		II
		111th CONGRESS
		1st Session
		S. 488
		IN THE SENATE OF THE UNITED STATES

			February 26, 2009
			Mr. Brown introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Public Health Service Act, the Employee
		  Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986
		  to require group and individual health insurance coverage and group health
		  plans to provide coverage for individuals participating in approved cancer
		  clinical trials.

		1.Short titleThis Act may be cited as the
			 Access to Cancer Clinical Trials Act
			 of 2009.
		2.Coverage for
			 individuals participating in approved cancer clinical trials
			(a)Group Health
			 Plans
				(1)Public health
			 service act amendmentsSubpart 2 of part A of title XXVII of the
			 Public Health Service Act is amended
			 by adding at the end the following new section:

						2707.Coverage for
				individuals participating in approved cancer clinical trials
							(a)Coverage
								(1)In
				generalIf a group health plan (or a health insurance issuer
				offering health insurance coverage in connection with the plan) provides
				coverage to a qualified individual (as defined in subsection (b)), the plan or
				issuer—
									(A)may not deny the
				individual participation in the clinical trial referred to in subsection
				(b)(2);
									(B)subject to
				subsection (c), may not deny (or limit or impose additional conditions on) the
				coverage of routine patient costs for items and services furnished in
				connection with participation in the trial; and
									(C)may not
				discriminate against the individual on the basis of the individual’s
				participation in such trial.
									(2)Exclusion of
				certain costsFor purposes of paragraph (1)(B), routine patient
				costs include all items and services provided in the clinical trial that are
				otherwise generally available to the qualified individual, except—
									(A)in the cases of
				items and services, the investigational item or service, itself; or
									(B)items and services
				that are provided solely to satisfy data collection and analysis needs and that
				are not used in the direct clinical management of the patient.
									(3)Use of
				in-network providersIf one or more participating providers is
				participating in a clinical trial, nothing in paragraph (1) shall be construed
				as preventing a plan or issuer from requiring that a qualified individual
				participate in the trial through such a participating provider if the provider
				will accept the individual as a participant in the trial.
								(b)Qualified
				Individual DefinedFor purposes of subsection (a), the term
				qualified individual means an individual who is a participant or
				beneficiary in a group health plan and who meets the following
				conditions:
								(1)(A)The individual has been
				diagnosed with cancer.
									(B)The individual is eligible to
				participate in an approved clinical trial according to the trial protocol with
				respect to treatment of such illness.
									(2)Either—
									(A)the referring
				physician is a participating health care professional and has concluded that
				the individual’s participation in such trial would be appropriate based upon
				the individual meeting the conditions described in paragraph (1); or
									(B)the participant or
				beneficiary provides medical and scientific information establishing that the
				individual’s participation in such trial would be appropriate based upon the
				individual meeting the conditions described in paragraph (1).
									(c)Payment
								(1)In
				generalUnder this section a group health plan (or health
				insurance issuer offering health insurance coverage in connection with the
				plan) shall provide for payment for routine patient costs described in
				subsection (a)(2) but is not required to pay for costs of items and services
				that are customarily provided by the research sponsors free of charge for
				individuals participating in the trial.
								(2)Payment
				rateIn the case of covered items and services provided
				by—
									(A)a participating
				provider, the payment rate shall be at the agreed upon rate, or
									(B)a nonparticipating
				provider, the payment rate shall be at the rate the plan would normally pay for
				comparable items and services under subparagraph (A).
									(d)Approved
				Clinical Trial Defined
								(1)In
				generalIn this section, the term approved clinical
				trial means a clinical research study or clinical investigation that
				relates to the prevention or treatment of cancer (including related symptoms)
				and is described in any of the following subparagraphs:
									(A)Federally funded
				trialsThe study or investigation is approved or funded (which
				may include funding through in-kind contributions) by one or more of the
				following:
										(i)NIHThe
				National Institutes of Health.
										(ii)CDCThe
				Centers for Disease Control and Prevention.
										(iii)AHRQThe
				Agency for Health Care Research and Quality.
										(iv)CMSThe
				Centers for Medicare & Medicaid Services.
										(v)Cooperative
				centerA cooperative group or center of any of the entities
				described in clauses (i) through (iv) or the Departments of Defense or Veterans
				Affairs.
										(vi)Center support
				granteesA qualified non-governmental research entity identified
				in the guidelines issued by the National Institutes of Health for center
				support grants.
										(vii)DOD; VA;
				DOEAny of the following if the conditions described in paragraph
				(2) are met:
											(I)The Department of
				Veterans Affairs.
											(II)The Department of
				Defense.
											(III)The Department
				of Energy.
											(B)FDA drug trial
				under INDThe study or investigation is conducted under an
				investigational new drug application reviewed by the Food and Drug
				Administration.
									(C)Exempt drug
				trialThe study or investigation is a drug trial that is exempt
				from having such an investigational new drug application.
									(2)Conditions for
				departmentsThe conditions described in this paragraph, for a
				study or investigation conducted by a Department, are that the study or
				investigation has been reviewed and approved through a system of peer review
				that the Secretary determines—
									(A)to be comparable
				to the system of peer review of studies and investigations used by the National
				Institutes of Health, and
									(B)assures unbiased
				review of the highest scientific standards by qualified individuals who have no
				interest in the outcome of the review.
									(e)ConstructionNothing
				in this section shall be construed to limit a plan’s or issuer’s coverage with
				respect to clinical
				trials.
							.
				(2)ERISA
			 amendments(A)Subpart B of part 7 of
			 subtitle B of title I of the Employee
			 Retirement Income Security Act of 1974 is amended by adding at the
			 end the following new section:

							714.Coverage for
				individuals participating in approved cancer clinical trials
								(a)Coverage
									(1)In
				generalIf a group health plan (or a health insurance issuer
				offering health insurance coverage in connection with the plan) provides
				coverage to a qualified individual (as defined in subsection (b)), the plan or
				issuer—
										(A)may not deny the
				individual participation in the clinical trial referred to in subsection
				(b)(2);
										(B)subject to
				subsection (c), may not deny (or limit or impose additional conditions on) the
				coverage of routine patient costs for items and services furnished in
				connection with participation in the trial; and
										(C)may not
				discriminate against the individual on the basis of the individual’s
				participation in such trial.
										(2)Exclusion of
				certain costsFor purposes of paragraph (1)(B), routine patient
				costs include all items and services provided in the clinical trial that are
				otherwise generally available to the qualified individual, except—
										(A)in the cases of
				items and services, the investigational item or service, itself; or
										(B)items and services
				that are provided solely to satisfy data collection and analysis needs and that
				are not used in the direct clinical management of the patient.
										(3)Use of
				in-network providersIf one or more participating providers is
				participating in a clinical trial, nothing in paragraph (1) shall be construed
				as preventing a plan or issuer from requiring that a qualified individual
				participate in the trial through such a participating provider if the provider
				will accept the individual as a participant in the trial.
									(b)Qualified
				individual definedFor purposes of subsection (a), the term
				qualified individual means an individual who is a participant or
				beneficiary in a group health plan and who meets the following
				conditions:
									(1)(A)The individual has been
				diagnosed with cancer.
										(B)The individual is eligible to
				participate in an approved clinical trial according to the trial protocol with
				respect to treatment of such illness.
										(2)Either—
										(A)the referring
				physician is a participating health care professional and has concluded that
				the individual’s participation in such trial would be appropriate based upon
				the individual meeting the conditions described in paragraph (1); or
										(B)the participant or
				beneficiary provides medical and scientific information establishing that the
				individual’s participation in such trial would be appropriate based upon the
				individual meeting the conditions described in paragraph (1).
										(c)Payment
									(1)In
				generalUnder this section a group health plan (or health
				insurance issuer offering health insurance coverage in connection with the
				plan) shall provide for payment for routine patient costs described in
				subsection (a)(2) but is not required to pay for costs of items and services
				that are customarily provided by the research sponsors free of charge for
				individuals participating in the trial.
									(2)Payment
				rateIn the case of covered items and services provided
				by—
										(A)a participating
				provider, the payment rate shall be at the agreed upon rate, or
										(B)a nonparticipating
				provider, the payment rate shall be at the rate the plan would normally pay for
				comparable items and services under subparagraph (A).
										(d)Approved
				Clinical Trial Defined
									(1)In
				generalIn this section, the term approved clinical
				trial means a clinical research study or clinical investigation that
				relates to the prevention or treatment of cancer (including related symptoms)
				and is described in any of the following subparagraphs:
										(A)Federally funded
				trialsThe study or investigation is approved or funded (which
				may include funding through in-kind contributions) by one or more of the
				following:
											(i)NIHThe
				National Institutes of Health.
											(ii)CDCThe
				Centers for Disease Control and Prevention.
											(iii)AHRQThe
				Agency for Health Care Research and Quality.
											(iv)CMSThe
				Centers for Medicare & Medicaid Services.
											(v)Cooperative
				centerA cooperative group or center of any of the entities
				described in clauses (i) through (iv) or the Departments of Defense or Veterans
				Affairs.
											(vi)Center support
				granteesA qualified non-governmental research entity identified
				in the guidelines issued by the National Institutes of Health for center
				support grants.
											(vii)DOD; VA;
				DOEAny of the following if the conditions described in paragraph
				(2) are met:
												(I)The Department of
				Veterans Affairs.
												(II)The Department of
				Defense.
												(III)The Department
				of Energy.
												(B)FDA drug trial
				under INDThe study or investigation is conducted under an
				investigational new drug application reviewed by the Food and Drug
				Administration.
										(C)Exempt drug
				trialThe study or investigation is a drug trial that is exempt
				from having such an investigational new drug application.
										(2)Conditions for
				departmentsThe conditions described in this paragraph, for a
				study or investigation conducted by a Department, are that the study or
				investigation has been reviewed and approved through a system of peer review
				that the Secretary determines—
										(A)to be comparable
				to the system of peer review of studies and investigations used by the National
				Institutes of Health, and
										(B)assures unbiased
				review of the highest scientific standards by qualified individuals who have no
				interest in the outcome of the review.
										(e)ConstructionNothing
				in this section shall be construed to limit a plan’s or issuer’s coverage with
				respect to clinical
				trials.
								.
					(B)Section 732(a) of such Act
			 (29 U.S.C.
			 1191a(a)) is amended by striking section 711 and
			 inserting sections 711 and 714.
					(C)The table of contents in section 1 of
			 such Act is amended by inserting after the item relating to section 713 the
			 following new item:

								Sec. 714. Coverage for individuals
				participating in approved cancer clinical
				trials.

							.
					(3)Internal revenue
			 code amendments
					(A)In
			 generalSubchapter B of
			 chapter 100 of the Internal
			 Revenue Code of 1986 is amended—
						(i)in
			 the table of sections, by inserting after the item relating to section 9812 the
			 following new item:

									Sec. 9813. Coverage for individuals
				participating in approved cancer clinical
				trials.

