113 HR 3306 IH: Telehealth Enhancement Act of 2013
U.S. House of Representatives
2013-10-22
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.

I113th CONGRESS1st SessionH. R. 3306IN THE HOUSE OF REPRESENTATIVESOctober 22, 2013Mr. Harper (for himself, Mr. Thompson of California, Mr. Nunes, and Mr. Welch) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 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 concernedA BILLTo promote and expand the application of telehealth under Medicare and other Federal health care programs, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Telehealth Enhancement Act of 2013.(b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.Title I—Strengthening Medicare through telehealthSec. 101. Positive incentive for Medicare’s hospital readmissions reduction program.Sec. 102. Health homes and medical homes.Sec. 103. Flexibility in accountable care organizations coverage of telehealth.Sec. 104. Recognizing telehealth services and remote patient monitoring in national pilot program on payment bundling.Sec. 105. Additional sites to be considered originating sites for purposes of payments for telehealth services under Medicare.Title II—Enhancing Medicaid through telehealthSec. 201. Medicaid option for high-risk pregnancies and births.Title III—Improving telecommunications for medical deliverySec. 301. Additional providers considered health care providers for purposes of universal service support.Sec. 302. No consideration of provider location in rules enhancing health care provider access to advanced telecommunications and information services.IStrengthening Medicare through telehealth101.Positive incentive for Medicare’s hospital readmissions reduction programSection 1886(q) of the Social Security Act (42 U.S.C. 1395ww(q)) is amended by adding at the end the following new paragraph:(9)Positive incentive for reduced readmissions(A)In generalWith respect to payment for discharges occurring during a fiscal year beginning on or after October 1, 2014, in order to provide a positive incentive for hospitals described in subparagraph (B) to lower their excess readmission ratios, the Secretary shall make an additional payment to a hospital in such proportion as provides for a sharing of the savings from such better-than-expected performance between the hospital and the program under this title.(B)Hospital describedA hospital described in this subparagraph is an applicable hospital (as defined in paragraph (5)(C)) not subject to a payment change under paragraph (1) and for which the positive readmission ratio (described in subparagraph (C)) is greater than 1.(C)Positive readmission ratioThe positive readmission ratio described in this subparagraph for a hospital is the ratio of—(i)the risk adjusted expected readmissions (described in subclause (II) of paragraph (4)(C)(i)); to(ii)the risk adjusted readmissions based on actual readmissions (described in subclause (I) of such paragraph)..102.Health homes and medical homes(a)Medicare chronic care counterpart to Medicaid health home(1)In generalTitle XVIII of the Social Security Act is amended by adding at the end the following new section:1899B.Medicare health home for individuals with chronic conditions(a)In generalIn the case of a State that has amended its State plan under title XIX in accordance with the option described in section 1945, the Secretary may contract with the State medical assistance agency with a program under such section to serve eligible individuals with chronic conditions who select a designated provider, a team of health care professionals operating with such a provider, or a health team as the individual’s health home for purposes of providing the individual with health home services in the same manner as provided under its State plan amendment.(b)Health home qualification standardsThe standards established by the Secretary under section 1945(b) for qualification as a designated provider shall apply under this section for the purpose of being eligible to be a health home for purposes of section 1945.(c)PaymentsPayments shall be made under this section in the same manner to a provider or team as payments are made under subsection (c) of section 1945, including the use of the payment methodology described in paragraph (2) of such subsection.(d)Hospital referralsHospitals that are participating providers under this section shall establish procedures for referring any eligible individuals with chronic conditions who seek or need treatment in a hospital emergency department to designated providers in the same manner as required under section 1945(d).(e)Monitoring and report on qualityThe methodology and proposal required under subsection (f) of section 1945 and the report on quality measures under subsection (f) of such section shall also apply under this section.(f)Report on quality measuresAs a condition for receiving payment for health home services provided to an eligible individual with chronic conditions, a designated provider shall report, in accordance with such requirements as the Secretary shall specify, including a plan for the use of remote patient monitoring, on all applicable measures for determining the quality of such services. When appropriate and feasible, a designated provider shall use health information technology in providing the Secretary with such information.(g)DefinitionsIn this section, the provisions and definitions contained in subsection (h) of section 1945 shall also apply for purposes of this section except that, instead of the requirement specified in clause (i) of subsection (h)(1)(A) of such section, an individual must be eligible for services under parts A and B and covered for medical assistance for health home services under section 1945 in order to be an eligible individual with chronic conditions.(h)Evidence-Based and reportingIn contracting with a State under this section, the State—(1)shall follow evidence-based guidelines for chronic care; and(2)shall report at least by the end of every month data specified by the Secretary, including an assessment of the use of remote patient monitoring and quality measures of process, outcome, and structure.(i)Waiver authority(1)In generalThe limitations on telehealth under section 1834(m) shall not apply for purposes of this section.(2)Secretary authorityThe Secretary may waive such other requirements of this title and title XIX as may be necessary to carry out the provisions of this section..(2)Reporting(A)In generalNot later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall survey States contracting under section 1899B of the Social Security Act, as added by paragraph (1), on the nature, extent, and use of the option under such section particularly as it pertains to—(i)hospital admission rates;(ii)chronic disease management;(iii)coordination of care for individuals with chronic conditions;(iv)assessment of program implementation;(v)processes and lessons learned (as described in subparagraph (B));(vi)assessment of quality improvements and clinical outcomes under such option; and(vii)estimates of cost savings.(B)Implementation reportingSuch a State shall report to the Secretary, as necessary, on processes that have been developed and lessons learned regarding provision of coordinated care through a health home for beneficiaries with chronic conditions under such option.(b)Specialty medical homesTitle XVIII of the Social Security Act, as amended by subsection (a), is further amended by adding at the end the following new section:1899C.Specialty medical homes(a)In generalBeginning not later than 30 days after the date of the enactment of this section, the Secretary may contract with a national or multi-state regional center of excellence with a network of affiliated local providers to provide through one or more medical homes for targeted, accessible, continuous, and coordinated care to individuals under this title and title XIX with a long-term illness or medical condition that requires regular medical treatment, advising, and monitoring.(b)Medical home definedIn this section, the term medical home means a medical entity that—(1)specializes in the care for a specific long-term illness or medical condition, including related comorbidities;(2)leads the development of related evidence-based clinical standards and research;(3)has a network of affiliated personal physicians and patient treatment facilities;(4)maintains an online Web site for patient and provider communication and collaboration and patient access to the patient’s health information;(5)has a plan for use of health information technology in providing services under this section and improving service delivery and coordination across the care continuum (including the use of wireless patient technology to improve coordination and remote patient monitoring management of care and patient adherence to recommendations made by their provider);(6)provides deidentified demographic data sets for clinical, statistical, and social science research to develop culturally competent best practices and clinical decision support mechanisms for the long-term illness or medical condition;(7)uses a health assessment tool for the individuals targeted, including a means for identifying those most likely to benefit from remote patient monitoring; and(8)provides training programs for personnel involved in the coordination of care.(c)Personal physician defined(1)In generalIn this section, the term personal physician means a physician (as defined in section 1861(r)(1)) who meets the requirements described in paragraphs (2) and (3). Nothing in this paragraph shall be construed as preventing a personal physician from being a specialist or subspecialist for an individual requiring ongoing care for a specific chronic condition or multiple chronic conditions or for an individual with a long-term illness or medical condition.(2)General requirementsThe requirements described in this paragraph for a personal physician for care of an individual are as follows:(A)The physician is board certified for care of the specific illness or condition of the individual and manages continuous care for the individual.(B)The physician has the staff and resources to manage the comprehensive and coordinated health care of such individual.(3)Service-related requirementsThe requirements described in this paragraph for a personal physician are as follows:(A)The personal physician advocates for and provides ongoing support, oversight, and guidance to implement a plan of care that provides an integrated, coherent, cross-discipline plan for ongoing medical care developed in partnership with patients and including all other physicians furnishing care to the patient involved and other appropriate medical personnel or agencies (such as home health agencies).(B)The personal physician uses evidence-based medicine and clinical decision support tools to guide decisionmaking at the point-of-care based on patient-specific factors.(C)The personal physician is in compliance with the standards for meaningful use of electronic health records under this title.(D)The personal physician participates with the State’s health information exchange, as available, or the federally sponsored Direct Project.(E)The personal physician uses health information technology, including appropriate remote monitoring, to monitor and track the health status of patients and to provide patients with enhanced and convenient access to health care services.(F)The personal physician uses electronic prescribing and provides medication management.(G)The personal physician encourages patients to engage in the management of their own health through education and support systems.(H)The personal physician utilizes the services of related health professionals, including nurse practitioners and physician assistants.(d)Long-Term illness or medical condition definedIn this section, the term long-term illness or medical condition—(1)includes a chronic condition which meets criteria specified by the Secretary for a specialized MA plan for special needs individuals; and(2)also includes another condition that the Secretary determines would provide a beneficial focus for an effective and efficient medical home.(e)Payment mechanisms(1)Medical home care management fee and medical home sharing in savingsExcept as provided in paragraph (2)—(A)Medical home care management feeUnder this section the Secretary shall provide for payment under section 1848 of a care management fee to the medical home and may include performance incentives. The medical home shall arrange for payment for the services of affiliated physicians and facilities.(B)Medical home sharing in savingsThe Secretary shall provide for payment under this section of a medical home based on the payment methodology applied to health group practices under section 1866A. Under such methodology, 80 percent of the reductions in expenditures under this title and title XIX resulting from participation of individuals that are attributable to the medical home (as reduced by the total care management fees paid to the medical home under this section) shall be paid to the medical home. The amount of such reductions in expenditures shall be determined by using assumptions with respect to reductions in the occurrence of health complications, hospitalization rates, medical errors, and adverse drug reactions.(2)Alternative payment model(A)In generalThe Secretary may provide for payment under this paragraph instead of the amounts otherwise payable under paragraph (1).(B)Establishment of target spending levelFor purposes of this paragraph, the Secretary shall compute an estimated annual spending target based on the amount the Secretary estimates would have been spent in the absence of this section, for items and services covered under parts A and B furnished to applicable beneficiaries for each qualifying medical home under this section. Such spending targets shall be determined on a per capita basis. Such spending targets shall include a risk corridor that takes into account normal variation in expenditures for items and services covered under parts A and B furnished to such beneficiaries with the size of the corridor being related to the number of applicable beneficiaries furnished services by each medical home. The spending targets may also be adjusted for such other factors as the Secretary determines appropriate.(C)Incentive paymentsSubject to performance on quality measures, a qualifying medical home is eligible to receive an incentive payment under this section if actual expenditures for a year for the applicable beneficiaries it enrolls are less than the estimated spending target established under subparagraph (B) for such year. An incentive payment for such year shall be equal to a portion (as determined by the Secretary) of the amount by which actual expenditures (including incentive payments under this paragraph) for applicable beneficiaries under parts A and B for such year are estimated to be less than 95 percent of the estimated spending target for such year, as determined under subparagraph (B).(3)SourcePayments paid under this section shall be made in appropriate proportions (as specified by the Secretary) from the Hospital Insurance Trust Fund, the Federal Supplementary Medical Insurance Trust Fund, and funds appropriated to carry out title XIX.(f)Evidence-BasedThe contracting entity shall follow evidence-based guidelines for care of the long-term illness or medical condition under this section.(g)Patient services quality and performance reportingThe contracting entity shall report at least by the end of every month data specified by the Secretary on the operation of this section, including quality measures of process, outcome, and structure.(h)Waiver authority(1)In generalThe limitations on telehealth under section 1834(m) shall not apply for purposes of this section.