Secretary all right, title, and interest in the Mare Island Naval Cemetery in Vallejo, California, at no cost to the Secretary.
 (b)Maintenance by NCAIf the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery as a national shrine.


		I
		112th CONGRESS
		1st Session
		H. R. 1397
		IN THE HOUSE OF REPRESENTATIVES

			April 6, 2011
			Mr. Frank of
			 Massachusetts (for himself, Ms.
			 Ros-Lehtinen, Mr. George Miller of
			 California, Ms. Pelosi,
			 Mr. Hoyer,
			 Mr. Conyers,
			 Ms. Baldwin,
			 Mr. Polis,
			 Mr. Cicilline,
			 Mr. Nadler,
			 Mr. Andrews,
			 Ms. Richardson,
			 Mr. Doyle,
			 Ms. Speier,
			 Mr. Holt, Mrs. Lowey, Mr.
			 Peters, Mr. Israel,
			 Ms. Chu, Mr. Wu, Ms.
			 DeGette, Mr. Berman,
			 Mr. Jackson of Illinois,
			 Mr. Ackerman,
			 Ms. Clarke of New York,
			 Mr. Towns,
			 Mr. McDermott,
			 Mr. Grijalva,
			 Mrs. Davis of California,
			 Mr. Loebsack,
			 Mr. Moran,
			 Ms. Tsongas,
			 Mr. Sarbanes,
			 Ms. Linda T. Sánchez of California,
			 Mr. Keating,
			 Mr. Filner,
			 Mr. Cooper,
			 Ms. Sutton,
			 Mr. Quigley,
			 Mr. Waxman,
			 Ms. Lee of California,
			 Mr. Connolly of Virginia,
			 Mr. Courtney,
			 Mr. Larsen of Washington,
			 Mr. Hinchey,
			 Mr. Markey,
			 Mr. Tierney,
			 Mr. Olver,
			 Mr. Capuano,
			 Mr. Farr, Ms. Schakowsky, Mrs.
			 Maloney, Mr. Dingell,
			 Mr. Gutierrez,
			 Mr. Stark,
			 Mr. Scott of Virginia,
			 Mr. Platts,
			 Mr. Crowley,
			 Mr. Serrano,
			 Ms. Eshoo,
			 Ms. Roybal-Allard,
			 Mr. Honda,
			 Ms. Schwartz,
			 Ms. Moore,
			 Mrs. Capps,
			 Mr. Price of North Carolina,
			 Mr. Sherman,
			 Mr. Becerra,
			 Ms. Zoe Lofgren of California,
			 Ms. DeLauro,
			 Mr. Schiff,
			 Mr. Heinrich,
			 Mr. Rangel,
			 Mr. Rothman of New Jersey,
			 Mr. Sires,
			 Mr. Brady of Pennsylvania,
			 Mr. Boswell,
			 Mr. Braley of Iowa,
			 Ms. Castor of Florida,
			 Mr. Levin,
			 Mr. McGovern,
			 Mr. Fattah,
			 Mr. Higgins,
			 Mrs. Napolitano,
			 Ms. Berkley,
			 Mr. Luján,
			 Mr. Michaud,
			 Mr. Weiner,
			 Mr. Hastings of Florida,
			 Ms. Woolsey,
			 Ms. Hirono,
			 Mrs. Biggert,
			 Ms. Norton,
			 Ms. McCollum,
			 Mr. Van Hollen,
			 Ms. Pingree of Maine,
			 Mr. Engel,
			 Ms. Wasserman Schultz,
			 Mr. Lewis of Georgia,
			 Mr. Cohen,
			 Mr. Deutch,
			 Mr. Pascrell,
			 Ms. Waters,
			 Mr. Kildee,
			 Mr. Inslee,
			 Mr. Langevin,
			 Mr. Smith of Washington,
			 Mr. Lynch,
			 Mr. Neal, Mr. Cummings, Mr.
			 Larson of Connecticut, and Ms.
			 Fudge) introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce, and in addition to the Committees on
			 House Administration,
			 Oversight and Government
			 Reform, and the
			 Judiciary, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To prohibit employment discrimination on the basis of
		  sexual orientation or gender identity.

		1.Short titleThis Act may be cited as the
			 Employment Non-Discrimination
			 Act.
		2.PurposesThe purposes of this Act are—
			(1)to address the history and widespread
			 pattern of discrimination on the basis of sexual orientation or gender identity
			 by private sector employers and local, State, and Federal Government
			 employers;
			(2)to provide a
			 comprehensive Federal prohibition of employment discrimination on the basis of
			 sexual orientation or gender identity, including meaningful and effective
			 remedies for any such discrimination; and
			(3)to invoke congressional powers, including
			 the powers to enforce the 14th Amendment to the Constitution, and to regulate
			 interstate commerce and provide for the general welfare pursuant to section 8
			 of article I of the Constitution, in order to prohibit employment
			 discrimination on the basis of sexual orientation or gender identity.
			3.Definitions
			(a)In
			 generalIn this Act:
				(1)CommissionThe
			 term Commission means the Equal Employment Opportunity
			 Commission.
				(2)Covered
			 entityThe term covered entity means an employer,
			 employment agency, labor organization, or joint labor-management
			 committee.
				(3)Employee
					(A)In
			 generalthe term employee means—
						(i)an
			 employee as defined in section 701(f) of the Civil Rights Act of 1964 (42
			 U.S.C. 2000e(f));
						(ii)a
			 Presidential appointee or State employee to which section 302(a)(1) of the
			 Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16(a)(1))
			 applies;
						(iii)a
			 covered employee, as defined in section 101 of the Congressional Accountability
			 Act of 1995 (2 U.S.C. 1301) or section 411(c) of title 3, United States Code;
			 or
						(iv)an
			 employee or applicant to which section 717(a) of the Civil Rights Act of 1964
			 (42 U.S.C. 2000e–16(a)) applies.
						(B)ExceptionThe
			 provisions of this Act that apply to an employee or individual shall not apply
			 to a volunteer who receives no compensation.
					(4)EmployerThe
			 term employer means—
					(A)a person engaged
			 in an industry affecting commerce (as defined in section (701)(h) of the Civil
			 Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 15 or more employees (as
			 defined in subparagraphs (A)(i) and (B) of paragraph (3)) for each working day
			 in each of 20 or more calendar weeks in the current or preceding calendar year,
			 and any agent of such a person, but does not include a bona fide private
			 membership club (other than a labor organization) that is exempt from taxation
			 under section 501(c) of the Internal Revenue Code of 1986;
					(B)an employing
			 authority to which section 302(a)(1) of the Government Employee Rights Act of
			 1991 applies;
					(C)an employing
			 office, as defined in section 101 of the Congressional Accountability Act of
			 1995 or section 411(c) of title 3, United States Code; or
					(D)an entity to which
			 section 717(a) of the Civil Rights Act of 1964 applies.
					(5)Employment
			 agencyThe term employment agency has the meaning
			 given the term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C.
			 2000e(c)).
				(6)Gender
			 identityThe term gender identity means the
			 gender-related identity, appearance, or mannerisms or other gender-related
			 characteristics of an individual, with or without regard to the individual’s
			 designated sex at birth.
				(7)Labor
			 organizationThe term labor organization has the
			 meaning given the term in section 701(d) of the Civil Rights Act of 1964 (42
			 U.S.C. 2000e(d)).
				(8)PersonThe
			 term person has the meaning given the term in section 701(a) of
			 the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)).
				(9)Sexual
			 orientationThe term sexual orientation means
			 homosexuality, heterosexuality, or bisexuality.
				(10)StateThe
			 term State has the meaning given the term in section 701(i) of the
			 Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).
