116 HR 6658 IH: Insular Area Medicaid Coronavirus Recovery Act
U.S. House of Representatives
2020-05-01
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. 6658IN THE HOUSE OF REPRESENTATIVESMay 1, 2020Mr. Sablan introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Families First Coronavirus Response Act to adjust the temporary increase in the Medicaid Federal medical assistance percentage provided for territories during the COVID–19 emergency period, and for other purposes.1.Short titleThis Act may be cited as the Insular Area Medicaid Coronavirus Recovery Act.2.Amendment to temporary increase in Medicaid FMAP provided during COVID–19 emergency period(a)In generalSubsection (a) of section 6008 of the Families First Coronavirus Response Act (Public Law 116–127) is amended to read as follows:(a)Temporary increase in Medicaid FMAP(1)50 States and District of ColumbiaSubject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) and ending on the last day of the calendar quarter in which the last day of such emergency period occurs, the Federal medical assistance percentage determined under section 1905(b) of such Act (42 U.S.C. 1396d(b)) for a State that is one of the 50 States or the District of Columbia shall be increased by 6.2 percentage points.(2)TerritoriesSubject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period described in paragraph (1) and ending on the later of the last day of the calendar quarter in which the last day of such emergency period occurs or September 30, 2021, the Federal medical assistance percentage determined under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for a State that is American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, or the United States Virgin Islands shall be 100 percent..(b)State definedSection 6008 of the Families First Coronavirus Response Act (Public Law 116–127) is amended by adding at the end the following new subsection:(e)State definedIn this section, the term State has the meaning given such term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of title XIX of such Act (42 U.S.C. 1396 et seq.)..(c)Conforming amendments(1)Section 6008 of the Families First Coronavirus Response Act (Public Law 116–127), as amended by subsection (b), is further amended—(A)in subsection (b)—(i)in the matter preceding paragraph (1), by striking A State described in subsection (a) may not receive the increase described in such subsection in the Federal medical assistance percentage for such State and inserting A State may not receive the increase to the Federal medical assistance percentage of the State described in subsection (a)(1) or the Federal medical assistance percentage described in subsection (a)(2), as applicable; and(ii)in paragraph (3), by striking described in subsection (a) and inserting described in subsection (a)(1); and(B)in subsection (d), by striking a State shall not be ineligible for the increase to the Federal medical assistance percentage of the State described in subsection (a) and inserting a State shall not be ineligible for the increase to the Federal medical assistance percentage of the State described in subsection (a)(1) or the Federal medical assistance percentage described in subsection (a)(2), as applicable,.(2)Section 1905(ff) of the Social Security Act (42 U.S.C. 1396d(ff)) is amended—(A)in paragraph (2), by inserting after subject to section 1108(g)(7)(C) the following: and section 6008(a)(2) of the Families First Coronavirus Response Act; and(B)in paragraph (3), by inserting after subject to section 1108(g)(8)(B) the following: and such section 6008(a)(2).(d)Effective dateThe amendments made by this section shall apply as if included in the enactment of the Families First Coronavirus Response Act (Public Law 116–127).


115 HR 2077 IH: Restoring the Patient’s Voice Act of 2017
U.S. House of Representatives
2017-04-06
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.

I115th CONGRESS1st SessionH. R. 2077IN THE HOUSE OF REPRESENTATIVESApril 6, 2017Mr. Wenstrup (for himself and Mr. Ruiz) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Employee Retirement Income Security Act of 1974 to require a group health plan (or
			 health insurance coverage offered in connection with such a plan) to
			 provide an exceptions process for any medication step therapy protocol,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Restoring the Patient’s Voice Act of 2017. 2.Required exceptions process for medication step therapy protocols (a)In generalThe Employee Retirement Income Security Act of 1974 is amended by inserting after section 715 of such Act (29 U.S.C. 1185d) the following new section:

					716.Required exceptions process for medication step therapy protocols
 (a)In generalIn the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or coverage shall—
 (1)implement a clear process for a participant or beneficiary (or the prescribing health care provider) to request an exception to such medication step therapy protocol; and
 (2)if such a request demonstrates through supporting documentation that any of the circumstances listed in subsection (b) exists, authorize coverage for the prescription drug without regard to such medication step therapy protocol.
 (b)Expedited approvalThe circumstances warranting an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following:
 (1)The treatment otherwise required under the protocol, or a drug or drugs in the same pharmacological class, are contraindicated or have been ineffective in the treatment of the disease or condition of the participant or beneficiary.
 (2)The treatment otherwise required under the protocol is reasonably expected to be ineffective based upon—
 (A)the known physical or mental characteristics of the participant or beneficiary, including medical history; and
 (B)the known characteristics of such treatment. (3)The treatment otherwise required under the protocol will cause or is likely to cause an adverse reaction or other physical harm to the participant or beneficiary.
 (4)The treatment otherwise required under the protocol is not in the best interest of the participant or beneficiary, based on medical necessity, because the participant or beneficiary’s use of such treatment is expected to decrease the participant or beneficiary’s ability—
 (A)to achieve or maintain reasonable and safe functional ability in performing daily activities or occupational responsibilities; or
 (B)to adhere to the treatment plan as defined by the prescribing health care provider. (5)The participant or beneficiary is stable for his or her disease or condition on the prescription drugs selected by the prescribing health care provider.
 (c)Clear processThe process required by subsection (a)(1) shall make information regarding such process readily available on the website of the group health plan, including—
 (1)the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and
 (2)any necessary forms and contact information. (d)Timing for granting exceptionThe process required by subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following:
 (1)Such a request shall be granted as quickly as the disease or condition of the participant or beneficiary requires, but no later than 3 days after the day of receipt of the request.
 (2)For circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life, health, or ability to regain maximum function of the participant or beneficiary, such a request shall be granted—
 (A)on an expedited basis; and (B)no later than 24 hours after receipt of such request.
 (e)Medication step therapy protocolIn this section, the term step therapy protocol means a protocol or program that establishes a specific sequence in which prescription drugs that— (1)are for a specified disease or condition, and
 (2)are medically necessary for a particular patient, are covered under a pharmacy or medical benefit by a group health plan or a health insurance issuer offering group or individual health insurance coverage.. (b)Technical correction; clerical changeThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 714 the following new items:

					Sec. 715. Additional market reforms.
					Sec. 716. Required exceptions process for medication step therapy protocols.
 (c)Effective dateThe amendment made by subsection (a) applies to plan years beginning no sooner than 6 months after the date of enactment of this Act.