(2)Secretary authorityThe Secretary may waive such other requirements of this title and title XIX as may be necessary to carry out the provisions of this section..103.Flexibility in accountable care organizations coverage of telehealthSection 1899 of the Social Security Act (42 U.S.C. 1395jjj) is amended by adding at the end the following new subsection:(l)Flexibility for telehealth(1)Provision as supplemental benefitsNotwithstanding any other provision of this section, an ACO may include coverage of telehealth and remote patient monitoring services as supplemental health care benefits to the same extent as a Medicare Advantage plan is permitted to provide coverage of such services as supplemental health care benefits under section 1852(a)(3)(A).(2)Provision in connection with home health servicesNothing in this section shall be construed as preventing an ACO from including payments for remote patient monitoring and home-based video conferencing services in connection with the provision of home health services (under conditions for which payment for such services would not be made under section 1895 for such services) in a manner that is financially equivalent to the furnishing of a home health visit..104.Recognizing telehealth services and remote patient monitoring in national pilot program on payment bundlingSection 1866D(a)(2) of the Social Security Act (42 U.S.C. 1395cc–4(a)(2)) is amended—(1)in subparagraph (B), by striking 10 conditions and inserting the conditions;(2)in subparagraph (C)—(A)by redesignating clause (v) as clause (vi); and(B)by inserting after clause (iv) the following new clause:(v)Telehealth and remote patient monitoring services.; and(3)in subparagraph (D)(i)(III), by inserting before the period at the end the following: (and such longer period in the case of the use of telehealth and remote patient monitoring services as the Secretary may specify).105.Additional sites to be considered originating sites for purposes of payments for telehealth services under Medicare(a)In generalSection 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is amended—(1)in subparagraph (C)—(A)in clause (i), by striking The term and inserting Subject to clause (iii), the term; and(B)by adding at the end the following new clause:(iii)Additional originating sitesThe term originating site also includes the following sites, whether or not they are located in an area described in clause (i), insofar as such sites are not otherwise included in the definition of originating site under such clause:(I)A critical access hospital (as described in clause (ii)(II)).(II)A sole community hospital (as defined in section 1886(d)(5)(D)(iii)).(III)A home telehealth site (as defined in subparagraph (G)(i)).(IV)A site described in clause (ii) that is located in a county with a population of less than 25,000, according to the most recent decennial census or in an area that was not included in a Metropolitan Statistical Area on any date in 2000.(V)A site described in clause (ii) with respect to services related to the evaluation or treatment of an acute stroke.; and(2)by adding at the end the following new subparagraph:(G)Home telehealth site(i)Home telehealth siteThe term home telehealth site means, with respect to a telehealth service described in clause (ii) furnished to an individual, the in a place of residence used as the home of such individual.(ii)Telehealth services describedA telehealth service described in this clause is a telehealth service that is—(I)related to the provision of hospice care or home dialysis; or(II)furnished to an individual who is determined to be homebound (as defined for purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A)(i)), including such an individual for whom a certification or recertification described in such section is in effect with respect to home health services..(b)No originating site facility fee for new sitesSection 1834(m)(2)(B) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended by inserting after the originating site the following: (other than an additional originating site described in paragraph (4)(C)(iii)).(c)Application of telecommunication systems definition to critical access hospitals and sole community hospitalsThe second sentence of section 1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by inserting any telehealth services furnished or received at a critical access hospital (as described in paragraph (4)(C)(ii)(II)) or a sole community hospital (as defined in section 1886(d)(5)(D)(iii)) or of after in the case of.(d)Site of care for purposes of determining health care liabilitySection 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new paragraph:(5)Site of care for purposes of health care liabilityFor purposes of determining health care liability with respect to telehealth services for which payment is made under this subsection, such service shall be considered to be furnished at the distant site..(e)Effective date(1)In generalExcept as provided in paragraph (2), the amendments made by this section shall apply to services furnished on or after January 1, 2014.(2)Change in MSA ruleThe amendment made by subsection (a)(1)(B)(ii) shall apply with respect to telehealth services furnished on or after February 28, 2013.IIEnhancing Medicaid through telehealth201.Medicaid option for high-risk pregnancies and births(a)In generalTitle XIX of the Social Security Act is amended by adding at the end the following new section:1947.State option to provide coordinated care for enrollees with high-risk pregnancies and births(a)In generalNotwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title for which the Secretary determines it is necessary to waive in order to implement this section, beginning 6 months after the date of the enactment of this section, a State, at its option as a State plan amendment, may provide for medical assistance under this title to eligible individuals for maternal-fetal and neonatal care who select a designated provider (as described under subsection (h)(5)), a team of health care professionals (as described under subsection (h)(6)) operating with such a provider, or a health team (as described under subsection (h)(7)) as the individual’s birthing network for purposes of providing the individual with pregnancy-related services.(b)Qualification standardsThe Secretary shall establish standards for qualification as a designated provider for the purpose of being eligible to be a birthing network for purposes of this section.(c)Payments(1)In generalA State shall provide a designated provider, a team of health care professionals operating with such a provider, or a health team with payments for the provision of birthing network services to each eligible individual for maternal-fetal and neonatal care that selects such provider, team of health care professionals, or health team as the individual’s birthing network. Payments made to a designated provider, a team of health care professionals operating with such a provider, or a health team for such services shall be treated as medical assistance for purposes of section 1903(a), except that, during the first 8 fiscal year quarters that the State plan amendment is in effect, the Federal medical assistance percentage applicable to such payments shall be equal to 90 percent.(2)Savings targetAs a condition for approval of a State plan amendment and payment methodology under this section, the State shall provide the Secretary with assurances that the amendment and methodology shall be projected to reduce the amount of expenditures for pregnancy-related services otherwise made under this title by one percent for each 4-calendar-quarter period during the first 40 calendar quarters in which the amendment is in effect.(3)Methodology(A)In generalThe State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of birthing network services. Such methodology for determining payment shall be established consistent with section 1902(a)(30)(A).(B)Innovative models of paymentThe methodology for determining payment for provision of birthing network services under this section shall not be limited to a per-member per-month basis and may provide (as proposed by the State and subject to approval by the Secretary) for alternate models of payment, including bundled per episode, performance incentives, and shared savings.(4)Planning grants(A)In generalBeginning 30 days after the date of the enactment of this section, the Secretary may award planning grants to States for purposes of developing a State plan amendment under this section. A planning grant awarded to a State or a multi-state collaborative under this paragraph shall remain available until expended.(B)LimitationThe total amount of payments made to States under this paragraph shall not exceed $25,000,000.(d)Report on quality measuresAs a condition for receiving payment for birthing network services provided to an eligible individual for maternal-fetal and neonatal care, a designated provider shall report monthly to the State, in accordance with such requirements as the Secretary shall specify, on all applicable measures for determining the quality of such services. When appropriate and feasible, a designated provider shall use health information technology in providing the State with such information.(e)Evidence-BasedThe birthing network shall adapt, update, and follow evidence-based guidelines for maternal-fetal and neonatal care.(f)DefinitionsIn this section:(1)Eligible individual for maternal-fetal and neonatal care(A)In generalSubject to subparagraph (B), the term eligible individual means an individual who—(i)is eligible for medical assistance under the State plan or under a waiver of such plan; and(ii)(I)is pregnant (or was pregnant during the immediately preceding 30 day period); or(II)is the child of an individual described in clause (i) and under 30 days old.(B)Rule of constructionNothing in this paragraph shall prevent the Secretary from establishing other requirements for purposes of determining eligibility for receipt of birthing network services under this section.(2)Birthing networkThe term birthing network means a designated provider (including a provider that operates in coordination with a team of health care professionals) or a health team selected by an eligible individual to provide birthing network services.(3)Birthing network services(A)In generalThe term birthing network services means comprehensive and timely high-quality services described in subparagraph (B) that are provided by a designated provider, a team of health care professionals operating with such a provider, or a health team and are identified in a provider registry.(B)Services describedThe services described in this subparagraph are—(i)comprehensive care coordination;(ii)health promotion;(iii)a call center to offer 24-hour physician support for consultations with maternal-fetal medicine specialists, when requested, regarding patient management issues;(iv)newborn screening, including for heart defects and to reduce newborn hospital readmissions;(v)patient and family support (including authorized representatives);(vi)referral to community and social support services, if relevant; and(vii)use of health information technology to link services and provide monitoring, as feasible and appropriate.(4)Designated providerThe term designated provider means a physician, clinical practice or clinical group practice, rural clinic, community health center, public health agency, home health agency, or any other entity or provider (including pediatricians, gynecologists, and obstetricians) that is determined by the State and approved by the Secretary to be qualified to be a birthing network for eligible individuals on the basis of documentation evidencing that the physician, practice, or clinic—(A)has the systems and infrastructure in place to provide birthing network services; and(B)satisfies the qualification standards established by the Secretary under subsection (b) and paragraph (7)(B).(5)Team of health care professionalsThe term team of health care professionals means a team of health professionals (as described in the State plan amendment) that may—(A)include physicians and other professionals, such as a nurse care coordinator, midwife, nutritionist, social worker, behavioral health professional, or any professionals deemed appropriate by the State; and(B)be free standing, virtual, or based at a hospital, community health center, rural clinic, clinical practice or clinical group practice, academic health center, or any entity deemed appropriate by the State and approved by the Secretary.(6)Health teamThe term health team has the meaning given such term for purposes of section 3502 of the Patient Protection and Affordable Care Act.(7)Birthing data and exchange(A)Proposal for use of health information technologyA State shall include in the State plan amendment a proposal for use of health information technology in providing birthing network services under this section and improving service delivery and coordination across the care continuum (including the use of wireless patient technology to improve coordination and management of care and patient adherence to recommendations made by their provider).(B)Information requirements for birthing networksThe birthing network shall—(i)be in compliance with the Medicaid standards for meaningful use of electronic health records;(ii)participate with the State’s health information exchange, as available, or operate an exchange among the birthing network;(iii)collect demographic information on participating newborns and mothers;(iv)use demographic and event-based data to identify patients that are likely going to need short or long-term follow-up; and(v)providing de-identified demographic data sets for statistical and social science research to develop culturally competent best practices and clinical decision support mechanisms for maternal-fetal and neonatal care..(b)Patient services quality and performance reporting(1)In generalNot later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall survey States that have elected the option under section 1947 of the Social Security Act, as added by section (a), on the nature, extent, and use of such option, particularly as it pertains to—(A)terms of pregnancies;(B)use of prenatal fetal monitoring;(C)use of Caesarean section procedures;(D)use of neonatal intensive care services;(E)incidence of birthing complications;(F)incidence of infant and maternal mortality;(G)coordination of maternal-fetal and neonatal care for individuals;(H)assessment of program implementation;(I)processes and lessons learned (as described in subparagraph (B));(J)assessment of quality improvements and clinical outcomes under such option; and(K)participating mothers’ assessment of performance, quality, convenience, and satisfaction.(2)Implementation reportingA State that has elected the option under such section shall report to the Secretary, as necessary, on processes that have been developed and lessons learned regarding provision of coordinated care through a birthing network for Medicaid beneficiaries for maternal-fetal and neonatal care under such option.IIIImproving telecommunications for medical delivery301.Additional providers considered health care providers for purposes of universal service supportSubparagraph (B) of section 254(h)(7) of the Communications Act of 1934 (47 U.S.C. 254(h)(7)) is amended—(1)in clause (vi), by striking and;(2)in clause (vii), by striking clauses (i) through (vi) and inserting clauses (i) through (ix);(3)by redesignating clause (vii) as clause (x); and(4)by inserting after clause (vi) the following new clauses:(vii)ambulance providers and other emergency medical transport providers;(viii)health clinics of elementary and secondary schools and post-secondary educational institutions;(ix)sites where telehealth services are provided under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) or under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.); and.302.No consideration of provider location in rules enhancing health care provider access to advanced telecommunications and information servicesSection 254(h)(2)(A) of the Communications Act of 1934 (47 U.S.C. 254(h)(2)(A)) is amended by inserting (regardless of the location of such providers) after health care providers.