								;
							and(ii)by
			 inserting after section 9812 the following:

								9813.Coverage for
				individuals participating in approved cancer clinical trials
									(a)Coverage
										(1)In
				generalIf a group health plan provides coverage to a qualified
				individual (as defined in subsection (b)), the plan—
											(A)may not deny the
				individual participation in the clinical trial referred to in subsection
				(b)(2);
											(B)subject to
				subsection (c), may not deny (or limit or impose additional conditions on) the
				coverage of routine patient costs for items and services furnished in
				connection with participation in the trial; and
											(C)may not
				discriminate against the individual on the basis of the individual’s
				participation in such trial.
											(2)Exclusion of
				certain costsFor purposes of paragraph (1)(B), routine patient
				costs include all items and services provided in the clinical trial that are
				otherwise generally available to the qualified individual, except—
											(A)in the cases of
				items and services, the investigational item or service, itself; or
											(B)items and services
				that are provided solely to satisfy data collection and analysis needs and that
				are not used in the direct clinical management of the patient.
											(3)Use of in-network
				providersIf one or more participating providers is participating
				in a clinical trial, nothing in paragraph (1) shall be construed as preventing
				a plan from requiring that a qualified individual participate in the trial
				through such a participating provider if the provider will accept the
				individual as a participant in the trial.
										(b)Qualified
				Individual DefinedFor purposes of subsection (a), the term
				qualified individual means an individual who is a participant or
				beneficiary in a group health plan and who meets the following
				conditions:
										(1)(A)The individual has been
				diagnosed with cancer.
											(B)The individual is eligible to
				participate in an approved clinical trial according to the trial protocol with
				respect to treatment of such illness.
											(2)Either—
											(A)the referring
				physician is a participating health care professional and has concluded that
				the individual’s participation in such trial would be appropriate based upon
				the individual meeting the conditions described in paragraph (1); or
											(B)the participant or
				beneficiary provides medical and scientific information establishing that the
				individual’s participation in such trial would be appropriate based upon the
				individual meeting the conditions described in paragraph (1).
											(c)Payment
										(1)In
				generalUnder this section a group health plan shall provide for
				payment for routine patient costs described in subsection (a)(2) but is not
				required to pay for costs of items and services that are customarily provided
				by the research sponsors free of charge for individuals participating in the
				trial.
										(2)Payment
				rateIn the case of covered items and services provided
				by—
											(A)a participating
				provider, the payment rate shall be at the agreed upon rate, or
											(B)a nonparticipating
				provider, the payment rate shall be at the rate the plan would normally pay for
				comparable items and services under subparagraph (A).
											(d)Approved
				clinical trial defined
										(1)In
				generalIn this section, the term approved clinical
				trial means a clinical research study or clinical investigation that
				relates to the prevention or treatment of cancer (including related symptoms)
				and is described in any of the following subparagraphs:
											(A)Federally funded
				trialsThe study or investigation is approved or funded (which
				may include funding through in-kind contributions) by one or more of the
				following:
												(i)NIHThe
				National Institutes of Health.
												(ii)CDCThe
				Centers for Disease Control and Prevention.
												(iii)AHRQThe
				Agency for Health Care Research and Quality.
												(iv)CMSThe
				Centers for Medicare & Medicaid Services.
												(v)Cooperative
				centerA cooperative group or center of any of the entities
				described in clauses (i) through (iv) or the Departments of Defense or Veterans
				Affairs.
												(vi)Center support
				granteesA qualified non-governmental research entity identified
				in the guidelines issued by the National Institutes of Health for center
				support grants.
												(vii)DOD; VA;
				DOEAny of the following if the conditions described in paragraph
				(2) are met:
													(I)The Department of
				Veterans Affairs.
													(II)The Department of
				Defense.
													(III)The Department
				of Energy.
													(B)FDA drug trial
				under INDThe study or investigation is conducted under an
				investigational new drug application reviewed by the Food and Drug
				Administration.
											(C)Exempt drug
				trialThe study or investigation is a drug trial that is exempt
				from having such an investigational new drug application.
											(2)Conditions for
				departmentsThe conditions described in this paragraph, for a
				study or investigation conducted by a Department, are that the study or
				investigation has been reviewed and approved through a system of peer review
				that the Secretary determines—
											(A)to be comparable
				to the system of peer review of studies and investigations used by the National
				Institutes of Health, and
											(B)assures unbiased
				review of the highest scientific standards by qualified individuals who have no
				interest in the outcome of the review.
											(e)ConstructionNothing
				in this section shall be construed to limit a plan’s coverage with respect to
				clinical
				trials.
									.
						(B)Conforming
			 amendmentSection 4980D(d)(1) of such Code is amended by striking
			 section 9811 and inserting sections 9811 and
			 9813.
					(b)Individual
			 Health InsuranceSubpart 2 of part B of title XXVII of the
			 Public Health Service Act is amended
			 by adding at the end the following:

					2754.Coverage for
				individuals participating in approved cancer clinical trialsThe provisions of section 2707 shall apply
				to health insurance coverage offered by a health insurance issuer in the
				individual market in the same manner as they apply to health insurance coverage
				offered by a health insurance issuer in connection with a group health plan in
				the small or large group
				market.
					.
			(c)Federal
			 employeesChapter 89 of title 5, United States Code, is amended
			 by inserting after section 8904 the following:

					8904A.Coverage for
				individuals participating in approved cancer clinical trials
						(a)Coverage
							(1)In
				generalIf a plan described in section 8903 provides coverage to
				a qualified individual (as defined in subsection (b)), the plan—
								(A)may not deny the
				individual participation in the clinical trial referred to in subsection
				(b)(2);
								(B)subject to
				subsection (c), may not deny (or limit or impose additional conditions on) the
				coverage of routine patient costs for items and services furnished in
				connection with participation in the trial; and
								(C)may not
				discriminate against the individual on the basis of the individual’s
				participation in such trial.
								(2)Exclusion of
				certain costsFor purposes of paragraph (1)(B), routine patient
				costs include all items and services provided in the clinical trial that are
				otherwise generally available to the qualified individual, except—
								(A)in the cases of
				items and services, the investigational item or service, itself; or
								(B)items and
				services that are provided solely to satisfy data collection and analysis needs
				and that are not used in the direct clinical management of the patient.
								(3)Use of
				in-network providersIf one or more participating providers is
				participating in a clinical trial, nothing in paragraph (1) shall be construed
				as preventing a plan or issuer from requiring that a qualified individual
				participate in the trial through such a participating provider if the provider
				will accept the individual as a participant in the trial.
							(b)Qualified
				Individual DefinedFor purposes of subsection (a), the term
				qualified individual means an enrolled individual who meets the
				following conditions:
							(1)(A)The individual has been
				diagnosed with cancer.
								(B)The individual is eligible to
				participate in an approved clinical trial according to the trial protocol with
				respect to treatment of such illness.
								(2)Either—
								(A)the referring
				physician is a participating health care professional and has concluded that
				the individual’s participation in such trial would be appropriate based upon
				the individual meeting the conditions described in paragraph (1); or
								(B)the participant
				or beneficiary provides medical and scientific information establishing that
				the individual’s participation in such trial would be appropriate based upon
				the individual meeting the conditions described in paragraph (1).
								(c)Payment
							(1)In
				generalUnder this section a plan described in section 8903 shall
				provide for payment for routine patient costs described in subsection (a)(2)
				but is not required to pay for costs of items and services that are customarily
				provided by the research sponsors free of charge for individuals participating
				in the trial.
							(2)Payment
				rateIn the case of covered items and services provided
				by—
								(A)a participating
				provider, the payment rate shall be at the agreed upon rate, or
								(B)a
				nonparticipating provider, the payment rate shall be at the rate the plan would
				normally pay for comparable items and services under subparagraph (A).
								(d)Approved
				Clinical Trial Defined
							(1)In
				generalIn this section, the term approved clinical
				trial means a clinical research study or clinical investigation that
				relates to the prevention or treatment of cancer (including related symptoms)
				and is described in any of the following subparagraphs:
								(A)Federally
				funded trialsThe study or investigation is approved or funded
				(which may include funding through in-kind contributions) by one or more of the
				following:
									(i)NIHThe
				National Institutes of Health.
									(ii)CDCThe
				Centers for Disease Control and Prevention.
									(iii)AHRQThe
				Agency for Health Care Research and Quality.
									(iv)CMSThe
				Centers for Medicare & Medicaid Services.
									(v)Cooperative
				centerA cooperative group or center of any of the entities
				described in clauses (i) through (iv) or the Departments of Defense or Veterans
				Affairs.
									(vi)Center support
				granteesA qualified non-governmental research entity identified
				in the guidelines issued by the National Institutes of Health for center
				support grants.
									(vii)DOD; VA;
				DOEAny of the following if the conditions described in paragraph
				(2) are met:
										(I)The Department of
				Veterans Affairs.
										(II)The Department
				of Defense.
										(III)The Department
				of Energy.
										(B)FDA drug trial
				under INDThe study or investigation is conducted under an
				investigational new drug application reviewed by the Food and Drug
				Administration.
								(C)Exempt drug
				trialThe study or investigation is a drug trial that is exempt
				from having such an investigational new drug application.
								(2)Conditions for
				departmentsThe conditions described in this paragraph, for a
				study or investigation conducted by a Department, are that the study or
				investigation has been reviewed and approved through a system of peer review
				that the Secretary determines—
								(A)to be comparable
				to the system of peer review of studies and investigations used by the National
				Institutes of Health, and
								(B)assures unbiased
				review of the highest scientific standards by qualified individuals who have no
				interest in the outcome of the review.
								(e)ConstructionNothing
				in this section shall be construed to limit a plan’s or issuer’s coverage with
				respect to clinical
				trials.
						.
			(d)Effective
			 Dates
				(1)Group health
			 plans and group health insurance coverageSubject to paragraph
			 (3), the amendments made by subsection (a) apply with respect to group health
			 plans for plan years beginning on or after January 1, 2009.
				(2)Individual
			 health insurance coverageThe amendment made by subsection (b)
			 applies with respect to health insurance coverage offered, sold, issued,
			 renewed, in effect, or operated in the individual market on or after such
			 date.
				(3)Collective
			 bargaining exceptionIn the case of a group health plan
			 maintained pursuant to one or more collective bargaining agreements between
			 employee representatives and one or more employers ratified before the date of
			 the enactment of this Act, the amendments made by subsection (a) shall not
			 apply to plan years beginning before the later of—
					(A)the date on which
			 the last collective bargaining agreements relating to the plan terminates
			 (determined without regard to any extension thereof agreed to after the date of
			 the enactment of this Act), or
					(B)January 1,
			 2009.
					For purposes
			 of subparagraph (A), any plan amendment made pursuant to a collective
			 bargaining agreement relating to the plan which amends the plan solely to
			 conform to any requirement added by subsection (a) shall not be treated as a
			 termination of such collective bargaining agreement.(e)Coordination of
			 AdministrationThe Secretary of Labor, the Secretary of the
			 Treasury, the Secretary of Health and Human Services, and the Director of the
			 Office of Personnel Management shall ensure, through the execution of an
			 interagency memorandum of understanding among such Secretaries, that—
				(1)regulations,
			 rulings, and interpretations issued by such Secretaries relating to the same
			 matter over which two or more such Secretaries have responsibility under the
			 provisions of this Act (and the amendments made thereby) are administered so as
			 to have the same effect at all times; and
				(2)coordination of
			 policies relating to enforcing the same requirements through such Secretaries
			 in order to have a coordinated enforcement strategy that avoids duplication of
			 enforcement efforts and assigns priorities in enforcement.
				(f)Study and
			 Report
				(1)StudyThe
			 Secretary of Health and Human Services, jointly with the Secretaries of Labor
			 and the Treasury, shall study the impact on group health plans and health
			 insurance issuers of requiring group health plans and health insurance coverage
			 to cover routine patient care costs for individuals with serious and life
			 threatening diseases other than cancer.
				(2)Report to
			 CongressNot later than January 1, 2012, such Secretary shall
			 submit a report to Congress that contains an assessment of—
					(A)any incremental
			 cost to group health plans and health insurance issuers resulting from the
			 provisions of this section; and
					(B)a projection of
			 expenditures of such plans and issuers if coverage of routine patient care
			 costs in an approved clinical trial program were extended to individuals
			 entitled to benefits under such plans or health insurance coverage who have a
			 diagnosis other than cancer.