113 HRES 689 IH: Supporting an end to the ethnic and politically fueled violence in South Sudan and the successful implementation of a transitional government.
U.S. House of Representatives
2014-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		2d Session
		H. RES. 689
		IN THE HOUSE OF REPRESENTATIVES

			July 25, 2014
			Ms. Lee of California (for herself, Mr. Hoyer, Mr. McCaul, Mr. Engel, Mr. Wolf, Mr. Capuano, and Ms. Bass) submitted the following resolution; which was referred to the Committee on Foreign Affairs

		RESOLUTION
		Supporting an end to the ethnic and politically fueled violence in South Sudan and the successful
			 implementation of a transitional government.

		Whereas the United States played a key role in brokering the 2005 Comprehensive Peace Agreement
			 that ended the civil war of nearly 40 years, and resulted in South Sudan’s
			 decision by referendum in January 2011 to secede from Sudan;
		Whereas emerging as the world’s newest country on July 9, 2011, South Sudan possessed considerable
			 energy resources but had almost no infrastructure or civilian governmental
			 institutions and was challenged by 300,000 internally displaced people,
			 half its population struggling below the poverty line, and a GDP per
			 capita of $1,000, according to the World Bank;
		Whereas, on December 15, 2013, growing political tensions between South Sudanese President Salva
			 Kiir of the Dinka ethnic group and Vice President Riek Machar of the Nuer
			 ethnic group erupted in violence in the capital of Juba and spread to
			 other parts of the country, particularly the eastern state of Jonglei and
			 the oil-producing states of Unity and Upper Nile;
		Whereas what began as a political power struggle became a widespread ethnic battle that tore apart
			 the Sudan People’s Liberation Movement as well as the cabinet and
			 threatened ethnic violence across the country;
		Whereas President Kiir and former Vice President Machar have signed three separate peace
			 agreements, including one on June 10, 2014, to form a transitional
			 government within 60 days;
		Whereas according to the United Nations, since mid-December 2013, thousands of South Sudanese have
			 been killed including those targeted for their ethnicity, 1,500,000 people
			 have been displaced, 7,000,000 people risk hunger and disease,
			 approximately 4,000,000 people face severe food insecurity, and 50,000
			 children could die from malnutrition if aid agencies’ assistance and
			 access does not increase;
		Whereas in December 2013, the Intergovernmental Authority on Development (IGAD) dispatched a
			 ministerial delegation, consisting of Ministers and high level officials
			 from Ethiopia, Djibouti, Kenya, Somalia, Sudan, and Uganda and the African
			 Union Commissioner for Peace and Security, to Juba to help diffuse the
			 tension in South Sudan and mediate a peaceful political settlement, and in
			 early June 2014, initiated peace talks in Addis Ababa that included civil
			 society organizations, religious groups, political parties, and formerly
			 detained political leaders in a multi-stakeholders symposium;
		Whereas the United States has been the largest bilateral foreign aid donor to South Sudan,
			 obligating more than $268,000,000 in humanitarian assistance in fiscal
			 year 2013 and $394,000,000 in fiscal year 2014 to date; and
		Whereas Ambassador Susan Page re-declared a disaster in South Sudan in October 2013, and the U.S.
			 Agency for International Development (USAID) has stated that insecurity,
			 landmines, and limited transportation and communication infrastructure
			 have restricted humanitarian activities across South Sudan, hindering the
			 delivery of critical assistance to populations in need: Now, therefore, be
			 it

		That the House of Representatives—
			(1)expresses its strong support for the people of South Sudan and the region;
			(2)condemns the targeted attacks on civilians, often along ethnic lines and in hospital or school
			 settings, and on civilian humanitarian assistance workers, and insists
			 that all armed groups cease all violence against civilians in compliance
			 with international law;
			(3)stresses the need for unfettered access throughout South Sudan for humanitarian aid;
			(4)urges the President to work with the international community to provide technical support to the
			 African Union Commission of Inquiry into grave human rights abuses and to
			 consider the creation of a mixed or hybrid tribunal to ensure those
			 responsible for civilian attacks and grave human rights abuses are held
			 accountable;
			(5)emphasizes the need for the Government of South Sudan and the Sudan People's Liberation Movement in
			 Opposition to implement in good faith the cessation of hostilities
			 agreement signed January 23, 2014;
			(6)encourages the Government of South Sudan to implement in good faith the agreement from June 10,
			 2014, to create a transitional government within 60 days and engage in
			 meaningful dialogue with rebel forces, women, and civil society
			 representatives;
			(7)urges the President to sustain high-level engagement and apply continued pressure on both the
			 Government of South Sudan and rebel forces; and
			(8)strongly supports efforts by the Intergovernmental Authority on Development to mediate the conflict
			 and monitor violations of the cessation of hostilities agreement and
			 leverage their influence to find a sustainable resolution to the current
			 conflict.


115 HR 1521 IH: Debt Collection Practices Harmonization Act
U.S. House of Representatives
2017-03-13
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.

I115th CONGRESS1st SessionH. R. 1521IN THE HOUSE OF REPRESENTATIVESMarch 13, 2017Mr. Meeks introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Fair Debt Collection Practices Act to extend the provisions of that Act to cover a
			 debt collector who is collecting debt owed to a State or local government,
			 to index award amounts under such Act for inflation, to provide for civil
			 injunctive relief for violations of such Act, and for other purposes.

 1.Short titleThis Act may be cited as the Debt Collection Practices Harmonization Act. 2.Preventing deceptive and harassing practices when collecting debt owed to a State or local governmentSection 803(5) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(5)) is amended—
 (1)by striking money arising out and inserting the following:  money—(A)arising out; (2)by striking judgment. and inserting judgment; or; and
 (3)by adding at the end the following:  (B)owed to a State..
			3.Award of damages
			(a)Additional damages indexed for inflation
 (1)In generalSection 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following:

						(f)Adjustment for inflation
 (1)Initial adjustmentNot later than 90 days after the date of the enactment of this subsection, the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which—
 (A)the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the date on which the percentage increase is provided, exceeds
 (B)the Consumer Price Index for the 12-month period preceding January 1, 1978. (2)Annual adjustmentsWith respect to any fiscal year beginning after the date of the increase provided under paragraph (1), the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which—
 (A)the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds
 (B)the Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A)..
 (2)ApplicabilityThe increases made under section 813(f) of the Fair Debt Collection Practices Act, as added by paragraph (1) of this subsection, shall apply with respect to failures to comply with a provision of such Act (15 U.S.C. 1601 et seq.) occurring on or after the date of enactment of this Act.
 (b)Injunctive reliefSection 813(d) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the following: In a civil action alleging a violation of this title, the court may award appropriate relief, including injunctive relief..
 4.Prohibition on the referral of emergency individual assistance debtChapter 3 of title 31, United States Code, is amended— (1)in subchapter II, by adding at the end the following:

 334.Prohibition on the referral of emergency individual assistance debtWith respect to any assistance provided by the Federal Emergency Management Agency to an individual or household pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 et seq.), if the Secretary of the Treasury seeks to recoup any amount of such assistance because of an overpayment, the Secretary may not contract with any debt collector or other private party to collect such amounts.; and
 (2)in the table of contents for such chapter, by inserting after the item relating to section 333 the following:

						334. Prohibition on the referral of emergency individual assistance debt..


114 HR 5903 IH: Transition to Independence Act of 2016
U.S. House of Representatives
2016-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 5903IN THE HOUSE OF REPRESENTATIVESJuly 14, 2016Mr. Van Hollen (for himself, Mrs. McMorris Rodgers, Mr. Foster, Mr. Crenshaw, Mr. Langevin, Mr. Sessions, and Mr. Beyer) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo establish the Transition to Independence demonstration program.