117 HRES 8 EH: Adopting the Rules of the House of Representatives for the One Hundred Seventeenth Congress, and for other purposes.
U.S. House of Representatives
2021-01-04
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.

IV
117th CONGRESS
1st Session
H. RES. 8
In the House of Representatives, U. S.,

January 4, 2021

RESOLUTION
Adopting the Rules of the House of Representatives for the One Hundred Seventeenth Congress, and for other purposes.

1.Adoption of the rules of the One Hundred Sixteenth CongressThe Rules of the House of Representatives of the One Hundred Sixteenth Congress, including applicable provisions of law or concurrent resolution that constituted rules of the House at the end of the One Hundred Sixteenth Congress, are adopted as the Rules of the House of Representatives of the One Hundred Seventeenth Congress, with amendments to the standing rules as provided in section 2, and with other orders as provided in this resolution. 2.Changes to the standing rules (a)Conforming changeIn clause 2(i) of rule II—
(1)strike the designation of subparagraph (1); and (2)strike subparagraph (2).
(b)Office of Diversity and Inclusion and Office of the Whistleblower Ombuds
(1)EstablishmentIn rule II, add at the end the following new clauses:   Office of Diversity and Inclusion9. (a)There is established an Office of Diversity and Inclusion. The Speaker, in consultation with the Minority Leader, shall appoint a Director of the Office from recommendations provided by the chair of the Committee on House Administration in consultation with the ranking minority member of such committee.
(b)Subject to the policy direction and oversight of the Committee on House Administration, the Office of Diversity and Inclusion shall— (1)direct and guide House employing offices to recruit, hire, train, develop, advance, promote, and retain a diverse workforce;
(2)survey and evaluate diversity in House employing offices; (3)through the Director of the Office at the end of each session of Congress, submit a House of Representatives diversity report to the Speaker, the Majority Leader, the Minority Leader, the chair and ranking minority member of the Committee on House Administration, and the chair and ranking minority member of the Subcommittee on the Legislative Branch of the Committee on Appropriations; and
(4)provide consultation and guidance in furtherance of increasing diversity and inclusion in the House.    Office of the Whistleblower Ombuds10. (a)There is established an Office of the Whistleblower Ombuds. The Speaker, in consultation with the chairs and ranking minority members of the Committee on House Administration and the Committee on Oversight and Reform, shall appoint a Director of the Office.
(b)Subject to the policy direction and oversight of the Committee on House Administration, and in consultation with any other committee (at the request of the chair or ranking minority member of such other committee), the Office of the Whistleblower Ombuds shall— (1)promulgate best practices for whistleblower intake for offices of the House; and
(2)provide training for offices of the House on whistleblower intake, including establishing an effective reporting system for whistleblowers, maintaining whistleblower confidentiality, advising staff of relevant laws and policies, and protecting information provided by whistleblowers. . (2)Conforming amendmentIn clause 4(d)(1)(A) of rule X—
(A)strike “and the Inspector General” and insert “, the Inspector General, the Office of Diversity and Inclusion, and the Office of the Whistleblower Ombuds”; and (B)strike “and Inspector General” and insert “Inspector General, Office of Diversity and Inclusion, and Office of the Whistleblower Ombuds”.
(c)Continuing authority to act in litigation mattersIn clause 8(c) of rule II, strike appropriate and insert appropriate, including, but not limited to, the issuance of subpoenas,.  (d)Admittance to the hall of the house (1)In clause 2(a)(14) of rule IV, insert and the Mayor of the District of Columbia after Territories.
(2)In clause 4(a) of rule IV— (A)in subparagraph (2) strike committee; or and insert committee;;
(B)in subparagraph (3) strike the period and insert ; or; and (C)add at the end the following new subparagraph:

(4)has been convicted by a court of record for the commission of a crime in relation to that individual’s election to, or service to, the House.. (e)Gender-Inclusive language (1)In clause 1(c)(9) of rule X, strike seamen and insert seafarers.
(2)In clause 4(a)(1)(B) of rule X, strike Chairman and insert Chair. (3)In clause 8(c)(3) of rule XXIII, strike father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandson, or granddaughter and insert parent, child, sibling, parent’s sibling, first cousin, sibling’s child, spouse, parent-in-law, child-in-law, sibling-in-law, stepparent, stepchild, stepsibling, half-sibling, or grandchild.
(4)In clause 10(b) of rule XXIII— (A)strike submit his or her resignation and insert resign;
(B)strike he or she serves and insert such Member, Delegate, or Resident Commissioner serves; and (C)strike he or she holds and insert such Member, Delegate, or Resident Commissioner holds.
(5)In clause 15(d)(2) of rule XXIII, strike father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law and insert parent, child, sibling, spouse, or parent-in-law. (6)In clause 4 of rule XXVII, strike himself or herself and insert themself.
(7)In rule XXIX, clause 2 is amended to read as follows:  2.(Reserved.).
(f)Committee on Armed ServicesIn clause 1(c) of rule X— (1)in subparagraph (1) strike “and Air Force” and insert “Marine Corps, Air Force, and Space Force”; and
(2)in subparagraph (13), strike “and Air Force” and insert “Air Force, and Space Force”. (g)Committee Oversight plansIn clause 2(d)(2) of rule X—
(1)in subdivision (D), strike and; (2)in subdivision (E), strike the period and insert ; and; and
(3)add at the end the following new subdivision:  (F)give priority consideration to including in the plan a discussion of how the committee’s work will address issues of inequities on the basis of race, color, ethnicity, religion, sex, sexual orientation, gender identity, disability, age, or national origin..
(h)Printing and availability requirements
(1)In clause 6 of rule X, strike printed each place that it appears. (2)In clause 8(b)(1)(A) of rule XXII, insert or pursuant to clause 3 of rule XXIX after Congressional Record.
(i)Committee vote availabilityIn clause 2(e)(1)(B) of rule XI— (1)in item (i), strike made available by the committee for inspection by the public at reasonable times in its offices and also;
(2)in item (i), strike subdivision (B)(ii) and insert item (ii); and (3)in item (ii), strike available for inspection by the public and insert publicly available.
(j)Amendment availabilityIn clause 2(e)(6) of rule XI, insert “, or 48 hours after the disposition or withdrawal of any other amendment,” after “any amendment”. (k)Truth-in-Testimony reformIn clause 2(g)(5) of rule XI—
(1)amend subdivision (B) to read as follows:  (B)In the case of a witness appearing in a non-governmental capacity, a written statement of proposed testimony shall include—
(i)a curriculum vitae; (ii)a disclosure of any Federal grants or contracts, or contracts, grants, or payments originating with a foreign government, received during the past 36 months by the witness or by an entity represented by the witness and related to the subject matter of the hearing; and
(iii)a disclosure of whether the witness is a fiduciary (including, but not limited to, a director, officer, advisor, or resident agent) of any organization or entity that has an interest in the subject matter of the hearing. ;  (2)in subdivision (C), strike subdivision (B) and insert subdivision (B)(ii); and
(3)in subdivision (D), insert 24 hours before the witness appears to the extent practicable, but before not later. (l)Electronic filing of reports and electronic signatures (1)In clause 2(l) of rule XI, insert (including in electronic form) after signed views.
(2)In clause 2(a) of rule XIII— (A)in subparagraph (1), strike subparagraph (2) and insert subparagraphs (2) and (3); and
(B)add the following new subparagraph:  (3)All reports of committees may be delivered to the Clerk in electronic form..
(3)In clause 5(b) of rule XIII, insert , pursuant to clause 2(a)(3), or pursuant to clause 2(c), after from the floor. (4)In clause 5 of rule XXV, insert (including in electronic form) after signed each place that it appears.
(5)In clause 1 of rule XXVII, insert (including in electronic form) after signed.  (m)Subpoena authorityIn clause 2(m)(3) of rule XI, add the following new subdivision:

(D)Subpoenas for documents or testimony may be issued to any person or entity, whether governmental, public, or private, within the United States, including, but not limited to, the President, and the Vice President, whether current or former, in a personal or official capacity, as well as the White House, the Office of the President, the Executive Office of the President, and any individual currently or formerly employed in the White House, Office of the President, or Executive Office of the President.. (n)Committee on ethics (1)In clause 5(a)(3)(C) of rule X, insert or fifth after fourth.
(2)In clause 3 of rule XI— (A)in paragraph (b)(8)(A), insert , Delegate, Resident Commissioner after Member each place it appears;
(B)in paragraph (b)(8)(B)(iii), insert , Delegate, Resident Commissioner after Member; (C)in paragraph (k)(1)(A), insert , Delegate, Resident Commissioner after Member;
(D)in paragraph (m)(1)(A), insert , Delegates, or the Resident Commissioner after Members; (E)in paragraph (n), insert , Delegate, Resident Commissioner after Member; and
(F)in paragraph (r), insert , Delegate, Resident Commissioner after Member.  (o)Audio and video recordingsIn clause 4(b) of rule XI, strike radio and television tapes and television film and insert audio and video recordings.
(p)Cosponsorship withdrawalIn clause 7(b)(2) of rule XII, strike the first two sentences and insert the following: The name of a cosponsor of a bill or resolution may be deleted only by a demand from the floor made by the Member, Delegate, or Resident Commissioner whose name is to be deleted, or by a unanimous-consent request from the sponsor. The Speaker may only entertain such a demand or request until the last committee authorized to consider and report the bill or resolution reports it to the House or is discharged from its consideration.. (q)Comparative printsIn rule XXI, strike clause 12.
(r)Requiring committee hearing and markup on bills and joint resolutions
(1)In clause 3(c) of rule XIII, add the following new subparagraph:  (6) (A)On a bill or joint resolution to be considered pursuant to a special order of business reported by the Committee on Rules—
(i)a list of related committee and subcommittee hearings; and (ii)a designation of at least one committee or subcommittee hearing that was used to develop or consider such bill or joint resolution.
(B)Subdivision (A) shall not apply to a bill or joint resolution— (i)continuing appropriations for a fiscal year; or
(ii)containing an emergency designation under section 251(b)(2) or section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985. .  (2)In rule XXI, add at the end the following new clause:

12.
(a)It shall not be in order to consider a bill or joint resolution pursuant to a special order of business reported by the Committee on Rules that has not been reported by a committee.  (b)Paragraph (a) shall not apply to a bill or joint resolution—
(1)continuing appropriations for a fiscal year;  (2)containing an emergency designation under section 251(b)(2) or section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985;
(3)designated pursuant to clause 7(a) of rule XV; or (4)not referred to committee.
(c)Paragraph (a) does not apply before March 1 of an odd-numbered year.. (s)Motion to Recommit (1)In clause 6(c) of rule XIII, strike , including a motion to recommit with instructions to report back an amendment otherwise in order.
(2)In clause 2 of rule XIX— (A)in paragraph (a), strike with or;
(B)amend paragraph (b) to read as follows:  (b)The previous question shall be considered as ordered on any motion to recommit (or commit, as the case may be).; and
(C)strike paragraph (c). (3)In clause 7(d) of rule XXII, strike or in a motion to recommit to conference.
(t)District of Columbia businessIn rule XV— (1)clause 4 is amended to read as follows:

4.(Reserved.). (2)in clause 4, strike the caption.
(u)Title amendmentsIn clause 6 of rule XVI, insert , shall be in order only if offered by the Majority Leader or a designee, after adoption. (v)Reconciliation DirectivesClause 7 of rule XXI is amended to read as follows:

7.(Reserved.). (w)Availability of measuresIn clause 11 of rule XXI, insert the text of before such measure.
(x)Prohibited serviceClause 19(c) of rule XXIII is amended to read as follows: A Member, Delegate, Resident Commissioner, officer, or employee of the House shall comply with regulations issued and revised, as necessary, by the Committee on Ethics regarding types of prohibited service or positions that could lead to conflicts of interest.. (y)Code of official conductIn rule XXIII—
(1)redesignate clause 20 as clause 22; and (2)insert after clause 19 the following new clauses:

20.A Member, Delegate, Resident Commissioner, officer, or employee of the House may not, directly or indirectly, take any actions to prevent any individual from or retaliate against any individual for providing truthful information to the Committee on Ethics, the Office of Congressional Ethics, the Office of Congressional Workplace Rights, or any law enforcement official, provided that the disclosure of such information is not otherwise prohibited by law or House rules.  21. (a)Except as provided in paragraphs (b) and (c), a Member, Delegate, Resident Commissioner, officer, or employee of the House shall not knowingly and willfully disclose publicly the identity of, or personally identifiable information about, any individual who has reported allegations of possible wrongdoing, including retaliation, under processes and protections provided by the Civil Service Reform Act of 1978, the Whistleblower Protection Act of 1989, the Intelligence Community Whistleblower Protection Act of 1998, or any other Federal law that establishes the right for individuals to make protected disclosures to Congress.
(b)The limitation in paragraph (a) shall not apply to any disclosure of an individual’s identity or personally identifiable information if— (1)the individual has provided express written consent prior to such disclosure;
(2)the individual has already voluntarily and publicly disclosed their identity; or (3)the disclosure is by the chair of a committee after an affirmative vote by two-thirds of the members of the committee that such disclosure is in the public interest.
(c)Nothing in this clause shall prevent— (1)an investigation of any allegation of wrongdoing disclosed by any individual; or
(2)the public disclosure of substantive information shared by any individual that is not personally identifiable to that individual. (d)Disclosures made pursuant to paragraph (b)(3) shall be subject to appropriate safeguards, including that the individual be provided timely advance notice if possible before their identity or any personally identifiable information is disclosed prior to the vote described in paragraph (b)(3), unless such information would jeopardize the related investigations. When providing such notice to the individual the committee chair shall send the individual a written explanation of the reasons for the disclosure. .
(z)Communications Standards CommissionIn clause 5 of rule XXIV, strike Commission on Congressional Mailing Standards and insert Communications Standards Commission.  3.Separate orders (a)Member day hearing requirementDuring the first session of the One Hundred Seventeenth Congress, each standing committee (other than the Committee on Ethics) or each subcommittee thereof (other than a subcommittee on oversight) shall hold a hearing at which it receives testimony from Members, Delegates, and the Resident Commissioner on proposed legislation within its jurisdiction, except that the Committee on Rules may hold such hearing during the second session of the One Hundred Seventeenth Congress.
(b)Deposition authority
(1)During the One Hundred Seventeenth Congress, the chair of a standing committee (other than the Committee on Rules), and the chair of the Permanent Select Committee on Intelligence, upon consultation with the ranking minority member of such committee, may order the taking of depositions, including pursuant to subpoena, by a member or counsel of such committee. (2)Depositions taken under the authority prescribed in this subsection shall be subject to regulations issued by the chair of the Committee on Rules and printed in the Congressional Record.
(c)War Powers resolutionDuring the One Hundred Seventeenth Congress, a motion to discharge a measure introduced pursuant to section 6 or section 7 of the War Powers Resolution (50 U.S.C. 1545–46) shall not be subject to a motion to table. (d)Exercise facilities for former membersDuring the One Hundred Seventeenth Congress—
(1)The House of Representatives may not provide access to any exercise facility which is made available exclusively to Members and former Members, officers and former officers of the House of Representatives, and their spouses to any former Member, former officer, or spouse who is a lobbyist registered under the Lobbying Disclosure Act of 1995 or any successor statute or who is an agent of a foreign principal as defined in clause 5 of rule XXV. For purposes of this subsection, the term Member includes a Delegate or Resident Commissioner to the Congress. (2)The Committee on House Administration shall promulgate regulations to carry out this subsection.
(e)Empaneling investigative subcommittee of the Committee on EthicsThe text of House Resolution 451, One Hundred Tenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such provision applied in the One Hundred Tenth Congress, except that references to the Committee on Standards of Official Conduct shall be construed as references to the Committee on Ethics. (f)Non-Disclosure agreementsAny non-disclosure agreement imposed by any employing or contracting authority in the House of Representatives to which a paid or unpaid employee or contractor is or was required to agree as a term of employment shall—
(1)provide clear guidance that the employee or contractor may communicate concerning any matter with the Committee on Ethics, the Office of Congressional Workplace Rights, or any other office or entity designated by the Committee on House Administration without prior, concurrent, or subsequent notice or approval; and (2)not be binding and shall have no legal effect to the extent to which it requires prior, concurrent, or subsequent notice or approval from anyone on any matter with respect to communications from an employee or contractor to any of the committees, offices, or entities described in paragraph (1).
(g)Requiring Members to pay for discrimination settlements
(1)In generalIn the case of a settlement of a complaint under the Congressional Accountability Act of 1995 in connection with a claim alleging a violation described in paragraph (2) which is committed personally by a Member, Delegate, or Resident Commissioner, if the Member, Delegate, or Resident Commissioner is not required under law to reimburse the Treasury for the amount of the settlement, the chair and ranking minority member of the Committee on House Administration may not approve the settlement pursuant to clause 4(d)(2) of rule X unless, under the terms and conditions of the settlement, the Member, Delegate, or Resident Commissioner is required to reimburse the Treasury for the amount of the settlement. (2)Violations describedA violation described in this paragraph is—
(A)a violation of section 201(a) or section 206(a) of the Congressional Accountability Act of 1995; or (B)a violation of section 207 of such Act which consists of intimidating, taking reprisal against, or otherwise discriminating against any covered employee under such Act because of a claim alleging a violation described in subparagraph (A).
(h)Mandatory anti-Harassment and anti-Discrimination policies for House offices
(1)Requiring offices to adopt policyEach employing office of the House of Representatives under the Congressional Accountability Act of 1995 shall adopt an anti-harassment and anti-discrimination policy for the office's workplace. (2)RegulationsNot later than April 1, 2021, the Committee on House Administration shall promulgate regulations to carry out this subsection, and shall ensure that such regulations are consistent with the requirements of the Congressional Accountability Act of 1995, rule XXIII, and other relevant laws, rules, and regulations.
(i)Displaying statement of rights and protections provided to House employeesThe Committee on House Administration shall issue regulations to provide that each employing office of the House of Representatives shall post in a prominent location in the office (including, in the case of the office of a Member, Delegate, or the Resident Commissioner, a prominent location in each district office) a statement of the rights and protections provided to employees of the House of Representatives under the Congressional Accountability Act of 1995, including the procedures available to employees of the House under such Act for responding to and adjudicating allegations of violations of such rights and protections. (j)Broadening availability and utility of legislative documents in machine-Readable formatsThe Committee on House Administration, the Clerk, and other officers and officials of the House shall continue efforts to broaden the availability and utility of legislative documents in machine readable formats in the One Hundred Seventeenth Congress in furtherance of the institutional priorities of—
(1)improving public availability and use of legislative information produced by the House and its committees; and (2)enabling all House staff to produce comparative prints showing the differences between versions of legislation, how proposed legislation will amend existing law, and how an amendment may change proposed legislation.
(k)Improving the Committee electronic document repositoryThe Clerk, the Committee on House Administration, and other officers and officials of the House shall undertake efforts to improve the electronic document repository operated by the Clerk for use by committees of the House in the One Hundred Seventeenth Congress, in furtherance of the institutional priority of increasing public availability and identification of legislative information produced and held by House committees, including votes, amendments, and witness disclosure forms. (l)Inclusion of citations for proposed repeals and amendmentsTo the maximum extent practicable and consistent with established drafting conventions, an instruction in a bill or joint resolution proposing to repeal or amend any law or part thereof not contained in a codified title of the United States Code shall include, in parentheses immediately following the designation of the matter proposed to be repealed or amended, the applicable United States Code citation (which may be a note in the United States Code), or, if no such citation is available, an appropriate alternative citation to the applicable law or part.
(m)Providing for transparency with respect to memorials submitted pursuant to Article V of the Constitution of the United StatesWith respect to any memorial presented under clause 3 of rule XII purporting to be an application of the legislature of a State calling for a convention for proposing amendments to the Constitution of the United States pursuant to Article V, or a rescission of any such prior application— (1)the chair of the Committee on the Judiciary shall, in the case of a memorial presented in the One Hundred Fourteenth Congress or succeeding Congresses, and may, in the case of such a memorial presented prior to the One Hundred Fourteenth Congress, designate any such memorial for public availability by the Clerk; and
(2)the Clerk shall make such memorials as are designated pursuant to paragraph (1) publicly available in electronic form, organized by State of origin and year of receipt, and shall indicate whether the memorial was designated as an application or a rescission. (n)SubcommitteesNotwithstanding clause 5(d) of rule X, during the One Hundred Seventeenth Congress the Committee on Agriculture may have not more than six subcommittees.
(o)Congressional Member Organization transparency reform
(1)Payment of salaries and expenses through account of organizationA Member of the House of Representatives and an eligible Congressional Member Organization may enter into an agreement under which— (A)an employee of the Member’s office may carry out official and representational duties of the Member by assignment to the Organization; and
(B)to the extent that the employee carries out such duties under the agreement, the Member shall transfer the portion of the Members’ Representational Allowance (MRA) of the Member which would otherwise be used for the salary and related expenses of the employee to a dedicated account in the House of Representatives which is administered by the Organization, in accordance with the regulations promulgated by the Committee on House Administration under paragraph (2). (2)RegulationsThe Committee on House Administration (hereafter referred to in this subsection as the Committee) shall promulgate regulations as follows:
(A)Use of MRAPursuant to the authority of section 101(d) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5341(d)), the Committee shall prescribe regulations to provide that an eligible Congressional Member Organization may use the amounts transferred to the Organization’s dedicated account under paragraph (1)(B) for the same purposes for which a Member of the House of Representatives may use the Members’ Representational Allowance, except that the Organization may not use such amounts for franked mail, official travel, or leases of space or vehicles. (B)Maintenance of limitations on number of shared employeesPursuant to the authority of section 104(d) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5321(d)), the Committee shall prescribe regulations to provide that an employee of the office of a Member of the House of Representatives who is covered by an agreement entered into under paragraph (1) between the Member and an eligible Congressional Member Organization shall be considered a shared employee of the Member’s office and the Organization for purposes of such section, and shall include in such regulations appropriate accounting standards to ensure that a Member of the House of Representatives who enters into an agreement with such an Organization under paragraph (1) does not employ more employees than the Member is authorized to employ under such section.
(C)Participation in student loan repayment programPursuant to the authority of section 105(b) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536(b)), relating to the student loan repayment program for employees of the House, the Committee shall promulgate regulations to provide that, in the case of an employee who is covered by an agreement entered into under paragraph (1) between a Member of the House of Representatives and an eligible Congressional Member Organization and who participates in such program while carrying out duties under the agreement— (i)any funds made available for making payments under the program with respect to the employee shall be transferred to the Organization’s dedicated account under paragraph (1)(B); and
(ii)the Organization shall use the funds to repay a student loan taken out by the employee, under the same terms and conditions which would apply under the program if the Organization were the employing office of the employee. (D)Access to House servicesThe Committee shall prescribe regulations to ensure that an eligible Congressional Member Organization has appropriate access to services of the House.
(E)Other regulationsThe Committee shall promulgate such other regulations as may be appropriate to carry out this subsection. (3)Eligible congressional member organization definedIn this subsection, the term eligible Congressional Member Organization means, with respect to the One Hundred Seventeenth Congress, an organization meeting each of the following requirements:
(A)The organization is registered as a Congressional Member Organization with the Committee on House Administration. (B)The organization designates a single Member of the House of Representatives to be responsible for the administration of the organization, including the administration of the account administered under paragraph (1)(B), and includes the identification of such Member with the statement of organization that the organization files and maintains with the Committee on House Administration.