115 HR 1364 IH: Official Time Reform Act of 2017
U.S. House of Representatives
2017-03-06
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. 1364IN THE HOUSE OF REPRESENTATIVESMarch 6, 2017Mr. Jody B. Hice of Georgia introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo amend title 5, United States Code, to limit the use of official time for political activity and to exclude certain official time from eligibility as creditable service under CSRS and FERS, and for other purposes.
1.Short titleThis Act may be cited as the Official Time Reform Act of 2017. 2.Limitation on use of official time for political activity (a)In generalSection 7131 of title 5, United States Code, is amended—
(1)in subsection (d) by inserting and subsection (e) after preceding subsections; and  (2)by adding at the end the following:

(e)An employee may not be granted official time under this section for any time such employee would otherwise be in a duty status for purposes of engaging in any political activity, including lobbying activity.  . (b)ApplicabilityThe amendment made by this section shall apply on the date of enactment of this Act, regardless of whether an employee is covered by a collective bargaining agreement in effect on such date.
3.Exclusion of certain durations of official time from creditable service
(a)CSRSSection 8332 of title 5, United States Code, is amended by adding at the end the following:  (p) (1)An employee may not be allowed credit under this section for any day of service spent principally on official time, as described under subsection (b), that is in excess of 365 days in the aggregate.
(2)For purposes of this subsection, an employee spends a day principally on official time if at least 80 percent of the time such employee would otherwise be in a duty status during such day is spent on official time granted under section 7131. (3)Notwithstanding paragraph (1), any service described under paragraph (1) for which an employee is not allowed credit under this subsection shall be treated as creditable service for purposes of calculating the average pay of the employee under section 8331(4).   .
(b)FERSSection 8411 of title 5, United States Code, is amended by— (1)striking (i)(1) Upon application and inserting (j)(1) Upon application; and
(2)by adding at the end the following:  (m) (1)An employee may not be allowed credit under this section for any day of service spent principally on official time, as described under subsection (b), that is in excess of 365 days in the aggregate.
(2)For purposes of this subsection, an employee spends a day principally on official time if at least 80 percent of the time such employee would otherwise be in a duty status during such day is spent on official time granted under section 7131. (3)Notwithstanding paragraph (1), any service described under paragraph (1) for which an employee is not allowed credit under this subsection shall be considered service for purposes of calculating the average pay of the employee under section 8401(3).  .
(c)ApplicabilityThe amendments made by this section shall apply to any applicable annuity calculated on or after October 1, 2017.


		II
		109th CONGRESS
		2d Session
		S. 2786
		IN THE SENATE OF THE UNITED STATES

			May 11, 2006
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend title 5, United States Code, to permit access to
		  databases maintained by the Federal Emergency Management Agency for purposes of
		  complying with sex offender registry and notification laws, and for other
		  purposes.

		1.Requirement for access to
			 FEMA databases to comply with sex offender registry and notification
			 lawsSection 552a(b) of title
			 5, United States Code, is amended—
			(1)in paragraph (11),
			 by striking or at the end;
			(2)in
			 paragraph (12), by striking the period at the end and inserting ;
			 or; and
			(3)by adding at the
			 end the following:

					(13)disclosure of a
				record—
						(A)contained in a
				system of records maintained by the Federal Emergency Management Agency
				regarding assistance provided to individuals in connection with a major
				disaster or emergency (as those terms are defined in section 102 of the Robert
				T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122));
				and
						(B)for purposes of
				disclosure to another government agency or to an instrumentality of any
				governmental jurisdiction within or under the control of the United States for
				purposes of complying with a Federal or State sex offender registry or
				notification
				law.
						.
			2.Disclosure of records
			 maintained by nongovernmental organizations providing evacuation
			 assistanceTitle III of the
			 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141
			 et seq.) is amended by adding at the end the following:

				326.Disclosure of
				records maintained by nongovernmental organizations providing evacuation
				assistance
					(a)In
				generalAs a condition of receipt of Federal funds under this Act
				for services related to evacuating individuals from an area in response to a
				hazard (as that term is defined in section 602) or threat of a hazard, a
				nongovernmental organization shall provide assurances satisfactory to the
				President that the organization shall disclose to the Federal Government or a
				State or local government, upon written request, records maintained by the
				organization in connection with such services, if the purpose of the disclosure
				is to permit the Federal Government or a State or local government to comply
				with a Federal or State sex offender registry or notification law.
					(b)Liability
				protection
						(1)In
				generalNotwithstanding any other provision of law and except as
				provided in paragraph (2), a civil action against an organization or any
				employee of an organization for damages related to the disclosure of a record
				to the Federal Government or a State or local government under subsection (a)
				may not be brought in any Federal or State Court.
						(2)False
				informationParagraph (1) shall not apply if—
							(A)the information
				disclosed is false; and
							(B)the person
				providing the information knew that the information was
				false.
							.


