110 HRES 819 IH: Expressing the sense of the House of

U.S. House of Representatives
2007-11-13
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.

		IV
		110th CONGRESS
		1st Session
		H. RES. 819
		IN THE HOUSE OF REPRESENTATIVES

			November 13, 2007
			Ms. DeLauro (for
			 herself, Ms. Hooley,
			 Mr. Doggett,
			 Mr. Hare, Mr. Holt, Ms.
			 Schakowsky, Mr. Emanuel,
			 Mr. Ryan of Ohio,
			 Mr. Cardoza,
			 Ms. Eshoo,
			 Ms. Sutton,
			 Mr. Courtney,
			 Mrs. Maloney of New York,
			 Ms. Wasserman Schultz,
			 Ms. Richardson,
			 Mr. Larson of Connecticut,
			 Mr. Welch of Vermont,
			 Mr. Ackerman,
			 Mr. Frank of Massachusetts,
			 Mr. Capuano,
			 Mrs. Boyda of Kansas,
			 Ms. Tsongas,
			 Mr. Waxman,
			 Mr. Dicks,
			 Ms. Matsui,
			 Mr. Thompson of California,
			 Mrs. Jones of Ohio,
			 Mr. Kagen,
			 Mr. Moore of Kansas,
			 Mr. Murtha,
			 Mr. Fattah,
			 Mr. Gene Green of Texas,
			 Mr. Scott of Georgia,
			 Mr. Kennedy,
			 Ms. Kaptur,
			 Mr. Space,
			 Mr. Peterson of Minnesota,
			 Ms. Hirono,
			 Mr. Hall of New York,
			 Ms. Shea-Porter,
			 Mr. Perlmutter,
			 Mrs. Lowey,
			 Mr. Kildee,
			 Mr. Crowley,
			 Mr. Butterfield,
			 Mr. Visclosky,
			 Mr. Becerra,
			 Mr. Wynn, Mr. Stupak, Mr.
			 Lewis of Georgia, Ms. Lee,
			 Mr. Van Hollen,
			 Mr. Bishop of Georgia,
			 Ms. Schwartz,
			 Ms. Kilpatrick,
			 Mr. Blumenauer,
			 Mr. Inslee,
			 Mr. Olver,
			 Mr. Lynch,
			 Mr. Loebsack,
			 Mr. Wilson of Ohio,
			 Mr. Cohen,
			 Ms. Watson,
			 Mrs. Christensen,
			 Mr. Hinchey,
			 Ms. Clarke,
			 Mr. Hinojosa,
			 Ms. Jackson-Lee of Texas,
			 Mr. Davis of Illinois,
			 Ms. Velázquez,
			 Ms. Berkley,
			 Mr. Filner,
			 Mr. Stark,
			 Mr. Jackson of Illinois,
			 Mr. Neal of Massachusetts,
			 Mr. McGovern,
			 Mr. Wu, Mr. Ortiz, Mr.
			 DeFazio, Mr. McNerney,
			 Mr. Meek of Florida,
			 Mr. Davis of Alabama,
			 Mr. Moran of Virginia,
			 Ms. Moore of Wisconsin,
			 Mr. Pallone,
			 Mr. Rothman,
			 Mr. Nadler,
			 Ms. Slaughter,
			 Mr. Murphy of Connecticut,
			 Mr. Farr, Mr. Berman, Mr.
			 George Miller of California, Ms.
			 Bordallo, Mr. Delahunt,
			 Mr. Lampson,
			 Mr. Faleomavaega,
			 Mr. Abercrombie,
			 Mr. Baca, Mr. Bishop of New York,
			 Mrs. Capps,
			 Mr. Chandler,
			 Mr. Cummings,
			 Mr. Ellison,
			 Mr. Grijalva,
			 Mr. Israel,
			 Mr. Kanjorski,
			 Mr. Kind, Ms. Zoe Lofgren of California,
			 Mrs. McCarthy of New York,
			 Ms. McCollum of Minnesota,
			 Mr. Meeks of New York,
			 Mr. Price of North Carolina,
			 Mr. Rahall,
			 Mr. Reyes,
			 Mr. Rodriguez,
			 Ms. Roybal-Allard,
			 Ms. Linda T. Sánchez of California,
			 Ms. Loretta Sanchez of California,
			 Mr. Udall of Colorado,
			 Mr. Udall of New Mexico,
			 Ms. Waters,
			 Mr. Wexler, and
			 Ms. Woolsey) submitted the following
			 resolution; which was referred to the Committee on Energy and
			 Commerce

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the House has lost confidence in the performance of
		  Consumer Product Safety Commission Chairwoman Nancy Nord, and urging the
		  President to request her resignation.