(C)At least 3 employees of the House are assigned to perform some work for the organization. (D)During the One Hundred Sixteenth Congress, at least 15 Members of the House of Representatives used a portion of the Members’ Representational Allowance of the Member for the salary and related expenses of an employee who was a shared employee of the Member’s office and the organization.
(E)The organization files a statement with the Committee on House Administration and the Chief Administrative Officer of the House of Representatives certifying that it will administer an account in accordance with paragraph (1)(B). (p)Budget mattersDuring the first session of the One Hundred Seventeenth Congress, pending the adoption of a concurrent resolution on the budget for fiscal year 2021, the allocations, aggregates, and other appropriate levels as contained in the statement of the chair of the Committee on the Budget of the House of Representatives in the Congressional Record of May 1, 2020, as adjusted in the One Hundred Sixteenth Congress, shall be considered for all purposes in the House to be the allocations, aggregates, and other appropriate levels under titles III and IV of the Congressional Budget Act of 1974.
(q)Reissuance of subpoenas prior to committee organization
(1)The House authorizes the chair of the Committee on Oversight and Reform (when elected), on behalf of the Committee on Oversight and Reform and until such committee has adopted rules pursuant to clause 2(a) of rule XI, to issue subpoenas related to the investigation into the accuracy and timing of the 2020 decennial census and related matters. (2)The House authorizes the chair of the Select Subcommittee on the Coronavirus Crisis (when designated), on behalf of the Select Subcommittee on the Coronavirus Crisis and until the Committee on Oversight and Reform has adopted rules pursuant to clause 2(a) of rule XI, to issue subpoenas related to the investigation into political interference in the response to the coronavirus pandemic at the Department of Health and Human Services and Centers for Disease Control and Prevention and related matters.
(r)Numbering of billsIn the One Hundred Seventeenth Congress, the first 10 numbers for bills (H.R. 1 through H.R. 10) shall be reserved for assignment by the Speaker and the second 10 numbers for bills (H.R. 11 through H.R. 20) shall be reserved for assignment by the Minority Leader. (s)Remote voting by proxy and remote committee activityHouse Resolution 965, One Hundred Sixteenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such resolution applied in the One Hundred Sixteenth Congress, except that—
(1)the notification and availability requirements of section 2 do not apply to revocation letters submitted to the Clerk after an automatic revocation pursuant to section 2(a)(2)(B); (2)section 4(b) shall not apply; and
(3)the chair of the Committee on House Administration, in consultation with the ranking minority member, shall identify and submit to the Speaker and to the chair and ranking minority member of the Committee on Rules specific operable and secure technology that may be used to conduct remote voting in the House and shall provide certification of such submission to the House as though pursuant to section 5(a). (t)Witness diversityNot later than July 1, 2021, the Office of Diversity and Inclusion shall submit a report to the Committee on House Administration and the Committee on Rules recommending a method to survey the diversity of witness panels at committee hearings. Not later than July 31, 2021, the Committee on House Administration and the Committee on Rules shall take such steps as may be necessary to ensure the implementation of such method.
(u)Requirements for Committee hearing and markupDuring the One Hundred Seventeenth Congress, notwithstanding clause 12(c) of rule XXI (as added by section 2(r)), clause 12(a) of rule XXI shall not apply before April 1, 2021. (v)ExemptionsThe chair of the Committee on the Budget may adjust an estimate under clause 4 of rule XXIX to—
(1)exempt the budgetary effects of measures to prevent, prepare for, or respond to economic or public health consequences resulting from the COVID–19 pandemic; and (2)exempt the budgetary effects of measures to prevent, prepare for, or respond to economic, environmental, or public health consequences resulting from climate change.
(w)Further expenses for resolving contested elections
(1)Amounts for expenses of Committee on House AdministrationThere shall be paid out of the applicable accounts of the House of Representatives such sums as may be necessary for further expenses of the Committee on House Administration for the One Hundred Seventeenth Congress for resolving contested elections. (2)Session limitationThe amount specified in paragraph (1) shall be available for expenses incurred during the period beginning at noon on January 3, 2021, and ending immediately before noon on January 3, 2022.
(3)VouchersPayments under this subsection shall be made on vouchers authorized by the Committee on House Administration, signed by the chair of the Committee, and approved in the manner directed by the Committee. (4)RegulationsAmounts made available under this subsection shall be expended in accordance with regulations prescribed by the Committee on House Administration.
(x)Support for Senate measuresNot later than February 1, 2021, the Clerk shall submit to the chair of the Committee on Rules regulations establishing a process for Members to indicate their support for Senate measures that have been received by the House. Such process shall include the maintenance of a publicly available list of Members supporting each such Senate measure. Upon receipt of such regulations, the chair of the Committee on Rules shall cause them to be printed in the Congressional Record, and Members shall be permitted to indicate their support for Senate measures accordingly. (y)Dissemination of manipulated mediaThe Committee on Ethics is directed to report to the House, not later than December 31, 2021, any recommended amendments to the Code of Official Conduct, as well as any accompanying regulations, intended to address the circumstances and instances, if any, for which a Member, Delegate, Resident Commissioner, officer, or employee of the House may be subject to discipline for the dissemination by electronic means, including by social media, of any image, video, or audio file that has been distorted or manipulated with the intent to mislead the public.
4.Committees, commissions, and House offices
(a)House Democracy PartnershipHouse Resolution 24, One Hundred Tenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such resolution applied in the One Hundred Tenth Congress, except that the commission concerned shall be known as the House Democracy Partnership. (b)Tom Lantos Human Rights CommissionSections 1 through 7 of House Resolution 1451, One Hundred Tenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such provisions applied in the One Hundred Tenth Congress, except that—
(1)the Tom Lantos Human Rights Commission may, in addition to collaborating closely with other professional staff members of the Committee on Foreign Affairs, collaborate closely with professional staff members of other relevant committees; (2)the resources of the Committee on Foreign Affairs which the Commission may use shall include all resources which the Committee is authorized to obtain from other offices of the House of Representatives; and
(3)any amounts authorized to provide full-time professional staff and resources to the Tom Lantos Human Rights Commission shall be in addition to and separate from the amounts authorized for salaries and expenses of the Committee on Foreign Affairs as provided by resolution of the House, shall be administered by the Committee on Foreign Affairs, and shall be distributed equally between the co-chairs of the Commission. (c)Office of Congressional EthicsSection 1 of House Resolution 895, One Hundred Tenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such provision applied in the One Hundred Tenth Congress, except that—
(1)the Office of Congressional Ethics shall be treated as a standing committee of the House for purposes of section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i)); (2)references to the Committee on Standards of Official Conduct shall be construed as references to the Committee on Ethics;
(3)any requirement for concurrence in section 1(b)(1) shall be construed as a requirement for consultation; (4)the second sentence of section 1(b)(6)(A) shall not apply;
(5)members subject to section 1(b)(6)(B) may be reappointed for a fourth additional term; (6)any individual who is the subject of a preliminary review or second-phase review by the board shall be informed of the right to be represented by counsel and invoking that right should not be held negatively against such individual; and
(7)the Office may not take any action that would deny any person any right or protection provided under the Constitution of the United States. (d)Select Committee on the Climate CrisisSection 104(f) of House Resolution 6, One Hundred Sixteenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such section applied in the One Hundred Sixteenth Congress, except that—
(1)the investigative jurisdiction of the Select Committee on the Climate Crisis shall consist of policies, strategies, and innovations to achieve substantial and permanent reductions in pollution and other activities that contribute to the climate crisis which will honor our responsibility to be good stewards of the planet for future generations and advance environmental justice; (2)the Select Committee shall coordinate with and advise standing committees with relevant jurisdiction with respect to such policies, strategies, and innovations;
(3)any records obtained by a standing committee pursuant to a subpoena or deposition recommended by the Select Committee pursuant to section 104(f)(3)(B)(iii) may be transferred to the Select Committee; and (4)the Select Committee shall submit all policy recommendations referenced in section 104(f)(5) by December 31, 2021, and all reports referenced in section 104(f)(5) by December 31, 2022.
(e)Select Committee on the Modernization of CongressSection 201 of House Resolution 6, One Hundred Sixteenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such section applied in the One Hundred Sixteenth Congress, except that— (1)the Select Committee shall submit the final report under section 201(f)(3) not later than December 31, 2022; and
(2)section 201(g)(1) shall not apply.  (f)Select Subcommittee on the Coronavirus CrisisSections 1 through 7 of House Resolution 935, One Hundred Sixteenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such provisions applied in the One Hundred Sixteenth Congress.
(g)Select Committee on Economic Disparity and Fairness in Growth
(1)Establishment; composition
(A)EstablishmentThere is hereby established a Select Committee on Economic Disparity and Fairness in Growth (hereafter in this subsection referred to as the Select Committee). (B)CompositionThe Select Committee shall be composed of 15 Members, Delegates, or the Resident Commissioner appointed by the Speaker, of whom 6 shall be appointed on the recommendation of the Minority Leader. The Speaker shall designate one member of the Select Committee as its chair. A vacancy in the membership of the Select Committee shall be filled in the same manner as the original appointment.
(2)Jurisdiction; functions
(A)Legislative jurisdictionThe Select Committee shall not have legislative jurisdiction and shall have no authority to take legislative action on any bill or resolution. (B)Investigative jurisdictionThe sole authority of the Select Committee shall be to investigate, study, make findings, and develop recommendations on policies, strategies, and innovations to make our economy work for everyone, empowering American economic growth while ensuring that no one is left out or behind in the 21st Century Economy. The Select Committee shall coordinate with and advise standing committees with relevant jurisdiction with respect to policy related to economic fairness, access to education, and workforce development. The Select Committee may, at its discretion, hold public hearings in connection with any aspect of its investigative functions.
(3)Procedure
(A)Except as specified in subparagraph (B), the Select Committee shall have the authorities and responsibilities of, and shall be subject to the same limitations and restrictions as, a standing committee of the House, and shall be deemed a committee of the House for all purposes of law or rule. (B) (i)Rules X and XI shall apply to the Select Committee where not inconsistent with this subsection.
(ii)Service on the Select Committee shall not count against the limitations in clause 5(b)(2) of rule X. (iii)Clause 2(m)(1)(B) of rule XI, clause 2(m)(3) of rule XI, and section 3(b) of this resolution shall not apply to the Select Committee, but the Select Committee may recommend subpoenas and depositions and submit such recommendations to the relevant standing committee. Any records obtained by a standing committee pursuant to a subpoena or deposition recommended by the Select Committee pursuant to this clause may be transferred to the Select Committee.
(iv)Clause 2(d) of rule X shall not apply to the Select Committee. (4)Amounts for initial expenses (A)Payment of expensesThere shall be paid out of the applicable accounts of the House of Representatives not more than $500,000 for the expenses of the Select Committee, to be available during the period beginning at noon on January 3, 2021, and ending on March 31, 2021.
(B)VouchersPayments under this paragraph shall be made on vouchers authorized by the Select Committee, signed by the chair of the Select Committee, and approved in the manner directed by the Committee on House Administration. (C)RegulationsAmounts made available under this paragraph shall be expended in accordance with regulations prescribed by the Committee on House Administration.
(5)Use of staffTo enable the Select Committee to carry out the purposes of this subsection, the Select Committee may use the services of staff of the House.  (6)ReportingThe Select Committee may report to the House or any committee of the House from time to time the results of its investigations and studies, together with such detailed findings and policy recommendations as it may deem advisable. All such reports shall be submitted to the House by December 31, 2022. All such policy recommendations shall be submitted to the relevant standing committees not later than December 31, 2021.
(7)PublicationThe Select Committee shall ensure that reports and proposals prepared in accordance with this subsection shall, upon completion, be made available to the general public in widely accessible formats not later than 30 calendar days following the respective dates for completion set forth in paragraph (6). 5.Orders of business (a) (1)On any legislative day during the period from January 3, 2021 through January 28, 2021—
(A)the Journal of the proceedings of the previous day shall be considered as approved; and (B)the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.
(2)The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by paragraph (1) as though under clause 8(a) of rule I. (3)Each day during the period addressed by paragraph (1) shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).
(4)Each day during the period addressed by paragraph (1) shall not constitute a legislative day for purposes of clause 7 of rule XIII. (5)Each day during the period addressed by paragraph (1) shall not constitute a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII.
(6)Each day during the period addressed by paragraph (1) shall not constitute a legislative day for purposes of clause 7 of rule XV. (b)It shall be in order at any time through the legislative day of January 28, 2021, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this subsection.
(c)The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of January 28, 2021.   Cheryl L. Johnson,Clerk.