114 HR 2255 IH: To make participation in the American Community Survey voluntary, except with respect to certain basic questions, and for other purposes.
U.S. House of Representatives
2015-05-12
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. 2255
IN THE HOUSE OF REPRESENTATIVES

May 12, 2015
Mr. Poe of Texas (for himself, Mr. Duncan of South Carolina, Mr. Rohrabacher, Mr. Huelskamp, Mr. Duncan of Tennessee, Mrs. Ellmers of North Carolina, and Ms. Jenkins of Kansas) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL
To make participation in the American Community Survey voluntary, except with respect to certain basic questions, and for other purposes.

1.Participation in American Community Survey
(a)Optional questionsSection 193 of title 13, United States Code, is amended by adding at the end the following: The Secretary shall include, in the instructions for completing any survey authorized under this section, a statement indicating that answering any question other than questions that solicit the information described in section 221(c)(2)(A) is optional.. (b)Refusal To participateSection 221 of title 13, United States Code, is amended—
(1)in subsection (a), by striking Whoever, being over eighteen years of age, and inserting Except as provided in subsection (c), any person older than 18 years of age who; and (2)by amending subsection (c) to read as follows:

(c)
(1)Notwithstanding any other provision under this title— (A)no person may be compelled to disclose information relative to the person's religious beliefs or to membership in a religious body; and
(B)except as provided in paragraph (2), no person may be fined or otherwise compelled to answer questions in connection with the survey, conducted by the Secretary of Commerce, which is commonly referred to as the American Community Survey. (2)Paragraph (1)(B)—
(A)shall not apply to any question that elicits— (i)the name of the respondent;
(ii)contact information for the respondent; (iii)the date of the response; or
(iv)the number of people living or staying at the same address; and (B)does not waive any penalty imposed for conduct described in subsection (b)..


113 HR 1641 IH: Weekend Voting Act
U.S. House of Representatives
2013-04-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1641
		IN THE HOUSE OF REPRESENTATIVES

			April 18, 2013
			Mr. Israel (for
			 himself, Mr. Larson of Connecticut,
			 Mr. Dingell,
			 Ms. Slaughter, and
			 Mr. Clyburn) introduced the following
			 bill; which was referred to the Committee
			 on House Administration

		A BILL
		To change the date for regularly scheduled Federal
		  elections and establish polling place hours.

		1.Short titleThis Act may be cited as the
			 Weekend Voting
			 Act.
		2.Change in
			 congressional election day to Saturday and SundaySection 25 of the Revised Statutes of the
			 United States (2 U.S.C. 7) is amended to read as follows:

				25.The first Saturday and Sunday after the
				first Friday in November, in every even numbered year, are established as the
				days for the election, in each of the States and Territories of the United
				States, of Representatives and Delegates to the Congress commencing on the 3d
				day of January
				thereafter.
				.
		3.Change in
			 Presidential election day to Saturday and SundaySection 1 of title 3, United States Code, is
			 amended by striking Tuesday next after the first Monday and
			 inserting first Saturday and Sunday after the first
			 Friday.
		4.Polling place
			 hours
			(a)In
			 general
				(1)Presidential
			 general electionChapter 1 of title 3, United States Code, is
			 amended—
					(A)by redesignating
			 section 1 as section 1A; and
					(B)by inserting
			 before section 1A the following:

							1.Polling place
				hours
								(a)DefinitionsIn
				this section:
									(1)Continental
				United StatesThe term continental United States
				means a State (other than Alaska and Hawaii) and the District of
				Columbia.
									(2)Presidential
				general electionThe term Presidential general
				election means the election for electors of President and Vice
				President.
									(b)Polling place
				hours
									(1)Polling places
				in the continental United StatesEach polling place in the
				continental United States shall be open, with respect to a Presidential general
				election, beginning on Saturday at 10:00 a.m. eastern standard time and ending
				on Sunday at 6:00 p.m. eastern standard time.
									(2)Polling places
				outside the continental United StatesEach polling place not
				located in the continental United States shall be open, with respect to a
				Presidential general election, beginning on Saturday at 10:00 a.m. local time
				and ending on Sunday at 6:00 p.m. local time.
									(3)Early
				closingA polling place may close between the hours of 10:00 p.m.
				local time on Saturday and 6:00 a.m. local time on Sunday as provided by the
				law of the State in which the polling place is
				located.
									.
					(2)Congressional
			 general electionSection 25 of the Revised Statutes of the United
			 States (2 U.S.C. 7) is amended—
					(A)by redesignating
			 section 25 as section 25A; and
					(B)by inserting
			 before section 25A the following:

							25.Polling place
				hours
								(a)DefinitionsIn
				this section:
									(1)Continental
				United StatesThe term continental United States
				means a State (other than Alaska and Hawaii) and the District of
				Columbia.
									(2)Congressional
				general electionThe term congressional general
				election means the regularly scheduled general election for the office
				of Senator or Representative in, or Delegate or Resident Commissioner to, the
				Congress.
									(b)Polling place
				hours
									(1)Polling places inside the continental
				United StatesEach polling place in the continental United States
				shall be open, with respect to a congressional general election, beginning on
				Saturday at 10:00 a.m. eastern standard time and ending on Sunday at 6:00 p.m.
				eastern standard time.
									(2)Polling places
				outside the continental United StatesEach polling place not
				located in the continental United States shall be open, with respect to a
				congressional general election, beginning on Saturday at 10:00 a.m. local time
				and ending on Sunday at 6:00 p.m. local time.
									(3)Early closingA polling place may close between the hours
				of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as
				provided by the law of the State in which the polling place is
				located.
									.
					(b)Conforming
			 amendments
				(1)The table of
			 sections for chapter 1 of title 3, United States Code, is amended by striking
			 the item relating to section 1 and inserting the following:

							1. Polling place hours.
							1A. Time of appointing
				electors.

						.
				(2)Sections 871(b)
			 and 1751(f) of title 18, United States Code, are each amended by striking
			 title 3, United States Code, sections 1 and 2 and inserting
			 sections 1A and 2 of title 3.