 1.Short titleThis Act may be cited as the Transition to Independence Act of 2016. 2.Transition to Independence Demonstration Program (a)EstablishmentThe Secretary shall establish a demonstration program under which a State that is a Medicaid Buy-In State and meets certain criteria may receive bonus payments for meeting specific measurable benchmarks in expanding individual integrated employment and reducing subminimum wage work, congregate setting work, or facility-based day habilitation placements for working-age individuals with a disability receiving Medicaid-funded home or community-based services and for taking other actions conducive to expanding employment opportunities for individuals with disabilities within the State.
			(b)Requirements for the Transition to Independence demonstration program
 (1)Minimum standardsThe Secretary shall establish minimum standards for Medicaid Buy-In States participating in the demonstration program to comply with in establishing eligibility requirements for individual participants, benefits, and administrative requirements for the Transition to Independence Medicaid Buy-In Option offered under the demonstration program.
 (2)Preference given to certain States for demonstration participationThe Secretary shall give preference in selecting States to participate in the demonstration program to States that have Medicaid Buy-In programs that—
 (A)establish an assets or resources test for participation by an individual in the Medicaid Buy-In Option that is not less than $20,000;
 (B)establish an income requirement for participation by an individual in the Medicaid Buy-In Option that is at least up to 400 percent of the poverty line;
 (C)offer home and community-based services, including employment-based services and supports, in the Medicaid Buy In Option; and
 (D)establish such other requirements for an individual's participation in the Medicaid Buy-In Option as the Secretary shall specify.
 (3)Work incentives coordinatorThe minimum standards shall require a Medicaid Buy-In State participating in the demonstration program to provide work incentives coordinators who have been trained as work incentive specialists under a community-based work incentives planning and assistance program established under section 1149 of the Social Security Act (42 U.S.C. 1320b–20) to assist the individuals who elect to participate in the Medicaid Buy-In Option in order to ensure the individuals are provided with appropriate items and services.
				(c)Application and selection requirements
 (1)In generalNot later than June 30, 2017, the Secretary shall solicit applications from Medicaid Buy-In States and select 15 Medicaid Buy-In States to participate in the demonstration program.
 (2)Application requirementsAn application to participate in the demonstration program shall include the following: (A)Data and information regarding the numbers of working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services in the Medicaid Buy-In State who are in individual integrated employment, subminimum wage work, congregate setting work, or facility-based day habilitation or day treatment, respectively.
 (B)Data and information verifying that the Medicaid Buy-In State is prepared to meet the minimum standards established by the Secretary for the Medicaid Buy-In Option.
 (C)A plan for promoting the Medicaid Buy-In Option to potentially eligible individuals that includes— (i)clear and easy-to-understand, multi-media information on how to enroll in the Medicaid Buy-In Option on the Web sites for the Medicaid Buy-In State's Medicaid and Disability Determination Services Agencies; and
 (ii)a no-wrong door policy under which individuals who apply for a determination of eligibility for the Medicaid Buy-In Option are also determined if they are eligible for an applicable State health subsidy program in accordance with section 1413 of the Patient Protection and Affordable Care Act (42 U.S.C. 18083) (including the State Medicaid program under another eligibility pathway), informed of the results of such determinations and, depending on their eligibility, provided with the option to voluntarily elect to participate in the Medicaid Buy-In Option or an applicable State health subsidy program.
						(D)
 (i)An assurance that the State will establish and build capacity for an eligibility process to make eligibility determinations for the Medicaid Buy-In program. Such process shall provide for a determination of eligibility not later than 90 days after the date that an application to participate in the program is filed, including for individuals who are not receiving disability insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) or supplemental security income benefits under title XVI of such Act (42 U.S.C. 1381 et seq.).
 (ii)A description of the eligibility criteria the State will use, the process it will use to determine eligibility, for individuals who do not qualify for such title II or SSI benefits and the staff who will be responsible for making those determinations. This eligibility process shall not use the disability determination process used by the Social Security Administration for such title II and SSI benefits.
 (E)Verification that the Medicaid Buy-In State shall establish a Stakeholder Advisory Committee that meets the requirements of paragraph (3) and shall consult with and consider recommendations of the Committee while conducting the demonstration program.
 (F)A description of the person-centered planning process that the State intends to use for participants in the demonstration program.
 (G)Such other information as the Secretary may require relating to the demonstration program. (3)Stakeholder Advisory Committee requirements (A)MembershipIn establishing the Stakeholder Advisory Committee required for the demonstration program, the Medicaid Buy-In State shall ensure that—
 (i)at least 50 percent of the members of the Stakeholder Advisory Committee are individuals with disabilities; and
 (ii)at least 1 member of the Committee is a provider of services to individuals with disabilities. (B)DutiesThe Stakeholder Advisory Committee shall—
 (i)analyze outcomes data and other information related to the conduct of the demonstration program; and
 (ii)regularly submit recommendations, including for specific actions by the Medicaid Buy-In State participating in the demonstration program, that the Committee determines appropriate with respect to the conduct of the demonstration program by the State.
 (d)Requirement for selecting StatesIn selecting Medicaid Buy-In States to participate in the demonstration program, the Secretary shall ensure that the Medicaid Buy-In States selected include Medicaid Buy-In States with low, medium, and high numbers of working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services and are in individual integrated employment, subminimum wage work, congregate setting work, or facility-based day habilitation or day treatment, respectively.
 (e)Length of demonstration programThe demonstration program shall be conducted for a period of 5 fiscal years, beginning with fiscal year 2018.
			(f)Performance bonus payments
 (1)In generalFor each fiscal year in which the demonstration program is conducted, a Medicaid Buy-In State participating in the demonstration program during that fiscal year may qualify for a performance bonus payment.
 (2)State-specified criteria and performance plansIn order to participate in the demonstration program, a Medicaid Buy-In State shall submit criteria and a plan for achieving each of the mandatory benchmarks described in paragraph (3) and a selection of the additional benchmarks described in paragraph (4) as determined by the Secretary. The Secretary shall establish a methodology for assessing State performance with respect to the State-specified criteria for the mandatory and additional benchmarks.
 (3)Mandatory benchmarksThe mandatory benchmarks described in this paragraph are the following: (A)Reduced participation in segregated programs and increased participation in individual integrated employment (i)Reduced population census of segregated programs (I)In generalAchieving a reduction in the population in the State of working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services or who are receiving services through an Intermediate Care Facility for Persons with Developmental Disabilities (ICF–DD), a nursing facility, an institution for individuals with mental illness, or other congregate facilities and are in subminimum wage work, congregate setting work, or facility-based day habilitation or day treatment.
 (II)Minimum percent reductions; bonus based on achievement of differing tiersIn order to receive a bonus payment for a fiscal year under this clause, a Medicaid Buy-In State shall achieve a reduction of the population described in subclause (I) of at least 10 percent below the State's most recent prior fiscal year's census of the eligible population in subminimum wage work, congregate setting work, or facility based day habilitation or day treatment. Subject to paragraph (5)(B), the Secretary shall award an increased bonus payment for a fiscal year to a Medicaid Buy-In State that achieves a percentage reduction of 20, 30, 40 or more with respect to the prior fiscal year's census of such population.
 (III)Requirements for meeting benchmarkA working-age individual with a disability shall be deemed as counting towards a percentage reduction for purposes of this clause if the individual is—
 (aa)employed in a competitive, integrated employment setting for at least 10 hours a week on average over a 120-day period during the year involved;