114 HRES 437 IH: Designating September 2015 as “Pulmonary Fibrosis Awareness Month”.
U.S. House of Representatives
2015-09-24
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.

		IV
		114th CONGRESS
		1st Session
		H. RES. 437
		IN THE HOUSE OF REPRESENTATIVES

			September 24, 2015
			Mr. Paulsen (for himself and Mr. Cohen) submitted the following resolution; which was referred to the Committee on Energy and Commerce

		RESOLUTION
		Designating September 2015 as Pulmonary Fibrosis Awareness Month.

 Whereas pulmonary fibrosis is a debilitating and ultimately fatal condition that causes progressive scarring in the lungs and generally has no known definitive cause;
 Whereas, as many as 200,000 individuals in the United States are known to suffer from pulmonary fibrosis, the majority of whom are between the ages of 50 and 75;
 Whereas the average survival rate for the idiopathic form of pulmonary fibrosis is just 2.8 years and up to 80 percent of idiopathic pulmonary fibrosis patients die within 5 years of diagnosis;
 Whereas pulmonary fibrosis takes the lives of 40,000 individuals in the United States each year, approximately 1 death every 13 minutes;
 Whereas many patients with pulmonary fibrosis are misdiagnosed for 1 year or longer after the patients are presenting with pulmonary fibrosis symptoms;
 Whereas, as of September 2015, there are no biomarkers for screening and testing for pulmonary fibrosis;
 Whereas a cure or drug to extend life or improve symptoms of pulmonary fibrosis does not exist; Whereas the symptoms of pulmonary fibrosis vary from person to person and include shortness of breath, a dry cough, fatigue, weight loss, and aching muscles and joints;
 Whereas volunteers, researchers, caregivers, and medical professionals are working to improve the quality of life for individuals with pulmonary fibrosis and the families of those individuals;
 Whereas developing more effective treatments for pulmonary fibrosis and providing access to quality care to individuals with pulmonary fibrosis requires increased research, education, and community support services; and
 Whereas September 2015 would be an appropriate month to designate as Pulmonary Fibrosis Awareness Month: Now, therefore, be it   That the House of Representatives—
 (1)supports the designation of Pulmonary Fibrosis Awareness Month; (2)supports the goals and ideals of Pulmonary Fibrosis Awareness Month;
 (3)continues to support more robust and accelerated research to develop more effective treatments for pulmonary fibrosis and to ultimately find a cure for the disease;
 (4)recognizes the courage and contributions of individuals with pulmonary fibrosis who participate in vital clinical trials to advance the knowledge of the disease; and
 (5)commends the dedication of organizations, volunteers, researchers, and millions of individuals in the United States and abroad working to improve the quality of life for individuals with pulmonary fibrosis and the families of those individuals.


