116 S3371 IS: Bad Landlord Database Act of 2020
U.S. Senate
2020-03-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3371IN THE SENATE OF THE UNITED STATESMarch 2, 2020Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo require the Secretary of Housing and Urban Development to create a database of owners of properties receiving tenant-based assistance, and for other purposes.1.Short titleThis Act may be cited as the Bad Landlord Database Act of 2020.2.Oversight of landlord compliance with housing quality standardsSection 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following:(ee)Housing choice voucher landlord database(1)EstablishmentNot later than 1 year after the date of enactment of this subsection, the Secretary shall, in cooperation with all public housing agencies, create a database of owners of properties receiving tenant-based assistance, which shall include—(A)a comprehensive list of all properties owned by each owner that are receiving or have previously received tenant-based assistance;(B)for each property listed under subparagraph (A), the identity of any private individual or entity that has the legal right to lease or sublease dwelling units within the property;(C)a comprehensive list of all actions taken by the Secretary and any public housing agency against an owner for violations of the terms of a housing assistance payments contract related to the property or of the housing quality standards established under subsection (o)(8)(B); and(D)a comprehensive list of all previous or ongoing litigation related to the programs authorized under subsection (o) between the owner and any public housing agency.(2)Public disclosures(A)In generalThe Secretary shall maintain and make available to the public a list, using information from the database established under paragraph (1), of all owners of properties receiving tenant-based assistance, which shall include—(i)the identity of any private individual or entity that has the legal right to lease or sublease dwelling units within each property;(ii)all actions described to in paragraph (1)(C); and(iii)all litigation described in paragraph (1)(D).(B)PrivacyAny information made available under subparagraph (A)—(i)shall be made available in a manner that protects the privacy of current and former tenants of the properties; and(ii)shall not include, and where appropriate shall redact, the addresses of the properties and dwelling units owned by the owners or other personally identifiable information of tenants.(3)PenaltyAny property owner who knowingly provides misleading or inconsistent information to the Secretary or public housing agencies, or to units of general local government or other entities approved by the Secretary to conduct inspections under subsection (o)(11), relating to the database established under paragraph (1) with the intent to undermine transparency or avoid sanction, shall be guilty of a violation of section 1012 of title 18, United States Code, and shall be prohibited thereafter from being awarded any contract by the Federal Government.(4)Inspector General(A)InvestigationsThe Inspector General of the Department of Housing and Urban Development may investigate any suspected or alleged effort by an owner to circumvent the data collection needs identified by the Secretary to carry out this subsection by providing misleading or inconsistent information.(B)ReportNot later than 2 years after the date of enactment of this subsection, the Inspector General of the Department of Housing and Urban Development shall issue a report documenting obstacles to maintaining consistent records within the database established under paragraph (1), including—(i)deficiencies in information submissions by owners;(ii)inconsistent documentation by public housing agencies; and(iii)legal restructuring or renaming of ownership entities by owners with the intent to evade transparency.(5)Audits and assessmentsNot later than 2 years after the date of enactment of this subsection, the Secretary shall—(A)audit the performance of public housing agencies with the requirements under this subsection; and(B)update the section 8 management assessment program of the Department of Housing and Urban Development to consider compliance with the requirements under this subsection..


113 HR 3893 IH: Responsible Rail and Deterring Deficiency Act
U.S. House of Representatives
2014-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS2d SessionH. R. 3893IN THE HOUSE OF REPRESENTATIVESJanuary 16, 2014Mr. Denham (for himself, Mr. Calvert, Mr. Cook, Mr. LaMalfa, Mr. Valadao, Mr. Rohrabacher, Mr. Campbell, Mr. Gary G. Miller of California, Mr. Hunter, Mr. McCarthy of California, Mr. Nunes, Mr. Issa, Mr. McClintock, Mr. Royce, and Mr. McKeon) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo provide for the suspension of Federal funding for the California High Speed Rail Project until sufficient non-Federal funds are available.1.Short titleThis Act may be cited as the Responsible Rail and Deterring Deficiency Act.2.Suspension of Federal funding(a)Congressional determinationThe Congress determines that—(1)the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project; and(2)the Authority may be unable to—(A)meet the contributory match percentage identified in Attachment 1, section 5, of the grant agreement; and(B)complete the Project according to the Project schedules included in Attachment 3 or Attachment 3A of the grant agreement.(b)Suspension requirementBased on the determination made under subsection (a), not later than 5 days after the date of enactment of this Act the Federal Railroad Administration shall exercise its right under Attachment 1, section 23, of the grant agreement to suspend any further financial assistance for the Project under the grant agreement until—(1)the Authority certifies in writing to the Federal Railroad Administration that—(A)it has access to State funds, or other non-Federal funds, in the amounts specified in Attachment 1, section 5, of the grant agreement;(B)those State or other non-Federal funds are free and clear of any legal challenge or other hindrance to the expenditure of the funds by the Authority; and(C)the funds are or will be available at the time necessary to meet the Authority’s financial obligations as described in the grant agreement; or(2)September 30, 2017.(c)Changes to agreement prohibitedUntil the conditions described in subsection (b) have been met, the Federal Railroad Administration shall not amend, supplement, or otherwise change the terms of the grant agreement.(d)DefinitionsIn this section:(1)AuthorityThe term Authority means the California High Speed Rail Authority.(2)Grant agreementThe term grant agreement means the Federal Railroad Administration’s grant/cooperative agreement with the Authority numbered FR–HSR–0009–10–01–05 made on December 5, 2012.(3)ProjectThe term Project has the meaning given that term in the grant agreement.


		II
		110th CONGRESS
		1st Session
		S. 2435
		IN THE SENATE OF THE UNITED STATES

			December 7, 2007
			Mr. Feingold introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To limit authority to delay notice of search
		  warrants.

		1.Short titleThis Act may be cited as the
			 Reasonable Notice and Search
			 Act.
		2.Limitation on
			 authority to delay notice of search warrantsSection 3103a of title 18, United States
			 Code, is amended—
			(1)in subsection
			 (b)—
				(A)in paragraph (1),
			 by striking may have an adverse result (as defined in section 2705,
			 except if the adverse results consist only of unduly delaying a trial)
			 and inserting will endanger the life or physical safety of an
			 individual, result in flight from prosecution, result in the destruction of or
			 tampering with the evidence sought under the warrant, or result in intimidation
			 of potential witnesses; and
				(B)in paragraph (3),
			 by striking 30 days and all that follows and inserting 7
			 days after the date of its execution.; and
				(2)in subsection
			 (c), by striking for good cause shown and all that follows and
			 inserting upon application of the Attorney General, the Deputy Attorney
			 General, or an Associate Attorney General, for additional periods of not more
			 than 21 calendar days for each such application, if the court finds, for each
			 such application, reasonable cause to believe that notice of the execution of
			 the warrant will endanger the life or physical safety of an individual, result
			 in flight from prosecution, result in the destruction of or tampering with the
			 evidence sought under the warrant, or result in intimidation of potential
			 witnesses..
			3.Sunset on
			 delayed notice authoritySection 102(b) of the USA PATRIOT
			 Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is
			 amended—
			(1)in the subsection heading, by inserting
			 ,
			 213, before and 215; and
			(2)in paragraph (1), by inserting
			 section 3103a of title 18, United States Code, is amended so that
			 section reads as it read on October 25, 2001, and before the
			 Foreign Intelligence.