113 SRES 417 ATS: Designating October 30, 2014, as a national day of remembrance for nuclear weapons program workers.
U.S. Senate
2014-04-08
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.

		III
		113th CONGRESS
		2d Session
		S. RES. 417
		IN THE SENATE OF THE UNITED STATES

			April 8, 2014
			Mr. Udall of Colorado (for himself, Mr. Alexander, Mr. Brown, Mr. Heinrich, Mr. Udall of New Mexico, Mr. Corker, Mr. Graham, Mr. McConnell, Mr. Portman, Ms. Murkowski, and Mr. Reid) submitted the following resolution; which was referred to the Committee on the Judiciary

		July 9, 2014Committee discharged; considered and agreed toRESOLUTION
		Designating October 30, 2014, as a national day of remembrance for nuclear weapons program workers.

			Whereas, since World War II, hundreds of thousands of men
			 and women, including uranium miners, millers, and haulers, have served the
			 United States by building nuclear weapons for the defense of the United
			 States;

			Whereas those dedicated workers paid a high price for
			 their service to develop a nuclear weapons program for the benefit of the
			 United States, including by developing disabling or fatal illnesses;

			Whereas the Senate recognized the contribution, service,
			 and sacrifice those patriotic men and women made for the defense of the
			 United
			 States in Senate Resolution 151, 111th Congress, agreed to May 20, 2009,
			 Senate
			 Resolution 653, 111th Congress, agreed to September 28, 2010, Senate
			 Resolution
			 275, 112th Congress, agreed to September 26, 2011, Senate Resolution
			 519,
			 112th Congress, agreed to August 1, 2012, and Senate Resolution 164, 113th
			 Congress, agreed to September 18, 2013;

			Whereas a national day of remembrance time capsule has
			 been crossing the United States, collecting artifacts and the stories of
			 nuclear weapons program workers relating to the nuclear defense era of the
			 United States, and a remembrance quilt has been constructed to memorialize
			 the
			 contribution of those workers;

			Whereas the stories and artifacts reflected in the time
			 capsule and the remembrance quilt reinforce the importance of recognizing
			 nuclear weapons program workers; and

			Whereas those patriotic men and women deserve to be
			 recognized for the contribution, service, and sacrifice they have made for
			 the
			 defense of the United States: Now, therefore, be it

			That the Senate—

				(1)
				designates
			 October 30, 2014, as a national day of remembrance for the nuclear weapons
			 program workers, including uranium miners, millers, and haulers, of the
			 United
			 States; and

				(2)
				encourages the
			 people of the United States to support and participate in appropriate
			 ceremonies, programs, and other activities to commemorate October 30,
			 2014, as
			 a national day of remembrance for past and present workers in the nuclear
			 weapons program of the United States.


109 HRES 859 IH: Honoring the life and accomplishments of

U.S. House of Representatives
2006-06-09
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
		109th CONGRESS
		2d Session
		H. RES. 859
		IN THE HOUSE OF REPRESENTATIVES

			June 9, 2006
			Mr. Rangel (for
			 himself, Ms. Corrine Brown of Florida,
			 Mr. Towns,
			 Ms. Norton,
			 Ms. Jackson-Lee of Texas,
			 Ms. Lee, Mr. Wynn, Mr.
			 Jefferson, Mr. Owens,
			 Mr. Payne, and
			 Mr. Davis of Alabama) submitted the
			 following resolution; which was referred to the
			 Committee on Education and the
			 Workforce

		RESOLUTION
		Honoring the life and accomplishments of
		  Katherine Dunham and extending condolences to her family on her
		  death.