116 HR 4770 IH: CFTC Advisory Committee Improvement Act
U.S. House of Representatives
2019-10-21
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. 4770IN THE HOUSE OF REPRESENTATIVESOctober 21, 2019Mr. Baird (for himself and Mr. Harder of California) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo revise and improve the advisory committees of the Commodity Futures Trading Commission.

 1.Short titleThis Act may be cited as the CFTC Advisory Committee Improvement Act. 2.Advisory committee changesSection 2(a)(15) of the Commodity Exchange Act (7 U.S.C. 2(a)(15)) is amended to read as follows:

				(15)Advisory committees
					(A)Establishment
 (i)In generalThe Commission shall establish advisory committees to serve as vehicles for discussion and communication on matters related to the regulatory activities of the Commission.
 (ii)MembershipThe Commission shall appoint to an advisory committee such members as the Commission finds appropriate to promote robust discussion of the subject matter before the advisory committee. In appointing members to an advisory committee, the Commission shall seek to include a wide diversity of opinion and represent a broad cross-section of interests, as applicable to the subject matter.
 (B)ActivitiesThe activities of an advisory committee shall include the following: (i)To hold public meetings at such intervals as necessary to carry out the functions of the advisory committee.
 (ii)To submit to the Commission such reports and recommendations to the Commission (including minority views, if any) as the advisory committee deems appropriate; and
 (iii)To serve as a vehicle for discussion and communication on matters of concern to exchanges, firms, end-users, and regulators regarding the derivatives markets and their regulation by the Commission.
 (C)ReimbursementThe members of each advisory committee shall be entitled to per diem and travel expense reimbursement by the Commission.
 (D)Applicability of the Federal Advisory Committee ActAn advisory committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).. 3.Transition rulesNotwithstanding section 2(a)(15) of the Commodity Exchange Act, the Commodity Futures Trading Commission may permit an advisory committee that, as of the date of the enactment of this Act, had a charter established by the Commission, or that was established under such section as in effect before such date of enactment, to continue to operate in accordance with the charter or in accordance with such predecessor section, as the case may be, until the charter is renewed or the sponsor of the advisory committee is changed, whichever occurs earlier.


116 HR 8959 IH: Retirees Sustainable Investment Policies Act of 2020
U.S. House of Representatives
2020-12-14
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.

I116th CONGRESS2d SessionH. R. 8959IN THE HOUSE OF REPRESENTATIVESDecember 14, 2020Mr. Levin of Michigan (for himself, Mr. Brendan F. Boyle of Pennsylvania, Mrs. Axne, and Mr. García of Illinois) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Employee Retirement Income Security Act of 1974 to require retirement plans to establish Sustainable Investment Policies.1.Short titleThis Act may be cited as the Retirees Sustainable Investment Policies Act of 2020.2.FindingsThe Congress finds the following:(1)Fiduciaries for retirement plans should—(A)incorporate all relevant factors, including environmental, social, and governance (hereinafter in this Act referred to as ESG) factors, into investment analysis and decision-making processes, consistent with the investment time horizons of plan participants and beneficiaries;(B)encourage the adoption of best practices for ESG performance in the companies or other entities in which they invest;(C)consider plan participants’ and beneficiaries’ sustainability-related interests and preferences when making investment decisions;(D)consider the impact of plan investments on the stability and resilience of the financial system; and(E)disclose how they have implemented these commitments.(2)There is now incontrovertible evidence that ESG factors are financially material to investors and relevant to investment decisionmaking.3.PurposeThe purpose of this Act is to require retirement and welfare benefit plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), to adopt and implement policies in consideration of ESG factors when making investment decisions, because considering ESG factors is relevant to the fiduciary duty of prudence, as such factors help ensure investments’ long-term sustainability.4.Amendments to the Employee Retirement Income Security Act of 1974(a)Disclosure of sustainable investment policiesSection 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is amended in subsection (b), by inserting the sustainable investment policy of the plan (as established under section 402(b)(5)); after collective bargaining agreement;.(b)Establishment of sustainable investment policySection 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1102) is amended—(1)in subsection (b)—(A)in paragraph (3), by striking and;(B)in paragraph (4), by striking the period and insert , and; and(C)by inserting after paragraph (4) the following:(5)provide a sustainable investment policy of the plan in accordance with subparagraph (d) unless the plan elects to rely on the sustainable investment policies of the plan’s fiduciaries as defined by section 3(38); and(2)by adding after subsection (c) the following:(d)(1)A sustainable investment policy under subsection (b)(5) shall include guidelines with respect to—(A)corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, the independence of board chairs, political spending and lobbying disclosure;(B)characteristics of workforces employed by entities in which the plan invests, including compensation and benefits, health and safety, diversity and demographics, skills and training, retention and turnover, full-time and part-time employment, and the use of independent contractors;(C)labor and human rights compliance by entities in which the plan invests, including workers’ freedom of association, the right to collectively bargain, and the prevention of employment discrimination, child labor, and forced labor in company operations and supply chains;(D)the implementation, to the extent practicable, of practices which enhance diversity and inclusion performance within the workforce, senior leadership, business procurement, philanthropy, and/or board of directors; (E)environmental risks to the assets and properties of entities invested in by the plan and related disclosures, including—(i)climate risks and contributions;(ii)environmental risks that may not be related to climate, such as industrial pollution, habitat destruction, and other forms of environmental degradation;(iii)impact to species endangerment and extinction; and(iv)pollution of land, air, and water related to the operation of the entities invested in by the plan;(F)due diligence and practices regarding supply chain management, including environmental, human rights, and worker compensation considerations; and(G)tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure.(2)A plan subject to the requirements of section 402(d)(1) shall conduct a review of the sustainable investment policy under subsection (b)(5) on an annual basis.(3)Section 404(a) shall not be construed to prohibit a plan fiduciary from doing the following:(A)In choosing among investments with commensurate degrees of risk and rates of return, to select one or more such investments based on environmental, social, and governance considerations.(B)To monitor or dispose of a plan investment alternative based on considerations that include environmental, social, and governance considerations.(C)Vote proxies in accordance with the plan’s proxy voting guidelines..(c)Qualified investment alternativesSection 404(c)(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(5)) is amended by adding at the end the following:(5)A qualified default investment alternative (as defined in section 2550.404c–5(e) of title 29, Code of Federal Regulations, or a successor regulation) may include an investment alternative—(A)with an environmental, social, and governance investment mandate; or(B)that was selected, in part, on the basis of an environmental, social, and governance consideration..


115 S765 : Private Corrado Piccoli Purple Heart Preservation Act
U.S. Senate
2017-08-04
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.

IC
115th CONGRESS1st Session
S. 765
IN THE HOUSE OF REPRESENTATIVES

August 4, 2017
Referred to the Committee on the Judiciary

AN ACT
To amend title 18, United States Code, to provide for penalties for the sale of any Purple Heart awarded to a member of the Armed Forces.

1.Short titleThis Act may be cited as the Private Corrado Piccoli Purple Heart Preservation Act. 2.FindingsCongress finds the following:
(1)The Purple Heart medal solemnly recognizes the great and sometimes ultimate sacrifice of American servicemembers like Private Corrado Piccoli. (2)The Purple Heart medal holds a place of honor as the national symbol of this sacrifice and deserves special protections.
3.Penalty for sale of Purple Hearts awarded to members of the Armed ForcesSection 704 of title 18, United States Code, is amended— (1)in subsection (a), by striking Whoever and inserting Except as provided in subsection (e), whoever; and
(2)by adding at the end the following:  (e)Purple heart (1)PenaltyWhoever willfully purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any Purple Heart awarded to a member of the armed forces or former member of the armed forces by the Secretary of the military department concerned, except when authorized under regulations made pursuant to law, shall be fined under this title, imprisoned not more than 6 months, or both.
(2)Limitation on regulationsRegulations described in paragraph (1) may not authorize the sale of any Purple Heart awarded to a member of the armed forces or former member of the armed forces by the Secretary of the military department concerned, unless the sale is conducted by the member or former member to whom the Purple Heart was awarded. (3)DefinitionIn this subsection, the term willfully means the voluntary, intentional violation of a known legal duty..
Passed the Senate August 3, 2017.Julie E. Adams,Secretary