		I
		111th CONGRESS
		2d Session
		H. R. 4655
		IN THE HOUSE OF REPRESENTATIVES

			February 23, 2010
			Mr. Bright introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  1-year extension of the increased expensing of certain depreciable business
		  assets and the special depreciation allowance for certain business
		  property.

		1.Short titleThis Act may be cited as the
			 Small Business Expansion and Job
			 Creation Act of 2010.
		2.Extension of
			 increase in limitation on expensing of certain depreciable business
			 assets
			(a)Extension of
			 increased limitationsParagraph (7) of section 179(b) of the
			 Internal Revenue Code of 1986 is amended—
				(1)by striking
			 or 2009 and inserting 2009, or 2010, and
				(2)by striking
			 and
			 2009 in the heading and inserting
			 2009, and
			 2010.
				(b)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.
			3.Special allowance
			 for certain property acquired during 2010
			(a)Extension of
			 special allowance
				(1)In
			 generalParagraph (2) of section 168(k) of the Internal Revenue
			 Code of 1986 is amended—
					(A)by striking
			 January 1, 2011 and inserting January 1, 2012,
			 and
					(B)by striking
			 January 1, 2010 each place it appears and inserting
			 January 1, 2011.
					(2)Conforming
			 amendments
					(A)The heading for
			 subsection (k) of section 168 of such Code is amended by striking
			 2010 and inserting 2011.
					(B)The heading for clause (ii) of section
			 168(k)(2)(B) of such Code is amended by striking pre-January 1, 2010 and
			 inserting pre-January 1,
			 2011.
					(C)Subparagraph (B) of section 168(l)(5) of
			 such Code is amended by striking January 1, 2009 and inserting
			 January 1, 2010.
					(D)Subparagraph (C) of section 168(n)(2) of
			 such Code is amended by striking January 1, 2009 and inserting
			 January 1, 2010.
					(E)Subparagraph (B) of section 1400N(d)(3) of
			 such Code is amended by striking January 1, 2009 and inserting
			 January 1, 2010.
					(b)Extension of
			 election To accelerate the AMT and research credits in lieu of bonus
			 depreciationParagraph (4) of section 168(k) of such Code
			 (relating to election to accelerate the AMT and research credits in lieu of
			 bonus depreciation) is amended—
				(1)by striking
			 January, 1, 2010 and inserting January 1, 2011 in
			 subparagraph (D)(iii), and
				(2)by adding at the
			 end the following new subparagraph:

						(I)Special rules
				for 2010 extension property
							(i)Taxpayers
				previously electing accelerationIn the case of a taxpayer who
				made the election under subparagraph (A) for its first taxable year ending
				after March 31, 2008, or under subparagraph (H) for its first taxable year
				ending after December 31, 2008—
								(I)the taxpayer may
				elect not to have this paragraph apply to 2010 extension property, but
								(II)if the taxpayer
				does not make the election under subclause (I), in applying this paragraph to
				the taxpayer a separate bonus depreciation amount, maximum amount, and maximum
				increase amount shall be computed and applied to eligible qualified property
				which is 2010 extension property.
								(ii)Taxpayers not
				previously electing accelerationIn the case of a taxpayer who
				did not make the election under subparagraph (A) for its first taxable year
				ending after March 31, 2008, or under subparagraph (H) for its first taxable
				year ending after December 31, 2008—
								(I)the taxpayer may
				elect to have this paragraph apply to its first taxable year ending after
				December 31, 2009, and each subsequent taxable year, and
								(II)if the taxpayer
				makes the election under subclause (I), this paragraph shall only apply to
				eligible qualified property which is 2010 extension property.
								(iii)2010 extension
				propertyFor purposes of this subparagraph, the term 2010
				extension property means property which is eligible qualified property
				solely by reason of the extension of the application of the special allowance
				under paragraph (1) pursuant to the amendments made by section 2(a) of the
				Small Business Expansion and Job Creation Act
				of 2010 (and the application of such extension to this paragraph
				pursuant to the amendment made by section 2(b)(1) of such
				Act).
							.
				(c)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2009, in taxable years ending after such
			 date.


115 HR 2445 IH: DMEPOS Access and Transparency Act of 2017
U.S. House of Representatives
2017-05-16
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. 2445IN THE HOUSE OF REPRESENTATIVESMay 16, 2017Mrs. Blackburn introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for a prior authorization process under
			 the Medicare program for certain high cost durable medical equipment,
			 prosthetics, orthotics, and supplies.