		Whereas Katherine Dunham, a pioneering dancer and
			 choreographer, author, and civil rights activist was born on June 22, 1909, and
			 passed away on May 21, 2006, at the age of 96;
		Whereas, at the age of 12, Katherine Dunham wrote her
			 first published short story in a magazine edited by W.E.B. DuBois;
		Whereas, as class poet in high school, Katherine Dunham
			 wrote a memoir entitled A Touch of Innocence;
		Whereas, in the 1930s, Katherine Dunham revolutionized
			 American dance by incorporating the roots of Black dance and ritual to develop
			 a uniquely different dance form;
		Whereas Katherine Dunham received a bachelor of arts
			 degree in social anthropology from the University of Chicago, was a pioneer in
			 the use of folk and ethnic choreography, and was one of the founders of the
			 anthropological dance movement;
		Whereas Katherine Dunham used her dance and choreography
			 career and public status to draw attention to the civil rights movement and the
			 issue of segregation;
		Whereas, in 1931, Katherine Dunham brought African and
			 Caribbean influences to the European-dominated dance world by founding Les
			 Ballet Negre, the first Black ballet company in the United States;
		Whereas Les Ballet Negre became known as the Katherine
			 Dunham Dance Company, touring in more than 60 countries on 6 continents from
			 the 1940s to the 1960s;
		Whereas Katherine Dunham was a dancer, choreographer, and
			 director on Broadway, and was the first Black choreographer at the Metropolitan
			 Opera;
		Whereas, in 1945, Katherine Dunham founded the Dunham
			 School of Dance and Theatre in Manhattan, providing a centralized location for
			 students to immerse themselves in dance technique and study topics in the
			 humanities, languages, ethics, philosophy, and drama;
		Whereas, in 1967, Katherine Dunham left Broadway and
			 established the Performing Arts Training Center in East St. Louis, Illinois, to
			 teach culture to underprivileged youths;
		Whereas Katherine Dunham taught dance, African hair
			 braiding and woodcarving, conversational Creole, Spanish, French, and Swahili,
			 and more traditional subjects, such as aesthetics and social science, to the
			 youths of East St. Louis, Illinois;
		Whereas Katherine Dunham founded the Katherine Dunham
			 Centers for Arts and Humanities in 1969, and the Katherine Dunham Museum and
			 Children's Workshop in 1977;
		Whereas, in 1993, Katherine Dunham went on a 47-day hunger
			 strike to call attention to the plight of the Haitians, thereby helping to
			 shift public opinion on United States relations with the Republic of Haiti and
			 precipitating the return of the first democratically elected president of the
			 Republic of Haiti;
		Whereas Katherine Dunham has received 10 honorary
			 doctorates and numerous other awards, including the National Medal of Arts,
			 Albert Schweitzer Music Award, the Kennedy Center Honors, the French Legion of
			 Honor, and the NAACP Lifetime Achievement Award;
		Whereas Katherine Dunham was an activist, teacher, dancer,
			 and mentor to young people throughout the world; and
		Whereas, with the death of Katherine Dunham on May 21,
			 2006, in New York City, the United States lost a prolific and premier artist
			 and humanitarian: Now, therefore, be it

		That the House of
			 Representatives—
			(1)honors the life and accomplishments of
			 Katherine Dunham;
			(2)recognizes
			 Katherine Dunham’s immeasurable contributions to the arts and all of humanity;
			 and
			(3)extends its
			 condolences to Katherine Dunham’s family.


114 S218 IS: Veterans to Paramedics Transition Act of 2015
U.S. Senate
2015-01-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 218IN THE SENATE OF THE UNITED STATESJanuary 21, 2015Mr. Enzi (for himself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo facilitate emergency medical services personnel training and certification curriculums for
 veterans.1.Short titleThis Act may be cited as the Veterans to Paramedics Transition Act of 2015.2.Grants for emergency medical services personnel training for veteransSection 330J(c) of the Public Health Service Act (42 U.S.C. 254c–15(c)) is amended—(1)in paragraph (7), by striking and at the end;(2)in paragraph (8), by striking the period and inserting ; or; and(3)by adding at the end the following:(9)furnish coursework and training to veterans to enable such veterans to satisfy emergency medical services personnel certification requirements, as determined by the appropriate State regulatory entity, except that in providing such coursework and training, such entity shall take into account previous medical coursework and training received when such veterans were members of the Armed Forces on active duty..


114 HR 418 IH: Corporate Politics Transparency Act
U.S. House of Representatives
2015-01-20
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.

I
114th CONGRESS
1st Session
H. R. 418
IN THE HOUSE OF REPRESENTATIVES

January 20, 2015
Ms. Meng (for herself and Mr. Conyers) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend the securities laws to require that registration statements, quarterly and annual reports, and proxy solicitations of public companies include a disclosure to shareholders of any expenditure made by that company in support of or in opposition to any candidate for Federal, State, or local public office.

1.Short titleThis Act may be cited as the Corporate Politics Transparency Act. 2.Disclosure to shareholders of certain political expenditures (a)Quarterly and annual reportsSection 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection:

(s)Disclosure of certain political expenditures
(1)Disclosure requiredEach quarterly and annual report required under this section or section 15(d) shall include a disclosure of the total of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosures shall contain, at minimum, the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer’s interest in and reason for making such expenditure. (2)DefinitionFor purposes of this subsection, the term political expenditure in support of or in opposition to any candidate for Federal, State, or local public office means an expenditure or series of expenditures totaling more than $10,000 for any single candidate during any single election that—
(A)is an independent expenditure as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 or is relating to a candidate for State or local public office that would be treated as an independent expenditure under such Act if the candidate were a candidate for Federal public office; (B)is an electioneering communication, as such term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)); or
(C)dues or other payments to any other organization that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in subparagraph (A) or (B).. (b)ProxiesSection 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection:

(k)Disclosure to shareholders of political expendituresAny solicitation of any proxy or consent or authorization in respect of any security of an issuer shall contain a disclosure of the total of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosure must be clear and conspicuous and, at minimum, contain the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer’s interest in and reason for making such expenditure. For purposes of this subsection, the term political expenditure in support of or in opposition to any candidate for Federal, State, or local public office has the meaning given such term in section 13(m)(2).. (c)Registration statementsSection 7 of the Securities Act of 1933 (15 U.S.C. 77g) is amended by adding at the end the following:

(e)The registration statement shall also contain a disclosure of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosure shall contain, at minimum, the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer’s interest in and reason for making such expenditure. For purposes of this subsection, the term political expenditure in support of or in opposition to any candidate for Federal, State, or local public office has the meaning given such term in section 13(m)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(m)(3)).. (d)Modification of formsThe Securities and Exchange Commission shall make such modifications to any forms made available by the Commission to facilitate the disclosures required by the amendments made by this Act.
(e)Effective dateThe amendments made by this Act shall take effect beginning with the first reports that are the subject of such amendments that are required to be filed for the fiscal year that begins after the date of enactment of this Act.