 (bb)receiving integrated day services that reach the level of care required in the individual’s person-centered plan; or
 (cc)a combination of items (aa) and (bb), enabling the individual to achieve, if desired, a comparable level of benefit as before the change in placement. The State must report aggregate data to the Secretary on the outcome of all individuals transitioning out of congregate settings being counted towards fulfillment of this benchmark.(ii)Increased population census of individual integrated employment (I)In generalAchieving an increase in the population in the State of working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services and are in individual integrated employment.
 (II)Minimum percent increases; bonus based on achievement of certain tiersIn order to receive a bonus payment for a fiscal year under this clause, a Medicaid Buy-In State shall achieve an increase in the population described in subclause (I) of at least 10 percent above the State's most recent prior fiscal year's census of the eligible population in individual integrated employment. Subject to paragraph (5)(B), the Secretary shall award an increased bonus payment for a fiscal year to a Medicaid Buy-In State that achieves a percentage increase of 20, 30, 40 or more with respect to the prior fiscal year's census of such population.
 (III)Requirements for meeting benchmarkA working-age individual with a disability shall be deemed as counting towards a percentage increase for purposes of this clause if the individual is employed in an integrated individual employment setting for at least 10 hours a week on average over a 120-day period during the fiscal year involved.
 (B)Meeting the Medicaid buy-in standardsMeeting the minimum standards established by the Secretary for the Medicaid Buy-In Option. (4)Additional benchmarksThe additional benchmarks described in this paragraph are the following:
 (A)Elimination of new placement approvalsEliminating new approvals for placement in the State of working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services in subminimum wage work, congregate setting work, or facility-based day habilitation or day treatment, in accordance with criteria established by the Secretary.
 (B)Demonstration of inter-agency collaborationDemonstrating inter-agency collaboration between the State agencies responsible for administering Medicaid, vocational rehabilitation, and education (and, if the State is participating the Promoting Readiness of Minors in Supplemental Security Income initiative (PROMISE), including coordination with that initiative), in determining payer of last resort rules and rules for providing individuals with a seamless transition of services provided under such agencies, in accordance with criteria established by the Secretary.
 (C)Termination of vocational rehabilitation fundingEnding the use of vocational rehabilitation funding for subminimum wage work, congregate setting work, or facility-based day habilitation or day treatment, in accordance with criteria established by the Secretary.
 (D)Workforce developmentDemonstrating in accordance with criteria established by the Secretary satisfaction of at least two of the following strategies to promote workforce development:
 (i)Increasing Medicaid payments for supported employment providers for individuals with disabilities by an amount necessary to ensure an adequately supported employment network, as determined by the Secretary.
 (ii)Adopting employment strategies that result in working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services being recruited, hired, and retained as full-time employees of State government or by contractors of State government.
 (iii)Developing a State equivalent of section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793) to recruit, hire, promote, and retain working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services with a utilization goal of at least 7 percent of the State government workforce.
 (iv)Developing a special hiring authority mechanism akin to the Schedule A appointing authority under section 213.3102(u) of title 5 of the Code of Federal Regulations (commonly referred to as the Schedule A Hiring Authority) to assist in easing the hiring of working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services within the State government with an accompanying plan submitted to the Secretary outlining targeted implementation goals for the amount of individuals with disabilities within State government.
 (v)Increasing the hiring of working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services in employment for which the individual is compensated at or above the minimum wage, through collaboration with the State vocational rehabilitation and workforce development programs and Federal contractors.
 (vi)Providing State tax credits to employers for hiring new workers who are working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services.
						(5)Payment to states
 (A)In generalSubject to the succeeding provisions of this paragraph, the Secretary shall make a performance bonus payment to each Medicaid Buy-In State participating in the demonstration program that qualifies for such a payment with respect to a fiscal year as a single payment not later than the last day of the first calendar quarter of the fiscal year following the fiscal year to which the performance bonus payments applies. Payments to States made under this paragraph shall be considered to have been made under, and are subject to the requirements of, section 1903 of the Social Security Act (42 U.S.C. 1396b).
 (B)Determination of paymentThe performance bonus payment for a Medicaid Buy-In State shall consist of the additional amount that the State would have been paid for providing medical assistance to individuals enrolled in the State’s Medicaid Buy-In Option during the preceding fiscal year if the regular FMAP applicable to such assistance were increased (subject to subparagraph (C)) as follows:
 (i)Two percentage points for achieving the minimum 10 percent reduction in the mandatory benchmark described in paragraph (3)(A) during the preceding fiscal year (or 2.4 percentage points for achieving a reduction of at least 20 percent (but not more than 30 percent), 2.6 percentage points for achieving a reduction of at least 30 percent (but not more than 40 percent), and 2.8 percentage points for achieving a reduction of at least 40 percent).
 (ii)Two percentage points for achieving the minimum 10 percent increase in the mandatory benchmark described in paragraph (3)(B) during the preceding fiscal year (or 2.4 percentage points for achieving an increase of at least 20 percent (but not more than 30 percent), 2.6 percentage points for achieving an increase of at least 30 percent (but not more than 40 percent), and 2.8 percentage points for achieving an increase of at least 40 percent).
 (iii)One-half percentage points for each additional benchmark described in paragraph (4) that the State achieves during the preceding fiscal year.
 (C)LimitationsIn no case may— (i)the increase in the regular FMAP resulting from the application of subparagraph (B) for any Medicaid Buy-In State exceed 100 percent of the costs for providing medical assistance to individuals enrolled in the Medicaid Buy-In Option with respect to each fiscal year of the 5-fiscal-year period in which the demonstration project is conducted; or
 (ii)payments be made to a Medicaid Buy-In State under this paragraph after December 31, 2021. (D)Use of paymentsA Medicaid Buy-In State receiving a performance bonus payment under this paragraph shall use the payment only to expand individual integrated employment and community integration for working-age individuals with disabilities who are receiving Medicaid-funded home or community-based services.
					(g)Reports; recommendations
				(1)Annual State reports
 (A)In generalEach Medicaid Buy-In State participating in the demonstration program annually shall submit a detailed report to the Secretary regarding the State's conduct of the demonstration program.
 (B)Information to be includedSuch annual reports shall include, in addition to data and information regarding State performance with respect the mandatory and additional benchmarks described in paragraphs (3) and (4) of subsection (f) and such other information as the Secretary may require, data and information regarding the extent to which, since the start of the demonstration program—
 (i)the State has reduced the State population of individuals with disabilities who have attained age 18 but have not attained age 31, are receiving Medicaid-funded home or community-based services or services through an Intermediate Care Facility for Persons with Developmental Disabilities (ICF–DD), a nursing facility, an institution for individuals with mental illness, or other congregate facilities, and were in subminimum wage work, congregate setting work, or facility-based day habilitation or day treatment; and
 (ii)the State has increased the State population of individuals with disabilities who have attained age 18 but have not attained age 31, are receiving Medicaid-funded home or community-based services, and are engaged in individual integrated employment.
 (C)Additional information on transitioning individuals to integrated employmentEach such annual report shall include information regarding— (i)the State's efforts to transition individuals with disabilities who are participating in the demonstration program to individual integrated employment during the preceding fiscal year;
 (ii)the full spectrum of employment outcomes for such individuals; (iii)best practices for successfully achieving such transitions; and