 1.Short titleThis Act may be cited as the DMEPOS Access and Transparency Act of 2017 or the DATA Act of 2017. 2.Prior authorization process for certain high cost durable medical equipment, prosthetics, orthotics, and supplies under the medicare programSection 1834(a)(15) of the Social Security Act (42 U.S.C. 1395m(a)(15)) is amended—
 (1)in the paragraph heading, by striking items and inserting items; prior authorization process for certain high cost durable medical equipment, prosthetics, orthotics, and supplies; and
 (2)by adding at the end the following new subparagraphs:  (D)Prior authorization process for certain high cost durable medical equipment, prosthetics, orthotics, and supplies (i)In generalNot later than 1 year after the date of the enactment of this subparagraph, the Secretary shall develop and implement a prior authorization process for certain durable medical equipment, prosthetics, orthotics, and supplies. A claim for an item of durable medical equipment, a prosthetic, an orthotic, or a supply that has received prior approval through the prior authorization process shall be exempt from subsequent pre- and post-payment audits and only subject to audits for systematic fraud and abuse.
 (ii)Consideration of factorsThe Secretary shall consider the following factors in developing and implementing the prior authorization process under this subparagraph:
 (I)Beneficiary access to timely care. (II)Alignment with the best practices of commercial managed care plans and Medicare Advantage plans under part C that have expertise in prior authorization processes.
 (III)Implementation of standard medical necessity evaluation prior authorization requests for physician and hospital referral agents and non-physician practitioners.
 (IV)Accounting for same day delivery expectations by providing for expedited emergency review for certain items.
 (iii)ImplementationThe Secretary shall promulgate a regulation to carry out the prior authorization process under this subparagraph. The regulation shall—
 (I)ensure that stakeholders participate in the development of the process; and (II)place priority on prior authorization of items that are subject to a high number of contractor audits.
							(E)Prior authorization process for home respiratory therapy
 (i)In generalIn the case of home respiratory therapy (as defined in clause (v)) furnished on or after January 1, 2019, the Secretary shall establish and implement a process under which the Secretary shall determine, in advance of furnishing such therapy to an individual, whether payment for such therapy may not be made under this title because such therapy is not covered under this title or because of the application of section 1862(a)(1).
 (ii)Elements of processUnder the process described in clause (i), with respect to home respiratory therapy for an individual, the following shall apply:
 (I)In order to obtain a prior authorization under such process, the prescribing practitioner (as defined by the Secretary) prescribing such therapy for such individual shall submit, for such therapy and individual—
 (aa)a prescription; (bb)in the case of home respiratory therapy that is oxygen or oxygen equipment, a certificate of medical necessity; and
 (cc)a prior authorization form that includes the information described in subclause (II). A prescription described in item (aa) with respect to such therapy is not required under this subclause if a certificate of medical necessity described in item (bb) with respect to such therapy is provided and if such certificate contains a narrative description that includes the elements for a prescription, as set forth by the Secretary.(II)The Secretary shall provide a prior authorization form (initially on paper and, not later than 3 years after the date of the enactment of this subparagraph, in an electronic format) for prescribing practitioners (as so defined by the Secretary) to complete when requesting a prior authorization under this subparagraph. The form shall constitute the complete request for information to determine medical necessity and require the prescribing practitioner (as so defined by the Secretary) to provide each of the following:
 (aa)The date that the individual was seen by a prescribing practitioner (as so defined by the Secretary) within the appropriate timeframes for certification of the need for the therapy.
 (bb)The result of the original blood gas, saturation test results, or sleep study results, as applicable.
 (cc)A statement that the individual needs or is using the therapy. (III)The Secretary shall respond to the prescribing practitioner (as so defined by the Secretary) making the prior authorization request within 72 hours (3 calendar days) of receiving the request. For hospital discharges, in the case of home respiratory therapy consisting of equipment or supplies, the Secretary shall establish an expedited review process to allow for the equipment or supplies to be delivered on the same day it is ordered.
 (IV)The Secretary shall communicate the response to the prescribing practitioner (as so defined by the Secretary) making the prior authorization request and to the supplier designated on the certificate of medical necessity.
 (V)A prior authorization approved under the process shall be deemed to constitute medical necessity for coverage and payment under this title but shall not eliminate the proof of delivery documentation requirement under section 424.57(c)(12) of title 42, Code of Federal Regulations.
 (VI)A supplier of home respiratory therapy shall not be required to provide such therapy if a prior authorization request under this subparagraph for such therapy has not been approved.
 (iii)Effect of prior authorizationThe approval of a prior authorization request under this subparagraph shall constitute a finding of medical necessity. The Secretary may not subject claims with such a prior authorization to pre- or post-payment audit for the purpose of determining medical necessity or improper payment reviews as they relate to documenting medical necessity.
 (iv)ImplementationThe Secretary may carry out this subparagraph through notice and comment rulemaking or by interim final rule with comment period. In establishing and implementing the process under this subparagraph, the Secretary shall consult with stakeholders through formal and informal mechanisms.
 (v)Home respiratory therapy definedFor purposes of this subparagraph, the term home respiratory therapy means— (I)equipment, supplies, and services for home oxygen, home sleep, and mechanical ventilation; and
 (II)any other equipment, supply, or service specified by the Secretary by regulation..


115 HR 4036 IH: Active Cyber Defense Certainty Act
U.S. House of Representatives
2017-10-12
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.

I115th CONGRESS1st SessionH. R. 4036IN THE HOUSE OF REPRESENTATIVESOctober 12, 2017Mr. Graves of Georgia (for himself and Ms. Sinema) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to provide a defense to prosecution for fraud and related
			 activity in connection with computers for persons defending against
			 unauthorized intrusions into their computers, and for other purposes.