		Whereas the mission of the Consumer Product Safety
			 Commission is to protect the public against unreasonable risks of injury
			 associated with consumer products;
		Whereas, since 1974, the first year the Consumer Product
			 Safety Commission (CPSC) went into operation, United States imports have
			 quadrupled, and the CPSC is responsible for overseeing more than 15,000 types
			 of products, yet it now operates with approximately 400 staffers, fewer than
			 half the number of staff when the agency was established;
		Whereas 80 percent of the toys Americans buy are Chinese
			 imports, and in recent months more than 25 million toys manufactured in China
			 were recalled because of lead paint and other hazards;
		Whereas, instead of prioritizing and addressing serious
			 threats to public health or dealing with the CPSC’s own limitations, Commission
			 Chairwoman Nancy Nord stubbornly pushes back and actively opposes legislation
			 to grant the CPSC much needed authority and resources;
		Whereas Federal employees in regulatory agencies are
			 generally prohibited from receiving any gift, including payment
			 or reimbursement of travel expenses, from someone who is seeking action from,
			 doing business with, or regulated by that agency, or whose interests may be
			 substantially affected by the performance or nonperformance of an employee’s
			 official duties;
		Whereas prohibiting gifts to Federal employees is aimed at
			 preventing a government employee from becoming beholden to anyone in the
			 private sector who might affect the independence or judgment of that
			 employee;
		Whereas Chairwoman Nord and her predecessor, Hal Stratton,
			 took nearly 30 trips at the expense of the toy, appliance, and children’s
			 furniture industries who had interests before the Commission, and the airfares,
			 hotels, and meals of such trips totaled nearly $60,000;
		Whereas the CPSC made travel bookings before the trips
			 were approved and the CPSC’s ethics official traveled with the chairwoman as a
			 guest of a regulated industry;
		Whereas Chairwoman Nord was reported to have taken a trip
			 totaling $3,730 to San Francisco in 2005 sponsored by the Toy Industry
			 Foundation, an association that represents the makers of 85 percent of the toys
			 sold in the United States;
		Whereas Chairwoman Nord was reported to have taken a trip
			 in February 2006, which was paid for by the Toy Industry Association to attend
			 the American International Toy Fair in New York;
		Whereas, in February, Chairwoman Nord accepted more than
			 $2,000 in travel and accommodations from the Defense Research Institute to
			 attend its meeting in New Orleans on product litigation trends,
			 according to the agency’s internal records;
		Whereas the CPSC Inspector General Christopher W. Dentel
			 has asserted that he will take steps to see to it that the relevant records
			 detailing travel expenses are secured and an investigation initiated;
			 and
		Whereas Chairwoman Nord is the wrong person to lead the
			 CPSC as its chief regulator as she has chosen to side with the companies that
			 manufacture these dangerous products rather than protect America’s consumers:
			 Now, therefore, be it

		That the House of
			 Representatives—
			(1)has lost
			 confidence in Consumer Product Safety Commission Chairwoman Nancy Nord;
			 and
			(2)urges the
			 President to request her resignation and to nominate a new candidate to head
			 the Consumer Product Safety Commission.


I
111th CONGRESS 1st Session
H. R. 1989
IN THE HOUSE OF REPRESENTATIVES

April 21, 2009
Mrs. Capito introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To provide for subsidies for interest on loans for rural multifamily housing guaranteed by the Rural Housing Service of the Department of Agriculture.

1.Short titleThis Act may be cited as the Section 538 Improvement Act of 2009.
2.Subsidies for interest on guaranteed loans for rural multifamily housingThe item relating to Rural Housing Service—Rural Housing Insurance Fund Program Account in title III of division A of the Omnibus Appropriations Act, 2009 (Public Law 111–8) is amended by striking That, for applications received under the 2009 notice of funding availability, section 538 multi-family housing guaranteed loans funded pursuant to this paragraph shall not be subject to a guarantee fee and the interest on such loans may not be subsidized and inserting the following: That the Secretary may reduce the funding for section 538 multi-family housing guaranteed loans by up to $29,090,000, and use such amounts as equivalent funds to subsidize the interest on 538 multi-family housing guaranteed loans for which applications are received under the 2009 notice of funding availability.


109 HR 1464 IH: To suspend temporarily the duty on certain pimientos (capsicum anuum), prepared or preserved otherwise than by vinegar or acetic acid.
U.S. House of Representatives
2005-04-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1464
IN THE HOUSE OF REPRESENTATIVES

April 5, 2005
Mr. Garrett of New Jersey introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain pimientos (capsicum anuum), prepared or preserved otherwise than by vinegar or acetic acid.

1.Certain pimientos, prepared or preserved by vinegar or acetic acid
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.05.36Pimientos (capsicum anuum), prepared or preserved by vinegar or acetic acid, not frozen, in containers holding over 227 g. (provided for in subheading 2005.90.50) FreeNo changeNo changeOn or before 12/31/2008
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.


116 S3790 IS: Health Care Emergency Guarantee Act
U.S. Senate
2020-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
116th CONGRESS2d Session
S. 3790
IN THE SENATE OF THE UNITED STATES

May 20, 2020
Mrs. Gillibrand (for Mr. Sanders (for himself, Mrs. Gillibrand, Mr. Markey, Ms. Warren, Mr. Booker, Mr. Merkley, and Ms. Harris)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL
To provide reimbursements for certain costs of health care items and services, including prescription drugs, furnished during the public health emergency declared with respect to COVID–19.