 (iv)lessons learned. (D)Promoting public participationTo promote transparency with respect to such annual reports, each Medicaid Buy-In State shall—
 (i)provide, before submission of each such report— (I)for posting of a draft of the report for review by the public on a publicly accessible Web site of the State;
 (II)for providing a period of not less than 30 days for the receipt of public comments on the draft report; and
 (III)for at least two public hearings regarding the draft report; and (ii)include in the report so submitted a response to public comments received during such period (along with a description of whether changes have been made in the report in response to such comments).
						With respect to each such State report submitted, the Secretary, at the Federal level, shall
			 provide for another 30-day public comment period to receive comments on
 such report.(E)Posting of reports on publicly accessible Web siteThe Secretary shall post each of the annual reports submitted under this paragraph, with a summary of the comments received under subparagraph (D), on a publicly accessible Web site.
					(2)Reports and recommendations to Congress
 (A)In generalNot later than January 1, 2018, and January 1 of each of the 6 years thereafter, the Secretary shall submit to Congress a report on the demonstration program. Each such report shall include data and information regarding State performance with respect to each of the mandatory and additional benchmarks described in paragraphs (3) and (4) of subsection (f) and other data and information reported by States under paragraph (1) and an assessment of the extent to which the demonstration program is successful in transitioning working-age individuals with disabilities to independent living and work in their communities.
 (B)RecommendationsNot later than December 31, 2019, the Secretary shall submit to Congress recommendations regarding whether the demonstration program should be continued, expanded, modified, or terminated.
					(3)Research and evaluation
 (A)In generalThe Secretary, acting through the Administration on Community Living, directly or through grant or contract, shall provide for research on, and a national evaluation of, the demonstration program, including assistance to the Secretary in preparing the final report required under subparagraph (C).
 (B)Contents of evaluationSuch national evaluation shall include an analysis of the characteristics and outcomes of the individuals participating in the demonstration program and the best practices developed to achieve the goals of the demonstration program.
 (C)Final reportNot later than June 30, 2020, the Secretary shall submit to the President and Congress a final report that reflects the evaluation under subparagraph (A), that provides findings and conclusions on the conduct and effectiveness of demonstration program, and that includes a summary of the public comments received under paragraph (1)(D).
 (h)DefinitionsIn this section: (1)Congregate setting workThe term congregate setting work means a nonprofit, for-profit, or State agency entity that employs a majority of individuals with disabilities and receives Medicaid or other State funds for the purpose of providing employment services, or a facility or sub-unit of any such agency that meets such criteria.
 (2)Demonstration programThe term demonstration program means the Transition to Independence Demonstration Program established under this section. (3)Facility-based day habilitation or day treatmentThe term facility-based day habilitation or day treatment has the meaning established by the Secretary for that term for purposes of the demonstration program and shall include non-residential day services which take place predominantly or in large part at a single site, fixed site, or center-based program for individuals with disabilities. In establishing the meaning of such term, the Secretary shall provide clear instructions distinguishing facility-based day habilitation or day treatment from integrated day habilitation or day treatment programs taking place in settings within the broader community and which do not isolate individuals participating in such integrated day habilitation or day treatment programs from mainstream life.
				(4)Individual integrated employment
 (A)In generalThe term individual integrated employment means the ongoing supports to an individual who, because of the individual's disabilities, needs intensive on-going supports to obtain and maintain an individual job in competitive or customized employment, self-employment, or in an integrated working setting in the general workforce for which the individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by an individual without a disability.
 (B)Customized employment services includedSuch term includes customized employment services in which an individual receives support to craft a job description around their strengths and challenges.
 (C)ExclusionsSuch term does not include segregated enclaves, segregated mobile work crews, or other employment scenarios where an individual is placed solely based on the individual’s disability. In this subparagraph, the term segregated means, with respect to a setting or work crew, a setting or work crew in which individuals with disabilities are separated (in place or in rates of pay) from individuals without disabilities.
 (5)Integrated day habilitation servicesThe term integrated day habilitation services means services that are provided outside of disability specific programs or facilities, in a setting that supports the full access of individuals with disabilities to the greater community to the same degree as individuals not receiving services, and consistent with the following:
 (A)Each individual receiving such services has an individually tailored schedule that is directly related to and reflects the individual’s specific interests and goals.
 (B)Activities take place on an individual basis or in small groups of individuals who choose to be served together.
 (C)The majority of time spent receiving such services takes place within the broader community rather than within a single-site, fixed site, or center-based program for individuals with disabilities, regardless of the program size.
 (D)The services are provided consistent with the requirements of section 441.710 of title 42, Code of Federal Regulations.
 (6)MedicaidThe term Medicaid means the program for medical assistance established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
 (7)Medicaid Buy-In StateThe term Medicaid Buy-In State means a State that, under subclause (XIII), (XV), or (XVI) of section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)), a waiver approved under section 1115 or 1915 of such Act (42 U.S.C. 1315, 1396n), or other authority, has a program under which individuals with disabilities with earnings and assets that would otherwise make them ineligible for medical assistance under the State's Medicaid program are able to maintain their eligibility for such assistance.
 (8)Nursing facilityThe term nursing facility has the meaning given that term in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)).
 (9)Poverty lineThe term poverty line has the meaning given that term in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)).
 (10)Regular FMAPThe term regular FMAP means the Federal medical assistance percentage applicable to the State (as determined under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b))) without regard to any increases in that percentage applicable under subsections (y), (z), (aa), or (dd) of section 1905 of such Act or under any other provision of law.
 (11)SecretaryThe term Secretary means the Secretary of Health and Human Services. (12)Subminimum wage workThe term subminimum wage work means any setting in which individuals with disabilities are paid less than minimum wage under a certificate issued in accordance with section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)).
 (13)Supported employmentThe term supported employment has the meaning given that term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). (14)StateThe term State has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
 (15)Title ii disability beneficiaryThe term title II disability beneficiary means an individual entitled to disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423) or to monthly insurance benefits under section 202 of such Act (42 U.S.C. 402) based on such individual's disability (as defined in section 223(d) of such Act (42 U.S.C. 423(d))).
 (16)Title xvi disability beneficiaryThe term title XVI disability beneficiary means an individual eligible for supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) on the basis of blindness (within the meaning of section 1614(a)(2) of such Act (42 U.S.C. 1382c(a)(2))) or disability (within the meaning of section 1614(a)(3) of such Act (42 U.S.C. 1382c(a)(3))).
 (17)Working-age individual with a disability receiving Medicaid-funded home or community-based servicesThe term working-age individual with a disability receiving Medicaid-funded home or community-based services means a title II disability beneficiary or a title XVI disability beneficiary who has attained age 18, but has not attained age 65, and is receiving home or community-based services—
 (A)under a waiver approved under subsection (c) or (d) of section 1915 the Social Security Act (42 U.S.C. 1396n);
 (B)under the State Medicaid plan in accordance with subsection (i), (j), or (k) of such section; or (C)under a Medicaid waiver approved under section 1115 of the Social Security Act (42 U.S.C. 1315).