 1.Short titleThis Act may be cited as the Active Cyber Defense Certainty Act. 2.Congressional findingsCongress finds the following:
 (1)Cyber fraud and related cyber-enabled crimes pose a severe threat to the national security and economic vitality of the United States.
 (2)As a result of the unique nature of cybercrime, it is very difficult for law enforcement to respond to and prosecute cybercrime in a timely manner, leading to the existing low level of deterrence and a rapidly growing threat. In 2015, the Department of Justice prosecuted only 153 cases of computer fraud. Congress determines that this status quo is unacceptable and that if left unchecked, the trend in cybercrime will only continue to deteriorate.
 (3)Cybercriminals have developed new tactics for monetizing the proceeds of their criminal acts, making it likely that the criminal activity will be further incentivized in the absence of reforms to current law allowing for new cyber tools and deterrence methods for defenders.
 (4)When a citizen or United States business is victimized as the result of such crime, the first recourse should be to report the crime to law enforcement and seek to improve defensive measures.
 (5)Congress also acknowledges that many cyberattacks could be prevented through improved cyber defensive practices, including enhanced training, strong passwords, and routine updating and patching to computer systems.
 (6)Congress determines that the use of active cyber defense techniques, when properly applied, can also assist in improving defenses and deterring cybercrimes.
 (7)Congress also acknowledges that many private entities are increasingly concerned with stemming the growth of dark web based cyber-enabled crimes. The Department of Justice should attempt to clarify the proper protocol for entities who are engaged in active cyber defense in the dark web so that these defenders can return private property such as intellectual property and financial records gathered inadvertently.
 (8)Congress also recognizes that while Federal agencies will need to prioritize cyber incidents of national significance, there is the potential to assist the private sector by being more responsive to reports of crime through different reporting mechanisms. Many reported cybercrimes are not responded to in a timely manner creating significant uncertainty for many businesses and individuals.
 (9)Computer defenders should also exercise extreme caution to avoid violating the law of any other nation where an attacker’s computer may reside.
 (10)Congress holds that active cyber defense techniques should only be used by qualified defenders with a high degree of confidence in attribution, and that extreme caution should be taken to avoid impacting intermediary computers or resulting in an escalatory cycle of cyber activity.
 (11)It is the purpose of this Act to provide legal certainty by clarifying the type of tools and techniques that defenders can use that exceed the boundaries of their own computer network.
 3.Exception for the use of attributional technologySection 1030 of title 18, United States Code, is amended by adding at the end the following:  (k)Exception for the use of attributional technology (1)This section shall not apply with respect to the use of attributional technology in regard to a defender who uses a program, code, or command for attributional purposes that beacons or returns locational or attributional data in response to a cyber intrusion in order to identify the source of an intrusion; if—
 (A)the program, code, or command originated on the computer of the defender but is copied or removed by an unauthorized user; and
 (B)the program, code or command does not result in the destruction of data or result in an impairment of the essential operating functionality of the attacker’s computer system, or intentionally create a backdoor enabling intrusive access into the attacker’s computer system.
 (2)DefinitionThe term attributional data means any digital information such as log files, text strings, time stamps, malware samples, identifiers such as user names and Internet Protocol addresses and metadata or other digital artifacts gathered through forensic analysis..
		4.Exclusion from prosecution for certain computer crimes for those taking active cyber defense
 measuresSection 1030 of title 18, United States Code, is amended by adding at the end the following:  (l)Active cyber defense measures not a violation (1)GenerallyIt is a defense to a criminal prosecution under this section that the conduct constituting the offense was an active cyber defense measure.
 (2)Inapplicability to civil actionthe defense against prosecution created by this section does not prevent a United States person or entity who is targeted by an active defense measure from seeking a civil remedy, including compensatory damages or injunctive relief pursuant to subsection (g).
 (3)DefinitionsIn this subsection— (A)the term defender means a person or an entity that is a victim of a persistent unauthorized intrusion of the individual entity’s computer;
 (B)the term active cyber defense measure— (i)means any measure—
 (I)undertaken by, or at the direction of, a defender; and (II)consisting of accessing without authorization the computer of the attacker to the defender’s own network to gather information in order to—
 (aa)establish attribution of criminal activity to share with law enforcement and other United States Government agencies responsible for cybersecurity;
 (bb)disrupt continued unauthorized activity against the defender’s own network; or (cc)monitor the behavior of an attacker to assist in developing future intrusion prevention or cyber defense techniques; but
 (ii)does not include conduct that— (I)intentionally destroys or renders inoperable information that does not belong to the victim that is stored on another person or entity’s computer;
 (II)recklessly causes physical injury or financial loss as described under subsection (c)(4); (III)creates a threat to the public health or safety;
 (IV)intentionally exceeds the level of activity required to perform reconnaissance on an intermediary computer to allow for attribution of the origin of the persistent cyber intrusion;
 (V)intentionally results in intrusive or remote access into an intermediary’s computer; (VI)intentionally results in the persistent disruption to a person or entities internet connectivity resulting in damages defined under subsection (c)(4); or
 (VII)impacts any computer described under subsection (a)(1) regarding access to national security information, subsection (a)(3) regarding government computers, or to subsection (c)(4)(A)(i)(V) regarding a computer system used by or for a Government entity for the furtherance of the administration of justice, national defense, or national security;
 (C)the term attacker means a person or an entity that is the source of the persistent unauthorized intrusion into the victim’s computer; and
 (D)the term intermediary computer means a person or entity’s computer that is not under the ownership or primary control of the attacker but has been used to launch or obscure the origin of the persistent cyber-attack..
 5.Notification requirement for the use of active cyber defense measuresSection 1030 of title 18, United States Code, is amended by adding the following:  (m)Notification requirement for the use of active cyber defense measures (1)GenerallyA defender who uses an active cyber defense measure under the preceding section must notify the FBI National Cyber Investigative Joint Task Force and receive a response from the FBI acknowledging receipt of the notification prior to using the measure.
 (2)Required informationNotification must include the type of cyber breach that the person or entity was a victim of, the intended target of the active cyber defense measure, the steps the defender plans to take to preserve evidence of the attacker’s criminal cyber intrusion, as well as the steps they plan to prevent damage to intermediary computers not under the ownership of the attacker and other information requested by the FBI to assist with oversight..
		6.Voluntary preemptive review of active cyber defense measures
 (a)Pilot programThe Federal Bureau of Investigation (hereinafter in this section referred to as the FBI), in coordination with other Federal agencies, shall create a pilot program to last for 2 years after the date of enactment of this Act, to allow for a voluntary preemptive review of active defense measures.
 (b)Advance reviewA defender who intends to prepare an active defense measure under section 4 may submit their notification to the FBI National Cyber Investigative Joint Task Force in advance of its use so that the FBI and other agencies can review the notification and provide its assessment on how the proposed active defense measure may be amended to better conform to Federal law, the terms of section 4, and improve the technical operation of the measure.
 (c)Prioritization of requestsThe FBI may decide how to prioritize the issuance of such guidance to defenders based on the availability of resources.
			7.Annual report on the Federal Government’s progress in deterring cyber fraud and cyber-enabled
 crimesThe Department of Justice, after consultation with the Department of Homeland Security and other relevant Federal agencies, shall deliver an annual report to Congress not later than March 31 of each year, detailing the results of law enforcement activities pertaining to cybercriminal deterrence for the previous calendar year. The report shall include—
 (1)the number of computer fraud cases reported by United States citizens and United States businesses to FBI Field Offices, the Secret Service Electronic Crimes Task Force, the Internet Crimes Complaint Center (IC3) website, and other Federal law enforcement agencies;
 (2)the number of investigations opened as a result of public reporting of computer fraud crimes, and the number of investigations open independently of any specific crimes being reported;
 (3)the number of cyber fraud cases prosecuted under section 1030 of title 18, United States Code, and other related statutes involving cybercrime, including the resolution of the cases;
 (4)the number of computer fraud crimes determined to have originated from United States suspects and the number determined to have originated from foreign suspects, and details of the country of origin of the suspected foreign suspects;
 (5)the number of dark web cybercriminal marketplaces and cybercriminal networks disabled by law enforcement activities;
 (6)an estimate of the total financial damages suffered by United States citizens and businesses resulting from ransomware and other fraudulent cyberattacks;
 (7)the number of law enforcement personnel assigned to investigate and prosecute cybercrimes; and (8)the number of active cyber defense notifications filed as required by this Act and a comprehensive evaluation of the notification process and voluntary preemptive review pilot program.
			8.Requirement for the Department of Justice to update the manual on the prosecution of cyber crimes
 (a)The Department of Justice shall update the Prosecuting Computer Crimes Manual to reflect the changes made by this legislation. (b)The Department of Justice is encouraged to seek additional opportunities to clarify the manual and other guidance to the public to reflect evolving defensive techniques and cyber technology that can be used in manner that does not violate section 1030 of title 18, United States Code, or other Federal law and international treaties.
 9.SunsetThe exclusion from prosecution created by this Act shall expire 2 years after the date of enactment of this Act.