				(b)Application of
			 definitionsFor purposes of this section, a reference in section
			 701 of the Civil Rights Act of 1964—
				(1)to an employee or
			 an employer shall be considered to refer to an employee (as defined in
			 paragraph (3)) or an employer (as defined in paragraph (4)), respectively,
			 except as provided in paragraph (2) below; and
				(2)to an employer in
			 subsection (f) of that section shall be considered to refer to an employer (as
			 defined in paragraph (4)(A)).
				4.Employment
			 discrimination prohibited
			(a)Employer
			 practicesIt shall be an unlawful employment practice for an
			 employer—
				(1)to fail or refuse to hire or to discharge
			 any individual, or otherwise discriminate against any individual with respect
			 to the compensation, terms, conditions, or privileges of employment of the
			 individual, because of such individual’s actual or perceived sexual orientation
			 or gender identity; or
				(2)to limit, segregate, or classify the
			 employees or applicants for employment of the employer in any way that would
			 deprive or tend to deprive any individual of employment or otherwise adversely
			 affect the status of the individual as an employee, because of such
			 individual’s actual or perceived sexual orientation or gender identity.
				(b)Employment
			 agency practicesIt shall be
			 an unlawful employment practice for an employment agency to fail or refuse to
			 refer for employment, or otherwise to discriminate against, any individual
			 because of the actual or perceived sexual orientation or gender identity of the
			 individual or to classify or refer for employment any individual on the basis
			 of the actual or perceived sexual orientation or gender identity of the
			 individual.
			(c)Labor
			 organization practicesIt shall be an unlawful employment
			 practice for a labor organization—
				(1)to exclude or to expel from its membership,
			 or otherwise to discriminate against, any individual because of the actual or
			 perceived sexual orientation or gender identity of the individual;
				(2)to limit, segregate, or classify its
			 membership or applicants for membership, or to classify or fail or refuse to
			 refer for employment any individual, in any way that would deprive or tend to
			 deprive any individual of employment, or would limit such employment or
			 otherwise adversely affect the status of the individual as an employee or as an
			 applicant for employment because of such individual’s actual or perceived
			 sexual orientation or gender identity; or
				(3)to cause or
			 attempt to cause an employer to discriminate against an individual in violation
			 of this section.
				(d)Training
			 programsIt shall be an
			 unlawful employment practice for any employer, labor organization, or joint
			 labor-management committee controlling apprenticeship or other training or
			 retraining, including on-the-job training programs, to discriminate against any
			 individual because of the actual or perceived sexual orientation or gender
			 identity of the individual in admission to, or employment in, any program
			 established to provide apprenticeship or other training.
			(e)AssociationAn unlawful employment practice described
			 in any of subsections (a) through (d) shall be considered to include an action
			 described in that subsection, taken against an individual based on the actual
			 or perceived sexual orientation or gender identity of a person with whom the
			 individual associates or has associated.
			(f)No preferential
			 treatment or QuotasNothing in this Act shall be construed or
			 interpreted to require or permit—
				(1)any covered entity to grant preferential
			 treatment to any individual or to any group because of the actual or perceived
			 sexual orientation or gender identity of such individual or group on account of
			 an imbalance which may exist with respect to the total number or percentage of
			 persons of any actual or perceived sexual orientation or gender identity
			 employed by any employer, referred or classified for employment by any
			 employment agency or labor organization, admitted to membership or classified
			 by any labor organization, or admitted to, or employed in, any apprenticeship
			 or other training program, in comparison with the total number or percentage of
			 persons of such actual or perceived sexual orientation or gender identity in
			 any community, State, section, or other area, or in the available work force in
			 any community, State, section, or other area; or
				(2)the adoption or implementation by a covered
			 entity of a quota on the basis of actual or perceived sexual orientation or
			 gender identity.
				(g)Disparate
			 impactOnly disparate treatment claims may be brought under this
			 Act.
			5.Retaliation
			 prohibitedIt shall be an
			 unlawful employment practice for a covered entity to discriminate against an
			 individual because such individual (1) opposed any practice made an unlawful
			 employment practice by this Act; or (2) made a charge, testified, assisted, or
			 participated in any manner in an investigation, proceeding, or hearing under
			 this Act.
		6.Exemption for
			 Religious OrganizationsThis
			 Act shall not apply to a corporation, association, educational institution, or
			 society that is exempt from the religious discrimination provisions of title
			 VII of the Civil Rights Acts of 1964 pursuant to section 702(a) or 703(e)(2) of
			 such Act (42 U.S.C. 2000e–1(a); 2000e–2(e)(2)).
		7.Nonapplication to
			 members of the armed forces; veterans’ preferences
			(a)Armed
			 forces
				(1)EmploymentIn
			 this Act, the term employment does not apply to the relationship
			 between the United States and members of the Armed Forces.
				(2)Armed
			 forcesIn paragraph (1) the term Armed Forces means
			 the Army, Navy, Air Force, Marine Corps, and Coast Guard.
				(b)Veterans’
			 preferencesThis title does not repeal or modify any Federal,
			 State, territorial, or local law creating a special right or preference
			 concerning employment for a veteran.
			8.Construction
			(a)Employer rules
			 and policies
				(1)In
			 generalNothing in this Act
			 shall be construed to prohibit a covered entity from enforcing rules and
			 policies that do not intentionally circumvent the purposes of this Act, if the
			 rules or policies are designed for, and uniformly applied to, all individuals
			 regardless of actual or perceived sexual orientation or gender identity.
				(2)Sexual
			 harassmentNothing in this
			 Act shall be construed to limit a covered entity from taking adverse action
			 against an individual because of a charge of sexual harassment against that
			 individual, provided that rules and policies on sexual harassment, including
			 when adverse action is taken, are designed for, and uniformly applied to, all
			 individuals regardless of actual or perceived sexual orientation or gender
			 identity.
				(3)Certain shared
			 facilitiesNothing in this Act shall be construed to establish an
			 unlawful employment practice based on actual or perceived gender identity due
			 to the denial of access to shared shower or dressing facilities in which being
			 seen unclothed is unavoidable, provided that the employer provides reasonable
			 access to adequate facilities that are not inconsistent with the employee’s
			 gender identity as established with the employer at the time of employment or
			 upon notification to the employer that the employee has undergone or is
			 undergoing gender transition, whichever is later.
				(4)Additional
			 facilities not requiredNothing in this Act shall be construed to
			 require the construction of new or additional facilities.
				(5)Dress and
			 grooming standardsNothing in
			 this Act shall prohibit an employer from requiring an employee, during the
			 employee’s hours at work, to adhere to reasonable dress or grooming standards
			 not prohibited by other provisions of Federal, State, or local law, provided
			 that the employer permits any employee who has undergone gender transition
			 prior to the time of employment, and any employee who has notified the employer
			 that the employee has undergone or is undergoing gender transition after the
			 time of employment, to adhere to the same dress or grooming standards for the
			 gender to which the employee has transitioned or is transitioning.
				(b)Employee
			 benefitsNothing in this Act
			 shall be construed to require a covered entity to treat an unmarried couple in
			 the same manner as the covered entity treats a married couple for purposes of
			 employee benefits.
			(c)Definition of
			 marriageAs used in this Act,
			 the term married refers to marriage as such term is defined in
			 section 7 of title I, United States Code (referred to as the Defense of
			 Marriage Act).
			9.Collection of
			 statistics prohibitedThe
			 Commission shall not collect statistics on actual or perceived sexual
			 orientation or gender identity from covered entities, or compel the collection
			 of such statistics by covered entities.
		10.Enforcement
			(a)Enforcement
			 powersWith respect to the administration and enforcement of this
			 Act in the case of a claim alleged by an individual for a violation of this
			 Act—
				(1)the Commission
			 shall have the same powers as the Commission has to administer and
			 enforce—
					(A)title VII of the
			 Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or
					(B)sections 302 and
			 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and
			 2000e–16c),
					in the case
			 of a claim alleged by such individual for a violation of such title, or of
			 section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C.