1.Short titleThis Act may be cited as the Health Care Emergency Guarantee Act. 2.Reimbursements for certain costs of health care items and services including prescription drugs furnished during public health emergency (a)In generalDuring the period beginning on the date of enactment of this Act and ending on the date the Secretary certifies to Congress that a vaccine approved by the Food and Drug Administration for COVID–19 is widely available to the public, the Secretary shall make payments to qualified providers with respect to applicable health care items and services as defined in subsection (b) that are furnished to an applicable individual an amount equal to—
(1)in the case of any portion of such period in which an applicable individual is enrolled in a public or private health insurance plan, the amount of any cost-sharing, including any deductibles, copayments, coinsurance or similar charges, that would otherwise be applicable under such plan, including with respect to prescription drug coverage under the plan; (2)in the case of any portion of such period in which an applicable individual is uninsured, an amount equal to the amount that would be paid to the qualified provider for the same or equivalent items or services, including with respect to any inpatient or physician-administered drugs (and excluding outpatient prescription drugs or biologicals with respect to which coverage is provided under subsection (e)), under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
(b)Applicable health care items and services; applicable individual definedIn this section: (1)Applicable health care items and servicesThe term applicable health care items and services means, with respect to an applicable individual, any health care items and services that are medically necessary or appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition of the applicable individual, including—
(A)any testing services and treatments for COVID–19 or related complications, including vaccines, diagnostic tests, drugs and biologicals, and therapies; and (B)in the case of an applicable individual who is enrolled in a public or private health insurance plan, any health care items and services covered by such plan as of March 1, 2020, or in the case of an applicable individual who enrolls in such plan after the date, any health care items and services covered by such plan as of the date of such enrollment.
(2)Applicable individualThe term applicable individual means an individual who is a resident of the United States. (c)Requirements (1)No effect on applicable cost-sharing requirementsNothing in this section shall affect the application of any requirements applicable under Federal or State law with respect to coverage of health care items and services without any cost-sharing.
(2)Maintenance of Effort
(A)In generalDuring the period described in subsection (a), a public or private health plan shall not increase cost-sharing, decrease benefits, or otherwise make coverage less generous than the benefits offered on the date of enactment of this Act. (B)New Items and ServicesDuring such period, a public or private health plan shall provide coverage of new items and services, including those related to COVID–19, as appropriate, at a minimum, at a level consistent with the prior coverage practices and formularies of the plan.
(3)Limitation on out-of-pocket expensesDuring such period, in order to be eligible to receive payments under this section, a qualified provider shall agree not to impose on an applicable individual any charge for applicable health care items and services furnished to the applicable individual. (4)Permissible billing of plans; limitation on balance billingDuring such period, in order to be eligible to receive payments under this section, a qualified provider shall agree, with respect to applicable health care items and services furnished to an applicable individual when such individual is enrolled in a public or private health insurance plan—
(A)not to impose any charge on the plan for such items and services beyond the amount otherwise payable by the plan; and (B)not to bill the applicable individual for any amounts in excess of the amount described in subparagraph (A).
(5)Medical debt collectionA qualified provider shall agree— (A)to immediately halt all medical debt collection, including collection activities carried out by third parties, during such period and shall not collect medical debt or have third parties collect medical debt for applicable health care items and services furnished during such period; and
(B)to refrain from pursuing medical debt collection, including collection activities carried out by third parties, after such period with respect to items and services related to the diagnosis or treatment of COVID–19 (regardless of whether such services were furnished before, during, or after such period) and shall not collect medical debt or have third parties collect medical debt for such items or services after such period. (6)Submission of bills and documentationA qualified provider shall agree to submit bills and any required supporting documentation relating to the provision of applicable health care items and services within 30 days after the date of providing such services, in such manner as the Secretary determines appropriate.
(d)Waiver of late enrollment penalties under MedicareDuring the period described in subsection (a), no increase in the monthly premium of an individual pursuant to section 1818(c), 1839(b), or 1860D–13 of the Social Security Act (42 U.S.C. 1395i–2(c), 1395r(b), 1395w–113) shall be effected in the case of any individual who enrolls for benefits under title XVIII of such Act with respect to any period prior to the date of such enrollment. (e)Coverage with respect to outpatient prescription drugs (1)In generalDuring the period described in subsection (a), with respect to outpatient prescription drugs or biologicals described in subsection (b)(1)(A) that are dispensed to uninsured individuals, the Secretary shall establish procedures under which—
(A)such drugs or biologicals are dispensed at no cost to such individuals;  (B)pharmacies that dispense such drugs or biologicals—
(i)are reimbursed by the Secretary for such drugs or biologicals dispensed to such individuals at an amount equal to the price paid by the Secretary of Veterans Affairs to procure the drug or biological under the laws administered by the Secretary of Veterans Affairs; and (ii)agree not to charge such individuals for any difference between the amount reimbursed under clause (i) and the cost to the pharmacy for the drug; and
(C)manufacturers of such drugs or biologicals reimburse pharmacies for any difference described in subparagraph (B)(ii) with respect to drugs or biologicals of the manufacturer that are dispensed to such individuals. (2)Condition of coverage under MedicareDuring the period described in subsection (a), no coverage may be provided under part B or D of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq., 1395w–101 et seq.) with respect to a drug or biological of a manufacturer if the manufacturer does not enter into an agreement with the Secretary to carry out the requirements applicable with respect to such manufacturers under this subsection.
(3)Requirement for participating pharmaciesDuring the period described in subsection (a), a prescription drug plan under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w–101 et seq.) may not contract with a pharmacy if the pharmacy does not enter into an agreement with the Secretary to carry out the requirements applicable with respect to pharmacies under this subsection. (f)Other definitions (1)Public or private health insurance plan (A)In generalThe term public or private health insurance plan means any of the following:
(i)A group health plan, or group health insurance coverage, as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91).  (ii)A qualified health plan, as defined in section 1301 of the Patient Protection and Affordable Care Act (42 U.S.C. 18021).
(iii)Subject to subparagraph (B), any health insurance coverage (other than a plan described in clause (ii)) offered in the individual market, as such terms are defined in section 2791 of the Public Health Service Act, including any short-term limited duration insurance.  (iv)A health plan offered under chapter 89 of title 5, United States Code.
(v)A Federal health care program (as defined under section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f)), including— (I)health benefits furnished under the TRICARE program (as defined in section 1072 of title 10, United States Code);
(II)health benefits furnished to veterans under the laws administered by the Secretary of Veterans Affairs; and (III)health benefits furnished to Indians (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving health services through the Indian Health Service, including through an Urban Indian Organization, regardless of whether such benefits are for items or services that have been authorized under the purchased/referred care system funded by the Indian Health Service or are covered as a health service of the Indian Health Service.
(B)Limitation on individual health insurance coverageThe term public or private health insurance coverage includes the health insurance coverage described in clause (iii) of subparagraph (A) only with respect to an individual who is enrolled in such coverage on March 1, 2020. (2)Qualified providerThe term qualified provider means a health care provider who is a participating provider under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). Such term includes a health care provider who is not a participating provider under such program if the health care provider would meet the criteria for such participation and, if the State requires the health care provider to be licensed by the State, is licensed by the State in which the items or services are furnished.
(3)SecretaryThe term Secretary means the Secretary of Health and Human Services. (g)Implementation (1)In generalThe Secretary, in coordination with the Secretary of the Treasury, the Commissioner of Social Security, and the Secretary of Labor, shall implement the provisions of this section not later than the date that is 7 days after the date of the enactment of this Act.
(2)Ensuring timely paymentThe Secretary shall establish a process and issue such guidance as is necessary to ensure a qualified provider receives payments under this section in a timely manner. (3)Ensuring collection of data on disparitiesThe Secretary shall implement this section in a manner and issue such guidance as is necessary to allow for the ongoing, accurate, and timely collection and analysis of data on disparities in accordance with subsection (h).
(h)Collection of data on disparities
(1)In GeneralDuring the period described in subsection (a), the Secretary shall collect data on disparities across race, ethnicity, primary language, gender, sexual orientation, disability status, age, geographic area, insurance status, and socioeconomic status— (A)in health outcomes and access to health care related to the COVID–19 outbreak, including data on COVID–19 cases, treatment, and deaths; and
(B)in patient access to applicable health care items and services under this section. (2)Public availabilityThe Secretary shall—
(A)make data collected under this subsection publicly available on the internet website of the Department of Health and Human Services as soon as is practicable, but not later than 30 days after the date of enactment of this Act, in a manner that allows researchers, scholars, health care providers, and others to access and analyze such data, without compromising patient privacy; and (B)update such data on a weekly basis thereafter for the duration of the period described in subsection (a).
(i)Weekly reports to Congress
(1)In generalOn a weekly basis during the period described in subsection (a), the Secretary shall report to Congress on— (A)the implementation of this section, including information on the amount, type, and geographic distribution of payments to qualified providers under this section; and
(B)any disparities in health and access to health care related to the COVID–19 outbreak or patient access to applicable health care items and services under this section, as identified through the collection and analysis of data collected under subsection (h). (2)Public availabilityThe Secretary shall make each report submitted under paragraph (1) publicly available on the internet website of the Department of Health and Human Services.
(j)FundingThere are authorized to be appropriated such sums as are necessary to carry out this section.