116 S2599 IS: Seeding Rural Resilience Act
U.S. Senate
2019-10-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2599
		IN THE SENATE OF THE UNITED STATES

			October 15, 2019
			Mr. Tester (for himself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

		A BILL
		To amend the Department of Agriculture
			 Reorganization Act of
			 1994 to provide assistance to manage farmer and rancher stress and for the
			 mental health of individuals in rural areas, and for other purposes.

		1.Short title
 This Act may be cited as the Seeding Rural Resilience Act.
 2.Definition of SecretaryIn this Act, the term Secretary means the Secretary of Agriculture. 3.FindingsCongress finds that—
 (1)according to the Centers for Disease Control and Prevention, the suicide rate is 45 percent greater in rural areas of the United States than the suicide rate in urban areas of the United States;
 (2)farmers face social isolation, the potential for financial losses, barriers to seeking mental health services, and access to lethal means to commit suicide; and
 (3)as commodity prices fall and farmers face uncertainty, reports of farmer suicides are increasing. 4.Public service announcement campaign to address farm and ranch mental health (a)In generalThe Secretary, in consultation with the Secretary of Health and Human Services, shall carry out a public service announcement campaign to address the mental health of farmers and ranchers.
 (b)RequirementsThe public service announcement campaign under subsection (a) shall include television, radio, print, outdoor, and digital public service announcements.
 (c)ContractorThe Secretary may enter into a contract or other agreement with a third party to carry out the public service announcement campaign under subsection (a).
 (d)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $3,000,000, to remain available until expended.
			5.Employee training program to manage farmer and rancher stress
 (a)In generalSubtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et seq.) is amended by adding at the end the following:

					224B.Employee training program to manage farmer and rancher stress
 (a)In generalThe Secretary shall establish a voluntary program to train employees of the Farm Service Agency, the Risk Management Agency, and the Natural Resources Conservation Service in the management of stress experienced by farmers and ranchers, including the detection of stress and suicide prevention.
 (b)RequirementNot later than 180 days after the date on which the Secretary submits a report on the results of the pilot program being carried out by the Secretary as of the date of enactment of this section to train employees of the Department in the management of stress experienced by farmers and ranchers, and based on the recommendations contained in that report, the Secretary shall develop a training program to carry out subsection (a).
 (c)ReportNot less frequently than once every 2 years, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the implementation of this section..
			(b)Conforming amendments
 (1)Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating section 225 (7 U.S.C. 6925) as section 224A.
 (2)Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the following:

 (11)The authority of the Secretary to carry out section 224B.. 6.Task force for assessment of causes of mental stress and best practices for response (a)In generalThe Secretary shall convene a task force of agricultural and rural stakeholders at the national, State, and local levels—
 (1)to assess the causes of mental stress in farmers and ranchers; and (2)to identify best practices for responding to that mental stress.
 (b)Submission of reportNot later than 1 year after the date of enactment of this Act, the task force convened under subsection (a) shall submit to the Secretary a report containing the assessment and best practices under paragraphs (1) and (2), respectively, of subsection (a).
 (c)CollaborationIn carrying out this section, the task force convened under subsection (a) shall collaborate with nongovernmental organizations and State and local agencies.


116 HR 2586 IH: Federal Agency Customer Experience Act of 2019
U.S. House of Representatives
2019-05-08
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.