			 2000e–16b(a)(1)), respectively;(2)the Librarian of
			 Congress shall have the same powers as the Librarian of Congress has to
			 administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C.
			 2000e et seq.) in the case of a claim alleged by such individual for a
			 violation of such title;
				(3)the Board (as
			 defined in section 101 of the Congressional Accountability Act of 1995 (2
			 U.S.C. 1301)) shall have the same powers as the Board has to administer and
			 enforce the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in
			 the case of a claim alleged by such individual for a violation of section
			 201(a)(1) of such Act (2 U.S.C. 1311(a)(1));
				(4)the Attorney
			 General shall have the same powers as the Attorney General has to administer
			 and enforce—
					(A)title VII of the
			 Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or
					(B)sections 302 and 304 of the Government
			 Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c);
					in the case
			 of a claim alleged by such individual for a violation of such title, or of
			 section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C.
			 2000e–16b(a)(1)), respectively;(5)the President, the
			 Commission, and the Merit Systems Protection Board shall have the same powers
			 as the President, the Commission, and the Board, respectively, have to
			 administer and enforce chapter 5 of title 3, United States Code, in the case of
			 a claim alleged by such individual for a violation of section 411 of such
			 title; and
				(6)a
			 court of the United States shall have the same jurisdiction and powers as the
			 court has to enforce—
					(A)title VII of the
			 Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim
			 alleged by such individual for a violation of such title;
					(B)sections 302 and 304 of the Government
			 Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c) in the case of
			 a claim alleged by such individual for a violation of section 302(a)(1) of such
			 Act (42 U.S.C. 2000e–16b(a)(1));
					(C)the Congressional
			 Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in the case of a claim
			 alleged by such individual for a violation of section 201(a)(1) of such Act (2
			 U.S.C. 1311(a)(1)); and
					(D)chapter 5 of title
			 3, United States Code, in the case of a claim alleged by such individual for a
			 violation of section 411 of such title.
					(b)Procedures and
			 remediesThe procedures and remedies applicable to a claim
			 alleged by an individual for a violation of this Act are—
				(1)the procedures and
			 remedies applicable for a violation of title VII of the Civil Rights Act of
			 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such
			 individual for a violation of such title;
				(2)the procedures and
			 remedies applicable for a violation of section 302(a)(1) of the Government
			 Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim
			 alleged by such individual for a violation of such section;
				(3)the procedures and
			 remedies applicable for a violation of section 201(a)(1) of the Congressional
			 Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged
			 by such individual for a violation of such section; and
				(4)the procedures and
			 remedies applicable for a violation of section 411 of title 3, United States
			 Code, in the case of a claim alleged by such individual for a violation of such
			 section.
				(c)Other applicable
			 provisionsWith respect to a claim alleged by a covered employee
			 (as defined in section 101 of the Congressional Accountability Act of 1995 (2
			 U.S.C. 1301)) for a violation of this Act, 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 alleged by such a covered
			 employee for a violation of section 201(a)(1) of such Act (2 U.S.C.
			 1311(a)(1)).
			11.State and
			 Federal immunity
			(a)Abrogation of
			 State immunityA State shall not be immune under the 11th
			 Amendment to the Constitution from a suit brought in a Federal court of
			 competent jurisdiction for a violation of this Act.
			(b)Waiver of State
			 immunity
				(1)In
			 general
					(A)WaiverA
			 State’s receipt or use of Federal financial assistance for any program or
			 activity of a State shall constitute a waiver of sovereign immunity, under the
			 11th Amendment to the Constitution or otherwise, to a suit brought by an
			 employee or applicant for employment of that program or activity under this Act
			 for a remedy authorized under subsection (d).
					(B)DefinitionIn
			 this paragraph, the term program or activity has the meaning given
			 the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C.
			 2000d–4a).
					(2)Effective
			 dateWith respect to a particular program or activity, paragraph
			 (1) applies to conduct occurring on or after the day, after the date of
			 enactment of this Act, on which a State first receives or uses Federal
			 financial assistance for that program or activity.
				(c)Remedies Against
			 State OfficialsAn official
			 of a State may be sued in the official capacity of the official by any employee
			 or applicant for employment who has complied with the applicable procedures of
			 section 10, for equitable relief that is authorized under this Act. In such a
			 suit the court may award to the prevailing party those costs authorized by
			 section 722 of the Revised Statutes of the United States (42 U.S.C.
			 1988).
			(d)Remedies against
			 the United States and the StatesNotwithstanding any other
			 provision of this Act, in an action or administrative proceeding against the
			 United States or a State for a violation of this Act, remedies (including
			 remedies at law and in equity, and interest) are available for the violation to
			 the same extent as the remedies are available for a violation of title VII of
			 the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by a private entity,
			 except that—
				(1)punitive damages
			 are not available; and
				(2)compensatory
			 damages are available to the extent specified in section 1977A(b) of the
			 Revised Statutes (42 U.S.C. 1981a(b)).
				12.Attorneys’
			 feesNotwithstanding any other
			 provision of this Act, in an action or administrative proceeding for a
			 violation of this Act, an entity described in section 10(a) (other than
			 paragraph (4) of such section), in the discretion of the entity, may allow the
			 prevailing party, other than the Commission or the United States, a reasonable
			 attorney’s fee (including expert fees) as part of the costs. The Commission and
			 the United States shall be liable for the costs to the same extent as a private
			 person.
		13.Posting
			 noticesA covered entity who
			 is required to post notices described in section 711 of the Civil Rights Act of
			 1964 (42 U.S.C. 2000e–10) shall post notices for employees, applicants for
			 employment, and members, to whom the provisions specified in section 10(b)
			 apply, that describe the applicable provisions of this Act in the manner
			 prescribed by, and subject to the penalty provided under, section 711 of the
			 Civil Rights Act of 1964.
		14.Regulations
			(a)In
			 generalExcept as provided in subsections (b), (c), and (d), the
			 Commission shall have authority to issue regulations to carry out this
			 Act.
			(b)Librarian of
			 CongressThe Librarian of Congress shall have authority to issue
			 regulations to carry out this Act with respect to employees and applicants for
			 employment of the Library of Congress.
			(c)BoardThe
			 Board referred to in section 10(a)(3) shall have authority to issue regulations
			 to carry out this Act, in accordance with section 304 of the Congressional
			 Accountability Act of 1995 (2 U.S.C. 1384), with respect to covered employees,
			 as defined in section 101 of such Act (2 U.S.C. 1301).
			(d)PresidentThe
			 President shall have authority to issue regulations to carry out this Act with
			 respect to covered employees, as defined in section 411(c) of title 3, United
			 States Code.
			15.Relationship to
			 other lawsThis Act shall not
			 invalidate or limit the rights, remedies, or procedures available to an
			 individual claiming discrimination prohibited under any other Federal law or
			 regulation or any law or regulation of a State or political subdivision of a
			 State.
		16.SeverabilityIf any provision of this Act, or the
			 application of the provision to any person or circumstance, is held to be
			 invalid, the remainder of this Act and the application of the provision to any
			 other person or circumstances shall not be affected by the invalidity.
		17.Effective
			 dateThis Act shall take
			 effect on the date that is 6 months after the date of enactment of this Act and
			 shall not apply to conduct occurring before the effective date.


116 HRES 280 IH: Protecting the health care of all Americans, especially those with preexisting conditions.
U.S. House of Representatives
2019-04-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. RES. 280IN THE HOUSE OF REPRESENTATIVESApril 2, 2019Mr. Walden (for himself and Mr. Brady) submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedRESOLUTIONProtecting the health care of all Americans, especially those with preexisting conditions.