116 HR 5432 IH: Medical Education for a Diverse America Act
U.S. House of Representatives
2019-12-13
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. 5432IN THE HOUSE OF REPRESENTATIVESDecember 13, 2019Ms. Mucarsel-Powell (for herself and Ms. Porter) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 amend title XVIII of the Social Security Act to count toward the determination of full time
			 equivalency for graduate medical education under the Medicare program time
			 spent in an approved medical residency training program for training in
			 culturally and linguistically appropriate care.

 1.Short titleThis Act may be cited as the Medical Education for a Diverse America Act. 2.Training tomorrow’s doctors for culturally and linguistically appropriate care: graduate medical education (a)Direct GMESection 1886(h)(4) of the Social Security Act (42 U.S.C. 22 1395ww(h)(4)) is amended by adding at the end the following new subparagraph :

 (L)Treatment of cultural competency trainingIn determining a hospital’s number of full-time equivalent residents for purposes of this subsection, all the time that is spent by an intern or resident in an approved medical residency training program for education and training in cultural competency and linguistically appropriate service delivery shall be counted toward the determination of full time equivalency..
 (b)Indirect medical educationSection 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended— (1)by redesignating the clause (x) added by section 5505(b) of the Patient Protection and Affordable Care Act as clause (xi); and
 (2)by adding at the end the following new clause:  (xii)The provisions of subparagraph (L) of subsection (h)(4) shall apply under this subparagraph in the same manner as they apply under such subsection..
 (c)Effective dateThe amendments made by subsections (a) and (b) shall apply with respect to payments made to hospitals on or after the date that is one year after the date of the enactment of this Act.


115 HRES 799 IH: Recognizing March 31 as “César Chávez Day” in honor of the accomplishments and legacy of César Estrada Chávez.
U.S. House of Representatives
2018-03-22
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.

IV115th CONGRESS2d SessionH. RES. 799IN THE HOUSE OF REPRESENTATIVESMarch 22, 2018Mr. Cárdenas (for himself, Ms. Barragán, Mr. Capuano, Mr. Carbajal, Mr. Carson of Indiana, Mr. Castro of Texas, Mr. Correa, Mr. Cuellar, Mrs. Davis of California, Mrs. Dingell, Mr. Doggett, Mr. Espaillat, Mr. Evans, Mr. Gallego, Mr. Gomez, Mr. Gonzalez of Texas, Mr. Gene Green of Texas, Mr. Grijalva, Mr. Gutiérrez, Mr. Huffman, Ms. Jayapal, Ms. Kaptur, Mr. Kihuen, Mr. Lewis of Georgia, Ms. Michelle Lujan Grisham of New Mexico, Mr. Ben Ray Luján of New Mexico, Ms. Matsui, Ms. Moore, Mrs. Napolitano, Ms. Norton, Mr. Pallone, Mr. Pascrell, Mr. Raskin, Ms. Roybal-Allard, Ms. Rosen, Mr. Ruiz, Mr. Sablan, Ms. Sánchez, Ms. Schakowsky, Mr. Serrano, Mr. Sherman, Mr. Sires, Mr. Soto, Ms. Speier, Mr. Takano, Ms. Titus, Mr. Vargas, Ms. Velázquez, Mrs. Watson Coleman, Mr. Foster, Mr. Vela, Mr. Al Green of Texas, Mrs. Torres, Ms. Brownley of California, Mr. Aguilar, Mr. Costa, Mr. Smith of Washington, Mr. Ted Lieu of California, Ms. Lee, Mr. Ellison, Mr. Peters, and Ms. Gabbard) submitted the following resolution; which was referred to the Committee on Oversight and Government ReformRESOLUTIONRecognizing March 31 as César Chávez Day in honor of the accomplishments and legacy of César Estrada Chávez.