114 HR 488 IH: To prohibit the further extension or establishment of national monuments in Nevada except by express authorization of Congress.
U.S. House of Representatives
2015-01-22
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.

		I
		114th CONGRESS
		1st Session
		H. R. 488
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2015
			Mr. Amodei (for himself, Mr. Heck of Nevada, and Mr. Hardy) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To prohibit the further extension or establishment of national monuments in Nevada except by
			 express authorization of Congress.

 1.Limitation on further extension or establishment of national monuments in NevadaThe proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a), is amended by inserting or Nevada after Wyoming.


I115th CONGRESS1st SessionH. R. 783IN THE HOUSE OF REPRESENTATIVESFebruary 1, 2017Mr. LoBiondo (for himself and Mr. Pallone) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend chapter 178 of title 28 of the United States Code to permit during a 4-year period States to enact statutes that exempt from the operation of such chapter, lotteries, sweepstakes, and other betting, gambling, or wagering schemes involving professional and amateur sports.
1.Short titleThis Act may be cited as the Sports Gaming Opportunity Act of 2017. 2.AmendmentSection 3704(a) of title 28, United States Code, is amended—
(1)in paragraph (3) by striking or at the end, (2)in paragraph (4) by striking the period at the end and inserting ; or, and
(3)by adding at the end the following:  (5)a lottery, sweepstakes, or other betting, gambling, or wagering scheme in a State authorized by such State by an applicable statute—
(A)enacted on or after January 1, 2017, and (B)as in effect not later than January 1, 2021..


109 HR 4435 IH: To provide for the establishment of the Advanced Research Projects Agency-Energy.
U.S. House of Representatives
2005-12-06
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.