 That it is the sense of the House of Representatives that— (1)no American should have their health insurance taken away or lose protections for preexisting conditions due to the Democrats in Congress enacting an unconstitutional law; and
 (2)if the Supreme Court of the United States decides all or part of the Patient Protection and Affordable Care Act is unconstitutional in Texas v. United States—
 (A) Congress and the Trump Administration should immediately ask the Court for a stay in the decision; (B)Congress and the Trump Administration should act together to ensure Americans are not adversely impacted by the decision; and
 (C)Congress should enact bipartisan legislation to replace the Patient Protection and Affordable Care Act that is constitutional and that—
 (i)guarantees no American citizen can be denied health insurance coverage or charged more as the result of a previous illness or health status;
 (ii)includes commonsense consumer protections; (iii)reverses the damage of the policies that have doubled the cost of health insurance and reduced access and choice for millions of Americans;
 (iv)provides more choices and affordable coverage options than the Patient Protection and Affordable Care Act;
 (v)lowers prescription drug prices for patients; (vi)strengthens the Medicare program for current and future beneficiaries, including by protecting the coverage of more than 20 million seniors enrolled under Medicare Advantage plans; and
 (vii)protects job-based health coverage by rejecting the Democrats’ radical one-size-fits-all government run health care scheme that would outlaw the coverage more than 150 million Americans currently get through work.


114 S3227 IS: Economic Growth and Development Act
U.S. Senate
2016-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 3227
		IN THE SENATE OF THE UNITED STATES

			July 14, 2016
			Mr. Isakson (for himself and Mr. Perdue) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To direct the President to establish an interagency mechanism to coordinate United States
			 development programs and private sector investment activities, and for
			 other purposes.

		1.Short title
 This Act may be cited as the Economic Growth and Development Act.
 2.FindingsCongress makes the following findings: (1)The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, access to education, and access to clean water, as reflected in the Sustainable Development Goals adopted at the United Nations Sustainable Development Summit on September 25, 2015.
 (2)Several of the greatest development success stories of the past 50 years demonstrate that private sector investment and economic growth are fundamental to lifting populations out of poverty.
 (3)A dramatic shift in the composition of capital flows to the developing world necessitates a new approach to official development assistance; whereas 40 years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today over 80 percent of capital flowing to the developing world comes from the private sector.
 (4)In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the United States Government must seek to promote economic growth through private sector investment by consulting United States business during development planning and programming processes.
 (5)Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients.
 (6)With 12 departments, 26 agencies, and more than 60 Federal Government offices involved in the delivery of United States foreign assistance and the promotion of United States investment overseas, it is unnecessarily difficult for United States businesses to navigate this bureaucracy in search of opportunities to partner with such United States agencies.
 (7)Although many United States development agencies have taken steps to improve the private sector coordination capabilities of such agencies in recent years, these agency-specific strategies are not integrated into a coherent interagency coordination structure to effectively engage the private sector.
 (8)The United States Government has no streamlined, interagency mechanism for coordination with the private sector for the purposes of development or promotion of opportunities for investment, nor are the activities of the United States Government in this area guided by a coherent set of strategic objectives, targets, or operating principles.
 (9)Whether in the context of a country, sector, or global development strategy, decisions regarding program prioritization and resource allocation would benefit greatly from private sector perspectives and market data and coordination with the private sector from the outset.
 (10)Development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors.
 (11)The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints on growth as part of the planning processes of these organizations, but these analyses need to be included in agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the United States Agency for International Development.
 (2)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
 (B)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
 (3)Private sectorThe term private sector means for-profit United States businesses. (4)SecretaryThe term Secretary means the Secretary of State.
 (5)United states development agenciesThe term United States development agencies means— (A)the Department of State;
 (B)the United States Agency for International Development; (C)the Millennium Challenge Corporation;
 (D)the Overseas Private Investment Corporation; (E)the Trade and Development Agency;
 (F)the Inter-American Foundation; and (G)the African Development Foundation.
 4.PurposeThe purpose of this Act is to maximize the impact of United States development programs by— (1)enhancing coordination between United States development agencies and the programs of such agencies and the private sector and the investment activities of the private sector;
 (2)integrating private sector input into the planning and programming processes of United States development agencies;
 (3)institutionalizing analyses of constraints on growth and investment throughout the planning and programming processes of United States development agencies;
 (4)ensuring United States development agencies are accountable for improving coordination between United States development programs and private sector investment activities; and
 (5)promoting and facilitating private sector investment. 5.Sense of Congress on United States Development AssistanceIt is the sense of Congress that—
 (1)United States development assistance should be pursued in a way that aims— (A)to build and strengthen civic institutions;
 (B)to provide for public accountability; and (C)to serve as the basis for a democratic social contract between the people and their government, and as a basis for graduation from assistance;
 (2)United States Government policies and decisions should be guided by clear benchmarks for the evaluation of partner country commitment to funding development priorities, including the investing in people metric of the Millennium Challenge Corporation;
 (3)United States Government programs should be guided by a unified strategy, ambitious targets, and a robust monitoring, evaluation, and public accountability plan;
 (4)United States development assistance should aim to help build the capacity of partner countries to raise and commit partner country resources toward development goals, including—
 (A)the capacity to increase revenues; (B)transparent budgeting and expenditures;
 (C)policies and laws that increase domestic investment; and (D)the ability to address the illicit flows of capital from domestic and international sources;
 (5)the Addis Ababa Action Agenda, reached at the Third International Conference on Financing for Development, and the emphasis of the Addis Ababa Action Agenda on economic growth and the commitment of greater domestic resources towards development goals, serves as a basis for concrete actions by donors and partner countries to achieve greater accountability and to foster broad-based economic growth and the establishment of prosperous, middle class-based societies;
 (6)domestic resource commitments and domestic resource mobilization for development purposes provide a greater chance for sustainability and an alignment of incentives among stakeholders, including donors, partner countries, citizens, and the private sector that drives economic growth;
 (7)the domestic resource commitments described in paragraph (6) are opportunities to provide for greater accountability and the building of strong, just social contracts between people and their governments, allowing governments to raise revenue, address citizen priorities, and be held accountable for results; and
 (8)fostering domestic capacity and domestic responsibility for outcomes is the basis of true country ownership and a transition from assistance to sustainability by achieving development goals.
			6.Interagency Strategy and Mechanism to Coordinate United States Development Programs and Private
			 Sector Investment Activities
 (a)In generalThe President shall establish a primary, interagency mechanism to assist the private sector in coordinating United States development programs with private sector investment activities.
 (b)DutiesThe mechanism established under subsection (a) shall— (1)streamline and integrate the various private sector liaison, coordination, and investment promotion functions of United States development agencies;
 (2)facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities; and
 (3)establish a single point of contact for the private sector for partnership opportunities with United States development agencies.
				(c)Annual Strategy
 (1)In generalNot later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development.
 (2)Elements of the annual strategyThe annual strategy required under paragraph (1) shall include— (A)country, sectoral, and global targets for private sector investment facilitation and coordination;
 (B)a description of the specific roles and responsibilities of United States Government departments and agencies involved in meeting the targets described in subparagraph (A), including within United States missions in-country; and
 (C)a plan relating to monitoring, evaluation, and public accountability. 7.Integrating Private Sector Coordination in Country, Sector, and Global Development StrategiesThe Secretary and the Administrator shall direct their respective policy teams, including the Assistant to the Administrator for the Bureau of Policy, Planning and Learning, and country teams, to include private sector facilitation and coordination in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies.
		8.Analysis of Constraints on Growth and Investment in Foreign Countries and Sectors
 (a)In generalThe Secretary, the Administrator, and the heads of other relevant Federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all country, region, and sector economic development strategies.