 Whereas César Estrada Chávez was born on March 31, 1927, near Yuma, Arizona; Whereas César Estrada Chávez spent his early years on a family farm;
 Whereas, at the age of 10, César Estrada Chávez joined the thousands of migrant farm workers laboring in fields and vineyards throughout the Southwest after a bank foreclosure resulted in the loss of the family farm;
 Whereas César Estrada Chávez, after attending more than 30 elementary and middle schools and achieving an eighth grade education, left school to work full-time as a farm worker to help support his family;
 Whereas, at the age of 17, César Estrada Chávez entered the United States Navy and served the United States with distinction for 2 years;
 Whereas, in 1948, César Estrada Chávez returned from military service to marry Helen Fabela, whom he had met while working in the vineyards of central California;
 Whereas César Estrada Chávez and Helen Fabela had 8 children; Whereas, as early as 1949, César Estrada Chávez was committed to organizing farm workers to campaign for safe and fair working conditions, reasonable wages, livable housing, and the outlawing of child labor;
 Whereas, in 1952, César Estrada Chávez joined the Community Service Organization, a prominent Latino civil rights group, and worked with the organization to coordinate voter registration drives and conduct campaigns against discrimination in east Los Angeles;
 Whereas César Estrada Chávez served as the national director of the Community Service Organization; Whereas, in 1962, César Estrada Chávez left the Community Service Organization to found the National Farm Workers Association, which eventually became the United Farm Workers of America;
 Whereas César Estrada Chávez was a strong believer in the principles of nonviolence practiced by Mahatma Gandhi and Dr. Martin Luther King, Jr.;
 Whereas César Estrada Chávez effectively used peaceful tactics that included fasting for 25 days in 1968, 25 days in 1972, and 38 days in 1988, to call attention to the terrible working and living conditions of farm workers in the United States;
 Whereas, under the leadership of César Estrada Chávez, the United Farm Workers of America organized thousands of migrant farm workers to fight for fair wages, health care coverage, pension benefits, livable housing, and respect;
 Whereas his union’s efforts brought about the passage of the landmark 1975 California Agricultural Labor Relations Act, which sought justice and guaranteed certain protections for farm workers;
 Whereas, through his commitment to nonviolence, César Estrada Chávez brought dignity and respect to the organized farm workers and became an inspiration to and a resource for individuals engaged in human rights struggles throughout the world;
 Whereas the influence of César Estrada Chávez extends far beyond agriculture and provides inspiration for those working to better human rights, empower workers, and advance the American Dream, which includes all inhabitants of the United States;
 Whereas César Estrada Chávez died on April 23, 1993, at the age of 66 in San Luis, Arizona, only miles from his birthplace;
 Whereas more than 50,000 people attended the funeral services of César Estrada Chávez in Delano, California;
 Whereas César Estrada Chávez was laid to rest at the headquarters of the United Farm Workers of America, known as Nuestra Señora de La Paz, located in the Tehachapi Mountains in Keene, California;
 Whereas, since the death of César Estrada Chávez, schools, parks, streets, libraries, and other public facilities, as well as awards and scholarships, have been named in his honor;
 Whereas 10 States and dozens of communities across the United States honor the life and legacy of César Estrada Chávez on March 31st of each year;
 Whereas, during his lifetime, César Estrada Chávez was a recipient of the Martin Luther King, Jr. Peace Prize;
 Whereas, on August 8, 1994, César Estrada Chávez was posthumously awarded the Presidential Medal of Freedom;
 Whereas President Barack Obama honored the life of service of César Estrada Chávez by proclaiming March 31, 2012, to be César Chávez Day;
 Whereas, on October 8, 2012, President Barack Obama authorized the Secretary of the Interior to establish a César Estrada Chávez National Monument in Keene, California; and
 Whereas the United States should continue the efforts of César Estrada Chávez to ensure equality, justice, and dignity for all people of the United States: Now, therefore, be it

 That the House of Representatives— (1)recognizes the accomplishments and example of a great hero of the United States, César Estrada Chávez;
 (2)pledges to promote the legacy of César Estrada Chávez; and (3)encourages the people of the United States to commemorate the legacy of César Estrada Chávez and to always remember his great rallying cry, ¡Sí, se puede!, which is Spanish for Yes, we can!.


115 HR 953 : Reducing Regulatory Burdens Act of 2017
U.S. House of Representatives
2017-05-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		115th CONGRESS
		1st Session
		H. R. 953
		IN THE SENATE OF THE UNITED STATES
		May 25, 2017Received; read twice and referred to the Committee on Environment and Public WorksAN ACT
		To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution
			 Control Act to clarify Congressional intent regarding the regulation of
			 the use of pesticides in or near navigable waters, and for other purposes.

 1.Short titleThis Act may be cited as the Reducing Regulatory Burdens Act of 2017. 2.Use of authorized pesticidesSection 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:

 (5)Use of authorized pesticidesExcept as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide..
 3.Discharges of pesticidesSection 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

				(s)Discharges of pesticides
 (1)No permit requirementExcept as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide.
 (2)ExceptionsParagraph (1) shall not apply to the following discharges of a pesticide or pesticide residue: (A)A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if—
 (i)the discharge would not have occurred but for the violation; or (ii)the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.
 (B)Stormwater discharges subject to regulation under subsection (p). (C)The following discharges subject to regulation under this section:
 (i)Manufacturing or industrial effluent. (ii)Treatment works effluent.
 (iii)Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention..

	Passed the House of Representatives May 24, 2017.Karen L. Haas,Clerk


113 HR 5094 RH: To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to recoup certain bonuses or awards paid to employees of the Department of Veterans Affairs.
U.S. House of Representatives
2014-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 504
113th CONGRESS 2d Session
H. R. 5094
[Report No. 113–672, Part I]
IN THE HOUSE OF REPRESENTATIVES

July 14, 2014
Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

December 12, 2014
Additional sponsors: Mrs. Blackburn and Mr. Roe of Tennessee

December 12, 2014
Reported from the Committee on Veterans’ Affairs with amendments
Strike out all after the enacting clause and insert the part printed in italic

December 12, 2014
The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on July 14, 2014

A BILL
To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to recoup certain bonuses or awards paid to employees of the Department of Veterans Affairs.

1.Authority to recoup bonuses or awards paid to employees of Department of Veterans Affairs
(a)In generalChapter 7 of title 38, United States Code, is amended by adding at the end the following new section:

714.Recoupment of bonuses or awards paid to employees of Department
(a)RecoupmentNotwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if—
(1)the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and
(2)the employee is afforded notice and an opportunity for a hearing conducted by the Secretary.
(b)ReviewThe decision of the Secretary regarding a repayment by an employee pursuant to subsection (a) is final and may not be reviewed by any other agency or any court..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:

714. Recoupment of bonuses or awards paid to employees of Department..
(c)Effective dateSection 714 of title 38, United States Code, as added by subsection (a), shall apply with respect to an award or bonus paid by the Secretary of Veterans Affairs to an employee of the Department of Veterans Affairs before, on, or after the date of the enactment of this Act.
(d)ConstructionNothing in this Act or the amendments made by this Act may be construed to modify the certification issued by the Office of Personnel Management and the Office of Management and Budget regarding the performance appraisal system of the Senior Executive Service of the Department of Veterans Affairs.
2.Limitations on subcontracts under contracts with small business concerns owned and controlled by veterans
(a)In generalSection 8127 of title 38, United States Code, is amended—
(1)by redesignating subsection (l) as subsection (m); and
(2)by inserting after subsection (k) the following new subsection (l):