I
109th CONGRESS 1st Session
H. R. 4435
IN THE HOUSE OF REPRESENTATIVES

December 6, 2005
Mr. Gordon (for himself, Ms. Pelosi, Mr. Honda, Mr. Emanuel, Mr. Inslee, Mr. Lipinski, Ms. Zoe Lofgren of California, Mr. Baird, Mr. Menendez, Mr. George Miller of California, Mr. Price of North Carolina, Mr. Miller of North Carolina, Mr. Tierney, Mr. Costa, Mr. Carnahan, Ms. Eshoo, Mr. Smith of Washington, and Mr. Udall of Colorado) introduced the following bill; which was referred to the Committee on Science

A BILL
To provide for the establishment of the Advanced Research Projects Agency-Energy.

1.FindingsThe Congress finds the following:
(1)The United States faces a range of energy challenges that affect our economy, security, and environment. Fundamentally, these challenges involve science and technology.
(2)The Department of Energy already has some of the mechanisms necessary to promote long-term research, but it lacks the mechanisms for quickly transforming the results into technology that meets national needs.
(3)A recent report of the Secretary of Energy’s Advisory Board’s Task Force on the Future of Science Programs at the Department of Energy concluded that America can meet its energy needs only if we make a strong and sustained investment in research in physical science, engineering, and applicable life sciences and if we translate advancing scientific knowledge into practice.
(4)The Department of Defense, since 1958, has used its Defense Advanced Projects Research Agency (DARPA) for aggressively addressing real-time defense problems through targeted programs of research and technology development that have improved our national defense through transformation technologies.
(5)The National Academy of Sciences’ report entitled Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future recommends creating a new agency within the Department of Energy to sponsor creative, out-of-the-box, transformational, generic energy research in those areas where industry by itself cannot or will not undertake such sponsorship, where risks and pay-offs are high. Such an organization would be able to accelerate the process by which research is transformed to address energy-related economic, environmental, and security issues to decrease dependence on foreign energy through targeted research and technology development.
2.Advanced Research Projects Agency-Energy
(a)EstablishmentThere is established the Advanced Research Projects Agency-Energy (in this Act referred to as ARPA–E) within the Department of Energy.
(b)GoalThe goal of ARPA–E is to reduce the amount of energy the United States imports from foreign sources by 20 percent over the next 10 years by—
(1)promoting revolutionary changes in the critical technologies that would promote energy independence;
(2)turning cutting-edge science and engineering into technologies for energy and environmental application; and
(3)accelerating innovation in energy and the environment for both traditional and alternative energy sources and in energy efficiency mechanisms to decrease the Nation’s reliance on foreign energy sources.
(c)DirectorARPA–E shall be headed by a Director who shall be appointed by the Secretary of Energy. The Director shall report to the Secretary.
(d)ResponsibilitiesThe Director shall administer the Fund established under section 3 to award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia of such entities which may include federally funded research and development centers, to achieve the goals stated in subsection (b) through targeted acceleration of—
(1)energy-related research;
(2)development of resultant techniques, processes, and technologies, and related testing and evaluation; and
(3)demonstration and commercial application of the most promising technologies and research applications.
(e)Personnel
(1)Program managersThe Director shall designate employees to serve as program managers for each of the programs established pursuant to the responsibilities established for ARPA–E under subsection (d). Program managers shall be responsible for—
(A)establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts, as well as publicizing its goals to the public and private sectors;
(B)soliciting applications for specific areas of particular promise, especially those which the private sector cannot or will not provide funding;
(C)selecting research projects for support under the program from among application submitted to ARPA–E, following consideration of—
(i)the novelty and scientific and technical merit of the proposed projects;
(ii)the demonstrated capabilities of the applicants to successfully carry out the proposed research project; and
(iii)such other criteria as are established by the Director; and
(D)monitoring the progress of projects supported under the program.
(2)Hiring and managementIn hiring personnel for ARPA–E, the Secretary shall have the hiring and management authorities described in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note). For purposes of subsection (c)(1) of that section, the term of appointments for employees may not exceed 5 years before the granting of any extension.
(f)CoordinationThe Director shall ensure that the activities of ARPA–E are coordinated with those of other relevant research agencies, and may carry out projects jointly with other agencies.
3.Fund
(a)EstablishmentThere is established in the Treasury the Energy Independence Acceleration Fund (in this Act referred to as the Fund), which shall be administered by the Director of ARPA–E for the purposes of carrying out this Act.
(b)Authorization of AppropriationsThere are authorized to be appropriated to the Director of ARPA–E for deposit in the Fund $300,000,000 for fiscal year 2007, $375,000,000 for fiscal year 2008, $468,000,000 for fiscal year 2009, $585,000,000 for fiscal year 2010, $732,000,000 for fiscal year 2011, and $915,000,000 for fiscal year 2012, to remain available until expended.
4.Recoupment
(a)RequirementNot later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures and criteria for the recoupment of the Federal share of each project supported under this Act. Such recoupment shall occur within a reasonable period of time following the date of the completion of such project, but not later than 20 years following such date, taking into account the effect of recoupment on—
(1)the commercial competitiveness of the entity carrying out the project;
(2)the profitability of the project; and
(3)the commercial viability of the technology utilized.
(b)WaiverThe Secretary may at any time waive or defer all or some portion of the recoupment requirement as necessary for the commercial viability of the project.
(c)Availability of fundsRevenue received by the Federal Government pursuant to this section shall be deposited into the Fund and shall be available with further appropriation to fund future grants, contracts, and cooperative agreement as authorized by the Director.
(d)DefinitionsFor the purposes of this section—
(1)the term for-profit entity means a licensee or successor in interest to a venture member, or any other for-profit person or entity, or combination of such persons or entities, that earns or accrues amounts subject to this section;
(2)the term product or invention supported by or produced as a result of funding under this Act includes any product or invention of a venture member based on or using any technology or invention arising out of a venture funded under this Act; and
(3)the term revenue generated by or resulting from a product or invention includes revenue derived from the sale or licensing of patents or other rights with respect to the product or invention.
5.Advice
(a)Advisory CommitteesThe Director may seek advice on any aspect of ARPA–E from—
(1)existing Department of Energy advisory committees; and
(2)new advisory committees organized to support the programs of ARPA–E and to provide advice and assistance on—
(A)specific program tasks; or
(B)overall direction of ARPA–E.
(b)ApplicabilitySection 14 of the Federal Advisory Committee Act shall not apply to advisory committees organized under subsection (a)(2).
(c)Additional sources of adviceThe Director may seek advice and review from the National Academy of Sciences, the National Academy for Engineering, and any other professional or scientific organization with expertise in specific processes or technologies under development by ARPA–E.
6.ARPA-E Evaluation After ARPA–E has been in operation for 54 months, the President’s Committee on Science and Technology shall begin an evaluation (to be completed within 12 months) of how well ARPA–E is achieving its goals and mission. The evaluation shall include the recommendation of such Committee on whether ARPA–E should be continued or terminated, as well as lessons-learned from its operation. The evaluation shall be made available to Congress and to the public upon completion.