I116th CONGRESS1st SessionH. R. 2586IN THE HOUSE OF REPRESENTATIVESMay 8, 2019Mr. Fitzpatrick (for himself and Mr. Connolly) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo require the collection of voluntary feedback on services provided by agencies, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Federal Agency Customer Experience Act of 2019. 2.Findings; sense of congress (a)FindingsCongress finds that—
 (1)the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback;
 (2)the people of the United States deserve a Federal Government that provides efficient, effective, and high-quality services across multiple channels;
 (3)many agencies, offices, programs, and Federal employees provide excellent service to individuals, however many parts of the Federal Government still fall short on delivering the customer service experience that individuals have come to expect from the private sector;
 (4)according to the 2018 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction;
 (5)providing quality services to individuals improves the confidence of the people of the United States in their government and helps agencies achieve greater impact and fulfill their missions; and
 (6)improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer-centered mindsets and service strategies.
 (b)Sense of congressIt is the sense of Congress that— (1)all agencies should strive to provide high-quality, courteous, effective, and efficient services to the people of the United States and seek to measure, collect, report, and utilize metrics relating to the experience of individuals interacting with agencies to continually improve services to the people of the United States; and
 (2)adequate Federal funding is needed to ensure agency staffing levels that can provide the public with appropriate customer service levels.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of General Services.
 (2)AgencyThe term agency has the meaning given the term in section 3502 of title 44, United States Code. (3)Covered agencyThe term covered agency means an agency or component of an agency that is required by the Director to collect voluntary feedback for purposes of section 6, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities.
 (4)DirectorThe term Director means the Director of the Office of Management and Budget. (5)Voluntary feedbackThe term voluntary feedback has the meaning given the term in section 3502 of title 44, United States Code, as added by section 4 of this Act.
 4.Application of the paperwork reduction act to collection of voluntary feedbackSubchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act), is amended— (1)in section 3502—
 (A)in paragraph (13)(D), by striking and at the end; (B)in paragraph (14), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:  (15)the term voluntary feedback means any submission of information, opinion, or concern that is—
 (A)voluntarily made by a specific individual or other entity relating to a particular service of or transaction with an agency; and
 (B)specifically solicited by that agency.; and (2)in section 3518(c)(1)—
 (A)in subparagraph (C), by striking or at the end; (B)in subparagraph (D), by striking the period at the end and inserting ; or; and
 (C)by adding at the end the following:  (E)by an agency that is voluntary feedback..
 5.Guidelines for voluntary feedbackEach agency that solicits voluntary feedback shall ensure that— (1)responses to the solicitation of voluntary feedback remain anonymous and shall not be traced to specific individuals or entities;
 (2)individuals and entities who decline to participate in the solicitation of voluntary feedback shall not be treated differently by the agency for purposes of providing services or information;
 (3)the solicitation does not include more than 10 questions; (4)the voluntary nature of the solicitation is clear;
 (5)the proposed solicitation of voluntary feedback will contribute to improved customer service; (6)solicitations of voluntary feedback are limited to 1 solicitation per interaction with an individual or entity;
 (7)to the extent practicable, the solicitation of voluntary feedback is made at the point of service with an individual or entity;
 (8)instruments for collecting voluntary feedback are accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
 (9)internal agency data governance policies remain in effect with respect to the collection of voluntary feedback from individuals and entities.
			6.Customer experience data collection
 (a)Collection of responsesThe head of each covered agency (or a designee), assisted by and in coordination with the senior accountable official for customer service of the covered agency, shall collect voluntary feedback with respect to services of or transactions with the covered agency.
			(b)Content of questions
 (1)Standardized questionsThe Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary feedback under this section that address—
 (A)overall satisfaction of individuals or entities with the specific interaction or service received; (B)the extent to which individuals or entities were able to accomplish their intended task or purpose;
 (C)whether the individual or entity was treated with respect and professionalism; (D)whether the individual or entity believes they were served in a timely manner; and
 (E)any additional metrics as determined by the Director, in coordination with the Administrator. (2)Additional questionsIn addition to the questions developed under paragraph (1), the senior accountable official for customer service at a covered agency may develop questions relevant to the specific operations or programs of the covered agency.
 (c)Additional requirementsTo the extent practicable— (1)each covered agency shall collect voluntary feedback across all platforms or channels through which the covered agency interacts with individuals or other entities to deliver information or services; and
 (2)voluntary feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency.
				(d)Reports
				(1)Annual report to the director
 (A)In generalNot later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, each covered agency shall publish on the website of the covered agency and submit to the Director, in a manner determined by the Director, a report on the voluntary feedback required to be collected under this section that includes—
 (i)the detailed results, including a summary of how individuals and entities responded to each question;
 (ii)the total number of survey responses; and (iii)the response rate for each survey administered.
 (B)Centralized websiteThe Director shall— (i)include and maintain on a publicly available website links to the information provided on the websites of covered agencies under subparagraph (A); and
 (ii)for purposes of clause (i), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code.
 (2)Aggregated reportEach covered agency shall publish, on a regular basis, an aggregated report on the solicitation of voluntary feedback sent to individuals or entities, which shall include—
 (A)the intended purpose of each solicitation of voluntary feedback conducted by the covered agency; (B)the appropriate point of contact within each covered agency for each solicitation of voluntary feedback conducted;
 (C)the questions or survey instrument submitted to members of the public as part of the solicitation of voluntary information; and
 (D)a description of how the covered agency uses the voluntary feedback received by the covered agency to improve the customer service of the covered agency.
					7.Customer experience report
 (a)In generalNot later than 15 months after the date on which all covered agencies have submitted the first annual reports to the Director required under section 6(d)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report assessing the data collected and reported by the covered agencies.
 (b)ContentsThe report required under subsection (a) shall include— (1)a summary of the information required to be published by covered agencies under section 6(d); and
 (2)a description of how each covered agency will use the voluntary feedback received by the covered agency to improve service delivery.
 8.Restriction on use of informationAny information collected pursuant to this Act, or any amendment made by this Act, may not be used in any appraisal of job performance of a Federal employee under chapter 43 of title 5, United States Code, or any other provision of law.


116 S4532 IS: Ally’s Act
U.S. Senate
2020-09-08
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.

II116th CONGRESS2d SessionS. 4532IN THE SENATE OF THE UNITED STATESSeptember 8, 2020Mrs. Capito (for herself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend title XXVII of the Public Health Service Act and the Patient Protection and Affordable Care Act to require coverage of hearing devices and systems in certain private health insurance plans, and for other purposes.1.Short titleThis Act may be cited as Ally’s Act.2.Coverage of hearing devices and systems in certain private health insurance plans(a)In generalPart A of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by inserting after section 2713 the following new section:2713A.Coverage of hearing devices and systems(a)In generalBeginning with plan years beginning on or after January 1, 2021, a group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum provide coverage for and may impose cost-sharing requirements in accordance with subsection (b) for an individual that a physician (as defined in section 1861(r) of the Social Security Act) or qualified audiologist (as defined in section 1861(ll)(4)(B) of such Act) determines meets an indication (including unilateral or bilateral hearing loss) for an auditory device as approved by the Food and Drug Administration for—(1)auditory implant devices (including auditory osseointegrated (bone conduction) implants and cochlear implants) and external sound processors;(2)the maintenance of auditory implant devices and external sound processors described in paragraph (1);(3)every 5 years, the upgrade (or replacement if an upgrade is not available) of auditory implant devices and external sound processors described in paragraph (1);(4)adhesive adapters and softband headbands;(5)the repair of auditory implant devices and external sound processors described in paragraph (1);(6)a comprehensive hearing assessment;(7)a preoperative medical assessment;(8)surgery (as appropriate);(9)postoperative medical appointments for purposes of ensuring appropriate recovery from surgery;(10)postoperative audiological appointments for activation and fitting of the implant device and external sound processor; and(11)aural rehabilitation and treatment services (as appropriate).(b)Cost-SharingBeginning with plan years beginning on or after January 1, 2021, the cost-sharing incurred under a plan or coverage described in subsection (a)—(1)for an auditory implant device and external sound processors under this section, shall not exceed a dollar amount that is the highest cost-sharing requirement for the amount of the charges imposed for such device that is provided by a physician or qualified audiologist that has a contractual relationship with such plan or coverage for the providing of such device;(2)for an item or service under this section, shall not exceed a dollar amount that is imposed for similar items and services under that plan that are provided by a physician or qualified audiologist; and(3)that has a contractual relationship with such plan or coverage for the providing of such items and services..(b)Application to grandfathered health plansSection 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011(a)(4)(A)) is amended—(1)by striking title and inserting title, or as added after the date of the enactment of this Act); and(2)by adding at the end the following new clause:(v)Section 2713A (relating to hearing devices and systems)..(c)Effective dateThe amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2021.


		I
		112th CONGRESS
		1st Session
		H. R. 496
		IN THE HOUSE OF REPRESENTATIVES

			January 26, 2011
			Mr. King of New York
			 (for himself, Mr. Bishop of New York,
			 Mr. Engel,
			 Mr. Rangel, and
			 Ms. Chu) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To amend title 18, United States Code, to prohibit the
		  carrying of a firearm near a place where a senior Federal official is holding
		  an official public event or carrying out an official or representational duty,
		  or where any person is campaigning for Federal elective
		  office.