 (b)Matters To be includedThe analysis required under subsection (a) shall include the identification and analysis of— (1)constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate; and
 (2)particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services.
 (c)ResultsThe results of the analyses described under subsection (a) shall— (1)be incorporated into the development strategies of United States development agencies;
 (2)be used to inform and guide resource allocations; and (3)be made available to the public, and for comment by all stakeholders, prior to finalization of development strategies.
 9.ReportNot later than 1 year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce.


117 HR 1353 IH: Coronavirus Medicaid Response Act
U.S. House of Representatives
2021-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1353IN THE HOUSE OF REPRESENTATIVESFebruary 25, 2021Mrs. Lee of Nevada (for herself, Mr. Horsford, Mr. Vargas, Mr. Grijalva, Ms. Titus, Ms. Moore of Wisconsin, Ms. Barragán, Ms. Wasserman Schultz, Ms. Underwood, Mr. Carson, Mr. San Nicolas, Ms. Norton, Mr. Cohen, Ms. Tlaib, Mrs. Hayes, Mr. Thompson of Mississippi, Mr. Evans, Mr. Hastings, Ms. Dean, Mr. Jones, Mr. Larson of Connecticut, Mr. García of Illinois, Ms. Craig, Ms. Schakowsky, Mr. Smith of Washington, Ms. Chu, Ms. McCollum, Mr. Peters, Mr. Danny K. Davis of Illinois, Mrs. Watson Coleman, Ms. Sherrill, Ms. DelBene, Ms. Sewell, Ms. Wild, Mr. Schiff, Ms. Kuster, Ms. Lois Frankel of Florida, Mr. Ryan, Mr. Meeks, Ms. Porter, Mrs. Beatty, Mrs. Dingell, Ms. Schrier, Mr. Bera, Ms. DeLauro, Mr. Kilmer, Mr. Suozzi, Mr. Neguse, and Mr. Ruiz) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to increase Federal support to State Medicaid programs during economic downturns, and for other purposes.1.Short titleThis Act may be cited as the Coronavirus Medicaid Response Act.2.Increasing Federal support to State Medicaid programs during economic downturns(a)In generalSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—(1)in subsection (b), by striking and (ff) and inserting (ff), and (hh); and(2)by adding at the end the following new subsection:(hh)Increased FMAP during economic downturns(1)In generalIf a fiscal quarter that begins on or after January 1, 2020, is an economic downturn quarter (as defined in paragraph (2)) with respect to a State, then the Federal medical assistance percentage determined for the State and quarter under subsection (b) shall be equal to the percentage determined for the State and quarter under paragraph (3).(2)Economic downturn quarter(A)In general(i)In generalIn this subsection, the term economic downturn quarter means, with respect to a State, a fiscal quarter during which the State’s unemployment rate for the quarter exceeds the percentage determined for the State and quarter under clause (ii).(ii)Threshold percentageThe percentage determined under this clause for a State and fiscal quarter is the percentage equal to the lower of—(I)the State unemployment rate at the 20th percentile of the distribution of the State’s quarterly unemployment rates for the 60-quarter period preceding the quarter involved, increased by 1 percentage point; and(II)the State’s average quarterly unemployment rate for the 12-quarter period preceding the quarter involved, increased by 1 percentage point.(B)Unemployment data(i)In generalExcept as provided in clause (ii), for purposes of determining unemployment rates for a State and a quarter under this paragraph, the Secretary shall use data from the Local Area Unemployment Statistics from the Bureau of Labor Statistics. (ii)Application to certain territoriesIn the case of the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, or any other jurisdiction for which suitable data from the Local Area Unemployment Statistics from the Bureau of Labor Statistics are unavailable, the Secretary shall use data from the U–3 unemployment measure of the Bureau of Labor Statistics to make any necessary determinations under subparagraph (A).(3)Increased FMAP during economic downturn quarter(A)In generalDuring a fiscal quarter that is an economic downturn quarter with respect to a State, the Federal medical assistance percentage for the State and quarter determined under subsection (b) shall be equal to—(i)the Federal medical assistance percentage determined for the State and quarter under subsection (b) without regard to this subsection (but including any increase to such percentage for such quarter made pursuant to section 6008(a) of the Families First Coronavirus Response Act); increased by(ii)the number of percentage points (rounded to the nearest tenth of a percentage point) equal to the product of—(I)the number of percentage points (rounded to the nearest tenth of a percentage point) by which the unemployment rate for the State and quarter exceeds the percentage determined for the State and quarter under paragraph (2)(A)(ii); and(II)4.8. (B)Rules of applicationThe following rules shall apply with respect to the Federal medical assistance percentage determined for a State and an economic downturn quarter under this subsection:(i)Scope of applicationSuch Federal medical assistance percentage shall not apply for purposes of—(I)disproportionate share hospital payments described in section 1923; (II)payments under part D of title IV; or(III)any payments under this title that are based on a Federal medical assistance percentage determined for a State under subsection (aa) (but only to the extent that such Federal medical assistance percentage is higher than the economic recovery FMAP).(ii)LimitationIn no case shall— (I)the Federal medical assistance percentage determined for a State and quarter pursuant to this subsection exceed 95 percent; or(II)any increase to the Federal medical assistance percentage determined for a State and quarter pursuant to this subsection result in the application of a Federal medical assistance percentage that exceeds 95 percent.(iii)Application to CHIPNotwithstanding the first sentence of section 2105(b), the application of this subsection may result in the enhanced FMAP of a State for a fiscal year under such section exceeding 85 percent, but in no case may the application of this subsection before application of the second sentence of such section result in the enhanced FMAP of the State exceeding 95 percent. (4)Advance payment; retrospective adjustment(A)In generalPrior to the beginning of each fiscal quarter that begins on or after July 1, 2020, the Secretary shall, with respect to each State— (i)make an initial determination, based on the projections made for the State and quarter under subparagraph (B), as to— (I)whether the application of this subsection is expected to result in the application of a higher Federal medical assistance percentage for the State and quarter than the percentage that would otherwise apply without regard to this subsection; and— (II)if the application of this subsection is expected to result in such a higher Federal medical assistance percentage for the State and quarter, what such higher percentage is expected to be; and (ii)if the Secretary determines under clause (i) that the application of this subsection is expected to result in the application of a higher Federal medical assistance percentage for the State and quarter than the percentage that would otherwise apply without regard to this subsection—(I)apply such higher Federal medical assistance percentage of the State for purposes of making payments to the State for amounts expended during such quarter as medical assistance under the State plan; and(II)take into account such higher Federal medical assistance percentage of the State for purposes of calculating the enhanced FMAP for the State and quarter under section 2105(b).(B)Projection of State unemployment ratesPrior to the beginning of each fiscal quarter that begins on or after July 1, 2020, the Secretary, acting through the Chief Actuary of the Centers for Medicare & Medicaid Services, shall, using the most recently available data described in paragraph (2)(B), make projections with respect to—(i)the unemployment rates for each State for such quarter;(ii)the threshold percentages described in paragraph (2)(A)(ii) for each State for such quarter; and(iii)the national unemployment rate for such quarter.(C)Retrospective adjustmentAs soon as practicable after final unemployment data becomes available for a fiscal quarter that begins on or after July 1, 2020, the Secretary shall, with respect to each State— (i)make a final determination with respect to the application of this subsection for purposes of determining the Federal medical assistance percentage and enhanced FMAP of the State for the quarter; and(ii)in accordance with section 1903(d)(2) and section 2105(e), reduce or increase the amount payable to the State under section 1903(a) or section 2105 for a subsequent fiscal quarter to the extent of any overpayment or underpayment under either such section which the Secretary determines was made as a result of an incorrect initial determination under subparagraph (A)(i) with respect to the application of this subsection for purposes of determining the Federal medical assistance percentage and enhanced FMAP of the State for such prior fiscal quarter. (5)Retrospective application of over-the-limit FMAP increases(A)In generalIf a State has excess percentage points with respect to an economic downturn quarter and an applicable FMAP (as determined under subparagraph (B)), the State may elect to apply such excess percentage points to increase such applicable FMAP for one or more quarters during the look-back period for the State and economic downturn quarter in accordance with this paragraph.