115 S2934 IS: Increasing Access to Mental Health in Schools Act
U.S. Senate
2018-05-23
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. 2934IN THE SENATE OF THE UNITED STATESMay 23, 2018Mr. Nelson (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo increase the recruitment and retention of school-based mental health services providers by
			 low-income local educational agencies.

 1.Short titleThis Act may be cited as the Increasing Access to Mental Health in Schools Act.
 2.DefinitionsIn this Act: (1)Best practicesThe term best practices means a technique or methodology that, through experience and research related to professional practice in a school-based mental health field, has proven to reliably lead to a desired result.
			(2)Eligible
 graduate institutionThe term eligible graduate institution means an institution of higher education that offers a program of study that leads to a masters or other graduate degree—
 (A)in school psychology that is accredited or approved by the National Association of School Psychologists' Program Approval Board or the Commission on Accreditation of the American Psychological Association and that prepares students in such program for the State licensing or certification examination in school psychology;
 (B)in school counseling that prepares students in such program for the State licensing or certification examination in school counseling;
 (C)in school social work that is accredited by the Council on Social Work Education and that prepares students in such program for the State licensing or certification examination in school social work;
 (D)in another school-based mental health field that prepares students in such program for the State licensing or certification examination in such field, if applicable; or
 (E)in any combination of study described in subparagraphs (A) through (D).
				(3)Eligible
 partnershipThe term eligible partnership means—
 (A)a partnership between 1 or more low-income local educational agencies and 1 or more eligible graduate institutions; or
 (B)in any region in which local educational agencies may not have a sufficient elementary school and secondary school student population to support the placement of all participating graduate students, a partnership between a State educational agency, on behalf of 1 or more low-income local educational agencies, and 1 or more eligible graduate institutions.
				(4)Institution of
 higher educationThe term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), but excludes any institution of higher education described in section 102(a)(1)(C) of such Act.
 (5)Local educational agencyThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
			(6)Low-income local
 educational agencyThe term low-income local educational agency means a local educational agency—
 (A)in which not less than 20 percent of the students served by such agency are from families with incomes below the poverty line as determined by the Bureau of the Census on the basis of the most recent satisfactory data available; and
 (B)that, as of the date of application for a grant under this Act, has ratios of school counselors, school social workers, and school psychologists to students served by the agency that are not more than 1 school counselor per 275 students, not more than 1 school psychologist per 770 students, and not more than 1 school social worker per 250 students.
				(7)Participating
 eligible graduate institutionThe term participating eligible graduate institution means an eligible graduate institution that is part of an eligible partnership awarded a grant under section 3.
			(8)Participating
 graduateThe term participating graduate means an individual who—
 (A)has received a masters or other graduate degree in a school-based mental health field from a participating eligible graduate institution and has obtained a State license or credential in the school-based mental health field; and
 (B)as a graduate student of a school-based mental health field, was placed in a school served by a participating low-income local educational agency to complete required field work, credit hours, internships, or related training as applicable.
				(9)Participating
 low-income local educational agencyThe term participating low-income local educational agency means a low-income local educational agency that is part of an eligible partnership awarded a grant under section 3.
 (10)School-based mental health fieldThe term school-based mental health field means each of the following fields: (A)School counseling.
 (B)School social work.
 (C)School psychology. (D)Any other field of study that leads to employment as a school-based mental health services provider.
				(11)School-based mental health
 services providerThe term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112).
 (12)SecretaryThe term Secretary means the Secretary of Education.
 (13)State educational agencyThe term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
			(14)Student support
 personnel target ratiosThe term student support personnel target ratios means the ratios of school-based mental health services providers to students recommended to enable such personnel to effectively address the needs of students, including—
 (A)at least 1 school counselor for every 250 students (as recommended by the American School Counselor Association and American Counseling Association);
 (B)at least 1 school psychologist for every 500–700 students (as recommended by the National Association of School Psychologists); and
 (C)at least 1 school social worker for every 250 students (as recommended by the School Social Work Association of America).
				(15)Unaccompanied
 youthThe term unaccompanied youth has the meaning given such term in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
			3.Grant program to
			 increase the number of school-based mental health
			 services providers employed by
			 low-income local educational agencies
			(a)Grant Program
 authorizedFrom amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis and after input from the peer review panel under subsection (d), to eligible partnerships, to enable the eligible partnerships to carry out pipeline programs to increase the number of school-based mental health services providers employed by low-income local educational agencies by carrying out any of the activities described by subsection (f).
			(b)Grant
 PeriodA grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress, as determined by the Secretary.
 (c)ApplicationTo be eligible to receive a grant under this section, an eligible graduate institution, on behalf of an eligible partnership, shall submit to the Secretary a grant application. The application shall contain such information as the Secretary may require, including—
 (1)an assessment of the existing (as of the date of application) ratios of school-based mental health services providers (in the aggregate and disaggregated by profession) to students enrolled in schools in each low-income local educational agency that is part of the eligible partnership; and