		1.Short titleThis Act may be cited as the
			 Securing Citizens’ Protection at Federal Events
			 Act.
		2.Prohibition on
			 carrying firearm near a place where a senior Federal official is holding an
			 official public event or carrying out an official or representational duty, or
			 where any person is campaigning for Federal elective office
			(a)ProhibitionSection 922 of title 18, United States
			 Code, is amended by adding at the end the following:

					(aa)(1)Except as provided in
				paragraph (2), it shall be unlawful for any person, in or affecting interstate
				or foreign commerce, to knowingly carry a firearm at a place which the person
				knows is a restricted firearms zone.
						(2)In a prosecution for an alleged
				violation of paragraph (1), it shall be an affirmative defense, which may be
				established by a preponderance of the evidence, that, at the time of the
				alleged violation—
							(A)the person was a law enforcement officer
				(whether on- or off-duty) authorized to carry a firearm in the line of duty;
				or
							(B)the person was carrying the firearm
				pursuant to the permission of a law enforcement officer;
							(C)the person was a designated Federal
				protectee;
							(D)the person had the permission of a
				designated Federal protectee in the restricted firearms zone to carry a firearm
				in the zone while the place that constitutes the zone is treated as such for
				purposes of this subsection;
							(E)the person was carrying the firearm
				only on the premises of a business in which the person is employed and
				authorized by the employer to carry the firearm;
							(F)the person was carrying the firearm only on
				real property owned or rented by the person;
							(G)the person was a qualified retired law
				enforcement officer (as defined in section 926C(c)) carrying the identification
				required by section 926C(d)); or
							(H)(i)the firearm possessed by
				the person was unloaded, and was in a locked container or otherwise not readily
				accessible for use; and
								(ii)any ammunition possessed by the
				person for the firearm was in a locked container separate from the
				firearm.
								(3)Violations of this subsection shall
				be investigated by the Federal Bureau of Investigation. Assistance may be
				requested from any Federal, State, or local agency, any statute, rule, or
				regulation to the contrary (other than section 374 or 375 of title 10, or
				section 1385 of this title)
				notwithstanding.
						.
			(b)DefinitionsSection
			 921(a) of such title is amended by adding at the end the following:

					(36)(A)The term restricted firearms
				zone means within 1,000 feet of the exterior of any building or
				structure in which, or at any other fixed place where—
							(i)a senior Federal official is, within
				30 minutes will be, or within the past 30 minutes was—
								(I)holding an official event that is
				open to the public; or
								(II)carrying out an official or
				representational duty; or
								(ii)a
				designated Federal protectee is, within 30 minutes will be, or within the past
				30 minutes was engaging in campaign activity as a candidate for election for
				Federal office for purposes of the Federal Election Campaign Act of
				1971.
							(B)In subparagraph (A), the term
				designated Federal protectee means a senior Federal official, or
				an individual who is a candidate for election for Federal office for purposes
				of the Federal Election Campaign Act of 1971.
						(C)In this paragraph, the term
				senior Federal official means an individual who is the President
				of the United States, the President-elect, the Vice President, or, if there is
				no Vice President, the officer next in the order of succession to the Office of
				the President of the United States, the Vice President-elect, any person who is
				acting as President under the Constitution and laws of the United States, a
				Member of Congress, a Member-of-Congress-elect, a member of the executive
				branch of the Government who is the head of a department listed in section 101
				of title 5, the Director of Central Intelligence, a judge or justice of the
				Supreme Court or of any court created by Act of Congress (other than a
				magistrate judge appointed under section 631 of title 28, United States Code),
				an individual nominated for any of the foregoing positions, during the pendency
				of the nomination.
						(D)In subparagraph (C), the terms
				President-elect and Vice-President-elect mean such
				persons as are the apparent successful candidates for the offices of President
				and Vice President, respectively, as ascertained from the results of the
				general elections held to determine the electors of President and Vice
				President in accordance with sections 1 and 2 of title
				3.
						.
			(c)PenaltiesSection
			 924(a) of such title is amended by adding at the end the following:

					(8)Whoever knowingly violates section 922(aa)
				shall be fined under this title, imprisoned not more than 10 years, or
				both.
					.


113 HR 4190 IH: To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of pharmacist services.
U.S. House of Representatives
2014-03-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4190
		IN THE HOUSE OF REPRESENTATIVES

			March 11, 2014
			Mr. Guthrie (for himself, Mr. Butterfield, and Mr. Young of Indiana) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program
			 of pharmacist services.

		1.Medicare coverage of pharmacist services
			(a)CoverageSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended—
				(1)by striking and at the end of subparagraph (EE);
				(2)by adding and at the end of subparagraph (FF); and
				(3)by inserting after subparagraph (FF) the following new subparagraph:

						(GG)pharmacist services furnished by a pharmacist, as licensed by State law, individually or on behalf
			 of a pharmacy provider—
							(i)which the pharmacist is legally authorized to perform in the State in which the individual performs
			 such services;
							(ii)as would otherwise be covered under this part if furnished by a physician, or as an incident to a
			 physician’s service; and
							(iii)in a setting located in a health professional shortage area (as defined in section 332(a)(1)(A) of
			 the Public Health Service Act), medically underserved area, or medically
			 underserved population (as defined in section 330(b)(3) of such Act);.
				(b)PaymentSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—
				(1)by striking and (Z) and inserting (Z); and
				(2)by inserting before the semicolon at the end the following: (AA) with respect to pharmacist services (as defined in section 1861(s)(2)(GG)), the amounts paid
			 shall be equal to 80 percent of the lesser of the actual charge or 85
			 percent of the fee schedule amount provided under section 1848 if such
			 services had been furnished by a physician.
				(c)Effective date; Pharmacist specific codes
				(1)Effective dateThe amendments made by subsections (a) and (b) shall apply with respect to services furnished on or
			 after January 1, 2015.
				(2)Pharmacist specific codesThe Secretary of Health and Human Services shall develop pharmacist specific codes, as necessary,
			 under the physician fee schedule under section 1848 of the Social Security
			 Act (42 U.S.C. 1395w–4).


115 HR 1140 IH: WMATA Improvement Act of 2017
U.S. House of Representatives
2017-02-16
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. 1140IN THE HOUSE OF REPRESENTATIVESFebruary 16, 2017Mr. Delaney introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo provide additional funding for the Washington Metropolitan Area Transit Authority and improve
			 upon the Washington Metropolitan Area Transit Authority Compact, and for
			 other purposes.