(B)Excess percentage pointsFor purposes of this paragraph, the number of excess percentage points for a State, economic downturn quarter, and an applicable FMAP shall be equal to the number of percentage points by which— (i)the applicable FMAP for the State and quarter (after application of paragraph (3) but without regard to subparagraph (B)(ii) of such paragraph); exceeds(ii)95 percent.(C)Effect of application of excess percentage pointsIf a State elects to apply excess percentage points to an applicable FMAP to a quarter during a look-back period under this paragraph, the Secretary shall determine the additional amount of payment under section 1903(a) to which the State would have been entitled for such quarter if the applicable FMAP (as so increased) had been in effect for such quarter, and shall treat such additional amount as an underpayment for such quarter.(D)Distribution of excess percentage pointsA State that has excess percentage points with respect to an economic downturn quarter and applicable FMAP may elect to divide such points among more than 1 quarter during the look-back period for such State and quarter provided that no excess percentage point (or fraction of an excess percentage point) is applied to the applicable FMAP of more than 1 quarter.(E)Limitations(i)No increases over 100 percentA State may not increase an applicable FMAP for any quarter during a look-back period under this paragraph if such increase would result in the applicable FMAP for such quarter exceeding 100 percent.(ii)Scope of applicationAny increase to an applicable FMAP of a State for a fiscal quarter under this paragraph— (I)shall only apply with respect to payments for amounts expended by the State for medical assistance for services furnished during such quarter to which such applicable FMAP is applicable; and (II)shall not apply with respect to payments described in paragraph (3)(B)(i).(F)DefinitionsIn this paragraph: (i)Applicable FMAPThe term applicable FMAP means, with respect to a State and fiscal quarter—(I)the Federal medical assistance percentage determined for the State and quarter under subsection (b); (II)the Federal medical assistance percentage applicable under subsection (y); (III)the Federal medical assistance percentage applicable under subsection (z)(2); (IV)the Federal medical assistance percentage determined for the State and quarter under subsection (ff); or(V)the enhanced FMAP determined for the State and quarter under section 2105(b).(ii)Look-back periodThe term look-back period means, with respect to a State and a fiscal quarter that is an economic downturn quarter for the State, the period of 4 fiscal quarters that ends with the fourth quarter which precedes the most recent fiscal quarters that was not an economic downturn quarter for the State.(6)Requirement for all StatesThis subsection shall not apply to a State with respect to a fiscal quarter, if—(A)eligibility standards, methodologies, or procedures under the State plan or a waiver of such plan are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on the last day of the most recent fiscal quarter that was not an economic downturn quarter for the State;(B)the amount of any premium imposed by the State pursuant to section 1916 or 1916A during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of the date described in subparagraph (A); or(C)the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of the date described in subparagraph (A) or enrolls for benefits under such plan (or waiver) during the period beginning with such date and ending with the day before the first day of the next quarter that is not an economic downturn quarter for the State shall be treated as eligible for such benefits for not less than 12 months after such date or (if later) the date that such individual so enrolls unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State..(b)Exclusion of economic downturn FMAP increases from territorial caps; special rule for CHIP allotments(1)Exclusion from territorial capsSection 1108 of the Social Security Act (42 U.S.C. 1308) is amended—(A)in subsection (f), in the matter preceding paragraph (1), by striking subsection (g) and section 1935(e)(1)(B) and inserting subsections (g) and (h) and section 1935(e)(1)(B); and(B)by adding at the end the following:(h)Exclusion from caps of amounts attributable to economic downturn FMAPAny payment made to a territory for a fiscal year in which the Federal medical assistance percentage for the territory is determined under section 1905(hh) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) to the extent that such payment exceeds the amount of the payment that would have been made to the territory for the year if the Federal medical assistance percentage for the territory had been determined without regard to such section..(2)CHIP allotmentsSection 2104(m) of the Social Security Act (42 U.S.C. 1397dd(m)) is amended— (A)in paragraph (2)(B), in the matter preceding clause (i), by striking paragraphs (5) and (7) and inserting paragraphs (5), (7), and (12); and (B)by adding at the end the following new paragraph: (12)Special rule for adjusting allotments during fiscal years with economic downturn quarters(A)In generalIf a fiscal quarter occurring during fiscal year 2020 or any succeeding fiscal year is determined to be an economic downturn quarter with respect to a State (as determined under section 1905(hh)) then, as soon as practicable after such determination, the Secretary shall increase the allotment for the State and fiscal year in accordance with subparagraph (B).(B)Amount of increase(i)In generalThe amount of an increase to the allotment of a State described in subparagraph (A) for a fiscal year shall be equal to the amount by which Federal payments made to the State for the preceding fiscal year under this title would have been increased (without regard to whether such payments would exceed the amount of the State’s allotment for such preceding fiscal year) if the enhanced FMAP determined for the State for such preceding fiscal year had been increased to the same extent that the State's enhanced FMAP for the fiscal year involved is expected to be increased as a result of the application of section 1905(hh) relative to the enhanced FMAP that would apply to the State for the fiscal year involved without the application of such section.(ii)Inclusion of projected increasesIn increasing the allotment of a State for a fiscal year under this paragraph, the Secretary may base the calculation of such increase on projections made by the Secretary with respect to—(I)the number of fiscal quarters during such fiscal year that will be economic downturn quarters; and(II)the effect that the application of section 1905(hh) is expected to have on the enhanced FMAP of the State for such fiscal year.(C)Disregard of increased payments for purposes of future allotmentsAny Federal payment made to a State under this title for a fiscal year in which the Federal medical assistance percentage for the State is determined under section 1905(hh) shall be disregarded when determining the allotment of the State for any subsequent year, including for purposes of applying this paragraph, to the extent that such payment exceeds the amount of the payment that would have been made to the State for the year if the Federal medical assistance percentage for the State and year had been determined without regard to such section..(c)Conforming amendmentsSection 1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) is amended—(1)by striking and section 6008 of the Families First Coronavirus Response Act and inserting , section 6008 of the Families First Coronavirus Response Act, and subsection (hh) of this section; and(2)by inserting , and, in applying such treatments to an increase in the Federal medical assistance percentage of a State under subsection (hh) with respect to a fiscal quarter that is an economic downturn quarter for the State, the reference to December 31, 2009 shall be deemed to be a reference to March 11, 2020, or, if later, the last day of the most recent fiscal quarter that was not an economic downturn quarter for the State before the period.


117 HR 3848 IH: Critical Supply Chains Commission Act
U.S. House of Representatives
2021-06-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 3848
IN THE HOUSE OF REPRESENTATIVES

June 11, 2021
Mr. Ryan (for himself and Mr. Posey) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To establish the National Commission on Critical Supply Chains, and for other purposes.