 (2)a detailed description of— (A)a plan to carry out a pipeline program to train, place, and retain school-based mental health services providers in low-income local educational agencies; and
 (B)the proposed allocation and use of grant funds to carry out activities described by subsection (f).
					(d)Peer review
			 panel
				(1)Establishment of
 panelThe Secretary shall establish a peer review panel to evaluate applications submitted under subsection (c) and make recommendations to the Secretary regarding such applications.
				(2)Evaluation of
 ApplicationsIn making its recommendations, the peer review panel shall take into account the purpose of this Act and the application requirements under subsection (c), including the quality of the proposed pipeline program described in subsection (c)(2).
				(3)Consideration of panel's recommendation
 (A)In generalThe Secretary may award grants under this section to eligible partnerships only after taking into consideration the recommendations of the peer review panel provided under this subsection.
 (B)ExplanationIn any case where the Secretary decides to not follow the recommendations of the peer review panel, the Secretary shall provide a written explanation of the decision to the panel and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.
					(4)Membership of
			 panel
 (A)In generalThe peer review panel shall include at a minimum the following members:
 (i)One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school counselor education.
 (ii)One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school social worker education.
 (iii)One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school psychology education.
 (iv)One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of teacher education.
 (v)One individual with expertise in school counseling who works or has worked in public schools.
 (vi)One individual with expertise in school social work who works or has worked in public schools.
 (vii)One individual with expertise in school psychology who works or has worked in public schools.
 (viii)One administrator who works or has worked for a low-income local educational agency.
 (ix)One qualified and effective teacher who has substantial experience working for a low-income local educational agency.
 (x)One community mental health provider. (B)Clinical faculty memberAt least 1 of the members described in subparagraph (A) shall be a clinical faculty member.
 (e)Award basisIn awarding grants under this section, the Secretary shall—
 (1)award the first 5 grants to eligible partnerships from 5 different States; and
 (2)give priority to eligible partnerships that— (A)propose to use the grant funds to carry out the activities described under paragraphs (1) through (3) of subsection (f) in schools that have higher numbers or percentages of low-income students and students not achieving a proficient level of academic achievement, as determined by the State, on the annual assessments required under section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b))) in comparison to other schools that are served by the low-income local educational agency that is part of the eligible partnership;
 (B)include 1 or more low-income local educational agencies that have fewer school-based mental health services providers, in the aggregate or for a particular school-based mental health field, per student than other eligible partnerships;
 (C)include 1 or more eligible graduate institutions that offer the greatest number of graduate programs in the greatest number of different school-based mental health fields; and
 (D)propose to collaborate with other institutions of higher education with similar programs, including sharing facilities, faculty members, and administrative costs.
					(f)Use of grant
 fundsGrant funds awarded under this section may be used—
 (1)to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and transportation stipends as necessary and appropriate) related to—
 (A)having graduate students of programs in school-based mental health fields placed in schools served by participating low-income local educational agencies to complete required field work, credit hours, internships, or related training as applicable for the degree, license, or credential program of each such student; and
 (B)offering required graduate coursework for students of a graduate program in a school-based mental health services field on the site of a participating low-income local educational agency;
 (2)for not more than the first 3 years after a participating graduate receives a masters or other graduate degree from a program in a school-based mental health field, or obtains a State license or credential in a school-based mental health field, to hire and pay all or part of the salary of the participating graduates working as a school-based mental health services provider in a school served by a participating low-income local educational agency;
 (3)to increase the number of school-based mental health services providers per student in schools served by participating low-income local educational agencies, in order to work toward the student support personnel target ratios;
 (4)to recruit, hire, and retain culturally or linguistically under-represented graduate students of programs in school-based mental health fields for placement in schools served by participating low-income educational agencies;
 (5)to recruit, hire, and pay faculty as necessary to increase the capacity of a participating eligible graduate institution to train graduate students in school-based mental health fields;
 (6)to develop coursework that will— (A)encourage a commitment by graduate students in school-based mental health fields to work for low-income local educational agencies;
 (B)give participating graduates the knowledge and skill sets necessary to meet the needs of—
 (i)students and families served by low-income local educational agencies; and
 (ii)teachers, administrators, and other staff who work for low-income local educational agencies;
 (C)enable participating graduates to meet the unique needs of students at risk of negative educational outcomes, including students who—
 (i)are English language learners;
 (ii)have a parent or caregiver who is a migrant worker;
 (iii)have a parent or caregiver who is a member of the armed forces, including the National Guard, who has been deployed or returned from deployment;
 (iv)are homeless, including unaccompanied youth;
 (v)have come into contact with the juvenile justice system or adult criminal justice system, including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons;
 (vi)have been identified as eligible for services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
 (vii)have been a victim to or witnessed domestic violence or violence in their community;