(l)Limitations on subcontracting
(1)
(A)The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran that is awarded a contract that is counted for purposes of meeting the goals under subsection (a).
(B)For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term similarly situated entity used in such section 46 includes a subcontractor for a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran described in such subparagraph (A).
(2)Before awarding a contract that is counted for purposes of meeting the goals under subsection (a), the Secretary shall obtain from an offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall—
(A)specify the exact performance requirements applicable under such paragraph; and
(B)explicitly acknowledge that the certification is subject to section 1001 of title 18.
(3)If the Secretary determines that a small business concern that is awarded a contract that is counted for purposes of meeting the goals under subsection (a) did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to the penalties specified in—
(A)section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(B)section 1001 of title 18.
(4)
(A)The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of the Department, established pursuant to section 1702 of title 41, shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or any other systems available, to monitor compliance with this subsection. The Director and the Chief Acquisition Officer shall jointly refer any violations of this subsection to the Inspector General of the Department.
(B)Not later than November 30 of each year, the Inspector General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report—
(i)the number of referred violations received under subparagraph (A); and
(ii)the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution..
(b)Effective dateSubsection (l) of section 8127 of title 38, United States Code, as added by subsection (a) shall apply with respect to a contract entered into after the date of the enactment of this Act.
3.Review of lists of former prisoners of war
(a)Review of lists of prisoners of warThe Secretary of Veterans Affairs shall review the VA POW list and the DOD POW list to identify any discrepancies in such lists.
(b)Inspector General review of processThe Inspector General of the Department of Veterans Affairs shall review the process by which the Secretary determines that a veteran is a former prisoner of war, including whether the Secretary is following guidelines established by the Secretary to determine that a veteran is a former prisoner of war.
(c)ReportNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the VA POW list, including the following:
(1)Any discrepancies, by period of conflict, in the number of prisoners of war included on the VA POW list and the DOD POW list.
(2)With respect to veterans included on the VA POW list who are not included on the DOD POW list, information regarding how such determinations were made, including what types of evidence were used, in a manner that does not personally identify such veterans.
(3)The results of the review of the Inspector General under subsection (b), without change.
(d)DefinitionsIn this section:
(1)The term DOD POW list means the list maintained by the Secretary of Defense, acting through the Defense Prisoner of War/Missing Personnel Office, of members of the Armed Forces who were prisoners of war.
(2)The term VA POW list means the list maintained by the Secretary of Veterans Affairs of veterans whom the Secretary determines are former prisoners of war.
4.Limitation on expansion of dialysis pilot program
(a)LimitationThe Secretary of Veterans Affairs shall not expand the dialysis pilot program or create any new dialysis capability provided by the Department of Veterans Affairs in any facility that is not an initial facility until after the date that—
(1)the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years;
(2)an independent analysis of the dialysis pilot program has been conducted at each initial facility; and
(3)the report required by subsection (b) has been submitted.
(b)ReportNot later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that—
(1)includes the results of that independent analysis, including a comparison of not only cost but non-cost factors such as access to care, quality of care, and Veteran satisfaction; and
(2)addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office.
(c)Use of existing dialysis resourcesIn order to increase the access of veterans to dialysis care and decrease the amount of time such veterans are required to travel to receive such care, the Secretary shall fully use the dialysis resources of the Department that exist as of the date of the enactment of this Act, including any community dialysis provider with which the Secretary has entered into a contract or agreement for the provision of such care.
(d)DefinitionsIn this section:
(1)The term dialysis pilot program means the pilot demonstration program established by the Secretary in 2009 to provide dialysis care to patients at certain outpatient facilities operated by the Department of Veterans Affairs.
(2)The term initial facility means one of the four outpatient facilities identified by the Secretary to participate in the dialysis pilot program prior to the date of the enactment of this Act.
Amend the title so as to read: A bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to recoup certain bonuses or awards paid to employees of the Department of Veterans Affairs, and for other purposes..

December 12, 2014
Reported from the Committee on Veterans’ Affairs with amendments
December 12, 2014
The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


115 S3045 IS: Cooperate with Law Enforcement Agencies and Watch Act of 2018
U.S. Senate
2018-06-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 3045IN THE SENATE OF THE UNITED STATESJune 11, 2018Mr. Cotton (for himself and Mr. Jones) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend title 31, United States Code, to establish a safe harbor with respect to keep open
			 letters.

 1.Short titleThis Act may be cited as the Cooperate with Law Enforcement Agencies and Watch Act of 2018. 2.Safe harbor with respect to keep open letters (a)In generalSubchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:

					5333.Safe harbor with respect to keep open letters
 (a)In generalWith respect to a customer account of a financial institution, if a Federal, State, Tribal, or local law enforcement agency requests, in writing, the financial institution to keep such account open—
 (1)the financial institution shall not be liable under this subchapter for maintaining such account consistent with the parameters of the request; and
 (2)no Federal or State department or agency may take any adverse supervisory action under this subchapter with respect to the financial institution for maintaining such account consistent with the parameters of the request.
 (b)Rule of constructionNothing in this section may be construed— (1)from preventing a Federal or State department or agency from verifying the validity of a written request described under subsection (a) with the Federal, State, Tribal, or local law enforcement agency making the written request; or
 (2)to relieve a financial institution from complying with any reporting requirements, including the reporting of suspicious transactions under section 5318(g).
 (c)Letter termination dateFor purposes of this section, any written request described under subsection (a) shall include a termination date after which such request shall no longer apply..
 (b)Clerical amendmentThe table of contents for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following:
				5333. Safe harbor with respect to keep open letters..


		I
		111th CONGRESS
		1st Session
		H. R. 3251
		IN THE HOUSE OF REPRESENTATIVES

			July 17, 2009
			Mr. Gingrey of
			 Georgia (for himself, Mr. King of
			 Iowa, Mr. Sessions,
			 Mr. Harper,
			 Mr. Bartlett,
			 Mr. Latta,
			 Mrs. McMorris Rodgers,
			 Mr. Radanovich,
			 Mr. Westmoreland,
			 Mr. Issa, Mr. Conaway, Mr.
			 Shadegg, Mr. Campbell,
			 Ms. Fallin,
			 Mr. Linder,
			 Mr. Scalise,
			 Mr. Fleming,
			 Mr. Pitts,
			 Mrs. Bachmann,
			 Mr. Broun of Georgia,
			 Mr. Brady of Texas,
			 Mr. Stearns, and
			 Mr. Coble) introduced the following
			 bill; which was referred to the Committee
			 on Oversight and Government Reform

		A BILL
		To repeal certain provisions of title 5, United States
		  Code, relating to Federal employees’ official time and labor organization
		  activities.

		1.Short titleThis Act may be cited as the
			 Federal Employee Accountability Act of
			 2009.
		2.Repeal of certain
			 provisions relating to official timeSubsections (a) and (c) of section 7131 of
			 title 5, United States Code, are repealed.