 1.Short titleThis Act may be cited as the WMATA Improvement Act of 2017. 2.Authorization of grants (a)In generalSubject to the requirements of section 3, the Secretary of Transportation may provide grants to the Transit Authority, in addition to any grant amounts provided pursuant to section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968), in an amount not to exceed $75,000,000 for each of fiscal years 2018 through 2028 for the purpose of financing capital and preventive maintenance projects approved by the Board of Directors of the Transit Authority.
 (b)Matching funds requiredThe Federal share of the cost of a project carried out using grant amounts provided under subsection (a) shall not exceed 50 percent of the cost of such project. The non-Federal share of the cost of such project shall be borne equally by the District of Columbia, the Commonwealth of Virginia, and the State of Maryland.
			(c)Limitations
 (1)Terms and conditionsAny grant provided under this section shall be subject to the requirements of subsections (b) and (c) of section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).
				(2)Collective bargaining agreement amendments
 (A)In generalNo grants may be provided under this section until the Board of Directors of the Transit Authority, as such Board is composed pursuant to the amendments under section 3, certifies that amendments have been made to any existing collective bargaining agreement between the Transit Authority and a collective bargaining unit to allow the Transit Authority to implement all necessary operational changes required both to provide a high level of service, reliability, and safety as well as lower costs by selectively using competitive bidding for certain capital improvement projects.
 (B)Application of lawsAny agreement described under subparagraph (A) shall comply with the requirements of— (i)section 5333(b) of title 49, United States Code; and
 (ii)subchapter IV of chapter 31 of title 40, United States Code. (C)Amended agreementsA collective bargaining agreement entered into after January 1, 2017, may be considered an amended collective bargaining agreement for purposes of this section.
 3.Amendments to WMATA CompactNo grant amounts may be provided under section 2 until the Washington Metropolitan Area Transit Authority Compact includes the following amendments:
 (1)An amendment requiring that each member of the Board of Directors of the Transit Authority have a primary fiduciary obligation to the Transit Authority.
			(2)
 (A)An amendment requiring that beginning after the date of implementation of the amended compact and thereafter, that the members of the Board of Directors of the Transit Authority appointed as described in paragraph (3)(A) shall have at least 1 expert qualification, as described in subparagraph (B).
 (B)The expert qualifications referred to in subparagraph (A) are the following: (i)A certified transit expert who has served in a senior executive capacity, or the equivalent, of a transit authority in the United States.
 (ii)A certified management expert who is currently or has previously served for five or more years and has in his or her capacity managed, directly or indirectly, more than 1,000 full-time employees—
 (I)as a president, chief operating officer, chief executive officer, chairman, or managing partner or an equivalent position of a qualifying business; or
 (II)as the president or most senior manager of a division of a qualifying business. (iii)A certified financial expert who meets the standards of an audit committee financial expert under New York Stock Exchange rules, as in effect on the date of enactment of this Act.
 (iv)A certified safety expert who has a minimum of 5 years of experience as a chairman, director, senior investigator or equivalent position of a transportation or transit safety board in the United States.
 (C)For purposes of this paragraph, the term qualifying business means a corporation, partnership, or limited liability entity that is engaged primarily in operating activities and not investing activities.
 (3)An amendment requiring that the Board of Directors of the Transit Authority be composed of 9 voting members as follows:
 (A)Two members appointed by each of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland.
 (B)Two members appointed by the Secretary of Transportation. (C)The CEO of the Transit Authority.
				4.Failure to enact amendments
 (a)Withdrawal of consentExcept as provided for under subsection (b), if the signatories of the Compact have not enacted the amendments described in section 3 before the date that is 18 months after the date of enactment of this Act, congressional consent for the Compact is hereby withdrawn.
 (b)ExtensionThe signatories may apply to the Secretary of Transportation for a single 3-month extension of the deadline under subsection (a). Such extension shall be granted by the Secretary so long as the signatories have shown progress toward instituting the amendments.
 5.DefinitionsIn this Act: (1)CompactThe term Compact means the Washington Metropolitan Area Transit Authority Compact (consented to by Congress under Public Law 89–774, 80 Stat. 1324) as title III of the Washington Metropolitan Area Transit Regulation Compact (consented to by Congress under Public Law 86–794, 74 Stat. 1031).
 (2)Transit AuthorityThe term Transit Authority means the Washington Metropolitan Area Transit Authority established under Article III of the Compact.


		II
		112th CONGRESS
		1st Session
		S. 920
		IN THE SENATE OF THE UNITED STATES

			May 9, 2011
			Mr. Blunt (for himself,
			 Ms. Stabenow, and
			 Mrs. McCaskill) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To create clean energy jobs and set efficiency standards
		  for small-duct high-velocity air conditioning and heat pump systems, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 SDHV Energy Efficiency Standards for
			 America Act of 2011.
		2.FindingsCongress makes the following
			 findings:
			(1)The Department of Energy grouped small-duct
			 high-velocity systems with all air conditioners and heat pumps in a final rule
			 published on January 22, 2001.
			(2)The Department of Energy subsequently
			 published and established the minimum efficiency standard for small-duct
			 high-velocity systems and informed all manufacturers of these products to
			 request exception relief in order to legally sell these products in the United
			 States.
			3.Standards for
			 small-duct high-velocity air conditioning and heat pump systems
			(a)StandardsSection 325(d) of the Energy Policy and
			 Conservation Act (42 U.S.C. 6295(d)) is amended—
				(1)in paragraph (1),
			 by adding at the end the following:

						(C)Small-duct high-velocity systems:
				11.00 for products manufactured on or after January 23,
				2006.
						;
				and
				(2)in paragraph (2),
			 by adding at the end the following:

						(C)Small-duct high-velocity systems: 6.8 for
				products manufactured on or after January 23,
				2006.
						.
				(b)DefinitionSection 321 of the Energy Policy and
			 Conservation Act (42 U.S.C. 6291) is amended by adding at the end the following
			 new paragraph:

					(67)Small-duct,
				high velocity systemThe term small-duct, high-velocity
				system means a heating and cooling product that contains a blower and
				indoor coil combination that—
						(A)is designed for,
				and produces, at least 1.2 inches of external static pressure when operated at
				the certified air volume rate of 220–350 cubic feet per minute per rated ton of
				cooling; and
						(B)when applied in the field, uses high
				velocity room outlets generally greater than 1,000 feet per minute that have
				less than 6.0 square inches of free
				area.
						.
			(c)Amendment of
			 standards
				(1)In
			 generalThe Secretary may, by rule, amend the standards
			 established for small-duct high-velocity air conditioning and heat pump systems
			 under the amendments made by this section.
				(2)Effective
			 dateStandards as amended pursuant to paragraph (1) shall not
			 take effect less than 5 years after the final rule making the amendment is
			 published.
				(3)DeterminationNot later than 180 days after the date of
			 enactment of this Act, the Secretary shall publish a final rule to determine
			 whether standards for small-duct, high-velocity systems should be
			 amended.