1.Short titleThis Act may be cited as the Critical Supply Chains Commission Act.  2.Findings; Sense of Congress (a)FindingsCongress finds the following:
(1)Many Americans were shocked to find that the United States was unable to find or produce enough face masks, ventilators, hand sanitizer, testing kits, hospital beds, sedatives, and other medical necessities in response to the COVID–19 crisis due to limitations in the manufacturing supply chain and our dependence on foreign suppliers. (2)Shortages of medical supplies and equipment are just one example of the risks we face due to the United States’ reliance on other countries for making many of our critical products. The United States also relies on other countries for—
(A)technologies involved with renewable energies and car battery manufacturing; (B)rare earth materials that are essential to many high-technology products, including cell phones, satellites, and computers;
(C)fabricating the most precise integrated circuits and microchips that are needed for complex electronics used in weapon systems, space systems, automobiles, and a variety of consumer products; (D)production of advanced machine tools and production equipment that U.S. factories need to manufacture their products;
(E)delivery of precision scientific equipment needed to produce breakthroughs in nanotechnology, medicine, and future batteries for electric vehicles; (F)manufacturing of clothing and other textiles;
(G)production and distribution of food and agricultural goods; and (H)other critical products where substantial harm would come to U.S. economic security, national defense, or way of life if the supply chains were compromised or no longer available.
(3)The American supply chain is the foundation of our Nation’s economic competitiveness and is the delivery system that moves products to consumers in every State across the Nation. (4)While U.S. manufacturers and domestic suppliers have substantial resources, some domestic capabilities and expertise have eroded due to reliance on the global supply chain.
(5)Dependable and high-quality suppliers are crucial assets to any manufacturing company since manufacturers must get the right products to the right place at the right time to be most successful. (6)A secure and stable American supply chain is a necessary component of a prosperous manufacturing sector that contributes two trillion dollars annually to the U.S. economy.
(7)United States manufacturers are a major source of high quality employment in the U.S. at roughly 9 percent of the workforce. (8)United States manufacturers are a major driver of innovation, responsible for more than two-thirds of private sector research and development, receiving more than 90 percent of new patents.
(9)United States manufacturers are essential to ensuring our national defense and homeland security, as they provide the tools, equipment, systems, and protective gear for our military and first responders. (10)Manufacturers must consider supply chain risks and potential disruptions in their business decisions, though many times supplier selection is driven by fixed production costs and other primary factors.
(11)A more robust and resilient American supply chain is integral to the health and well-being of our economy and of businesses across every State, and improvements in the supply chain will drive affordability, sustainability, and availability of products for our Nation. (b)Sense of CongressIt is the sense of Congress that—
(1)a national commission on critical supply chains will benefit the United States in several important ways; (2)such a commission will provide expert knowledge, guidance, and recommendations to Congress on the complex and strategically important issues related to bolstering American supply chains, which will help Congress find common ground to advance supply chain policies and approaches that benefit our Nation both today and far into the future;
(3)such a commission will provide recommendations to fix the shortcomings exposed in our existing national manufacturing strategy, so that we are prepared for the next crisis—whether it is due to a pandemic, a war, natural disaster, or something else—and that these strategic directions will catalyze a much-needed update to our national manufacturing strategy for revitalizing the U.S. manufacturing sector and increasing our economic growth; (4)such a commission will establish the basis for strengthening the security of, and adding resiliency to, an eroded American supply chain system, so that U.S. economic security, national defense, and way of life are not harmed when natural disasters or other events disrupt the supply of critical ingredients, components, or products from a specific source or region;
(5)such a commission will trigger new domestic manufacturing jobs as a result of the growth and increased robustness in the domestic supply chain and the manufacturing sector, and such domestic sourcing will also improve the security of intellectual property, reduce environmental impact and transportation costs due to fewer parts traveling overseas, and encourage economic clusters for supporting operations to be located near manufacturing facilities; and (6)such a commission will improve the Nation’s national defense and homeland security by reducing vulnerabilities and risks due to excessive reliance on foreign sources of critical materials or components.
3.National Commission on Critical Supply Chains
(a)EstablishmentCongress shall establish a National Commission on Critical Supply Chains (referred to in this section as the Commission). (b)PurposesThe purposes of the Commission shall be to—
(1)convene an independent entity that brings together national experts in a highly visible forum to conduct a systematic study and give guidance to Congress on the complex and strategically important issues related to rebuilding critical American supply chains; (2)identify the critical supply chains in which the United States is dependent on materials, products, equipment, or services from foreign countries and in which substantial harm would come to U.S. economic security, national defense, or way of life if those supply chains were compromised or no longer available;
(3)investigate in depth and report on existing dependencies, limitations, and risks to the United States for each of these critical supply chains, including considerations for medical supplies, equipment, and medications; rare earth materials; precision-integrated circuits and microchips; machine tools and production equipment; defense components and homeland security capabilities; scientific equipment needed for advanced technology research and development; clothing and textiles; and food and agricultural products; (4)assess and provide guidance on key questions, including—
(A)which driving forces are pushing U.S. companies to offshore their procurement or their manufacturing operations; (B)how the United States can predict and prevent future supply chain disruptions;
(C)what the United States can do to reduce future vulnerabilities and risks; (D)whether the United States can make the American supply chain resilient enough to protect necessary capabilities and resources;
(E)which manufacturing activities should be performed strictly within the United States to ensure economic and national security; (F)what actions should be taken by the United States to increase domestic manufacturing to meet critical supply chain needs and improve its terms of trade; and
(G)what would be the effects of a new national manufacturing strategy on employment, growth, innovation, and national security; and (5)develop and propose specific recommendations, submit a biannual comprehensive report (and intermediate updates as necessary to maintain timely and relevant information), and provide Congressional oversight to Congress to be used as a resource for legislative actions to mitigate the risks of future American supply chain disruptions.
(c)Membership
(1)MembersThe Commission shall be composed of 12 members, of whom— (A)three members shall be appointed by the Speaker of the House of Representatives, in consultation with the chairpersons of relevant committees, including the Committee on Ways and Means, Committee on Energy and Commerce, Committee on Science, Space, and Technology, Committee on Transportation and Infrastructure, Committee on Armed Services, Committee on Natural Resources, Committee on Small Business, Committee on Homeland Security, and Committee on Agriculture of the House of Representatives;
(B)three members shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking minority Members of relevant committees, including the Committees described in subparagraph (A); (C)three members shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate, in consultation with the chairpersons of relevant committees, including the Committee on Finance, Committee on Commerce, Science, and Technology, Committee on Armed Services, Committee on Energy and Natural Resources, Committee on Small Business and Entrepreneurship, Committee on Homeland Security and Governmental Affairs, Committee on Environment and Public Works, and Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(D)three members shall be appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate, in consultation with the ranking minority Members of relevant committees, including the Committees described in subparagraph (C). (2)Chair; Vice chair (A)AppointmentNot later than 30 days after the initial meeting of the Commission, the Commission shall elect a Chair and Vice Chair from among the Commission’s members by a simple majority vote, and such Chair and Vice Chair shall be members of the Commission who were appointed by appointing authorities from different political parties under paragraph (1).
(B)PresenceFor purposes of appointing the Chair, all 12 members must be present. If all 12 members are not present, appointment of the chair shall be delayed until the next meeting of the Commission at which all 12 members are present.  (C)TimingIf a quorum is not present at that initial meeting, the Chair shall be appointed at the first meeting after that at which a quorum is present. If a Vice Chair is elected before the Chair and no Chair is elected, the Vice Chair shall serve as acting Chair until the Chair is elected.
(D)New Chair and Vice Chair each CongressA new Chair and Vice Chair shall be elected with respect to each Congress. Any member that was a Chair or Vice Chair in a Congress may not be elected to be a Chair or Vice Chair in a subsequent Congress. (3)Qualifications (A)Areas of expertise (i)In generalEach individual appointed to the Commission shall have substantial expertise in one or more of the following areas:
(I)Supply chain expertise, including the following: (aa)Advanced manufacturing, with a focus on distributed operations and supply chain management.
(bb)Economics of U.S. manufacturing. (cc)Supply chain logistics.
(dd)Supplier certification and quality assurance processes. (ee)Raw materials sourcing and distribution.