 (viii)have been exposed to substance misuse at home or in the community; or (ix)are foster care youth, youth aging out of foster care, or former foster youth; and
 (D)utilize best practices determined by the American School Counselor Association, National Association of Social Workers, School Social Work Association of America, and National Association of School Psychologists and other relevant organizations;
 (7)to provide tuition credits to graduate students participating in the pipeline program;
 (8)for student loan forgiveness for participating graduates who are employed as school-based mental health services providers by participating low-income local educational agencies for a minimum of 5 consecutive years; and
 (9)for similar activities to fulfill the purpose of this Act, as the Secretary determines appropriate.
				(g)Supplement not
 supplantFunds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds for the activities described in subsection (f).
			(h)Reporting
			 requirements
 (1)In generalEach eligible partnership that receives a grant under this section shall prepare and submit to the Secretary an annual report on the progress of the eligible partnership in carrying out the grant. Such report shall include a description of—
 (A)actual service delivery provided through the grant funds, including—
 (i)characteristics of the participating eligible graduate institution, including descriptive information on the educational model used and the actual academic program performance;
 (ii)characteristics of graduate students participating in the pipeline program supported under the grant, including—
 (I)performance on any examinations required by the State for credentialing or licensing;
 (II)demographic characteristics; and (III)graduate student retention rates;
 (iii)characteristics of students of the participating low-income local educational agency, including performance on any tests required by the State educational agency, demographic characteristics, and promotion, persistence, and graduation rates, as appropriate;
 (iv)an estimate of the annual implementation costs of the pipeline program; and
 (v)the numbers of students, schools, and graduate students participating in the pipeline program;
 (B)outcomes that are consistent with the purpose of the grant program under this Act, including—
 (i)internship and post-graduation placement of the participating graduate students;
 (ii)graduation and professional career readiness indicators; and
 (iii)characteristics of the participating low-income local educational agency, including changes in the hiring and retention of qualified and effective teachers and school-based mental health services providers;
 (C)the instruction, materials, and activities being funded under the grant; and
 (D)the effectiveness of any training and ongoing professional development provided—
 (i)to students and faculty in the appropriate departments or schools of the participating eligible graduate institution;
 (ii)to the faculty, administration, and staff of the participating low-income local educational agency; and
 (iii)to the broader community of providers of social, emotional, behavioral, and related support to students and to those individuals who train such providers.
 (2)PublicationThe Secretary shall publish the annual reports submitted under paragraph (1) on the website of the Department of Education.
				(i)Evaluations
				(1)Interim
 evaluationsThe Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant under this section is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (h) may be used by the Secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress.
				(2)Final
 evaluationThe Secretary shall conduct a final evaluation to—
 (A)determine the effectiveness of the grant program in carrying out the purpose of this Act; and
 (B)compare the relative effectiveness of each of the various activities described by subsection (f) for which grant funds may be used.
 (j)ReportNot earlier than 5 years nor later than 6 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing—
 (1)the findings of the evaluation conducted under subsection (i)(2); and
 (2)such recommendations as the Secretary considers appropriate.
				(k)Authorization of
			 appropriations
 (1)In generalThere is authorized to be appropriated to the Secretary to carry out the program under this section, $200,000,000 for fiscal year 2019 and for each succeeding fiscal year.
 (2)Reservation for evaluationFrom the total amount appropriated to carry out this section each fiscal year, the Secretary shall reserve not more than 3 percent for evaluations under subsection (i).
				4.Student loan
			 forgiveness for individuals who are employed for 5 or more consecutive
			 school
			 years as school-based mental health services providers
			(a)Establishment of
 programThe Secretary shall establish a program to provide student loan forgiveness for loans issued under parts B, D, and E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., and 1087aa et seq.) to individuals who—
 (1)are not, and have never been, participants in the grant program established under section 3; and
 (2)have been employed for 5 or more consecutive school years as school-based mental health services providers by low-income local educational agencies.
				(b)Authorization of
 appropriationsThere are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program under this section.
			5.Future
			 designation study
			(a)In
 generalThe Secretary shall conduct a study to identify a formula for future designation of regions with a shortage of school-based mental health services providers to use in implementing grant programs and other programs such as the programs established under this Act or for other purposes related to any such designation.
 (b)Basis of formulaThe formula described in subsection (a) shall be based on the latest available data regarding an area served by a low-income local educational agency on—
 (1)the number of residents under the age of 18 in such area;
 (2)the percentage of the population of such area with incomes below the poverty line;
 (3)the percentage of residents age 18 or older in such area who have earned secondary school diplomas;
 (4)the percentage of students in such area who are identified as eligible for special education services;
 (5)the youth crime rate in such area; (6)the current number of full-time-equivalent and active school-based mental health services providers employed by the low-income local educational agency in such area, in the aggregate and disaggregated by profession;
 (7)the number of students in such area in military families with parents in the Armed Forces (including the National Guard and Reserves) who have been alerted for deployment, are currently deployed, or have returned from a deployment in the previous school year; and
 (8)such other criteria as the Secretary considers appropriate.
 (c)ReportNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a).