(ff)Metrics used by Original Equipment Manufacturer purchasing managers and chief financial officers to make purchasing decisions. (II)Critical domain expertise, including the following:
(aa)Health care, medical device, and pharmaceutical manufacturing. (bb)Mining, supply, and usage of rare earth materials.
(cc)Precision-integrated circuits, microchips, and semiconductor manufacturing. (dd)Defense component manufacturing and homeland security products.
(ee)Advanced machine tools and production equipment. (ff)Scientific equipment for high-precision research and development.
(gg)Clothing and textiles manufacturing. (hh)Food production and agricultural products manufacturing.
(III)Industrial policy expertise, including knowledge of industrial organization, development economics, and policy tools that have been used by the United States and other developing or industrial economies in the world. (ii)CompositionThe composition of the members of the Commission shall ensure the Commission has substantial expertise in all areas described in clause (i).
(B)Nongovernment appointeesAn individual appointed to the Commission may not be an officer or employee of the Federal Government. (4)Appointment requirements (A)Initial appointmentsMembers of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act.
(B)Term of appointmentsThe term of each member of the Commission shall expire on December 31 of the second session of the Congress in which the member is appointed to the Commission. (C)Appointments with each CongressAppointments to the Commission made after the initial appointments to the Commission under subparagraph (A) shall be made not later than 30 days after the date on which each Congress convenes.
(D)Renewal of appointmentsA member of the Commission may be reappointed for additional terms of service upon mutual agreement between such member and the appointing authority that appointed such member to the Commission. (E)VacanciesA vacancy in the Commission shall not affect the powers of the Commission and shall be filled by the same appointing authority that made the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made by not later than 30 days after the date such vacancy occurs.
(F)RemovalA member of the Commission may be removed from the Commission at any time by the appointing authority that appointed such member to the Commission should the member fail to meet Commission responsibilities. (5)Compensation; Travel expensesEach member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Commission. Travel expenses of members of the Commission shall be allowed at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, except that foreign travel for official purposes by members of the Commission is not authorized.
(d)Meeting requirements
(1)Initial meetingThe Commission shall convene for an initial meeting not later than 45 days after the initial members of the Commission are all appointed. An initial meeting may be convened so long as at least 10 members are present. (2)Subsequent meetingsAfter the initial meeting under paragraph (1), the Commission shall meet upon the call of the Chair or as determined by a majority of Commission members.
(3)Expectations for attendance by membersMembers are expected to attend all Commission meetings. In the case of an absence, members are expected to report to the Chair prior to the meeting and allowance may be made for an absent member to participate remotely. Members will still be responsible for fulfilling prior commitments, regardless of attendance status. If a member is absent from multiple meetings, the member may be reviewed by the Chair and appointing authority that appointed such member to the Commission and further action will be considered, including removal and replacement on the Commission. (4)QuorumA majority of the members of the Commission shall constitute a quorum.
(5)VotingEach member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. (6)Meeting notesMeetings notes shall be made available to the Chairman and Ranking Member of the relevant committees of jurisdiction.
(e)Subcommittees and working groupsThe Commission may choose, at the discretion of the Chair and Vice Chair, to establish subcommittees and working groups for any purpose consistent with the duties of the Commission. Any findings, conclusions, or recommendations made by a subcommittee or working group shall be considered by the full Commission, which shall be responsible for determining any final findings, conclusions, and recommendations. Each such subcommittee or working group shall operate only for the Congressional Session with respect to which such subcommittee or group was established. (f)Administration and powers of Commission (1)HearingsThe Commission may, for the purpose of carrying out this Act—
(A)hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers appropriate; and (B)subject to paragraph (2), require the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents.
(2)Obtaining official data
(A)In generalThe Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or other instrumentality of the Federal Government or a State, local, Tribal, or territorial government any information, suggestions, estimates, and statistics to enable the Commission to carry out this Act. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the Chair of the Commission and the Vice Chair of the Commission or any member designated by a majority of the Commission. (B)Receipt, handling, storage, and disseminationAny information, suggestions, estimates, and statistics submitted under subparagraph (A) shall only be received, handled, stored, and disseminated by members of the Commission and its staff, consistent with applicable Federal law.
(3)Public hearings and meetings
(A)In generalThe Commission shall hold public hearings and meetings as determined appropriate by the Commission. (B)Protection of certain informationAny public hearings and meetings of the Commission shall be conducted in a manner consistent with applicable Federal law regarding the protection of data submitted to the Commission under paragraph (3).
(4)Personnel
(A)Staff
(i)Appointment; Compensation; Travel expensesThe Chair of the Commission, in consultation with Vice Chair of the Commission, and in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of an executive director and other additional technical and administrative personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this clause may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Travel expenses of the executive director and other additional technical and administrative personnel of the Commission shall be allowed at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, except that foreign travel for official purposes by such director and personnel of the Commission is not authorized. (ii)Technical staff expertise requirementTechnical staff of the Commission shall be individuals with substantial expertise in one or more of the areas described in subsection (c)(2). The expertise of such technical staff shall augment the ability of the Commission to have substantial expertise in all areas so described.
(iii)Personnel as Federal employees
(I)In generalThe executive director and any other personnel of the Commission shall be treated as employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (II)Members of commissionSubclause (I) shall not be construed to apply to members of the Commission.
(iv)DetaileesAny Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (v)Experts and consultantsThe Commission may procure temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(B)Assistance from Federal agencies
(i)General Services AdministrationThe Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other services necessary to carry out the duties of the Commission. (ii)Other departments and agenciesIn addition to the assistance described in subparagraph (A), departments and agencies of the Federal Government may provide to the Commission such services, funds, facilities, and staff as such departments and agencies determine appropriate and as authorized by Federal law.
(g)Security clearances
(1)In generalThe members and staff of the Commission shall obtain, if necessary to carry out the functions of the Commission, appropriate security clearances for access to any classified briefing, records, and materials to be reviewed by such members or staff. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the members and staff of the Commission security clearances pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearance. (2)Office of House SecurityThe Office of House Security of the House of Representatives shall—
(A)provide classified storage and meeting and hearing spaces for the Commission as determined necessary; and (B)assist members and staff of the Commission in obtaining security clearances.
(h)Reports
(1)ReportsNot later than December 1 of each year that the Commission remains active and in operation, the Commission shall submit to the majority and minority leaders of the House of Representatives and Senate a comprehensive report on the findings, conclusions, and recommendations of the Commission with respect to such year and including an executive summary of the Commission’s purposes and activities and any relevant references and materials with respect to such year. Notwithstanding the previous sentence, the Commission shall not be required to submit a report under this paragraph with respect to the first year in which such Commission is active and in operation if the Commission is so active and in operation for fewer than six months of such first year. (2)Classified informationIn the case that a report submitted under this subsection includes classified information, the Commission shall also submit to the majority and minority leaders of the House of Representatives and Senate a redacted version of such report with such classified information included as a classified annex to such report.
(3)Public availabilityReports submitted under this subsection, or the redacted versions of such reports (if applicable), shall be made publicly available on a centralized Federal internet website. (i)Applicability of FACAExcept as provided in subsection (j), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission.
(j)Termination
(1)In generalThe Commission, and all the authorities of the Commission under this Act, shall remain active and in operation until the last day of the 10-year period beginning on the date of the enactment of this Act. (2)Administrative activitiesThe Commission may use the 60-day period following the date of termination of the Commission for the purpose of concluding its activities, including providing testimony to Congress concerning its results and disseminating the final report of the Commission.
(k)Authorization of appropriationsFor purposes of carrying out this section, there is authorized to be appropriated to the Commission $6,000,000 for fiscal year 2021 and such sums as may be necessary for each fiscal year thereafter through fiscal year 2031, to be available until expended.